S. 601 — what changed
Water Resources Development Act of 2013
From Introduced in Senate to Reported in Senate. 15 sections amended between Introduced in Senate and Reported in Senate.
Sec. 2005 Fish and wildlife mitigation
In general— Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—
in subsection (d)—
in paragraph (1)—
in the first sentence—
by inserting “for damages to ecological resources, including terrestrial and aquatic resources, and” after “mitigate”;
by inserting “ecological resources and” after “impact on”; and
by inserting “without the implementation of mitigation measures” before the period; and
by inserting before the last sentence the following: “If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination.”; and
in paragraph (3)—
in subparagraph (A), by inserting “, at a minimum,” after “complies with”; and
in subparagraph (B)—
by striking clause (iii);
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by redesignating redesginating clauses (iv) and (v) as clauses (v) and (vi), respectively; and
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;”
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—
“(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 specific resource, such as aquatic resources or wildlife habitat; and
“(C) 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.).
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“(i) Third-Party 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.
“(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 acquire interests in land necessary for meeting the mitigation requirements of this section.”
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.
Technical assistance—
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.
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.
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. 2012 Credit for in-kind contributions
In general— Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended—
in subparagraph (A), in the matter preceding clause (i) by inserting “or a project under an environmental infrastructure assistance program” after “law”;
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.”
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))”;
by redesignating subparagraph (E) as subparagraph (H);
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.”
in subparagraph (H) (as redesignated by paragraph (4))—
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
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.”
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Applicability— Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d–5b 1962d-5b note) is amended by inserting “, or construction of design deficiency corrections on the project,” after “construction on the project”.
Effective date— The amendments made by subsections (a) and (b) take effect on November 8, 2007.
Guidelines—
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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.
Inclusions— Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum—
the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest;
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
criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project.
Public and stakeholder participation— Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall—
consult with affected non-Federal interests;
publish the proposed guidelines developed under this subsection in the Federal Register; and
provide the public with an opportunity to comment on the proposed guidelines.
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. 2020 Vegetation management policy
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—
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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
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)).
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.
Factors—
In general— In carrying out the review, the Secretary shall consider—
the varied interests and responsibilities in managing flood risks, including the need—
to provide for levee safety with limited resources; and
to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits;
the levee safety benefits that can be provided by woody vegetation;
the preservation, protection, and enhancement of natural resources, including—
the benefit of vegetation on levees in providing habitat for endangered, threatened, and candidate species; and
the impact of removing levee vegetation on compliance with other regulatory requirements;
protecting the rights of Indian tribes pursuant to treaties and statutes;
the available science and the historical record regarding the link between vegetation on levees and flood risk;
the avoidance of actions requiring significant economic costs and environmental impacts; and
other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate.
Variance considerations—
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—
soil conditions;
hydrologic factors;
vegetation patterns and characteristics;
environmental resources, including endangered, threatened, or candidate species and related regulatory requirements;
levee performance history, including historical information on original construction and subsequent operation and maintenance activities;
any effects on water supply;
any scientific evidence on the link between levee vegetation and levee safety;
institutional considerations, including implementation challenges;
the availability of limited funds for levee construction and rehabilitation;
the economic and environmental costs of removing woody vegetation on levees; and
other relevant factors identified in public comments that the Secretary determines to be appropriate.
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.
Cooperation and consultation; recommendations—
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.
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).
Peer review—
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).
Availability of views— The views of the National Academy of Engineering and the National Academy of Sciences obtained under paragraph (1) shall be—
made available to the public; and
included in supporting materials issued in connection with the revised national guidelines required under subsection (f).
Revision of national guidelines—
In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall—
revise the national guidelines based on the results of the review, including—
recommendations received as part of the consultation described in subsection (d)(1); and
the results of the peer review conducted under subsection (e); and
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.
Content; incorporation into manual— The revised national guidelines shall—
provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the national guidelines that—
reflect due consideration of the factors described in subsection (c); and
incorporate State, tribal, and regional vegetation management guidelines for specific areas that have been adopted through a formal public process; and
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)).
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—
why the deadline was missed;
solutions needed to meet the deadline; and
a projected date for submission of the report.
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.
Interim actions—
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.
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. 2024 Dredging study
In general— The Secretary, in conjunction with other relevant Federal agencies and applicable non-Federal interests, shall carry out a study—
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;
to analyze past and existing practices, technologies, and management approaches used in dredging in the United States; and
to develop recommendations relating to the best techniques, practices, and management approaches for dredging in the United States.
Purposes— The purposes of the study under this section are—
the identification of the best techniques, methods, and technologies for dredging, including the evaluation of the feasibility, cost, and benefits of—
new dredging technologies; and
improved dredging practices and techniques;
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;
the identification of any impediments to dredging, including any recommendations of appropriate alternatives for responding to those impediments;
the assessment, including any recommendations of appropriate alternatives, of the adequacy and effectiveness of—
the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers and private dredging operations for dredging; and
the current cost structure of construction contracts entered into by the Chief of Engineers;
the evaluation of the efficiency and effectiveness of past, current, and alternative dredging practices and alternatives to dredging, including agitation dredging; and
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.
Study team—
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.
Study team— The study team established pursuant to paragraph (1) shall—
be appointed by the Secretary; and
represent a broad spectrum of experts in the field of dredging and representatives of relevant State agencies and relevant non-Federal interests.
Public comment period— The Secretary shall—
make available to the public, including on the Internet, all draft and final study findings under this section; and
allow for a public comment period of not less than 30 days on any draft study findings prior to issuing final study findings.
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.
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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
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 projects.
Purposes— The purposes of the pilot program are—
to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects;
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
to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.
Administration—
In general— In carrying out the pilot program, the Secretary shall—
identify a total of not more than 12 projects for flood risk management, hurricane and storm damage reduction, including levees, floodwalls, flood control channels, water control structures, and coastal harbor and channel and inland harbor navigation, that have been authorized for construction prior to the date of enactment of this Act that—
have received Federal funds prior to the date of enactment of this Act; or
for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and
to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers;
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;
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;
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;
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—
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
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
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.
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 funding capability, that lists all deadlines for each milestone in the construction of the project.
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, relating to—
any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this section; and
expeditiously obtaining any permits necessary for the project.
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Cost-Share—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.
Report—
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 description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(2); and
any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.
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).
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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 and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.
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.
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.
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
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, ecosystem restoration, and coastal harbor and channel and inland harbor navigation.
Purposes— The purposes of the pilot program are—
to identify project delivery and cost-saving alternatives to the existing feasibility study process;
to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and
to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.
Administration—
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—
flood risk management;
hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures;
coastal harbor and channel and inland harbor navigation; and
ecosystem restoration.
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Use of non-Federal funds—non-Federal-funds—
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.
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—
non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary;
the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and
the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under paragraph (1).
Transfer of funds—
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—
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
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.
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—
has the necessary qualifications to administer those funds; and
will comply with all applicable Federal laws (including regulations) relating to the use of those funds.
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.
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).
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.
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.
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Cost-Share—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.
Report—
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 description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(7); and
any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.
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).
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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 and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.
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.
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.
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. 2032 Study acceleration
Findings— Congress finds that—
delays in the completion of feasibility studies—
increase costs for the Federal Government as well as State and local governments; and
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
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the efforts undertaken by the Corps of Engineers through the establishment of the “3–3–3” “3-3-3” planning process should be continued.
Acceleration of Studies—
In general— Subject to paragraphs (2) and (3), a feasibility study initiated after the date of enactment of this Act shall—
be completed not later than 3 years after the date of initiation of the study; and
have a maximum Federal cost share of $3,000,000.
Ability to comply— On initiating a feasibility study under paragraph (1), the Secretary shall—
certify that the study will comply with the requirements of paragraph (1);
for projects the Secretary determines to be too complex to comply with the requirements of paragraph (1)—
not less than 30 days after making a determination, notify the non-Federal interest regarding the inability to comply; and
provide a new projected timeline and cost; and
if the study conditions have changed such that scheduled timelines or study costs will not be met—
not later than 30 days after the study conditions change, notify the non-Federal interest of those changed conditions; and
present the non-Federal interest with a new timeline for completion and new projected study costs.
Appropriations—
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.
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.
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—
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the status of the implementation of the “3–3–3” “3-3-3” planning process, including the number of participating projects;
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the amount of time taken to complete all studies participating in the “3–3–3” “3-3-3” planning process; and
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 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 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 project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(3) Lead agency—The term lead agency means the Corps of Engineers and, if applicable, any State, local, or tribal governmental entity serving as a joint lead agency pursuant to this section.
“(b) Policy—The benefits of water resources projects are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be accelerated by coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the development and implementation of those water resources projects.
“(c) Applicability
“(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 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 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 the development of each water resources project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may—
“(1) have jurisdiction over the project;
“(2) be required by law to conduct or issue a review, analysis, or opinion for the project; or
“(3) be required to make a determination on issuing a permit, license, or approval for the project.
“(f) State authority—If 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 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 project;
“(2) are required to conduct or issue a review, analysis, or opinion for the project; or
“(3) are required to make a determination on issuing a permit, license, or approval for the 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 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.), 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 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 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 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 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 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) 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 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 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 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 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, 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 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 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 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) 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 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 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 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 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 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 referral
“(A) Agency issue resolution meeting
“(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) 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 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) 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 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) 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 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 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 project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(C) Limitations
“(i) In general—No transfer of funds under subparagraph (B) relating to an individual project 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.
“(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—
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“(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;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) 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 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, 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 resources projects since 2005;
“(B) publish a review of the survey that includes a description of—
“(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 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.”
Sec. 2046 Special use permits
Special use permits—
In general— The Secretary may issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and such other specialized recreation uses as the Secretary determines to be appropriate, subject to such terms and conditions as the Secretary determines to be in the best interest of the Federal Government.
Fees—
In general— In carrying out this subsection, the Secretary may—
establish and collect fees associated with the issuance of the permits described in paragraph (1); or
accept in-kind services in lieu of those fees.
Outdoor recreation equipment— The Secretary may establish and collect fees for the provision of outdoor recreation equipment and services at public recreation areas located at lakes and reservoirs operated by the Corps of Engineers.
Use of fees— Any fees generated pursuant to this subsection shall be—
retained at the site collected; and
available for use, without further appropriation, solely for administering the special permits under this subsection and carrying out related operation and maintenance activities at the site at which the fees are collected.
Cooperative management—
Program—
In general— Subject to subparagraph (B), the Secretary may enter into an agreement with a State or local government to provide for the cooperative management of a public recreation area if—
the public recreation area is located—
at a lake or reservoir operated by the Corps of Engineers; and
adjacent to or near a State or local park or recreation area; and
the Secretary determines that cooperative management between the Corps of Engineers and a State or local government agency of a portion of the Corps of Engineers recreation area or State or local park or recreation area will allow for more effective and efficient management of those areas.
Restriction— The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.
Acquisition of goods and services— The Secretary may acquire from or provide to a State or local government with which the Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative management of the areas covered by the agreement.
Administration— The Secretary may enter into 1 or more cooperative management agreements or such other arrangements as the Secretary determines to be appropriate, including leases or licenses, with non-Federal interests to share the costs of operation, maintenance, and management of recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection.
Funding transfer authority—
In general— If the Secretary determines that it is in the public interest for purposes of enhancing recreation opportunities at Corps of Engineers water resources development projects, the Secretary may transfer funds appropriated for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available at those Corps of Engineers water resource development projects to State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate.
Cooperative agreements— Any transfer of funds pursuant to this subsection shall be carried out through the execution of a cooperative agreement, which shall contain such terms and conditions as the Secretary determines to be necessary in the public interest.
Services of volunteers— Chapter IV of title I of Public Law 98–63 (33 U.S.C. 569c) is amended—
in the first sentence, by inserting “, including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers, without regard to the place of residence of the volunteers,” after “incidental expenses”; and
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by inserting after the first sentence the following: “The Chief of Engineers may also provide awards of up to $100 in value to volunteers in recognition of the services of the volunteers.”.volunteers.”
Training and educational activities— Section 213(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by striking “at” and inserting “about”.
Sec. 2050 Reports to Congress
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).
Reports— The reports referred to in subsection (a) are the reports required under—
section 2020;
section 2022;
section 2025;
section 2026;
section 2039;
section 2040;
section 6007; and
section 10015.
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Failure To to provide a completed report—
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 of the Assistant Secretary of the Army for Civil Works into the account of the division of the Secretary of the Army with responsibility for completing that report.
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 of the Assistant Secretary of the Army for Civil Works into the account of the division of the Secretary of the Army with responsibility for completing that report.
Limitations—
In general— For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000.
Aggregate limitation— The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000.
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—
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;
amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or
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.
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.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000.
Sec. 5009 Northern Rockies headwaters extreme weather mitigation
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—
floodplain restoration and reconnection;
floodplain and riparian area protection through the use of conservation easements;
instream flow restoration projects;
fish passage improvements;
channel migration zone mapping; and
invasive weed management.
Restriction— All projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes.
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Non-Federal 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.
Coordination— In carrying out this section, the Secretary—
shall consult and coordinate with the appropriate State natural resource agency in each State; and
may—
delegate any authority or responsibility of the Secretary under this section to those State natural resource agencies; and
provide amounts made available to the Secretary to carry out this section to those State natural resource agencies.
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.
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.
Sec. 6005 National levee safety advisory board
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”—
to advise the Secretary and Congress regarding consistent approaches to levee safety;
to monitor the safety of levees in the United States;
to assess the effectiveness of the national levee safety program; and
to ensure that the national levee safety program is carried out in a manner that is consistent with other Federal flood risk management efforts.
Membership—
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:
8 representatives of State levee safety programs, 1 from each of the civil works divisions of the Corps of Engineers.
2 representatives of the private sector who have expertise in levee safety.
2 representatives of local and regional governmental agencies who have expertise in levee safety.
2 representatives of Indian tribes who have expertise in levee safety.
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.
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.
Qualifications—
Individuals— Each voting member of the Board shall be knowledgeable in the field of levee safety, including water resources and flood risk management.
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—
engineering;
public communications;
program development and oversight;
with respect to levees, flood risk management and hazard mitigation; and
public safety and the environment.
Terms of service—
In general— A voting member of the Board shall be appointed for a term of 3 years, except that, of the members first appointed—
5 shall be appointed for a term of 1 year;
5 shall be appointed for a term of 2 years; and
4 shall be appointed for a term of 3 years.
Reappointment— A voting member of the Board may be reappointed to the Board, as the Secretary determines to be appropriate.
Vacancies— A vacancy on the Board shall be filled in the same manner as the original appointment was made.
Standing committees—
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.
Establishment— The Standing Committees of the Board shall include—
the Standing Committee on Participating Programs, which shall advise the Board regarding—
the development and implementation of State and tribal levee safety programs; and
appropriate incentives (including financial assistance) to be provided to States, Indian tribes, and local and regional entities;
the Standing Committee on Technical Issues, which shall advise the Board regarding—
the management of the national levee database;
the development and maintenance of levee safety guidelines;
processes and materials for developing levee-related technical assistance and training; and
research and development activities relating to levee safety;
the Standing Committee on Public Education and Awareness, which shall advise the Board regarding the development, implementation, and evaluation of targeted public outreach programs—
to gather public input;
to educate and raise awareness in leveed areas of levee risks;
to communicate information regarding participating programs; and
to track the effectiveness of public education efforts relating to levee risks;
the Standing Committee on Safety and Environment, which shall advise the Board regarding—
operation and maintenance activities for existing levee projects;
opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees;
opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and
opportunities for collaboration by environmental protection and public safety interests in leveed areas and adjacent areas; and
such other standing committees as the Secretary, in consultation with the Board, determines to be necessary.
Membership—
In general— The Board shall recommend to the Secretary for approval individuals for membership on the Standing Committees.
Qualifications—
Individuals— Each member of a Standing Committee shall be knowledgeable in the issue areas for which the Committee is charged with advising the Board.
As a whole— The membership of each Standing Committee, considered as a whole, shall represent, to the maximum extent practicable, broad geographical diversity.
Limitation— Each Standing Committee shall be comprised of not more than 10 members.
Duties and powers— The Board—
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
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.
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.
Compensation—
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.
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.
Standing committee members— Each member of a Standing Committee shall—
serve in a voluntary capacity; but
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.
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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. 10003 Definitions
In this title:
Administrator— The term “Administrator” means the Administrator of the Environmental Protection Agency.
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).
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.
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.
Lender—
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.)).
Inclusions— The term lender includes—
a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and
a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.
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.
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.
Project obligation—
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.
Exclusion— The term project obligation does not include a Federal credit instrument.
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))).
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.
State— The term State means—
a State;
the District of Columbia;
the Commonwealth of Puerto Rico; and
any other territory or possession of the United States.
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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 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).
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.).
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.
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:
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 structural or nonstructural measure to reduce flood risk, enhance stream flow, or protect natural resources; and
a levee, dam, tunnel, aqueduct, reservoir, or other related water infrastructure.
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One 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.
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One 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)).
A project for enhanced energy efficiency in the operation of a public water system.
A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution facility.
A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project.
Acquisition of real property or an interest in real property—
if the acquisition is integral to a project described in paragraphs (1) through (6); or
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.
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.
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. 11003 Post-disaster watershed assessments
Watershed assessments—
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.
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Existing projects— A watershed assessment carried out under paragraph (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).(b) (1).
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.
Projects—
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—
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s);
section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i);
section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330);
section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a);
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577); or
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).
Existing projects— In carrying out a project under paragraph (1), the Secretary shall—
to the maximum extent practicable, use all existing information and studies available for the project; and
not require any element of a study completed for the project prior to the disaster to be repeated.
Requirements— All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project.
Limitations on assessments—
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.
Federal share— The Federal share of the cost of carrying out a watershed assessment under subsection (a) shall not exceed $1,000,000.
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.