Title II — S. 601 (Engrossed in Senate)

Sec. 2001 Purposes

The purposes of this title are—

(1)

to reform the implementation of water resources projects by the Corps of Engineers;

(2)

to make other technical changes to the water resources policy of the Corps of Engineers; and

(3)

to implement reforms, including—

(A)

enhancing the ability of local sponsors to partner with the Corps of Engineers by ensuring the eligibility of the local sponsors to receive and apply credit for work carried out by the sponsors and increasing the role of sponsors in carrying out Corps of Engineers projects;

(B)

ensuring continuing authority programs can continue to meet important needs;

(C)

encouraging the continuation of efforts to modernize feasibility studies and establish targets for expedited completion of feasibility studies;

(D)

seeking efficiencies in the management of dams and related infrastructure to reduce environmental impacts while maximizing other benefits and project purposes, such as flood control, navigation, water supply, and hydropower;

(E)

clarifying mitigation requirements for Corps of Engineers projects and ensuring transparency in the independent external review of those projects; and

(F)

establishing an efficient and transparent process for deauthorizing projects that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects.

Sec. 2002 Safety assurance review

Section 2035 of the Water Resources Development Act of 2007 (33 U.S.C. 2344) is amended by adding at the end the following:

“(g) Nonapplicability of FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance review conducted under this section.”

Sec. 2003 Continuing authority programs

(a)

Small river and harbor improvement projects— Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is amended—

(1)

in subsection (a), by striking “$35,000,000” and inserting “$50,000,000”; and

(2)

in subsection (b), by striking “$7,000,000” and inserting “$10,000,000”.

(b)

Shore damage prevention or mitigation— Section 111(c) of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking “$5,000,000” and inserting “$10,000,000”.

(c)

Regional sediment management—

(1)

In general— Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended—

(A)

in subsection (c)(1)(C), by striking “$5,000,000” and inserting “$10,000,000”; and

(B)

in subsection (g), by striking “$30,000,000” and inserting “$50,000,000”.

(2)

Applicability— Section 2037 of the Water Resources Development Act of 2007 (121 Stat. 1094) is amended by added at the end the following:

“(c) Applicability—The amendment made by subsection (a) shall not apply to any project authorized under this Act if a report of the Chief of Engineers for the project was completed prior to the date of enactment of this Act.”

(d)

Small flood control projects— Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended in the third sentence by striking “$7,000,000” and inserting “$10,000,000”.

(e)

Project modifications for improvement of environment— Section 1135(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2309a(d)) is amended—

(1)

in the second sentence, by striking “Not more than 80 percent of the non-Federal may be” and inserting “The non-Federal share may be provided”; and

(2)

in the third sentence, by striking “$5,000,000” and inserting “$10,000,000”.

(f)

Aquatic ecosystem restoration— Section 206(d) of the Water Resources Development Act of 1996 (33 U.S.C. 2330(d)) is amended by striking “$5,000,000” and inserting “$10,000,000”.

(g)

Floodplain management services— Section 206(d) of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended by striking “$15,000,000” and inserting “$50,000,000”.

Sec. 2004 Continuing authority program prioritization

(a)

Definition of continuing authority program project— In this section, the term continuing authority program means 1 of the following authorities:

(1)

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).

(2)

Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).

(3)

Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).

(4)

Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).

(5)

Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).

(6)

Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).

(b)

Prioritization— Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects.

(c)

Annual report— Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include—

(1)

the name and a short description of each active continuing authority program project;

(2)

the cost estimate to complete each active project; and

(3)

the funding available in that fiscal year for each continuing authority program.

(d)

Congressional notification— On publication in the Federal Register under subsections (b) and (c), 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 copy of all information published under those subsections.

Sec. 2005 Fish and wildlife mitigation

(a)

In general— Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—

(1)

in subsection (d)—

(A)

in paragraph (1)—

(i)

in the first sentence—

(I)

by inserting “for damages to ecological resources, including terrestrial and aquatic resources, and” after “mitigate”;

(II)

by inserting “ecological resources and” after “impact on”; and

(III)

by inserting “without the implementation of mitigation measures” before the period; and

(ii)

by inserting before the last sentence the following: “If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the requirements of this section and the goals of section 307(a)(1) of the Water Resources Development Act of 1990 (33 U.S.C. 2317(a)(1)).”;

(B)

in paragraph (2)—

(i)

in the heading, by striking “Design” and inserting “Selection and design”;

(ii)

by inserting “select and” after “shall”; and

(iii)

by inserting “using a watershed approach” after “projects”; and

(C)

in paragraph (3)—

(i)

in subparagraph (A), by inserting “, at a minimum,” after “complies with”; and

(ii)

in subparagraph (B)—

(I)

by striking clause (iii);

(II)

by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and

(III)

by inserting after clause (ii) the following:

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

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

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

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

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

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

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

(2)

by adding at the end the following:

“(h) Programmatic mitigation plans

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

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

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

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

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

“(B) include specific goals for aquatic resource and fish and wildlife habitat restoration, establishment, enhancement, or preservation;

“(C) identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(i) Third-party mitigation arrangements

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

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

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

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

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

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

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

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

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

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

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

(b)

Application— The amendments made by subsection (a) shall not apply to a project for which a mitigation plan has been completed as of the date of enactment of this Act.

(c)

Technical assistance—

(1)

In general— The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions.

(2)

Requirements— In providing technical assistance under this subsection, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions.

(3)

Mitigation instruments— The Secretary shall seek to ensure any technical assistance provided under this subsection will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2).

Sec. 2006 Mitigation status report

Section 2036(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2283a) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

“(3) Information included—In reporting the status of all projects included in the report, the Secretary shall—

“(A) use a uniform methodology for determining the status of all projects included in the report;

“(B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and

“(C) provide specific dates for and participants in the consultations required under section 906(d)(4)(B) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(d)(4)(B)).”

Sec. 2007 Independent peer review

(a)

Timing of peer review— Section 2034(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(b)) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

“(3) Reasons for timing—If the Chief of Engineers does not initiate a peer review for a project study at a time described in paragraph (2), the Chief shall—

“(A) not later than 7 days after the date on which the Chief of Engineers determines not to initiate a peer review—

“(i) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of that decision; and

“(ii) make publicly available, including on the Internet the reasons for not conducting the review; and

“(B) include the reasons for not conducting the review in the decision document for the project study.”

(b)

Establishment of panels— Section 2034(c) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(c)) is amended by striking paragraph (4) and inserting the following:

“(4) Congressional and public notification—Following the identification of a project study for peer review under this section, but prior to initiation of the review by the panel of experts, the Chief of Engineers shall, not later than 7 days after the date on which the Chief of Engineers determines to conduct a review—

“(A) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the review; and

“(B) make publicly available, including on the Internet, information on—

“(i) the dates scheduled for beginning and ending the review;

“(ii) the entity that has the contract for the review; and

“(iii) the names and qualifications of the panel of experts.”

(c)

Recommendations of panel— Section 2034(f) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended by striking paragraph (2) and inserting the following:

“(2) Public availability and submission to Congress—After receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall make available to the public, including on the Internet, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—

“(A) a copy of the report not later than 7 days after the date on which the report is delivered to the Chief of Engineers; and

“(B) a copy of any written response of the Chief of Engineers on recommendations contained in the report not later than 3 days after the date on which the response is delivered to the Chief of Engineers.

“(3) Inclusion in project study—A report on a project study from a panel of experts under this section and the written response of the Chief of Engineers shall be included in the final decision document for the project study.”

(d)

Applicability— Section 2034(h)(2) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking “7 years” and inserting “12 years”.

Sec. 2008 Operation and maintenance of navigation and hydroelectric facilities

(a)

In general— Section 314 of the Water Resources Development Act of 1990 (33 U.S.C. 2321) is amended—

(1)

by striking the heading and inserting the following:

“314. Operation and maintenance of navigation and hydroelectric facilities”

(2)

in the first sentence, by striking “Activities currently performed” and inserting the following:

“(a) In general—Activities currently performed”

(3)

in the second sentence, by striking “This section” and inserting the following:

“(b) Major maintenance contracts allowed—This section”

(4)

in subsection (a) (as designated by paragraph (2)), by inserting “navigation or” before “hydroelectric”; and

(5)

by adding at the end the following:

“(c) Exclusion—This section shall not—

“(1) apply to those navigation facilities that have been or are currently under contract with a non-Federal interest to perform operations and maintenance as of the date of enactment of the Water Resources Development Act of 2013; and

“(2) prohibit the Secretary from contracting out future commercial activities at those navigation facilities.”

(b)

Clerical amendment— The table of contents contained in section 1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is amended by striking the item relating to section 314 and inserting the following:

Sec. 2009 Hydropower at Corps of Engineers facilities

(a)

Findings— Congress finds that—

(1)

in April 2012, the Oak Ridge National Laboratory of the Department of Energy (referred to in this section as the “Oak Ridge Lab”) released a report finding that adding hydroelectric power to the non-powered dams of the United States has the potential to add more than 12 gigawatts of new generating capacity;

(2)

the top 10 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential could alone supply 3 gigawatts of generating capacity;

(3)

of the 50 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential, 48 are Corps of Engineers civil works projects;

(4)

promoting non-Federal hydroelectric power at Corps of Engineers civil works projects increases the taxpayer benefit of those projects;

(5)

the development of non-Federal hydroelectric power at Corps of Engineers civil works projects—

(A)

can be accomplished in a manner that is consistent with authorized project purposes and the responsibilities of the Corps of Engineers to protect the environment; and

(B)

in many instances, may have additional environmental benefits; and

(6)

the development of non-Federal hydroelectric power at Corps of Engineers civil works projects could be promoted through—

(A)

clear and consistent lines of responsibility and authority within and across Corps of Engineers districts and divisions on hydroelectric power development activities;

(B)

consistent and corresponding processes for reviewing and approving hydroelectric power development; and

(C)

developing a means by which non-Federal hydroelectric power developers and stakeholders can resolve disputes with the Corps of Engineers concerning hydroelectric power development activities at Corps of Engineers civil works projects.

(b)

Policy— Congress declares that it is the policy of the United States that—

(1)

the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority;

(2)

Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 14 of the Act of March 3, 1899 (33 U.S.C. 408), shall be completed by the Corps of Engineers in a timely and consistent manner; and

(3)

approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.

(c)

Report— Not later than 1 year 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, at a minimum, shall include—

(1)

a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects;

(2)

a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities;

(3)

a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects;

(4)

a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and

(5)

the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects.

Sec. 2010 Clarification of work-in-kind credit authority

(a)

Non-Federal cost share— Section 7007 of the Water Resources Development Act of 2007 (121 Stat. 1277) is amended—

(1)

in subsection (a)—

(A)

by inserting “, on, or after” after “before”; and

(B)

by inserting “, program,” after “study” each place it appears;

(2)

in subsections (b) and (e)(1), by inserting “, program,” after “study” each place it appears; and

(3)

by striking subsection (d) and inserting the following:

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

(b)

Implementation— Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with any relevant agencies of the State of Louisiana, shall establish a process by which to carry out the amendments made by subsection (a)(3).

(c)

Effective date— The amendments made by subsection (a) take effect on November 8, 2007.

Sec. 2011 Transfer of excess work-in-kind credit

(a)

In general— Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that is in excess of the required non-Federal cost-share for a water resources study or project toward the required non-Federal cost-share for a different water resources study or project.

(b)

Restrictions—

(1)

In general— Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 2012 of this Act) shall apply to any credit under this section.

(2)

Conditions— Credit in excess of the non-Federal cost-share for a study or project may be approved under this section only if—

(A)

the non-Federal interest submits a comprehensive plan to the Secretary that identifies—

(i)

the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and

(ii)

the studies and projects to which that excess credit would be applied;

(B)

the Secretary approves the comprehensive plan; and

(C)

the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan.

(c)

Additional criteria— In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will—

(1)

help to expedite the completion of a project or group of projects;

(2)

reduce costs to the Federal Government; and

(3)

aid the completion of a project that provides significant flood risk reduction or environmental benefits.

(d)

Termination of authority— The authority provided in this section shall terminate 10 years after the date of enactment of this Act.

(e)

Report—

(1)

Deadlines—

(A)

In general— Not later than 2 years after the date of enactment of this Act, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an interim report on the use of the authority under this section.

(B)

Final report— Not later than 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the use of the authority under this section.

(2)

Inclusions— The reports described in paragraph (1) shall include—

(A)

a description of the use of the authority under this section during the reporting period;

(B)

an assessment of the impact of the authority under this section on the time required to complete projects; and

(C)

an assessment of the impact of the authority under this section on other water resources projects.

Sec. 2012 Credit for in-kind contributions

(a)

In general— Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended—

(1)

in subparagraph (A), in the matter preceding clause (i) by inserting “or a project under an environmental infrastructure assistance program” after “law”;

(2)

in subparagraph (C), by striking “In any case” and all that follows through the period at the end and inserting the following:

“(i) Construction

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

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

“(ii) Planning

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

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

(3)

in subparagraph (D)(iii), by striking “sections 101 and 103” and inserting “sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))”;

(4)

by redesignating subparagraph (E) as subparagraph (H);

(5)

by inserting after subparagraph (D) the following:

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

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

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

(6)

in subparagraph (H) (as redesignated by paragraph (4))—

(A)

in clause (i), by inserting “, and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 (Public Law 99–662), if correction of design deficiencies is necessary” before the period at the end; and

(B)

by striking clause (ii) and inserting the following:

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

(b)

Applicability— Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d–5b) is amended—

(1)

by inserting “, or construction of design deficiency corrections on the project,” after “construction on the project”; and

(2)

by inserting “, or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share,” after “has not been initiated”.

(c)

Effective date— The amendments made by subsections (a) and (b) take effect on November 8, 2007.

(d)

Guidelines—

(1)

In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary.

(2)

Inclusions— Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum—

(A)

the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest;

(B)

criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and

(C)

criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project.

(3)

Public and stakeholder participation— Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall—

(A)

consult with affected non-Federal interests;

(B)

publish the proposed guidelines developed under this subsection in the Federal Register; and

(C)

provide the public with an opportunity to comment on the proposed guidelines.

(e)

Other credit— Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 (33 U.S.C. 2214) that was approved by the Secretary prior to the date of enactment of this Act.

Sec. 2013 Credit in lieu of reimbursement

Section 211(e)(2) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended by adding at the end the following:

“(C) Studies or other projects—On the request of a non-Federal interest, in lieu of reimbursing a non-Federal interest the amount equal to the estimated Federal share of the cost of an authorized flood damage reduction project or a separable element of an authorized flood damage reduction project under this subsection that has been constructed by the non-Federal interest under this section as of the date of enactment of this Act, the Secretary may provide the non-Federal interest with a credit in that amount, which the non-Federal interest may apply to the share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies.”

Sec. 2014 Dam optimization

(a)

Definition of other related project benefits— In this section, the term other related project benefits includes—

(1)

environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries;

(2)

increased water supply storage (except for any project in the Apalachicola-Chattahoochee-Flint River system and the Alabama-Coosa-Tallapoosa River system);

(3)

increased hydropower generation;

(4)

reduced flood risk;

(5)

additional navigation; and

(6)

improved recreation.

(b)

Program—

(1)

In general— The Secretary may carry out activities—

(A)

to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and

(B)

to maximize, to the extent practicable—

(i)

authorized project purposes; and

(ii)

other related project benefits.

(2)

Eligible activities— An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project.

(3)

Impact on authorized purposes— An activity carried out under this section shall not adversely impact any of the authorized purposes of the project.

(4)

Effect—

(A)

Existing agreements— Nothing in this section—

(i)

supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; or

(ii)

supersedes or authorizes any amendment to a multistate water-control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act).

(B)

Water rights— Nothing in this section—

(i)

affects any water right in existence on the date of enactment of this Act;

(ii)

preempts or affects any State water law or interstate compact governing water; or

(iii)

affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State.

(5)

Other laws—

(A)

In general— An activity carried out under this section shall comply with all other applicable laws (including regulations).

(B)

Water supply— Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).

(c)

Policies, regulations, and guidance— The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b).

(d)

Coordination—

(1)

In general— The Secretary shall—

(A)

coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities; and

(B)

give priority to planning and activities under this section if the Secretary determines that—

(i)

the greatest opportunities exist for achieving the objectives of the program, as specified in subsection (b)(1), and

(ii)

the coordination activities under this subsection indicate that there is support for carrying out those planning and activities.

(2)

Non-federal interests— Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure.

(e)

Reports—

(1)

In general— Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section.

(2)

Inclusions— Each report under paragraph (1) shall include—

(A)

a schedule for reviewing the operations of individual projects; and

(B)

any recommendations of the Secretary on changes that the Secretary determines to be necessary—

(i)

to carry out existing project authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means;

(ii)

to improve the efficiency of water resource project operations; and

(iii)

to maximize authorized project purposes and other related project benefits.

(3)

Updated report—

(A)

In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall update the report entitled “Authorized and Operating Purposes of Corps of Engineers Reservoirs” and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639).

(B)

Inclusions— The updated report described in subparagraph (A) shall include—

(i)

the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; and

(ii)

the dates on which the recommendations described in clause (i) were carried out.

(f)

Funding—

(1)

In general— The Secretary may use to carry out this section amounts made available to the Secretary from—

(A)

the general purposes and expenses account;

(B)

the operations and maintenance account; and

(C)

any other amounts that are appropriated to carry out this section.

(2)

Funding from other sources— The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section.

(g)

Cooperative agreements— The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section.

Sec. 2015 Water supply

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

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

Sec. 2016 Report on water storage pricing formulas

(a)

Findings— Congress finds that—

(1)

due to the ongoing drought in many parts of the United States, communities are looking for ways to enhance their water storage on Corps of Engineer reservoirs so as to maintain a reliable supply of water into the foreseeable future;

(2)

water storage pricing formulas should be equitable and not create disparities between users; and

(3)

water pricing formulas should not be cost-prohibitive for communities.

(b)

Assessment—

(1)

In general— Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the water storage pricing formulas of the Corps of Engineers, which shall include an assessment of—

(A)

existing water storage pricing formulas of the Corps of Engineers, in particular whether those formulas produce water storage costs for some beneficiaries that are greatly disparate from the costs of other beneficiaries; and

(B)

whether equitable water storage pricing formulas could lessen the disparate impact and produce more affordable water storage for potential beneficiaries.

(2)

Report— The Comptroller General of the United States shall submit to Congress a report on the assessment carried out under paragraph (1).

Sec. 2017 Clarification of previously authorized work

(a)

In General— The Secretary may carry out measures to improve fish species habitat within the footprint and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—

(1)

has been explicitly authorized to compensate for fish losses associated with the project; and

(2)

determines that the measures are—

(A)

feasible;

(B)

consistent with authorized project purposes and the fish hatchery; and

(C)

in the public interest.

(b)

Cost Sharing—

(1)

In general— Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.

(2)

Operation and maintenance— The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of a project constructed under this section.

(c)

Authorization of appropriations— For each fiscal year, there is authorized to be appropriated to carry out this section $30,000,000.

Sec. 2018 Consideration of Federal land in feasibility studies

At the request of the non-Federal interest, the Secretary shall include as part of a regional or watershed study any Federal land that is located within the geographic scope of that study.

Sec. 2019 Planning assistance to States

Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

by inserting “or other stakeholder working with a State” after “cooperate with any State”; and

(ii)

by inserting “, including plans to comprehensively address water resources challenges,” after “of such State”; and

(B)

in paragraph (2)(A), by striking “, at Federal expense,”;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking “subsection (a)(1)” each place it appears and inserting “subsection (a)”;

(B)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(C)

by inserting after paragraph (1) the following:

“(2) Contributed funds—The Secretary may accept and expend funds in excess of the fees established under paragraph (1) that are provided by a State or other non-Federal public body for assistance under this section.”

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking “$10,000,000” and inserting “$30,000,000”; and

(ii)

by striking “$2,000,000” and inserting “$5,000,000 in Federal funds”; and

(B)

in paragraph (2), by striking “$5,000,000” and inserting “$15,000,000”.

Sec. 2020 Vegetation management policy

(a)

Definition of national guidelines— In this section, the term national guidelines means the Corps of Engineers policy guidelines for management of vegetation on levees, including—

(1)

Engineering Technical Letter 1110–2–571 entitled “Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures” and adopted April 10, 2009; and

(2)

the draft policy guidance letter entitled “Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls” (77 Fed. Reg. 9637 (Feb. 17, 2012)).

(b)

Review— Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a comprehensive review of the national guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States.

(c)

Factors—

(1)

In general— In carrying out the review, the Secretary shall consider—

(A)

the varied interests and responsibilities in managing flood risks, including the need—

(i)

to provide for levee safety with limited resources; and

(ii)

to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits;

(B)

the levee safety benefits that can be provided by woody vegetation;

(C)

the preservation, protection, and enhancement of natural resources, including—

(i)

the benefit of vegetation on levees in providing habitat for endangered, threatened, and candidate species; and

(ii)

the impact of removing levee vegetation on compliance with other regulatory requirements;

(D)

protecting the rights of Indian tribes pursuant to treaties and statutes;

(E)

the available science and the historical record regarding the link between vegetation on levees and flood risk;

(F)

the avoidance of actions requiring significant economic costs and environmental impacts; and

(G)

other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate.

(2)

Variance considerations—

(A)

In general— In carrying out the review, the Secretary shall specifically consider whether the national guidelines can be amended to promote and allow for consideration of variances from national guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on—

(i)

soil conditions;

(ii)

hydrologic factors;

(iii)

vegetation patterns and characteristics;

(iv)

environmental resources, including endangered, threatened, or candidate species and related regulatory requirements;

(v)

levee performance history, including historical information on original construction and subsequent operation and maintenance activities;

(vi)

any effects on water supply;

(vii)

any scientific evidence on the link between levee vegetation and levee safety;

(viii)

institutional considerations, including implementation challenges;

(ix)

the availability of limited funds for levee construction and rehabilitation;

(x)

the economic and environmental costs of removing woody vegetation on levees; and

(xi)

other relevant factors identified in public comments that the Secretary determines to be appropriate.

(B)

Scope— The scope of a variance approved by the Secretary may include a complete exemption to national guidelines, as the Secretary determines to be necessary.

(d)

Cooperation and consultation; recommendations—

(1)

In general— The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public.

(2)

Recommendations— The Chief of Engineers and any State, tribal, regional, or local entity may submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws, including recommendations relating to the review of national guidelines under subsection (b) and the consideration of variances under subsection (c)(2).

(e)

Peer review—

(1)

In general— As part of the review, the Secretary shall solicit and consider the views of the National Academy of Engineering and the National Academy of Sciences on the engineering, environmental, and institutional considerations underlying the national guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d).

(2)

Availability of views— The views of the National Academy of Engineering and the National Academy of Sciences obtained under paragraph (1) shall be—

(A)

made available to the public; and

(B)

included in supporting materials issued in connection with the revised national guidelines required under subsection (f).

(f)

Revision of national guidelines—

(1)

In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall—

(A)

revise the national guidelines based on the results of the review, including—

(i)

recommendations received as part of the consultation described in subsection (d)(1); and

(ii)

the results of the peer review conducted under subsection (e); and

(B)

submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section.

(2)

Content; incorporation into manual— The revised national guidelines shall—

(A)

provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the national guidelines that—

(i)

reflect due consideration of the factors described in subsection (c); and

(ii)

incorporate State, tribal, and regional vegetation management guidelines for specific areas that have been adopted through a formal public process; and

(B)

be incorporated into the manual proposed under section 5(c) of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n(c)).

(3)

Failure to meet deadlines— If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of—

(A)

why the deadline was missed;

(B)

solutions needed to meet the deadline; and

(C)

a projected date for submission of the report.

(g)

Continuation of work— Concurrent with the completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy.

(h)

Interim actions—

(1)

In general— Until the date on which revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk.

(2)

Revisions— Beginning on the date on which the revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall consider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former national guidelines.

Sec. 2021 Levee certifications

(a)

Implementation of flood protection structure accreditation task force— In carrying out section 100226 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall—

(1)

ensure that at least 1 program activity carried out under the inspection of completed works program of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision for each requirement under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); and

(2)

to the maximum extent practicable, carry out activities under the inspection of completed works program of the Corps of Engineers in alignment with the schedule established for the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).

(b)

Accelerated levee system evaluations and certifications—

(1)

In general— On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation and certification of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation and certification will be carried out earlier than such an evaluation and certification would be carried out under subsection (a).

(2)

Requirements— A levee system evaluation and certification under paragraph (1) shall—

(A)

at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on the date of enactment of this Act); and

(B)

be carried out in accordance with such procedures as the Secretary, in consultation with the Director of the Federal Emergency Management Agency, may establish.

(3)

Cost Sharing—

(A)

Non-Federal share— Subject to subparagraph (B), the non-Federal share of the cost of carrying out a levee system evaluation and certification under this subsection shall be 35 percent.

(B)

Adjustment— The Secretary shall adjust the non-Federal share of the cost of carrying out a levee system evaluation and certification under this subsection in accordance with section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)).

(4)

Application— Nothing in this subsection affects the requirement under section 100226(b)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942).

Sec. 2022 Restoration of flood and hurricane storm damage reduction projects

(a)

In general— The Secretary shall carry out any measures necessary to repair or restore federally authorized flood and hurricane and storm damage reduction projects constructed by the Corps of Engineers to authorized levels (as of the date of enactment of this Act) of protection for reasons including settlement, subsidence, sea level rise, and new datum, if the Secretary determines the necessary work is technically feasible, environmentally acceptable, and economically justified.

(b)

Cost share— The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).

(c)

Operations and maintenance— The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent.

(d)

Eligibility of projects transferred to non-Federal interest— The Secretary may carry out measures described in subsection (a) on a water resources project, separable element of a project, or functional component of a project that has been transferred to the non-Federal interest.

(e)

Report to Congress— Not later than 8 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section, including—

(1)

any recommendations relating to the continued need for the authority provided in this section;

(2)

a description of the measures carried out under this section;

(3)

any lessons learned relating to the measures implemented under this section; and

(4)

best practices for carrying out measures to restore flood and hurricane and storm damage reduction projects.

(f)

Termination of authority— The authority to carry out a measure under this section terminates on the date that is 10 years after the date of enactment of this Act.

(g)

Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $250,000,000.

Sec. 2023 Operation and maintenance of certain projects

The Secretary may assume operation and maintenance activities for a navigation channel that is deepened by a non-Federal interest prior to December 31, 2012, if—

(1)

the Secretary determines that the requirements under paragraphs (2) and (3) of section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)) are met;

(2)

the Secretary determines that the activities carried out by the non-Federal interest in deepening the navigation channel are economically justified and environmentally acceptable; and

(3)

the deepening activities have been carried out on a Federal navigation channel that—

(A)

exists as of the date of enactment of this Act; and

(B)

has been authorized by Congress.

Sec. 2024 Dredging study

(a)

In general— The Secretary, in conjunction with other relevant Federal agencies and applicable non-Federal interests, shall carry out a study—

(1)

to compare domestic and international dredging markets, including costs, technologies, and management approaches used in each respective market, and determine the impacts of those markets on dredging needs and practices in the United States;

(2)

to analyze past and existing practices, technologies, and management approaches used in dredging in the United States; and

(3)

to develop recommendations relating to the best techniques, practices, and management approaches for dredging in the United States.

(b)

Purposes— The purposes of the study under this section are—

(1)

the identification of the best techniques, methods, and technologies for dredging, including the evaluation of the feasibility, cost, and benefits of—

(A)

new dredging technologies; and

(B)

improved dredging practices and techniques;

(2)

the appraisal of the needs of the United States for dredging, including the need to increase the size of private and Corps of Engineers dredging fleets to meet demands for additional construction or maintenance dredging needed as of the date of enactment of this Act and in the subsequent 20 years;

(3)

the identification of any impediments to dredging, including any recommendations of appropriate alternatives for responding to those impediments;

(4)

the assessment, including any recommendations of appropriate alternatives, of the adequacy and effectiveness of—

(A)

the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers and private dredging operations for dredging; and

(B)

the current cost structure of construction contracts entered into by the Chief of Engineers;

(5)

the evaluation of the efficiency and effectiveness of past, current, and alternative dredging practices and alternatives to dredging, including agitation dredging; and

(6)

the identification of innovative techniques and cost-effective methods to expand regional sediment management efforts, including the placement of dredged sediment within river diversions to accelerate the creation of wetlands.

(c)

Study team—

(1)

In general— The Secretary shall establish a study team to assist the Secretary in planning, carrying out, and reporting on the results of the study under this section.

(2)

Study team— The study team established pursuant to paragraph (1) shall—

(A)

be appointed by the Secretary; and

(B)

represent a broad spectrum of experts in the field of dredging and representatives of relevant State agencies and relevant non-Federal interests.

(d)

Public comment period— The Secretary shall—

(1)

make available to the public, including on the Internet, all draft and final study findings under this section; and

(2)

allow for a public comment period of not less than 30 days on any draft study findings prior to issuing final study findings.

(e)

Report to congress— Not later than 2 years after the date of enactment of this Act, and subject to available appropriations, the Secretary, in consultation with the study team established under subsection (c), shall submit a detailed report on the results of the study to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(f)

Failure To meet deadlines— If the Secretary does not complete the study under this section and submit a report to Congress under subsection (e) on or before the deadline described in that subsection, the Secretary shall notify Congress and describe why the study was not completed.

Sec. 2025 Non-Federal project implementation pilot program

(a)

In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, coastal harbor and channel inland navigation, and aquatic ecosystem restoration projects.

(b)

Purposes— The purposes of the pilot program are—

(1)

to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects;

(2)

to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and

(3)

to evaluate alternatives for the decentralization of the project management, design, and construction for authorized Corps of Engineers water resources projects.

(c)

Administration—

(1)

In general— In carrying out the pilot program, the Secretary shall—

(A)

identify a total of not more than 15 projects for flood risk management, hurricane and storm damage reduction (including levees, floodwalls, flood control channels, and water control structures), coastal harbor and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for construction prior to the date of enactment of this Act, including—

(i)

not more than 12 projects that—

(I)

(aa)

have received Federal funds prior to the date of enactment of this Act; or

(bb)

for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and

(II)

to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; and

(ii)

not more than 3 projects that have not received Federal funds in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act;

(B)

notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each project under the pilot program;

(C)

in collaboration with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project;

(D)

on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary;

(E)

following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project—

(i)

if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and

(ii)

additional amounts, as determined by the Secretary, from amounts made available under subsection (h), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and

(F)

regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable.

(2)

Detailed project schedule— Not later than 180 days after entering into an agreement under paragraph (1)(D), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the project.

(3)

Technical assistance— On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary for the technical assistance relating to—

(A)

any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this section; and

(B)

expeditiously obtaining any permits necessary for the project.

(d)

Cost-share— Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this section.

(e)

Report—

(1)

In general— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including—

(A)

a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(2); and

(B)

any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.

(2)

Update— Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1).

(3)

Failure to meet deadline— If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.

(f)

Administration— All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this section.

(g)

Termination of Authority— The authority to commence a project under this section terminates on the date that is 5 years after the date of enactment of this Act.

(h)

Authorization of appropriations— In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018.

Sec. 2026 Non-Federal implementation of feasibility studies

(a)

In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out feasibility studies for flood risk management, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland navigation.

(b)

Purposes— The purposes of the pilot program are—

(1)

to identify project delivery and cost-saving alternatives to the existing feasibility study process;

(2)

to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and

(3)

to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.

(c)

Administration—

(1)

In general— On the request of a non-Federal interest, the Secretary may enter into an agreement with the non-Federal interest for the non-Federal interest to provide full project management control of a feasibility study for a project for—

(A)

flood risk management;

(B)

hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures;

(C)

coastal harbor and channel and inland navigation; and

(D)

aquatic ecosystem restoration.

(2)

Use of non-Federal-funds—

(A)

In general— A non-Federal interest that has entered into an agreement with the Secretary pursuant to paragraph (1) may use non-Federal funds to carry out the feasibility study.

(B)

Credit— The Secretary shall credit towards the non-Federal share of the cost of construction of a project for which a feasibility study is carried out under this section an amount equal to the portion of the cost of developing the study that would have been the responsibility of the Secretary, if the study were carried out by the Secretary, subject to the conditions that—

(i)

non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary;

(ii)

the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and

(iii)

the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under paragraph (1).

(3)

Transfer of funds—

(A)

In general— After the date on which an agreement is executed pursuant to paragraph (1), the Secretary may transfer to the non-Federal interest to carry out the feasibility study—

(i)

if applicable, the balance of any unobligated amounts appropriated for the study, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and

(ii)

additional amounts, as determined by the Secretary, from amounts made available under subsection (h), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of the feasibility study.

(B)

Administration— The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under paragraph (1) to ensure that a non-Federal interest receiving Federal funds under this paragraph—

(i)

has the necessary qualifications to administer those funds; and

(ii)

will comply with all applicable Federal laws (including regulations) relating to the use of those funds.

(4)

Notification— The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the initiation of each feasibility study under the pilot program.

(5)

Auditing— The Secretary shall regularly monitor and audit each feasibility study carried out by a non-Federal interest under this section to ensure that the use of any funds transferred under paragraph (3) are used in compliance with the agreement signed under paragraph (1).

(6)

Technical assistance— On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest relating to any aspect of the feasibility study, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance.

(7)

Detailed project schedule— Not later than 180 days after entering into an agreement under paragraph (1), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to the feasibility study.

(d)

Cost-share— Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a feasibility study carried out under this section.

(e)

Report—

(1)

In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including—

(A)

a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(7); and

(B)

any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.

(2)

Update— Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1).

(3)

Failure to meet deadline— If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.

(f)

Administration— All laws and regulations that would apply to the Secretary if the Secretary were carrying out the feasibility study shall apply to a non-Federal interest carrying out a feasibility study under this section.

(g)

Termination of authority— The authority to commence a feasibility study under this section terminates on the date that is 5 years after the date of enactment of this Act.

(h)

Authorization of appropriations— In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018.

Sec. 2027 Tribal partnership program

Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—

(1)

in subsection (d)(1)(B)—

(A)

by striking “The ability” and inserting the following:

“(i) In general—The ability”

(B)

by adding at the end the following:

“(ii) Determination—Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i).”

(2)

in subsection (e), by striking “2012” and inserting “2023”.

Sec. 2028 Cooperative agreements with Columbia River Basin Indian tribes

The Secretary may enter into a cooperative agreement with 1 or more federally recognized Indian tribes (or a designated representative of the Indian tribes) that are located, in whole or in part, within the boundaries of the Columbia River Basin to carry out authorized activities within the Columbia River Basin to protect fish, wildlife, water quality, and cultural resources.

Sec. 2029 Military munitions response actions at civil works shoreline protection projects

(a)

In general— The Secretary may implement any response action the Secretary determines to be necessary at a site where—

(1)

the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach;

(2)

as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.

(b)

Response action funding— A response action described in subsection (a) shall be funded from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.

Sec. 2030 Beach nourishment

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

“156. Beach nourishment

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

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

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

“(b) Extension

“(1) In general—Except as provided in paragraph (3), before the date on which the 50-year period referred to in subsection (a)(1) expires, the Secretary of the Army, acting through the Chief of Engineers—

“(A) may, at the request of the non-Federal interest and subject to the availability of appropriations, carry out a review of a nourishment project carried out under subsection (a) to evaluate the feasibility of continuing Federal participation in the project for a period not to exceed 15 years; and

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

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

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

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

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

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

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

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

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

Sec. 2031 Regional sediment management

Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) (as amended by section 2003(c)) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by inserting “or used in” after “obtained through”; and

(B)

in paragraph (3)(C), by inserting “for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies” before the period at the end;

(2)

in subsection (c)(1)(B)—

(A)

in clause (i), by striking “clause (ii)” and inserting “clauses (ii) and (iii)”;

(B)

by redesignating clause (ii) as clause (iii); and

(C)

by inserting after clause (i) the following:

“(ii) Reduction in non-Federal share—The Secretary may reduce the non-Federal share of the costs of construction of a project if the Secretary determines that, through the beneficial use of sediment at another Federal project, there will be an associated reduction or avoidance of Federal costs.”

(3)

in subsection (d)—

(A)

by striking the subsection designation and heading and inserting the following:

“(d) Selection of Dredged Material Disposal Method for Purposes Related to Environmental Restoration or Storm Damage and Flood Reduction”

(B)

in paragraph (1), by striking “in relation to” and all that follows through the period at the end and inserting “in relation to—

“(A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or

“(B) the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.”

(4)

in subsection (e), by striking paragraph (1) and inserting the following:

“(1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;”

Sec. 2032 Study acceleration

(a)

Findings— Congress finds that—

(1)

delays in the completion of feasibility studies—

(A)

increase costs for the Federal Government as well as State and local governments; and

(B)

delay the implementation of water resources projects that provide critical benefits, including reducing flood risk, maintaining commercially important flood risk, and restoring vital ecosystems; and

(2)

the efforts undertaken by the Corps of Engineers through the establishment of the “3–3–3” planning process should be continued.

(b)

Acceleration of Studies—

(1)

In general— Subject to paragraphs (2) and (3), a feasibility study initiated after the date of enactment of this Act shall—

(A)

be completed not later than 3 years after the date of initiation of the study; and

(B)

have a maximum Federal cost share of $3,000,000.

(2)

Ability to comply— On initiating a feasibility study under paragraph (1), the Secretary shall—

(A)

certify that the study will comply with the requirements of paragraph (1);

(B)

for projects the Secretary determines to be too complex to comply with the requirements of paragraph (1)—

(i)

not less than 30 days after making a determination, notify the non-Federal interest regarding the inability to comply; and

(ii)

provide a new projected timeline and cost; and

(C)

if the study conditions have changed such that scheduled timelines or study costs will not be met—

(i)

not later than 30 days after the study conditions change, notify the non-Federal interest of those changed conditions; and

(ii)

present the non-Federal interest with a new timeline for completion and new projected study costs.

(3)

Appropriations—

(A)

In general— All timeline and cost conditions under this section shall be subject to the Secretary receiving adequate appropriations for meeting study timeline and cost requirements.

(B)

Notification— Not later than 60 days after receiving appropriations, the Secretary shall notify the non-Federal interest of any changes to timelines or costs due to inadequate appropriations.

(c)

Report— Not later than 18 months after the date of enactment of this Act and each year thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

(1)

the status of the implementation of the “3–3–3” planning process, including the number of participating projects;

(2)

the amount of time taken to complete all studies participating in the “3–3–3” planning process; and

(3)

any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects.

Sec. 2033 Project acceleration

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

“2045. Project acceleration

“(a) Definitions—In this section:

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

“(2) Environmental review process

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

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

“(3) Federal jurisdictional agency—The term Federal jurisdictional agency means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over an approval or decision required for a water resource project under applicable Federal laws (including regulations).

“(4) 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 section 1506.3 of title 40, Code of Federal Regulations (or a successor regulation).

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

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

“(c) Applicability

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

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

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

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

“(3) List of water resources development projects

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

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

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

“(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 resource project, guidance documents that describe the coordinated review processes that the Secretary will use to implement this section for the planning of water resource projects, in accordance with the civil works program of the Corps of Engineers and all applicable law.

“(d) Water resource project review process

“(1) In general—The Secretary shall develop and implement a coordinated review process for the development of water resource projects.

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

“(3) Timing—The coordinated review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the water resource project.

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

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

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

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

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

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

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

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

“(g) Lead agencies

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

“(2) Joint lead agencies

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

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

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

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

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

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

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

“(bb) any regulation implementing that Act; and

“(cc) any other applicable Federal law; and

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

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

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

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

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

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

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

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

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

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

“(h) Participating and cooperating agencies

“(1) Invitation

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

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

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

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

“(A)

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

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

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

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

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

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

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

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

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

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

“(i) Programmatic compliance

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

“(A) eliminates repetitive discussions of the same issues;

“(B) focuses on the actual issues ripe for analyses at each level of review;

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

“(D) complies with—

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

“(ii) all other applicable laws.

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

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

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

“(C) ensure that the programmatic reviews—

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

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

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

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

“(iii) describe—

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

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

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

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

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

“(j) Coordinated reviews

“(1) Coordination plan

“(A) Establishment

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

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

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

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

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

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

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

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

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

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

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

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

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

“(k) Issue identification and resolution

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

“(2) Lead agency responsibilities

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

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

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

“(4) Interim decision on achieving accelerated decisionmaking

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

“(B) Deadlines

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

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

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

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

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

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

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

“(iii) Modifications—The Secretary may—

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

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

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

“(5) Accelerated issue resolution and elevation

“(A) Agency issue resolution meeting

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

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

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

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

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

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

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

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

“(vii) Exception

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

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

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

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

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

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

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

“(B) Elevation of issue resolution

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

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

“(C) Submission of issue resolution

“(i) Submission to Council on Environmental Quality

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

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

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

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

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

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

“(aa) the submission;

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

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

“(6) Financial penalty provisions

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

“(B) Failure to decide

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

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

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

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

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

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

“(C) Limitations

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

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

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

“(D) No fault of agency

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

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

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

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

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

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

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

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

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

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

“(m) Memorandum of Agreements for Early Coordination

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

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

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

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

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

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

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

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

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

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

“(C) any other Federal environmental law;

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

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

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

“(o) Categorical exclusions

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

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

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

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

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

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

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

“(p) Review of water resource project acceleration reforms

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

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

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

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

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

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

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

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

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

Sec. 2034 Feasibility studies

Section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:

“(g) Detailed project schedule

“(1) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods.

“(2) Detailed project schedule milestones—Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1).

“(3) Non-Federal interest notification—Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest—

“(A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on the date of enactment of this section, not later than 180 days after the establishment of milestones under paragraph (1); and

“(B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.

“(4) Congressional and public notification—Beginning in the first full fiscal year after the date of enactment of this Act, the Secretary shall—

“(A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

“(B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date on which a report is submitted to Congress.

“(5) Failure to Act—If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—

“(A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—

“(i) why the District Engineer failed to meet the deadline; and

“(ii) a revised project schedule reflecting amended deadlines for the feasibility study; and

“(B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).”

Sec. 2035 Accounting and administrative expenses

(a)

In general— On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project.

(b)

Study—

(1)

In general— The Secretary shall contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps Engineers current staff salaries and administrative expense procedures as compared to using a separate administrative expense account.

(2)

Contents— The study under paragraph (1) shall include any recommendations of the National Academy of Public Administration for improvements to the budgeting and administrative processes that will increase the efficiency of the Corps of Engineers project delivery.

Sec. 2036 Determination of project completion

(a)

In general— The Secretary shall notify the non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project.

(b)

Non-Federal interest appeal of determination—

(1)

In general— Not later than 7 days after receiving a notification under subparagraph (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.

(2)

Independent review—

(A)

In general— On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete.

(B)

Timeline— An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).

Sec. 2037 Project partnership agreements

(a)

In general— The Secretary shall contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include—

(1)

a review of the process for preparing, negotiating, and approving Project Partnership Agreements, as in effect on the day before the date of enactment of this Act;

(2)

an evaluation of how the concerns of a non-Federal interest relating to the Project Partnership Agreement and suggestions for modifications to the Project Partnership Agreement made by a non-Federal interest are accommodated;

(3)

recommendations for how the concerns and modifications described in paragraph (2) can be better accommodated;

(4)

recommendations for how the Project Partnership Agreement template can be made more efficient; and

(5)

recommendations for how to make the process for preparing, negotiating, and approving Project Partnership Agreements more efficient.

(b)

Report— The Secretary shall submit a report describing the findings of the National Academy of Public Administration to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Sec. 2038 Interagency and international support authority

Section 234 of the Water Resources Development Act of 1996 (33 U.S.C. 2323a) is amended—

(1)

in subsection (a), by striking “other Federal agencies,” and inserting “Federal departments or agencies, nongovernmental organizations,”;

(2)

in subsection (b), by inserting “or foreign governments” after “organizations”;

(3)

in subsection (c), by inserting “and restoration” after “protection”; and

(4)

in subsection (d)—

(A)

in the first sentence—

(i)

by striking “There is” and inserting “(1) In general.—There is”; and

(ii)

by striking “2008” and inserting “2014”; and

(B)

in the second sentence—

(i)

by striking “The Secretary” and inserting “(2) Acceptance of funds.—The Secretary”; and

(ii)

by striking “other Federal agencies” and inserting “Federal departments or agencies, nongovernmental organizations”.

Sec. 2039 Acceptance of contributed funds to increase lock operations

(a)

In general— The Secretary, after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects.

(b)

Applicability— The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary.

(c)

Public comment— Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall—

(1)

publish the proposed modification in the Federal Register; and

(2)

accept public comment on the proposed modification.

(d)

Reports—

(1)

In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations.

(2)

Review of pilot program— Not later than September 30, 2017 and each year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the effectiveness of the pilot program under this section.

(e)

Annual review— The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review.

(f)

Termination— The authority to accept funds under this section shall terminate 5 years after the date of enactment of this Act.

Sec. 2040 Emergency response to natural disasters

(a)

In general— Section 5(a)(1) of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first sentence—

(1)

by inserting “and subject to the condition that the Chief of Engineers may include modifications to the structure or project” after “work for flood control”; and

(2)

by striking “structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection” and inserting “structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by the non-Federal sponsor”.

(b)

Report—

(1)

In general— Not later than 1 year after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the amounts expended in the previous 5 fiscal years to carry out Corps of Engineers projects under section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved August 18, 1941 (33 U.S.C. 701n).

(2)

Inclusions— A report under paragraph (1) shall, at a minimum, include a description of—

(A)

each structure, feature, or project for which amounts are expended, including the type of structure, feature, or project and cost of the work; and

(B)

how the Secretary has repaired, restored, replaced, or modified each structure, feature, or project or intends to restore the structure, feature, or project to the design level of protection for the structure, feature, or project.

Sec. 2041 Systemwide improvement frameworks

A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes” (33 U.S.C. 701n) as long as the levee system sponsor continues to make satisfactory progress, as determined by the Secretary, on an approved systemwide improvement framework or letter of intent.

Sec. 2042 Funding to process permits

Section 214 of the Water Resources Development Act of 2000 (Public Law 106–541; 33 U.S.C. 2201 note) is amended by striking subsections (d) and (e) and inserting the following:

“(d) Public availability

“(1) In general—The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary.

“(2) Decision document—The Secretary shall—

“(A) use a standard decision document for evaluating all permits using funds accepted under this section; and

“(B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.

“(3) Agreements—The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.

“(e) Reporting

“(1) In general—The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section—

“(A) a comprehensive list of any funds accepted under this section during the previous fiscal year;

“(B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and

“(C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section.

“(2) Submission—Not later than 90 days after the end of each fiscal year, the Secretary shall—

“(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and

“(B) make each report received under subparagraph (A) available on a single publicly accessible Internet site.”

Sec. 2043 National riverbank stabilization and erosion prevention study and pilot program

(a)

Definition of inland and intracoastal waterway— In this section, the term inland and intracoastal waterway means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).

(b)

Pilot program— The Secretary—

(1)

is authorized to study issues relating to riverbank stabilization and erosion prevention along inland and intracoastal waterways; and

(2)

shall establish and carry out for a period of 5 fiscal years a national riverbank stabilization and erosion prevention pilot program to address riverbank erosion along inland and intracoastal waterways.

(c)

Study—

(1)

In general— The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall carry out a study of the options and technologies available to prevent the erosion and degradation of riverbanks along inland and intracoastal waterways.

(2)

Contents— The study shall—

(A)

evaluate the nature and extent of the damages resulting from riverbank erosion along inland and intracoastal waterways throughout the United States;

(B)

identify specific inland and intracoastal waterways and affected wetland areas with the most urgent need for restoration;

(C)

analyze any legal requirements with regard to maintenance of bank lines of inland and intracoastal waterways, including a comparison of Federal, State, and private obligations and practices;

(D)

assess and compare policies and management practices to protect surface areas adjacent to inland and intracoastal waterways applied by various Districts of the Corps of Engineers; and

(E)

make any recommendations the Secretary determines to be appropriate.

(d)

Riverbank stabilization and erosion prevention pilot program—

(1)

In general— The Secretary shall develop a pilot program for the construction of riverbank stabilization and erosion prevention projects on public land along inland and intracoastal waterways if the Secretary determines that the projects are technically feasible, environmentally acceptable, economically justified, and lower maintenance costs of those inland and intracoastal waterways.

(2)

Pilot program goals— A project under the pilot program shall, to the maximum extent practicable—

(A)

develop or demonstrate innovative technologies;

(B)

implement efficient designs to prevent erosion at a riverbank site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization;

(C)

prioritize natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the riverbank;

(D)

avoid negative impacts to adjacent communities;

(E)

identify the potential for long-term protection afforded by the innovative technology; and

(F)

provide additional benefits, including reduction of flood risk.

(3)

Project Selections— The Secretary shall develop criteria for the selection of projects under the pilot program, including criteria based on—

(A)

the extent of damage and land loss resulting from riverbank erosion;

(B)

the rate of erosion;

(C)

the significant threat of future flood risk to public or private property, public infrastructure, or public safety;

(D)

the destruction of natural resources or habitats; and

(E)

the potential cost-savings for maintenance of the channel.

(4)

Consultation— The Secretary shall carry out the pilot program in consultation with—

(A)

Federal, State, and local governments;

(B)

nongovernmental organizations; and

(C)

applicable university research facilities.

(5)

Report— Not later than 1 year after the first fiscal year for which amounts to carry out this section are appropriated, and every year thereafter, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing—

(A)

the activities carried out and accomplishments made under the pilot program since the previous report under this paragraph; and

(B)

any recommendations of the Secretary relating to the program.

(e)

Authorization of Appropriations— There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2019.

Sec. 2044 Hurricane and storm damage risk reduction prioritization

(a)

Purposes— The purposes of this section are—

(1)

to provide adequate levels of protection to communities impacted by natural disasters, including hurricanes, tropical storms, and other related extreme weather events; and

(2)

to expedite critical water resources projects in communities that have historically been and continue to remain susceptible to extreme weather events.

(b)

Priority— For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that—

(1)

address an imminent threat to life and property;

(2)

prevent storm surge from inundating populated areas;

(3)

prevent the loss of coastal wetlands that help reduce the impact of storm surge;

(4)

protect emergency hurricane evacuation routes or shelters;

(5)

prevent adverse impacts to publicly owned or funded infrastructure and assets;

(6)

minimize disaster relief costs to the Federal Government; and

(7)

address hurricane and storm damage risk reduction in an area for which the President 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).

(c)

Expedited consideration of currently authorized projects— Not later than 180 days after the date of enactment of this Act, the Secretary shall—

(1)

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 list of all—

(A)

ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost share agreements and have received Federal funds since 2009; and

(B)

authorized hurricane and storm damage reduction projects that—

(i)

have been authorized for more than 20 years but are less than 75 percent complete; or

(ii)

are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report;

(2)

identify those projects on the list required under paragraph (1) that meet the criteria described in subsection (b); and

(3)

provide a plan for expeditiously completing the projects identified under paragraph (2), subject to available funding.

(d)

Prioritization of new studies for hurricane and storm damage risk reduction— In selecting new studies for hurricane and storm damage reduction to propose to Congress under section 4002, the Secretary shall give priority to studies—

(1)

that—

(A)

have been recommended in a comprehensive hurricane protection study carried out by the Corps of Engineers; or

(B)

are included in a State plan or program for hurricane, storm damage reduction, flood control, coastal protection, conservation, or restoration, that is created in consultation with the Corps of Engineers or other relevant Federal agencies; and

(2)

for areas for which the President 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).

Sec. 2045 Prioritization of ecosystem restoration efforts

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

(1)

that—

(A)

address an identified threat to public health, safety, or welfare;

(B)

preserve or restore ecosystems of national significance; or

(C)

preserve or restore habitats of importance for federally protected species, including migratory birds; and

(2)

for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.

Sec. 2046 Special use permits

(a)

Special use permits—

(1)

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.

(2)

Fees—

(A)

In general— In carrying out this subsection, the Secretary may—

(i)

establish and collect fees associated with the issuance of the permits described in paragraph (1); or

(ii)

accept in-kind services in lieu of those fees.

(B)

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.

(C)

Use of fees— Any fees generated pursuant to this subsection shall be—

(i)

retained at the site collected; and

(ii)

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.

(b)

Cooperative management—

(1)

Program—

(A)

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—

(i)

the public recreation area is located—

(I)

at a lake or reservoir operated by the Corps of Engineers; and

(II)

adjacent to or near a State or local park or recreation area; and

(ii)

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.

(B)

Restriction— The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.

(2)

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.

(3)

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.

(c)

Funding transfer authority—

(1)

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.

(2)

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.

(d)

Services of volunteers— Chapter IV of title I of Public Law 98–63 (33 U.S.C. 569c) is amended—

(1)

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

(2)

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.”

(e)

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. 2047 Operations and maintenance on fuel taxed inland waterways

(a)

In general— Notwithstanding any other provision of law, the Secretary shall have responsibility for 65 percent of the costs of the operation, maintenance, repair, rehabilitation, and replacement of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—

(1)

was constructed as of the date of enactment of this Act as a feature of an authorized hurricane and storm damage reduction project; and

(2)

crosses an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).

(b)

Payment options— For rehabilitation or replacement of any structure under this section, the Secretary may apply to the full non-Federal contribution the payment option provisions under section 103(k) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)).

Sec. 2048 Corrosion prevention

(a)

Guidance and procedures— The Secretary shall develop guidance and procedures for the certification of qualified contractors for—

(1)

the application of protective coatings; and

(2)

the removal of hazardous protective coatings.

(b)

Requirements— Except as provided in subsection (c), the Secretary shall use certified contractors for—

(1)

the application of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;

(2)

the removal of hazardous coatings or other hazardous materials that are present in sufficient concentrations to create an occupational or environmental hazard; and

(3)

any other activities the Secretary determines to be appropriate.

(c)

Exception— The Secretary may approve exceptions to the use of certified contractors under subsection (b) only after public notice, with the opportunity for comment, of any such proposal.

Sec. 2049 Project deauthorizations

(a)

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

(1)

by striking paragraph (2) and inserting the following:

“(2) List of projects

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

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

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

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

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

(2)

by adding at the end the following:

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

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

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

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

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

“(4) Report

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

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

“(ii) the status of the project;

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

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

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

“(B) Publication

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

“(I) the appropriate committees of Congress; and

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

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

(b)

Infrastructure Deauthorization Commission—

(1)

Purposes— The purposes of this subsection are—

(A)

to establish a process for identifying authorized Corps of Engineers water resources projects that are no longer in the Federal interest and no longer feasible;

(B)

to create a commission—

(i)

to review suggested deauthorizations, including consideration of recommendations of the States and the Secretary for the deauthorization of water resources projects; and

(ii)

to make recommendations to Congress;

(C)

to ensure public participation and comment; and

(D)

to provide oversight on any recommendations made to Congress by the Commission.

(2)

Infrastructure deauthorization commission—

(A)

Establishment— There is established an independent commission to be known as the “Infrastructure Deauthorization Commission” (referred to in this paragraph as the “Commission”).

(B)

Duties— The Commission shall carry out the review and recommendation duties described in paragraph (5).

(C)

Membership—

(i)

In general— The Commission shall be composed of 8 members, who shall be appointed by the President, by and with the advice and consent of the Senate according to the expedited procedures described in clause (ii).

(ii)

Expedited nomination procedures—

(I)

Privileged nominations; information requested— On receipt by the Senate of a nomination under clause (i), the nomination shall—

(aa)

be placed on the Executive Calendar under the heading “Privileged Nominations—Information Requested”; and

(bb)

remain on the Executive Calendar under that heading until the Executive Clerk receives a written certification from the Chairman of the committee of jurisdiction under subclause (II).

(II)

Questionnaires— The Chairman of the Committee on Environment and Public Works of the Senate shall notify the Executive Clerk in writing when the appropriate biographical and financial questionnaires have been received from an individual nominated for a position under clause (i).

(III)

Privileged nominations; information received— On receipt of the certification under subclause (II), the nomination shall—

(aa)

be placed on the Executive Calendar under the heading “Privileged Nomination—Information Received” and remain on the Executive Calendar under that heading for 10 session days; and

(bb)

after the expiration of the period referred to in item (aa), be placed on the “Nominations” section of the Executive Calendar.

(IV)

Referral to committee of jurisdiction— During the period when a nomination under clause (i) is listed under the “Privileged Nomination—Information Requested” section of the Executive Calendar described in subclause (I)(aa) or the “Privileged Nomination—Information Received” section of the Executive Calendar described in subclause (III)(aa)—

(aa)

any Senator may request on his or her own behalf, or on the behalf of any identified Senator that the nomination be referred to the appropriate committee of jurisdiction; and

(bb)

if a Senator makes a request described in paragraph item (aa), the nomination shall be referred to the appropriate committee of jurisdiction.

(V)

Executive calendar— The Secretary of the Senate shall create the appropriate sections on the Executive Calendar to reflect and effectuate the requirements of this clause.

(VI)

Committee justification for new executive positions— The report accompanying each bill or joint resolution of a public character reported by any committee shall contain an evaluation and justification made by that committee for the establishment in the measure being reported of any new position appointed by the President within an existing or new Federal entity.

(iii)

Qualifications— Members of the Commission shall be knowledgeable about Corps of Engineers water resources projects.

(iv)

Geographical diversity— To the maximum extent practicable, the members of the Commission shall be geographically diverse.

(D)

Compensation of members—

(i)

In general— Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.

(ii)

Federal employees— All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(iii)

Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission.

(3)

State water resources infrastructure plan— Not later than 2 years after the date of enactment of this Act, each State, in consultation with local interests, may develop and submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a detailed statewide water resources plan that includes a list of each water resources project that the State recommends for deauthorization.

(4)

Corps of Engineers infrastructure plan— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Commission, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a detailed plan that—

(A)

contains a detailed list of each water resources project that the Corps of Engineers recommends for deauthorization; and

(B)

is based on assessment by the Secretary of the needs of the United States for water resources infrastructure, taking into account public safety, the economy, and the environment.

(5)

Review and Recommendation Commission—

(A)

In general— On the appointment and confirmation of all members of the Commission, the Commission shall solicit public comment on water resources infrastructure issues and priorities and recommendations for deauthorization, including by—

(i)

holding public hearings throughout the United States; and

(ii)

receiving written comments.

(B)

Recommendations—

(i)

In general— Not later than 4 years after the date of enactment of this Act, the Commission shall submit to Congress a list of water resources projects of the Corps of Engineers for deauthorization.

(ii)

Considerations— In carrying out this paragraph, the Commission shall establish criteria for evaluating projects for deauthorization, which shall include consideration of—

(I)

the infrastructure plans submitted by the States and the Secretary under paragraphs (3) and (4);

(II)

any public comment received during the period described in subparagraph (A);

(III)

public safety and security;

(IV)

the environment; and

(V)

the economy.

(C)

Non-eligible projects— The following types of projects shall not be eligible for review for deauthorization by the Commission:

(i)

Any project authorized after the date of enactment of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3658), including any project that has been reauthorized after that date.

(ii)

Any project that, as of the date of enactment of this Act, is undergoing a review by the Corps of Engineers.

(iii)

Any project that has received appropriations in the 10-year period ending on the date of enactment of this Act.

(iv)

Any project that, on the date of enactment of this Act, is more than 50 percent complete.

(v)

Any project that has a viable non-Federal sponsor.

(D)

Congressional disapproval— Any water resources project recommended for deauthorization on the list submitted to Congress under subparagraph (B) shall be deemed to be deauthorized unless Congress passes a joint resolution disapproving of the entire list of deauthorized water resources projects prior to the date that is 180 days after the date on which the Commission submits the list to Congress.

(6)

Application— For purposes of this subsection, water resources projects shall include environmental infrastructure assistance projects and programs of the Corps of Engineers.

Sec. 2050 Reports to Congress

(a)

In general— Subject to the availability of appropriations, the Secretary shall complete and submit to Congress by the applicable date required the reports that address public safety and enhanced local participation in project delivery described in subsection (b).

(b)

Reports— The reports referred to in subsection (a) are the reports required under—

(1)

section 2020;

(2)

section 2022;

(3)

section 2025;

(4)

section 2026;

(5)

section 2039;

(6)

section 2040;

(7)

section 6007; and

(8)

section 10015.

(c)

Failure To provide a completed report—

(1)

In general— Subject to subsection (d), if the Secretary fails to provide a report listed under subsection (b) by the date that is 180 days after the applicable date required for that report, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Army Corps of Engineers with responsibility for completing that report.

(2)

Subsequent reprogramming— Subject to subsection (d), for each additional week after the date described in paragraph (1) in which a report described in that paragraph remains uncompleted and unsubmitted to Congress, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Secretary of the Army with responsibility for completing that report.

(d)

Limitations—

(1)

In general— For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000.

(2)

Aggregate limitation— The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000.

(e)

No fault of the secretary— Amounts shall not be reprogrammed under subsection (c) if the Secretary certifies in a letter to the applicable committees of Congress that—

(1)

a major modification has been made to the content of the report that requires additional analysis for the Secretary to make a final decision on the report;

(2)

amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or

(3)

additional information is required from an entity other than the Corps of Engineers and is not available in a timely manner to complete the report by the deadline.

(f)

Limitation— The Secretary shall not reprogram funds to reimburse the Office of the Assistant Secretary of the Army for Civil Works for the loss of the funds.

(g)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000.

Sec. 2051 Indian Self-Determination and Education Assistance Act conforming amendment

Section 106(k) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450j–1(k)) is amended by adding at the end the following:

“(13) Interest payments, the retirement of principal, the costs of issuance, and the costs of insurance or a similar credit support for a debt financing instrument, the proceeds of which are used to support a contracted construction project.”

Sec. 2052 Invasive species review

The Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Chairman of the Tennessee Valley Authority, and other applicable heads of Federal agencies, shall—

(1)

carry out a review of existing Federal authorities relating to responding to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species, that have an impact on water resources; and

(2)

based on the review under paragraph (1), make any recommendations to Congress and applicable State agencies for improving Federal and State laws to more effectively respond to the threats posed by those invasive species.

Sec. 2053 Wetlands conservation study

(a)

In general— The Comptroller General of the United States shall carry out a study to identify all Federal programs relating to wetlands conservation.

(b)

Report— The Comptroller General of the United States shall submit to Congress a report based on the study under subsection (a) describing options for maximizing wetlands conservation benefits while reducing redundancy, increasing efficiencies, and reducing costs.

Sec. 2054 Dam modification study

(a)

In general— The Comptroller General of the United States shall, in consultation with the Corps of Engineers, the Southeastern Power Administration, Federal hydropower customers, downstream communities, and other stakeholders, carry out a study to evaluate the structural modifications made at Federal dams in the Cumberland River Basin beginning on January 1, 2000.

(b)

Contents— The study under subsection (a) shall examine—

(1)

whether structural modifications at each dam have utilized new state-of-the-art design criteria deemed necessary for safety purposes that have not been used in other circumstances;

(2)

whether structural modifications at each dam for downstream safety were executed in accordance with construction criteria that had changed from the original construction criteria;

(3)

whether structural modifications at each dam assured safety;

(4)

any estimates by the Corps of Engineers of consequences of total dam failure if state-of-the-art construction criteria deemed necessary for safety purposes were not employed; and

(5)

whether changes in underlying geology at any of the Federal dams in the Cumberland River Basin required structural modifications to assure dam safety.

(c)

Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report based on the study under subsection (a) with findings on whether, with respect to structural modifications at Federal dams in the Cumberland River Basin, the Corps of Engineers has selected and implemented design criteria that rely on state-of-the-art design and construction criteria that will provide for the safety of downstream communities.

Sec. 2055 Non-Federal plans to provide additional flood risk reduction

(a)

In general— If requested by a non-Federal interest, the Secretary shall construct a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this Act if the Secretary determines that—

(1)

the plan is technically feasible and environmentally acceptable; and

(2)

the benefits of the plan exceed the costs of the plan.

(b)

Non-Federal cost share— If the Secretary constructs a locally preferred plan under subsection (a), the Federal share of the cost of the project shall be not greater than the share as provided by law for elements of the national economic development plan.

Sec. 2056 Mississippi River forecasting improvements

(a)

In general— The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by—

(1)

updating forecasting technology deployed on the Mississippi River and its tributaries through—

(A)

the construction of additional automated river gages;

(B)

the rehabilitation of existing automated and manual river gages; and

(C)

the replacement of manual river gages with automated gages, as the Secretary determines to be necessary;

(2)

constructing additional sedimentation ranges on the Mississippi River and its tributaries; and

(3)

deploying additional automatic identification system base stations at river gage sites.

(b)

Prioritization— In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River.

(c)

Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the activities carried out by the Secretary under this section.

Sec. 2057 Flexibility in maintaining navigation

(a)

In general— If the Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, determines it to be critical to maintaining safe and reliable navigation within the authorized Federal navigation channel on the Mississippi River, the Secretary may carry out only those activities outside the authorized Federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas, that are necessary for safe and reliable navigation in the Federal channel.

(b)

Report— Not later than 60 days after initiating an activity under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1)

a description of the activities undertaken, including the costs associated with the activities; and

(2)

a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation of the Federal channel.

Sec. 2058 Restricted areas at Corps of Engineers dams

(a)

Definitions— In this section:

(1)

Restricted area— The term restricted area means a restricted area for hazardous waters at dams and other civil works structures in the Cumberland River basin established pursuant to chapter 10 of the regulation entitled “Project Operations: Navigation and Dredging Operations and Maintenance Policies”, published by the Corps of Engineers on November 29, 1996, and any related regulations or guidance.

(2)

State— The term State means the applicable agency of the State (including an official of that agency) in which the applicable dam is located that is responsible for enforcing boater safety.

(b)

Restriction on physical barriers— Subject to subsection (c), the Secretary, acting through the Chief of Engineers, in the establishing and enforcing restricted areas, shall not take any action to establish a permanent physical barrier to prevent public access to waters downstream of a dam owned by the Corps of Engineers.

(c)

Exclusions— For purposes of this section, the installation and maintenance of measures for alerting the public of hazardous water conditions and restricted areas, including sirens, strobe lights, and signage, shall not be considered to be a permanent physical barrier under subsection (b).

(d)

Enforcement—

(1)

In general— Enforcement of a restricted area shall be the sole responsibility of a State.

(2)

Existing authorities— The Secretary shall not assess any penalty for entrance into a restricted area under section 4 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved December 22, 1944 (16 U.S.C. 460d).

(e)

Development or modification of restricted areas— In establishing a new restricted area or modifying an existing restricted area, the Secretary shall—

(1)

ensure that any restrictions are based on operational conditions that create hazardous waters; and

(2)

publish a draft describing the restricted area and seek and consider public comment on that draft prior to establishing or modifying any restricted area.

(f)

Effective date—

(1)

In general— Subject to paragraph (2), this section shall apply to the establishment of a new restricted area or the modification of an existing restricted area on or after August 1, 2012.

(2)

Existing restrictions— If the Secretary, acting through the Chief of Engineers, has established a new restricted area or modified an existing restricted area during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall—

(A)

cease implementing the restricted area until the later of—

(i)

such time as the restricted area meets the requirements of this section; and

(ii)

the date that is 2 years after the date of enactment of this Act; and

(B)

remove any permanent physical barriers constructed in connection with the restricted area.

Sec. 2059 Maximum cost of projects

Section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) is amended—

(1)

by striking “In order to” and inserting the following:

“(a) In general—In order to”

(2)

by adding at the end the following:

“(b) Contributed funds—Nothing in this section affects the authority of the Secretary to complete construction of a water resources development project using funds contributed under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h).”

Sec. 2060 Donald G. Waldon Lock and Dam

(a)

Findings— Congress finds that—

(1)

the Tennessee-Tombigbee Waterway Development Authority is a 4-State compact comprised of the States of Alabama, Kentucky, Mississippi, and Tennessee;

(2)

the Tennessee-Tombigbee Authority is the regional non-Federal sponsor of the Tennessee-Tombigbee Waterway;

(3)

the Tennessee-Tombigbee Waterway, completed in 1984, has fueled growth in the United States economy by reducing transportation costs and encouraging economic development; and

(4)

the selfless determination and tireless work of Donald G. Waldon, while serving as administrator of the waterway compact for 21 years, contributed greatly to the realization and success of the Tennessee-Tombigbee Waterway.

(b)

Sense of Congress— It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, the lock and dam located at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and designated as the “Donald G. Waldon Lock and Dam”.

Sec. 2061 Improving planning and administration of water supply storage

(a)

In general— The Secretary shall carry out activities to enable non-Federal interests to anticipate and accurately budget for annual operations and maintenance costs and, as applicable, repair, rehabilitation, and replacements costs, including through—

(1)

the formulation by the Secretary of a uniform billing statement format for those storage agreements relating to operations and maintenance costs, and as applicable, repair, rehabilitation, and replacement costs, incurred by the Secretary, which, at a minimum, shall include—

(A)

a detailed description of the activities carried out relating to the water supply aspects of the project;

(B)

a clear explanation of why and how those activities relate to the water supply aspects of the project; and

(C)

a detailed accounting of the cost of carrying out those activities; and

(2)

a review by the Secretary of the regulations and guidance of the Corps of Engineers relating to criteria and methods for the equitable distribution of joint project costs across project purposes in order to ensure consistency in the calculation of the appropriate share of joint project costs allocable to the water supply purpose.

(b)

Report to Congress—

(1)

In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the reviews carried out under subsection (a)(2) and any subsequent actions taken by the Secretary relating to those reviews.

(2)

Inclusions— The report under paragraph (1) shall include an analysis of the feasibility and costs associated with the provision by the Secretary to each non-Federal interest of not less than 1 statement each year that details for each water storage agreement with non-Federal interests at Corps of Engineers projects the estimated amount of the operations and maintenance costs and, as applicable, the estimated amount of the repair, rehabilitation, and replacement costs, for which the non-Federal interest will be responsible in that fiscal year.

(3)

Extension— The Secretary may delay the submission of the report under paragraph (1) for a period not to exceed 180 days after the deadline described in paragraph (1), subject to the condition that the Secretary submits a preliminary progress report to Congress not later than 1 year after the date of enactment of this Act.

Sec. 2062 Crediting authority for Federally authorized navigation projects

A non-Federal interest for a navigation project may carry out operation and maintenance activities for that project subject to all applicable requirements that would apply to the Secretary carrying out such operations and maintenance, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards that non-Federal interest's share of construction costs for a federally authorized element of the same project or another federally authorized navigation project, except that in no instance may such credit exceed 20 percent of the costs associated with construction of the general navigation features of the project for which such credit may be received pursuant to this section.

Sec. 2063 River basin commissions

Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by striking subsection (b) and inserting the following:

“(b) Authorization To allocate

“(1) In general—Subject to paragraph (2), the Secretary shall allocate funds from the General Expenses account of the civil works program of the Army Corps of Engineers to the Susquehanna River Basin Commission, Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts on an annual basis and in amounts equal to the amount determined by Commission in accordance with the respective interstate compact.

“(2) Limitation—Not more than 1.5 percent of funds from the General Expenses account of the civil works program of the Army Corps of Engineers may be allocated in carrying out paragraph (1) for any fiscal year.

“(3) Report—For any fiscal year in which funds are not allocated in accordance with paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—

“(A) the reasons why the Corps of Engineers chose not to allocate funds in accordance with that paragraph; and

“(B) the impact of the decision not to allocate funds on water supply allocation, water quality protection, regulatory review and permitting, water conservation, watershed planning, drought management, flood loss reduction, and recreation in each area of jurisdiction of the respective Commission.”

Sec. 2064 Restriction on charges for certain surplus water

(a)

In general— No fee for surplus water shall be charged under a contract for surplus water if the contract is for surplus water stored on the Missouri River.

(b)

Offset— Of the amounts previously made available for “Corps of Engineers–Civil, Department of the Army, Operations and Maintenance” that remain unobligated as of the effective date of this Act, $5,000,000 is hereby rescinded.

(c)

None of the funds under subsection (b) may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

Title II — Water resources policy reforms

II Water resources policy reforms