Sec. 5001 Purpose
The purpose of this title is to authorize regional, multistate authorities to address water resource needs and other non-project provisions.
Title V — Regional and nonproject provisions
V Regional and nonproject provisions
Sec. 5002 Northeast Coastal Region ecosystem restoration
In general— The Secretary shall plan, design, and construct projects for aquatic ecosystem restoration within the coastal waters of the Northeastern United States from the State of Virginia to the State of Maine, including associated bays, estuaries, and critical riverine areas.
General coastal management plan—
Assessment— The Secretary, in coordination with the Administrator of the Environmental Protection Agency, the heads of other appropriate Federal agencies, the Governors of the coastal States from Virginia to Maine, nonprofit organizations, and other interested parties, shall assess the needs regarding, and opportunities for, aquatic ecosystem restoration within the coastal waters of the Northeastern United States.
Plan— The Secretary shall develop a general coastal management plan based on the assessment carried out under paragraph (1), maximizing the use of existing plans and investigation, which plan shall include—
an inventory and evaluation of coastal habitats;
identification of aquatic resources in need of improvement;
identification and prioritization of potential aquatic habitat restoration projects; and
identification of geographical and ecological areas of concern, including—
finfish habitats;
diadromous fisheries migratory corridors;
shellfish habitats;
submerged aquatic vegetation;
wetland; and
beach dune complexes and other similar habitats.
Eligible projects— The Secretary may carry out an aquatic ecosystem restoration project under this section if the project—
is consistent with the management plan developed under subsection (b); and
provides for—
the restoration of degraded aquatic habitat (including coastal, saltmarsh, benthic, and riverine habitat);
the restoration of geographical or ecological areas of concern, including the restoration of natural river and stream characteristics;
the improvement of water quality; or
other projects or activities determined to be appropriate by the Secretary.
Cost sharing—
Management plan— The management plan developed under subsection (b) shall be completed at Federal expense.
Restoration projects— The non-Federal share of the cost of a project carried out under this section shall be 35 percent.
Cost limitation— Not more than $10,000,000 in Federal funds may be allocated under this section for an eligible project.
Authorization of appropriations— There is authorized to be appropriated to carry out this section (including funds for the completion of the management plan) $25,000,000 for each of fiscal years 2014 through 2023.
Sec. 5003 Chesapeake Bay Environmental Restoration and Protection Program
Section 510 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3759; 121 Stat. 1202) is amended—
in subsection (a)—
in paragraph (1)—
by striking “pilot program” and inserting “program”; and
by inserting “in the basin States described in subsection (f) and the District of Columbia” after “interests”; and
by striking paragraph (2) and inserting the following:
“(2) Form—The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chesapeake Bay estuary, based on the comprehensive plan under subsection (b), including projects for—
“(A) sediment and erosion control;
“(B) protection of eroding shorelines;
“(C) ecosystem restoration, including restoration of submerged aquatic vegetation;
“(D) protection of essential public works;
“(E) beneficial uses of dredged material; and
“(F) other related projects that may enhance the living resources of the estuary.”
by striking subsection (b) and inserting the following:
“(b) Comprehensive plan
“(1) In general—Not later than 2 years after the date of enactment of the Water Resources Development Act of 2013, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chesapeake Bay restoration plan to guide the implementation of projects under subsection (a)(2).
“(2) Coordination—The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.
“(3) Prioritization—The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems.
“(4) Administration—The Federal share of the costs of carrying out paragraph (1) shall be 75 percent.”
in subsection (c)—
in paragraph (1), by striking “to provide” and all that follows through the period at the end and inserting “for the design and construction of a project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b).”;
in paragraph (2)(A), by striking “facilities or resource protection and development plan” and inserting “resource protection and restoration plan”; and
by adding at the end the following:
“(3) Projects on Federal land—A project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b) that is located on Federal land shall be carried out at the expense of the Federal agency that owns the land on which the project will be a carried out.
“(4) Non-Federal contributions—A Federal agency carrying out a project described in paragraph (3) may accept contributions of funds from non-Federal entities to carry out that project.”
by striking subsection (e) and inserting the following:
“(e) Cooperation—In carrying out this section, the Secretary shall cooperate with—
“(1) the heads of appropriate Federal agencies, including—
“(A) the Administrator of the Environmental Protection Agency;
“(B) the Secretary of Commerce, acting through the Administrator of the National Oceanographic and Atmospheric Administration;
“(C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
“(D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and
“(2) agencies of a State or political subdivision of a State, including the Chesapeake Bay Commission.”
by striking subsection (f) and inserting the following:
“(f) Projects—The Secretary shall establish, to the maximum extent practicable, at least 1 project under this section in—
“(1) regions within the Chesapeake Bay watershed of each of the basin States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and
“(2) the District of Columbia.”
by striking subsection (h); and
by redesignating subsection (i) as subsection (h).
Sec. 5004 Rio Grande environmental management program, Colorado, New Mexico, Texas
Section 5056 of the Water Resources Development Act of 2007 (121 Stat. 1213) is amended—
in subsection (b)(2)—
in the matter preceding subparagraph (A), by striking “2008” and inserting “2014”; and
in subparagraph (C), by inserting “and an assessment of needs for other related purposes in the Rio Grande Basin, including flood damage reduction” after “assessment”;
in subsection (c)(2)—
by striking “an interagency agreement with” and inserting “1 or more interagency agreements with the Secretary of State and”; and
by inserting “or the U.S. Section of the International Boundary and Water Commission” after “the Department of the Interior”; and
in subsection (f), by striking “2011” and inserting “2024”.
Sec. 5005 Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington
Section 536(g) of the Water Resources Development Act of 2000 (114 Stat. 2661) is amended by striking “$30,000,000” and inserting “$75,000,000”.
Sec. 5006 Arkansas River, Arkansas and Oklahoma
Project Goal— The goal for operation of the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, shall be to maximize the use of the system in a balanced approach that incorporates advice from representatives from all project purposes to ensure that the full value of the system is realized by the United States.
McClellan-Kerr Arkansas River navigation system advisory committee—
In general— In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, project authorized by the Act of July 24, 1946 (60 Stat. 635, chapter 595).
Duties— The advisory committee shall—
serve in an advisory capacity only; and
provide information and recommendations to the Corps of Engineers relating to the efficiency, reliability, and availability of the operations of the McClellan-Kerr Arkansas River navigation system.
Selection and composition— The advisory committee shall be—
selected jointly by the Little Rock district engineer and the Tulsa district engineer; and
composed of members that equally represent the McClellan-Kerr Arkansas River navigation system project purposes.
Agency resources— The Little Rock district and the Tulsa district of the Corps of Engineers, under the supervision of the southwestern division, shall jointly provide the advisory committee with adequate staff assistance, facilities, and resources.
Termination—
In general— Subject to subparagraph (B), the advisory committee shall terminate on the date on which the Secretary submits a report to Congress demonstrating increases in the efficiency, reliability, and availability of the McClellan-Kerr Arkansas River navigation system.
Restriction— The advisory committee shall terminate not less than 2 calendar years after the date on which the advisory committee is established.
Sec. 5007 Aquatic invasive species prevention and management; Columbia River Basin
In general— The Secretary may establish a program to prevent and manage aquatic invasive species in the Columbia River Basin in the States of Idaho, Montana, Oregon, and Washington.
Watercraft inspection stations—
In general— In carrying out this section, the Secretary shall establish watercraft inspection stations in the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary, with the highest likelihood of preventing the spread of aquatic invasive species into reservoirs operated and maintained by the Secretary.
Inclusions— Locations identified under paragraph (1) may include—
State border crossings;
international border crossings; and
highway entry points that are used by owners of watercraft to access boat launch facilities owned or managed by the Secretary.
Cost-share— The non-Federal share of the cost of operating and maintaining watercraft inspection stations described in paragraph (1) (including personnel costs) shall be 50 percent.
Other inspection sites— The Secretary may establish watercraft inspection stations using amounts made available to carry out this section in States other than those described in paragraph (1) at or near boat launch facilities that the Secretary determines are regularly used by watercraft to enter the States described in paragraph (1).
Monitoring and contingency planning— The Secretary shall—
carry out risk assessments of each major public and private water resources facility in the Columbia River Basin;
establish an aquatic invasive species monitoring program in the Columbia River Basin;
establish a Columbia River Basin watershed-wide plan for expedited response to an infestation of aquatic invasive species; and
monitor water quality, including sediment cores and fish tissue samples, at facilities owned or managed by the Secretary in the Columbia River Basin.
Coordination— In carrying out this section, the Secretary shall consult and coordinate with—
the States described in subsection (a);
Indian tribes; and
other Federal agencies, including—
the Department of Agriculture;
the Department of Energy;
the Department of Homeland Security;
the Department of Commerce; and
the Department of the Interior.
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $30,000,000, of which $5,000,000 may be used to carry out subsection (c).
Sec. 5008 Upper Missouri Basin flood and drought monitoring
In general— The Secretary, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological Survey, and the Commissioner of the Bureau of Reclamation, shall establish a program to provide for—
soil moisture and snowpack monitoring in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management in the Upper Missouri River Basin, as outlined in the February 2013 report entitled “Upper Missouri Basin Monitoring Committee—Snow Sampling and Instrumentation Recommendations”;
restoring and maintaining existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service; and
operating streamflow gages and related interpretive studies in the Upper Missouri River Basin under the cooperative water program and the national streamflow information program of the United States Geological Service.
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $11,250,000.
Use of Funds— Amounts made available to the Secretary under this section shall be used to complement other related activities of Federal agencies that are carried out within the Missouri River Basin.
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with 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—
identifies progress made by the Secretary and other Federal agencies to implement the recommendations contained in the report described in subsection (a)(1) with respect to enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin; and
includes recommendations to enhance soil moisture and snowpack monitoring in the Upper Missouri Basin.
Sec. 5009 Upper Missouri Basin shoreline erosion prevention
In general—
Authorization of assistance— The Secretary may provide planning, design, and construction assistance to not more than 3 federally-recognized Indian tribes in the Upper Missouri River Basin to undertake measures to address shoreline erosion that is jeopardizing existing infrastructure resulting from operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665)).
Limitation— The projects described in paragraph (1) shall be economically justified, technically feasible, and environmentally acceptable.
Federal and non-Federal cost share—
In general— Subject to paragraph (2), the Federal share of the costs of carrying out this section shall be not less than 75 percent.
Ability to pay— The Secretary may adjust the Federal and non-Federal shares of the costs of carrying out this section in accordance with the terms and conditions of section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)).
Conditions— The Secretary may provide the assistance described in subsection (a) only after—
consultation with the Department of the Interior; and
execution by the Indian tribe of a memorandum of agreement with the Secretary that specifies that the tribe shall—
be responsible for—
all operation and maintenance activities required to ensure the integrity of the measures taken; and
providing any required real estate interests in and to the property on which such measures are to be taken; and
hold and save the United States free from damages arising from planning, design, or construction assistance provided under this section, except for damages due to the fault or negligence of the United States or its contractors.
Authorization of appropriations— For each Indian tribe eligible under this section, there is authorized to be appropriated to carry out this section not more than $30,000,000.
Sec. 5010 Northern Rockies headwaters extreme weather mitigation
In general— Subject to subsection (b), the Secretary shall establish a program to mitigate the impacts of extreme weather events, such as floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in the States of Idaho and Montana by carrying out river, stream, and floodplain protection and restoration projects, including—
floodplain restoration and reconnection;
floodplain and riparian area protection through the use of conservation easements;
instream flow restoration projects;
fish passage improvements;
channel migration zone mapping; and
invasive weed management.
Restriction— All projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes.
Non-federal cost share— The non-Federal share of the costs of carrying out a project under this section shall not exceed 35 percent of the total cost of the project.
Coordination— In carrying out this section, the Secretary—
shall consult and coordinate with the appropriate State natural resource agency in each State; and
may—
delegate any authority or responsibility of the Secretary under this section to those State natural resource agencies; and
provide amounts made available to the Secretary to carry out this section to those State natural resource agencies.
Limitations— Nothing in this section invalidates, preempts, or creates any exception to State water law, State water rights, or Federal or State permitted activities or agreements in the States of Idaho and Montana or any State containing tributaries to rivers in those States.
Effect of section—
In general— Nothing in this section replaces or provides a substitute for the authority to carry out projects under section 3110 of the Water Resources Development Act of 2007 (121 Stat. 1135).
Funding— The amounts made available to carry out this section shall be used to carry out projects that are not otherwise carried out under section 3110 of the Water Resources Development Act of 2007 (121 Stat. 1135).
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.
Sec. 5011 Aquatic nuisance species prevention, Great Lakes and Mississippi River Basin
In general— The Secretary is authorized to implement measures recommended in the efficacy study authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121) or in interim reports, with any modifications or any emergency measures that the Secretary determines to be appropriate to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin.
Reports— The Secretary shall report to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any emergency actions taken pursuant to this section.
Sec. 5012 Middle Mississippi River pilot program
In general— In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the “River and Harbor Act of 1910”), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the “River and Harbor Act of 1927”), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry out a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River.
Authorized activities— As part of the pilot program carried out under subsection (a), the Secretary may carry out any activity along the Middle Mississippi River that is necessary to improve navigation through the project while restoring and protecting fish and wildlife habitat in the middle Mississippi River if the Secretary determines that the activity is feasible.
Cost-Sharing requirement—
In general— The maximum Federal share of the cost of carrying out a project under this section shall be 65 percent.
Amount expended per project— The Federal share described in paragraph (1) shall not exceed $10,000,000 for each project.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023.
Sec. 5013 Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming
Section 595 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 383) is amended—
by striking subsection (c) and inserting the following:
“(c) Form of assistance—Assistance under this section may be in the form of—
“(1) design and construction assistance for water-related environmental infrastructure and resource protection and development in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming, including projects for—
“(A) wastewater treatment and related facilities;
“(B) water supply and related facilities;
“(C) environmental restoration; and
“(D) surface water resource protection and development; and
“(2) technical assistance to small and rural communities for water planning and issues relating to access to water resources.”
by striking subsection (h) and inserting the following:
“(h) Authorization of appropriations—There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2001 $450,000,000, which shall—
“(1) be made available to the States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities; and
“(2) remain available until expended.”.”
Sec. 5014 Chesapeake Bay oyster restoration in Virginia and Maryland
Section 704(b) of Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended—
in paragraph (1), by striking “$50,000,000” and inserting “$70,000,000”; and
by striking subparagraph (B) of paragraph (4) and inserting the following:
“(B) Form—The non-Federal share may be provided through in-kind services, including—
“(i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and
“(ii) in the case of a project carried out under paragraph (2)(D) after the date of enactment of this clause, land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that—
“(I) enhance the viability of oyster restoration efforts; and
“(II) are integral to the project.”
Sec. 5015 Missouri River between Fort Peck Dam, Montana and Gavins Point Dam, South Dakota and Nebraska
Section 9(f) of the Act of December 22, 1944 (commonly known as the “Flood Control Act of 1944”) (58 Stat. 891, chapter 665; 102 Stat. 4031) is amended by striking “$3,000,000” and inserting “$5,000,000”.
Sec. 5016 Operations and maintenance of inland Mississippi River ports
Definitions— In this section:
Shallow draft— The term shallow draft means a project that has a depth less than 14 feet.
Inland mississippi river— The term inland Mississippi River means the portion of the Mississippi River that begins at the confluence of the Minnesota River and ends at the confluence of the Red River.
In general— The Secretary, acting through the Chief of Engineers, shall carry out dredging activities on shallow draft ports located on the Inland Mississippi River to the respective authorized widths and depths of those inland ports, as authorized on the date of enactment of this Act.
Authorization of appropriations— For each fiscal year, there is authorized to be appropriated to the Secretary to carry out this section $25,000,000.
Sec. 5017 Remote and subsistence harbors
Section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) is amended—
in subsection (a)—
in paragraph (1)(B), by inserting “or Alaska” after “Hawaii”; and
in paragraph (2)—
by striking “community” and inserting “region”; and
by inserting “, as determined by the Secretary based on information provided by the non-Federal interest” after “improvement”; and
by adding at the end the following:
“(c) Prioritization—Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits.
“(d) Construction
“(1) In general—The Secretary may plan, design, or construct projects for navigation in the noncontiguous States and territories of the United States if the Secretary finds that the project is—
“(A) technically feasible;
“(B) environmentally sound; and
“(C) economically justified.
“(2) Special rule—In evaluating and implementing a project under this section, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with the criteria established for flood control projects in section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184) if the detailed project report evaluation indicates that applying that section is necessary to implement the project.
“(3) Cost—The Federal share of the cost of carrying out a project under this section shall not exceed $10,000,000.
“(4) Authorization of appropriations—There is authorized to be appropriated to carry out projects initiated by the Secretary under this subsection $100,000,000 for fiscal years 2014 through 2023.”
Sec. 5018 Multiagency effort to slow the spread of Asian carp in the Upper Mississippi River and Ohio River basins and tributaries
Multiagency effort To slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries—
In general— The Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp.
Best practices— To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled “Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States”, and dated November 2007, and the document prepared by the Asian Carp Regional Coordinating Committee entitled “FY 2012 Asian Carp Control Strategy Framework” and dated February 2012.
Report to Congress—
In general— Not later than December 31 of each year, the Director of the United States Fish and Wildlife Service, in coordination with the Chief of Engineers, shall submit to the Committee on Appropriations and the Committee on Natural Resources of the House of Representatives and the Committee on Appropriations and the Committee on Environmental and Public Works of the Senate a report describing the coordinated strategies established and progress made toward goals to control and eliminate Asian carp in the Upper Mississippi and Ohio River basins and tributaries.
Contents— Each report submitted under paragraph (1) shall include—
any observed changes in the range of Asian carp in the Upper Mississippi and Ohio River basins and tributaries during the 2-year period preceding submission of the report;
a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries;
any research that the Director determines could improve the ability to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries;
any quantitative measures that Director intends to use to document progress in controlling the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries; and
a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp in the Upper Mississippi and Ohio River basins and tributaries.
Sec. 5019 Release of use restrictions
Notwithstanding any other provision of law, the Tennessee Valley Authority shall, without monetary consideration, grant releases from real estate restrictions established pursuant to section 4(k)(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land identified in section 4(k)(b) of that Act; provided that such releases shall be granted in a manner consistent with applicable TVA policies.
Sec. 5020 Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma
Section 1117 of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4236) is amended to read as follows:
“1117. W.D. Mayo Lock and Dam, Oklahoma
“(a) In general—Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma has authorization—
“(1) to design and construct 1 or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in the State of Oklahoma, subject to the requirements of subsection (b) and in accordance with the conditions specified in this section; and
“(2) to market the electricity generated from any such hydroelectric generating facility.
“(b) Preconstruction requirements
“(1) In general—The Cherokee Nation shall obtain any permit required by Federal or State law before the date on which construction begins on any hydroelectric generating facility under subsection (a).
“(2) Review by Secretary—The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction.
“(c) Payment of design and construction costs
“(1) In general—The Cherokee Nation shall—
“(A) bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and
“(B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities relating to the design and construction of the hydroelectric generating facility.
“(2) Use by Secretary—The Secretary may—
“(A) accept funds offered by the Cherokee Nation under paragraph (1); and
“(B) use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a).
“(d) Assumption of liability—The Cherokee Nation—
“(1) shall hold all title to any hydroelectric generating facility constructed under this section;
“(2) may, subject to the approval of the Secretary, assign that title to a third party;
“(3) shall be solely responsible for—
“(A) the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and
“(B) the marketing of the electricity generated by any such facility; and
“(4) shall release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section.
“(e) Assistance available—Notwithstanding any other provision of law, the Secretary may provide any technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of any hydroelectric generating facility under subsection (a).
“(f) Third party agreements—The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines to be necessary to carry out this section.”
Sec. 5021 Upper Mississippi River protection
Definition of Upper St. Anthony Falls Lock and Dam— In this section, the term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota.
Economic impact study— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report regarding the impact of closing the Upper St. Anthony Falls Lock and Dam on the economic and environmental well-being of the State of Minnesota.
Mandatory closure— Notwithstanding subsection (b) and not later than 1 year after the date of enactment of this Act, the Secretary shall close the Upper St. Anthony Falls Lock and Dam if the Secretary determines that the annual average tonnage moving through the Upper St. Anthony Falls Lock and Dam for the preceding 5 years is not more than 1,500,000 tons.
Emergency operations— Nothing in this section prevents the Secretary from carrying out emergency lock operations necessary to mitigate flood damage.
Sec. 5022 Arctic Deep draft port development partnerships
In general— The Secretary may provide technical assistance, including planning, design, and construction assistance, to non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs.
Acceptance of funds— The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), to carry out the activities described in subsection (a).
Limitation— No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest.
Prioritization— The Secretary shall prioritize Arctic deep draft ports identified by the Army Corps, the Department of Homeland Security and the Department of Defense.
Sec. 5023 Greater Mississippi River Basin severe flooding and drought management study
Definitions— In this section:
Greater mississippi river basin— The term greater Mississippi River Basin means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act.
Lower mississippi river— The term lower Mississippi River means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico.
Middle mississippi river— The term middle Mississippi River means the portion of the Mississippi River that begins at the confluence of the Missouri River and flows to the lower Mississippi River.
Severe flooding and drought— The term severe flooding and drought means severe weather events that threaten personal safety, property, and navigation on the inland waterways of the United States.
In general— The Secretary shall carry out a study of the greater Mississippi River Basin—
to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to severe flooding and drought conditions; and
to evaluate the feasibility of any modifications to those water resource projects, consistent with the authorized purposes of those projects, and develop new water resource projects to improve the reliability of navigation and more effectively reduce flood risk.
Contents— The study shall—
identify any Federal actions that are likely to prevent and mitigate the impacts of severe flooding and drought, including changes to authorized channel dimensions, operational procedures of locks and dams, and reservoir management within the greater Mississippi River Basin, consistent with the authorized purposes of the water resource projects;
identify and make recommendations to remedy challenges to the Corps of Engineers presented by severe flooding and drought, including river access, in carrying out its mission to maintain safe, reliable navigation, consistent with the authorized purposes of the water resource projects in the greater Mississippi River Basin; and
identify and locate natural or other physical impediments along the middle and lower Mississippi River to maintaining navigation on the middle and lower Mississippi River during periods of low water.
Consultation and use of existing data— In carrying out the study, the Secretary shall—
consult with appropriate committees of Congress, Federal, State, tribal, and local agencies, environmental interests, agricultural interests, recreational interests, river navigation industry representatives, other shipping and business interests, organized labor, and nongovernmental organizations;
to the maximum extent practicable, use data in existence as of the date of enactment of this Act; and
incorporate lessons learned and best practices developed as a result of past severe flooding and drought events, including major floods and the successful effort to maintain navigation during the near historic low water levels on the Mississippi River during the winter of 2012–2013.
Cost-sharing— The Federal share of the cost of carrying out the study under this section shall be 100 percent.
Report— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study carried out under this section.
Savings clause— Nothing in this section impacts the operations and maintenance of the Missouri River Mainstem System, as authorized by the Act of December 22, 1944 (58 Stat. 897, chapter 665).
Sec. 5024 Cape Arundel Disposal Site, Maine
In general— The Secretary, in concurrence with the Administrator of the Environmental Protection Agency, is authorized to reopen the Cape Arundel Disposal Site selected by the Department of the Army as an alternative dredged material disposal site under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) (referred to in this section as the “Site”).
Deadline— The Site may remain open under subsection (a) until the earlier of—
the date on which the Site does not have any remaining disposal capacity;
the date on which an environmental impact statement designating an alternative dredged material disposal site for southern Maine has been completed; or
the date that is 5 years after the date of enactment of this Act.
Limitations— The use of the Site as a dredged material disposal site under subsection (a) shall be subject to the conditions that—
conditions at the Site remain suitable for the continued use of the Site as a dredged material disposal site; and
the Site not be used for the disposal of more than 80,000 cubic yards from any single dredging project.