[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Enrolled Bill (ENR)]
H.R.3080
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Reform and Development Act of 2014''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--PROGRAM REFORMS AND STREAMLINING
Sec. 1001. Vertical integration and acceleration of studies.
Sec. 1002. Consolidation of studies.
Sec. 1003. Expedited completion of reports.
Sec. 1004. Removal of duplicative analyses.
Sec. 1005. Project acceleration.
Sec. 1006. Expediting the evaluation and processing of permits.
Sec. 1007. Expediting approval of modifications and alterations of
projects by non-Federal interests.
Sec. 1008. Expediting hydropower at Corps of Engineers facilities.
Sec. 1009. Enhanced use of electronic commerce in Federal procurement.
Sec. 1010. Determination of project completion.
Sec. 1011. Prioritization.
Sec. 1012. Transparency in accounting and administrative expenses.
Sec. 1013. Evaluation of project Partnership Agreements.
Sec. 1014. Study and construction of water resources development
projects by non-Federal interests.
Sec. 1015. Contributions by non-Federal interests.
Sec. 1016. Operation and maintenance of certain projects.
Sec. 1017. Acceptance of contributed funds to increase lock operations.
Sec. 1018. Credit for in-kind contributions.
Sec. 1019. Clarification of in-kind credit authority.
Sec. 1020. Transfer of excess credit.
Sec. 1021. Crediting authority for federally authorized navigation
projects.
Sec. 1022. Credit in lieu of reimbursement.
Sec. 1023. Additional contributions by non-Federal interests.
Sec. 1024. Authority to accept and use materials and services.
Sec. 1025. Water resources projects on Federal land.
Sec. 1026. Clarification of impacts to other Federal facilities.
Sec. 1027. Clarification of munition disposal authorities.
Sec. 1028. Clarification of mitigation authority.
Sec. 1029. Clarification of interagency support authorities.
Sec. 1030. Continuing authority.
Sec. 1031. Tribal partnership program.
Sec. 1032. Territories of the United States.
Sec. 1033. Corrosion prevention.
Sec. 1034. Advanced modeling technologies.
Sec. 1035. Recreational access.
Sec. 1036. Non-Federal plans to provide additional flood risk reduction.
Sec. 1037. Hurricane and storm damage reduction.
Sec. 1038. Reduction of Federal costs for hurricane and storm damage
reduction projects.
Sec. 1039. Invasive species.
Sec. 1040. Fish and wildlife mitigation.
Sec. 1041. Mitigation status report.
Sec. 1042. Reports to Congress.
Sec. 1043. Non-Federal implementation pilot program.
Sec. 1044. Independent peer review.
Sec. 1045. Report on surface elevations at drought affected lakes.
Sec. 1046. Reservoir operations and water supply.
Sec. 1047. Special use permits.
Sec. 1048. America the Beautiful National Parks and Federal Recreational
Lands Pass program.
Sec. 1049. Applicability of spill prevention, control, and
countermeasure rule.
Sec. 1050. Namings.
Sec. 1051. Interstate water agreements and compacts.
Sec. 1052. Sense of Congress regarding water resources development
bills.
TITLE II--NAVIGATION
Subtitle A--Inland Waterways
Sec. 2001. Definitions.
Sec. 2002. Project delivery process reforms.
Sec. 2003. Efficiency of revenue collection.
Sec. 2004. Inland waterways revenue studies.
Sec. 2005. Inland waterways stakeholder roundtable.
Sec. 2006. Preserving the Inland Waterway Trust Fund.
Sec. 2007. Inland waterways oversight.
Sec. 2008. Assessment of operation and maintenance needs of the Atlantic
Intracoastal Waterway and the Gulf Intracoastal Waterway.
Sec. 2009. Inland waterways riverbank stabilization.
Sec. 2010. Upper Mississippi River protection.
Sec. 2011. Corps of Engineers lock and dam energy development.
Sec. 2012. Restricted areas at Corps of Engineers dams.
Sec. 2013. Operation and maintenance of fuel taxed inland waterways.
Subtitle B--Port and Harbor Maintenance
Sec. 2101. Funding for harbor maintenance programs.
Sec. 2102. Operation and maintenance of harbor projects.
Sec. 2103. Consolidation of deep draft navigation expertise.
Sec. 2104. Remote and subsistence harbors.
Sec. 2105. Arctic deep draft port development partnerships.
Sec. 2106. Additional measures at donor ports and energy transfer ports.
Sec. 2107. Preserving United States harbors.
TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS
Subtitle A--Dam Safety
Sec. 3001. Dam Safety.
Subtitle B--Levee Safety
Sec. 3011. Systemwide improvement framework.
Sec. 3012. Management of flood risk reduction projects.
Sec. 3013. Vegetation management policy.
Sec. 3014. Levee certifications.
Sec. 3015. Planning assistance to States.
Sec. 3016. Levee safety.
Sec. 3017. Rehabilitation of existing levees.
Subtitle C--Additional Safety Improvements and Risk Reduction Measures
Sec. 3021. Use of innovative materials.
Sec. 3022. Durability, sustainability, and resilience.
Sec. 3023. Study on risk reduction.
Sec. 3024. Management of flood, drought, and storm damage.
Sec. 3025. Post-disaster watershed assessments.
Sec. 3026. Hurricane and storm damage reduction study.
Sec. 3027. Emergency communication of risk.
Sec. 3028. Safety assurance review.
Sec. 3029. Emergency response to natural disasters.
TITLE IV--RIVER BASINS AND COASTAL AREAS
Sec. 4001. River basin commissions.
Sec. 4002. Mississippi River.
Sec. 4003. Missouri River.
Sec. 4004. Arkansas River.
Sec. 4005. Columbia Basin.
Sec. 4006. Rio Grande.
Sec. 4007. Northern Rockies headwaters.
Sec. 4008. Rural Western water.
Sec. 4009. North Atlantic Coastal Region.
Sec. 4010. Chesapeake Bay.
Sec. 4011. Louisiana coastal area.
Sec. 4012. Red River Basin.
Sec. 4013. Technical corrections.
Sec. 4014. Ocean and coastal resiliency.
TITLE V--WATER INFRASTRUCTURE FINANCING
Subtitle A--State Water Pollution Control Revolving Funds
Sec. 5001. General authority for capitalization grants.
Sec. 5002. Capitalization grant agreements.
Sec. 5003. Water pollution control revolving loan funds.
Sec. 5004. Requirements.
Sec. 5005. Report on the allotment of funds.
Sec. 5006. Effective date.
Subtitle B--General Provisions
Sec. 5011. Watershed pilot projects.
Sec. 5012. Definition of treatment works.
Sec. 5013. Funding for Indian programs.
Sec. 5014. Water infrastructure public-private partnership pilot
program.
Subtitle C--Innovative Financing Pilot Projects
Sec. 5021. Short title.
Sec. 5022. Definitions.
Sec. 5023. Authority to provide assistance.
Sec. 5024. Applications.
Sec. 5025. Eligible entities.
Sec. 5026. Projects eligible for assistance.
Sec. 5027. Activities eligible for assistance.
Sec. 5028. Determination of eligibility and project selection.
Sec. 5029. Secured loans.
Sec. 5030. Program administration.
Sec. 5031. State, tribal, and local permits.
Sec. 5032. Regulations.
Sec. 5033. Funding.
Sec. 5034. Reports on pilot program implementation.
Sec. 5035. Requirements.
TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION
Sec. 6001. Deauthorization of inactive projects.
Sec. 6002. Review of Corps of Engineers assets.
Sec. 6003. Backlog prevention.
Sec. 6004. Deauthorizations.
Sec. 6005. Land conveyances.
TITLE VII--WATER RESOURCES INFRASTRUCTURE
Sec. 7001. Annual report to Congress.
Sec. 7002. Authorization of final feasibility studies.
Sec. 7003. Authorization of project modifications recommended by the
Secretary.
Sec. 7004. Expedited consideration in the House and Senate.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--PROGRAM REFORMS AND STREAMLINING
SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a feasibility study
initiated by the Secretary, after the date of enactment of this Act,
under section 905(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(a)) shall--
(1) result in the completion of a final feasibility report not
later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the district, division, and
headquarters levels of the Corps of Engineers concurrently conduct
the review required under that section.
(b) Extension.--If the Secretary determines that a feasibility
study described in subsection (a) will not be conducted in accordance
with subsection (a), the Secretary, not later than 30 days after the
date of making the determination, shall--
(1) prepare an updated feasibility study schedule and cost
estimate;
(2) notify the non-Federal feasibility cost-sharing partner
that the feasibility study has been delayed; and
(3) provide written notice to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives as to the reasons
the requirements of subsection (a) are not attainable.
(c) Termination of Authorization.--A feasibility study for which
the Secretary has issued a determination under subsection (b) is not
authorized after the last day of the 1-year period beginning on the
date of the determination if the Secretary has not completed the study
on or before such last day.
(d) Exception.--
(1) In general.--Notwithstanding the requirements of subsection
(c), the Secretary may extend the timeline of a study by a period
not to exceed 3 years, if the Secretary determines that the
feasibility study is too complex to comply with the requirements of
subsections (a) and (c).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsections (a) and (c),
the Secretary shall consider--
(A) the type, size, location, scope, and overall cost of
the project;
(B) whether the project will use any innovative design or
construction techniques;
(C) whether the project will require significant action by
other Federal, State, or local agencies;
(D) whether there is significant public dispute as to the
nature or effects of the project; and
(E) whether there is significant public dispute as to the
economic or environmental costs or benefits of the project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall provide
written notice to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives as to the results of that
determination, including an identification of the specific 1 or
more factors used in making the determination that the project is
complex.
(4) Limitation.--The Secretary shall not extend the timeline
for a feasibility study for a period of more than 7 years, and any
feasibility study that is not completed before that date shall no
longer be authorized.
(e) Reviews.--Not later than 90 days after the date of the
initiation of a study described in subsection (a) for a project, the
Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 1005;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 2045(e) of the Water Resources
Development Act of 2007 (33 U.S.C. 2348(e)) that may be required by
law to conduct or issue a review, analysis, or opinion on or to
make a determination concerning a permit or license for the study;
and
(3) take all steps necessary to provide information that will
enable required reviews and analyses related to the project to be
conducted by other agencies in a thorough and timely manner.
(f) Interim Report.--Not later than 18 months 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 and
make publicly available a report that describes--
(1) the status of the implementation of the planning process
under this section, including the number of participating projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies participating in the
planning process under this section; and
(3) any recommendations for additional authority necessary to
support efforts to expedite the feasibility study process for water
resource projects.
(g) Final Report.--Not later than 4 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 and
make publicly available a report that describes--
(1) the status of the implementation of this section, including
a description of each feasibility study subject to the requirements
of this section;
(2) the amount of time taken to complete each feasibility
study; and
(3) any recommendations for additional authority necessary to
support efforts to expedite the feasibility study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts of
inflation.
SEC. 1002. CONSOLIDATION OF STUDIES.
(a) In General.--
(1) Repeal.--Section 905(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2282(b)) is repealed.
(2) Conforming amendment.--Section 905(a)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2282(a)(1)) is amended
by striking ``perform a reconnaissance study and''.
(b) Contents of Feasibility Reports.--Section 905(a)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(2)) is
amended by adding at the end the following: ``A feasibility report
shall include a preliminary analysis of the Federal interest and the
costs, benefits, and environmental impacts of the project.''.
(c) 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 subsection, 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
subsection, 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).''.
(d) Applicability.--The Secretary shall continue to carry out a
study for which a reconnaissance level investigation has been initiated
before the date of enactment of this Act as if this section, including
the amendments made by this section, had not been enacted.
SEC. 1003. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any on-going feasibility study
for a project initiated before the date of enactment of this Act;
and
(2) if the Secretary determines that the project is justified
in a completed report, proceed directly to preconstruction
planning, engineering, and design of the project in accordance with
section 910 of the Water Resources Development Act of 1986 (33
U.S.C. 2287).
SEC. 1004. REMOVAL OF DUPLICATIVE ANALYSES.
Section 911 of the Water Resources Development Act of 1986 (33
U.S.C. 2288) is repealed.
SEC. 1005. PROJECT ACCELERATION.
(a) Project Acceleration.--
(1) Amendment.--Section 2045 of the Water Resources Development
Act of 2007 (33 U.S.C. 2348) is amended to read as follows:
``SEC. 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 a project 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 project study.
``(B) Inclusions.--The term `environmental review process'
includes the process for and completion of any environmental
permit, approval, review, or study required for a project study
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 a review,
analysis, opinion, statement, permit, license, or other approval or
decision required for a project study under applicable Federal laws
(including regulations).
``(4) Federal lead agency.--The term `Federal lead agency'
means the Corps of Engineers.
``(5) Project.--The term `project' means a water resources
development project to be carried out by the Secretary.
``(6) Project sponsor.--The term `project sponsor' has the
meaning given the term `non-Federal interest' in section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
``(7) Project study.--The term `project study' means a
feasibility study for a project carried out pursuant to section 905
of the Water Resources Development Act of 1986 (33 U.S.C. 2282).
``(b) Applicability.--
``(1) In general.--This section--
``(A) shall apply to each project study that is initiated
after the date of enactment of the Water Resources Reform and
Development Act of 2014 and for which an environmental impact
statement is prepared under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
``(B) may be applied, to the extent determined appropriate
by the Secretary, to other project studies initiated after such
date of enactment and for which an environmental review process
document is prepared under that Act.
``(2) Flexibility.--Any authority granted under this section
may be exercised, and any requirement established under this
section may be satisfied, for the conduct of an environmental
review process for a project study, a class of project studies, or
a program of project studies.
``(3) List of project studies.--
``(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 project
study.
``(B) Inclusions.--The Secretary shall include for each
project study on the list under subparagraph (A) a description
of the estimated amounts necessary to make substantial progress
on the project study.
``(c) Project Review Process.--
``(1) In general.--The Secretary shall develop and implement a
coordinated environmental review process for the development of
project studies.
``(2) Coordinated review.--The coordinated environmental review
process described in paragraph (1) shall require that any review,
analysis, opinion, statement, permit, license, or other approval or
decision issued or made by a Federal, State, or local governmental
agency or an Indian tribe for a project study 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 environmental 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 project study.
``(d) Lead Agencies.--
``(1) Joint lead agencies.--
``(A) In general.--At the discretion of the Secretary and
subject to the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
requirements of section 1506.8 of title 40, Code of Federal
Regulations (or successor regulations), including the
concurrence of the proposed joint lead agency, a project
sponsor may serve as the joint lead agency.
``(B) Project sponsor as joint lead agency.--A project
sponsor that is a State or local governmental entity may--
``(i) with the concurrence of the Secretary, serve as a
joint lead agency with the Federal lead agency for purposes
of preparing any environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
``(ii) 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 project sponsor 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.
``(2) Duties.--The Secretary shall ensure that--
``(A) the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary and the
project sponsor in any environmental document prepared by the
project sponsor in accordance with this subsection; and
``(B) any environmental document prepared by the project
sponsor is appropriately supplemented to address any changes to
the project the Secretary determines are necessary.
``(3) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency making any determination
related to the project study 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).
``(4) Roles and responsibility of lead agency.--With respect to
the environmental review process for any project study, the Federal
lead agency shall have authority and responsibility--
``(A) to take such actions as are necessary and proper and
within the authority of the Federal lead agency to facilitate
the expeditious resolution of the environmental review process
for the project study; and
``(B) to prepare or ensure that any required environmental
impact statement or other environmental review document for a
project study 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.
``(e) Participating and Cooperating Agencies.--
``(1) Identification of jurisdictional agencies.--With respect
to carrying out the environmental review process for a project
study, the Secretary shall identify, as early as practicable in the
environmental review process, all Federal, State, and local
government agencies and Indian tribes that may--
``(A) have jurisdiction over the project;
``(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study; or
``(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the project
study.
``(2) State authority.--If the environmental review process is
being implemented by the Secretary for a project study 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--
``(A) have jurisdiction over the project;
``(B) are required to conduct or issue a review, analysis,
opinion, or statement for the project study; or
``(C) are required to make a determination on issuing a
permit, license, or other approval or decision for the project
study.
``(3) Invitation.--
``(A) In general.--The Federal lead agency shall invite, as
early as practicable in the environmental review process, any
agency identified under paragraph (1) to become a participating
or cooperating agency, as applicable, in the environmental
review process for the project study.
``(B) Deadline.--An invitation to participate issued under
subparagraph (A) shall set a deadline by which a response to
the invitation shall be submitted, which may be extended by the
Federal lead agency for good cause.
``(4) Procedures.--Section 1501.6 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of the Water
Resources Reform and Development Act of 2014) shall govern the
identification and the participation of a cooperating agency.
``(5) Federal cooperating agencies.--Any Federal agency that is
invited by the Federal lead agency to participate in the
environmental review process for a project study shall be
designated as a cooperating agency by the Federal lead agency
unless the invited agency informs the Federal lead agency, in
writing, by the deadline specified in the invitation that the
invited agency--
``(A)(i)(I) has no jurisdiction or authority with respect
to the project;
``(II) has no expertise or information relevant to the
project; or
``(III) does not have adequate funds to participate in
the project; and
``(ii) does not intend to submit comments on the project;
or
``(B) does not intend to submit comments on the project.
``(6) Administration.--A participating or cooperating agency
shall comply with this section and any schedule established under
this section.
``(7) 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 project; or
``(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the project.
``(8) Concurrent reviews.--Each participating or 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
prevent the participating or cooperating agency from conducting
needed analysis or otherwise carrying 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.
``(f) 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
participating and 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, State, and local
governmental 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, State, and local governmental 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,
and local governmental agencies, Indian tribes, 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, State,
and local governmental 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).
``(g) Coordinated Reviews.--
``(1) Coordination plan.--
``(A) Establishment.--
``(i) In general.--The Federal lead agency shall, after
consultation with and with the concurrence of each
participating and cooperating agency and the project
sponsor 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
project study or a category of project studies.
``(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)).
``(B) Schedule.--
``(i) In general.--As soon as practicable but not later
than 45 days after the close of the public comment period
on a draft environmental impact statement, the Federal lead
agency, after consultation with and the concurrence of each
participating and cooperating agency and the project
sponsor or joint lead agency, as applicable, shall
establish, as part of the coordination plan established in
subparagraph (A), a schedule for completion of the
environmental review process for the project study.
``(ii) Factors for consideration.--In establishing a
schedule, the Secretary shall consider factors such as--
``(I) the responsibilities of participating and
cooperating agencies under applicable laws;
``(II) the resources available to the project
sponsor, joint lead agency, and other relevant Federal
and State agencies, as applicable;
``(III) the overall size and complexity of the
project;
``(IV) the overall schedule for and cost of the
project; and
``(V) the sensitivity of the natural and historical
resources that could be affected by the project.
``(iii) Modifications.--The Secretary may--
``(I) lengthen a schedule established under clause
(i) for good cause; and
``(II) shorten a schedule only with concurrence of
the affected participating and cooperating agencies and
the project sponsor or joint lead agency, as
applicable.
``(iv) Dissemination.--A copy of a schedule established
under clause (i) shall be--
``(I) provided to each participating and
cooperating agency and the project sponsor or joint
lead agency, as applicable; and
``(II) made available to the public.
``(2) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
``(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 Federal lead agency, the project sponsor or joint
lead agency, as applicable, and all participating and
cooperating agencies; or
``(ii) the deadline is extended by the Federal lead
agency for good cause.
``(B) Other environmental review processes.--For all other
comment periods established by the Federal lead agency for
agency or public comments in the environmental review process,
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 Federal lead agency, the project sponsor, or joint
lead agency, as applicable, and all participating and
cooperating agencies; or
``(ii) the deadline is extended by the Federal 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 study,
including the issuance or denial of a permit or license, is
required to be made by the date described in subsection
(h)(5)(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 (h)(5)(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 study
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).
``(5) Transparency reporting.--
``(A) Reporting requirements.--Not later than 1 year after
the date of enactment of the Water Resources Reform and
Development Act of 2014, the Secretary shall establish and
maintain an electronic database and, in coordination with other
Federal and State agencies, issue reporting requirements to
make publicly available the status and progress with respect to
compliance with applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) and
any other Federal, State, or local approval or action required
for a project study for which this section is applicable.
``(B) Project study transparency.--Consistent with the
requirements established under subparagraph (A), the Secretary
shall publish the status and progress of any Federal, State, or
local decision, action, or approval required under applicable
laws for each project study for which this section is
applicable.
``(h) Issue Identification and Resolution.--
``(1) Cooperation.--The Federal 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 project study
under applicable laws.
``(2) Federal lead agency responsibilities.--
``(A) In general.--The Federal 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 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 Federal 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 project, including
any issues that could substantially delay or prevent an agency from
granting a permit or other approval that is needed for the project
study.
``(4) Accelerated issue resolution and elevation.--
``(A) In general.--On the request of a participating or
cooperating agency or project sponsor, the Secretary shall
convene an issue resolution meeting with the relevant
participating and cooperating agencies and the project sponsor
or joint lead agency, as applicable, to resolve issues that
may--
``(i) delay completion of the environmental review
process; or
``(ii) result in denial of any approval required for
the project study under applicable laws.
``(B) Meeting date.--A meeting requested under this
paragraph 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.
``(C) Notification.--On receipt of a request for a meeting
under this paragraph, the Secretary shall notify all relevant
participating and cooperating agencies of the request,
including the issue to be resolved and the date for the
meeting.
``(D) Elevation of issue resolution.--If a resolution
cannot be achieved within the 30 day-period beginning on the
date of a meeting under this paragraph and a determination is
made by the Secretary that all information necessary to resolve
the issue has been obtained, the Secretary shall forward the
dispute to the heads of the relevant agencies for resolution.
``(E) Convention by secretary.--The Secretary may convene
an issue resolution meeting under this paragraph at any time,
at the discretion of the Secretary, regardless of whether a
meeting is requested under subparagraph (A).
``(5) Financial penalty provisions.--
``(A) In general.--A Federal jurisdictional agency shall
complete any required approval or decision for the
environmental review process 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 required under any Federal law
relating to a project study 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 project study requiring the
preparation of an environmental assessment or
environmental impact statement; or
``(II) $10,000 for any project study requiring any
type of review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) other than an
environmental assessment or environmental impact
statement.
``(ii) Description of date.--The date referred to in
clause (i) is the later of--
``(I) the date that is 180 days after the date on
which an application for the permit, license, or
approval is complete; and
``(II) the date that is 180 days after the date on
which the Federal lead agency issues a decision on the
project under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(C) Limitations.--
``(i) In general.--No transfer of funds under
subparagraph (B) relating to an individual project study
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 the Water Resources Reform and Development Act
of 2014 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 Federal lead agency, cooperating agencies,
and project sponsor, 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 project, requires
additional analysis for the agency to make a decision
on the project application; or
``(III) the agency lacks the financial resources to
complete the review under the scheduled 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 not enough funding is 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.
``(i) 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 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 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 project sponsors 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 project sponsor, 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 project sponsor in carrying out early coordination
activities.
``(3) Memorandum of agency agreement.--If requested at any time
by a State or project sponsor, the Federal lead agency, in
consultation with other Federal agencies with relevant jurisdiction
in the environmental review process, may establish memoranda of
agreement with the project sponsor, 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.
``(j) Limitations.--Nothing in this section preempts or interferes
with--
``(1) any obligation to comply with the provisions of any
Federal law, including--
``(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(B) any other Federal environmental law;
``(2) the reviewability of any final Federal agency action in a
court of the United States or in the court of any State;
``(3) any requirement for seeking, considering, or responding
to public comment; or
``(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian tribe, or project sponsor has with respect to carrying out a
project or any other provision of law applicable to projects.
``(k) Timing of Claims.--
``(1) Timing.--
``(A) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of a permit, license, or other approval issued by a Federal
agency for a project study shall be barred unless the claim is
filed not later than 3 years after publication of a notice in
the Federal Register announcing that the permit, license, or
other approval is final pursuant to the law under which the
agency action is taken, unless a shorter time is specified in
the Federal law that allows judicial review.
``(B) Applicability.--Nothing in this subsection creates a
right to judicial review or places any limit on filing a claim
that a person has violated the terms of a permit, license, or
other approval.
``(2) New information.--
``(A) In general.--The Secretary shall consider new
information received after the close of a comment period if the
information satisfies the requirements for a supplemental
environmental impact statement under title 40, Code of Federal
Regulations (including successor regulations).
``(B) Separate action.--The preparation of a supplemental
environmental impact statement or other environmental document,
if required under this section, shall be considered a separate
final agency action and the deadline for filing a claim for
judicial review of the action shall be 3 years after the date
of publication of a notice in the Federal Register announcing
the action relating to such supplemental environmental impact
statement or other environmental document.
``(l) Categorical Exclusions.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Water Resources Reform and Development Act of
2014, the Secretary shall--
``(A) survey the use by the Corps of Engineers of
categorical exclusions in 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
project sponsors for new categorical exclusions.
``(2) New categorical exclusions.--Not later than 1 year after
the date of enactment of the Water Resources Reform and Development
Act of 2014, 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 the Water
Resources Reform and Development Act of 2014 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).
``(m) Review of 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 and not later than 10 years
after the date of enactment of the Water Resources Reform and
Development Act of 2014, 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 the results of the
assessment.
``(2) Contents.--The reports under paragraph (1) shall include
an evaluation of impacts of the reforms carried out under this
section on--
``(A) project delivery;
``(B) compliance with environmental laws; and
``(C) the environmental impact of projects.
``(n) 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.
``(o) 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 project, guidance documents that describe the
coordinated environmental review processes that the Secretary intends
to use to implement this section for the planning of projects, in
accordance with the civil works program of the Corps of Engineers and
all applicable law.''.
(2) Clerical amendment.--The table of contents contained in
section 1(b) of the Water Resources Development Act of 2007 (121
Stat. 1042) is amended by striking the item relating to section
2045 and inserting the following:
``Sec. 2045. Project acceleration.''.
(b) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a water resources project that is
in operation or under construction when damaged by an event or incident
that results in a declaration by the President of a major disaster or
emergency pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall
treat such repair, reconstruction, or rehabilitation activity as a
class of action categorically excluded from the requirements relating
to environmental assessments or environmental impact statements under
section 1508.4 of title 40, Code of Federal Regulations (or successor
regulations), if the repair or reconstruction activity is--
(1) in the same location with the same capacity, dimensions,
and design as the original water resources project as before the
declaration described in this section; and
(2) commenced within a 2-year period beginning on the date of a
declaration described in this subsection.
SEC. 1006. EXPEDITING THE EVALUATION AND PROCESSING OF PERMITS.
Section 214 of the Water Resources Development Act of 2000 (Public
Law 106-541; 33 U.S.C. 2201 note) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--The Secretary'' and
inserting the following:
``(a) Funding to Process Permits.--
``(1) Definitions.--In this subsection:
``(A) Natural gas company.--The term `natural gas company'
has the meaning given the term in section 1262 of the Public
Utility Holding Company Act of 2005 (42 U.S.C. 16451), except
that the term also includes a person engaged in the
transportation of natural gas in intrastate commerce.
``(B) Public-utility company.--The term `public-utility
company' has the meaning given the term in section 1262 of the
Public Utility Holding Company Act of 2005 (42 U.S.C. 16451).
``(2) Permit processing.--The Secretary'';
(B) in paragraph (2) (as so designated)--
(i) by inserting ``or a public-utility company or
natural gas company'' after ``non-Federal public entity'';
and
(ii) by inserting ``or company'' after ``that entity'';
and
(C) by adding at the end the following:
``(3) Limitation for public-utility and natural gas
companies.--The authority provided under paragraph (2) to a public-
utility company or natural gas company shall expire on the date
that is 7 years after the date of enactment of this paragraph.
``(4) Effect on other entities.--To the maximum extent
practicable, the Secretary shall ensure that expediting the
evaluation of a permit through the use of funds accepted and
expended under this section does not adversely affect the timeline
for evaluation (in the Corps district in which the project or
activity is located) of permits under the jurisdiction of the
Department of the Army of other entities that have not contributed
funds under this section.
``(5) GAO study.--Not later than 4 years after the date of
enactment of this paragraph, the Comptroller General of the United
States shall carry out a study of the implementation by the
Secretary of the authority provided under paragraph (2) to public-
utility companies and natural gas companies.''; and
(2) 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. 1007. EXPEDITING APPROVAL OF MODIFICATIONS AND ALTERATIONS OF
PROJECTS BY NON-FEDERAL INTERESTS.
(a) Section 14 Application Defined.--In this section, the term
``section 14 application'' means an application submitted by an
applicant to the Secretary requesting permission for the temporary
occupation or use of a public work, or the alteration or permanent
occupation or use of a public work, under section 14 of the Act of
March 3, 1899 (commonly known as the ``Rivers and Harbors Appropriation
Act of 1899'') (33 U.S.C. 408).
(b) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary, after providing notice and an opportunity for
comment, shall establish a process for the review of section 14
applications in a timely and consistent manner.
(c) Benchmark Goals.--
(1) Establishment of benchmark goals.--In carrying out
subsection (b), the Secretary shall--
(A) establish benchmark goals for determining the amount of
time it should take the Secretary to determine whether a
section 14 application is complete;
(B) establish benchmark goals for determining the amount of
time it should take the Secretary to approve or disapprove a
section 14 application; and
(C) to the extent practicable, use such benchmark goals to
make a decision on section 14 applications in a timely and
consistent manner.
(2) Benchmark goals.--
(A) Benchmark goals for determining whether section 14
applications are complete.--To the extent practicable, the
benchmark goals established under paragraph (1) shall provide
that--
(i) the Secretary reach a decision on whether a section
14 application is complete not later than 15 days after the
date of receipt of the application; and
(ii) if the Secretary determines that a section 14
application is not complete, the Secretary promptly notify
the applicant of the specific information that is missing
or the analysis that is needed to complete the application.
(B) Benchmark goals for reviewing completed applications.--
To the extent practicable, the benchmark goals established
under paragraph (1) shall provide that--
(i) the Secretary generally approve or disapprove a
completed section 14 application not later than 45 days
after the date of receipt of the completed application; and
(ii) in a case in which the Secretary determines that
additional time is needed to review a completed section 14
application due to the type, size, cost, complexity, or
impacts of the actions proposed in the application, the
Secretary generally approve or disapprove the application
not later than 180 days after the date of receipt of the
completed application.
(3) Notice.--In any case in which the Secretary determines that
it will take the Secretary more than 45 days to review a completed
section 14 application, the Secretary shall--
(A) provide written notification to the applicant; and
(B) include in the written notice a best estimate of the
Secretary as to the amount of time required for completion of
the review.
(d) Failure To Achieve Benchmark Goals.--In any case in which the
Secretary fails make a decision on a section 14 application in
accordance with the process established under this section, the
Secretary shall provide written notice to the applicant, including a
detailed description of--
(1) why the Secretary failed to make a decision in accordance
with such process;
(2) the additional actions required before the Secretary will
issue a decision; and
(3) the amount of time the Secretary will require to issue a
decision.
(e) Notification.--
(1) Submission to congress.--The Secretary shall provide a copy
of any written notice provided under subsection (d) to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(2) Public availability.--The Secretary shall maintain a
publicly available database, including on the Internet, on--
(A) all section 14 applications received by the Secretary;
and
(B) the current status of such applications.
SEC. 1008. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
(a) 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.
(b) Report.--Not later than 2 years after the date of enactment of
this Act and biennially 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 and make publicly available 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. 1009. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
(a) Report.--Not later than 180 days 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 and make publicly
available a report describing the actions of the Secretary in carrying
out section 2301 of title 41, United States Code, regarding the use of
electronic commerce in Federal procurement.
(b) Contents.--The report submitted under subsection (a) shall
include, with respect to the 2 fiscal years most recently ended before
the fiscal year in which the report is submitted--
(1) an identification of the number, type, and dollar value of
procurement solicitations with respect to which the public was
permitted to respond to the solicitation electronically, which
shall differentiate between solicitations that allowed full or
partial electronic submission;
(2) an analysis of the information provided under paragraph (1)
and actions that could be taken by the Secretary to refine and
improve the use of electronic submission for procurement
solicitation responses;
(3) an analysis of the potential benefits of and obstacles to
full implementation of electronic submission for procurement
solicitation responses, including with respect to cost savings,
error reduction, paperwork reduction, increased bidder
participation, and competition, and expanded use of electronic bid
data collection for cost-effective contract management and timely
reporting; and
(4) an analysis of the options and technologies available to
facilitate expanded implementation of electronic submission for
procurement solicitation responses and the suitability of each
option and technology for contracts of various types and sizes.
SEC. 1010. DETERMINATION OF PROJECT COMPLETION.
(a) In General.--The Secretary shall notify the applicable 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 subsection (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. 1011. PRIORITIZATION.
(a) Prioritization of Hurricane and Storm Damage Risk Reduction
Efforts.--
(1) 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--
(A) address an imminent threat to life and property;
(B) prevent storm surge from inundating populated areas;
(C) prevent the loss of coastal wetlands that help reduce
the impact of storm surge;
(D) protect emergency hurricane evacuation routes or
shelters;
(E) prevent adverse impacts to publicly owned or funded
infrastructure and assets;
(F) minimize disaster relief costs to the Federal
Government; and
(G) 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).
(2) Expedited consideration of currently authorized projects.--
Not later than 180 days after the date of enactment of this Act,
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 a list of all--
(i) ongoing hurricane and storm damage reduction
feasibility studies that have signed feasibility cost-share
agreements and have received Federal funds since 2009; and
(ii) 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;
(B) identify those projects on the list required under
subparagraph (A) that meet the criteria described in paragraph
(1); and
(C) provide a plan for expeditiously completing the
projects identified under subparagraph (B), subject to
available funding.
(b) 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. 1012. TRANSPARENCY IN 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. 1013. EVALUATION OF 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) an evaluation 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, including suggested
modifications to the process provided by non-Federal interests; and
(2) recommendations based on the evaluation under paragraph (1)
to improve the Project Partnership Agreement template and the
process for preparing, negotiating, and approving Project
Partnership Agreements.
(b) Submission to Congress.--
(1) In general.--The Secretary shall submit 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.
(2) Report.--Not later than 180 days after the date on which
the findings are received under 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 detailed response, including any
recommendations the Secretary plans to implement, on the process
for preparing, negotiating, and approving Project Partnership
Agreements and the Project Partnership Agreement template.
SEC. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.
(a) Studies.--Section 203 of the Water Resources Development Act of
1986 (33 U.S.C. 2231) is amended to read as follows:
``SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
``(a) Submission to Secretary.--
``(1) In general.--A non-Federal interest may undertake a
feasibility study of a proposed water resources development project
and submit the study to the Secretary.
``(2) Guidelines.--To assist non-Federal interests, the
Secretary, as soon as practicable, shall issue guidelines for
feasibility studies of water resources development projects to
provide sufficient information for the formulation of the studies.
``(b) Review by Secretary.--The Secretary shall review each
feasibility study received under subsection (a)(1) for the purpose of
determining whether or not the study, and the process under which the
study was developed, each comply with Federal laws and regulations
applicable to feasibility studies of water resources development
projects.
``(c) Submission to Congress.--Not later than 180 days after the
date of receipt of a feasibility study of a project under subsection
(a)(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--
``(1) the results of the Secretary's review of the study under
subsection (b), including a determination of whether the project is
feasible;
``(2) any recommendations the Secretary may have concerning the
plan or design of the project; and
``(3) any conditions the Secretary may require for construction
of the project.
``(d) Credit.--If a project for which a feasibility study has been
submitted under subsection (a)(1) is authorized by a Federal law
enacted after the date of the submission to Congress under subsection
(c), the Secretary shall credit toward the non-Federal share of the
cost of construction of the project an amount equal to the portion of
the cost of developing the study that would have been the
responsibility of the United States if the study had been developed by
the Secretary.''.
(b) Construction.--
(1) In general.--Section 204 of the Water Resources Development
Act of 1986 (33 U.S.C. 2232) is amended to read as follows:
``SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
``(a) Water Resources Development Project Defined.--In this
section, the term `water resources development project' means a project
recommendation that results from--
``(1) a feasibility report, as such term is defined in section
7001(f) of the Water Resources Reform and Development Act of 2014;
``(2) a completed feasibility study developed under section
203; or
``(3) a final feasibility study for water resources development
and conservation and other purposes that is specifically authorized
by Congress to be carried out by the Secretary.
``(b) Authority.--
``(1) In general.--A non-Federal interest may carry out a water
resources development project, or separable element thereof--
``(A) in accordance with a plan approved by the Secretary
for the project or separable element; and
``(B) subject to any conditions that the Secretary may
require, including any conditions specified under section
203(c)(3).
``(2) Conditions.--Before carrying out a water resources
development project, or separable element thereof, under this
section, a non-Federal interest shall--
``(A) obtain any permit or approval required in connection
with the project or separable element under Federal or State
law; and
``(B) ensure that a final environmental impact statement or
environmental assessment, as appropriate, for the project or
separable element has been filed.
``(c) Studies and Engineering.--When requested by an appropriate
non-Federal interest, the Secretary may undertake all necessary studies
and engineering for any construction to be undertaken under subsection
(b), and provide technical assistance in obtaining all necessary
permits for the construction, if the non-Federal interest contracts
with the Secretary to furnish the United States funds for the studies,
engineering, or technical assistance in the period during which the
studies and engineering are being conducted.
``(d) Credit or Reimbursement.--
``(1) General rule.--Subject to paragraph (3), a project or
separable element of a project carried out by a non-Federal
interest under this section shall be eligible for credit or
reimbursement for the Federal share of work carried out on a
project or separable element of a project if--
``(A) before initiation of construction of the project or
separable element--
``(i) the Secretary approves the plans for construction
of the project or separable element of the project by the
non-Federal interest;
``(ii) the Secretary determines, before approval of the
plans, that the project or separable element of the project
is feasible; and
``(iii) the non-Federal interest enters into a written
agreement with the Secretary under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), including an
agreement to pay the non-Federal share, if any, of the cost
of operation and maintenance of the project; and
``(B) the Secretary determines that all Federal laws and
regulations applicable to the construction of a water resources
development project, and any conditions identified under
subsection (b)(1)(B), were complied with by the non-Federal
interest during construction of the project or separable
element of the project.
``(2) Application of credit.--The Secretary may apply credit
toward--
``(A) the non-Federal share of authorized separable
elements of the same project; or
``(B) subject to the requirements of this section and
section 1020 of the Water Resources Reform and Development Act
of 2014, at the request of the non-Federal interest, the non-
Federal share of a different water resources development
project.
``(3) Requirements.--The Secretary may only apply credit or
provide reimbursement under paragraph (1) if--
``(A) Congress has authorized construction of the project
or separable element of the project; and
``(B) the Secretary certifies that the project has been
constructed in accordance with--
``(i) all applicable permits or approvals; and
``(ii) this section.
``(4) Monitoring.--The Secretary shall regularly monitor and
audit any water resources development project, or separable element
of a water resources development project, constructed by a non-
Federal interest under this section to ensure that--
``(A) the construction is carried out in compliance with
the requirements of this section; and
``(B) the costs of the construction are reasonable.
``(e) Notification of Committees.--If a non-Federal interest
notifies the Secretary that the non-Federal interest intends to carry
out a project, or separable element thereof, under this section, the
Secretary shall provide written notice to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives concerning the intent of
the non-Federal interest.
``(f) Operation and Maintenance.--Whenever a non-Federal interest
carries out improvements to a federally authorized harbor or inland
harbor, the Secretary shall be responsible for operation and
maintenance in accordance with section 101(b) if--
``(1) before construction of the improvements--
``(A) the Secretary determines that the improvements are
feasible and consistent with the purposes of this title; and
``(B) the Secretary and the non-Federal interest execute a
written agreement relating to operation and maintenance of the
improvements;
``(2) the Secretary certifies that the project or separable
element of the project is constructed in accordance with applicable
permits and appropriate engineering and design standards; and
``(3) the Secretary does not find that the project or separable
element is no longer feasible.''.
(c) Repeals.--The following provisions are repealed:
(1) Section 404 of the Water Resources Development Act of 1990
(33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that
section in the table of contents contained in section 1(b) of that
Act.
(2) Section 206 of the Water Resources Development Act of 1992
(33 U.S.C. 426i-1) and the item relating to that section in the
table of contents contained in section 1(b) of that Act.
(3) Section 211 of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13) and the item relating to that section in the
table of contents contained in section 1(b) of that Act.
(d) Savings Provision.--Nothing in this section may be construed to
affect an agreement in effect on the date of enactment of this Act, or
an agreement that is finalized between the Corps of Engineers and a
non-Federal interest on or before December 31, 2014, under any of the
following sections (as such sections were in effect on the day before
such date of enactment):
(1) Section 204 of the Water Resources Development Act of 1986
(33 U.S.C. 2232).
(2) Section 206 of the Water Resources Development Act of 1992
(33 U.S.C. 426i-1).
(3) Section 211 of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13).
SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.
(a) In General.--Section 5 of the Act of June 22, 1936 (33 U.S.C.
701h), is amended--
(1) by inserting ``and other non-Federal interests'' after
``States and political subdivisions thereof'' each place it
appears;
(2) by inserting ``, including a project for navigation on the
inland waterways,'' after ``study or project'';
(3) by striking ``Provided, That when'' and inserting
``Provided, That the Secretary is authorized to receive and expend
funds from a State or a political subdivision thereof, and other
non-Federal interests or private entities, to operate a hurricane
barrier project to support recreational activities at or in the
vicinity of the project, at no cost to the Federal Government, if
the Secretary determines that operation for such purpose is not
inconsistent with the operation and maintenance of the project for
the authorized purposes of the project: Provided further, That
when''; and
(4) by striking the period at the end and inserting the
following: ``: Provided further, That the term `non-Federal
interest' has the meaning given that term in section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b).''.
(b) Notification for Contributed Funds.--Prior to accepting funds
contributed under section 5 of the Act of June 22, 1936 (33 U.S.C.
701h), the Secretary shall provide written notice of the funds to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives.
(c) Technical Amendment.--Section 111(b) of the Energy and Water
Development and Related Agencies Appropriations Act, 2012 (125 Stat.
858) is repealed.
SEC. 1016. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.
The Secretary may assume responsibility for operation and
maintenance in accordance with section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)) (as amended by section
2102(b)) for improvements to a federally authorized harbor or inland
harbor that are carried out by a non-Federal interest prior to December
31, 2014, if 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.
SEC. 1017. 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 Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
and make publicly available 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 Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives 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. 1018. 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 November 8, 2007, the Secretary
and the non-Federal interest shall enter into an
agreement under which the non-Federal interest shall
carry out such work and shall do so 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 and shall do so 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.--
``(i) In general.--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, subject to the availability of
funds, shall enter into a reimbursement agreement with the
non-Federal interest, which shall be in addition to a
partnership agreement under subparagraph (A), to reimburse
the difference to the non-Federal interest.
``(ii) Priority.--If appropriated funds are
insufficient to cover the full cost of all requested
reimbursement agreements under clause (i), the Secretary
shall enter into reimbursement agreements in the order in
which requests for such agreements are received.''; and
(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 as addition to other
authorizations.--The authority of the Secretary to
provide credit for in-kind contributions pursuant
to this paragraph shall be in addition to any other
authorization to provide credit for in-kind
contributions and shall not be construed as a
limitation on such other authorization. The
Secretary shall apply the provisions of this
paragraph, in lieu of provisions under other
crediting authority, only if so requested by the
non-Federal interest.''.
(b) Applicability.--Section 2003(e) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962d-5b note) 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. 1019. CLARIFICATION OF 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), by inserting ``, on, or after'' after
``before'';
(2) 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 or project under this title may be applied toward the non-
Federal cost share for any other study or project carried out under
this title.''; and
(3) by adding at the end the following:
``(g) Definition of Study or Project.--In this section, the term
`study or project' includes any eligible activity that is--
``(1) carried out pursuant to the coastal Louisiana ecosystem
science and technology program authorized under section 7006(a);
and
``(2) in accordance with the restoration plan.''.
(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 amendment made by subsection (a)(2).
(c) Effective Date.--The amendments made by subsection (a) take
effect on November 8, 2007.
SEC. 1020. TRANSFER OF EXCESS CREDIT.
(a) In General.--Subject to subsection (b), the Secretary may apply
credit for in-kind contributions provided by a non-Federal interest
that are in excess of the required non-Federal cost share for a water
resources development study or project toward the required non-Federal
cost share for a different water resources development 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 1018(a)) shall
apply to any credit under this section.
(2) Conditions.--Credit in excess of the non-Federal 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 are in excess of the non-Federal cost share for
the study or project; and
(ii) the authorized 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 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 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 and make
publicly available 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 and make publicly available 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. 1021. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED NAVIGATION
PROJECTS.
A non-Federal interest may carry out operation and maintenance
activities for an authorized navigation project, subject to the
condition that the non-Federal interest complies with all Federal laws
and regulations applicable to such operation and maintenance
activities, and may receive credit for the costs incurred by the non-
Federal interest in carrying out such activities towards the share of
construction costs of that non-Federal interest for another element of
the same project or another authorized navigation project, except that
in no instance may such credit exceed 20 percent of the total costs
associated with construction of the general navigation features of the
project for which such credit may be applied pursuant to this section.
SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.
(a) Requests for Credits.--With respect to an authorized flood
damage reduction project, or separable element thereof, that has been
constructed by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13) before the date
of enactment of this Act, the Secretary may provide to the non-Federal
interest, at the request of the non-Federal interest, a credit in an
amount equal to the estimated Federal share of the cost of the project
or separable element, in lieu of providing to the non-Federal interest
a reimbursement in that amount.
(b) Application of Credits.--At the request of the non-Federal
interest, the Secretary may apply such credit to the share of the cost
of the non-Federal interest of carrying out other flood damage
reduction projects or studies.
SEC. 1023. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL INTERESTS.
Section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280) is amended--
(1) by striking ``In order to insure'' and inserting ``(a) In
General.--In order to insure''; and
(2) by adding at the end the following:
``(b) Contributions by Non-Federal Interests.--Notwithstanding
subsection (a), in accordance with section 5 of the Act of June 22,
1936 (33 U.S.C. 701h), the Secretary may accept funds from a non-
Federal interest for any authorized water resources development project
that has exceeded its maximum cost under subsection (a), and use such
funds to carry out such project, if the use of such funds does not
increase the Federal share of the cost of such project.''.
SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES.
(a) In General.--Subject to subsection (b), the Secretary is
authorized to accept and use materials and services contributed by a
non-Federal public entity, a nonprofit entity, or a private entity for
the purpose of repairing, restoring, or replacing a water resources
development project that has been damaged or destroyed as a result of
an emergency if the Secretary determines that the acceptance and use of
such materials and services is in the public interest.
(b) Limitation.--Any entity that contributes materials or services
under subsection (a) shall not be eligible for credit or reimbursement
for the value of such materials or services.
(c) 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 a safe and reliable water resources
project.
SEC. 1025. WATER RESOURCES PROJECTS ON FEDERAL LAND.
(a) In General.--Subject to subsection (b), the Secretary may carry
out an authorized water resources development project on Federal land
that is under the administrative jurisdiction of another Federal agency
where the cost of the acquisition of such Federal land has been paid
for by the non-Federal interest for the project.
(b) MOU Required.--The Secretary may carry out a project pursuant
to subsection (a) only after the non-Federal interest has entered into
a memorandum of understanding with the Federal agency that includes
such terms and conditions as the Secretary determines to be necessary.
(c) Applicability.--Nothing in this section alters any non-Federal
cost-sharing requirements for the project.
SEC. 1026. CLARIFICATION OF IMPACTS TO OTHER FEDERAL FACILITIES.
In any case where the modification or construction of a water
resources development project carried out by the Secretary adversely
impacts other Federal facilities, the Secretary may accept from other
Federal agencies such funds as may be necessary to address the adverse
impact, including by removing, relocating, or reconstructing those
facilities.
SEC. 1027. CLARIFICATION OF MUNITION DISPOSAL AUTHORITIES.
(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;
and
(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. 1028. CLARIFICATION OF MITIGATION AUTHORITY.
(a) In General.--The Secretary may carry out measures to improve
fish species habitat within the boundaries 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 the measures carried out
under this section.
SEC. 1029. CLARIFICATION OF INTERAGENCY SUPPORT AUTHORITIES.
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, by striking ``There is'' and
inserting ``(1) In general.--There is''; 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. 1030. CONTINUING AUTHORITY.
(a) Continuing Authority Programs.--
(1) Definition of continuing authority program project.--In
this subsection, the term ``continuing authority program'' means 1
of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(B) Section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i).
(C) Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577).
(F) Section 3 of the Act of August 13, 1946 (33 U.S.C.
426g).
(G) Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(H) Section 103 of the River and Harbor Act of 1962 (Public
Law 87-874; 76 Stat. 1178).
(I) Section 204(e) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(e)).
(J) Section 208 of the Flood Control Act of 1958 (33 U.S.C.
701b-8a).
(K) Section 104(a) of the River and Harbor Act of 1958 (33
U.S.C. 610(a)).
(2) 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.
(3) 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--
(A) the name and a short description of each active
continuing authority program project;
(B) the cost estimate to complete each active project; and
(C) the funding available in that fiscal year for each
continuing authority program.
(4) Congressional notification.--On publication in the Federal
Register under paragraphs (2) and (3), 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
paragraphs.
(b) 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''.
(c) 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''.
(d) 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 adding 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.''.
(e) 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''.
(f) 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 share 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''.
(g) 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''.
(h) Floodplain Management Services.--Section 206(d) of the Flood
Control Act of 1960 (33 U.S.C. 709a(d)) is amended by striking
``$15,000,000'' and inserting ``$50,000,000''.
(i) Emergency Streambank and Shoreline Protection.--Section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended--
(1) by striking ``$15,000,000'' and inserting ``$20,000,000'';
and
(2) by striking ``$1,500,000'' and inserting ``$5,000,000''.
SEC. 1031. TRIBAL PARTNERSHIP PROGRAM.
(a) In General.--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''; and
(B) by adding at the end the following:
``(ii) Determination.--Not later than 180 days after
the date of enactment of this clause, the Secretary shall
issue guidance on the procedures described in clause
(i).''; and
(2) by striking subsection (e) and inserting the following:
``(e) Restrictions.--The Secretary is authorized to carry out
activities under this section for fiscal years 2015 through 2024.''.
(b) Cooperative Agreements With Indian Tribes.--The Secretary may
enter into a cooperative agreement with an Indian tribe (or a
designated representative of an Indian tribe) to carry out authorized
activities of the Corps of Engineers to protect fish, wildlife, water
quality, and cultural resources.
SEC. 1032. TERRITORIES OF THE UNITED STATES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) by striking ``The Secretary shall waive'' and inserting
``(a) In General.--The Secretary shall waive'';
(2) in subsection (a) (as so designated), by inserting ``Puerto
Rico,'' before ``and the Trust Territory of the Pacific Islands'';
and
(3) by adding at the end the following:
``(b) Inflation Adjustment.--The Secretary shall adjust the dollar
amount specified in subsection (a) for inflation for the period
beginning on November 17, 1986, and ending on the date of enactment of
this subsection.''.
SEC. 1033. CORROSION PREVENTION.
(a) In General.--To the greatest extent practicable, the Secretary
shall encourage and incorporate corrosion prevention activities at
water resources development projects.
(b) Activities.--In carrying out subsection (a), the Secretary, to
the greatest extent practicable, shall ensure that contractors
performing work for water resources development projects--
(1) use best practices to carry out corrosion prevention
activities in the field;
(2) use industry-recognized standards and corrosion mitigation
and prevention methods when--
(A) determining protective coatings;
(B) selecting materials; and
(C) determining methods of cathodic protection, design, and
engineering for corrosion prevention;
(3) use certified coating application specialists and cathodic
protection technicians and engineers;
(4) use best practices in environmental protection to prevent
environmental degradation and to ensure careful handling of all
hazardous materials;
(5) demonstrate a history of employing industry-certified
inspectors to ensure adherence to best practices and standards; and
(6) demonstrate a history of compliance with applicable
requirements of the Occupational Safety and Health Administration.
(c) Corrosion Prevention Activities Defined.--In this section, the
term ``corrosion prevention activities'' means--
(1) the application and inspection of protective coatings for
complex work involving steel and cementitious structures, including
structures that will be exposed in immersion;
(2) the installation, testing, and inspection of cathodic
protection systems; and
(3) any other activities related to corrosion prevention the
Secretary determines appropriate.
SEC. 1034. ADVANCED MODELING TECHNOLOGIES.
(a) In General.--To the greatest extent practicable, the Secretary
shall encourage and incorporate advanced modeling technologies,
including 3-dimensional digital modeling, that can expedite project
delivery or improve the evaluation of water resources development
projects that receive Federal funding by--
(1) accelerating and improving the environmental review
process;
(2) increasing effective public participation;
(3) enhancing the detail and accuracy of project designs;
(4) increasing safety;
(5) accelerating construction and reducing construction costs;
or
(6) otherwise achieving the purposes described in paragraphs
(1) through (5).
(b) Activities.--In carrying out subsection (a), the Secretary, to
the greatest extent practicable, shall--
(1) compile information related to advanced modeling
technologies, including industry best practices with respect to the
use of the technologies;
(2) disseminate to non-Federal interests the information
described in paragraph (1); and
(3) promote the use of advanced modeling technologies.
SEC. 1035. RECREATIONAL ACCESS.
(a) Definition of Floating Cabin.--In this section, the term
``floating cabin'' means a vessel (as defined in section 3 of title 1,
United States Code) that has overnight accommodations.
(b) Recreational Access.--The Secretary shall allow the use of a
floating cabin on waters under the jurisdiction of the Secretary in the
Cumberland River basin if--
(1) the floating cabin--
(A) is in compliance with regulations for recreational
vessels issued under chapter 43 of title 46, United States
Code, and section 312 of the Federal Water Pollution Control
Act (33 U.S.C. 1322);
(B) is located at a marina leased by the Corps of
Engineers; and
(C) is maintained by the owner to required health and
safety standards; and
(2) the Secretary has authorized the use of recreational
vessels on such waters.
SEC. 1036. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK
REDUCTION.
(a) In General.--If requested by a non-Federal interest, the
Secretary shall carry out 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 carries out 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. 1037. HURRICANE AND STORM DAMAGE REDUCTION.
(a) In General.--Section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Review.--Notwithstanding subsection (a), the Secretary shall,
at the request of the non-Federal interest, carry out a study to
determine the feasibility of extending the period of nourishment
described in subsection (a) for a period not to exceed 15 additional
years beyond the maximum period described in subsection (a).
``(c) Plan for Reducing Risk to People and Property.--
``(1) In general.--As part of the review described in
subsection (b), the non-Federal interest shall submit to the
Secretary a plan for reducing risk to people and property during
the life of the project.
``(2) Inclusion of plan in recommendation to congress.--The
Secretary shall include the plan described in subsection (a) in the
recommendations to Congress described in subsection (d).
``(d) Report to Congress.--Upon completion of the review described
in subsection (b), 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 any recommendations
of the Secretary related to the review; and
``(2) include in the subsequent annual report to Congress
required under section 7001 of the Water Resources Reform and
Development Act of 2014, any recommendations that require specific
congressional authorization.
``(e) Special Rule.--Notwithstanding any other provision of this
section, for any existing authorized water resources development
project for which the maximum period for nourishment described in
subsection (a) will expire within the 5 year-period beginning on the
date of enactment of the Water Resources Reform and Development Act of
2014, that project shall remain eligible for nourishment for an
additional 3 years after the expiration of such period.''.
(b) Review of Authorized Periodic Nourishment Authority.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall initiate a review of all
authorized water resources development projects for which the
Secretary is authorized to provide periodic nourishment under
section 156 of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f).
(2) Scope of review.--In carrying out the review under
paragraph (1), the Secretary shall assess the Federal costs
associated with that nourishment authority and the projected
benefits of each project.
(3) Report to congress.--Upon completion of the review under
paragraph (1), the Secretary shall issue to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
and make publicly available a report on the results of that review,
including any proposed changes the Secretary may recommend to the
nourishment authority.
SEC. 1038. REDUCTION OF FEDERAL COSTS FOR HURRICANE AND STORM DAMAGE
REDUCTION PROJECTS.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) (as amended by section 1030(d)(1)) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or used in'' after
``obtained through'';
(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; and
(C) by adding at the end the following:
``(4) Reducing costs.--To reduce or avoid Federal costs, the
Secretary shall consider the beneficial use of dredged material in
a manner that contributes to the maintenance of sediment resources
in the nearby coastal system.'';
(2) 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.--''; and
(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.''; and
(3) 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. 1039. INVASIVE SPECIES.
(a) Aquatic Species Review.--
(1) Review of authorities.--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--
(A) 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
(B) based on the review under subparagraph (A), 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.
(2) Federal investment.--
(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the Federal costs of, and
spending on, aquatic invasive species.
(B) Contents.--The assessment conducted under subparagraph
(A) shall include--
(i) identification of current Federal spending on, and
projected future Federal costs of, operation and
maintenance related to mitigating the impacts of aquatic
invasive species on federally owned or operated facilities;
(ii) identification of current Federal spending on
aquatic invasive species prevention;
(iii) analysis of whether spending identified in clause
(ii) is adequate for the maintenance and protection of
services provided by federally owned or operated
facilities, based on the current spending and projected
future costs identified in clause (i); and
(iv) review of any other aspect of aquatic invasive
species prevention or mitigation determined appropriate by
the Comptroller General.
(C) Findings.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Environment and Public Works and the Committee
on Energy and Natural Resources of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Natural Resources of the House of Representatives a report
containing the findings of the assessment conducted under
subparagraph (A).
(b) Aquatic Invasive Species Prevention.--
(1) Multiagency effort to slow the spread of asian carp in the
upper mississippi and ohio river basins and tributaries.--
(A) In general.--The Director of the United States Fish and
Wildlife Service, in coordination with the Secretary, 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
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.
(B) 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.
(2) Report to congress.--
(A) In general.--Not later than December 31 of each year,
the Director of the United States Fish and Wildlife Service, in
coordination with the Secretary, shall submit to the Committee
on Appropriations and the Committee on Environment and Public
Works of the Senate and the Committee on Appropriations, the
Committee on Natural Resources, and the Committee on
Transportation and Infrastructure of the House of
Representatives and make publicly available a report describing
the coordinated strategies established and progress made toward
the goals of controlling and eliminating Asian carp in the
Upper Mississippi and Ohio River basins and tributaries.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) 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;
(ii) 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;
(iii) any research that the Director determines could
improve the ability to control the spread of Asian carp;
(iv) any quantitative measures that the Director
intends to use to document progress in controlling the
spread of Asian carp; and
(v) a cross-cut accounting of Federal and non-Federal
expenditures to control the spread of Asian carp.
(c) Prevention, Great Lakes and Mississippi River Basin.--
(1) 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.
(2) Notifications.--The Secretary shall notify 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 subsection.
(d) Prevention and Management.--Section 104 of the River and Harbor
Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``There is'' and
inserting the following:
``(1) In general.--There is'';
(B) in the second sentence, by striking ``Local'' and
inserting the following:
``(2) Local interests.--Local'';
(C) in the third sentence, by striking ``Costs'' and
inserting the following:
``(3) Federal costs.--Costs''; and
(D) in paragraph (1) (as designated by subparagraph (A))--
(i) by striking ``control and progressive,'' and
inserting ``prevention, control, and progressive''; and
(ii) by inserting ``and aquatic invasive species''
after ``noxious aquatic plant growths'';
(2) in subsection (b), in the first sentence, by striking
``$15,000,000 annually'' and inserting ``$40,000,000, of which
$20,000,000 shall be made available to implement subsection (d),
annually''; and
(3) by inserting after subsection (c) the following:
``(d) Watercraft Inspection Stations.--
``(1) In general.--In carrying out this section, the Secretary
may 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 at reservoirs operated and maintained by the Secretary.
``(2) Cost share.--The non-Federal share of the cost of
constructing, operating, and maintaining watercraft inspection
stations described in paragraph (1) (including personnel costs)
shall be--
``(A) 50 percent; and
``(B) provided by the State or local governmental entity in
which such inspection station is located.
``(3) Coordination.--In carrying out this subsection, the
Secretary shall consult and coordinate with--
``(A) the States described in paragraph (1);
``(B) Indian tribes; and
``(C) other Federal agencies, including--
``(i) the Department of Agriculture;
``(ii) the Department of Energy;
``(iii) the Department of Homeland Security;
``(iv) the Department of Commerce; and
``(v) the Department of the Interior.
``(e) Monitoring and Contingency Planning.--In carrying out this
section, the Secretary may--
``(1) carry out risk assessments of water resources facilities;
``(2) monitor for aquatic invasive species;
``(3) establish watershed-wide plans for expedited response to
an infestation of aquatic invasive species; and
``(4) monitor water quality, including sediment cores and fish
tissue samples.''.
SEC. 1040. 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;''; and
(2) by adding at the end the following:
``(h) Programmatic Mitigation Plans.--
``(1) In general.--The Secretary may develop programmatic
mitigation plans to address the potential impacts to ecological
resources, fish, and wildlife associated with existing or future
Federal 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.).
``(11) Mitigation for existing projects.--Nothing in this
subsection requires the Secretary to undertake additional
mitigation for existing projects for which mitigation has already
been initiated.
``(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.''.
(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. 1041. 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 participation 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. 1042. 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) subparagraphs (A) and (B) of section 1043(a)(5);
(2) section 1046(a)(2)(B);
(3) section 210(e)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(e)(3)) (as amended by section 2102(a)); and
(4) section 7001.
(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 the
General Expenses account of the civil works program of the Corps of
Engineers for the loss of the funds.
SEC. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
(a) Non-Federal Implementation of Feasibility Studies.--
(1) 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.
(2) Purposes.--The purposes of the pilot program are--
(A) to identify project delivery and cost-saving
alternatives to the existing feasibility study process;
(B) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal interest carrying
out a feasibility study of 1 or more projects; and
(C) to evaluate alternatives for the decentralization of
the project planning, management, and operational
decisionmaking process of the Corps of Engineers.
(3) Administration.--
(A) 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--
(i) flood risk management;
(ii) hurricane and storm damage reduction, including
levees, floodwalls, flood control channels, and water
control structures;
(iii) coastal harbor and channel and inland navigation;
and
(iv) aquatic ecosystem restoration.
(B) Use of non-federal funds.--
(i) In general.--A non-Federal interest that has
entered into an agreement with the Secretary pursuant to
subparagraph (A) may use non-Federal funds to carry out the
feasibility study.
(ii) 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
subsection 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 subparagraph (A).
(C) Transfer of funds.--
(i) In general.--After the date on which an agreement
is executed pursuant to subparagraph (A), 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 paragraph
(8), 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.
(ii) Administration.--The Secretary shall include such
provisions as the Secretary determines to be necessary in
an agreement under subparagraph (A) 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.
(D) 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.
(E) 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 subparagraph (C) are used in compliance with
the agreement signed under subparagraph (A).
(F) 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.
(G) Detailed project schedule.--Not later than 180 days
after entering into an agreement under subparagraph (A), 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.
(4) Cost share.--Nothing in this subsection 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
subsection.
(5) Report.--
(A) 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 and make publicly available a report detailing
the results of the pilot program carried out under this
section, including--
(i) a description of the progress of the non-Federal
interests in meeting milestones in detailed project
schedules developed pursuant to paragraph (3)(G); and
(ii) any recommendations of the Secretary concerning
whether the program or any component of the program should
be implemented on a national basis.
(B) 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
subparagraph (A).
(C) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this paragraph,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(6) 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 subsection.
(7) Termination of authority.--The authority to commence a
feasibility study under this subsection terminates on the date that
is 5 years after the date of enactment of this Act.
(8) 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 subsection, including the costs of administration of the
Secretary, $25,000,000 for each of fiscal years 2015 through 2019.
(b) Non-Federal Project Implementation Pilot Program.--
(1) 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.
(2) Purposes.--The purposes of the pilot program are--
(A) to identify project delivery and cost-saving
alternatives that reduce the backlog of authorized Corps of
Engineers projects;
(B) 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
(C) to evaluate alternatives for the decentralization of
the project management, design, and construction for authorized
Corps of Engineers water resources projects.
(3) Administration.--
(A) In general.--In carrying out the pilot program, the
Secretary shall--
(i) 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--
(aa)(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
(bb) 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;
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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 paragraph
(8), 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
(vi) 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.
(B) Detailed project schedule.--Not later than 180 days
after entering into an agreement under subparagraph (A)(iv),
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.
(C) 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--
(i) any study, engineering activity, and design
activity for construction carried out by the non-Federal
interest under this subsection; and
(ii) expeditiously obtaining any permits necessary for
the project.
(4) Cost share.--Nothing in this subsection affects the cost-
sharing requirement applicable on the day before the date of
enactment of this Act to a project carried out under this
subsection.
(5) Report.--
(A) 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 and make publicly available a report detailing
the results of the pilot program carried out under this
subsection, including--
(i) a description of the progress of non-Federal
interests in meeting milestones in detailed project
schedules developed pursuant to paragraph (2)(B); and
(ii) any recommendations of the Secretary concerning
whether the program or any component of the program should
be implemented on a national basis.
(B) 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
subparagraph (A).
(C) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this paragraph,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(6) 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 subsection.
(7) Termination of authority.--The authority to commence a
project under this subsection terminates on the date that is 5
years after the date of enactment of this Act.
(8) 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 subsection, including the costs of administration of the
Secretary, $25,000,000 for each of fiscal years 2015 through 2019.
SEC. 1044. INDEPENDENT PEER REVIEW.
(a) Mandatory Project Studies Subject to Peer Review.--Section
2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 (33
U.S.C. 2343(a)(3)(A)(i)) is amended by striking ``$45,000,000'' and
inserting ``$200,000,000''.
(b) 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.''.
(c) 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
conducted under this section; 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.''.
(d) 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.''.
(e) 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. 1045. REPORT ON SURFACE ELEVATIONS AT DROUGHT AFFECTED LAKES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the Federal
Energy Regulatory Commission (referred to in this section as ``FERC''),
shall initiate an assessment of the effects of drought conditions on
lakes managed by the Secretary that are affected by FERC-licensed
reservoirs, which shall include an assessment of--
(1) lake levels and rule curves in areas of previous, current,
and prolonged drought; and
(2) the effect the long-term FERC licenses have on the ability
of the Secretary to manage lakes for hydropower generation,
navigation, flood protection, water supply, fish and wildlife, and
recreation.
(b) Report.--The Secretary, in coordination with the FERC, shall
submit to Congress and make publicly available a report on the
assessment carried out under subsection (a).
SEC. 1046. RESERVOIR OPERATIONS AND WATER SUPPLY.
(a) Dam Optimization.--
(1) Definition of project.--In this subsection, the term
``project'' means a water resources development project that is
operated and maintained by the Secretary.
(2) Reports.--
(A) Assessment of water supply in arid regions.--
(i) In general.--The Secretary shall conduct an
assessment of the management practices, priorities, and
authorized purposes at Corps of Engineers reservoirs in
arid regions to determine the effects of such practices,
priorities, and purposes on water supply during periods of
drought.
(ii) Inclusions.--The assessment under clause (i) shall
identify actions that can be carried out within the scope
of existing authorities of the Secretary to increase
project flexibility for the purpose of mitigating drought
impacts.
(iii) Report.--Not later than 1 year 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 and make publicly available a
report on the results of the assessment.
(B) Updated report.--
(i) In general.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall update and
make publicly available 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).
(ii) Inclusions.--The updated report described in
clause (i) shall--
(I) include--
(aa) 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;
(bb) the activities carried out pursuant to
each such review to improve the efficiency of
operations and maintenance and to improve project
benefits consistent with authorized purposes;
(cc) the degree to which reviews of project
operations and subsequent activities pursuant to
completed reviews complied with the policies and
requirements of applicable law and regulations; and
(dd) a plan for reviewing the operations of
individual projects, including a detailed schedule
for future reviews of project operations, that--
(AA) complies with the polices and
requirements of applicable law and regulations;
(BB) gives priority to reviews and
activities carried out pursuant to such plan
where the Secretary determines that there is
support for carrying out those reviews and
activities; and
(CC) ensures that reviews and activities
are carried out pursuant to such plan;
(II) be coordinated with appropriate Federal,
State, and local agencies and those public and private
entities that the Secretary determines may be affected
by those reviews or activities;
(III) not supersede or modify any written agreement
between the Federal Government and a non-Federal
interest that is in effect on the date of enactment of
this Act;
(IV) not supersede or authorize 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);
(V) not affect any water right in existence on the
date of enactment of this Act;
(VI) not preempt or affect any State water law or
interstate compact governing water;
(VII) not affect any authority of a State, as in
effect on the date of enactment of this Act, to manage
water resources within that State; and
(VIII) comply with section 301 of the Water Supply
Act of 1958 (43 U.S.C. 390b).
(3) General accountability office report to congress.--The
Comptroller General shall--
(A) conduct an audit to determine--
(i) whether reviews of project operations carried out
by the Secretary prior to the date of enactment of this Act
complied with the policies and requirements of applicable
law and regulations; and
(ii) whether the plan developed by the Secretary
pursuant to paragraph (2)(B)(ii)(I)(dd) complies with this
subsection and with the policies and requirements of
applicable law and regulation; and
(B) not later than 2 years after the date of enactment of
this Act, submit to Congress a report that--
(i) summarizes the results of the audit required by
subparagraph (A);
(ii) includes an assessment of whether existing
practices for managing and reviewing project operations
could result in greater efficiencies that would enable the
Corps of Engineers to better prepare for, contain, and
respond to flood, storm, and drought conditions; and
(iii) includes recommendations for improving the review
of project operations to improve the efficiency and
effectiveness of such operations and to better achieve
authorized purposes while enhancing overall project
benefits.
(4) Interagency and cooperative agreements.--The Secretary may
enter into interagency agreements with other Federal agencies and
cooperative agreements with non-Federal entities to carry out this
subsection and reviews of project operations or activities
resulting from those reviews.
(5) Funding.--
(A) In general.--The Secretary may use to carry out this
subsection, including any reviews of project operations
identified in the plan developed under paragraph
(2)(B)(ii)(I)(dd), amounts made available to the Secretary.
(B) Funding from other sources.--The Secretary may accept
and expend amounts from non-Federal entities and other Federal
agencies to carry out this subsection and reviews of project
operations or activities resulting from those reviews.
(6) Effect of subsection.--
(A) In general.--Nothing in this subsection changes the
authorized purpose of any Corps of Engineers dam or reservoir.
(B) Administration.--The Secretary may carry out any
recommendations and activities under this subsection pursuant
to existing law.
(b) Improving Planning and Administration of Water Supply
Storage.--
(1) In general.--For each water supply feature of a reservoir
managed by the Secretary, the Secretary shall notify the applicable
non-Federal interests before each fiscal year of the anticipated
operation and maintenance activities for that fiscal year and each
of the subsequent 4 fiscal years (including the cost of those
activities) for which the non-Federal interests are required to
contribute amounts.
(2) Clarification.--The information provided to a non-Federal
interest under paragraph (1) shall--
(A) be an estimate which the non-Federal interest may use
for planning purposes; and
(B) not be construed as or relied upon by the non-Federal
interest as the actual amounts that the non-Federal interest
will be required to contribute.
(c) Surplus Water Storage.--
(1) In general.--The Secretary shall not charge a fee for
surplus water under a contract entered into pursuant to section 6
of the Act of December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'') (33 U.S.C. 708) if the contract is for
surplus water stored in the Upper Missouri Mainstem Reservoirs.
(2) Offset.--
(A) In general.--Subject to subparagraph (B), of any
amounts made available to the Secretary to carry out activities
under the heading ``operation and maintenance'' under the
heading ``Corps of Engineers-Civil'' that remain unobligated as
of the date of enactment of this Act, $5,000,000 is rescinded.
(B) Restriction.--No amounts that have been designated by
Congress as being for emergency requirements pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall be
rescinded under subparagraph (A).
(3) Limitation.--The limitation provided under paragraph (1)
shall expire on the date that is 10 years after the date of
enactment of this Act.
(4) Applicability.--Nothing in this subsection--
(A) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions; or
(B) affects the application of section 6 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act of
1944'') (33 U.S.C. 708) to surplus water stored outside of the
Upper Missouri Mainstem Reservoirs.
(d) Future Water Supply.--Section 301 of the Water Supply Act of
1958 (43 U.S.C. 390b) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Release of Future Water Storage.--
``(1) Establishment of 10-year plans for the utilization of
future storage.--
``(A) In general.--For the period beginning 180 days after
the date of enactment of this paragraph and ending on January
1, 2016, the Secretary may accept from a State or local
interest a plan for the utilization of allocated water storage
for future use under this Act.
``(B) Contents.--A plan submitted under subparagraph (A)
shall include--
``(i) a 10-year timetable for the conversion of future
use storage to present use; and
``(ii) a schedule of actions that the State or local
interest agrees to carry out over a 10-year period, in
cooperation with the Secretary, to seek new and alternative
users of future water storage that is contracted to the
State or local interest on the date of enactment of this
paragraph.
``(2) Future water storage.--For water resource development
projects managed by the Secretary, a State or local interest that
the Secretary determines has complied with paragraph (1) may
request from the Secretary a release to the United States of any
right of the State or local interest to future water storage under
this Act that was allocated for future use water supply prior to
November 17, 1986.
``(3) Administration.--
``(A) In general.--Not later than 180 days after receiving
a request under paragraph (2), the Secretary shall provide to
the applicable State or local interest a written decision on
whether the Secretary recommends releasing future water storage
rights.
``(B) Recommendation.--If the Secretary recommends
releasing future water storage rights, the Secretary shall
include that recommendation in the annual plan submitted under
section 7001 of the Water Resources Reform and Development Act
of 2014.
``(4) Savings clause.--Nothing in this subsection authorizes
the Secretary to release a State or local interest from a
contractual obligation unless specifically authorized by
Congress.''.
SEC. 1047. 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 for activities described in
paragraph (1) 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) Use of Funds.--
(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 use funds made available to the Secretary to support
activities carried out by State, local, and tribal governments and
such other public or private nonprofit entities as the Secretary
determines to be appropriate.
(2) Cooperative agreements.--Any use 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 in the first sentence by inserting
``, including expenses relating to uniforms, transportation, lodging,
and the subsistence of those volunteers,'' after ``incidental
expenses''.
(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. 1048. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL
RECREATIONAL LANDS PASS PROGRAM.
The Secretary may participate in the America the Beautiful National
Parks and Federal Recreational Lands Pass program in the same manner as
the National Park Service, the Bureau of Land Management, the United
States Fish and Wildlife Service, the Forest Service, and the Bureau of
Reclamation, including the provision of free annual passes to active
duty military personnel and dependents.
SEC. 1049. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE RULE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Farm.--The term ``farm'' has the meaning given the term in
section 112.2 of title 40, Code of Federal Regulations (or
successor regulations).
(3) Gallon.--The term ``gallon'' means a United States gallon.
(4) Oil.--The term ``oil'' has the meaning given the term in
section 112.2 of title 40, Code of Federal Regulations (or
successor regulations).
(5) Oil discharge.--The term ``oil discharge'' has the meaning
given the term ``discharge'' in section 112.2 of title 40, Code of
Federal Regulations (or successor regulations).
(6) Reportable oil discharge history.--
(A) In general.--Subject to subparagraph (B), the term
``reportable oil discharge history'' means a single oil
discharge, as described in section 112.1(b) of title 40, Code
of Federal Regulations (including successor regulations), that
exceeds 1,000 gallons or 2 oil discharges, as described in
section 112.1(b) of title 40, Code of Federal Regulations
(including successor regulations), that each exceed 42 gallons
within any 12-month period--
(i) in the 3 years prior to the certification date of
the Spill Prevention, Control, and Countermeasure plan (as
described in section 112.3 of title 40, Code of Federal
Regulations (including successor regulations); or
(ii) since becoming subject to part 112 of title 40,
Code of Federal Regulations, if the facility has been in
operation for less than 3 years.
(B) Exclusions.--The term ``reportable oil discharge
history'' does not include an oil discharge, as described in
section 112.1(b) of title 40, Code of Federal Regulations
(including successor regulations), that is the result of a
natural disaster, an act of war, or terrorism.
(7) Spill prevention, control, and countermeasure rule.--The
term ``Spill Prevention, Control, and Countermeasure rule'' means
the regulation, including amendments, promulgated by the
Administrator under part 112 of title 40, Code of Federal
Regulations (or successor regulations).
(b) Certification.--In implementing the Spill Prevention, Control,
and Countermeasure rule with respect to any farm, the Administrator
shall--
(1) require certification by a professional engineer for a farm
with--
(A) an individual tank with an aboveground storage capacity
greater than 10,000 gallons;
(B) an aggregate aboveground storage capacity greater than
or equal to 20,000 gallons; or
(C) a reportable oil discharge history; or
(2) allow certification by the owner or operator of the farm
(via self-certification) for a farm with--
(A) an aggregate aboveground storage capacity less than
20,000 gallons and greater than the lesser of--
(i) 6,000 gallons; and
(ii) the adjustment quantity established under
subsection (d)(2); and
(B) no reportable oil discharge history; and
(3) not require compliance with the rule by any farm--
(A) with an aggregate aboveground storage capacity greater
than 2,500 gallons and less than the lesser of--
(i) 6,000 gallons; and
(ii) the adjustment quantity established under
subsection (d)(2); and
(B) no reportable oil discharge history; and
(4) not require compliance with the rule by any farm with an
aggregate aboveground storage capacity of less than 2,500 gallons.
(c) Calculation of Aggregate Aboveground Storage Capacity.--For
purposes of subsection (b), the aggregate aboveground storage capacity
of a farm excludes--
(1) all containers on separate parcels that have a capacity
that is 1,000 gallons or less; and
(2) all containers holding animal feed ingredients approved for
use in livestock feed by the Commissioner of Food and Drugs.
(d) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with the
Secretary of Agriculture, shall conduct a study to determine the
appropriate exemption under paragraphs (2) and (3) of subsection
(b), which shall be not more than 6,000 gallons and not less than
2,500 gallons, based on a significant risk of discharge to water.
(2) Adjustment.--Not later than 18 months after the date on
which the study described in paragraph (1) is complete, the
Administrator, in consultation with the Secretary of Agriculture,
shall promulgate a rule to adjust the exemption levels described in
paragraphs (2) and (3) of subsection (b) in accordance with the
study.
SEC. 1050. NAMINGS.
(a) Donald G. Waldon Lock and Dam.--It is the sense of Congress
that, at an appropriate time and in accordance with the rules of the
Senate and the House of Representatives, to recognize the contributions
of Donald G. Waldon, whose selfless determination and tireless work,
while serving as administrator of the Tennessee-Tombigbee Waterway for
21 years, contributed greatly to the realization and success of the
Tennessee-Tombigbee Waterway Development Compact, that 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''.
(b) Redesignation of Lower Mississippi River Museum and Riverfront
Interpretive Site.--
(1) In general.--Section 103(c)(1) of the Water Resources
Development Act of 1992 (106 Stat. 4811) is amended by striking
``Lower Mississippi River Museum and Riverfront Interpretive Site''
and inserting ``Jesse Brent Lower Mississippi River Museum and
Riverfront Interpretive Site''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the museum
and interpretive site referred to in paragraph (1) shall be deemed
to be a reference to the ``Jesse Brent Lower Mississippi River
Museum and Riverfront Interpretive Site''.
(c) Jerry F. Costello Lock and Dam.--
(1) Redesignation.--The lock and dam located in Modoc,
Illinois, authorized by the Act of July 3, 1930 (46 Stat. 927), and
commonly known as the Kaskaskia Lock and Dam, is redesignated as
the ``Jerry F. Costello Lock and Dam''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the lock
and dam referred to in section 1 shall be deemed to be a reference
to the ``Jerry F. Costello Lock and Dam''.
SEC. 1051. INTERSTATE WATER AGREEMENTS AND COMPACTS.
(a) Water Supply.--Section 301 of the Water Supply Act of 1958 (43
U.S.C. 390b) (as amended by section 1046(d)) is amended by adding at
the end the following:
``(f) 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.''.
(b) Sense of Congress Regarding Interstate Water Agreements and
Compacts.--
(1) Findings.--Congress finds the following:
(A) States and local interests have primary responsibility
for developing water supplies for domestic, municipal,
industrial, and other purposes.
(B) The Federal Government cooperates with States and local
interests in developing water supplies through the
construction, maintenance, and operation of Federal water
resources development projects.
(C) Interstate water disputes are most properly addressed
through interstate water agreements or compacts that take into
consideration the concerns of all affected States.
(2) Sense of congress.--It is the sense of Congress that--
(A) Congress and the Secretary should urge States to reach
agreement on interstate water agreements and compacts;
(B) at the request of the Governor of a State, the
Secretary should facilitate and assist in the development of an
interstate water agreement or compact;
(C) Congress should provide prompt consideration of
interstate water agreements and compacts; and
(D) the Secretary should adopt policies and implement
procedures for the operation of reservoirs of the Corps of
Engineers that are consistent with interstate water agreements
and compacts.
SEC. 1052. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT
BILLS.
It is the sense of Congress that, because the missions of the Corps
of Engineers are unique and benefit all individuals in the United
States and because water resources development projects are critical to
maintaining economic prosperity, national security, and environmental
protection, Congress should consider a water resources development bill
not less than once every Congress.
TITLE II--NAVIGATION
Subtitle A--Inland Waterways
SEC. 2001. DEFINITIONS.
In this title:
(1) Inland waterways trust fund.--The term ``Inland Waterways
Trust Fund'' means the Inland Waterways Trust Fund established by
section 9506(a) of the Internal Revenue Code of 1986.
(2) Qualifying project.--The term ``qualifying project'' means
any construction or major rehabilitation project for navigation
infrastructure of the inland and intracoastal waterways that is--
(A) authorized before, on, or after the date of enactment
of this Act;
(B) not completed on the date of enactment of this Act; and
(C) funded at least in part from the Inland Waterways Trust
Fund.
SEC. 2002. PROJECT DELIVERY PROCESS REFORMS.
(a) Requirements for Qualifying Projects.--With respect to each
qualifying project, the Secretary shall require--
(1) for each project manager, that--
(A) the project manager have formal project management
training and certification; and
(B) the project manager be assigned from among personnel
certified by the Chief of Engineers; and
(2) for an applicable cost estimation, that--
(A) the Secretary utilize a risk-based cost estimate with a
confidence level of at least 80 percent; and
(B) the cost estimate be developed--
(i) for a qualifying project that requires an increase
in the authorized amount in accordance with section 902 of
the Water Resources Development Act of 1986 (33 U.S.C.
2280), during the preparation of a post-authorization
change report or other similar decision document;
(ii) for a qualifying project for which the first
construction contract has not been awarded, prior to the
award of the first construction contract;
(iii) for a qualifying project without a completed
feasibility report in accordance with section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282),
prior to the completion of such a report; and
(iv) for a qualifying project with a completed
feasibility report in accordance with section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282)
that has not yet been authorized, during design for the
qualifying project.
(b) Additional Project Delivery Process Reforms.--Not later than 18
months after the date of enactment of this Act, the Secretary shall--
(1) establish a system to identify and apply on a continuing
basis best management practices from prior or ongoing qualifying
projects to improve the likelihood of on-time and on-budget
completion of qualifying projects;
(2) evaluate early contractor involvement acquisition
procedures to improve on-time and on-budget project delivery
performance; and
(3) implement any additional measures that the Secretary
determines will achieve the purposes of this subtitle, including--
(A) the implementation of applicable practices and
procedures developed pursuant to management by the Secretary of
an applicable military construction program;
(B) the development and use of a portfolio of standard
designs for inland navigation locks, incorporating the use of a
center of expertise for the design and review of qualifying
projects;
(C) the use of full-funding contracts or formulation of a
revised continuing contracts clause; and
(D) the establishment of procedures for recommending new
project construction starts using a capital projects business
model.
(c) Pilot Projects.--
(1) In general.--Subject to paragraph (2), the Secretary may
carry out pilot projects to evaluate processes and procedures for
the study, design, and construction of qualifying projects.
(2) Inclusions.--At a minimum, the Secretary shall carry out
pilot projects under this subsection to evaluate--
(A) early contractor involvement in the development of
features and components;
(B) an appropriate use of continuing contracts for the
construction of features and components; and
(C) applicable principles, procedures, and processes used
for military construction projects.
(d) Inland Waterways Users Board.--Section 302 of the Water
Resources Development Act of 1986 (33 U.S.C. 2251) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Duties of Users Board.--
``(1) In general.--The Users Board shall meet not less
frequently than semiannually to develop and make recommendations to
the Secretary and Congress regarding the inland waterways and
inland harbors of the United States.
``(2) Advice and recommendations.--For commercial navigation
features and components of the inland waterways and inland harbors
of the United States, the Users Board shall provide--
``(A) prior to the development of the budget proposal of
the President for a given fiscal year, advice and
recommendations to the Secretary regarding construction and
rehabilitation priorities and spending levels;
``(B) advice and recommendations to Congress regarding any
feasibility report for a project on the inland waterway system
that has been submitted to Congress pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014;
``(C) advice and recommendations to Congress regarding an
increase in the authorized cost of those features and
components;
``(D) not later than 60 days after the date of the
submission of the budget proposal of the President to Congress,
advice and recommendations to Congress regarding construction
and rehabilitation priorities and spending levels; and
``(E) advice and recommendations on the development of a
long-term capital investment program in accordance with
subsection (d).
``(3) Project development teams.--The chairperson of the Users
Board shall appoint a representative of the Users Board to serve as
an advisor to the project development team for a qualifying project
or the study or design of a commercial navigation feature or
component of the inland waterways and inland harbors of the United
States.
``(4) Independent judgment.--Any advice or recommendation made
by the Users Board to the Secretary shall reflect the independent
judgment of the Users Board.'';
(2) by striking subsection (c) and inserting the following:
``(c) Duties of Secretary.--The Secretary shall--
``(1) communicate not less frequently than once each quarter to
the Users Board the status of the study, design, or construction of
all commercial navigation features or components of the inland
waterways or inland harbors of the United States; and
``(2) submit to the Users Board a courtesy copy of all
completed feasibility reports relating to a commercial navigation
feature or component of the inland waterways or inland harbors of
the United States.
``(d) Capital Investment Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination with
the Users Board, shall develop and submit to Congress a report
describing a 20-year program for making capital investments on the
inland and intracoastal waterways based on the application of
objective, national project selection prioritization criteria.
``(2) Consideration.--In developing the program under paragraph
(1), the Secretary shall take into consideration the 20-year
capital investment strategy contained in the Inland Marine
Transportation System (IMTS) Capital Projects Business Model, Final
Report published on April 13, 2010, as approved by the Users Board.
``(3) Criteria.--In developing the plan and prioritization
criteria under paragraph (1), the Secretary shall ensure, to the
maximum extent practicable, that investments made under the 20-year
program described in paragraph (1)--
``(A) are made in all geographical areas of the inland
waterways system; and
``(B) ensure efficient funding of inland waterways
projects.
``(4) Strategic review and update.--Not later than 5 years
after the date of enactment of this subsection, and not less
frequently than once every 5 years thereafter, the Secretary, in
coordination with the Users Board, shall--
``(A) submit to Congress and make publicly available a
strategic review of the 20-year program in effect under this
subsection, which shall identify and explain any changes to the
project-specific recommendations contained in the previous 20-
year program (including any changes to the prioritization
criteria used to develop the updated recommendations); and
``(B) make revisions to the program, as appropriate.
``(e) Project Management Plans.--The chairperson of the Users Board
and the project development team member appointed by the chairperson
under subsection (b)(3) may sign the project management plan for the
qualifying project or the study or design of a commercial navigation
feature or component of the inland waterways and inland harbors of the
United States.
``(f) Administration.--
``(1) In general.--The Users Board shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), other than section
14, and, with the consent of the appropriate agency head, the Users
Board may use the facilities and services of any Federal agency.
``(2) Members not considered special government employees.--For
the purposes of complying with the Federal Advisory Committee Act
(5 U.S.C. App.), the members of the Users Board shall not be
considered special Government employees (as defined in section 202
of title 18, United States Code).
``(3) Travel expenses.--Non-Federal members of the Users Board
while engaged in the performance of their duties away from their
homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized
by section 5703 of title 5, United States Code.''.
SEC. 2003. EFFICIENCY OF REVENUE COLLECTION.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall prepare a report on the
efficiency of collecting the fuel tax for the Inland Waterways Trust
Fund, which shall include--
(1) an evaluation of whether current methods of collection of
the fuel tax result in full compliance with requirements of the
law;
(2) whether alternative methods of collection would result in
increased revenues into the Inland Waterways Trust Fund; and
(3) an evaluation of alternative collection options.
SEC. 2004. INLAND WATERWAYS REVENUE STUDIES.
(a) Inland Waterways Construction Bonds Study.--
(1) Study.--The Secretary, in coordination with the heads of
appropriate Federal agencies, shall conduct a study on the
potential benefits and implications of authorizing the issuance of
federally tax-exempt bonds secured against the available proceeds,
including projected annual receipts, in the Inland Waterways Trust
Fund established by section 9506(a) of the Internal Revenue Code of
1986.
(2) Contents.--In carrying out the study, the Secretary shall
examine the implications of issuing such bonds, including the
potential revenues that could be generated and the projected net
cost to the Treasury, including loss of potential revenue.
(3) Consultation.--In carrying out the study, the Secretary, at
a minimum, shall consult with--
(A) representatives of the Inland Waterway Users Board
established by section 302 of the Water Resources Development
Act of 1986 (33 U.S.C. 2251);
(B) representatives of the commodities and bulk cargos that
are currently shipped for commercial purposes on the segments
of the inland and intracoastal waterways listed in section 206
of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);
(C) representatives of other users of locks and dams on the
inland and intracoastal waterways, including persons owning,
operating, using, or otherwise benefitting from--
(i) hydropower generation facilities;
(ii) electric utilities that rely on the waterways for
cooling of existing electricity generation facilities;
(iii) municipal and industrial water supply;
(iv) recreation;
(v) irrigation water supply; or
(vi) flood damage reduction; and
(D) other stakeholders associated with the inland and
intracoastal waterways, as identified by the Secretary.
(4) Report to congress.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works, the Committee on
Finance, and the Committee on the Budget of the Senate and the
Committee on Transportation and Infrastructure, the Committee
on Ways and Means, and the Committee on the Budget of the House
of Representatives, and make publicly available, a report on
the results of the study.
(B) Identification of issues.--As part of the report, the
Secretary shall identify any potential benefits or other
implications of the issuance of bonds described in subsection
(a)(1), including any potential changes in Federal or State law
that may be necessary to provide such benefits or to address
such implications.
(b) Potential Revenue Sources for Inland and Intracoastal Waterways
Infrastructure.--
(1) In general.--The Secretary shall conduct a study and submit
to Congress a report on potential revenue sources from which funds
could be collected to generate additional revenues for the Inland
Waterways Trust Fund established by section 9506(a) of the Internal
Revenue Code of 1986.
(2) Scope of study.--
(A) In general.--In carrying out the study, the Secretary
shall evaluate an array of potential revenue sources from which
funds could be collected in amounts that, when combined with
funds generated by section 4042 of the Internal Revenue Code of
1986, are sufficient to support one-half of annual construction
expenditure levels of $380,000,000 for the authorized purposes
of the Inland Waterways Trust Fund.
(B) Potential revenue sources for study.--In carrying out
the study, the Secretary, at a minimum, shall--
(i) evaluate potential revenue sources identified in
and documented by known authorities of the Inland Waterways
System; and
(ii) review appropriate reports and associated
literature related to revenue sources.
(3) Conduct of study.--In carrying out the study, the Secretary
shall--
(A) take into consideration whether the potential revenues
from other sources--
(i) are equitably associated with the construction,
operation, and maintenance of inland and intracoastal
waterway infrastructure, including locks, dams, and
navigation channels; and
(ii) can be efficiently collected;
(B) consult with, at a minimum--
(i) representatives of the Inland Waterways Users
Board; and
(ii) representatives of other nonnavigation
beneficiaries of inland and intracoastal waterway
infrastructure, including persons benefitting from--
(I) municipal water supply;
(II) hydropower;
(III) recreation;
(IV) industrial water supply;
(V) flood damage reduction;
(VI) agricultural water supply;
(VII) environmental restoration;
(VIII) local and regional economic development; or
(IX) local real estate interests; and
(iii) representatives of other interests, as identified
by the Secretary; and
(C) provide the opportunity for public hearings in each of
the geographic regions that contain segments of the inland and
intracoastal waterways listed in section 206 of the Inland
Waterways Revenue Act of 1978 (33 U.S.C. 1804).
(4) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works, the Committee on
Finance, and the Committee on the Budget of the Senate and the
Committee on Transportation and Infrastructure, the Committee on
Ways and Means, and the Committee on the Budget of the House of
Representatives, and make publicly available, a report on the
results of the study.
SEC. 2005. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE.
(a) In General.--The Secretary shall conduct an inland waterways
stakeholder roundtable to provide for a review and evaluation of issues
related to financial management of the inland and intracoastal
waterways.
(b) Selection of Participants.--
(1) In general.--Not later than 45 days after the date on which
the Secretary submits to Congress the report required by section
2004(b), the Secretary, in consultation with the Inland Waterways
Users Board, shall select individuals to be invited to participate
in the stakeholder roundtable.
(2) Composition.--The individuals selected under paragraph (1)
shall include--
(A) representatives of the primary users, shippers, and
suppliers utilizing the inland and intracoastal waterways for
commercial purposes;
(B) representatives of State and Federal agencies having a
direct and substantial interest in the commercial use of the
inland and intracoastal waterways;
(C) representatives of other nonnavigation beneficiaries of
the inland and intracoastal waterways infrastructure, including
individuals benefitting from--
(i) municipal water supply;
(ii) hydropower;
(iii) recreation;
(iv) industrial water supply;
(v) flood damage reduction;
(vi) agricultural water supply;
(vii) environmental restoration;
(viii) local and regional economic development; or
(ix) local real estate interests; and
(D) other interested individuals with significant financial
and engineering expertise and direct knowledge of the inland
and coastal waterways.
(c) Framework and Agenda.--The Secretary shall work with a group of
the individuals selected under subsection (b) to develop the framework
and agenda for the stakeholder roundtable.
(d) Conduct of Stakeholder Roundtable.--
(1) In general.--Not later than 120 days after the date on
which the Secretary submits to Congress the report required by
section 2004(b), the Secretary shall conduct the stakeholder
roundtable.
(2) Issues to be discussed.--The stakeholder roundtable shall
provide for the review and evaluation described in subsection (a)
and shall include the following:
(A) An evaluation of any recommendations that have been
developed to address funding options for the inland and coastal
waterways, including any recommendations in the report required
under section 2004(b).
(B) An evaluation of the funding status of the inland and
coastal waterways.
(C) Identification and evaluation of the ongoing and
projected water infrastructure needs of the inland and coastal
waterways.
(D) Identification of a process for meeting such needs,
with timeline for addressing the funding challenges for the
Inland Waterways Trust Fund.
(e) Report to Congress.--Not later than 180 days after the date on
which the Secretary submits to Congress the report required by section
2004(b), the Secretary shall submit to Congress and make publicly
available a report that contains--
(1) a summary of the stakeholder roundtable, including areas of
concurrence on funding approaches and areas of disagreement in
meeting funding needs; and
(2) recommendations developed by the Secretary for next steps
to address the issues discussed at the stakeholder roundtable.
SEC. 2006. PRESERVING THE INLAND WATERWAY TRUST FUND.
(a) Olmsted Project Reform.--
(1) Definition of olmsted project.--In this subsection, the
term ``Olmsted Project'' means the project for navigation, Lower
Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky,
authorized by section 3(a)(6) of the Water Resources Development
Act of 1988 (102 Stat. 4013).
(2) Olmsted project reform.--Notwithstanding section 3(a)(6) of
the Water Resources Development Act of 1988 (102 Stat. 4013), for
each fiscal year beginning after September 30, 2014, 15 percent of
the cost of construction for the Olmsted Project shall be paid from
amounts appropriated from the Inland Waterways Trust Fund.
(3) Sense of congress.--It is the sense of Congress that the
appropriation for the Olmsted Project should be not less than
$150,000,000 for each fiscal year until construction of the project
is completed.
(4) Rehabilitation of projects.--Section 205(1)(E)(ii) of the
Water Resources Development Act of 1992 (33 U.S.C. 2327(1)(E)(ii))
is amended by striking ``$8,000,000'' and inserting
``$20,000,000''.
SEC. 2007. INLAND WATERWAYS OVERSIGHT.
(a) Report.--Not later than 1 year 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 and make publicly
available a report regarding the lessons learned from the experience of
planning and constructing the Olmsted Project and how such lessons
might apply to future inland waterway studies and projects.
(b) Annual Financial Review.--For any inland waterways project that
the Secretary carries out that has an estimated total cost of
$500,000,000 or more, the Secretary shall submit to the congressional
committees referred to in subsection (a) an annual financial plan for
the project. The plan shall be based on detailed annual estimates of
the cost to complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of any future
increases of the cost to complete the project.
(c) Government Accountability Office Report.--As soon as
practicable after the date of enactment of this Act, the Comptroller
General of the United States shall conduct, and submit to Congress a
report describing the results of, a study to determine why, and to what
extent, the project for navigation, Lower Ohio River, Locks and Dams 52
and 53, Illinois and Kentucky (commonly known as the ``Olmsted Locks
and Dam project''), authorized by section 3(a)(6) of the Water
Resources Development Act of 1988 (102 Stat. 4013), has exceeded the
budget for the project and the reasons why the project failed to be
completed as scheduled, including an assessment of--
(1) engineering methods used for the project;
(2) the management of the project;
(3) contracting for the project;
(4) the cost to the United States of benefits foregone due to
project delays; and
(5) such other contributory factors as the Comptroller General
determines to be appropriate.
SEC. 2008. ASSESSMENT OF OPERATION AND MAINTENANCE NEEDS OF THE
ATLANTIC INTRACOASTAL WATERWAY AND THE GULF INTRACOASTAL WATERWAY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall assess the operation and maintenance
needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway.
(b) Types of Activities.--In carrying out subsection (a), the
Secretary shall assess the operation and maintenance needs of the
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as
used for the following purposes:
(1) Commercial navigation.
(2) Commercial fishing.
(3) Subsistence, including utilization by Indian tribes (as
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) for subsistence and ceremonial
purposes.
(4) Use as ingress and egress to harbors of refuge.
(5) Transportation of persons.
(6) Purposes relating to domestic energy production, including
fabrication, servicing, and supply of domestic offshore energy
production facilities.
(7) Activities of the Secretary of the department in which the
Coast Guard is operating.
(8) Public health and safety related equipment for responding
to coastal and inland emergencies.
(9) Recreation purposes.
(10) Any other authorized purpose.
(c) Report to Congress.--For fiscal year 2015, and biennially
thereafter, in conjunction with the annual budget submission by the
President to Congress under section 1105(a) of title 31, United States
Code, 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 and make publicly
available a report that, with respect to the Atlantic Intracoastal
Waterway and the Gulf Intracoastal Waterway--
(1) identifies the operation and maintenance costs required to
achieve the authorized length, width, and depth;
(2) identifies the amount of funding requested in the
President's budget for operation and maintenance costs; and
(3) identifies the unmet operation and maintenance needs of the
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
SEC. 2009. INLAND WATERWAYS RIVERBANK STABILIZATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and biennially thereafter, the Secretary shall conduct a
study to determine the feasibility of--
(1) carrying out projects for the inland and intracoastal
waterways for purposes of--
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable
to navigation improvements; and
(2) modifying projects for the inland and intracoastal
waterways for the purpose of improving the quality of the
environment.
(b) Recommendations.--In conducting the study, the Secretary shall
develop specific project recommendations and prioritize those
recommendations based on--
(1) the extent of damage and land loss resulting from riverbank
erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public
property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
(c) Disposition.--The Secretary may carry out any project
identified in the study conducted pursuant to subsection (a) in
accordance with the criteria for projects carried out under one of the
following authorities:
(1) Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(2) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(3) Section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i).
(4) Section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a).
(d) Annual Report.--For a project recommended pursuant to the study
that cannot be carried out under any of the authorities specified in
subsection (c), upon a determination by the Secretary of the
feasibility of the project, the Secretary may include a recommendation
concerning the project in the annual report submitted to Congress under
section 7001.
SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION.
(a) Definition of Upper St. Anthony Falls Lock and Dam.--In this
section, the term ``Upper St. Anthony Falls Lock and Dam'' means the
lock and dam located on Mississippi River Mile 853.9 in Minneapolis,
Minnesota.
(b) Mandatory Closure.--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.
(c) Emergency Operations.--Nothing in this section prevents the
Secretary from carrying out emergency lock operations necessary to
mitigate flood damage.
SEC. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT.
Section 1117 of the Water Resources Development Act of 1986 (100
Stat. 4236) is amended to read as follows:
``SEC. 1117. W.D. MAYO LOCK AND DAM.
``(a) In General.--The Cherokee Nation of Oklahoma may--
``(1) design and construct one or more hydroelectric generating
facilities at the W.D. Mayo Lock and Dam on the Arkansas River,
Oklahoma; and
``(2) market the electricity generated from any such facility.
``(b) Preconstruction Requirements.--
``(1) Permits.--Before the date on which construction of a
hydroelectric generating facility begins under subsection (a), the
Cherokee Nation shall obtain any permit required under Federal or
State law, except that the Cherokee Nation shall be exempt from
licensing requirements that may otherwise apply to construction,
operation, or maintenance of the facility under the Federal Power
Act (16 U.S.C. 791a et seq.).
``(2) Review of plans and specifications.--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 Secretary may accept funds offered by
the Cherokee Nation and use such funds to carry out the design and
construction of a hydroelectric generating facility under
subsection (a).
``(2) Allocation of costs.--The Cherokee Nation shall--
``(A) bear all costs associated with the design and
construction of a 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 related to the design and construction.
``(d) Assumption of Liability.--The Cherokee Nation shall--
``(1) hold all title to a hydroelectric generating facility
constructed under subsection (a) and may, subject to the approval
of the Secretary, assign such title to a third party;
``(2) be solely responsible for--
``(A) the operation, maintenance, repair, replacement, and
rehabilitation of the facility; and
``(B) the marketing of the electricity generated by the
facility; and
``(3) 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.--The Secretary may provide technical
and construction management assistance requested by the Cherokee Nation
relating to the design and construction of a 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 are necessary to carry out this section.''.
SEC. 2012. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.
Section 2 of the Freedom to Fish Act (127 Stat. 449) is amended--
(1) in subsection (b)(1) by striking ``2 years after the date
of enactment of this Act'' and inserting ``4 years after the date
of enactment of the Water Resources Reform and Development Act of
2014'';
(2) in the heading of subsection (c) by inserting ``or
Modified'' after ``New''; and
(3) in subsection (c)--
(A) in matter preceding paragraph (1) by inserting ``new or
modified'' after ``establishes any''; and
(B) in paragraph (3) by striking ``2 years after the date
of enactment of this Act'' and inserting ``4 years after the
date of enactment of the Water Resources Reform and Development
Act of 2014''.
SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND WATERWAYS.
Section 102 of the Water Resources Development Act of 1986 (33
U.S.C. 2212) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Floodgates on the Inland Waterways.--
``(1) Operation and maintenance carried out by the secretary.--
Notwithstanding any other provision of law, the Secretary shall be
responsible for the operation and maintenance, including repair, of
any flood gate, as well as any pumping station constructed within
the channel as a single unit with that flood gate, that--
``(A) was constructed as of the date of enactment of the
Water Resources Reform and Development Act of 2014 as a feature
of an authorized hurricane and storm damage reduction project;
and
``(B) crosses an inland or intracoastal waterway described
in section 206 of the Inland Waterways Revenue Act of 1978 (33
U.S.C. 1804).
``(2) Non-federal cost share.--The non-Federal share of the
cost of operation, maintenance, repair, rehabilitation, and
replacement of any structure under this subsection shall be 35
percent.''.
Subtitle B--Port and Harbor Maintenance
SEC. 2101. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.
(a) Definitions.--In this section:
(1) Total amount of harbor maintenance taxes received.--The
term ``total amount of harbor maintenance taxes received'' means,
with respect to a fiscal year, the aggregate of amounts
appropriated, transferred, or credited to the Harbor Maintenance
Trust Fund under section 9505(a) of the Internal Revenue Code of
1986 for that fiscal year as set forth in the current year estimate
provided in the President's budget request for the subsequent
fiscal year, submitted pursuant to section 1105 of title 31, United
States Code.
(2) Total budget resources.--The term ``total budget
resources'' means the total amount made available by appropriations
Acts from the Harbor Maintenance Trust Fund for a fiscal year for
making expenditures under section 9505(c) of the Internal Revenue
Code of 1986.
(b) Target Appropriations.--
(1) In general.--The target total budget resources made
available to the Secretary from the Harbor Maintenance Trust Fund
for a fiscal year shall be not less than the following:
(A) For fiscal year 2015, 67 percent of the total amount of
harbor maintenance taxes received in fiscal year 2014.
(B) For fiscal year 2016, 69 percent of the total amount of
harbor maintenance taxes received in fiscal year 2015.
(C) For fiscal year 2017, 71 percent of the total amount of
harbor maintenance taxes received in fiscal year 2016.
(D) For fiscal year 2018, 74 percent of the total amount of
harbor maintenance taxes received in fiscal year 2017.
(E) For fiscal year 2019, 77 percent of the total amount of
harbor maintenance taxes received in fiscal year 2018.
(F) For fiscal year 2020, 80 percent of the total amount of
harbor maintenance taxes received in fiscal year 2019.
(G) For fiscal year 2021, 83 percent of the total amount of
harbor maintenance taxes received in fiscal year 2020.
(H) For fiscal year 2022, 87 percent of the total amount of
harbor maintenance taxes received in fiscal year 2021.
(I) For fiscal year 2023, 91 percent of the total amount of
harbor maintenance taxes received in fiscal year 2022.
(J) For fiscal year 2024, 95 percent of the total amount of
harbor maintenance taxes received in fiscal year 2023.
(K) For fiscal year 2025, and each fiscal year thereafter,
100 percent of the total amount of harbor maintenance taxes
received in the previous fiscal year.
(2) Use of amounts.--The total budget resources described in
paragraph (1) may be used only for making expenditures under
section 9505(c) of the Internal Revenue Code of 1986.
(c) Impact on Other Funds.--
(1) Sense of congress.--It is the sense of Congress that any
increase in funding for harbor maintenance programs under this
section shall result from an overall increase in appropriations for
the civil works program of the Corps of Engineers and not from
reductions in the appropriations for other programs, projects, and
activities carried out by the Corps of Engineers for other
authorized purposes.
(2) Application.--The target total budget resources for a
fiscal year specified in subsection (b)(1) shall only apply in a
fiscal year for which the level of appropriations provided for the
civil works program of the Corps of Engineers in that fiscal year
is increased, as compared to the previous fiscal year, by a dollar
amount that is at least equivalent to the dollar amount necessary
to address such target total budget resources in that fiscal year.
SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.
(a) In General.--Section 210 of the Water Resources Development Act
of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:
``(c) Operation and Maintenance of Harbor Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall make expenditures to pay for operation and
maintenance costs of the harbors and inland harbors referred to in
subsection (a)(2), including expenditures of funds appropriated
from the Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland harbors.
``(2) Criteria.--
``(A) In general.--In determining an equitable allocation
of funds under paragraph (1), the Secretary shall--
``(i) consider the information obtained in the
assessment conducted under subsection (e);
``(ii) consider the national and regional significance
of harbor operations and maintenance; and
``(iii) as appropriate, consider national security and
military readiness needs.
``(B) Limitation.--The Secretary shall not allocate funds
under paragraph (1) based solely on the tonnage transiting
through a harbor.
``(3) Emerging harbor projects.--Notwithstanding any other
provision of this subsection, in making expenditures under
paragraph (1) for each of fiscal years 2015 through 2022, the
Secretary shall allocate for operation and maintenance costs of
emerging harbor projects an amount that is not less than 10 percent
of the funds made available under this section for fiscal year 2012
to pay the costs described in subsection (a)(2).
``(4) Management of great lakes navigation system.--To sustain
effective and efficient operation and maintenance of the Great
Lakes Navigation System, including any navigation feature in the
Great Lakes that is a Federal responsibility with respect to
operation and maintenance, the Secretary shall manage all of the
individually authorized projects in the Great Lakes Navigation
System as components of a single, comprehensive system, recognizing
the interdependence of the projects.
``(d) Prioritization.--
``(1) Priority.--
``(A) In general.--For each of fiscal years 2015 through
2024, if priority funds are available, the Secretary shall use
the priority funds as follows:
``(i) 90 percent of the priority funds shall be used
for high- and moderate-use harbor projects.
``(ii) 10 percent of the priority funds shall be used
for emerging harbor projects.
``(B) Additional considerations.--For each of fiscal years
2015 through 2024, of the priority funds available, the
Secretary shall use--
``(i) not less than 5 percent of such funds for
underserved harbor projects; and
``(ii) not less than 10 percent of such funds for
projects that are located within the Great Lakes Navigation
System.
``(C) Underserved harbors.--In determining which
underserved harbor projects shall receive funds under this
paragraph, the Secretary shall consider--
``(i) the total quantity of commerce supported by the
water body on which the project is located; and
``(ii) the minimum width and depth that--
``(I) would be necessary at the underserved harbor
project to provide sufficient clearance for fully
loaded commercial vessels using the underserved harbor
project to maneuver safely; and
``(II) does not exceed the constructed width and
depth of the authorized navigation project.
``(2) Expanded uses.--
``(A) Definition of eligible harbor or inland harbor
defined.--In this paragraph, the term `eligible harbor or
inland harbor' means a harbor or inland harbor at which the
total amount of harbor maintenance taxes collected in the
immediately preceding 3 fiscal years exceeds the value of the
work carried out for the harbor or inland harbor using amounts
from the Harbor Maintenance Trust Fund during those 3 fiscal
years.
``(B) Use of expanded uses funds.--
``(i) Fiscal years 2015 through 2024.--For each of
fiscal years 2015 through 2024, of the priority funds
available, the Secretary shall use not less than 10 percent
of such funds for expanded uses carried out at an eligible
harbor or inland harbor.
``(ii) Subsequent fiscal years.--For fiscal year 2025
and each fiscal year thereafter, the Secretary shall use
not less than 10 percent of the priority funds available
for expanded uses carried out at an eligible harbor or
inland harbor.
``(C) Prioritization.--In allocating funds under this
paragraph, the Secretary shall give priority to projects at
eligible harbors or inland harbors for which the difference,
calculated in dollars, is greatest between--
``(i) the total amount of funding made available for
projects at that eligible harbor or inland harbor from the
Harbor Maintenance Trust Fund in the immediately preceding
3 fiscal years; and
``(ii) the total amount of harbor maintenance taxes
collected at that harbor or inland harbor in the
immediately preceding 3 fiscal years.
``(3) Remaining funds.--
``(A) In general.--For each of fiscal years 2015 through
2024, if after fully funding all projects eligible for funding
under paragraphs (1)(B) and (2)(B)(i), priority funds made
available under those paragraphs remain unobligated, the
Secretary shall use those remaining funds to pay for operation
and maintenance costs of any harbor or inland harbor referred
to in subsection (a)(2) based on an equitable allocation of
those funds among the harbors and inland harbors.
``(B) Criteria.--In determining an equitable allocation of
funds under subparagraph (A), the Secretary shall--
``(i) use the criteria specified in subsection
(c)(2)(A); and
``(ii) make amounts available in accordance with the
requirements of paragraph (1)(A).
``(4) Emergency expenditures.--Nothing in this subsection
prohibits the Secretary from making an expenditure to pay for the
operation and maintenance costs of a specific harbor or inland
harbor, including the transfer of funding from the operation and
maintenance of a separate project, if--
``(A) the Secretary determines that the action is necessary
to address the navigation needs of a harbor or inland harbor
where safe navigation has been severely restricted due to an
unforeseen event; and
``(B) the Secretary provides within 90 days of the action
notice and information on the need for the action to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives.
``(e) Assessment of Harbors and Inland Harbors.--
``(1) In general.--Not later than 270 days after the date of
enactment of this subsection, and biennially thereafter, the
Secretary shall assess the operation and maintenance needs and uses
of the harbors and inland harbors referred to in subsection (a)(2).
``(2) Assessment of harbor needs and activities.--
``(A) Total operation and maintenance needs of harbors.--In
carrying out paragraph (1), the Secretary shall identify--
``(i) the total future costs required to achieve and
maintain the constructed width and depth for the harbors
and inland harbors referred to in subsection (a)(2); and
``(ii) the total expected costs for expanded uses at
eligible harbors or inland harbors referred to in
subsection (d)(2).
``(B) Uses of harbors and inland harbors.--In carrying out
paragraph (1), the Secretary shall identify current uses (and,
to the extent practicable, assess the national, regional, and
local benefits of such uses) of harbors and inland harbors
referred to in subsection (a)(2), including the use of those
harbors for--
``(i) commercial navigation, including the movement of
goods;
``(ii) domestic trade;
``(iii) international trade;
``(iv) commercial fishing;
``(v) subsistence, including use by Indian tribes (as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)) for subsistence
and ceremonial purposes;
``(vi) use as a harbor of refuge;
``(vii) transportation of persons;
``(viii) purposes relating to domestic energy
production, including the fabrication, servicing, or supply
of domestic offshore energy production facilities;
``(ix) activities of the Secretary of the department in
which the Coast Guard is operating;
``(x) activities of the Secretary of the Navy;
``(xi) public health and safety related equipment for
responding to coastal and inland emergencies;
``(xii) recreation purposes; and
``(xiii) other authorized purposes.
``(3) Report to congress.--
``(A) In general.--For fiscal year 2016, and biennially
thereafter, in conjunction with the President's annual budget
submission to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to the Committee
on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that,
with respect to harbors and inland harbors referred to in
subsection (a)(2)--
``(i) identifies the operation and maintenance costs
associated with the harbors and inland harbors, including
those costs required to achieve and maintain the
constructed width and depth for the harbors and inland
harbors and the costs for expanded uses at eligible harbors
and inland harbors, on a project-by-project basis;
``(ii) identifies the amount of funding requested in
the President's budget for the operation and maintenance
costs associated with the harbors and inland harbors, on a
project-by-project basis;
``(iii) identifies the unmet operation and maintenance
needs associated with the harbors and inland harbors, on a
project-by-project basis; and
``(iv) identifies the harbors and inland harbors for
which the President will allocate funding over the
subsequent 5 fiscal years for operation and maintenance
activities, on a project-by-project basis, including the
amounts to be allocated for such purposes.
``(B) Public availability.--The Secretary shall make the
report submitted under subparagraph (A) available to the
public, including on the Internet.
``(f) Definitions.--In this section:
``(1) Constructed width and depth.--The term `constructed width
and depth' means the width and depth to which a project has been
constructed, which may not exceed the authorized width and depth of
the project.
``(2) Emerging harbor project.--The term `emerging harbor
project' means a project that is assigned to a harbor or inland
harbor referred to in subsection (a)(2) that transits less than
1,000,000 tons of cargo annually.
``(3) Expanded uses.--The term `expanded uses' means the
following activities:
``(A) The maintenance dredging of a berth in a harbor that
is accessible to a Federal navigation project and that benefits
commercial navigation at the harbor.
``(B) The maintenance dredging and disposal of legacy-
contaminated sediment, and sediment unsuitable for open water
disposal, if--
``(i) such dredging and disposal benefits commercial
navigation at the harbor; and
``(ii) such sediment is located in and affects the
maintenance of a Federal navigation project or is located
in a berth that is accessible to a Federal navigation
project.
``(4) Great lakes navigation system.--The term `Great Lakes
Navigation System' includes--
``(A)(i) Lake Superior;
``(ii) Lake Huron;
``(iii) Lake Michigan;
``(iv) Lake Erie; and
``(v) Lake Ontario;
``(B) all connecting waters between the lakes referred to
in subparagraph (A) used for commercial navigation;
``(C) any navigation features in the lakes referred to in
subparagraph (A) or waters described in subparagraph (B) that
are a Federal operation or maintenance responsibility; and
``(D) areas of the Saint Lawrence River that are operated
or maintained by the Federal Government for commercial
navigation.
``(5) Harbor maintenance tax.--The term `harbor maintenance
tax' means the amounts collected under section 4461 of the Internal
Revenue Code of 1986.
``(6) High-use harbor project.--The term `high-use harbor
project' means a project that is assigned to a harbor or inland
harbor referred to in subsection (a)(2) that transits not less than
10,000,000 tons of cargo annually.
``(7) Moderate-use harbor project.--The term `moderate-use
harbor project' means a project that is assigned to a harbor or
inland harbor referred to in subsection (a)(2) that transits
annually--
``(A) more than 1,000,000 tons of cargo; but
``(B) less than 10,000,000 tons of cargo.
``(8) Priority funds.--The term `priority funds' means the
difference between--
``(A) the total funds that are made available under this
section to pay the costs described in subsection (a)(2) for a
fiscal year; and
``(B) the total funds made available under this section to
pay the costs described in subsection (a)(2) in fiscal year
2012.
``(9) Underserved harbor project.--
``(A) In general.--The term `underserved harbor project'
means a project that is assigned to a harbor or inland harbor
referred to in subsection (a)(2)--
``(i) that is a moderate-use harbor project or an
emerging harbor project;
``(ii) that has been maintained at less than the
constructed width and depth of the project during each of
the preceding 6 fiscal years; and
``(iii) for which State and local investments in
infrastructure have been made at those projects during the
preceding 6 fiscal years.
``(B) Administration.--For purposes of this paragraph,
State and local investments in infrastructure shall include
infrastructure investments made using amounts made available
for activities under section 105(a)(9) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).''.
(b) Operation and Maintenance.--Section 101(b)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) is amended by
striking ``45 feet'' and inserting ``50 feet''.
(c) Conforming Amendment.--Section 9505(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``(as in effect on the date
of the enactment of the Water Resources Development Act of 1996)''.
SEC. 2103. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE.
Section 2033(e) of the Water Resources Development Act of 2007 (33
U.S.C. 2282a(e)) is amended by adding at the end the following:
``(3) Deep draft navigation planning center of expertise.--
``(A) In general.--The Secretary shall consolidate deep
draft navigation expertise within the Corps of Engineers into a
deep draft navigation planning center of expertise.
``(B) List.--Not later than 60 days after the date of the
consolidation required under subparagraph (A), 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 list of the
grade levels and expertise of each of the personnel assigned to
the center described in subparagraph (A).''.
SEC. 2104. REMOTE AND SUBSISTENCE HARBORS.
Section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B) by inserting ``or Alaska'' after
``Hawaii''; and
(B) in paragraph (2)--
(i) by striking ``community'' and inserting ``region'';
and
(ii) by inserting ``, as determined by the Secretary,
including consideration of information provided by the non-
Federal interest'' after ``improvement''; and
(2) by adding at the end the following:
``(c) Prioritization.--Projects recommended by the Secretary under
subsection (a) shall be given equivalent budget consideration and
priority as projects recommended solely by national economic
development benefits.
``(d) Disposition.--
``(1) In general.--The Secretary may carry out any project
identified in the study carried out pursuant to subsection (a) in
accordance with the criteria for projects carried out under the
authority of the Secretary under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577).
``(2) Non-federal interests.--In evaluating and implementing a
project under this section, the Secretary shall allow a non-Federal
interest to participate in the financing of a project in accordance
with the criteria established for flood control projects under
section 903(c) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4184).
``(e) Annual Report.--For a project that cannot be carried out
under the authority specified in subsection (d), on a determination by
the Secretary of the feasibility of the project under subsection (a),
the Secretary may include a recommendation concerning the project in
the annual report submitted to Congress under section 7001.''.
SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.
(a) In General.--The Secretary may provide technical assistance to
non-Federal public entities, including Indian tribes (as defined in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)), for the development, construction, operation, and
maintenance of channels, harbors, and related infrastructure associated
with deep draft ports for purposes of dealing with Arctic development
and security needs.
(b) Acceptance of Funds.--The Secretary is authorized to accept and
expend funds provided by non-Federal public entities, including Indian
tribes (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)), to carry out the technical
assistance activities described in subsection (a).
(c) Limitation.--No assistance may be provided under this section
until after the date on which the entity to which that assistance is to
be provided enters into a written agreement with the Secretary that
includes such terms and conditions as the Secretary determines to be
appropriate and in the public interest.
(d) Prioritization.--The Secretary shall prioritize technical
assistance provided under this section for Arctic deep draft ports
identified by the Secretary, the Secretary of Homeland Security, and
the Secretary of Defense as important for Arctic development and
security.
SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER
PORTS.
(a) Definitions.--In this section:
(1) Cargo container.--The term ``cargo container'' means a
cargo container that is 1 Twenty-foot Equivalent Unit.
(2) Donor port.--The term ``donor port'' means a port--
(A) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulations (or a
successor regulation);
(B) at which the total amount of harbor maintenance taxes
collected comprise not less than $15,000,000 annually of the
total funding of the Harbor Maintenance Trust Fund established
under section 9505 of the Internal Revenue Code of 1986;
(C) that received less than 25 percent of the total amount
of harbor maintenance taxes collected at that port in the
previous 5 fiscal years; and
(D) that is located in a State in which more than 2,000,000
cargo containers were unloaded from or loaded on to vessels in
fiscal year 2012.
(3) Energy commodity.--The term ``energy commodity'' includes--
(A) petroleum products;
(B) natural gas;
(C) coal;
(D) wind and solar energy components; and
(E) biofuels.
(4) Energy transfer port.--The term ``energy transfer port''
means a port--
(A) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulation (or any
successor regulation); and
(B)(i) at which energy commodities comprised greater than
25 percent of all commercial activity by tonnage in fiscal year
2012; and
(ii) through which more than 40,000,000 tons of cargo were
transported in fiscal year 2012.
(5) Expanded uses.--The term ``expanded uses'' has the meaning
given the term in section 210(f) of the Water Resources Development
Act of 1986 (33 U.S.C. 2238(f)).
(6) Harbor maintenance tax.--The term ``harbor maintenance
tax'' has the meaning given the term in section 210(f) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(f)).
(b) Authority.--
(1) In general.--Subject to the availability of appropriations,
the Secretary may provide to donor ports and energy transfer ports
amounts in accordance with this section.
(2) Limitations.--Amounts provided under this section--
(A) for energy transfer ports shall be divided equally
among all States with an energy transfer port; and
(B) shall be made available to a port as either a donor
port or an energy transfer port and no port may receive amounts
as both a donor port and an energy transfer port.
(c) Use of Funds.--Amounts provided under this section may be used
by a donor port or an energy transfer port--
(1) to provide payments to importers entering cargo or shippers
transporting cargo through that port, as calculated by U.S. Customs
and Border Protection according to the amount of harbor maintenance
taxes collected;
(2) for expanded uses; or
(3) for environmental remediation related to dredging berths
and Federal navigation channels.
(d) Administration of Payments.--If a donor port or an energy
transfer port elects to provide payments to importers or shippers under
subsection (c), the Secretary shall transfer the amount that would
otherwise be provided to the port under this section that is equal to
those payments to the Commissioner of U.S. Customs and Border
Protection to provide the payments to the importers or shippers.
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall assess the impact of
the authority provided by this section 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
and make publicly available a report on the results of that
assessment, including any recommendations for amending or
reauthorizing the authority.
(2) Factors.--In carrying out the assessment under paragraph
(1), the Secretary shall assess--
(A) the impact of the amounts provided and used under this
section on those ports that received funds under this section;
and
(B) any impact on domestic harbors and ports that did not
receive funds under this section.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years 2015
through 2018.
(2) Division between donor ports and energy transfer ports.--
For each fiscal year, amounts made available to carry out this
section shall be provided in equal amounts to donor ports and
energy transfer ports.
(3) Additional appropriations.--If the target total budget
resources under subparagraphs (A) through (D) of section 2101(b)(1)
are met for each of fiscal years 2015 through 2018, there is
authorized to be appropriated to carry out this section $50,000,000
for each of fiscal years 2019 through 2022.
SEC. 2107. PRESERVING UNITED STATES HARBORS.
(a) In General.--Upon a request from a non-Federal interest, the
Secretary shall review a report developed by the non-Federal interest
that provides an economic justification for Federal investment in the
operation and maintenance of a federally authorized harbor or inland
harbor (referred to in this section as a ``federally authorized
harbor'').
(b) Justification of Investment.--A report submitted under
subsection (a) may provide for an economic justification of Federal
investment in the operation and maintenance of a federally authorized
harbor based on--
(1) the projected economic benefits, including transportation
savings and job creation; and
(2) other factors, including navigation safety, national
security, and sustainability of subsistence harbors.
(c) Written Response.--Not later than 180 days after the date on
which the Secretary receives a report under subsection (a), the
Secretary shall provide to the non-Federal interest a written response
to the report, including an assessment of the information provided by
the non-Federal interest.
(d) Prioritization.--As the Secretary determines to be appropriate,
the Secretary may use the information provided in the report under
subsection (a) to justify additional operation and maintenance funding
for a federally authorized harbor in accordance with section 101(b) of
the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)).
(e) Limitation on Statutory Construction.--Nothing in this section
may be construed to preclude the operation and maintenance of a
federally authorized harbor under section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)).
TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS
Subtitle A--Dam Safety
SEC. 3001. DAM SAFETY.
(a) Administrator.--
(1) In general.--The National Dam Safety Program Act (33 U.S.C.
467 et seq.) is amended by striking ``Director'' each place it
appears and inserting ``Administrator''.
(2) Conforming amendment.--Section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(C) by inserting before paragraph (2) (as redesignated by
subparagraph (B)) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.''.
(b) Inspection of Dams.--Section 3(b)(1) of the National Dam Safety
Program Act (33 U.S.C. 467a(b)(1)) is amended by striking ``or
maintenance'' and inserting ``maintenance, condition, or provisions for
emergency operations''.
(c) National Dam Safety Program.--
(1) Objectives.--Section 8(c) of the National Dam Safety
Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph
(4) and inserting the following:
``(4) develop and implement a comprehensive dam safety hazard
education and public awareness initiative to assist the public in
preparing for, mitigating, responding to, and recovering from dam
incidents;''.
(2) Board.--Section 8(f)(4) of the National Dam Safety Program
Act (33 U.S.C. 467f(f)(4)) is amended by inserting ``,
representatives from nongovernmental organizations,'' after ``State
agencies''.
(d) Public Awareness and Outreach for Dam Safety.--The National Dam
Safety Program Act (33 U.S.C. 467 et seq.) is amended--
(1) by redesignating sections 11, 12, and 13 as sections 12,
13, and 14, respectively; and
(2) by inserting after section 10 (33 U.S.C. 467g-1) the
following:
``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.
``The Administrator, in consultation with other Federal agencies,
State and local governments, dam owners, the emergency management
community, the private sector, nongovernmental organizations and
associations, institutions of higher education, and any other
appropriate entities shall, subject to the availability of
appropriations, carry out a nationwide public awareness and outreach
initiative to assist the public in preparing for, mitigating,
responding to, and recovering from dam incidents.''.
(e) Authorization of Appropriations.--
(1) National dam safety program.--
(A) Annual amounts.--Section 14(a)(1) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated)
is amended by striking ``$6,500,000'' and all that follows
through ``2011'' and inserting ``$9,200,000 for each of fiscal
years 2015 through 2019''.
(B) Maximum amount of allocation.--Section 14(a)(2)(B) of
the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B))
(as so redesignated) is amended--
(i) by striking ``The amount'' and inserting the
following:
``(i) In general.--The amount''; and
(ii) by adding at the end the following:
``(ii) Fiscal year 2015 and subsequent fiscal years.--
For fiscal year 2015 and each subsequent fiscal year, the
amount of funds allocated to a State under this paragraph
may not exceed the amount of funds committed by the State
to implement dam safety activities.''.
(2) National dam inventory.--Section 14(b) of the National Dam
Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) is
amended by striking ``$650,000'' and all that follows through
``2011'' and inserting ``$500,000 for each of fiscal years 2015
through 2019''.
(3) Public awareness.--Section 14 of the National Dam Safety
Program Act (33 U.S.C. 467j) (as so redesignated) is amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(B) by inserting after subsection (b) the following:
``(c) Public Awareness.--There is authorized to be appropriated to
carry out section 11 $1,000,000 for each of fiscal years 2015 through
2019.''.
(4) Research.--Section 14(d) of the National Dam Safety Program
Act (as so redesignated) is amended by striking ``$1,600,000'' and
all that follows through ``2011'' and inserting ``$1,450,000 for
each of fiscal years 2015 through 2019''.
(5) Dam safety training.--Section 14(e) of the National Dam
Safety Program Act (as so redesignated) is amended by striking
``$550,000'' and all that follows through ``2011'' and inserting
``$750,000 for each of fiscal years 2015 through 2019''.
(6) Staff.--Section 14(f) of the National Dam Safety Program
Act (as so redesignated) is amended by striking ``$700,000'' and
all that follows through ``2011'' and inserting ``$1,000,000 for
each of fiscal years 2015 through 2019''.
(f) Technical Amendment.--Section 14(a)(1) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) is
amended by striking ``sections 7, 8, and 11'' and inserting ``sections
7, 8, and 12''.
Subtitle B--Levee Safety
SEC. 3011. SYSTEMWIDE IMPROVEMENT FRAMEWORK.
A levee system shall remain eligible for rehabilitation assistance
under the authority provided by section 5 of the Act of August 18, 1941
(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. 3012. MANAGEMENT OF FLOOD RISK REDUCTION PROJECTS.
(a) In General.--If 2 or more flood control projects are located
within the same geographic area, the Secretary shall, at the request of
the non-Federal interests for the affected projects, consider those
projects as a single program for budgetary or project management
purposes, if the Secretary determines that doing so would not be
incompatible with the authorized project purposes.
(b) Cost Share.--
(1) In general.--If any work on a project to which subsection
(a) applies is required solely because of impacts to that project
from a navigation project, the cost of carrying out that work shall
be shared in accordance with the cost-sharing requirements for the
navigation project.
(2) Use of amounts.--Work described in paragraph (1) may be
carried out using amounts made available under subsection (a).
SEC. 3013. VEGETATION MANAGEMENT POLICY.
(a) Definition of Guidelines.--In this section, the term
``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.--The Secretary shall carry out a comprehensive review
of the 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 the greatest benefits for public 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 species of concern, including 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) determining how vegetation impacts the performance of a
levee or levee system during a storm or flood event;
(F) the available science and the historical record
regarding the link between vegetation on levees and flood risk;
(G) the avoidance of actions requiring significant economic
costs and environmental impacts; and
(H) 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 factors that promote and allow for
consideration of variances from guidelines on a Statewide,
tribal, regional, or watershed basis, including variances based
on--
(i) regional or watershed 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 and conflicts with or violations
of Federal or State environmental laws;
(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 guidelines, if
appropriate.
(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.--
(A) Regional integration teams.--Corps of Engineers
Regional Integration Teams, representing districts, divisions,
and headquarters, in consultation with State and Federal
resource agencies, and with participation by local agencies,
shall submit to the Secretary any recommendations for
vegetation management policies for levees that conform with
Federal and State laws and other applicable requirements,
including recommendations relating to the review of guidelines
under subsection (b) and the consideration of variances under
subsection (c)(2).
(B) State, tribal, regional, and local entities.--The
Secretary shall consider and accept recommendations from any
State, tribal, regional, or local entity for vegetation
management policies for levees that conform with Federal and
State laws and other applicable requirements, including
recommendations relating to the review of guidelines under
subsection (b) and the consideration of variances under
subsection (c)(2).
(e) Independent Consultation.--
(1) In general.--As part of the review, the Secretary shall
solicit and consider the views of independent experts on the
engineering, environmental, and institutional considerations
underlying the 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 independent
experts obtained under paragraph (1) shall be--
(A) made available to the public; and
(B) included in supporting materials issued in connection
with the revised guidelines required under subsection (f).
(f) Revision of Guidelines.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall--
(A) revise the 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 views received under subsection (e);
(B) provide the public not less than 30 days to review and
comment on draft guidelines before issuing final guidelines;
and
(C) submit to Congress and make publicly available 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 guidelines
shall--
(A) provide a practical, flexible process for approving
Statewide, tribal, regional, or watershed variances from the
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--
(I) are consistent with the guidelines; and
(II) have been adopted through a formal public
process; and
(B) be incorporated into the manual proposed under section
5(c) of the Act of 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) Interim Actions.--
(1) In general.--Until the date on which revisions to the
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 guidelines are adopted in accordance with subsection (f), the
Secretary shall reconsider, on request of an affected entity, any
previous action of the Corps of Engineers in which the outcome was
affected by the former guidelines.
SEC. 3014. LEVEE CERTIFICATIONS.
(a) Implementation of Flood Protection Structure Accreditation Task
Force.--In carrying out section 100226 of Public Law 112-141 (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 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.--
(1) In general.--On receipt of a request from a non-Federal
interest, the Secretary may carry out a levee system evaluation 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
will be carried out earlier than such an evaluation would be
carried out under subsection (a).
(2) Requirements.--A levee system evaluation 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 Administrator of the
Federal Emergency Management Agency, may establish.
(3) Funding.--
(A) In general.--The Secretary may use amounts made
available under section 22 of the Water Resources Development
Act of 1974 (42 U.S.C. 1962d-16) to carry out this subsection.
(B) Cost share.--The Secretary shall apply the cost share
under section 22(b) of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16(b)) to any activities carried out
under this subsection.
SEC. 3015. 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 non-Federal interest
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 interest for
assistance under this section.''; and
(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. 3016. LEVEE SAFETY.
(a) Purposes.--Section 9001 of the Water Resources Development Act
of 2007 (33 U.S.C. 3301 note) is amended--
(1) in the section heading, by inserting ``; purposes'' after
``title'';
(2) by striking ``This title'' and inserting the following:
``(a) Short Title.--This title''; and
(3) by adding at the end the following:
``(b) Purposes.--The purposes of this title are--
``(1) to ensure that human lives and property that are
protected by new and existing levees are safe;
``(2) to encourage the use of appropriate engineering policies,
procedures, and technical practices for levee site investigation,
design, construction, operation and maintenance, inspection,
assessment, and emergency preparedness;
``(3) to develop and support public education and awareness
projects to increase public acceptance and support of levee safety
programs and provide information;
``(4) to build public awareness of the residual risks
associated with living in levee protected areas;
``(5) to develop technical assistance materials, seminars, and
guidelines to improve the security of levees of the United States;
and
``(6) to encourage the establishment of effective State and
tribal levee safety programs.''.
(b) Definitions.--Section 9002 of the Water Resources Development
Act of 2007 (33 U.S.C. 3301) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5), and
(6), as paragraphs (3), (6), (7), (14), (15), and (16),
respectively;
(2) by inserting before paragraph (3) (as redesignated by
paragraph (1)) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Canal structure.--
``(A) In general.--The term `canal structure' means an
embankment, wall, or structure along a canal or manmade
watercourse that--
``(i) constrains water flows;
``(ii) is subject to frequent water loading; and
``(iii) is an integral part of a flood risk reduction
system that protects the leveed area from flood waters
associated with hurricanes, precipitation events, seasonal
high water, and other weather-related events.
``(B) Exclusion.--The term `canal structure' does not
include a barrier across a watercourse.'';
(3) by inserting after paragraph (3) (as redesignated by
paragraph (1)) the following:
``(4) Floodplain management.--The term `floodplain management'
means the operation of a community program of corrective and
preventative measures for reducing flood damage.
``(5) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).''; and
(4) by striking paragraph (7) (as redesignated by paragraph
(1)) and inserting the following:
``(7) Levee.--
``(A) In general.--The term `levee' means a manmade barrier
(such as an embankment, floodwall, or other structure)--
``(i) the primary purpose of which is to provide
hurricane, storm, or flood protection relating to seasonal
high water, storm surges, precipitation, or other weather
events; and
``(ii) that is normally subject to water loading for
only a few days or weeks during a calendar year.
``(B) Inclusions.--The term `levee' includes a levee
system, including--
``(i) levees and canal structures that--
``(I) constrain water flows;
``(II) are subject to more frequent water loading;
and
``(III) do not constitute a barrier across a
watercourse; and
``(ii) roadway and railroad embankments, but only to
the extent that the embankments are integral to the
performance of a flood damage reduction system.
``(C) Exclusions.--The term `levee' does not include--
``(i) a roadway or railroad embankment that is not
integral to the performance of a flood damage reduction
system;
``(ii) a canal constructed completely within natural
ground without any manmade structure (such as an embankment
or retaining wall to retain water or a case in which water
is retained only by natural ground);
``(iii) a canal regulated by a Federal or State agency
in a manner that ensures that applicable Federal safety
criteria are met;
``(iv) a levee or canal structure--
``(I) that is not a part of a Federal flood damage
reduction system;
``(II) that is not recognized under the National
Flood Insurance Program as providing protection from
the 1-percent-annual-chance or greater flood;
``(III) that is not greater than 3 feet high;
``(IV) the population in the leveed area of which
is less than 50 individuals; and
``(V) the leveed area of which is less than 1,000
acres; or
``(v) any shoreline protection or river bank protection
system (such as revetments or barrier islands).
``(8) Levee feature.--The term `levee feature' means a
structure that is critical to the functioning of a levee,
including--
``(A) an embankment section;
``(B) a floodwall section;
``(C) a closure structure;
``(D) a pumping station;
``(E) an interior drainage work; and
``(F) a flood damage reduction channel.
``(9) Levee system.--The term `levee system' means 1 or more
levee segments, including all levee features that are
interconnected and necessary to ensure protection of the associated
leveed areas--
``(A) that collectively provide flood damage reduction to a
defined area; and
``(B) the failure of 1 of which may result in the failure
of the entire system.
``(10) National levee database.--The term `national levee
database' means the levee database established under section 9004.
``(11) Participating program.--The term `participating program'
means a levee safety program developed by a State or Indian tribe
that includes the minimum components necessary for recognition by
the Secretary.
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, removal of a levee, or
reconfiguration of a levee system, including a setback levee, that
is carried out to reduce flood risk or meet national levee safety
guidelines.
``(13) Risk.--The term `risk' means a measure of the
probability and severity of undesirable consequences.''.
(c) Committee on Levee Safety.--Section 9003 of the Water Resources
Development Act of 2007 (33 U.S.C. 3302) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Nonvoting members.--The following 2 nonvoting members:
``(A) The Secretary (or a designee of the Secretary).
``(B) The Administrator (or a designee of the
Administrator).'';
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as redesignated by subparagraph (B))
by inserting ``voting'' after ``14'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by striking subsections (c) through (f) and inserting the
following:
``(c) Administration.--
``(1) Terms of voting members.--
``(A) In general.--A voting member of the committee shall
be appointed for a term of 3 years, except that, of the members
first appointed--
``(i) 5 shall be appointed for a term of 1 year;
``(ii) 5 shall be appointed for a term of 2 years; and
``(iii) 4 shall be appointed for a term of 3 years.
``(B) Reappointment.--A voting member of the committee may
be reappointed to the committee, as the Secretary determines to
be appropriate.
``(C) Vacancies.--A vacancy on the committee shall be
filled in the same manner as the original appointment was made.
``(2) Chairperson.--
``(A) In general.--The voting members of the committee
shall appoint a chairperson from among the voting members of
the committee.
``(B) Term.--The chairperson shall serve a term of not more
than 2 years.
``(d) Standing Committees.--
``(1) In general.--The committee may establish standing
committees comprised of volunteers from all levels of government
and the private sector, to advise the committee regarding specific
levee safety issues, including participating programs, technical
issues, public education and awareness, and safety and the
environment.
``(2) Membership.--The committee shall recommend to the
Secretary for approval individuals for membership on the standing
committees.
``(e) Duties and Powers.--The committee--
``(1) shall submit to the Secretary and Congress an annual
report regarding the effectiveness of the levee safety initiative
in accordance with section 9006; and
``(2) may secure from other Federal agencies such services, and
enter into such contracts, as the committee determines to be
necessary to carry out this subsection.
``(f) Task Force Coordination.--The committee shall, to the maximum
extent practicable, coordinate the activities of the committee with the
Federal Interagency Floodplain Management Task Force.
``(g) Compensation.--
``(1) Federal employees.--Each member of the committee who is
an officer or employee of the United States--
``(A) shall serve without compensation in addition to
compensation received for the services of the member as an
officer or employee of the United States; but
``(B) shall be allowed a per diem allowance for travel
expenses, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the committee.
``(2) Non-federal employees.--To the extent amounts are made
available to carry out this section in appropriations Acts, the
Secretary shall provide to each member of the committee who is not
an officer or employee of the United States a stipend and a per
diem allowance for travel expenses, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular place of
business of the member in performance of services for the
committee.
``(3) Standing committee members.--Each member of a standing
committee shall serve in a voluntary capacity.''.
(d) Inventory of Levees.--Section 9004 of the Water Resources
Development Act of 2007 (33 U.S.C. 3303) is amended--
(1) in subsection (a)(2)(A) by striking ``and, for non-Federal
levees, such information on levee location as is provided to the
Secretary by State and local governmental agencies'' and inserting
``and updated levee information provided by States, Indian tribes,
Federal agencies, and other entities''; and
(2) by adding at the end the following:
``(c) Levee Review.--
``(1) In general.--The Secretary shall carry out a one-time
inventory and review of all levees identified in the national levee
database.
``(2) No federal interest.--The inventory and inspection under
paragraph (1) does not create a Federal interest in the
construction, operation, or maintenance of any levee that is
included in the inventory or inspected under this subsection.
``(3) Review criteria.--In carrying out the inventory and
review, the Secretary shall use the levee safety action
classification criteria to determine whether a levee should be
classified in the inventory as requiring a more comprehensive
inspection.
``(4) State and tribal participation.--At the request of a
State or Indian tribe with respect to any levee subject to review
under this subsection, the Secretary shall--
``(A) allow an official of the State or Indian tribe to
participate in the review of the levee; and
``(B) provide information to the State or Indian tribe
relating to the location, construction, operation, or
maintenance of the levee.
``(5) Exceptions.--In carrying out the inventory and review
under this subsection, the Secretary shall not be required to
review any levee that has been inspected by a State or Indian tribe
using the same methodology described in paragraph (3) during the 1-
year period immediately preceding the date of enactment of this
subsection if the Governor of the State or chief executive of the
tribal government, as applicable, requests an exemption from the
review.''.
(e) Levee Safety Initiative.--
(1) In general.--Sections 9005 and 9006 of the Water Resources
Development Act of 2007 (33 U.S.C. 3304, 3305) are redesignated as
sections 9007 and 9008, respectively.
(2) Levee safety initiative.--Title IX of the Water Resources
Development Act of 2007 (33 U.S.C. 3301 et seq.) is amended by
inserting after section 9004 the following:
``SEC. 9005. LEVEE SAFETY INITIATIVE.
``(a) Establishment.--The Secretary, in consultation with the
Administrator, shall carry out a levee safety initiative.
``(b) Management.--The Secretary shall appoint--
``(1) an administrator of the levee safety initiative; and
``(2) such staff as are necessary to implement the initiative.
``(c) Levee Safety Guidelines.--
``(1) Establishment.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in consultation with
the Administrator and in coordination with State, local, and tribal
governments and organizations with expertise in levee safety, shall
establish a set of voluntary, comprehensive, national levee safety
guidelines that--
``(A) are available for common, uniform use by all Federal,
State, tribal, and local agencies;
``(B) incorporate policies, procedures, standards, and
criteria for a range of levee types, canal structures, and
related facilities and features; and
``(C) provide for adaptation to local, regional, or
watershed conditions.
``(2) Requirement.--The policies, procedures, standards, and
criteria under paragraph (1)(B) shall be developed taking into
consideration the levee hazard potential classification system
established under subsection (d).
``(3) Incorporation.--The guidelines shall address, to the
maximum extent practicable--
``(A) the activities and practices carried out by State,
local, and tribal governments, and the private sector to safely
build, regulate, operate, and maintain levees; and
``(B) Federal activities that facilitate State efforts to
develop and implement effective State programs for the safety
of levees, including levee inspection, levee rehabilitation,
locally developed floodplain management, and public education
and training programs.
``(4) Consideration by federal agencies.--To the maximum extent
practicable, all Federal agencies shall consider the levee safety
guidelines in carrying out activities relating to the management of
levees.
``(5) Public comment.--Prior to finalizing the guidelines under
this subsection, the Secretary shall--
``(A) issue draft guidelines for public comment, including
comment by States, non-Federal interests, and other appropriate
stakeholders; and
``(B) consider any comments received in the development of
final guidelines.
``(d) Hazard Potential Classification System.--
``(1) Establishment.--The Secretary shall establish a hazard
potential classification system for use under the levee safety
initiative and participating programs.
``(2) Revision.--The Secretary shall review and, as necessary,
revise the hazard potential classification system not less
frequently than once every 5 years.
``(3) Consistency.--The hazard potential classification system
established pursuant to this subsection shall be consistent with
and incorporated into the levee safety action classification tool
developed by the Corps of Engineers.
``(e) Technical Assistance and Materials.--
``(1) Establishment.--The Secretary, in consultation with the
Administrator, shall provide technical assistance and training to
promote levee safety and assist States, communities, and levee
owners in--
``(A) developing levee safety programs;
``(B) identifying and reducing flood risks associated with
levees;
``(C) identifying local actions that may be carried out to
reduce flood risks in leveed areas; and
``(D) rehabilitating, improving, replacing, reconfiguring,
modifying, and removing levees and levee systems.
``(2) Eligibility.--To be eligible to receive technical
assistance under this subsection, a State shall--
``(A) be in the process of establishing or have in effect a
State levee safety program under which a State levee safety
agency, in accordance with State law, carries out the
guidelines established under subsection (c)(1); and
``(B) allocate sufficient funds in the budget of that State
to carry out that State levee safety program.
``(3) Work plans.--The Secretary shall enter into an agreement
with each State receiving technical assistance under this
subsection to develop a work plan necessary for the State levee
safety program of that State to reach a level of program
performance that meets the guidelines established under subsection
(c)(1).
``(f) Public Education and Awareness.--
``(1) In general.--The Secretary, in coordination with the
Administrator, shall carry out public education and awareness
efforts relating to the levee safety initiative.
``(2) Contents.--In carrying out the efforts under paragraph
(1), the Secretary and the Administrator shall--
``(A) educate individuals living in leveed areas regarding
the risks of living in those areas; and
``(B) promote consistency in the transmission of
information regarding levees among Federal agencies and
regarding risk communication at the State and local levels.
``(g) State and Tribal Levee Safety Program.--
``(1) Guidelines.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, in consultation with the
Administrator, the Secretary shall issue guidelines that
establish the minimum components necessary for recognition of a
State or tribal levee safety program as a participating
program.
``(B) Guideline contents.--The guidelines under
subparagraph (A) shall include provisions and procedures
requiring each participating State and Indian tribe to certify
to the Secretary that the State or Indian tribe, as
applicable--
``(i) has the authority to participate in the levee
safety initiative;
``(ii) can receive funds under this title;
``(iii) has adopted any levee safety guidelines
developed under this title;
``(iv) will carry out levee inspections;
``(v) will carry out, consistent with applicable
requirements, flood risk management and any emergency
action planning procedures the Secretary determines to be
necessary relating to levees;
``(vi) will carry out public education and awareness
activities consistent with the efforts carried out under
subsection (f); and
``(vii) will collect and share information regarding
the location and condition of levees, including for
inclusion in the national levee database.
``(C) Public comment.--Prior to finalizing the guidelines
under this paragraph, the Secretary shall--
``(i) issue draft guidelines for public comment; and
``(ii) consider any comments received in the
development of final guidelines.
``(2) Assistance to states.--
``(A) Establishment.--The Administrator may provide
assistance, subject to the availability of funding specified in
appropriations Acts for Federal Emergency Management Agency
activities pursuant to this title and subject to amounts
available under subparagraph (E), to States and Indian tribes
in establishing participating programs, conducting levee
inventories, and improving levee safety programs in accordance
with subparagraph (B).
``(B) Requirements.--To be eligible to receive assistance
under this section, a State or Indian tribe shall--
``(i) meet the requirements of a participating program
established by the guidelines issued under paragraph (1);
``(ii) use not less than 25 percent of any amounts
received to identify and assess non-Federal levees within
the State or on land of the Indian tribe;
``(iii) submit to the Secretary and Administrator any
information collected by the State or Indian tribe in
carrying out this subsection for inclusion in the national
levee safety database; and
``(iv) identify actions to address hazard mitigation
activities associated with levees and leveed areas
identified in the hazard mitigation plan of the State
approved by the Administrator of the Federal Emergency
Management Agency under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(C) Measures to assess effectiveness.--
``(i) In general.--Not later than 1 year after the date
of enactment of this subsection, the Administrator shall
implement quantifiable performance measures and metrics to
assess the effectiveness of the assistance provided in
accordance with subparagraph (A).
``(ii) Considerations.--In assessing the effectiveness
of assistance under clause (i), the Administrator shall
consider the degree to which the State or tribal program--
``(I) ensures that human lives and property that
are protected by new and existing levees are safe;
``(II) encourages the use of appropriate
engineering policies, procedures, and technical
practices for levee site investigation, design,
construction, operation and maintenance, inspection,
assessment, and emergency preparedness;
``(III) develops and supports public education and
awareness projects to increase public acceptance and
support of levee safety programs and provide
information;
``(IV) builds public awareness of the residual
risks associated with living in levee protected areas;
and
``(V) develops technical assistance materials,
seminars, and guidelines to improve the security of
levees of the United States.
``(D) Maintenance of effort.--Technical assistance or
grants may not be provided to a State under this subsection
during a fiscal year unless the State enters into an agreement
with the Administrator to ensure that the State will maintain
during that fiscal year aggregate expenditures for programs to
ensure levee safety that equal or exceed the average annual
level of such expenditures for the State for the 2 fiscal years
preceding that fiscal year.
``(E) Authorization of appropriations.--
``(i) In general.--There is authorized to be
appropriated to the Administrator to carry out this
subsection $25,000,000 for each of fiscal years 2015
through 2019.
``(ii) Allocation.--For each fiscal year, amounts made
available under this subparagraph shall be allocated among
the States and Indian tribes as follows:
``(I) \1/3\ among States and Indian tribes that
qualify for assistance under this subsection.
``(II) \2/3\ among States and Indian tribes that
qualify for assistance under this subsection, to each
such State or Indian tribe in the proportion that--
``(aa) the miles of levees in the State or on
the land of the Indian tribe that are listed on the
inventory of levees; bears to
``(bb) the miles of levees in all States and on
the land of all Indian tribes that are in the
national levee database.
``(iii) Maximum amount of allocation.--The amounts
allocated to a State or Indian tribe under this
subparagraph shall not exceed 50 percent of the reasonable
cost of implementing the State or tribal levee safety
program.
``(F) Prohibition.--No amounts made available to the
Administrator under this title shall be used for levee
construction, rehabilitation, repair, operations, or
maintenance.
``(h) Levee Rehabilitation Assistance Program.--
``(1) Establishment.--The Secretary shall provide assistance to
States, Indian tribes, and local governments relating to addressing
flood mitigation activities that result in an overall reduction in
flood risk.
``(2) Requirements.--To be eligible to receive assistance under
this subsection, a State, Indian tribe, or local government shall--
``(A) participate in, and comply with, all applicable
Federal floodplain management and flood insurance programs;
``(B) have in place a hazard mitigation plan that--
``(i) includes all levee risks; and
``(ii) complies with the Disaster Mitigation Act of
2000 (Public Law 106-390; 114 Stat. 1552);
``(C) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require;
``(D) commit to provide normal operation and maintenance of
the project for the 50 year-period following completion of
rehabilitation; and
``(E) comply with such minimum eligibility requirements as
the Secretary, in consultation with the committee, may
establish to ensure that each owner and operator of a levee
under a participating State or tribal levee safety program--
``(i) acts in accordance with the guidelines developed
under subsection (c); and
``(ii) carries out activities relating to the public in
the leveed area in accordance with the hazard mitigation
plan described in subparagraph (B).
``(3) Floodplain management plans.--
``(A) In general.--Not later than 1 year after the date of
execution of a project agreement for assistance under this
subsection, a State, Indian tribe, or local government shall
prepare a floodplain management plan in accordance with the
guidelines under subparagraph (D) to reduce the impacts of
future flood events in each applicable leveed area.
``(B) Inclusions.--A plan under subparagraph (A) shall
address--
``(i) potential measures, practices, and policies to
reduce loss of life, injuries, damage to property and
facilities, public expenditures, and other adverse impacts
of flooding in each applicable leveed area;
``(ii) plans for flood fighting and evacuation; and
``(iii) public education and awareness of flood risks.
``(C) Implementation.--Not later than 1 year after the date
of completion of construction of the applicable project, a
floodplain management plan prepared under subparagraph (A)
shall be implemented.
``(D) Guidelines.--Not later than 180 days after the date
of enactment of this subsection, the Secretary, in consultation
with the Administrator, shall develop such guidelines for the
preparation of floodplain management plans prepared under this
paragraph as the Secretary determines to be appropriate.
``(E) Technical support.--The Secretary may provide
technical support for the development and implementation of
floodplain management plans prepared under this paragraph.
``(4) Use of funds.--
``(A) In general.--Assistance provided under this
subsection may be used--
``(i) for any rehabilitation activity to maximize
overall risk reduction associated with a levee under a
participating State or tribal levee safety program; and
``(ii) only for a levee that is not federally operated
and maintained.
``(B) Prohibition.--Assistance provided under this
subsection shall not be used--
``(i) to perform routine operation or maintenance for a
levee; or
``(ii) to make any modification to a levee that does
not result in an improvement to public safety.
``(5) No proprietary interest.--A contract for assistance
provided under this subsection shall not be considered to confer
any proprietary interest on the United States.
``(6) Cost share.--The maximum Federal share of the cost of any
assistance provided under this subsection shall be 65 percent.
``(7) Project limit.--The maximum amount of Federal assistance
for a project under this subsection shall be $10,000,000.
``(8) Limitation.--A project shall not receive Federal
assistance under this subsection more than 1 time.
``(9) Federal interest.--For a project that is not a project
eligible for rehabilitation assistance under section 5 of the Act
of August 18, 1941 (33 U.S.C. 701n), the Secretary shall determine
that the proposed rehabilitation is in the Federal interest prior
to providing assistance for such rehabilitation.
``(10) Other laws.--Assistance provided under this subsection
shall be subject to all applicable laws (including regulations)
that apply to the construction of a civil works project of the
Corps of Engineers.
``(i) Effect of Section.--Nothing in this section--
``(1) affects the requirement under section 100226(b)(2) of
Public Law 112-141 (42 U.S.C. 4101 note; 126 Stat. 942); or
``(2) confers any regulatory authority on--
``(A) the Secretary; or
``(B) the Administrator, including for the purpose of
setting premium rates under the national flood insurance
program established under chapter 1 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
``SEC. 9006. REPORTS.
``(a) State of Levees.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and biennially thereafter, the
Secretary in coordination with the committee, shall submit to
Congress and make publicly available a report describing the state
of levees in the United States and the effectiveness of the levee
safety initiative, including--
``(A) progress achieved in implementing the levee safety
initiative;
``(B) State and tribal participation in the levee safety
initiative;
``(C) recommendations to improve coordination of levee
safety, floodplain management, and environmental protection
concerns, including--
``(i) identifying and evaluating opportunities to
coordinate public safety, floodplain management, and
environmental protection activities relating to levees; and
``(ii) evaluating opportunities to coordinate
environmental permitting processes for operation and
maintenance activities at existing levee projects in
compliance with all applicable laws; and
``(D) any recommendations for legislation and other
congressional actions necessary to ensure national levee
safety.
``(2) Inclusion.--Each report under paragraph (1) shall include
a report of the committee that describes the independent
recommendations of the committee for the implementation of the
levee safety initiative.
``(b) National Dam and Levee Safety Program.--Not later than 3
years after the date of enactment of this subsection, to the maximum
extent practicable, the Secretary and the Administrator, in
coordination with the committee, shall submit to Congress and make
publicly available a report that includes recommendations regarding the
advisability and feasibility of, and potential approaches for,
establishing a joint national dam and levee safety program.
``(c) Alignment of Federal Programs Relating to Levees.--Not later
than 2 years after the date of enactment of this subsection, the
Comptroller General of the United States shall submit to Congress a
report on opportunities for alignment of Federal programs to provide
incentives to State, tribal, and local governments and individuals and
entities--
``(1) to promote shared responsibility for levee safety;
``(2) to encourage the development of strong State and tribal
levee safety programs;
``(3) to better align the levee safety initiative with other
Federal flood risk management programs; and
``(4) to promote increased levee safety through other Federal
programs providing assistance to State and local governments.
``(d) Liability for Certain Levee Engineering Projects.--Not later
than 1 year after the date of enactment of this subsection, the
Secretary shall submit to Congress and make publicly available a report
that includes recommendations that identify and address any legal
liability associated with levee engineering projects that prevent--
``(1) levee owners from obtaining needed levee engineering
services; or
``(2) development and implementation of a State or tribal levee
safety program.''.
(f) Authorization of Appropriations.--Section 9008 of the Water
Resources Development Act of 2007 (as redesignated by subsection
(e)(1)) is amended--
(1) by striking ``are'' and inserting ``is''; and
(2) by striking ``Secretary'' and all that follows through the
period at the end and inserting the following:
``Secretary--
``(1) to carry out sections 9003, 9005(c), 9005(d), 9005(e),
and 9005(f), $4,000,000 for each of fiscal years 2015 through 2019;
``(2) to carry out section 9004, $20,000,000 for each of fiscal
years 2015 through 2019; and
``(3) to carry out section 9005(h), $30,000,000 for each of
fiscal years 2015 through 2019.''.
SEC. 3017. REHABILITATION OF EXISTING LEVEES.
(a) In General.--The Secretary shall carry out measures that
address consolidation, settlement, subsidence, sea level rise, and new
datum to restore federally authorized hurricane and storm damage
reduction projects that were constructed as of the date of enactment of
this Act to the authorized levels of protection of the projects if the
Secretary determines the necessary work is technically feasible,
environmentally acceptable, and economically justified.
(b) Limitation.--This section shall only apply to those projects
for which the executed project partnership agreement provides that the
non-Federal interest is not required to perform future measures to
restore the project to the authorized level of protection of the
project to account for subsidence and sea-level rise as part of the
operation, maintenance, repair, replacement, and rehabilitation
responsibilities.
(c) Cost Share.--
(1) In general.--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).
(2) Certain activities.--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) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall include in the annual report
developed under section 7001--
(1) any recommendations relating to the continued need for the
authority provided under 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
hurricane and storm damage reduction projects.
(e) Termination of Authority.--The authority of the Secretary under
this subsection terminates on the date that is 10 years after the date
of enactment of this Act.
Subtitle C--Additional Safety Improvements and Risk Reduction Measures
SEC. 3021. USE OF INNOVATIVE MATERIALS.
Section 8(d) of the Water Resources Development Act of 1988 (33
U.S.C. 2314) is amended by striking ``materials'' and all that follows
through the period at the end and inserting ``methods, or materials,
including roller compacted concrete, geosynthetic materials, and
advanced composites, that the Secretary determines are appropriate to
carry out this section.''.
SEC. 3022. DURABILITY, SUSTAINABILITY, AND RESILIENCE.
In carrying out the activities of the Corps of Engineers, the
Secretary, to the maximum extent practicable, shall encourage the use
of durable and sustainable materials and resilient construction
techniques that--
(1) allow a water resources infrastructure project--
(A) to resist hazards due to a major disaster; and
(B) to continue to serve the primary function of the water
resources infrastructure project following a major disaster;
(2) reduce the magnitude or duration of a disruptive event to a
water resources infrastructure project; and
(3) have the absorptive capacity, adaptive capacity, and
recoverability to withstand a potentially disruptive event.
SEC. 3023. STUDY ON RISK REDUCTION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in coordination with the
Secretary of the Interior and the Secretary of Commerce, shall enter
into an arrangement with the National Academy of Sciences to carry out
a study and make recommendations relating to infrastructure and coastal
restoration options for reducing risk to human life and property from
extreme weather events, such as hurricanes, coastal storms, and inland
flooding.
(b) Considerations.--The study under subsection (a) shall include--
(1) an analysis of strategies and water resources projects,
including authorized water resources projects that have not yet
been constructed, and other projects implemented in the United
States and worldwide to respond to risk associated with extreme
weather events;
(2) an analysis of--
(A) historical extreme weather events;
(B) the ability of existing infrastructure to mitigate
risks associated with extreme weather events; and
(C) the reduction in long-term costs and vulnerability to
infrastructure through the use of resilient construction
techniques;
(3) identification of proven, science-based approaches and
mechanisms for ecosystem protection and identification of natural
resources likely to have the greatest need for protection,
restoration, and conservation so that the infrastructure and
restoration projects can continue safeguarding the communities in,
and sustaining the economy of, the United States;
(4) an estimation of the funding necessary to improve
infrastructure in the United States to reduce risk associated with
extreme weather events;
(5) an analysis of the adequacy of current funding sources and
the identification of potential new funding sources to finance the
necessary infrastructure improvements referred to in paragraph (3);
and
(6) an analysis of the Federal, State, and local costs of
natural disasters and the potential cost-savings associated with
implementing mitigation measures.
(c) Coordination.--The National Academy of Sciences may cooperate
with the National Academy of Public Administration to carry out 1 or
more aspects of the study under subsection (a).
(d) Publication.--Not later than 30 days after completion of the
study under subsection (a), the National Academy of Sciences shall--
(1) submit a copy of the study to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(2) make a copy of the study available on a publicly accessible
Internet site.
SEC. 3024. MANAGEMENT OF FLOOD, DROUGHT, AND STORM DAMAGE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
study of the strategies used by the Corps of Engineers for the
comprehensive management of water resources in response to floods,
storms, and droughts, including an historical review of the ability of
the Corps of Engineers to manage and respond to historical drought,
storm, and flood events.
(b) Considerations.--The study under subsection (a) shall address--
(1) the extent to which existing water management activities of
the Corps of Engineers can better meet the goal of addressing
future flooding, drought, and storm damage risks, which shall
include analysis of all historical extreme weather events that have
been recorded during the previous 5 centuries as well as in the
geological record;
(2) whether existing water resources projects built or
maintained by the Corps of Engineers, including dams, levees,
floodwalls, flood gates, and other appurtenant infrastructure were
designed to adequately address flood, storm, and drought impacts
and the extent to which the water resources projects have been
successful at addressing those impacts;
(3) any recommendations for approaches for repairing,
rebuilding, or restoring infrastructure, land, and natural
resources that consider the risks and vulnerabilities associated
with past and future extreme weather events;
(4) whether a reevaluation of existing management approaches of
the Corps of Engineers could result in greater efficiencies in
water management and project delivery that would enable the Corps
of Engineers to better prepare for, contain, and respond to flood,
storm, and drought conditions;
(5) any recommendations for improving the planning processes of
the Corps of Engineers to provide opportunities for comprehensive
management of water resources that increases efficiency and
improves response to flood, storm, and drought conditions;
(6) any recommendations on the use of resilient construction
techniques to reduce future vulnerability from flood, storm, and
drought conditions; and
(7) any recommendations for improving approaches to rebuilding
or restoring infrastructure and natural resources that contribute
to risk reduction, such as coastal wetlands, to prepare for flood
and drought.
SEC. 3025. POST-DISASTER WATERSHED ASSESSMENTS.
(a) Watershed Assessments.--
(1) In general.--In an area that the President has declared a
major disaster in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), the Secretary may carry out a watershed assessment to
identify, to the maximum extent practicable, specific flood risk
reduction, hurricane and storm damage reduction, ecosystem
restoration, or navigation project recommendations that will help
to rehabilitate and improve the resiliency of damaged
infrastructure and natural resources to reduce risks to human life
and property from future natural disasters.
(2) Existing projects.--A watershed assessment carried out
paragraph (1) may identify existing projects being carried out
under 1 or more of the authorities referred to in subsection
(b)(1).
(3) Duplicate watershed assessments.--In carrying out a
watershed assessment under paragraph (1), the Secretary shall use
all existing watershed assessments and related information
developed by the Secretary or other Federal, State, or local
entities.
(b) Projects.--
(1) In general.--The Secretary may carry out projects
identified under a watershed assessment under subsection (a) in
accordance with the criteria for projects carried out under one of
the following authorities:
(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(B) Section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i).
(C) Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577).
(F) Section 3 of the Act of August 13, 1946 (33 U.S.C.
426g).
(2) Annual plan.--For each project that does not meet the
criteria under paragraph (1), the Secretary shall include a
recommendation relating to the project in the annual report
submitted to Congress by the Secretary in accordance with section
7001.
(3) Existing projects.--In carrying out a project under
paragraph (1), the Secretary shall--
(A) to the maximum extent practicable, use all existing
information and studies available for the project; and
(B) not require any element of a study completed for the
project prior to the disaster to be repeated.
(c) Requirements.--All requirements applicable to a project under
the Acts described in subsection (b) shall apply to the project.
(d) Limitations on Assessments.--A watershed assessment under
subsection (a) shall be initiated not later than 2 years after the date
on which the major disaster declaration is issued.
SEC. 3026. HURRICANE AND STORM DAMAGE REDUCTION STUDY.
(a) In General.--As part of the study for flood and storm damage
reduction related to natural disasters to be carried out by the
Secretary under title II of division A of the Disaster Relief
Appropriations Act, 2013, under the heading ``Department of the Army--
Corps of Engineers--Civil--Investigations'' (127 Stat. 5), the
Secretary shall make specific project recommendations.
(b) Consultation.--In making recommendations pursuant to this
section, the Secretary may consult with key stakeholders, including
State, county, and city governments, and, as applicable, State and
local water districts, and in the case of recommendations concerning
projects that substantially affect communities served by historically
Black colleges and universities, Tribal Colleges and Universities, and
other minority-serving institutions, the Secretary shall consult with
those colleges, universities, and institutions.
(c) Report.--The Secretary shall include any recommendations of the
Secretary under this section in the annual report submitted to Congress
by the Secretary in accordance with section 7001.
SEC. 3027. EMERGENCY COMMUNICATION OF RISK.
(a) Definitions.--In this section:
(1) Affected government.--The term ``affected government''
means a State, local, or tribal government with jurisdiction over
an area that will be affected by a flood.
(2) Annual operating plan.--The term ``annual operating plan''
means a plan prepared by the Secretary that describes potential
water condition scenarios for a river basin for a year.
(b) Communication.--In any river basin where the Secretary carries
out flood risk management activities subject to an annual operating
plan, the Secretary shall establish procedures for providing the public
and affected governments, including Indian tribes, in the river basin
with--
(1) timely information regarding expected water levels;
(2) advice regarding appropriate preparedness actions;
(3) technical assistance; and
(4) any other information or assistance determined appropriate
by the Secretary.
(c) Public Availability of Information.--To the maximum extent
practicable, the Secretary, in coordination with the Administrator of
the Federal Emergency Management Agency, shall make the information
required under subsection (b) available to the public through widely
used and readily available means, including on the Internet.
(d) Procedures.--The Secretary shall use the procedures established
under subsection (b) only when precipitation or runoff exceeds those
calculations considered as the lowest risk to life and property
contemplated by the annual operating plan.
SEC. 3028. 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. 3029. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) Emergency Response to Natural Disasters.--Section 5(a)(1) of
the Act of 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) Review of Emergency Response Authorities.--
(1) In general.--The Secretary shall undertake a review of
implementation of section 5 of the Act of August 18, 1941 (33
U.S.C. 701n), to evaluate the alternatives available to the
Secretary to ensure--
(A) the safety of affected communities to future flooding
and storm events;
(B) the resiliency of water resources development projects
to future flooding and storm events;
(C) the long-term cost-effectiveness of water resources
development projects that provide flood control and hurricane
and storm damage reduction benefits; and
(D) the policy goals and objectives that have been outlined
by the President as a response to recent extreme weather
events, including Hurricane Sandy, that relate to preparing for
future floods are met.
(2) Scope of review.--In carrying out the review, the Secretary
shall--
(A) review the historical precedents and implementation of
section 5 of that Act, including those actions undertaken by
the Secretary, over time, under that section--
(i) to repair or restore a project; and
(ii) to increase the level of protection for a damaged
project to address future conditions;
(B) evaluate the difference between adopting, as an
appropriate standard under section 5 of that Act, the repair or
restoration of a project to pre-flood or pre-storm levels and
the repair or restoration of a project to a design level of
protection, including an assessment for each standard of--
(i) the implications on populations at risk of flooding
or damage;
(ii) the implications on probability of loss of life;
(iii) the implications on property values at risk of
flooding or damage;
(iv) the implications on probability of increased
property damage and associated costs;
(v) the implications on local and regional economies;
and
(vi) the estimated total cost and estimated cost
savings;
(C) review and evaluate the historic and potential uses,
and economic feasibility for the life of the project, of
nonstructural alternatives, including natural features such as
dunes, coastal wetlands, floodplains, marshes, and mangroves,
to reduce the damage caused by floods, storm surges, winds, and
other aspects of extreme weather events, and to increase the
resiliency and long-term cost-effectiveness of water resources
development projects;
(D) incorporate the science on expected rates of sea-level
rise and extreme weather events;
(E) incorporate the work completed by the Hurricane Sandy
Rebuilding Task Force, established by Executive Order No. 13632
(77 Fed. Reg. 74341); and
(F) review the information obtained from the report
developed under subsection (c)(1).
(c) Reports.--
(1) Biennial report to congress.--
(A) 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 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 of August 18, 1941 (33 U.S.C. 701n).
(B) Inclusions.--A report under subparagraph (A) shall, at
a minimum, include a description of--
(i) each structure, feature, or project for which
amounts are expended, including the type of structure,
feature, or project and cost of the work; and
(ii) 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.
(2) Report on review of emergency response authorities.--Not
later than 18 months 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 and make publicly
available a report on the results of the review under subsection
(b).
TITLE IV--RIVER BASINS AND COASTAL AREAS
SEC. 4001. 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.--The Secretary shall allocate funds to the
Susquehanna River Basin Commission, the Delaware River Basin
Commission, and the Interstate Commission on the Potomac River
Basin to fulfill the equitable funding requirements of the
respective interstate compacts.
``(2) Amounts.--For each fiscal year, the Secretary shall
allocate to each Commission described in paragraph (1) an amount
equal to the amount determined by the Commission in accordance with
the respective interstate compact approved by Congress.
``(3) Notification.--If the Secretary does not allocate funds
for a given fiscal year in accordance with paragraph (2), the
Secretary, in conjunction with the subsequent submission by the
President of the budget to Congress under section 1105(a) of title
31, United States Code, 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
notice that describes--
``(A) the reasons why the Secretary did not allocate funds
in accordance with paragraph (2) for that fiscal year; and
``(B) the impact of that decision not to allocate funds on
each area of jurisdiction of each Commission described in
paragraph (1), including with respect to--
``(i) water supply allocation;
``(ii) water quality protection;
``(iii) regulatory review and permitting;
``(iv) water conservation;
``(v) watershed planning;
``(vi) drought management;
``(vii) flood loss reduction;
``(viii) recreation; and
``(ix) energy development.''.
SEC. 4002. MISSISSIPPI RIVER.
(a) Mississippi River Forecasting Improvements.--
(1) 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--
(A) updating forecasting technology deployed on the
Mississippi River and its tributaries through--
(i) the construction of additional automated river
gages;
(ii) the rehabilitation of existing automated and
manual river gages; and
(iii) the replacement of manual river gages with
automated gages, as the Secretary determines to be
necessary;
(B) constructing additional sedimentation ranges on the
Mississippi River and its tributaries; and
(C) deploying additional automatic identification system
base stations at river gage sites.
(2) Prioritization.--In carrying out this subsection, 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.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress and make
publicly available a report on the activities carried out by the
Secretary under this subsection.
(b) Middle Mississippi River Pilot Program.--
(1) 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 may study improvements to navigation and aquatic
ecosystem restoration in the middle Mississippi River.
(2) Disposition.--
(A) In general.--The Secretary may carry out any project
identified pursuant to paragraph (1) in accordance with the
criteria for projects carried out under one of the following
authorities:
(i) Section 206 of the Water Resources Development Act
of 1996 (33 U.S.C. 2330).
(ii) Section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a).
(iii) Section 107 of the River and Harbor Act of 1960
(33 U.S.C. 577).
(iv) Section 104(a) of the River and Harbor Act of 1958
(33 U.S.C. 610(a)).
(B) Report.--For each project that does not meet the
criteria under subparagraph (A), the Secretary shall include a
recommendation relating to the project in the annual report
submitted to Congress by the Secretary in accordance with
section 7001.
(c) Greater Mississippi River Basin Severe Flooding and Drought
Management Study.--
(1) Definition of greater mississippi river basin.--In this
subsection, the term ``greater Mississippi River Basin'' means the
area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as
identified by the United States Geological Survey as of the date of
enactment of this Act.
(2) In general.--The Secretary shall carry out a study of the
greater Mississippi River Basin--
(A) 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
(B) to identify and evaluate--
(i) modifications to those water resource projects,
consistent with the authorized purposes of those projects;
and
(ii) the development of new water resource projects to
improve the reliability of navigation and more effectively
reduce flood risk.
(3) Report.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to Congress and make
publicly available a report on the study carried out under this
subsection.
(4) Savings clause.--Nothing in this subsection impacts the
operations and maintenance of the Missouri River Mainstem System,
as authorized by the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'')(58 Stat. 897, chapter 665).
(d) Flexibility in Maintaining Navigation.--
(1) Extreme low water event defined.--In this subsection, the
term ``extreme low water event'' means an extended period of time
during which low water threatens the safe commercial use of the
Mississippi River for navigation, including the use and
availability of fleeting areas.
(2) Report on areas for action.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the department in which the Coast Guard is
operating, shall complete and make publicly available a report
identifying areas that are unsafe and unreliable for commercial
navigation during extreme low water events along the authorized
Federal navigation channel on the Mississippi River and
measures to address those restrictions.
(B) Inclusions.--The report under subparagraph (A) shall--
(i) consider data from the most recent extreme low
water events that impacted navigation along the authorized
Federal navigation channel on the Mississippi River;
(ii) identify locations for potential modifications,
including improvements outside the authorized navigation
channel, that will alleviate hazards at areas that
constrain navigation during extreme low water events along
the authorized Federal navigation channel on the
Mississippi River; and
(iii) include recommendations for possible actions to
address constrained navigation during extreme low water
events.
(3) Authorized activities.--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
activities outside the authorized Federal navigation channel along
the Mississippi River, including the construction and operation of
maintenance of fleeting areas, that--
(A) are necessary for safe and reliable navigation in the
Federal channel; and
(B) have been identified in the report under paragraph (2).
(4) Restriction.--The Secretary shall only carry out activities
authorized under paragraph (3) for such period of time as is
necessary to maintain reliable navigation during the extreme low
water event.
(5) Notification.--Not later than 60 days after initiating an
activity 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 notice that includes--
(A) a description of the activities undertaken, including
the costs associated with the activities; and
(B) a comprehensive description of how the activities are
necessary for maintaining safe and reliable navigation of the
Federal channel.
SEC. 4003. MISSOURI RIVER.
(a) Upper Missouri Basin Flood and Drought Monitoring.--
(1) 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 carry out
activities to improve and support management of Corps of Engineers
water resources development projects, including--
(A) 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'';
(B) restoring and maintaining existing mid- and high-
elevation snowpack monitoring sites operated under the SNOTEL
program of the Natural Resources Conservation Service; and
(C) 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.
(2) Use of funds.--Amounts made available to the Secretary to
carry out activities under this subsection shall be used to
supplement but not supplant other related activities of Federal
agencies that are carried out within the Missouri River Basin.
(3) Cooperative agreements.--
(A) In general.--The Secretary may enter into cooperative
agreements with other Federal agencies to carry out this
subsection.
(B) Maintenance of effort.--The Secretary may only enter
into a cooperative agreement with another Federal agency under
this paragraph if such agreement specifies that the agency will
maintain aggregate expenditures in the Missouri River Basin for
existing programs that implement activities described in
paragraph (1) at a level that is equal to or exceeds the
aggregate expenditures for the fiscal year immediately
preceding the fiscal year in which such agreement is signed.
(4) 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--
(A) identifies progress made by the Secretary and other
Federal agencies in implementing the recommendations contained
in the report described in paragraph (1)(A) with respect to
enhancing soil moisture and snowpack monitoring in the Upper
Missouri Basin;
(B) includes recommendations--
(i) to enhance soil moisture and snowpack monitoring in
the Upper Missouri Basin that would enhance water resources
management, including managing flood risk, in that basin;
and
(ii) on the most efficient manner of collecting and
sharing data to assist Federal agencies with water
resources management responsibilities;
(C) identifies the expected costs and timeline for
implementing the recommendations described in subparagraph
(B)(i); and
(D) identifies the role of States and other Federal
agencies in gathering necessary soil moisture and snowpack
monitoring data.
(b) 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 in the second
sentence by striking ``$3,000,000'' and inserting ``$5,000,000''.
(c) Missouri River Recovery Implementation Committee Expenses
Reimbursement.--Section 5018(b)(5) of the Water Resources Development
Act of 2007 (121 Stat. 1200) is amended by striking subparagraph (B)
and inserting the following:
``(B) Travel expenses.--Subject to the availability of
funds, the Secretary may reimburse a member of the Committee
for travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of a Federal agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in performance of services for the Committee.''.
(d) Upper Missouri Shoreline Stabilization.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of carrying out projects to address
shoreline erosion in the Upper Missouri River Basin (including the
States of South Dakota, North Dakota, and Montana) resulting from
the 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)).
(2) Contents.--The study carried out under paragraph (1) shall,
to the maximum extent practicable--
(A) use previous assessments completed by the Corps of
Engineers or other Federal agencies; and
(B) assess the infrastructure needed to--
(i) reduce shoreline erosion;
(ii) mitigate additional loss of land;
(iii) contribute to environmental and ecosystem
improvement; and
(iv) protect existing community infrastructure,
including roads and water and waste-water related
infrastructure.
(3) Disposition.--The Secretary may carry out projects
identified in the study under paragraph (1) in accordance with the
criteria for projects carried out under section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r).
(4) Annual report.--For each project identified in the study
under paragraph (1) that cannot be carried out under any of the
authorities specified in paragraph (3), upon determination by the
Secretary of the feasibility of the project, the Secretary may
include a recommendation relating to the project in the annual
report submitted to Congress under section 7001.
(5) Coordination.--In carrying out this subsection, the
Secretary shall consult and coordinate with the appropriate State
or tribal agency for the area in which the project is located.
(6) Payment options.--The Secretary shall allow the full non-
Federal contribution for a project under this subsection to be paid
in accordance with section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)).
(e) Missouri River Fish and Wildlife Mitigation.--The Secretary
shall include in the first budget of the United States Government
submitted by the President under section 1105 of title 31, United
States Code, after the date of enactment of this Act, and biennially
thereafter, a report that describes activities carried out by the
Secretary relating to the project for mitigation of fish and wildlife
losses, Missouri River Bank Stabilization and Navigation Project,
Missouri, Kansas, Iowa, and Nebraska, authorized by section 601(a) of
the Water Resources Development Act of 1986 (100 Stat. 4143),
including--
(1) an inventory of all actions taken by the Secretary in
furtherance of the project, including an inventory of land owned or
acquired by the Secretary;
(2) a description, including a prioritization, of the specific
actions proposed to be undertaken by the Secretary for the
subsequent fiscal year in furtherance of the project;
(3) an assessment of the progress made in furtherance of the
project, including--
(A) a description of how each of the actions identified
under paragraph (1) have impacted the progress; and
(B) the status of implementation of any applicable
requirements of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), including any applicable biological opinions;
and
(4) an assessment of additional actions or authority necessary
to achieve the results of the project.
(f) Lower Yellowstone.--Section 3109 of the Water Resources
Development Act of 2007 (121 Stat. 1135) is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(a) In General.--The Secretary may''; and
(2) by adding at the end the following:
``(b) Local Participation.--In carrying out subsection (a), the
Secretary shall consult with, and consider the activities being carried
out by--
``(1) other Federal agencies;
``(2) conservation districts;
``(3) the Yellowstone River Conservation District Council; and
``(4) the State of Montana.''.
SEC. 4004. ARKANSAS RIVER.
(a) 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.
(b) McClellan-Kerr Arkansas River Navigation System Advisory
Committee.--
(1) 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 first
section of the Act of July 24, 1946 (60 Stat. 635, chapter 595).
(2) Duties.--The advisory committee shall--
(A) serve in an advisory capacity only; and
(B) 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.
(3) Selection and composition.--The advisory committee shall
be--
(A) selected jointly by the Little Rock district engineer
and the Tulsa district engineer; and
(B) composed of members that equally represent the
McClellan-Kerr Arkansas River navigation system project
purposes.
(4) 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.
(5) Termination.--
(A) 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.
(B) Restriction.--The advisory committee shall terminate
not less than 2 calendar years after the date on which the
advisory committee is established.
SEC. 4005. COLUMBIA BASIN.
Section 536(g) of the Water Resources Development Act of 2000 (114
Stat. 2661) is amended by striking ``$30,000,000'' and inserting
``$50,000,000''.
SEC. 4006. RIO GRANDE.
Section 5056 of the Water Resources Development Act of 2007 (121
Stat. 1213) is amended--
(1) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by striking
``2008'' and inserting ``2014''; and
(B) 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'';
(2) in subsection (c)(2)--
(A) by striking ``an interagency agreement with'' and
inserting ``1 or more interagency agreements with the Secretary
of State and''; and
(B) by inserting ``or the U.S. Section of the International
Boundary and Water Commission'' after ``the Department of the
Interior''; and
(3) in subsection (f), by striking ``2011'' and inserting
``2019''.
SEC. 4007. NORTHERN ROCKIES HEADWATERS.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out projects for aquatic ecosystem
restoration and flood risk reduction that will mitigate the impacts of
extreme weather events, including 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.
(b) Inclusions.--The study under subsection (a) shall, to the
maximum extent practicable--
(1) emphasize the protection and enhancement of natural
riverine processes; and
(2) assess the individual and cumulative needs associated
with--
(A) floodplain restoration and reconnection;
(B) floodplain and riparian area protection through the use
of conservation easements;
(C) instream flow restoration projects;
(D) fish passage improvements;
(E) channel migration zone mapping; and
(F) invasive weed management.
(c) Disposition.--
(1) In general.--The Secretary may carry out any project
identified in the study pursuant to subsection (a) in accordance
with the criteria for projects carried out under one of the
following authorities:
(A) Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
(B) Section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a).
(C) Section 104(a) of the River and Harbor Act of 1958 (33
U.S.C. 610(a)).
(D) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(2) Report.--For each project that does not meet the criteria
under paragraph (1), the Secretary shall include a recommendation
relating to the project in the annual report submitted to Congress
by the Secretary in accordance with section 7001.
(d) Coordination.--In carrying out this section, the Secretary--
(1) shall consult and coordinate with the appropriate agency
for each State and Indian tribe; and
(2) may enter into cooperative agreements with those State or
tribal agencies described in paragraph (1).
(e) Limitations.--Nothing in this section invalidates, preempts, or
creates any exception to State water law, State water rights, or
Federal or State permitted activities or agreements in the States of
Idaho and Montana or any State containing tributaries to rivers in
those States.
SEC. 4008. RURAL WESTERN WATER.
Section 595 of the Water Resources Development Act of 1999 (113
Stat. 383) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Form of Assistance.--Assistance under this section may be in
the form of--
``(1) design and construction assistance for water-related
environmental infrastructure and resource protection and
development in Idaho, Montana, rural Nevada, New Mexico, rural
Utah, and Wyoming, including projects for--
``(A) wastewater treatment and related facilities;
``(B) water supply and related facilities;
``(C) environmental restoration; and
``(D) surface water resource protection and development;
and
``(2) technical assistance to small and rural communities for
water planning and issues relating to access to water resources.'';
and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for the period beginning with
fiscal year 2001, $435,000,000, 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. 4009. NORTH ATLANTIC COASTAL REGION.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out projects to restore aquatic ecosystems
within the coastal waters of the Northeastern United States from the
State of Virginia to the State of Maine, including associated bays,
estuaries, and critical riverine areas.
(b) Study.--In carrying out the study under subsection (a), the
Secretary shall--
(1) as appropriate, coordinate with the heads of other
appropriate Federal agencies, the Governors of the coastal States
from Virginia to Maine, nonprofit organizations, and other
interested parties;
(2) identify projects for aquatic ecosystem restoration based
on an assessment of the need and opportunities for aquatic
ecosystem restoration within the coastal waters of the Northeastern
States described in subsection (a); and
(3) use, to the maximum extent practicable, any existing plans
and data.
(c) Disposition.--
(1) In general.--The Secretary may carry out any project
identified in the study pursuant to subsection (a) in accordance
with the criteria for projects carried out under one of the
following authorities:
(A) Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
(B) Section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a).
(C) Section 3 of the Act of August 13, 1946 (33 U.S.C.
426g).
(D) Section 204 of the Water Resources Development Act of
1992 (33 U.S.C. 2326).
(2) Report.--For each project that does not meet the criteria
under paragraph (1), the Secretary shall include a recommendation
relating to the project in the annual report submitted to Congress
by the Secretary in accordance with section 7001.
SEC. 4010. CHESAPEAKE BAY.
(a) In General.--Section 510 of the Water Resources Development Act
of 1996 (Public Law 104-303; 110 Stat. 3759; 121 Stat. 1202) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``pilot program'' and inserting
``program''; and
(ii) by inserting ``in the basin States described in
subsection (f) and the District of Columbia'' after
``interests''; and
(B) 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.'';
(2) 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 Reform and Development Act of
2014, 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.'';
(3) in subsection (c)--
(A) 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).'';
(B) in paragraph (2)(A), by striking ``facilities or
resource protection and development plan'' and inserting
``resource protection and restoration plan''; and
(C) 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.'';
(4) 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.'';
(5) 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.'';
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
(b) Chesapeake Bay Oyster Restoration.--Section 704(b) of Water
Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended--
(1) in paragraph (1), by striking ``$50,000,000'' and inserting
``$60,000,000''; and
(2) in paragraph (4), by striking subparagraph (B) 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;
``(II) are integral to the project; and
``(III) are cost effective.''.
SEC. 4011. LOUISIANA COASTAL AREA.
(a) Review of Coastal Master Plan.--Section 7002(c) of the Water
Resources Development Act of 2007 (121 Stat. 1271) is amended by
inserting ``, or the plan entitled `Louisiana Comprehensive Master Plan
for a Sustainable Coast' prepared by the State of Louisiana and
accepted by the Louisiana Coastal Protection and Restoration Authority
(including any subsequent amendments or revisions)'' before the period
at the end.
(b) Interim Use of Plan.--
(1) Definitions.--In this subsection:
(A) Annual report.--The term ``annual report'' has the
meaning given the term in section 7001(f).
(B) Feasibility report; feasibility study.--The terms
``feasibility report'' and ``feasibility study'' have the
meanings given those terms in section 7001(f).
(2) Review.--The Secretary shall--
(A) review the plan entitled `Louisiana's Comprehensive
Master Plan for a Sustainable Coast' prepared by the State of
Louisiana and accepted by the Louisiana Coastal Protection and
Restoration Authority Board (including any subsequent
amendments or revisions); and
(B) in consultation with the State of Louisiana, identify
and conduct feasibility studies for up to 10 projects included
in the plan described in subparagraph (A).
(3) Recommendations.--The Secretary shall include in the
subsequent annual report, in accordance with section 7001--
(A) any proposed feasibility study initiated under
paragraph (2)(B); and
(B) any feasibility report for a project identified under
paragraph (2)(B).
(4) Administration.--Section 7008 of the Water Resources
Development Act of 2007 (121 Stat. 1278) shall not apply to any
feasibility study carried out under this subsection.
(c) Science and Technology.--Section 7006(a)(2) of the Water
Resources Development Act of 2007 (121 Stat. 1274) is amended--
(1) by redesignating subparagraphs (C) and (D) as subparagraphs
(D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) to examine a systemwide approach to coastal
sustainability;''.
SEC. 4012. RED RIVER BASIN.
(a) In General.--In the case of a reservoir located within the Red
River Basin for which the Department of the Army is authorized to
provide for municipal and industrial water supply storage and
irrigation storage, the Secretary may reassign unused irrigation
storage to storage for municipal and industrial water supply for use by
a State or local interest that has entered into an agreement with the
Secretary for water supply storage at that reservoir prior to the date
of enactment of this Act.
(b) Administration.--Any assignment under subsection (a) shall be
subject to such terms and conditions as the Secretary determines to be
appropriate and necessary in the public interest.
SEC. 4013. TECHNICAL CORRECTIONS.
(a) Raritan River.--Section 102 of the Energy and Water Development
Appropriations Act, 1998 (Public Law 105-62; 111 Stat. 1327), is
repealed.
(b) Des Moines, Boone, and Raccoon Rivers.--The boundaries for the
project referred to as the Des Moines Recreational River and Greenbelt,
Iowa, under the heading ``corps of engineers--civil'' under the heading
``Department of the Army'' under the heading ``DEPARTMENT OF DEFENSE--
CIVIL'' in chapter IV of title I of the Supplemental Appropriations
Act, 1985 (99 Stat. 313), are revised to include the entirety of
sections 19 and 29, situated in T. 89 N., R. 28 W.
(c) South Florida Coastal Area.--Section 109 of title I of division
B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-221;
121 Stat. 1217) is amended--
(1) in subsection (a), by inserting ``and unincorporated
communities'' after ``municipalities'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) Priority.--In providing assistance under this section, the
Secretary shall give priority to projects sponsored by current non-
Federal interests, incorporated communities in Monroe County, Monroe
County, and the State of Florida.''.
(d) Trinity River and Tributaries.--Section 5141(a)(2) of the Water
Resources Development Act of 2007 (121 Stat. 1253) is amended by
inserting ``and the Interior Levee Drainage Study Phase-II report,
Dallas, Texas, dated January 2009,'' after ``September 2006,''.
(e) Central and Southern Florida Canal.--
(1) In general.--The Secretary shall consider any amounts and
associated program income provided prior to the date of enactment
of this Act by the Secretary of the Interior to the non-Federal
interest for the acquisition of areas identified in section
316(b)(2) of the Water Resources Development Act of 1996 (110 Stat.
3715)--
(A) as satisfying the requirements of that paragraph; and
(B) as part of the Federal share of the cost of
implementing the plan under that subsection.
(2) Non-federal cost share.--The non-Federal interest shall
receive credit for land, easements, rights-of-way, and relocations
provided for the project as part of the non-Federal share of the
cost of implementing the plan under section 316(b)(2) of the Water
Resources Development Act of 1996 (110 Stat. 3715).
(3) Conforming amendment.--Section 316(b)(2) of the Water
Resources Development Act of 1996 (110 Stat. 3715) is amended in
the first sentence by striking ``shall pay'' and inserting ``may
pay up to''.
(f) South Platte River Watershed.--Section 116 of the Energy and
Water Development and Related Agencies Appropriations Act, 2009 (123
Stat. 608) is amended in the matter preceding the proviso by inserting
``(or a designee of the Department)'' after ``Colorado Department of
Natural Resources''.
(g) Potomac River.--Section 84(a) of the Water Resources
Development Act of 1974 (88 Stat. 35) is amended by striking paragraph
(1) and inserting the following:
``(1) A channel capacity sufficient to pass the 100-year flood
event, as identified in the document entitled `Four Mile Run
Watershed Feasibility Report' and dated January 2014.''.
SEC. 4014. OCEAN AND COASTAL RESILIENCY.
(a) In General.--The Secretary shall conduct studies to determine
the feasibility of carrying out Corps of Engineers projects in coastal
zones to enhance ocean and coastal ecosystem resiliency.
(b) Study.--In carrying out the study under subsection (a), the
Secretary shall--
(1) as appropriate, coordinate with the heads of other
appropriate Federal agencies, the Governors and other chief
executive officers of the coastal states, nonprofit organizations,
and other interested parties;
(2) identify Corps of Engineers projects in coastal zones for
enhancing ocean and coastal ecosystem resiliency based on an
assessment of the need and opportunities for, and feasibility of,
the projects;
(3) to the maximum extent practicable, use any existing Corps
of Engineers plans and data; and
(4) not later than 365 days after initial appropriations for
this section, and every five years thereafter subject to the
availability of appropriations, complete a study authorized under
subsection (a).
(c) Disposition.--
(1) In general.--The Secretary may carry out a project
identified in the study pursuant to subsection (a) in accordance
with the criteria for projects carried out under one of the
following authorities:
(A) Section 206(a)-(d) of the Water Resources Development
Act of 1996 (33 U.S.C. 2330(a)-(d)).
(B) Section 1135(a)-(g) and (i) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(a)-(g) and (i)).
(C) Section 3(a)-(b), and (c)(1) of the Act of August, 13
1946 (33 U.S.C. 426g(a)-(b), and (c)(1)).
(D) Section 204(a)-(f) of the Water Resources Development
Act of 1992 (33 U.S.C. 2326(a)-(f)).
(2) Report.--For each project that does not meet the criteria
under paragraph (1), the Secretary shall include a recommendation
relating to the project in the annual report submitted to Congress
by the Secretary in accordance with section 7001.
(d) Requests for Projects.--The Secretary may carry out a project
for a coastal state under this section only at the request of the
Governor or chief executive officer of the coastal state, as
appropriate.
(e) Definition.--In this section, the terms ``coastal zone'' and
``coastal state'' have the meanings given such terms in section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), as in effect
on the date of enactment of this Act.
TITLE V--WATER INFRASTRUCTURE FINANCING
Subtitle A--State Water Pollution Control Revolving Funds
SEC. 5001. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended by striking ``for providing assistance'' and
all that follows through the period at the end and inserting the
following: ``to accomplish the objectives, goals, and policies of this
Act by providing assistance for projects and activities identified in
section 603(c).''.
SEC. 5002. CAPITALIZATION GRANT AGREEMENTS.
Section 602(b) of the Federal Water Pollution Control Act (33
U.S.C. 1382(b)) is amended--
(1) in paragraph (6)--
(A) by striking ``section 603(c)(1) of'';
(B) by striking ``before fiscal'' and all that follows
through ``grants under this title and'' and inserting ``with
assistance made available by a State water pollution control
revolving fund authorized under this title, or'';
(C) by inserting ``, or both,'' after ``205(m) of this
Act''; and
(D) by striking ``201(b)'' and all that follows through
``511(c)(1),'' and inserting ``511(c)(1)'';
(2) in paragraph (9), by striking ``standards; and'' and
inserting ``standards, including standards relating to the
reporting of infrastructure assets;'';
(3) in paragraph (10), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(11) the State will establish, maintain, invest, and credit
the fund with repayments, such that the fund balance will be
available in perpetuity for activities under this Act;
``(12) any fees charged by the State to recipients of
assistance that are considered program income will be used for the
purpose of financing the cost of administering the fund or
financing projects or activities eligible for assistance from the
fund;
``(13) beginning in fiscal year 2016, the State will require as
a condition of providing assistance to a municipality or
intermunicipal, interstate, or State agency that the recipient of
such assistance certify, in a manner determined by the Governor of
the State, that the recipient--
``(A) has studied and evaluated the cost and effectiveness
of the processes, materials, techniques, and technologies for
carrying out the proposed project or activity for which
assistance is sought under this title; and
``(B) has selected, to the maximum extent practicable, a
project or activity that maximizes the potential for efficient
water use, reuse, recapture, and conservation, and energy
conservation, taking into account--
``(i) the cost of constructing the project or activity;
``(ii) the cost of operating and maintaining the
project or activity over the life of the project or
activity; and
``(iii) the cost of replacing the project or activity;
and
``(14) a contract to be carried out using funds directly made
available by a capitalization grant under this title for program
management, construction management, feasibility studies,
preliminary engineering, design, engineering, surveying, mapping,
or architectural related services shall be negotiated in the same
manner as a contract for architectural and engineering services is
negotiated under chapter 11 of title 40, United States Code, or an
equivalent State qualifications-based requirement (as determined by
the Governor of the State).''.
SEC. 5003. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Projects and Activities Eligible for Assistance.--The amounts
of funds available to each State water pollution control revolving fund
shall be used only for providing financial assistance--
``(1) to any municipality or intermunicipal, interstate, or
State agency for construction of publicly owned treatment works (as
defined in section 212);
``(2) for the implementation of a management program
established under section 319;
``(3) for development and implementation of a conservation and
management plan under section 320;
``(4) for the construction, repair, or replacement of
decentralized wastewater treatment systems that treat municipal
wastewater or domestic sewage;
``(5) for measures to manage, reduce, treat, or recapture
stormwater or subsurface drainage water;
``(6) to any municipality or intermunicipal, interstate, or
State agency for measures to reduce the demand for publicly owned
treatment works capacity through water conservation, efficiency, or
reuse;
``(7) for the development and implementation of watershed
projects meeting the criteria set forth in section 122;
``(8) to any municipality or intermunicipal, interstate, or
State agency for measures to reduce the energy consumption needs
for publicly owned treatment works;
``(9) for reusing or recycling wastewater, stormwater, or
subsurface drainage water;
``(10) for measures to increase the security of publicly owned
treatment works; and
``(11) to any qualified nonprofit entity, as determined by the
Administrator, to provide assistance to owners and operators of
small and medium publicly owned treatment works--
``(A) to plan, develop, and obtain financing for eligible
projects under this subsection, including planning, design, and
associated preconstruction activities; and
``(B) to assist such treatment works in achieving
compliance with this Act.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``20 years'' and
inserting ``the lesser of 30 years and the projected useful
life (as determined by the State) of the project to be
financed with the proceeds of the loan'';
(ii) in subparagraph (B), by striking ``not later than
20 years after project completion'' and inserting ``upon
the expiration of the term of the loan'';
(iii) in subparagraph (C), by striking ``and'' at the
end;
(iv) in subparagraph (D), by inserting ``and'' after
the semicolon at the end; and
(v) by adding at the end the following:
``(E) for a treatment works proposed for repair,
replacement, or expansion, and eligible for assistance under
subsection (c)(1), the recipient of a loan shall--
``(i) develop and implement a fiscal sustainability
plan that includes--
``(I) an inventory of critical assets that are a
part of the treatment works;
``(II) an evaluation of the condition and
performance of inventoried assets or asset groupings;
``(III) a certification that the recipient has
evaluated and will be implementing water and energy
conservation efforts as part of the plan; and
``(IV) a plan for maintaining, repairing, and, as
necessary, replacing the treatment works and a plan for
funding such activities; or
``(ii) certify that the recipient has developed and
implemented a plan that meets the requirements under clause
(i);''; and
(B) in paragraph (7), by inserting ``, $400,000 per year,
or \1/5\ percent per year of the current valuation of the fund,
whichever amount is greatest, plus the amount of any fees
collected by the State for such purpose regardless of the
source'' before the period at the end; and
(3) by adding at the end the following:
``(i) Additional Subsidization.--
``(1) In general.--In any case in which a State provides
assistance to a municipality or intermunicipal, interstate, or
State agency under subsection (d), the State may provide additional
subsidization, including forgiveness of principal and negative
interest loans--
``(A) to benefit a municipality that--
``(i) meets the affordability criteria of the State
established under paragraph (2); or
``(ii) does not meet the affordability criteria of the
State if the recipient--
``(I) seeks additional subsidization to benefit
individual ratepayers in the residential user rate
class;
``(II) demonstrates to the State that such
ratepayers will experience a significant hardship from
the increase in rates necessary to finance the project
or activity for which assistance is sought; and
``(III) ensures, as part of an assistance agreement
between the State and the recipient, that the
additional subsidization provided under this paragraph
is directed through a user charge rate system (or other
appropriate method) to such ratepayers; or
``(B) to implement a process, material, technique, or
technology--
``(i) to address water-efficiency goals;
``(ii) to address energy-efficiency goals;
``(iii) to mitigate stormwater runoff; or
``(iv) to encourage sustainable project planning,
design, and construction.
``(2) Affordability criteria.--
``(A) Establishment.--
``(i) In general.--Not later than September 30, 2015,
and after providing notice and an opportunity for public
comment, a State shall establish affordability criteria to
assist in identifying municipalities that would experience
a significant hardship raising the revenue necessary to
finance a project or activity eligible for assistance under
subsection (c)(1) if additional subsidization is not
provided.
``(ii) Contents.--The criteria under clause (i) shall
be based on income and unemployment data, population
trends, and other data determined relevant by the State,
including whether the project or activity is to be carried
out in an economically distressed area, as described in
section 301 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3161).
``(B) Existing criteria.--If a State has previously
established, after providing notice and an opportunity for
public comment, affordability criteria that meet the
requirements of subparagraph (A)--
``(i) the State may use the criteria for the purposes
of this subsection; and
``(ii) those criteria shall be treated as affordability
criteria established under this paragraph.
``(C) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under subparagraph (A).
``(3) Limitations.--
``(A) In general.--A State may provide additional
subsidization in a fiscal year under this subsection only if
the total amount appropriated for making capitalization grants
to all States under this title for the fiscal year exceeds
$1,000,000,000.
``(B) Additional limitation.--
``(i) General rule.--Subject to clause (ii), a State
may use not more than 30 percent of the total amount
received by the State in capitalization grants under this
title for a fiscal year for providing additional
subsidization under this subsection.
``(ii) Exception.--If, in a fiscal year, the amount
appropriated for making capitalization grants to all States
under this title exceeds $1,000,000,000 by a percentage
that is less than 30 percent, clause (i) shall be applied
by substituting that percentage for 30 percent.
``(C) Applicability.--The authority of a State to provide
additional subsidization under this subsection shall apply to
amounts received by the State in capitalization grants under
this title for fiscal years beginning after September 30, 2014.
``(D) Consideration.--If the State provides additional
subsidization to a municipality or intermunicipal, interstate,
or State agency under this subsection that meets the criteria
under paragraph (1)(A), the State shall take the criteria set
forth in section 602(b)(5) into consideration.''.
SEC. 5004. REQUIREMENTS.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following:
``SEC. 608. REQUIREMENTS.
``(a) In General.--Funds made available from a State water
pollution control revolving fund established under this title may not
be used for a project for the construction, alteration, maintenance, or
repair of treatment works unless all of the iron and steel products
used in the project are produced in the United States.
``(b) Definition of Iron and Steel Products.--In this section, the
term `iron and steel products' means the following products made
primarily of iron or steel: lined or unlined pipes and fittings,
manhole covers and other municipal castings, hydrants, tanks, flanges,
pipe clamps and restraints, valves, structural steel, reinforced
precast concrete, construction materials.
``(c) Application.--Subsection (a) shall not apply in any case or
category of cases in which the Administrator finds that--
``(1) applying subsection (a) would be inconsistent with the
public interest;
``(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
``(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by more
than 25 percent.
``(d) Waiver.--If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to the
public, on an informal basis, a copy of the request and information
available to the Administrator concerning the request, and shall allow
for informal public input on the request for at least 15 days prior to
making a finding based on the request. The Administrator shall make the
request and accompanying information available by electronic means,
including on the official public Internet site of the Environmental
Protection Agency.
``(e) International Agreements.--This section shall be applied in a
manner consistent with United States obligations under international
agreements.
``(f) Management and Oversight.--The Administrator may retain up to
0.25 percent of the funds appropriated for this title for management
and oversight of the requirements of this section.
``(g) Effective Date.--This section does not apply with respect to
a project if a State agency approves the engineering plans and
specifications for the project, in that agency's capacity to approve
such plans and specifications prior to a project requesting bids, prior
to the date of enactment of the Water Resources Reform and Development
Act of 2014.''.
SEC. 5005. REPORT ON THE ALLOTMENT OF FUNDS.
(a) Review.--The Administrator of the Environmental Protection
Agency shall conduct a review of the allotment formula in effect on the
date of enactment of this Act for allocation of funds authorized under
title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et
seq.) to determine whether that formula adequately addresses the water
quality needs of eligible States, territories, and Indian tribes, based
on--
(1) the most recent survey of needs developed by the
Administrator under section 516(b) of that Act (33 U.S.C. 1375(b));
and
(2) any other information the Administrator considers
appropriate.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator 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 and
make publicly available a report on the results of the review under
subsection (a), including any recommendations for changing the
allotment formula.
SEC. 5006. EFFECTIVE DATE.
This subtitle, including any amendments made by the subtitle, shall
take effect on October 1, 2014.
Subtitle B--General Provisions
SEC. 5011. WATERSHED PILOT PROJECTS.
Section 122 of the Federal Water Pollution Control Act (33 U.S.C.
1274) is amended--
(1) in the section heading, by striking ``wet weather'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``for treatment works'' and inserting
``to a municipality or municipal entity''; and
(ii) by striking ``of wet weather discharge control'';
(B) in paragraph (2), by striking ``in reducing such
pollutants'' and all that follows before the period at the end
and inserting ``to manage, reduce, treat, recapture, or reuse
municipal stormwater, including techniques that utilize
infiltration, evapotranspiration, and reuse of stormwater
onsite''; and
(C) by adding at the end the following:
``(3) Watershed partnerships.--Efforts of municipalities and
property owners to demonstrate cooperative ways to address nonpoint
sources of pollution to reduce adverse impacts on water quality.
``(4) Integrated water resource plan.--The development of an
integrated water resource plan for the coordinated management and
protection of surface water, ground water, and stormwater resources
on a watershed or subwatershed basis to meet the objectives, goals,
and policies of this Act.
``(5) Municipality-wide stormwater management planning.--The
development of a municipality-wide plan that identifies the most
effective placement of stormwater technologies and management
approaches, to reduce water quality impairments from stormwater on
a municipality-wide basis.
``(6) Increased resilience of treatment works.--Efforts to
assess future risks and vulnerabilities of publicly owned treatment
works to manmade or natural disasters, including extreme weather
events and sea-level rise, and to carry out measures, on a
systemwide or area-wide basis, to increase the resiliency of
publicly owned treatment works.'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) as subsection (c); and
(5) in subsection (c) (as so redesignated) by striking ``5
years after the date of enactment of this section,'' and inserting
``October 1, 2015,''.
SEC. 5012. DEFINITION OF TREATMENT WORKS.
(a) Grants for Construction of Treatment Works.--Section 212(2)(A)
of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is
amended--
(1) by striking ``any works, including site'';
(2) by striking ``is used for ultimate'' and inserting ``will
be used for ultimate''; and
(3) by inserting before the period at the end the following:
``and acquisition of other land, and interests in land, that are
necessary for construction''.
(b) Definitions.--Section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362) is amended by adding at the end the
following:
``(26) Treatment works.--The term `treatment works' has the
meaning given the term in section 212.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014.
SEC. 5013. FUNDING FOR INDIAN PROGRAMS.
Section 518(c) of the Federal Water Pollution Control Act (33
U.S.C. 1377(c)) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) Fiscal years 1987-2014.--The Administrator'';
(2) in paragraph (1) (as so designated)--
(A) by striking ``each fiscal year beginning after
September 30, 1986,'' and inserting ``each of fiscal years 1987
through 2014,''; and
(B) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Fiscal year 2015 and thereafter.--For fiscal year 2015
and each fiscal year thereafter, the Administrator shall reserve,
before allotments to the States under section 604(a), not less than
0.5 percent and not more than 2.0 percent of the funds made
available to carry out title VI.
``(3) Use of funds.--Funds reserved under this subsection shall
be available only for grants for projects and activities eligible
for assistance under section 603(c) to serve--
``(A) Indian tribes (as defined in subsection (h));
``(B) former Indian reservations in Oklahoma (as determined
by the Secretary of the Interior); and
``(C) Native villages (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).''.
SEC. 5014. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
(a) In General.--The Secretary shall establish a pilot program to
evaluate the cost effectiveness and project delivery efficiency of
allowing non-Federal pilot applicants to carry out authorized water
resources development projects for coastal harbor improvement, channel
improvement, inland navigation, flood damage reduction, aquatic
ecosystem restoration, and hurricane and storm damage reduction.
(b) Purposes.--The purposes of the pilot program established under
subsection (a) are--
(1) to identify cost-saving project delivery alternatives that
reduce the backlog of authorized Corps of Engineers projects; and
(2) to evaluate the technical, financial, and organizational
benefits of allowing a non-Federal pilot applicant to carry out and
manage the design or construction (or both) of 1 or more of such
projects.
(c) Subsequent Appropriations.--Any activity undertaken under this
section is authorized only to the extent specifically provided for in
subsequent appropriations Acts.
(d) Administration.--In carrying out the pilot program established
under subsection (a), the Secretary shall--
(1) identify for inclusion in the program at least 15 projects
that are authorized for construction for coastal harbor
improvement, channel improvement, inland navigation, flood damage
reduction, or hurricane and storm damage reduction;
(2) notify in writing the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of each project
identified under paragraph (1);
(3) in consultation with the non-Federal pilot applicant
associated with each project identified under paragraph (1),
develop a detailed project management plan for the project that
outlines the scope, financing, budget, design, and construction
resource requirements necessary for the non-Federal pilot applicant
to execute the project, or a separable element of the project;
(4) at the request of the non-Federal pilot applicant
associated with each project identified under paragraph (1), enter
into a project partnership agreement with the non-Federal pilot
applicant under which the non-Federal pilot applicant is provided
full project management control for the financing, design, or
construction (or any combination thereof) of the project, or a
separable element of the project, in accordance with plans approved
by the Secretary;
(5) following execution of a project partnership agreement
under paragraph (4) and completion of all work under the agreement,
issue payment, in accordance with subsection (g), to the relevant
non-Federal pilot applicant for that work; and
(6) regularly monitor and audit each project carried out under
the program to ensure that all activities related to the project
are carried out in compliance with plans approved by the Secretary
and that construction costs are reasonable.
(e) Selection Criteria.--In identifying projects under subsection
(d)(1), the Secretary shall consider the extent to which the project--
(1) is significant to the economy of the United States;
(2) leverages Federal investment by encouraging non-Federal
contributions to the project;
(3) employs innovative project delivery and cost-saving
methods;
(4) received Federal funds in the past and experienced delays
or missed scheduled deadlines;
(5) has unobligated Corps of Engineers funding balances; and
(6) has not received Federal funding for recapitalization and
modernization since the project was authorized.
(f) Detailed Project Schedule.--Not later than 180 days after
entering into a project partnership agreement under subsection (d)(4),
a non-Federal pilot applicant, to the maximum extent practicable, shall
submit to the Secretary a detailed project schedule for the relevant
project, based on estimated funding levels, that specifies deadlines
for each milestone with respect to the project.
(g) Payment.--Payment to the non-Federal pilot applicant for work
completed pursuant to a project partnership agreement under subsection
(d)(4) may be made from--
(1) if applicable, the balance of the unobligated amounts
appropriated for the project; and
(2) other amounts appropriated to the Corps of Engineers,
subject to the condition that the total amount transferred to the
non-Federal pilot applicant may not exceed the estimate of the
Federal share of the cost of construction, including any required
design.
(h) Technical Assistance.--At the request of a non-Federal pilot
applicant participating in the pilot program established under
subsection (a), the Secretary may provide to the non-Federal pilot
applicant, if the non-Federal pilot applicant contracts with and
compensates the Secretary, technical assistance with respect to--
(1) a study, engineering activity, or design activity related
to a project carried out by the non-Federal pilot applicant under
the program; and
(2) obtaining permits necessary for such a project.
(i) Identification of Impediments.--
(1) In general.--The Secretary shall--
(A) except as provided in paragraph (2), identify any
procedural requirements under the authority of the Secretary
that impede greater use of public-private partnerships and
private investment in water resources development projects;
(B) develop and implement, on a project-by-project basis,
procedures and approaches that--
(i) address such impediments; and
(ii) protect the public interest and any public
investment in water resources development projects that
involve public-private partnerships or private investment
in water resources development projects; and
(C) not later than 1 year after the date of enactment of
this section, issue rules to carry out the procedures and
approaches developed under subparagraph (B).
(2) Rule of construction.--Nothing in this section allows the
Secretary to waive any requirement under--
(A) sections 3141 through 3148 and sections 3701 through
3708 of title 40, United States Code;
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(C) any other provision of Federal law.
(j) Public Benefit Studies.--
(1) In general.--Before entering into a project partnership
agreement under subsection (d)(4), the Secretary shall conduct an
assessment of whether, and provide justification in writing to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that, the proposed agreement provides better public
and financial benefits than a similar transaction using public
funding or financing.
(2) Requirements.--An assessment under paragraph (1) shall--
(A) be completed in a period of not more than 90 days;
(B) take into consideration any supporting materials and
data submitted by the relevant non-Federal pilot applicant and
other stakeholders; and
(C) determine whether the proposed project partnership
agreement is in the public interest by determining whether the
agreement will provide public and financial benefits, including
expedited project delivery and savings for taxpayers.
(k) Non-Federal Funding.--The non-Federal pilot applicant may
finance the non-Federal share of a project carried out under the pilot
program established under subsection (a).
(l) Applicability of Federal Law.--Any provision of Federal law
that would apply to the Secretary if the Secretary were carrying out a
project shall apply to a non-Federal pilot applicant carrying out a
project under this section.
(m) Cost Share.--Nothing in this section affects a cost-sharing
requirement under Federal law that is applicable to a project carried
out under the pilot program established under subsection (a).
(n) Report.--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 and make publicly
available a report describing the results of the pilot program
established under subsection (a), including any recommendations of the
Secretary concerning whether the program or any component of the
program should be implemented on a national basis.
(o) Non-Federal Pilot Applicant Defined.--In this section, the term
``non-Federal pilot applicant'' means--
(1) the non-Federal sponsor of the water resources development
project;
(2) a non-Federal interest, as defined in section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1982d-5b); or
(3) a private entity with the consent of the local government
in which the project is located or that is otherwise affected by
the project.
Subtitle C--Innovative Financing Pilot Projects
SEC. 5021. SHORT TITLE.
This subtitle may be cited as the ``Water Infrastructure Finance
and Innovation Act of 2014''.
SEC. 5022. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(3) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan or loan guarantee authorized to
be made available under this subtitle with respect to a project.
(4) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB (low),
or higher assigned by a rating agency to project obligations.
(5) Lender.--
(A) In general.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or a
successor regulation), known as Rule 144A(a) of the Securities
and Exchange Commission and issued under the Securities Act of
1933 (15 U.S.C. 77a et seq.)).
(B) Inclusions.--The term ``lender'' includes--
(i) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
(ii) a governmental plan (as defined in section 414(d)
of the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
(6) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Secretary or the Administrator to
pay all or part of the principal of, and interest on, a loan or
other debt obligation issued by an obligor and funded by a lender.
(7) Obligor.--The term ``obligor'' means an eligible entity
that is primarily liable for payment of the principal of, or
interest on, a Federal credit instrument.
(8) Project obligation.--
(A) In general.--The term ``project obligation'' means any
note, bond, debenture, or other debt obligation issued by an
obligor in connection with the financing of a project.
(B) Exclusion.--The term ``project obligation'' does not
include a Federal credit instrument.
(9) Rating agency.--The term ``rating agency'' means a credit
rating agency registered with the Securities and Exchange
Commission as a nationally recognized statistical rating
organization (as defined in section 3(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a))).
(10) Secured loan.--The term ``secured loan'' means a direct
loan or other debt obligation issued by an obligor and funded by
the Secretary or Administrator, as applicable, in connection with
the financing of a project under section 5029.
(11) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(12) State infrastructure financing authority.--The term
``State infrastructure financing authority'' means the State entity
established or designated by the Governor of a State to receive a
capitalization grant provided by, or otherwise carry out the
requirements of, title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12).
(13) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated long-
term cost to the Federal Government of a Federal credit instrument,
as calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays in accordance with the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.).
(14) Substantial completion.--The term ``substantial
completion'', with respect to a project, means the earliest date on
which a project is considered to perform the functions for which
the project is designed.
(15) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 5023. AUTHORITY TO PROVIDE ASSISTANCE.
(a) In General.--The Secretary and the Administrator may provide
financial assistance under this subtitle to carry out pilot projects,
which shall be selected to ensure a diversity of project types and
geographical locations.
(b) Responsibility.--
(1) Secretary.--The Secretary shall carry out all pilot
projects under this subtitle that are eligible projects under
section 5026(1).
(2) Administrator.--The Administrator shall carry out all pilot
projects under this subtitle that are eligible projects under
paragraphs (2), (3), (4), (5), (6), and (8) of section 5026.
(3) Other projects.--The Secretary or the Administrator, as
applicable, may carry out eligible projects under paragraph (7) or
(9) of section 5026.
SEC. 5024. APPLICATIONS.
(a) In General.--To receive assistance under this subtitle, an
eligible entity shall submit to the Secretary or the Administrator, as
applicable, an application at such time, in such manner, and containing
such information as the Secretary or the Administrator may require.
(b) Combined Projects.--In the case of an eligible project
described in paragraph (8) or (9) of section 5026, the Secretary or the
Administrator, as applicable, shall require the eligible entity to
submit a single application for the combined group of projects.
SEC. 5025. ELIGIBLE ENTITIES.
The following entities are eligible to receive assistance under
this subtitle:
(1) A corporation.
(2) A partnership.
(3) A joint venture.
(4) A trust.
(5) A Federal, State, or local governmental entity, agency, or
instrumentality.
(6) A tribal government or consortium of tribal governments.
(7) A State infrastructure financing authority.
SEC. 5026. PROJECTS ELIGIBLE FOR ASSISTANCE.
The following projects may be carried out with amounts made
available under this subtitle:
(1) Any project for flood damage reduction, hurricane and storm
damage reduction, environmental restoration, coastal or inland
harbor navigation improvement, or inland and intracoastal waterways
navigation improvement that the Secretary determines is technically
sound, economically justified, and environmentally acceptable,
including--
(A) a project to reduce flood damage;
(B) a project to restore aquatic ecosystems;
(C) a project to improve the inland and intracoastal
waterways navigation system of the United States; and
(D) a project to improve navigation of a coastal or inland
harbor of the United States, including channel deepening and
construction of associated general navigation features.
(2) 1 or more activities that are eligible for assistance under
section 603(c) of the Federal Water Pollution Control Act (33
U.S.C. 1383(c)), notwithstanding the public ownership requirement
under paragraph (1) of that subsection.
(3) 1 or more activities described in section 1452(a)(2) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)).
(4) A project for enhanced energy efficiency in the operation
of a public water system or a publicly owned treatment works.
(5) A project for repair, rehabilitation, or replacement of a
treatment works, community water system, or aging water
distribution or waste collection facility (including a facility
that serves a population or community of an Indian reservation).
(6) A brackish or sea water desalination project, a managed
aquifer recharge project, or a water recycling project.
(7) Acquisition of real property or an interest in real
property--
(A) if the acquisition is integral to a project described
in paragraphs (1) through (6); or
(B) pursuant to an existing plan that, in the judgment of
the Administrator or the Secretary, as applicable, would
mitigate the environmental impacts of water resources
infrastructure projects otherwise eligible for assistance under
this section.
(8) A combination of projects, each of which is eligible under
paragraph (2) or (3), for which a State infrastructure financing
authority submits to the Administrator a single application.
(9) A combination of projects secured by a common security
pledge, each of which is eligible under paragraph (1), (2), (3),
(4), (5), (6), or (7), for which an eligible entity, or a
combination of eligible entities, submits a single application.
SEC. 5027. ACTIVITIES ELIGIBLE FOR ASSISTANCE.
For purposes of this subtitle, an eligible activity with respect to
an eligible project includes the cost of--
(1) development-phase activities, including planning,
feasibility analysis (including any related analysis necessary to
carry out an eligible project), revenue forecasting, environmental
review, permitting, preliminary engineering and design work, and
other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and
replacement activities;
(3) the acquisition of real property or an interest in real
property (including water rights, land relating to the project, and
improvements to land), environmental mitigation (including
acquisitions pursuant to section 5026(7)), construction
contingencies, and acquisition of equipment; and
(4) capitalized interest necessary to meet market requirements,
reasonably required reserve funds, capital issuance expenses, and
other carrying costs during construction.
SEC. 5028. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility Requirements.--To be eligible to receive financial
assistance under this subtitle, a project shall meet the following
criteria, as determined by the Secretary or Administrator, as
applicable:
(1) Creditworthiness.--
(A) In general.--The project and obligor shall be
creditworthy, which shall be determined by the Secretary or the
Administrator, as applicable.
(B) Considerations.--In determining the creditworthiness of
a project and obligor, the Secretary or the Administrator, as
applicable, shall take into consideration relevant factors,
including--
(i) the terms, conditions, financial structure, and
security features of the proposed financing;
(ii) the dedicated revenue sources that will secure or
fund the project obligations;
(iii) the financial assumptions upon which the project
is based; and
(iv) the financial soundness and credit history of the
obligor.
(C) Security features.--The Secretary or the Administrator,
as applicable, shall ensure that any financing for the project
has appropriate security features, such as a rate covenant,
supporting the project obligations to ensure repayment.
(D) Rating opinion letters.--
(i) Preliminary rating opinion letter.--The Secretary
or the Administrator, as applicable, shall require each
project applicant to provide, at the time of application, a
preliminary rating opinion letter from at least 1 rating
agency indicating that the senior obligations of the
project (which may be the Federal credit instrument) have
the potential to achieve an investment-grade rating.
(ii) Final rating opinion letters.--The Secretary or
the Administrator, as applicable, shall require each
project applicant to provide, prior to final acceptance and
financing of the project, final rating opinion letters from
at least 2 rating agencies indicating that the senior
obligations of the project have an investment-grade rating.
(E) Special rule for certain combined projects.--The
Administrator shall develop a credit evaluation process for a
Federal credit instrument provided to a State infrastructure
financing authority for a project under section 5026(8) or an
entity for a project under section 5026(9), which may include
requiring the provision of a final rating opinion letter from
at least 2 rating agencies.
(2) Eligible project costs.--
(A) In general.--Subject to subparagraph (B), the eligible
project costs of a project shall be reasonably anticipated to
be not less than $20,000,000.
(B) Small community water infrastructure projects.--For a
project described in paragraph (2) or (3) of section 5026 that
serves a community of not more than 25,000 individuals, the
eligible project costs of a project shall be reasonably
anticipated to be not less than $5,000,000.
(3) Dedicated revenue sources.--The Federal credit instrument
for the project shall be repayable, in whole or in part, from
dedicated revenue sources that also secure the project obligations.
(4) Public sponsorship of private entities.--
(A) In general.--If an eligible project is carried out by
an entity that is not a State or local government or an agency
or instrumentality of a State or local government or a tribal
government or consortium of tribal governments, the project
shall be publicly sponsored.
(B) Public sponsorship.--For purposes of this subtitle, a
project shall be considered to be publicly sponsored if the
obligor can demonstrate, to the satisfaction of the Secretary
or the Administrator, as appropriate, that the project
applicant has consulted with the affected State, local, or
tribal government in which the project is located, or is
otherwise affected by the project, and that such government
supports the proposed project.
(5) Limitation.--No project receiving Federal credit assistance
under this subtitle may be financed (directly or indirectly), in
whole or in part, with proceeds of any obligation--
(A) the interest on which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(B) with respect to which credit is allowable under subpart
I or J of part IV of subchapter A of chapter 1 of such Code.
(6) Use of existing financing mechanisms.--
(A) Notification.--For each eligible project for which the
Administrator has authority under paragraph (2) or (3) of
section 5023(b) and for which the Administrator has received an
application for financial assistance under this subtitle, the
Administrator shall notify, not later than 30 days after the
date on which the Administrator receives a complete
application, the applicable State infrastructure financing
authority of the State in which the project is located that
such application has been submitted.
(B) Determination.--If, not later than 60 days after the
date of receipt of a notification under subparagraph (A), a
State infrastructure financing authority notifies the
Administrator that the State infrastructure financing authority
intends to commit funds to the project in an amount that is
equal to or greater than the amount requested under the
application, the Administrator may not provide any financial
assistance for that project under this subtitle unless--
(i) by the date that is 180 days after the date of
receipt of a notification under subparagraph (A), the State
infrastructure financing authority fails to enter into an
assistance agreement to provide funds for the project; or
(ii) the financial assistance to be provided by the
State infrastructure financing authority will be at rates
and terms that are less favorable than the rates and terms
for financial assistance provided under this subtitle.
(7) Operation and maintenance plan.--
(A) In general.--The Secretary or the Administrator, as
applicable, shall determine whether an applicant for assistance
under this subtitle has developed, and identified adequate
revenues to implement, a plan for operating, maintaining, and
repairing the project over the useful life of the project.
(B) Special rule.--An eligible project described in section
5026(1) that has not been specifically authorized by Congress
shall not be eligible for Federal assistance for operations and
maintenance.
(b) Selection Criteria.--
(1) Establishment.--The Secretary or the Administrator, as
applicable, shall establish criteria for the selection of projects
that meet the eligibility requirements of subsection (a), in
accordance with paragraph (2).
(2) Criteria.--The selection criteria shall include the
following:
(A) The extent to which the project is nationally or
regionally significant, with respect to the generation of
economic and public benefits, such as--
(i) the reduction of flood risk;
(ii) the improvement of water quality and quantity,
including aquifer recharge;
(iii) the protection of drinking water, including
source water protection; and
(iv) the support of international commerce.
(B) The extent to which the project financing plan includes
public or private financing in addition to assistance under
this subtitle.
(C) The likelihood that assistance under this subtitle
would enable the project to proceed at an earlier date than the
project would otherwise be able to proceed.
(D) The extent to which the project uses new or innovative
approaches.
(E) The amount of budget authority required to fund the
Federal credit instrument made available under this subtitle.
(F) The extent to which the project--
(i) protects against extreme weather events, such as
floods or hurricanes; or
(ii) helps maintain or protect the environment.
(G) The extent to which a project serves regions with
significant energy exploration, development, or production
areas.
(H) The extent to which a project serves regions with
significant water resource challenges, including the need to
address--
(i) water quality concerns in areas of regional,
national, or international significance;
(ii) water quantity concerns related to groundwater,
surface water, or other water sources;
(iii) significant flood risk;
(iv) water resource challenges identified in existing
regional, State, or multistate agreements; or
(v) water resources with exceptional recreational value
or ecological importance.
(I) The extent to which the project addresses identified
municipal, State, or regional priorities.
(J) The readiness of the project to proceed toward
development, including a demonstration by the obligor that
there is a reasonable expectation that the contracting process
for construction of the project can commence by not later than
90 days after the date on which a Federal credit instrument is
obligated for the project under this subtitle.
(K) The extent to which assistance under this subtitle
reduces the contribution of Federal assistance to the project.
(3) Special rule for certain combined projects.--For a project
described in section 5026(8), the Administrator shall only consider
the criteria described in subparagraphs (B) through (K) of
paragraph (2).
(c) Federal Requirements.--Nothing in this section supersedes the
applicability of other requirements of Federal law (including
regulations).
SEC. 5029. SECURED LOANS.
(a) Agreements.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary or the Administrator, as applicable, may enter into
agreements with 1 or more obligors to make secured loans, the
proceeds of which shall be used to finance eligible project costs
of any project selected under section 5028.
(2) Financial risk assessment.--Before entering into an
agreement under this subsection for a secured loan, the Secretary
or the Administrator, as applicable, in consultation with the
Director of the Office of Management and Budget and each rating
agency providing a rating opinion letter under section
5028(a)(1)(D), shall determine an appropriate capital reserve
subsidy amount for the secured loan, taking into account each such
rating opinion letter.
(3) Investment-grade rating requirement.--The execution of a
secured loan under this section shall be contingent on receipt by
the senior obligations of the project of an investment-grade
rating.
(b) Terms and Limitations.--
(1) In general.--A secured loan provided for a project under
this section shall be subject to such terms and conditions, and
contain such covenants, representations, warranties, and
requirements (including requirements for audits), as the Secretary
or the Administrator, as applicable, determines to be appropriate.
(2) Maximum amount.--The amount of a secured loan under this
section shall not exceed the lesser of--
(A) an amount equal to 49 percent of the reasonably
anticipated eligible project costs; and
(B) if the secured loan does not receive an investment-
grade rating, the amount of the senior project obligations of
the project.
(3) Payment.--A secured loan under this section--
(A) shall be payable, in whole or in part, from State or
local taxes, user fees, or other dedicated revenue sources that
also secure the senior project obligations of the relevant
project;
(B) shall include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
(C) may have a lien on revenues described in subparagraph
(A), subject to any lien securing project obligations.
(4) Interest rate.--The interest rate on a secured loan under
this section shall be not less than the yield on United States
Treasury securities of a similar maturity to the maturity of the
secured loan on the date of execution of the loan agreement.
(5) Maturity date.--
(A) In general.--The final maturity date of a secured loan
under this section shall be the earlier of--
(i) the date that is 35 years after the date of
substantial completion of the relevant project (as
determined by the Secretary or the Administrator, as
applicable); and
(ii) if the useful life of the project (as determined
by the Secretary or Administrator, as applicable) is less
than 35 years, the useful life the project.
(B) Special rule for state infrastructure financing
authorities.--The final maturity date of a secured loan to a
State infrastructure financing authority under this section
shall be not later than 35 years after the date on which
amounts are first disbursed.
(6) Nonsubordination.--A secured loan under this section shall
not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or liquidation
of the obligor of the project.
(7) Fees.--The Secretary or the Administrator, as applicable,
may establish fees at a level sufficient to cover all or a portion
of the costs to the Federal Government of making a secured loan
under this section.
(8) Non-federal share.--The proceeds of a secured loan under
this section may be used to pay any non-Federal share of project
costs required if the loan is repayable from non-Federal funds.
(9) Maximum federal involvement.--
(A) In general.--Except as provided in subparagraph (B),
for each project for which assistance is provided under this
subtitle, the total amount of Federal assistance shall not
exceed 80 percent of the total project cost.
(B) Exceptions.--Subparagraph (A) shall not apply to any
rural water project--
(i) that is authorized to be carried out by the
Secretary of the Interior;
(ii) that includes among its beneficiaries a federally
recognized Indian tribe; and
(iii) for which the authorized Federal share of the
total project costs is greater than the amount described in
subparagraph (A).
(c) Repayment.--
(1) Schedule.--The Secretary or the Administrator, as
applicable, shall establish a repayment schedule for each secured
loan provided under this section, based on the projected cash flow
from project revenues and other repayment sources.
(2) Commencement.--
(A) In general.--Scheduled loan repayments of principal or
interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project (as determined by the Secretary or
Administrator, as applicable).
(B) Special rule for state infrastructure financing
authorities.--Scheduled loan repayments of principal or
interest on a secured loan to a State infrastructure financing
authority under this subtitle shall commence not later than 5
years after the date on which amounts are first disbursed.
(3) Deferred payments.--
(A) Authorization.--If, at any time after the date of
substantial completion of a project for which a secured loan is
provided under this section, the project is unable to generate
sufficient revenues to pay the scheduled loan repayments of
principal and interest on the secured loan, the Secretary or
the Administrator, as applicable, subject to subparagraph (C),
may allow the obligor to add unpaid principal and interest to
the outstanding balance of the secured loan.
(B) Interest.--Any payment deferred under subparagraph (A)
shall--
(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
(ii) be scheduled to be amortized over the remaining
term of the secured loan.
(C) Criteria.--
(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the project meeting
such criteria as the Secretary or the Administrator, as
applicable, may establish.
(ii) Repayment standards.--The criteria established
under clause (i) shall include standards for reasonable
assurance of repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements on
the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay a secured loan under this
section without penalty.
(B) Use of proceeds of refinancing.--A secured loan under
this section may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the date of substantial completion of a project
and after providing a notice to the obligor, the Secretary or the
Administrator, as applicable, may sell to another entity or reoffer
into the capital markets a secured loan for a project under this
section, if the Secretary or the Administrator, as applicable,
determines that the sale or reoffering can be made on favorable
terms.
(2) Consent of obligor.--In making a sale or reoffering under
paragraph (1), the Secretary or the Administrator, as applicable,
may not change the original terms and conditions of the secured
loan without the written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary or the Administrator, as
applicable, may provide a loan guarantee to a lender in lieu of
making a secured loan under this section, if the Secretary or the
Administrator, as applicable, determines that the budgetary cost of
the loan guarantee is substantially the same as that of a secured
loan.
(2) Terms.--The terms of a loan guarantee provided under this
subsection shall be consistent with the terms established in this
section for a secured loan, except that the rate on the guaranteed
loan and any prepayment features shall be negotiated between the
obligor and the lender, with the consent of the Secretary or the
Administrator, as applicable.
SEC. 5030. PROGRAM ADMINISTRATION.
(a) Requirement.--The Secretary or the Administrator, as
applicable, shall establish a uniform system to service the Federal
credit instruments made available under this subtitle.
(b) Fees.--
(1) In general.--The Secretary or the Administrator, as
applicable, may collect and spend fees, contingent on authority
being provided in appropriations Acts, at a level that is
sufficient to cover--
(A) the costs of services of expert firms retained pursuant
to subsection (d); and
(B) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments provided under this
subtitle.
(c) Servicer.--
(1) In general.--The Secretary or the Administrator, as
applicable, may appoint a financial entity to assist the Secretary
or the Administrator in servicing the Federal credit instruments
provided under this subtitle.
(2) Duties.--A servicer appointed under paragraph (1) shall act
as the agent for the Secretary or the Administrator, as applicable.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary or
the Administrator, as applicable.
(d) Assistance From Experts.--The Secretary or the Administrator,
as applicable, may retain the services, including counsel, of
organizations and entities with expertise in the field of municipal and
project finance to assist in the underwriting and servicing of Federal
credit instruments provided under this subtitle.
(e) Applicability of Other Laws.--Section 513 of the Federal Water
Pollution Control Act (33 U.S.C. 1372) applies to the construction of a
project carried out, in whole or in part, with assistance made
available through a Federal credit instrument under this subtitle in
the same manner that section applies to a treatment works for which a
grant is made available under that Act.
SEC. 5031. STATE, TRIBAL, AND LOCAL PERMITS.
The provision of financial assistance for a project under this
subtitle shall not--
(1) relieve any recipient of the assistance of any obligation
to obtain any required State, local, or tribal permit or approval
with respect to the project;
(2) limit the right of any unit of State, local, or tribal
government to approve or regulate any rate of return on private
equity invested in the project; or
(3) otherwise supersede any State, local, or tribal law
(including any regulation) applicable to the construction or
operation of the project.
SEC. 5032. REGULATIONS.
The Secretary or the Administrator, as applicable, may promulgate
such regulations as the Secretary or Administrator determines to be
appropriate to carry out this subtitle.
SEC. 5033. FUNDING.
(a) In General.--There is authorized to be appropriated to each of
the Secretary and the Administrator to carry out this subtitle, to
remain available until expended--
(1) $20,000,000 for fiscal year 2015;
(2) $25,000,000 for fiscal year 2016;
(3) $35,000,000 for fiscal year 2017;
(4) $45,000,000 for fiscal year 2018; and
(5) $50,000,000 for fiscal year 2019.
(b) Administrative Costs.--Of the funds made available to carry out
this subtitle, the Secretary or the Administrator, as applicable, may
use for the administration of this subtitle, including for the
provision of technical assistance to aid project sponsors in obtaining
the necessary approvals for the project, not more than $2,200,000 for
each of fiscal years 2015 through 2019.
(c) Small Community Water Infrastructure Projects.--
(1) In general.--For each fiscal year, the Secretary or the
Administrator, as applicable, shall set aside not less than 15
percent of the amounts made available for that fiscal year under
this section for small community water infrastructure projects
described in section 5028(a)(2)(B).
(2) Administration.--Any amounts set aside under paragraph (1)
that remain unobligated on June 1 of the fiscal year for which the
amounts are set aside shall be available for obligation by the
Secretary or the Administrator, as applicable, for projects other
than small community water infrastructure projects.
(d) Additional Funding.--Notwithstanding section 5029(b)(2), the
Secretary or the Administrator, as applicable, may make available up to
25 percent of the amounts made available for each fiscal year under
this section for loans in excess of 49 percent of the total project
costs.
SEC. 5034. REPORTS ON PILOT PROGRAM IMPLEMENTATION.
(a) Agency Reporting.--As soon as practicable after each fiscal
year for which amounts are made available to carry out this subtitle,
the Secretary and the Administrator shall publish on a dedicated,
publicly accessible Internet site--
(1) each application received for assistance under this
subtitle; and
(2) a list of the projects selected for assistance under this
subtitle, including--
(A) a description of each project;
(B) the amount of financial assistance provided for each
project; and
(C) the basis for the selection of each project with
respect to the requirements of this subtitle.
(b) Reports to Congress.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report summarizing for the
projects that are receiving, or have received, assistance under
this subtitle--
(A) the applications received for assistance under this
subtitle;
(B) the projects selected for assistance under this
subtitle, including a description of the projects and the basis
for the selection of those projects with respect to the
requirements of this subtitle;
(C) the type and amount of financial assistance provided
for each project selected for assistance under this subtitle;
(D) the financial performance of each project selected for
assistance under this subtitle, including an evaluation of
whether the objectives of this subtitle are being met;
(E) the benefits and impacts of implementation of this
subtitle, including the public benefit provided by the projects
selected for assistance under this subtitle, including, as
applicable, water quality and water quantity improvement, the
protection of drinking water, and the reduction of flood risk;
and
(F) an evaluation of the feasibility of attracting non-
Federal public or private financing for water infrastructure
projects as a result of the implementation of this subtitle.
(2) Recommendations.--The report under paragraph (1) shall
include--
(A) an evaluation of the impacts (if any) of the limitation
under section 5028(a)(5) on the ability of eligible entities to
finance water infrastructure projects under this subtitle;
(B) a recommendation as to whether the objectives of this
subtitle would be best served--
(i) by continuing the authority of the Secretary or the
Administrator, as applicable, to provide assistance under
this subtitle;
(ii) by establishing a Government corporation or
Government-sponsored enterprise to provide assistance in
accordance with this subtitle; or
(iii) by terminating the authority of the Secretary and
the Administrator under this subtitle and relying on the
capital markets to fund the types of infrastructure
investments assisted by this subtitle without Federal
participation; and
(C) any proposed changes to improve the efficiency and
effectiveness of this subtitle in providing financing for water
infrastructure projects, taking into consideration the
recommendations made under subparagraphs (A) and (B).
SEC. 5035. REQUIREMENTS.
(a) In General.--Except as provided in subsection (c), none of the
amounts made available under this subtitle may be used for the
construction, alteration, maintenance, or repair of a project eligible
for assistance under this subtitle unless all of the iron and steel
products used in the project are produced in the United States.
(b) Definition of Iron and Steel Products.--In this section, the
term ``iron and steel products'' means the following products made
primarily of iron or steel: lined or unlined pipes and fittings,
manhole covers and other municipal castings, hydrants, tanks, flanges,
pipe clamps and restraints, valves, structural steel, reinforced
precast concrete, and construction materials.
(c) Application.--Subsection (a) shall not apply in any case or
category of cases in which the Administrator finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(d) Waiver.--If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to the
public, on an informal basis, a copy of the request and information
available to the Administrator concerning the request, and shall allow
for informal public input on the request for at least 15 days prior to
making a finding based on the request. The Administrator shall make the
request and accompanying information available by electronic means,
including on the official public Internet Web site of the Environmental
Protection Agency.
(e) International Agreements.--This section shall be applied in a
manner consistent with United States obligations under international
agreements.
TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION
SEC. 6001. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $18,000,000,000 in water resources development
projects authorized by Congress that are no longer viable for
construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources;
or
(C) an authorizing purpose that is no longer relevant or
feasible;
(2) to create an expedited and definitive process to
deauthorize water resources development projects that are no longer
viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Comprehensive Status Reports.--Section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended by
adding at the end the following:
``(3) Minimum funding list.--At the end of each fiscal year,
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, and make available
on a publicly accessible Internet site in a manner that is
downloadable, searchable, and sortable, a list of--
``(A) projects or separable elements of projects authorized
for construction for which funding has been obligated during
the current fiscal year or any of the 6 preceding fiscal years;
``(B) the amount of funding obligated for each such project
or separable element per fiscal year;
``(C) the current phase of each such project or separable
element of a project; and
``(D) the amount required to complete the current phase of
each such project or separable element.
``(4) Comprehensive backlog report.--
``(A) In general.--The Secretary shall compile and publish
a complete list of all projects and separable elements of
projects of the Corps of Engineers that are authorized for
construction but have not been completed.
``(B) Required information.--The Secretary shall include on
the list developed under subparagraph (A) for each project and
separable element on that list--
``(i) the date of authorization of the project or
separable element, including any subsequent modifications
to the original authorization;
``(ii) the original budget authority for the project or
separable element;
``(iii) a brief description of the project or separable
element;
``(iv) the estimated date of completion of the project
or separable element;
``(v) the estimated cost of completion of the project
or separable element; and
``(vi) any amounts appropriated for the project or
separable element that remain unobligated.
``(C) Publication.--
``(i) In general.--Not later than 1 year after the date
of enactment of this paragraph, the Secretary shall submit
a copy of the list developed under subparagraph (A) to--
``(I) the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(II) the Director of the Office of Management and
Budget.
``(ii) Public availability.--Beginning on the date the
Secretary submits 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.''.
(c) Interim Deauthorization List.--
(1) In general.--The Secretary shall develop an interim
deauthorization list that identifies each water resources
development project, or separable element of a project, authorized
for construction before November 8, 2007, for which--
(A) construction was not initiated before the date of
enactment of this Act; or
(B) construction was initiated before the date of enactment
of this Act, but for which no funds, Federal or non-Federal,
were obligated for construction of the project or separable
element of the project during the current fiscal year or any of
the 6 preceding fiscal years.
(2) Special rule for projects receiving funds for post-
authorization study.--A project or separable element of a project
may not be identified on the interim deauthorization list, or the
final deauthorization list developed under subsection (d), if the
project or separable element received funding for a post-
authorization study during the current fiscal year or any of the 6
preceding fiscal years.
(3) Public comment and consultation.--
(A) In general.--The Secretary shall solicit comments from
the public and the Governors of each applicable State on the
interim deauthorization list developed under paragraph (1).
(B) Comment period.--The public comment period shall be 90
days.
(4) Submission to congress; publication.--Not later than 90
days after the date of submission of the list required by section
1001(b)(4)(A) of the Water Resources Development Act of 1986 (as
added by subsection (b)), the Secretary shall--
(A) submit the interim deauthorization list 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) publish the interim deauthorization list in the Federal
Register.
(d) Final Deauthorization List.--
(1) In general.--The Secretary shall develop a final
deauthorization list of each water resources development project,
or separable element of a project, described in subsection (c)(1)
that is identified pursuant to this subsection.
(2) Deauthorization amount.--
(A) In general.--The Secretary shall include on the final
deauthorization list projects and separable elements of
projects that have, in the aggregate, an estimated Federal cost
to complete that is at least $18,000,000,000.
(B) Determination of federal cost to complete.--For
purposes of subparagraph (A), the Federal cost to complete
shall take into account any allowances authorized by section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280), as applied to the most recent project schedule and cost
estimate.
(3) Identification of projects.--
(A) Sequencing of projects.--
(i) In general.--The Secretary shall identify projects
and separable elements of projects for inclusion on the
final deauthorization list according to the order in which
the projects and separable elements of the projects were
authorized, beginning with the earliest authorized projects
and separable elements of projects and ending once the last
project or separable element of a project necessary to meet
the aggregate amount under paragraph (2) is identified.
(ii) Factors to consider.--The Secretary may identify
projects and separable elements of projects in an order
other than that established by clause (i) if the Secretary
determines, on a case-by-case basis, that a project or
separable element of a project is critical for interests of
the United States, based on the possible impact of the
project or separable element of the project on public
health and safety, the national economy, or the
environment.
(iii) Consideration of public comments.--In making
determinations under clause (ii), the Secretary shall
consider any comments received under subsection (c)(3).
(B) Appendix.--The Secretary shall include as part of the
final deauthorization list an appendix that--
(i) identifies each project or separable element of a
project on the interim deauthorization list developed under
subsection (c) that is not included on the final
deauthorization list; and
(ii) describes the reasons why the project or separable
element is not included.
(4) Submission to congress; publication.--Not later than 120
days after the date on which the public comment period under
subsection (c)(3) expires, the Secretary shall--
(A) submit the final deauthorization list and the appendix
to the final deauthorization list 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) publish the final deauthorization list and the appendix
to the final deauthorization list in the Federal Register.
(e) Deauthorization; Congressional Review.--
(1) In general.--After the expiration of the 180-day period
beginning on the date of submission of the final deauthorization
report under subsection (d), a project or separable element of a
project identified in the report is hereby deauthorized, unless
Congress passes a joint resolution disapproving the final
deauthorization report prior to the end of such period.
(2) Non-federal contributions.--
(A) In general.--A project or separable element of a
project identified in the final deauthorization report under
subsection (d) shall not be deauthorized under this subsection
if, before the expiration of the 180-day period referred to in
paragraph (1), the non-Federal interest for the project or
separable element of the project provides sufficient funds to
complete the project or separable element of the project.
(B) Treatment of projects.--Notwithstanding subparagraph
(A), each project and separable element of a project identified
in the final deauthorization report shall be treated as
deauthorized for purposes of the aggregate deauthorization
amount specified in subsection (d)(2).
(f) General Provisions.--
(1) Definitions.--In this section:
(A) Post-authorization study.--The term ``post-
authorization study'' means--
(i) a feasibility report developed under section 905 of
the Water Resources Development Act of 1986 (33 U.S.C.
2282);
(ii) a feasibility study, as defined in section 105(d)
of the Water Resources Development Act of 1986 (33 U.S.C.
2215(d)); or
(iii) a review conducted under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), including an initial
appraisal that--
(I) demonstrates a Federal interest; and
(II) requires additional analysis for the project
or separable element.
(B) Water resources development project.--The term ``water
resources development project'' includes an environmental
infrastructure assistance project or program of the Corps of
Engineers.
(2) Treatment of project modifications.--For purposes of this
section, if an authorized water resources development project or
separable element of the project has been modified by an Act of
Congress, the date of the authorization of the project or separable
element shall be deemed to be the date of the most recent such
modification.
SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
(a) Assessment and Inventory.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall conduct an assessment of
all properties under the control of the Corps of Engineers and develop
an inventory of the properties that are not needed for the missions of
the Corps of Engineers.
(b) Criteria.--In conducting the assessment and developing the
inventory under subsection (a), the Secretary shall use the following
criteria:
(1) The extent to which the property aligns with the current
missions of the Corps of Engineers.
(2) The economic impact of the property on existing communities
in the vicinity of the property.
(3) The extent to which the utilization rate for the property
is being maximized and is consistent with nongovernmental industry
standards for the given function or operation.
(4) The extent to which the reduction or elimination of the
property could reduce operation and maintenance costs of the Corps
of Engineers.
(5) The extent to which the reduction or elimination of the
property could reduce energy consumption by the Corps of Engineers.
(c) Notification.--As soon as practicable following completion of
the inventory of properties under subsection (a), the Secretary shall
provide the inventory to the Administrator of General Services.
(d) Report to Congress.--Not later than 30 days after the date of
the notification under subsection (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 and make publicly available a report containing the
findings of the Secretary with respect to the assessment and inventory
required under subsection (a).
SEC. 6003. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project, or
separable element of such a project, authorized for construction by
this Act shall not be authorized after the last day of the 7-year
period beginning on the date of enactment of this Act unless funds
have been obligated for construction of such project during that
period.
(2) Identification of projects.--Not later than 60 days after
the expiration of the 7-year period referred to in 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
identifies the projects deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on 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, and make available to
the public, a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog and
any recommendations to Congress regarding how to mitigate current
problems and the backlog.
SEC. 6004. DEAUTHORIZATIONS.
(a) In General.--
(1) Walnut creek (pacheco creek), california.--The portions of
the project for flood protection on Walnut Creek, California,
constructed under section 203 of the Flood Control Act of 1960
(Public Law 86-645; 74 Stat. 488), consisting of the Walnut Creek
project from Sta 0+00 to Sta 142+00 and the upstream extent of the
Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50
are no longer authorized beginning on the date of enactment of this
Act.
(2) Walnut creek (san ramon creek), california.--The portion of
the project for flood protection on Walnut Creek, California,
constructed under section 203 of the Flood Control Act of 1960
(Public Law 86-645; 74 Stat. 488), consisting of the culvert
constructed by the Department of the Army on San Ramon Creek from
Sta 4+27 to Sta 14+27 is no longer authorized beginning on the date
of enactment of this Act.
(3) Eightmile river, connecticut.--
(A) The portion of the project for navigation, Eightmile
River, Connecticut, authorized by the first section of the Act
of June 25, 1910 (36 Stat. 633, chapter 382) (commonly known as
the ``River and Harbor Act of 1910''), that begins at a point
of the existing 8-foot channel limit with coordinates
N701002.39, E1109247.73, thence running north 2 degrees 19
minutes 57.1 seconds east 265.09 feet to a point N701267.26,
E1109258.52, thence running north 7 degrees 47 minutes 19.3
seconds east 322.32 feet to a point N701586.60, E1109302.20,
thence running north 90 degrees 0 minutes 0 seconds east 65.61
to a point N701586.60, E1109367.80, thence running south 7
degrees 47 minutes 19.3 seconds west 328.11 feet to a point
N701261.52, E1109323.34, thence running south 2 degrees 19
minutes 57.1 seconds west 305.49 feet to an end at a point
N700956.28, E1109310.91 on the existing 8-foot channel limit,
shall be reduced to a width of 65 feet and the channel
realigned to follow the deepest available water.
(B) The project referred to in subparagraph (A) beginning
at a point N701296.72, E1109262.55 and running north 45 degrees
4 minutes 2.8 seconds west 78.09 feet to a point N701341.18,
E1109217.98, thence running north 5 degrees 8 minutes 34.6
seconds east 180.14 feet to a point N701520.59, E1109234.13,
thence running north 54 degrees 5 minutes 50.1 seconds east
112.57 feet to a point N701568.04, E1109299.66, thence running
south 7 degrees 47 minutes 18.4 seconds west 292.58 feet to the
point of origin; and the remaining area north of the channel
realignment beginning at a point N700956.28, E1109310.91 thence
running north 2 degrees 19 minutes 57.1 seconds east 305.49
feet west to a point N701261.52, E1109323.34 north 7 degrees 47
minutes 18.4 seconds east 328.11 feet to a point N701586.60,
E1109367.81 thence running north 90 degrees 0 minutes 0 seconds
east 7.81 feet to a point N701586.60, E1109375.62 thence
running south 5 degrees 8 minutes 34.6 seconds west 626.29 feet
to a point N700962.83, E1109319.47 thence south 52 degrees 35
minutes 36.5 seconds 10.79 feet to the point of origin is no
longer authorized beginning on the date of enactment of this
Act.
(4) Hillsborough (hillsboro) bay and river, florida.--The
portions of the project for navigation, Hillsborough (Hillsboro)
Bay and River, Florida, authorized by the Act of March 3, 1899 (30
Stat. 1126; chapter 425), that extend on either side of the
Hillsborough River from the Kennedy Boulevard bridge to the mouth
of the river that cause the existing channel to exceed 100 feet in
width are no longer authorized beginning on the date of enactment
of this Act.
(5) Kahului wastewater reclamation facility, maui, hawaii.--The
project authorized pursuant to section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r) to provide shoreline protection for the
Kahului Wastewater Reclamation Facility, located on the Island of
Maui in the State of Hawaii is no longer authorized beginning on
the date of enactment of this Act.
(6) Lucas-berg pit, illinois waterway and grant calumet river,
illinois.--The portion of the project for navigation, Illinois
Waterway and Grand Calumet River, Illinois, authorized by the first
section of the Act of July 24, 1946 (60 Stat. 636; chapter 595),
that consists of the Lucas-Berg Pit confined disposal facility,
Illinois is no longer authorized beginning on the date of enactment
of this Act.
(7) Port of iberia, louisiana.--Section 1001(25) of the Water
Resources Development Act of 2007 (121 Stat. 1053) is amended by
striking ``; except that'' and all that follows before the period
at the end.
(8) Rockland harbor, maine.--The project for navigation,
Rockland Harbor, Maine, authorized by the Act of June 3, 1896 (29
Stat. 202; chapter 314), and described as follows is no longer
authorized beginning on the date of enactment of this Act:
(A) Beginning at the point in the 14-foot turning basin
limit with coordinates N162,927.61, E826,210.16.
(B) Thence running north 45 degrees 45 minutes 15.6 seconds
east 287.45 feet to a point N163,128.18, E826,416.08.
(C) Thence running south 13 degrees 17 minutes 53.3 seconds
east 129.11 feet to a point N163,002.53, E826,445.77.
(D) Thence running south 45 degrees 45 minutes 18.4 seconds
west 221.05 feet to a point N162,848.30, E826,287.42.
(E) Thence running north 44 degrees 14 minutes 59.5 seconds
west 110.73 feet to the point of origin.
(9) Thomaston harbor, georges river, maine.--The portion of the
project for navigation, Georges River, Maine (Thomaston Harbor),
authorized by the first section of the Act of June 3, 1896 (29
Stat. 215, chapter 314), and modified by section 317 of the Water
Resources Development Act of 2000 (Public Law 106-541; 114 Stat.
2604), that lies northwesterly of a line commencing at point
N87,220.51, E321,065.80 thence running northeasterly about 125 feet
to a point N87,338.71, E321,106.46 is no longer authorized
beginning on the date of enactment of this Act.
(10) Corsica river, queen anne's county, maryland.--The portion
of the project for improving the Corsica River, Maryland,
authorized by the first section of the Act of July 25, 1912 (37
Stat. 205; chapter 253), and described as follows is no longer
authorized beginning on the date of enactment of this Act:
Approximately 2,000 feet of the eastern section of the project
channel extending from--
(A) centerline station 0+000 (coordinates N506350.60,
E1575013.60); to
(B) station 2+000 (coordinates N508012.39, E1574720.18).
(11) Goose creek, somerset county, maryland.--The project for
navigation, Goose Creek, Somerset County, Maryland, carried out
pursuant to section 107 of the Rivers and Harbor Act of 1960 (33
U.S.C. 577), is realigned as follows: Beginning at Goose Creek
Channel Geometry Centerline of the 60-foot-wide main navigational
ship channel, Centerline Station No. 0+00, coordinates North
157851.80, East 1636954.70, as stated and depicted on the Condition
Survey Goose Creek, Sheet 1 of 1, prepared by the United States
Army Corps of Engineers, Baltimore District, July 2003; thence
departing the aforementioned centerline traveling the following
courses and distances: S. 64 degrees 49 minutes 06 seconds E.,
1583.82 feet to a point, on the outline of said 60-foot-wide
channel thence binding on said out-line the following four courses
and distances: S. 63 degrees 26 minutes 06 seconds E., 1460.05 feet
to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 973.28
feet to a point, thence; N. 26 degrees 13 minutes 09 seconds W.,
240.39 feet to a point on the Left Toe of the 60-foot-wide main
navigational channel at computed Centerline Station No. 42+57.54,
coordinates North 157357.84, East 1640340.23. Geometry Left Toe of
the 60-foot-wide main navigational ship channel, Left Toe Station
No. 0+00, coordinates North 157879.00, East 1636967.40, as stated
and depicted on the Condition Survey Goose Creek, Sheet 1 of 1,
prepared by the United States Army Corps of Engineers, Baltimore
District, August 2010; thence departing the aforementioned
centerline traveling the following courses and distances: S. 64
degrees 49 minutes 12 seconds E., 1583.91 feet to a point, on the
outline of said 60-foot-wide channel thence binding on said out-
line the following eight courses and distances: S. 63 degrees 25
minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83
degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence;
N. 50 degrees 38 minutes 26 seconds E., 805.19 feet to a point,
thence; N. 12 degrees 12 minutes 29 seconds E., 78.33 feet to a
point thence; N. 26 degrees 13 minutes 28 seconds W., 46.66 feet to
a point thence; S. 63 degrees 45 minutes 41 seconds W., 54.96 feet
to a point thence; N. 26 degrees 13 minutes 24 seconds W., 119.94
feet to a point on the Left Toe of the 60-foot-wide main
navigational channel at computed Centerline Station No. 41+81.10,
coordinates North 157320.30, East 1640264.00. Geometry Right Toe of
the 60-foot-wide main navigational ship channel, Right Toe Station
No. 0+00, coordinates North 157824.70, East 1636941.90, as stated
and depicted on the Condition Survey Goose Creek, Sheet 1 of 1,
prepared by the United States Army Corps of Engineers, Baltimore
District, August 2010; thence departing the aforementioned
centerline traveling the following courses and distances: S. 64
degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the
outline of said 60-foot-wide channel thence binding on said out-
line the following six courses and distances: S. 63 degrees 25
minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50
degrees 38 minutes 26 seconds E., 1016.69 feet to a point, thence;
N. 26 degrees 14 minutes 49 seconds W., 144.26 feet to a point,
thence; N. 63 degrees 54 minutes 03 seconds E., 55.01 feet to a
point thence; N. 26 degrees 12 minutes 08 seconds W., 120.03 feet
to a point a point on the Right Toe of the 60-foot-wide main
navigational channel at computed Centerline Station No. 43+98.61,
coordinates North 157395.40, East 1640416.50.
(12) Lower thoroughfare, deal island, maryland.--The portion of
the project for navigation, Lower Thoroughfare, Maryland,
authorized by the Act of June 25, 1910 (36 Stat. 639, chapter 382)
(commonly known as the ``River and Harbor Act of 1910''), that
begins at Lower Thoroughfare Channel Geometry Centerline of the 60-
foot-wide main navigational ship channel, Centerline Station No.
44+88, coordinates North 170435.62, East 1614588.93, as stated and
depicted on the Condition Survey Lower Thoroughfare, Deal Island,
Sheet 1 of 3, prepared by the United States Army Corps of
Engineers, Baltimore District, August 2010; thence departing the
aforementioned centerline traveling the following courses and
distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a
point, on the outline of said 60-foot-wide channel thence binding
on said out-line the following four courses and distances: N. 64
degrees 08 minutes 55 seconds W., 53.85 feet to a point, thence; N.
42 degrees 20 minutes 43 seconds W., 250.08 feet to a point,
thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to a
point, thence; S. 42 degrees 20 minutes 44 seconds E., 300.07 feet
to a point binding on the Left Toe of the 60-foot-wide main
navigational channel at computed Centerline Station No. 43+92.67,
coordinates North 170415.41, 1614566.76; thence; continuing with
the aforementioned centerline the following courses and distances:
S. 42 degrees 20 minutes 42 seconds W., 30.00 feet to a point, on
the outline of said 60-foot-wide channel thence binding on said
out-line the following four courses and distances: N. 20 degrees 32
minutes 06 seconds W., 53.85 feet to a point, thence; N. 42 degrees
20 minutes 49 seconds W., 250.08 feet to a point, thence; S. 47
degrees 39 minutes 03 seconds W., 20.00 feet to a point, thence; S.
42 degrees 20 minutes 46 seconds E., 300.08 feet to a point binding
on the Left Toe of the 60-foot-wide main navigational channel at
computed Centerline Station No. 43+92.67, coordinates North
170415.41, 1614566.76 is no longer authorized beginning on the date
of enactment of this Act.
(13) Gloucester harbor and annisquam river, massachusetts.--The
portions of the project for navigation, Gloucester Harbor and
Annisquam River, Massachusetts, authorized by section 2 of the Act
of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot
anchorage area in Lobster Cove, and described as follows are no
longer authorized beginning on the date of enactment of this Act:
(A) Beginning at a bend along the easterly limit of the
existing project, N3063230.31, E878283.77, thence running
northwesterly about 339 feet to a point, N3063478.86,
E878053.83, thence running northwesterly about 281 feet to a
bend on the easterly limit of the existing project,
N3063731.88, E877932.54, thence running southeasterly about 612
feet along the easterly limit of the existing project to the
point of origin.
(B) Beginning at a bend along the easterly limit of the
existing project, N3064065.80, E878031.45, thence running
northwesterly about 621 feet to a point, N3064687.05,
E878031.13, thence running southwesterly about 122 feet to a
point, N3064686.98, E877908.85, thence running southeasterly
about 624 feet to a point, N3064063.31, E877909.17, thence
running southwesterly about 512 feet to a point, N3063684.73,
E877564.56, thence running about 741 feet to a point along the
westerly limit of the existing project, N3063273.98,
E876947.77, thence running northeasterly about 533 feet to a
bend along the westerly limit of the existing project,
N3063585.62, E877380.63, thence running about 147 feet
northeasterly to a bend along the westerly limit of the
project, N3063671.29, E877499.63, thence running northeasterly
about 233 feet to a bend along the westerly limit of the
existing project, N3063840.60, E877660.29, thence running about
339 feet northeasterly to a bend along the westerly limit of
the existing project, N3064120.34, E877852.55, thence running
about 573 feet to a bend along the westerly limit of the
existing project, N3064692.98, E877865.04, thence running about
113 feet to a bend along the northerly limit of the existing
project, N3064739.51, E877968.31, thence running 145 feet
southeasterly to a bend along the northerly limit of the
existing project, N3064711.19, E878110.69, thence running about
650 feet along the easterly limit of the existing project to
the point of origin.
(14) Clatsop county diking district no. 10, karlson island,
oregon.--The Diking District No. 10, Karlson Island portion of the
project for raising and improving existing levees in Clatsop
County, Oregon, authorized by section 5 of the Act of June 22, 1936
(49 Stat. 1590) is no longer authorized beginning on the date of
enactment of this Act.
(15) Numberg dike no. 34 leveed area, clatsop county diking
district no. 13, clatsop county, oregon (walluski-youngs).--The
Numberg Dike No. 34 leveed area, Clatsop County Diking District,
No. 13, Walluski River and Youngs River dikes, portion of the
project for raising and improving existing levees in Clatsop
County, Oregon, authorized by section 5 of the Act of June 22, 1936
(49 Stat. 1590) is no longer authorized beginning on the date of
enactment of this Act.
(16) East fork of trinity river, texas.--The portion of the
project for flood protection on the East Fork of the Trinity River,
Texas, authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1185), that consists of the 2 levees identified as
Kaufman County Levees K5E and K5W is no longer authorized beginning
on the date of enactment of this Act.
(17) Burnham canal, wisconsin.--The portion of the project for
navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known
as the Burnham Canal, authorized by the first section of the Act of
March 3, 1843 (5 Stat. 619; chapter 85), and described as follows
is no longer authorized beginning on the date of enactment of this
Act:
(A) Beginning at channel point #415a N381768.648,
E2524554.836, a distance of about 170.58 feet.
(B) Thence running south 53 degrees 43 minutes 41 seconds
west to channel point #417 N381667.728, E2524417.311, a
distance of about 35.01 feet.
(C) Thence running south 34 degrees 10 minutes 40 seconds
west to channel point #501 N381638.761, E2524397.639, a
distance of about 139.25 feet.
(D) Thence running south 34 degrees 10 minutes 48 seconds
west to channel point #503 N381523.557, E2524319.406, a
distance of about 235.98 feet.
(E) Thence running south 32 degrees 59 minutes 13 seconds
west to channel point #505 N381325.615, E2524190.925, a
distance of about 431.29 feet.
(F) Thence running south 32 degrees 36 minutes 05 seconds
west to channel point #509 N380962.276, E2523958.547, a
distance of about 614.52 feet.
(G) Thence running south 89 degrees 05 minutes 00 seconds
west to channel point #511 N380952.445, E2523344.107, a
distance of about 74.68 feet.
(H) Thence running north 89 degrees 04 minutes 59 seconds
west to channel point #512 N381027.13, E2523342.91, a distance
of about 533.84 feet.
(I) Thence running north 89 degrees 05 minutes 00 seconds
east to channel point #510 N381035.67, E2523876.69, a distance
of about 47.86 feet.
(J) Thence running north 61 degrees 02 minutes 07 seconds
east to channel point #508 N381058.84, E2523918.56, a distance
of about 308.55 feet.
(K) Thence running north 36 degrees 15 minutes 29 seconds
east to channel point #506 N381307.65, E2524101.05, a distance
of about 199.98 feet.
(L) Thence running north 32 degrees 59 minutes 12 seconds
east to channel point #504 N381475.40, E2524209.93, a distance
of about 195.14 feet.
(M) Thence running north 26 degrees 17 minutes 22 seconds
east to channel point #502 N381650.36, E2524296.36, a distance
of about 81.82 feet.
(N) Thence running north 88 degrees 51 minutes 05 seconds
west to channel point #419 N381732.17, E2524294.72, a distance
of about 262.65 feet.
(O) Thence running north 82 degrees 01 minutes 02 seconds
east to channel point #415a, the point of origin.
(18) Manitowoc harbor, wisconsin.--The portion of the project
for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized
by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and
described as follows is no longer authorized beginning on the date
of enactment of this Act: The triangular area bound by--
(A) 44.09893383N and 087.66854912W;
(B) 44.09900535N and 087.66864372W; and
(C) 44.09857884N and 087.66913123W.
(b) Seward Waterfront, Seward, Alaska.--
(1) In general.--Subject to paragraph (2), the portion of the
project for navigation, Seward Harbor, Alaska, identified as Tract
H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012-
4, Seward Recording District, shall not be subject to navigation
servitude beginning on the date of enactment of this Act.
(2) Entry by federal government.--The Federal Government may
enter upon the property referred to in paragraph (1) to carry out
any required operation and maintenance of the general navigation
features of the project referred to in paragraph (1).
(c) Port of Hood River, Oregon.--
(1) Extinguishment of portions of existing flowage easement.--
With respect to the properties described in paragraph (2),
beginning on the date of enactment of this Act, the flowage
easement identified as Tract 1200E-6 on the Easement Deed recorded
as Instrument No. 740320 is extinguished above elevation 79.39 feet
(NGVD 29) the Ordinary High Water Line.
(2) Affected properties.--The properties referred to in
paragraph (1), as recorded in Hood River County, Oregon, are as
follows:
(A) Instrument Number 2010-1235.
(B) Instrument Number 2010-02366.
(C) Instrument Number 2010-02367.
(D) Parcel 2 of Partition Plat #2011-12P.
(E) Parcel 1 of Partition Plat 2005-26P.
(3) Federal liabilities; cultural, environmental, and other
regulatory reviews.--
(A) Federal liability.--The United States shall not be
liable for any injury caused by the extinguishment of the
easement under this subsection.
(B) Cultural and environmental regulatory actions.--Nothing
in this subsection establishes any cultural or environmental
regulation relating to the properties described in paragraph
(2).
(4) Effect on other rights.--Nothing in this subsection affects
any remaining right or interest of the Corps of Engineers in the
properties described in paragraph (2).
SEC. 6005. LAND CONVEYANCES.
(a) Oakland Inner Harbor Tidal Canal, California.--Section
3182(b)(1) of the Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1165) is amended--
(1) in subparagraph (A) by inserting ``, or to a multicounty
public entity that is eligible to hold title to real property''
after ``To the city of Oakland''; and
(2) in subparagraphs (B) and (C) by inserting ``multicounty
public entity or other'' before ``public entity''.
(b) St. Charles County, Missouri, Land Exchange.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land'' means
approximately 84 acres of land, as identified by the Secretary,
that is a portion of the approximately 227 acres of land leased
from the Corps of Engineers by Ameren Corporation for the
Portage Des Sioux Power Plant in St. Charles County, Missouri
(Lease No. DA-23-065-CIVENG-64-651, Pool 26).
(B) Non-federal land.--The term ``non-Federal land'' means
the approximately 68 acres of land owned by Ameren Corporation
in Jersey County, Illinois, contained within the north half of
section 23, township 6 north, range 11 west of the third
principal meridian.
(2) Land exchange.--On conveyance by Ameren Corporation to the
United States of all right, title, and interest in and to the non-
Federal land, the Secretary shall convey to Ameren Corporation all
right, title, and interest of the United States in and to the
Federal land.
(3) Specific conditions.--
(A) Deeds.--
(i) Deed to non-federal land.--The Secretary may only
accept conveyance of the non-Federal land by warranty deed,
as determined acceptable by the Secretary.
(ii) Deed to federal land.--The Secretary shall convey
the Federal land to Ameren Corporation by quitclaim deed.
(B) Cash payment.--If the appraised fair market value of
the Federal land, as determined by the Secretary, exceeds the
appraised fair market value of the non-Federal land, as
determined by the Secretary, Ameren Corporation shall make a
cash payment to the United States reflecting the difference in
the appraised fair market values.
(c) Tulsa Port of Catoosa, Rogers County, Oklahoma, Land
Exchange.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land'' means the
approximately 87 acres of land situated in Rogers County,
Oklahoma, contained within United States Tracts 413 and 427 and
acquired for the McClellan-Kerr Arkansas Navigation System.
(B) Non-federal land.--The term ``non-Federal land'' means
the approximately 34 acres of land situated in Rogers County,
Oklahoma, and owned by the Tulsa Port of Catoosa that lie
immediately south and east of the Federal land.
(2) Land exchange.--On conveyance by the Tulsa Port of Catoosa
to the United States of all right, title, and interest in and to
the non-Federal land, the Secretary shall convey to the Tulsa Port
of Catoosa all right, title, and interest of the United States in
and to the Federal land.
(3) Specific conditions.--
(A) Deeds.--
(i) Deed to non-federal land.--The Secretary may only
accept conveyance of the non-Federal land by warranty deed,
as determined acceptable by the Secretary.
(ii) Deed to federal land.--The Secretary shall convey
the Federal land to the Tulsa Port of Catoosa by quitclaim
deed and subject to any reservations, terms, and conditions
the Secretary determines necessary to allow the United
States to operate and maintain the McClellan-Kerr Arkansas
River Navigation System.
(iii) Cash payment.--If the appraised fair market value
of the Federal land, as determined by the Secretary,
exceeds the appraised fair market value of the non-Federal
land, as determined by the Secretary, the Tulsa Port of
Catoosa shall make a cash payment to the United States
reflecting the difference in the appraised fair market
values.
(d) Hammond Boat Basin, Warrenton, Oregon.--
(1) Definitions.--In this subsection:
(A) City.--The term ``City'' means the city of Warrenton,
located in Clatsop County, Oregon.
(B) Map.--The term ``map'' means the map contained in
Exhibit A of Department of the Army Lease No. DACW57-1-88-0033
(or a successor instrument).
(2) Conveyance authority.--Subject to the provisions of this
subsection, the Secretary shall convey to the City by quitclaim
deed, and without consideration, all right, title, and interest of
the United States in and to the parcel of land described in
paragraph (3).
(3) Description of land.--
(A) In general.--Except as provided in subparagraph (B),
the land referred to in paragraph (2) is the parcel totaling
approximately 59 acres located in the City, together with any
improvements thereon, including the Hammond Marina (as
described in the map).
(B) Exclusion.--The land referred to in paragraph (2) shall
not include the site provided for the fisheries research
support facility of the National Marine Fisheries Service.
(C) Availability of map.--The map shall be on file in the
Portland District Office of the Corps of Engineers.
(4) Terms and conditions.--As a condition of the conveyance
under this subsection, the Secretary may impose a requirement that
the City assume full responsibility for operating and maintaining
the channel and the breakwater.
(5) Reversion.--If the Secretary determines that the land
conveyed under this subsection ceases to be owned by the public,
all right, title, and interest in and to the land shall revert, at
the discretion of the Secretary, to the United States.
(6) Deauthorization.--After the land is conveyed under this
subsection, the land shall no longer be a portion of the project
for navigation, Hammond Small Boat Basin, Oregon, authorized by
section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 577).
(e) Craney Island Dredged Material Management Area, Portsmouth,
Virginia.--
(1) In general.--Subject to the conditions described in this
subsection, the Secretary may convey to the Commonwealth of
Virginia, by quitclaim deed and without consideration, all right,
title, and interest of the United States in and to 2 parcels of
land situated within the project for navigation, Craney Island
Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads,
Virginia, authorized by section 1001(45) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1057),
together with any improvements thereon.
(2) Lands to be conveyed.--
(A) In general.--The 2 parcels of land to be conveyed under
this subsection include a parcel consisting of approximately
307.82 acres of land and a parcel consisting of approximately
13.33 acres of land, both located along the eastern side of the
Craney Island Dredged Material Management Area in Portsmouth,
Virginia.
(B) Use.--The 2 parcels of land described in subparagraph
(A) may be used by the Commonwealth of Virginia exclusively for
the purpose of port expansion, including the provision of road
and rail access and the construction of a shipping container
terminal.
(3) Reversion.--If the Secretary determines that the land
conveyed under this subsection ceases to be owned by the public or
is used for any purpose that is inconsistent with paragraph (2),
all right, title, and interest in and to the land shall revert, at
the discretion of the Secretary, to the United States.
(f) City of Asotin, Washington.--
(1) In general.--The Secretary shall convey to the city of
Asotin, Asotin County, Washington, without monetary consideration,
all right, title, and interest of the United States in and to the
land described in paragraph (3).
(2) Reversion.--If the land transferred under this subsection
ceases at any time to be used for a public purpose, the land shall
revert to the United States.
(3) Description.--The land to be conveyed to the city of
Asotin, Washington, under this subsection are--
(A) the public ball fields designated as Tracts 1503, 1605,
1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, and
1631; and
(B) other leased areas designated as Tracts 1506, 1522,
1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563.
(g) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage and
the legal description of any real property to be conveyed under
this section shall be determined by a survey that is satisfactory
to the Secretary.
(2) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(3) Additional terms and conditions.--The Secretary may require
that any conveyance under this section be subject to such
additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the United
States.
(4) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable and
necessary costs, including real estate transaction and
environmental documentation costs, associated with the conveyance.
(5) Liability.--An entity to which a conveyance is made under
this section shall hold the United States harmless from any
liability with respect to activities carried out, on or after the
date of the conveyance, on the real property conveyed. The United
States shall remain responsible for any liability with respect to
activities carried out, before such date, on the real property
conveyed.
(h) 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, subject to the
condition that such releases shall be granted in a manner consistent
with applicable Tennessee Valley Authority policies.
TITLE VII--WATER RESOURCES INFRASTRUCTURE
SEC. 7001. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop 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 an annual report, to be
entitled ``Report to Congress on Future Water Resources Development'',
that identifies the following:
(1) Feasibility reports.--Each feasibility report that meets
the criteria established in subsection (c)(1)(A).
(2) Proposed feasibility studies.--Any proposed feasibility
study submitted to the Secretary by a non-Federal interest pursuant
to subsection (b) that meets the criteria established in subsection
(c)(1)(A).
(3) Proposed modifications.--Any proposed modification to an
authorized water resources development project or feasibility study
that meets the criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal interest
pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice requesting
proposals from non-Federal interests for proposed feasibility
studies and proposed modifications to authorized water resources
development projects and feasibility studies to be included in the
annual report.
(2) Deadline for requests.--The Secretary shall include in each
notice required by this subsection a requirement that non-Federal
interests submit to the Secretary any proposals described in
paragraph (1) by not later than 120 days after the date of
publication of the notice in the Federal Register in order for the
proposals to be considered for inclusion in the annual report.
(3) Notification.--On the date of publication of each notice
required by this subsection, the Secretary shall--
(A) make the notice publicly available, including on the
Internet; and
(B) provide written notification of the publication to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(c) Contents.--
(1) Feasibility reports, proposed feasibility studies, and
proposed modifications.--
(A) Criteria for inclusion in report.--The Secretary shall
include in the annual report only those feasibility reports,
proposed feasibility studies, and proposed modifications to
authorized water resources development projects and feasibility
studies that--
(i) are related to the missions and authorities of the
Corps of Engineers;
(ii) require specific congressional authorization,
including by an Act of Congress;
(iii) have not been congressionally authorized;
(iv) have not been included in any previous annual
report; and
(v) if authorized, could be carried out by the Corps of
Engineers.
(B) Description of benefits.--
(i) Description.--The Secretary shall describe in the
annual report, to the extent applicable and practicable,
for each proposed feasibility study and proposed
modification to an authorized water resources development
project or feasibility study included in the annual report,
the benefits, as described in clause (ii), of each such
study or proposed modification (including the water
resources development project that is the subject of the
proposed feasibility study or the proposed modification to
an authorized feasibility study).
(ii) Benefits.--The benefits (or expected benefits, in
the case of a proposed feasibility study) described in this
clause are benefits to--
(I) the protection of human life and property;
(II) improvement to transportation;
(III) the national economy;
(IV) the environment; or
(V) the national security interests of the United
States.
(C) Identification of other factors.--The Secretary shall
identify in the annual report, to the extent practicable--
(i) for each proposed feasibility study included in the
annual report, the non-Federal interest that submitted the
proposed feasibility study pursuant to subsection (b); and
(ii) for each proposed feasibility study and proposed
modification to an authorized water resources development
project or feasibility study included in the annual report,
whether the non-Federal interest has demonstrated--
(I) that local support exists for the proposed
feasibility study or proposed modification to an
authorized water resources development project or
feasibility study (including the water resources
development project that is the subject of the proposed
feasibility study or the proposed modification to an
authorized feasibility study); and
(II) the financial ability to provide the required
non-Federal cost share.
(2) Transparency.--The Secretary shall include in the annual
report, for each feasibility report, proposed feasibility study,
and proposed modification to an authorized water resources
development project or feasibility study included under paragraph
(1)(A)--
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-Federal share
of the cost of--
(i) the feasibility report;
(ii) the proposed feasibility study;
(iii) the authorized feasibility study for which the
modification is proposed; or
(iv) construction of--
(I) the water resources development project that is
the subject of--
(aa) the feasibility report;
(bb) the proposed feasibility study; or
(cc) the authorized feasibility study for which
a modification is proposed; or
(II) the proposed modification to an authorized
water resources development project;
(B) a letter or statement of support for the feasibility
report, proposed feasibility study, or proposed modification to
an authorized water resources development project or
feasibility study from each associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to an authorized
water resources development project or feasibility study;
(D) an estimate, to the extent practicable, of the Federal,
non-Federal, and total costs of--
(i) the proposed modification to an authorized
feasibility study; and
(ii) construction of--
(I) the water resources development project that is
the subject of--
(aa) the feasibility report; or
(bb) the authorized feasibility study for which
a modification is proposed, with respect to the
change in costs resulting from such modification;
or
(II) the proposed modification to an authorized
water resources development project; and
(E) an estimate, to the extent practicable, of the monetary
and nonmonetary benefits of--
(i) the water resources development project that is the
subject of--
(I) the feasibility report; or
(II) the authorized feasibility study for which a
modification is proposed, with respect to the benefits
of such modification; or
(ii) the proposed modification to an authorized water
resources development project.
(3) Certification.--The Secretary shall include in the annual
report a certification stating that each feasibility report,
proposed feasibility study, and proposed modification to an
authorized water resources development project or feasibility study
included in the annual report meets the criteria established in
paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual report
an appendix listing the proposals submitted under subsection (b)
that were not included in the annual report under paragraph (1)(A)
and a description of why the Secretary determined that those
proposals did not meet the criteria for inclusion under such
paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding any
other deadlines required by this section, the Secretary shall--
(1) not later than 60 days after the date of enactment of this
Act, publish in the Federal Register a notice required by
subsection (b)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 120 days after the date of
publication of such notice in the Federal Register in order for
such proposals to be considered for inclusion in the first annual
report developed by the Secretary under this section.
(e) Publication.--Upon submission of an annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the Internet.
(f) Definitions.--In this section:
(1) Annual report.--The term ``annual report'' means a report
required by subsection (a).
(2) Feasibility report.--
(A) In general.--The term ``feasibility report'' means a
final feasibility report developed under section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282).
(B) Inclusions.--The term ``feasibility report'' includes--
(i) a report described in section 105(d)(2) of the
Water Resources Development Act of 1986 (33 U.S.C.
2215(d)(2)); and
(ii) where applicable, any associated report of the
Chief of Engineers.
(3) Feasibility study.--The term ``feasibility study'' has the
meaning given that term in section 105 of the Water Resources
Development Act of 1986 (33 U.S.C. 2215).
(4) Non-federal interest.--The term ``non-Federal interest''
has the meaning given that term in section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b).
SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.
The following final feasibility studies for water resources
development and conservation and other purposes are authorized to be
carried out by the Secretary substantially in accordance with the plan,
and subject to the conditions, described in the respective reports
designated in this section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX, Sabine Neches July 22, 2011 Federal: $748,070,000
LA Waterway, Non-Federal: $365,970,000
Southeast Texas Total: $1,114,040,000
and
Southwest
Louisiana
------------------------------------------------------------------------
2. FL Jacksonville Apr. 30, 2012 Federal: $27,870,000
Harbor- Non-Federal: $9,290,000
Milepoint Total: $37,160,000
------------------------------------------------------------------------
3. GA Savannah Harbor Aug. 17, 2012 Federal: $492,000,000
Expansion Project Non-Federal: $214,000,000
Total: $706,000,000
------------------------------------------------------------------------
4. TX Freeport Harbor Jan. 7, Federal: $121,000,000
2013 Non-Federal: $118,300,000
Total: $239,300,000
------------------------------------------------------------------------
5. FL Canaveral Harbor Feb. 25, 2013 Federal: $29,240,000
(Sect 203 Sponsor Non-Federal: $11,830,000
Report) Total: $41,070,000
------------------------------------------------------------------------
6. MA Boston Harbor Sept. 30, Federal: $216,470,000
2013 Non-Federal: $94,510,000
Total: $310,980,000
------------------------------------------------------------------------
7. FL Lake Worth Inlet Apr. 16, 2014 Federal: $57,556,000
Non-Federal: $30,975,000
Total: $88,531,000
------------------------------------------------------------------------
8. FL Jacksonville Apr. 16, 2014 Federal: $362,000,000
Harbor Non-Federal: $238,900,000
Total: $600,900,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. KS Topeka Aug. 24, 2009 Federal: $17,360,000
Non-Federal: $9,350,000
Total: $26,710,000
------------------------------------------------------------------------
2. CA American River Dec. 30, 2010 Federal: $760,630,000
Watershed, Common Non-Federal: $386,650,000
Features Project, Total: $1,147,280,000
Natomas Basin
------------------------------------------------------------------------
3. IA Cedar River, Cedar Jan. 27, 2011 Federal: $73,130,000
Rapids Non-Federal: $39,380,000
Total: $112,510,000
------------------------------------------------------------------------
4. MN, Fargo-Moorhead Dec. 19, 2011 Federal: $846,700,000
ND Metro Non-Federal: $1,077,600,000
Total: $1,924,300,000
------------------------------------------------------------------------
5. KY Ohio River May 16, 2012 Federal: $13,170,000
Shoreline, Non-Federal: $7,090,000
Paducah Total: $20,260,000
------------------------------------------------------------------------
6. MO Jordan Creek, Aug. 26, 2013 Federal: $13,560,000
Springfield Non-Federal: $7,300,000
Total: $20,860,000
------------------------------------------------------------------------
7. CA Orestimba Creek, Sept. 25, Federal: $23,680,000
San Joaquin River 2013 Non-Federal: $21,650,000
Basin Total: $45,330,000
------------------------------------------------------------------------
8. CA Sutter Basin Mar. 12, 2014 Federal: $255,270,000
Non-Federal: $433,660,000
Total: $688,930,000
------------------------------------------------------------------------
9. NV Truckee Meadows Apr. 11, 2014 Federal: $181,652,000
Non-Federal: $99,168,000
Total: $280,820,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of D. Estimated Initial
A. State B. Name Chief of Costs and Estimated
Engineers Renourishment Costs
------------------------------------------------------------------------
1. NC West Onslow Beach Sept. 28, Initial Federal:
and New River 2009 $29,900,000
Inlet (Topsail Initial Non-Federal:
Beach) $16,450,000
Initial Total: $46,350,000
Renourishment Federal:
$69,410,000
Renourishment Non-Federal:
$69,410,000
Renourishment Total:
$138,820,000
------------------------------------------------------------------------
2. NC Surf City and Dec. 30, 2010 Initial Federal:
North Topsail $84,770,000
Beach Initial Non-Federal:
$45,650,000
Initial Total:
$130,420,000
Renourishment Federal:
$122,220,000
Renourishment Non-Federal:
$122,220,000
Renourishment Total:
$244,440,000
------------------------------------------------------------------------
3. CA San Clemente Apr. 15, Initial Federal: $7,420,000
Shoreline 2012 Initial Non-Federal:
$3,990,000
Initial Total: $11,410,000
Renourishment Federal:
$43,835,000
Renourishment Non-Federal:
$43,835,000
Renourishment Total:
$87,670,000
------------------------------------------------------------------------
4. FL Walton County July 16, 2013 Initial Federal:
$17,945,000
Initial Non-Federal:
$46,145,000
Initial Total: $64,090,000
Renourishment Federal:
$24,740,000
Renourishment Non-Federal:
$82,820,000
Renourishment Total:
$107,560,000
------------------------------------------------------------------------
5. LA Morganza to the July 8, 2013 Federal: $6,695,400,000
Gulf Non-Federal: $3,604,600,000
Total: $10,300,000,000
------------------------------------------------------------------------
(4) Hurricane and storm damage risk reduction and environmental
restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. MS Mississippi Sept. 15, Federal: $693,300,000
Coastal 2009 Non-Federal: $373,320,000
Improvement Total: $1,066,620,000
Program (MSCIP)
Hancock,
Harrison, and
Jackson Counties
------------------------------------------------------------------------
(5) Environmental restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. MD Mid-Chesapeake Bay Aug. 24, 2009 Federal: $1,240,750,000
Island Non-Federal: $668,100,000
Total: $1,908,850,000
------------------------------------------------------------------------
2. FL Central and Mar. 11, 2010 Federal: $313,300,000
Southern Florida and Jan. 6, Non-Federal: $313,300,000
Project, 2011 Total: $626,600,000
Comprehensive
Everglades
Restoration Plan,
Caloosahatchee
River (C-43) West
Basin Storage
Project, Hendry
County
------------------------------------------------------------------------
3. LA Louisiana Coastal Dec. 30, 2010 Federal: $1,026,000,000
Area Non-Federal: $601,000,000
Total: $1,627,000,000
------------------------------------------------------------------------
4. MN Marsh Lake Dec. 30, 2011 Federal: $6,760,000
Non-Federal: $3,640,000
Total: $10,400,000
------------------------------------------------------------------------
5. FL Central and Jan. 30, 2012 Federal: $87,280,000
Southern Florida Non-Federal: $87,280,000
Project, Total: $174,560,000
Comprehensive
Everglades
Restoration Plan,
C-111 Spreader
Canal Western
Project
------------------------------------------------------------------------
6. FL CERP Biscayne Bay May 2, 2012 Federal: $98,510,000
Coastal Wetland, Non-Federal: $98,510,000
Florida Total: $197,020,000
------------------------------------------------------------------------
7. FL Central and May 21, 2012 Federal: $448,070,000
Southern Florida Non-Federal: $448,070,000
Project, Broward Total: $896,140,000
County Water
Preserve Area
------------------------------------------------------------------------
8. LA Louisiana Coastal June 22, 2012 Federal: $321,750,000
Area-Barataria Non-Federal: $173,250,000
Basin Barrier Total: $495,000,000
------------------------------------------------------------------------
9. NC Neuse River Basin Apr. 23, 2013 Federal: $23,830,000
Non-Federal: $12,830,000
Total: $36,660,000
------------------------------------------------------------------------
10. VA Lynnhaven River Mar. 27, 2014 Federal: $22,821,500
Non-Federal: $12,288,500
Total: $35,110,000
------------------------------------------------------------------------
11. OR Willamette River Jan. 6, 2014 Federal: $27,401,000
Floodplain Non-Federal: $14,754,000
Restoration Total: $42,155,000
------------------------------------------------------------------------
SEC. 7003. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED BY THE
SECRETARY.
The following project modifications for water resources development
and conservation and other purposes are authorized to be carried out by
the Secretary substantially in accordance with the recommendations of
the Secretary, as specified in the letters referred to in this section:
------------------------------------------------------------------------
C. Date of
A. Secretary's D. Updated Authorization
State B. Name Recommendation Project Costs
Letter
------------------------------------------------------------------------
1. MN Roseau River Jan. 24, 2013 Estimated Federal:
$25,455,000
Estimated non-Federal:
$18,362,000
Total: $43,817,000
------------------------------------------------------------------------
2. IL Wood River Levee May 7, 2013 Estimated Federal:
System $16,678,000
Reconstruction Estimated non-Federal:
$8,980,000
Total: $25,658,000
------------------------------------------------------------------------
3. TX Corpus Christi Aug. 8, 2013 Estimated Federal:
Ship Channel $182,582,000
Estimated non-Federal:
$170,649,000
Total: $353,231,000
------------------------------------------------------------------------
4. IA Des Moines River Feb. 12, 2014 Estimated Federal:
and Raccoon $14,990,300
River Project Estimated non-Federal:
$8,254,700
Total: $23,245,000
------------------------------------------------------------------------
5. MD Poplar Island Feb. 26, 2014 Estimated Federal:
$868,272,000
Estimated non-Federal:
$365,639,000
Total: $1,233,911,000
------------------------------------------------------------------------
6. IL Lake Michigan Mar. 18, 2014 Estimated Federal:
(Chicago $185,441,000
Shoreline) Estimated non-Federal:
$355,105,000
Total: $540,546,000
------------------------------------------------------------------------
7. NE Western Sarpy and Mar. 20, 2014 Estimated Federal:
Clear Creek $28,128,800
Estimated non-Federal:
$15,146,300
Total: $43,275,100
------------------------------------------------------------------------
8. MO Cape Girardeau Apr. 14, 2014 Estimated Federal:
$17,687,000
Estimated non-Federal:
$746,000
Total: $18,433,000
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SEC. 7004. EXPEDITED CONSIDERATION IN THE HOUSE AND SENATE.
(a) Consideration in the House of Representatives.--
(1) Definition of interim authorization bill.--In this
subsection, the term ``interim authorization bill'' means a bill of
the 113th Congress introduced after the date of enactment of this
Act in the House of Representatives by the chair of the Committee
on Transportation and Infrastructure which--
(A) has the following title: ``A bill to provide for the
authorization of certain water resources development or
conservation projects outside the regular authorization
cycle.''; and
(B) only contains--
(i) authorization for 1 or more water resources
development or conservation projects for which a final
report of the Chief of Engineers has been completed; or
(ii) deauthorization for 1 or more water resources
development or conservation projects.
(2) Expedited consideration.--If an interim authorization bill
is not reported by a committee to which it is referred within 30
calendar days, the committee shall be discharged from its further
consideration and the bill shall be referred to the appropriate
calendar.
(b) Consideration in the Senate.--
(1) Policy.--The benefits of water resource projects designed
and carried out in an economically justifiable, environmentally
acceptable, and technically sound manner are important to the
economy and environment of the United States and recommendations to
Congress regarding those projects should be expedited for approval
in a timely manner.
(2) Applicability.--The procedures under this subsection apply
to projects for water resources development, conservation, and
other purposes, subject to the conditions that--
(A) each project is carried out--
(i) substantially in accordance with the plan
identified in the report of the Chief of Engineers for the
project; and
(ii) subject to any conditions described in the report
for the project; and
(B)(i) a report of the Chief of Engineers has been
completed; and
(ii) after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works has submitted to Congress
a recommendation to authorize construction of the project.
(3) Expedited consideration.--
(A) In general.--A bill shall be eligible for expedited
consideration in accordance with this subsection if the bill--
(i) authorizes a project that meets the requirements
described in paragraph (2); and
(ii) is referred to the Committee on Environment and
Public Works of the Senate.
(B) Committee consideration.--
(i) In general.--Not later than January 31st of the
second session of each Congress, the Committee on
Environment and Public Works of the Senate shall--
(I) report all bills that meet the requirements of
subparagraph (A); or
(II) introduce and report a measure to authorize
any project that meets the requirements described in
paragraph (2).
(ii) Failure to act.--Subject to clause (iii), if the
committee fails to act on a bill that meets the
requirements of subparagraph (A) by the date specified in
clause (i), the bill shall be discharged from the committee
and placed on the calendar of the Senate.
(iii) Exceptions.--Clause (ii) shall not apply if--
(I) in the 180-day period immediately preceding the
date specified in clause (i), the full committee holds
a legislative hearing on a bill to authorize all
projects that meet the requirements described in
paragraph (2);
(II)(aa) the committee favorably reports a bill to
authorize all projects that meet the requirements
described in paragraph (2); and
(bb) the bill described in item (aa) is placed on
the calendar of the Senate; or
(III) a bill that meets the requirements of
subparagraph (A) is referred to the committee not
earlier than 30 days before the date specified in
clause (i).
(4) Termination.--The procedures for expedited consideration
under this subsection terminate on December 31, 2018.
(c) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed a
part of the rules of each House, respectively, but applicable only
with respect to the procedure to be followed in that House in the
case of a bill addressed by this section, and it supersedes other
rules only to the extent that it is inconsistent with such rules;
and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time, in the same manner, and to the same extent
as in the case of any other rule of that House.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.