[Congressional Record Volume 159, Number 63 (Tuesday, May 7, 2013)]
[Senate]
[Pages S3110-S3138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                WATER RESOURCES DEVELOPMENT ACT OF 2013

  The PRESIDING OFFICER. Under the previous order, the motion to 
proceed to S. 601 is agreed to and the clerk will report the bill by 
title.
  The assistant bill clerk read as follows:

       A bill (S. 601) to provide for the conservation and 
     development of water and related resources, to authorize the 
     Secretary of the Army to construct various projects for 
     improvements to rivers and harbors of the United States, and 
     for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Environment and Public Works, with an amendment 
to strike all after the enacting clause and insert in lieu thereof the 
following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 2013''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                    TITLE I--WATER RESOURCE PROJECTS

Sec. 1001. Purposes.
Sec. 1002. Project authorizations.
Sec. 1003. Project review.

                TITLE II--WATER RESOURCES POLICY REFORMS

Sec. 2001. Purposes.
Sec. 2002. Safety assurance review.
Sec. 2003. Continuing authority programs.
Sec. 2004. Continuing authority program prioritization.
Sec. 2005. Fish and wildlife mitigation.
Sec. 2006. Mitigation status report.
Sec. 2007. Independent peer review.
Sec. 2008. Operation and maintenance of navigation and hydroelectric 
              facilities.
Sec. 2009. Hydropower at Corps of Engineers facilities.
Sec. 2010. Clarification of work-in-kind credit authority.
Sec. 2011. Transfer of excess work-in-kind credit.
Sec. 2012. Credit for in-kind contributions.
Sec. 2013. Credit in lieu of reimbursement.
Sec. 2014. Dam optimization.
Sec. 2015. Water supply.
Sec. 2016. Report on water storage pricing formulas.
Sec. 2017. Clarification of previously authorized work.
Sec. 2018. Consideration of Federal land in feasibility studies.
Sec. 2019. Planning assistance to States.
Sec. 2020. Vegetation management policy.
Sec. 2021. Levee certifications.
Sec. 2022. Restoration of flood and hurricane storm damage reduction 
              projects.
Sec. 2023. Operation and maintenance of certain projects.
Sec. 2024. Dredging study.
Sec. 2025. Non-Federal project implementation pilot program.
Sec. 2026. Non-Federal implementation of feasibility studies.
Sec. 2027. Tribal partnership program.
Sec. 2028. Cooperative agreements with Columbia River Basin Indian 
              tribes.
Sec. 2029. Military munitions response actions at civil works shoreline 
              protection projects.
Sec. 2030. Beach nourishment.
Sec. 2031. Regional sediment management.
Sec. 2032. Study acceleration.
Sec. 2033. Project acceleration.
Sec. 2034. Feasibility studies.
Sec. 2035. Accounting and administrative expenses.
Sec. 2036. Determination of project completion.
Sec. 2037. Project partnership agreements.
Sec. 2038. Interagency and international support authority.
Sec. 2039. Acceptance of contributed funds to increase lock operations.
Sec. 2040. Emergency response to natural disasters.
Sec. 2041. Systemwide improvement frameworks.
Sec. 2042. Funding to process permits.
Sec. 2043. National riverbank stabilization and erosion prevention 
              study and pilot program.
Sec. 2044. Hurricane and storm damage risk reduction prioritization.
Sec. 2045. Prioritization of ecosystem restoration efforts.
Sec. 2046. Special use permits.
Sec. 2047. Operations and maintenance on fuel taxed inland waterways.
Sec. 2048. Corrosion prevention.
Sec. 2049. Project deauthorizations.
Sec. 2050. Reports to Congress.
Sec. 2051. Indian Self-Determination and Education Assistance Act 
              conforming amendment.
Sec. 2052. Invasive species review.
Sec. 2053. Wetlands conservation study.
Sec. 2054. Dam repair study.

                    TITLE III--PROJECT MODIFICATIONS

Sec. 3001. Purpose.
Sec. 3002. Chatfield Reservoir, Colorado.
Sec. 3003. Missouri River Recovery Implementation Committee expenses 
              reimbursement.
Sec. 3004. Hurricane and storm damage reduction study.
Sec. 3005. Lower Yellowstone Project, Montana.
Sec. 3006. Project deauthorizations.
Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey.
Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana.
Sec. 3009. Point Judith Harbor of Refuge, Rhode Island.

                    TITLE IV--WATER RESOURCE STUDIES

Sec. 4001. Purpose.
Sec. 4002. Initiation of new water resources studies.
Sec. 4003. Applicability.

              TITLE V--REGIONAL AND NONPROJECT PROVISIONS

Sec. 5001. Purpose.
Sec. 5002. Northeast Coastal Region ecosystem restoration.
Sec. 5003. Chesapeake Bay Environmental Restoration and Protection 
              Program.
Sec. 5004. Rio Grande environmental management program, Colorado, New 
              Mexico, Texas.
Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem 
              restoration, Oregon and Washington.
Sec. 5006. Arkansas River, Arkansas and Oklahoma.
Sec. 5007. Aquatic invasive species prevention and management; Columbia 
              River Basin.
Sec. 5008. Upper Missouri Basin flood and drought monitoring.
Sec. 5009. Northern Rockies headwaters extreme weather mitigation.
Sec. 5010. Aquatic nuisance species prevention, Great Lakes and 
              Mississippi River Basin.

                         TITLE VI--LEVEE SAFETY

Sec. 6001. Short title.
Sec. 6002. Findings; purposes.
Sec. 6003. Definitions.
Sec. 6004. National levee safety program.
Sec. 6005. National levee safety advisory board.
Sec. 6006. Inventory and inspection of levees.
Sec. 6007. Reports.
Sec. 6008. Effect of title.
Sec. 6009. Authorization of appropriations.

                      TITLE VII--INLAND WATERWAYS

Sec. 7001. Purposes.
Sec. 7002. Definitions.
Sec. 7003. Project delivery process reforms.
Sec. 7004. Major rehabilitation standards.
Sec. 7005. Inland waterways system revenues.
Sec. 7006. Efficiency of revenue collection.

                     TITLE VIII--HARBOR MAINTENANCE

Sec. 8001. Short title.
Sec. 8002. Purposes.
Sec. 8003. Funding for harbor maintenance programs.
Sec. 8004. Harbor Maintenance Trust Fund prioritization.
Sec. 8005. Civil works program of the Corps of Engineers.

                          TITLE IX--DAM SAFETY

Sec. 9001. Short title.
Sec. 9002. Purpose.
Sec. 9003. Administrator.
Sec. 9004. Inspection of dams.
Sec. 9005. National Dam Safety Program.
Sec. 9006. Public awareness and outreach for dam safety.
Sec. 9007. Authorization of appropriations.

              TITLE X--INNOVATIVE FINANCING PILOT PROJECTS

Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Definitions.
Sec. 10004. Authority to provide assistance.
Sec. 10005. Applications.
Sec. 10006. Eligible entities.
Sec. 10007. Projects eligible for assistance.
Sec. 10008. Activities eligible for assistance.
Sec. 10009. Determination of eligibility and project selection.
Sec. 10010. Secured loans.
Sec. 10011. Program administration.
Sec. 10012. State and local permits.
Sec. 10013. Regulations.
Sec. 10014. Funding.
Sec. 10015. Report to Congress.

                       TITLE XI--EXTREME WEATHER

Sec. 11001. Study on risk reduction.
Sec. 11002. GAO study on management of flood, drought, and storm 
              damage.
Sec. 11003. Post-disaster watershed assessments.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.

                    TITLE I--WATER RESOURCE PROJECTS

     SEC. 1001. PURPOSES.

       The purposes of this title are--
       (1) to authorize projects that--
       (A) are the subject of a completed report of the Chief of 
     Engineers containing a determination that the relevant 
     project--
       (i) is in the Federal interest;
       (ii) results in benefits that exceed the costs of the 
     project;
       (iii) is environmentally acceptable; and
       (iv) is technically feasible; and
       (B) have been recommended to Congress for authorization by 
     the Assistant Secretary of the Army for Civil Works; and
       (2) to authorize the Secretary--
       (A) to review projects that require increased 
     authorization; and
       (B) to request an increase of those authorizations after--
       (i) certifying that the increases are necessary; and
       (ii) submitting to Congress reports on the proposed 
     increases.

     SEC. 1002. PROJECT AUTHORIZATIONS.

       The Secretary is authorized to carry out projects for water 
     resources development, conservation, and other purposes, 
     subject to the conditions that--
       (1) each project is carried out--
       (A) substantially in accordance with the plan for the 
     project; and
       (B) subject to any conditions described in the report for 
     the project; and
       (2) a Report of the Chief of Engineers has been completed 
     and a referral by the Assistant

[[Page S3111]]

     Secretary of the Army for Civil Works has been made to 
     Congress as of the date of enactment of this Act for the 
     project.

     SEC. 1003. PROJECT REVIEW.

       (a) In General.--For a project that is authorized by 
     Federal law as of the date of enactment of this Act, the 
     Secretary may modify the authorized project cost set under 
     section 902 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2280)--
       (1) by submitting the required certification and additional 
     information to Congress in accordance with subsection (b); 
     and
       (2) after receiving an appropriation of funds in accordance 
     with subsection (b)(3)(B).
       (b) Requirements for Submission.--
       (1) Certification.--The certification to Congress under 
     subsection (a) shall include a certification by the Secretary 
     that--
       (A) expenditures above the authorized cost of the project 
     are necessary to protect life and safety, maintain critical 
     navigation routes, or restore ecosystems;
       (B) the project continues to provide benefits identified in 
     the report of the Chief of Engineers for the project; and
       (C) for projects under construction--
       (i) a temporary stop or delay resulting from a failure to 
     increase the authorized cost of the project will increase 
     costs to the Federal Government; and
       (ii) the amount requested for the project in the budget of 
     the President or included in a work plan for the expenditure 
     of funds for the fiscal year during which the certification 
     is submitted will exceed the authorized cost of the project.
       (2) Additional information.--The information provided to 
     Congress about the project under subsection (a) shall 
     include, at a minimum--
       (A) a comprehensive review of the project costs and reasons 
     for exceeding the authorized limits set under section 902 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2280);
       (B) an expedited analysis of the updated benefits and costs 
     of the project; and
       (C) the new funding level needed to complete the project.
       (3) Approval of congress.--The Secretary may not change the 
     authorized project costs under subsection (a) unless--
       (A) a certification and required information is submitted 
     to Congress under subsection (b); and
       (B) after such submission, amounts are appropriated to 
     initiate or continue construction of the project in an 
     appropriations or other Act.
       (c) Termination of Effectiveness.--The authority of the 
     Secretary under this section terminates on the date that is 3 
     years after the date of enactment of this Act.

                TITLE II--WATER RESOURCES POLICY REFORMS

     SEC. 2001. PURPOSES.

       The purposes of this title are--
       (1) to reform the implementation of water resources 
     projects by the Corps of Engineers;
       (2) to make other technical changes to the water resources 
     policy of the Corps of Engineers; and
       (3) to implement reforms, including--
       (A) enhancing the ability of local sponsors to partner with 
     the Corps of Engineers by ensuring the eligibility of the 
     local sponsors to receive and apply credit for work carried 
     out by the sponsors and increasing the role of sponsors in 
     carrying out Corps of Engineers projects;
       (B) ensuring continuing authority programs can continue to 
     meet important needs;
       (C) encouraging the continuation of efforts to modernize 
     feasibility studies and establish targets for expedited 
     completion of feasibility studies;
       (D) seeking efficiencies in the management of dams and 
     related infrastructure to reduce environmental impacts while 
     maximizing other benefits and project purposes, such as flood 
     control, navigation, water supply, and hydropower;
       (E) clarifying mitigation requirements for Corps of 
     Engineers projects and ensuring transparency in the 
     independent external review of those projects; and
       (F) establishing an efficient and transparent process for 
     deauthorizing projects that have failed to receive a minimum 
     level of investment to ensure active projects can move 
     forward while reducing the backlog of authorized projects.

     SEC. 2002. SAFETY ASSURANCE REVIEW.

       Section 2035 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2344) is amended by adding at the end the 
     following:
       ``(g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to a safety 
     assurance review conducted under this section.''.

     SEC. 2003. CONTINUING AUTHORITY PROGRAMS.

       (a) Small River and Harbor Improvement Projects.--Section 
     107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is 
     amended--
       (1) in subsection (a), by striking ``$35,000,000'' and 
     inserting ``$50,000,000''; and
       (2) in subsection (b), by striking ``$7,000,000'' and 
     inserting ``$10,000,000''.
       (b) Shore Damage Prevention or Mitigation.--Section 111(c) 
     of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is 
     amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.
       (c) Regional Sediment Management.--
       (1) In general.--Section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326) is amended--
       (A) in subsection (c)(1)(C), by striking ``$5,000,000'' and 
     inserting ``$10,000,000''; and
       (B) in subsection (g), by striking ``$30,000,000'' and 
     inserting ``$50,000,000''.
       (2) Applicability.--Section 2037 of the Water Resources 
     Development Act of 2007 (121 Stat. 1094) is amended by added 
     at the end the following:
       ``(c) Applicability.--The amendment made by subsection (a) 
     shall not apply to any project authorized under this Act if a 
     report of the Chief of Engineers for the project was 
     completed prior to the date of enactment of this Act.''.
       (d) Small Flood Control Projects.--Section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s) is amended in the third 
     sentence by striking ``$7,000,000'' and inserting 
     ``$10,000,000''.
       (e) Project Modifications for Improvement of Environment.--
     Section 1135(d) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a(d)) is amended--
       (1) in the second sentence, by striking ``Not more than 80 
     percent of the non-Federal may be'' and inserting ``The non-
     Federal share may be provided''; and
       (2) in the third sentence, by striking ``$5,000,000'' and 
     inserting ``$10,000,000''.
       (f) Aquatic Ecosystem Restoration.--Section 206(d) of the 
     Water Resources Development Act of 1996 (33 U.S.C. 2330(d)) 
     is amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.
       (g) Floodplain Management Services.--Section 206(d) of the 
     Flood Control Act of 1960 (33 U.S.C. 709a) is amended by 
     striking ``$15,000,000'' and inserting ``$50,000,000''.

     SEC. 2004. CONTINUING AUTHORITY PROGRAM PRIORITIZATION.

       (a) Definition of Continuing Authority Program Project.--In 
     this section, the term ``continuing authority program'' means 
     1 of the following authorities:
       (1) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s).
       (2) Section 111 of the River and Harbor Act of 1968 (33 
     U.S.C. 426i).
       (3) Section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330).
       (4) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (5) Section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577).
       (6) Section 3 of the Act of August 13, 1946 (33 U.S.C. 
     426g).
       (b) Prioritization.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register and on a publicly available website, the 
     criteria the Secretary uses for prioritizing annual funding 
     for continuing authority program projects.
       (c) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act and each year thereafter, the Secretary 
     shall publish in the Federal Register and on a publicly 
     available website, a report on the status of each continuing 
     authority program, which, at a minimum, shall include--
       (1) the name and a short description of each active 
     continuing authority program project;
       (2) the cost estimate to complete each active project; and
       (3) the funding available in that fiscal year for each 
     continuing authority program.
       (d) Congressional Notification.--On publication in the 
     Federal Register under subsections (b) and (c), the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a copy of all 
     information published under those subsections.

     SEC. 2005. FISH AND WILDLIFE MITIGATION.

       (a) In General.--Section 906 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2283) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by inserting ``for damages to ecological resources, 
     including terrestrial and aquatic resources, and'' after 
     ``mitigate'';
       (II) by inserting ``ecological resources and'' after 
     ``impact on''; and
       (III) by inserting ``without the implementation of 
     mitigation measures'' before the period; and

       (ii) by inserting before the last sentence the following: 
     ``If the Secretary determines that mitigation to in-kind 
     conditions is not possible, the Secretary shall identify in 
     the report the basis for that determination.''; and
       (B) 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 redesginating 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 1 or more 
     programmatic mitigation plans to address the potential 
     impacts to ecological resources, fish, and wildlife 
     associated with existing or future water resources 
     development projects.
       ``(2) Use of mitigation plans.--The Secretary shall, to the 
     maximum extent practicable, use programmatic mitigation plans 
     developed in

[[Page S3112]]

     accordance with this subsection to guide the development of a 
     mitigation plan under subsection (d).
       ``(3) Non-federal plans.--The Secretary shall, to the 
     maximum extent practicable and subject to all conditions of 
     this subsection, use programmatic environmental plans 
     developed by a State, a body politic of the State, which 
     derives its powers from a State constitution, a government 
     entity created by State legislation, or a local government, 
     that meet the requirements of this subsection to address the 
     potential environmental impacts of existing or future water 
     resources development projects.
       ``(4) Scope.--A programmatic mitigation plan developed by 
     the Secretary or an entity described in paragraph (3) to 
     address potential impacts of existing or future water 
     resources development projects may--
       ``(A) be developed on a regional, ecosystem, watershed, or 
     statewide scale;
       ``(B) encompass multiple environmental resources within a 
     defined geographical area or focus on a specific resource, 
     such as aquatic resources or wildlife habitat; and
       ``(C) address impacts from all projects in a defined 
     geographical area or focus on a specific type of project.
       ``(5) Consultation.--The scope of the plan shall be 
     determined by the Secretary or an entity described in 
     paragraph (3), as appropriate, in consultation with the 
     agency with jurisdiction over the resources being addressed 
     in the environmental mitigation plan.
       ``(6) Contents.--A programmatic environmental mitigation 
     plan may include--
       ``(A) an assessment of the condition of environmental 
     resources in the geographical area covered by the plan, 
     including an assessment of recent trends and any potential 
     threats to those resources;
       ``(B) an assessment of potential opportunities to improve 
     the overall quality of environmental resources in the 
     geographical area covered by the plan through strategic 
     mitigation for impacts of water resources development 
     projects;
       ``(C) standard measures for mitigating certain types of 
     impacts;
       ``(D) parameters for determining appropriate mitigation for 
     certain types of impacts, such as mitigation ratios or 
     criteria for determining appropriate mitigation sites;
       ``(E) adaptive management procedures, such as protocols 
     that involve monitoring predicted impacts over time and 
     adjusting mitigation measures in response to information 
     gathered through the monitoring;
       ``(F) acknowledgment of specific statutory or regulatory 
     requirements that must be satisfied when determining 
     appropriate mitigation for certain types of resources; and
       ``(G) any offsetting benefits of self-mitigating projects, 
     such as ecosystem or resource restoration and protection.
       ``(7) Process.--Before adopting a programmatic 
     environmental mitigation plan for use under this subsection, 
     the Secretary shall--
       ``(A) for a plan developed by the Secretary--
       ``(i) make a draft of the plan available for review and 
     comment by applicable environmental resource agencies and the 
     public; and
       ``(ii) consider any comments received from those agencies 
     and the public on the draft plan; and
       ``(B) for a plan developed under paragraph (3), determine, 
     not later than 180 days after receiving the plan, whether the 
     plan meets the requirements of paragraphs (4) through (6) and 
     was made available for public comment.
       ``(8) Integration with other plans.--A programmatic 
     environmental mitigation plan may be integrated with other 
     plans, including watershed plans, ecosystem plans, species 
     recovery plans, growth management plans, and land use plans.
       ``(9) Consideration in project development and 
     permitting.--If a programmatic environmental mitigation plan 
     has been developed under this subsection, any Federal agency 
     responsible for environmental reviews, permits, or approvals 
     for a water resources development project may use the 
     recommendations in that programmatic environmental mitigation 
     plan when carrying out the responsibilities of the agency 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(10) Preservation of existing authorities.--Nothing in 
     this subsection limits the use of programmatic approaches to 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       ``(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.
       ``(2) Inclusion of other activities.--The banks, programs, 
     and efforts described in paragraph (1) include any banks, 
     programs, and efforts developed in accordance with applicable 
     law (including regulations).
       ``(3) Terms and conditions.--In carrying out natural 
     habitat and wetlands mitigation efforts under this section, 
     contributions to the mitigation effort may--
       ``(A) take place concurrent with, or in advance of, the 
     commitment of funding to a project; and
       ``(B) occur in advance of project construction only if the 
     efforts are consistent with all applicable requirements of 
     Federal law (including regulations) and water resources 
     development planning processes.
       ``(4) Preference.--At the request of the non-Federal 
     project sponsor, preference may be given, to the maximum 
     extent practicable, to mitigating an environmental impact 
     through the use of a mitigation bank, in-lieu fee, or other 
     third-party mitigation arrangement, if the use of credits 
     from the mitigation bank or in-lieu fee, or the other third-
     party mitigation arrangement for the project has been 
     approved by the applicable Federal agency.
       ``(j) Use of Funds.--The Secretary may use funds made 
     available for preconstruction engineering and design prior to 
     authorization of project construction to acquire interests in 
     land necessary for meeting the mitigation requirements of 
     this section.''.
       (b) Application.--The amendments made by subsection (a) 
     shall not apply to a project for which a mitigation plan has 
     been completed as of the date of enactment of this Act.
       (c) Technical Assistance.--
       (1) In general.--The Secretary may provide technical 
     assistance to States and local governments to establish 
     third-party mitigation instruments, including mitigation 
     banks and in-lieu fee programs, that will help to target 
     mitigation payments to high-priority ecosystem restoration 
     actions.
       (2) Requirements.--In providing technical assistance under 
     this subsection, the Secretary shall give priority to States 
     and local governments that have developed State, regional, or 
     watershed-based plans identifying priority restoration 
     actions.
       (3) Mitigation instruments.--The Secretary shall seek to 
     ensure any technical assistance provided under this 
     subsection will support the establishment of mitigation 
     instruments that will result in restoration of high-priority 
     areas identified in the plans under paragraph (2).

     SEC. 2006. MITIGATION STATUS REPORT.

       Section 2036(b) of the Water Resources Development Act of 
     2007 (33 U.S.C. 2283a) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Information included.--In reporting the status of all 
     projects included in the report, the Secretary shall--
       ``(A) use a uniform methodology for determining the status 
     of all projects included in the report;
       ``(B) use a methodology that describes both a qualitative 
     and quantitative status for all projects in the report; and
       ``(C) provide specific dates for and participants in the 
     consultations required under section 906(d)(4)(B) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     2283(d)(4)(B)).''.

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Timing of Peer Review.--Section 2034(b) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(b)) is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Reasons for timing.--If the Chief of Engineers does 
     not initiate a peer review for a project study at a time 
     described in paragraph (2), the Chief shall--
       ``(A) not later than 7 days after the date on which the 
     Chief of Engineers determines not to initiate a peer review--
       ``(i) notify the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives of that 
     decision; and
       ``(ii) make publicly available, including on the Internet 
     the reasons for not conducting the review; and
       ``(B) include the reasons for not conducting the review in 
     the decision document for the project study.''.
       (b) Establishment of Panels.--Section 2034(c) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(c)) is 
     amended by striking paragraph (4) and inserting the 
     following:
       ``(4) Congressional and public notification.--Following the 
     identification of a project study for peer review under this 
     section, but prior to initiation of the review by the panel 
     of experts, the Chief of Engineers shall, not later than 7 
     days after the date on which the Chief of Engineers 
     determines to conduct a review--
       ``(A) notify the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives of the review; 
     and
       ``(B) make publicly available, including on the Internet, 
     information on--
       ``(i) the dates scheduled for beginning and ending the 
     review;
       ``(ii) the entity that has the contract for the review; and
       ``(iii) the names and qualifications of the panel of 
     experts.''.
       (c) Recommendations of Panel.--Section 2034(f) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(f)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Public availability and submission to congress.--
     After receiving a report on a project study from a panel of 
     experts under this section, the Chief of Engineers shall make 
     available to the public, including on the Internet, and 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives--
       ``(A) a copy of the report not later than 7 days after the 
     date on which the report is delivered to the Chief of 
     Engineers; and
       ``(B) a copy of any written response of the Chief of 
     Engineers on recommendations contained in the report not 
     later than 3 days after

[[Page S3113]]

     the date on which the response is delivered to the Chief of 
     Engineers.
       ``(3) Inclusion in project study.--A report on a project 
     study from a panel of experts under this section and the 
     written response of the Chief of Engineers shall be included 
     in the final decision document for the project study.''.
       (d) Applicability.--Section 2034(h)(2) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) is 
     amended by striking ``7 years'' and inserting ``12 years''.

     SEC. 2008. OPERATION AND MAINTENANCE OF NAVIGATION AND 
                   HYDROELECTRIC FACILITIES.

       (a) In General.--Section 314 of the Water Resources 
     Development Act of 1990 (33 U.S.C. 2321) is amended--
       (1) by striking the heading and inserting the following:

     ``SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION AND 
                   HYDROELECTRIC FACILITIES.'';

       (2) in the first sentence, by striking ``Activities 
     currently performed'' and inserting the following:
       ``(a) In General.--Activities currently performed'';
       (3) in the second sentence, by striking ``This section'' 
     and inserting the following:
       ``(b) Major Maintenance Contracts Allowed.--This section'';
       (4) in subsection (a) (as designated by paragraph (2)), by 
     inserting ``navigation or'' before ``hydroelectric''; and
       (5) by adding at the end the following:
       ``(c) Exclusion.--This section shall not--
       ``(1) apply to those navigation facilities that have been 
     or are currently under contract with a non-Federal interest 
     to perform operations and maintenance as of the date of 
     enactment of the Water Resources Development Act of 2013; and
       ``(2) prohibit the Secretary from contracting out future 
     commercial activities at those navigation facilities.''.
       (b) Clerical Amendment.--The table of contents contained in 
     section 1(b) of the Water Resources Development Act of 1990 
     (104 Stat. 4604) is amended by striking the item relating to 
     section 314 and inserting the following:

``Sec. 314. Operation and maintenance of navigation and hydroelectric 
              facilities.''.

     SEC. 2009. HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.

       (a) Findings.--Congress finds that--
       (1) in April 2012, the Oak Ridge National Laboratory of the 
     Department of Energy (referred to in this section as the 
     ``Oak Ridge Lab'') released a report finding that adding 
     hydroelectric power to the non-powered dams of the United 
     States has the potential to add more than 12 gigawatts of new 
     generating capacity;
       (2) the top 10 non-powered dams identified by the Oak Ridge 
     Lab as having the highest hydroelectric power potential could 
     alone supply 3 gigawatts of generating capacity;
       (3) of the 50 non-powered dams identified by the Oak Ridge 
     Lab as having the highest hydroelectric power potential, 48 
     are Corps of Engineers civil works projects;
       (4) promoting non-Federal hydroelectric power at Corps of 
     Engineers civil works projects increases the taxpayer benefit 
     of those projects;
       (5) the development of non-Federal hydroelectric power at 
     Corps of Engineers civil works projects--
       (A) can be accomplished in a manner that is consistent with 
     authorized project purposes and the responsibilities of the 
     Corps of Engineers to protect the environment; and
       (B) in many instances, may have additional environmental 
     benefits; and
       (6) the development of non-Federal hydroelectric power at 
     Corps of Engineers civil works projects could be promoted 
     through--
       (A) clear and consistent lines of responsibility and 
     authority within and across Corps of Engineers districts and 
     divisions on hydroelectric power development activities;
       (B) consistent and corresponding processes for reviewing 
     and approving hydroelectric power development; and
       (C) developing a means by which non-Federal hydroelectric 
     power developers and stakeholders can resolve disputes with 
     the Corps of Engineers concerning hydroelectric power 
     development activities at Corps of Engineers civil works 
     projects.
       (b) Policy.--Congress declares that it is the policy of the 
     United States that--
       (1) the development of non-Federal hydroelectric power at 
     Corps of Engineers civil works projects, including locks and 
     dams, shall be given priority;
       (2) Corps of Engineers approval of non-Federal 
     hydroelectric power at Corps of Engineers civil works 
     projects, including permitting required under section 14 of 
     the Act of March 3, 1899 (33 U.S.C. 408), shall be completed 
     by the Corps of Engineers in a timely and consistent manner; 
     and
       (3) approval of hydropower at Corps of Engineers civil 
     works projects shall in no way diminish the other priorities 
     and missions of the Corps of Engineers, including authorized 
     project purposes and habitat and environmental protection.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act and each year thereafter, the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that, 
     at a minimum, shall include--
       (1) a description of initiatives carried out by the 
     Secretary to encourage the development of hydroelectric power 
     by non-Federal entities at Corps of Engineers civil works 
     projects;
       (2) a list of all new hydroelectric power activities by 
     non-Federal entities approved at Corps of Engineers civil 
     works projects in that fiscal year, including the length of 
     time the Secretary needed to approve those activities;
       (3) a description of the status of each pending application 
     from non-Federal entities for approval to develop 
     hydroelectric power at Corps of Engineers civil works 
     projects;
       (4) a description of any benefits or impacts to the 
     environment, recreation, or other uses associated with Corps 
     of Engineers civil works projects at which non-Federal 
     entities have developed hydroelectric power in the previous 
     fiscal year; and
       (5) the total annual amount of payments or other services 
     provided to the Corps of Engineers, the Treasury, and any 
     other Federal agency as a result of approved non-Federal 
     hydropower projects at Corps of Engineers civil works 
     projects.

     SEC. 2010. CLARIFICATION OF WORK-IN-KIND CREDIT AUTHORITY.

       (a) Non-Federal Cost Share.--Section 7007 of the Water 
     Resources Development Act of 2007 (121 Stat. 1277) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``, on, or after'' after ``before''; and
       (B) by inserting ``, program,'' after ``study'' each place 
     it appears;
       (2) in subsections (b) and (e)(1), by inserting ``, 
     program,'' after ``study'' each place it appears; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Treatment of Credit Between Projects.--The value of 
     any land, easements, rights-of-way, relocations, and dredged 
     material disposal areas and the costs of planning, design, 
     and construction work provided by the non-Federal interest 
     that exceed the non-Federal cost share for a study, program, 
     or project under this title may be applied toward the non-
     Federal cost share for any other study, program, or project 
     carried out under this title.''.
       (b) Implementation.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary, in coordination with 
     any relevant agencies of the State of Louisiana, shall 
     establish a process by which to carry out the amendments made 
     by subsection (a)(3).
       (c) Effective Date.--The amendments made by subsection (a) 
     take effect on November 8, 2007.

     SEC. 2011. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.

       (a) In General.--Subject to subsection (b), the Secretary 
     may apply credit for in-kind contributions provided by a non-
     Federal interest that is in excess of the required non-
     Federal cost-share for a water resources study or project 
     toward the required non-Federal cost-share for a different 
     water resources study or project.
       (b) Restrictions.--
       (1) In general.--Except for subsection (a)(4)(D)(i) of that 
     section, the requirements of section 221 of the Flood Control 
     Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 2012 
     of this Act) shall apply to any credit under this section.
       (2) Conditions.--Credit in excess of the non-Federal cost-
     share for a study or project may be approved under this 
     section only if--
       (A) the non-Federal interest submits a comprehensive plan 
     to the Secretary that identifies--
       (i) the studies and projects for which the non-Federal 
     interest intends to provide in-kind contributions for credit 
     that is in excess of the non-Federal cost share for the study 
     or project; and
       (ii) the studies and projects to which that excess credit 
     would be applied;
       (B) the Secretary approves the comprehensive plan; and
       (C) the total amount of credit does not exceed the total 
     non-Federal cost-share for the studies and projects in the 
     approved comprehensive plan.
       (c) Additional Criteria.--In evaluating a request to apply 
     credit in excess of the non-Federal cost-share for a study or 
     project toward a different study or project, the Secretary 
     shall consider whether applying that credit will--
       (1) help to expedite the completion of a project or group 
     of projects;
       (2) reduce costs to the Federal Government; and
       (3) aid the completion of a project that provides 
     significant flood risk reduction or environmental benefits.
       (d) Termination of Authority.--The authority provided in 
     this section shall terminate 10 years after the date of 
     enactment of this Act.
       (e) Report.--
       (1) Deadlines.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives an interim report on the use of the 
     authority under this section.
       (B) Final report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a final report on the use of the 
     authority under this section.
       (2) Inclusions.--The reports described in paragraph (1) 
     shall include--
       (A) a description of the use of the authority under this 
     section during the reporting period;
       (B) an assessment of the impact of the authority under this 
     section on the time required to complete projects; and
       (C) an assessment of the impact of the authority under this 
     section on other water resources projects.

     SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS.

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

[[Page S3114]]

       (1) in subparagraph (A), in the matter preceding clause (i) 
     by inserting ``or a project under an environmental 
     infrastructure assistance program'' after ``law'';
       (2) in subparagraph (C), by striking ``In any case'' and 
     all that follows through the period at the end and inserting 
     the following:
       ``(i) Construction.--

       ``(I) In general.--In any case in which the non-Federal 
     interest is to receive credit under subparagraph (A) for the 
     cost of construction carried out by the non-Federal interest 
     before execution of a partnership agreement and that 
     construction has not been carried out as of the date of 
     enactment of this subparagraph, the Secretary and the non-
     Federal interest shall enter into an agreement under which 
     the non-Federal interest shall carry out such work prior to 
     the non-Federal interest initiating construction or issuing a 
     written notice to proceed for the construction.
       ``(II) Eligibility.--Construction that is carried out after 
     the execution of an agreement to carry out work described in 
     subclause (I) and any design activities that are required for 
     that construction, even if the design activity is carried out 
     prior to the execution of the agreement to carry out work, 
     shall be eligible for credit.

       ``(ii) Planning.--

       ``(I) In general.--In any case in which the non-Federal 
     interest is to receive credit under subparagraph (A) for the 
     cost of planning carried out by the non-Federal interest 
     before execution of a feasibility cost sharing agreement, the 
     Secretary and the non-Federal interest shall enter into an 
     agreement under which the non-Federal interest shall carry 
     out such work prior to the non-Federal interest initiating 
     that planning.
       ``(II) Eligibility.--Planning that is carried out by the 
     non-Federal interest after the execution of an agreement to 
     carry out work described in subclause (I) shall be eligible 
     for credit.'';

       (3) in subparagraph (D)(iii), by striking ``sections 101 
     and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
       (4) by redesignating subparagraph (E) as subparagraph (H);
       (5) by inserting after subparagraph (D) the following:
       ``(E) Analysis of costs and benefits.--In the evaluation of 
     the costs and benefits of a project, the Secretary shall not 
     consider construction carried out by a non-Federal interest 
     under this subsection as part of the future without project 
     condition.
       ``(F) Transfer of credit between separable elements of a 
     project.--Credit for in-kind contributions provided by a non-
     Federal interest that are in excess of the non-Federal cost 
     share for an authorized separable element of a project may be 
     applied toward the non-Federal cost share for a different 
     authorized separable element of the same project.
       ``(G) Application of credit.--To the extent that credit for 
     in-kind contributions, as limited by subparagraph (D), and 
     credit for required land, easements, rights-of-way, dredged 
     material disposal areas, and relocations provided by the non-
     Federal interest exceed the non-Federal share of the cost of 
     construction of a project other than a navigation project, 
     the Secretary shall reimburse the difference to the non-
     Federal interest, subject to the availability of funds.''; 
     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 in addition to specific credit 
     provision.--In any case in which a specific provision of law 
     authorizes credit for in-kind contributions provided by a 
     non-Federal interest before the date of execution of a 
     partnership agreement, the Secretary may apply the authority 
     provided in this paragraph to allow credit for in-kind 
     contributions provided by the non-Federal interest on or 
     after the date of execution of the partnership agreement.''.
       (b) Applicability.--Section 2003(e) of the Water Resources 
     Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended 
     by inserting ``, or construction of design deficiency 
     corrections on the project,'' after ``construction on the 
     project''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) take effect on November 8, 2007.
       (d) Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall update any 
     guidance or regulations for carrying out section 221(a)(4) of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as 
     amended by subsection (a)) that are in existence on the date 
     of enactment of this Act or issue new guidelines, as 
     determined to be appropriate by the Secretary.
       (2) Inclusions.--Any guidance, regulations, or guidelines 
     updated or issued under paragraph (1) shall include, at a 
     minimum--
       (A) the milestone for executing an in-kind memorandum of 
     understanding for construction by a non-Federal interest;
       (B) criteria and procedures for evaluating a request to 
     execute an in-kind memorandum of understanding for 
     construction by a non-Federal interest that is earlier than 
     the milestone under subparagraph (A) for that execution; and
       (C) criteria and procedures for determining whether work 
     carried out by a non-Federal interest is integral to a 
     project.
       (3) Public and stakeholder participation.--Before issuing 
     any new or revised guidance, regulations, or guidelines or 
     any subsequent updates to those documents, the Secretary 
     shall--
       (A) consult with affected non-Federal interests;
       (B) publish the proposed guidelines developed under this 
     subsection in the Federal Register; and
       (C) provide the public with an opportunity to comment on 
     the proposed guidelines.
       (e) Other Credit.--Nothing in section 221(a)(4) of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as 
     amended by subsection (a)) affects any eligibility for credit 
     under section 104 of the Water Resources Development of 1986 
     (33 U.S.C. 2214) that was approved by the Secretary prior to 
     the date of enactment of this Act.

     SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT.

       Section 211(e)(2) of the Water Resources Development Act of 
     1996 (33 U.S.C. 701b-13(e)(2)) is amended by adding at the 
     end the following:
       ``(C) Studies or other projects.--On the request of a non-
     Federal interest, in lieu of reimbursing a non-Federal 
     interest the amount equal to the estimated Federal share of 
     the cost of an authorized flood damage reduction project or a 
     separable element of an authorized flood damage reduction 
     project under this subsection that has been constructed by 
     the non-Federal interest under this section as of the date of 
     enactment of this Act, the Secretary may provide the non-
     Federal interest with a credit in that amount, which the non-
     Federal interest may apply to the share of the cost of the 
     non-Federal interest of carrying out other flood damage 
     reduction projects or studies.''.

     SEC. 2014. DAM OPTIMIZATION.

       (a) Definitions.--In this section:
       (1) Other related project benefits.--The term ``other 
     related project benefits'' includes--
       (A) environmental protection and restoration, including 
     restoration of water quality and water flows, improving 
     movement of fish and other aquatic species, and restoration 
     of floodplains, wetlands, and estuaries;
       (B) increased water supply storage;
       (C) increased hydropower generation;
       (D) reduced flood risk;
       (E) additional navigation; and
       (F) improved recreation.
       (2) Water control plan.--The term ``water control plan'' 
     means--
       (A) a plan for coordinated regulation schedules for project 
     or system regulation; and
       (B) such additional provisions as may be required to 
     collect, analyze, and disseminate basic data, prepare 
     detailed operating instructions, ensure project safety, and 
     carry out regulation of projects in an appropriate manner.
       (b) Program.--
       (1) In general.--The Secretary may carry out activities--
       (A) to improve the efficiency of the operations and 
     maintenance of dams and related infrastructure operated by 
     the Corps of Engineers; and
       (B) to maximize, to the extent practicable--
       (i) authorized project purposes; and
       (ii) other related project benefits.
       (2) Eligible activities.--An eligible activity under this 
     section is any activity that the Secretary would otherwise be 
     authorized to carry out that is designed to provide other 
     related project benefits in a manner that does not adversely 
     impact the authorized purposes of the project, including--
       (A) the review of project operations on a regular and 
     timely basis to determine the potential for operational 
     changes;
       (B) carrying out any investigation or study the Secretary 
     determines to be necessary; and
       (C) the revision or updating of a water control plan or 
     other modification of the operation of a water resource 
     project.
       (3) Impact on authorized purposes.--An activity carried out 
     under this section shall not adversely impact any of the 
     authorized purposes of the project.
       (4) Effect on existing agreements.--Nothing in this section 
     supersedes or modifies any written agreement between the 
     Federal Government and a non-Federal interest that is in 
     effect on the date of enactment of this Act.
       (5) Other laws.--
       (A) In general.--An activity carried out under this section 
     shall comply with all other applicable laws (including 
     regulations).
       (B) Water supply.--Any activity carried out under this 
     section that results in any modification to water supply 
     storage allocations at a reservoir operated by the Secretary 
     shall comply with section 301 of the Water Supply Act of 1958 
     (43 U.S.C. 390b).
       (c) Policies, Regulations, and Guidance.--The Secretary 
     shall carry out a review of, and as necessary modify, the 
     policies, regulations, and guidance of the Secretary to carry 
     out the activities described in subsection (b).
       (d) Coordination.--
       (1) In general.--The Secretary shall coordinate all 
     planning and activities carried out under this section with 
     appropriate Federal, State, and local agencies and those 
     public and private entities that the Secretary determines may 
     be affected by those plans or activities.
       (2) Non-federal interests.--Prior to carrying out an 
     activity under this section, the Secretary shall consult with 
     any applicable non-Federal interest of the affected dam or 
     related infrastructure.
       (e) Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to Congress a report describing the 
     actions carried out under this section.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include--
       (A) a schedule for reviewing the operations of individual 
     projects; and

[[Page S3115]]

       (B) any recommendations of the Secretary on changes that 
     the Secretary determines to be necessary--
       (i) to carry out existing project authorizations, including 
     the deauthorization of any water resource project that the 
     Secretary determines could more effectively be achieved 
     through other means;
       (ii) to improve the efficiency of water resource project 
     operations; and
       (iii) to maximize authorized project purposes and other 
     related project benefits.
       (3) Updated report.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall update the report 
     entitled ``Authorized and Operating Purposes of Corps of 
     Engineers Reservoirs'' and dated July 1992, which was 
     produced pursuant to section 311 of the Water Resources 
     Development Act of 1990 (104 Stat. 4639).
       (B) Inclusions.--The updated report described in 
     subparagraph (A) shall include--
       (i) the date on which the most recent review of project 
     operations was conducted and any recommendations of the 
     Secretary relating to that review the Secretary determines to 
     be significant; and
       (ii) the dates on which the recommendations described in 
     clause (i) were carried out.
       (f) Funding.--
       (1) In general.--The Secretary may use to carry out this 
     section amounts made available to the Secretary from--
       (A) the general purposes and expenses account;
       (B) the operations and maintenance account; and
       (C) any other amounts that are appropriated to carry out 
     this section.
       (2) Funding from other sources.--The Secretary may accept 
     and expend amounts from non-Federal entities and other 
     Federal agencies to carry out this section.
       (g) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with other Federal agencies and non-
     Federal entities to carry out this section.

     SEC. 2015. WATER SUPPLY.

       Section 301 of the Water Supply Act of 1958 (43 U.S.C. 
     390b) is amended by striking subsection (d) and inserting the 
     following:
       ``(d) Congressional Approval of Modifications of Reservoir 
     Projects.--Congressional approval shall be required for any 
     modification that provides storage for municipal or 
     industrial water supply at a reservoir project that has been 
     authorized, surveyed, planned, or constructed if, when 
     considered cumulatively with all previous modifications of 
     the project, the modification would--
       ``(1) seriously affect the purposes for which the project 
     was authorized, surveyed, planned, or constructed;
       ``(2) involve major structural or operational changes; or
       ``(3) involve an allocation or reallocation of storage that 
     is equal to or exceeds 5 percent of the conservation storage 
     pool of the project.''.

     SEC. 2016. REPORT ON WATER STORAGE PRICING FORMULAS.

       (a) Findings.--Congress finds that--
       (1) due to the ongoing drought in many parts of the United 
     States, communities are looking for ways to enhance their 
     water storage on Corps of Engineer reservoirs so as to 
     maintain a reliable supply of water into the foreseeable 
     future;
       (2) water storage pricing formulas should be equitable and 
     not create disparities between users; and
       (3) water pricing formulas should not be cost-prohibitive 
     for communities.
       (b) Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall initiate an assessment of the water storage 
     pricing formulas of the Corps of Engineers, which shall 
     include an assessment of--
       (A) existing water storage pricing formulas of the Corps of 
     Engineers, in particular whether those formulas produce water 
     storage costs for some beneficiaries that are greatly 
     disparate from the costs of other beneficiaries; and
       (B) whether equitable water storage pricing formulas could 
     lessen the disparate impact and produce more affordable water 
     storage for potential beneficiaries.
       (2) Report.--The Comptroller General of the United States 
     shall submit to Congress a report on the assessment carried 
     out under paragraph (1).

     SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED WORK.

       (a) In General.--The Secretary may carry out measures to 
     improve fish species habitat within the footprint and 
     downstream of a water resources project constructed by the 
     Secretary that includes a fish hatchery if the Secretary--
       (1) has been explicitly authorized to compensate for fish 
     losses associated with the project; and
       (2) determines that the measures are--
       (A) feasible;
       (B) consistent with authorized project purposes and the 
     fish hatchery; and
       (C) in the public interest.
       (b) Cost Sharing.--
       (1) In general.--Subject to paragraph (2), the non-Federal 
     interest shall contribute 35 percent of the total cost of 
     carrying out activities under this section, including the 
     costs relating to the provision or acquisition of required 
     land, easements, rights-of-way, dredged material disposal 
     areas, and relocations.
       (2) Operation and maintenance.--The non-Federal interest 
     shall contribute 100 percent of the costs of operation, 
     maintenance, replacement, repair, and rehabilitation of a 
     project constructed under this section.
       (c) Authorization of Appropriations.--For each fiscal year, 
     there is authorized to be appropriated to carry out this 
     section $30,000,000.

     SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASIBILITY 
                   STUDIES.

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

     SEC. 2019. PLANNING ASSISTANCE TO STATES.

       Section 22 of the Water Resources Development Act of 1974 
     (42 U.S.C. 1962d-16) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``or other stakeholder working with a 
     State'' after ``cooperate with any State''; and
       (ii) by inserting ``, including plans to comprehensively 
     address water resources challenges,'' after ``of such 
     State''; and
       (B) in paragraph (2)(A), by striking ``, at Federal 
     expense,'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``subsection (a)(1)'' 
     each place it appears and inserting ``subsection (a)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) Contributed funds.--The Secretary may accept and 
     expend funds in excess of the fees established under 
     paragraph (1) that are provided by a State or other non-
     Federal public body for assistance under this section.'' ; 
     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. 2020. VEGETATION MANAGEMENT POLICY.

       (a) Definition of National Guidelines.--In this section, 
     the term ``national guidelines'' means the Corps of Engineers 
     policy guidelines for management of vegetation on levees, 
     including--
       (1) Engineering Technical Letter 1110-2-571 entitled 
     ``Guidelines for Landscape Planting and Vegetation Management 
     at Levees, Floodwalls, Embankment Dams, and Appurtenant 
     Structures'' and adopted April 10, 2009; and
       (2) the draft policy guidance letter entitled ``Process for 
     Requesting a Variance from Vegetation Standards for Levees 
     and Floodwalls'' (77 Fed. Reg. 9637 (Feb. 17, 2012)).
       (b) Review.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall carry out a 
     comprehensive review of the national guidelines in order to 
     determine whether current Federal policy relating to levee 
     vegetation is appropriate for all regions of the United 
     States.
       (c) Factors.--
       (1) In general.--In carrying out the review, the Secretary 
     shall consider--
       (A) the varied interests and responsibilities in managing 
     flood risks, including the need--
       (i) to provide for levee safety with limited resources; and
       (ii) to ensure that levee safety investments minimize 
     environmental impacts and provide corresponding public safety 
     benefits;
       (B) the levee safety benefits that can be provided by woody 
     vegetation;
       (C) the preservation, protection, and enhancement of 
     natural resources, including--
       (i) the benefit of vegetation on levees in providing 
     habitat for endangered, threatened, and candidate species; 
     and
       (ii) the impact of removing levee vegetation on compliance 
     with other regulatory requirements;
       (D) protecting the rights of Indian tribes pursuant to 
     treaties and statutes;
       (E) the available science and the historical record 
     regarding the link between vegetation on levees and flood 
     risk;
       (F) the avoidance of actions requiring significant economic 
     costs and environmental impacts; and
       (G) other factors relating to the factors described in 
     subparagraphs (A) through (F) identified in public comments 
     that the Secretary determines to be appropriate.
       (2) Variance considerations.--
       (A) In general.--In carrying out the review, the Secretary 
     shall specifically consider whether the national guidelines 
     can be amended to promote and allow for consideration of 
     variances from national guidelines on a Statewide, tribal, 
     regional, or watershed basis, including variances based on--
       (i) soil conditions;
       (ii) hydrologic factors;
       (iii) vegetation patterns and characteristics;
       (iv) environmental resources, including endangered, 
     threatened, or candidate species and related regulatory 
     requirements;
       (v) levee performance history, including historical 
     information on original construction and subsequent operation 
     and maintenance activities;
       (vi) any effects on water supply;
       (vii) any scientific evidence on the link between levee 
     vegetation and levee safety;
       (viii) institutional considerations, including 
     implementation challenges;
       (ix) the availability of limited funds for levee 
     construction and rehabilitation;
       (x) the economic and environmental costs of removing woody 
     vegetation on levees; and
       (xi) other relevant factors identified in public comments 
     that the Secretary determines to be appropriate.
       (B) Scope.--The scope of a variance approved by the 
     Secretary may include a complete exemption to national 
     guidelines, as the Secretary determines to be necessary.

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       (d) Cooperation and Consultation; Recommendations.--
       (1) In general.--The Secretary shall carry out the review 
     under this section in consultation with other applicable 
     Federal agencies, representatives of State, regional, local, 
     and tribal governments, appropriate nongovernmental 
     organizations, and the public.
       (2) Recommendations.--The Chief of Engineers and any State, 
     tribal, regional, or local entity may submit to the Secretary 
     any recommendations for vegetation management policies for 
     levees that conform with Federal and State laws, including 
     recommendations relating to the review of national guidelines 
     under subsection (b) and the consideration of variances under 
     subsection (c)(2).
       (e) Peer Review.--
       (1) In general.--As part of the review, the Secretary shall 
     solicit and consider the views of the National Academy of 
     Engineering and the National Academy of Sciences on the 
     engineering, environmental, and institutional considerations 
     underlying the national guidelines, including the factors 
     described in subsection (c) and any information obtained by 
     the Secretary under subsection (d).
       (2) Availability of views.--The views of the National 
     Academy of Engineering and the National Academy of Sciences 
     obtained under paragraph (1) shall be--
       (A) made available to the public; and
       (B) included in supporting materials issued in connection 
     with the revised national guidelines required under 
     subsection (f).
       (f) Revision of National Guidelines.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall--
       (A) revise the national guidelines based on the results of 
     the review, including--
       (i) recommendations received as part of the consultation 
     described in subsection (d)(1); and
       (ii) the results of the peer review conducted under 
     subsection (e); and
       (B) submit to Congress a report that contains a summary of 
     the activities of the Secretary and a description of the 
     findings of the Secretary under this section.
       (2) Content; incorporation into manual.--The revised 
     national guidelines shall--
       (A) provide a practical, flexible process for approving 
     Statewide, tribal, regional, or watershed variances from the 
     national guidelines that--
       (i) reflect due consideration of the factors described in 
     subsection (c); and
       (ii) incorporate State, tribal, and regional vegetation 
     management guidelines for specific areas that have been 
     adopted through a formal public process; and
       (B) be incorporated into the manual proposed under section 
     5(c) of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved August 
     18, 1941 (33 U.S.C. 701n(c)).
       (3) Failure to meet deadlines.--If the Secretary fails to 
     submit a report by the required deadline under this 
     subsection, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a detailed explanation of--
       (A) why the deadline was missed;
       (B) solutions needed to meet the deadline; and
       (C) a projected date for submission of the report.
       (g) Continuation of Work.--Concurrent with the completion 
     of the requirements of this section, the Secretary shall 
     proceed without interruption or delay with those ongoing or 
     programmed projects and studies, or elements of projects or 
     studies, that are not directly related to vegetation variance 
     policy.
       (h) Interim Actions.--
       (1) In general.--Until the date on which revisions to the 
     national guidelines are adopted in accordance with subsection 
     (f), the Secretary shall not require the removal of existing 
     vegetation as a condition or requirement for any approval or 
     funding of a project, or any other action, unless the 
     specific vegetation has been demonstrated to present an 
     unacceptable safety risk.
       (2) Revisions.--Beginning on the date on which the 
     revisions to the national guidelines are adopted in 
     accordance with subsection (f), the Secretary shall consider, 
     on request of an affected entity, any previous action of the 
     Corps of Engineers in which the outcome was affected by the 
     former national guidelines.

     SEC. 2021. LEVEE CERTIFICATIONS.

       (a) Implementation of Flood Protection Structure 
     Accreditation Task Force.--In carrying out section 100226 of 
     the Biggert-Waters Flood Insurance Reform Act of 2012 (42 
     U.S.C. 4101 note; 126 Stat. 942), the Secretary shall--
       (1) ensure that at least 1 program activity carried out 
     under the inspection of completed works program of the Corps 
     of Engineers provides adequate information to the Secretary 
     to reach a levee accreditation decision for each requirement 
     under section 65.10 of title 44, Code of Federal Regulations 
     (or successor regulation); and
       (2) to the maximum extent practicable, carry out activities 
     under the inspection of completed works program of the Corps 
     of Engineers in alignment with the schedule established for 
     the national flood insurance program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.).
       (b) Accelerated Levee System Evaluations and 
     Certifications.--
       (1) In general.--On receipt of a request from a non-Federal 
     interest, the Secretary may carry out a levee system 
     evaluation and certification of a federally authorized levee 
     for purposes of the national flood insurance program 
     established under chapter 1 of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation and 
     certification will be carried out earlier than such an 
     evaluation and certification would be carried out under 
     subsection (a).
       (2) Requirements.--A levee system evaluation and 
     certification under paragraph (1) shall--
       (A) at a minimum, comply with section 65.10 of title 44, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this Act); and
       (B) be carried out in accordance with such procedures as 
     the Secretary, in consultation with the Director of the 
     Federal Emergency Management Agency, may establish.
       (3) Cost sharing.--
       (A) Non-federal share.--Subject to subparagraph (B), the 
     non-Federal share of the cost of carrying out a levee system 
     evaluation and certification under this subsection shall be 
     35 percent.
       (B) Adjustment.--The Secretary shall adjust the non-Federal 
     share of the cost of carrying out a levee system evaluation 
     and certification under this subsection in accordance with 
     section 103(m) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213(m)).
       (4) Application.--Nothing in this subsection affects the 
     requirement under section 100226(b)(2) of the Biggert-Waters 
     Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 
     Stat. 942).

     SEC. 2022. RESTORATION OF FLOOD AND HURRICANE STORM DAMAGE 
                   REDUCTION PROJECTS.

       (a) In General.--The Secretary shall carry out any measures 
     necessary to restore components of federally authorized and 
     federally constructed flood and hurricane storm damage 
     reduction projects to authorized levels of protection for 
     reasons including settlement, subsidence, sea level rise, and 
     new datum, if the Secretary determines the necessary work is 
     feasible.
       (b) Cost Share.--The non-Federal share of the cost of 
     construction of a project carried out under this section 
     shall be determined as provided in subsections (a) through 
     (d) of section 103 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213).
       (c) Operations and Maintenance.--The non-Federal share of 
     the cost of operations, maintenance, repair, replacement, and 
     rehabilitation for a project carried out under this section 
     shall be 100 percent.
       (d) Eligibility of Projects Transferred to Non-Federal 
     Interest.--The Secretary may carry out measures described in 
     subsection (a) on a water resources project, separable 
     element of a project, or functional component of a project 
     that has been transferred to the non-Federal interest.
       (e) Report to Congress.--Not later than 8 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the implementation of 
     this section, including--
       (1) any recommendations relating to the continued need for 
     the authority provided in this section;
       (2) a description of the measures carried out under this 
     section;
       (3) any lessons learned relating to the measures 
     implemented under this section; and
       (4) best practices for carrying out measures to restore 
     flood damage reduction projects.
       (f) Termination of Authority.--The authority to carry out a 
     measure under this section terminates on the date that is 10 
     years after the date of enactment of this Act.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $250,000,000.

     SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.

       The Secretary may assume operation and maintenance 
     activities for a navigation channel that is deepened by a 
     non-Federal interest prior to December 31, 2012, if--
       (1) the Secretary determines that the requirements under 
     paragraphs (2) and (3) of section 204(f) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2232(f)) are 
     met;
       (2) the Secretary determines that the activities carried 
     out by the non-Federal interest in deepening the navigation 
     channel are economically justified and environmentally 
     acceptable; and
       (3) the deepening activities have been carried out on a 
     Federal navigation channel that--
       (A) exists as of the date of enactment of this Act; and
       (B) has been authorized by Congress.

     SEC. 2024. DREDGING STUDY.

       (a) In General.--The Secretary, in conjunction with other 
     relevant Federal agencies and applicable non-Federal 
     interests, shall carry out a study--
       (1) to compare domestic and international dredging markets, 
     including costs, technologies, and management approaches used 
     in each respective market, and determine the impacts of those 
     markets on dredging needs and practices in the United States;
       (2) to analyze past and existing practices, technologies, 
     and management approaches used in dredging in the United 
     States; and
       (3) to develop recommendations relating to the best 
     techniques, practices, and management approaches for dredging 
     in the United States.
       (b) Purposes.--The purposes of the study under this section 
     are--
       (1) the identification of the best techniques, methods, and 
     technologies for dredging, including the evaluation of the 
     feasibility, cost, and benefits of--
       (A) new dredging technologies; and
       (B) improved dredging practices and techniques;
       (2) the appraisal of the needs of the United States for 
     dredging, including the need to increase the size of private 
     and Corps of Engineers

[[Page S3117]]

     dredging fleets to meet demands for additional construction 
     or maintenance dredging needed as of the date of enactment of 
     this Act and in the subsequent 20 years;
       (3) the identification of any impediments to dredging, 
     including any recommendations of appropriate alternatives for 
     responding to those impediments;
       (4) the assessment, including any recommendations of 
     appropriate alternatives, of the adequacy and effectiveness 
     of--
       (A) the economic, engineering, and environmental methods, 
     models, and analyses used by the Chief of Engineers and 
     private dredging operations for dredging; and
       (B) the current cost structure of construction contracts 
     entered into by the Chief of Engineers;
       (5) the evaluation of the efficiency and effectiveness of 
     past, current, and alternative dredging practices and 
     alternatives to dredging, including agitation dredging; and
       (6) the identification of innovative techniques and cost-
     effective methods to expand regional sediment management 
     efforts, including the placement of dredged sediment within 
     river diversions to accelerate the creation of wetlands.
       (c) Study Team.--
       (1) In general.--The Secretary shall establish a study team 
     to assist the Secretary in planning, carrying out, and 
     reporting on the results of the study under this section.
       (2) Study team.--The study team established pursuant to 
     paragraph (1) shall--
       (A) be appointed by the Secretary; and
       (B) represent a broad spectrum of experts in the field of 
     dredging and representatives of relevant State agencies and 
     relevant non-Federal interests.
       (d) Public Comment Period.--The Secretary shall--
       (1) make available to the public, including on the 
     Internet, all draft and final study findings under this 
     section; and
       (2) allow for a public comment period of not less than 30 
     days on any draft study findings prior to issuing final study 
     findings.
       (e) Report to Congress.--Not later than 2 years after the 
     date of enactment of this Act, and subject to available 
     appropriations, the Secretary, in consultation with the study 
     team established under subsection (c), shall submit a 
     detailed report on the results of the study to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (f) Failure to Meet Deadlines.--If the Secretary does not 
     complete the study under this section and submit a report to 
     Congress under subsection (e) on or before the deadline 
     described in that subsection, the Secretary shall notify 
     Congress and describe why the study was not completed.

     SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate the cost-effectiveness 
     and project delivery efficiency of allowing non-Federal 
     interests to carry out flood risk management, hurricane and 
     storm damage reduction, and coastal harbor and channel and 
     inland harbor navigation projects.
       (b) Purposes.--The purposes of the pilot program are--
       (1) to identify project delivery and cost-saving 
     alternatives that reduce the backlog of authorized Corps of 
     Engineers projects;
       (2) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal interest 
     carrying out the design, execution, management, and 
     construction of 1 or more projects; and
       (3) to evaluate alternatives for the decentralization of 
     the project planning, management, and operational 
     decisionmaking process of the Corps of Engineers.
       (c) Administration.--
       (1) In general.--In carrying out the pilot program, the 
     Secretary shall--
       (A) identify a total of not more than 12 projects for flood 
     risk management, hurricane and storm damage reduction, 
     including levees, floodwalls, flood control channels, water 
     control structures, and coastal harbor and channel and inland 
     harbor navigation, that have been authorized for construction 
     prior to the date of enactment of this Act that--
       (i)(I) have received Federal funds prior to the date of 
     enactment of this Act; or
       (II) for more than 2 consecutive fiscal years, have an 
     unobligated funding balance for that project in the Corps of 
     Engineers construction account; and
       (ii) to the maximum extent practicable, are located in each 
     of the divisions of the Corps of Engineers;
       (B) notify the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     identification of each project under the pilot program;
       (C) in collaboration with the non-Federal interest, develop 
     a detailed project management plan for each identified 
     project that outlines the scope, budget, design, and 
     construction resource requirements necessary for the non-
     Federal interest to execute the project, or a separable 
     element of the project;
       (D) on the request of the non-Federal interest, enter into 
     a project partnership agreement with the non-Federal interest 
     for the non-Federal interest to provide full project 
     management control for construction of the project, or a 
     separable element of the project, in accordance with plans 
     approved by the Secretary;
       (E) following execution of the project partnership 
     agreement, transfer to the non-Federal interest to carry out 
     construction of the project, or a separable element of the 
     project--
       (i) if applicable, the balance of the unobligated amounts 
     appropriated for the project, except that the Secretary shall 
     retain sufficient amounts for the Corps of Engineers to carry 
     out any responsibilities of the Corps of Engineers relating 
     to the project and pilot program; and
       (ii) additional amounts, as determined by the Secretary, 
     from amounts made available under subsection (h), except that 
     the total amount transferred to the non-Federal interest 
     shall not exceed the updated estimate of the Federal share of 
     the cost of construction, including any required design; and
       (F) regularly monitor and audit each project being 
     constructed by a non-Federal interest under this section to 
     ensure that the construction activities are carried out in 
     compliance with the plans approved by the Secretary and that 
     the construction costs are reasonable.
       (2) Detailed project schedule.--Not later than 180 days 
     after entering into an agreement under paragraph (1)(D), each 
     non-Federal interest, to the maximum extent practicable, 
     shall submit to the Secretary a detailed project schedule, 
     based on full funding capability, that lists all deadlines 
     for each milestone in the construction of the project.
       (3) Technical assistance.--On the request of a non-Federal 
     interest, the Secretary may provide technical assistance to 
     the non-Federal interest, if the non-Federal interest 
     contracts with the Secretary for the technical assistance and 
     compensates the Secretary for the technical assistance, 
     relating to--
       (A) any study, engineering activity, and design activity 
     for construction carried out by the non-Federal interest 
     under this section; and
       (B) expeditiously obtaining any permits necessary for the 
     project.
       (d) Cost-share.--Nothing in this section affects the cost-
     sharing requirement applicable on the day before the date of 
     enactment of this Act to a project carried out under this 
     section.
       (e) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report detailing the results of 
     the pilot program carried out under this section, including--
       (A) a description of the progress of non-Federal interests 
     in meeting milestones in detailed project schedules developed 
     pursuant to subsection (c)(2); and
       (B) any recommendations of the Secretary concerning whether 
     the program or any component of the program should be 
     implemented on a national basis.
       (2) Update.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives an update of the report described in 
     paragraph (1).
       (3) Failure to meet deadline.--If the Secretary fails to 
     submit a report by the required deadline under this 
     subsection, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation Infrastructure of the House of 
     Representatives a detailed explanation of why the deadline 
     was missed and a projected date for submission of the report.
       (f) Administration.--All laws and regulations that would 
     apply to the Secretary if the Secretary were carrying out the 
     project shall apply to a non-Federal interest carrying out a 
     project under this section.
       (g) Termination of Authority.--The authority to commence a 
     project under this section terminates on the date that is 5 
     years after the date of enactment of this Act.
       (h) Authorization of Appropriations.--In addition to any 
     amounts appropriated for a specific project, there is 
     authorized to be appropriated to the Secretary to carry out 
     the pilot program under this section, including the costs of 
     administration of the Secretary, $25,000,000 for each of 
     fiscal years 2014 through 2018.

     SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASIBILITY STUDIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate the cost-effectiveness 
     and project delivery efficiency of allowing non-Federal 
     interests to carry out feasibility studies for flood risk 
     management, hurricane and storm damage reduction, ecosystem 
     restoration, and coastal harbor and channel and inland harbor 
     navigation.
       (b) Purposes.--The purposes of the pilot program are--
       (1) to identify project delivery and cost-saving 
     alternatives to the existing feasibility study process;
       (2) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal interest 
     carrying out a feasibility study of 1 or more projects; and
       (3) to evaluate alternatives for the decentralization of 
     the project planning, management, and operational 
     decisionmaking process of the Corps of Engineers.
       (c) Administration.--
       (1) In general.--On the request of a non-Federal interest, 
     the Secretary may enter into an agreement with the non-
     Federal interest for the non-Federal interest to provide full 
     project management control of a feasibility study for a 
     project for--
       (A) flood risk management;
       (B) hurricane and storm damage reduction, including levees, 
     floodwalls, flood control channels, and water control 
     structures;
       (C) coastal harbor and channel and inland harbor 
     navigation; and
       (D) ecosystem restoration.
       (2) Use of non-federal-funds.--
       (A) In general.--A non-Federal interest that has entered 
     into an agreement with the Secretary pursuant to paragraph 
     (1) may use non-Federal funds to carry out the feasibility 
     study.

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       (B) Credit.--The Secretary shall credit towards the non-
     Federal share of the cost of construction of a project for 
     which a feasibility study is carried out under this section 
     an amount equal to the portion of the cost of developing the 
     study that would have been the responsibility of the 
     Secretary, if the study were carried out by the Secretary, 
     subject to the conditions that--
       (i) non-Federal funds were used to carry out the activities 
     that would have been the responsibility of the Secretary;
       (ii) the Secretary determines that the feasibility study 
     complies with all applicable Federal laws and regulations; 
     and
       (iii) the project is authorized by any provision of Federal 
     law enacted after the date on which an agreement is entered 
     into under paragraph (1).
       (3) Transfer of funds.--
       (A) In general.--After the date on which an agreement is 
     executed pursuant to paragraph (1), the Secretary may 
     transfer to the non-Federal interest to carry out the 
     feasibility study--
       (i) if applicable, the balance of any unobligated amounts 
     appropriated for the study, except that the Secretary shall 
     retain sufficient amounts for the Corps of Engineers to carry 
     out any responsibilities of the Corps of Engineers relating 
     to the project and pilot program; and
       (ii) additional amounts, as determined by the Secretary, 
     from amounts made available under subsection (h), except that 
     the total amount transferred to the non-Federal interest 
     shall not exceed the updated estimate of the Federal share of 
     the cost of the feasibility study.
       (B) Administration.--The Secretary shall include such 
     provisions as the Secretary determines to be necessary in an 
     agreement under paragraph (1) to ensure that a non-Federal 
     interest receiving Federal funds under this paragraph--
       (i) has the necessary qualifications to administer those 
     funds; and
       (ii) will comply with all applicable Federal laws 
     (including regulations) relating to the use of those funds.
       (4) Notification.--The Secretary shall notify the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the initiation of each feasibility 
     study under the pilot program.
       (5) Auditing.--The Secretary shall regularly monitor and 
     audit each feasibility study carried out by a non-Federal 
     interest under this section to ensure that the use of any 
     funds transferred under paragraph (3) are used in compliance 
     with the agreement signed under paragraph (1).
       (6) Technical assistance.--On the request of a non-Federal 
     interest, the Secretary may provide technical assistance to 
     the non-Federal interest relating to any aspect of the 
     feasibility study, if the non-Federal interest contracts with 
     the Secretary for the technical assistance and compensates 
     the Secretary for the technical assistance.
       (7) Detailed project schedule.--Not later than 180 days 
     after entering into an agreement under paragraph (1), each 
     non-Federal interest, to the maximum extent practicable, 
     shall submit to the Secretary a detailed project schedule, 
     based on full funding capability, that lists all deadlines 
     for milestones relating to the feasibility study.
       (d) Cost-share.--Nothing in this section affects the cost-
     sharing requirement applicable on the day before the date of 
     enactment of this Act to a feasibility study carried out 
     under this section.
       (e) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report detailing the results of 
     the pilot program carried out under this section, including--
       (A) a description of the progress of the non-Federal 
     interests in meeting milestones in detailed project schedules 
     developed pursuant to subsection (c)(7); and
       (B) any recommendations of the Secretary concerning whether 
     the program or any component of the program should be 
     implemented on a national basis.
       (2) Update.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives an update of the report described in 
     paragraph (1).
       (3) Failure to meet deadline.--If the Secretary fails to 
     submit a report by the required deadline under this 
     subsection, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation Infrastructure of the House of 
     Representatives a detailed explanation of why the deadline 
     was missed and a projected date for submission of the report.
       (f) Administration.--All laws and regulations that would 
     apply to the Secretary if the Secretary were carrying out the 
     feasibility study shall apply to a non-Federal interest 
     carrying out a feasibility study under this section.
       (g) Termination of Authority.--The authority to commence a 
     feasibility study under this section terminates on the date 
     that is 5 years after the date of enactment of this Act.
       (h) Authorization of Appropriations.--In addition to any 
     amounts appropriated for a specific project, there is 
     authorized to be appropriated to the Secretary to carry out 
     the pilot program under this section, including the costs of 
     administration of the Secretary, $25,000,000 for each of 
     fiscal years 2014 through 2018.

     SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.

       Section 203 of the Water Resources Development Act of 2000 
     (33 U.S.C. 2269) is amended--
       (1) in subsection (d)(1)(B)--
       (A) by striking ``The ability'' and inserting the 
     following:
       ``(i) In general.--The ability''; and
       (B) by adding at the end the following:
       ``(ii) Determination.--Not later than 180 days after the 
     date of enactment of the Water Resources Development Act of 
     2013, the Secretary shall issue guidance on the procedures 
     described in clause (i).''; and
       (2) in subsection (e), by striking ``2012'' and inserting 
     ``2023''.

     SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA RIVER BASIN 
                   INDIAN TRIBES.

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

     SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT CIVIL WORKS 
                   SHORELINE PROTECTION PROJECTS.

       (a) In General.--The Secretary may implement any response 
     action the Secretary determines to be necessary at a site 
     where--
       (1) the Secretary has carried out a project under civil 
     works authority of the Secretary that includes placing sand 
     on a beach;
       (2) as a result of the project described in paragraph (1), 
     military munitions that were originally released as a result 
     of Department of Defense activities are deposited on the 
     beach, posing a threat to human health or the environment.
       (b) Response Action Funding.--A response action described 
     in subsection (a) shall be funded from amounts made available 
     to the agency within the Department of Defense responsible 
     for the original release of the munitions.

     SEC. 2030. BEACH NOURISHMENT.

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

     ``SEC. 156. BEACH NOURISHMENT.

       ``(a) In General.--The Secretary of the Army, acting 
     through the Chief of Engineers, may provide periodic beach 
     nourishment for each water resources development project for 
     which that nourishment has been authorized for an additional 
     period of time, as determined by the Secretary, subject to 
     the condition that the additional period shall not exceed the 
     later of--
       ``(1) 50 years after the date on which the construction of 
     the project is initiated; or
       ``(2) the date on which the last estimated periodic 
     nourishment for the project is to be carried out, as 
     recommended in the applicable report of the Chief of 
     Engineers.
       ``(b) Extension.--Before the end of the 50-year period 
     referred to in subsection (a)(1), the Secretary of the Army, 
     acting through the Chief of Engineers--
       ``(1) may, at the request of the non-Federal interest and 
     subject to the availability of appropriations, carry out a 
     review of a nourishment project carried out under subsection 
     (a) to evaluate the feasibility of continuing Federal 
     participation in the project for a period not to exceed 15 
     years; and
       ``(2) shall submit to Congress any recommendations of the 
     Secretary relating to the review.''.

     SEC. 2031. REGIONAL SEDIMENT MANAGEMENT.

       Section 204 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2326) (as amended by section 2003(c)) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``or used in'' after 
     ``obtained through''; and
       (B) in paragraph (3)(C), by inserting ``for the purposes of 
     improving environmental conditions in marsh and littoral 
     systems, stabilizing stream channels, enhancing shorelines, 
     and supporting State and local risk management adaptation 
     strategies'' before the period at the end;
       (2) in subsection (c)(1)(B)--
       (A) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)'';
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) the following:
       ``(ii) Reduction in non-federal share.--The Secretary may 
     reduce the non-Federal share of the costs of construction of 
     a project if the Secretary determines that, through the 
     beneficial use of sediment at another Federal project, there 
     will be an associated reduction or avoidance of Federal 
     costs.'';
       (3) in subsection (d)--
       (A) by striking the subsection designation and heading and 
     inserting the following:
       ``(d) Selection of Dredged Material Disposal Method for 
     Purposes Related to Environmental Restoration or Storm Damage 
     and Flood Reduction.--''; 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
       (4) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) cooperate with any State or group of States in the 
     preparation of a comprehensive State or regional sediment 
     management plan within the boundaries of the State or among 
     States;''.

     SEC. 2032. STUDY ACCELERATION.

       (a) Findings.--Congress finds that--
       (1) delays in the completion of feasibility studies--

[[Page S3119]]

       (A) increase costs for the Federal Government as well as 
     State and local governments; and
       (B) delay the implementation of water resources projects 
     that provide critical benefits, including reducing flood 
     risk, maintaining commercially important flood risk, and 
     restoring vital ecosystems; and
       (2) the efforts undertaken by the Corps of Engineers 
     through the establishment of the ``3-3-3'' planning process 
     should be continued.
       (b) Acceleration of Studies.--
       (1) In general.--Subject to paragraphs (2) and (3), a 
     feasibility study initiated after the date of enactment of 
     this Act shall--
       (A) be completed not later than 3 years after the date of 
     initiation of the study; and
       (B) have a maximum Federal cost share of $3,000,000.
       (2) Ability to comply.--On initiating a feasibility study 
     under paragraph (1), the Secretary shall--
       (A) certify that the study will comply with the 
     requirements of paragraph (1);
       (B) for projects the Secretary determines to be too complex 
     to comply with the requirements of paragraph (1)--
       (i) not less than 30 days after making a determination, 
     notify the non-Federal interest regarding the inability to 
     comply; and
       (ii) provide a new projected timeline and cost; and
       (C) if the study conditions have changed such that 
     scheduled timelines or study costs will not be met--
       (i) not later than 30 days after the study conditions 
     change, notify the non-Federal interest of those changed 
     conditions; and
       (ii) present the non-Federal interest with a new timeline 
     for completion and new projected study costs.
       (3) Appropriations.--
       (A) In general.--All timeline and cost conditions under 
     this section shall be subject to the Secretary receiving 
     adequate appropriations for meeting study timeline and cost 
     requirements.
       (B) Notification.--Not later than 60 days after receiving 
     appropriations, the Secretary shall notify the non-Federal 
     interest of any changes to timelines or costs due to 
     inadequate appropriations.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act and each year thereafter, the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     describes--
       (1) the status of the implementation of the ``3-3-3'' 
     planning process, including the number of participating 
     projects;
       (2) the amount of time taken to complete all studies 
     participating in the ``3-3-3'' planning process; and
       (3) any recommendations for additional authority necessary 
     to support efforts to expedite the feasibility study process 
     for water resource projects.

     SEC. 2033. PROJECT ACCELERATION.

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

     ``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 water resources projects required 
     to be prepared pursuant to the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Environmental review process.--
       ``(A) In general.--The term `environmental review process' 
     means the process of preparing an environmental impact 
     statement, environmental assessment, categorical exclusion, 
     or other document under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for a water resources 
     project.
       ``(B) Inclusions.--The term `environmental review process' 
     includes the process for and completion of any environmental 
     permit, approval, review, or study required for a water 
     resources project under any Federal law other than the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(3) Lead agency.--The term `lead agency' means the Corps 
     of Engineers and, if applicable, any State, local, or tribal 
     governmental entity serving as a joint lead agency pursuant 
     to this section.
       ``(b) Policy.--The benefits of water resources projects are 
     important to the economy and environment of the United 
     States, and recommendations to Congress regarding those 
     projects should be accelerated by coordinated and efficient 
     review and cooperative efforts to prevent or quickly resolve 
     disputes during the development and implementation of those 
     water resources projects.
       ``(c) Applicability.--
       ``(1) In general.--The project development procedures under 
     this section apply to the development of projects initiated 
     after the date of enactment of the Water Resources 
     Development Act of 2013 and for which the Secretary 
     determines that--
       ``(A) an environmental impact statement is required; or
       ``(B) at the discretion of the Secretary, other water 
     resources projects for which an environmental review process 
     document is required to be prepared.
       ``(2) Flexibility.--Any authorities granted in this section 
     may be exercised, and any requirements established under this 
     section may be satisfied, for the development of a water 
     resources project, a class of those projects, or a program of 
     those projects.
       ``(3) List of water resources development projects.--
       ``(A) In general.--The Secretary shall annually prepare, 
     and make publicly available, a separate list of each study 
     that the Secretary has determined--
       ``(i) meets the standards described in paragraph (1); and
       ``(ii) does not have adequate funding to make substantial 
     progress toward the completion of the planning activities for 
     the water resources project.
       ``(B) Inclusions.--The Secretary shall include for each 
     study on the list under subparagraph (A) a description of the 
     estimated amounts necessary to make substantial progress on 
     the study.
       ``(4) Implementation guidance.--The Secretary shall 
     prepare, in consultation with the Council on Environmental 
     Quality and other Federal agencies with jurisdiction over 
     actions or resources that may be impacted by a water 
     resources project, guidance documents that describe the 
     processes that the Secretary will use to implement this 
     section, in accordance with the civil works program of the 
     Corps of Engineers and all applicable law.
       ``(d) Water Resources Project Review Process.--The 
     Secretary shall develop and implement a coordinated review 
     process for the development of water resources projects.
       ``(e) Identification of Jurisdictional Agencies.--With 
     respect to the development of each water resources project, 
     the Secretary shall identify, as soon as practicable, all 
     Federal, State, and local government agencies and Indian 
     tribes that may--
       ``(1) have jurisdiction over the project;
       ``(2) be required by law to conduct or issue a review, 
     analysis, or opinion for the project; or
       ``(3) be required to make a determination on issuing a 
     permit, license, or approval for the project.
       ``(f) State Authority.--If the coordinated review process 
     is being implemented under this section by the Secretary with 
     respect to the development of a water resources project 
     described in subsection (c) within the boundaries of a State, 
     the State, consistent with State law, may choose to 
     participate in the process and to make subject to the process 
     all State agencies that--
       ``(1) have jurisdiction over the project;
       ``(2) are required to conduct or issue a review, analysis, 
     or opinion for the project; or
       ``(3) are required to make a determination on issuing a 
     permit, license, or approval for the project.
       ``(g) Lead Agencies.--
       ``(1) Federal lead agency.--Subject to paragraph (2), the 
     Corps of Engineers shall be the lead Federal agency in the 
     environmental review process for a water resources project.
       ``(2) Joint lead agencies.--
       ``(A) In general.--At the discretion of the Secretary and 
     subject to any applicable regulations under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an 
     agency other than the Corps of Engineers may serve as the 
     joint lead agency.
       ``(B) Non-federal interest as joint lead agency.--A non-
     Federal interest that is a State or local governmental 
     entity--
       ``(i) may serve as a joint lead agency with the Corps of 
     Engineers for purposes of preparing any environmental 
     document under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       ``(ii) may prepare any environmental review process 
     document required in support of any action or approval by the 
     Secretary if--

       ``(I) the Corps of Engineers provides guidance in the 
     preparation process and independently evaluates that 
     document; and
       ``(II) the Secretary approves and adopts the document 
     before the Secretary takes any subsequent action or makes any 
     approval based on that document, regardless of whether the 
     action or approval of the Secretary results in Federal 
     funding.

       ``(3) Duties.--The Secretary shall ensure that--
       ``(A) the non-Federal interest complies with all design and 
     mitigation commitments made jointly by the Secretary and the 
     non-Federal interest in any environmental document prepared 
     by the non-Federal interest in accordance with this 
     subsection; and
       ``(B) any environmental document prepared by the non-
     Federal interest is appropriately supplemented if changes to 
     the water resources project become necessary.
       ``(4) Adoption and use of documents.--Any environmental 
     document prepared in accordance with this subsection may be 
     adopted or used by any Federal agency making any approval to 
     the same extent that the Federal agency could adopt or use a 
     document prepared by another Federal agency.
       ``(5) Roles and responsibility of lead agency.--With 
     respect to the environmental review process for any water 
     resources project, the lead agency shall have authority and 
     responsibility--
       ``(A) to take such actions as are necessary and proper and 
     within the authority and responsibility of the lead agency to 
     facilitate the expeditious resolution of the environmental 
     review process for the water resources project; and
       ``(B) to prepare or ensure that any required environmental 
     impact statement or other environmental review document for a 
     water resources project required to be completed under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is completed in accordance with this section and 
     applicable Federal law.
       ``(h) Participating Agencies.--
       ``(1) Invitation.--
       ``(A) In general.--The lead agency shall identify, as early 
     as practicable in the environmental review process for a 
     water resources project, any other Federal or non-Federal 
     agencies that may have an interest in that project and invite 
     those agencies to become participating agencies in the 
     environmental review process for the water resources project.

[[Page S3120]]

       ``(B) Deadline.--An invitation to participate issued under 
     subparagraph (A) shall set a deadline by which a response to 
     the invitation shall be submitted, which may be extended by 
     the lead agency for good cause.
       ``(2) Federal participating agencies.--Any Federal agency 
     that is invited by the lead agency to participate in the 
     environmental review process for a water resources project 
     shall be designated as a participating agency by the lead 
     agency unless the invited agency informs the lead agency, in 
     writing, by the deadline specified in the invitation that the 
     invited agency--
       ``(A) has no jurisdiction or authority with respect to the 
     water resources project;
       ``(B) has no expertise or information relevant to the water 
     resources project;
       ``(C) does not intend to submit comments on the water 
     resources project; and
       ``(D) does not have adequate funds to participate in the 
     water resources project.
       ``(3) Effect of designation.--Designation as a 
     participating agency under this subsection shall not imply 
     that the participating agency--
       ``(A) supports a proposed water resources project; or
       ``(B) has any jurisdiction over, or special expertise with 
     respect to evaluation of, the water resources project.
       ``(4) Concurrent reviews.--Each participating agency 
     shall--
       ``(A) carry out the obligations of that agency under other 
     applicable law concurrently and in conjunction with the 
     required environmental review process, unless doing so would 
     impair the ability of the Federal agency to conduct needed 
     analysis or otherwise carry out those obligations; and
       ``(B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       ``(i) Programmatic Compliance.--
       ``(1) In general.--The Secretary shall issue guidance to 
     allow for the use of programmatic approaches to carry out the 
     environmental review process that--
       ``(A) eliminates repetitive discussions of the same issues;
       ``(B) focuses on the actual issues ripe for analyses at 
     each level of review;
       ``(C) establishes a formal process for coordinating with 
     participating agencies, including the creation of a list of 
     all data that is needed to carry out an environmental review 
     process; and
       ``(D) is consistent with--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(ii) other applicable laws.
       ``(2) Requirements.--In carrying out paragraph (1), the 
     Secretary shall--
       ``(A) as the first step in drafting guidance under that 
     paragraph, consult with relevant Federal and State agencies, 
     Indian tribes, and the public on the appropriate use and 
     scope of the programmatic approaches;
       ``(B) emphasize the importance of collaboration among 
     relevant Federal agencies, State agencies, and Indian tribes 
     in undertaking programmatic reviews, especially with respect 
     to including reviews with a broad geographical scope;
       ``(C) ensure that the programmatic reviews--
       ``(i) promote transparency, including of the analyses and 
     data used in the environmental review process, the treatment 
     of any deferred issues raised by Federal, State, or tribal 
     agencies, or the public, and the temporal and special scales 
     to be used to analyze those issues;
       ``(ii) use accurate and timely information in the 
     environmental review process, including--

       ``(I) criteria for determining the general duration of the 
     usefulness of the review; and
       ``(II) the timeline for updating any out-of-date review;

       ``(iii) describe--

       ``(I) the relationship between programmatic analysis and 
     future tiered analysis; and
       ``(II) the role of the public in the creation of future 
     tiered analysis; and

       ``(iv) are available to other relevant Federal and State 
     agencies, Indian tribes, and the public;
       ``(D) allow not fewer than 60 days of public notice and 
     comment on any proposed guidance; and
       ``(E) address any comments received under subparagraph (D).
       ``(j) Coordinated Reviews.--
       ``(1) Coordination plan.--
       ``(A) Establishment.--
       ``(i) In general.--The lead agency shall establish a plan 
     for coordinating public and agency participation in, and 
     comment on, the environmental review process for a water 
     resources project or a category of water resources projects.
       ``(ii) Incorporation.--The plan established under clause 
     (i) shall be incorporated into the project schedule 
     milestones set under section 905(g)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2282(g)(2)).
       ``(2) Comment deadlines.--The lead agency shall establish 
     the following deadlines for comment during the environmental 
     review process for a project:
       ``(A) Draft environmental impact statements.--For comments 
     by Federal and States agencies and the public on a draft 
     environmental impact statement, a period of not more than 60 
     days after publication in the Federal Register of notice of 
     the date of public availability of the draft environmental 
     impact statement, unless--
       ``(i) a different deadline is established by agreement of 
     the lead agency, the non-Federal interest, as applicable, and 
     all participating agencies; or
       ``(ii) the deadline is extended by the lead agency for good 
     cause.
       ``(B) Other environmental review processes.--For all 
     comment periods established by the lead agency for agency or 
     public comments in the environmental review process other 
     than for a draft environmental impact statement, a period of 
     not more than 30 days after the date on which the materials 
     on which comment is requested are made available, unless--
       ``(i) a different deadline is established by agreement of 
     the lead agency, the non-Federal interest, and all 
     participating agencies; or
       ``(ii) the deadline is extended by the lead agency for good 
     cause.
       ``(3) Deadlines for decisions under other laws.--In any 
     case in which a decision under any Federal law relating to a 
     project, including the issuance or denial of a permit or 
     license, is required to be made by the date described in 
     subsection (k)(6)(B)(ii), the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives--
       ``(A) as soon as practicable after the 180-day period, an 
     initial notice of the failure of the Federal agency to make 
     the decision; and
       ``(B) every 60 days thereafter until such date as all 
     decisions of the Federal agency relating to the project have 
     been made by the Federal agency, an additional notice that 
     describes the number of decisions of the Federal agency that 
     remain outstanding as of the date of the additional notice.
       ``(4) Involvement of the public.--Nothing in this 
     subsection shall reduce any time period provided for public 
     comment in the environmental review process under existing 
     Federal law (including regulations).
       ``(k) Issue Identification and Resolution.--
       ``(1) Cooperation.--The lead agency and the participating 
     agencies shall work cooperatively in accordance with this 
     section to identify and resolve issues that could delay 
     completion of the environmental review process or result in 
     the denial of any approval required for the project under 
     applicable laws.
       ``(2) Lead agency responsibilities.--
       ``(A) In general.--The lead agency shall make information 
     available to the participating agencies as early as 
     practicable in the environmental review process regarding the 
     environmental and socioeconomic resources located within the 
     project area and the general locations of the alternatives 
     under consideration.
       ``(B) Data sources.--The information under subparagraph (A) 
     may be based on existing data sources, including geographic 
     information systems mapping.
       ``(3) Participating agency responsibilities.--Based on 
     information received from the lead agency, participating 
     agencies shall identify, as early as practicable, any issues 
     of concern regarding the potential environmental or 
     socioeconomic impacts of the project, including any issues 
     that could substantially delay or prevent an agency from 
     granting a permit or other approval that is needed for the 
     project.
       ``(4) Interim decision on achieving accelerated 
     decisionmaking.--
       ``(A) In general.--Not later than 30 days after the close 
     of the public comment period on a draft environmental impact 
     statement, the Secretary may convene a meeting with the non-
     Federal interest or joint lead agency, as applicable, 
     relevant resource agencies, and relevant Federal and State 
     agencies to establish a schedule of deadlines to complete 
     decisions regarding the project.
       ``(B) Deadlines.--
       ``(i) In general.--The deadlines referred to in 
     subparagraph (A) shall be those established by the Secretary, 
     in consultation with the non-Federal interest or joint lead 
     agency, as applicable, and other relevant Federal and State 
     agencies.
       ``(ii) Factors for consideration.--In establishing a 
     schedule, the Secretary shall consider factors such as--

       ``(I) the responsibilities of participating agencies under 
     applicable laws;
       ``(II) the resources available to the non-Federal interest, 
     joint lead agency, and other relevant Federal and State 
     agencies, as applicable;
       ``(III) the overall size and complexity of the project;
       ``(IV) the overall schedule for and cost of the project; 
     and
       ``(V) the sensitivity of the natural and historical 
     resources that could be affected by the project.

       ``(iii) Modifications.--The Secretary may--

       ``(I) lengthen a schedule under clause (i) for good cause; 
     and
       ``(II) shorten a schedule only with concurrence of the 
     affected non-Federal interest, joint lead agency, or relevant 
     Federal and State agencies, as applicable.

       ``(C) Failure to meet deadline.--If the agencies described 
     in subparagraph (A) cannot provide reasonable assurances that 
     the deadlines described in subparagraph (B) will be met, the 
     Secretary may initiate the issue resolution and referral 
     process described under paragraph (5) before the completion 
     of the record of decision.
       ``(5) Accelerated issue resolution and referral.--
       ``(A) Agency issue resolution meeting.--
       ``(i) In general.--A participating agency or non-Federal 
     interest may request an issue resolution meeting to be 
     conducted by the Secretary.
       ``(ii) Action by secretary.--The Secretary shall convene an 
     issue resolution meeting under clause (i) with the relevant 
     participating agencies and the non-Federal interest, as 
     applicable, to resolve issues that could--

       ``(I) delay completion of the environmental review process; 
     or
       ``(II) result in denial of any approvals required for the 
     project under applicable laws.

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

[[Page S3121]]

       ``(iv) Notification.--On receipt of a request for a meeting 
     under this subparagraph, the Secretary shall notify all 
     relevant participating agencies of the request, including the 
     issue to be resolved and the date for the meeting.
       ``(v) Disputes.--If a relevant participating agency with 
     jurisdiction over an approval required for a project under 
     applicable law determines that the relevant information 
     necessary to resolve the issue has not been obtained and 
     could not have been obtained within a reasonable time, but 
     the Secretary disagrees, the resolution of the dispute shall 
     be forwarded to the heads of the relevant agencies for 
     resolution.
       ``(vi) Convention by lead agency.--The Secretary may 
     convene an issue resolution meeting under this subsection at 
     any time, at the discretion of the Secretary, regardless of 
     whether a meeting is requested under clause (i).
       ``(vii) Exception.--

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

       ``(aa) certifies that--
       ``(bb) establishes a new deadline for completion of the 
     review.

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

       ``(B) Elevation of issue resolution.--
       ``(i) In general.--If issue resolution is not achieved by 
     not later than 30 days after the date on which a relevant 
     meeting is held under subparagraph (A), the Secretary shall 
     notify the heads of the relevant participating agencies and 
     the non-Federal interest that an issue resolution meeting 
     will be convened.
       ``(ii) Requirements.--The Secretary shall identify the 
     issues to be addressed at the meeting and convene the meeting 
     not later than 30 days after the date on which the notice is 
     issued.
       ``(C) Referral of issue resolution.--
       ``(i) Referral to council on environmental quality.--

       ``(I) In general.--If a resolution is not achieved by not 
     later than 30 days after the date on which an issue 
     resolution meeting is held under subparagraph (B), the 
     Secretary shall refer the matter to the Council on 
     Environmental Quality.
       ``(II) Meeting.--Not later than 30 days after the date on 
     which the Council on Environmental Quality receives a 
     referral from the Secretary under subclause (I), the Council 
     on Environmental Quality shall hold an issue resolution 
     meeting with the lead agency, the heads of relevant 
     participating agencies and the non-Federal interest.

       ``(ii) Referral to the president.--If a resolution of the 
     issue is not achieved by not later than 30 days after the 
     date on which an issue resolution meeting is convened by the 
     Council on Environmental Quality under clause (i)(II), the 
     Secretary shall refer the matter directly to the President.
       ``(6) Financial penalty provisions.--
       ``(A) In general.--A Federal agency with jurisdiction over 
     an approval required for a project under applicable Federal 
     laws (including regulations) shall complete any required 
     approval on an expeditious basis using the shortest existing 
     applicable process.
       ``(B) Failure to decide.--
       ``(i) In general.--If an agency described in subparagraph 
     (A) fails to render a decision under any Federal law relating 
     to a project that requires the preparation of an 
     environmental impact statement or environmental assessment, 
     including the issuance or denial of a permit, license, or 
     other approval by the date described in clause (ii), an 
     amount of funding equal to the amounts specified in subclause 
     (I) or (II) shall be transferred from the applicable office 
     of the head of the agency, or equivalent office to which the 
     authority for rendering the decision has been delegated by 
     law to the agency or division charged with rendering a 
     decision regarding the application by not later than 1 day 
     after the applicable date under clause (ii), and once each 
     week thereafter until a final decision is rendered, subject 
     to subparagraph (C)--

       ``(I) $20,000 for any project requiring the preparation of 
     an environmental assessment or environmental impact 
     statement; or
       ``(II) $10,000 for any project requiring any type of review 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) other than an environmental assessment 
     or environmental impact statement.

       ``(ii) Description of date.--The date referred to in clause 
     (i) is the later of--

       ``(I) the date that is 180 days after the date on which an 
     application for the permit, license, or approval is complete; 
     and
       ``(II) the date that is 180 days after the date on which 
     the Federal lead agency issues a decision on the project 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

       ``(C) Limitations.--
       ``(i) In general.--No transfer of funds under subparagraph 
     (B) relating to an individual project shall exceed, in any 
     fiscal year, an amount equal to 1 percent of the funds made 
     available for the applicable agency office.
       ``(ii) Failure to decide.--The total amount transferred in 
     a fiscal year as a result of a failure by an agency to make a 
     decision by an applicable deadline shall not exceed an amount 
     equal to 5 percent of the funds made available for the 
     applicable agency office for that fiscal year.
       ``(D) No fault of agency.--A transfer of funds under this 
     paragraph shall not be made if--
       ``(i) the applicable agency described in subparagraph (A) 
     certifies that--

       ``(I) the agency has not received necessary information or 
     approvals from another entity in a manner that affects the 
     ability of the agency to meet any requirements under Federal, 
     State, or local law; or
       ``(II) significant new information or circumstances, 
     including a major modification to an aspect of the project, 
     requires additional analysis for the agency to make a 
     decision on the project application; or
       ``(III) the agency lacks the financial resources to 
     complete the review under the scheduled timeframe, including 
     a description of the number of full-time employees required 
     to complete the review, the amount of funding required to 
     complete the review, and a justification as to why there is 
     not enough funding available to complete the review by the 
     deadline; and

       ``(ii) if the applicable agency makes a certification under 
     clause (i)(III), the Inspector General of the applicable 
     agency shall conduct a financial audit to review that 
     certification and submit a report on that certification 
     within 90 days to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       ``(E) Limitation.--The Federal agency from which funds are 
     transferred pursuant to this paragraph shall not reprogram 
     funds to the office of the head of the agency, or equivalent 
     office, to reimburse that office for the loss of the funds.
       ``(F) Audits.--In any fiscal year in which any funds are 
     transferred from a Federal agency pursuant to this paragraph, 
     the Inspector General of that agency shall--
       ``(i) conduct an audit to assess compliance with the 
     requirements of this paragraph; and
       ``(ii) not later than 120 days after the end of the fiscal 
     year in which the transfer occurred, submit to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report describing the reasons why the 
     transfers were levied, including allocations of resources.
       ``(G) Effect of paragraph.--Nothing in this paragraph 
     affects or limits the application of, or obligation to comply 
     with, any Federal, State, local, or tribal law.
       ``(l) Performance Measurement.--The Secretary shall 
     establish a program to measure and report on progress made 
     toward improving and expediting the planning and 
     environmental review process.
       ``(m) Memorandum of Agreements for Early Coordination.--
       ``(1) Sense of congress.--It is the sense of Congress 
     that--
       ``(A) the Secretary and other Federal agencies with 
     relevant jurisdiction in the environmental review process 
     should cooperate with each other, State agencies, and Indian 
     tribes on environmental review and water resources project 
     delivery activities at the earliest practicable time to avoid 
     delays and duplication of effort later in the process, 
     prevent potential conflicts, and ensure that planning and 
     water resources project development decisions reflect 
     environmental values; and
       ``(B) the cooperation referred to in subparagraph (A) 
     should include the development of policies and the 
     designation of staff that advise planning agencies and non-
     Federal interests of studies or other information foreseeably 
     required for later Federal action and early consultation with 
     appropriate State and local agencies and Indian tribes.
       ``(2) Technical assistance.--If requested at any time by a 
     State or non-Federal interest, the Secretary and other 
     Federal agencies with relevant jurisdiction in the 
     environmental review process, shall, to the maximum extent 
     practicable and appropriate, as determined by the agencies, 
     provide technical assistance to the State or non-Federal 
     interest in carrying out early coordination activities.
       ``(3) Memorandum of agency agreement.--If requested at any 
     time by a State or non-Federal interest, the lead agency, in 
     consultation with other Federal agencies with relevant 
     jurisdiction in the environmental review process, may 
     establish memoranda of agreement with the non-Federal 
     interest, State and local governments, and other appropriate 
     entities to carry out the early coordination activities, 
     including providing technical assistance in identifying 
     potential impacts and mitigation issues in an integrated 
     fashion.
       ``(n) Limitations.--Nothing in this section preempts, 
     supersedes, amends, modifies, or interferes with--
       ``(1) any statutory requirement for seeking public comment;
       ``(2) any power, jurisdiction, or authority that a Federal, 
     State, or local government agency, Indian tribe, or non-
     Federal interest has with respect to carrying out a water 
     resources project;
       ``(3) any obligation to comply with the provisions of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the regulations issued by the Council on 
     Environmental Quality to carry out that Act or any other 
     Federal environmental law;
       ``(4) the reviewability of any final Federal agency action 
     in a court of the United States or in the court of any State;
       ``(5) any practice of seeking, considering, or responding 
     to public comment; or
       ``(6) any power, jurisdiction, responsibility, or authority 
     that a Federal, State, or local governmental agency, Indian 
     tribe, or non-Federal interest has with respect to carrying 
     out a water resources project or any other provision of law 
     applicable to water resources development projects.
       ``(o) Categorical Exclusions.--

[[Page S3122]]

       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall--
       ``(A) survey the use by the Corps of Engineers of 
     categorical exclusions in water resources projects since 
     2005;
       ``(B) publish a review of the survey that includes a 
     description of--
       ``(i) the types of actions categorically excluded; and
       ``(ii) any requests previously received by the Secretary 
     for new categorical exclusions; and
       ``(C) solicit requests from other Federal agencies and non-
     Federal interests for new categorical exclusions.
       ``(2) New categorical exclusions.--Not later than 1 year 
     after the date of enactment of this subsection, if the 
     Secretary has identified a categorical exclusion that did not 
     exist on the day before the date of enactment of this 
     subsection based on the review under paragraph (1), the 
     Secretary shall publish a notice of proposed rulemaking to 
     propose that new categorical exclusion, to the extent that 
     the categorical exclusion meets the criteria for a 
     categorical exclusion under section 1508.4 of title 40, Code 
     of Federal Regulations (or successor regulation).
       ``(p) Review of Water Resources Project Acceleration 
     Reforms.--
       ``(1) In general.--The Comptroller General of the United 
     States shall--
       ``(A) assess the reforms carried out under this section; 
     and
       ``(B) not later than 5 years after the date of enactment of 
     this subsection, submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that describes the results of the assessment.
       ``(2) Inspector general report.--The Inspector General of 
     the Corps of Engineers shall--
       ``(A) assess the reforms carried out under this section; 
     and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate--
       ``(i) not later than 2 years after the date of enactment of 
     this subsection, an initial report of the findings of the 
     Inspector General; and
       ``(ii) not later than 4 years after the date of enactment 
     of this subsection, a final report of the findings.''.

     SEC. 2034. FEASIBILITY STUDIES.

       Section 905 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2282) is amended by adding at the end the 
     following:
       ``(g) Detailed Project Schedule.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     determine a set of milestones needed for the completion of a 
     feasibility study under this subsection, including all major 
     actions, report submissions and responses, reviews, and 
     comment periods.
       ``(2) Detailed project schedule milestones.--Each District 
     Engineer shall, to the maximum extent practicable, establish 
     a detailed project schedule, based on full funding 
     capability, that lists all deadlines for milestones relating 
     to feasibility studies in the District developed by the 
     Secretary under paragraph (1).
       ``(3) Non-federal interest notification.--Each District 
     Engineer shall submit by certified mail the detailed project 
     schedule under paragraph (2) to each relevant non-Federal 
     interest--
       ``(A) for projects that have received funding from the 
     General Investigations Account of the Corps of Engineers in 
     the period beginning on October 1, 2009, and ending on the 
     date of enactment of this section, not later than 180 days 
     after the establishment of milestones under paragraph (1); 
     and
       ``(B) for projects for which a feasibility cost-sharing 
     agreement is executed after the establishment of milestones 
     under paragraph (1), not later than 90 days after the date on 
     which the agreement is executed.
       ``(4) Congressional and public notification.--Beginning in 
     the first full fiscal year after the date of enactment of 
     this Act, the Secretary shall--
       ``(A) submit an annual report that lists all detailed 
     project schedules under paragraph (2) and an explanation of 
     any missed deadlines to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives; and
       ``(B) make publicly available, including on the Internet, a 
     copy of the annual report described in subparagraph (A) not 
     later than 14 days after date on which a report is submitted 
     to Congress.
       ``(5) Failure to act.--If a District Engineer fails to meet 
     any of the deadlines in the project schedule under paragraph 
     (2), the District Engineer shall--
       ``(A) not later than 30 days after each missed deadline, 
     submit to the non-Federal interest a report detailing--
       ``(i) why the District Engineer failed to meet the 
     deadline; and
       ``(ii) a revised project schedule reflecting amended 
     deadlines for the feasibility study; and
       ``(B) not later than 30 days after each missed deadline, 
     make publicly available, including on the Internet, a copy of 
     the amended project schedule described in subparagraph 
     (A)(ii).''.

     SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES.

       (a) In General.--On the request of a non-Federal interest, 
     the Secretary shall provide to the non-Federal interest a 
     detailed accounting of the Federal expenses associated with a 
     water resources project.
       (b) Study.--
       (1) In general.--The Secretary shall contract with the 
     National Academy of Public Administration to carry out a 
     study on the efficiency of the Corps Engineers current staff 
     salaries and administrative expense procedures as compared to 
     using a separate administrative expense account.
       (2) Contents.--The study under paragraph (1) shall include 
     any recommendations of the National Academy of Public 
     Administration for improvements to the budgeting and 
     administrative processes that will increase the efficiency of 
     the Corps of Engineers project delivery.

     SEC. 2036. DETERMINATION OF PROJECT COMPLETION.

       (a) In General.--The Secretary shall transfer to the non-
     Federal interest the responsibility for the operation and 
     maintenance of any water resources project for which 
     operation and maintenance is required of the non-Federal 
     interest or separable element or functional portion of that 
     water resources project on such date that the Secretary 
     determines that the project is complete.
       (b) Non-Federal Interest Appeal of Determination.--
       (1) In general.--Not later than 7 days after receiving a 
     notification under subparagraph (a), the non-Federal interest 
     may appeal the completion determination of the Secretary in 
     writing.
       (2) Independent review.--
       (A) In general.--On notification that a non-Federal 
     interest has submitted an appeal under paragraph (1), the 
     Secretary shall contract with 1 or more independent, non-
     Federal experts to determine whether the applicable water 
     resources project or separable element or functional portion 
     of the water resources project is complete.
       (B) Timeline.--An independent review carried out under 
     subparagraph (A) shall be completed not later than 180 days 
     after the date on which the Secretary receives an appeal from 
     a non-Federal interest under paragraph (1).

     SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS.

       (a) In General.--The Secretary shall contract with the 
     National Academy of Public Administration to carry out a 
     comprehensive review of the process for preparing, 
     negotiating, and approving Project Partnership Agreements and 
     the Project Partnership Agreement template, which shall 
     include--
       (1) a review of the process for preparing, negotiating, and 
     approving Project Partnership Agreements, as in effect on the 
     day before the date of enactment of this Act;
       (2) an evaluation of how the concerns of a non-Federal 
     interest relating to the Project Partnership Agreement and 
     suggestions for modifications to the Project Partnership 
     Agreement made by a non-Federal interest are accommodated;
       (3) recommendations for how the concerns and modifications 
     described in paragraph (2) can be better accommodated;
       (4) recommendations for how the Project Partnership 
     Agreement template can be made more efficient; and
       (5) recommendations for how to make the process for 
     preparing, negotiating, and approving Project Partnership 
     Agreements more efficient.
       (b) Report.--The Secretary shall submit a report describing 
     the findings of the National Academy of Public Administration 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

       Section 234 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2323a) is amended--
       (1) in subsection (a), by striking ``other Federal 
     agencies,'' and inserting ``Federal departments or agencies, 
     nongovernmental organizations,'';
       (2) in subsection (b), by inserting ``or foreign 
     governments'' after ``organizations'';
       (3) in subsection (c), by inserting ``and restoration'' 
     after ``protection''; and
       (4) in subsection (d)--
       (A) in the first sentence--
       (i) by striking ``There is'' and inserting ``(1) In 
     general.--There is''; and
       (ii) by striking ``2008'' and inserting ``2014''; and
       (B) in the second sentence--
       (i) by striking ``The Secretary'' and inserting ``(2) 
     Acceptance of funds.--The Secretary''; and
       (ii) by striking ``other Federal agencies'' and inserting 
     ``Federal departments or agencies, nongovernmental 
     organizations''.

     SEC. 2039. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK 
                   OPERATIONS.

       (a) In General.--The Secretary, after providing public 
     notice, shall establish a pilot program for the acceptance 
     and expenditure of funds contributed by non-Federal interests 
     to increase the hours of operation of locks at water 
     resources development projects.
       (b) Applicability.--The establishment of the pilot program 
     under this section shall not affect the periodic review and 
     adjustment of hours of operation of locks based on increases 
     in commercial traffic carried out by the Secretary.
       (c) Public Comment.--Not later than 180 days before a 
     proposed modification to the operation of a lock at a water 
     resources development project will be carried out, the 
     Secretary shall--
       (1) publish the proposed modification in the Federal 
     Register; and
       (2) accept public comment on the proposed modification.
       (d) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that evaluates the cost-
     savings resulting from reduced lock hours and any economic 
     impacts of modifying lock operations.

[[Page S3123]]

       (2) Review of pilot program.--Not later than September 30, 
     2017 and each year thereafter, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that describes the 
     effectiveness of the pilot program under this section.
       (e) Annual Review.--The Secretary shall carry out an annual 
     review of the commercial use of locks and make any necessary 
     adjustments to lock operations based on that review.
       (f) Termination.--The authority to accept funds under this 
     section shall terminate 5 years after the date of enactment 
     of this Act.

     SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISASTERS.

       (a) In General.--Section 5(a)(1) of the Act entitled ``An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved August 18, 1941 (33 U.S.C. 701n(a)(1)), 
     is amended in the first sentence 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''.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report detailing the amounts expended in 
     the previous 5 fiscal years to carry out Corps of Engineers 
     projects under section 5 of the Act entitled ``An Act 
     authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved August 18, 1941 (33 U.S.C. 701n).
       (2) Inclusions.--A report under paragraph (1) shall, at a 
     minimum, include a description of--
       (A) each project for which amounts are expended, including 
     the type of project and cost of the project; and
       (B) how the Secretary has restored or intends to restore 
     the project to the design level of protection for the 
     project.

     SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS.

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

     SEC. 2042. FUNDING TO PROCESS PERMITS.

       Section 214 of the Water Resources Development Act of 2000 
     (Public Law 106-541; 33 U.S.C. 2201 note) is amended by 
     striking subsections (d) and (e) and inserting the following:
       ``(d) Public Availability.--
       ``(1) In general.--The Secretary shall ensure that all 
     final permit decisions carried out using funds authorized 
     under this section are made available to the public in a 
     common format, including on the Internet, and in a manner 
     that distinguishes final permit decisions under this section 
     from other final actions of the Secretary.
       ``(2) Decision document.--The Secretary shall--
       ``(A) use a standard decision document for evaluating all 
     permits using funds accepted under this section; and
       ``(B) make the standard decision document, along with all 
     final permit decisions, available to the public, including on 
     the Internet.
       ``(3) Agreements.--The Secretary shall make all active 
     agreements to accept funds under this section available on a 
     single public Internet site.
       ``(e) Reporting.--
       ``(1) In general.--The Secretary shall prepare an annual 
     report on the implementation of this section, which, at a 
     minimum, shall include for each district of the Corps of 
     Engineers that accepts funds under this section--
       ``(A) a comprehensive list of any funds accepted under this 
     section during the previous fiscal year;
       ``(B) a comprehensive list of the permits reviewed and 
     approved using funds accepted under this section during the 
     previous fiscal year, including a description of the size and 
     type of resources impacted and the mitigation required for 
     each permit; and
       ``(C) a description of the training offered in the previous 
     fiscal year for employees that is funded in whole or in part 
     with funds accepted under this section.
       ``(2) Submission.--Not later than 90 days after the end of 
     each fiscal year, the Secretary shall--
       ``(A) submit to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives the annual 
     report described in paragraph (1); and
       ``(B) make each report received under subparagraph (A) 
     available on a single publicly accessible Internet site.''.

     SEC. 2043. NATIONAL RIVERBANK STABILIZATION AND EROSION 
                   PREVENTION STUDY AND PILOT PROGRAM.

       (a) Definition of Inland and Intracoastal Waterway.--In 
     this section, the term ``inland and intracoastal waterway'' 
     means the inland and intracoastal waterways of the United 
     States described in section 206 of the Inland Waterways 
     Revenue Act of 1978 (33 U.S.C. 1804).
       (b) Pilot Program.--The Secretary--
       (1) is authorized to study issues relating to riverbank 
     stabilization and erosion prevention along inland and 
     intracoastal waterways; and
       (2) shall establish and carry out for a period of 5 fiscal 
     years a national riverbank stabilization and erosion 
     prevention pilot program to address riverbank erosion along 
     inland and intracoastal waterways.
       (c) Study.--
       (1) In general.--The Secretary, in consultation with 
     appropriate Federal, State, local, and nongovernmental 
     entities, shall carry out a study of the options and 
     technologies available to prevent the erosion and degradation 
     of riverbanks along inland and intracoastal waterways.
       (2) Contents.--The study shall--
       (A) evaluate the nature and extent of the damages resulting 
     from riverbank erosion along inland and intracoastal 
     waterways throughout the United States;
       (B) identify specific inland and intracoastal waterways and 
     affected wetland areas with the most urgent need for 
     restoration;
       (C) analyze any legal requirements with regard to 
     maintenance of bank lines of inland and intracoastal 
     waterways, including a comparison of Federal, State, and 
     private obligations and practices;
       (D) assess and compare policies and management practices to 
     protect surface areas adjacent to inland and intracoastal 
     waterways applied by various Districts of the Corps of 
     Engineers; and
       (E) make any recommendations the Secretary determines to be 
     appropriate.
       (d) Riverbank Stabilization and Erosion Prevention Pilot 
     Program.--
       (1) In general.--The Secretary shall develop a pilot 
     program for the construction of riverbank stabilization and 
     erosion prevention projects on public land along inland and 
     intracoastal waterways if the Secretary determines that the 
     projects are feasible and lower maintenance costs of those 
     inland and intracoastal waterways.
       (2) Pilot program goals.--A project under the pilot program 
     shall, to the maximum extent practicable--
       (A) develop or demonstrate innovative technologies;
       (B) implement efficient designs to prevent erosion at a 
     riverbank site, taking into account the lifecycle cost of the 
     design, including cleanup, maintenance, and amortization;
       (C) prioritize natural designs, including the use of native 
     and naturalized vegetation or temporary structures that 
     minimize permanent structural alterations to the riverbank;
       (D) avoid negative impacts to adjacent communities;
       (E) identify the potential for long-term protection 
     afforded by the innovative technology; and
       (F) provide additional benefits, including reduction of 
     flood risk.
       (3) Project selections.--The Secretary shall develop 
     criteria for the selection of projects under the pilot 
     program, including criteria based on--
       (A) the extent of damage and land loss resulting from 
     riverbank erosion;
       (B) the rate of erosion;
       (C) the significant threat of future flood risk to public 
     or private property, public infrastructure, or public safety;
       (D) the destruction of natural resources or habitats; and
       (E) the potential cost-savings for maintenance of the 
     channel.
       (4) Consultation.--The Secretary shall carry out the pilot 
     program in consultation with--
       (A) Federal, State, and local governments;
       (B) nongovernmental organizations; and
       (C) applicable university research facilities.
       (5) Report.--Not later than 1 year after the first fiscal 
     year for which amounts to carry out this section are 
     appropriated, and every year thereafter, the Secretary shall 
     prepare and submit to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing--
       (A) the activities carried out and accomplishments made 
     under the pilot program since the previous report under this 
     paragraph; and
       (B) any recommendations of the Secretary relating to the 
     program.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2014 through 2019.

     SEC. 2044. HURRICANE AND STORM DAMAGE RISK REDUCTION 
                   PRIORITIZATION.

       (a) Purposes.--The purposes of this section are--
       (1) to provide adequate levels of protection to communities 
     impacted by natural disasters, including hurricanes, tropical 
     storms, and other related extreme weather events; and
       (2) to expedite critical water resources projects in 
     communities that have historically been and continue to 
     remain susceptible to extreme weather events.
       (b) Priority.--For authorized projects and ongoing 
     feasibility studies with a primary purpose of hurricane and 
     storm damage risk reduction, the Secretary shall give funding 
     priority to projects and ongoing studies that--
       (1) address an imminent threat to life and property;
       (2) prevent storm surge from inundating populated areas;
       (3) prevent the loss of coastal wetlands that help reduce 
     the impact of storm surge;
       (4) protect emergency hurricane evacuation routes or 
     shelters;
       (5) prevent adverse impacts to publicly owned or funded 
     infrastructure and assets;

[[Page S3124]]

       (6) minimize disaster relief costs to the Federal 
     Government; and
       (7) address hurricane and storm damage risk reduction in an 
     area for which the President declared a major disaster in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170).
       (c) Expedited Consideration of Currently Authorized 
     Projects.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--
       (1) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a list of 
     all--
       (A) ongoing hurricane and storm damage reduction 
     feasibility studies that have signed feasibility cost share 
     agreements and have received Federal funds since 2009; and
       (B) authorized hurricane and storm damage reduction 
     projects that--
       (i) have been authorized for more than 20 years but are 
     less than 75 percent complete; or
       (ii) are undergoing a post-authorization change report, 
     general reevaluation report, or limited reevaluation report;
       (2) identify those projects on the list required under 
     paragraph (1) that meet the criteria described in subsection 
     (b); and
       (3) provide a plan for expeditiously completing the 
     projects identified under paragraph (2), subject to available 
     funding.
       (d) Prioritization of New Studies for Hurricane and Storm 
     Damage Risk Reduction.--In selecting new studies for 
     hurricane and storm damage reduction to propose to Congress 
     under section 4002, the Secretary shall give priority to 
     studies--
       (1) that--
       (A) have been recommended in a comprehensive hurricane 
     protection study carried out by the Corps of Engineers; or
       (B) are included in a State plan or program for hurricane, 
     storm damage reduction, flood control, coastal protection, 
     conservation, or restoration, that is created in consultation 
     with the Corps of Engineers or other relevant Federal 
     agencies; and
       (2) for areas for which the President declared a major 
     disaster in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170).

     SEC. 2045. PRIORITIZATION OF ECOSYSTEM RESTORATION EFFORTS.

       For authorized projects with a primary purpose of ecosystem 
     restoration, the Secretary shall give funding priority to 
     projects--
       (1) that--
       (A) address an identified threat to public health, safety, 
     or welfare;
       (B) preserve, establish, or restore habitats of national 
     significance; or
       (C) preserve habitats of importance for federally protected 
     species, including migratory birds; and
       (2) for which the restoration activities will contribute to 
     other ongoing or planned Federal, State, or local restoration 
     initiatives.

     SEC. 2046. SPECIAL USE PERMITS.

       (a) Special Use Permits.--
       (1) In general.--The Secretary may issue special permits 
     for uses such as group activities, recreation events, 
     motorized recreation vehicles, and such other specialized 
     recreation uses as the Secretary determines to be 
     appropriate, subject to such terms and conditions as the 
     Secretary determines to be in the best interest of the 
     Federal Government.
       (2) Fees.--
       (A) In general.--In carrying out this subsection, the 
     Secretary may--
       (i) establish and collect fees associated with the issuance 
     of the permits described in paragraph (1); or
       (ii) accept in-kind services in lieu of those fees.
       (B) Outdoor recreation equipment.--The Secretary may 
     establish and collect fees for the provision of outdoor 
     recreation equipment and services at public recreation areas 
     located at lakes and reservoirs operated by the Corps of 
     Engineers.
       (C) Use of fees.--Any fees generated pursuant to this 
     subsection shall be--
       (i) retained at the site collected; and
       (ii) available for use, without further appropriation, 
     solely for administering the special permits under this 
     subsection and carrying out related operation and maintenance 
     activities at the site at which the fees are collected.
       (b) Cooperative Management.--
       (1) Program.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may enter into an agreement with a State or local government 
     to provide for the cooperative management of a public 
     recreation area if--
       (i) the public recreation area is located--

       (I) at a lake or reservoir operated by the Corps of 
     Engineers; and
       (II) adjacent to or near a State or local park or 
     recreation area; and

       (ii) the Secretary determines that cooperative management 
     between the Corps of Engineers and a State or local 
     government agency of a portion of the Corps of Engineers 
     recreation area or State or local park or recreation area 
     will allow for more effective and efficient management of 
     those areas.
       (B) Restriction.--The Secretary may not transfer 
     administration responsibilities for any public recreation 
     area operated by the Corps of Engineers.
       (2) Acquisition of goods and services.--The Secretary may 
     acquire from or provide to a State or local government with 
     which the Secretary has entered into a cooperative agreement 
     under paragraph (1) goods and services to be used by the 
     Secretary and the State or local government in the 
     cooperative management of the areas covered by the agreement.
       (3) Administration.--The Secretary may enter into 1 or more 
     cooperative management agreements or such other arrangements 
     as the Secretary determines to be appropriate, including 
     leases or licenses, with non-Federal interests to share the 
     costs of operation, maintenance, and management of recreation 
     facilities and natural resources at recreation areas that are 
     jointly managed and funded under this subsection.
       (c) Funding Transfer Authority.--
       (1) In general.--If the Secretary determines that it is in 
     the public interest for purposes of enhancing recreation 
     opportunities at Corps of Engineers water resources 
     development projects, the Secretary may transfer funds 
     appropriated for resource protection, research, 
     interpretation, and maintenance activities related to 
     resource protection in the areas at which outdoor recreation 
     is available at those Corps of Engineers water resource 
     development projects to State, local, and tribal governments 
     and such other public or private nonprofit entities as the 
     Secretary determines to be appropriate.
       (2) Cooperative agreements.--Any transfer of funds pursuant 
     to this subsection shall be carried out through the execution 
     of a cooperative agreement, which shall contain such terms 
     and conditions as the Secretary determines to be necessary in 
     the public interest.
       (d) Services of Volunteers.--Chapter IV of title I of 
     Public Law 98-63 (33 U.S.C. 569c) is amended--
       (1) in the first sentence, by inserting ``, including 
     expenses relating to uniforms, transportation, lodging, and 
     the subsistence of those volunteers, without regard to the 
     place of residence of the volunteers,'' after ``incidental 
     expenses''; and
       (2) by inserting after the first sentence the following: 
     ``The Chief of Engineers may also provide awards of up to 
     $100 in value to volunteers in recognition of the services of 
     the volunteers.''
       (e) Training and Educational Activities.--Section 213(a) of 
     the Water Resources Development Act of 2000 (33 U.S.C. 2339) 
     is amended by striking ``at'' and inserting ``about''.

     SEC. 2047. OPERATIONS AND MAINTENANCE ON FUEL TAXED INLAND 
                   WATERWAYS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall have responsibility for 65 percent 
     of the costs of the operation, maintenance, repair, 
     rehabilitation, and replacement of any flood gate, as well as 
     any pumping station constructed within the channel as a 
     single unit with that flood gate, that--
       (1) was constructed as of the date of enactment of this Act 
     as a feature of an authorized hurricane and storm damage 
     reduction project; and
       (2) crosses an inland or intracoastal waterway described in 
     section 206 of the Inland Waterways Revenue Act of 1978 (33 
     U.S.C. 1804).
       (b) Payment Options.--For rehabilitation or replacement of 
     any structure under this section, the Secretary may apply to 
     the full non-Federal contribution the payment option 
     provisions under section 103(k) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(k)).

     SEC. 2048. CORROSION PREVENTION.

       (a) Guidance and Procedures.--The Secretary shall develop 
     guidance and procedures for the certification of qualified 
     contractors for--
       (1) the application of protective coatings; and
       (2) the removal of hazardous protective coatings.
       (b) Requirements.--Except as provided in subsection (c), 
     the Secretary shall use certified contractors for--
       (1) the application of protective coatings for complex work 
     involving steel and cementitious structures, including 
     structures that will be exposed in immersion;
       (2) the removal of hazardous coatings or other hazardous 
     materials that are present in sufficient concentrations to 
     create an occupational or environmental hazard; and
       (3) any other activities the Secretary determines to be 
     appropriate.
       (c) Exception.--The Secretary may approve exceptions to the 
     use of certified contractors under subsection (b) only after 
     public notice, with the opportunity for comment, of any such 
     proposal.

     SEC. 2049. PROJECT DEAUTHORIZATIONS.

       (a) In General.--Section 1001(b) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a(b)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) List of projects.--
       ``(A) In general.--Notwithstanding section 3003 of Public 
     Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), each year, 
     after the submission of the list under paragraph (1), the 
     Secretary shall submit to Congress a list of projects or 
     separable elements of projects that have been authorized but 
     that have received no obligations during the 5 full fiscal 
     years preceding the submission of that list.
       ``(B) Additional notification.--On submission of the list 
     under subparagraph (A) to Congress, the Secretary shall 
     notify--
       ``(i) each Senator in whose State and each Member of the 
     House of Representatives in whose district a project 
     (including any part of a project) on that list would be 
     located; and
       ``(ii) each applicable non-Federal interest associated with 
     a project (including any part of a project) on that list.
       ``(C) Deauthorization.--A project or separable element 
     included in the list under subparagraph (A) is not authorized 
     after the last date of the fiscal year following the fiscal 
     year in which the list is submitted to Congress, if funding 
     has not been obligated for the planning, design, or 
     construction of the project or element of the project during 
     that period.''; and
       (2) by adding at the end the following:
       ``(3) Minimum funding list.--At the end of each fiscal 
     year, the Secretary shall submit to Congress a list of--

[[Page S3125]]

       ``(A) projects or separable elements of projects authorized 
     for construction for which funding has been obligated in the 
     5 previous fiscal years;
       ``(B) the amount of funding obligated per fiscal year;
       ``(C) the current phase of each project or separable 
     element of a project; and
       ``(D) the amount required to complete those phases.
       ``(4) Report.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Water Resources Development Act of 2013, 
     the Secretary shall compile and publish a complete list of 
     all uncompleted, authorized projects of the Corps of 
     Engineers, including for each project on that list--
       ``(i) the original budget authority for the project;
       ``(ii) the status of the project;
       ``(iii) the estimated date of completion of the project;
       ``(iv) the estimated cost of completion of the project; and
       ``(v) any amounts for the project that remain unobligated.
       ``(B) Publication.--
       ``(i) In general.--The Secretary shall submit a copy of the 
     list under subparagraph (A) to--

       ``(I) the appropriate committees of Congress; and
       ``(II) the Director of the Office of Management and Budget.

       ``(ii) Public availability.--Not later than 30 days after 
     providing the report to Congress under clause (i), the 
     Secretary shall make a copy of the list available on a 
     publicly accessible Internet site, in a manner that is 
     downloadable, searchable, and sortable.''.
       (b) Infrastructure Deauthorization Commission.--
       (1) Purposes.--The purposes of this subsection are--
       (A) to establish a process for identifying authorized Corps 
     of Engineers water resources projects that are no longer in 
     the Federal interest and no longer feasible;
       (B) to create a commission--
       (i) to review suggested deauthorizations, including 
     consideration of recommendations of the States and the 
     Secretary for the deauthorization of water resources 
     projects; and
       (ii) to make recommendations to Congress;
       (C) to ensure public participation and comment; and
       (D) to provide oversight on any recommendations made to 
     Congress by the Commission.
       (2) Infrastructure deauthorization commission.--
       (A) Establishment.--There is established an independent 
     commission to be known as the ``Infrastructure 
     Deauthorization Commission'' (referred to in this paragraph 
     as the ``Commission'').
       (B) Duties.--The Commission shall carry out the review and 
     recommendation duties described in paragraph (5).
       (C) Membership.--
       (i) In general.--The Commission shall be composed of 8 
     members, who shall be appointed by the President, by and with 
     the advice and consent of the Senate according to the 
     expedited procedures described in clause (ii).
       (ii) Expedited nomination procedures.--

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

       (aa) be placed on the Executive Calendar under the heading 
     ``Privileged Nominations--Information Requested''; and
       (bb) remain on the Executive Calendar under that heading 
     until the Executive Clerk receives a written certification 
     from the Chairman of the committee of jurisdiction under 
     subclause (II).

       (II) Questionnaires.--The Chairman of the Committee on 
     Environment and Public Works of the Senate shall notify the 
     Executive Clerk in writing when the appropriate biographical 
     and financial questionnaires have been received from an 
     individual nominated for a position under clause (i).
       (III) Privileged nominations; information received.--On 
     receipt of the certification under subclause (II), the 
     nomination shall--

       (aa) be placed on the Executive Calendar under the heading 
     ``Privileged Nomination--Information Received'' and remain on 
     the Executive Calendar under that heading for 10 session 
     days; and
       (bb) after the expiration of the period referred to in item 
     (aa), be placed on the ``Nominations'' section of the 
     Executive Calendar.

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

       (aa) any Senator may request on his or her own behalf, or 
     on the behalf of any identified Senator that the nomination 
     be referred to the appropriate committee of jurisdiction; and
       (bb) if a Senator makes a request described in paragraph 
     item (aa), the nomination shall be referred to the 
     appropriate committee of jurisdiction.

       (V) Executive calendar.--The Secretary of the Senate shall 
     create the appropriate sections on the Executive Calendar to 
     reflect and effectuate the requirements of this clause.
       (VI) Committee justification for new executive positions.--
     The report accompanying each bill or joint resolution of a 
     public character reported by any committee shall contain an 
     evaluation and justification made by that committee for the 
     establishment in the measure being reported of any new 
     position appointed by the President within an existing or new 
     Federal entity.

       (iii) Qualifications.--Members of the Commission shall be 
     knowledgeable about Corps of Engineers water resources 
     projects.
       (iv) Geographical diversity.--To the maximum extent 
     practicable, the members of the Commission shall be 
     geographically diverse.
       (D) Compensation of members.--
       (i) In general.--Each member of the Commission who is not 
     an officer or employee of the Federal Government shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (ii) Federal employees.--All members of the Commission who 
     are officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (iii) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Commission.
       (3) State water resources infrastructure plan.--Not later 
     than 2 years after the date of enactment of this Act, each 
     State, in consultation with local interests, may develop and 
     submit to the Commission, the Committee on Environment and 
     Public Works of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, a detailed statewide water resources plan 
     that includes a list of each water resources project that the 
     State recommends for deauthorization.
       (4) Corps of engineers infrastructure plan.--Not later than 
     2 years after the date of enactment of this Act, the 
     Secretary shall submit to the Commission, the Committee on 
     Environment and Public Works of the Senate, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a detailed plan that--
       (A) contains a detailed list of each water resources 
     project that the Corps of Engineers recommends for 
     deauthorization; and
       (B) is based on assessment by the Secretary of the needs of 
     the United States for water resources infrastructure, taking 
     into account public safety, the economy, and the environment.
       (5) Review and recommendation commission.--
       (A) In general.--On the appointment and confirmation of all 
     members of the Commission, the Commission shall solicit 
     public comment on water resources infrastructure issues and 
     priorities and recommendations for deauthorization, including 
     by--
       (i) holding public hearings throughout the United States; 
     and
       (ii) receiving written comments.
       (B) Recommendations.--
       (i) In general.--Not later than 4 years after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress a list of water resources projects of the Corps of 
     Engineers for deauthorization.
       (ii) Considerations.--In carrying out this paragraph, the 
     Commission shall establish criteria for evaluating projects 
     for deauthorization, which shall include consideration of--

       (I) the infrastructure plans submitted by the States and 
     the Secretary under paragraphs (3) and (4);
       (II) any public comment received during the period 
     described in subparagraph (A);
       (III) public safety and security;
       (IV) the environment; and
       (V) the economy.

       (C) Non-eligible projects.--The following types of projects 
     shall not be eligible for review for deauthorization by the 
     Commission:
       (i) Any project authorized after the date of enactment of 
     the Water Resources Development Act of 1996 (Public Law 104-
     303; 110 Stat. 3658), including any project that has been 
     reauthorized after that date.
       (ii) Any project that, as of the date of enactment of this 
     Act, is undergoing a review by the Corps of Engineers.
       (iii) Any project that has received appropriations in the 
     10-year period ending on the date of enactment of this Act.
       (iv) Any project that, on the date of enactment of this 
     Act, is more than 50 percent complete.
       (v) Any project that has a viable non-Federal sponsor.
       (D) Congressional disapproval.--Any water resources project 
     recommended for deauthorization on the list submitted to 
     Congress under subparagraph (B) shall be deemed to be 
     deauthorized unless Congress passes a joint resolution 
     disapproving of the entire list of deauthorized water 
     resources projects prior to the date that is 180 days after 
     the date on which the Commission submits the list to 
     Congress.

     SEC. 2050. REPORTS TO CONGRESS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall complete and submit to 
     Congress by the applicable date required the reports that 
     address public safety and enhanced local participation in 
     project delivery described in subsection (b).
       (b) Reports.--The reports referred to in subsection (a) are 
     the reports required under--
       (1) section 2020;
       (2) section 2022;
       (3) section 2025;
       (4) section 2026;
       (5) section 2039;
       (6) section 2040;
       (7) section 6007; and
       (8) section 10015.
       (c) Failure to Provide a Completed Report.--

[[Page S3126]]

       (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 Office of the Assistant Secretary of 
     the Army for Civil Works into the account of the division of 
     the Secretary of the Army with responsibility for completing 
     that report.
       (d) Limitations.--
       (1) In general.--For each report, the total amounts 
     reprogrammed under subsection (c) shall not exceed, in any 
     fiscal year, $50,000.
       (2) Aggregate limitation.--The total amount reprogrammed 
     under subsection (c) in a fiscal year shall not exceed 
     $200,000.
       (e) No Fault of the Secretary.--Amounts shall not be 
     reprogrammed under subsection (c) if the Secretary certifies 
     in a letter to the applicable committees of Congress that--
       (1) a major modification has been made to the content of 
     the report that requires additional analysis for the 
     Secretary to make a final decision on the report;
       (2) amounts have not been appropriated to the agency under 
     this Act or any other Act to carry out the report; or
       (3) additional information is required from an entity other 
     than the Corps of Engineers and is not available in a timely 
     manner to complete the report by the deadline.
       (f) Limitation.--The Secretary shall not reprogram funds to 
     reimburse the Office of the Assistant Secretary of the Army 
     for Civil Works for the loss of the funds.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000.

     SEC. 2051. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE 
                   ACT CONFORMING AMENDMENT.

       Section 106(k) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450j-1(k)) is amended by 
     adding at the end the following:
       ``(13) Interest payments, the retirement of principal, the 
     costs of issuance, and the costs of insurance or a similar 
     credit support for a debt financing instrument, the proceeds 
     of which are used to support a contracted construction 
     project.''.

     SEC. 2052. INVASIVE SPECIES REVIEW.

       The Secretary, in consultation with the Director of the 
     United States Fish and Wildlife Service, the Chairman of the 
     Tennessee Valley Authority, and other applicable heads of 
     Federal agencies, shall--
       (1) carry out a review of existing Federal authorities 
     relating to responding to invasive species, including aquatic 
     weeds, aquatic snails, and other aquatic invasive species, 
     that have an impact on water resources; and
       (2) based on the review under paragraph (1), make any 
     recommendations to Congress and applicable State agencies for 
     improving Federal and State laws to more effectively respond 
     to the threats posed by those invasive species.

     SEC. 2053. WETLANDS CONSERVATION STUDY.

       (a) In General.--The Comptroller General of the United 
     States shall carry out a study to identify all Federal 
     programs relating to wetlands conservation.
       (b) Report.--The Comptroller General of the United States 
     shall submit to Congress a report based on the study under 
     subsection (a) describing options for maximizing wetlands 
     conservation benefits while reducing redundancy, increasing 
     efficiencies, and reducing costs.

     SEC. 2054. DAM REPAIR STUDY.

       (a) In General.--The Comptroller General of the United 
     States shall carry out a study to evaluate repairs made at 
     dams on the Cumberland River as compared to similar repairs 
     made by the Corps of Engineers at other dams.
       (b) Contents.--The study under subsection (a) shall 
     compare--
       (1) how the repairs were classified at each dam; and
       (2) the Federal and non-Federal cost-sharing requirements 
     for each dam.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report based on the study 
     under subsection (a) with the recommendations of the 
     Comptroller General on whether the repairs carried out at 
     dams on the Cumberland River should have been classified as 
     repairs carried out under the National Dam Safety Program Act 
     (33 U.S.C. 467 et seq.).

                    TITLE III--PROJECT MODIFICATIONS

     SEC. 3001. PURPOSE.

       The purpose of this title is to modify existing water 
     resource project authorizations, subject to the condition 
     that the modifications do not affect authorized costs.

     SEC. 3002. CHATFIELD RESERVOIR, COLORADO.

       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''.

     SEC. 3003. 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.''.

     SEC. 3004. HURRICANE AND STORM DAMAGE REDUCTION STUDY.

       With respect to the study for flood and storm damage 
     reduction related to natural disasters to by carried out by 
     the Secretary and authorized under the heading 
     ``investigations'' under title II of division A of Public Law 
     113-2, the Secretary shall include, to the maximum extent 
     practicable, specific project recommendations in the report 
     developed for that study.

     SEC. 3005. LOWER YELLOWSTONE PROJECT, MONTANA.

       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. 3006. PROJECT DEAUTHORIZATIONS.

       (a) Goose Creek, Somerset County, Maryland.--The project 
     for navigation, Goose Creek, Somerset County, Maryland, 
     carried out pursuant to section 107 of the Rivers and Harbor 
     Act of 1960 (33 U.S.C. 577), is realigned as follows: 
     Beginning at Goose Creek Channel Geometry Centerline of the 
     60-foot-wide main navigational ship channel, Centerline 
     Station No. 0+00, coordinates North 157851.80, East 
     1636954.70, as stated and depicted on the Condition Survey 
     Goose Creek, Sheet 1 of 1, prepared by the United States Army 
     Corps of Engineers, Baltimore District, July 2003; thence 
     departing the aforementioned centerline traveling the 
     following courses and distances: S. 64 degrees 49 minutes 06 
     seconds E., 1583.82 feet to a point, on the outline of said 
     60-foot-wide channel thence binding on said out-line the 
     following four courses and distances: S. 63 degrees 26 
     minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 
     degrees 38 minutes 26 seconds E., 973.28 feet to a point, 
     thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet 
     to a point on the Left Toe of the 60-foot-wide main 
     navigational channel at computed Centerline Station No. 
     42+57.54, coordinates North 157357.84, East 1640340.23. 
     Geometry Left Toe of the 60-foot-wide main navigational ship 
     channel, Left Toe Station No. 0+00, coordinates North 
     157879.00, East 1636967.40, as stated and depicted on the 
     Condition Survey Goose Creek, Sheet 1 of 1, prepared by the 
     United States Army Corps of Engineers, Baltimore District, 
     August 2010; thence departing the aforementioned centerline 
     traveling the following courses and distances: S. 64 degrees 
     49 minutes 12 seconds E., 1583.91 feet to a point, on the 
     outline of said 60-foot-wide channel thence binding on said 
     out-line the following eight courses and distances: S. 63 
     degrees 25 minutes 38 seconds E., 1366.25 feet to a point, 
     thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet 
     to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 
     805.19 feet to a point, thence; N. 12 degrees 12 minutes 29 
     seconds E., 78.33 feet to a point thence; N. 26 degrees 13 
     minutes 28 seconds W., 46.66 feet to a point thence; S. 63 
     degrees 45 minutes 41 seconds W., 54.96 feet to a point 
     thence; N. 26 degrees 13 minutes 24 seconds W., 119.94 feet 
     to a point on the Left Toe of the 60-foot-wide main 
     navigational channel at computed Centerline Station No. 
     41+81.10, coordinates North 157320.30, East 1640264.00. 
     Geometry Right Toe of the 60-foot-wide main navigational ship 
     channel, Right Toe Station No. 0+00, coordinates North 
     157824.70, East 1636941.90, as stated and depicted on the 
     Condition Survey Goose Creek, Sheet 1 of 1, prepared by the 
     United States Army Corps of Engineers, Baltimore District, 
     August 2010; thence departing the aforementioned centerline 
     traveling the following courses and distances: S. 64 degrees 
     49 minutes 06 seconds E., 1583.82 feet to a point, on the 
     outline of said 60-foot-wide channel thence binding on said 
     out-line the following six courses and distances: S. 63 
     degrees 25 minutes 47 seconds E., 1478.79 feet to a point, 
     thence; N. 50 degrees 38 minutes 26 seconds E., 1016.69 feet 
     to a point, thence; N. 26 degrees 14 minutes 49 seconds W., 
     144.26 feet to a point, thence; N. 63 degrees 54 minutes 03 
     seconds E., 55.01 feet to a point thence; N. 26 degrees 12 
     minutes 08 seconds W., 120.03 feet to a point a point on the 
     Right Toe of the 60-foot-wide main navigational channel at 
     computed Centerline Station No. 43+98.61, coordinates North 
     157395.40, East 1640416.50.
       (b) Lower Thoroughfare, Deal Island, Maryland.--Beginning 
     on the date of enactment of this Act, the Secretary is no 
     longer authorized to carry out the portion of the project for 
     navigation, Lower Thoroughfare, Maryland, authorized by the 
     Act of June 25, 1910 (36 Stat. 630, chapter 382) (commonly 
     known as the ``River and Harbor Act of 1910''), that begins 
     at Lower Thoroughfare Channel Geometry Centerline of the 60-
     foot-wide main navigational ship channel, Centerline Station 
     No. 44+88, coordinates North 170435.62, East 1614588.93, as 
     stated and depicted on the Condition Survey Lower 
     Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the 
     United States Army Corps of Engineers, Baltimore District, 
     August 2010; thence

[[Page S3127]]

     departing the aforementioned centerline traveling the 
     following courses and distances: S. 42 degrees 20 minutes 44 
     seconds W., 30.00 feet to a point, on the outline of said 60-
     foot-wide channel thence binding on said out-line the 
     following four courses and distances: N. 64 degrees 08 
     minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 
     degrees 20 minutes 43 seconds W., 250.08 feet to a point, 
     thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to 
     a point, thence; S. 42 degrees 20 minutes 44 seconds E., 
     300.07 feet to a point binding on the Left Toe of the 60-
     foot-wide main navigational channel at computed Centerline 
     Station No. 43+92.67, coordinates North 170415.41, 
     1614566.76; thence; continuing with the aforementioned 
     centerline the following courses and distances: S. 42 degrees 
     20 minutes 42 seconds W., 30.00 feet to a point, on the 
     outline of said 60-foot-wide channel thence binding on said 
     out-line the following four courses and distances: N. 20 
     degrees 32 minutes 06 seconds W., 53.85 feet to a point, 
     thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet 
     to a point, thence; S. 47 degrees 39 minutes 03 seconds W., 
     20.00 feet to a point, thence; S. 42 degrees 20 minutes 46 
     seconds E., 300.08 feet to a point binding on the Left Toe of 
     the 60-foot-wide main navigational channel at computed 
     Centerline Station No. 43+92.67, coordinates North 170415.41, 
     1614566.76.
       (c) Thomaston Harbor, Georges River, Maine.--Beginning on 
     the date of enactment of this Act, the Secretary is no longer 
     authorized to carry out the portion of the project for 
     navigation, Georges River, Maine (Thomaston Harbor), 
     authorized by the first section of the Act of June 3, 1896 
     (29 Stat. 215, chapter 314), and modified by section 317 of 
     the Water Resources Development Act of 2000 (Public Law 106-
     541; 114 Stat. 2604), that lies northwesterly of a line 
     commencing at point N87,220.51, E321,065.80 thence running 
     northeasterly about 125 feet to a point N87,338.71, 
     E321,106.46.
       (d) Warwick Cove, Rhode Island.--Beginning on the date of 
     enactment of this Act, the Secretary is no longer authorized 
     to carry out the portion of the project for navigation, 
     Warwick Cove, Rhode Island, authorized by section 107 of the 
     River and Harbor Act of 1960 (33 U.S.C. 577) that is located 
     within the 5 acre anchorage area east of the channel and 
     lying east of the line beginning at a point with coordinates 
     N220,349.79, E357,664.90 thence running north 9 degrees 10 
     minutes 21.5 seconds west 170.38 feet to a point N220,517.99, 
     E357,637.74 thence running north 17 degrees 44 minutes 30.4 
     seconds west 165.98 feet to a point N220,676.08, E357,587.16 
     thence running north 0 degrees 46 minutes 0.9 seconds east 
     138.96 feet to a point N220,815.03, E357,589.02 thence 
     running north 8 degrees 36 minutes 22.9 seconds east 101.57 
     feet to a point N220,915.46, E357,604.22 thence running north 
     18 degrees 18 minutes 27.3 seconds east 168.20 feet to a 
     point N221,075.14, E357,657.05 thence running north 34 
     degrees 42 minutes 7.2 seconds east 106.4 feet to a point 
     N221,162.62, E357,717.63 thence running south 29 degrees 14 
     minutes 17.4 seconds east 26.79 feet to a point N221,139.24, 
     E357,730.71 thence running south 30 degrees 45 minutes 30.5 
     seconds west 230.46 feet to a point N220,941.20, E357,612.85 
     thence running south 10 degrees 49 minutes 12.0 seconds west 
     95.46 feet to a point N220,847.44, E357,594.93 thence running 
     south 9 degrees 13 minutes 44.5 seconds east 491.68 feet to a 
     point N220,362.12, E357,673.79 thence running south 35 
     degrees 47 minutes 19.4 seconds west 15.20 feet to the point 
     of origin.
       (e) Clatsop County Diking District No. 10, Karlson Island, 
     Oregon.--Beginning on the date of enactment of this Act, the 
     Secretary is no longer authorized to carry out the Diking 
     District No. 10, Karlson Island portion of the project for 
     raising and improving existing levees in Clatsop County, 
     Oregon, authorized by section 5 of the Act of June 22, 1936 
     (as amended) (33 U.S.C. 701h).
       (f) Numberg Dike No. 34 Leveed Area, Clatsop County Diking 
     District No. 13, Clatsop County, Oregon (Walluski-Youngs).--
     Beginning on the date of enactment of this Act, the Secretary 
     is no longer authorized to carry out the Numberg Dike No. 34 
     leveed area, Clatsop County Diking District, No. 13, Walluski 
     River and Youngs River dikes, portion of the project for 
     raising and improving existing levees in Clatsop County, 
     Oregon, authorized by section 5 of the Act of June 22, 1936 
     (as amended) (33 U.S.C. 701h).
       (g) Port of Hood River, Oregon.--
       (1) Extinguishment of portions of existing flowage 
     easement.--With respect to the properties described in 
     paragraph (2), beginning on the date of enactment of this 
     Act, the flowage easement identified as Tract 1200E-6 on the 
     Easement Deed recorded as Instrument No. 740320 is 
     extinguished above elevation 79.39 feet (NGVD 29) the 
     Ordinary High Water Line.
       (2) Affected properties.--The properties referred to in 
     paragraph (1), as recorded in Hood River County, Oregon, are 
     as follows:
       (A) Instrument Number 2010-1235
       (B) Instrument Number 2010-02366.
       (C) Instrument Number 2010-02367.
       (D) Parcel 2 of Partition Plat #2011-12P.
       (E) Parcel 1 of Partition Plat 2005-26P.
       (3) Federal liabilities; cultural, environmental, and other 
     regulatory reviews.--
       (A) Federal liability.--The United States shall not be 
     liable for any injury caused by the extinguishment of the 
     easement under this subsection.
       (B) Cultural and environmental regulatory actions.--Nothing 
     in this subsection establishes any cultural or environmental 
     regulation relating to the properties described in paragraph 
     (2).
       (4) Effect on other rights.--Nothing in this subsection 
     affects any remaining right or interest of the Corps of 
     Engineers in the properties described in paragraph (2).

     SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB-BASIN, NEW 
                   JERSEY.

       Title I of the Energy and Water Development Appropriations 
     Act, 1998 (Public Law 105-62; 111 Stat. 1327) is amended by 
     striking section 102.

     SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKANSAS, 
                   LOUISIANA.

       (a) In General.--The Secretary is authorized to reassign 
     unused irrigation storage within a reservoir on the Red River 
     Basin to municipal and industrial water supply for use by a 
     non-Federal interest if that non-Federal interest has already 
     contracted for a share of municipal and industrial water 
     supply on the same reservoir.
       (b) Non-Federal Interest.--A reassignment of storage under 
     subsection (a) shall be contingent upon the execution of an 
     agreement between the Secretary and the applicable non-
     Federal interest.

     SEC. 3009. POINT JUDITH HARBOR OF REFUGE, RHODE ISLAND.

       The project for the Harbor of Refuge at Point Judith, 
     Narragansett, Rhode Island, adopted by the Act of September 
     19, 1890 (commonly known as the ``River and Harbor Act of 
     1890'') (26 Stat. 426, chapter 907), House Document numbered 
     66, 51st Congress, 1st Session, and modified to include the 
     west shore arm breakwater under the first section of the Act 
     of June 25, 1910 (commonly known as the ``River and Harbor 
     Act of 1910'') (36 Stat. 632, chapter 382), is further 
     modified to include shore protection and erosion control as 
     project purposes.

                    TITLE IV--WATER RESOURCE STUDIES

     SEC. 4001. PURPOSE.

       The purpose of this title is to direct the Corps of 
     Engineers to study and recommend solutions for water resource 
     issues relating to flood risk and storm damage reduction, 
     navigation, and ecosystem restoration.

     SEC. 4002. INITIATION OF NEW WATER RESOURCES STUDIES.

       (a) In General.--Subject to subsections (b), (c), and (d), 
     the Secretary may initiate a study--
       (1) to determine the feasibility of carrying out 1 or more 
     projects for flood risk management, storm damage reduction, 
     ecosystem restoration, navigation, hydropower, or related 
     purposes; or
       (2) to carry out watershed and river basin assessments in 
     accordance with section 729 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2267a).
       (b) Criteria.--The Secretary may only initiate a study 
     under subsection (a) if--
       (1) the study--
       (A) has been requested by an eligible non-Federal interest;
       (B) is for an area that is likely to include a project with 
     a Federal interest; and
       (C) addresses a high-priority water resource issue 
     necessary for the protection of human life and property, the 
     environment, or the national security interests of the United 
     States; and
       (2) the non-Federal interest has demonstrated--
       (A) that local support exists for addressing the water 
     resource issue; and
       (B) the financial ability to provide the required non-
     Federal cost-share.
       (c) Congressional Approval.--
       (1) Submission to congress.--Prior to initiating a study 
     under subsection (a), the Secretary shall submit to the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate and the Committees on Transportation and 
     Infrastructure and Appropriations of the House--
       (A) a description of the study, including the geographical 
     area addressed by the study;
       (B) a description of how the study meets each of the 
     requirements of subsection (b); and
       (C) a certification that the proposed study can be 
     completed within 3 years and for a Federal cost of not more 
     than $3,000,000.
       (2) Expenditure of funds.--No funds may be spent on a study 
     initiated under subsection (a) unless--
       (A) the required information is submitted to Congress under 
     paragraph (1); and
       (B) after such submission, amounts are appropriated to 
     initiate the study in an appropriations or other Act.
       (3) Additional notification.--The Secretary shall notify 
     each Senator or Member of Congress with a State or 
     congressional district in the study area described in 
     paragraph (1)(A).
       (d) Limitations.--
       (1) In general.--Subsection (a) shall not apply to a 
     project for which a study has been authorized prior to the 
     date of enactment of this Act.
       (2) New studies.--In each fiscal year, the Secretary may 
     initiate not more than--
       (A) 3 new studies in each of the primary areas of 
     responsibility of the Corps of Engineers; and
       (B) 3 new studies from any 1 division of the Corps of 
     Engineers.
       (e) Termination.--The authority under subsection (a) 
     expires on the date that is 3 years after the date of 
     enactment of this Act.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $25,000,000 for each of fiscal years 2014 through 2017.

     SEC. 4003. APPLICABILITY.

       (a) In General.--Nothing in this title authorizes the 
     construction of a water resources project.
       (b) New Authorization Required.--New authorization from 
     Congress is required before any project evaluated in a study 
     under this title is constructed.

              TITLE V--REGIONAL AND NONPROJECT PROVISIONS

     SEC. 5001. PURPOSE.

       The purpose of this title is to authorize regional, 
     multistate authorities to address water resource needs and 
     other non-project provisions.

     SEC. 5002. NORTHEAST COASTAL REGION ECOSYSTEM RESTORATION.

       (a) In General.--The Secretary shall plan, design, and 
     construct projects for aquatic ecosystem restoration within 
     the coastal waters of

[[Page S3128]]

     the Northeastern United States from the State of Virginia to 
     the State of Maine, including associated bays, estuaries, and 
     critical riverine areas.
       (b) General Coastal Management Plan.--
       (1) Assessment.--The Secretary, in coordination with the 
     Administrator of the Environmental Protection Agency, the 
     heads of other appropriate Federal agencies, the Governors of 
     the coastal States from Virginia to Maine, nonprofit 
     organizations, and other interested parties, shall assess the 
     needs regarding, and opportunities for, aquatic ecosystem 
     restoration within the coastal waters of the Northeastern 
     United States.
       (2) Plan.--The Secretary shall develop a general coastal 
     management plan based on the assessment carried out under 
     paragraph (1), maximizing the use of existing plans and 
     investigation, which plan shall include--
       (A) an inventory and evaluation of coastal habitats;
       (B) identification of aquatic resources in need of 
     improvement;
       (C) identification and prioritization of potential aquatic 
     habitat restoration projects; and
       (D) identification of geographical and ecological areas of 
     concern, including--
       (i) finfish habitats;
       (ii) diadromous fisheries migratory corridors;
       (iii) shellfish habitats;
       (iv) submerged aquatic vegetation;
       (v) wetland; and
       (vi) beach dune complexes and other similar habitats.
       (c) Eligible Projects.--The Secretary may carry out an 
     aquatic ecosystem restoration project under this section if 
     the project--
       (1) is consistent with the management plan developed under 
     subsection (b); and
       (2) provides for--
       (A) the restoration of degraded aquatic habitat (including 
     coastal, saltmarsh, benthic, and riverine habitat);
       (B) the restoration of geographical or ecological areas of 
     concern, including the restoration of natural river and 
     stream characteristics;
       (C) the improvement of water quality; or
       (D) other projects or activities determined to be 
     appropriate by the Secretary.
       (d) Cost Sharing.--
       (1) Management plan.--The management plan developed under 
     subsection (b) shall be completed at Federal expense.
       (2) Restoration projects.--The non-Federal share of the 
     cost of a project carried out under this section shall be 35 
     percent.
       (e) Cost Limitation.--Not more than $10,000,000 in Federal 
     funds may be allocated under this section for an eligible 
     project.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section (including funds 
     for the completion of the management plan) $25,000,000 for 
     each of fiscal years 2014 through 2018.

     SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       Section 510 of the Water Resources Development Act of 1996 
     (Public Law 104-303; 110 Stat. 3759; 121 Stat. 1202) is 
     amended--
       (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 Development Act of 2013, the 
     Secretary, in cooperation with State and local governmental 
     officials and affected stakeholders, shall develop a 
     comprehensive Chesapeake Bay restoration plan to guide the 
     implementation of projects under subsection (a)(2).
       ``(2) Coordination.--The restoration plan described in 
     paragraph (1) shall, to the maximum extent practicable, 
     consider and avoid duplication of any ongoing or planned 
     actions of other Federal, State, and local agencies and 
     nongovernmental organizations.
       ``(3) Prioritization.--The restoration plan described in 
     paragraph (1) shall give priority to projects eligible under 
     subsection (a)(2) that will also improve water quality or 
     quantity or use natural hydrological features and systems.
       ``(4) Administration.--The Federal share of the costs of 
     carrying out paragraph (1) shall be 75 percent.'';
       (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).

     SEC. 5004. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 
                   COLORADO, NEW MEXICO, TEXAS.

       Section 5056 of the Water Resources Development Act of 2007 
     (121 Stat. 1213) is amended--
       (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 
     ``2024''.

     SEC. 5005. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM 
                   RESTORATION, OREGON AND WASHINGTON.

       Section 536(g) of the Water Resources Development Act of 
     2000 (114 Stat. 2661) is amended by striking ``$30,000,000'' 
     and inserting ``$75,000,000''.

     SEC. 5006. ARKANSAS RIVER, ARKANSAS AND OKLAHOMA.

       (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 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. 5007. AQUATIC INVASIVE SPECIES PREVENTION AND 
                   MANAGEMENT; COLUMBIA RIVER BASIN.

       (a) In General.--The Secretary may establish a program to 
     prevent and manage aquatic invasive species in the Columbia 
     River Basin in

[[Page S3129]]

     the States of Idaho, Montana, Oregon, and Washington.
       (b) Watercraft Inspection Stations.--
       (1) In general.--In carrying out this section, the 
     Secretary shall establish watercraft inspection stations in 
     the Columbia River Basin to be located in the States of 
     Idaho, Montana, Oregon, and Washington at locations, as 
     determined by the Secretary, with the highest likelihood of 
     preventing the spread of aquatic invasive species into 
     reservoirs operated and maintained by the Secretary.
       (2) Inclusions.--Locations identified under paragraph (1) 
     may include--
       (A) State border crossings;
       (B) international border crossings; and
       (C) highway entry points that are used by owners of 
     watercraft to access boat launch facilities owned or managed 
     by the Secretary.
       (3) Cost-share.--The non-Federal share of the cost of 
     operating and maintaining watercraft inspection stations 
     described in paragraph (1) (including personnel costs) shall 
     be 50 percent.
       (4) Other inspection sites.--The Secretary may establish 
     watercraft inspection stations using amounts made available 
     to carry out this section in States other than those 
     described in paragraph (1) at or near boat launch facilities 
     that the Secretary determines are regularly used by 
     watercraft to enter the States described in paragraph (1).
       (c) Monitoring and Contingency Planning.--The Secretary 
     shall--
       (1) carry out risk assessments of each major public and 
     private water resources facility in the Columbia River Basin;
       (2) establish an aquatic invasive species monitoring 
     program in the Columbia River Basin;
       (3) establish a Columbia River Basin watershed-wide plan 
     for expedited response to an infestation of aquatic invasive 
     species; and
       (4) monitor water quality, including sediment cores and 
     fish tissue samples, at facilities owned or managed by the 
     Secretary in the Columbia River Basin.
       (d) Coordination.--In carrying out this section, the 
     Secretary shall consult and coordinate with--
       (1) the States described in subsection (a);
       (2) Indian tribes; and
       (3) other Federal agencies, including--
       (A) the Department of Agriculture;
       (B) the Department of Energy;
       (C) the Department of Homeland Security;
       (D) the Department of Commerce; and
       (E) the Department of the Interior.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000, of which $5,000,000 may be used to carry out 
     subsection (c).

     SEC. 5008. UPPER MISSOURI BASIN FLOOD AND DROUGHT MONITORING.

       (a) In General.--The Secretary, in coordination with the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, the Chief of the Natural Resources 
     Conservation Service, the Director of the United States 
     Geological Survey, and the Commissioner of the Bureau of 
     Reclamation, shall establish a program to provide for--
       (1) 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'';
       (2) restoring and maintaining existing mid- and high-
     elevation snowpack monitoring sites operated under the SNOTEL 
     program of the Natural Resources Conservation Service; and
       (3) 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.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $11,250,000.
       (c) Use of Funds.--Amounts made available to the Secretary 
     under this section shall be used to complement other related 
     activities of Federal agencies that are carried out within 
     the Missouri River Basin.
       (d) 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--
       (1) identifies progress made by the Secretary and other 
     Federal agencies to implement the recommendations contained 
     in the report described in subsection (a)(1) with respect to 
     enhancing soil moisture and snowpack monitoring in the Upper 
     Missouri Basin; and
       (2) includes recommendations to enhance soil moisture and 
     snowpack monitoring in the Upper Missouri Basin.

     SEC. 5009. NORTHERN ROCKIES HEADWATERS EXTREME WEATHER 
                   MITIGATION.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall establish a program to mitigate the impacts of extreme 
     weather events, such as floods and droughts, on communities, 
     water users, and fish and wildlife located in and along the 
     headwaters of the Columbia, Missouri, and Yellowstone Rivers 
     (including the tributaries of those rivers) in the States of 
     Idaho and Montana by carrying out river, stream, and 
     floodplain protection and restoration projects, including--
       (1) floodplain restoration and reconnection;
       (2) floodplain and riparian area protection through the use 
     of conservation easements;
       (3) instream flow restoration projects;
       (4) fish passage improvements;
       (5) channel migration zone mapping; and
       (6) invasive weed management.
       (b) Restriction.--All projects carried out using amounts 
     made available to carry out this section shall emphasize the 
     protection and enhancement of natural riverine processes.
       (c) Non-federal Cost Share.--The non-Federal share of the 
     costs of carrying out a project under this section shall not 
     exceed 35 percent of the total cost of the project.
       (d) Coordination.--In carrying out this section, the 
     Secretary--
       (1) shall consult and coordinate with the appropriate State 
     natural resource agency in each State; and
       (2) may--
       (A) delegate any authority or responsibility of the 
     Secretary under this section to those State natural resource 
     agencies; and
       (B) provide amounts made available to the Secretary to 
     carry out this section to those State natural resource 
     agencies.
       (e) Limitations.--Nothing in this section invalidates, 
     preempts, or creates any exception to State water law, State 
     water rights, or Federal or State permitted activities or 
     agreements in the States of Idaho and Montana or any State 
     containing tributaries to rivers in those States.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000.

     SEC. 5010. AQUATIC NUISANCE SPECIES PREVENTION, GREAT LAKES 
                   AND MISSISSIPPI RIVER BASIN.

       (a) In General.--The Secretary is authorized to implement 
     measures recommended in the efficacy study authorized under 
     section 3061 of the Water Resources Development Act of 2007 
     (121 Stat. 1121) or in interim reports, with any 
     modifications or any emergency measures that the Secretary 
     determines to be appropriate to prevent aquatic nuisance 
     species from dispersing into the Great Lakes by way of any 
     hydrologic connection between the Great Lakes and the 
     Mississippi River Basin.
       (b) Reports.--The Secretary shall report to the Committees 
     on Environment and Public Works and Appropriations of the 
     Senate and the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives any emergency actions taken pursuant to this 
     section.

                         TITLE VI--LEVEE SAFETY

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``National Levee Safety 
     Program Act''.

     SEC. 6002. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) there is a need to establish a national levee safety 
     program to provide national leadership and encourage the 
     establishment of State and tribal levee safety programs;
       (2) according to the National Committee on Levee Safety, 
     ``the level of protection and robustness of design and 
     construction of levees vary considerably across the 
     country'';
       (3) knowing the location, condition, and ownership of 
     levees, as well as understanding the population and 
     infrastructure at risk in leveed areas, is necessary for 
     identification and prioritization of activities associated 
     with levees;
       (4) levees are an important tool for reducing flood risk 
     and should be considered in the context of broader flood risk 
     management efforts;
       (5) States and Indian tribes--
       (A) are uniquely positioned to oversee, coordinate, and 
     regulate local and regional levee systems; and
       (B) should be encouraged to participate in a national levee 
     safety program by establishing individual levee safety 
     programs; and
       (6) States, Indian tribes, and local governments that do 
     not invest in protecting the individuals and property located 
     behind levees place those individuals and property at risk.
       (b) Purposes.--The purposes of this title are--
       (1) to promote sound technical practices in levee design, 
     construction, operation, inspection, assessment, security, 
     and maintenance;
       (2) to ensure effective public education and awareness of 
     risks involving levees;
       (3) to establish and maintain a national levee safety 
     program that emphasizes the protection of human life and 
     property; and
       (4) to implement solutions and incentives that encourage 
     the establishment of effective State and tribal levee safety 
     programs.

     SEC. 6003. DEFINITIONS.

       In this title:
       (1) Board.--The term ``Board'' means the National Levee 
     Safety Advisory Board established under section 6005.
       (2) Canal structure.--
       (A) In general.--The term ``canal structure'' means an 
     embankment, wall, or structure along a canal or manmade 
     watercourse that--
       (i) constrains water flows;
       (ii) is subject to frequent water loading; and
       (iii) is an integral part of a flood risk reduction system 
     that protects the leveed area from flood waters associated 
     with hurricanes, precipitation events, seasonal high water, 
     and other weather-related events.
       (B) Exclusion.--The term ``canal structure'' does not 
     include a barrier across a watercourse.
       (3) Federal agency.--The term ``Federal agency'' means a 
     Federal agency that designs, finances, constructs, owns, 
     operates, maintains, or regulates the construction, 
     operation, or maintenance of a levee.
       (4) Flood damage reduction system.--The term ``flood damage 
     reduction system'' means a system designed and constructed to 
     have appreciable and dependable effects in reducing damage by 
     floodwaters.
       (5) Flood mitigation.--The term ``flood mitigation'' means 
     any structural or nonstructural measure that reduces risks of 
     flood damage by reducing the probability of flooding, the 
     consequences of flooding, or both.
       (6) Floodplain management.--The term ``floodplain 
     management'' means the operation

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     of a community program of corrective and preventative 
     measures for reducing flood damage.
       (7) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (8) Levee.--
       (A) In general.--The term ``levee'' means a manmade barrier 
     (such as an embankment, floodwall, or other structure)--
       (i) the primary purpose of which is to provide hurricane, 
     storm, or flood protection relating to seasonal high water, 
     storm surges, precipitation, or other weather events; and
       (ii) that is normally subject to water loading for only a 
     few days or weeks during a calendar year.
       (B) Inclusions.--The term ``levee'' includes a levee 
     system, including--
       (i) levees and canal structures that--

       (I) constrain water flows;
       (II) are subject to more frequent water loading; and
       (III) do not constitute a barrier across a watercourse; and

       (ii) roadway and railroad embankments, but only to the 
     extent that the embankments are integral to the performance 
     of a flood damage reduction system.
       (C) Exclusions.--The term ``levee'' does not include--
       (i) a roadway or railroad embankment that is not integral 
     to the performance of a flood damage reduction system;
       (ii) a canal constructed completely within natural ground 
     without any manmade structure (such as an embankment or 
     retaining wall to retain water or a case in which water is 
     retained only by natural ground);
       (iii) a canal regulated by a Federal or State agency in a 
     manner that ensures that applicable Federal safety criteria 
     are met;
       (iv) a levee or canal structure--

       (I) that is not a part of a Federal flood damage reduction 
     system;
       (II) that is not recognized under the National Flood 
     Insurance Program as providing protection from the 1-percent-
     annual-chance or greater flood;
       (III) that is not greater than 3 feet high;
       (IV) the population in the leveed area of which is less 
     than 50 individuals; and
       (V) the leveed area of which is less than 1,000 acres; or

       (v) any shoreline protection or river bank protection 
     system (such as revetments or barrier islands).
       (9) Levee feature.--The term ``levee feature'' means a 
     structure that is critical to the functioning of a levee, 
     including--
       (A) an embankment section;
       (B) a floodwall section;
       (C) a closure structure;
       (D) a pumping station;
       (E) an interior drainage work; and
       (F) a flood damage reduction channel.
       (10) Levee safety guidelines.--The term ``levee safety 
     guidelines'' means the guidelines established by the 
     Secretary under section 6004(c)(1).
       (11) Levee segment.--The term ``levee segment'' means a 
     discrete portion of a levee system that is owned, operated, 
     and maintained by a single entity or discrete set of 
     entities.
       (12) Levee system.--The term ``levee system'' means 1 or 
     more levee segments, including all levee features that are 
     interconnected and necessary to ensure protection of the 
     associated leveed areas--
       (A) that collectively provide flood damage reduction to a 
     defined area; and
       (B) the failure of 1 of which may result in the failure of 
     the entire system.
       (13) Leveed area.--The term ``leveed area'' means the land 
     from which flood water in the adjacent watercourse is 
     excluded by the levee system.
       (14) National levee database.--The term ``national levee 
     database'' means the levee database established under section 
     9004 of the Water Resources Development Act of 2007 (33 
     U.S.C. 3303).
       (15) Participating program.--The term ``participating 
     program'' means a levee safety program developed by a State 
     or Indian tribe that includes the minimum components 
     necessary for recognition by the Secretary.
       (16) Rehabilitation.--The term ``rehabilitation'' means the 
     repair, replacement, reconstruction, or removal of a levee 
     that is carried out to meet national levee safety guidelines.
       (17) Risk.--The term ``risk'' means a measure of the 
     probability and severity of undesirable consequences.
       (18) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (19) State.--The term ``State'' means--
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau; and
       (J) the United States Virgin Islands.

     SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM.

       (a) Establishment.--The Secretary, in consultation with the 
     Administrator of the Federal Emergency Management Agency, 
     shall establish a national levee safety program to provide 
     national leadership and consistent approaches to levee 
     safety, including--
       (1) a national levee database;
       (2) an inventory and inspection of Federal and non-Federal 
     levees;
       (3) national levee safety guidelines;
       (4) a hazard potential classification system for Federal 
     and non-Federal levees;
       (5) research and development;
       (6) a national public education and awareness program, with 
     an emphasis on communication regarding the residual risk to 
     communities protected by levees and levee systems;
       (7) coordination of levee safety, floodplain management, 
     and environmental protection activities;
       (8) development of State and tribal levee safety programs; 
     and
       (9) the provision of technical assistance and materials to 
     States and Indian tribes relating to--
       (A) developing levee safety programs;
       (B) identifying and reducing flood risks associated with 
     residual risk to communities protected by levees and levee 
     systems;
       (C) identifying local actions that may be carried out to 
     reduce flood risks in leveed areas; and
       (D) rehabilitating, improving, replacing, reconfiguring, 
     modifying, and removing levees and levee systems.
       (b) Management.--
       (1) In general.--The Secretary shall appoint--
       (A) an administrator of the national levee safety program; 
     and
       (B) such staff as is necessary to implement the program.
       (2) Administrator.--The sole duty of the administrator 
     appointed under paragraph (1)(A) shall be the management of 
     the national levee safety program.
       (c) Levee Safety Guidelines.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in coordination with 
     State and local governments and organizations with expertise 
     in levee safety, shall establish a set of voluntary, 
     comprehensive, national levee safety guidelines that--
       (A) are available for common, uniform use by all Federal, 
     State, tribal, and local agencies;
       (B) incorporate policies, procedures, standards, and 
     criteria for a range of levee types, canal structures, and 
     related facilities and features; and
       (C) provide for adaptation to local, regional, or watershed 
     conditions.
       (2) Requirement.--The policies, procedures, standards, and 
     criteria under paragraph (1)(B) shall be developed taking 
     into consideration the levee hazard potential classification 
     system established under subsection (d).
       (3) Adoption by federal agencies.--All Federal agencies 
     shall consider the levee safety guidelines in activities 
     relating to the management of levees.
       (4) Public comment.--Prior to finalizing the guidelines 
     under this subsection, the Secretary shall--
       (A) issue draft guidelines for public comment; and
       (B) consider any comments received in the development of 
     final guidelines.
       (d) Hazard Potential Classification System.--
       (1) Establishment.--The Secretary shall establish a hazard 
     potential classification system for use under the national 
     levee safety program and participating programs.
       (2) Revision.--The Secretary shall review and, as 
     necessary, revise the hazard potential classification system 
     not less frequently than once every 5 years.
       (3) Consistency.--The hazard potential classification 
     system established pursuant to this subsection shall be 
     consistent with and incorporated into the levee safety action 
     classification tool developed by the Corps of Engineers.
       (e) Technical Assistance and Materials.--
       (1) Establishment.--The Secretary, in coordination with the 
     Board, shall establish a national levee safety technical 
     assistance and training program to develop and deliver 
     technical support and technical assistance materials, 
     curricula, and training in order to promote levee safety and 
     assist States, communities, and levee owners in--
       (A) developing levee safety programs;
       (B) identifying and reducing flood risks associated with 
     levees;
       (C) identifying local actions that may be carried out to 
     reduce flood risks in leveed areas; and
       (D) rehabilitating, improving, replacing, reconfiguring, 
     modifying, and removing levees and levee systems.
       (2) Use of services.--In establishing the national levee 
     safety training program under paragraph (1), the Secretary 
     may use the services of--
       (A) the Corps of Engineers;
       (B) the Federal Emergency Management Agency;
       (C) the Bureau of Reclamation; and
       (D) other appropriate Federal agencies, as determined by 
     the Secretary.
       (f) Comprehensive National Public Education and Awareness 
     Campaign.--
       (1) Establishment.--The Secretary, in coordination with the 
     Administrator of the Federal Emergency Management Agency and 
     the Board, shall establish a national public education and 
     awareness campaign relating to the national levee safety 
     program.
       (2) Purposes.--The purposes of the campaign under paragraph 
     (1) are--
       (A) to educate individuals living in leveed areas regarding 
     the risks of living in those areas;
       (B) to promote consistency in the transmission of 
     information regarding levees among government agencies; and
       (C) to provide national leadership regarding risk 
     communication for implementation at the State and local 
     levels.
       (g) Coordination of Levee Safety, Floodplain Management, 
     and Environmental Concerns.--The Secretary, in coordination 
     with the Board, shall evaluate opportunities to coordinate--

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       (1) public safety, floodplain management, and environmental 
     protection activities relating to levees; and
       (2) environmental permitting processes for operation and 
     maintenance activities at existing levee projects in 
     compliance with all applicable laws.
       (h) Levee Inspection.--
       (1) In general.--The Secretary shall carry out a one-time 
     inventory and inspection of all levees identified in the 
     national levee database.
       (2) No federal interest.--The inventory and inspection 
     under paragraph (1) does not create a Federal interest in the 
     construction, operation, or maintenance any levee that is 
     included in the inventory or inspected under this subsection.
       (3) Inspection criteria.--In carrying out the inventory and 
     inspection, the Secretary shall use the levee safety action 
     classification criteria to determine whether a levee should 
     be classified in the inventory as requiring a more 
     comprehensive inspection.
       (4) State and tribal participation.--At the request of a 
     State or Indian tribe with respect to any levee subject to 
     inspection under this subsection, the Secretary shall--
       (A) allow an official of the State or Indian tribe to 
     participate in the inspection of the levee; and
       (B) provide information to the State or Indian tribe 
     relating to the location, construction, operation, or 
     maintenance of the levee.
       (5) Exceptions.--In carrying out the inventory and 
     inspection under this subsection, the Secretary shall not be 
     required to inspect any levee that has been inspected by a 
     State or Indian tribe using the same methodology described in 
     paragraph (3) during the 1-year period immediately preceding 
     the date of enactment of this Act if the Governor of the 
     State or tribal government, as applicable, requests an 
     exemption from the inspection.
       (i) State and Tribal Levee Safety Program.--
       (1) Guidelines.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, in coordination with the Board, the 
     Secretary shall issue guidelines that establish the minimum 
     components necessary for recognition of a State or tribal 
     levee safety program as a participating program.
       (B) Guideline contents.--The guidelines under subparagraph 
     (A) shall include provisions and procedures requiring each 
     participating State and Indian tribe to certify to the 
     Secretary that the State or Indian tribe, as applicable--
       (i) has the authority to participate in the national levee 
     safety program;
       (ii) can receive funds under this title;
       (iii) has adopted any national levee safety guidelines 
     developed under this title;
       (iv) will carry out levee inspections;
       (v) will carry out, consistent with applicable 
     requirements, flood risk management and any emergency action 
     planning procedures the Secretary determines to be necessary 
     relating to levees;
       (vi) will carry out public education and awareness 
     activities consistent with the national public education and 
     awareness campaign established under subsection (f); and
       (vii) will collect and share information regarding the 
     location and condition of levees.
       (C) Public comment.--Prior to finalizing the guidelines 
     under this paragraph, the Secretary shall--
       (i) issue draft guidelines for public comment; and
       (ii) consider any comments received in the development of 
     final guidelines.
       (2) Grant program.--
       (A) Establishment.--The Secretary shall establish a program 
     under which the Secretary shall provide grants to assist 
     States and Indian tribes in establishing participating 
     programs, conducting levee inventories, and carrying out this 
     title.
       (B) Requirements.--To be eligible to receive grants under 
     this section, a State or Indian tribe shall--
       (i) meet the requirements of a participating program 
     established by the guidelines issued under paragraph (1);
       (ii) use not less than 25 percent of any amounts received 
     to identify and assess non-Federal levees within the State or 
     on land of the Indian tribe;
       (iii) submit to the Secretary any information collected by 
     the State or Indian tribe in carrying out this subsection for 
     inclusion in the national levee safety database; and
       (iv) identify actions to address hazard mitigation 
     activities associated with levees and leveed areas identified 
     in the hazard mitigation plan of the State approved by the 
     Administrator of the Federal Emergency Management Agency 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       (j) Levee Rehabilitation Assistance Program.--
       (1) Establishment.--The Secretary shall establish a program 
     under which the Secretary shall provide assistance to States, 
     Indian tribes, and local governments in addressing flood 
     mitigation activities that result in an overall reduction in 
     flood risk.
       (2) Requirements.--To be eligible to receive assistance 
     under this subsection, a State, Indian tribe, or local 
     government shall--
       (A) participate in, and comply with, all applicable Federal 
     floodplain management and flood insurance programs;
       (B) have in place a hazard mitigation plan that--
       (i) includes all levee risks; and
       (ii) complies with the Disaster Mitigation Act of 2000 
     (Public Law 106-390; 114 Stat. 1552);
       (C) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require; and
       (D) comply with such minimum eligibility requirements as 
     the Secretary, in consultation with the Board, may establish 
     to ensure that each owner and operator of a levee under a 
     participating State or tribal levee safety program--
       (i) acts in accordance with the guidelines developed in 
     subsection (c); and
       (ii) carries out activities relating to the public in the 
     leveed area in accordance with the hazard mitigation plan 
     described in subparagraph (B).
       (3) Floodplain management plans.--
       (A) In general.--Not later than 1 year after the date of 
     execution of a project agreement for assistance under this 
     subsection, a State, Indian tribe, or local government shall 
     prepare a floodplain management plan in accordance with the 
     guidelines under subparagraph (D) to reduce the impacts of 
     future flood events in each applicable leveed area.
       (B) Inclusions.--A plan under subparagraph (A) shall 
     address potential measures, practices, and policies to reduce 
     loss of life, injuries, damage to property and facilities, 
     public expenditures, and other adverse impacts of flooding in 
     each applicable leveed area.
       (C) Implementation.--Not later than 1 year after the date 
     of completion of construction of the applicable project, a 
     floodplain management plan prepared under subparagraph (A) 
     shall be implemented.
       (D) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop such 
     guidelines for the preparation of floodplain management plans 
     prepared under this paragraph as the Secretary determines to 
     be appropriate.
       (E) Technical support.--The Secretary may provide technical 
     support for the development and implementation of floodplain 
     management plans prepared under this paragraph.
       (4) Use of funds.--
       (A) In general.--Assistance provided under this subsection 
     may be used--
       (i) for any rehabilitation activity to maximize overall 
     risk reduction associated with a levee under a participating 
     State or tribal levee safety program; and
       (ii) only for a levee that is not federally operated and 
     maintained.
       (B) Prohibition.--Assistance provided under this subsection 
     shall not be used--
       (i) to perform routine operation or maintenance for a 
     levee; or
       (ii) to make any modification to a levee that does not 
     result in an improvement to public safety.
       (5) No proprietary interest.--A contract for assistance 
     provided under this subsection shall not be considered to 
     confer any proprietary interest on the United States.
       (6) Cost-share.--The maximum Federal share of the cost of 
     any assistance provided under this subsection shall be 65 
     percent.
       (7) Project limit.--The maximum amount of Federal 
     assistance for a project under this subsection shall be 
     $10,000,000.
       (8) Other laws.--Assistance provided under this subsection 
     shall be subject to all applicable laws (including 
     regulations) that apply to the construction of a civil works 
     project of the Corps of Engineers.
       (k) Effect of Section.--Nothing in this section--
       (1) affects the requirement under section 100226(b)(2) of 
     the Biggert-Waters Flood Insurance Reform Act of 2012 (42 
     U.S.C. 4101 note; 126 Stat. 942); or
       (2) confers any regulatory authority on--
       (A) the Secretary; or
       (B) the Director of the Federal Emergency Management 
     Agency, including for the purpose of setting premium rates 
     under the national flood insurance program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.).

     SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD.

       (a) Establishment.--The Secretary, in coordination with the 
     Administrator of the Federal Emergency Management Agency, 
     shall establish a board, to be known as the ``National Levee 
     Safety Advisory Board''--
       (1) to advise the Secretary and Congress regarding 
     consistent approaches to levee safety;
       (2) to monitor the safety of levees in the United States;
       (3) to assess the effectiveness of the national levee 
     safety program; and
       (4) to ensure that the national levee safety program is 
     carried out in a manner that is consistent with other Federal 
     flood risk management efforts.
       (b) Membership.--
       (1) Voting members.--The Board shall be composed of the 
     following 14 voting members, each of whom shall be appointed 
     by the Secretary, with priority consideration given to 
     representatives from those States that have the most Corps of 
     Engineers levees in the State, based on mileage:
       (A) 8 representatives of State levee safety programs, 1 
     from each of the civil works divisions of the Corps of 
     Engineers.
       (B) 2 representatives of the private sector who have 
     expertise in levee safety.
       (C) 2 representatives of local and regional governmental 
     agencies who have expertise in levee safety.
       (D) 2 representatives of Indian tribes who have expertise 
     in levee safety.
       (2) Nonvoting members.--The Secretary (or a designee of the 
     Secretary), the Administrator of the Federal Emergency 
     Management Agency (or a designee of the Administrator), and 
     the administrator of the national levee safety program 
     appointed under section 6004(b)(1)(A) shall serve as 
     nonvoting members of the Board.
       (3) Chairperson.--The voting members of the Board shall 
     appoint a chairperson from among the voting members of the 
     Board, to serve a term of not more than 2 years.
       (c) Qualifications.--
       (1) Individuals.--Each voting member of the Board shall be 
     knowledgeable in the field of

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     levee safety, including water resources and flood risk 
     management.
       (2) As a whole.--The membership of the Board, considered as 
     a whole, shall represent the diversity of skills required to 
     advise the Secretary regarding levee issues relating to--
       (A) engineering;
       (B) public communications;
       (C) program development and oversight;
       (D) with respect to levees, flood risk management and 
     hazard mitigation; and
       (E) public safety and the environment.
       (d) Terms of Service.--
       (1) In general.--A voting member of the Board shall be 
     appointed for a term of 3 years, except that, of the members 
     first appointed--
       (A) 5 shall be appointed for a term of 1 year;
       (B) 5 shall be appointed for a term of 2 years; and
       (C) 4 shall be appointed for a term of 3 years.
       (2) Reappointment.--A voting member of the Board may be 
     reappointed to the Board, as the Secretary determines to be 
     appropriate.
       (3) Vacancies.--A vacancy on the Board shall be filled in 
     the same manner as the original appointment was made.
       (e) Standing Committees.--
       (1) In general.--The Board shall be supported by Standing 
     Committees, which shall be comprised of volunteers from all 
     levels of government and the private sector, to advise the 
     Board regarding the national levee safety program.
       (2) Establishment.--The Standing Committees of the Board 
     shall include--
       (A) the Standing Committee on Participating Programs, which 
     shall advise the Board regarding--
       (i) the development and implementation of State and tribal 
     levee safety programs; and
       (ii) appropriate incentives (including financial 
     assistance) to be provided to States, Indian tribes, and 
     local and regional entities;
       (B) the Standing Committee on Technical Issues, which shall 
     advise the Board regarding--
       (i) the management of the national levee database;
       (ii) the development and maintenance of levee safety 
     guidelines;
       (iii) processes and materials for developing levee-related 
     technical assistance and training; and
       (iv) research and development activities relating to levee 
     safety;
       (C) the Standing Committee on Public Education and 
     Awareness, which shall advise the Board regarding the 
     development, implementation, and evaluation of targeted 
     public outreach programs--
       (i) to gather public input;
       (ii) to educate and raise awareness in leveed areas of 
     levee risks;
       (iii) to communicate information regarding participating 
     programs; and
       (iv) to track the effectiveness of public education efforts 
     relating to levee risks;
       (D) the Standing Committee on Safety and Environment, which 
     shall advise the Board regarding--
       (i) operation and maintenance activities for existing levee 
     projects;
       (ii) opportunities to coordinate public safety, floodplain 
     management, and environmental protection activities relating 
     to levees;
       (iii) opportunities to coordinate environmental permitting 
     processes for operation and maintenance activities at 
     existing levee projects in compliance with all applicable 
     laws; and
       (iv) opportunities for collaboration by environmental 
     protection and public safety interests in leveed areas and 
     adjacent areas; and
       (E) such other standing committees as the Secretary, in 
     consultation with the Board, determines to be necessary.
       (3) Membership.--
       (A) In general.--The Board shall recommend to the Secretary 
     for approval individuals for membership on the Standing 
     Committees.
       (B) Qualifications.--
       (i) Individuals.--Each member of a Standing Committee shall 
     be knowledgeable in the issue areas for which the Committee 
     is charged with advising the Board.
       (ii) As a whole.--The membership of each Standing 
     Committee, considered as a whole, shall represent, to the 
     maximum extent practicable, broad geographical diversity.
       (C) Limitation.--Each Standing Committee shall be comprised 
     of not more than 10 members.
       (f) Duties and Powers.--The Board--
       (1) shall submit to the Secretary and Congress an annual 
     report regarding the effectiveness of the national levee 
     safety program in accordance with section 6007; and
       (2) may secure from other Federal agencies such services, 
     and enter into such contracts, as the Board determines to be 
     necessary to carry out this subsection.
       (g) Task Force Coordination.--The Board shall, to the 
     maximum extent practicable, coordinate the activities of the 
     Board with the Federal Interagency Floodplain Management Task 
     Force.
       (h) Compensation.--
       (1) Federal employees.--Each member of the Board who is an 
     officer or employee of the United States shall serve without 
     compensation in addition to compensation received for the 
     services of the member as an officer or employee of the 
     United States, but shall be allowed a per diem allowance for 
     travel expenses, at rates authorized for an employee of an 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code, while away from the home or regular place of 
     business of the member in the performance of the duties of 
     the Board.
       (2) Non-federal employees.--To the extent amounts are made 
     available to carry out this section in appropriations Acts, 
     the Secretary shall provide to each member of the Board who 
     is not an officer or employee of the United States a stipend 
     and a per diem allowance for travel expenses, at rates 
     authorized for an employee of an agency under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     the home or regular place of business of the member in 
     performance of services for the Board.
       (3) Standing committee members.--Each member of a Standing 
     Committee shall--
       (A) serve in a voluntary capacity; but
       (B) receive a per diem allowance for travel expenses, at 
     rates authorized for an employee of an agency under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the home or regular place of business of the 
     member in performance of services for the Board.
       (i) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Board or 
     the Standing Committees.

     SEC. 6006. INVENTORY AND INSPECTION OF LEVEES.

       Section 9004(a)(2)(A) of the Water Resources Development 
     Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amended 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''.

     SEC. 6007. REPORTS.

       (a) State of Levees.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and biennially thereafter, the 
     Secretary in coordination with the Board, shall submit to 
     Congress a report describing the state of levees in the 
     United States and the effectiveness of the national levee 
     safety program, including--
       (A) progress achieved in implementing the national levee 
     safety program;
       (B) State and tribal participation in the national levee 
     safety program;
       (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 Board that describes the independent 
     recommendations of the Board for the implementation of the 
     national levee safety program.
       (b) National Dam and Levee Safety Program.--Not later than 
     3 years after the date of enactment of this Act, to the 
     maximum extent practicable, the Secretary, in coordination 
     with the Board, shall submit to Congress 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 Act, 
     the Comptroller General 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 national levee safety program 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 Act, 
     the Secretary shall submit to Congress 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.

     SEC. 6008. EFFECT OF TITLE.

       Nothing in this title--
       (1) establishes any liability of the United States or any 
     officer or employee of the United States (including the Board 
     and the Standing Committees of the Board) for any damages 
     caused by any action or failure to act; or
       (2) relieves an owner or operator of a levee of any legal 
     duty, obligation, or liability incident to the ownership or 
     operation of the levee.

     SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this title--
       (1) for funding the administration and staff of the 
     national levee safety program, the Board, the Standing 
     Committees of the Board, and participating programs, 
     $5,000,000 for each of fiscal years 2014 through 2023;
       (2) for technical programs, including the development of 
     levee safety guidelines, publications, training, and 
     technical assistance--
       (A) $5,000,000 for each of fiscal years 2014 through 2018;
       (B) $7,500,000 for each of fiscal years 2019 and 2020; and
       (C) $10,000,000 for each of fiscal years 2021 through 2023;
       (3) for public involvement and education programs, 
     $3,000,000 for each of fiscal years 2014 through 2023;

[[Page S3133]]

       (4) to carry out the levee inventory and inspections under 
     section 9004 of the Water Resources Development Act of 2007 
     (33 U.S.C. 3303), $30,000,000 for each of fiscal years 2014 
     through 2018;
       (5) for grants to State and tribal levee safety programs, 
     $300,000,000 for fiscal years 2014 through 2023; and
       (6) for levee rehabilitation assistance grants, 
     $300,000,000 for fiscal years 2014 through 2023.

                      TITLE VII--INLAND WATERWAYS

     SEC. 7001. PURPOSES.

       The purposes of this title are--
       (1) to improve program and project management relating to 
     the construction and major rehabilitation of navigation 
     projects on inland waterways;
       (2) to optimize inland waterways navigation system 
     reliability;
       (3) to minimize the size and scope of inland waterways 
     navigation project completion schedules;
       (4) to eliminate preventable delays in inland waterways 
     navigation project completion schedules; and
       (5) to make inland waterways navigation capital investments 
     through the use of prioritization criteria that seek to 
     maximize systemwide benefits and minimize overall system 
     risk.

     SEC. 7002. 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.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.

     SEC. 7003. PROJECT DELIVERY PROCESS REFORMS.

       (a) Requirements for Qualifying Projects.--With respect to 
     each qualifying project, the Secretary shall require--
       (1) formal project management training and certification 
     for each project manager;
       (2) assignment as project manager only of personnel fully 
     certified by the Chief of Engineers; and
       (3) for an applicable cost estimation, that--
       (A) the estimation--
       (i) is risk-based; and
       (ii) has a confidence level of at least 80 percent; and
       (B) a risk-based cost estimate shall be implemented--
       (i) for a qualified project that requires an increase in 
     the authorized amount in accordance with section 902 of the 
     Water Resources Development Act of 1986 (Public Law 99-662; 
     100 Stat. 4183), during the preparation of a post-
     authorization change report or other similar decision 
     document;
       (ii) for a qualified project for which the first 
     construction contract has not been awarded, prior to the 
     award of the first construction contract;
       (iii) for a qualified project without a completed Chief of 
     Engineers report, prior to the completion of such a report; 
     and
       (iv) for a qualified project with a completed Chief of 
     Engineers report that has not yet been authorized, during 
     design for the qualified 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 lessons learned 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 title and the 
     amendments made by this title, including, as the Secretary 
     determines to be appropriate--
       (A) the implementation of applicable practices and 
     procedures developed pursuant to management by the Secretary 
     of an applicable military construction program;
       (B) the establishment of 1 or more centers of expertise for 
     the design and review of qualifying projects;
       (C) the development and use of a portfolio of standard 
     designs for inland navigation locks;
       (D) the use of full-funding contracts or formulation of a 
     revised continuing contracts clause; and
       (E) 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 1 or more pilot projects to evaluate processes 
     or procedures for the study, design, or 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 User 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 
     report of the Chief of Engineers relating to those features 
     and components;
       ``(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) 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 on 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 redesignating subsection (c) as subsection (f); and
       (3) by inserting after subsection (b) the following:
       ``(c) Duties of Secretary.--The Secretary shall--
       ``(1) communicate not less 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 
     reports of the Chief of Engineers 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 conjunction with the Users Board, shall--
       ``(A) submit to Congress 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 such revisions to the program as the Secretary 
     and Users Board jointly consider to be 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) shall 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.''.

     SEC. 7004. MAJOR REHABILITATION STANDARDS.

       (a) In General.--The Secretary shall develop a methodology 
     for applying standard accounting principles when classifying 
     activities as major rehabilitation projects.
       (b) Evaluations.--The Secretary shall evaluate the effect 
     of applying the methodology developed under subsection (a) to 
     not less than 3 qualifying projects.
       (c) Report.--The Secretary shall submit to Congress a 
     report on the evaluation under subsection (b).

     SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES.

       (a) Findings.--Congress finds that--

[[Page S3134]]

       (1) there are approximately 12,000 miles of Federal 
     waterways, known as the inland waterways system, that are 
     supported by user fees and managed by the Corps of Engineers;
       (2) the inland waterways system spans 38 States and handles 
     approximately one-half of all inland waterway freight;
       (3) according to the final report of the Inland Marine 
     Transportation System Capital Projects Business Model, 
     freight traffic on the Federal fuel-taxed inland waterways 
     system accounts for 546,000,000 tons of freight each year;
       (4) expenditures for construction and major rehabilitation 
     projects on the inland waterways system are equally cost-
     shared between the Federal Government and the Inland 
     Waterways Trust Fund;
       (5) the Inland Waterways Trust Fund is financed through a 
     fee of $0.20 per gallon on fuel used by commercial barges;
       (6) the balance of the Inland Waterways Trust Fund has 
     declined significantly in recent years;
       (7) according to the final report of the Inland Marine 
     Transportation System Capital Projects Business Model, the 
     estimated financial need for construction and major 
     rehabilitation projects on the inland waterways system for 
     fiscal years 2011 through 2030 is approximately 
     $18,000,000,000; and
       (8) users of the inland waterways system are supportive of 
     an increase in the existing revenue sources for inland 
     waterways system construction and major rehabilitation 
     activities to expedite the most critical of those 
     construction and major rehabilitation projects.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the existing revenue sources for inland waterways 
     system construction and rehabilitation activities are 
     insufficient to cover the costs of non-Federal interests of 
     construction and major rehabilitation projects on the inland 
     waterways system; and
       (2) the issue described in paragraph (1) should be 
     addressed.

     SEC. 7006. EFFICIENCY OF REVENUE COLLECTION.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General 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.

                     TITLE VIII--HARBOR MAINTENANCE

     SEC. 8001. SHORT TITLE.

       This title may be cited as the ``Harbor Maintenance Trust 
     Fund Act of 2013''.

     SEC. 8002. PURPOSES.

       The purposes of this title are--
       (1) to ensure that revenues collected into the Harbor 
     Maintenance Trust Fund are used for the intended purposes of 
     those revenues;
       (2) to increase investment in the operation and maintenance 
     of United States ports, which are critical for the economic 
     competitiveness of the United States;
       (3) to promote equity among ports nationwide; and
       (4) to ensure United States ports are prepared to meet 
     modern shipping needs, including the capability to receive 
     large ships that require deeper drafts.

     SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       (a) Harbor Maintenance Trust Fund Guarantee.--
       (1) In general.--The total budget resources made available 
     from the Harbor Maintenance Trust Fund each fiscal year 
     pursuant to section 9505(c) of the Internal Revenue Code of 
     1986 (relating to expenditures from the Harbor Maintenance 
     Trust Fund) shall be equal to the level of receipts plus 
     interest credited to the Harbor Maintenance Trust Fund for 
     that fiscal year. Such amounts may be used only for harbor 
     maintenance programs described in section 9505(c) of such 
     Code.
       (2) Guarantee.--No funds may be appropriated for harbor 
     maintenance programs described in such section unless the 
     amount described in paragraph (1) has been provided.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Total budget resources.--The term ``total budget 
     resources'' means the total amount made available by 
     appropriations Acts from the Harbor Maintenance Trust Fund 
     for a fiscal year for making expenditures under section 
     9505(c) of the Internal Revenue Code of 1986.
       (2) Level of receipts plus interest.--The term ``level of 
     receipts plus interest'' means the level of taxes and 
     interest credited to the Harbor Maintenance Trust Fund under 
     section 9505 of the Internal Revenue Code of 1986 for a 
     fiscal year as set forth in the President's budget baseline 
     projection as defined in section 257 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-177; 
     99 Stat. 1092) for that fiscal year submitted pursuant to 
     section 1105 of title 31, United States Code.
       (c) Enforcement of Guarantees.--It shall not be in order in 
     the House of Representatives or the Senate to consider any 
     bill, joint resolution, amendment, motion, or conference 
     report that would cause total budget resources in a fiscal 
     year for harbor maintenance programs described in subsection 
     (b)(1) for such fiscal year to be less than the amount 
     required by subsection (a)(1) for such fiscal year.

     SEC. 8004. HARBOR MAINTENANCE TRUST FUND PRIORITIZATION.

       (a) In General.--Section 210 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2238) is amended by adding 
     at the end the following:
       ``(c) Prioritization.--
       ``(1) In general.--Of the amounts made available under this 
     section to carry out projects described in subsection (a)(2), 
     the Secretary of the Army, acting through the Chief of 
     Engineers, shall give priority to those projects in the 
     following order:
       ``(A) In any fiscal year in which all projects subject to 
     the harbor maintenance fee under section 24.24 of title 19, 
     Code of Federal Regulations (or successor regulation) are not 
     maintained to their authorized width and depth, the Secretary 
     shall prioritize amounts made available under this section 
     for those projects that are high-use deep draft.
       ``(B) In any fiscal year in which the projects described in 
     subparagraph (A) are maintained to their constructed width 
     and depth as of the date of enactment of the Water Resources 
     Development Act of 2013, the Secretary shall prioritize not 
     more than 20 percent of remaining amounts made available 
     under this section for projects--
       ``(i) that have been maintained at less than their 
     authorized width and depth during the preceding 5 fiscal 
     years; and
       ``(ii) for which significant State and local investments in 
     infrastructure have been made at those projects.
       ``(2) Administration.--For purposes of this subsection, 
     State and local investments in infrastructure shall include 
     infrastructure investments made using amounts made available 
     for activities under section 105(a)(9) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).
       ``(3) Application.--The prioritization criteria under 
     paragraph (1) shall not be implemented in any fiscal year in 
     which the guarantee in section 8003 of the Water Resources 
     Development Act of 2013 is not fully enforced.''.
       (b) Operation and Maintenance.--Section 101(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2211(b)) is 
     amended--
       (1) in paragraph (1), by striking ``45 feet'' and inserting 
     ``50 feet''; and
       (2) by adding at the end the following:
       ``(3) Operation and maintenance activities defined.--
       ``(A) Scope of operation and maintenance activities.--
     Notwithstanding any other provision of law (including 
     regulations and guidelines) and subject to subparagraph (B), 
     for purposes of this subsection, operation and maintenance 
     activities that are eligible for the Federal cost share under 
     paragraph (1) shall include--
       ``(i) the dredging of berths in a harbor that is accessible 
     to a Federal channel, if the Federal channel has been 
     constructed to a depth equal to the authorized depth of the 
     channel; and
       ``(ii) the dredging and disposal of legacy-contaminated 
     sediments and sediments unsuitable for ocean disposal that--

       ``(I) are located in or affect the maintenance of Federal 
     navigation channels; or
       ``(II) are located in berths that are accessible to Federal 
     channels.

       ``(B) Limitations.--
       ``(i) In general.--For each fiscal year, subparagraph (A) 
     shall only apply if all operation and maintenance activities 
     that are eligible for the Federal cost share under paragraph 
     (1) in a State described in clause (ii) have been funded.
       ``(ii) State limitation.--For each fiscal year, the 
     operation and maintenance activities described in 
     subparagraph (A) may only be carried out in a State--

       ``(I) in which the total amounts collected pursuant to 
     section 4461 of the Internal Revenue Code of 1986 comprise 
     not less than 2.5 percent annually of the total funding of 
     the Harbor Maintenance Trust Fund established under section 
     9505 of the Internal Revenue Code of 1986; and
       ``(II) that received less than 50 percent of the total 
     amounts collected in that State pursuant to section 4461 of 
     the Internal Revenue Code of 1986 in the previous 3 fiscal 
     years.

       ``(iii) Prioritization.--In allocating amounts made 
     available under this paragraph, the Secretary shall give 
     priority to projects that have received the lowest rate of 
     funding from the Harbor Maintenance Trust fund in the 
     previous 3 fiscal years.''.
       (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'' and inserting ``as in effect on the 
     date of the enactment of the Harbor Maintenance Trust Fund 
     Act of 2013''.

     SEC. 8005. CIVIL WORKS PROGRAM OF THE CORPS OF ENGINEERS.

       (a) Point of Order.--
       (1) In general.--Subject to subsections (b) and (c), it 
     shall not be in order in the House of Representatives or the 
     Senate to consider any bill, joint resolution, amendment, 
     motion, or conference report that would result in making the 
     amounts made available for a given fiscal year to carry out 
     all programs, projects, and activities of the civil works 
     program of the Corps of Engineers other than the harbor 
     maintenance programs to be less than the amounts made 
     available for those purposes in the previous fiscal year.
       (2) Calculation of amounts.--For each fiscal year, the 
     amounts made available to carry out all programs, projects, 
     and activities of the civil works program of the Corps of 
     Engineers shall not include any amounts that are designated 
     by Congress--
       (A) as being for emergency requirements pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or
       (B) as being for disaster relief pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(D)).
       (b) Exceptions.--Subsection (a) shall not apply if amounts 
     made available for the civil

[[Page S3135]]

     works program of the Corps of Engineers for a fiscal year is 
     less than the amounts made available for the civil works 
     program in the previous fiscal year if the reduction in 
     amounts made available--
       (1) applies to all discretionary funds and programs of the 
     Federal Government; and
       (2) is applied to the civil works program in the same 
     percentage and manner as other discretionary funds and 
     programs.
       (c) Waiver and Appeal.--
       (1) Senate.--
       (A) In general.--Subsection (a) may be waived or suspended 
     in the Senate only by an affirmative vote of 3/5 of the 
     Members of the Senate, duly chosen and sworn.
       (B) Appeal.--An affirmative vote of 3/5 of the Members of 
     the Senate, duly chosen and sworn, shall be required to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under subsection (a).
       (2) House of representatives.--The Committee on Rules of 
     the House of Representatives may not report a rule or order 
     that would waive a point of order to a bill or joint 
     resolution from being made under subsection (a).

                          TITLE IX--DAM SAFETY

     SEC. 9001. SHORT TITLE.

       This title may be cited as the ``Dam Safety Act of 2013''.

     SEC. 9002. PURPOSE.

       The purpose of this title and the amendments made by this 
     title is to reduce the risks to life and property from dam 
     failure in the United States through the reauthorization of 
     an effective national dam safety program that brings together 
     the expertise and resources of the Federal Government and 
     non-Federal interests in achieving national dam safety hazard 
     reduction.

     SEC. 9003. ADMINISTRATOR.

       (a) 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''.
       (b) Conforming Amendment.--Section 2 of the National Dam 
     Safety Program Act (33 U.S.C. 467) is amended--
       (1) by striking paragraph (3);
       (2) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (3) by inserting before paragraph (2) (as redesignated by 
     paragraph (2)) the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.''.

     SEC. 9004. 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''.

     SEC. 9005. NATIONAL DAM SAFETY PROGRAM.

       (a) 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 program to assist the 
     public in preparing for, mitigating, responding to, and 
     recovering from dam incidents;''.
       (b) 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''.

     SEC. 9006. 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 
     carry out a nationwide public awareness and outreach program 
     to assist the public in preparing for, mitigating, responding 
     to, and recovering from dam incidents.''.

     SEC. 9007. AUTHORIZATION OF APPROPRIATIONS.

       (a) National Dam Safety Program.--
       (1) 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 2014 through 2018''.
       (2) 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--
       (A) by striking ``The amount'' and inserting the following:
       ``(i) In general.--The amount''; and
       (B) by adding at the end the following:
       ``(ii) Fiscal year 2014 and subsequent fiscal years.--For 
     fiscal year 2014 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.''.
       (b) 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 2014 through 2018''.
       (c) Public Awareness.--Section 14 of the National Dam 
     Safety Program Act (33 U.S.C. 467j) (as so redesignated) is 
     amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) 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 2014 through 2018.''.
       (d) 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 2014 through 
     2018''.
       (e) 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 2014 
     through 2018''.
       (f) 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 2014 through 
     2018''.

              TITLE X--INNOVATIVE FINANCING PILOT PROJECTS

     SEC. 10001. SHORT TITLE.

       This title may be cited as the ``Water Infrastructure 
     Finance and Innovation Act of 2013''.

     SEC. 10002. PURPOSES.

       The purpose of this title is to establish a pilot program 
     to assess the ability of innovative financing tools to--
       (1) promote increased development of critical water 
     resources infrastructure by establishing additional 
     opportunities for financing water resources projects that 
     complement but do not replace or reduce existing Federal 
     infrastructure financing tools such as the State water 
     pollution control revolving loan funds established under 
     title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.) and the State drinking water treatment 
     revolving loan funds established under section 1452 of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12);
       (2) attract new investment capital to infrastructure 
     projects that are capable of generating revenue streams 
     through user fees or other dedicated funding sources;
       (3) complement existing Federal funding sources and address 
     budgetary constraints on the Corps of Engineers civil works 
     program and existing wastewater and drinking water 
     infrastructure financing programs;
       (4) leverage private investment in water resources 
     infrastructure;
       (5) align investments in water resources infrastructure to 
     achieve multiple benefits; and
       (6) assist communities facing significant water quality, 
     drinking water, or flood risk challenges with the development 
     of water infrastructure projects.

     SEC. 10003. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Community water system.--The term ``community water 
     system'' has the meaning given the term in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f).
       (3) Federal credit instrument.--The term ``Federal credit 
     instrument'' means a secured loan or loan guarantee 
     authorized to be made available under this title with respect 
     to a project.
       (4) Investment-grade rating.--The term ``investment-grade 
     rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
     (low), or higher assigned by a rating agency to project 
     obligations.
       (5) Lender.--
       (A) In general.--The term ``lender'' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or a 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)).
       (B) Inclusions.--The term ``lender'' includes--
       (i) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       (ii) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       (6) Loan guarantee.--The term ``loan guarantee'' means any 
     guarantee or other pledge by the Secretary or the 
     Administrator to pay all or part of the principal of, and 
     interest on, a loan or other debt obligation issued by an 
     obligor and funded by a lender.
       (7) Obligor.--The term ``obligor'' means an eligible entity 
     that is primarily liable for payment of the principal of, or 
     interest on, a Federal credit instrument.
       (8) Project obligation.--
       (A) In general.--The term ``project obligation'' means any 
     note, bond, debenture, or other debt obligation issued by an 
     obligor in connection with the financing of a project.
       (B) Exclusion.--The term ``project obligation'' does not 
     include a Federal credit instrument.
       (9) Rating agency.--The term ``rating agency'' means a 
     credit rating agency registered with the Securities and 
     Exchange Commission as a nationally recognized statistical 
     rating organization (as defined in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
       (10) Secured loan.--The term ``secured loan'' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 10010.
       (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

[[Page S3136]]

     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. 10004. AUTHORITY TO PROVIDE ASSISTANCE.

       (a) In General.--The Secretary and the Administrator may 
     provide financial assistance under this title 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 title that are eligible projects under 
     section 10007(1).
       (2) Administrator.--The Administrator shall carry out all 
     pilot projects under this title that are eligible projects 
     under paragraphs (2), (3), (4), (5), (6), and (8) of section 
     10007.
       (3) Other projects.--The Secretary or the Administrator, as 
     applicable, may carry out eligible projects under paragraph 
     (7) or (9) of section 10007.

     SEC. 10005. APPLICATIONS.

       (a) In General.--To receive assistance under this title, 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 10007, the 
     Secretary or the Administrator, as applicable, shall require 
     the eligible entity to submit a single application for the 
     combined group of projects.

     SEC. 10006. ELIGIBLE ENTITIES.

       The following entities are eligible to receive assistance 
     under this title:
       (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. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE.

       The following projects may be carried out with amounts made 
     available under this title:
       (1) A project for flood control or hurricane and storm 
     damage reduction that the Secretary has determined is 
     technically sound, economically justified, and 
     environmentally acceptable, including--
       (A) a structural or nonstructural measure to reduce flood 
     risk, enhance stream flow, or protect natural resources; and
       (B) a levee, dam, tunnel, aqueduct, reservoir, or other 
     related water infrastructure.
       (2) 1 or more activities that are eligible for assistance 
     under section 603(c) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1383(c)), notwithstanding the public ownership 
     requirement under paragraph (1) of that subsection.
       (3) 1 or more activities described in section 1452(a)(2) of 
     the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)).
       (4) A project for enhanced energy efficiency in the 
     operation of a public water system 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.
       (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. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

       For purposes of this title, 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 10007(7)), 
     construction contingencies, and acquisition of equipment;
       (4) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction; and
       (5) refinancing interim construction funding, long-term 
     project obligations, or a secured loan or loan guarantee made 
     under this title.

     SEC. 10009. DETERMINATION OF ELIGIBILITY AND PROJECT 
                   SELECTION.

       (a) Eligibility Requirements.--To be eligible to receive 
     financial assistance under this title, a project shall meet 
     the following criteria, as determined by the Secretary or 
     Administrator, as applicable:
       (1) Creditworthiness.--
       (A) In general.--Subject to subparagraph (B), the project 
     shall be creditworthy, which shall be determined by the 
     Secretary or the Administrator, as applicable, who shall 
     ensure that any financing for the project has appropriate 
     security features, such as a rate covenant, to ensure 
     repayment.
       (B) Preliminary rating opinion letter.--The Secretary or 
     the Administrator, as applicable, shall require each project 
     applicant to provide a preliminary rating opinion letter from 
     at least 1 rating agency indicating that the senior 
     obligations of the project (which may be the Federal credit 
     instrument) have the potential to achieve an investment-grade 
     rating.
       (C) Special rule for certain combined projects.--The 
     Administrator shall develop a credit evaluation process for a 
     Federal credit instrument provided to a State infrastructure 
     financing authority for a project under section 10007(8) or 
     an entity for a project under section 10007(9), which may 
     include requiring the provision of a preliminary rating 
     opinion letter from at least 1 rating agency.
       (2) Eligible project costs.--The eligible project costs of 
     a project shall be reasonably anticipated to be not less than 
     $20,000,000.
       (3) Dedicated revenue sources.--The Federal credit 
     instrument for the project shall be repayable, in whole or in 
     part, from dedicated revenue sources that also secure the 
     project obligations.
       (4) Public sponsorship of private entities.--In the case of 
     a project carried out by an entity that is not a State or 
     local government or an agency or instrumentality of a State 
     or local government, the project shall be publicly sponsored.
       (5) Limitation.--No project receiving Federal credit 
     assistance under this title may be financed or refinanced 
     (directly or indirectly), in whole or in part, with proceeds 
     of any obligation--
       (A) the interest on which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986; or
       (B) with respect to which credit is allowable under subpart 
     I or J of part IV of subchapter A of chapter 1 of such Code.
       (b) Selection Criteria.--
       (1) Establishment.--The Secretary or the Administrator, as 
     applicable, shall establish criteria for the selection of 
     projects that meet the eligibility requirements of subsection 
     (a), in accordance with paragraph (2).
       (2) Criteria.--The selection criteria shall include the 
     following:
       (A) The extent to which the project is nationally or 
     regionally significant, with respect to the generation of 
     economic and public benefits, such as--
       (i) the reduction of flood risk;
       (ii) the improvement of water quality and quantity, 
     including aquifer recharge;
       (iii) the protection of drinking water; and
       (iv) the support of international commerce.
       (B) The extent to which the project financing plan includes 
     public or private financing in addition to assistance under 
     this title.
       (C) The likelihood that assistance under this title would 
     enable the project to proceed at an earlier date than the 
     project would otherwise be able to proceed.
       (D) The extent to which the project uses new or innovative 
     approaches.
       (E) The amount of budget authority required to fund the 
     Federal credit instrument made available under this title.
       (F) The extent to which the project--
       (i) protects against extreme weather events, such as floods 
     or hurricanes; or
       (ii) helps maintain or protect the environment.
       (G) The extent to which a project serves regions with 
     significant energy exploration, development, or production 
     areas.
       (H) The extent to which a project serves regions with 
     significant water resource challenges, including the need to 
     address--
       (i) water quality concerns in areas of regional, national, 
     or international significance;
       (ii) water quantity concerns related to groundwater, 
     surface water, or other water sources;
       (iii) significant flood risk;
       (iv) water resource challenges identified in existing 
     regional, State, or multistate agreements; or
       (v) water resources with exceptional recreational value or 
     ecological importance.
       (I) The extent to which assistance under this title reduces 
     the contribution of Federal assistance to the project.
       (3) Special rule for certain combined projects.--For a 
     project described in section 10007(8), the Administrator 
     shall only consider the criteria described in subparagraphs 
     (B) through (I) of paragraph (2).
       (c) Federal Requirements.--Nothing in this section 
     supersedes the applicability of other requirements of Federal 
     law (including regulations).

[[Page S3137]]

     SEC. 10010. SECURED LOANS.

       (a) Agreements.--
       (1) In general.--Subject to paragraphs (2) through (4), 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--
       (A) to finance eligible project costs of any project 
     selected under section 10009;
       (B) to refinance interim construction financing of eligible 
     project costs of any project selected under section 10009; or
       (C) to refinance long-term project obligations or Federal 
     credit instruments, if that refinancing provides additional 
     funding capacity for the completion, enhancement, or 
     expansion of any project that--
       (i) is selected under section 10009; or
       (ii) otherwise meets the requirements of section 10009.
       (2) Limitation on refinancing of interim construction 
     financing.--A secured loan under paragraph (1) shall not be 
     used to refinance interim construction financing under 
     paragraph (1)(B) later than 1 year after the date of 
     substantial completion of the applicable project.
       (3) 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 preliminary 
     rating opinion letter under section 10009(a)(1)(B), shall 
     determine an appropriate capital reserve subsidy amount for 
     the secured loan, taking into account each such preliminary 
     rating opinion letter.
       (4) 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 not later than 35 years after the 
     date of substantial completion of the relevant 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 
     title, the total amount of Federal assistance shall not 
     exceed 80 percent of the total project cost.
       (B) Exception.--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.
       (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 title 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. 10011. 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 title.
       (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 title.
       (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 title.
       (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 title.
       (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 title in the same manner that section 
     applies to a treatment works for which a grant is made 
     available under that Act.

     SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS.

       The provision of financial assistance for project under 
     this title shall not--
       (1) relieve any recipient of the assistance of any 
     obligation to obtain any required State, 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

[[Page S3138]]

       (3) otherwise supersede any State, local, or tribal law 
     (including any regulation) applicable to the construction or 
     operation of the project.

     SEC. 10013. 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 title.

     SEC. 10014. FUNDING.

       (a) In General.--There is authorized to be appropriated to 
     each of the Secretary and the Administrator to carry out this 
     title $50,000,000 for each of fiscal years 2014 through 2018, 
     to remain available until expended.
       (b) Administrative Costs.--Of the funds made available to 
     carry out this title, the Secretary or the Administrator, as 
     applicable, may use for the administration of this title, 
     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 
     2014 through 2018.

     SEC. 10015. REPORT TO CONGRESS.

       Not later than 2 years after the date of enactment of this 
     Act, and every 2 years thereafter, the Secretary or the 
     Administrator, as applicable, shall submit to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report summarizing for the projects that 
     are receiving, or have received, assistance under this 
     title--
       (1) the financial performance of those projects, including 
     a recommendation as to whether the objectives of this title 
     are being met; and
       (2) the public benefit provided by those projects, 
     including, as applicable, water quality and water quantity 
     improvement, the protection of drinking water, and the 
     reduction of flood risk.

                       TITLE XI--EXTREME WEATHER

     SEC. 11001. 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 historical extreme weather events and 
     the ability of existing infrastructure to mitigate risks 
     associated with those events;
       (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. 11002. GAO STUDY ON MANAGEMENT OF FLOOD, DROUGHT, AND 
                   STORM DAMAGE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a study of the strategies 
     used by the Corps of Engineers for the comprehensive 
     management of water resources in response to floods, storms, 
     and droughts, including an historical review of the ability 
     of the Corps of Engineers to manage and respond to historical 
     drought, storm, and flood events.
       (b) Considerations.--The study under subsection (a) shall 
     address--
       (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; and
       (6) 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. 11003. 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, or ecosystem restoration project recommendations 
     that will help to rehabilitate and improve the resiliency of 
     damaged infrastructure and natural resources to reduce risks 
     to human life and property from future natural disasters.
       (2) Existing projects.--A watershed assessment carried out 
     paragraph (1) may identify existing projects being carried 
     out under 1 or more of the authorities referred to in 
     subsection (b) (1).
       (3) Duplicate watershed assessments.--In carrying out a 
     watershed assessment under paragraph (1), the Secretary shall 
     use all existing watershed assessments and related 
     information developed by the Secretary or other Federal, 
     State, or local entities.
       (b) Projects.--
       (1) In general.--The Secretary may carry out 1 or more 
     small projects identified in a watershed assessment under 
     subsection (a) that the Secretary would otherwise be 
     authorized to carry out under--
       (A) section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s);
       (B) section 111 of the River and Harbor Act of 1968 (33 
     U.S.C. 426i);
       (C) section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330);
       (D) section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a);
       (E) section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577); or
       (F) section 3 of the Act of August 13, 1946 (33 U.S.C. 
     426g).
       (2) Existing projects.--In carrying out a project under 
     paragraph (1), the Secretary shall--
       (A) to the maximum extent practicable, use all existing 
     information and studies available for the project; and
       (B) not require any element of a study completed for the 
     project prior to the disaster to be repeated.
       (c) Requirements.--All requirements applicable to a project 
     under the Acts described in subsection (b) shall apply to the 
     project.
       (d) Limitations on Assessments.--
       (1) In general.--A watershed assessment under subsection 
     (a) shall be initiated not later than 2 years after the date 
     on which the major disaster declaration is issued.
       (2) Federal share.--The Federal share of the cost of 
     carrying out a watershed assessment under subsection (a) 
     shall not exceed $1,000,000.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2014 through 2018.

  Mr. COWAN. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Mrs. BOXER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Madam President, what is the order at this time?
  The PRESIDING OFFICER. The bill S. 601 is pending.

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