[Congressional Record Volume 159, Number 68 (Wednesday, May 15, 2013)]
[Senate]
[Pages S3444-S3496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                WATER RESOURCES DEVELOPMENT ACT OF 2013

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 601, which the clerk will 
report.
  The legislative 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.

  Pending:

       Hoeven amendment No. 909, to restrict charges for certain 
     surplus water.


                           Amendment No. 815

  Mr. COBURN. Mr. President, I ask to set aside the pending amendment 
and call up amendment No. 815.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn], for himself, Mr. 
     McCain, and Mr. Flake, proposes an amendment numbered 815.

  The amendment is as follows:

  (Purpose: To stop Federal subsidies for ongoing beach renourishment 
                    from being extended to 65 years)

       Strike section 2030.


                           Amendment No. 816

  Mr. COBURN. Mr. President, I ask to set aside the pending amendment 
and call up amendment No. 816.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn], for himself, Mrs. 
     McCaskill, and Mr. McCain, proposes an amendment numbered 
     816.

  Mr. COBURN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

    (Purpose: To remove restrictions on projects the Infrastructure 
                Deauthorization Commission may consider)

       In section 2049(b)(5), strike subparagraph (C).
  Mr. COBURN. Mr. President, I have a question for the chairman through 
the Chair, if I might.
  Mrs. BOXER. Yes.
  Mr. COBURN. My question on the deauthorizing commission would be why 
would they not take into consideration all of the things the Senator 
just mentioned before they would recommend deauthorizing a program, if, 
in fact, the only reason they would not deauthorize it was because it 
was spending money that is not going to have a positive purpose.
  So my question is, you trust the deauthorizing committee for all 
these other areas, but you do not trust their judgment to look at 
projects that are ongoing. Why would we think they would not make a 
positive decision in the best interests of the country?
  Mrs. BOXER. I would answer my friend in this way. This is a new 
commission. We set it up in the bill. It has never worked before. We do 
not know how it will work. So we thought, for starters, let's go after 
the older projects, see how it works, and any day we could come back 
and add more authority. But we think, if there are active projects, it 
sends a very confusing signal to the folks back home.
  We think this is the way to start it. It is smart. We have never had 
this commission before. I am very proud that we have it in here. I know 
my colleague supports the commission. He is already wanting to expand 
it. But I think we start this way, and then if it looks like we can 
give them more authority, we can. By the way, any day of the week 
Congress could deauthorize as well.
  Mr. COBURN. The point I would make is the following: The big problem 
with WRDA bills is they become parochial in nature. So what we have 
excluded is everything since 1996 forward, which actually includes the 
present Members of Congress in terms of projects, their parochial 
wishes. So what we have done is we have said: You may not be capable of 
defunding or deauthorizing something else, but if it is new, you do not 
have the opportunity to do that. So what we are doing is we are 
protecting interests.
  I yield back.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mrs. BOXER. Mr. President, I very much respect my friend. I know his 
intention is the best. But I do have to say there is not one earmark in 
this bill. He should be so proud of both sides of the aisle in this 
committee--not one earmark--and we do not tell the commission what they 
can and cannot do. But we do set some parameters because we do believe, 
as we start this deauthorization commission, it ought to go after the 
older projects. But projects that are active, let them get a chance to 
move forward. There are no earmarks in this bill. I kind of resent it, 
in a nice way. I am not angry about it. But, believe me, there is no 
intention to protect earmarks here at all.
  So I hope we will vote no. I think we are starting something new, 
something good. It is a huge reform. We have a deauthorization 
commission, but let's start them with the older projects. Let's track 
it. If we feel we should move forward with more reform, I am certainly 
open to it.
  I yield the floor and hope for a ``no'' vote on this amendment.
  Ms. MIKULSKI. Mr. President, I rise in strong opposition to Senator 
Coburn's amendment on beach renourishment. The Water Resources 
Development Act extends Federal funding for beach renourishment 
projects from 50 to 65 years. Senator Coburn's amendment would strike 
the new 15-year extension.
  In my state of Maryland, we have a very successful beach 
renourishment project along the Atlantic coast in Ocean City. Ocean 
City is the beach destination for many in the Mid-Atlantic region. The 
purpose of this Army Corps of Engineers project is not to protect a 
recreational beach but to provide hurricane protection for citizens and 
for the billions of dollars in public and private infrastructure.
  Following severe storms in the late 1980s and early 1990s, Ocean 
City's beach was severally eroded, threatening the homes and private 
businesses along the coastline and on the mainland. This is when the 
State of Maryland and the Army Corps of Engineers constructed the 
Atlantic Coast of Maryland Hurricane Shoreline Protection Project to 
provide an essential buffer that saves lives and protects communities.
  The Army Corps of Engineers built a steel sheet pile bulkhead along 
the boardwalk. They placed sand along the coastline to widen and raise 
the beach and constructed a vegetated sand dune. Every 4 years, the 
Army Corps of Engineers must reinforce the beach barrier by 
replenishing sand.
  Since its completion, the project has repeatedly demonstrated its 
value by preventing more than $240 million in damages. Most recently, 
this project successfully protected the residents of Ocean City and 
Worcester County from Superstorm Sandy. The project protected billions 
of dollars in public and private infrastructure and jobs.
  Approximately $48 million of Federal funding has gone toward this 
project. This is a small investment considering the billions it would 
take to rebuild Ocean City's homes, businesses, and hotels along the 
Atlantic Ocean. I urge my colleagues to oppose Senator Coburn's 
amendment.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to 
amendment No. 815.
  Mr. COBURN. I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Lautenberg), the Senator from Washington (Mrs. Murray), and the Senator 
from Florida (Mr. Nelson) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Florida (Mr. Nelson) would vote ``nay.''
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Alaska (Ms. Murkowski).
  The PRESIDING OFFICER (Ms. Heitkamp). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 43, nays 53, as follows:

                      [Rollcall Vote No. 121 Leg.]

                                YEAS--43

     Alexander
     Ayotte
     Barrasso
     Bennet
     Blunt
     Boozman
     Coats
     Coburn
     Collins
     Corker
     Cornyn
     Crapo
     Cruz
     Donnelly
     Enzi

[[Page S3445]]


     Fischer
     Flake
     Grassley
     Hatch
     Heinrich
     Heller
     Hoeven
     Inhofe
     Johanns
     Johnson (WI)
     King
     Kirk
     Klobuchar
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Whitehouse

                                NAYS--53

     Baldwin
     Baucus
     Begich
     Blumenthal
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Coons
     Cowan
     Durbin
     Feinstein
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Heitkamp
     Hirono
     Isakson
     Johnson (SD)
     Kaine
     Landrieu
     Leahy
     Levin
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murphy
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Warren
     Wicker
     Wyden

                             NOT VOTING--4

     Lautenberg
     Murkowski
     Murray
     Nelson
  The amendment (No. 815) was rejected.
  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 816 offered by the Senator from Oklahoma, Mr. Coburn.
  Mr. COBURN. Madam President, I ask for the yeas and nays on my 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  Mrs. BOXER. Madam President, I believe there is 2 minutes equally 
divided. Could I ask my friend if he wishes to make a statement.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Amendment No. 816 expands the review commission so that, 
in fact, it can look at everything. We have given them the 
responsibility.
  What the bill does is a great first step, but it protects all the 
earmarks from 1996 forward, so we are not going to look at any of 
those. We are not going to allow the review commission, the 
deauthorizing commission, to make recommendations on everything. We are 
going to select what they will look at.
  If we trust them to look at the other things, we ought to trust them 
to look at all of it. We do have an opportunity to turn them down if, 
in fact, they are trying to deauthorize something the Congress thinks 
shouldn't be deauthorized.
  Mrs. BOXER. Madam President, I urge a ``no'' vote. Colleagues, please 
hear me out. This amendment would expand the authority of a newly 
created infrastructure deauthorization commission and allow projects in 
your State to be stopped midstream--active projects, projects that have 
local funds flowing into them and private funds flowing into them. This 
is a bridge too far.
  I am very proud of the work Senator Vitter and I have done in setting 
up this commission. We have very clear rules about what the commission 
could look at, and we protect projects that are active. We say to them: 
Go after the inactive projects, stop them, and save taxpayer dollars.
  Please, let's have a good ``no'' vote on this one.
  Mr. COBURN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Lautenberg) and the Senator from Washington (Mrs. Murray) are 
necessarily absent.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Alaska (Ms. Murkowski) and the Senator from Idaho (Mr. 
Risch).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 35, nays 61, as follows:

                      [Rollcall Vote No. 122 Leg.]

                                YEAS--35

     Ayotte
     Blunt
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     Cruz
     Donnelly
     Enzi
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Isakson
     Johanns
     Johnson (WI)
     King
     Kirk
     Lee
     McCain
     McCaskill
     Moran
     Murphy
     Paul
     Roberts
     Rubio
     Scott
     Thune
     Toomey
     Whitehouse

                                NAYS--61

     Alexander
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Boozman
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Coons
     Cowan
     Durbin
     Feinstein
     Fischer
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Inhofe
     Johnson (SD)
     Kaine
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     McConnell
     Menendez
     Merkley
     Mikulski
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Warren
     Wicker
     Wyden

                             NOT VOTING--4

     Lautenberg
     Murkowski
     Murray
     Risch
  The amendment (No. 816) was rejected.


                           Amendment No. 822

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 822 offered by the Senator from Arkansas, Mr. Boozman.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Before I turn to my colleague from Arkansas, I want to 
say that I support his amendment, and I believe he will be happy to 
have a voice vote. I hope that is OK with everyone. I think it is a 
very good amendment, and I ask him to explain it, if we could have 
order for him, please.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. BOOZMAN. Madam President, this is a commonsense amendment. All it 
does is allow the Corps of Engineers to participate in the interagency 
America the Beautiful Pass Program. It just allows military families to 
participate in the same way they already do with the National Park 
Service, the Bureau of Land Management, the Fish and Wildlife Service, 
the Forest Service, and the Bureau of Reclamation.
  Madam President, I call up the amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant bill clerk read as follows:

       The Senator from Arkansas [Mr. Boozman] proposes an 
     amendment numbered 822.

  The amendment is as follows:

(Purpose: To authorize the Secretary to participate in the America the 
 Beautiful National Parks and Federal Recreational Lands Pass program)

       At the end of the bill, add the following:

                        TITLE XII--MISCELLANEOUS

     SEC. 12001. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
                   RECREATIONAL LANDS PASS PROGRAM.

       The Secretary may participate in the America the Beautiful 
     National Parks and Federal Recreational Lands Pass program in 
     the same manner as the National Park Service, the Bureau of 
     Land Management, the United States Fish and Wildlife Service, 
     the Forest Service, and the Bureau of Reclamation, including 
     the provision of free annual passes to active duty military 
     personnel and dependents.

  Mr. BOOZMAN. Again, ditto. This is a very commonsense amendment, and 
I think we can all agree to it.
  The PRESIDING OFFICER. Who yields time in opposition?
  Mrs. BOXER. We yield back all of our time, and we ask for a voice 
vote.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 822) was agreed to.
  Mrs. BOXER. I move to reconsider the vote and to lay that motion on 
the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 866

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 866, offered by the Senator from Oregon, Mr. Merkley.
  Mrs. BOXER. Madam President, I support the Merkley amendment. I hope 
we will have an overwhelming vote on it, and I ask my colleague to take 
the remaining time.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Madam President, I call up amendment No. 866.

[[Page S3446]]

  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant bill clerk read as follows:

       The Senator from Oregon [Mr. Merkley], for himself and Mr. 
     Brown, proposes an amendment numbered 866.

  The amendment is as follows:

(Purpose: To require the use of American iron, steel, and manufactured 
             good for innovative financing pilot projects)

       At the end of title X, add the following:

     SEC. 100__. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   GOODS.

       (a) In General.--Except as provided in subsection (b), none 
     of the amounts made available under this Act may be used for 
     the construction, alteration, maintenance, or repair of a 
     project eligible for assistance under this title unless all 
     of the iron, steel, and manufactured goods used in the 
     project are produced in the United States.
       (b) Exception.--Subsection (a) shall not apply in any case 
     or category of cases in which the Secretary finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) Public Notice.--If the Secretary determines that it is 
     necessary to waive the application of subsection (a) based on 
     a finding under subsection (b), the Secretary shall publish 
     in the Federal Register a detailed written justification as 
     to why the provision is being waived.
       (d) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.

  Mr. MERKLEY. Madam President, we have long recognized the principle 
that when taxpayers are paying for public infrastructure projects, it 
makes sense for American business, for the American economy, for our 
workers to do as much of the work as possible to create that supply 
chain in America.
  The ``Buy American'' rules we already have on the books provide the 
foundation for millions of miles of roads, bridges, light rail, and 
subways and millions of good-paying jobs. This amendment extends that 
concept with appropriate waivers for cost, for supply chain 
inadequacies, or for public interest.
  With that, I turn this over to my colleague for this bipartisan 
amendment, and I ask for my colleagues' support.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. VITTER. Madam President, I also strongly support the amendment. 
This is a commonsense ``Buy American'' provision, which is completely 
consistent with what we did on the recent highway bill in a bipartisan 
way which created no controversy, no debate at the time. I support the 
amendment.
  The PRESIDING OFFICER. The Senator's time has expired.
  Who yields time in opposition?
  The Senator from Utah.
  Mr. LEE. Madam President, I speak in opposition to this amendment.
  While I understand the concern underlying it, I also have significant 
concerns as to what this would do. In some circumstances, this could 
increase the cost of materials in some Federal projects by close to 25 
percent. So if we are talking about $1 billion worth of materials, we 
are talking almost $250 million of increased cost for certain materials 
this could bring about.
  I thank the Chair.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 866.
  Mr. WICKER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Lautenberg), the Senator from Washington (Mrs. Murray), and the Senator 
from Massachusetts (Mrs. Warren) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mrs. Warren) would vote ``yea.''
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Alaska (Ms. Murkowski).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 60, nays 36, as follows:

                      [Rollcall Vote No. 123 Leg.]

                                YEAS--60

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Coons
     Cowan
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murphy
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Vitter
     Whitehouse
     Wyden

                                NAYS--36

     Alexander
     Ayotte
     Barrasso
     Blunt
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Thune
     Toomey
     Warner
     Wicker

                             NOT VOTING--4

     Lautenberg
     Murkowski
     Murray
     Warren
  The amendment (No. 866) was agreed to.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. UDALL of New Mexico. Madam President, my amendment would sunset 
the so-called project acceleration provisions in 5 years. These 
provisions are untested. They were not the subject of any hearings of 
our committee. They were added at the last minute, before the markup, 
and they changed what I think is the bedrock National Environmental 
Policy Act. They set arbitrary deadlines. Rushed decisions lead to 
delays later and mistakes in litigation. Haste makes waste, both for 
taxpayer dollars and for natural resources.
  The administration doesn't want these changes. Yesterday, the 
chairwoman heeded our call and changed the bill. The provisions will 
now sunset in 10 years. I believe this is a step in the right 
direction, but make no mistake, these provisions are still a very risky 
move. If this gets worse, these provisions could risk a Presidential 
veto.
  I know the chairwoman has committed to me that we could have a 
hearing on the provisions that are in the law, the MA-21 provisions; 
that EPA--I ask for 30 seconds.
  Mrs. BOXER. I ask the Senator have 30 seconds more.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. UDALL of New Mexico. The chairwoman committed the relevant 
Federal resource agencies on MAP-21 that have similar provisions here. 
They are in the law. The resource agencies can come before our 
committee. We can have questioning. The chairwoman will be there. We 
can have the CEQ or whomever be a part of that.
  I very much appreciate the chairwoman working with me. Because she is 
working with me, I am not going to move forward. I am not going to 
offer the amendment at this time.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, I ask unanimous consent that I have a 
minute and a half.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Madam President, I thank my colleague for not offering 
his amendment. He and I see this very differently. But first I wish to 
say I have committed to a hearing. I told my colleague he can get as 
much time as he wants, but I have to correct the record.
  My colleague said this project delivery reform was a last minute 
addition. Project delivery reform was in the bill as it was voted out 
of committee, without a dissenting vote.
  Let me reiterate: This is not a last minute issue. Project delivery 
reform was in the bill when it got voted out. Here is why--two reasons. 
One is projects are being delayed--environmental projects, flood 
control projects; they are being delayed. Some delay is necessary--when 
there is new information--and they could still have a delay.
  What we do in this bill--and it has been changed for the better, I 
think my

[[Page S3447]]

colleague is right on that--is we sunset the provision in 10 years.
  For the first time in history, the resource agencies my friend and I 
care so much about, such as Fish and Wildlife, EPA, and all the rest, 
will be in the room with the corps setting the deadlines. It is very 
important that we get our job done. Bureaucratic agencies have to get 
the work done as well.
  I think this reform is one we will be proud of, and I look forward to 
those hearings.
  I thank my colleague. We will get on with this and make sure this 
reform works the way we anticipate it will.
  I yield the floor.


                     Amendment No. 909, as Modified

  The PRESIDING OFFICER. Under the previous order, there will now be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 909, offered by the Senator from North Dakota.
  The Senator from North Dakota.
  Mr. HOEVEN. Madam President, I understand that my amendment has 
already been handed in. I will point out that I have a modification at 
the desk.
  This is a very simple amendment. It provides that the Corps of 
Engineers cannot charge a State or a tribe or municipality--
  Mrs. BOXER. Madam President, the Senate is not in order. I believe 
this is our last amendment, and this is an important amendment to my 
friend. It is also important to many States. It would be nice if we 
could show the Senator some courtesy.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. HOEVEN. Madam President, I thank my colleague from California.
  I would also like to thank both Senator Boxer and Senator Vitter for 
their work on this amendment. I appreciate it very much.
  This is a very simple amendment. It says that the Corps of Engineers 
cannot charge a State fees for water when it violates the State's water 
rights. It affects municipalities and tribes as well. We have made sure 
it does not score under the CBO rules.
  This amendment has strong bipartisan support--Senator Thune, Senator 
Heitkamp, Senator Baucus, and Senator Johnson. This does not affect the 
master manual on the Missouri River or any of the authorized uses, and 
I wanted to emphasize that.
  Again, this is a very simple amendment. It ensures that States rights 
are properly protected, and I encourage a ``yes'' vote.
  The PRESIDING OFFICER. Without objection, the amendment has been 
modified.
  The amendment (No. 909), as modified, is as follows:

        (Purpose: To restrict charges for certain surplus water)

       On page 190, after line 23, add the following:

     SEC. 2060. RESTRICTION ON CHARGES FOR CERTAIN SURPLUS WATER.

       (a) In General. No fee for surplus water shall be charged 
     under a contract for surplus water if the contract is for 
     surplus water stored on the Missouri River.
       (b) Offset.--Of the amounts previously made available for 
     Corps of Engineers--Civil, Department of the Army, Operations 
     and Maintenance'' that remain unobligated as of the effective 
     date of this Act, $5,000,000 is hereby rescinded.''
       (c) None of the funds under subsection (b) may be rescinded 
     from amounts that were designated by the Congress as an 
     emergency requirement pursuant to the Concurrent Resolution 
     on the Budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

  Mrs. BOXER. Madam President, if I could be heard on this amendment.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, I am supporting this amendment. It is 
important to the States that are affected, and there are several States 
that are affected. The fact is that we don't want to see the corps 
start a water war, and the Presiding Officer has discussed that with 
me. I am very grateful to her and Senator Hoeven for explaining this 
matter. The tribes were involved as well. We don't want to see them get 
in trouble. I think the corps has to respect the fact that there are 
these water rights in place.
  I will be supporting this amendment.
  The PRESIDING OFFICER. Who yields time in opposition?
  The Senator from Louisiana.
  Mr. VITTER. Madam President, if I could ask unanimous consent to 
speak for 10 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. VITTER. Madam President, I also strongly support this amendment. 
I think it is a very reasonable, commonsense amendment.
  Mr. HOEVEN. Madam Chair, I ask for a voice vote.
  The PRESIDING OFFICER. Is there further debate on this amendment? If 
not, the question is on agreeing to the amendment as modified.
  The amendment (No. 909), as modified, was agreed to.
  Mr. HOEVEN. Madam President, again, I thank both of the managers of 
this bill.
  The PRESIDING OFFICER. Under the previous order, the cloture motion 
is withdrawn and the clerk will read the title of the bill for the 
third time.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.


                              Water Supply

  Mrs. BOXER. Madam President, I want to take this opportunity to 
address one of the provisions of this bill relating to water supply. 
Section 2015, which originally had a much broader impact, now expresses 
the sense of the committee related to a particular dispute between 
States, and expresses a concern on the part of members of the Committee 
on Environment and Public Works regarding the ongoing interstate water 
disputes among the States of Alabama, Florida, and Georgia. I would 
like to yield to the Committee's Ranking Republican, Senator Vitter, 
for his remarks about this provision, but I would note that it is the 
strong desire of the Committee that this dispute be resolved amicably 
through water compacts that ensure the availability of water to meet 
all necessary human and environmental needs. Senator Vitter, can you 
elaborate on the intent of Section 2015?
  Mr. VITTER. I thank the chairman for including this provision, and I 
would note that the Corps of Engineers has long worked to ensure the 
Apalachicola-Chattahoochee-Flint, ACF, River Basin and Alabama-Coosa-
Tallapoosa, ACT, River Basins are able to meet the demands of users in 
Georgia, Alabama and Florida through its operation of dams and 
reservoirs, and performs an important role in regulating the flow of 
surface water in these basins. Further, it is the intent of WRDA 
Section 2015 to recognize that role and to assist the States' efforts 
to reach an end to their disputes. While the committee does not intend 
to express any opinion about reallocations under the existing authority 
of the Water Supply Act and its application to these basins, we do 
believe these States should work to come to an agreement. Additionally, 
the Chairman and I intend to express these same sentiments to the Corps 
of Engineers through a letter that will be submitted into the Record 
soon after passage of this bill.
  Mrs BOXER. I thank the Senator. That's correct. And as this new 
language clearly states, ``this subsection does not alter existing 
rights or obligations under law.'' So to reiterate, it is not the 
intention of Section 2015 to alter the Corps' existing legal authority 
to reallocate storage, to express any view on whether current or 
projected future levels of storage for water supply exceed the Corps' 
existing legal authority, or to prohibit or interfere with the Corps' 
ongoing efforts to update its water control plans and manuals for the 
ACF and ACT Basins. Further, it is not the intention to preclude the 
Corps from taking action consistent with its existing legal authority 
to study and implement reallocations of reservoir storage to meet 
municipal and industrial water supply needs.
  Mr. VITTER. I thank the chairman for her assistance with this 
provision.


                        Harbor Maintenance Taxes

  Mrs. FEINSTEIN. Madam President, in fiscal year 2011, approximately 
$1.4 billion in harbor maintenance taxes, HMT, was collected 
nationally. Of this, over $430 million, nearly 32 percent, was 
collected in California, with nearly $363 million generated by the 
ports of Los Angeles and Long Beach. Of the amounts collected, nearly 
$677 million was allocated to coastal operations and maintenance 
budgets nationwide annually over the past 3 years. California's share 
of this funding is approximately $54 million, only 13 percent of what 
was collected in its ports. Put another way,

[[Page S3448]]

California contributes 32 percent of the whole HMT but is receiving 
only 8 percent of what is allocated nationwide.
  Section 8004 of the bill establishes a path whereby HMT funds could 
be used on expanded uses to address the critical maintenance needs of 
California's ports. I want to clarify that the amendment submitted by 
the Senator from Michigan, No. 893, does not preclude or unnecessarily 
delay the use of HMT funds in California's largest ports. Is it your 
understanding that this amendment, submitted by the Senator from 
Michigan, will not preclude or impact funding for expanded uses under 
Section 8004 (b) of the bill?
  Mrs. BOXER. That is my understanding. The additional uses authorized 
by WRDA 2013 are important for many parts of the country, including 
California, and are clearly an eligible use of the harbor maintenance 
trust fund.
  Mr. SCHUMER. Madam President, I would like to engage in a colloquy 
with the Senator from California, the chair of the Committee on 
Environment and Public Works, as well as the Senators from New Jersey, 
Senators Lautenberg and Menendez, and my colleague from New York, 
Senator Gillibrand.
  I thank the chair for her leadership in bringing the Water Resources 
Development Act to the Senate floor to address the urgent need for 
investment in our Nation's waterways, port infrastructure, and for 
coastal flood protection. It is my hope that this bill will be passed 
quickly. The Sandy relief bill provided over $5 billion for the Army 
Corps of Engineers to construct and repair authorized hurricane 
protection projects in States devastated by Superstorm Sandy. A $20 
million comprehensive study was included in order to analyze the flood 
risks of the east coast with the congressional intent and authority for 
the corps to move to specific feasibility studies. However, it is 
currently our understanding that the Corps of Engineers does not intend 
to provide specific project recommendations in this study that will 
result in feasibility studies. I am pleased that I was able to work 
with you, Chairman Boxer, and my colleagues from the affected States, 
to add language to this bill that addresses this issue. I would like to 
clarify the intent of the language.
  Will the language in section 3004 of the water resources development 
bill result in specific project recommendations for the Corps study?
  Mrs. BOXER. I appreciate the Senator from New York raising this 
issue. I also know that my good friend from New York and I agree on the 
need to enhance the resiliency of the east coast in the wake of the 
devastation caused by Superstorm Sandy. Section 3004 states that, with 
respect to the corps study for flood and storm damage reduction which 
was authorized by the Sandy relief bill, the Secretary shall include 
specific project recommendations. The bill also includes a new 
provision to prioritize hurricane protection studies, section 2044, 
that would give the Secretary the authority to quickly move feasibility 
studies developed through the comprehensive hurricane study.
  Mr. MENENDEZ. I thank the chairman for her remarks. If I may, I would 
like to further clarify the language and purpose of section 3004. Post-
Sandy, there is an acute need for an assessment of the northeast 
region's storm-protection infrastructure needs. Is it correct that 
section 3004 gives the Corps of Engineers the power to conduct 
feasibility studies on specific projects?
  Mrs. BOXER. I thank the Senator from New Jersey for raising this 
concern. He is correct that the language of section 3004 authorizes and 
directs the corps to conduct feasibility studies for the specific 
projects it identifies in the regional study.
  Mr. LAUTENBERG. I thank the chairman for making this clarification. I 
agree completely with my colleagues concerning the need for section 
3004. Could the language in section 3004 about inclusion of specific 
project recommendations and feasibility studies somehow hurt or take 
money away from the comprehensive regional study?
  Mrs. BOXER. I thank the Senator from New Jersey for raising this 
concern. While section 3004 does state that the Secretary shall include 
project recommendations, it does not add funding, so such 
recommendations or feasibility studies would only be possible if monies 
are available after the regional study is complete.
  Mrs. GILLIBRAND. I agree completely with my colleagues' 
interpretation of section 3004 and for the necessity of the section in 
question. When we added the provision in the Sandy relief bill for a 
$20 million comprehensive study to address flood risks on the east 
coast, we intended for this study to produce specific and actionable 
recommendations for hurricane protection. I thank my colleagues for 
their work and Chairman Boxer for her leadership.


                     GREAT LAKES NAVIGATION FUNDING

  Mr. LEVIN: Madam President, this water resources bill includes 
important provisions for our shipping infrastructure, including the 
Great Lakes Navigation System, which carries over 160 million tons of 
cargo annually. I am pleased the bill would prioritize funding for the 
Great Lakes Navigation System, which has suffered from historically low 
water levels, closed harbors, and light loaded vessels. The bill 
allocates 20 percent of priority funds for the Great Lakes Navigation 
System, which is equal to the Great Lakes portion of high-use deep 
draft projects nationwide. I am glad that the 20 percent of priority 
funds for the Great Lakes is intended to be above and beyond what 
projects in the Great Lakes Navigation System would receive under the 
baseline funding. I also want to highlight the rationale for 
identifying the Great Lakes as a single system. A freighter is 
restricted to loading its vessel based on the shallowest segment of its 
route. So a freighter that begins at a port that is adequately 
maintained, then passes through a channel or proceeds to a harbor that 
is not adequately maintained, that freighter will not be able to fully 
load, reducing the efficiency of the navigation system and reducing our 
economic competitiveness. The Army Corps of Engineers should manage all 
of the individual harbor projects in the Great Lakes Navigation System 
as a single system, recognizing the interconnectedness among the 
projects. Chairman Boxer, is the interconnected nature of the Great 
Lakes system one of the reasons the bill distinguishes Great Lakes 
projects from the other harbor and port projects?
  Mrs. BOXER. The unique nature of the Great Lakes Navigation System is 
one of the reasons we do not include Great Lakes projects in the 
definition of high-use deep draft harbors and instead include the Great 
Lakes in a separate group for the prioritized funding.
  Mr. SCHUMER. I am pleased that this matter concerning the additional 
funds for the Great Lakes has been clarified. The chairman has gone to 
great lengths to address important national priorities in this bill, 
including providing funding for our high-use, deep draft ports--like 
those in New York, Los Angeles/Long Beach and Oakland--and supporting 
unique commercial navigation systems like the Great Lakes. I also want 
to make sure that these funds are distributed to harbors in the Great 
Lakes that have been ignored by the corps over the years. Chairman 
Boxer, is that the intent of the language in section 8004 of the bill, 
that additional priority funds could be used for any Great Lakes 
navigation project, including those that handle lower levels of 
freight, measured by tonnage?
  Mrs. BOXER. Yes, that is correct. The funding could be used for any 
project in the Great Lakes Navigation System.
  Mr. SCHUMER. Thank the Senator for clarifying this matter, and I 
thank her for her work on this important legislation.
  Mrs. KLOBUCHAR. I am also pleased to hear this discussion to clarify 
how the additional funding for the Great Lakes is to be interpreted and 
applied. I want to ensure the entire Great Lakes system functions 
effectively, and that means properly dredging the harbors in Minnesota 
so ships carrying iron ore, coal, limestone, and other commodities can 
fully load their vessels. It is critical that high-use ports like 
Duluth and Two Harbors in Minnesota get dredged, but for ships to carry 
goods at full capacity, it is also vital that their trading partners 
throughout the Great Lakes system are fully dredged. This agreement 
will go a long way toward increasing the efficiency of shipping across 
the Great

[[Page S3449]]

Lakes system, which will strengthen the economic standing of our 
agriculture, mining, manufacturing and other industries on which the 
Great Lakes region depends. I would like to thank Chairman Boxer and 
Senator Vitter, for their work to address our concerns, and I would 
especially like to acknowledge the leadership of Senator Levin on this 
issue and Great Lakes matters across the board.
  Mr. LEVIN. I thank Senator Klobuchar for adding that important point 
regarding the interconnected nature of the Great Lakes Navigation 
System. And thank you, Chairman Boxer, for working us to begin to 
improve the maintenance of the Great Lakes Navigation System, which is 
critical to our economy and jobs and to our global competitiveness.


        HARBOR MAINTENANCE TAX AND HARBOR MAINTENANCE TRUST FUND

  Mrs. MURRAY. Madam President, I rise to address the Water Resources 
Development Act that we passed today.
  This important legislation authorizes Army Corp of Engineers projects 
that provide flood control, ensure navigation to get our goods to 
market, and help restore our ecosystems and environment. One component 
of this bill deals with the Harbor Maintenance Trust Fund.
  Shippers pay a Harbor Maintenance Tax, which goes into the Harbor 
Maintenance Trust Fund and is then appropriated for operations and 
maintenance at ports throughout our country.
  Now, although this legislation does not address the Harbor 
Maintenance Tax, I want to take a moment to talk about it. Because 
unfortunately, this policy is encouraging cargo diversion from our 
ports.
  A Federal Maritime Commission report released last year, which I 
requested with Senator Cantwell, indicated that cargo coming into U.S. 
ports cost, on average, an additional $109 due to the Harbor 
Maintenance Tax.
  I find this report extremely troubling.
  While this bill does not address the tax, it does address the Harbor 
Maintenance Trust Fund. The bill sets goals for additional expenditures 
from the Harbor Maintenance Trust Fund, and it includes a provision 
that I worked on closely with Chairman Boxer and Senator Cantwell.
  This provision will allow our ports to be more competitive 
internationally by providing payments to shippers entering or 
transporting cargo through an eligible donor port--one that takes in 
significantly more in Harbor Maintenance Taxes than it receives back 
for operations and maintenance, like the Port of Seattle or the Port of 
Tacoma.
  It is meant to reduce cargo diversion from United States ports to 
international ports, but not to induce cargo diversion within the 
United States.
  I appreciate the hard work by Chairman Boxer to include this 
provision in the manager's amendment and to keep the provision intact 
throughout consideration of the Water Resources Development Act.
  This provision is a step in the right direction.
  But we can do more, and we must.
  That is why I'm working on legislation that will comprehensively 
reform the Harbor Maintenance Tax and the Harbor Maintenance Trust 
Fund.
  It will ensure full spend out of the Harbor Maintenance Trust Fund 
and ensure all cargo is treated equally as it moves through the supply 
chain.
  My goals are to increase our international competitiveness, ensure we 
are getting our goods to market, and provide good, family-wage jobs.
  I have been working with ports in Washington state and the Northwest, 
and I plan to introduce this legislation soon.
  I look forward to working with my colleagues on these important 
issues.
  Mrs. BOXER. Mr. President, I ask unanimous consent that a letter 
dated May 15, 2013, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Hon. Jo-Ellen Darcy,
     Assistant Secretary of the Army for Civil Works, U.S. Army 
         Corps of Engineers, Army Pentagon, Washington, DC.
       Dear Assistant Secretary Darcy: We are writing regarding 
     recent efforts in our committee to address concerns with the 
     Water Supply Act of 1958 (WSA), 43 U.S.C. 390b. These 
     concerns have arisen most prominently with respect to the 
     U.S. Army Corps of Engineers' management of federal 
     reservoirs in the Apalachicola-Chattahoochee-Flint (ACF) 
     River System and the Alabama-Coosa-Tallapoosa (ACT) River 
     System, where the States of Alabama, Georgia, and Florida 
     have been engaged in a decades-long conflict over the use of 
     water resources in their region.
       As committee leadership with jurisdiction over these 
     matters, we believe in the principle that water resources 
     conflicts of this nature should be resolved through 
     negotiated interstate water compacts whenever possible. 
     State-level agreements are better able to take into 
     consideration the concerns of all affected States and 
     stakeholders, including impacts to other authorized uses of 
     the projects (such as hydropower or navigation), water supply 
     for communities and major cities in the region, fisheries 
     management issues, water quality, freshwater flows to 
     communities, rivers, lakes, estuaries, and bays located 
     downstream of projects, agricultural uses, economic 
     development, and other appropriate concerns.
       As you are aware, the Senate Committee on Environment and 
     Public Works unanimously reported the Water Resources 
     Development Act of 2013 (S. 601), as amended, on March 20, 
     2013. Section 2015 of this bill, as reported by our 
     committee, sought to clarify the authority of the Army Corps 
     under Section 301 of the WSA in at least two respects. First, 
     Section 2015 would have amended the WSA to reiterate that 
     federal agencies must consider new WSA allocations 
     ``cumulatively'' with all previous allocations at the 
     reservoir. This was intended to make clear that the Army 
     Corps cannot circumvent the intent of the WSA through gradual 
     allocations. Second, Section 2015, as reported, sought to 
     amend the WSA by setting a more specific threshold when 
     congressional approval is required. We worked in good faith 
     with our committee member, Senator Jeff Sessions of Alabama, 
     to ensure that concerns he had. expressed in committee, both 
     last year and during the current Congress, were addressed.
       Today, the Senate passed the WRDA bill and, after 
     significant discussions with several members of the Senate, 
     we have reached an agreement to modify Section 2015. The new 
     language for Section 2015 does not alter existing rights or 
     obligations under law, but it does seek to make clear that 
     the committee remains very concerned about the operation of 
     ACF and ACT projects, and that absent action by the states to 
     resolve these issues, the committee should consider 
     appropriate legislation including any necessary 
     clarifications to the Water Supply Act of 1958 or other law.
       Accordingly, we strongly urge your personal and direct 
     involvement in fostering efforts to enable the States of 
     Alabama, Georgia, and Florida to reach an amicable and 
     reasonable water compact as soon as possible. We believe that 
     it is essential that the Army Corps not take actions that 
     favor the position of any of the three States, but rather the 
     Army Corps should serve as a neutral facilitator of a 
     negotiated solution.
       Thank you for your kind attention to these matters. Our 
     committee will be following this issue closely.
           Very truly yours,
     Barbara Boxer,
       Chairman.
     David Vitter,
       Ranking Member.


                         Harbor Maintenance Tax

  Ms. CANTWELL. Madam President, I would like to thank Chairman Baucus 
and Senator Murray for their support and resolve to work to address the 
issue of cargo diversion posed by the harbor maintenance tax.
  The Water Resources Development Act that we are discussing here today 
is an important bill that works to ensure the economic success of our 
Nation's waterways. The language we were able to include in this bill 
is just the start of our effort to address the serious issue of cargo 
diversion and international competition. It gives deep-water ports the 
ability to more cost-effectively utilize the funds raised by the harbor 
maintenance tax to keep competitive with their Canadian and Mexican 
counterparts.
  Over the past decade, we have seen increasing competition for the 
market share of U.S.-bound goods from ports beyond our border to the 
north and to the south. These diversions can be partially attributed to 
the added cost of paying the harbor maintenance tax at U.S. ports. In 
fact, among the top 25 North American ports, the fastest growing in 
2012 were the Port of Prince Rupert in Canada and the Port of Lazaro 
Cardenas in Mexico. Instead of U.S.-bound cargo creating growth of U.S. 
ports, we are witnessing this cargo, previously shipped through our 
west coast ports, contributing to the growth of Canadian and Mexican 
ports. The loss of cargo shipments through American ports leads to 
decreased port activity and export capacity, and it

[[Page S3450]]

erodes the harbor maintenance trust fund, which means fewer direct and 
indirect American jobs supporting U.S. international commerce. More 
than 200,000 jobs are tied to the activities at the ports of Seattle 
and Tacoma, and with nearly 27 percent of international container cargo 
potentially at risk of moving to Canada from west voast ports, this 
could result in significant job losses.
  Cargo diversion is not my only concern with the harbor maintenance 
tax. I also am concerned by the poor utilization of the funds collected 
and the disparate distribution of the funds that are allocated. As of 
2011, the balance of the harbor maintenance trust fund has built up to 
more than $6.4 billion. We should be investing this balance for its 
designed purpose of improving the ability of our ports to move goods. 
Furthermore, the harbor maintenance trust fund balance is rarely spent 
on operations and maintenance at west coast ports, where a significant 
amount of the tax revenue is generated. Our two largest ports in 
Washington Seattle and Tacoma generate, on average, close to 7 percent 
of the funding for the HMTF, but each received just over a penny for 
every dollar collected from shippers who pay the HMT in Seattle and 
Tacoma.
  To remain competitive in an international marketplace, we need a 
long-term plan for how to grow and support infrastructure development 
and that must include reform of the harbor maintenance tax. Essential 
to remaining competitive is the ability of our ports to shorten the 
time it takes to get goods to consumers. This means we must invest in 
the infrastructure of our ports and freight corridors something that I 
have worked with Transportation Secretary Ray LaHood on to more quickly 
deliver the goods from our ports to the rest of the Nation. If we don't 
make these infrastructure investments, America will face major 
opportunity costs. We are seeing this already with the cargo diversion 
to Canada from the Pacific Northwest. But I must warn my colleagues 
that the competition is only increasing and will spread throughout the 
country with major ports planned or coming online in Canada and Mexico 
on both coasts, as well as the forthcoming expansion of the Panama 
Canal. Now is the time to address the harbor maintenance tax and 
reverse cargo diversion by reforming this tax and better utilizing the 
money it generates.
  Today Chairman Baucus is proposing that we work together to address 
the competitive imbalances created by the harbor maintenance tax. While 
we acknowledge the work done to improve the spending out of the harbor 
maintenance trust fund collections in the Water Resources Development 
Act, we believe the efforts are just a starting point. Many of the 
underlying tax and trade issues cannot be addressed in this 
legislation. We believe it is important to clarify our intent to move 
on comprehensive reforms the harbor maintenance tax on the next 
available and appropriate legislative vehicle.
  Mrs. MURRAY. Mr. President, I thank Senator Cantwell and Chairman 
Baucus for coming down here today to discuss port competitiveness, 
infrastructure, and American jobs, issues which are close to my heart. 
I believe these are important issues to be addressed, which is why I 
have been working on this issue throughout my Senate tenure and why 
Senator Cantwell and I introduced the U.S. Port Opportunity and 
Revitalizing Trade Act in 2002.
  We appreciate that the legislation before us today, the Water 
Resources Development Act, works to improve expenditures from the 
harbor maintenance trust fund and that it includes provisions we 
championed to begin to address the competitive issues our ports face. I 
would like to say thank you to Chairwoman Boxer, who included a 
provision in the managers' amendment that would authorize payments to 
``donor'' ports those ports that contribute a significant amount of 
funds, but receive less than 25 percent of the benefit that can be used 
to offset the cost of the HMT being paid by shippers.
  The language in the managers' amendment does not mean that the job is 
done. We do not believe this language will fully correct the challenges 
U.S. ports face now and will continue to face in the future. Rather, we 
believe this is an interim solution that will help until we can work 
together to find a larger, more permanent solution addressing cargo 
diversion. Senator Cantwell and I look forward to working with the 
Chairman Baucus to address comprehensive reform of the harbor 
maintenance tax.
  Mr. BAUCUS. Mr. President, I thank Senator Cantwell and Senator 
Murray for their work to reform the harbor maintenance tax in order to 
keep our ports competitive. As chairman of the Finance Committee, I 
believe it is important that we work to improve our Nation's tax policy 
to make our Nation more globally competitive. I am committed to finding 
solutions to ensure that the harbor maintenance tax is reformed, to 
ensure U.S. tax policy does not disadvantage U.S. ports but also to 
improve our nation's infrastructure. Port improvement is imperative to 
our ability to conduct both domestic and international commerce. Many 
of my home State goods are exported through west coast ports in the 
Puget Sound and on the Columbia River, so I understand the broad impact 
of the ports and the need for continued attention. If we want to 
continue to compete both now and in the future we must ensure that we 
have the right policies in place, and that means reforming outdated 
policies to address the evolving needs of both the market and our 
Nation. I look forward to continuing to work with Senator Cantwell and 
Senator Murray to find an appropriate fix and find an appropriate 
legislative vehicle for comprehensive reform.
  Mr. WHITEHOUSE. Madam President, I rise today to speak in support of 
the Water Resources Development Act, the main vehicle for authorizing 
vital water projects developed by the U.S. Army Corps of Engineers and 
for setting Army Corps water resource policies. Water resource and 
flood control projects spur economic growth and create jobs. They 
fortify communities against storms and floods. They maintain our water 
and waste water systems. They help maintain our favorite outdoor 
recreational destinations. And they can protect America's cherished and 
economically important--fish and wildlife.
  Unfortunately, in Rhode Island and across the country, aging water 
infrastructure is rapidly approaching the end of its useful life, and 
funding available for upgrades is far outpaced by the need. This bill 
will increase the Army Corps' capacity to address the dismal state of 
our water infrastructure while improving the agency's operations.
  I want to express my gratitude to our chairman on the Environment and 
Public Works Committee, Senator Boxer, as well as our ranking member, 
Senator Vitter, for their hard work in drafting a bill that addresses a 
number of national and regional priorities in a bipartisan fashion.
  I particularly appreciate the inclusion of several provisions 
designed to clean up the process at the Army Corps, to clear the 
backlog of construction and maintenance projects, to improve 
transparency in developing and carrying out civil works projects, and 
to give local communities a better chance to understand what to expect.
  According the Office of Management and Budget, ``The Corps' enormous 
backlog of ongoing civil works construction represents a significant 
source of unrealized economic and environmental benefits. . . . This 
growth trend in the construction backlog unfairly penalizes both 
taxpayers and project sponsors.''
  The bill before us establishes an independent commission to work 
through an estimated $62 billion backlog of projects and sets a 
timetable for downsizing the corps' burdensome to-do list. My 
colleagues on both sides of the aisle should appreciate the responsible 
use of corps resources and of taxpayer dollars.
  This bill also makes the corps more responsive to communities and 
businesses, requiring the corps to make more information available to 
the public about projects under its Continuing Authorities Program, 
including available funding, cost estimates, and the criteria used to 
prioritize projects. States like mine and our communities and companies 
can't plan around water resource projects because they are so often 
left in the dark.
  For example, Hope Global has manufactured textiles in Rhode Island 
since 1883. Today it makes fabrics that are

[[Page S3451]]

used in everything from cars to parachutes to construction. During the 
historic 2010 floods in our State that clobbered Hope Global, I 
literally entered the building through the shipping bay in a boat. Hope 
Global survived, thanks to the dedication and quick thinking of its CEO 
and employees, but the risk of future flooding along the Blackstone 
River looms over this business and many others in the area.
  The corps has partnered with the State of Rhode Island to conduct a 
feasibility study for flooding mitigation on the Blackstone River. The 
State used its limited resources to fund the study, hoping to solve the 
flooding problems once and for all. Three years later, due to lack of 
transparency in the corps budget, we still don't know where this 
project stands. This bill will change that, so communities like those 
in my State can make informed decisions about their future.
  Episodes like the 2010 floods and, more recently, Superstorm Sandy 
underscore the need to keep communities safe in the face of a changing 
climate. The Army Corps of Engineers helps communities prepare for 
extreme weather events and addresses flood control hazards. In many 
places, these twin objectives can be pursued through the restoration of 
natural ecosystems. This reauthorization places greater emphasis on 
natural defenses like the wetlands and dunes that have protected our 
coastlines for millennia.
  Coastal and freshwater wetlands act like sponges during floods, 
absorbing water and dissipating the impact of wave energy and storm 
surge. Shoreline vegetation, natural dune formations, and barrier 
islands do the same. This draft recognizes the benefits of natural 
resiliency.
  This bill also reauthorizes the National Dam Safety Program, which is 
vitally important to my small State. Rhode Island has about 700 dams, 
some dating back to the colonial era. One hundred seventy-nine are 
rated a ``high'' or ``significant risk.'' Nationally, America's dams 
received a grade of ``D'' on the American Society of Civil Engineers 
2013 Report Card. The Society cited more than 4,000 deficient dams, 
including more than 2,000 that would result in loss of life if they 
failed. The Dam Safety Program helps States monitor for deteriorating 
dam conditions that put communities in danger.
  This legislation is not without its detractors, but I think it is 
important to recognize that both sides have had to make compromises to 
get this bill to where it is today. That is the hallmark of our 
legislative process.
  For example, this reauthorization contains new measures to ensure the 
timely completion of environmental impact studies and reviews required 
under the National Environmental Policy Act, or NEPA. While this has 
raised concerns from some, ensuring prompt environmental review of 
projects does not mean we are disregarding these reviews entirely. 
Comprehensive environmental review of federal projects remains critical 
to protecting the environment and public health from harm, and this 
bill includes provisions that will prevent harmful projects from being 
expedited.
  WRDA supports projects that protect communities and their water 
resources. I would have preferred to leave NEPA requirements unaltered; 
however, I believe the compromise the chair and ranking member 
negotiated on this issue was worth the price of being able to implement 
long-overdue improvements to our nation's water resources 
infrastructure.
  As we grapple with the mounting effects of a changing climate, our 
towns, our rivers and ports, our beaches and bays rely on the safety 
and efficiency of modern and resilient water infrastructure. The Water 
Resources Development Act of 2013 gives the Army Corps of Engineers and 
its public and private sector partners the tools to provide and 
maintain that infrastructure. I urge my colleagues to support this 
important, bipartisan legislation.
  Ms. CANTWELL. Madam President, as we consider S. 601, the Water 
Resources Development Act, specifically amendment No. 903, I want to 
highlight critical emerging needs in our Nation's arctic.
  The arctic is opening at an alarming rate, which creates a number of 
economic opportunities for the Nation. This accessibility also creates 
new requirements for the U.S. Coast Guard and the Navy. Multiple 
bipartisan Presidential directives call for increased arctic presence 
to meet national security and homeland security needs; to facilitate 
safe, secure, and reliable navigation; to protect maritime commerce; 
and to protect the environment as resource development increases.
  With new shipping lanes and opportunities to obtain and transport 
natural resources, the arctic has become a new frontier. We need to 
have arctic infrastructure ready to accommodate this increase in 
commerce.
  That is why I have worked closely with Senator Begich to fight for 
heavy-duty icebreakers and other arctic infrastructure. We need to make 
sure the Coast Guard acquires the tools they need to fulfill their 
missions in the arctic.
  In fact, the Army Corps of Engineers is in the final phase of a study 
which assesses feasibility of deep draft ports in the arctic. The corps 
assessed over 3,000 miles of Alaskan coastline and identified a 
shortlist of two possible deep draft ports in Nome and Port Clarence.
  The U.S. Department of the Interior released a report on emerging 
Federal management needs in the arctic in March 2013. The report, 
titled ``Managing for the Future in a Rapidly Changing Environment,'' 
found that the U.S. arctic habitat encompasses St. Lawrence Island 
Northward, based on physical oceanography, seasonal sea ice, and other 
ecosystem characteristics. These northern seas are vastly different and 
require unique infrastructure compared to the majority of the Bering 
Sea, Alaska.
  It is the intent of this bill that these arctic deep draft ports are 
present in the arctic. And while there has been some dispute on how the 
U.S. arctic is defined, both the Army Corps study and the Department of 
the Interior report indicate the importance of deep draft ports in 
close proximity to the Arctic Circle, 66 degrees North. This is where 
ports of refuge, natural resource shipping, oilspill response, 
commercial shipping, and other commercial opportunities require a deep 
draft port.
  These key findings identify ports that must be prioritized when 
considering deep water draft port development in the arctic, where the 
Federal Government has a role including technical assistance outlined 
in amendment 903.
  Mr. LEVIN. Madam President, Michigan is a water State. The State is 
surrounded by water on three of its sides. We depend on our vital water 
resources for drinking water and commerce. Water provides opportunities 
for recreation, rest, and reflection. Our waters define us. It has been 
6 years since the last Water Resources Development Act was passed. This 
bill includes several provisions that will improve the management of 
Michigan's water resources, such as critical harbor maintenance, 
upgrades to drinking and wastewater systems, flood control projects, 
and restoration of aquatic resources, and I will support its passage.
  This bill makes some progress toward improving the Great Lakes 
Navigation System, and I am pleased that the Senate Environment and 
Public Works Committee worked with us to address concerns with the 
reported bill. The bill would increase authorized appropriations for 
harbor maintenance, beginning with $1 billion in fiscal year 2014 and 
increasing every year thereafter by $100 million through fiscal year 
2019. In fiscal year 2020 and beyond, the bill would require that total 
budget resources for harbor maintenance equal the full amount of funds 
collected for that purpose. Currently, only about half of the funds 
collected from shippers for harbor maintenance are used for harbor 
maintenance. The harbor maintenance trust fund, into which the fees 
from shippers are collected, has a balance of over $7 billion.
  Great Lakes harbors and channels are in great need of dredging. A 
backlog of dredging projects forces vessels to carry less than their 
capacity, threatens to close harbors and increases the risk of vessel 
groundings. These funds need to be used for harbor maintenance instead 
of for other purposes. I have been fighting to free these funds and 
worked with the EPW Committee to incorporate the text of the Harbor 
Maintenance Act of 2013, which I introduced earlier this year in 
February, into the committee-reported

[[Page S3452]]

bill. While the point of order enforcement language of my bill that 
would have required full funding immediately for harbor maintenance was 
not included in the final version, the compromise language that would 
phase in the increased funding still represents progress. The next step 
in the dredging battle will be to work with appropriators so that 
funding is provided at the authorized levels.
  I am also pleased that the EPW Committee responded to my concerns 
regarding how harbor maintenance funding was prioritized. I had written 
a letter to EPW that was signed by 10 other Great Lakes Senators 
expressing our concerns, and EPW responded by including a provision in 
the bill that would prioritize 20 percent of harbor maintenance funds 
in excess of fiscal year 2012 levels for the Great Lakes. This setaside 
represents real progress, and I hope appropriators will provide funding 
in accordance with this directive in the bill.
  I am also pleased that my amendment concerning other uses of the 
harbor maintenance trust fund was agreed to by the full Senate. That 
amendment, which was cosponsored by Senator Stabenow, makes clear that 
the primary use of the harbor maintenance trust fund is for maintaining 
the constructed widths and depths of ports and harbors and that those 
functions should be given first consideration in the budgeting of 
harbor maintenance trust fund allocations. I fought for this language 
because the bill includes a new authorization for other uses of the 
trust fund, and I wanted to make sure that harbor maintenance, 
including that of the Great Lakes, has a higher claim for these funds 
than the other new uses.
  In addition to the beneficial harbor maintenance provisions, the bill 
also includes a number of other provisions that could benefit Michigan. 
A new pilot program, called the Water Infrastructure Financing and 
Innovation Act, is included in the bill, and it would increase options 
for financing our nation's water and wastewater infrastructure by 
providing loan guarantees and low interest loans with flexible 
repayment terms. WIFIA is a positive provision for Michigan and the 
Nation that will help to address the ongoing problems we face with 
aging and outdated infrastructure.
  As Michigan and much of the Midwest recover from damaging flooding, I 
am pleased to see an authorization for the National Levee Safety 
Program and the establishment of a National Levee Safety Advisory 
Board. The board will provide technical assistance to States and tribes 
on levee safety and facilitate the development of levee safety programs 
through a Federal grant program. Levees are an essential part of our 
flood protection infrastructure. This provision will hopefully ensure 
our levees are constructed and maintained using sound science and the 
best available information.
  The bill also includes a provision on dam safety that is critical to 
Michigan communities. The Dam Safety Program provides grant assistance 
to States for the training of dam safety staff and for the development 
of safety monitoring programs. This bill also helps us in the Asian 
carp fight. I worked with Senator Gillibrand to include a provision 
that would authorize the Army Corps of Engineers to implement emergency 
measures to prevent Asian carp and other invasive species from getting 
into the Great Lakes. That language is based on a provision I was able 
to get included in an appropriations bill for fiscal year 2012, and 
including it in the WRDA bill would make the authority permanent.
  I also want to mention the shadow that hangs over this legislation 
and all the other legislation before us. That shadow is sequestration, 
and until we lift that shadow, it will erode the good we seek to 
accomplish with this legislation and everything else we do.
  The projects authorized in this bill will touch every State in our 
Nation, put Americans to work, help American companies sell their goods 
here and around the world, improve our navigation systems, and provide 
clean drinking water for our homes and businesses. But authorizing 
these projects is not enough. We also need to appropriate the money to 
execute these projects. And so long as sequestration remains in effect, 
so long as we continue to view our fiscal challenges as exclusively a 
matter of cutting budgets, so long as we ignore the desires of the 
American public and the realities of budget math and refuse to adopt a 
balanced approach to deficit reduction--so long as all that continues, 
those appropriations will be reduced. As a result, water projects will 
suffer, health and education programs will suffer, law enforcement, 
border security, food inspections and more will suffer. The Speaker of 
the House said not long ago, ``We can't cut our way to prosperity.'' 
He's right. We can't cut our way to clean water or operable harbors 
either. We need to keep that in mind as we consider budget solutions 
going forward.
  Despite the challenge of sequestration and continued fiscal 
pressures, the bill before us represents progress for America's 
waterways and the people who depend on them and in particular for the 
precious waters of my State of Michigan. I urge my colleagues to 
support this much-needed legislation.
  Mr. HARKIN. Madam President, our inland waterways are a large and 
crucial part of our Nation's transportation system and facilitate 
billions of dollars of economic activity each year. In Iowa, 
agricultural producers as well as other shippers depend upon 
transportation along the Mississippi River and Missouri River to gain 
access to markets throughout the country and the world. The channels, 
locks, and dams throughout our inland waterways system are the 
infrastructural elements that allow the system to safely and 
efficiently support this activity. Without sustained financing through 
the inland waterways trust fund, this infrastructure cannot be properly 
maintained.
  Today I want to bring my colleagues' attention to an amendment 
offered by Senator Casey to S. 601, the Water Resources Development 
Act. Senator Casey's amendment No. 854 takes an important step toward 
ensuring that the inland waterways trust fund can meet current and 
future infrastructure needs. While demands on the trust fund have 
greatly increased in recent years, the financing mechanism, a $0.20-
per-gallon barge fuel tax, has not been raised since 1994. Senator 
Casey's amendment would strengthen the trust fund by raising the tax to 
$0.29. Many locks are already in such disrepair that catastrophic 
failure could occur in the near future. A lock failure would cause a 
loss of navigation along the system above that point, incurring serious 
economic losses. Not only is this fuel tax increase badly needed, it is 
widely supported by industries dependent upon our inland waterways, 
including the barge operating industry, which is directly impacted by 
the tax.
  While it is unfortunate that Senator Casey's amendment could not be 
brought up for consideration, I hope its substance can become law in 
the coming months.
  Mr. DURBIN. Madam President, today the Senate will pass a Water 
Resources Development Act, or WRDA, for the first time since 2007. I 
thank my colleagues, chairman Barbara Boxer and ranking member David 
Vitter of the Environment and Public Works Committee, for working 
together to move a bipartisan bill out of committee and to the floor.
  I know it wasn't easy, and compromises were made. But water resources 
development bills are important to the commerce that moves by river and 
sea, to those communities and towns that rely on the Corps of Engineers 
to protect them from flooding and other storm damage, and to 
maintaining the precious natural resources that our rivers, streams, 
and wetlands represent.
  We have an infrastructure problem in this country. The American 
Society of Civil Engineers estimates that we need $3.6 trillion 
investment in our failing infrastructure. I say failing not only 
because its literally crumbling but because the American Society of 
Civil Engineers 2013 Infrastructure Report Card gave America's 
infrastructure a ``D-plus.'' But for our inland waterways, levees, and 
ports that grade is a ``D-minus.''
  As an example, consider the locks and dams on the Mississippi and 
Illinois Rivers. These two rivers are important economic arteries, 
transporting millions of tons of product each year. The locks and dams 
that allow barges to move these goods were built in the 1930s and 
1940s.
  They are aging, and the risk of failure grows by the day. Back in 
March, a

[[Page S3453]]

miter gate at the Marseilles Lock and Dam failed and was closed for 7 
days. During that time, more than 50,000 tons of petroleum products 
came to a halt. That was a 7 day closure--can you imagine the economic 
impact of a catastrophic failure of one of these locks?
  But we also must face reality that we passed this bill in a time of 
budget caps. This bill tries to update some of the funding mechanisms 
and processes we use to maintain and build locks dams, levees, and 
harbors.
  With such great need and limited resources, my colleague Senator Mark 
Kirk and I introduced the Water Infrastructure Now Public Private 
Partnership Act, or WIN P3. I am pleased that the Senate-passed WRDA 
includes a major provision of our bill.
  The provision adds a new element to a pilot program that allows for 
public private agreements between the Corps of Engineers and private 
entities. The pilot would allow the corps to expedite construction by 
bringing in private entities that have enough of a stake in completing 
infrastructure projects quickly that they could bring in private 
resources to help complete the work. The new language ensures that 
projects that have not received Federal funds would qualify for the 
program--projects like lock and dam modernization on the Mississippi 
and Illinois Rivers.
  Currently those upgrades aren't projected to be complete until 2090. 
With this new program, I am hopeful new ways to fund and deliver big 
projects like these will be developed and help Illinois upgrade our 
water infrastructure more quickly.
  This bill includes many provisions that could greatly benefit my home 
State of Illinois. It would keep up the fight against the spread of 
Asian carp. We must keep this invasive species from damaging the 
ecosystem of Lake Michigan.
  The bill would also implement a National Levee Safety Program to 
establish safety standards and provide assistance to locals whose 
levees require rehabilitation. Many communities in Illinois find 
themselves in the difficult situation of having their levees 
decertified but without the funds to make the necessary repairs. I am 
hopeful that this bill could help at least some of them.
  I am pleased that the bill addresses extreme weather. No matter why 
you think it is happening, it is clear that extreme weather events are 
becoming more severe and more frequent.
  Consider the last year: The two costliest natural disasters in the 
world occurred in the United States--the Midwest drought and Hurricane 
Sandy, costing $100 billion. We can't ignore the reality that weather 
events like these are the new normal.
  This bill would initiate studies by the National Academy of Sciences 
and GAO to evaluate how we respond to and mitigate extreme weather 
events. It would also give the corps greater authority to learn from 
and prepare for extreme weather events.
  We have certainly seen our fair share of extreme weather in the 
Midwest and along the Mississippi River lately. Right now in Illinois 
and the Midwest, we are recovering from major floods. But it was only 5 
months ago that the drought that sapped the Midwest caused record low 
water levels on the Mississippi--levels not seen since World War II.
  I traveled to see it. The corps and Coast Guard took me out on an 
observation boat. When we got to the center of the channel, the corps 
commander said, ``Imagine water ten feet over your head right now, 
that's where the water levels should be.''
  The water was so low it threatened to stop navigation on America's 
great commercial artery. Every few days barge operators and shippers 
were faced with the difficult question of whether there would be enough 
water for them to safely transit the Mississippi River. We are talking 
billions of dollars in goods from nearly every sector imaginable--
agriculture, energy, dry goods, bulk goods.
  During the crisis, some recommended it could all be solved if we 
simply allowed more water to flow from the Missouri River into the 
Mississippi. Some even called on the President to declare a disaster 
and mandate the water be taken from the Missouri River.
  I said, ``Let's hold on a minute, we are all in this together.'' What 
happens on the Missouri affects the Mississippi, and the commerce on 
the Mississippi clearly benefits the Missouri River States.
  Instead of draining the Missouri River for the benefit of the 
Mississippi, we pushed the corps to expedite removal of rock pinnacles 
that obstructed navigation. With that, along with some needed rain and 
creative management by the corps, we were able to maintain navigation 
without doing any harm to the Missouri River.
  In my view, that was a fair and responsible outcome. Equally fair and 
responsible, now that we are through the crisis, is doing everything we 
can to learn from what happened and work to ensure we are better 
prepared if it happens again.
  I introduced legislation to do that--the Mississippi River Navigation 
Sustainment Act. I am pleased that legislation is part of the Senate-
passed bill.
  It will improve forecasting capabilities and technology on the 
Mississippi River, give the corps greater flexibility to operate 
outside of the navigation channel, and create an environmental 
management pilot program for the Middle Mississippi.
  Also included from my bill is a provision that would create a greater 
Mississippi River Basin severe flooding and drought management study. 
It will for the first time look at the entire Mississippi River Basin, 
which covers 40 percent of the United States and is the third largest 
river basin in the world. The study will help us better understand how 
the basin functions as a system and how we can best manage it to 
maintain safe and reliable navigation and protect lives and property--
especially during times of extreme flooding and drought.
  This provision was added to the bill as an amendment that I 
introduced with Senator Roy Blunt and others. That amendment was a 
compromise between Missouri River Senators and Mississippi River 
Senators.
  I thank my colleagues, including Senator Baucus, for working with me 
to come up with acceptable language. With this agreement, hopefully we 
can start to get beyond the parochial wars of the past. It is clear 
those of us on the Missouri River and the Mississippi River have a new 
common enemy that isn't going anywhere soon extreme weather.
  I am encouraged that the Senate has come together in a bipartisan way 
on this bill. I now hope the House will pass legislation that makes 
needed investments in the waterways that are so important to the flow 
of commerce and upholds the environmental protections that keep 
America's waterways healthy.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, if I could be heard for less than a 
minute, I would like to thank every single Senator here. I think we 
have literally worked with every one of the Senators on this bill.
  Senator Vitter and I have our differences in a number of areas, but 
when it comes to the infrastructure of our country, we worked very well 
together, as I did with Senator Inhofe.
  The committee voted this bill out unanimously, and we made it better 
on this floor. Senators came to us with amendments that made this a 
better bill.
  Also, I have to praise our staffs. They are unbelievable. I am not 
going to name names now, but later I will put them in the Record. 
Senator Vitter's and my chief of staff, as well as their teams, worked 
seamlessly in the most wonderful and cooperative fashion.
  I want everyone to know that this bill is about 500,000 jobs, 
thousands of businesses, critical flood control, environmental 
restoration projects, harbor maintenance, inland waterways, and we have 
adopted dozens and dozens of amendments.
  We are very excited about this vote. We hope everyone will vote yea. 
It would be a wonderful signal to the House so they can get on with 
this work as well.
  I yield to my friend.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. VITTER. Madam President, I join in all of the comments of the 
distinguished chairman of the committee, and I strongly support this 
bill as well.
  This is a jobs bill as well as a water maritime infrastructure bill 
that is

[[Page S3454]]

good for the economy, and it does it in a way that doesn't increase the 
deficit a penny. This bill contains no earmarks. It institutes 
important reforms to deauthorize projects that are not moving forward, 
so it should even be authorization net neutral. It provides reforms 
which are needed in terms of the Corps of Engineers.
  This is a very strong bipartisan bill. I hope it is also some little 
suggestion of how we can move forward in this body, work in a 
bipartisan way, and have real debate, amendments, and votes on the 
floor, which is another whole aspect of this experience that has been 
very positive.
  I urge a ``yes'' vote.
  The PRESIDING OFFICER. The question is, Shall the bill pass?
  Mr. MENENDEZ. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Lautenberg) and the Senator from Washington (Mrs. Murray) are 
necessarily absent.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Alaska (Ms. Murkowski).
  The PRESIDING OFFICER (Ms. Baldwin). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 83, nays 14, as follows:

                      [Rollcall Vote No. 124 Leg.]

                                YEAS--83

     Alexander
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cowan
     Crapo
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Levin
     Manchin
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murphy
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schatz
     Schumer
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--14

     Ayotte
     Burr
     Coburn
     Cornyn
     Cruz
     Flake
     Heller
     Johnson (WI)
     Leahy
     Lee
     McCain
     Paul
     Rubio
     Scott

                             NOT VOTING--3

     Lautenberg
     Murkowski
     Murray
  The bill (S. 601), as amended, was passed, as follows:

                                 S. 601

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources 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.
Sec. 1004. Future project authorizations.

                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 modification study.
Sec. 2055. Non-Federal plans to provide additional flood risk 
              reduction.
Sec. 2056. Mississippi River forecasting improvements.
Sec. 2057. Flexibility in maintaining navigation.
Sec. 2058. Restricted areas at Corps of Engineers dams.
Sec. 2059. Maximum cost of projects.
Sec. 2060. Donald G. Waldon Lock and Dam.
Sec. 2061. Improving planning and administration of water supply 
              storage.
Sec. 2062. Crediting authority for Federally authorized navigation 
              projects.
Sec. 2063. River basin commissions.
Sec. 2064. Restriction on charges for certain surplus water.

                    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.
Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon.
Sec. 3011. Metro East Flood Risk Management Program, Illinois.
Sec. 3012. Florida Keys water quality improvements.
Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa.
Sec. 3014. Land conveyance, Craney Island Dredged Material Management 
              Area, Portsmouth, Virginia.
Sec. 3015. Los Angeles County Drainage Area, California.
Sec. 3016. Oakland Inner Harbor Tidal Canal, California.
Sec. 3017. Redesignation of Lower Mississippi River Museum and 
              Riverfront Interpretive Site.
Sec. 3018. Louisiana Coastal Area.
Sec. 3019. Four Mile Run, City of Alexandria and Arlington County, 
              Virginia.
Sec. 3020. East Fork of Trinity River, Texas.
Sec. 3021. Seward Waterfront, Seward, Alaska.

                    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.

[[Page S3455]]

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. Upper Missouri Basin shoreline erosion prevention.
Sec. 5010. Northern Rockies headwaters extreme weather mitigation.
Sec. 5011. Aquatic nuisance species prevention, Great Lakes and 
              Mississippi River Basin.
Sec. 5012. Middle Mississippi River pilot program.
Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and 
              Wyoming.
Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland.
Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins 
              Point Dam, South Dakota and Nebraska.
Sec. 5016. Operations and maintenance of inland Mississippi River 
              ports.
Sec. 5017. Remote and subsistence harbors.
Sec. 5018. Multiagency effort to slow the spread of Asian carp in the 
              Upper Mississippi River and Ohio River basins and 
              tributaries.
Sec. 5019. Release of use restrictions.
Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma 
              regarding W.D. Mayo Lock and Dam, Oklahoma.
Sec. 5021. Upper Mississippi River protection.
Sec. 5022. Arctic Deep draft port development partnerships.
Sec. 5023. Greater Mississippi River Basin severe flooding and drought 
              management study.
Sec. 5024. Cape Arundel Disposal Site, Maine.

                         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.
Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois 
              and Kentucky.
Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and 
              Kentucky.

                     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. Harbor maintenance trust fund study.

                          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, tribal, and local permits.
Sec. 10013. Regulations.
Sec. 10014. Funding.
Sec. 10015. Report to Congress.
Sec. 10016. Use of American iron, steel, and manufactured goods.

                       TITLE XI--EXTREME WEATHER

Sec. 11001. Definition of resilient construction technique.
Sec. 11002. Study on risk reduction.
Sec. 11003. GAO study on management of flood, drought, and storm 
              damage.
Sec. 11004. Post-disaster watershed assessments.
Sec. 11005. Authority to accept and expend non-Federal amounts.

              TITLE XII--NATIONAL ENDOWMENT FOR THE OCEANS

Sec. 12001. Short title.
Sec. 12002. Purposes.
Sec. 12003. Definitions.
Sec. 12004. National Endowment for the Oceans.
Sec. 12005. Eligible uses.
Sec. 12006. Grants.
Sec. 12007. Annual report.
Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land 
              exchange.

                       TITLE XIII--MISCELLANEOUS

Sec. 13001. Applicability of Spill Prevention, Control, and 
              Countermeasure rule.
Sec. 13002. America the Beautiful National Parks and Federal 
              Recreational Lands Pass program.

     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) a Report of the Chief of Engineers has been 
     completed; and
       (B) after November 8, 2007, but prior to the date of 
     enactment of this Act, the Assistant Secretary of the Army 
     for Civil Works has submitted to Congress a recommendation to 
     authorize construction of the project.

     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 or property, 
     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 revised cost estimate level for completing 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) De Minimis Amounts.--If the cost to complete 
     construction of an authorized water resources project would 
     exceed the limitations on the maximum cost of the project 
     under section 902 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2280), the Secretary may complete 
     construction of the project, notwithstanding the limitations 
     imposed by that section if--
       (1) construction of the project is at least 70 percent 
     complete at the time the cost of the project is projected to 
     exceed the limitations; and

[[Page S3456]]

       (2) the Federal cost to complete construction is less than 
     $5,000,000.
       (d) 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.

     SEC. 1004. FUTURE PROJECT AUTHORIZATIONS.

       (a) Policy.--The benefits of water resource projects 
     designed and carried out in an economically justifiable, 
     environmentally acceptable, and technically sound manner are 
     important to the economy and environment of the United States 
     and recommendations to Congress regarding those projects 
     should be expedited for approval in a timely manner.
       (b) Applicability.--The procedures under this section apply 
     to 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 identified in 
     the report of the Chief of Engineers for the project; and
       (B) subject to any conditions described in the report for 
     the project; and
       (2)(A) a report of the Chief of Engineers has been 
     completed; and
       (B) after the date of enactment of this Act, the Assistant 
     Secretary of the Army for Civil Works has submitted to 
     Congress a recommendation to authorize construction of the 
     project.
       (c) Expedited Consideration.--
       (1) In general.--A bill shall be eligible for expedited 
     consideration in accordance with this subsection if the 
     bill--
       (A) authorizes a project that meets the requirements 
     described in subsection (b); and
       (B) is referred to the Committee on Environment and Public 
     Works of the Senate.
       (2) Committee consideration.--
       (A) In general.--Not later than January 31st of the second 
     session of each Congress, the Committee on Environment and 
     Public Works of the Senate shall--
       (i) report all bills that meet the requirements of 
     paragraph (1); or
       (ii) introduce and report a measure to authorize any 
     project that meets the requirements described in subsection 
     (b).
       (B) Failure to act.--Subject to subparagraph (C), if the 
     Committee fails to act on a bill that meets the requirements 
     of paragraph (1) by the date specified in subparagraph (A), 
     the bill shall be discharged from the Committee and placed on 
     the calendar of the Senate.
       (C) Exceptions.--Subparagraph (B) shall not apply if--
       (i) in the 180-day period immediately preceding the date 
     specified in subparagraph (A), the full Committee holds a 
     legislative hearing on a bill to authorize all projects that 
     meet the requirements described in subsection (b);
       (ii)(I) the Committee favorably reports a bill to authorize 
     all projects that meet the requirements described in 
     subsection (b); and
       (II) the bill described in subclause (I) is placed on the 
     calendar of the Senate; or
       (iii) a bill that meets the requirements of paragraph (1) 
     is referred to the Committee not earlier than 30 days before 
     the date specified in subparagraph (A).
       (d) Termination.--The procedures for expedited 
     consideration under this section terminate on December 31, 
     2018.

                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 the 
     mitigation measures that will be implemented to meet the 
     requirements of this section and the goals of section 
     307(a)(1) of the Water Resources Development Act of 1990 (33 
     U.S.C. 2317(a)(1)).'';
       (B) in paragraph (2)--
       (i) in the heading, by striking ``Design'' and inserting 
     ``Selection and design'';
       (ii) by inserting ``select and'' after ``shall''; and
       (iii) by inserting ``using a watershed approach'' after 
     ``projects''; and

[[Page S3457]]

       (C) in paragraph (3)--
       (i) in subparagraph (A), by inserting ``, at a minimum,'' 
     after ``complies with''; and
       (ii) in subparagraph (B)--

       (I) by striking clause (iii);
       (II) by redesignating clauses (iv) and (v) as clauses (v) 
     and (vi), respectively; and
       (III) by inserting after clause (ii) the following:

       ``(iii) for projects where mitigation will be carried out 
     by the Secretary--

       ``(I) a description of the land and interest in land to be 
     acquired for the mitigation plan;
       ``(II) the basis for a determination that the land and 
     interests are available for acquisition; and
       ``(III) a determination that the proposed interest sought 
     does not exceed the minimum interest in land necessary to 
     meet the mitigation requirements for the project;

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

       ``(I) a description of the third party mitigation 
     instrument to be used; and
       ``(II) the basis for a determination that the mitigation 
     instrument can meet the mitigation requirements for the 
     project;''; and

       (2) by adding at the end the following:
       ``(h) Programmatic Mitigation Plans.--
       ``(1) In general.--The Secretary may develop 1 or more 
     programmatic mitigation plans to address the potential 
     impacts to ecological resources, fish, and wildlife 
     associated with existing or future water resources 
     development projects.
       ``(2) Use of mitigation plans.--The Secretary shall, to the 
     maximum extent practicable, use programmatic mitigation plans 
     developed in accordance with this subsection to guide the 
     development of a mitigation plan under subsection (d).
       ``(3) Non-federal plans.--The Secretary shall, to the 
     maximum extent practicable and subject to all conditions of 
     this subsection, use programmatic environmental plans 
     developed by a State, a body politic of the State, which 
     derives its powers from a State constitution, a government 
     entity created by State legislation, or a local government, 
     that meet the requirements of this subsection to address the 
     potential environmental impacts of existing or future water 
     resources development projects.
       ``(4) Scope.--A programmatic mitigation plan developed by 
     the Secretary or an entity described in paragraph (3) to 
     address potential impacts of existing or future water 
     resources development projects shall, to the maximum extent 
     practicable--
       ``(A) be developed on a regional, ecosystem, watershed, or 
     statewide scale;
       ``(B) include specific goals for aquatic resource and fish 
     and wildlife habitat restoration, establishment, enhancement, 
     or preservation;
       ``(C) identify priority areas for aquatic resource and fish 
     and wildlife habitat protection or restoration;
       ``(D) encompass multiple environmental resources within a 
     defined geographical area or focus on a specific resource, 
     such as aquatic resources or wildlife habitat; and
       ``(E) address impacts from all projects in a defined 
     geographical area or focus on a specific type of project.
       ``(5) Consultation.--The scope of the plan shall be 
     determined by the Secretary or an entity described in 
     paragraph (3), as appropriate, in consultation with the 
     agency with jurisdiction over the resources being addressed 
     in the environmental mitigation plan.
       ``(6) Contents.--A programmatic environmental mitigation 
     plan may include--
       ``(A) an assessment of the condition of environmental 
     resources in the geographical area covered by the plan, 
     including an assessment of recent trends and any potential 
     threats to those resources;
       ``(B) an assessment of potential opportunities to improve 
     the overall quality of environmental resources in the 
     geographical area covered by the plan through strategic 
     mitigation for impacts of water resources development 
     projects;
       ``(C) standard measures for mitigating certain types of 
     impacts;
       ``(D) parameters for determining appropriate mitigation for 
     certain types of impacts, such as mitigation ratios or 
     criteria for determining appropriate mitigation sites;
       ``(E) adaptive management procedures, such as protocols 
     that involve monitoring predicted impacts over time and 
     adjusting mitigation measures in response to information 
     gathered through the monitoring;
       ``(F) acknowledgment of specific statutory or regulatory 
     requirements that must be satisfied when determining 
     appropriate mitigation for certain types of resources; and
       ``(G) any offsetting benefits of self-mitigating projects, 
     such as ecosystem or resource restoration and protection.
       ``(7) Process.--Before adopting a programmatic 
     environmental mitigation plan for use under this subsection, 
     the Secretary shall--
       ``(A) for a plan developed by the Secretary--
       ``(i) make a draft of the plan available for review and 
     comment by applicable environmental resource agencies and the 
     public; and
       ``(ii) consider any comments received from those agencies 
     and the public on the draft plan; and
       ``(B) for a plan developed under paragraph (3), determine, 
     not later than 180 days after receiving the plan, whether the 
     plan meets the requirements of paragraphs (4) through (6) and 
     was made available for public comment.
       ``(8) Integration with other plans.--A programmatic 
     environmental mitigation plan may be integrated with other 
     plans, including watershed plans, ecosystem plans, species 
     recovery plans, growth management plans, and land use plans.
       ``(9) Consideration in project development and 
     permitting.--If a programmatic environmental mitigation plan 
     has been developed under this subsection, any Federal agency 
     responsible for environmental reviews, permits, or approvals 
     for a water resources development project may use the 
     recommendations in that programmatic environmental mitigation 
     plan when carrying out the responsibilities of the agency 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(10) Preservation of existing authorities.--Nothing in 
     this subsection limits the use of programmatic approaches to 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       ``(i) Third-party Mitigation Arrangements.--
       ``(1) Eligible activities.--In accordance with all 
     applicable Federal laws (including regulations), mitigation 
     efforts carried out under this section may include--
       ``(A) participation in mitigation banking or other third-
     party mitigation arrangements, such as--
       ``(i) the purchase of credits from commercial or State, 
     regional, or local agency-sponsored mitigation banks; and
       ``(ii) the purchase of credits from in-lieu fee mitigation 
     programs; and
       ``(B) contributions to statewide and regional efforts to 
     conserve, restore, enhance, and create natural habitats and 
     wetlands if the Secretary determines that the contributions 
     will ensure that the mitigation requirements of this section 
     and the goals of section 307(a)(1) of the Water Resources 
     Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be met.
       ``(2) Inclusion of other activities.--The banks, programs, 
     and efforts described in paragraph (1) include any banks, 
     programs, and efforts developed in accordance with applicable 
     law (including regulations).
       ``(3) Terms and conditions.--In carrying out natural 
     habitat and wetlands mitigation efforts under this section, 
     contributions to the mitigation effort may--
       ``(A) take place concurrent with, or in advance of, the 
     commitment of funding to a project; and
       ``(B) occur in advance of project construction only if the 
     efforts are consistent with all applicable requirements of 
     Federal law (including regulations) and water resources 
     development planning processes.
       ``(4) Preference.--At the request of the non-Federal 
     project sponsor, preference may be given, to the maximum 
     extent practicable, to mitigating an environmental impact 
     through the use of a mitigation bank, in-lieu fee, or other 
     third-party mitigation arrangement, if the use of credits 
     from the mitigation bank or in-lieu fee, or the other third-
     party mitigation arrangement for the project has been 
     approved by the applicable Federal agency.
       ``(j) Use of Funds.--The Secretary may use funds made 
     available for preconstruction engineering and design prior to 
     authorization of project construction to satisfy mitigation 
     requirements through third party mechanisms or to acquire 
     interests in land necessary for meeting the mitigation 
     requirements of this section.''.
       (b) Application.--The amendments made by subsection (a) 
     shall not apply to a project for which a mitigation plan has 
     been completed as of the date of enactment of this Act.
       (c) Technical Assistance.--
       (1) In general.--The Secretary may provide technical 
     assistance to States and local governments to establish 
     third-party mitigation instruments, including mitigation 
     banks and in-lieu fee programs, that will help to target 
     mitigation payments to high-priority ecosystem restoration 
     actions.
       (2) Requirements.--In providing technical assistance under 
     this subsection, the Secretary shall give priority to States 
     and local governments that have developed State, regional, or 
     watershed-based plans identifying priority restoration 
     actions.
       (3) Mitigation instruments.--The Secretary shall seek to 
     ensure any technical assistance provided under this 
     subsection will support the establishment of mitigation 
     instruments that will result in restoration of high-priority 
     areas identified in the plans under paragraph (2).

     SEC. 2006. MITIGATION STATUS REPORT.

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

[[Page S3458]]

     Development Act of 1986 (33 U.S.C. 2283(d)(4)(B)).''.

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Timing of Peer Review.--Section 2034(b) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(b)) is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Reasons for timing.--If the Chief of Engineers does 
     not initiate a peer review for a project study at a time 
     described in paragraph (2), the Chief shall--
       ``(A) not later than 7 days after the date on which the 
     Chief of Engineers determines not to initiate a peer review--
       ``(i) notify the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives of that 
     decision; and
       ``(ii) make publicly available, including on the Internet 
     the reasons for not conducting the review; and
       ``(B) include the reasons for not conducting the review in 
     the decision document for the project study.''.
       (b) Establishment of Panels.--Section 2034(c) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(c)) is 
     amended by striking paragraph (4) and inserting the 
     following:
       ``(4) Congressional and public notification.--Following the 
     identification of a project study for peer review under this 
     section, but prior to initiation of the review by the panel 
     of experts, the Chief of Engineers shall, not later than 7 
     days after the date on which the Chief of Engineers 
     determines to conduct a review--
       ``(A) notify the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives of the review; 
     and
       ``(B) make publicly available, including on the Internet, 
     information on--
       ``(i) the dates scheduled for beginning and ending the 
     review;
       ``(ii) the entity that has the contract for the review; and
       ``(iii) the names and qualifications of the panel of 
     experts.''.
       (c) Recommendations of Panel.--Section 2034(f) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(f)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Public availability and submission to congress.--
     After receiving a report on a project study from a panel of 
     experts under this section, the Chief of Engineers shall make 
     available to the public, including on the Internet, and 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives--
       ``(A) a copy of the report not later than 7 days after the 
     date on which the report is delivered to the Chief of 
     Engineers; and
       ``(B) a copy of any written response of the Chief of 
     Engineers on recommendations contained in the report not 
     later than 3 days after the date on which the response is 
     delivered to the Chief of Engineers.
       ``(3) Inclusion in project study.--A report on a project 
     study from a panel of experts under this section and the 
     written response of the Chief of Engineers shall be included 
     in the final decision document for the project study.''.
       (d) Applicability.--Section 2034(h)(2) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) is 
     amended by striking ``7 years'' and inserting ``12 years''.

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

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

     ``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

[[Page S3459]]

     out the amendments made by subsection (a)(3).
       (c) Effective Date.--The amendments made by subsection (a) 
     take effect on November 8, 2007.

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

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

     SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS.

       (a) In General.--Section 221(a)(4) of the Flood Control Act 
     of 1970 (42 U.S.C. 1962d-5b(a)(4)) is amended--
       (1) in subparagraph (A), in the matter preceding clause (i) 
     by inserting ``or a project under an environmental 
     infrastructure assistance program'' after ``law'';
       (2) in subparagraph (C), by striking ``In any case'' and 
     all that follows through the period at the end and inserting 
     the following:
       ``(i) Construction.--

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

       ``(ii) Planning.--

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

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

     SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT.

       Section 211(e)(2) of the Water Resources Development Act of 
     1996 (33 U.S.C. 701b-13(e)(2)) is amended by adding at the 
     end the following:
       ``(C) Studies or other projects.--On the request of a non-
     Federal interest, in lieu of

[[Page S3460]]

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

     SEC. 2014. DAM OPTIMIZATION.

       (a) Definition of Other Related Project Benefits.--In this 
     section, the term ``other related project benefits'' 
     includes--
       (1) environmental protection and restoration, including 
     restoration of water quality and water flows, improving 
     movement of fish and other aquatic species, and restoration 
     of floodplains, wetlands, and estuaries;
       (2) increased water supply storage (except for any project 
     in the Apalachicola-Chattahoochee-Flint River system and the 
     Alabama-Coosa-Tallapoosa River system);
       (3) increased hydropower generation;
       (4) reduced flood risk;
       (5) additional navigation; and
       (6) improved recreation.
       (b) Program.--
       (1) In general.--The Secretary may carry out activities--
       (A) to improve the efficiency of the operations and 
     maintenance of dams and related infrastructure operated by 
     the Corps of Engineers; and
       (B) to maximize, to the extent practicable--
       (i) authorized project purposes; and
       (ii) other related project benefits.
       (2) Eligible activities.--An eligible activity under this 
     section is any activity that the Secretary would otherwise be 
     authorized to carry out that is designed to provide other 
     related project benefits in a manner that does not adversely 
     impact the authorized purposes of the project.
       (3) Impact on authorized purposes.--An activity carried out 
     under this section shall not adversely impact any of the 
     authorized purposes of the project.
       (4) Effect.--
       (A) Existing agreements.--Nothing in this section--
       (i) supersedes or modifies any written agreement between 
     the Federal Government and a non-Federal interest that is in 
     effect on the date of enactment of this Act; or
       (ii) supersedes or authorizes any amendment to a multistate 
     water-control plan, including the Missouri River Master Water 
     Control Manual (as in effect on the date of enactment of this 
     Act).
       (B) Water rights.--Nothing in this section--
       (i) affects any water right in existence on the date of 
     enactment of this Act;
       (ii) preempts or affects any State water law or interstate 
     compact governing water; or
       (iii) affects any authority of a State, as in effect on the 
     date of enactment of this Act, to manage water resources 
     within that State.
       (5) Other laws.--
       (A) In general.--An activity carried out under this section 
     shall comply with all other applicable laws (including 
     regulations).
       (B) Water supply.--Any activity carried out under this 
     section that results in any modification to water supply 
     storage allocations at a reservoir operated by the Secretary 
     shall comply with section 301 of the Water Supply Act of 1958 
     (43 U.S.C. 390b).
       (c) Policies, Regulations, and Guidance.--The Secretary 
     shall carry out a review of, and as necessary modify, the 
     policies, regulations, and guidance of the Secretary to carry 
     out the activities described in subsection (b).
       (d) Coordination.--
       (1) In general.--The Secretary shall--
       (A) coordinate all planning and activities carried out 
     under this section with appropriate Federal, State, and local 
     agencies and those public and private entities that the 
     Secretary determines may be affected by those plans or 
     activities; and
       (B) give priority to planning and activities under this 
     section if the Secretary determines that--
       (i) the greatest opportunities exist for achieving the 
     objectives of the program, as specified in subsection (b)(1), 
     and
       (ii) the coordination activities under this subsection 
     indicate that there is support for carrying out those 
     planning and activities.
       (2) Non-federal interests.--Prior to carrying out an 
     activity under this section, the Secretary shall consult with 
     any applicable non-Federal interest of the affected dam or 
     related infrastructure.
       (e) Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to Congress a report describing the 
     actions carried out under this section.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include--
       (A) a schedule for reviewing the operations of individual 
     projects; and
       (B) any recommendations of the Secretary on changes that 
     the Secretary determines to be necessary--
       (i) to carry out existing project authorizations, including 
     the deauthorization of any water resource project that the 
     Secretary determines could more effectively be achieved 
     through other means;
       (ii) to improve the efficiency of water resource project 
     operations; and
       (iii) to maximize authorized project purposes and other 
     related project benefits.
       (3) Updated report.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall update the report 
     entitled ``Authorized and Operating Purposes of Corps of 
     Engineers Reservoirs'' and dated July 1992, which was 
     produced pursuant to section 311 of the Water Resources 
     Development Act of 1990 (104 Stat. 4639).
       (B) Inclusions.--The updated report described in 
     subparagraph (A) shall include--
       (i) the date on which the most recent review of project 
     operations was conducted and any recommendations of the 
     Secretary relating to that review the Secretary determines to 
     be significant; and
       (ii) the dates on which the recommendations described in 
     clause (i) were carried out.
       (f) Funding.--
       (1) In general.--The Secretary may use to carry out this 
     section amounts made available to the Secretary from--
       (A) the general purposes and expenses account;
       (B) the operations and maintenance account; and
       (C) any other amounts that are appropriated to carry out 
     this section.
       (2) Funding from other sources.--The Secretary may accept 
     and expend amounts from non-Federal entities and other 
     Federal agencies to carry out this section.
       (g) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with other Federal agencies and non-
     Federal entities to carry out this section.

     SEC. 2015. WATER SUPPLY.

       Section 301 of the Water Supply Act of 1958 (43 U.S.C. 
     390b) is amended by adding at the end the following:
       ``(e) The Committees of jurisdiction are very concerned 
     about the operation of projects in the Apalachicola-
     Chattahoochee-Flint River System and the Alabama-Coosa-
     Tallapoosa River System, and further, the Committees of 
     jurisdiction recognize that this ongoing water resources 
     dispute raises serious concerns related to the authority of 
     the Secretary of the Army to allocate substantial storage at 
     projects to provide local water supply pursuant to the Water 
     Supply Act of 1958 absent congressional approval. Interstate 
     water disputes of this nature are more properly addressed 
     through interstate water agreements that take into 
     consideration the concerns of all affected States including 
     impacts to other authorized uses of the projects, water 
     supply for communities and major cities in the region, water 
     quality, freshwater flows to communities, rivers, lakes, 
     estuaries, and bays located downstream of projects, 
     agricultural uses, economic development, and other 
     appropriate concerns. To that end, the Committees of 
     jurisdiction strongly urge the Governors of the affected 
     States to reach agreement on an interstate water compact as 
     soon as possible, and we pledge our commitment to work with 
     the affected States to ensure prompt consideration and 
     approval of any such agreement. Absent such action, the 
     Committees of jurisdiction should consider appropriate 
     legislation to address these matters including any necessary 
     clarifications to the Water Supply Act of 1958 or other law. 
     This subsection does not alter existing rights or obligations 
     under law.''.

     SEC. 2016. REPORT ON WATER STORAGE PRICING FORMULAS.

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

     SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED WORK.

       (a) In General.--The Secretary may carry out measures to 
     improve fish species habitat within the footprint and 
     downstream of a water resources project constructed by the 
     Secretary that includes a fish hatchery if the Secretary--
       (1) has been explicitly authorized to compensate for fish 
     losses associated with the project; and

[[Page S3461]]

       (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.
       (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

[[Page S3462]]

     outcome was affected by the former national guidelines.

     SEC. 2021. LEVEE CERTIFICATIONS.

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

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

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

     SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.

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

     SEC. 2024. DREDGING STUDY.

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

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

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate the cost-effectiveness 
     and project delivery efficiency of allowing non-Federal 
     interests to carry out flood risk management, hurricane and 
     storm damage reduction, coastal harbor and channel inland 
     navigation, and aquatic ecosystem restoration projects.
       (b) Purposes.--The purposes of the pilot program are--
       (1) to identify project delivery and cost-saving 
     alternatives that reduce the backlog of authorized Corps of 
     Engineers projects;
       (2) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal interest 
     carrying out the design, execution,

[[Page S3463]]

     management, and construction of 1 or more projects; and
       (3) to evaluate alternatives for the decentralization of 
     the project management, design, and construction for 
     authorized Corps of Engineers water resources projects.
       (c) Administration.--
       (1) In general.--In carrying out the pilot program, the 
     Secretary shall--
       (A) identify a total of not more than 15 projects for flood 
     risk management, hurricane and storm damage reduction 
     (including levees, floodwalls, flood control channels, and 
     water control structures), coastal harbor and channels, 
     inland navigation, and aquatic ecosystem restoration that 
     have been authorized for construction prior to the date of 
     enactment of this Act, including--
       (i) not more than 12 projects that--

       (I)(aa) have received Federal funds prior to the date of 
     enactment of this Act; or
       (bb) for more than 2 consecutive fiscal years, have an 
     unobligated funding balance for that project in the Corps of 
     Engineers construction account; and
       (II) to the maximum extent practicable, are located in each 
     of the divisions of the Corps of Engineers; and

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

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

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate the cost-effectiveness 
     and project delivery efficiency of allowing non-Federal 
     interests to carry out feasibility studies for flood risk 
     management, hurricane and storm damage reduction, aquatic 
     ecosystem restoration, and coastal harbor and channel and 
     inland navigation.
       (b) Purposes.--The purposes of the pilot program are--
       (1) to identify project delivery and cost-saving 
     alternatives to the existing feasibility study process;
       (2) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal interest 
     carrying out a feasibility study of 1 or more projects; and
       (3) to evaluate alternatives for the decentralization of 
     the project planning, management, and operational 
     decisionmaking process of the Corps of Engineers.
       (c) Administration.--
       (1) In general.--On the request of a non-Federal interest, 
     the Secretary may enter into an agreement with the non-
     Federal interest for the non-Federal interest to provide full 
     project management control of a feasibility study for a 
     project for--
       (A) flood risk management;
       (B) hurricane and storm damage reduction, including levees, 
     floodwalls, flood control channels, and water control 
     structures;
       (C) coastal harbor and channel and inland navigation; and
       (D) aquatic ecosystem restoration.
       (2) Use of non-federal-funds.--
       (A) In general.--A non-Federal interest that has entered 
     into an agreement with the Secretary pursuant to paragraph 
     (1) may use non-Federal funds to carry out the feasibility 
     study.
       (B) Credit.--The Secretary shall credit towards the non-
     Federal share of the cost of construction of a project for 
     which a feasibility study is carried out under this section 
     an amount equal to the portion of the cost of developing the 
     study that would have been the responsibility of the 
     Secretary, if the study were carried out by the Secretary, 
     subject to the conditions that--
       (i) non-Federal funds were used to carry out the activities 
     that would have been the responsibility of the Secretary;
       (ii) the Secretary determines that the feasibility study 
     complies with all applicable Federal laws and regulations; 
     and
       (iii) the project is authorized by any provision of Federal 
     law enacted after the date on which an agreement is entered 
     into under paragraph (1).
       (3) Transfer of funds.--
       (A) In general.--After the date on which an agreement is 
     executed pursuant to paragraph (1), the Secretary may 
     transfer to the non-Federal interest to carry out the 
     feasibility study--
       (i) if applicable, the balance of any unobligated amounts 
     appropriated for the study, except that the Secretary shall 
     retain sufficient amounts for the Corps of Engineers to carry 
     out any responsibilities of the Corps of Engineers relating 
     to the project and pilot program; and
       (ii) additional amounts, as determined by the Secretary, 
     from amounts made available under subsection (h), except that 
     the total amount transferred to the non-Federal interest 
     shall not exceed the updated estimate of the Federal share of 
     the cost of the feasibility study.
       (B) Administration.--The Secretary shall include such 
     provisions as the Secretary determines to be necessary in an 
     agreement under paragraph (1) to ensure that a non-Federal 
     interest receiving Federal funds under this paragraph--
       (i) has the necessary qualifications to administer those 
     funds; and
       (ii) will comply with all applicable Federal laws 
     (including regulations) relating to the use of those funds.
       (4) Notification.--The Secretary shall notify the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the initiation of each feasibility 
     study under the pilot program.

[[Page S3464]]

       (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.--Subject to subsection (b)(2)(A), the 
     Secretary of the Army, acting through the Chief of Engineers, 
     may provide periodic beach nourishment for each water 
     resources development project for which that nourishment has 
     been authorized for an additional period of time, as 
     determined by the Secretary, subject to the condition that 
     the additional period shall not exceed the later of--
       ``(1) 50 years after the date on which the construction of 
     the project is initiated; or
       ``(2) the date on which the last estimated periodic 
     nourishment for the project is to be carried out, as 
     recommended in the applicable report of the Chief of 
     Engineers.
       ``(b) Extension.--
       ``(1) In general.--Except as provided in paragraph (3), 
     before the date on which the 50-year period referred to in 
     subsection (a)(1) expires, the Secretary of the Army, acting 
     through the Chief of Engineers--
       ``(A) may, at the request of the non-Federal interest and 
     subject to the availability of appropriations, carry out a 
     review of a nourishment project carried out under subsection 
     (a) to evaluate the feasibility of continuing Federal 
     participation in the project for a period not to exceed 15 
     years; and
       ``(B) shall submit to Congress any recommendations of the 
     Secretary relating to the review.
       ``(2) Plan for reducing risk to people and property.--
       ``(A) In general.--The non-Federal interest shall submit to 
     the Secretary a plan for reducing the risk to people and 
     property during the life of the project.
       ``(B) Inclusion in report to congress.--The Secretary shall 
     submit to Congress the plan described in subparagraph (A) 
     with the recommendations submitted in paragraph (1)(B).
       ``(3) Review commenced within 2 years of expiration of 50-
     year period.--
       ``(A) In general.--If the Secretary of the Army commences a 
     review under paragraph (1) not earlier than the period 
     beginning on the date that is 2 years before the date on 
     which the 50-year period referred to in subsection (a)(1) 
     expires and ending on the date on which the 50-year period 
     expires, the project shall remain authorized after the 
     expiration of the 50-year period until the earlier of--
       ``(i) 3 years after the expiration of the 50-year period; 
     or
       ``(ii) the date on which a determination is made as to 
     whether to extend Federal participation in the project in 
     accordance with paragraph (1).
       ``(B) Calculation of time period for extension.--
     Notwithstanding clauses (i) and (ii) of subparagraph (A) and 
     after a review under subparagraph (A) is completed, if a 
     determination is made to extend Federal participation in the 
     project in accordance with paragraph (1) for a period not to 
     exceed 15 years, that period shall begin on the date on which 
     the determination is made.''.

     SEC. 2031. REGIONAL SEDIMENT MANAGEMENT.

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

[[Page S3465]]

     SEC. 2032. STUDY ACCELERATION.

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

     SEC. 2033. PROJECT ACCELERATION.

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

     ``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 resource projects required 
     to be prepared pursuant to the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Environmental review process.--
       ``(A) In general.--The term `environmental review process' 
     means the process of preparing an environmental impact 
     statement, environmental assessment, categorical exclusion, 
     or other document under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for a water resource 
     project.
       ``(B) Inclusions.--The term `environmental review process' 
     includes the process for and completion of any environmental 
     permit, approval, review, or study required for a water 
     resource project under any Federal law other than the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(3) Federal jurisdictional agency.--The term `Federal 
     jurisdictional agency' means a Federal agency with 
     jurisdiction delegated by law, regulation, order, or 
     otherwise over an approval or decision required for a water 
     resource project under applicable Federal laws (including 
     regulations).
       ``(4) Lead agency.--The term `lead agency' means the Corps 
     of Engineers and, if applicable, any State, local, or tribal 
     governmental entity serving as a joint lead agency pursuant 
     to section 1506.3 of title 40, Code of Federal Regulations 
     (or a successor regulation).
       ``(5) Water resource project.--The term `water resource 
     project' means a Corps of Engineers water resource project.
       ``(b) Policy.--The benefits of water resource projects 
     designed and carried out in an economically and 
     environmentally sound manner are important to the economy and 
     environment of the United States, and recommendations to 
     Congress regarding those projects should be developed using 
     coordinated and efficient review and cooperative efforts to 
     prevent or quickly resolve disputes during the planning of 
     those water resource projects.
       ``(c) Applicability.--
       ``(1) In general.--The project planning procedures under 
     this section apply to proposed projects initiated after the 
     date of enactment of the Water Resources Development Act of 
     2013 and for which the Secretary determines that--
       ``(A) an environmental impact statement is required; or
       ``(B) at the discretion of the Secretary, other water 
     resource projects for which an environmental review process 
     document is required to be prepared.
       ``(2) Flexibility.--Any authorities granted in this section 
     may be exercised, and any requirements established under this 
     section may be satisfied, for the planning of a water 
     resource project, a class of those projects, or a program of 
     those projects.
       ``(3) List of water resources development projects.--
       ``(A) In general.--The Secretary shall annually prepare, 
     and make publicly available, a separate list of each study 
     that the Secretary has determined--
       ``(i) meets the standards described in paragraph (1); and
       ``(ii) does not have adequate funding to make substantial 
     progress toward the completion of the planning activities for 
     the water resource project.
       ``(B) Inclusions.--The Secretary shall include for each 
     study on the list under subparagraph (A) a description of the 
     estimated amounts necessary to make substantial progress on 
     the study.
       ``(4) Implementation guidance.--The Secretary shall 
     prepare, in consultation with the Council on Environmental 
     Quality and other Federal agencies with jurisdiction over 
     actions or resources that may be impacted by a water resource 
     project, guidance documents that describe the coordinated 
     review processes that the Secretary will use to implement 
     this section for the planning of water resource projects, in 
     accordance with the civil works program of the Corps of 
     Engineers and all applicable law.
       ``(d) Water Resource Project Review Process.--
       ``(1) In general.--The Secretary shall develop and 
     implement a coordinated review process for the development of 
     water resource projects.
       ``(2) Coordinated review.--The coordinated review process 
     described in paragraph (1) shall require that any analysis, 
     opinion, permit, license, statement, and approval issued or 
     made by a Federal, State, or local governmental agency or an 
     Indian tribe for the planning of a water resource project 
     described in subsection (b) be conducted, to the maximum 
     extent practicable, concurrently with any other applicable 
     governmental agency or Indian tribe.
       ``(3) Timing.--The coordinated review process under this 
     subsection shall be completed not later than the date on 
     which the Secretary, in consultation and concurrence with the 
     agencies identified under subsection (e), establishes with 
     respect to the water resource project.
       ``(e) Identification of Jurisdictional Agencies.--With 
     respect to the development of each water resource project, 
     the Secretary shall identify, as soon as practicable, all 
     Federal, State, and local government agencies and Indian 
     tribes that may--
       ``(1) have jurisdiction over the water resource project;
       ``(2) be required by law to conduct or issue a review, 
     analysis, or opinion for the water resource project; or
       ``(3) be required to make a determination on issuing a 
     permit, license, or approval for the water resource project.
       ``(f) State Authority.--If the coordinated review process 
     is being implemented under this section by the Secretary with 
     respect to the planning of a water resource project described 
     in subsection (c) within the boundaries of a State, the 
     State, consistent with State law, may choose to participate 
     in the process and to make subject to the process all State 
     agencies that--
       ``(1) have jurisdiction over the water resource project;
       ``(2) are required to conduct or issue a review, analysis, 
     or opinion for the water resource project; or
       ``(3) are required to make a determination on issuing a 
     permit, license, or approval for the water resource project.
       ``(g) Lead Agencies.--
       ``(1) Federal lead agency.--Subject to paragraph (2), the 
     Corps of Engineers shall be the lead Federal agency in the 
     environmental review process for a water resource project.
       ``(2) Joint lead agencies.--
       ``(A) In general.--At the discretion of the Secretary and 
     subject to any applicable regulations under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     including the concurrence of the proposed joint lead agency, 
     an agency other than the Corps of Engineers may serve as the 
     joint lead agency.
       ``(B) Non-federal interest as joint lead agency.--A non-
     Federal interest that is a State or local governmental 
     entity--
       ``(i) may, with the concurrence of the Secretary, serve as 
     a joint lead agency with the Corps of Engineers for purposes 
     of preparing any environmental document under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       ``(ii) may prepare any environmental review process 
     document under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) required in support of any action or 
     approval by the Secretary if--

[[Page S3466]]

       ``(I) the Secretary provides guidance in the preparation 
     process and independently evaluates that document
       ``(II) the non-Federal interest complies with all 
     requirements applicable to the Secretary under--

       ``(aa) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(bb) any regulation implementing that Act; and
       ``(cc) any other applicable Federal law; and

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

       ``(3) Duties.--The Secretary shall ensure that--
       ``(A) the non-Federal interest complies with all design and 
     mitigation commitments made jointly by the Secretary and the 
     non-Federal interest in any environmental document prepared 
     by the non-Federal interest in accordance with this 
     subsection; and
       ``(B) any environmental document prepared by the non-
     Federal interest is appropriately supplemented under 
     paragraph (2)(B) to address any changes to the water resource 
     project the Secretary determines are necessary.
       ``(4) Adoption and use of documents.--Any environmental 
     document prepared in accordance with this subsection may be 
     adopted or used by any Federal agency making any approval to 
     the same extent that the Federal agency could adopt or use a 
     document prepared by another Federal agency under--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(B) parts 1500 through 1508 of title 40, Code of Federal 
     Regulations (or successor regulations).
       ``(5) Roles and responsibility of lead agency.--With 
     respect to the environmental review process for any water 
     resource project, the lead agency shall have authority and 
     responsibility--
       ``(A) to take such actions as are necessary and proper and 
     within the authority and responsibility of the lead agency to 
     facilitate the expeditious resolution of the environmental 
     review process for the water resource project; and
       ``(B) to prepare or ensure that any required environmental 
     impact statement or other environmental review document for a 
     water resource project required to be completed under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is completed in accordance with this section and 
     applicable Federal law.
       ``(h) Participating and Cooperating Agencies.--
       ``(1) Invitation.--
       ``(A) In general.--The lead agency shall identify, as early 
     as practicable in the environmental review process for a 
     water resource project, any other Federal or non-Federal 
     agencies that may have an interest in that project and invite 
     those agencies to become participating or cooperating 
     agencies, as applicable, in the environmental review process 
     for the water resource project.
       ``(B) Procedures.--Section 1501.6 of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the Water Resources Development Act of 2013) shall govern the 
     identification and the participation of a cooperating agency 
     under subparagraph (A).
       ``(C) Deadline.--An invitation to participate issued under 
     subparagraph (A) shall set a deadline by which a response to 
     the invitation shall be submitted, which may be extended by 
     the lead agency for good cause.
       ``(2) Federal cooperating agencies.--Any Federal agency 
     that is invited by the lead agency to participate in the 
     environmental review process for a water resource project 
     shall be designated as a cooperating agency by the lead 
     agency unless the invited agency informs the lead agency, in 
     writing, by the deadline specified in the invitation that the 
     invited agency--
       ``(A)(i) has no jurisdiction or authority with respect to 
     the water resource project;
       ``(ii) has no expertise or information relevant to the 
     water resource project; or
       ``(iii) does not have adequate funds to participate in the 
     water resource project; and
       ``(B) does not intend to submit comments on the water 
     resource project.
       ``(3) Effect of designation.--Designation as a 
     participating or cooperating agency under this subsection 
     shall not imply that the participating or cooperating 
     agency--
       ``(A) supports a proposed water resource project; or
       ``(B) has any jurisdiction over, or special expertise with 
     respect to evaluation of, the water resource project.
       ``(4) Concurrent reviews.--Each cooperating agency shall--
       ``(A) carry out the obligations of that agency under other 
     applicable law concurrently and in conjunction with the 
     required environmental review process, unless doing so would 
     impair the ability of the Federal agency to conduct needed 
     analysis or otherwise carry out those obligations; and
       ``(B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       ``(i) Programmatic Compliance.--
       ``(1) In general.--The Secretary shall issue guidance 
     regarding the use of programmatic approaches to carry out the 
     environmental review process that--
       ``(A) eliminates repetitive discussions of the same issues;
       ``(B) focuses on the actual issues ripe for analyses at 
     each level of review;
       ``(C) establishes a formal process for coordinating with 
     cooperating agencies, including the creation of a list of all 
     data that is needed to carry out an environmental review 
     process; and
       ``(D) complies with--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(ii) all other applicable laws.
       ``(2) Requirements.--In carrying out paragraph (1), the 
     Secretary shall--
       ``(A) as the first step in drafting guidance under that 
     paragraph, consult with relevant Federal and State agencies, 
     Indian tribes, and the public on the appropriate use and 
     scope of the programmatic approaches;
       ``(B) emphasize the importance of collaboration among 
     relevant Federal agencies, State agencies, and Indian tribes 
     in undertaking programmatic reviews, especially with respect 
     to including reviews with a broad geographical scope;
       ``(C) ensure that the programmatic reviews--
       ``(i) promote transparency, including of the analyses and 
     data used in the environmental review process, the treatment 
     of any deferred issues raised by Federal, State, or tribal 
     agencies, or the public, and the temporal and special scales 
     to be used to analyze those issues;
       ``(ii) use accurate and timely information in the 
     environmental review process, including--

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

       ``(iii) describe--

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

       ``(iv) are available to other relevant Federal and State 
     agencies, Indian tribes, and the public;
       ``(D) allow not fewer than 60 days of public notice and 
     comment on any proposed guidance; and
       ``(E) address any comments received under subparagraph (D).
       ``(j) Coordinated Reviews.--
       ``(1) Coordination plan.--
       ``(A) Establishment.--
       ``(i) In general.--The lead agency shall, after 
     consultation with and with the concurrence of each 
     cooperating agency for the water resource project and the 
     non-Federal interest or joint lead agency, as applicable, 
     establish a plan for coordinating public and agency 
     participation in, and comment on, the environmental review 
     process for a water resource project or a category of water 
     resource projects.
       ``(ii) Incorporation.--The plan established under clause 
     (i) shall be incorporated into the project schedule 
     milestones set under section 905(g)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2282(g)(2)).
       ``(2) Comment deadlines.--The lead agency shall establish 
     the following deadlines for comment during the environmental 
     review process for a water resource project:
       ``(A) Draft environmental impact statements.--For comments 
     by Federal and States agencies and the public on a draft 
     environmental impact statement, a period of not more than 60 
     days after publication in the Federal Register of notice of 
     the date of public availability of the draft environmental 
     impact statement, unless--
       ``(i) a different deadline is established by agreement of 
     the lead agency, the non-Federal interest, as applicable, and 
     all participating and cooperating agencies; or
       ``(ii) the deadline is extended by the lead agency for good 
     cause.
       ``(B) Other environmental review processes.--For all 
     comment periods established by the lead agency for agency or 
     public comments in the environmental review process of an 
     action within a program under the authority of the lead 
     agency other than for a draft environmental impact statement, 
     a period of not more than 30 days after the date on which the 
     materials on which comment is requested are made available, 
     unless--
       ``(i) a different deadline is established by agreement of 
     the lead agency, the non-Federal interest, and all 
     cooperating agencies; or
       ``(ii) the deadline is extended by the lead agency for good 
     cause.
       ``(3) Deadlines for decisions under other laws.--In any 
     case in which a decision under any Federal law relating to a 
     project, including the issuance or denial of a permit or 
     license, is required to be made by the date described in 
     subsection (k)(6)(B)(ii), the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives--
       ``(A) as soon as practicable after the 180-day period 
     described in subsection (k)(6)(B)(ii), an initial notice of 
     the failure of the Federal agency to make the decision; and
       ``(B) every 60 days thereafter until such date as all 
     decisions of the Federal agency relating to the project have 
     been made by the Federal agency, an additional notice that 
     describes the number of decisions of the

[[Page S3467]]

     Federal agency that remain outstanding as of the date of the 
     additional notice.
       ``(4) Involvement of the public.--Nothing in this 
     subsection reduces any time period provided for public 
     comment in the environmental review process under applicable 
     Federal law (including regulations).
       ``(k) Issue Identification and Resolution.--
       ``(1) Cooperation.--The lead agency, the cooperating 
     agencies, and any participating agencies shall work 
     cooperatively in accordance with this section to identify and 
     resolve issues that could delay completion of the 
     environmental review process or result in the denial of any 
     approval required for the water resource project under 
     applicable laws.
       ``(2) Lead agency responsibilities.--
       ``(A) In general.--The lead agency shall make information 
     available to the cooperating agencies and participating 
     agencies as early as practicable in the environmental review 
     process regarding the environmental and socioeconomic 
     resources located within the water resource project area and 
     the general locations of the alternatives under 
     consideration.
       ``(B) Data sources.--The information under subparagraph (A) 
     may be based on existing data sources, including geographic 
     information systems mapping.
       ``(3) Cooperating and participating agency 
     responsibilities.--Based on information received from the 
     lead agency, cooperating and participating agencies shall 
     identify, as early as practicable, any issues of concern 
     regarding the potential environmental or socioeconomic 
     impacts of the water resource project, including any issues 
     that could substantially delay or prevent an agency from 
     granting a permit or other approval that is needed for the 
     water resource project.
       ``(4) Interim decision on achieving accelerated 
     decisionmaking.--
       ``(A) In general.--Not later than 45 days after the close 
     of the public comment period on a draft environmental impact 
     statement, the Secretary may convene a meeting with the non-
     Federal interest or joint lead agency, as applicable, 
     relevant resource agencies, and relevant Federal and State 
     agencies to establish a schedule of deadlines to complete 
     decisions regarding the water resource project.
       ``(B) Deadlines.--
       ``(i) In general.--The deadlines referred to in 
     subparagraph (A) shall be those established by the Secretary, 
     in consultation with and with the concurrence of the non-
     Federal interest or joint lead agency, as applicable, and 
     other relevant Federal and State agencies.
       ``(ii) Factors for consideration.--In establishing a 
     schedule, the Secretary shall consider factors such as--

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

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

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

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

       ``(I) delay completion of the environmental review process; 
     or
       ``(II) conflict with the ability of a cooperating agency to 
     carry out applicable Federal laws (including regulations).

       ``(iii) Date.--A meeting requested under this subparagraph 
     shall be held not later than 21 days after the date on which 
     the Secretary receives the request for the meeting, unless 
     the Secretary determines that there is good cause to extend 
     that deadline.
       ``(iv) Notification.--On receipt of a request for a meeting 
     under this subparagraph, the Secretary shall notify all 
     relevant cooperating agencies of the request, including the 
     issue to be resolved and the date for the meeting.
       ``(v) Disputes.--If a relevant cooperating agency with 
     jurisdiction over an action, including a permit approval, 
     review, or other statement or opinion required for a water 
     resource project under applicable law determines that the 
     relevant information necessary to resolve the issue has not 
     been obtained and could not have been obtained within a 
     reasonable time, but the Secretary disagrees, the resolution 
     of the dispute shall be forwarded to the heads of the 
     relevant agencies for resolution.
       ``(vi) Convention by lead agency.--The Secretary may 
     convene an issue resolution meeting under this subsection at 
     any time, at the discretion of the Secretary, regardless of 
     whether a meeting is requested under clause (i).
       ``(vii) Exception.--

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

       ``(aa) notifies, with a supporting explanation, the lead 
     agency, cooperating agencies, and non-Federal interest, as 
     applicable, that--
       ``(AA) the agency has not received necessary information or 
     approvals from another entity in a manner that affects the 
     ability of the agency to meet any requirements under Federal, 
     tribal, State, or local law;
       ``(BB) significant new information, including from public 
     comments, or circumstances, including a major modification to 
     an aspect of the water resource project, requires additional 
     analysis for the agency to make a decision on the water 
     resource project application; or
       ``(CC) the agency lacks the financial resources to complete 
     the review under the scheduled time frame, including a 
     description of the number of full-time employees required to 
     complete the review, the amount of funding required to 
     complete the review, and a justification as to why there is 
     not enough funding available to complete the review by the 
     deadline; and
       ``(bb) establishes a new deadline for completion of the 
     review.

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

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

       ``(I) In general.--If a resolution is not achieved by not 
     later than 30 days after the date on which an issue 
     resolution meeting is held under subparagraph (B), the 
     Secretary shall submit the matter to the Council on 
     Environmental Quality.
       ``(II) Meeting.--Not later than 30 days after the date on 
     which the Council on Environmental Quality receives a 
     submission from the Secretary under subclause (I), the 
     Council on Environmental Quality shall hold an issue 
     resolution meeting with the lead agency, the heads of 
     relevant cooperating agencies and the non-Federal interest.
       ``(III) Additional hearings.--The Council on Environmental 
     Quality may hold public meetings or hearings to obtain 
     additional views and information that the Council on 
     Environmental Quality determines are necessary, consistent 
     with the time frames described in this paragraph.

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

       ``(I) publish findings that explain how the issue was 
     resolved and recommendations (including, where appropriate, a 
     finding that the submission does not support the position of 
     the submitting agency); or
       ``(II) if the resolution of the issue was not achieved, 
     submit to the President for action--

       ``(aa) the submission;
       ``(bb) any views or additional information developed during 
     any additional hearings under clause (i)(III); and
       ``(cc) the recommendation of the Council on Environmental 
     Quality.
       ``(6) Financial penalty provisions.--
       ``(A) In general.--A Federal jurisdictional agency shall 
     complete any required approval or decision on an expeditious 
     basis using the shortest existing applicable process.
       ``(B) Failure to decide.--
       ``(i) In general.--If a Federal jurisdictional agency fails 
     to render a decision under any Federal law relating to a 
     water resource project that requires the preparation of an 
     environmental impact statement or environmental assessment, 
     including the issuance or denial of a permit, license, 
     statement, opinion, or other approval by the date described 
     in clause (ii), the amount of funds made available to support 
     the office of the head of the Federal jurisdictional agency 
     shall be reduced by an amount of funding equal to the amounts 
     specified in subclause (I) or (II) and those funds shall be 
     made available to the division of the Federal jurisdictional 
     agency charged with rendering the decision by not later than 
     1 day after the applicable date

[[Page S3468]]

     under clause (ii), and once each week thereafter until a 
     final decision is rendered, subject to subparagraph (C)--

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

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

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

       ``(C) Limitations.--
       ``(i) In general.--No transfer of funds under subparagraph 
     (B) relating to an individual water resource project shall 
     exceed, in any fiscal year, an amount equal to 1 percent of 
     the funds made available for the applicable agency office.
       ``(ii) Failure to decide.--The total amount transferred in 
     a fiscal year as a result of a failure by an agency to make a 
     decision by an applicable deadline shall not exceed an amount 
     equal to 5 percent of the funds made available for the 
     applicable agency office for that fiscal year.
       ``(iii) Aggregate.--Notwithstanding any other provision of 
     law, for each fiscal year, the aggregate amount of financial 
     penalties assessed against each applicable agency office 
     under title II of the Water Resources Development Act of 2013 
     and any other Federal law as a result of a failure of the 
     agency to make a decision by an applicable deadline for 
     environmental review, including the total amount transferred 
     under this paragraph, shall not exceed an amount equal to 9.5 
     percent of the funds made available for the agency office for 
     that fiscal year.
       ``(D) No fault of agency.--
       ``(i) In general.--A transfer of funds under this paragraph 
     shall not be made if the applicable agency described in 
     subparagraph (A) notifies, with a supporting explanation, the 
     lead agency, cooperating agencies, and non-Federal interest, 
     as applicable, that--

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

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

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

       ``(E) Limitation.--The Federal agency from which funds are 
     transferred pursuant to this paragraph shall not reprogram 
     funds to the office of the head of the agency, or equivalent 
     office, to reimburse that office for the loss of the funds.
       ``(F) Effect of paragraph.--Nothing in this paragraph 
     affects or limits the application of, or obligation to comply 
     with, any Federal, State, local, or tribal law.
       ``(l) Performance Measurement.--The Secretary shall 
     establish a program to measure and report on progress made 
     toward improving and expediting the planning and 
     environmental review process.
       ``(m) Memorandum of Agreements for Early Coordination.--
       ``(1) Sense of congress.--It is the sense of Congress 
     that--
       ``(A) the Secretary and other Federal agencies with 
     relevant jurisdiction in the environmental review process 
     should cooperate with each other, State agencies, and Indian 
     tribes on environmental review and water resource project 
     delivery activities at the earliest practicable time to avoid 
     delays and duplication of effort later in the process, 
     prevent potential conflicts, and ensure that planning and 
     water resource project development decisions reflect 
     environmental values; and
       ``(B) the cooperation referred to in subparagraph (A) 
     should include the development of policies and the 
     designation of staff that advise planning agencies and non-
     Federal interests of studies or other information foreseeably 
     required for later Federal action and early consultation with 
     appropriate State and local agencies and Indian tribes.
       ``(2) Technical assistance.--If requested at any time by a 
     State or non-Federal interest, the Secretary and other 
     Federal agencies with relevant jurisdiction in the 
     environmental review process, shall, to the maximum extent 
     practicable and appropriate, as determined by the agencies, 
     provide technical assistance to the State or non-Federal 
     interest in carrying out early coordination activities.
       ``(3) Memorandum of agency agreement.--If requested at any 
     time by a State or non-Federal interest, the lead agency, in 
     consultation with other Federal agencies with relevant 
     jurisdiction in the environmental review process, may 
     establish memoranda of agreement with the non-Federal 
     interest, Indian tribe, State and local governments, and 
     other appropriate entities to carry out the early 
     coordination activities, including providing technical 
     assistance in identifying potential impacts and mitigation 
     issues in an integrated fashion.
       ``(n) Limitations.--Nothing in this section preempts, 
     supersedes, amends, modifies, repeals, or interferes with--
       ``(1) any statutory or regulatory requirement, including 
     for seeking, considering, or responding to public comment;
       ``(2) any obligation to comply with the provisions any 
     Federal law, including--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(B) the regulations issued by the Council on 
     Environmental Quality or any other Federal agency to carry 
     out that Act; and
       ``(C) any other Federal environmental law;
       ``(3) the reviewability of any final Federal agency action 
     in a court of the United States or in the court of any State;
       ``(4) any practice of seeking, considering, or responding 
     to public comment; or
       ``(5) any power, jurisdiction, responsibility, duty, or 
     authority that a Federal, State, or local governmental 
     agency, Indian tribe, or non-Federal interest has with 
     respect to carrying out a water resource project or any other 
     provision of law applicable to water resource projects.
       ``(o) Categorical Exclusions.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall--
       ``(A) survey the use by the Corps of Engineers of 
     categorical exclusions in water resource projects since 2005;
       ``(B) publish a review of the survey that includes a 
     description of--
       ``(i) the types of actions that were categorically excluded 
     or could be the basis for developing a new categorical 
     exclusion; and
       ``(ii) any requests previously received by the Secretary 
     for new categorical exclusions; and
       ``(C) solicit requests from other Federal agencies and non-
     Federal interests for new categorical exclusions.
       ``(2) New categorical exclusions.--Not later than 1 year 
     after the date of enactment of this subsection, if the 
     Secretary has identified a category of activities that merit 
     establishing a categorical exclusion that did not exist on 
     the day before the date of enactment of this subsection based 
     on the review under paragraph (1), the Secretary shall 
     publish a notice of proposed rulemaking to propose that new 
     categorical exclusion, to the extent that the categorical 
     exclusion meets the criteria for a categorical exclusion 
     under section 1508.4 of title 40, Code of Federal Regulations 
     (or successor regulation).
       ``(p) Review of Water Resource Project Acceleration 
     Reforms.--
       ``(1) In general.--The Comptroller General of the United 
     States shall--
       ``(A) assess the reforms carried out under this section; 
     and
       ``(B) not later than 5 years after the date of enactment of 
     this subsection, submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that describes the results of the assessment.
       ``(2) Inspector general report.--The Inspector General of 
     the Corps of Engineers shall--
       ``(A) assess the reforms carried out under this section; 
     and
       ``(B) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate--
       ``(i) not later than 2 years after the date of enactment of 
     this subsection, an initial report of the findings of the 
     Inspector General; and
       ``(ii) not later than 4 years after the date of enactment 
     of this subsection, a final report of the findings.
       ``(q) Authorization.--The authority provided by this 
     section expires on the date that is 10 years after the date 
     of enactment of this Act.''.

     SEC. 2034. FEASIBILITY STUDIES.

       Section 905 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2282) is amended by adding at the end the 
     following:
       ``(g) Detailed Project Schedule.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     determine a set of milestones needed for the completion of a 
     feasibility study under this subsection, including all major 
     actions, report submissions and responses, reviews, and 
     comment periods.
       ``(2) Detailed project schedule milestones.--Each District 
     Engineer shall, to the maximum extent practicable, establish 
     a detailed project schedule, based on full funding 
     capability, that lists all deadlines for milestones relating 
     to feasibility studies in the District developed by the 
     Secretary under paragraph (1).

[[Page S3469]]

       ``(3) Non-federal interest notification.--Each District 
     Engineer shall submit by certified mail the detailed project 
     schedule under paragraph (2) to each relevant non-Federal 
     interest--
       ``(A) for projects that have received funding from the 
     General Investigations Account of the Corps of Engineers in 
     the period beginning on October 1, 2009, and ending on the 
     date of enactment of this section, not later than 180 days 
     after the establishment of milestones under paragraph (1); 
     and
       ``(B) for projects for which a feasibility cost-sharing 
     agreement is executed after the establishment of milestones 
     under paragraph (1), not later than 90 days after the date on 
     which the agreement is executed.
       ``(4) Congressional and public notification.--Beginning in 
     the first full fiscal year after the date of enactment of 
     this Act, the Secretary shall--
       ``(A) submit an annual report that lists all detailed 
     project schedules under paragraph (2) and an explanation of 
     any missed deadlines to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives; and
       ``(B) make publicly available, including on the Internet, a 
     copy of the annual report described in subparagraph (A) not 
     later than 14 days after date on which a report is submitted 
     to Congress.
       ``(5) Failure to act.--If a District Engineer fails to meet 
     any of the deadlines in the project schedule under paragraph 
     (2), the District Engineer shall--
       ``(A) not later than 30 days after each missed deadline, 
     submit to the non-Federal interest a report detailing--
       ``(i) why the District Engineer failed to meet the 
     deadline; and
       ``(ii) a revised project schedule reflecting amended 
     deadlines for the feasibility study; and
       ``(B) not later than 30 days after each missed deadline, 
     make publicly available, including on the Internet, a copy of 
     the amended project schedule described in subparagraph 
     (A)(ii).''.

     SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES.

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

     SEC. 2036. DETERMINATION OF PROJECT COMPLETION.

       (a) In General.--The Secretary shall notify the non-Federal 
     interest when construction of a water resources project or a 
     functional portion of the project is completed so the non-
     Federal interest may commence responsibilities, as 
     applicable, for operating and maintaining the project.
       (b) Non-Federal Interest Appeal of Determination.--
       (1) In general.--Not later than 7 days after receiving a 
     notification under subparagraph (a), the non-Federal interest 
     may appeal the completion determination of the Secretary in 
     writing with a detailed explanation of the basis for 
     questioning the completeness of the project or functional 
     portion of the project.
       (2) Independent review.--
       (A) In general.--On notification that a non-Federal 
     interest has submitted an appeal under paragraph (1), the 
     Secretary shall contract with 1 or more independent, non-
     Federal experts to evaluate whether the applicable water 
     resources project or functional portion of the project is 
     complete.
       (B) Timeline.--An independent review carried out under 
     subparagraph (A) shall be completed not later than 180 days 
     after the date on which the Secretary receives an appeal from 
     a non-Federal interest under paragraph (1).

     SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS.

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

     SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

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

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

       (a) In General.--The Secretary, after providing public 
     notice, shall establish a pilot program for the acceptance 
     and expenditure of funds contributed by non-Federal interests 
     to increase the hours of operation of locks at water 
     resources development projects.
       (b) Applicability.--The establishment of the pilot program 
     under this section shall not affect the periodic review and 
     adjustment of hours of operation of locks based on increases 
     in commercial traffic carried out by the Secretary.
       (c) Public Comment.--Not later than 180 days before a 
     proposed modification to the operation of a lock at a water 
     resources development project will be carried out, the 
     Secretary shall--
       (1) publish the proposed modification in the Federal 
     Register; and
       (2) accept public comment on the proposed modification.
       (d) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that evaluates the cost-
     savings resulting from reduced lock hours and any economic 
     impacts of modifying lock operations.
       (2) Review of pilot program.--Not later than September 30, 
     2017 and each year thereafter, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that describes the 
     effectiveness of the pilot program under this section.
       (e) Annual Review.--The Secretary shall carry out an annual 
     review of the commercial use of locks and make any necessary 
     adjustments to lock operations based on that review.
       (f) Termination.--The authority to accept funds under this 
     section shall terminate 5 years after the date of enactment 
     of this Act.

     SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISASTERS.

       (a) In General.--Section 5(a)(1) of the Act entitled ``An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes'', approved August 18, 1941 (33 U.S.C. 701n(a)(1)), 
     is amended in the first sentence--
       (1) by inserting ``and subject to the condition that the 
     Chief of Engineers may include modifications to the structure 
     or project'' after ``work for flood control''; and
       (2) by striking ``structure damaged or destroyed by wind, 
     wave, or water action of other than an ordinary nature when 
     in the discretion of the Chief of Engineers such repair and 
     restoration is warranted for the adequate functioning of the 
     structure for hurricane or shore protection'' and inserting 
     ``structure or project damaged or destroyed by wind, wave, or 
     water action of other than an ordinary nature to the design 
     level of protection when, in the discretion of the Chief of 
     Engineers, such repair and restoration is warranted for the 
     adequate functioning of the structure or project for 
     hurricane or shore protection, subject to the condition that 
     the Chief of Engineers may include modifications to the 
     structure or project to address major deficiencies or 
     implement nonstructural alternatives to the repair or 
     restoration of the structure if requested by the non-Federal 
     sponsor''.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report detailing the amounts expended in 
     the previous

[[Page S3470]]

     5 fiscal years to carry out Corps of Engineers projects under 
     section 5 of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved August 
     18, 1941 (33 U.S.C. 701n).
       (2) Inclusions.--A report under paragraph (1) shall, at a 
     minimum, include a description of--
       (A) each structure, feature, or project for which amounts 
     are expended, including the type of structure, feature, or 
     project and cost of the work; and
       (B) how the Secretary has repaired, restored, replaced, or 
     modified each structure, feature, or project or intends to 
     restore the structure, feature, or project to the design 
     level of protection for the structure, feature, or project.

     SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS.

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

     SEC. 2042. FUNDING TO PROCESS PERMITS.

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

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

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

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

       (a) Purposes.--The purposes of this section are--
       (1) to provide adequate levels of protection to communities 
     impacted by natural disasters, including hurricanes, tropical 
     storms, and other related extreme weather events; and
       (2) to expedite critical water resources projects in 
     communities that have historically been and continue to 
     remain susceptible to extreme weather events.
       (b) Priority.--For authorized projects and ongoing 
     feasibility studies with a primary purpose of hurricane and 
     storm damage risk reduction, the Secretary shall give funding 
     priority to projects and ongoing studies that--
       (1) address an imminent threat to life and property;
       (2) prevent storm surge from inundating populated areas;
       (3) prevent the loss of coastal wetlands that help reduce 
     the impact of storm surge;
       (4) protect emergency hurricane evacuation routes or 
     shelters;
       (5) prevent adverse impacts to publicly owned or funded 
     infrastructure and assets;
       (6) minimize disaster relief costs to the Federal 
     Government; and
       (7) address hurricane and storm damage risk reduction in an 
     area for which the President declared a major disaster in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170).
       (c) Expedited Consideration of Currently Authorized 
     Projects.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--
       (1) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a list of 
     all--
       (A) ongoing hurricane and storm damage reduction 
     feasibility studies that have signed feasibility cost share 
     agreements and have received Federal funds since 2009; and
       (B) authorized hurricane and storm damage reduction 
     projects that--

[[Page S3471]]

       (i) have been authorized for more than 20 years but are 
     less than 75 percent complete; or
       (ii) are undergoing a post-authorization change report, 
     general reevaluation report, or limited reevaluation report;
       (2) identify those projects on the list required under 
     paragraph (1) that meet the criteria described in subsection 
     (b); and
       (3) provide a plan for expeditiously completing the 
     projects identified under paragraph (2), subject to available 
     funding.
       (d) Prioritization of New Studies for Hurricane and Storm 
     Damage Risk Reduction.--In selecting new studies for 
     hurricane and storm damage reduction to propose to Congress 
     under section 4002, the Secretary shall give priority to 
     studies--
       (1) that--
       (A) have been recommended in a comprehensive hurricane 
     protection study carried out by the Corps of Engineers; or
       (B) are included in a State plan or program for hurricane, 
     storm damage reduction, flood control, coastal protection, 
     conservation, or restoration, that is created in consultation 
     with the Corps of Engineers or other relevant Federal 
     agencies; and
       (2) for areas for which the President declared a major 
     disaster in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170).

     SEC. 2045. PRIORITIZATION OF ECOSYSTEM RESTORATION EFFORTS.

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

     SEC. 2046. SPECIAL USE PERMITS.

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

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

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

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

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

     SEC. 2048. CORROSION PREVENTION.

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

     SEC. 2049. PROJECT DEAUTHORIZATIONS.

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

[[Page S3472]]

       ``(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.

[[Page S3473]]

       (6) Application.--For purposes of this subsection, water 
     resources projects shall include environmental infrastructure 
     assistance projects and programs of the Corps of Engineers.

     SEC. 2050. REPORTS TO CONGRESS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall complete and submit to 
     Congress by the applicable date required the reports that 
     address public safety and enhanced local participation in 
     project delivery described in subsection (b).
       (b) Reports.--The reports referred to in subsection (a) are 
     the reports required under--
       (1) section 2020;
       (2) section 2022;
       (3) section 2025;
       (4) section 2026;
       (5) section 2039;
       (6) section 2040;
       (7) section 6007; and
       (8) section 10015.
       (c) Failure To Provide a Completed Report.--
       (1) In general.--Subject to subsection (d), if the 
     Secretary fails to provide a report listed under subsection 
     (b) by the date that is 180 days after the applicable date 
     required for that report, $5,000 shall be reprogrammed from 
     the General Expenses account of the civil works program of 
     the Army Corps of Engineers into the account of the division 
     of the Army Corps of Engineers with responsibility for 
     completing that report.
       (2) Subsequent reprogramming.--Subject to subsection (d), 
     for each additional week after the date described in 
     paragraph (1) in which a report described in that paragraph 
     remains uncompleted and unsubmitted to Congress, $5,000 shall 
     be reprogrammed from the General Expenses account of the 
     civil works program of the Army Corps of Engineers into the 
     account of the division of the Secretary of the Army with 
     responsibility for completing that report.
       (d) Limitations.--
       (1) In general.--For each report, the total amounts 
     reprogrammed under subsection (c) shall not exceed, in any 
     fiscal year, $50,000.
       (2) Aggregate limitation.--The total amount reprogrammed 
     under subsection (c) in a fiscal year shall not exceed 
     $200,000.
       (e) No Fault of the Secretary.--Amounts shall not be 
     reprogrammed under subsection (c) if the Secretary certifies 
     in a letter to the applicable committees of Congress that--
       (1) a major modification has been made to the content of 
     the report that requires additional analysis for the 
     Secretary to make a final decision on the report;
       (2) amounts have not been appropriated to the agency under 
     this Act or any other Act to carry out the report; or
       (3) additional information is required from an entity other 
     than the Corps of Engineers and is not available in a timely 
     manner to complete the report by the deadline.
       (f) Limitation.--The Secretary shall not reprogram funds to 
     reimburse the Office of the Assistant Secretary of the Army 
     for Civil Works for the loss of the funds.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000.

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

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

     SEC. 2052. INVASIVE SPECIES REVIEW.

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

     SEC. 2053. WETLANDS CONSERVATION STUDY.

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

     SEC. 2054. DAM MODIFICATION STUDY.

       (a) In General.--The Comptroller General of the United 
     States shall, in consultation with the Corps of Engineers, 
     the Southeastern Power Administration, Federal hydropower 
     customers, downstream communities, and other stakeholders, 
     carry out a study to evaluate the structural modifications 
     made at Federal dams in the Cumberland River Basin beginning 
     on January 1, 2000.
       (b) Contents.--The study under subsection (a) shall 
     examine--
       (1) whether structural modifications at each dam have 
     utilized new state-of-the-art design criteria deemed 
     necessary for safety purposes that have not been used in 
     other circumstances;
       (2) whether structural modifications at each dam for 
     downstream safety were executed in accordance with 
     construction criteria that had changed from the original 
     construction criteria;
       (3) whether structural modifications at each dam assured 
     safety;
       (4) any estimates by the Corps of Engineers of consequences 
     of total dam failure if state-of-the-art construction 
     criteria deemed necessary for safety purposes were not 
     employed; and
       (5) whether changes in underlying geology at any of the 
     Federal dams in the Cumberland River Basin required 
     structural modifications to assure dam safety.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report based on the study 
     under subsection (a) with findings on whether, with respect 
     to structural modifications at Federal dams in the Cumberland 
     River Basin, the Corps of Engineers has selected and 
     implemented design criteria that rely on state-of-the-art 
     design and construction criteria that will provide for the 
     safety of downstream communities.

     SEC. 2055. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK 
                   REDUCTION.

       (a) In General.--If requested by a non-Federal interest, 
     the Secretary shall construct a locally preferred plan that 
     provides a higher level of protection than a flood risk 
     management project authorized under this Act if the Secretary 
     determines that--
       (1) the plan is technically feasible and environmentally 
     acceptable; and
       (2) the benefits of the plan exceed the costs of the plan.
       (b) Non-Federal Cost Share.--If the Secretary constructs a 
     locally preferred plan under subsection (a), the Federal 
     share of the cost of the project shall be not greater than 
     the share as provided by law for elements of the national 
     economic development plan.

     SEC. 2056. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of the department in which the Coast Guard is 
     operating, the Director of the United States Geological 
     Survey, the Administrator of the National Oceanic and 
     Atmospheric Administration, and the Director of the National 
     Weather Service, as applicable, shall improve forecasting on 
     the Mississippi River by--
       (1) updating forecasting technology deployed on the 
     Mississippi River and its tributaries through--
       (A) the construction of additional automated river gages;
       (B) the rehabilitation of existing automated and manual 
     river gages; and
       (C) the replacement of manual river gages with automated 
     gages, as the Secretary determines to be necessary;
       (2) constructing additional sedimentation ranges on the 
     Mississippi River and its tributaries; and
       (3) deploying additional automatic identification system 
     base stations at river gage sites.
       (b) Prioritization.--In carrying out this section, the 
     Secretary shall prioritize the sections of the Mississippi 
     River on which additional and more reliable information would 
     have the greatest impact on maintaining navigation on the 
     Mississippi River.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the activities carried out by the Secretary under 
     this section.

     SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGATION.

       (a) In General.--If the Secretary, in consultation with the 
     Secretary of the department in which the Coast Guard is 
     operating, determines it to be critical to maintaining safe 
     and reliable navigation within the authorized Federal 
     navigation channel on the Mississippi River, the Secretary 
     may carry out only those activities outside the authorized 
     Federal navigation channel along the Mississippi River, 
     including the construction and operation of maintenance of 
     fleeting areas, that are necessary for safe and reliable 
     navigation in the Federal channel.
       (b) Report.--Not later than 60 days after initiating an 
     activity under this section, the Secretary shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that includes--
       (1) a description of the activities undertaken, including 
     the costs associated with the activities; and
       (2) a comprehensive description of how the activities are 
     necessary for maintaining safe and reliable navigation of the 
     Federal channel.

     SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

       (a) Definitions.--In this section:
       (1) Restricted area.--The term ``restricted area'' means a 
     restricted area for hazardous waters at dams and other civil 
     works structures in the Cumberland River basin established 
     pursuant to chapter 10 of the regulation entitled ``Project 
     Operations: Navigation and Dredging Operations and 
     Maintenance Policies'', published by the Corps of Engineers 
     on November 29, 1996, and any related regulations or 
     guidance.

[[Page S3474]]

       (2) State.--The term ``State'' means the applicable agency 
     of the State (including an official of that agency) in which 
     the applicable dam is located that is responsible for 
     enforcing boater safety.
       (b) Restriction on Physical Barriers.--Subject to 
     subsection (c), the Secretary, acting through the Chief of 
     Engineers, in the establishing and enforcing restricted 
     areas, shall not take any action to establish a permanent 
     physical barrier to prevent public access to waters 
     downstream of a dam owned by the Corps of Engineers.
       (c) Exclusions.--For purposes of this section, the 
     installation and maintenance of measures for alerting the 
     public of hazardous water conditions and restricted areas, 
     including sirens, strobe lights, and signage, shall not be 
     considered to be a permanent physical barrier under 
     subsection (b).
       (d) Enforcement.--
       (1) In general.--Enforcement of a restricted area shall be 
     the sole responsibility of a State.
       (2) Existing authorities.--The Secretary shall not assess 
     any penalty for entrance into a restricted area under section 
     4 of the Act entitled ``An Act authorizing the construction 
     of certain public works on rivers and harbors for flood 
     control, and for other purposes'', approved December 22, 1944 
     (16 U.S.C. 460d).
       (e) Development or Modification of Restricted Areas.--In 
     establishing a new restricted area or modifying an existing 
     restricted area, the Secretary shall--
       (1) ensure that any restrictions are based on operational 
     conditions that create hazardous waters; and
       (2) publish a draft describing the restricted area and seek 
     and consider public comment on that draft prior to 
     establishing or modifying any restricted area.
       (f) Effective Date.--
       (1) In general.--Subject to paragraph (2), this section 
     shall apply to the establishment of a new restricted area or 
     the modification of an existing restricted area on or after 
     August 1, 2012.
       (2) Existing restrictions.--If the Secretary, acting 
     through the Chief of Engineers, has established a new 
     restricted area or modified an existing restricted area 
     during the period beginning on August 1, 2012, and ending on 
     the date of enactment of this Act, the Secretary shall--
       (A) cease implementing the restricted area until the later 
     of--
       (i) such time as the restricted area meets the requirements 
     of this section; and
       (ii) the date that is 2 years after the date of enactment 
     of this Act; and
       (B) remove any permanent physical barriers constructed in 
     connection with the restricted area.

     SEC. 2059. MAXIMUM COST OF PROJECTS.

       Section 902 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2280) is amended--
       (1) by striking ``In order to'' and inserting the 
     following:
       ``(a) In General.--In order to''; and
       (2) by adding at the end the following:
       ``(b) Contributed Funds.--Nothing in this section affects 
     the authority of the Secretary to complete construction of a 
     water resources development project using funds contributed 
     under section 5 of the Act of June 22, 1936 (33 U.S.C. 
     701h).''.

     SEC. 2060. DONALD G. WALDON LOCK AND DAM.

       (a) Findings.--Congress finds that--
       (1) the Tennessee-Tombigbee Waterway Development Authority 
     is a 4-State compact comprised of the States of Alabama, 
     Kentucky, Mississippi, and Tennessee;
       (2) the Tennessee-Tombigbee Authority is the regional non-
     Federal sponsor of the Tennessee-Tombigbee Waterway;
       (3) the Tennessee-Tombigbee Waterway, completed in 1984, 
     has fueled growth in the United States economy by reducing 
     transportation costs and encouraging economic development; 
     and
       (4) the selfless determination and tireless work of Donald 
     G. Waldon, while serving as administrator of the waterway 
     compact for 21 years, contributed greatly to the realization 
     and success of the Tennessee-Tombigbee Waterway.
       (b) Sense of Congress.--It is the sense of Congress that, 
     at an appropriate time and in accordance with the rules of 
     the House of Representatives and the Senate, the lock and dam 
     located at mile 357.5 on the Tennessee-Tombigbee Waterway 
     should be known and designated as the ``Donald G. Waldon Lock 
     and Dam''.

     SEC. 2061. IMPROVING PLANNING AND ADMINISTRATION OF WATER 
                   SUPPLY STORAGE.

       (a) In General.--The Secretary shall carry out activities 
     to enable non-Federal interests to anticipate and accurately 
     budget for annual operations and maintenance costs and, as 
     applicable, repair, rehabilitation, and replacements costs, 
     including through--
       (1) the formulation by the Secretary of a uniform billing 
     statement format for those storage agreements relating to 
     operations and maintenance costs, and as applicable, repair, 
     rehabilitation, and replacement costs, incurred by the 
     Secretary, which, at a minimum, shall include--
       (A) a detailed description of the activities carried out 
     relating to the water supply aspects of the project;
       (B) a clear explanation of why and how those activities 
     relate to the water supply aspects of the project; and
       (C) a detailed accounting of the cost of carrying out those 
     activities; and
       (2) a review by the Secretary of the regulations and 
     guidance of the Corps of Engineers relating to criteria and 
     methods for the equitable distribution of joint project costs 
     across project purposes in order to ensure consistency in the 
     calculation of the appropriate share of joint project costs 
     allocable to the water supply purpose.
       (b) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the findings of the reviews carried out under 
     subsection (a)(2) and any subsequent actions taken by the 
     Secretary relating to those reviews.
       (2) Inclusions.--The report under paragraph (1) shall 
     include an analysis of the feasibility and costs associated 
     with the provision by the Secretary to each non-Federal 
     interest of not less than 1 statement each year that details 
     for each water storage agreement with non-Federal interests 
     at Corps of Engineers projects the estimated amount of the 
     operations and maintenance costs and, as applicable, the 
     estimated amount of the repair, rehabilitation, and 
     replacement costs, for which the non-Federal interest will be 
     responsible in that fiscal year.
       (3) Extension.--The Secretary may delay the submission of 
     the report under paragraph (1) for a period not to exceed 180 
     days after the deadline described in paragraph (1), subject 
     to the condition that the Secretary submits a preliminary 
     progress report to Congress not later than 1 year after the 
     date of enactment of this Act.

     SEC. 2062. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED 
                   NAVIGATION PROJECTS.

       A non-Federal interest for a navigation project may carry 
     out operation and maintenance activities for that project 
     subject to all applicable requirements that would apply to 
     the Secretary carrying out such operations and maintenance, 
     and may receive credit for the costs incurred by the non-
     Federal interest in carrying out such activities towards that 
     non-Federal interest's share of construction costs for a 
     federally authorized element of the same project or another 
     federally authorized navigation project, except that in no 
     instance may such credit exceed 20 percent of the costs 
     associated with construction of the general navigation 
     features of the project for which such credit may be received 
     pursuant to this section.

     SEC. 2063. RIVER BASIN COMMISSIONS.

       Section 5019 of the Water Resources Development Act of 2007 
     (121 Stat. 1201) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorization To Allocate.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall allocate funds from the General Expenses account of the 
     civil works program of the Army Corps of Engineers to the 
     Susquehanna River Basin Commission, Delaware River Basin 
     Commission, and the Interstate Commission on the Potomac 
     River Basin to fulfill the equitable funding requirements of 
     the respective interstate compacts on an annual basis and in 
     amounts equal to the amount determined by Commission in 
     accordance with the respective interstate compact.
       ``(2) Limitation.--Not more than 1.5 percent of funds from 
     the General Expenses account of the civil works program of 
     the Army Corps of Engineers may be allocated in carrying out 
     paragraph (1) for any fiscal year.
       ``(3) Report.--For any fiscal year in which funds are not 
     allocated in accordance with paragraph (1), the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     describes--
       ``(A) the reasons why the Corps of Engineers chose not to 
     allocate funds in accordance with that paragraph; and
       ``(B) the impact of the decision not to allocate funds on 
     water supply allocation, water quality protection, regulatory 
     review and permitting, water conservation, watershed 
     planning, drought management, flood loss reduction, and 
     recreation in each area of jurisdiction of the respective 
     Commission.''.

     SEC. 2064. RESTRICTION ON CHARGES FOR CERTAIN SURPLUS WATER.

       (a) In General.--No fee for surplus water shall be charged 
     under a contract for surplus water if the contract is for 
     surplus water stored on the Missouri River.
       (b) Offset.--Of the amounts previously made available for 
     ``Corps of Engineers-Civil, Department of the Army, 
     Operations and Maintenance'' that remain unobligated as of 
     the effective date of this Act, $5,000,000 is hereby 
     rescinded.
       (c) None of the funds under subsection (b) may be rescinded 
     from amounts that were designated by the Congress as an 
     emergency requirement pursuant to the Concurrent Resolution 
     on the Budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    TITLE 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

[[Page S3475]]

     ``(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 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 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 
     (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 
     (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:

[[Page S3476]]

       (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).
       (h) Eightmile River, Connecticut.--
       (1) The portion of the project for navigation, Eightmile 
     River, Connecticut, authorized by the first section of the 
     Act of June 25, 1910 (commonly known as the ``River and 
     Harbor Act of 1910'') (36 Stat. 633, chapter 382), that 
     begins at a point of the existing 8-foot channel limit with 
     coordinates N701002.39, E1109247.73, thence running north 2 
     degrees 19 minutes 57.1 seconds east 265.09 feet to a point 
     N701267.26, E1109258.52, thence running north 7 degrees 47 
     minutes 19.3 seconds east 322.32 feet to a point N701586.60, 
     E1109302.20, thence running north 90 degrees 0 minutes 0 
     seconds east 65.61 to a point N701586.60, E1109367.80, thence 
     running south 7 degrees 47 minutes 19.3 seconds west 328.11 
     feet to a point N701261.52, E1109323.34, thence running south 
     2 degrees 19 minutes 57.1 seconds west 305.49 feet to an end 
     at a point N700956.28, E1109310.91 on the existing 8-foot 
     channel limit, shall be reduced to a width of 65 feet and the 
     channel realigned to follow the deepest available water.
       (2) Beginning on the date of enactment of this Act, the 
     Secretary is no longer authorized to carry out the portion of 
     the project beginning at a point N701296.72, E1109262.55 and 
     running north 45 degrees 4 minutes 2.8 seconds west 78.09 
     feet to a point N701341.18, E1109217.98, thence running north 
     5 degrees 8 minutes 34.6 seconds east 180.14 feet to a point 
     N701520.59, E1109234.13, thence running north 54 degrees 5 
     minutes 50.1 seconds east 112.57 feet to a point N701568.04, 
     E1109299.66, thence running south 7 degrees 47 minutes 18.4 
     seconds west 292.58 feet to the point of origin; and the 
     remaining area north of the channel realignment beginning at 
     a point N700956.28, E1109310.91 thence running north 2 
     degrees 19 minutes 57.1 seconds east 305.49 feet west to a 
     point N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 
     seconds east 328.11 feet to a point N701586.60, E1109367.81 
     thence running north 90 degrees 0 minutes 0 seconds east 7.81 
     feet to a point N701586.60, E1109375.62 thence running south 
     5 degrees 8 minutes 34.6 seconds west 626.29 feet to a point 
     N700962.83, E1109319.47 thence south 52 degrees 35 minutes 
     36.5 seconds 10.79 feet to the point of origin.
       (i) Burnham Canal.--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, Milwaukee Harbor 
     Project, Milwaukee, Wisconsin, known as the Burnham Canal, 
     beginning at channel point #415a N381768.648, E2524554.836, a 
     distance of about 170.58 feet, thence running south 53 
     degrees 43 minutes 41 seconds west to channel point #417 
     N381667.728, E2524417.311, a distance of about 35.01 feet, 
     thence running south 34 degrees 10 minutes 40 seconds west to 
     channel point #501 N381638.761, E2524397.639 a distance of 
     about 139.25 feet, thence running south 34 degrees 10 minutes 
     48 seconds west to channel point #503 N381523.557, 
     E2524319.406 a distance of about 235.98 feet, thence running 
     south 32 degrees 59 minutes 13 seconds west to channel point 
     #505 N381325.615, E2524190.925 a distance of about 431.29 
     feet, thence running south 32 degrees 36 minutes 05 seconds 
     west to channel point #509 N380962.276, E2523958.547, a 
     distance of about 614.52 feet, thence running south 89 
     degrees 05 minutes 00 seconds west to channel point #511 
     N380952.445, E2523344.107, a distance of about 74.68 feet, 
     thence running north 89 degrees 04 minutes 59 seconds west to 
     channel point #512 N381027.13, E2523342.91, a distance of 
     about 533.84 feet, thence running north 89 degrees 05 minutes 
     00 seconds east to channel point #510 N381035.67, 
     E2523876.69, a distance of about 47.86 feet, thence running 
     north 61 degrees 02 minutes 07 seconds east to channel point 
     #508 N381058.84, E2523918.56, a distance of about 308.55 
     feet, thence running north 36 degrees 15 minutes 29 seconds 
     east to channel point #506 N381307.65, E2524101.05, distance 
     of about 199.98 feet, thence running north 32 degrees 59 
     minutes 12 seconds east to channel point #504 N381475.40, 
     E2524209.93, a distance of about 195.14 feet, thence running 
     north 26 degrees 17 minutes 22 seconds east to channel point 
     #502 N381650.36, E2524296.36, a distance of about 81.82 feet, 
     thence running north 88 degrees 51 minutes 05 seconds west to 
     channel point #419 N381732.17, E2524294.72 a distance of 
     about 262.65 feet, thence running north 82 degrees 01 minutes 
     02 seconds east to channel point # 415a the point of origin.
       (j) Walnut Creek, California.--Beginning on the date of 
     enactment of this Act, the Secretary is no longer authorized 
     to carry out the portion of the project for flood protection 
     on Walnut Creek, California, constructed in accordance with 
     the plan authorized by section 203 of the Flood Control Act 
     of 1960 (Public Law 86-645; 74 Stat. 488) that consists of 
     the culvert on the San Ramon Creek constructed by the 
     Department of the Army in 1971 that extends from Sta 4+27 to 
     Sta 14+27.

     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.

     SEC. 3010. LAND CONVEYANCE OF HAMMOND BOAT BASIN, WARRENTON, 
                   OREGON.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means the city of Warrenton, 
     located in Clatsop County, Oregon.
       (2) Map.--The term ``map'' means the map contained in 
     Exhibit A of Department of the Army Lease No. DACW57-1-88-
     0033 (or a successor instrument).
       (b) Conveyance Authority.--Subject to the provisions of 
     this section, the Secretary shall convey to the City by 
     quitclaim deed, and without consideration, all right, title, 
     and interest of the United States in and to the parcel of 
     land described in subsection (c).
       (c) Description of Land.--
       (1) In general.--Except as provided in paragraph (2), the 
     land referred to in subsection (b) is the parcel totaling 
     approximately 59 acres located in the City, together with any 
     improvements thereon, including the Hammond Marina (as 
     described in the map).
       (2) Exclusion.--The land referred to in subsection (b) 
     shall not include the site provided for the fisheries 
     research support facility of the National Marine Fisheries 
     Service.
       (3) Availability of map.--The map shall be on file in the 
     Portland District Office of the Corps of Engineers.
       (d) Terms and Conditions.--
       (1) In general.--As a condition of the conveyance under 
     subsection (b), the City shall agree in writing--
       (A) that the City and any successor or assign of the City 
     will release and indemnify the United States from any claims 
     or liabilities that may arise from or through the operations 
     of the land conveyed by the United States; and
       (B) to pay any cost associated with the conveyance under 
     subsection (b).
       (2) Additional terms and conditions.--The Secretary may 
     impose such additional terms, conditions, and requirements on 
     the conveyance under subsection (b) as the Secretary 
     considers appropriate to protect the interest of the United 
     States, including the requirement that the City assume full 
     responsibility for operating and maintaining the channel and 
     the breakwater.
       (e) Reversion.--If the Secretary determines that the land 
     conveyed under this section ceases to be owned by the public, 
     all right, title, and interest in and to the land shall, at 
     the discretion of the Secretary, revert to the United States.
       (f) Deauthorization.--After the land is conveyed under this 
     section, the land shall no longer be a portion of the project 
     for navigation, Hammond Small Boat Basin, Oregon, authorized 
     by section 107 of the Rivers and Harbor Act of 1960 (33 
     U.S.C. 577).

     SEC. 3011. METRO EAST FLOOD RISK MANAGEMENT PROGRAM, 
                   ILLINOIS.

       (a) In General.--The following projects shall constitute a 
     program, to be known as the ``Metro East Flood Risk 
     Management Program, Illinois'':
       (1) Prairie du Pont Drainage and Levee District and Fish 
     Lake Drainage and Levee District, Illinois, authorized by--
       (A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h); 
     and
       (B) section 5070 of the Water Resources Development Act of 
     2007 (Public Law 110-114; 121 Stat. 1220).
       (2) East St. Louis, Illinois, authorized by--
       (A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h); 
     and
       (B) Energy and Water Development Appropriation Act, 1988 
     (Public Law 100-202; 101 Stat. 1329-104).
       (3) Wood River Drainage and Levee District, Illinois, 
     authorized by--
       (A) section 4 of the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved June 
     28, 1938 (52 Stat. 1218); and
       (B) section 1001(20) of the Water Resources Development Act 
     of 2007 (Public Law 110-114; 121 Stat. 1053).

[[Page S3477]]

     SEC. 3012. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

       Section 109 of title I of division B of the Miscellaneous 
     Appropriations Act, 2001 (114 Stat. 2763A-221, 121 Stat. 
     1217) is amended--
       (1) in subsection (a), by inserting ``and unincorporated 
     communities'' after ``municipalities''; and
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following:
       ``(f) Priority.--In providing assistance under this 
     section, the Secretary shall give priority to projects 
     sponsored by--
       ``(1) the State of Florida;
       ``(2) Monroe County, Florida; and
       ``(3) incorporated communities in Monroe County, 
     Florida.''.

     SEC. 3013. DES MOINES RECREATIONAL RIVER AND GREENBELT, IOWA.

       The boundaries for the project referred to as the Des 
     Moines Recreational River and Greenbelt, Iowa under the 
     heading ``corps of engineers--civil'' under the heading 
     ``Department of the Army'' under the heading ``DEPARTMENT OF 
     DEFENSE--CIVIL'' in chapter IV of title I of the Supplemental 
     Appropriations Act, 1985 (Public Law 99-88, 99 Stat. 313) are 
     revised to include the entirety of sections 19 and 29, 
     situated in T89N, R28W.

     SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND DREDGED MATERIAL 
                   MANAGEMENT AREA, PORTSMOUTH, VIRGINIA.

       (a) In General.--Subject to the conditions described in 
     this section, the Secretary may convey to the Commonwealth of 
     Virginia, by quitclaim deed and without consideration, all 
     right, title, and interest of the United States in and to 2 
     parcels of land situated within the project for navigation, 
     Craney Island Eastward Expansion, Norfolk Harbor and 
     Channels, Hampton Roads, Virginia, authorized by section 
     1001(45) of the Water Resources Development Act of 2007 (Pub. 
     L. 110-114; 121 Stat. 1057), together with any improvements 
     thereon.
       (b) Lands To Be Conveyed.--
       (1) In general.--The 2 parcels of land to be conveyed under 
     this section include a parcel consisting of approximately 
     307.82 acres of land and a parcel consisting of approximately 
     13.33 acres of land, both located along the eastern side of 
     the Craney Island Dredged Material Management Area in 
     Portsmouth, Virginia.
       (2) Use.--The 2 parcels of land described in paragraph (1) 
     may be used by the Commonwealth of Virginia exclusively for 
     the purpose of port expansion, including the provision of 
     road and rail access and the construction of a shipping 
     container terminal.
       (c) Terms and Conditions.--Land conveyed under this section 
     shall be subject to--
       (1) a reversionary interest in the United States if the 
     land--
       (A) ceases to be held in public ownership; or
       (B) is used for any purpose that is inconsistent with 
     subsection (b); and
       (2) such other terms, conditions, reservations, and 
     restrictions that the Secretary determines to be necessary 
     and appropriate to protect the interests of the United 
     States.
       (d) Legal Description.--The exact acreage and legal 
     description of land to be conveyed under this section shall 
     be determined by a survey that is satisfactory to the 
     Secretary.
       (e) Conveyance Costs.--The Commonwealth of Virginia shall 
     be responsible for all costs associated with the conveyance 
     authorized by this section, including the cost of the survey 
     required under subsection (d) and other administrative costs.

     SEC. 3015. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.

       The project for flood control, Los Angeles County Drainage 
     Area, California, authorized by section 101(b) of the Water 
     Resources Development Act of 1990 (Pub. L. 101-640; 104 Stat. 
     4611), as modified, is further modified to authorize the 
     Secretary to include, as a part of the project, measures for 
     flood risk reduction, ecosystem restoration, and recreation 
     in the Compton Creek watershed.

     SEC. 3016. OAKLAND INNER HARBOR TIDAL CANAL, CALIFORNIA.

       Section 3182(b)(1) of the Water Resources Development Act 
     of 2007 (Public Law 110-114; 121 Stat. 1165) is amended--
       (1) in subparagraph (A), by inserting ``, or to a 
     multicounty public entity that is eligible to hold title to 
     real property'' after ``To the city of Oakland''; and
       (2) by inserting ``multicounty public entity or other'' 
     before ``public entity''.

     SEC. 3017. REDESIGNATION OF LOWER MISSISSIPPI RIVER MUSEUM 
                   AND RIVERFRONT INTERPRETIVE SITE.

       (a) In General.--Section 103(c)(1) of the Water Resources 
     Development Act of 1992 (106 Stat. 4811) is amended by 
     striking ``Lower Mississippi River Museum and Riverfront 
     Interpretive Site'' and inserting ``Jesse Brent Lower 
     Mississippi River Museum and Riverfront Interpretive Site''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     museum and interpretive site referred to in subsection (a) 
     shall be deemed to be a reference to the ``Jesse Brent Lower 
     Mississippi River Museum and Riverfront Interpretive Site''.

     SEC. 3018. LOUISIANA COASTAL AREA.

       (a) Interim Adoption of Comprehensive Coastal Master 
     Plan.--
       (1) In general.--Section 7002 of the Water Resources 
     Development Act of 2007 (Public Law 110-114; 121 Stat. 1270) 
     is amended--
       (A) by redesignating subsections (d) through (f) as 
     subsections (e) through (g), respectively;
       (B) by inserting after subsection (c) the following:
       ``(d) Interim Adoption of Comprehensive Master Plan.--Prior 
     to completion of the comprehensive plan described under 
     subsection (a), the Secretary shall adopt the plan of the 
     State of Louisiana entitled `Louisiana's Comprehensive Master 
     Plan for a Sustainable Coast' in effect on the date of 
     enactment of the Water Resources Development Act of 2013 (and 
     subsequent plans), authorized and defined pursuant to Act 8 
     of the First Extraordinary Session of the Louisiana State 
     Legislature, 2005, for protecting, preserving, and restoring 
     the coastal Louisiana ecosystem until implementation of the 
     comprehensive plan is complete.''; and
       (C) in subsection (g)(1) (as so redesignated), by striking 
     ``1 year'' and inserting ``10 years''.
       (2) Conforming amendment.--Subsection (f) (as so 
     redesignated) is amended by striking ``subsection (d)(1)'' 
     and inserting ``subsection (e)(1)''.
       (b) Section 7006 of the Water Resources Development Act of 
     2007 (Public Law 110-114; 121 Stat. 1274) is amended--
       (1) in subsection (a)(2)--
       (A) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (B) by inserting after subparagraph (B) the following:
       ``(C) to examine a system-wide approach to coastal 
     sustainability, including--
       ``(i) flood and storm damage protection;
       ``(ii) coastal restoration; and
       ``(iii) the elevation of public and private 
     infrastructure;''; and
       (2) in subsection (c)(1)(E), by striking ``at Myrtle 
     Grove'' and inserting ``in the vicinity of Myrtle Grove''.
       (c) Effect.--
       (1) In general.--Nothing in this section or an amendment 
     made by this section authorizes the construction of a project 
     or program associated with a storm surge barrier across the 
     Lake Pontchartrain land bridge (including Chef Menteur Pass 
     and the Rigolets) that would result in unmitigated induced 
     flooding in coastal communities within the State of 
     Mississippi.
       (2) Required consultation.--Any study to advance a project 
     described in paragraph (1) that is conducted using funds from 
     the General Investigations Account of the Corps of Engineers 
     shall include consultation and approval of the Governors of 
     the States of Louisiana and Mississippi.

     SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA AND ARLINGTON 
                   COUNTY, VIRGINIA.

       Section 84(a)(1) of the Water Resources Development Act of 
     1974 (Public Law 93-251; 88 Stat. 35) is amended by striking 
     ``twenty-seven thousand cubic feet per second'' and inserting 
     ``18,000 cubic feet per second''.

     SEC. 3020. EAST FORK OF TRINITY RIVER, TEXAS.

       The portion of the project for flood protection on the East 
     Fork of the Trinity River, Texas, authorized by section 203 
     of the Flood Control Act of 1962 (76 Stat. 1185), that 
     consists of the 2 levees identified as ``Kaufman County 
     Levees K5E and K5W'' shall no longer be authorized as a part 
     of the Federal project as of the date of enactment of this 
     Act.

     SEC. 3021. SEWARD WATERFRONT, SEWARD, ALASKA.

       (a) In General.--The parcel of land included in the Seward 
     Harbor, Alaska navigation project identified as Tract H, 
     Seward Original Townsite, Waterfront Park Replat, Plat No 
     2012-4, Seward Recording District, shall not be subject to 
     the navigation servitude (as of the date of enactment of this 
     Act).
       (b) Entry by Federal Government.--The Federal Government 
     may enter upon any portion of the land referred to in 
     subsection (a) to carry out any required operation and 
     maintenance of the general navigation features of the 
     project.

                    TITLE IV--WATER RESOURCE STUDIES

     SEC. 4001. PURPOSE.

       The purpose of this title is to authorize the Secretary to 
     study and recommend solutions for water resource issues 
     relating to flood risk and storm damage reduction, 
     navigation, and aquatic 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, 
     aquatic 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.

[[Page S3478]]

       (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 mission areas 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 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 2023.

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

       Section 510 of the Water Resources Development Act of 1996 
     (Public Law 104-303; 110 Stat. 3759; 121 Stat. 1202) is 
     amended--
       (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)--

[[Page S3479]]

       (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 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. UPPER MISSOURI BASIN SHORELINE EROSION PREVENTION.

       (a) In General.--
       (1) Authorization of assistance.--The Secretary may provide 
     planning, design, and construction assistance to not more 
     than 3 federally-recognized Indian tribes in the Upper 
     Missouri River Basin to undertake measures to address 
     shoreline erosion that is jeopardizing existing 
     infrastructure resulting from operation of a reservoir 
     constructed under the Pick-Sloan Missouri River Basin Program 
     (authorized by section 9 of the Act of December 22, 1944 
     (commonly known as the ``Flood Control Act of 1944'') (58 
     Stat. 891, chapter 665)).
       (2) Limitation.--The projects described in paragraph (1) 
     shall be economically justified, technically feasible, and 
     environmentally acceptable.
       (b) Federal and Non-Federal Cost Share.--
       (1) In general.--Subject to paragraph (2), the Federal 
     share of the costs of carrying out this section shall be not 
     less than 75 percent.
       (2) Ability to pay.--The Secretary may adjust the Federal 
     and non-Federal shares of the costs of carrying out this 
     section in accordance with the terms and conditions of 
     section 103(m) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213(m)).
       (c) Conditions.--The Secretary may provide the assistance 
     described in subsection (a) only after--
       (1) consultation with the Department of the Interior; and
       (2) execution by the Indian tribe of a memorandum of 
     agreement with the Secretary that specifies that the tribe 
     shall--
       (A) be responsible for--
       (i) all operation and maintenance activities required to 
     ensure the integrity of the measures taken; and
       (ii) providing any required real estate interests in and to 
     the property on which such measures are to be taken; and
       (B) hold and save the United States free from damages 
     arising from planning, design, or construction assistance 
     provided under this section, except for damages due to the 
     fault or negligence of the United States or its contractors.
       (d) Authorization of Appropriations.--For each Indian tribe 
     eligible under this section, there is authorized to be 
     appropriated to carry out this section not more than 
     $30,000,000.

[[Page S3480]]

     SEC. 5010. 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) Effect of Section.--
       (1) In general.--Nothing in this section replaces or 
     provides a substitute for the authority to carry out projects 
     under section 3110 of the Water Resources Development Act of 
     2007 (121 Stat. 1135).
       (2) Funding.--The amounts made available to carry out this 
     section shall be used to carry out projects that are not 
     otherwise carried out under section 3110 of the Water 
     Resources Development Act of 2007 (121 Stat. 1135).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000.

     SEC. 5011. AQUATIC NUISANCE SPECIES PREVENTION, GREAT LAKES 
                   AND MISSISSIPPI RIVER BASIN.

       (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.

     SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT PROGRAM.

       (a) In General.--In accordance with the project for 
     navigation, Mississippi River between the Ohio and Missouri 
     Rivers (Regulating Works), Missouri and Illinois, authorized 
     by the Act of June 25, 1910 (36 Stat. 631, chapter 382) 
     (commonly known as the ``River and Harbor Act of 1910''), the 
     Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly 
     known as the ``River and Harbor Act of 1927''), and the Act 
     of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary 
     shall carry out a pilot program to restore and protect fish 
     and wildlife habitat in the middle Mississippi River.
       (b) Authorized Activities.--As part of the pilot program 
     carried out under subsection (a), the Secretary may carry out 
     any activity along the Middle Mississippi River that is 
     necessary to improve navigation through the project while 
     restoring and protecting fish and wildlife habitat in the 
     middle Mississippi River if the Secretary determines that the 
     activity is feasible.
       (c) Cost-Sharing Requirement.--
       (1) In general.--The maximum Federal share of the cost of 
     carrying out a project under this section shall be 65 
     percent.
       (2) Amount expended per project.--The Federal share 
     described in paragraph (1) shall not exceed $10,000,000 for 
     each project.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2014 through 2023.

     SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL 
                   UTAH, AND WYOMING.

       Section 595 of the Water Resources Development Act of 1999 
     (Public Law 106-53; 113 Stat. 383) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Form of Assistance.--Assistance under this section 
     may be in the form of--
       ``(1) design and construction assistance for water-related 
     environmental infrastructure and resource protection and 
     development in Idaho, Montana, rural Nevada, New Mexico, 
     rural Utah, and Wyoming, including projects for--
       ``(A) wastewater treatment and related facilities;
       ``(B) water supply and related facilities;
       ``(C) environmental restoration; and
       ``(D) surface water resource protection and development; 
     and
       ``(2) technical assistance to small and rural communities 
     for water planning and issues relating to access to water 
     resources.''; and
       (2) by striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for the period 
     beginning with fiscal year 2001 $450,000,000, which shall--
       ``(1) be made available to the States and locales described 
     in subsection (b) consistent with program priorities 
     determined by the Secretary in accordance with criteria 
     developed by the Secretary to establish the program 
     priorities; and
       ``(2) remain available until expended.''.''

     SEC. 5014. CHESAPEAKE BAY OYSTER RESTORATION IN VIRGINIA AND 
                   MARYLAND.

       Section 704(b) of Water Resources Development Act of 1986 
     (33 U.S.C. 2263(b)) is amended--
       (1) in paragraph (1), by striking ``$50,000,000'' and 
     inserting ``$70,000,000''; and
       (2) by striking subparagraph (B) of paragraph (4) and 
     inserting the following:
       ``(B) Form.--The non-Federal share may be provided through 
     in-kind services, including--
       ``(i) the provision by the non-Federal interest of shell 
     stock material that is determined by the Secretary to be 
     suitable for use in carrying out the project; and
       ``(ii) in the case of a project carried out under paragraph 
     (2)(D) after the date of enactment of this clause, land 
     conservation or restoration efforts undertaken by the non-
     Federal interest that the Secretary determines provide water 
     quality benefits that--

       ``(I) enhance the viability of oyster restoration efforts; 
     and
       ``(II) are integral to the project.''.

     SEC. 5015. MISSOURI RIVER BETWEEN FORT PECK DAM, MONTANA AND 
                   GAVINS POINT DAM, SOUTH DAKOTA AND NEBRASKA.

       Section 9(f) of the Act of December 22, 1944 (commonly 
     known as the ``Flood Control Act of 1944'') (58 Stat. 891, 
     chapter 665; 102 Stat. 4031) is amended by striking 
     ``$3,000,000'' and inserting ``$5,000,000''.

     SEC. 5016. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI 
                   RIVER PORTS.

       (a) Definitions.--In this section:
       (1) Shallow draft.--The term ``shallow draft'' means a 
     project that has a depth less than 14 feet.
       (2) Inland mississippi river.--The term ``inland 
     Mississippi River'' means the portion of the Mississippi 
     River that begins at the confluence of the Minnesota River 
     and ends at the confluence of the Red River.
       (b) In General.--The Secretary, acting through the Chief of 
     Engineers, shall carry out dredging activities on shallow 
     draft ports located on the Inland Mississippi River to the 
     respective authorized widths and depths of those inland 
     ports, as authorized on the date of enactment of this Act.
       (c) Authorization of Appropriations.--For each fiscal year, 
     there is authorized to be appropriated to the Secretary to 
     carry out this section $25,000,000.

     SEC. 5017. REMOTE AND SUBSISTENCE HARBORS.

       Section 2006 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2242) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B), by inserting ``or Alaska'' after 
     ``Hawaii''; and
       (B) in paragraph (2)--
       (i) by striking ``community'' and inserting ``region''; and
       (ii) by inserting ``, as determined by the Secretary based 
     on information provided by the non-Federal interest'' after 
     ``improvement''; and
       (2) by adding at the end the following:
       ``(c) Prioritization.--Projects recommended by the 
     Secretary under subsection (a) shall be given equivalent 
     budget consideration and priority as projects recommended 
     solely by national economic development benefits.
       ``(d) Construction.--
       ``(1) In general.--The Secretary may plan, design, or 
     construct projects for navigation in the noncontiguous States 
     and territories of the United States if the Secretary finds 
     that the project is--
       ``(A) technically feasible;
       ``(B) environmentally sound; and
       ``(C) economically justified.
       ``(2) Special rule.--In evaluating and implementing a 
     project under this section, the Secretary shall allow the 
     non-Federal interest to participate in the financing of the 
     project in accordance with the criteria established for flood 
     control projects in section 903(c) of the Water Resources 
     Development Act of 1986 (Public Law 99-662; 100 Stat. 4184) 
     if the detailed project report evaluation indicates that 
     applying that section is necessary to implement the project.
       ``(3) Cost.--The Federal share of the cost of carrying out 
     a project under this section shall not exceed $10,000,000.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to

[[Page S3481]]

     carry out projects initiated by the Secretary under this 
     subsection $100,000,000 for fiscal years 2014 through 
     2023.''.

     SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN 
                   CARP IN THE UPPER MISSISSIPPI RIVER AND OHIO 
                   RIVER BASINS AND TRIBUTARIES.

       (a) Multiagency Effort To Slow the Spread of Asian Carp in 
     the Upper Mississippi and Ohio River Basins and 
     Tributaries.--
       (1) In general.--The Director of the United States Fish and 
     Wildlife Service, in coordination with the Chief of 
     Engineers, the Director of the National Park Service, and the 
     Director of the United States Geological Survey, shall lead a 
     multiagency effort to slow the spread of Asian carp in the 
     Upper Mississippi and Ohio River basins and tributaries by 
     providing high-level technical assistance, coordination, best 
     practices, and support to State and local governments in 
     carrying out activities designed to slow, and eventually 
     eliminate, the threat posed by Asian carp.
       (2) Best practices.--To the maximum extent practicable, the 
     multiagency effort shall apply lessons learned and best 
     practices such as those described in the document prepared by 
     the Asian Carp Working Group entitled ``Management and 
     Control Plan for Bighead, Black, Grass, and Silver Carps in 
     the United States'', and dated November 2007, and the 
     document prepared by the Asian Carp Regional Coordinating 
     Committee entitled ``FY 2012 Asian Carp Control Strategy 
     Framework'' and dated February 2012.
       (b) Report to Congress.--
       (1) In general.--Not later than December 31 of each year, 
     the Director of the United States Fish and Wildlife Service, 
     in coordination with the Chief of Engineers, shall submit to 
     the Committee on Appropriations and the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Appropriations and the Committee on Environmental and 
     Public Works of the Senate a report describing the 
     coordinated strategies established and progress made toward 
     goals to control and eliminate Asian carp in the Upper 
     Mississippi and Ohio River basins and tributaries.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) any observed changes in the range of Asian carp in the 
     Upper Mississippi and Ohio River basins and tributaries 
     during the 2-year period preceding submission of the report;
       (B) a summary of Federal agency efforts, including 
     cooperative efforts with non-Federal partners, to control the 
     spread of Asian carp in the Upper Mississippi and Ohio River 
     basins and tributaries;
       (C) any research that the Director determines could improve 
     the ability to control the spread of Asian carp in the Upper 
     Mississippi and Ohio River basins and tributaries;
       (D) any quantitative measures that Director intends to use 
     to document progress in controlling the spread of Asian carp 
     in the Upper Mississippi and Ohio River basins and 
     tributaries; and
       (E) a cross-cut accounting of Federal and non-Federal 
     expenditures to control the spread of Asian carp in the Upper 
     Mississippi and Ohio River basins and tributaries.

     SEC. 5019. RELEASE OF USE RESTRICTIONS.

       Notwithstanding any other provision of law, the Tennessee 
     Valley Authority shall, without monetary consideration, grant 
     releases from real estate restrictions established pursuant 
     to section 4(k)(b) of the Tennessee Valley Authority Act of 
     1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land 
     identified in section 4(k)(b) of that Act; provided that such 
     releases shall be granted in a manner consistent with 
     applicable TVA policies.

     SEC. 5020. RIGHTS AND RESPONSIBILITIES OF CHEROKEE NATION OF 
                   OKLAHOMA REGARDING W.D. MAYO LOCK AND DAM, 
                   OKLAHOMA.

       Section 1117 of the Water Resources Development Act of 1986 
     (Public Law 99-662; 100 Stat. 4236) is amended to read as 
     follows:

     ``SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Cherokee Nation of Oklahoma has authorization--
       ``(1) to design and construct 1 or more hydroelectric 
     generating facilities at the W.D. Mayo Lock and Dam on the 
     Arkansas River in the State of Oklahoma, subject to the 
     requirements of subsection (b) and in accordance with the 
     conditions specified in this section; and
       ``(2) to market the electricity generated from any such 
     hydroelectric generating facility.
       ``(b) Preconstruction Requirements.--
       ``(1) In general.--The Cherokee Nation shall obtain any 
     permit required by Federal or State law before the date on 
     which construction begins on any hydroelectric generating 
     facility under subsection (a).
       ``(2) Review by secretary.--The Cherokee Nation may 
     initiate the design or construction of a hydroelectric 
     generating facility under subsection (a) only after the 
     Secretary reviews and approves the plans and specifications 
     for the design and construction.
       ``(c) Payment of Design and Construction Costs.--
       ``(1) In general.--The Cherokee Nation shall--
       ``(A) bear all costs associated with the design and 
     construction of any hydroelectric generating facility under 
     subsection (a); and
       ``(B) provide any funds necessary for the design and 
     construction to the Secretary prior to the Secretary 
     initiating any activities relating to the design and 
     construction of the hydroelectric generating facility.
       ``(2) Use by secretary.--The Secretary may--
       ``(A) accept funds offered by the Cherokee Nation under 
     paragraph (1); and
       ``(B) use the funds to carry out the design and 
     construction of any hydroelectric generating facility under 
     subsection (a).
       ``(d) Assumption of Liability.--The Cherokee Nation--
       ``(1) shall hold all title to any hydroelectric generating 
     facility constructed under this section;
       ``(2) may, subject to the approval of the Secretary, assign 
     that title to a third party;
       ``(3) shall be solely responsible for--
       ``(A) the operation, maintenance, repair, replacement, and 
     rehabilitation of any such facility; and
       ``(B) the marketing of the electricity generated by any 
     such facility; and
       ``(4) shall release and indemnify the United States from 
     any claims, causes of action, or liabilities that may arise 
     out of any activity undertaken to carry out this section.
       ``(e) Assistance Available.--Notwithstanding any other 
     provision of law, the Secretary may provide any technical and 
     construction management assistance requested by the Cherokee 
     Nation relating to the design and construction of any 
     hydroelectric generating facility under subsection (a).
       ``(f) Third Party Agreements.--The Cherokee Nation may 
     enter into agreements with the Secretary or a third party 
     that the Cherokee Nation or the Secretary determines to be 
     necessary to carry out this section.''.

     SEC. 5021. UPPER MISSISSIPPI RIVER PROTECTION.

       (a) Definition of Upper St. Anthony Falls Lock and Dam.--In 
     this section, the term ``Upper St. Anthony Falls Lock and 
     Dam'' means the lock and dam located on Mississippi River 
     mile 853.9 in Minneapolis, Minnesota.
       (b) Economic Impact Study.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall submit 
     to Congress a report regarding the impact of closing the 
     Upper St. Anthony Falls Lock and Dam on the economic and 
     environmental well-being of the State of Minnesota.
       (c) Mandatory Closure.--Notwithstanding subsection (b) and 
     not later than 1 year after the date of enactment of this 
     Act, the Secretary shall close the Upper St. Anthony Falls 
     Lock and Dam if the Secretary determines that the annual 
     average tonnage moving through the Upper St. Anthony Falls 
     Lock and Dam for the preceding 5 years is not more than 
     1,500,000 tons.
       (d) Emergency Operations.--Nothing in this section prevents 
     the Secretary from carrying out emergency lock operations 
     necessary to mitigate flood damage.

     SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.

       (a) In General.--The Secretary may provide technical 
     assistance, including planning, design, and construction 
     assistance, to non-Federal public entities, including Indian 
     tribes (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b)), 
     for the development, construction, operation, and maintenance 
     of channels, harbors, and related infrastructure associated 
     with deep draft ports for purposes of dealing with Arctic 
     development and security needs.
       (b) Acceptance of Funds.--The Secretary is authorized to 
     accept and expend funds provided by non-Federal public 
     entities, including Indian tribes (as defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b)), to carry out the activities described in 
     subsection (a).
       (c) Limitation.--No assistance may be provided under this 
     section until after the date on which the entity to which 
     that assistance is to be provided enters into a written 
     agreement with the Secretary that includes such terms and 
     conditions as the Secretary determines to be appropriate and 
     in the public interest.
       (d) Prioritization.--The Secretary shall prioritize Arctic 
     deep draft ports identified by the Army Corps, the Department 
     of Homeland Security and the Department of Defense.

     SEC. 5023. GREATER MISSISSIPPI RIVER BASIN SEVERE FLOODING 
                   AND DROUGHT MANAGEMENT STUDY.

       (a) Definitions.--In this section:
       (1) Greater mississippi river basin.--The term ``greater 
     Mississippi River Basin'' means the area covered by 
     hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the 
     United States Geological Survey as of the date of enactment 
     of this Act.
       (2) Lower mississippi river.--The term ``lower Mississippi 
     River'' means the portion of the Mississippi River that 
     begins at the confluence of the Ohio River and flows to the 
     Gulf of Mexico.
       (3) Middle mississippi river.--The term ``middle 
     Mississippi River'' means the portion of the Mississippi 
     River that begins at the confluence of the Missouri River and 
     flows to the lower Mississippi River.
       (4) Severe flooding and drought.--The term ``severe 
     flooding and drought'' means severe weather events that 
     threaten personal safety, property, and navigation on the 
     inland waterways of the United States.
       (b) In General.--The Secretary shall carry out a study of 
     the greater Mississippi River Basin--
       (1) to improve the coordinated and comprehensive management 
     of water resource

[[Page S3482]]

     projects in the greater Mississippi River Basin relating to 
     severe flooding and drought conditions; and
       (2) to evaluate the feasibility of any modifications to 
     those water resource projects, consistent with the authorized 
     purposes of those projects, and develop new water resource 
     projects to improve the reliability of navigation and more 
     effectively reduce flood risk.
       (c) Contents.--The study shall--
       (1) identify any Federal actions that are likely to prevent 
     and mitigate the impacts of severe flooding and drought, 
     including changes to authorized channel dimensions, 
     operational procedures of locks and dams, and reservoir 
     management within the greater Mississippi River Basin, 
     consistent with the authorized purposes of the water resource 
     projects;
       (2) identify and make recommendations to remedy challenges 
     to the Corps of Engineers presented by severe flooding and 
     drought, including river access, in carrying out its mission 
     to maintain safe, reliable navigation, consistent with the 
     authorized purposes of the water resource projects in the 
     greater Mississippi River Basin; and
       (3) identify and locate natural or other physical 
     impediments along the middle and lower Mississippi River to 
     maintaining navigation on the middle and lower Mississippi 
     River during periods of low water.
       (d) Consultation and Use of Existing Data.--In carrying out 
     the study, the Secretary shall--
       (1) consult with appropriate committees of Congress, 
     Federal, State, tribal, and local agencies, environmental 
     interests, agricultural interests, recreational interests, 
     river navigation industry representatives, other shipping and 
     business interests, organized labor, and nongovernmental 
     organizations;
       (2) to the maximum extent practicable, use data in 
     existence as of the date of enactment of this Act; and
       (3) incorporate lessons learned and best practices 
     developed as a result of past severe flooding and drought 
     events, including major floods and the successful effort to 
     maintain navigation during the near historic low water levels 
     on the Mississippi River during the winter of 2012-2013.
       (e) Cost-sharing.--The Federal share of the cost of 
     carrying out the study under this section shall be 100 
     percent.
       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study carried out under this section.
       (g) Savings Clause.--Nothing in this section impacts the 
     operations and maintenance of the Missouri River Mainstem 
     System, as authorized by the Act of December 22, 1944 (58 
     Stat. 897, chapter 665).

     SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, MAINE.

       (a) In General.--The Secretary, in concurrence with the 
     Administrator of the Environmental Protection Agency, is 
     authorized to reopen the Cape Arundel Disposal Site selected 
     by the Department of the Army as an alternative dredged 
     material disposal site under section 103(b) of the Marine 
     Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
     1413(b)) (referred to in this section as the ``Site'').
       (b) Deadline.--The Site may remain open under subsection 
     (a) until the earlier of--
       (1) the date on which the Site does not have any remaining 
     disposal capacity;
       (2) the date on which an environmental impact statement 
     designating an alternative dredged material disposal site for 
     southern Maine has been completed; or
       (3) the date that is 5 years after the date of enactment of 
     this Act.
       (c) Limitations.--The use of the Site as a dredged material 
     disposal site under subsection (a) shall be subject to the 
     conditions that--
       (1) conditions at the Site remain suitable for the 
     continued use of the Site as a dredged material disposal 
     site; and
       (2) the Site not be used for the disposal of more than 
     80,000 cubic yards from any single dredging project.

                         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 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.

[[Page S3483]]

       (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, removal of a levee, or 
     reconfiguration of a levee system, including a setback levee, 
     that is carried out to reduce flood risk or meet national 
     levee safety guidelines.
       (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 consultation with 
     the Administrator of the Federal Emergency Management Agency 
     and 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 consultation with the 
     Administrator of the Federal Emergency Management Agency and 
     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 consultation 
     with the Administrator of the Federal Emergency Management 
     Agency and in coordination with the Board, shall evaluate 
     opportunities to coordinate--
       (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 consultation with the Administrator 
     of the Federal Emergency Management Agency and in 
     coordination with the Board, the Secretary shall issue 
     guidelines that establish

[[Page S3484]]

     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.).
       (C) Measures to assess effectiveness.--Not later than 1 
     year after the enactment of this Act, the Secretary shall 
     implement quantifiable performance measures and metrics to 
     assess the effectiveness of the grant program established in 
     accordance with subparagraph (A).
       (j) Levee Rehabilitation Assistance Program.--
       (1) Establishment.--The Secretary, in consultation with the 
     Administrator of the Federal Emergency Management Agency, 
     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, in consultation with 
     the Administrator of the Federal Emergency Management Agency, 
     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 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.

[[Page S3485]]

       (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;
       (4) to carry out the levee inventory and inspections under 
     section 9004 of the Water Resources Development Act of 2007 
     (33 U.S.C.

[[Page S3486]]

     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.

       Section 205(1)(E)(ii) of the Water Resources Development 
     Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking 
     ``$8,000,000'' and inserting ``$20,000,000''.

     SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES.

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

[[Page S3487]]

       (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.

     SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER OHIO 
                   RIVER, ILLINOIS AND KENTUCKY.

       As soon as practicable after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct, and submit to Congress a report describing the 
     results of, a study to determine why, and to what extent, the 
     project for navigation, Lower Ohio River, Locks and Dams 52 
     and 53, Illinois and Kentucky (commonly known as the 
     ``Olmsted Locks and Dam project''), authorized by section 
     3(a)(6) of the Water Resources Development Act of 1988 (102 
     Stat. 4013), has exceeded the budget for the project and the 
     reasons why the project failed to be completed as scheduled, 
     including an assessment of--
       (1) engineering methods used for the project;
       (2) the management of the project;
       (3) contracting for the project;
       (4) the cost to the United States of benefits foregone due 
     to project delays; and
       (5) such other contributory factors as the Comptroller 
     General determines to be appropriate.

     SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, ILLINOIS 
                   AND KENTUCKY.

       Section 3(a)(6) of the Water Resources Development Act of 
     1988 (102 Stat. 4013) is amended by striking ``and with the 
     costs of construction'' and all that follows through the 
     period at the end and inserting ``which amounts remaining 
     after the date of enactment of this Act shall be appropriated 
     from the general fund of the Treasury.''.

                     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;
       (4) to ensure United States ports are prepared to meet 
     modern shipping needs, including the capability to receive 
     large ships that require deeper drafts; and
       (5) to prevent cargo diversion from United States ports.

     SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       (a) Definitions.--In this section:
       (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 determined under section 257 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     907) for that fiscal year submitted pursuant to section 1105 
     of title 31, United States Code.
       (b) Minimum Resources.--
       (1) Minimum resources.--
       (A) In general.--The total budget resources made available 
     to the Secretary from the Harbor Maintenance Trust Fund shall 
     be not less than the lesser of--
       (i)(I) for fiscal year 2014, $1,000,000,000;
       (II) for fiscal year 2015, $1,100,000,000;
       (III) for fiscal year 2016, $1,200,000,000;
       (IV) for fiscal year 2017, $1,300,000,000;
       (V) for fiscal year 2018, $1,400,000,000; and
       (VI) for fiscal year 2019, $1,500,000,000; and
       (ii) the level of receipts plus interest credited to the 
     Harbor Maintenance Trust Fund for that fiscal year.
       (B) Fiscal year 2020 and subsequent fiscal years.--For 
     fiscal year 2020 and each fiscal year thereafter, the total 
     budget resources made available to the Secretary from the 
     Harbor Maintenance Trust Fund shall be not less than the 
     level of receipts plus interest credited to the Harbor 
     Maintenance Trust Fund for that fiscal year.
       (2) Use of amounts.--The amounts described in paragraph (1) 
     may be used only for harbor maintenance programs described in 
     section 9505(c) of the Internal Revenue Code of 1986.
       (c) Impact on Other Funds.--
       (1) In general.--Subject to paragraph (3), subsection 
     (b)(1) shall not apply if providing the minimum resources 
     required under that subsection would result in making the 
     amounts made available for the applicable 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)).
       (3) Exceptions.--Paragraph (1) shall not apply if--
       (A) amounts made available for the civil works program of 
     the Corps of Engineers for a fiscal year are less than the 
     amounts made available for the civil works program in the 
     previous fiscal year; and
       (B) the reduction in amounts made available--
       (i) applies to all discretionary funds and programs of the 
     Federal Government; and
       (ii) is applied to the civil works program in the same 
     percentage and manner as other discretionary funds and 
     programs.

     SEC. 8004. HARBOR MAINTENANCE TRUST FUND PRIORITIZATION.

       (a) Policy.--It is the policy of the United States that the 
     primary use of the Harbor Maintenance Trust Fund is for 
     maintaining the constructed widths and depths of the 
     commercial ports and harbors of the United States, and those 
     functions should be given first consideration in the 
     budgeting of Harbor Maintenance Trust Fund allocations.
       (b) 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) Definitions.--In this subsection:
       ``(A) Constructed width and depth.--The term `constructed 
     width and depth' means the depth to which a project has been 
     constructed, which shall not exceed the authorized width and 
     depth of the project.
       ``(B) Great lakes navigation system.--The term `Great Lakes 
     Navigation System' includes--
       ``(i)(I) Lake Superior;
       ``(II) Lake Huron;
       ``(III) Lake Michigan;
       ``(IV) Lake Erie; and
       ``(V) Lake Ontario;
       ``(ii) all connecting waters between the lakes referred to 
     in clause (i) used for commercial navigation;
       ``(iii) any navigation features in the lakes referred to in 
     clause (i) or waters described in clause (ii) that are a 
     Federal operation or maintenance responsibility; and
       ``(iv) areas of the Saint Lawrence River that are operated 
     or maintained by the Federal Government for commercial 
     navigation.
       ``(C) High-use deep draft.--
       ``(i) In general.--The term `high-use deep draft' means a 
     project that has a depth of greater than 14 feet with not 
     less than 10,000,000 tons of cargo annually.
       ``(ii) Exclusion.--The term `high-use deep draft' does not 
     include a project located in the Great Lakes Navigation 
     System.
       ``(D) Low-use port.--The term `low-use port' means a port 
     at which not more than 1,000,000 tons of cargo are 
     transported each calendar year.

[[Page S3488]]

       ``(E) Moderate-use port.--The term `moderate-use port' 
     means a port at which more than 1,000,000, but fewer than 
     10,000,000, tons of cargo are transported each calendar year.
       ``(2) Priority.--Of the amounts made available under this 
     section to carry out projects described in subsection (a)(2) 
     that are in excess of the amounts made available to carry out 
     those projects in fiscal year 2012, the Secretary of the 
     Army, acting through the Chief of Engineers, shall give 
     priority to those projects in the following order:
       ``(A)(i) 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 a successor regulation) 
     are not maintained to their constructed width and depth, the 
     Secretary shall prioritize amounts made available under this 
     section for those projects that are high-use deep draft and 
     are a priority for navigation in the Great Lakes Navigation 
     System.
       ``(ii) Of the amounts made available under clause (i)--
       ``(I) 80 percent shall be used for projects that are high-
     use deep draft; and
       ``(II) 20 percent shall be used for projects that are a 
     priority for navigation in the Great Lakes Navigation System.
       ``(B) In any fiscal year in which all projects identified 
     as high-use deep draft are maintained to their constructed 
     width and depth, the Secretary shall--
       ``(i) equally divide among each of the districts of the 
     Corps of Engineers in which eligible projects are located 10 
     percent of remaining amounts made available under this 
     section for moderate-use and low-use port projects--

       ``(I) that have been maintained at less than their 
     constructed width and depth due to insufficient federal 
     funding during the preceding 6 fiscal years; and
       ``(II) for which significant State and local investments in 
     infrastructure have been made at those projects during the 
     preceding 6 fiscal years; and

       ``(ii) prioritize any remaining amounts made available 
     under this section for those projects that are not maintained 
     to the minimum width and depth necessary to provide 
     sufficient clearance for fully loaded commercial vessels 
     using those projects to maneuver safely.
       ``(3) 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)).
       ``(4) Exceptions.--The Secretary may prioritize a project 
     not identified in paragraph (2) if the Secretary determines 
     that funding for the project is necessary to address--
       ``(A) hazardous navigation conditions; or
       ``(B) impacts of natural disasters, including storms and 
     droughts.
       ``(5) Reports to congress.--Not later than September 30, 
     2013, and annually thereafter, the Secretary shall submit to 
     Congress a report that describes, with respect to the 
     preceding fiscal year--
       ``(A) the amount of funds used to maintain high-use deep 
     draft projects and projects at moderate-use ports and low-use 
     ports to the constructed depth and width of the projects;
       ``(B) the respective percentage of total funds provided 
     under this section used for high use deep draft projects and 
     projects at moderate-use ports and low-use ports;
       ``(C) the remaining amount of funds made available to carry 
     out this section, if any; and
       ``(D) any additional amounts needed to maintain the high-
     use deep draft projects and projects at moderate-use ports 
     and low-use ports to the constructed depth and width of the 
     projects.''.
       (c) 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, subject to section 
     210(c)(2), subparagraph (A) shall only apply--

       ``(I) to the amounts made available under section 210 to 
     carry out projects described in subsection (a)(2) of that 
     section that are in excess of the amounts made available to 
     carry out those projects in fiscal year 2012; and
       ``(II) if, in that fiscal year, all projects identified as 
     high-use deep draft (as defined in section 210(c)) are 
     maintained to their constructed width and depth.

       ``(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 amount of 
     funding from the Harbor Maintenance Trust Fund in comparison 
     to the amount of funding contributed to the Harbor 
     Maintenance Trust Fund in the previous 3 fiscal years.
       ``(iv) Maximum amount.--The total amount made available in 
     each fiscal year to carry out this paragraph shall not exceed 
     the lesser of--

       ``(I) amount that is equal to 40 percent of the amounts 
     made available under section 210 to carry out projects 
     described in subsection (a)(2) of that section that are in 
     excess of the amounts made available to carry out those 
     projects in fiscal year 2012; and
       ``(II) the amount that is equal to 20 percent of the 
     amounts made available under section 210 to carry out 
     projects described in subsection (a)(2) of that section.

       ``(4) Donor ports and ports contributing to energy 
     production.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Cargo container.--The term `cargo container' means a 
     cargo container that is 1 Twenty-foot Equivalent Unit.
       ``(ii) Eligible donor port.--The term, `eligible donor 
     port' means a port--

       ``(I) that is subject to the harbor maintenance fee under 
     section 24.24 of title 19, Code of Federal Regulations (or a 
     successor regulation);
       ``(II)(aa) at which the total amounts collected pursuant to 
     section 4461 of the Internal Revenue Code of 1986 comprise 
     not less than $15,000,000 annually of the total funding of 
     the Harbor Maintenance Trust Fund established under section 
     9505 of the Internal Revenue Code of 1986; and
       ``(bb) that received less than 25 percent of the total 
     amounts collected at that port pursuant to section 4461 of 
     the Internal Revenue Code of 1986 in the previous 5 fiscal 
     years; and
       ``(III) that is located in a State in which more than 
     2,000,000 cargo containers were unloaded from or loaded on to 
     vessels in calendar year 2011.

       ``(iii) Eligible energy transfer port.--The term `eligible 
     energy transfer port' means a port--

       ``(I) that is subject to the harbor maintenance fee under 
     section 24.24 of title 19, Code of Federal Regulation (or 
     successor regulation); and
       ``(II)(aa) at which energy commodities comprised greater 
     than 25 percent of all commercial activity by tonnage in 
     calendar year 2011; and

       ``(bb) through which more than 40 million tons of cargo 
     were transported in calendar year 2011.
       ``(iv) Energy commodity.--The term `energy commodity' 
     includes--

       ``(I) petroleum products;
       ``(II) natural gas;
       ``(III) coal;
       ``(IV) wind and solar energy components; and
       ``(V) biofuels.

       ``(B) Additional uses.--
       ``(i) In general.--Subject to appropriations, the Secretary 
     may provide to eligible donor ports and eligible energy 
     transfer ports amounts in accordance with clause (ii).
       ``(ii) Limitations.--The amounts described in clause (i)--

       ``(I) made available for eligible energy transfer ports 
     shall be divided equally among all States with an eligible 
     energy transfer port; and
       ``(II) shall be made available only to a port as either an 
     eligible donor port or an eligible energy transfer port.

       ``(C) Uses.--Amounts provided to an eligible port under 
     this paragraph may only be used by that port--
       ``(i) to provide payments to importers entering cargo or 
     shippers transporting cargo through an eligible donor port or 
     eligible energy transfer port, as calculated by U.S. Customs 
     and Border Protection;
       ``(ii) to dredge berths in a harbor that is accessible to a 
     Federal channel;
       ``(iii) to dredge and dispose 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; or

       ``(iv) for environmental remediation related to dredging 
     berths and Federal navigation channels.
       ``(D) Administration of payments.--If an eligible donor 
     port or eligible energy transfer port elects to provide 
     payments to importers or shippers in accordance with 
     subparagraph (C)(i), the Secretary shall transfer the amounts 
     that would be provided to the

[[Page S3489]]

     port under this paragraph to the Commissioner of U.S. Customs 
     and Border Protection to provide the payments to the 
     importers or shippers.
       ``(E) Authorization of appropriations.--
       ``(i) In general.--For fiscal years 2014 through 2024, if 
     the total amounts made available from the Harbor Maintenance 
     Trust Fund exceed the total amounts made available from the 
     Harbor Maintenance Trust Fund in fiscal year 2012, there is 
     authorized to be appropriated from the Harbor Maintenance 
     Trust Fund to carry out this paragraph the sum obtained by 
     adding--

       ``(I) $50,000,000; and
       ``(II) the amount that is equal to 10 percent of the 
     amounts made available under section 210 to carry out 
     projects described in subsection (a)(2) of that section that 
     are in excess of the amounts made available to carry out 
     those projects in fiscal year 2012.

       ``(ii) Division between eligible donor ports and eligible 
     energy transfer ports.--For each fiscal year, amounts made 
     available shall be divided equally between eligible donor 
     ports and eligible energy transfer ports.''.
       (d) 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. HARBOR MAINTENANCE TRUST FUND STUDY.

       (a) Definitions.--In this section:
       (1) Low-use port.--The term ``low-use port'' means a port 
     at which not more than 1,000,000 tons of cargo are 
     transported each calendar year.
       (2) Moderate-use port.--The term ``moderate-use port'' 
     means a port at which more than 1,000,000, but fewer than 
     10,000,000, tons of cargo are transported each calendar year.
       (b) Study.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall carry out a study and submit to Congress a 
     report that--
       (1) evaluates the effectiveness of activities funded by the 
     Harbor Maintenance Trust Fund in maximizing economic growth 
     and job creation in the communities surrounding low- and 
     moderate-use ports; and
       (2) includes recommendations relating to the use of amounts 
     in the Harbor Maintenance Trust Fund to increase the 
     competitiveness of United States ports relative to Canadian 
     and Mexican ports.

                          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

[[Page S3490]]

     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) Rural water infrastructure project.--The term ``rural 
     water infrastructure project'' means a project that--
       (A) is described in section 10007; and
       (B) is located in a water system that serves not more than 
     25,000 individuals.
       (11) 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.
       (12) 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.
       (13) State infrastructure financing authority.--The term 
     ``State infrastructure financing authority'' means the State 
     entity established or designated by the Governor of a State 
     to receive a capitalization grant provided by, or otherwise 
     carry out the requirements of, title VI of the Federal Water 
     Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 
     1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
       (14) 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.).
       (15) 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.
       (16) 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 (including a 
     facility that serves a population or community of an Indian 
     reservation).
       (6) A brackish or sea water desalination project, a managed 
     aquifer recharge project, or a water recycling project.
       (7) Acquisition of real property or an interest in real 
     property--
       (A) if the acquisition is integral to a project described 
     in paragraphs (1) through (6); or
       (B) pursuant to an existing plan that, in the judgment of 
     the Administrator or the Secretary, as applicable, would 
     mitigate the environmental impacts of water resources 
     infrastructure projects otherwise eligible for assistance 
     under this section.
       (8) A combination of projects, each of which is eligible 
     under paragraph (2) or (3), for which a State infrastructure 
     financing authority submits to the Administrator a single 
     application.
       (9) A combination of projects secured by a common security 
     pledge, each of which is eligible under paragraph (1), (2), 
     (3), (4), (5), (6), or (7), for which an eligible entity, or 
     a combination of eligible entities, submits a single 
     application.

     SEC. 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.--
       (A) In general.--Subject to subparagraph (B), the eligible 
     project costs of a project shall be reasonably anticipated to 
     be not less than $20,000,000.
       (B) Rural water infrastructure projects.--For rural water 
     infrastructure projects, the eligible project costs of a 
     project shall be reasonably anticipated to be not less than 
     $5,000,000.

[[Page S3491]]

       (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 or a tribal government or consortium of 
     tribal governments, 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).

     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.--

[[Page S3492]]

       (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
       (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.

     SEC. 10016. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   GOODS.

       (a) In General.--Except as provided in subsection (b), none 
     of the amounts made available under this Act may be used for 
     the construction, alteration, maintenance, or repair of a 
     project eligible for assistance under this title unless all 
     of the iron, steel, and manufactured goods used in the 
     project are produced in the United States.
       (b) Exception.--Subsection (a) shall not apply in any case 
     or category of cases in which the Secretary finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) Public Notice.--If the Secretary determines that it is 
     necessary to waive the application of subsection (a) based on 
     a finding under subsection (b), the Secretary shall publish 
     in the Federal Register a detailed written justification as 
     to why the provision is being waived.
       (d) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.

                       TITLE XI--EXTREME WEATHER

     SEC. 11001. DEFINITION OF RESILIENT CONSTRUCTION TECHNIQUE.

       In this title, the term ``resilient construction 
     technique'' means a construction method that--
       (1) allows a property--
       (A) to resist hazards brought on by a major disaster; and
       (B) to continue to provide the primary functions of the 
     property after a major disaster;
       (2) reduces the magnitude or duration of a disruptive event 
     to a property; and
       (3) has the absorptive capacity, adaptive capacity, and 
     recoverability to withstand a potentially disruptive event.

     SEC. 11002. STUDY ON RISK REDUCTION.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of the Interior and the Secretary of Commerce, 
     shall enter into an arrangement with the National Academy of 
     Sciences to carry out a study and make recommendations 
     relating to infrastructure and coastal restoration options 
     for reducing risk to human life and property from extreme 
     weather events, such as hurricanes, coastal storms, and 
     inland flooding.
       (b) Considerations.--The study under subsection (a) shall 
     include--
       (1) an analysis of strategies and water resources projects, 
     including authorized water resources projects that have not 
     yet been constructed, and other projects implemented in the 
     United States and worldwide to respond to risk associated 
     with extreme weather events;
       (2) an analysis of--
       (A) historical extreme weather events;
       (B) the ability of existing infrastructure to mitigate 
     risks associated with extreme weather events; and
       (C) the reduction in long-term costs and vulnerability to 
     infrastructure through the use of resilient construction 
     techniques.
       (3) identification of proven, science-based approaches and 
     mechanisms for ecosystem protection and identification of 
     natural resources likely to have the greatest need for 
     protection, restoration, and conservation so that the 
     infrastructure and restoration projects can continue 
     safeguarding the communities in, and sustaining the economy 
     of, the United States;
       (4) an estimation of the funding necessary to improve 
     infrastructure in the United States to reduce risk associated 
     with extreme weather events;
       (5) an analysis of the adequacy of current funding sources 
     and the identification of potential new funding sources to 
     finance the necessary infrastructure improvements referred to 
     in paragraph (3); and
       (6) an analysis of the Federal, State, and local costs of 
     natural disasters and the potential cost-savings associated 
     with implementing mitigation measures.
       (c) Coordination.--The National Academy of Sciences may 
     cooperate with the National Academy of Public Administration 
     to carry

[[Page S3493]]

     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. 11003. 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;
       (6) any recommendations on the use of resilient 
     construction techniques to reduce future vulnerability from 
     flood, storm, and drought conditions; and
       (7) any recommendations for improving approaches to 
     rebuilding or restoring infrastructure and natural resources 
     that contribute to risk reduction, such as coastal wetlands, 
     to prepare for flood and drought.

     SEC. 11004. POST-DISASTER WATERSHED ASSESSMENTS.

       (a) Watershed Assessments.--
       (1) In general.--In an area that the President has declared 
     a major disaster in accordance with section 401 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), the Secretary may carry out a watershed 
     assessment to identify, to the maximum extent practicable, 
     specific flood risk reduction, hurricane and storm damage 
     reduction, ecosystem restoration, or navigation project 
     recommendations that will help to rehabilitate and improve 
     the resiliency of damaged infrastructure and natural 
     resources to reduce risks to human life and property from 
     future natural disasters.
       (2) Existing projects.--A watershed assessment carried out 
     paragraph (1) may identify existing projects being carried 
     out under 1 or more of the authorities referred to in 
     subsection (b) (1).
       (3) Duplicate watershed assessments.--In carrying out a 
     watershed assessment under paragraph (1), the Secretary shall 
     use all existing watershed assessments and related 
     information developed by the Secretary or other Federal, 
     State, or local entities.
       (b) Projects.--
       (1) In general.--The Secretary may carry out 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.

     SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND NON-FEDERAL 
                   AMOUNTS.

       The Secretary is authorized to accept and expend amounts 
     provided by non-Federal interests for the purpose of 
     repairing, restoring, or replacing water resources projects 
     that have been damaged or destroyed as a result of a major 
     disaster or other emergency if the Secretary determines that 
     the acceptance and expenditure of those amounts is in the 
     public interest.

              TITLE XII--NATIONAL ENDOWMENT FOR THE OCEANS

     SEC. 12001. SHORT TITLE.

       This title may be cited as the ``National Endowment for the 
     Oceans Act''.

     SEC. 12002. PURPOSES.

       The purposes of this title are to protect, conserve, 
     restore, and understand the oceans, coasts, and Great Lakes 
     of the United States, ensuring present and future generations 
     will benefit from the full range of ecological, economic, 
     educational, social, cultural, nutritional, and recreational 
     opportunities and services these resources are capable of 
     providing.

     SEC. 12003. DEFINITIONS.

       In this title:
       (1) Coastal shoreline county.--The term ``coastal shoreline 
     county'' has the meaning given the term by the Administrator 
     of the Federal Emergency Management Agency for purposes of 
     administering the National Flood Insurance Act of 1968 (42 
     U.S.C. 4001 et seq.).
       (2) Coastal state.--The term ``coastal State'' has the 
     meaning given the term ``coastal state'' in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
       (3) Corpus.--The term ``corpus'', with respect to the 
     Endowment fund, means an amount equal to the Federal payments 
     to such fund, amounts contributed to the fund from non-
     Federal sources, and appreciation from capital gains and 
     reinvestment of income.
       (4) Endowment.--The term ``Endowment'' means the endowment 
     established under subsection (a).
       (5) Endowment fund.--The term ``Endowment fund'' means a 
     fund, or a tax-exempt foundation, established and maintained 
     pursuant to this title by the Foundation for the purposes 
     described in section 12004(a).
       (6) Foundation.--The term ``Foundation'' means the National 
     Fish and Wildlife Foundation established by section 2(a) of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3701(a)).
       (7) Income.--The term ``income'', with respect to the 
     Endowment fund, means an amount equal to the dividends and 
     interest accruing from investments of the corpus of such 
     fund.
       (8) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (10) Tidal shoreline.--The term ``tidal shoreline'' has the 
     meaning given that term pursuant to section 923.110(c)(2)(i) 
     of title 15, Code of Federal Regulations, or a similar 
     successor regulation.

     SEC. 12004. NATIONAL ENDOWMENT FOR THE OCEANS.

       (a) Establishment.--The Secretary and the Foundation are 
     authorized to establish the National Endowment for the Oceans 
     as a permanent Endowment fund, in accordance with this 
     section, to further the purposes of this title and to support 
     the programs established under this title.
       (b) Agreements.--The Secretary and the Foundation may enter 
     into such agreements as may be necessary to carry out the 
     purposes of this title.
       (c) Deposits.--There shall be deposited in the Fund, which 
     shall constitute the assets of the Fund, amounts as follows:
       (1) Amounts appropriated or otherwise made available to 
     carry out this title.
       (2) Amounts earned through investment under subsection (d).
       (d) Investments.--The Foundation shall invest the Endowment 
     fund corpus and income for the benefit of the Endowment.
       (e) Requirements.--Any amounts received by the Foundation 
     pursuant to this title shall be subject to the provisions of 
     the National Fish and Wildlife Establishment Act (16 U.S.C. 
     3701 et seq.), except the provisions of section 10(a) of that 
     Act (16 U.S.C. 3709(a)).
       (f) Withdrawals and Expenditures.--
       (1) Allocation of funds.--Each fiscal year, the Foundation 
     shall, in consultation with the Secretary, allocate an amount 
     equal to not less than 3 percent and not more than 7 percent 
     of the corpus of the Endowment fund and the income generated 
     from the Endowment fund from the current fiscal year.

[[Page S3494]]

       (2) Expenditure.--Except as provided in paragraph (3), of 
     the amounts allocated under paragraph (1) for each fiscal 
     year--
       (A) at least 59 percent shall be used by the Foundation to 
     award grants to coastal States under section 12006(b);
       (B) at least 39 percent shall be allocated by the 
     Foundation to award grants under section 12006(c); and
       (C) no more than 2 percent may be used by the Secretary and 
     the Foundation for administrative expenses to carry out this 
     title, which amount shall be divided between the Secretary 
     and the Foundation pursuant to an agreement reached and 
     documented by both the Secretary and the Foundation.
       (3) Program adjustments.--
       (A) In general.--In any fiscal year in which the amount 
     described in subparagraph (B) is less than $100,000,000, the 
     Foundation, in consultation with the Secretary, may elect not 
     to use any of the amounts allocated under paragraph (1) for 
     that fiscal year to award grants under section 12006(b).
       (B) Determination amount.--The amount described in this 
     subparagraph for a fiscal year is the amount that is equal to 
     the sum of--
       (i) the amount that is 5 percent of the corpus of the 
     Endowment fund; and
       (ii) the aggregate amount of income the Foundation expects 
     to be generated from the Endowment fund in that fiscal year.
       (g) Recovery of Payments.--After notice and an opportunity 
     for a hearing, the Secretary is authorized to recover any 
     Federal payments under this section if the Foundation--
       (1) makes a withdrawal or expenditure of the corpus of the 
     Endowment fund or the income of the Endowment fund that is 
     not consistent with the requirements of section 12005; or
       (2) fails to comply with a procedure, measure, method, or 
     standard established under section 12006(a)(1).

     SEC. 12005. ELIGIBLE USES.

       (a) In General.--Amounts in the Endowment may be allocated 
     by the Foundation to support programs and activities intended 
     to restore, protect, maintain, or understand living marine 
     resources and their habitats and ocean, coastal, and Great 
     Lakes resources, including baseline scientific research, 
     ocean observing, and other programs and activities carried 
     out in coordination with Federal and State departments or 
     agencies, that are consistent with Federal environmental laws 
     and that avoid environmental degradation, including the 
     following:
       (1) Ocean, coastal, and Great Lakes restoration and 
     protection, including the protection of the environmental 
     integrity of such areas, and their related watersheds, 
     including efforts to mitigate potential impacts of sea level 
     change, changes in ocean chemistry, and changes in ocean 
     temperature.
       (2) Restoration, protection, or maintenance of living 
     ocean, coastal, and Great Lakes resources and their habitats, 
     including marine protected areas and riparian migratory 
     habitat of coastal and marine species.
       (3) Planning for and managing coastal development to 
     enhance ecosystem integrity or minimize impacts from sea 
     level change and coastal erosion.
       (4) Analyses of current and anticipated impacts of ocean 
     acidification and assessment of potential actions to minimize 
     harm to ocean, coastal, and Great Lakes ecosystems.
       (5) Analyses of, and planning for, current and anticipated 
     uses of ocean, coastal, and Great Lakes areas.
       (6) Regional, subregional, or site-specific management 
     efforts designed to manage, protect, or restore ocean, 
     coastal, and Great Lakes resources and ecosystems.
       (7) Research, assessment, monitoring, observation, 
     modeling, and sharing of scientific information that 
     contribute to the understanding of ocean, coastal, and Great 
     Lakes ecosystems and support the purposes of this title.
       (8) Efforts to understand better the processes that govern 
     the fate and transport of petroleum hydrocarbons released 
     into the marine environment from natural and anthropogenic 
     sources, including spills.
       (9) Efforts to improve spill response and preparedness 
     technologies.
       (10) Acquiring property or interests in property in coastal 
     and estuarine areas, if such property or interest is acquired 
     in a manner that will ensure such property or interest will 
     be administered to support the purposes of this title.
       (11) Protection and relocation of critical coastal public 
     infrastructure affected by erosion or sea level change.
       (b) Matching Requirement.--An amount from the Endowment may 
     not be allocated to fund a project or activity described in 
     paragraph (10) or (11) of subsection (a) unless non-Federal 
     contributions in an amount equal to 30 percent or more of the 
     cost of such project or activity is made available to carry 
     out such project or activity.
       (c) Considerations for Great Lakes States.--Programs and 
     activities funded in Great Lakes States shall also seek to 
     attain the goals embodied in the Great Lakes Restoration 
     Initiative Plan, the Great Lakes Regional Collaboration 
     Strategy, the Great Lakes Water Quality Agreement, or other 
     collaborative planning efforts of the Great Lakes Region.
       (d) Prohibition on Use of Funds for Litigation.--No funds 
     made available under this title may be used to fund 
     litigation over any matter.

     SEC. 12006. GRANTS.

       (a) Administration of Grants.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Foundation shall establish the 
     following:
       (A) Application and review procedures for the awarding of 
     grants under this section, including requirements ensuring 
     that any amounts awarded under such subsections may only be 
     used for an eligible use described under section 12005.
       (B) Approval procedures for the awarding of grants under 
     this section that require consultation with the Secretary of 
     Commerce and the Secretary of the Interior.
       (C) Eligibility criteria for awarding grants--
       (i) under subsection (b) to coastal States; and
       (ii) under subsection (c) to entities including States, 
     Indian tribes, regional bodies, associations, non-
     governmental organizations, and academic institutions.
       (D) Performance accountability and monitoring measures for 
     programs and activities funded by a grant awarded under 
     subsection (b) or (c).
       (E) Procedures and methods to ensure accurate accounting 
     and appropriate administration grants awarded under this 
     section, including standards of record keeping.
       (F) Procedures to carry out audits of the Endowment as 
     necessary, but not less frequently than once every 5 years.
       (G) Procedures to carry out audits of the recipients of 
     grants under this section.
       (2) Approval procedures.--
       (A) Submittal.--The Foundation shall submit to the 
     Secretary each procedure, measure, method, and standard 
     established under paragraph (1).
       (B) Determination and notice.--Not later than 90 days after 
     receiving the procedures, measures, methods, and standards 
     under subparagraph (A), the Secretary shall--
       (i) determine whether to approve or disapprove of such 
     procedures, measures, methods, and standards; and
       (ii) notify the Foundation of such determination.
       (C) Justification of disapproval.--If the Secretary 
     disapproves of the procedures, measures, methods, and 
     standards under subparagraph (B), the Secretary shall include 
     in notice submitted under clause (ii) of such subparagraph 
     the rationale for such disapproval.
       (D) Resubmittal.--Not later than 30 days after the 
     Foundation receives notification under subparagraph (B)(ii) 
     that the Secretary has disapproved the procedures, measures, 
     methods, and standards, the Foundation shall revise such 
     procedures, measures, methods, and standards and submit such 
     revised procedures, measures, methods, and standards to the 
     Secretary.
       (E) Review of resubmittal.--Not later than 30 days after 
     receiving revised procedures, measures, methods, and 
     standards resubmitted under subparagraph (D), the Secretary 
     shall--
       (i) determine whether to approve or disapprove the revised 
     procedures, measures, methods, and standards; and
       (ii) notify the Foundation of such determination.
       (b) Grants to Coastal States.--
       (1) In general.--Subject to paragraphs (3) and (4), the 
     Foundation shall award grants of amounts allocated under 
     section 12004(e)(2)(A) to eligible coastal States, based on 
     the following formula:
       (A) Fifty percent of the funds are allocated equally among 
     eligible coastal States.
       (B) Twenty-five percent of the funds are allocated on the 
     basis of the ratio of tidal shoreline miles in a coastal 
     State to the tidal shoreline miles of all coastal States.
       (C) Twenty-five percent of the funds are allocated on the 
     basis of the ratio of population density of the coastal 
     shoreline counties of a coastal State to the population 
     density of all coastal shoreline counties.
       (2) Eligible coastal states.--For purposes of paragraph 
     (1), an eligible coastal State includes--
       (A) a coastal State that has a coastal management program 
     approved under the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1451 et seq.); and
       (B) during the period beginning on the date of the 
     enactment of this Act and ending on December 31, 2018, a 
     coastal State that had, during the period beginning January 
     1, 2008, and ending on the date of the enactment of this Act, 
     a coastal management program approved as described in 
     subparagraph (A).
       (3) Maximum allocation to states.--Notwithstanding 
     paragraph (1), not more than 10 percent of the total funds 
     distributed under this subsection may be allocated to any 
     single State. Any amount exceeding this limit shall be 
     redistributed among the remaining States according to the 
     formula established under paragraph (1).
       (4) Maximum allocation to certain geographic areas.--
       (A) In general.--Notwithstanding paragraph (1), each 
     geographic area described in subparagraph (B) may not receive 
     more than 1 percent of the total funds distributed under this 
     subsection. Any amount exceeding this limit shall be 
     redistributed among the remaining States according to the 
     formula established under paragraph (1).
       (B) Geographic areas described.--The geographic areas 
     described in this subparagraph are the following:
       (i) American Samoa.
       (ii) The Commonwealth of the Northern Mariana Islands.
       (iii) Guam.
       (iv) Puerto Rico.

[[Page S3495]]

       (v) The Virgin Islands.
       (5) Requirement to submit plans.--
       (A) In general.--To be eligible to receive a grant under 
     this subsection, a coastal State shall submit to the 
     Secretary, and the Secretary shall review, a 5-year plan, 
     which shall include the following:
       (i) A prioritized list of goals the coastal State intends 
     to achieve during the time period covered by the 5-year plan.
       (ii) Identification and general descriptions of existing 
     State projects or activities that contribute to realization 
     of such goals, including a description of the entities 
     conducting those projects or activities.
       (iii) General descriptions of projects or activities, 
     consistent with the eligible uses described in section 12005, 
     applicable provisions of law relating to the environment, and 
     existing Federal ocean policy, that could contribute to 
     realization of such goals.
       (iv) Criteria to determine eligibility for entities which 
     may receive grants under this subsection.
       (v) A description of the competitive process the coastal 
     State will use in allocating funds received from the 
     Endowment, except in the case of allocating funds under 
     paragraph (7), which shall include--

       (I) a description of the relative roles in the State 
     competitive process of the State coastal zone management 
     program approved under the Coastal Zone Management Act of 
     1972 (16 U.S.C. 1451 et seq.) and any State Sea Grant 
     Program; and
       (II) a demonstration that such competitive process is 
     consistent with the application and review procedures 
     established by the Foundation under subsection (a)(1).

       (B) Updates.--As a condition of receiving a grant under 
     this subsection, a coastal State shall submit to the 
     Secretary, not less frequently than once every 5 years, an 
     update to the plan submitted by the coastal State under 
     subparagraph (A) for the 5-year period immediately following 
     the most recent submittal under this paragraph.
       (6) Opportunity for public comment.--In determining whether 
     to approve a plan or an update to a plan described in 
     subparagraph (A) or (B) of paragraph (5), the Secretary shall 
     provide the opportunity for, and take into consideration, 
     public input and comment on the plan.
       (7) Approval procedure.--
       (A) In general.--Not later than 30 days after the 
     opportunity for public comment on a plan or an update to a 
     plan of a coastal State under paragraph (6), the Secretary 
     shall notify such coastal State that the Secretary--
       (i) approves the plan as submitted; or
       (ii) disapproves the plan as submitted.
       (B) Disapproval.--If the Secretary disapproves a proposed 
     plan or an update of a plan submitted under subparagraph (A) 
     or (B) of paragraph (5), the Secretary shall provide notice 
     of such disapproval to the submitting coastal State in 
     writing, and include in such notice the rationale for the 
     Secretary's decision.
       (C) Resubmittal.--If the Secretary disapproves a plan of a 
     coastal State under subparagraph (A), the coastal State shall 
     resubmit the plan to the Secretary not later than 30 days 
     after receiving the notice of disapproval under subparagraph 
     (B).
       (D) Review of resubmittal.--Not later than 60 days after 
     receiving a plan resubmitted under subparagraph (C), the 
     Secretary shall review the plan.
       (8) Indian tribes.--As a condition on receipt of a grant 
     under this subsection, a State that receives a grant under 
     this subsection shall ensure that Indian tribes in the State 
     are eligible to participate in the competitive process 
     described in the State's plan under paragraph (5)(A)(v).
       (c) National Grants for Oceans, Coasts, and Great Lakes.--
       (1) In general.--The Foundation may use amounts allocated 
     under section 12004(e)(2)(B) to award grants according to the 
     procedures established in subsection (a) to support 
     activities consistent with section 12005.
       (2) Advisory panel.--
       (A) In general.--The Foundation shall establish an advisory 
     panel to conduct reviews of applications for grants under 
     paragraph (1) and the Foundation shall consider the 
     recommendations of the Advisory Panel with respect to such 
     applications.
       (B) Membership.--The advisory panel established under 
     subparagraph (A) shall include persons representing a 
     balanced and diverse range, as determined by the Foundation, 
     of--
       (i) ocean, coastal, and Great Lakes dependent industries;
       (ii) geographic regions;
       (iii) nonprofit conservation organizations with a mission 
     that includes the conservation and protection of living 
     marine resources and their habitats; and
       (iv) academic institutions with strong scientific or 
     technical credentials and experience in marine science or 
     policy.

     SEC. 12007. ANNUAL REPORT.

       (a) Requirement for Annual Report.--Beginning with fiscal 
     year 2014, not later than 60 days after the end of each 
     fiscal year, the Foundation shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report on the operation of the Endowment 
     during the fiscal year.
       (b) Content.--Each annual report submitted under subsection 
     (a) for a fiscal year shall include--
       (1) a statement of the amounts deposited in the Endowment 
     and the balance remaining in the Endowment at the end of the 
     fiscal year; and
       (2) a description of the expenditures made from the 
     Endowment for the fiscal year, including the purpose of the 
     expenditures.

     SEC. 12008. TULSA PORT OF CATOOSA, ROGERS COUNTY, OKLAHOMA 
                   LAND EXCHANGE.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 87 acres of land situated in Rogers County, 
     Oklahoma, contained within United States Tracts 413 and 427, 
     and acquired for the McClellan-Kerr Arkansas Navigation 
     System.
       (2) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 34 acres of land situated in Rogers County, 
     Oklahoma and owned by the Tulsa Port of Catoosa that lie 
     immediately south and east of the Federal land.
       (b) Land Exchange.--Subject to subsection (c), on 
     conveyance by the Tulsa Port of Catoosa to the United States 
     of all right, title, and interest in and to the non-Federal 
     land, the Secretary shall convey to the Tulsa Port of 
     Catoosa, all right, title, and interest of the United States 
     in and to the Federal land.
       (c) Conditions.--
       (1) Deeds.--
       (A) Deed to non-federal land.--The Secretary may only 
     accept conveyance of the non-Federal land by warranty deed, 
     as determined acceptable by the Secretary.
       (B) Deed to federal land.--The Secretary shall convey the 
     Federal land to the Tulsa Port of Catoosa by quitclaim deed 
     and subject to any reservations, terms, and conditions that 
     the Secretary determines necessary to--
       (i) allow the United States to operate and maintain the 
     McClellan-Kerr Arkansas River Navigation System; and
       (ii) protect the interests of the United States.
       (2) Legal descriptions.--The exact acreage and legal 
     descriptions of the Federal land and the non-Federal land 
     shall be determined by surveys acceptable to the Secretary.
       (3) Payment of costs.--The Tulsa Port of Catoosa shall be 
     responsible for all costs associated with the land exchange 
     authorized by this section, including any costs that the 
     Secretary determines necessary and reasonable in the interest 
     of the United States, including surveys, appraisals, real 
     estate transaction fees, administrative costs, and 
     environmental documentation.
       (4) Cash payment.--If the appraised fair market value of 
     the Federal land, as determined by the Secretary, exceeds the 
     appraised fair market value of the non-Federal land, as 
     determined by the Secretary, the Tulsa Port of Catoosa shall 
     make a cash payment to the United States reflecting the 
     difference in the appraised fair market values.
       (5) Liability.--The Tulsa Port of Catoosa shall hold and 
     save the United States free from damages arising from 
     activities carried out under this section, except for damages 
     due to the fault or negligence of the United States or a 
     contractor of the United States.

                       TITLE XIII--MISCELLANEOUS

     SEC. 13001. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 
                   COUNTERMEASURE RULE.

       (a) Definitions.--In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Farm.--The term ``farm'' has the meaning given the term 
     in section 112.2 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (3) Gallon.--The term ``gallon'' means a United States 
     liquid gallon.
       (4) Oil.--The term ``oil'' has the meaning given the term 
     in section 112.2 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (5) Oil discharge.--The term ``oil discharge'' has the 
     meaning given the term ``discharge'' in section 112.2 of 
     title 40, Code of Federal Regulations (or successor 
     regulations).
       (6) Reportable oil discharge history.--The term 
     ``reportable oil discharge history'' has the meaning used to 
     describe the legal requirement to report a discharge of oil 
     under applicable law.
       (7) Spill prevention, control, and countermeasure rule.--
     The term ``Spill Prevention, Control, and Countermeasure 
     rule'' means the regulation, including amendments, 
     promulgated by the Administrator under part 112 of title 40, 
     Code of Federal Regulations (or successor regulations).
       (b) Certification.--In implementing the Spill Prevention, 
     Control, and Countermeasure rule with respect to any farm, 
     the Administrator shall--
       (1) require certification of compliance with the rule by--
       (A) a professional engineer for a farm with--
       (i) an individual tank with an aboveground storage capacity 
     greater than 10,000 gallons;
       (ii) an aggregate aboveground storage capacity greater than 
     or equal to 20,000 gallons; or
       (iii) a reportable oil discharge history; or
       (B) the owner or operator of the farm (via self-
     certification) for a farm with--
       (i) an aggregate aboveground storage capacity not more than 
     20,000 gallons and not less than the lesser of--

[[Page S3496]]

       (I) 6,000 gallons; or
       (II) the adjustment described in subsection (d)(2); and

       (ii) no reportable oil discharge history of oil; and
       (2) not require a certification of a statement of 
     compliance with the rule--
       (A) subject to subsection (d), with an aggregate 
     aboveground storage capacity of not less than 2,500 gallons 
     and not more than 6,000 gallons; and
       (B) no reportable oil discharge history; and
       (3) not require a certification of a statement of 
     compliance with the rule for an aggregate aboveground storage 
     capacity of not more than 2,500 gallons.
       (c) Calculation of Aggregate Aboveground Storage 
     Capacity.--For purposes of subsection (b), the aggregate 
     aboveground storage capacity of a farm excludes--
       (1) all containers on separate parcels that have a capacity 
     that is 1,000 gallons or less; and
       (2) all containers holding animal feed ingredients approved 
     for use in livestock feed by the Commissioner of Food and 
     Drugs.
       (d) Study.--
       (1) In general.--Not later than 12 months of the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary of Agriculture, shall conduct a study to 
     determine the appropriate exemption under subsection 
     (b)(2)(A) and (b)(1)(B) to not more than 6,000 gallons and 
     not less than 2,500 gallons, based on a significant risk of 
     discharge to water.
       (2) Adjustment.--Not later than 18 months after the date on 
     which the study described in paragraph (1) is complete, the 
     Administrator, in consultation with the Secretary of 
     Agriculture, shall promulgate a rule to adjust the exemption 
     levels described in subsection (b)(2)(A) and (b)(1)(B) in 
     accordance with the study.

     SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
                   RECREATIONAL LANDS PASS PROGRAM.

       The Secretary may participate in the America the Beautiful 
     National Parks and Federal Recreational Lands Pass program in 
     the same manner as the National Park Service, the Bureau of 
     Land Management, the United States Fish and Wildlife Service, 
     the Forest Service, and the Bureau of Reclamation, including 
     the provision of free annual passes to active duty military 
     personnel and dependents.
  The PRESIDING OFFICER. The majority leader.

                          ____________________