[Congressional Record Volume 160, Number 74 (Thursday, May 15, 2014)]
[House]
[Pages H4065-H4428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 3080, WATER RESOURCES REFORM AND DEVELOPMENT 
                              ACT OF 2014

  Mr. SHUSTER submitted the following conference report and statement 
on the bill (H.R. 3080) to provide for improvements to the rivers and 
harbors of the United States, to provide for the conservation and 
development of water and related resources, and for other purposes:

                  Conference Report (H. Rept. 113-449)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H. R. 
     3080), to provide for improvements to the rivers and harbors 
     of the United States, to provide for the conservation and 
     development of water and related resources, and for other 
     purposes, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Reform and Development Act of 2014''.
       (b) Table of Contents.--

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

               TITLE I--PROGRAM REFORMS AND STREAMLINING

Sec. 1001. Vertical integration and acceleration of studies.
Sec. 1002. Consolidation of studies.
Sec. 1003. Expedited completion of reports.
Sec. 1004. Removal of duplicative analyses.
Sec. 1005. Project acceleration.
Sec. 1006. Expediting the evaluation and processing of permits.
Sec. 1007. Expediting approval of modifications and alterations of 
              projects by non-Federal interests.
Sec. 1008. Expediting hydropower at Corps of Engineers facilities.
Sec. 1009. Enhanced use of electronic commerce in Federal procurement.
Sec. 1010. Determination of project completion.
Sec. 1011. Prioritization.
Sec. 1012. Transparency in accounting and administrative expenses.
Sec. 1013. Evaluation of project Partnership Agreements.
Sec. 1014. Study and construction of water resources development 
              projects by non-Federal interests.
Sec. 1015. Contributions by non-Federal interests.
Sec. 1016. Operation and maintenance of certain projects.
Sec. 1017. Acceptance of contributed funds to increase lock operations.
Sec. 1018. Credit for in-kind contributions.
Sec. 1019. Clarification of in-kind credit authority.
Sec. 1020. Transfer of excess credit.
Sec. 1021. Crediting authority for federally authorized navigation 
              projects.
Sec. 1022. Credit in lieu of reimbursement.
Sec. 1023. Additional contributions by non-Federal interests.
Sec. 1024. Authority to accept and use materials and services.
Sec. 1025. Water resources projects on Federal land.
Sec. 1026. Clarification of impacts to other Federal facilities.
Sec. 1027. Clarification of munition disposal authorities.
Sec. 1028. Clarification of mitigation authority.
Sec. 1029. Clarification of interagency support authorities.
Sec. 1030. Continuing authority.
Sec. 1031. Tribal partnership program.

[[Page H4066]]

Sec. 1032. Territories of the United States.
Sec. 1033. Corrosion prevention.
Sec. 1034. Advanced modeling technologies.
Sec. 1035. Recreational access.
Sec. 1036. Non-Federal plans to provide additional flood risk 
              reduction.
Sec. 1037. Hurricane and storm damage reduction.
Sec. 1038. Reduction of Federal costs for hurricane and storm damage 
              reduction projects.
Sec. 1039. Invasive species.
Sec. 1040. Fish and wildlife mitigation.
Sec. 1041. Mitigation status report.
Sec. 1042. Reports to Congress.
Sec. 1043. Non-Federal implementation pilot program.
Sec. 1044. Independent peer review.
Sec. 1045. Report on surface elevations at drought affected lakes.
Sec. 1046. Reservoir operations and water supply.
Sec. 1047. Special use permits.
Sec. 1048. America the Beautiful National Parks and Federal 
              Recreational Lands Pass program.
Sec. 1049. Applicability of spill prevention, control, and 
              countermeasure rule.
Sec. 1050. Namings.
Sec. 1051. Interstate water agreements and compacts.
Sec. 1052. Sense of Congress regarding water resources development 
              bills.

                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

Sec. 2001. Definitions.
Sec. 2002. Project delivery process reforms.
Sec. 2003. Efficiency of revenue collection.
Sec. 2004. Inland waterways revenue studies.
Sec. 2005. Inland waterways stakeholder roundtable.
Sec. 2006. Preserving the Inland Waterway Trust Fund.
Sec. 2007. Inland waterways oversight.
Sec. 2008. Assessment of operation and maintenance needs of the 
              Atlantic Intracoastal Waterway and the Gulf Intracoastal 
              Waterway.
Sec. 2009. Inland waterways riverbank stabilization.
Sec. 2010. Upper Mississippi River protection.
Sec. 2011. Corps of Engineers lock and dam energy development.
Sec. 2012. Restricted areas at Corps of Engineers dams.
Sec. 2013. Operation and maintenance of fuel taxed inland waterways.

                Subtitle B--Port and Harbor Maintenance

Sec. 2101. Funding for harbor maintenance programs.
Sec. 2102. Operation and maintenance of harbor projects.
Sec. 2103. Consolidation of deep draft navigation expertise.
Sec. 2104. Remote and subsistence harbors.
Sec. 2105. Arctic deep draft port development partnerships.
Sec. 2106. Additional measures at donor ports and energy transfer 
              ports.
Sec. 2107. Preserving United States harbors.

  TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS

                         Subtitle A--Dam Safety

Sec. 3001. Dam Safety.

                        Subtitle B--Levee Safety

Sec. 3011. Systemwide improvement framework.
Sec. 3012. Management of flood risk reduction projects.
Sec. 3013. Vegetation management policy.
Sec. 3014. Levee certifications.
Sec. 3015. Planning assistance to States.
Sec. 3016. Levee safety.
Sec. 3017. Rehabilitation of existing levees.

 Subtitle C--Additional Safety Improvements and Risk Reduction Measures

Sec. 3021. Use of innovative materials.
Sec. 3022. Durability, sustainability, and resilience.
Sec. 3023. Study on risk reduction.
Sec. 3024. Management of flood, drought, and storm damage.
Sec. 3025. Post-disaster watershed assessments.
Sec. 3026. Hurricane and storm damage reduction study.
Sec. 3027. Emergency communication of risk.
Sec. 3028. Safety assurance review.
Sec. 3029. Emergency response to natural disasters.

                TITLE IV--RIVER BASINS AND COASTAL AREAS

Sec. 4001. River basin commissions.
Sec. 4002. Mississippi River.
Sec. 4003. Missouri River.
Sec. 4004. Arkansas River.
Sec. 4005. Columbia Basin.
Sec. 4006. Rio Grande.
Sec. 4007. Northern Rockies headwaters.
Sec. 4008. Rural Western water.
Sec. 4009. North Atlantic Coastal Region.
Sec. 4010. Chesapeake Bay.
Sec. 4011. Louisiana coastal area.
Sec. 4012. Red River Basin.
Sec. 4013. Technical corrections.
Sec. 4014. Ocean and coastal resiliency.

                TITLE V--WATER INFRASTRUCTURE FINANCING

       Subtitle A--State Water Pollution Control Revolving Funds

Sec. 5001. General authority for capitalization grants.
Sec. 5002. Capitalization grant agreements.
Sec. 5003. Water pollution control revolving loan funds.
Sec. 5004. Requirements.
Sec. 5005. Report on the allotment of funds.
Sec. 5006. Effective date.

                     Subtitle B--General Provisions

Sec. 5011. Watershed pilot projects.
Sec. 5012. Definition of treatment works.
Sec. 5013. Funding for Indian programs.
Sec. 5014. Water infrastructure public-private partnership pilot 
              program.

            Subtitle C--Innovative Financing Pilot Projects

Sec. 5021. Short title.
Sec. 5022. Definitions.
Sec. 5023. Authority to provide assistance.
Sec. 5024. Applications.
Sec. 5025. Eligible entities.
Sec. 5026. Projects eligible for assistance.
Sec. 5027. Activities eligible for assistance.
Sec. 5028. Determination of eligibility and project selection.
Sec. 5029. Secured loans.
Sec. 5030. Program administration.
Sec. 5031. State, tribal, and local permits.
Sec. 5032. Regulations.
Sec. 5033. Funding.
Sec. 5034. Reports on pilot program implementation.
Sec. 5035. Requirements.

            TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

Sec. 6001. Deauthorization of inactive projects.
Sec. 6002. Review of Corps of Engineers assets.
Sec. 6003. Backlog prevention.
Sec. 6004. Deauthorizations.
Sec. 6005. Land conveyances.

               TITLE VII--WATER RESOURCES INFRASTRUCTURE

Sec. 7001. Annual report to Congress.
Sec. 7002. Authorization of final feasibility studies.
Sec. 7003. Authorization of project modifications recommended by the 
              Secretary.
Sec. 7004. Expedited consideration in the House and Senate.

     SEC. 2. DEFINITION OF SECRETARY.

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

               TITLE I--PROGRAM REFORMS AND STREAMLINING

     SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.

       (a) In General.--To the extent practicable, a feasibility 
     study initiated by the Secretary, after the date of enactment 
     of this Act, under section 905(a) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2282(a)) shall--
       (1) result in the completion of a final feasibility report 
     not later than 3 years after the date of initiation;
       (2) have a maximum Federal cost of $3,000,000; and
       (3) ensure that personnel from the district, division, and 
     headquarters levels of the Corps of Engineers concurrently 
     conduct the review required under that section.
       (b) Extension.--If the Secretary determines that a 
     feasibility study described in subsection (a) will not be 
     conducted in accordance with subsection (a), the Secretary, 
     not later than 30 days after the date of making the 
     determination, shall--
       (1) prepare an updated feasibility study schedule and cost 
     estimate;
       (2) notify the non-Federal feasibility cost-sharing partner 
     that the feasibility study has been delayed; and
       (3) provide written notice to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives as to the reasons the requirements of 
     subsection (a) are not attainable.
       (c) Termination of Authorization.--A feasibility study for 
     which the Secretary has issued a determination under 
     subsection (b) is not authorized after the last day of the 1-
     year period beginning on the date of the determination if the 
     Secretary has not completed the study on or before such last 
     day.
       (d) Exception.--
       (1) In general.--Notwithstanding the requirements of 
     subsection (c), the Secretary may extend the timeline of a 
     study by a period not to exceed 3 years, if the Secretary 
     determines that the feasibility study is too complex to 
     comply with the requirements of subsections (a) and (c).
       (2) Factors.--In making a determination that a study is too 
     complex to comply with the requirements of subsections (a) 
     and (c), the Secretary shall consider--
       (A) the type, size, location, scope, and overall cost of 
     the project;
       (B) whether the project will use any innovative design or 
     construction techniques;
       (C) whether the project will require significant action by 
     other Federal, State, or local agencies;
       (D) whether there is significant public dispute as to the 
     nature or effects of the project; and
       (E) whether there is significant public dispute as to the 
     economic or environmental costs or benefits of the project.
       (3) Notification.--Each time the Secretary makes a 
     determination under this subsection, the Secretary shall 
     provide written notice to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives as to the results of that determination, 
     including an identification of the specific 1 or more factors 
     used in making the determination that the project is complex.
       (4) Limitation.--The Secretary shall not extend the 
     timeline for a feasibility study for a period of more than 7 
     years, and any feasibility study that is not completed before 
     that date shall no longer be authorized.
       (e) Reviews.--Not later than 90 days after the date of the 
     initiation of a study described in subsection (a) for a 
     project, the Secretary shall--
       (1) take all steps necessary to initiate the process for 
     completing federally mandated reviews that the Secretary is 
     required to complete as part of the study, including the 
     environmental review process under section 1005;

[[Page H4067]]

       (2) convene a meeting of all Federal, tribal, and State 
     agencies identified under section 2045(e) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2348(e)) that 
     may be required by law to conduct or issue a review, 
     analysis, or opinion on or to make a determination concerning 
     a permit or license for the study; and
       (3) take all steps necessary to provide information that 
     will enable required reviews and analyses related to the 
     project to be conducted by other agencies in a thorough and 
     timely manner.
       (f) Interim Report.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     that describes--
       (1) the status of the implementation of the planning 
     process under this section, including the number of 
     participating projects;
       (2) a review of project delivery schedules, including a 
     description of any delays on those studies participating in 
     the planning process under this section; and
       (3) any recommendations for additional authority necessary 
     to support efforts to expedite the feasibility study process 
     for water resource projects.
       (g) Final Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     that describes--
       (1) the status of the implementation of this section, 
     including a description of each feasibility study subject to 
     the requirements of this section;
       (2) the amount of time taken to complete each feasibility 
     study; and
       (3) any recommendations for additional authority necessary 
     to support efforts to expedite the feasibility study process, 
     including an analysis of whether the limitation established 
     by subsection (a)(2) needs to be adjusted to address the 
     impacts of inflation.

     SEC. 1002. CONSOLIDATION OF STUDIES.

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

     SEC. 1003. EXPEDITED COMPLETION OF REPORTS.

       The Secretary shall--
       (1) expedite the completion of any on-going feasibility 
     study for a project initiated before the date of enactment of 
     this Act; and
       (2) if the Secretary determines that the project is 
     justified in a completed report, proceed directly to 
     preconstruction planning, engineering, and design of the 
     project in accordance with section 910 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2287).

     SEC. 1004. REMOVAL OF DUPLICATIVE ANALYSES.

       Section 911 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2288) is repealed.

     SEC. 1005. PROJECT ACCELERATION.

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

     ``SEC. 2045. PROJECT ACCELERATION.

       ``(a) Definitions.--In this section:
       ``(1) Environmental impact statement.--The term 
     `environmental impact statement' means the detailed statement 
     of environmental impacts of a project required to be prepared 
     pursuant to the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(2) Environmental review process.--
       ``(A) In general.--The term `environmental review process' 
     means the process of preparing an environmental impact 
     statement, environmental assessment, categorical exclusion, 
     or other document under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for a project study.
       ``(B) Inclusions.--The term `environmental review process' 
     includes the process for and completion of any environmental 
     permit, approval, review, or study required for a project 
     study under any Federal law other than the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(3) Federal jurisdictional agency.--The term `Federal 
     jurisdictional agency' means a Federal agency with 
     jurisdiction delegated by law, regulation, order, or 
     otherwise over a review, analysis, opinion, statement, 
     permit, license, or other approval or decision required for a 
     project study under applicable Federal laws (including 
     regulations).
       ``(4) Federal lead agency.--The term `Federal lead agency' 
     means the Corps of Engineers.
       ``(5) Project.--The term `project' means a water resources 
     development project to be carried out by the Secretary.
       ``(6) Project sponsor.--The term `project sponsor' has the 
     meaning given the term `non-Federal interest' in section 
     221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
     5b(b)).
       ``(7) Project study.--The term `project study' means a 
     feasibility study for a project carried out pursuant to 
     section 905 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2282).
       ``(b) Applicability.--
       ``(1) In general.--This section--
       ``(A) shall apply to each project study that is initiated 
     after the date of enactment of the Water Resources Reform and 
     Development Act of 2014 and for which an environmental impact 
     statement is prepared under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       ``(B) may be applied, to the extent determined appropriate 
     by the Secretary, to other project studies initiated after 
     such date of enactment and for which an environmental review 
     process document is prepared under that Act.
       ``(2) Flexibility.--Any authority granted under this 
     section may be exercised, and any requirement established 
     under this section may be satisfied, for the conduct of an 
     environmental review process for a project study, a class of 
     project studies, or a program of project studies.
       ``(3) List of project studies.--
       ``(A) In general.--The Secretary shall annually prepare, 
     and make publicly available, a separate list of each study 
     that the Secretary has determined--
       ``(i) meets the standards described in paragraph (1); and
       ``(ii) does not have adequate funding to make substantial 
     progress toward the completion of the project study.
       ``(B) Inclusions.--The Secretary shall include for each 
     project study on the list under subparagraph (A) a 
     description of the estimated amounts necessary to make 
     substantial progress on the project study.
       ``(c) Project Review Process.--
       ``(1) In general.--The Secretary shall develop and 
     implement a coordinated environmental review process for the 
     development of project studies.
       ``(2) Coordinated review.--The coordinated environmental 
     review process described in paragraph (1) shall require that 
     any review, analysis, opinion, statement, permit, license, or 
     other approval or decision issued or made by a Federal, 
     State, or local governmental agency or an Indian tribe for a 
     project study described in subsection (b) be conducted, to 
     the maximum extent practicable, concurrently with any other 
     applicable governmental agency or Indian tribe.
       ``(3) Timing.--The coordinated environmental review process 
     under this subsection shall be completed not later than the 
     date on which the Secretary, in consultation and concurrence 
     with the agencies identified under subsection (e), 
     establishes with respect to the project study.
       ``(d) Lead Agencies.--
       ``(1) Joint lead agencies.--
       ``(A) In general.--At the discretion of the Secretary and 
     subject to the requirements of the National Environmental 
     Policy Act of 1969 (42

[[Page H4068]]

     U.S.C. 4321 et seq.) and the requirements of section 1506.8 
     of title 40, Code of Federal Regulations (or successor 
     regulations), including the concurrence of the proposed joint 
     lead agency, a project sponsor may serve as the joint lead 
     agency.
       ``(B) Project sponsor as joint lead agency.--A project 
     sponsor that is a State or local governmental entity may--
       ``(i) with the concurrence of the Secretary, serve as a 
     joint lead agency with the Federal lead agency for purposes 
     of preparing any environmental document under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       ``(ii) prepare any environmental review process document 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) required in support of any action or 
     approval by the Secretary if--

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

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

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

       ``(2) Duties.--The Secretary shall ensure that--
       ``(A) the project sponsor complies with all design and 
     mitigation commitments made jointly by the Secretary and the 
     project sponsor in any environmental document prepared by the 
     project sponsor in accordance with this subsection; and
       ``(B) any environmental document prepared by the project 
     sponsor is appropriately supplemented to address any changes 
     to the project the Secretary determines are necessary.
       ``(3) Adoption and use of documents.--Any environmental 
     document prepared in accordance with this subsection shall be 
     adopted and used by any Federal agency making any 
     determination related to the project study to the same extent 
     that the Federal agency could adopt or use a document 
     prepared by another Federal agency under--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(B) parts 1500 through 1508 of title 40, Code of Federal 
     Regulations (or successor regulations).
       ``(4) Roles and responsibility of lead agency.--With 
     respect to the environmental review process for any project 
     study, the Federal lead agency shall have authority and 
     responsibility--
       ``(A) to take such actions as are necessary and proper and 
     within the authority of the Federal lead agency to facilitate 
     the expeditious resolution of the environmental review 
     process for the project study; and
       ``(B) to prepare or ensure that any required environmental 
     impact statement or other environmental review document for a 
     project study required to be completed under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
     completed in accordance with this section and applicable 
     Federal law.
       ``(e) Participating and Cooperating Agencies.--
       ``(1) Identification of jurisdictional agencies.--With 
     respect to carrying out the environmental review process for 
     a project study, the Secretary shall identify, as early as 
     practicable in the environmental review process, all Federal, 
     State, and local government agencies and Indian tribes that 
     may--
       ``(A) have jurisdiction over the project;
       ``(B) be required by law to conduct or issue a review, 
     analysis, opinion, or statement for the project study; or
       ``(C) be required to make a determination on issuing a 
     permit, license, or other approval or decision for the 
     project study.
       ``(2) State authority.--If the environmental review process 
     is being implemented by the Secretary for a project study 
     within the boundaries of a State, the State, consistent with 
     State law, may choose to participate in the process and to 
     make subject to the process all State agencies that--
       ``(A) have jurisdiction over the project;
       ``(B) are required to conduct or issue a review, analysis, 
     opinion, or statement for the project study; or
       ``(C) are required to make a determination on issuing a 
     permit, license, or other approval or decision for the 
     project study.
       ``(3) Invitation.--
       ``(A) In general.--The Federal lead agency shall invite, as 
     early as practicable in the environmental review process, any 
     agency identified under paragraph (1) to become a 
     participating or cooperating agency, as applicable, in the 
     environmental review process for the project study.
       ``(B) Deadline.--An invitation to participate issued under 
     subparagraph (A) shall set a deadline by which a response to 
     the invitation shall be submitted, which may be extended by 
     the Federal lead agency for good cause.
       ``(4) Procedures.--Section 1501.6 of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the Water Resources Reform and Development Act of 2014) shall 
     govern the identification and the participation of a 
     cooperating agency.
       ``(5) Federal cooperating agencies.--Any Federal agency 
     that is invited by the Federal lead agency to participate in 
     the environmental review process for a project study shall be 
     designated as a cooperating agency by the Federal lead agency 
     unless the invited agency informs the Federal lead agency, in 
     writing, by the deadline specified in the invitation that the 
     invited agency--
       ``(A)(i)(I) has no jurisdiction or authority with respect 
     to the project;
       ``(II) has no expertise or information relevant to the 
     project; or
       ``(III) does not have adequate funds to participate in the 
     project; and
       ``(ii) does not intend to submit comments on the project; 
     or
       ``(B) does not intend to submit comments on the project.
       ``(6) Administration.--A participating or cooperating 
     agency shall comply with this section and any schedule 
     established under this section.
       ``(7) Effect of designation.--Designation as a 
     participating or cooperating agency under this subsection 
     shall not imply that the participating or cooperating 
     agency--
       ``(A) supports a proposed project; or
       ``(B) has any jurisdiction over, or special expertise with 
     respect to evaluation of, the project.
       ``(8) Concurrent reviews.--Each participating or 
     cooperating agency shall--
       ``(A) carry out the obligations of that agency under other 
     applicable law concurrently and in conjunction with the 
     required environmental review process, unless doing so would 
     prevent the participating or cooperating agency from 
     conducting needed analysis or otherwise carrying out those 
     obligations; and
       ``(B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       ``(f) Programmatic Compliance.--
       ``(1) In general.--The Secretary shall issue guidance 
     regarding the use of programmatic approaches to carry out the 
     environmental review process that--
       ``(A) eliminates repetitive discussions of the same issues;
       ``(B) focuses on the actual issues ripe for analyses at 
     each level of review;
       ``(C) establishes a formal process for coordinating with 
     participating and cooperating agencies, including the 
     creation of a list of all data that is needed to carry out an 
     environmental review process; and
       ``(D) complies with--
       ``(i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(ii) all other applicable laws.
       ``(2) Requirements.--In carrying out paragraph (1), the 
     Secretary shall--
       ``(A) as the first step in drafting guidance under that 
     paragraph, consult with relevant Federal, State, and local 
     governmental agencies, Indian tribes, and the public on the 
     appropriate use and scope of the programmatic approaches;
       ``(B) emphasize the importance of collaboration among 
     relevant Federal, State, and local governmental agencies, and 
     Indian tribes in undertaking programmatic reviews, especially 
     with respect to including reviews with a broad geographical 
     scope;
       ``(C) ensure that the programmatic reviews--
       ``(i) promote transparency, including of the analyses and 
     data used in the environmental review process, the treatment 
     of any deferred issues raised by Federal, State, and local 
     governmental agencies, Indian tribes, or the public, and the 
     temporal and special scales to be used to analyze those 
     issues;
       ``(ii) use accurate and timely information in the 
     environmental review process, including--

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

       ``(iii) describe--

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

       ``(iv) are available to other relevant Federal, State, and 
     local governmental agencies, Indian tribes, and the public;
       ``(D) allow not fewer than 60 days of public notice and 
     comment on any proposed guidance; and
       ``(E) address any comments received under subparagraph (D).
       ``(g) Coordinated Reviews.--
       ``(1) Coordination plan.--
       ``(A) Establishment.--
       ``(i) In general.--The Federal lead agency shall, after 
     consultation with and with the concurrence of each 
     participating and cooperating agency and the project sponsor 
     or joint lead agency, as applicable, establish a plan for 
     coordinating public and agency participation in, and comment 
     on, the environmental review process for a project study or a 
     category of project studies.
       ``(ii) Incorporation.--The plan established under clause 
     (i) shall be incorporated into the project schedule 
     milestones set under section 905(g)(2) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2282(g)(2)).
       ``(B) Schedule.--
       ``(i) In general.--As soon as practicable but not later 
     than 45 days after the close of the public comment period on 
     a draft environmental impact statement, the Federal lead 
     agency, after consultation with and the concurrence of each 
     participating and cooperating agency and the project sponsor 
     or joint lead agency, as applicable, shall establish, as part 
     of the coordination plan established in subparagraph (A), a 
     schedule for completion of the environmental review process 
     for the project study.
       ``(ii) Factors for consideration.--In establishing a 
     schedule, the Secretary shall consider factors such as--

       ``(I) the responsibilities of participating and cooperating 
     agencies under applicable laws;
       ``(II) the resources available to the project sponsor, 
     joint lead agency, and other relevant Federal and State 
     agencies, as applicable;
       ``(III) the overall size and complexity of the project;
       ``(IV) the overall schedule for and cost of the project; 
     and

[[Page H4069]]

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

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

       ``(I) lengthen a schedule established under clause (i) for 
     good cause; and
       ``(II) shorten a schedule only with concurrence of the 
     affected participating and cooperating agencies and the 
     project sponsor or joint lead agency, as applicable.

       ``(iv) Dissemination.--A copy of a schedule established 
     under clause (i) shall be--

       ``(I) provided to each participating and cooperating agency 
     and the project sponsor or joint lead agency, as applicable; 
     and
       ``(II) made available to the public.

       ``(2) Comment deadlines.--The Federal lead agency shall 
     establish the following deadlines for comment during the 
     environmental review process for a project study:
       ``(A) Draft environmental impact statements.--For comments 
     by Federal and States agencies and the public on a draft 
     environmental impact statement, a period of not more than 60 
     days after publication in the Federal Register of notice of 
     the date of public availability of the draft environmental 
     impact statement, unless--
       ``(i) a different deadline is established by agreement of 
     the Federal lead agency, the project sponsor or joint lead 
     agency, as applicable, and all participating and cooperating 
     agencies; or
       ``(ii) the deadline is extended by the Federal lead agency 
     for good cause.
       ``(B) Other environmental review processes.--For all other 
     comment periods established by the Federal lead agency for 
     agency or public comments in the environmental review 
     process, a period of not more than 30 days after the date on 
     which the materials on which comment is requested are made 
     available, unless--
       ``(i) a different deadline is established by agreement of 
     the Federal lead agency, the project sponsor, or joint lead 
     agency, as applicable, and all participating and cooperating 
     agencies; or
       ``(ii) the deadline is extended by the Federal lead agency 
     for good cause.
       ``(3) Deadlines for decisions under other laws.--In any 
     case in which a decision under any Federal law relating to a 
     project study, including the issuance or denial of a permit 
     or license, is required to be made by the date described in 
     subsection (h)(5)(B)(ii), the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives--
       ``(A) as soon as practicable after the 180-day period 
     described in subsection (h)(5)(B)(ii), an initial notice of 
     the failure of the Federal agency to make the decision; and
       ``(B) every 60 days thereafter until such date as all 
     decisions of the Federal agency relating to the project study 
     have been made by the Federal agency, an additional notice 
     that describes the number of decisions of the Federal agency 
     that remain outstanding as of the date of the additional 
     notice.
       ``(4) Involvement of the public.--Nothing in this 
     subsection reduces any time period provided for public 
     comment in the environmental review process under applicable 
     Federal law (including regulations).
       ``(5) Transparency reporting.--
       ``(A) Reporting requirements.--Not later than 1 year after 
     the date of enactment of the Water Resources Reform and 
     Development Act of 2014, the Secretary shall establish and 
     maintain an electronic database and, in coordination with 
     other Federal and State agencies, issue reporting 
     requirements to make publicly available the status and 
     progress with respect to compliance with applicable 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et. seq.) and any other Federal, State, or 
     local approval or action required for a project study for 
     which this section is applicable.
       ``(B) Project study transparency.--Consistent with the 
     requirements established under subparagraph (A), the 
     Secretary shall publish the status and progress of any 
     Federal, State, or local decision, action, or approval 
     required under applicable laws for each project study for 
     which this section is applicable.
       ``(h) Issue Identification and Resolution.--
       ``(1) Cooperation.--The Federal lead agency, the 
     cooperating agencies, and any participating agencies shall 
     work cooperatively in accordance with this section to 
     identify and resolve issues that could delay completion of 
     the environmental review process or result in the denial of 
     any approval required for the project study under applicable 
     laws.
       ``(2) Federal lead agency responsibilities.--
       ``(A) In general.--The Federal lead agency shall make 
     information available to the cooperating agencies and 
     participating agencies as early as practicable in the 
     environmental review process regarding the environmental and 
     socioeconomic resources located within the project area and 
     the general locations of the alternatives under 
     consideration.
       ``(B) Data sources.--The information under subparagraph (A) 
     may be based on existing data sources, including geographic 
     information systems mapping.
       ``(3) Cooperating and participating agency 
     responsibilities.--Based on information received from the 
     Federal lead agency, cooperating and participating agencies 
     shall identify, as early as practicable, any issues of 
     concern regarding the potential environmental or 
     socioeconomic impacts of the project, including any issues 
     that could substantially delay or prevent an agency from 
     granting a permit or other approval that is needed for the 
     project study.
       ``(4) Accelerated issue resolution and elevation.--
       ``(A) In general.--On the request of a participating or 
     cooperating agency or project sponsor, the Secretary shall 
     convene an issue resolution meeting with the relevant 
     participating and cooperating agencies and the project 
     sponsor or joint lead agency, as applicable, to resolve 
     issues that may--
       ``(i) delay completion of the environmental review process; 
     or
       ``(ii) result in denial of any approval required for the 
     project study under applicable laws.
       ``(B) Meeting date.--A meeting requested under this 
     paragraph shall be held not later than 21 days after the date 
     on which the Secretary receives the request for the meeting, 
     unless the Secretary determines that there is good cause to 
     extend that deadline.
       ``(C) Notification.--On receipt of a request for a meeting 
     under this paragraph, the Secretary shall notify all relevant 
     participating and cooperating agencies of the request, 
     including the issue to be resolved and the date for the 
     meeting.
       ``(D) Elevation of issue resolution.--If a resolution 
     cannot be achieved within the 30 day-period beginning on the 
     date of a meeting under this paragraph and a determination is 
     made by the Secretary that all information necessary to 
     resolve the issue has been obtained, the Secretary shall 
     forward the dispute to the heads of the relevant agencies for 
     resolution.
       ``(E) Convention by secretary.--The Secretary may convene 
     an issue resolution meeting under this paragraph at any time, 
     at the discretion of the Secretary, regardless of whether a 
     meeting is requested under subparagraph (A).
       ``(5) Financial penalty provisions.--
       ``(A) In general.--A Federal jurisdictional agency shall 
     complete any required approval or decision for the 
     environmental review process on an expeditious basis using 
     the shortest existing applicable process.
       ``(B) Failure to decide.--
       ``(i) In general.--If a Federal jurisdictional agency fails 
     to render a decision required under any Federal law relating 
     to a project study that requires the preparation of an 
     environmental impact statement or environmental assessment, 
     including the issuance or denial of a permit, license, 
     statement, opinion, or other approval by the date described 
     in clause (ii), the amount of funds made available to support 
     the office of the head of the Federal jurisdictional agency 
     shall be reduced by an amount of funding equal to the amounts 
     specified in subclause (I) or (II) and those funds shall be 
     made available to the division of the Federal jurisdictional 
     agency charged with rendering the decision by not later than 
     1 day after the applicable date under clause (ii), and once 
     each week thereafter until a final decision is rendered, 
     subject to subparagraph (C)--

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

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

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

       ``(C) Limitations.--
       ``(i) In general.--No transfer of funds under subparagraph 
     (B) relating to an individual project study shall exceed, in 
     any fiscal year, an amount equal to 1 percent of the funds 
     made available for the applicable agency office.
       ``(ii) Failure to decide.--The total amount transferred in 
     a fiscal year as a result of a failure by an agency to make a 
     decision by an applicable deadline shall not exceed an amount 
     equal to 5 percent of the funds made available for the 
     applicable agency office for that fiscal year.
       ``(iii) Aggregate.--Notwithstanding any other provision of 
     law, for each fiscal year, the aggregate amount of financial 
     penalties assessed against each applicable agency office 
     under the Water Resources Reform and Development Act of 2014 
     and any other Federal law as a result of a failure of the 
     agency to make a decision by an applicable deadline for 
     environmental review, including the total amount transferred 
     under this paragraph, shall not exceed an amount equal to 9.5 
     percent of the funds made available for the agency office for 
     that fiscal year.
       ``(D) No fault of agency.--
       ``(i) In general.--A transfer of funds under this paragraph 
     shall not be made if the applicable agency described in 
     subparagraph (A) notifies, with a supporting explanation, the 
     Federal lead agency, cooperating agencies, and project 
     sponsor, as applicable, that--

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

[[Page H4070]]

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

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

       ``(E) Limitation.--The Federal agency from which funds are 
     transferred pursuant to this paragraph shall not reprogram 
     funds to the office of the head of the agency, or equivalent 
     office, to reimburse that office for the loss of the funds.
       ``(F) Effect of paragraph.--Nothing in this paragraph 
     affects or limits the application of, or obligation to comply 
     with, any Federal, State, local, or tribal law.
       ``(i) Memorandum of Agreements for Early Coordination.--
       ``(1) Sense of congress.--It is the sense of Congress 
     that--
       ``(A) the Secretary and other Federal agencies with 
     relevant jurisdiction in the environmental review process 
     should cooperate with each other, State agencies, and Indian 
     tribes on environmental review and project delivery 
     activities at the earliest practicable time to avoid delays 
     and duplication of effort later in the process, prevent 
     potential conflicts, and ensure that planning and project 
     development decisions reflect environmental values; and
       ``(B) the cooperation referred to in subparagraph (A) 
     should include the development of policies and the 
     designation of staff that advise planning agencies and 
     project sponsors of studies or other information foreseeably 
     required for later Federal action and early consultation with 
     appropriate State and local agencies and Indian tribes.
       ``(2) Technical assistance.--If requested at any time by a 
     State or project sponsor, the Secretary and other Federal 
     agencies with relevant jurisdiction in the environmental 
     review process, shall, to the maximum extent practicable and 
     appropriate, as determined by the agencies, provide technical 
     assistance to the State or project sponsor in carrying out 
     early coordination activities.
       ``(3) Memorandum of agency agreement.--If requested at any 
     time by a State or project sponsor, the Federal lead agency, 
     in consultation with other Federal agencies with relevant 
     jurisdiction in the environmental review process, may 
     establish memoranda of agreement with the project sponsor, 
     Indian tribe, State and local governments, and other 
     appropriate entities to carry out the early coordination 
     activities, including providing technical assistance in 
     identifying potential impacts and mitigation issues in an 
     integrated fashion.
       ``(j) Limitations.--Nothing in this section preempts or 
     interferes with--
       ``(1) any obligation to comply with the provisions of any 
     Federal law, including--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(B) any other Federal environmental law;
       ``(2) the reviewability of any final Federal agency action 
     in a court of the United States or in the court of any State;
       ``(3) any requirement for seeking, considering, or 
     responding to public comment; or
       ``(4) any power, jurisdiction, responsibility, duty, or 
     authority that a Federal, State, or local governmental 
     agency, Indian tribe, or project sponsor has with respect to 
     carrying out a project or any other provision of law 
     applicable to projects.
       ``(k) Timing of Claims.--
       ``(1) Timing.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a claim arising under Federal law seeking judicial 
     review of a permit, license, or other approval issued by a 
     Federal agency for a project study shall be barred unless the 
     claim is filed not later than 3 years after publication of a 
     notice in the Federal Register announcing that the permit, 
     license, or other approval is final pursuant to the law under 
     which the agency action is taken, unless a shorter time is 
     specified in the Federal law that allows judicial review.
       ``(B) Applicability.--Nothing in this subsection creates a 
     right to judicial review or places any limit on filing a 
     claim that a person has violated the terms of a permit, 
     license, or other approval.
       ``(2) New information.--
       ``(A) In general.--The Secretary shall consider new 
     information received after the close of a comment period if 
     the information satisfies the requirements for a supplemental 
     environmental impact statement under title 40, Code of 
     Federal Regulations (including successor regulations).
       ``(B) Separate action.--The preparation of a supplemental 
     environmental impact statement or other environmental 
     document, if required under this section, shall be considered 
     a separate final agency action and the deadline for filing a 
     claim for judicial review of the action shall be 3 years 
     after the date of publication of a notice in the Federal 
     Register announcing the action relating to such supplemental 
     environmental impact statement or other environmental 
     document.
       ``(l) Categorical Exclusions.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Water Resources Reform and Development 
     Act of 2014, the Secretary shall--
       ``(A) survey the use by the Corps of Engineers of 
     categorical exclusions in projects since 2005;
       ``(B) publish a review of the survey that includes a 
     description of--
       ``(i) the types of actions that were categorically excluded 
     or could be the basis for developing a new categorical 
     exclusion; and
       ``(ii) any requests previously received by the Secretary 
     for new categorical exclusions; and
       ``(C) solicit requests from other Federal agencies and 
     project sponsors for new categorical exclusions.
       ``(2) New categorical exclusions.--Not later than 1 year 
     after the date of enactment of the Water Resources Reform and 
     Development Act of 2014, if the Secretary has identified a 
     category of activities that merit establishing a categorical 
     exclusion that did not exist on the day before the date of 
     enactment of the Water Resources Reform and Development Act 
     of 2014 based on the review under paragraph (1), the 
     Secretary shall publish a notice of proposed rulemaking to 
     propose that new categorical exclusion, to the extent that 
     the categorical exclusion meets the criteria for a 
     categorical exclusion under section 1508.4 of title 40, Code 
     of Federal Regulations (or successor regulation).
       ``(m) Review of Project Acceleration Reforms.--
       ``(1) In general.--The Comptroller General of the United 
     States shall--
       ``(A) assess the reforms carried out under this section; 
     and
       ``(B) not later than 5 years and not later than 10 years 
     after the date of enactment of the Water Resources Reform and 
     Development Act of 2014, submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that describes the results of the 
     assessment.
       ``(2) Contents.--The reports under paragraph (1) shall 
     include an evaluation of impacts of the reforms carried out 
     under this section on--
       ``(A) project delivery;
       ``(B) compliance with environmental laws; and
       ``(C) the environmental impact of projects.
       ``(n) Performance Measurement.--The Secretary shall 
     establish a program to measure and report on progress made 
     toward improving and expediting the planning and 
     environmental review process.
       ``(o) Implementation Guidance.--The Secretary shall 
     prepare, in consultation with the Council on Environmental 
     Quality and other Federal agencies with jurisdiction over 
     actions or resources that may be impacted by a project, 
     guidance documents that describe the coordinated 
     environmental review processes that the Secretary intends to 
     use to implement this section for the planning of projects, 
     in accordance with the civil works program of the Corps of 
     Engineers and all applicable law.''.
       (2) Clerical amendment.--The table of contents contained in 
     section 1(b) of the Water Resources Development Act of 2007 
     (121 Stat. 1042) is amended by striking the item relating to 
     section 2045 and inserting the following:

``Sec. 2045. Project acceleration.''.

       (b) Categorical Exclusions in Emergencies.--For the repair, 
     reconstruction, or rehabilitation of a water resources 
     project that is in operation or under construction when 
     damaged by an event or incident that results in a declaration 
     by the President of a major disaster or emergency pursuant to 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall 
     treat such repair, reconstruction, or rehabilitation activity 
     as a class of action categorically excluded from the 
     requirements relating to environmental assessments or 
     environmental impact statements under section 1508.4 of title 
     40, Code of Federal Regulations (or successor regulations), 
     if the repair or reconstruction activity is--
       (1) in the same location with the same capacity, 
     dimensions, and design as the original water resources 
     project as before the declaration described in this section; 
     and
       (2) commenced within a 2-year period beginning on the date 
     of a declaration described in this subsection.

     SEC. 1006. EXPEDITING THE EVALUATION AND PROCESSING OF 
                   PERMITS.

       Section 214 of the Water Resources Development Act of 2000 
     (Public Law 106-541; 33 U.S.C. 2201 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) In General.--The Secretary'' and 
     inserting the following:
       ``(a) Funding to Process Permits.--
       ``(1) Definitions.--In this subsection:
       ``(A) Natural gas company.--The term `natural gas company' 
     has the meaning given the term in section 1262 of the Public 
     Utility Holding Company Act of 2005 (42 U.S.C. 16451), except 
     that the term also includes a person engaged in the 
     transportation of natural gas in intrastate commerce.
       ``(B) Public-utility company.--The term `public-utility 
     company' has the meaning given the term in section 1262 of 
     the Public Utility Holding Company Act of 2005 (42 U.S.C. 
     16451).
       ``(2) Permit processing.--The Secretary'';
       (B) in paragraph (2) (as so designated)--
       (i) by inserting ``or a public-utility company or natural 
     gas company'' after ``non-Federal public entity''; and
       (ii) by inserting ``or company'' after ``that entity''; and
       (C) by adding at the end the following:
       ``(3) Limitation for public-utility and natural gas 
     companies.--The authority provided under paragraph (2) to a 
     public-utility company or natural gas company shall expire on 
     the date that is 7 years after the date of enactment of this 
     paragraph.
       ``(4) Effect on other entities.--To the maximum extent 
     practicable, the Secretary shall ensure that expediting the 
     evaluation of a permit through the use of funds accepted and 
     expended under this section does not adversely affect the 
     timeline for evaluation (in the Corps district in which the 
     project or activity is located) of permits under the 
     jurisdiction of the Department of the Army of other entities 
     that have not contributed funds under this section.

[[Page H4071]]

       ``(5) GAO study.--Not later than 4 years after the date of 
     enactment of this paragraph, the Comptroller General of the 
     United States shall carry out a study of the implementation 
     by the Secretary of the authority provided under paragraph 
     (2) to public-utility companies and natural gas companies.''; 
     and
       (2) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Public Availability.--
       ``(1) In general.--The Secretary shall ensure that all 
     final permit decisions carried out using funds authorized 
     under this section are made available to the public in a 
     common format, including on the Internet, and in a manner 
     that distinguishes final permit decisions under this section 
     from other final actions of the Secretary.
       ``(2) Decision document.--The Secretary shall--
       ``(A) use a standard decision document for evaluating all 
     permits using funds accepted under this section; and
       ``(B) make the standard decision document, along with all 
     final permit decisions, available to the public, including on 
     the Internet.
       ``(3) Agreements.--The Secretary shall make all active 
     agreements to accept funds under this section available on a 
     single public Internet site.
       ``(e) Reporting.--
       ``(1) In general.--The Secretary shall prepare an annual 
     report on the implementation of this section, which, at a 
     minimum, shall include for each district of the Corps of 
     Engineers that accepts funds under this section--
       ``(A) a comprehensive list of any funds accepted under this 
     section during the previous fiscal year;
       ``(B) a comprehensive list of the permits reviewed and 
     approved using funds accepted under this section during the 
     previous fiscal year, including a description of the size and 
     type of resources impacted and the mitigation required for 
     each permit; and
       ``(C) a description of the training offered in the previous 
     fiscal year for employees that is funded in whole or in part 
     with funds accepted under this section.
       ``(2) Submission.--Not later than 90 days after the end of 
     each fiscal year, the Secretary shall--
       ``(A) submit to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives the annual 
     report described in paragraph (1); and
       ``(B) make each report received under subparagraph (A) 
     available on a single publicly accessible Internet site.''.

     SEC. 1007. EXPEDITING APPROVAL OF MODIFICATIONS AND 
                   ALTERATIONS OF PROJECTS BY NON-FEDERAL 
                   INTERESTS.

       (a) Section 14 Application Defined.--In this section, the 
     term ``section 14 application'' means an application 
     submitted by an applicant to the Secretary requesting 
     permission for the temporary occupation or use of a public 
     work, or the alteration or permanent occupation or use of a 
     public work, under section 14 of the Act of March 3, 1899 
     (commonly known as the ``Rivers and Harbors Appropriation Act 
     of 1899'') (33 U.S.C. 408).
       (b) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, after providing notice 
     and an opportunity for comment, shall establish a process for 
     the review of section 14 applications in a timely and 
     consistent manner.
       (c) Benchmark Goals.--
       (1) Establishment of benchmark goals.--In carrying out 
     subsection (b), the Secretary shall--
       (A) establish benchmark goals for determining the amount of 
     time it should take the Secretary to determine whether a 
     section 14 application is complete;
       (B) establish benchmark goals for determining the amount of 
     time it should take the Secretary to approve or disapprove a 
     section 14 application; and
       (C) to the extent practicable, use such benchmark goals to 
     make a decision on section 14 applications in a timely and 
     consistent manner.
       (2) Benchmark goals.--
       (A) Benchmark goals for determining whether section 14 
     applications are complete.--To the extent practicable, the 
     benchmark goals established under paragraph (1) shall provide 
     that--
       (i) the Secretary reach a decision on whether a section 14 
     application is complete not later than 15 days after the date 
     of receipt of the application; and
       (ii) if the Secretary determines that a section 14 
     application is not complete, the Secretary promptly notify 
     the applicant of the specific information that is missing or 
     the analysis that is needed to complete the application.
       (B) Benchmark goals for reviewing completed applications.--
     To the extent practicable, the benchmark goals established 
     under paragraph (1) shall provide that--
       (i) the Secretary generally approve or disapprove a 
     completed section 14 application not later than 45 days after 
     the date of receipt of the completed application; and
       (ii) in a case in which the Secretary determines that 
     additional time is needed to review a completed section 14 
     application due to the type, size, cost, complexity, or 
     impacts of the actions proposed in the application, the 
     Secretary generally approve or disapprove the application not 
     later than 180 days after the date of receipt of the 
     completed application.
       (3) Notice.--In any case in which the Secretary determines 
     that it will take the Secretary more than 45 days to review a 
     completed section 14 application, the Secretary shall--
       (A) provide written notification to the applicant; and
       (B) include in the written notice a best estimate of the 
     Secretary as to the amount of time required for completion of 
     the review.
       (d) Failure To Achieve Benchmark Goals.--In any case in 
     which the Secretary fails make a decision on a section 14 
     application in accordance with the process established under 
     this section, the Secretary shall provide written notice to 
     the applicant, including a detailed description of--
       (1) why the Secretary failed to make a decision in 
     accordance with such process;
       (2) the additional actions required before the Secretary 
     will issue a decision; and
       (3) the amount of time the Secretary will require to issue 
     a decision.
       (e) Notification.--
       (1) Submission to congress.--The Secretary shall provide a 
     copy of any written notice provided under subsection (d) to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (2) Public availability.--The Secretary shall maintain a 
     publicly available database, including on the Internet, on--
       (A) all section 14 applications received by the Secretary; 
     and
       (B) the current status of such applications.

     SEC. 1008. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS 
                   FACILITIES.

       (a) Policy.--Congress declares that it is the policy of the 
     United States that--
       (1) the development of non-Federal hydroelectric power at 
     Corps of Engineers civil works projects, including locks and 
     dams, shall be given priority;
       (2) Corps of Engineers approval of non-Federal 
     hydroelectric power at Corps of Engineers civil works 
     projects, including permitting required under section 14 of 
     the Act of March 3, 1899 (33 U.S.C. 408), shall be completed 
     by the Corps of Engineers in a timely and consistent manner; 
     and
       (3) approval of hydropower at Corps of Engineers civil 
     works projects shall in no way diminish the other priorities 
     and missions of the Corps of Engineers, including authorized 
     project purposes and habitat and environmental protection.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and make publicly available a report that, at 
     a minimum, shall include--
       (1) a description of initiatives carried out by the 
     Secretary to encourage the development of hydroelectric power 
     by non-Federal entities at Corps of Engineers civil works 
     projects;
       (2) a list of all new hydroelectric power activities by 
     non-Federal entities approved at Corps of Engineers civil 
     works projects in that fiscal year, including the length of 
     time the Secretary needed to approve those activities;
       (3) a description of the status of each pending application 
     from non-Federal entities for approval to develop 
     hydroelectric power at Corps of Engineers civil works 
     projects;
       (4) a description of any benefits or impacts to the 
     environment, recreation, or other uses associated with Corps 
     of Engineers civil works projects at which non-Federal 
     entities have developed hydroelectric power in the previous 
     fiscal year; and
       (5) the total annual amount of payments or other services 
     provided to the Corps of Engineers, the Treasury, and any 
     other Federal agency as a result of approved non-Federal 
     hydropower projects at Corps of Engineers civil works 
     projects.

     SEC. 1009. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL 
                   PROCUREMENT.

       (a) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     describing the actions of the Secretary in carrying out 
     section 2301 of title 41, United States Code, regarding the 
     use of electronic commerce in Federal procurement.
       (b) Contents.--The report submitted under subsection (a) 
     shall include, with respect to the 2 fiscal years most 
     recently ended before the fiscal year in which the report is 
     submitted--
       (1) an identification of the number, type, and dollar value 
     of procurement solicitations with respect to which the public 
     was permitted to respond to the solicitation electronically, 
     which shall differentiate between solicitations that allowed 
     full or partial electronic submission;
       (2) an analysis of the information provided under paragraph 
     (1) and actions that could be taken by the Secretary to 
     refine and improve the use of electronic submission for 
     procurement solicitation responses;
       (3) an analysis of the potential benefits of and obstacles 
     to full implementation of electronic submission for 
     procurement solicitation responses, including with respect to 
     cost savings, error reduction, paperwork reduction, increased 
     bidder participation, and competition, and expanded use of 
     electronic bid data collection for cost-effective contract 
     management and timely reporting; and
       (4) an analysis of the options and technologies available 
     to facilitate expanded implementation of electronic 
     submission for procurement solicitation responses and the 
     suitability of each option and technology for contracts of 
     various types and sizes.

     SEC. 1010. DETERMINATION OF PROJECT COMPLETION.

       (a) In General.--The Secretary shall notify the applicable 
     non-Federal interest when construction of a water resources 
     project or a functional portion of the project is completed 
     so the non-Federal interest may commence responsibilities, as 
     applicable, for operating and maintaining the project.
       (b) Non-Federal Interest Appeal of Determination.--
       (1) In general.--Not later than 7 days after receiving a 
     notification under subsection (a),

[[Page H4072]]

     the non-Federal interest may appeal the completion 
     determination of the Secretary in writing with a detailed 
     explanation of the basis for questioning the completeness of 
     the project or functional portion of the project.
       (2) Independent review.--
       (A) In general.--On notification that a non-Federal 
     interest has submitted an appeal under paragraph (1), the 
     Secretary shall contract with 1 or more independent, non-
     Federal experts to evaluate whether the applicable water 
     resources project or functional portion of the project is 
     complete.
       (B) Timeline.--An independent review carried out under 
     subparagraph (A) shall be completed not later than 180 days 
     after the date on which the Secretary receives an appeal from 
     a non-Federal interest under paragraph (1).

     SEC. 1011. PRIORITIZATION.

       (a) Prioritization of Hurricane and Storm Damage Risk 
     Reduction Efforts.--
       (1) Priority.--For authorized projects and ongoing 
     feasibility studies with a primary purpose of hurricane and 
     storm damage risk reduction, the Secretary shall give funding 
     priority to projects and ongoing studies that--
       (A) address an imminent threat to life and property;
       (B) prevent storm surge from inundating populated areas;
       (C) prevent the loss of coastal wetlands that help reduce 
     the impact of storm surge;
       (D) protect emergency hurricane evacuation routes or 
     shelters;
       (E) prevent adverse impacts to publicly owned or funded 
     infrastructure and assets;
       (F) minimize disaster relief costs to the Federal 
     Government; and
       (G) address hurricane and storm damage risk reduction in an 
     area for which the President declared a major disaster in 
     accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170).
       (2) Expedited consideration of currently authorized 
     projects.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--
       (A) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a list of 
     all--
       (i) ongoing hurricane and storm damage reduction 
     feasibility studies that have signed feasibility cost-share 
     agreements and have received Federal funds since 2009; and
       (ii) authorized hurricane and storm damage reduction 
     projects that--

       (I) have been authorized for more than 20 years but are 
     less than 75 percent complete; or
       (II) are undergoing a post-authorization change report, 
     general reevaluation report, or limited reevaluation report;

       (B) identify those projects on the list required under 
     subparagraph (A) that meet the criteria described in 
     paragraph (1); and
       (C) provide a plan for expeditiously completing the 
     projects identified under subparagraph (B), subject to 
     available funding.
       (b) Prioritization of Ecosystem Restoration Efforts.--For 
     authorized projects with a primary purpose of ecosystem 
     restoration, the Secretary shall give funding priority to 
     projects--
       (1) that--
       (A) address an identified threat to public health, safety, 
     or welfare;
       (B) preserve or restore ecosystems of national 
     significance; or
       (C) preserve or restore habitats of importance for 
     federally protected species, including migratory birds; and
       (2) for which the restoration activities will contribute to 
     other ongoing or planned Federal, State, or local restoration 
     initiatives.

     SEC. 1012. TRANSPARENCY IN ACCOUNTING AND ADMINISTRATIVE 
                   EXPENSES.

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

     SEC. 1013. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS.

       (a) In General.--The Secretary shall contract with the 
     National Academy of Public Administration to carry out a 
     comprehensive review of the process for preparing, 
     negotiating, and approving Project Partnership Agreements and 
     the Project Partnership Agreement template, which shall 
     include--
       (1) an evaluation of the process for preparing, 
     negotiating, and approving Project Partnership Agreements, as 
     in effect on the day before the date of enactment of this 
     Act, including suggested modifications to the process 
     provided by non-Federal interests; and
       (2) recommendations based on the evaluation under paragraph 
     (1) to improve the Project Partnership Agreement template and 
     the process for preparing, negotiating, and approving Project 
     Partnership Agreements.
       (b) Submission to Congress.--
       (1) In general.--The Secretary shall submit the findings of 
     the National Academy of Public Administration to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (2) Report.--Not later than 180 days after the date on 
     which the findings are received under paragraph (1), the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a detailed response, including any 
     recommendations the Secretary plans to implement, on the 
     process for preparing, negotiating, and approving Project 
     Partnership Agreements and the Project Partnership Agreement 
     template.

     SEC. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES 
                   DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS.

       (a) Studies.--Section 203 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2231) is amended to read 
     as follows:

     ``SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY 
                   NON-FEDERAL INTERESTS.

       ``(a) Submission to Secretary.--
       ``(1) In general.--A non-Federal interest may undertake a 
     feasibility study of a proposed water resources development 
     project and submit the study to the Secretary.
       ``(2) Guidelines.--To assist non-Federal interests, the 
     Secretary, as soon as practicable, shall issue guidelines for 
     feasibility studies of water resources development projects 
     to provide sufficient information for the formulation of the 
     studies.
       ``(b) Review by Secretary.--The Secretary shall review each 
     feasibility study received under subsection (a)(1) for the 
     purpose of determining whether or not the study, and the 
     process under which the study was developed, each comply with 
     Federal laws and regulations applicable to feasibility 
     studies of water resources development projects.
       ``(c) Submission to Congress.--Not later than 180 days 
     after the date of receipt of a feasibility study of a project 
     under subsection (a)(1), the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that describes--
       ``(1) the results of the Secretary's review of the study 
     under subsection (b), including a determination of whether 
     the project is feasible;
       ``(2) any recommendations the Secretary may have concerning 
     the plan or design of the project; and
       ``(3) any conditions the Secretary may require for 
     construction of the project.
       ``(d) Credit.--If a project for which a feasibility study 
     has been submitted under subsection (a)(1) is authorized by a 
     Federal law enacted after the date of the submission to 
     Congress under subsection (c), the Secretary shall credit 
     toward the non-Federal share of the cost of construction of 
     the project an amount equal to the portion of the cost of 
     developing the study that would have been the responsibility 
     of the United States if the study had been developed by the 
     Secretary.''.
       (b) Construction.--
       (1) In general.--Section 204 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2232) is amended to read 
     as follows:

     ``SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
                   PROJECTS BY NON-FEDERAL INTERESTS.

       ``(a) Water Resources Development Project Defined.--In this 
     section, the term `water resources development project' means 
     a project recommendation that results from--
       ``(1) a feasibility report, as such term is defined in 
     section 7001(f) of the Water Resources Reform and Development 
     Act of 2014;
       ``(2) a completed feasibility study developed under section 
     203; or
       ``(3) a final feasibility study for water resources 
     development and conservation and other purposes that is 
     specifically authorized by Congress to be carried out by the 
     Secretary.
       ``(b) Authority.--
       ``(1) In general.--A non-Federal interest may carry out a 
     water resources development project, or separable element 
     thereof--
       ``(A) in accordance with a plan approved by the Secretary 
     for the project or separable element; and
       ``(B) subject to any conditions that the Secretary may 
     require, including any conditions specified under section 
     203(c)(3).
       ``(2) Conditions.--Before carrying out a water resources 
     development project, or separable element thereof, under this 
     section, a non-Federal interest shall--
       ``(A) obtain any permit or approval required in connection 
     with the project or separable element under Federal or State 
     law; and
       ``(B) ensure that a final environmental impact statement or 
     environmental assessment, as appropriate, for the project or 
     separable element has been filed.
       ``(c) Studies and Engineering.--When requested by an 
     appropriate non-Federal interest, the Secretary may undertake 
     all necessary studies and engineering for any construction to 
     be undertaken under subsection (b), and provide technical 
     assistance in obtaining all necessary permits for the 
     construction, if the non-Federal interest contracts with the 
     Secretary to furnish the United States funds for the studies, 
     engineering, or technical assistance in the period during 
     which the studies and engineering are being conducted.
       ``(d) Credit or Reimbursement.--
       ``(1) General rule.--Subject to paragraph (3), a project or 
     separable element of a project carried out by a non-Federal 
     interest under this section shall be eligible for credit or 
     reimbursement for the Federal share of work carried out on a 
     project or separable element of a project if--
       ``(A) before initiation of construction of the project or 
     separable element--
       ``(i) the Secretary approves the plans for construction of 
     the project or separable element of the project by the non-
     Federal interest;

[[Page H4073]]

       ``(ii) the Secretary determines, before approval of the 
     plans, that the project or separable element of the project 
     is feasible; and
       ``(iii) the non-Federal interest enters into a written 
     agreement with the Secretary under section 221 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b), including an 
     agreement to pay the non-Federal share, if any, of the cost 
     of operation and maintenance of the project; and
       ``(B) the Secretary determines that all Federal laws and 
     regulations applicable to the construction of a water 
     resources development project, and any conditions identified 
     under subsection (b)(1)(B), were complied with by the non-
     Federal interest during construction of the project or 
     separable element of the project.
       ``(2) Application of credit.--The Secretary may apply 
     credit toward--
       ``(A) the non-Federal share of authorized separable 
     elements of the same project; or
       ``(B) subject to the requirements of this section and 
     section 1020 of the Water Resources Reform and Development 
     Act of 2014, at the request of the non-Federal interest, the 
     non-Federal share of a different water resources development 
     project.
       ``(3) Requirements.--The Secretary may only apply credit or 
     provide reimbursement under paragraph (1) if--
       ``(A) Congress has authorized construction of the project 
     or separable element of the project; and
       ``(B) the Secretary certifies that the project has been 
     constructed in accordance with--
       ``(i) all applicable permits or approvals; and
       ``(ii) this section.
       ``(4) Monitoring.--The Secretary shall regularly monitor 
     and audit any water resources development project, or 
     separable element of a water resources development project, 
     constructed by a non-Federal interest under this section to 
     ensure that--
       ``(A) the construction is carried out in compliance with 
     the requirements of this section; and
       ``(B) the costs of the construction are reasonable.
       ``(e) Notification of Committees.--If a non-Federal 
     interest notifies the Secretary that the non-Federal interest 
     intends to carry out a project, or separable element thereof, 
     under this section, the Secretary shall provide written 
     notice to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives concerning the 
     intent of the non-Federal interest.
       ``(f) Operation and Maintenance.--Whenever a non-Federal 
     interest carries out improvements to a federally authorized 
     harbor or inland harbor, the Secretary shall be responsible 
     for operation and maintenance in accordance with section 
     101(b) if--
       ``(1) before construction of the improvements--
       ``(A) the Secretary determines that the improvements are 
     feasible and consistent with the purposes of this title; and
       ``(B) the Secretary and the non-Federal interest execute a 
     written agreement relating to operation and maintenance of 
     the improvements;
       ``(2) the Secretary certifies that the project or separable 
     element of the project is constructed in accordance with 
     applicable permits and appropriate engineering and design 
     standards; and
       ``(3) the Secretary does not find that the project or 
     separable element is no longer feasible.''.
       (c) Repeals.--The following provisions are repealed:
       (1) Section 404 of the Water Resources Development Act of 
     1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item 
     relating to that section in the table of contents contained 
     in section 1(b) of that Act.
       (2) Section 206 of the Water Resources Development Act of 
     1992 (33 U.S.C. 426i-1) and the item relating to that section 
     in the table of contents contained in section 1(b) of that 
     Act.
       (3) Section 211 of the Water Resources Development Act of 
     1996 (33 U.S.C. 701b-13) and the item relating to that 
     section in the table of contents contained in section 1(b) of 
     that Act.
       (d) Savings Provision.--Nothing in this section may be 
     construed to affect an agreement in effect on the date of 
     enactment of this Act, or an agreement that is finalized 
     between the Corps of Engineers and a non-Federal interest on 
     or before December 31, 2014, under any of the following 
     sections (as such sections were in effect on the day before 
     such date of enactment):
       (1) Section 204 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2232).
       (2) Section 206 of the Water Resources Development Act of 
     1992 (33 U.S.C. 426i-1).
       (3) Section 211 of the Water Resources Development Act of 
     1996 (33 U.S.C. 701b-13).

     SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.

       (a) In General.--Section 5 of the Act of June 22, 1936 (33 
     U.S.C. 701h), is amended--
       (1) by inserting ``and other non-Federal interests'' after 
     ``States and political subdivisions thereof'' each place it 
     appears;
       (2) by inserting ``, including a project for navigation on 
     the inland waterways,'' after ``study or project'';
       (3) by striking ``Provided, That when'' and inserting 
     ``Provided, That the Secretary is authorized to receive and 
     expend funds from a State or a political subdivision thereof, 
     and other non-Federal interests or private entities, to 
     operate a hurricane barrier project to support recreational 
     activities at or in the vicinity of the project, at no cost 
     to the Federal Government, if the Secretary determines that 
     operation for such purpose is not inconsistent with the 
     operation and maintenance of the project for the authorized 
     purposes of the project: Provided further, That when''; and
       (4) by striking the period at the end and inserting the 
     following: ``: Provided further, That the term `non-Federal 
     interest' has the meaning given that term in section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).''.
       (b) Notification for Contributed Funds.--Prior to accepting 
     funds contributed under section 5 of the Act of June 22, 1936 
     (33 U.S.C. 701h), the Secretary shall provide written notice 
     of the funds to the Committee on Environment and Public Works 
     and the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives.
       (c) Technical Amendment.--Section 111(b) of the Energy and 
     Water Development and Related Agencies Appropriations Act, 
     2012 (125 Stat. 858) is repealed.

     SEC. 1016. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.

       The Secretary may assume responsibility for operation and 
     maintenance in accordance with section 101(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2211(b)) (as 
     amended by section 2102(b)) for improvements to a federally 
     authorized harbor or inland harbor that are carried out by a 
     non-Federal interest prior to December 31, 2014, if the 
     Secretary determines that the requirements under paragraphs 
     (2) and (3) of section 204(f) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2232(f)) are met.

     SEC. 1017. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK 
                   OPERATIONS.

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

     SEC. 1018. CREDIT FOR IN-KIND CONTRIBUTIONS.

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

       ``(I) In general.--In any case in which the non-Federal 
     interest is to receive credit under subparagraph (A) for the 
     cost of construction carried out by the non-Federal interest 
     before execution of a partnership agreement and that 
     construction has not been carried out as of November 8, 2007, 
     the Secretary and the non-Federal interest shall enter into 
     an agreement under which the non-Federal interest shall carry 
     out such work and shall do so prior to the non-Federal 
     interest initiating construction or issuing a written notice 
     to proceed for the construction.
       ``(II) Eligibility.--Construction that is carried out after 
     the execution of an agreement to carry out work described in 
     subclause (I) and any design activities that are required for 
     that construction, even if the design activity is carried out 
     prior to the execution of the agreement to carry out work, 
     shall be eligible for credit.

       ``(ii) Planning.--

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

       (3) in subparagraph (D)(iii) by striking ``sections 101 and 
     103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
       (4) by redesignating subparagraph (E) as subparagraph (H);

[[Page H4074]]

       (5) by inserting after subparagraph (D) the following:
       ``(E) Analysis of costs and benefits.--In the evaluation of 
     the costs and benefits of a project, the Secretary shall not 
     consider construction carried out by a non-Federal interest 
     under this subsection as part of the future without project 
     condition.
       ``(F) Transfer of credit between separable elements of a 
     project.--Credit for in-kind contributions provided by a non-
     Federal interest that are in excess of the non-Federal cost 
     share for an authorized separable element of a project may be 
     applied toward the non-Federal cost share for a different 
     authorized separable element of the same project.
       ``(G) Application of credit.--
       ``(i) In general.--To the extent that credit for in-kind 
     contributions, as limited by subparagraph (D), and credit for 
     required land, easements, rights-of-way, dredged material 
     disposal areas, and relocations provided by the non-Federal 
     interest exceed the non-Federal share of the cost of 
     construction of a project other than a navigation project, 
     the Secretary, subject to the availability of funds, shall 
     enter into a reimbursement agreement with the non-Federal 
     interest, which shall be in addition to a partnership 
     agreement under subparagraph (A), to reimburse the difference 
     to the non-Federal interest.
       ``(ii) Priority.--If appropriated funds are insufficient to 
     cover the full cost of all requested reimbursement agreements 
     under clause (i), the Secretary shall enter into 
     reimbursement agreements in the order in which requests for 
     such agreements are received.''; and
       (6) in subparagraph (H) (as redesignated by paragraph 
     (4))--
       (A) in clause (i) by inserting ``, and to water resources 
     projects authorized prior to the date of enactment of the 
     Water Resources Development Act of 1986 (Public Law 99-662), 
     if correction of design deficiencies is necessary'' before 
     the period at the end; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Authorization as addition to other authorizations.--
     The authority of the Secretary to provide credit for in-kind 
     contributions pursuant to this paragraph shall be in addition 
     to any other authorization to provide credit for in-kind 
     contributions and shall not be construed as a limitation on 
     such other authorization. The Secretary shall apply the 
     provisions of this paragraph, in lieu of provisions under 
     other crediting authority, only if so requested by the non-
     Federal interest.''.
       (b) Applicability.--Section 2003(e) of the Water Resources 
     Development Act of 2007 (42 U.S.C. 1962d-5b note) is 
     amended--
       (1) by inserting ``, or construction of design deficiency 
     corrections on the project,'' after ``construction on the 
     project''; and
       (2) by inserting ``, or under which construction of the 
     project has not been completed and the work to be performed 
     by the non-Federal interests has not been carried out and is 
     creditable only toward any remaining non-Federal cost 
     share,'' after ``has not been initiated''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) take effect on November 8, 2007.
       (d) Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall update any 
     guidance or regulations for carrying out section 221(a)(4) of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as 
     amended by subsection (a)) that are in existence on the date 
     of enactment of this Act or issue new guidelines, as 
     determined to be appropriate by the Secretary.
       (2) Inclusions.--Any guidance, regulations, or guidelines 
     updated or issued under paragraph (1) shall include, at a 
     minimum--
       (A) the milestone for executing an in-kind memorandum of 
     understanding for construction by a non-Federal interest;
       (B) criteria and procedures for evaluating a request to 
     execute an in-kind memorandum of understanding for 
     construction by a non-Federal interest that is earlier than 
     the milestone under subparagraph (A) for that execution; and
       (C) criteria and procedures for determining whether work 
     carried out by a non-Federal interest is integral to a 
     project.
       (3) Public and stakeholder participation.--Before issuing 
     any new or revised guidance, regulations, or guidelines or 
     any subsequent updates to those documents, the Secretary 
     shall--
       (A) consult with affected non-Federal interests;
       (B) publish the proposed guidelines developed under this 
     subsection in the Federal Register; and
       (C) provide the public with an opportunity to comment on 
     the proposed guidelines.
       (e) Other Credit.--Nothing in section 221(a)(4) of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as 
     amended by subsection (a)) affects any eligibility for credit 
     under section 104 of the Water Resources Development of 1986 
     (33 U.S.C. 2214) that was approved by the Secretary prior to 
     the date of enactment of this Act.

     SEC. 1019. CLARIFICATION OF IN-KIND CREDIT AUTHORITY.

       (a) Non-Federal Cost Share.--Section 7007 of the Water 
     Resources Development Act of 2007 (121 Stat. 1277) is 
     amended--
       (1) in subsection (a), by inserting ``, on, or after'' 
     after ``before'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Treatment of Credit Between Projects.--The value of 
     any land, easements, rights-of-way, relocations, and dredged 
     material disposal areas and the costs of planning, design, 
     and construction work provided by the non-Federal interest 
     that exceed the non-Federal cost share for a study or project 
     under this title may be applied toward the non-Federal cost 
     share for any other study or project carried out under this 
     title.''; and
       (3) by adding at the end the following:
       ``(g) Definition of Study or Project.--In this section, the 
     term `study or project' includes any eligible activity that 
     is--
       ``(1) carried out pursuant to the coastal Louisiana 
     ecosystem science and technology program authorized under 
     section 7006(a); and
       ``(2) in accordance with the restoration plan.''.
       (b) Implementation.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary, in coordination with 
     any relevant agencies of the State of Louisiana, shall 
     establish a process by which to carry out the amendment made 
     by subsection (a)(2).
       (c) Effective Date.--The amendments made by subsection (a) 
     take effect on November 8, 2007.

     SEC. 1020. TRANSFER OF EXCESS CREDIT.

       (a) In General.--Subject to subsection (b), the Secretary 
     may apply credit for in-kind contributions provided by a non-
     Federal interest that are in excess of the required non-
     Federal cost share for a water resources development study or 
     project toward the required non-Federal cost share for a 
     different water resources development study or project.
       (b) Restrictions.--
       (1) In general.--Except for subsection (a)(4)(D)(i) of that 
     section, the requirements of section 221 of the Flood Control 
     Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 
     1018(a)) shall apply to any credit under this section.
       (2) Conditions.--Credit in excess of the non-Federal share 
     for a study or project may be approved under this section 
     only if--
       (A) the non-Federal interest submits a comprehensive plan 
     to the Secretary that identifies--
       (i) the studies and projects for which the non-Federal 
     interest intends to provide in-kind contributions for credit 
     that are in excess of the non-Federal cost share for the 
     study or project; and
       (ii) the authorized studies and projects to which that 
     excess credit would be applied;
       (B) the Secretary approves the comprehensive plan; and
       (C) the total amount of credit does not exceed the total 
     non-Federal share for the studies and projects in the 
     approved comprehensive plan.
       (c) Additional Criteria.--In evaluating a request to apply 
     credit in excess of the non-Federal share for a study or 
     project toward a different study or project, the Secretary 
     shall consider whether applying that credit will--
       (1) help to expedite the completion of a project or group 
     of projects;
       (2) reduce costs to the Federal Government; and
       (3) aid the completion of a project that provides 
     significant flood risk reduction or environmental benefits.
       (d) Termination of Authority.--The authority provided in 
     this section shall terminate 10 years after the date of 
     enactment of this Act.
       (e) Report.--
       (1) Deadlines.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, and once every 2 years thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and make publicly available an interim report 
     on the use of the authority under this section.
       (B) Final report.--Not later than 10 years after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a final 
     report on the use of the authority under this section.
       (2) Inclusions.--The reports described in paragraph (1) 
     shall include--
       (A) a description of the use of the authority under this 
     section during the reporting period;
       (B) an assessment of the impact of the authority under this 
     section on the time required to complete projects; and
       (C) an assessment of the impact of the authority under this 
     section on other water resources projects.

     SEC. 1021. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED 
                   NAVIGATION PROJECTS.

       A non-Federal interest may carry out operation and 
     maintenance activities for an authorized navigation project, 
     subject to the condition that the non-Federal interest 
     complies with all Federal laws and regulations applicable to 
     such operation and maintenance activities, and may receive 
     credit for the costs incurred by the non-Federal interest in 
     carrying out such activities towards the share of 
     construction costs of that non-Federal interest for another 
     element of the same project or another authorized navigation 
     project, except that in no instance may such credit exceed 20 
     percent of the total costs associated with construction of 
     the general navigation features of the project for which such 
     credit may be applied pursuant to this section.

     SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT.

       (a) Requests for Credits.--With respect to an authorized 
     flood damage reduction project, or separable element thereof, 
     that has been constructed by a non-Federal interest under 
     section 211 of the Water Resources Development Act of 1996 
     (33 U.S.C. 701b-13) before the date of enactment of this Act, 
     the Secretary may provide to the non-Federal interest, at the 
     request of the non-Federal interest, a credit in an amount 
     equal to the estimated Federal share of the cost of the 
     project or separable element, in lieu of providing to the 
     non-Federal interest a reimbursement in that amount.

[[Page H4075]]

       (b) Application of Credits.--At the request of the non-
     Federal interest, the Secretary may apply such credit to the 
     share of the cost of the non-Federal interest of carrying out 
     other flood damage reduction projects or studies.

     SEC. 1023. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL INTERESTS.

       Section 902 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2280) is amended--
       (1) by striking ``In order to insure'' and inserting ``(a) 
     In General.--In order to insure''; and
       (2) by adding at the end the following:
       ``(b) Contributions by Non-Federal Interests.--
     Notwithstanding subsection (a), in accordance with section 5 
     of the Act of June 22, 1936 (33 U.S.C. 701h), the Secretary 
     may accept funds from a non-Federal interest for any 
     authorized water resources development project that has 
     exceeded its maximum cost under subsection (a), and use such 
     funds to carry out such project, if the use of such funds 
     does not increase the Federal share of the cost of such 
     project.''.

     SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND 
                   SERVICES.

       (a) In General.--Subject to subsection (b), the Secretary 
     is authorized to accept and use materials and services 
     contributed by a non-Federal public entity, a nonprofit 
     entity, or a private entity for the purpose of repairing, 
     restoring, or replacing a water resources development project 
     that has been damaged or destroyed as a result of an 
     emergency if the Secretary determines that the acceptance and 
     use of such materials and services is in the public interest.
       (b) Limitation.--Any entity that contributes materials or 
     services under subsection (a) shall not be eligible for 
     credit or reimbursement for the value of such materials or 
     services.
       (c) Report.--Not later than 60 days after initiating an 
     activity under this section, the Secretary shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that includes--
       (1) a description of the activities undertaken, including 
     the costs associated with the activities; and
       (2) a comprehensive description of how the activities are 
     necessary for maintaining a safe and reliable water resources 
     project.

     SEC. 1025. WATER RESOURCES PROJECTS ON FEDERAL LAND.

       (a) In General.--Subject to subsection (b), the Secretary 
     may carry out an authorized water resources development 
     project on Federal land that is under the administrative 
     jurisdiction of another Federal agency where the cost of the 
     acquisition of such Federal land has been paid for by the 
     non-Federal interest for the project.
       (b) MOU Required.--The Secretary may carry out a project 
     pursuant to subsection (a) only after the non-Federal 
     interest has entered into a memorandum of understanding with 
     the Federal agency that includes such terms and conditions as 
     the Secretary determines to be necessary.
       (c) Applicability.--Nothing in this section alters any non-
     Federal cost-sharing requirements for the project.

     SEC. 1026. CLARIFICATION OF IMPACTS TO OTHER FEDERAL 
                   FACILITIES.

       In any case where the modification or construction of a 
     water resources development project carried out by the 
     Secretary adversely impacts other Federal facilities, the 
     Secretary may accept from other Federal agencies such funds 
     as may be necessary to address the adverse impact, including 
     by removing, relocating, or reconstructing those facilities.

     SEC. 1027. CLARIFICATION OF MUNITION DISPOSAL AUTHORITIES.

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

     SEC. 1028. CLARIFICATION OF MITIGATION AUTHORITY.

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

     SEC. 1029. CLARIFICATION OF INTERAGENCY SUPPORT AUTHORITIES.

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

     SEC. 1030. CONTINUING AUTHORITY.

       (a) Continuing Authority Programs.--
       (1) Definition of continuing authority program project.--In 
     this subsection, the term ``continuing authority program'' 
     means 1 of the following authorities:
       (A) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s).
       (B) Section 111 of the River and Harbor Act of 1968 (33 
     U.S.C. 426i).
       (C) Section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330).
       (D) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (E) Section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577).
       (F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 
     426g).
       (G) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r).
       (H) Section 103 of the River and Harbor Act of 1962 (Public 
     Law 87-874; 76 Stat. 1178).
       (I) Section 204(e) of the Water Resources Development Act 
     of 1992 (33 U.S.C. 2326(e)).
       (J) Section 208 of the Flood Control Act of 1958 (33 U.S.C. 
     701b-8a).
       (K) Section 104(a) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(a)).
       (2) Prioritization.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall publish in the 
     Federal Register and on a publicly available website, the 
     criteria the Secretary uses for prioritizing annual funding 
     for continuing authority program projects.
       (3) Annual report.--Not later than 1 year after the date of 
     enactment of this Act and each year thereafter, the Secretary 
     shall publish in the Federal Register and on a publicly 
     available website, a report on the status of each continuing 
     authority program, which, at a minimum, shall include--
       (A) the name and a short description of each active 
     continuing authority program project;
       (B) the cost estimate to complete each active project; and
       (C) the funding available in that fiscal year for each 
     continuing authority program.
       (4) Congressional notification.--On publication in the 
     Federal Register under paragraphs (2) and (3), the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a copy of all 
     information published under those paragraphs.
       (b) Small River and Harbor Improvement Projects.--Section 
     107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is 
     amended--
       (1) in subsection (a), by striking ``$35,000,000'' and 
     inserting ``$50,000,000''; and
       (2) in subsection (b), by striking ``$7,000,000'' and 
     inserting ``$10,000,000''.
       (c) Shore Damage Prevention or Mitigation.--Section 111(c) 
     of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is 
     amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.
       (d) Regional Sediment Management.--
       (1) In general.--Section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326) is amended--
       (A) in subsection (c)(1)(C), by striking ``$5,000,000'' and 
     inserting ``$10,000,000''; and
       (B) in subsection (g), by striking ``$30,000,000'' and 
     inserting ``$50,000,000''.
       (2) Applicability.--Section 2037 of the Water Resources 
     Development Act of 2007 (121 Stat. 1094) is amended by adding 
     at the end the following:
       ``(c) Applicability.--The amendment made by subsection (a) 
     shall not apply to any project authorized under this Act if a 
     report of the Chief of Engineers for the project was 
     completed prior to the date of enactment of this Act.''.
       (e) Small Flood Control Projects.--Section 205 of the Flood 
     Control Act of 1948 (33 U.S.C. 701s) is amended in the third 
     sentence by striking ``$7,000,000'' and inserting 
     ``$10,000,000''.
       (f) Project Modifications for Improvement of Environment.--
     Section 1135(d) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a(d)) is amended--
       (1) in the second sentence, by striking ``Not more than 80 
     percent of the non-Federal share may be'' and inserting ``The 
     non-Federal share may be provided''; and
       (2) in the third sentence, by striking ``$5,000,000'' and 
     inserting ``$10,000,000''.
       (g) Aquatic Ecosystem Restoration.--Section 206(d) of the 
     Water Resources Development Act of 1996 (33 U.S.C. 2330(d)) 
     is amended by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.
       (h) Floodplain Management Services.--Section 206(d) of the 
     Flood Control Act of 1960 (33 U.S.C. 709a(d)) is amended by 
     striking ``$15,000,000'' and inserting ``$50,000,000''.
       (i) Emergency Streambank and Shoreline Protection.--Section 
     14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is 
     amended--

[[Page H4076]]

       (1) by striking ``$15,000,000'' and inserting 
     ``$20,000,000''; and
       (2) by striking ``$1,500,000'' and inserting 
     ``$5,000,000''.

     SEC. 1031. TRIBAL PARTNERSHIP PROGRAM.

       (a) In General.--Section 203 of the Water Resources 
     Development Act of 2000 (33 U.S.C. 2269) is amended--
       (1) in subsection (d)(1)(B)--
       (A) by striking ``The ability'' and inserting the 
     following:
       ``(i) In general.--The ability''; and
       (B) by adding at the end the following:
       ``(ii) Determination.--Not later than 180 days after the 
     date of enactment of this clause, the Secretary shall issue 
     guidance on the procedures described in clause (i).''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Restrictions.--The Secretary is authorized to carry 
     out activities under this section for fiscal years 2015 
     through 2024.''.
       (b) Cooperative Agreements With Indian Tribes.--The 
     Secretary may enter into a cooperative agreement with an 
     Indian tribe (or a designated representative of an Indian 
     tribe) to carry out authorized activities of the Corps of 
     Engineers to protect fish, wildlife, water quality, and 
     cultural resources.

     SEC. 1032. TERRITORIES OF THE UNITED STATES.

       Section 1156 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2310) is amended--
       (1) by striking ``The Secretary shall waive'' and inserting 
     ``(a) In General.--The Secretary shall waive'';
       (2) in subsection (a) (as so designated), by inserting 
     ``Puerto Rico,'' before ``and the Trust Territory of the 
     Pacific Islands''; and
       (3) by adding at the end the following:
       ``(b) Inflation Adjustment.--The Secretary shall adjust the 
     dollar amount specified in subsection (a) for inflation for 
     the period beginning on November 17, 1986, and ending on the 
     date of enactment of this subsection.''.

     SEC. 1033. CORROSION PREVENTION.

       (a) In General.--To the greatest extent practicable, the 
     Secretary shall encourage and incorporate corrosion 
     prevention activities at water resources development 
     projects.
       (b) Activities.--In carrying out subsection (a), the 
     Secretary, to the greatest extent practicable, shall ensure 
     that contractors performing work for water resources 
     development projects--
       (1) use best practices to carry out corrosion prevention 
     activities in the field;
       (2) use industry-recognized standards and corrosion 
     mitigation and prevention methods when--
       (A) determining protective coatings;
       (B) selecting materials; and
       (C) determining methods of cathodic protection, design, and 
     engineering for corrosion prevention;
       (3) use certified coating application specialists and 
     cathodic protection technicians and engineers;
       (4) use best practices in environmental protection to 
     prevent environmental degradation and to ensure careful 
     handling of all hazardous materials;
       (5) demonstrate a history of employing industry-certified 
     inspectors to ensure adherence to best practices and 
     standards; and
       (6) demonstrate a history of compliance with applicable 
     requirements of the Occupational Safety and Health 
     Administration.
       (c) Corrosion Prevention Activities Defined.--In this 
     section, the term ``corrosion prevention activities'' means--
       (1) the application and inspection of protective coatings 
     for complex work involving steel and cementitious structures, 
     including structures that will be exposed in immersion;
       (2) the installation, testing, and inspection of cathodic 
     protection systems; and
       (3) any other activities related to corrosion prevention 
     the Secretary determines appropriate.

     SEC. 1034. ADVANCED MODELING TECHNOLOGIES.

       (a) In General.--To the greatest extent practicable, the 
     Secretary shall encourage and incorporate advanced modeling 
     technologies, including 3-dimensional digital modeling, that 
     can expedite project delivery or improve the evaluation of 
     water resources development projects that receive Federal 
     funding by--
       (1) accelerating and improving the environmental review 
     process;
       (2) increasing effective public participation;
       (3) enhancing the detail and accuracy of project designs;
       (4) increasing safety;
       (5) accelerating construction and reducing construction 
     costs; or
       (6) otherwise achieving the purposes described in 
     paragraphs (1) through (5).
       (b) Activities.--In carrying out subsection (a), the 
     Secretary, to the greatest extent practicable, shall--
       (1) compile information related to advanced modeling 
     technologies, including industry best practices with respect 
     to the use of the technologies;
       (2) disseminate to non-Federal interests the information 
     described in paragraph (1); and
       (3) promote the use of advanced modeling technologies.

     SEC. 1035. RECREATIONAL ACCESS.

       (a) Definition of Floating Cabin.--In this section, the 
     term ``floating cabin'' means a vessel (as defined in section 
     3 of title 1, United States Code) that has overnight 
     accommodations.
       (b) Recreational Access.--The Secretary shall allow the use 
     of a floating cabin on waters under the jurisdiction of the 
     Secretary in the Cumberland River basin if--
       (1) the floating cabin--
       (A) is in compliance with regulations for recreational 
     vessels issued under chapter 43 of title 46, United States 
     Code, and section 312 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1322);
       (B) is located at a marina leased by the Corps of 
     Engineers; and
       (C) is maintained by the owner to required health and 
     safety standards; and
       (2) the Secretary has authorized the use of recreational 
     vessels on such waters.

     SEC. 1036. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK 
                   REDUCTION.

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

     SEC. 1037. HURRICANE AND STORM DAMAGE REDUCTION.

       (a) In General.--Section 156 of the Water Resources 
     Development Act of 1976 (42 U.S.C. 1962d-5f) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(a) In General.--The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Review.--Notwithstanding subsection (a), the 
     Secretary shall, at the request of the non-Federal interest, 
     carry out a study to determine the feasibility of extending 
     the period of nourishment described in subsection (a) for a 
     period not to exceed 15 additional years beyond the maximum 
     period described in subsection (a).
       ``(c) Plan for Reducing Risk to People and Property.--
       ``(1) In general.--As part of the review described in 
     subsection (b), the non-Federal interest shall submit to the 
     Secretary a plan for reducing risk to people and property 
     during the life of the project.
       ``(2) Inclusion of plan in recommendation to congress.--The 
     Secretary shall include the plan described in subsection (a) 
     in the recommendations to Congress described in subsection 
     (d).
       ``(d) Report to Congress.--Upon completion of the review 
     described in subsection (b), the Secretary shall--
       ``(1) submit to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives any 
     recommendations of the Secretary related to the review; and
       ``(2) include in the subsequent annual report to Congress 
     required under section 7001 of the Water Resources Reform and 
     Development Act of 2014, any recommendations that require 
     specific congressional authorization.
       ``(e) Special Rule.--Notwithstanding any other provision of 
     this section, for any existing authorized water resources 
     development project for which the maximum period for 
     nourishment described in subsection (a) will expire within 
     the 5 year-period beginning on the date of enactment of the 
     Water Resources Reform and Development Act of 2014, that 
     project shall remain eligible for nourishment for an 
     additional 3 years after the expiration of such period.''.
       (b) Review of Authorized Periodic Nourishment Authority.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall initiate a review 
     of all authorized water resources development projects for 
     which the Secretary is authorized to provide periodic 
     nourishment under section 156 of the Water Resources 
     Development Act of 1976 (42 U.S.C. 1962d-5f).
       (2) Scope of review.--In carrying out the review under 
     paragraph (1), the Secretary shall assess the Federal costs 
     associated with that nourishment authority and the projected 
     benefits of each project.
       (3) Report to congress.--Upon completion of the review 
     under paragraph (1), the Secretary shall issue to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     on the results of that review, including any proposed changes 
     the Secretary may recommend to the nourishment authority.

     SEC. 1038. REDUCTION OF FEDERAL COSTS FOR HURRICANE AND STORM 
                   DAMAGE REDUCTION PROJECTS.

       Section 204 of the Water Resources Development Act of 1992 
     (33 U.S.C. 2326) (as amended by section 1030(d)(1)) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``or used in'' after 
     ``obtained through'';
       (B) in paragraph (3)(C), by inserting ``for the purposes of 
     improving environmental conditions in marsh and littoral 
     systems, stabilizing stream channels, enhancing shorelines, 
     and supporting State and local risk management adaptation 
     strategies'' before the period at the end; and
       (C) by adding at the end the following:
       ``(4) Reducing costs.--To reduce or avoid Federal costs, 
     the Secretary shall consider the beneficial use of dredged 
     material in a manner that contributes to the maintenance of 
     sediment resources in the nearby coastal system.'';
       (2) in subsection (d)--
       (A) by striking the subsection designation and heading and 
     inserting the following:
       ``(d) Selection of Dredged Material Disposal Method for 
     Purposes Related to Environmental Restoration or Storm Damage 
     and Flood Reduction.--''; and
       (B) in paragraph (1), by striking ``in relation to'' and 
     all that follows through the period at the end and inserting 
     ``in relation to--

[[Page H4077]]

       ``(A) the environmental benefits, including the benefits to 
     the aquatic environment to be derived from the creation of 
     wetlands and control of shoreline erosion; or
       ``(B) the flood and storm damage and flood reduction 
     benefits, including shoreline protection, protection against 
     loss of life, and damage to improved property.''; and
       (3) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) cooperate with any State or group of States in the 
     preparation of a comprehensive State or regional sediment 
     management plan within the boundaries of the State or among 
     States;''.

     SEC. 1039. INVASIVE SPECIES.

       (a) Aquatic Species Review.--
       (1) Review of authorities.--The Secretary, in consultation 
     with the Director of the United States Fish and Wildlife 
     Service, the Chairman of the Tennessee Valley Authority, and 
     other applicable heads of Federal agencies, shall--
       (A) carry out a review of existing Federal authorities 
     relating to responding to invasive species, including aquatic 
     weeds, aquatic snails, and other aquatic invasive species, 
     that have an impact on water resources; and
       (B) based on the review under subparagraph (A), make any 
     recommendations to Congress and applicable State agencies for 
     improving Federal and State laws to more effectively respond 
     to the threats posed by those invasive species.
       (2) Federal investment.--
       (A) Assessment.--The Comptroller General of the United 
     States shall conduct an assessment of the Federal costs of, 
     and spending on, aquatic invasive species.
       (B) Contents.--The assessment conducted under subparagraph 
     (A) shall include--
       (i) identification of current Federal spending on, and 
     projected future Federal costs of, operation and maintenance 
     related to mitigating the impacts of aquatic invasive species 
     on federally owned or operated facilities;
       (ii) identification of current Federal spending on aquatic 
     invasive species prevention;
       (iii) analysis of whether spending identified in clause 
     (ii) is adequate for the maintenance and protection of 
     services provided by federally owned or operated facilities, 
     based on the current spending and projected future costs 
     identified in clause (i); and
       (iv) review of any other aspect of aquatic invasive species 
     prevention or mitigation determined appropriate by the 
     Comptroller General.
       (C) Findings.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Environment and Public Works and the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Transportation and Infrastructure and the 
     Committee on Natural Resources of the House of 
     Representatives a report containing the findings of the 
     assessment conducted under subparagraph (A).
       (b) Aquatic Invasive Species Prevention.--
       (1) Multiagency effort to slow the spread of asian carp in 
     the upper mississippi and ohio river basins and 
     tributaries.--
       (A) In general.--The Director of the United States Fish and 
     Wildlife Service, in coordination with the Secretary, the 
     Director of the National Park Service, and the Director of 
     the United States Geological Survey, shall lead a multiagency 
     effort to slow the spread of Asian carp in the Upper 
     Mississippi and Ohio River basins and tributaries by 
     providing technical assistance, coordination, best practices, 
     and support to State and local governments in carrying out 
     activities designed to slow, and eventually eliminate, the 
     threat posed by Asian carp.
       (B) Best practices.--To the maximum extent practicable, the 
     multiagency effort shall apply lessons learned and best 
     practices such as those described in the document prepared by 
     the Asian Carp Working Group entitled ``Management and 
     Control Plan for Bighead, Black, Grass, and Silver Carps in 
     the United States'' and dated November 2007, and the document 
     prepared by the Asian Carp Regional Coordinating Committee 
     entitled ``FY 2012 Asian Carp Control Strategy Framework'' 
     and dated February 2012.
       (2) Report to congress.--
       (A) In general.--Not later than December 31 of each year, 
     the Director of the United States Fish and Wildlife Service, 
     in coordination with the Secretary, shall submit to the 
     Committee on Appropriations and the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Appropriations, the Committee on Natural Resources, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and make publicly available a report 
     describing the coordinated strategies established and 
     progress made toward the goals of controlling and eliminating 
     Asian carp in the Upper Mississippi and Ohio River basins and 
     tributaries.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall include--
       (i) any observed changes in the range of Asian carp in the 
     Upper Mississippi and Ohio River basins and tributaries 
     during the 2-year period preceding submission of the report;
       (ii) a summary of Federal agency efforts, including 
     cooperative efforts with non-Federal partners, to control the 
     spread of Asian carp in the Upper Mississippi and Ohio River 
     basins and tributaries;
       (iii) any research that the Director determines could 
     improve the ability to control the spread of Asian carp;
       (iv) any quantitative measures that the Director intends to 
     use to document progress in controlling the spread of Asian 
     carp; and
       (v) a cross-cut accounting of Federal and non-Federal 
     expenditures to control the spread of Asian carp.
       (c) Prevention, Great Lakes and Mississippi River Basin.--
       (1) In general.--The Secretary is authorized to implement 
     measures recommended in the efficacy study authorized under 
     section 3061 of the Water Resources Development Act of 2007 
     (121 Stat. 1121) or in interim reports, with any 
     modifications or any emergency measures that the Secretary 
     determines to be appropriate to prevent aquatic nuisance 
     species from dispersing into the Great Lakes by way of any 
     hydrologic connection between the Great Lakes and the 
     Mississippi River Basin.
       (2) Notifications.--The Secretary shall notify the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate and the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives any emergency actions taken pursuant to this 
     subsection.
       (d) Prevention and Management.--Section 104 of the River 
     and Harbor Act of 1958 (33 U.S.C. 610) is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``There is'' and 
     inserting the following:
       ``(1) In general.--There is'';
       (B) in the second sentence, by striking ``Local'' and 
     inserting the following:
       ``(2) Local interests.--Local'';
       (C) in the third sentence, by striking ``Costs'' and 
     inserting the following:
       ``(3) Federal costs.--Costs''; and
       (D) in paragraph (1) (as designated by subparagraph (A))--
       (i) by striking ``control and progressive,'' and inserting 
     ``prevention, control, and progressive''; and
       (ii) by inserting ``and aquatic invasive species'' after 
     ``noxious aquatic plant growths'';
       (2) in subsection (b), in the first sentence, by striking 
     ``$15,000,000 annually'' and inserting ``$40,000,000, of 
     which $20,000,000 shall be made available to implement 
     subsection (d), annually''; and
       (3) by inserting after subsection (c) the following:
       ``(d) Watercraft Inspection Stations.--
       ``(1) In general.--In carrying out this section, the 
     Secretary may establish watercraft inspection stations in the 
     Columbia River Basin to be located in the States of Idaho, 
     Montana, Oregon, and Washington at locations, as determined 
     by the Secretary, with the highest likelihood of preventing 
     the spread of aquatic invasive species at reservoirs operated 
     and maintained by the Secretary.
       ``(2) Cost share.--The non-Federal share of the cost of 
     constructing, operating, and maintaining watercraft 
     inspection stations described in paragraph (1) (including 
     personnel costs) shall be--
       ``(A) 50 percent; and
       ``(B) provided by the State or local governmental entity in 
     which such inspection station is located.
       ``(3) Coordination.--In carrying out this subsection, the 
     Secretary shall consult and coordinate with--
       ``(A) the States described in paragraph (1);
       ``(B) Indian tribes; and
       ``(C) other Federal agencies, including--
       ``(i) the Department of Agriculture;
       ``(ii) the Department of Energy;
       ``(iii) the Department of Homeland Security;
       ``(iv) the Department of Commerce; and
       ``(v) the Department of the Interior.
       ``(e) Monitoring and Contingency Planning.--In carrying out 
     this section, the Secretary may--
       ``(1) carry out risk assessments of water resources 
     facilities;
       ``(2) monitor for aquatic invasive species;
       ``(3) establish watershed-wide plans for expedited response 
     to an infestation of aquatic invasive species; and
       ``(4) monitor water quality, including sediment cores and 
     fish tissue samples.''.

     SEC. 1040. FISH AND WILDLIFE MITIGATION.

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

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

       (ii) by inserting before the last sentence the following: 
     ``If the Secretary determines that mitigation to in-kind 
     conditions is not possible, the Secretary shall identify in 
     the report the basis for that determination and the 
     mitigation measures that will be implemented to meet the 
     requirements of this section and the goals of section 
     307(a)(1) of the Water Resources Development Act of 1990 (33 
     U.S.C. 2317(a)(1)).'';
       (B) in paragraph (2)--
       (i) in the heading, by striking ``Design'' and inserting 
     ``Selection and design'';
       (ii) by inserting ``select and'' after ``shall''; and
       (iii) by inserting ``using a watershed approach'' after 
     ``projects''; and
       (C) in paragraph (3)--
       (i) in subparagraph (A), by inserting ``, at a minimum,'' 
     after ``complies with''; and
       (ii) in subparagraph (B)--

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

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

       ``(I) a description of the land and interest in land to be 
     acquired for the mitigation plan;
       ``(II) the basis for a determination that the land and 
     interests are available for acquisition; and

[[Page H4078]]

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

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

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

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

     SEC. 1041. MITIGATION STATUS REPORT.

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

     SEC. 1042. REPORTS TO CONGRESS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall complete and submit to 
     Congress by the applicable date required the reports that 
     address public safety and enhanced local participation in 
     project delivery described in subsection (b).
       (b) Reports.--The reports referred to in subsection (a) are 
     the reports required under--
       (1) subparagraphs (A) and (B) of section 1043(a)(5);
       (2) section 1046(a)(2)(B);
       (3) section 210(e)(3) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2238(e)(3)) (as amended by section 
     2102(a)); and
       (4) section 7001.
       (c) Failure To Provide a Completed Report.--
       (1) In general.--Subject to subsection (d), if the 
     Secretary fails to provide a report listed under subsection 
     (b) by the date that is 180 days after the applicable date 
     required for that report, $5,000 shall be reprogrammed from 
     the General Expenses account of the civil works program of 
     the Army Corps of Engineers into the account of the division 
     of the Army Corps of Engineers with responsibility for 
     completing that report.
       (2) Subsequent reprogramming.--Subject to subsection (d), 
     for each additional week after the date described in 
     paragraph (1) in which a report described in that paragraph 
     remains uncompleted and unsubmitted to Congress, $5,000 shall 
     be reprogrammed from the General

[[Page H4079]]

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

     SEC. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.

       (a) Non-Federal Implementation of Feasibility Studies.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate the cost-effectiveness 
     and project delivery efficiency of allowing non-Federal 
     interests to carry out feasibility studies for flood risk 
     management, hurricane and storm damage reduction, aquatic 
     ecosystem restoration, and coastal harbor and channel and 
     inland navigation.
       (2) Purposes.--The purposes of the pilot program are--
       (A) to identify project delivery and cost-saving 
     alternatives to the existing feasibility study process;
       (B) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal interest 
     carrying out a feasibility study of 1 or more projects; and
       (C) to evaluate alternatives for the decentralization of 
     the project planning, management, and operational 
     decisionmaking process of the Corps of Engineers.
       (3) Administration.--
       (A) In general.--On the request of a non-Federal interest, 
     the Secretary may enter into an agreement with the non-
     Federal interest for the non-Federal interest to provide full 
     project management control of a feasibility study for a 
     project for--
       (i) flood risk management;
       (ii) hurricane and storm damage reduction, including 
     levees, floodwalls, flood control channels, and water control 
     structures;
       (iii) coastal harbor and channel and inland navigation; and
       (iv) aquatic ecosystem restoration.
       (B) Use of non-federal funds.--
       (i) In general.--A non-Federal interest that has entered 
     into an agreement with the Secretary pursuant to subparagraph 
     (A) may use non-Federal funds to carry out the feasibility 
     study.
       (ii) Credit.--The Secretary shall credit towards the non-
     Federal share of the cost of construction of a project for 
     which a feasibility study is carried out under this 
     subsection an amount equal to the portion of the cost of 
     developing the study that would have been the responsibility 
     of the Secretary, if the study were carried out by the 
     Secretary, subject to the conditions that--

       (I) non-Federal funds were used to carry out the activities 
     that would have been the responsibility of the Secretary;
       (II) the Secretary determines that the feasibility study 
     complies with all applicable Federal laws and regulations; 
     and
       (III) the project is authorized by any provision of Federal 
     law enacted after the date on which an agreement is entered 
     into under subparagraph (A).

       (C) Transfer of funds.--
       (i) In general.--After the date on which an agreement is 
     executed pursuant to subparagraph (A), the Secretary may 
     transfer to the non-Federal interest to carry out the 
     feasibility study--

       (I) if applicable, the balance of any unobligated amounts 
     appropriated for the study, except that the Secretary shall 
     retain sufficient amounts for the Corps of Engineers to carry 
     out any responsibilities of the Corps of Engineers relating 
     to the project and pilot program; and
       (II) additional amounts, as determined by the Secretary, 
     from amounts made available under paragraph (8), except that 
     the total amount transferred to the non-Federal interest 
     shall not exceed the updated estimate of the Federal share of 
     the cost of the feasibility study.

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

       (I) has the necessary qualifications to administer those 
     funds; and
       (II) will comply with all applicable Federal laws 
     (including regulations) relating to the use of those funds.

       (D) Notification.--The Secretary shall notify the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the initiation of each feasibility 
     study under the pilot program.
       (E) Auditing.--The Secretary shall regularly monitor and 
     audit each feasibility study carried out by a non-Federal 
     interest under this section to ensure that the use of any 
     funds transferred under subparagraph (C) are used in 
     compliance with the agreement signed under subparagraph (A).
       (F) Technical assistance.--On the request of a non-Federal 
     interest, the Secretary may provide technical assistance to 
     the non-Federal interest relating to any aspect of the 
     feasibility study, if the non-Federal interest contracts with 
     the Secretary for the technical assistance and compensates 
     the Secretary for the technical assistance.
       (G) Detailed project schedule.--Not later than 180 days 
     after entering into an agreement under subparagraph (A), each 
     non-Federal interest, to the maximum extent practicable, 
     shall submit to the Secretary a detailed project schedule, 
     based on full funding capability, that lists all deadlines 
     for milestones relating to the feasibility study.
       (4) Cost share.--Nothing in this subsection affects the 
     cost-sharing requirement applicable on the day before the 
     date of enactment of this Act to a feasibility study carried 
     out under this subsection.
       (5) Report.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     detailing the results of the pilot program carried out under 
     this section, including--
       (i) a description of the progress of the non-Federal 
     interests in meeting milestones in detailed project schedules 
     developed pursuant to paragraph (3)(G); and
       (ii) any recommendations of the Secretary concerning 
     whether the program or any component of the program should be 
     implemented on a national basis.
       (B) Update.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives an update of the report described in 
     subparagraph (A).
       (C) Failure to meet deadline.--If the Secretary fails to 
     submit a report by the required deadline under this 
     paragraph, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a detailed explanation of why the deadline 
     was missed and a projected date for submission of the report.
       (6) Administration.--All laws and regulations that would 
     apply to the Secretary if the Secretary were carrying out the 
     feasibility study shall apply to a non-Federal interest 
     carrying out a feasibility study under this subsection.
       (7) Termination of authority.--The authority to commence a 
     feasibility study under this subsection terminates on the 
     date that is 5 years after the date of enactment of this Act.
       (8) Authorization of appropriations.--In addition to any 
     amounts appropriated for a specific project, there is 
     authorized to be appropriated to the Secretary to carry out 
     the pilot program under this subsection, including the costs 
     of administration of the Secretary, $25,000,000 for each of 
     fiscal years 2015 through 2019.
       (b) Non-Federal Project Implementation Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate the cost-effectiveness 
     and project delivery efficiency of allowing non-Federal 
     interests to carry out flood risk management, hurricane and 
     storm damage reduction, coastal harbor and channel inland 
     navigation, and aquatic ecosystem restoration projects.
       (2) Purposes.--The purposes of the pilot program are--
       (A) to identify project delivery and cost-saving 
     alternatives that reduce the backlog of authorized Corps of 
     Engineers projects;
       (B) to evaluate the technical, financial, and 
     organizational efficiencies of a non-Federal interest 
     carrying out the design, execution, management, and 
     construction of 1 or more projects; and
       (C) to evaluate alternatives for the decentralization of 
     the project management, design, and construction for 
     authorized Corps of Engineers water resources projects.
       (3) Administration.--
       (A) In general.--In carrying out the pilot program, the 
     Secretary shall--
       (i) identify a total of not more than 15 projects for flood 
     risk management, hurricane and storm damage reduction 
     (including levees, floodwalls, flood control channels, and 
     water control structures), coastal harbor and channels, 
     inland navigation, and aquatic ecosystem restoration that 
     have been authorized for construction prior to the date of 
     enactment of this Act, including--

       (I) not more than 12 projects that--

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

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

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

[[Page H4080]]

       (iii) in collaboration with the non-Federal interest, 
     develop a detailed project management plan for each 
     identified project that outlines the scope, budget, design, 
     and construction resource requirements necessary for the non-
     Federal interest to execute the project, or a separable 
     element of the project;
       (iv) on the request of the non-Federal interest, enter into 
     a project partnership agreement with the non-Federal interest 
     for the non-Federal interest to provide full project 
     management control for construction of the project, or a 
     separable element of the project, in accordance with plans 
     approved by the Secretary;
       (v) following execution of the project partnership 
     agreement, transfer to the non-Federal interest to carry out 
     construction of the project, or a separable element of the 
     project--

       (I) if applicable, the balance of the unobligated amounts 
     appropriated for the project, except that the Secretary shall 
     retain sufficient amounts for the Corps of Engineers to carry 
     out any responsibilities of the Corps of Engineers relating 
     to the project and pilot program; and
       (II) additional amounts, as determined by the Secretary, 
     from amounts made available under paragraph (8), except that 
     the total amount transferred to the non-Federal interest 
     shall not exceed the updated estimate of the Federal share of 
     the cost of construction, including any required design; and

       (vi) regularly monitor and audit each project being 
     constructed by a non-Federal interest under this section to 
     ensure that the construction activities are carried out in 
     compliance with the plans approved by the Secretary and that 
     the construction costs are reasonable.
       (B) Detailed project schedule.--Not later than 180 days 
     after entering into an agreement under subparagraph (A)(iv), 
     each non-Federal interest, to the maximum extent practicable, 
     shall submit to the Secretary a detailed project schedule, 
     based on estimated funding levels, that lists all deadlines 
     for each milestone in the construction of the project.
       (C) Technical assistance.--On the request of a non-Federal 
     interest, the Secretary may provide technical assistance to 
     the non-Federal interest, if the non-Federal interest 
     contracts with and compensates the Secretary for the 
     technical assistance relating to--
       (i) any study, engineering activity, and design activity 
     for construction carried out by the non-Federal interest 
     under this subsection; and
       (ii) expeditiously obtaining any permits necessary for the 
     project.
       (4) Cost share.--Nothing in this subsection affects the 
     cost-sharing requirement applicable on the day before the 
     date of enactment of this Act to a project carried out under 
     this subsection.
       (5) Report.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     detailing the results of the pilot program carried out under 
     this subsection, including--
       (i) a description of the progress of non-Federal interests 
     in meeting milestones in detailed project schedules developed 
     pursuant to paragraph (2)(B); and
       (ii) any recommendations of the Secretary concerning 
     whether the program or any component of the program should be 
     implemented on a national basis.
       (B) Update.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives an update of the report described in 
     subparagraph (A).
       (C) Failure to meet deadline.--If the Secretary fails to 
     submit a report by the required deadline under this 
     paragraph, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a detailed explanation of why the deadline 
     was missed and a projected date for submission of the report.
       (6) Administration.--All laws and regulations that would 
     apply to the Secretary if the Secretary were carrying out the 
     project shall apply to a non-Federal interest carrying out a 
     project under this subsection.
       (7) Termination of authority.--The authority to commence a 
     project under this subsection terminates on the date that is 
     5 years after the date of enactment of this Act.
       (8) Authorization of appropriations.--In addition to any 
     amounts appropriated for a specific project, there is 
     authorized to be appropriated to the Secretary to carry out 
     the pilot program under this subsection, including the costs 
     of administration of the Secretary, $25,000,000 for each of 
     fiscal years 2015 through 2019.

     SEC. 1044. INDEPENDENT PEER REVIEW.

       (a) Mandatory Project Studies Subject to Peer Review.--
     Section 2034(a)(3)(A)(i) of the Water Resources Development 
     Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)) is amended by 
     striking ``$45,000,000'' and inserting ``$200,000,000''.
       (b) Timing of Peer Review.--Section 2034(b) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(b)) is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Reasons for timing.--If the Chief of Engineers does 
     not initiate a peer review for a project study at a time 
     described in paragraph (2), the Chief shall--
       ``(A) not later than 7 days after the date on which the 
     Chief of Engineers determines not to initiate a peer review--
       ``(i) notify the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives of that 
     decision; and
       ``(ii) make publicly available, including on the Internet, 
     the reasons for not conducting the review; and
       ``(B) include the reasons for not conducting the review in 
     the decision document for the project study.''.
       (c) Establishment of Panels.--Section 2034(c) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(c)) is 
     amended by striking paragraph (4) and inserting the 
     following:
       ``(4) Congressional and public notification.--Following the 
     identification of a project study for peer review under this 
     section, but prior to initiation of the review by the panel 
     of experts, the Chief of Engineers shall, not later than 7 
     days after the date on which the Chief of Engineers 
     determines to conduct a review--
       ``(A) notify the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives of the review 
     conducted under this section; and
       ``(B) make publicly available, including on the Internet, 
     information on--
       ``(i) the dates scheduled for beginning and ending the 
     review;
       ``(ii) the entity that has the contract for the review; and
       ``(iii) the names and qualifications of the panel of 
     experts.''.
       (d) Recommendations of Panel.--Section 2034(f) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(f)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Public availability and submission to congress.--
     After receiving a report on a project study from a panel of 
     experts under this section, the Chief of Engineers shall make 
     available to the public, including on the Internet, and 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives--
       ``(A) a copy of the report not later than 7 days after the 
     date on which the report is delivered to the Chief of 
     Engineers; and
       ``(B) a copy of any written response of the Chief of 
     Engineers on recommendations contained in the report not 
     later than 3 days after the date on which the response is 
     delivered to the Chief of Engineers.
       ``(3) Inclusion in project study.--A report on a project 
     study from a panel of experts under this section and the 
     written response of the Chief of Engineers shall be included 
     in the final decision document for the project study.''.
       (e) Applicability.--Section 2034(h)(2) of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343(h)(2)) is 
     amended by striking ``7 years'' and inserting ``12 years''.

     SEC. 1045. REPORT ON SURFACE ELEVATIONS AT DROUGHT AFFECTED 
                   LAKES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Federal Energy Regulatory Commission (referred to in this 
     section as ``FERC''), shall initiate an assessment of the 
     effects of drought conditions on lakes managed by the 
     Secretary that are affected by FERC-licensed reservoirs, 
     which shall include an assessment of--
       (1) lake levels and rule curves in areas of previous, 
     current, and prolonged drought; and
       (2) the effect the long-term FERC licenses have on the 
     ability of the Secretary to manage lakes for hydropower 
     generation, navigation, flood protection, water supply, fish 
     and wildlife, and recreation.
       (b) Report.--The Secretary, in coordination with the FERC, 
     shall submit to Congress and make publicly available a report 
     on the assessment carried out under subsection (a).

     SEC. 1046. RESERVOIR OPERATIONS AND WATER SUPPLY.

       (a) Dam Optimization.--
       (1) Definition of project.--In this subsection, the term 
     ``project'' means a water resources development project that 
     is operated and maintained by the Secretary.
       (2) Reports.--
       (A) Assessment of water supply in arid regions.--
       (i) In general.--The Secretary shall conduct an assessment 
     of the management practices, priorities, and authorized 
     purposes at Corps of Engineers reservoirs in arid regions to 
     determine the effects of such practices, priorities, and 
     purposes on water supply during periods of drought.
       (ii) Inclusions.--The assessment under clause (i) shall 
     identify actions that can be carried out within the scope of 
     existing authorities of the Secretary to increase project 
     flexibility for the purpose of mitigating drought impacts.
       (iii) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     on the results of the assessment.
       (B) Updated report.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall update and make 
     publicly available the report entitled ``Authorized and 
     Operating Purposes of Corps of Engineers Reservoirs'' and 
     dated July 1992, which was produced pursuant to section 311 
     of the Water Resources Development Act of 1990 (104 Stat. 
     4639).
       (ii) Inclusions.--The updated report described in clause 
     (i) shall--

       (I) include--

       (aa) the date on which the most recent review of project 
     operations was conducted and any

[[Page H4081]]

     recommendations of the Secretary relating to that review the 
     Secretary determines to be significant;
       (bb) the activities carried out pursuant to each such 
     review to improve the efficiency of operations and 
     maintenance and to improve project benefits consistent with 
     authorized purposes;
       (cc) the degree to which reviews of project operations and 
     subsequent activities pursuant to completed reviews complied 
     with the policies and requirements of applicable law and 
     regulations; and
       (dd) a plan for reviewing the operations of individual 
     projects, including a detailed schedule for future reviews of 
     project operations, that--
       (AA) complies with the polices and requirements of 
     applicable law and regulations;
       (BB) gives priority to reviews and activities carried out 
     pursuant to such plan where the Secretary determines that 
     there is support for carrying out those reviews and 
     activities; and
       (CC) ensures that reviews and activities are carried out 
     pursuant to such plan;

       (II) be coordinated with appropriate Federal, State, and 
     local agencies and those public and private entities that the 
     Secretary determines may be affected by those reviews or 
     activities;
       (III) not supersede or modify any written agreement between 
     the Federal Government and a non-Federal interest that is in 
     effect on the date of enactment of this Act;
       (IV) not supersede or authorize any amendment to a 
     multistate water control plan, including the Missouri River 
     Master Water Control Manual (as in effect on the date of 
     enactment of this Act);
       (V) not affect any water right in existence on the date of 
     enactment of this Act;
       (VI) not preempt or affect any State water law or 
     interstate compact governing water;
       (VII) not affect any authority of a State, as in effect on 
     the date of enactment of this Act, to manage water resources 
     within that State; and
       (VIII) comply with section 301 of the Water Supply Act of 
     1958 (43 U.S.C. 390b).

       (3) General accountability office report to congress.--The 
     Comptroller General shall--
       (A) conduct an audit to determine--
       (i) whether reviews of project operations carried out by 
     the Secretary prior to the date of enactment of this Act 
     complied with the policies and requirements of applicable law 
     and regulations; and
       (ii) whether the plan developed by the Secretary pursuant 
     to paragraph (2)(B)(ii)(I)(dd) complies with this subsection 
     and with the policies and requirements of applicable law and 
     regulation; and
       (B) not later than 2 years after the date of enactment of 
     this Act, submit to Congress a report that--
       (i) summarizes the results of the audit required by 
     subparagraph (A);
       (ii) includes an assessment of whether existing practices 
     for managing and reviewing project operations could result in 
     greater efficiencies that would enable the Corps of Engineers 
     to better prepare for, contain, and respond to flood, storm, 
     and drought conditions; and
       (iii) includes recommendations for improving the review of 
     project operations to improve the efficiency and 
     effectiveness of such operations and to better achieve 
     authorized purposes while enhancing overall project benefits.
       (4) Interagency and cooperative agreements.--The Secretary 
     may enter into interagency agreements with other Federal 
     agencies and cooperative agreements with non-Federal entities 
     to carry out this subsection and reviews of project 
     operations or activities resulting from those reviews.
       (5) Funding.--
       (A) In general.--The Secretary may use to carry out this 
     subsection, including any reviews of project operations 
     identified in the plan developed under paragraph 
     (2)(B)(ii)(I)(dd), amounts made available to the Secretary.
       (B) Funding from other sources.--The Secretary may accept 
     and expend amounts from non-Federal entities and other 
     Federal agencies to carry out this subsection and reviews of 
     project operations or activities resulting from those 
     reviews.
       (6) Effect of subsection.--
       (A) In general.--Nothing in this subsection changes the 
     authorized purpose of any Corps of Engineers dam or 
     reservoir.
       (B) Administration.--The Secretary may carry out any 
     recommendations and activities under this subsection pursuant 
     to existing law.
       (b) Improving Planning and Administration of Water Supply 
     Storage.--
       (1) In general.--For each water supply feature of a 
     reservoir managed by the Secretary, the Secretary shall 
     notify the applicable non-Federal interests before each 
     fiscal year of the anticipated operation and maintenance 
     activities for that fiscal year and each of the subsequent 4 
     fiscal years (including the cost of those activities) for 
     which the non-Federal interests are required to contribute 
     amounts.
       (2) Clarification.--The information provided to a non-
     Federal interest under paragraph (1) shall--
       (A) be an estimate which the non-Federal interest may use 
     for planning purposes; and
       (B) not be construed as or relied upon by the non-Federal 
     interest as the actual amounts that the non-Federal interest 
     will be required to contribute.
       (c) Surplus Water Storage.--
       (1) In general.--The Secretary shall not charge a fee for 
     surplus water under a contract entered into pursuant to 
     section 6 of the Act of December 22, 1944 (commonly known as 
     the ``Flood Control Act of 1944'') (33 U.S.C. 708) if the 
     contract is for surplus water stored in the Upper Missouri 
     Mainstem Reservoirs.
       (2) Offset.--
       (A) In general.--Subject to subparagraph (B), of any 
     amounts made available to the Secretary to carry out 
     activities under the heading ``operation and maintenance'' 
     under the heading ``Corps of Engineers-Civil'' that remain 
     unobligated as of the date of enactment of this Act, 
     $5,000,000 is rescinded.
       (B) Restriction.--No amounts that have been designated by 
     Congress as being for emergency requirements pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Contro1 Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall 
     be rescinded under subparagraph (A).
       (3) Limitation.--The limitation provided under paragraph 
     (1) shall expire on the date that is 10 years after the date 
     of enactment of this Act.
       (4) Applicability.--Nothing in this subsection--
       (A) affects the authority of the Secretary under section 
     2695 of title 10, United States Code, to accept funds or to 
     cover the administrative expenses relating to certain real 
     property transactions; or
       (B) affects the application of section 6 of the Act of 
     December 22, 1944 (commonly known as the ``Flood Control Act 
     of 1944'') (33 U.S.C. 708) to surplus water stored outside of 
     the Upper Missouri Mainstem Reservoirs.
       (d) Future Water Supply.--Section 301 of the Water Supply 
     Act of 1958 (43 U.S.C. 390b) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Release of Future Water Storage.--
       ``(1) Establishment of 10-year plans for the utilization of 
     future storage.--
       ``(A) In general.--For the period beginning 180 days after 
     the date of enactment of this paragraph and ending on January 
     1, 2016, the Secretary may accept from a State or local 
     interest a plan for the utilization of allocated water 
     storage for future use under this Act.
       ``(B) Contents.--A plan submitted under subparagraph (A) 
     shall include--
       ``(i) a 10-year timetable for the conversion of future use 
     storage to present use; and
       ``(ii) a schedule of actions that the State or local 
     interest agrees to carry out over a 10-year period, in 
     cooperation with the Secretary, to seek new and alternative 
     users of future water storage that is contracted to the State 
     or local interest on the date of enactment of this paragraph.
       ``(2) Future water storage.--For water resource development 
     projects managed by the Secretary, a State or local interest 
     that the Secretary determines has complied with paragraph (1) 
     may request from the Secretary a release to the United States 
     of any right of the State or local interest to future water 
     storage under this Act that was allocated for future use 
     water supply prior to November 17, 1986.
       ``(3) Administration.--
       ``(A) In general.--Not later than 180 days after receiving 
     a request under paragraph (2), the Secretary shall provide to 
     the applicable State or local interest a written decision on 
     whether the Secretary recommends releasing future water 
     storage rights.
       ``(B) Recommendation.--If the Secretary recommends 
     releasing future water storage rights, the Secretary shall 
     include that recommendation in the annual plan submitted 
     under section 7001 of the Water Resources Reform and 
     Development Act of 2014.
       ``(4) Savings clause.--Nothing in this subsection 
     authorizes the Secretary to release a State or local interest 
     from a contractual obligation unless specifically authorized 
     by Congress.''.

     SEC. 1047. SPECIAL USE PERMITS.

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

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

       (ii) the Secretary determines that cooperative management 
     between the Corps of Engineers and a State or local 
     government agency of a portion of the Corps of Engineers 
     recreation area or State or local park or recreation area 
     will allow for more effective and efficient management of 
     those areas.

[[Page H4082]]

       (B) Restriction.--The Secretary may not transfer 
     administration responsibilities for any public recreation 
     area operated by the Corps of Engineers.
       (2) Acquisition of goods and services.--The Secretary may 
     acquire from or provide to a State or local government with 
     which the Secretary has entered into a cooperative agreement 
     under paragraph (1) goods and services to be used by the 
     Secretary and the State or local government in the 
     cooperative management of the areas covered by the agreement.
       (3) Administration.--The Secretary may enter into 1 or more 
     cooperative management agreements or such other arrangements 
     as the Secretary determines to be appropriate, including 
     leases or licenses, with non-Federal interests to share the 
     costs of operation, maintenance, and management of recreation 
     facilities and natural resources at recreation areas that are 
     jointly managed and funded under this subsection.
       (c) Use of Funds.--
       (1) In general.--If the Secretary determines that it is in 
     the public interest for purposes of enhancing recreation 
     opportunities at Corps of Engineers water resources 
     development projects, the Secretary may use funds made 
     available to the Secretary to support activities carried out 
     by State, local, and tribal governments and such other public 
     or private nonprofit entities as the Secretary determines to 
     be appropriate.
       (2) Cooperative agreements.--Any use of funds pursuant to 
     this subsection shall be carried out through the execution of 
     a cooperative agreement, which shall contain such terms and 
     conditions as the Secretary determines to be necessary in the 
     public interest.
       (d) Services of Volunteers.--Chapter IV of title I of 
     Public Law 98-63 (33 U.S.C. 569c) is amended in the first 
     sentence by inserting ``, including expenses relating to 
     uniforms, transportation, lodging, and the subsistence of 
     those volunteers,'' after ``incidental expenses''.
       (e) Training and Educational Activities.--Section 213(a) of 
     the Water Resources Development Act of 2000 (33 U.S.C. 2339) 
     is amended by striking ``at'' and inserting ``about''.

     SEC. 1048. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
                   RECREATIONAL LANDS PASS PROGRAM.

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

     SEC. 1049. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 
                   COUNTERMEASURE RULE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Farm.--The term ``farm'' has the meaning given the term 
     in section 112.2 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (3) Gallon.--The term ``gallon'' means a United States 
     gallon.
       (4) Oil.--The term ``oil'' has the meaning given the term 
     in section 112.2 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (5) Oil discharge.--The term ``oil discharge'' has the 
     meaning given the term ``discharge'' in section 112.2 of 
     title 40, Code of Federal Regulations (or successor 
     regulations).
       (6) Reportable oil discharge history.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``reportable oil discharge history'' means a single oil 
     discharge, as described in section 112.1(b) of title 40, Code 
     of Federal Regulations (including successor regulations), 
     that exceeds 1,000 gallons or 2 oil discharges, as described 
     in section 112.1(b) of title 40, Code of Federal Regulations 
     (including successor regulations), that each exceed 42 
     gallons within any 12-month period--
       (i) in the 3 years prior to the certification date of the 
     Spill Prevention, Control, and Countermeasure plan (as 
     described in section 112.3 of title 40, Code of Federal 
     Regulations (including successor regulations); or
       (ii) since becoming subject to part 112 of title 40, Code 
     of Federal Regulations, if the facility has been in operation 
     for less than 3 years.
       (B) Exclusions.--The term ``reportable oil discharge 
     history'' does not include an oil discharge, as described in 
     section 112.1(b) of title 40, Code of Federal Regulations 
     (including successor regulations), that is the result of a 
     natural disaster, an act of war, or terrorism.
       (7) Spill prevention, control, and countermeasure rule.--
     The term ``Spill Prevention, Control, and Countermeasure 
     rule'' means the regulation, including amendments, 
     promulgated by the Administrator under part 112 of title 40, 
     Code of Federal Regulations (or successor regulations).
       (b) Certification.--In implementing the Spill Prevention, 
     Control, and Countermeasure rule with respect to any farm, 
     the Administrator shall--
       (1) require certification by a professional engineer for a 
     farm with--
       (A) an individual tank with an aboveground storage capacity 
     greater than 10,000 gallons;
       (B) an aggregate aboveground storage capacity greater than 
     or equal to 20,000 gallons; or
       (C) a reportable oil discharge history; or
       (2) allow certification by the owner or operator of the 
     farm (via self-certification) for a farm with--
       (A) an aggregate aboveground storage capacity less than 
     20,000 gallons and greater than the lesser of--
       (i) 6,000 gallons; and
       (ii) the adjustment quantity established under subsection 
     (d)(2); and
       (B) no reportable oil discharge history; and
       (3) not require compliance with the rule by any farm--
       (A) with an aggregate aboveground storage capacity greater 
     than 2,500 gallons and less than the lesser of--
       (i) 6,000 gallons; and
       (ii) the adjustment quantity established under subsection 
     (d)(2); and
       (B) no reportable oil discharge history; and
       (4) not require compliance with the rule by any farm with 
     an aggregate aboveground storage capacity of less than 2,500 
     gallons.
       (c) Calculation of Aggregate Aboveground Storage 
     Capacity.--For purposes of subsection (b), the aggregate 
     aboveground storage capacity of a farm excludes--
       (1) all containers on separate parcels that have a capacity 
     that is 1,000 gallons or less; and
       (2) all containers holding animal feed ingredients approved 
     for use in livestock feed by the Commissioner of Food and 
     Drugs.
       (d) Study.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary of Agriculture, shall conduct a study to 
     determine the appropriate exemption under paragraphs (2) and 
     (3) of subsection (b), which shall be not more than 6,000 
     gallons and not less than 2,500 gallons, based on a 
     significant risk of discharge to water.
       (2) Adjustment.--Not later than 18 months after the date on 
     which the study described in paragraph (1) is complete, the 
     Administrator, in consultation with the Secretary of 
     Agriculture, shall promulgate a rule to adjust the exemption 
     levels described in paragraphs (2) and (3) of subsection (b) 
     in accordance with the study.

     SEC. 1050. NAMINGS.

       (a) Donald G. Waldon Lock and Dam.--It is the sense of 
     Congress that, at an appropriate time and in accordance with 
     the rules of the Senate and the House of Representatives, to 
     recognize the contributions of Donald G. Waldon, whose 
     selfless determination and tireless work, while serving as 
     administrator of the Tennessee-Tombigbee Waterway for 21 
     years, contributed greatly to the realization and success of 
     the Tennessee-Tombigbee Waterway Development Compact, that 
     the lock and dam located at mile 357.5 on the Tennessee-
     Tombigbee Waterway should be known and designated as the 
     ``Donald G. Waldon Lock and Dam''.
       (b) Redesignation of Lower Mississippi River Museum and 
     Riverfront Interpretive Site.--
       (1) In general.--Section 103(c)(1) of the Water Resources 
     Development Act of 1992 (106 Stat. 4811) is amended by 
     striking ``Lower Mississippi River Museum and Riverfront 
     Interpretive Site'' and inserting ``Jesse Brent Lower 
     Mississippi River Museum and Riverfront Interpretive Site''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     museum and interpretive site referred to in paragraph (1) 
     shall be deemed to be a reference to the ``Jesse Brent Lower 
     Mississippi River Museum and Riverfront Interpretive Site''.
       (c) Jerry F. Costello Lock and Dam.--
       (1) Redesignation.--The lock and dam located in Modoc, 
     Illinois, authorized by the Act of July 3, 1930 (46 Stat. 
     927), and commonly known as the Kaskaskia Lock and Dam, is 
     redesignated as the ``Jerry F. Costello Lock and Dam''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     lock and dam referred to in section 1 shall be deemed to be a 
     reference to the ``Jerry F. Costello Lock and Dam''.

     SEC. 1051. INTERSTATE WATER AGREEMENTS AND COMPACTS.

       (a) Water Supply.--Section 301 of the Water Supply Act of 
     1958 (43 U.S.C. 390b) (as amended by section 1046(d)) is 
     amended by adding at the end the following:
       ``(f) The Committees of jurisdiction are very concerned 
     about the operation of projects in the Apalachicola-
     Chattahoochee-Flint River System and the Alabama-Coosa-
     Tallapoosa River System, and further, the Committees of 
     jurisdiction recognize that this ongoing water resources 
     dispute raises serious concerns related to the authority of 
     the Secretary of the Army to allocate substantial storage at 
     projects to provide local water supply pursuant to the Water 
     Supply Act of 1958 absent congressional approval. Interstate 
     water disputes of this nature are more properly addressed 
     through interstate water agreements that take into 
     consideration the concerns of all affected States including 
     impacts to other authorized uses of the projects, water 
     supply for communities and major cities in the region, water 
     quality, freshwater flows to communities, rivers, lakes, 
     estuaries, and bays located downstream of projects, 
     agricultural uses, economic development, and other 
     appropriate concerns. To that end, the Committees of 
     jurisdiction strongly urge the Governors of the affected 
     States to reach agreement on an interstate water compact as 
     soon as possible, and we pledge our commitment to work with 
     the affected States to ensure prompt consideration and 
     approval of any such agreement. Absent such action, the 
     Committees of jurisdiction should consider appropriate 
     legislation to address these matters including any necessary 
     clarifications to the Water Supply Act of 1958 or other law. 
     This subsection does not alter existing rights or obligations 
     under law.''.
       (b) Sense of Congress Regarding Interstate Water Agreements 
     and Compacts.--
       (1) Findings.--Congress finds the following:
       (A) States and local interests have primary responsibility 
     for developing water supplies for domestic, municipal, 
     industrial, and other purposes.

[[Page H4083]]

       (B) The Federal Government cooperates with States and local 
     interests in developing water supplies through the 
     construction, maintenance, and operation of Federal water 
     resources development projects.
       (C) Interstate water disputes are most properly addressed 
     through interstate water agreements or compacts that take 
     into consideration the concerns of all affected States.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) Congress and the Secretary should urge States to reach 
     agreement on interstate water agreements and compacts;
       (B) at the request of the Governor of a State, the 
     Secretary should facilitate and assist in the development of 
     an interstate water agreement or compact;
       (C) Congress should provide prompt consideration of 
     interstate water agreements and compacts; and
       (D) the Secretary should adopt policies and implement 
     procedures for the operation of reservoirs of the Corps of 
     Engineers that are consistent with interstate water 
     agreements and compacts.

     SEC. 1052. SENSE OF CONGRESS REGARDING WATER RESOURCES 
                   DEVELOPMENT BILLS.

       It is the sense of Congress that, because the missions of 
     the Corps of Engineers are unique and benefit all individuals 
     in the United States and because water resources development 
     projects are critical to maintaining economic prosperity, 
     national security, and environmental protection, Congress 
     should consider a water resources development bill not less 
     than once every Congress.

                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

     SEC. 2001. DEFINITIONS.

       In this title:
       (1) Inland waterways trust fund.--The term ``Inland 
     Waterways Trust Fund'' means the Inland Waterways Trust Fund 
     established by section 9506(a) of the Internal Revenue Code 
     of 1986.
       (2) Qualifying project.--The term ``qualifying project'' 
     means any construction or major rehabilitation project for 
     navigation infrastructure of the inland and intracoastal 
     waterways that is--
       (A) authorized before, on, or after the date of enactment 
     of this Act;
       (B) not completed on the date of enactment of this Act; and
       (C) funded at least in part from the Inland Waterways Trust 
     Fund.

     SEC. 2002. PROJECT DELIVERY PROCESS REFORMS.

       (a) Requirements for Qualifying Projects.--With respect to 
     each qualifying project, the Secretary shall require--
       (1) for each project manager, that--
       (A) the project manager have formal project management 
     training and certification; and
       (B) the project manager be assigned from among personnel 
     certified by the Chief of Engineers; and
       (2) for an applicable cost estimation, that--
       (A) the Secretary utilize a risk-based cost estimate with a 
     confidence level of at least 80 percent; and
       (B) the cost estimate be developed--
       (i) for a qualifying project that requires an increase in 
     the authorized amount in accordance with section 902 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2280), 
     during the preparation of a post-authorization change report 
     or other similar decision document;
       (ii) for a qualifying project for which the first 
     construction contract has not been awarded, prior to the 
     award of the first construction contract;
       (iii) for a qualifying project without a completed 
     feasibility report in accordance with section 905 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2282), 
     prior to the completion of such a report; and
       (iv) for a qualifying project with a completed feasibility 
     report in accordance with section 905 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2282) that has not yet 
     been authorized, during design for the qualifying project.
       (b) Additional Project Delivery Process Reforms.--Not later 
     than 18 months after the date of enactment of this Act, the 
     Secretary shall--
       (1) establish a system to identify and apply on a 
     continuing basis best management practices from prior or 
     ongoing qualifying projects to improve the likelihood of on-
     time and on-budget completion of qualifying projects;
       (2) evaluate early contractor involvement acquisition 
     procedures to improve on-time and on-budget project delivery 
     performance; and
       (3) implement any additional measures that the Secretary 
     determines will achieve the purposes of this subtitle, 
     including--
       (A) the implementation of applicable practices and 
     procedures developed pursuant to management by the Secretary 
     of an applicable military construction program;
       (B) the development and use of a portfolio of standard 
     designs for inland navigation locks, incorporating the use of 
     a center of expertise for the design and review of qualifying 
     projects;
       (C) the use of full-funding contracts or formulation of a 
     revised continuing contracts clause; and
       (D) the establishment of procedures for recommending new 
     project construction starts using a capital projects business 
     model.
       (c) Pilot Projects.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may carry out pilot projects to evaluate processes and 
     procedures for the study, design, and construction of 
     qualifying projects.
       (2) Inclusions.--At a minimum, the Secretary shall carry 
     out pilot projects under this subsection to evaluate--
       (A) early contractor involvement in the development of 
     features and components;
       (B) an appropriate use of continuing contracts for the 
     construction of features and components; and
       (C) applicable principles, procedures, and processes used 
     for military construction projects.
       (d) Inland Waterways Users Board.--Section 302 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2251) is 
     amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Duties of Users Board.--
       ``(1) In general.--The Users Board shall meet not less 
     frequently than semiannually to develop and make 
     recommendations to the Secretary and Congress regarding the 
     inland waterways and inland harbors of the United States.
       ``(2) Advice and recommendations.--For commercial 
     navigation features and components of the inland waterways 
     and inland harbors of the United States, the Users Board 
     shall provide--
       ``(A) prior to the development of the budget proposal of 
     the President for a given fiscal year, advice and 
     recommendations to the Secretary regarding construction and 
     rehabilitation priorities and spending levels;
       ``(B) advice and recommendations to Congress regarding any 
     feasibility report for a project on the inland waterway 
     system that has been submitted to Congress pursuant to 
     section 7001 of the Water Resources Reform and Development 
     Act of 2014;
       ``(C) advice and recommendations to Congress regarding an 
     increase in the authorized cost of those features and 
     components;
       ``(D) not later than 60 days after the date of the 
     submission of the budget proposal of the President to 
     Congress, advice and recommendations to Congress regarding 
     construction and rehabilitation priorities and spending 
     levels; and
       ``(E) advice and recommendations on the development of a 
     long-term capital investment program in accordance with 
     subsection (d).
       ``(3) Project development teams.--The chairperson of the 
     Users Board shall appoint a representative of the Users Board 
     to serve as an advisor to the project development team for a 
     qualifying project or the study or design of a commercial 
     navigation feature or component of the inland waterways and 
     inland harbors of the United States.
       ``(4) Independent judgment.--Any advice or recommendation 
     made by the Users Board to the Secretary shall reflect the 
     independent judgment of the Users Board.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Duties of Secretary.--The Secretary shall--
       ``(1) communicate not less frequently than once each 
     quarter to the Users Board the status of the study, design, 
     or construction of all commercial navigation features or 
     components of the inland waterways or inland harbors of the 
     United States; and
       ``(2) submit to the Users Board a courtesy copy of all 
     completed feasibility reports relating to a commercial 
     navigation feature or component of the inland waterways or 
     inland harbors of the United States.
       ``(d) Capital Investment Program.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary, in coordination 
     with the Users Board, shall develop and submit to Congress a 
     report describing a 20-year program for making capital 
     investments on the inland and intracoastal waterways based on 
     the application of objective, national project selection 
     prioritization criteria.
       ``(2) Consideration.--In developing the program under 
     paragraph (1), the Secretary shall take into consideration 
     the 20-year capital investment strategy contained in the 
     Inland Marine Transportation System (IMTS) Capital Projects 
     Business Model, Final Report published on April 13, 2010, as 
     approved by the Users Board.
       ``(3) Criteria.--In developing the plan and prioritization 
     criteria under paragraph (1), the Secretary shall ensure, to 
     the maximum extent practicable, that investments made under 
     the 20-year program described in paragraph (1)--
       ``(A) are made in all geographical areas of the inland 
     waterways system; and
       ``(B) ensure efficient funding of inland waterways 
     projects.
       ``(4) Strategic review and update.--Not later than 5 years 
     after the date of enactment of this subsection, and not less 
     frequently than once every 5 years thereafter, the Secretary, 
     in coordination with the Users Board, shall--
       ``(A) submit to Congress and make publicly available a 
     strategic review of the 20-year program in effect under this 
     subsection, which shall identify and explain any changes to 
     the project-specific recommendations contained in the 
     previous 20-year program (including any changes to the 
     prioritization criteria used to develop the updated 
     recommendations); and
       ``(B) make revisions to the program, as appropriate.
       ``(e) Project Management Plans.--The chairperson of the 
     Users Board and the project development team member appointed 
     by the chairperson under subsection (b)(3) may sign the 
     project management plan for the qualifying project or the 
     study or design of a commercial navigation feature or 
     component of the inland waterways and inland harbors of the 
     United States.
       ``(f) Administration.--
       ``(1) In general.--The Users Board shall be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.), other than 
     section 14, and, with the consent of the appropriate agency 
     head, the Users Board may use the facilities and services of 
     any Federal agency.
       ``(2) Members not considered special government 
     employees.--For the purposes of complying with the Federal 
     Advisory Committee Act

[[Page H4084]]

     (5 U.S.C. App.), the members of the Users Board shall not be 
     considered special Government employees (as defined in 
     section 202 of title 18, United States Code).
       ``(3) Travel expenses.--Non-Federal members of the Users 
     Board while engaged in the performance of their duties away 
     from their homes or regular places of business, may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code.''.

     SEC. 2003. EFFICIENCY OF REVENUE COLLECTION.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     prepare a report on the efficiency of collecting the fuel tax 
     for the Inland Waterways Trust Fund, which shall include--
       (1) an evaluation of whether current methods of collection 
     of the fuel tax result in full compliance with requirements 
     of the law;
       (2) whether alternative methods of collection would result 
     in increased revenues into the Inland Waterways Trust Fund; 
     and
       (3) an evaluation of alternative collection options.

     SEC. 2004. INLAND WATERWAYS REVENUE STUDIES.

       (a) Inland Waterways Construction Bonds Study.--
       (1) Study.--The Secretary, in coordination with the heads 
     of appropriate Federal agencies, shall conduct a study on the 
     potential benefits and implications of authorizing the 
     issuance of federally tax-exempt bonds secured against the 
     available proceeds, including projected annual receipts, in 
     the Inland Waterways Trust Fund established by section 
     9506(a) of the Internal Revenue Code of 1986.
       (2) Contents.--In carrying out the study, the Secretary 
     shall examine the implications of issuing such bonds, 
     including the potential revenues that could be generated and 
     the projected net cost to the Treasury, including loss of 
     potential revenue.
       (3) Consultation.--In carrying out the study, the 
     Secretary, at a minimum, shall consult with--
       (A) representatives of the Inland Waterway Users Board 
     established by section 302 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2251);
       (B) representatives of the commodities and bulk cargos that 
     are currently shipped for commercial purposes on the segments 
     of the inland and intracoastal waterways listed in section 
     206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 
     1804);
       (C) representatives of other users of locks and dams on the 
     inland and intracoastal waterways, including persons owning, 
     operating, using, or otherwise benefitting from--
       (i) hydropower generation facilities;
       (ii) electric utilities that rely on the waterways for 
     cooling of existing electricity generation facilities;
       (iii) municipal and industrial water supply;
       (iv) recreation;
       (v) irrigation water supply; or
       (vi) flood damage reduction; and
       (D) other stakeholders associated with the inland and 
     intracoastal waterways, as identified by the Secretary.
       (4) Report to congress.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works, the Committee on 
     Finance, and the Committee on the Budget of the Senate and 
     the Committee on Transportation and Infrastructure, the 
     Committee on Ways and Means, and the Committee on the Budget 
     of the House of Representatives, and make publicly available, 
     a report on the results of the study.
       (B) Identification of issues.--As part of the report, the 
     Secretary shall identify any potential benefits or other 
     implications of the issuance of bonds described in subsection 
     (a)(1), including any potential changes in Federal or State 
     law that may be necessary to provide such benefits or to 
     address such implications.
       (b) Potential Revenue Sources for Inland and Intracoastal 
     Waterways Infrastructure.--
       (1) In general.--The Secretary shall conduct a study and 
     submit to Congress a report on potential revenue sources from 
     which funds could be collected to generate additional 
     revenues for the Inland Waterways Trust Fund established by 
     section 9506(a) of the Internal Revenue Code of 1986.
       (2) Scope of study.--
       (A) In general.--In carrying out the study, the Secretary 
     shall evaluate an array of potential revenue sources from 
     which funds could be collected in amounts that, when combined 
     with funds generated by section 4042 of the Internal Revenue 
     Code of 1986, are sufficient to support one-half of annual 
     construction expenditure levels of $380,000,000 for the 
     authorized purposes of the Inland Waterways Trust Fund.
       (B) Potential revenue sources for study.--In carrying out 
     the study, the Secretary, at a minimum, shall--
       (i) evaluate potential revenue sources identified in and 
     documented by known authorities of the Inland Waterways 
     System; and
       (ii) review appropriate reports and associated literature 
     related to revenue sources.
       (3) Conduct of study.--In carrying out the study, the 
     Secretary shall--
       (A) take into consideration whether the potential revenues 
     from other sources--
       (i) are equitably associated with the construction, 
     operation, and maintenance of inland and intracoastal 
     waterway infrastructure, including locks, dams, and 
     navigation channels; and
       (ii) can be efficiently collected;
       (B) consult with, at a minimum--
       (i) representatives of the Inland Waterways Users Board; 
     and
       (ii) representatives of other nonnavigation beneficiaries 
     of inland and intracoastal waterway infrastructure, including 
     persons benefitting from--

       (I) municipal water supply;
       (II) hydropower;
       (III) recreation;
       (IV) industrial water supply;
       (V) flood damage reduction;
       (VI) agricultural water supply;
       (VII) environmental restoration;
       (VIII) local and regional economic development; or
       (IX) local real estate interests; and

       (iii) representatives of other interests, as identified by 
     the Secretary; and
       (C) provide the opportunity for public hearings in each of 
     the geographic regions that contain segments of the inland 
     and intracoastal waterways listed in section 206 of the 
     Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
       (4) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Environment and Public Works, the Committee 
     on Finance, and the Committee on the Budget of the Senate and 
     the Committee on Transportation and Infrastructure, the 
     Committee on Ways and Means, and the Committee on the Budget 
     of the House of Representatives, and make publicly available, 
     a report on the results of the study.

     SEC. 2005. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE.

       (a) In General.--The Secretary shall conduct an inland 
     waterways stakeholder roundtable to provide for a review and 
     evaluation of issues related to financial management of the 
     inland and intracoastal waterways.
       (b) Selection of Participants.--
       (1) In general.--Not later than 45 days after the date on 
     which the Secretary submits to Congress the report required 
     by section 2004(b), the Secretary, in consultation with the 
     Inland Waterways Users Board, shall select individuals to be 
     invited to participate in the stakeholder roundtable.
       (2) Composition.--The individuals selected under paragraph 
     (1) shall include--
       (A) representatives of the primary users, shippers, and 
     suppliers utilizing the inland and intracoastal waterways for 
     commercial purposes;
       (B) representatives of State and Federal agencies having a 
     direct and substantial interest in the commercial use of the 
     inland and intracoastal waterways;
       (C) representatives of other nonnavigation beneficiaries of 
     the inland and intracoastal waterways infrastructure, 
     including individuals benefitting from--
       (i) municipal water supply;
       (ii) hydropower;
       (iii) recreation;
       (iv) industrial water supply;
       (v) flood damage reduction;
       (vi) agricultural water supply;
       (vii) environmental restoration;
       (viii) local and regional economic development; or
       (ix) local real estate interests; and
       (D) other interested individuals with significant financial 
     and engineering expertise and direct knowledge of the inland 
     and coastal waterways.
       (c) Framework and Agenda.--The Secretary shall work with a 
     group of the individuals selected under subsection (b) to 
     develop the framework and agenda for the stakeholder 
     roundtable.
       (d) Conduct of Stakeholder Roundtable.--
       (1) In general.--Not later than 120 days after the date on 
     which the Secretary submits to Congress the report required 
     by section 2004(b), the Secretary shall conduct the 
     stakeholder roundtable.
       (2) Issues to be discussed.--The stakeholder roundtable 
     shall provide for the review and evaluation described in 
     subsection (a) and shall include the following:
       (A) An evaluation of any recommendations that have been 
     developed to address funding options for the inland and 
     coastal waterways, including any recommendations in the 
     report required under section 2004(b).
       (B) An evaluation of the funding status of the inland and 
     coastal waterways.
       (C) Identification and evaluation of the ongoing and 
     projected water infrastructure needs of the inland and 
     coastal waterways.
       (D) Identification of a process for meeting such needs, 
     with timeline for addressing the funding challenges for the 
     Inland Waterways Trust Fund.
       (e) Report to Congress.--Not later than 180 days after the 
     date on which the Secretary submits to Congress the report 
     required by section 2004(b), the Secretary shall submit to 
     Congress and make publicly available a report that contains--
       (1) a summary of the stakeholder roundtable, including 
     areas of concurrence on funding approaches and areas of 
     disagreement in meeting funding needs; and
       (2) recommendations developed by the Secretary for next 
     steps to address the issues discussed at the stakeholder 
     roundtable.

     SEC. 2006. PRESERVING THE INLAND WATERWAY TRUST FUND.

       (a) Olmsted Project Reform.--
       (1) Definition of olmsted project.--In this subsection, the 
     term ``Olmsted Project'' means the project for navigation, 
     Lower Ohio River, Locks and Dams 52 and 53, Illinois and 
     Kentucky, authorized by section 3(a)(6) of the Water 
     Resources Development Act of 1988 (102 Stat. 4013).
       (2) Olmsted project reform.--Notwithstanding section 
     3(a)(6) of the Water Resources Development Act of 1988 (102 
     Stat. 4013), for each fiscal year beginning after September 
     30, 2014, 15 percent of the cost of construction for

[[Page H4085]]

     the Olmsted Project shall be paid from amounts appropriated 
     from the Inland Waterways Trust Fund.
       (3) Sense of congress.--It is the sense of Congress that 
     the appropriation for the Olmsted Project should be not less 
     than $150,000,000 for each fiscal year until construction of 
     the project is completed.
       (4) Rehabilitation of projects.--Section 205(1)(E)(ii) of 
     the Water Resources Development Act of 1992 (33 U.S.C. 
     2327(1)(E)(ii)) is amended by striking ``$8,000,000'' and 
     inserting ``$20,000,000''.

     SEC. 2007. INLAND WATERWAYS OVERSIGHT.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     regarding the lessons learned from the experience of planning 
     and constructing the Olmsted Project and how such lessons 
     might apply to future inland waterway studies and projects.
       (b) Annual Financial Review.--For any inland waterways 
     project that the Secretary carries out that has an estimated 
     total cost of $500,000,000 or more, the Secretary shall 
     submit to the congressional committees referred to in 
     subsection (a) an annual financial plan for the project. The 
     plan shall be based on detailed annual estimates of the cost 
     to complete the remaining elements of the project and on 
     reasonable assumptions, as determined by the Secretary, of 
     any future increases of the cost to complete the project.
       (c) Government Accountability Office Report.--As soon as 
     practicable after the date of enactment of this Act, the 
     Comptroller General of the United States shall conduct, and 
     submit to Congress a report describing the results of, a 
     study to determine why, and to what extent, the project for 
     navigation, Lower Ohio River, Locks and Dams 52 and 53, 
     Illinois and Kentucky (commonly known as the ``Olmsted Locks 
     and Dam project''), authorized by section 3(a)(6) of the 
     Water Resources Development Act of 1988 (102 Stat. 4013), has 
     exceeded the budget for the project and the reasons why the 
     project failed to be completed as scheduled, including an 
     assessment of--
       (1) engineering methods used for the project;
       (2) the management of the project;
       (3) contracting for the project;
       (4) the cost to the United States of benefits foregone due 
     to project delays; and
       (5) such other contributory factors as the Comptroller 
     General determines to be appropriate.

     SEC. 2008. ASSESSMENT OF OPERATION AND MAINTENANCE NEEDS OF 
                   THE ATLANTIC INTRACOASTAL WATERWAY AND THE GULF 
                   INTRACOASTAL WATERWAY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall assess the 
     operation and maintenance needs of the Atlantic Intracoastal 
     Waterway and the Gulf Intracoastal Waterway.
       (b) Types of Activities.--In carrying out subsection (a), 
     the Secretary shall assess the operation and maintenance 
     needs of the Atlantic Intracoastal Waterway and the Gulf 
     Intracoastal Waterway as used for the following purposes:
       (1) Commercial navigation.
       (2) Commercial fishing.
       (3) Subsistence, including utilization by Indian tribes (as 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b)) for subsistence 
     and ceremonial purposes.
       (4) Use as ingress and egress to harbors of refuge.
       (5) Transportation of persons.
       (6) Purposes relating to domestic energy production, 
     including fabrication, servicing, and supply of domestic 
     offshore energy production facilities.
       (7) Activities of the Secretary of the department in which 
     the Coast Guard is operating.
       (8) Public health and safety related equipment for 
     responding to coastal and inland emergencies.
       (9) Recreation purposes.
       (10) Any other authorized purpose.
       (c) Report to Congress.--For fiscal year 2015, and 
     biennially thereafter, in conjunction with the annual budget 
     submission by the President to Congress under section 1105(a) 
     of title 31, United States Code, the Secretary shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives and make publicly available a 
     report that, with respect to the Atlantic Intracoastal 
     Waterway and the Gulf Intracoastal Waterway--
       (1) identifies the operation and maintenance costs required 
     to achieve the authorized length, width, and depth;
       (2) identifies the amount of funding requested in the 
     President's budget for operation and maintenance costs; and
       (3) identifies the unmet operation and maintenance needs of 
     the Atlantic Intracoastal Waterway and the Gulf Intracoastal 
     Waterway.

     SEC. 2009. INLAND WATERWAYS RIVERBANK STABILIZATION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and biennially thereafter, the 
     Secretary shall conduct a study to determine the feasibility 
     of--
       (1) carrying out projects for the inland and intracoastal 
     waterways for purposes of--
       (A) flood damage reduction;
       (B) emergency streambank and shoreline protection; and
       (C) prevention and mitigation of shore damages attributable 
     to navigation improvements; and
       (2) modifying projects for the inland and intracoastal 
     waterways for the purpose of improving the quality of the 
     environment.
       (b) Recommendations.--In conducting the study, the 
     Secretary shall develop specific project recommendations and 
     prioritize those recommendations based on--
       (1) the extent of damage and land loss resulting from 
     riverbank erosion;
       (2) the rate of erosion;
       (3) the significant threat of future flood risk to public 
     property, public infrastructure, or public safety;
       (4) the destruction of natural resources or habitats; and
       (5) the potential cost savings for maintenance of the 
     channel.
       (c) Disposition.--The Secretary may carry out any project 
     identified in the study conducted pursuant to subsection (a) 
     in accordance with the criteria for projects carried out 
     under one of the following authorities:
       (1) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r).
       (2) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s).
       (3) Section 111 of the River and Harbor Act of 1968 (33 
     U.S.C. 426i).
       (4) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (d) Annual Report.--For a project recommended pursuant to 
     the study that cannot be carried out under any of the 
     authorities specified in subsection (c), upon a determination 
     by the Secretary of the feasibility of the project, the 
     Secretary may include a recommendation concerning the project 
     in the annual report submitted to Congress under section 
     7001.

     SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION.

       (a) Definition of Upper St. Anthony Falls Lock and Dam.--In 
     this section, the term ``Upper St. Anthony Falls Lock and 
     Dam'' means the lock and dam located on Mississippi River 
     Mile 853.9 in Minneapolis, Minnesota.
       (b) Mandatory Closure.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall close the 
     Upper St. Anthony Falls Lock and Dam.
       (c) Emergency Operations.--Nothing in this section prevents 
     the Secretary from carrying out emergency lock operations 
     necessary to mitigate flood damage.

     SEC. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY 
                   DEVELOPMENT.

       Section 1117 of the Water Resources Development Act of 1986 
     (100 Stat. 4236) is amended to read as follows:

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

       ``(a) In General.--The Cherokee Nation of Oklahoma may--
       ``(1) design and construct one or more hydroelectric 
     generating facilities at the W.D. Mayo Lock and Dam on the 
     Arkansas River, Oklahoma; and
       ``(2) market the electricity generated from any such 
     facility.
       ``(b) Preconstruction Requirements.--
       ``(1) Permits.--Before the date on which construction of a 
     hydroelectric generating facility begins under subsection 
     (a), the Cherokee Nation shall obtain any permit required 
     under Federal or State law, except that the Cherokee Nation 
     shall be exempt from licensing requirements that may 
     otherwise apply to construction, operation, or maintenance of 
     the facility under the Federal Power Act (16 U.S.C. 791a et 
     seq.).
       ``(2) Review of plans and specifications.--The Cherokee 
     Nation may initiate the design or construction of a 
     hydroelectric generating facility under subsection (a) only 
     after the Secretary reviews and approves the plans and 
     specifications for the design and construction.
       ``(c) Payment of Design and Construction Costs.--
       ``(1) In general.--The Secretary may accept funds offered 
     by the Cherokee Nation and use such funds to carry out the 
     design and construction of a hydroelectric generating 
     facility under subsection (a).
       ``(2) Allocation of costs.--The Cherokee Nation shall--
       ``(A) bear all costs associated with the design and 
     construction of a hydroelectric generating facility under 
     subsection (a); and
       ``(B) provide any funds necessary for the design and 
     construction to the Secretary prior to the Secretary 
     initiating any activities related to the design and 
     construction.
       ``(d) Assumption of Liability.--The Cherokee Nation shall--
       ``(1) hold all title to a hydroelectric generating facility 
     constructed under subsection (a) and may, subject to the 
     approval of the Secretary, assign such title to a third 
     party;
       ``(2) be solely responsible for--
       ``(A) the operation, maintenance, repair, replacement, and 
     rehabilitation of the facility; and
       ``(B) the marketing of the electricity generated by the 
     facility; and
       ``(3) release and indemnify the United States from any 
     claims, causes of action, or liabilities that may arise out 
     of any activity undertaken to carry out this section.
       ``(e) Assistance Available.--The Secretary may provide 
     technical and construction management assistance requested by 
     the Cherokee Nation relating to the design and construction 
     of a hydroelectric generating facility under subsection (a).
       ``(f) Third Party Agreements.--The Cherokee Nation may 
     enter into agreements with the Secretary or a third party 
     that the Cherokee Nation or the Secretary determines are 
     necessary to carry out this section.''.

     SEC. 2012. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

       Section 2 of the Freedom to Fish Act (127 Stat. 449) is 
     amended--

[[Page H4086]]

       (1) in subsection (b)(1) by striking ``2 years after the 
     date of enactment of this Act'' and inserting ``4 years after 
     the date of enactment of the Water Resources Reform and 
     Development Act of 2014'';
       (2) in the heading of subsection (c) by inserting ``or 
     Modified'' after ``New''; and
       (3) in subsection (c)--
       (A) in matter preceding paragraph (1) by inserting ``new or 
     modified'' after ``establishes any''; and
       (B) in paragraph (3) by striking ``2 years after the date 
     of enactment of this Act'' and inserting ``4 years after the 
     date of enactment of the Water Resources Reform and 
     Development Act of 2014''.

     SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND 
                   WATERWAYS.

       Section 102 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2212) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Floodgates on the Inland Waterways.--
       ``(1) Operation and maintenance carried out by the 
     secretary.--Notwithstanding any other provision of law, the 
     Secretary shall be responsible for the operation and 
     maintenance, including repair, of any flood gate, as well as 
     any pumping station constructed within the channel as a 
     single unit with that flood gate, that--
       ``(A) was constructed as of the date of enactment of the 
     Water Resources Reform and Development Act of 2014 as a 
     feature of an authorized hurricane and storm damage reduction 
     project; and
       ``(B) crosses an inland or intracoastal waterway described 
     in section 206 of the Inland Waterways Revenue Act of 1978 
     (33 U.S.C. 1804).
       ``(2) Non-federal cost share.--The non-Federal share of the 
     cost of operation, maintenance, repair, rehabilitation, and 
     replacement of any structure under this subsection shall be 
     35 percent.''.

                Subtitle B--Port and Harbor Maintenance

     SEC. 2101. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       (a) Definitions.--In this section:
       (1) Total amount of harbor maintenance taxes received.--The 
     term ``total amount of harbor maintenance taxes received'' 
     means, with respect to a fiscal year, the aggregate of 
     amounts appropriated, transferred, or credited to the Harbor 
     Maintenance Trust Fund under section 9505(a) of the Internal 
     Revenue Code of 1986 for that fiscal year as set forth in the 
     current year estimate provided in the President's budget 
     request for the subsequent fiscal year, submitted pursuant to 
     section 1105 of title 31, United States Code.
       (2) Total budget resources.--The term ``total budget 
     resources'' means the total amount made available by 
     appropriations Acts from the Harbor Maintenance Trust Fund 
     for a fiscal year for making expenditures under section 
     9505(c) of the Internal Revenue Code of 1986.
       (b) Target Appropriations.--
       (1) In general.--The target total budget resources made 
     available to the Secretary from the Harbor Maintenance Trust 
     Fund for a fiscal year shall be not less than the following:
       (A) For fiscal year 2015, 67 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2014.
       (B) For fiscal year 2016, 69 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2015.
       (C) For fiscal year 2017, 71 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2016.
       (D) For fiscal year 2018, 74 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2017.
       (E) For fiscal year 2019, 77 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2018.
       (F) For fiscal year 2020, 80 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2019.
       (G) For fiscal year 2021, 83 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2020.
       (H) For fiscal year 2022, 87 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2021.
       (I) For fiscal year 2023, 91 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2022.
       (J) For fiscal year 2024, 95 percent of the total amount of 
     harbor maintenance taxes received in fiscal year 2023.
       (K) For fiscal year 2025, and each fiscal year thereafter, 
     100 percent of the total amount of harbor maintenance taxes 
     received in the previous fiscal year.
       (2) Use of amounts.--The total budget resources described 
     in paragraph (1) may be used only for making expenditures 
     under section 9505(c) of the Internal Revenue Code of 1986.
       (c) Impact on Other Funds.--
       (1) Sense of congress.--It is the sense of Congress that 
     any increase in funding for harbor maintenance programs under 
     this section shall result from an overall increase in 
     appropriations for the civil works program of the Corps of 
     Engineers and not from reductions in the appropriations for 
     other programs, projects, and activities carried out by the 
     Corps of Engineers for other authorized purposes.
       (2) Application.--The target total budget resources for a 
     fiscal year specified in subsection (b)(1) shall only apply 
     in a fiscal year for which the level of appropriations 
     provided for the civil works program of the Corps of 
     Engineers in that fiscal year is increased, as compared to 
     the previous fiscal year, by a dollar amount that is at least 
     equivalent to the dollar amount necessary to address such 
     target total budget resources in that fiscal year.

     SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.

       (a) In General.--Section 210 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2238) is amended by adding 
     at the end the following:
       ``(c) Operation and Maintenance of Harbor Projects.--
       ``(1) In general.--To the maximum extent practicable, the 
     Secretary shall make expenditures to pay for operation and 
     maintenance costs of the harbors and inland harbors referred 
     to in subsection (a)(2), including expenditures of funds 
     appropriated from the Harbor Maintenance Trust Fund, based on 
     an equitable allocation of funds among all such harbors and 
     inland harbors.
       ``(2) Criteria.--
       ``(A) In general.--In determining an equitable allocation 
     of funds under paragraph (1), the Secretary shall--
       ``(i) consider the information obtained in the assessment 
     conducted under subsection (e);
       ``(ii) consider the national and regional significance of 
     harbor operations and maintenance; and
       ``(iii) as appropriate, consider national security and 
     military readiness needs.
       ``(B) Limitation.--The Secretary shall not allocate funds 
     under paragraph (1) based solely on the tonnage transiting 
     through a harbor.
       ``(3) Emerging harbor projects.--Notwithstanding any other 
     provision of this subsection, in making expenditures under 
     paragraph (1) for each of fiscal years 2015 through 2022, the 
     Secretary shall allocate for operation and maintenance costs 
     of emerging harbor projects an amount that is not less than 
     10 percent of the funds made available under this section for 
     fiscal year 2012 to pay the costs described in subsection 
     (a)(2).
       ``(4) Management of great lakes navigation system.--To 
     sustain effective and efficient operation and maintenance of 
     the Great Lakes Navigation System, including any navigation 
     feature in the Great Lakes that is a Federal responsibility 
     with respect to operation and maintenance, the Secretary 
     shall manage all of the individually authorized projects in 
     the Great Lakes Navigation System as components of a single, 
     comprehensive system, recognizing the interdependence of the 
     projects.
       ``(d) Prioritization.--
       ``(1) Priority.--
       ``(A) In general.--For each of fiscal years 2015 through 
     2024, if priority funds are available, the Secretary shall 
     use the priority funds as follows:
       ``(i) 90 percent of the priority funds shall be used for 
     high- and moderate-use harbor projects.
       ``(ii) 10 percent of the priority funds shall be used for 
     emerging harbor projects.
       ``(B) Additional considerations.--For each of fiscal years 
     2015 through 2024, of the priority funds available, the 
     Secretary shall use--
       ``(i) not less than 5 percent of such funds for underserved 
     harbor projects; and
       ``(ii) not less than 10 percent of such funds for projects 
     that are located within the Great Lakes Navigation System.
       ``(C) Underserved harbors.--In determining which 
     underserved harbor projects shall receive funds under this 
     paragraph, the Secretary shall consider--
       ``(i) the total quantity of commerce supported by the water 
     body on which the project is located; and
       ``(ii) the minimum width and depth that--

       ``(I) would be necessary at the underserved harbor project 
     to provide sufficient clearance for fully loaded commercial 
     vessels using the underserved harbor project to maneuver 
     safely; and
       ``(II) does not exceed the constructed width and depth of 
     the authorized navigation project.

       ``(2) Expanded uses.--
       ``(A) Definition of eligible harbor or inland harbor 
     defined.--In this paragraph, the term `eligible harbor or 
     inland harbor' means a harbor or inland harbor at which the 
     total amount of harbor maintenance taxes collected in the 
     immediately preceding 3 fiscal years exceeds the value of the 
     work carried out for the harbor or inland harbor using 
     amounts from the Harbor Maintenance Trust Fund during those 3 
     fiscal years.
       ``(B) Use of expanded uses funds.--
       ``(i) Fiscal years 2015 through 2024.--For each of fiscal 
     years 2015 through 2024, of the priority funds available, the 
     Secretary shall use not less than 10 percent of such funds 
     for expanded uses carried out at an eligible harbor or inland 
     harbor.
       ``(ii) Subsequent fiscal years.--For fiscal year 2025 and 
     each fiscal year thereafter, the Secretary shall use not less 
     than 10 percent of the priority funds available for expanded 
     uses carried out at an eligible harbor or inland harbor.
       ``(C) Prioritization.--In allocating funds under this 
     paragraph, the Secretary shall give priority to projects at 
     eligible harbors or inland harbors for which the difference, 
     calculated in dollars, is greatest between--
       ``(i) the total amount of funding made available for 
     projects at that eligible harbor or inland harbor from the 
     Harbor Maintenance Trust Fund in the immediately preceding 3 
     fiscal years; and
       ``(ii) the total amount of harbor maintenance taxes 
     collected at that harbor or inland harbor in the immediately 
     preceding 3 fiscal years.
       ``(3) Remaining funds.--
       ``(A) In general.--For each of fiscal years 2015 through 
     2024, if after fully funding all projects eligible for 
     funding under paragraphs (1)(B) and (2)(B)(i), priority funds 
     made available under those paragraphs remain unobligated, the 
     Secretary shall use those remaining funds to pay for 
     operation and maintenance costs of any harbor or inland 
     harbor referred to

[[Page H4087]]

     in subsection (a)(2) based on an equitable allocation of 
     those funds among the harbors and inland harbors.
       ``(B) Criteria.--In determining an equitable allocation of 
     funds under subparagraph (A), the Secretary shall--
       ``(i) use the criteria specified in subsection (c)(2)(A); 
     and
       ``(ii) make amounts available in accordance with the 
     requirements of paragraph (1)(A).
       ``(4) Emergency expenditures.--Nothing in this subsection 
     prohibits the Secretary from making an expenditure to pay for 
     the operation and maintenance costs of a specific harbor or 
     inland harbor, including the transfer of funding from the 
     operation and maintenance of a separate project, if--
       ``(A) the Secretary determines that the action is necessary 
     to address the navigation needs of a harbor or inland harbor 
     where safe navigation has been severely restricted due to an 
     unforeseen event; and
       ``(B) the Secretary provides within 90 days of the action 
     notice and information on the need for the action to the 
     Committee on Environment and Public Works and the Committee 
     on Appropriations of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives.
       ``(e) Assessment of Harbors and Inland Harbors.--
       ``(1) In general.--Not later than 270 days after the date 
     of enactment of this subsection, and biennially thereafter, 
     the Secretary shall assess the operation and maintenance 
     needs and uses of the harbors and inland harbors referred to 
     in subsection (a)(2).
       ``(2) Assessment of harbor needs and activities.--
       ``(A) Total operation and maintenance needs of harbors.--In 
     carrying out paragraph (1), the Secretary shall identify--
       ``(i) the total future costs required to achieve and 
     maintain the constructed width and depth for the harbors and 
     inland harbors referred to in subsection (a)(2); and
       ``(ii) the total expected costs for expanded uses at 
     eligible harbors or inland harbors referred to in subsection 
     (d)(2).
       ``(B) Uses of harbors and inland harbors.--In carrying out 
     paragraph (1), the Secretary shall identify current uses 
     (and, to the extent practicable, assess the national, 
     regional, and local benefits of such uses) of harbors and 
     inland harbors referred to in subsection (a)(2), including 
     the use of those harbors for--
       ``(i) commercial navigation, including the movement of 
     goods;
       ``(ii) domestic trade;
       ``(iii) international trade;
       ``(iv) commercial fishing;
       ``(v) subsistence, including use by Indian tribes (as 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b)) for subsistence 
     and ceremonial purposes;
       ``(vi) use as a harbor of refuge;
       ``(vii) transportation of persons;
       ``(viii) purposes relating to domestic energy production, 
     including the fabrication, servicing, or supply of domestic 
     offshore energy production facilities;
       ``(ix) activities of the Secretary of the department in 
     which the Coast Guard is operating;
       ``(x) activities of the Secretary of the Navy;
       ``(xi) public health and safety related equipment for 
     responding to coastal and inland emergencies;
       ``(xii) recreation purposes; and
       ``(xiii) other authorized purposes.
       ``(3) Report to congress.--
       ``(A) In general.--For fiscal year 2016, and biennially 
     thereafter, in conjunction with the President's annual budget 
     submission to Congress under section 1105(a) of title 31, 
     United States Code, the Secretary shall submit to the 
     Committee on Environment and Public Works and the Committee 
     on Appropriations of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives a report that, 
     with respect to harbors and inland harbors referred to in 
     subsection (a)(2)--
       ``(i) identifies the operation and maintenance costs 
     associated with the harbors and inland harbors, including 
     those costs required to achieve and maintain the constructed 
     width and depth for the harbors and inland harbors and the 
     costs for expanded uses at eligible harbors and inland 
     harbors, on a project-by-project basis;
       ``(ii) identifies the amount of funding requested in the 
     President's budget for the operation and maintenance costs 
     associated with the harbors and inland harbors, on a project-
     by-project basis;
       ``(iii) identifies the unmet operation and maintenance 
     needs associated with the harbors and inland harbors, on a 
     project-by-project basis; and
       ``(iv) identifies the harbors and inland harbors for which 
     the President will allocate funding over the subsequent 5 
     fiscal years for operation and maintenance activities, on a 
     project-by-project basis, including the amounts to be 
     allocated for such purposes.
       ``(B) Public availability.--The Secretary shall make the 
     report submitted under subparagraph (A) available to the 
     public, including on the Internet.
       ``(f) Definitions.--In this section:
       ``(1) Constructed width and depth.--The term `constructed 
     width and depth' means the width and depth to which a project 
     has been constructed, which may not exceed the authorized 
     width and depth of the project.
       ``(2) Emerging harbor project.--The term `emerging harbor 
     project' means a project that is assigned to a harbor or 
     inland harbor referred to in subsection (a)(2) that transits 
     less than 1,000,000 tons of cargo annually.
       ``(3) Expanded uses.--The term `expanded uses' means the 
     following activities:
       ``(A) The maintenance dredging of a berth in a harbor that 
     is accessible to a Federal navigation project and that 
     benefits commercial navigation at the harbor.
       ``(B) The maintenance dredging and disposal of legacy-
     contaminated sediment, and sediment unsuitable for open water 
     disposal, if--
       ``(i) such dredging and disposal benefits commercial 
     navigation at the harbor; and
       ``(ii) such sediment is located in and affects the 
     maintenance of a Federal navigation project or is located in 
     a berth that is accessible to a Federal navigation project.
       ``(4) Great lakes navigation system.--The term `Great Lakes 
     Navigation System' includes--
       ``(A)(i) Lake Superior;
       ``(ii) Lake Huron;
       ``(iii) Lake Michigan;
       ``(iv) Lake Erie; and
       ``(v) Lake Ontario;
       ``(B) all connecting waters between the lakes referred to 
     in subparagraph (A) used for commercial navigation;
       ``(C) any navigation features in the lakes referred to in 
     subparagraph (A) or waters described in subparagraph (B) that 
     are a Federal operation or maintenance responsibility; and
       ``(D) areas of the Saint Lawrence River that are operated 
     or maintained by the Federal Government for commercial 
     navigation.
       ``(5) Harbor maintenance tax.--The term `harbor maintenance 
     tax' means the amounts collected under section 4461 of the 
     Internal Revenue Code of 1986.
       ``(6) High-use harbor project.--The term `high-use harbor 
     project' means a project that is assigned to a harbor or 
     inland harbor referred to in subsection (a)(2) that transits 
     not less than 10,000,000 tons of cargo annually.
       ``(7) Moderate-use harbor project.--The term `moderate-use 
     harbor project' means a project that is assigned to a harbor 
     or inland harbor referred to in subsection (a)(2) that 
     transits annually--
       ``(A) more than 1,000,000 tons of cargo; but
       ``(B) less than 10,000,000 tons of cargo.
       ``(8) Priority funds.--The term `priority funds' means the 
     difference between--
       ``(A) the total funds that are made available under this 
     section to pay the costs described in subsection (a)(2) for a 
     fiscal year; and
       ``(B) the total funds made available under this section to 
     pay the costs described in subsection (a)(2) in fiscal year 
     2012.
       ``(9) Underserved harbor project.--
       ``(A) In general.--The term `underserved harbor project' 
     means a project that is assigned to a harbor or inland harbor 
     referred to in subsection (a)(2)--
       ``(i) that is a moderate-use harbor project or an emerging 
     harbor project;
       ``(ii) that has been maintained at less than the 
     constructed width and depth of the project during each of the 
     preceding 6 fiscal years; and
       ``(iii) for which State and local investments in 
     infrastructure have been made at those projects during the 
     preceding 6 fiscal years.
       ``(B) Administration.--For purposes of this paragraph, 
     State and local investments in infrastructure shall include 
     infrastructure investments made using amounts made available 
     for activities under section 105(a)(9) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).''.
       (b) Operation and Maintenance.--Section 101(b)(1) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     2211(b)(1)) is amended by striking ``45 feet'' and inserting 
     ``50 feet''.
       (c) Conforming Amendment.--Section 9505(c)(1) of the 
     Internal Revenue Code of 1986 is amended by striking ``(as in 
     effect on the date of the enactment of the Water Resources 
     Development Act of 1996)''.

     SEC. 2103. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE.

       Section 2033(e) of the Water Resources Development Act of 
     2007 (33 U.S.C. 2282a(e)) is amended by adding at the end the 
     following:
       ``(3) Deep draft navigation planning center of expertise.--
       ``(A) In general.--The Secretary shall consolidate deep 
     draft navigation expertise within the Corps of Engineers into 
     a deep draft navigation planning center of expertise.
       ``(B) List.--Not later than 60 days after the date of the 
     consolidation required under subparagraph (A), the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a list of the 
     grade levels and expertise of each of the personnel assigned 
     to the center described in subparagraph (A).''.

     SEC. 2104. REMOTE AND SUBSISTENCE HARBORS.

       Section 2006 of the Water Resources Development Act of 2007 
     (33 U.S.C. 2242) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B) by inserting ``or Alaska'' after 
     ``Hawaii''; and
       (B) in paragraph (2)--
       (i) by striking ``community'' and inserting ``region''; and
       (ii) by inserting ``, as determined by the Secretary, 
     including consideration of information provided by the non-
     Federal interest'' after ``improvement''; and
       (2) by adding at the end the following:
       ``(c) Prioritization.--Projects recommended by the 
     Secretary under subsection (a) shall be given equivalent 
     budget consideration and priority as projects recommended 
     solely by national economic development benefits.
       ``(d) Disposition.--
       ``(1) In general.--The Secretary may carry out any project 
     identified in the study carried out pursuant to subsection 
     (a) in accordance with the criteria for projects carried out 
     under the authority of the Secretary under section 107

[[Page H4088]]

     of the River and Harbor Act of 1960 (33 U.S.C. 577).
       ``(2) Non-federal interests.--In evaluating and 
     implementing a project under this section, the Secretary 
     shall allow a non-Federal interest to participate in the 
     financing of a project in accordance with the criteria 
     established for flood control projects under section 903(c) 
     of the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4184).
       ``(e) Annual Report.--For a project that cannot be carried 
     out under the authority specified in subsection (d), on a 
     determination by the Secretary of the feasibility of the 
     project under subsection (a), the Secretary may include a 
     recommendation concerning the project in the annual report 
     submitted to Congress under section 7001.''.

     SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.

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

     SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY 
                   TRANSFER PORTS.

       (a) Definitions.--In this section:
       (1) Cargo container.--The term ``cargo container'' means a 
     cargo container that is 1 Twenty-foot Equivalent Unit.
       (2) Donor port.--The term ``donor port'' means a port--
       (A) that is subject to the harbor maintenance fee under 
     section 24.24 of title 19, Code of Federal Regulations (or a 
     successor regulation);
       (B) at which the total amount of harbor maintenance taxes 
     collected comprise not less than $15,000,000 annually of the 
     total funding of the Harbor Maintenance Trust Fund 
     established under section 9505 of the Internal Revenue Code 
     of 1986;
       (C) that received less than 25 percent of the total amount 
     of harbor maintenance taxes collected at that port in the 
     previous 5 fiscal years; and
       (D) that is located in a State in which more than 2,000,000 
     cargo containers were unloaded from or loaded on to vessels 
     in fiscal year 2012.
       (3) Energy commodity.--The term ``energy commodity'' 
     includes--
       (A) petroleum products;
       (B) natural gas;
       (C) coal;
       (D) wind and solar energy components; and
       (E) biofuels.
       (4) Energy transfer port.--The term ``energy transfer 
     port'' means a port--
       (A) that is subject to the harbor maintenance fee under 
     section 24.24 of title 19, Code of Federal Regulation (or any 
     successor regulation); and
       (B)(i) at which energy commodities comprised greater than 
     25 percent of all commercial activity by tonnage in fiscal 
     year 2012; and
       (ii) through which more than 40,000,000 tons of cargo were 
     transported in fiscal year 2012.
       (5) Expanded uses.--The term ``expanded uses'' has the 
     meaning given the term in section 210(f) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2238(f)).
       (6) Harbor maintenance tax.--The term ``harbor maintenance 
     tax'' has the meaning given the term in section 210(f) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2238(f)).
       (b) Authority.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary may provide to donor ports and 
     energy transfer ports amounts in accordance with this 
     section.
       (2) Limitations.--Amounts provided under this section--
       (A) for energy transfer ports shall be divided equally 
     among all States with an energy transfer port; and
       (B) shall be made available to a port as either a donor 
     port or an energy transfer port and no port may receive 
     amounts as both a donor port and an energy transfer port.
       (c) Use of Funds.--Amounts provided under this section may 
     be used by a donor port or an energy transfer port--
       (1) to provide payments to importers entering cargo or 
     shippers transporting cargo through that port, as calculated 
     by U.S. Customs and Border Protection according to the amount 
     of harbor maintenance taxes collected;
       (2) for expanded uses; or
       (3) for environmental remediation related to dredging 
     berths and Federal navigation channels.
       (d) Administration of Payments.--If a donor port or an 
     energy transfer port elects to provide payments to importers 
     or shippers under subsection (c), the Secretary shall 
     transfer the amount that would otherwise be provided to the 
     port under this section that is equal to those payments to 
     the Commissioner of U.S. Customs and Border Protection to 
     provide the payments to the importers or shippers.
       (e) Report to Congress.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this section, the Secretary shall assess the 
     impact of the authority provided by this section and submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives and make publicly available a 
     report on the results of that assessment, including any 
     recommendations for amending or reauthorizing the authority.
       (2) Factors.--In carrying out the assessment under 
     paragraph (1), the Secretary shall assess--
       (A) the impact of the amounts provided and used under this 
     section on those ports that received funds under this 
     section; and
       (B) any impact on domestic harbors and ports that did not 
     receive funds under this section.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $50,000,000 for each of fiscal years 
     2015 through 2018.
       (2) Division between donor ports and energy transfer 
     ports.--For each fiscal year, amounts made available to carry 
     out this section shall be provided in equal amounts to donor 
     ports and energy transfer ports.
       (3) Additional appropriations.--If the target total budget 
     resources under subparagraphs (A) through (D) of section 
     2101(b)(1) are met for each of fiscal years 2015 through 
     2018, there is authorized to be appropriated to carry out 
     this section $50,000,000 for each of fiscal years 2019 
     through 2022.

     SEC. 2107. PRESERVING UNITED STATES HARBORS.

       (a) In General.--Upon a request from a non-Federal 
     interest, the Secretary shall review a report developed by 
     the non-Federal interest that provides an economic 
     justification for Federal investment in the operation and 
     maintenance of a federally authorized harbor or inland harbor 
     (referred to in this section as a ``federally authorized 
     harbor'').
       (b) Justification of Investment.--A report submitted under 
     subsection (a) may provide for an economic justification of 
     Federal investment in the operation and maintenance of a 
     federally authorized harbor based on--
       (1) the projected economic benefits, including 
     transportation savings and job creation; and
       (2) other factors, including navigation safety, national 
     security, and sustainability of subsistence harbors.
       (c) Written Response.--Not later than 180 days after the 
     date on which the Secretary receives a report under 
     subsection (a), the Secretary shall provide to the non-
     Federal interest a written response to the report, including 
     an assessment of the information provided by the non-Federal 
     interest.
       (d) Prioritization.--As the Secretary determines to be 
     appropriate, the Secretary may use the information provided 
     in the report under subsection (a) to justify additional 
     operation and maintenance funding for a federally authorized 
     harbor in accordance with section 101(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2211(b)).
       (e) Limitation on Statutory Construction.--Nothing in this 
     section may be construed to preclude the operation and 
     maintenance of a federally authorized harbor under section 
     101(b) of the Water Resources Development Act of 1986 (33 
     U.S.C. 2211(b)).

  TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS

                         Subtitle A--Dam Safety

     SEC. 3001. DAM SAFETY.

       (a) Administrator.--
       (1) In general.--The National Dam Safety Program Act (33 
     U.S.C. 467 et seq.) is amended by striking ``Director'' each 
     place it appears and inserting ``Administrator''.
       (2) Conforming amendment.--Section 2 of the National Dam 
     Safety Program Act (33 U.S.C. 467) is amended--
       (A) by striking paragraph (3);
       (B) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (C) by inserting before paragraph (2) (as redesignated by 
     subparagraph (B)) the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.''.
       (b) Inspection of Dams.--Section 3(b)(1) of the National 
     Dam Safety Program Act (33 U.S.C. 467a(b)(1)) is amended by 
     striking ``or maintenance'' and inserting ``maintenance, 
     condition, or provisions for emergency operations''.
       (c) National Dam Safety Program.--
       (1) Objectives.--Section 8(c) of the National Dam Safety 
     Program Act (33 U.S.C. 467f(c)) is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) develop and implement a comprehensive dam safety 
     hazard education and public awareness initiative to assist 
     the public in preparing for, mitigating, responding to, and 
     recovering from dam incidents;''.
       (2) Board.--Section 8(f)(4) of the National Dam Safety 
     Program Act (33 U.S.C. 467f(f)(4)) is amended by inserting 
     ``, representatives from nongovernmental organizations,'' 
     after ``State agencies''.
       (d) Public Awareness and Outreach for Dam Safety.--The 
     National Dam Safety Program Act (33 U.S.C. 467 et seq.) is 
     amended--
       (1) by redesignating sections 11, 12, and 13 as sections 
     12, 13, and 14, respectively; and
       (2) by inserting after section 10 (33 U.S.C. 467g-1) the 
     following:

     ``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.

       ``The Administrator, in consultation with other Federal 
     agencies, State and local governments, dam owners, the 
     emergency management

[[Page H4089]]

     community, the private sector, nongovernmental organizations 
     and associations, institutions of higher education, and any 
     other appropriate entities shall, subject to the availability 
     of appropriations, carry out a nationwide public awareness 
     and outreach initiative to assist the public in preparing 
     for, mitigating, responding to, and recovering from dam 
     incidents.''.
       (e) Authorization of Appropriations.--
       (1) National dam safety program.--
       (A) Annual amounts.--Section 14(a)(1) of the National Dam 
     Safety Program Act (33 U.S.C. 467j(a)(1)) (as so 
     redesignated) is amended by striking ``$6,500,000'' and all 
     that follows through ``2011'' and inserting ``$9,200,000 for 
     each of fiscal years 2015 through 2019''.
       (B) Maximum amount of allocation.--Section 14(a)(2)(B) of 
     the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B)) 
     (as so redesignated) is amended--
       (i) by striking ``The amount'' and inserting the following:
       ``(i) In general.--The amount''; and
       (ii) by adding at the end the following:
       ``(ii) Fiscal year 2015 and subsequent fiscal years.--For 
     fiscal year 2015 and each subsequent fiscal year, the amount 
     of funds allocated to a State under this paragraph may not 
     exceed the amount of funds committed by the State to 
     implement dam safety activities.''.
       (2) National dam inventory.--Section 14(b) of the National 
     Dam Safety Program Act (33 U.S.C. 467j(b)) (as so 
     redesignated) is amended by striking ``$650,000'' and all 
     that follows through ``2011'' and inserting ``$500,000 for 
     each of fiscal years 2015 through 2019''.
       (3) Public awareness.--Section 14 of the National Dam 
     Safety Program Act (33 U.S.C. 467j) (as so redesignated) is 
     amended--
       (A) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (B) by inserting after subsection (b) the following:
       ``(c) Public Awareness.--There is authorized to be 
     appropriated to carry out section 11 $1,000,000 for each of 
     fiscal years 2015 through 2019.''.
       (4) Research.--Section 14(d) of the National Dam Safety 
     Program Act (as so redesignated) is amended by striking 
     ``$1,600,000'' and all that follows through ``2011'' and 
     inserting ``$1,450,000 for each of fiscal years 2015 through 
     2019''.
       (5) Dam safety training.--Section 14(e) of the National Dam 
     Safety Program Act (as so redesignated) is amended by 
     striking ``$550,000'' and all that follows through ``2011'' 
     and inserting ``$750,000 for each of fiscal years 2015 
     through 2019''.
       (6) Staff.--Section 14(f) of the National Dam Safety 
     Program Act (as so redesignated) is amended by striking 
     ``$700,000'' and all that follows through ``2011'' and 
     inserting ``$1,000,000 for each of fiscal years 2015 through 
     2019''.
       (f) Technical Amendment.--Section 14 (a)(1) of the National 
     Dam Safety Program Act (33 U.S.C. 467j(a)(1)) (as so 
     redesignated) is amended by striking ``sections 7, 8, and 
     11'' and inserting ``sections 7, 8, and 12''.

                        Subtitle B--Levee Safety

     SEC. 3011. SYSTEMWIDE IMPROVEMENT FRAMEWORK.

       A levee system shall remain eligible for rehabilitation 
     assistance under the authority provided by section 5 of the 
     Act of August 18, 1941 (33 U.S.C. 701n) as long as the levee 
     system sponsor continues to make satisfactory progress, as 
     determined by the Secretary, on an approved systemwide 
     improvement framework or letter of intent.

     SEC. 3012. MANAGEMENT OF FLOOD RISK REDUCTION PROJECTS.

       (a) In General.--If 2 or more flood control projects are 
     located within the same geographic area, the Secretary shall, 
     at the request of the non-Federal interests for the affected 
     projects, consider those projects as a single program for 
     budgetary or project management purposes, if the Secretary 
     determines that doing so would not be incompatible with the 
     authorized project purposes.
       (b) Cost Share.--
       (1) In general.--If any work on a project to which 
     subsection (a) applies is required solely because of impacts 
     to that project from a navigation project, the cost of 
     carrying out that work shall be shared in accordance with the 
     cost-sharing requirements for the navigation project.
       (2) Use of amounts.--Work described in paragraph (1) may be 
     carried out using amounts made available under subsection 
     (a).

     SEC. 3013. VEGETATION MANAGEMENT POLICY.

       (a) Definition of Guidelines.--In this section, the term 
     ``guidelines'' means the Corps of Engineers policy guidelines 
     for management of vegetation on levees, including--
       (1) Engineering Technical Letter 1110-2-571 entitled 
     ``Guidelines for Landscape Planting and Vegetation Management 
     at Levees, Floodwalls, Embankment Dams, and Appurtenant 
     Structures'' and adopted April 10, 2009; and
       (2) the draft policy guidance letter entitled ``Process for 
     Requesting a Variance from Vegetation Standards for Levees 
     and Floodwalls'' (77 Fed. Reg. 9637 (Feb. 17, 2012)).
       (b) Review.--The Secretary shall carry out a comprehensive 
     review of the guidelines in order to determine whether 
     current Federal policy relating to levee vegetation is 
     appropriate for all regions of the United States.
       (c) Factors.--
       (1) In general.--In carrying out the review, the Secretary 
     shall consider--
       (A) the varied interests and responsibilities in managing 
     flood risks, including the need--
       (i) to provide the greatest benefits for public safety with 
     limited resources; and
       (ii) to ensure that levee safety investments minimize 
     environmental impacts and provide corresponding public safety 
     benefits;
       (B) the levee safety benefits that can be provided by woody 
     vegetation;
       (C) the preservation, protection, and enhancement of 
     natural resources, including--
       (i) the benefit of vegetation on levees in providing 
     habitat for species of concern, including endangered, 
     threatened, and candidate species; and
       (ii) the impact of removing levee vegetation on compliance 
     with other regulatory requirements;
       (D) protecting the rights of Indian tribes pursuant to 
     treaties and statutes;
       (E) determining how vegetation impacts the performance of a 
     levee or levee system during a storm or flood event;
       (F) the available science and the historical record 
     regarding the link between vegetation on levees and flood 
     risk;
       (G) the avoidance of actions requiring significant economic 
     costs and environmental impacts; and
       (H) other factors relating to the factors described in 
     subparagraphs (A) through (F) identified in public comments 
     that the Secretary determines to be appropriate.
       (2) Variance considerations.--
       (A) In general.--In carrying out the review, the Secretary 
     shall specifically consider factors that promote and allow 
     for consideration of variances from guidelines on a 
     Statewide, tribal, regional, or watershed basis, including 
     variances based on--
       (i) regional or watershed soil conditions;
       (ii) hydrologic factors;
       (iii) vegetation patterns and characteristics;
       (iv) environmental resources, including endangered, 
     threatened, or candidate species and related regulatory 
     requirements;
       (v) levee performance history, including historical 
     information on original construction and subsequent operation 
     and maintenance activities;
       (vi) any effects on water supply;
       (vii) any scientific evidence on the link between levee 
     vegetation and levee safety;
       (viii) institutional considerations, including 
     implementation challenges and conflicts with or violations of 
     Federal or State environmental laws;
       (ix) the availability of limited funds for levee 
     construction and rehabilitation;
       (x) the economic and environmental costs of removing woody 
     vegetation on levees; and
       (xi) other relevant factors identified in public comments 
     that the Secretary determines to be appropriate.
       (B) Scope.--The scope of a variance approved by the 
     Secretary may include a complete exemption to guidelines, if 
     appropriate.
       (d) Cooperation and Consultation; Recommendations.--
       (1) In general.--The Secretary shall carry out the review 
     under this section in consultation with other applicable 
     Federal agencies, representatives of State, regional, local, 
     and tribal governments, appropriate nongovernmental 
     organizations, and the public.
       (2) Recommendations.--
       (A) Regional integration teams.--Corps of Engineers 
     Regional Integration Teams, representing districts, 
     divisions, and headquarters, in consultation with State and 
     Federal resource agencies, and with participation by local 
     agencies, shall submit to the Secretary any recommendations 
     for vegetation management policies for levees that conform 
     with Federal and State laws and other applicable 
     requirements, including recommendations relating to the 
     review of guidelines under subsection (b) and the 
     consideration of variances under subsection (c)(2).
       (B) State, tribal, regional, and local entities.--The 
     Secretary shall consider and accept recommendations from any 
     State, tribal, regional, or local entity for vegetation 
     management policies for levees that conform with Federal and 
     State laws and other applicable requirements, including 
     recommendations relating to the review of guidelines under 
     subsection (b) and the consideration of variances under 
     subsection (c)(2).
       (e) Independent Consultation.--
       (1) In general.--As part of the review, the Secretary shall 
     solicit and consider the views of independent experts on the 
     engineering, environmental, and institutional considerations 
     underlying the guidelines, including the factors described in 
     subsection (c) and any information obtained by the Secretary 
     under subsection (d).
       (2) Availability of views.--The views of the independent 
     experts obtained under paragraph (1) shall be--
       (A) made available to the public; and
       (B) included in supporting materials issued in connection 
     with the revised guidelines required under subsection (f).
       (f) Revision of Guidelines.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall--
       (A) revise the guidelines based on the results of the 
     review, including--
       (i) recommendations received as part of the consultation 
     described in subsection (d)(1); and
       (ii) the views received under subsection (e);
       (B) provide the public not less than 30 days to review and 
     comment on draft guidelines before issuing final guidelines; 
     and
       (C) submit to Congress and make publicly available a report 
     that contains a summary of the activities of the Secretary 
     and a description of the findings of the Secretary under this 
     section.
       (2) Content; incorporation into manual.--The revised 
     guidelines shall--
       (A) provide a practical, flexible process for approving 
     Statewide, tribal, regional, or watershed variances from the 
     guidelines that--
       (i) reflect due consideration of the factors described in 
     subsection (c); and

[[Page H4090]]

       (ii) incorporate State, tribal, and regional vegetation 
     management guidelines for specific areas that--

       (I) are consistent with the guidelines; and
       (II) have been adopted through a formal public process; and

       (B) be incorporated into the manual proposed under section 
     5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)).
       (3) Failure to meet deadlines.--If the Secretary fails to 
     submit a report by the required deadline under this 
     subsection, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a detailed explanation of--
       (A) why the deadline was missed;
       (B) solutions needed to meet the deadline; and
       (C) a projected date for submission of the report.
       (g) Interim Actions.--
       (1) In general.--Until the date on which revisions to the 
     guidelines are adopted in accordance with subsection (f), the 
     Secretary shall not require the removal of existing 
     vegetation as a condition or requirement for any approval or 
     funding of a project, or any other action, unless the 
     specific vegetation has been demonstrated to present an 
     unacceptable safety risk.
       (2) Revisions.--Beginning on the date on which the 
     revisions to the guidelines are adopted in accordance with 
     subsection (f), the Secretary shall reconsider, on request of 
     an affected entity, any previous action of the Corps of 
     Engineers in which the outcome was affected by the former 
     guidelines.

     SEC. 3014. LEVEE CERTIFICATIONS.

       (a) Implementation of Flood Protection Structure 
     Accreditation Task Force.--In carrying out section 100226 of 
     Public Law 112-141 (42 U.S.C. 4101 note; 126 Stat. 942), the 
     Secretary shall--
       (1) ensure that at least 1 program activity carried out 
     under the inspection of completed works program of the Corps 
     of Engineers provides adequate information to the Secretary 
     to reach a levee accreditation decision under section 65.10 
     of title 44, Code of Federal Regulations (or successor 
     regulation); and
       (2) to the maximum extent practicable, carry out activities 
     under the inspection of completed works program of the Corps 
     of Engineers in alignment with the schedule established for 
     the national flood insurance program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.).
       (b) Accelerated Levee System Evaluations.--
       (1) In general.--On receipt of a request from a non-Federal 
     interest, the Secretary may carry out a levee system 
     evaluation of a federally authorized levee for purposes of 
     the national flood insurance program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.) if the evaluation will be carried out 
     earlier than such an evaluation would be carried out under 
     subsection (a).
       (2) Requirements.--A levee system evaluation under 
     paragraph (1) shall--
       (A) at a minimum, comply with section 65.10 of title 44, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this Act); and
       (B) be carried out in accordance with such procedures as 
     the Secretary, in consultation with the Administrator of the 
     Federal Emergency Management Agency, may establish.
       (3) Funding.--
       (A) In general.--The Secretary may use amounts made 
     available under section 22 of the Water Resources Development 
     Act of 1974 (42 U.S.C. 1962d-16) to carry out this 
     subsection.
       (B) Cost share.--The Secretary shall apply the cost share 
     under section 22(b) of the Water Resources Development Act of 
     1974 (42 U.S.C. 1962d-16(b)) to any activities carried out 
     under this subsection.

     SEC. 3015. PLANNING ASSISTANCE TO STATES.

       Section 22 of the Water Resources Development Act of 1974 
     (42 U.S.C. 1962d-16) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``or other non-Federal interest working 
     with a State'' after ``cooperate with any State''; and
       (ii) by inserting ``, including plans to comprehensively 
     address water resources challenges,'' after ``of such 
     State''; and
       (B) in paragraph (2)(A), by striking ``, at Federal 
     expense,'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``subsection (a)(1)'' 
     each place it appears and inserting ``subsection (a)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) Contributed funds.--The Secretary may accept and 
     expend funds in excess of the fees established under 
     paragraph (1) that are provided by a State or other non-
     Federal interest for assistance under this section.''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``$10,000,000'' and inserting 
     ``$30,000,000''; and
       (ii) by striking ``$2,000,000'' and inserting ``$5,000,000 
     in Federal funds''; and
       (B) in paragraph (2), by striking ``$5,000,000'' and 
     inserting ``$15,000,000''.

     SEC. 3016. LEVEE SAFETY.

       (a) Purposes.--Section 9001 of the Water Resources 
     Development Act of 2007 (33 U.S.C. 3301 note) is amended--
       (1) in the section heading, by inserting ``; PURPOSES'' 
     after ``TITLE'';
       (2) by striking ``This title'' and inserting the following:
       ``(a) Short Title.--This title''; and
       (3) by adding at the end the following:
       ``(b) Purposes.--The purposes of this title are--
       ``(1) to ensure that human lives and property that are 
     protected by new and existing levees are safe;
       ``(2) to encourage the use of appropriate engineering 
     policies, procedures, and technical practices for levee site 
     investigation, design, construction, operation and 
     maintenance, inspection, assessment, and emergency 
     preparedness;
       ``(3) to develop and support public education and awareness 
     projects to increase public acceptance and support of levee 
     safety programs and provide information;
       ``(4) to build public awareness of the residual risks 
     associated with living in levee protected areas;
       ``(5) to develop technical assistance materials, seminars, 
     and guidelines to improve the security of levees of the 
     United States; and
       ``(6) to encourage the establishment of effective State and 
     tribal levee safety programs.''.
       (b) Definitions.--Section 9002 of the Water Resources 
     Development Act of 2007 (33 U.S.C. 3301) is amended--
       (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
     and (6), as paragraphs (3), (6), (7), (14), (15), and (16), 
     respectively;
       (2) by inserting before paragraph (3) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.
       ``(2) Canal structure.--
       ``(A) In general.--The term `canal structure' means an 
     embankment, wall, or structure along a canal or manmade 
     watercourse that--
       ``(i) constrains water flows;
       ``(ii) is subject to frequent water loading; and
       ``(iii) is an integral part of a flood risk reduction 
     system that protects the leveed area from flood waters 
     associated with hurricanes, precipitation events, seasonal 
     high water, and other weather-related events.
       ``(B) Exclusion.--The term `canal structure' does not 
     include a barrier across a watercourse.'';
       (3) by inserting after paragraph (3) (as redesignated by 
     paragraph (1)) the following:
       ``(4) Floodplain management.--The term `floodplain 
     management' means the operation of a community program of 
     corrective and preventative measures for reducing flood 
     damage.
       ``(5) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b).''; and
       (4) by striking paragraph (7) (as redesignated by paragraph 
     (1)) and inserting the following:
       ``(7) Levee.--
       ``(A) In general.--The term `levee' means a manmade barrier 
     (such as an embankment, floodwall, or other structure)--
       ``(i) the primary purpose of which is to provide hurricane, 
     storm, or flood protection relating to seasonal high water, 
     storm surges, precipitation, or other weather events; and
       ``(ii) that is normally subject to water loading for only a 
     few days or weeks during a calendar year.
       ``(B) Inclusions.--The term `levee' includes a levee 
     system, including--
       ``(i) levees and canal structures that--

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

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

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

       ``(v) any shoreline protection or river bank protection 
     system (such as revetments or barrier islands).
       ``(8) Levee feature.--The term `levee feature' means a 
     structure that is critical to the functioning of a levee, 
     including--
       ``(A) an embankment section;
       ``(B) a floodwall section;
       ``(C) a closure structure;
       ``(D) a pumping station;
       ``(E) an interior drainage work; and
       ``(F) a flood damage reduction channel.
       ``(9) Levee system.--The term `levee system' means 1 or 
     more levee segments, including all levee features that are 
     interconnected and necessary to ensure protection of the 
     associated leveed areas--
       ``(A) that collectively provide flood damage reduction to a 
     defined area; and
       ``(B) the failure of 1 of which may result in the failure 
     of the entire system.
       ``(10) National levee database.--The term `national levee 
     database' means the levee database established under section 
     9004.

[[Page H4091]]

       ``(11) Participating program.--The term `participating 
     program' means a levee safety program developed by a State or 
     Indian tribe that includes the minimum components necessary 
     for recognition by the Secretary.
       ``(12) Rehabilitation.--The term `rehabilitation' means the 
     repair, replacement, reconstruction, removal of a levee, or 
     reconfiguration of a levee system, including a setback levee, 
     that is carried out to reduce flood risk or meet national 
     levee safety guidelines.
       ``(13) Risk.--The term `risk' means a measure of the 
     probability and severity of undesirable consequences.''.
       (c) Committee on Levee Safety.--Section 9003 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 3302) is 
     amended--
       (1) in subsection (b)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) Nonvoting members.--The following 2 nonvoting 
     members:
       ``(A) The Secretary (or a designee of the Secretary).
       ``(B) The Administrator (or a designee of the 
     Administrator).'';
       (B) by redesignating paragraph (3) as paragraph (2); and
       (C) in paragraph (2) (as redesignated by subparagraph (B)) 
     by inserting ``voting'' after ``14'';
       (2) by redesignating subsection (g) as subsection (h); and
       (3) by striking subsections (c) through (f) and inserting 
     the following:
       ``(c) Administration.--
       ``(1) Terms of voting members.--
       ``(A) In general.--A voting member of the committee shall 
     be appointed for a term of 3 years, except that, of the 
     members first appointed--
       ``(i) 5 shall be appointed for a term of 1 year;
       ``(ii) 5 shall be appointed for a term of 2 years; and
       ``(iii) 4 shall be appointed for a term of 3 years.
       ``(B) Reappointment.--A voting member of the committee may 
     be reappointed to the committee, as the Secretary determines 
     to be appropriate.
       ``(C) Vacancies.--A vacancy on the committee shall be 
     filled in the same manner as the original appointment was 
     made.
       ``(2) Chairperson.--
       ``(A) In general.--The voting members of the committee 
     shall appoint a chairperson from among the voting members of 
     the committee.
       ``(B) Term.--The chairperson shall serve a term of not more 
     than 2 years.
       ``(d) Standing Committees.--
       ``(1) In general.--The committee may establish standing 
     committees comprised of volunteers from all levels of 
     government and the private sector, to advise the committee 
     regarding specific levee safety issues, including 
     participating programs, technical issues, public education 
     and awareness, and safety and the environment.
       ``(2) Membership.--The committee shall recommend to the 
     Secretary for approval individuals for membership on the 
     standing committees.
       ``(e) Duties and Powers.--The committee--
       ``(1) shall submit to the Secretary and Congress an annual 
     report regarding the effectiveness of the levee safety 
     initiative in accordance with section 9006; and
       ``(2) may secure from other Federal agencies such services, 
     and enter into such contracts, as the committee determines to 
     be necessary to carry out this subsection.
       ``(f) Task Force Coordination.--The committee shall, to the 
     maximum extent practicable, coordinate the activities of the 
     committee with the Federal Interagency Floodplain Management 
     Task Force.
       ``(g) Compensation.--
       ``(1) Federal employees.--Each member of the committee who 
     is an officer or employee of the United States--
       ``(A) shall serve without compensation in addition to 
     compensation received for the services of the member as an 
     officer or employee of the United States; but
       ``(B) shall be allowed a per diem allowance for travel 
     expenses, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     committee.
       ``(2) Non-federal employees.--To the extent amounts are 
     made available to carry out this section in appropriations 
     Acts, the Secretary shall provide to each member of the 
     committee who is not an officer or employee of the United 
     States a stipend and a per diem allowance for travel 
     expenses, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in performance of services for the committee.
       ``(3) Standing committee members.--Each member of a 
     standing committee shall serve in a voluntary capacity.''.
       (d) Inventory of Levees.--Section 9004 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 3303) is 
     amended--
       (1) in subsection (a)(2)(A) by striking ``and, for non-
     Federal levees, such information on levee location as is 
     provided to the Secretary by State and local governmental 
     agencies'' and inserting ``and updated levee information 
     provided by States, Indian tribes, Federal agencies, and 
     other entities''; and
       (2) by adding at the end the following:
       ``(c) Levee Review.--
       ``(1) In general.--The Secretary shall carry out a one-time 
     inventory and review of all levees identified in the national 
     levee database.
       ``(2) No federal interest.--The inventory and inspection 
     under paragraph (1) does not create a Federal interest in the 
     construction, operation, or maintenance of any levee that is 
     included in the inventory or inspected under this subsection.
       ``(3) Review criteria.--In carrying out the inventory and 
     review, the Secretary shall use the levee safety action 
     classification criteria to determine whether a levee should 
     be classified in the inventory as requiring a more 
     comprehensive inspection.
       ``(4) State and tribal participation.--At the request of a 
     State or Indian tribe with respect to any levee subject to 
     review under this subsection, the Secretary shall--
       ``(A) allow an official of the State or Indian tribe to 
     participate in the review of the levee; and
       ``(B) provide information to the State or Indian tribe 
     relating to the location, construction, operation, or 
     maintenance of the levee.
       ``(5) Exceptions.--In carrying out the inventory and review 
     under this subsection, the Secretary shall not be required to 
     review any levee that has been inspected by a State or Indian 
     tribe using the same methodology described in paragraph (3) 
     during the 1-year period immediately preceding the date of 
     enactment of this subsection if the Governor of the State or 
     chief executive of the tribal government, as applicable, 
     requests an exemption from the review.''.
       (e) Levee Safety Initiative .--
       (1) In general.--Sections 9005 and 9006 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 3304, 3305) are 
     redesignated as sections 9007 and 9008, respectively.
       (2) Levee safety initiative.--Title IX of the Water 
     Resources Development Act of 2007 (33 U.S.C. 3301 et seq.) is 
     amended by inserting after section 9004 the following:

     ``SEC. 9005. LEVEE SAFETY INITIATIVE.

       ``(a) Establishment.--The Secretary, in consultation with 
     the Administrator, shall carry out a levee safety initiative.
       ``(b) Management.--The Secretary shall appoint--
       ``(1) an administrator of the levee safety initiative; and
       ``(2) such staff as are necessary to implement the 
     initiative.
       ``(c) Levee Safety Guidelines.--
       ``(1) Establishment.--Not later than 1 year after the date 
     of enactment of this subsection, the Secretary, in 
     consultation with the Administrator and in coordination with 
     State, local, and tribal governments and organizations with 
     expertise in levee safety, shall establish a set of 
     voluntary, comprehensive, national levee safety guidelines 
     that--
       ``(A) are available for common, uniform use by all Federal, 
     State, tribal, and local agencies;
       ``(B) incorporate policies, procedures, standards, and 
     criteria for a range of levee types, canal structures, and 
     related facilities and features; and
       ``(C) provide for adaptation to local, regional, or 
     watershed conditions.
       ``(2) Requirement.--The policies, procedures, standards, 
     and criteria under paragraph (1)(B) shall be developed taking 
     into consideration the levee hazard potential classification 
     system established under subsection (d).
       ``(3) Incorporation.--The guidelines shall address, to the 
     maximum extent practicable--
       ``(A) the activities and practices carried out by State, 
     local, and tribal governments, and the private sector to 
     safely build, regulate, operate, and maintain levees; and
       ``(B) Federal activities that facilitate State efforts to 
     develop and implement effective State programs for the safety 
     of levees, including levee inspection, levee rehabilitation, 
     locally developed floodplain management, and public education 
     and training programs.
       ``(4) Consideration by federal agencies.--To the maximum 
     extent practicable, all Federal agencies shall consider the 
     levee safety guidelines in carrying out activities relating 
     to the management of levees.
       ``(5) Public comment.--Prior to finalizing the guidelines 
     under this subsection, the Secretary shall--
       ``(A) issue draft guidelines for public comment, including 
     comment by States, non-Federal interests, and other 
     appropriate stakeholders; and
       ``(B) consider any comments received in the development of 
     final guidelines.
       ``(d) Hazard Potential Classification System.--
       ``(1) Establishment.--The Secretary shall establish a 
     hazard potential classification system for use under the 
     levee safety initiative and participating programs.
       ``(2) Revision.--The Secretary shall review and, as 
     necessary, revise the hazard potential classification system 
     not less frequently than once every 5 years.
       ``(3) Consistency.--The hazard potential classification 
     system established pursuant to this subsection shall be 
     consistent with and incorporated into the levee safety action 
     classification tool developed by the Corps of Engineers.
       ``(e) Technical Assistance and Materials.--
       ``(1) Establishment.--The Secretary, in consultation with 
     the Administrator, shall provide technical assistance and 
     training to promote levee safety and assist States, 
     communities, and levee owners in--
       ``(A) developing levee safety programs;
       ``(B) identifying and reducing flood risks associated with 
     levees;
       ``(C) identifying local actions that may be carried out to 
     reduce flood risks in leveed areas; and
       ``(D) rehabilitating, improving, replacing, reconfiguring, 
     modifying, and removing levees and levee systems.
       ``(2) Eligibility.--To be eligible to receive technical 
     assistance under this subsection, a State shall--
       ``(A) be in the process of establishing or have in effect a 
     State levee safety program under

[[Page H4092]]

     which a State levee safety agency, in accordance with State 
     law, carries out the guidelines established under subsection 
     (c)(1); and
       ``(B) allocate sufficient funds in the budget of that State 
     to carry out that State levee safety program.
       ``(3) Work plans.--The Secretary shall enter into an 
     agreement with each State receiving technical assistance 
     under this subsection to develop a work plan necessary for 
     the State levee safety program of that State to reach a level 
     of program performance that meets the guidelines established 
     under subsection (c)(1).
       ``(f) Public Education and Awareness.--
       ``(1) In general.--The Secretary, in coordination with the 
     Administrator, shall carry out public education and awareness 
     efforts relating to the levee safety initiative.
       ``(2) Contents.--In carrying out the efforts under 
     paragraph (1), the Secretary and the Administrator shall--
       ``(A) educate individuals living in leveed areas regarding 
     the risks of living in those areas; and
       ``(B) promote consistency in the transmission of 
     information regarding levees among Federal agencies and 
     regarding risk communication at the State and local levels.
       ``(g) State and Tribal Levee Safety Program.--
       ``(1) Guidelines.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, in consultation with the 
     Administrator, the Secretary shall issue guidelines that 
     establish the minimum components necessary for recognition of 
     a State or tribal levee safety program as a participating 
     program.
       ``(B) Guideline contents.--The guidelines under 
     subparagraph (A) shall include provisions and procedures 
     requiring each participating State and Indian tribe to 
     certify to the Secretary that the State or Indian tribe, as 
     applicable--
       ``(i) has the authority to participate in the levee safety 
     initiative;
       ``(ii) can receive funds under this title;
       ``(iii) has adopted any levee safety guidelines developed 
     under this title;
       ``(iv) will carry out levee inspections;
       ``(v) will carry out, consistent with applicable 
     requirements, flood risk management and any emergency action 
     planning procedures the Secretary determines to be necessary 
     relating to levees;
       ``(vi) will carry out public education and awareness 
     activities consistent with the efforts carried out under 
     subsection (f); and
       ``(vii) will collect and share information regarding the 
     location and condition of levees, including for inclusion in 
     the national levee database.
       ``(C) Public comment.--Prior to finalizing the guidelines 
     under this paragraph, the Secretary shall--
       ``(i) issue draft guidelines for public comment; and
       ``(ii) consider any comments received in the development of 
     final guidelines.
       ``(2) Assistance to states.--
       ``(A) Establishment.--The Administrator may provide 
     assistance, subject to the availability of funding specified 
     in appropriations Acts for Federal Emergency Management 
     Agency activities pursuant to this title and subject to 
     amounts available under subparagraph (E), to States and 
     Indian tribes in establishing participating programs, 
     conducting levee inventories, and improving levee safety 
     programs in accordance with subparagraph (B).
       ``(B) Requirements.--To be eligible to receive assistance 
     under this section, a State or Indian tribe shall--
       ``(i) meet the requirements of a participating program 
     established by the guidelines issued under paragraph (1);
       ``(ii) use not less than 25 percent of any amounts received 
     to identify and assess non-Federal levees within the State or 
     on land of the Indian tribe;
       ``(iii) submit to the Secretary and Administrator any 
     information collected by the State or Indian tribe in 
     carrying out this subsection for inclusion in the national 
     levee safety database; and
       ``(iv) identify actions to address hazard mitigation 
     activities associated with levees and leveed areas identified 
     in the hazard mitigation plan of the State approved by the 
     Administrator of the Federal Emergency Management Agency 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(C) Measures to assess effectiveness.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall 
     implement quantifiable performance measures and metrics to 
     assess the effectiveness of the assistance provided in 
     accordance with subparagraph (A).
       ``(ii) Considerations.--In assessing the effectiveness of 
     assistance under clause (i), the Administrator shall consider 
     the degree to which the State or tribal program--

       ``(I) ensures that human lives and property that are 
     protected by new and existing levees are safe;
       ``(II) encourages the use of appropriate engineering 
     policies, procedures, and technical practices for levee site 
     investigation, design, construction, operation and 
     maintenance, inspection, assessment, and emergency 
     preparedness;
       ``(III) develops and supports public education and 
     awareness projects to increase public acceptance and support 
     of levee safety programs and provide information;
       ``(IV) builds public awareness of the residual risks 
     associated with living in levee protected areas; and
       ``(V) develops technical assistance materials, seminars, 
     and guidelines to improve the security of levees of the 
     United States.

       ``(D) Maintenance of effort.--Technical assistance or 
     grants may not be provided to a State under this subsection 
     during a fiscal year unless the State enters into an 
     agreement with the Administrator to ensure that the State 
     will maintain during that fiscal year aggregate expenditures 
     for programs to ensure levee safety that equal or exceed the 
     average annual level of such expenditures for the State for 
     the 2 fiscal years preceding that fiscal year.
       ``(E) Authorization of appropriations.--
       ``(i) In general.--There is authorized to be appropriated 
     to the Administrator to carry out this subsection $25,000,000 
     for each of fiscal years 2015 through 2019.
       ``(ii) Allocation.--For each fiscal year, amounts made 
     available under this subparagraph shall be allocated among 
     the States and Indian tribes as follows:

       ``(I) \1/3\ among States and Indian tribes that qualify for 
     assistance under this subsection.
       ``(II) \2/3\ among States and Indian tribes that qualify 
     for assistance under this subsection, to each such State or 
     Indian tribe in the proportion that--

       ``(aa) the miles of levees in the State or on the land of 
     the Indian tribe that are listed on the inventory of levees; 
     bears to
       ``(bb) the miles of levees in all States and on the land of 
     all Indian tribes that are in the national levee database.
       ``(iii) Maximum amount of allocation.--The amounts 
     allocated to a State or Indian tribe under this subparagraph 
     shall not exceed 50 percent of the reasonable cost of 
     implementing the State or tribal levee safety program.
       ``(F) Prohibition.--No amounts made available to the 
     Administrator under this title shall be used for levee 
     construction, rehabilitation, repair, operations, or 
     maintenance.
       ``(h) Levee Rehabilitation Assistance Program.--
       ``(1) Establishment.--The Secretary shall provide 
     assistance to States, Indian tribes, and local governments 
     relating to addressing flood mitigation activities that 
     result in an overall reduction in flood risk.
       ``(2) Requirements.--To be eligible to receive assistance 
     under this subsection, a State, Indian tribe, or local 
     government shall--
       ``(A) participate in, and comply with, all applicable 
     Federal floodplain management and flood insurance programs;
       ``(B) have in place a hazard mitigation plan that--
       ``(i) includes all levee risks; and
       ``(ii) complies with the Disaster Mitigation Act of 2000 
     (Public Law 106-390; 114 Stat. 1552);
       ``(C) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require;
       ``(D) commit to provide normal operation and maintenance of 
     the project for the 50 year-period following completion of 
     rehabilitation; and
       ``(E) comply with such minimum eligibility requirements as 
     the Secretary, in consultation with the committee, may 
     establish to ensure that each owner and operator of a levee 
     under a participating State or tribal levee safety program--
       ``(i) acts in accordance with the guidelines developed 
     under subsection (c); and
       ``(ii) carries out activities relating to the public in the 
     leveed area in accordance with the hazard mitigation plan 
     described in subparagraph (B).
       ``(3) Floodplain management plans.--
       ``(A) In general.--Not later than 1 year after the date of 
     execution of a project agreement for assistance under this 
     subsection, a State, Indian tribe, or local government shall 
     prepare a floodplain management plan in accordance with the 
     guidelines under subparagraph (D) to reduce the impacts of 
     future flood events in each applicable leveed area.
       ``(B) Inclusions.--A plan under subparagraph (A) shall 
     address--
       ``(i) potential measures, practices, and policies to reduce 
     loss of life, injuries, damage to property and facilities, 
     public expenditures, and other adverse impacts of flooding in 
     each applicable leveed area;
       ``(ii) plans for flood fighting and evacuation; and
       ``(iii) public education and awareness of flood risks.
       ``(C) Implementation.--Not later than 1 year after the date 
     of completion of construction of the applicable project, a 
     floodplain management plan prepared under subparagraph (A) 
     shall be implemented.
       ``(D) Guidelines.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     consultation with the Administrator, shall develop such 
     guidelines for the preparation of floodplain management plans 
     prepared under this paragraph as the Secretary determines to 
     be appropriate.
       ``(E) Technical support.--The Secretary may provide 
     technical support for the development and implementation of 
     floodplain management plans prepared under this paragraph.
       ``(4) Use of funds.--
       ``(A) In general.--Assistance provided under this 
     subsection may be used--
       ``(i) for any rehabilitation activity to maximize overall 
     risk reduction associated with a levee under a participating 
     State or tribal levee safety program; and
       ``(ii) only for a levee that is not federally operated and 
     maintained.
       ``(B) Prohibition.--Assistance provided under this 
     subsection shall not be used--
       ``(i) to perform routine operation or maintenance for a 
     levee; or
       ``(ii) to make any modification to a levee that does not 
     result in an improvement to public safety.
       ``(5) No proprietary interest.--A contract for assistance 
     provided under this subsection shall not be considered to 
     confer any proprietary interest on the United States.
       ``(6) Cost share.--The maximum Federal share of the cost of 
     any assistance provided under this subsection shall be 65 
     percent.
       ``(7) Project limit.--The maximum amount of Federal 
     assistance for a project under this subsection shall be 
     $10,000,000.

[[Page H4093]]

       ``(8) Limitation.--A project shall not receive Federal 
     assistance under this subsection more than 1 time.
       ``(9) Federal interest.--For a project that is not a 
     project eligible for rehabilitation assistance under section 
     5 of the Act of August 18, 1941 (33 U.S.C. 701n), the 
     Secretary shall determine that the proposed rehabilitation is 
     in the Federal interest prior to providing assistance for 
     such rehabilitation.
       ``(10) Other laws.--Assistance provided under this 
     subsection shall be subject to all applicable laws (including 
     regulations) that apply to the construction of a civil works 
     project of the Corps of Engineers.
       ``(i) Effect of Section.--Nothing in this section--
       ``(1) affects the requirement under section 100226(b)(2) of 
     Public Law 112-141 (42 U.S.C. 4101 note; 126 Stat. 942); or
       ``(2) confers any regulatory authority on--
       ``(A) the Secretary; or
       ``(B) the Administrator, including for the purpose of 
     setting premium rates under the national flood insurance 
     program established under chapter 1 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4011 et seq.).

     ``SEC. 9006. REPORTS.

       ``(a) State of Levees.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, and biennially thereafter, the 
     Secretary in coordination with the committee, shall submit to 
     Congress and make publicly available a report describing the 
     state of levees in the United States and the effectiveness of 
     the levee safety initiative, including--
       ``(A) progress achieved in implementing the levee safety 
     initiative;
       ``(B) State and tribal participation in the levee safety 
     initiative;
       ``(C) recommendations to improve coordination of levee 
     safety, floodplain management, and environmental protection 
     concerns, including--
       ``(i) identifying and evaluating opportunities to 
     coordinate public safety, floodplain management, and 
     environmental protection activities relating to levees; and
       ``(ii) evaluating opportunities to coordinate environmental 
     permitting processes for operation and maintenance activities 
     at existing levee projects in compliance with all applicable 
     laws; and
       ``(D) any recommendations for legislation and other 
     congressional actions necessary to ensure national levee 
     safety.
       ``(2) Inclusion.--Each report under paragraph (1) shall 
     include a report of the committee that describes the 
     independent recommendations of the committee for the 
     implementation of the levee safety initiative.
       ``(b) National Dam and Levee Safety Program.--Not later 
     than 3 years after the date of enactment of this subsection, 
     to the maximum extent practicable, the Secretary and the 
     Administrator, in coordination with the committee, shall 
     submit to Congress and make publicly available a report that 
     includes recommendations regarding the advisability and 
     feasibility of, and potential approaches for, establishing a 
     joint national dam and levee safety program.
       ``(c) Alignment of Federal Programs Relating to Levees.--
     Not later than 2 years after the date of enactment of this 
     subsection, the Comptroller General of the United States 
     shall submit to Congress a report on opportunities for 
     alignment of Federal programs to provide incentives to State, 
     tribal, and local governments and individuals and entities--
       ``(1) to promote shared responsibility for levee safety;
       ``(2) to encourage the development of strong State and 
     tribal levee safety programs;
       ``(3) to better align the levee safety initiative with 
     other Federal flood risk management programs; and
       ``(4) to promote increased levee safety through other 
     Federal programs providing assistance to State and local 
     governments.
       ``(d) Liability for Certain Levee Engineering Projects.--
     Not later than 1 year after the date of enactment of this 
     subsection, the Secretary shall submit to Congress and make 
     publicly available a report that includes recommendations 
     that identify and address any legal liability associated with 
     levee engineering projects that prevent--
       ``(1) levee owners from obtaining needed levee engineering 
     services; or
       ``(2) development and implementation of a State or tribal 
     levee safety program.''.
       (f) Authorization of Appropriations.--Section 9008 of the 
     Water Resources Development Act of 2007 (as redesignated by 
     subsection (e)(1)) is amended--
       (1) by striking ``are'' and inserting ``is''; and
       (2) by striking ``Secretary'' and all that follows through 
     the period at the end and inserting the following:
     ``Secretary--
       ``(1) to carry out sections 9003, 9005(c), 9005(d), 
     9005(e), and 9005(f), $4,000,000 for each of fiscal years 
     2015 through 2019;
       ``(2) to carry out section 9004, $20,000,000 for each of 
     fiscal years 2015 through 2019; and
       ``(3) to carry out section 9005(h), $30,000,000 for each of 
     fiscal years 2015 through 2019.''.

     SEC. 3017. REHABILITATION OF EXISTING LEVEES.

       (a) In General.--The Secretary shall carry out measures 
     that address consolidation, settlement, subsidence, sea level 
     rise, and new datum to restore federally authorized hurricane 
     and storm damage reduction projects that were constructed as 
     of the date of enactment of this Act to the authorized levels 
     of protection of the projects if the Secretary determines the 
     necessary work is technically feasible, environmentally 
     acceptable, and economically justified.
       (b) Limitation.--This section shall only apply to those 
     projects for which the executed project partnership agreement 
     provides that the non-Federal interest is not required to 
     perform future measures to restore the project to the 
     authorized level of protection of the project to account for 
     subsidence and sea-level rise as part of the operation, 
     maintenance, repair, replacement, and rehabilitation 
     responsibilities.
       (c) Cost Share.--
       (1) In general.--The non-Federal share of the cost of 
     construction of a project carried out under this section 
     shall be determined as provided in subsections (a) through 
     (d) of section 103 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213).
       (2) Certain activities.--The non-Federal share of the cost 
     of operations, maintenance, repair, replacement, and 
     rehabilitation for a project carried out under this section 
     shall be 100 percent.
       (d) Report to Congress.--Not later than 5 years after the 
     date of enactment of this Act, the Secretary shall include in 
     the annual report developed under section 7001--
       (1) any recommendations relating to the continued need for 
     the authority provided under this section;
       (2) a description of the measures carried out under this 
     section;
       (3) any lessons learned relating to the measures 
     implemented under this section; and
       (4) best practices for carrying out measures to restore 
     hurricane and storm damage reduction projects.
       (e) Termination of Authority.--The authority of the 
     Secretary under this subsection terminates on the date that 
     is 10 years after the date of enactment of this Act.

 Subtitle C--Additional Safety Improvements and Risk Reduction Measures

     SEC. 3021. USE OF INNOVATIVE MATERIALS.

       Section 8(d) of the Water Resources Development Act of 1988 
     (33 U.S.C. 2314) is amended by striking ``materials'' and all 
     that follows through the period at the end and inserting 
     ``methods, or materials, including roller compacted concrete, 
     geosynthetic materials, and advanced composites, that the 
     Secretary determines are appropriate to carry out this 
     section.''.

     SEC. 3022. DURABILITY, SUSTAINABILITY, AND RESILIENCE.

       In carrying out the activities of the Corps of Engineers, 
     the Secretary, to the maximum extent practicable, shall 
     encourage the use of durable and sustainable materials and 
     resilient construction techniques that--
       (1) allow a water resources infrastructure project--
       (A) to resist hazards due to a major disaster; and
       (B) to continue to serve the primary function of the water 
     resources infrastructure project following a major disaster;
       (2) reduce the magnitude or duration of a disruptive event 
     to a water resources infrastructure project; and
       (3) have the absorptive capacity, adaptive capacity, and 
     recoverability to withstand a potentially disruptive event.

     SEC. 3023. STUDY ON RISK REDUCTION.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of the Interior and the Secretary of Commerce, 
     shall enter into an arrangement with the National Academy of 
     Sciences to carry out a study and make recommendations 
     relating to infrastructure and coastal restoration options 
     for reducing risk to human life and property from extreme 
     weather events, such as hurricanes, coastal storms, and 
     inland flooding.
       (b) Considerations.--The study under subsection (a) shall 
     include--
       (1) an analysis of strategies and water resources projects, 
     including authorized water resources projects that have not 
     yet been constructed, and other projects implemented in the 
     United States and worldwide to respond to risk associated 
     with extreme weather events;
       (2) an analysis of--
       (A) historical extreme weather events;
       (B) the ability of existing infrastructure to mitigate 
     risks associated with extreme weather events; and
       (C) the reduction in long-term costs and vulnerability to 
     infrastructure through the use of resilient construction 
     techniques;
       (3) identification of proven, science-based approaches and 
     mechanisms for ecosystem protection and identification of 
     natural resources likely to have the greatest need for 
     protection, restoration, and conservation so that the 
     infrastructure and restoration projects can continue 
     safeguarding the communities in, and sustaining the economy 
     of, the United States;
       (4) an estimation of the funding necessary to improve 
     infrastructure in the United States to reduce risk associated 
     with extreme weather events;
       (5) an analysis of the adequacy of current funding sources 
     and the identification of potential new funding sources to 
     finance the necessary infrastructure improvements referred to 
     in paragraph (3); and
       (6) an analysis of the Federal, State, and local costs of 
     natural disasters and the potential cost-savings associated 
     with implementing mitigation measures.
       (c) Coordination.--The National Academy of Sciences may 
     cooperate with the National Academy of Public Administration 
     to carry out 1 or more aspects of the study under subsection 
     (a).
       (d) Publication.--Not later than 30 days after completion 
     of the study under subsection (a), the National Academy of 
     Sciences shall--
       (1) submit a copy of the study to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives; and

[[Page H4094]]

       (2) make a copy of the study available on a publicly 
     accessible Internet site.

     SEC. 3024. MANAGEMENT OF FLOOD, DROUGHT, AND STORM DAMAGE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a study of the strategies 
     used by the Corps of Engineers for the comprehensive 
     management of water resources in response to floods, storms, 
     and droughts, including an historical review of the ability 
     of the Corps of Engineers to manage and respond to historical 
     drought, storm, and flood events.
       (b) Considerations.--The study under subsection (a) shall 
     address--
       (1) the extent to which existing water management 
     activities of the Corps of Engineers can better meet the goal 
     of addressing future flooding, drought, and storm damage 
     risks, which shall include analysis of all historical extreme 
     weather events that have been recorded during the previous 5 
     centuries as well as in the geological record;
       (2) whether existing water resources projects built or 
     maintained by the Corps of Engineers, including dams, levees, 
     floodwalls, flood gates, and other appurtenant infrastructure 
     were designed to adequately address flood, storm, and drought 
     impacts and the extent to which the water resources projects 
     have been successful at addressing those impacts;
       (3) any recommendations for approaches for repairing, 
     rebuilding, or restoring infrastructure, land, and natural 
     resources that consider the risks and vulnerabilities 
     associated with past and future extreme weather events;
       (4) whether a reevaluation of existing management 
     approaches of the Corps of Engineers could result in greater 
     efficiencies in water management and project delivery that 
     would enable the Corps of Engineers to better prepare for, 
     contain, and respond to flood, storm, and drought conditions;
       (5) any recommendations for improving the planning 
     processes of the Corps of Engineers to provide opportunities 
     for comprehensive management of water resources that 
     increases efficiency and improves response to flood, storm, 
     and drought conditions;
       (6) any recommendations on the use of resilient 
     construction techniques to reduce future vulnerability from 
     flood, storm, and drought conditions; and
       (7) any recommendations for improving approaches to 
     rebuilding or restoring infrastructure and natural resources 
     that contribute to risk reduction, such as coastal wetlands, 
     to prepare for flood and drought.

     SEC. 3025. POST-DISASTER WATERSHED ASSESSMENTS.

       (a) Watershed Assessments.--
       (1) In general.--In an area that the President has declared 
     a major disaster in accordance with section 401 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170), the Secretary may carry out a watershed 
     assessment to identify, to the maximum extent practicable, 
     specific flood risk reduction, hurricane and storm damage 
     reduction, ecosystem restoration, or navigation project 
     recommendations that will help to rehabilitate and improve 
     the resiliency of damaged infrastructure and natural 
     resources to reduce risks to human life and property from 
     future natural disasters.
       (2) Existing projects.--A watershed assessment carried out 
     paragraph (1) may identify existing projects being carried 
     out under 1 or more of the authorities referred to in 
     subsection (b)(1).
       (3) Duplicate watershed assessments.--In carrying out a 
     watershed assessment under paragraph (1), the Secretary shall 
     use all existing watershed assessments and related 
     information developed by the Secretary or other Federal, 
     State, or local entities.
       (b) Projects.--
       (1) In general.--The Secretary may carry out projects 
     identified under a watershed assessment under subsection (a) 
     in accordance with the criteria for projects carried out 
     under one of the following authorities:
       (A) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s).
       (B) Section 111 of the River and Harbor Act of 1968 (33 
     U.S.C. 426i).
       (C) Section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330).
       (D) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (E) Section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577).
       (F) Section 3 of the Act of August 13, 1946 (33 U.S.C. 
     426g).
       (2) Annual plan.--For each project that does not meet the 
     criteria under paragraph (1), the Secretary shall include a 
     recommendation relating to the project in the annual report 
     submitted to Congress by the Secretary in accordance with 
     section 7001.
       (3) Existing projects.--In carrying out a project under 
     paragraph (1), the Secretary shall--
       (A) to the maximum extent practicable, use all existing 
     information and studies available for the project; and
       (B) not require any element of a study completed for the 
     project prior to the disaster to be repeated.
       (c) Requirements.--All requirements applicable to a project 
     under the Acts described in subsection (b) shall apply to the 
     project.
       (d) Limitations on Assessments.--A watershed assessment 
     under subsection (a) shall be initiated not later than 2 
     years after the date on which the major disaster declaration 
     is issued.

     SEC. 3026. HURRICANE AND STORM DAMAGE REDUCTION STUDY.

       (a) In General.--As part of the study for flood and storm 
     damage reduction related to natural disasters to be carried 
     out by the Secretary under title II of division A of the 
     Disaster Relief Appropriations Act, 2013, under the heading 
     ``Department of the Army--Corps of Engineers--Civil--
     Investigations'' (127 Stat. 5), the Secretary shall make 
     specific project recommendations.
       (b) Consultation.--In making recommendations pursuant to 
     this section, the Secretary may consult with key 
     stakeholders, including State, county, and city governments, 
     and, as applicable, State and local water districts, and in 
     the case of recommendations concerning projects that 
     substantially affect communities served by historically Black 
     colleges and universities, Tribal Colleges and Universities, 
     and other minority-serving institutions, the Secretary shall 
     consult with those colleges, universities, and institutions.
       (c) Report.--The Secretary shall include any 
     recommendations of the Secretary under this section in the 
     annual report submitted to Congress by the Secretary in 
     accordance with section 7001.

     SEC. 3027. EMERGENCY COMMUNICATION OF RISK.

       (a) Definitions.--In this section:
       (1) Affected government.--The term ``affected government'' 
     means a State, local, or tribal government with jurisdiction 
     over an area that will be affected by a flood.
       (2) Annual operating plan.--The term ``annual operating 
     plan'' means a plan prepared by the Secretary that describes 
     potential water condition scenarios for a river basin for a 
     year.
       (b) Communication.--In any river basin where the Secretary 
     carries out flood risk management activities subject to an 
     annual operating plan, the Secretary shall establish 
     procedures for providing the public and affected governments, 
     including Indian tribes, in the river basin with--
       (1) timely information regarding expected water levels;
       (2) advice regarding appropriate preparedness actions;
       (3) technical assistance; and
       (4) any other information or assistance determined 
     appropriate by the Secretary.
       (c) Public Availability of Information.--To the maximum 
     extent practicable, the Secretary, in coordination with the 
     Administrator of the Federal Emergency Management Agency, 
     shall make the information required under subsection (b) 
     available to the public through widely used and readily 
     available means, including on the Internet.
       (d) Procedures.--The Secretary shall use the procedures 
     established under subsection (b) only when precipitation or 
     runoff exceeds those calculations considered as the lowest 
     risk to life and property contemplated by the annual 
     operating plan.

     SEC. 3028. SAFETY ASSURANCE REVIEW.

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

     SEC. 3029. EMERGENCY RESPONSE TO NATURAL DISASTERS.

       (a) Emergency Response to Natural Disasters.--Section 
     5(a)(1) of the Act of August 18, 1941 (33 U.S.C. 701n(a)(1)), 
     is amended in the first sentence--
       (1) by inserting ``and subject to the condition that the 
     Chief of Engineers may include modifications to the structure 
     or project'' after ``work for flood control''; and
       (2) by striking ``structure damaged or destroyed by wind, 
     wave, or water action of other than an ordinary nature when 
     in the discretion of the Chief of Engineers such repair and 
     restoration is warranted for the adequate functioning of the 
     structure for hurricane or shore protection'' and inserting 
     ``structure or project damaged or destroyed by wind, wave, or 
     water action of other than an ordinary nature to the design 
     level of protection when, in the discretion of the Chief of 
     Engineers, such repair and restoration is warranted for the 
     adequate functioning of the structure or project for 
     hurricane or shore protection, subject to the condition that 
     the Chief of Engineers may include modifications to the 
     structure or project to address major deficiencies or 
     implement nonstructural alternatives to the repair or 
     restoration of the structure if requested by the non-Federal 
     sponsor''.
       (b) Review of Emergency Response Authorities.--
       (1) In general.--The Secretary shall undertake a review of 
     implementation of section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n), to evaluate the alternatives available to the 
     Secretary to ensure--
       (A) the safety of affected communities to future flooding 
     and storm events;
       (B) the resiliency of water resources development projects 
     to future flooding and storm events;
       (C) the long-term cost-effectiveness of water resources 
     development projects that provide flood control and hurricane 
     and storm damage reduction benefits; and
       (D) the policy goals and objectives that have been outlined 
     by the President as a response to recent extreme weather 
     events, including Hurricane Sandy, that relate to preparing 
     for future floods are met.
       (2) Scope of review.--In carrying out the review, the 
     Secretary shall--
       (A) review the historical precedents and implementation of 
     section 5 of that Act, including those actions undertaken by 
     the Secretary, over time, under that section--
       (i) to repair or restore a project; and
       (ii) to increase the level of protection for a damaged 
     project to address future conditions;

[[Page H4095]]

       (B) evaluate the difference between adopting, as an 
     appropriate standard under section 5 of that Act, the repair 
     or restoration of a project to pre-flood or pre-storm levels 
     and the repair or restoration of a project to a design level 
     of protection, including an assessment for each standard of--
       (i) the implications on populations at risk of flooding or 
     damage;
       (ii) the implications on probability of loss of life;
       (iii) the implications on property values at risk of 
     flooding or damage;
       (iv) the implications on probability of increased property 
     damage and associated costs;
       (v) the implications on local and regional economies; and
       (vi) the estimated total cost and estimated cost savings;
       (C) review and evaluate the historic and potential uses, 
     and economic feasibility for the life of the project, of 
     nonstructural alternatives, including natural features such 
     as dunes, coastal wetlands, floodplains, marshes, and 
     mangroves, to reduce the damage caused by floods, storm 
     surges, winds, and other aspects of extreme weather events, 
     and to increase the resiliency and long-term cost-
     effectiveness of water resources development projects;
       (D) incorporate the science on expected rates of sea-level 
     rise and extreme weather events;
       (E) incorporate the work completed by the Hurricane Sandy 
     Rebuilding Task Force, established by Executive Order No. 
     13632 (77 Fed. Reg. 74341); and
       (F) review the information obtained from the report 
     developed under subsection (c)(1).
       (c) Reports.--
       (1) Biennial report to congress.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report detailing the amounts expended in 
     the previous 5 fiscal years to carry out Corps of Engineers 
     projects under section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n).
       (B) Inclusions.--A report under subparagraph (A) shall, at 
     a minimum, include a description of--
       (i) each structure, feature, or project for which amounts 
     are expended, including the type of structure, feature, or 
     project and cost of the work; and
       (ii) how the Secretary has repaired, restored, replaced, or 
     modified each structure, feature, or project or intends to 
     restore the structure, feature, or project to the design 
     level of protection for the structure, feature, or project.
       (2) Report on review of emergency response authorities.--
     Not later than 18 months after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and make publicly available a report on the 
     results of the review under subsection (b).

                TITLE IV--RIVER BASINS AND COASTAL AREAS

     SEC. 4001. RIVER BASIN COMMISSIONS.

       Section 5019 of the Water Resources Development Act of 2007 
     (121 Stat. 1201) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorization To Allocate.--
       ``(1) In general.--The Secretary shall allocate funds to 
     the Susquehanna River Basin Commission, the Delaware River 
     Basin Commission, and the Interstate Commission on the 
     Potomac River Basin to fulfill the equitable funding 
     requirements of the respective interstate compacts.
       ``(2) Amounts.--For each fiscal year, the Secretary shall 
     allocate to each Commission described in paragraph (1) an 
     amount equal to the amount determined by the Commission in 
     accordance with the respective interstate compact approved by 
     Congress.
       ``(3) Notification.--If the Secretary does not allocate 
     funds for a given fiscal year in accordance with paragraph 
     (2), the Secretary, in conjunction with the subsequent 
     submission by the President of the budget to Congress under 
     section 1105(a) of title 31, United States Code, shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a notice that describes--
       ``(A) the reasons why the Secretary did not allocate funds 
     in accordance with paragraph (2) for that fiscal year; and
       ``(B) the impact of that decision not to allocate funds on 
     each area of jurisdiction of each Commission described in 
     paragraph (1), including with respect to--
       ``(i) water supply allocation;
       ``(ii) water quality protection;
       ``(iii) regulatory review and permitting;
       ``(iv) water conservation;
       ``(v) watershed planning;
       ``(vi) drought management;
       ``(vii) flood loss reduction;
       ``(viii) recreation; and
       ``(ix) energy development.''.

     SEC. 4002. MISSISSIPPI RIVER.

       (a) Mississippi River Forecasting Improvements.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of the department in which the Coast Guard is 
     operating, the Director of the United States Geological 
     Survey, the Administrator of the National Oceanic and 
     Atmospheric Administration, and the Director of the National 
     Weather Service, as applicable, shall improve forecasting on 
     the Mississippi River by--
       (A) updating forecasting technology deployed on the 
     Mississippi River and its tributaries through--
       (i) the construction of additional automated river gages;
       (ii) the rehabilitation of existing automated and manual 
     river gages; and
       (iii) the replacement of manual river gages with automated 
     gages, as the Secretary determines to be necessary;
       (B) constructing additional sedimentation ranges on the 
     Mississippi River and its tributaries; and
       (C) deploying additional automatic identification system 
     base stations at river gage sites.
       (2) Prioritization.--In carrying out this subsection, the 
     Secretary shall prioritize the sections of the Mississippi 
     River on which additional and more reliable information would 
     have the greatest impact on maintaining navigation on the 
     Mississippi River.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and make publicly available a report on the activities 
     carried out by the Secretary under this subsection.
       (b) Middle Mississippi River Pilot Program.--
       (1) In general.--In accordance with the project for 
     navigation, Mississippi River between the Ohio and Missouri 
     Rivers (Regulating Works), Missouri and Illinois, authorized 
     by the Act of June 25, 1910 (36 Stat. 631, chapter 382) 
     (commonly known as the ``River and Harbor Act of 1910''), the 
     Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly 
     known as the ``River and Harbor Act of 1927''), and the Act 
     of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary 
     may study improvements to navigation and aquatic ecosystem 
     restoration in the middle Mississippi River.
       (2) Disposition.--
       (A) In general.--The Secretary may carry out any project 
     identified pursuant to paragraph (1) in accordance with the 
     criteria for projects carried out under one of the following 
     authorities:
       (i) Section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330).
       (ii) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (iii) Section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577).
       (iv) Section 104(a) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(a)).
       (B) Report.--For each project that does not meet the 
     criteria under subparagraph (A), the Secretary shall include 
     a recommendation relating to the project in the annual report 
     submitted to Congress by the Secretary in accordance with 
     section 7001.
       (c) Greater Mississippi River Basin Severe Flooding and 
     Drought Management Study.--
       (1) Definition of greater mississippi river basin.--In this 
     subsection, the term ``greater Mississippi River Basin'' 
     means the area covered by hydrologic units 5, 6, 7, 8, 10, 
     and 11, as identified by the United States Geological Survey 
     as of the date of enactment of this Act.
       (2) In general.--The Secretary shall carry out a study of 
     the greater Mississippi River Basin--
       (A) to improve the coordinated and comprehensive management 
     of water resource projects in the greater Mississippi River 
     Basin relating to severe flooding and drought conditions; and
       (B) to identify and evaluate--
       (i) modifications to those water resource projects, 
     consistent with the authorized purposes of those projects; 
     and
       (ii) the development of new water resource projects to 
     improve the reliability of navigation and more effectively 
     reduce flood risk.
       (3) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and make publicly available a report on the study carried out 
     under this subsection.
       (4) Savings clause.--Nothing in this subsection impacts the 
     operations and maintenance of the Missouri River Mainstem 
     System, as authorized by the Act of December 22, 1944 
     (commonly known as the ``Flood Control Act of 1944'')(58 
     Stat. 897, chapter 665).
       (d) Flexibility in Maintaining Navigation.--
       (1) Extreme low water event defined.--In this subsection, 
     the term ``extreme low water event'' means an extended period 
     of time during which low water threatens the safe commercial 
     use of the Mississippi River for navigation, including the 
     use and availability of fleeting areas.
       (2) Report on areas for action.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of the department in which the Coast Guard is 
     operating, shall complete and make publicly available a 
     report identifying areas that are unsafe and unreliable for 
     commercial navigation during extreme low water events along 
     the authorized Federal navigation channel on the Mississippi 
     River and measures to address those restrictions.
       (B) Inclusions.--The report under subparagraph (A) shall--
       (i) consider data from the most recent extreme low water 
     events that impacted navigation along the authorized Federal 
     navigation channel on the Mississippi River;
       (ii) identify locations for potential modifications, 
     including improvements outside the authorized navigation 
     channel, that will alleviate hazards at areas that constrain 
     navigation during extreme low water events along the 
     authorized Federal navigation channel on the Mississippi 
     River; and
       (iii) include recommendations for possible actions to 
     address constrained navigation during extreme low water 
     events.

[[Page H4096]]

       (3) Authorized activities.--If the Secretary, in 
     consultation with the Secretary of the department in which 
     the Coast Guard is operating, determines it to be critical to 
     maintaining safe and reliable navigation within the 
     authorized Federal navigation channel on the Mississippi 
     River, the Secretary may carry out activities outside the 
     authorized Federal navigation channel along the Mississippi 
     River, including the construction and operation of 
     maintenance of fleeting areas, that--
       (A) are necessary for safe and reliable navigation in the 
     Federal channel; and
       (B) have been identified in the report under paragraph (2).
       (4) Restriction.--The Secretary shall only carry out 
     activities authorized under paragraph (3) for such period of 
     time as is necessary to maintain reliable navigation during 
     the extreme low water event.
       (5) Notification.--Not later than 60 days after initiating 
     an activity under this subsection, the Secretary shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a notice that includes--
       (A) a description of the activities undertaken, including 
     the costs associated with the activities; and
       (B) a comprehensive description of how the activities are 
     necessary for maintaining safe and reliable navigation of the 
     Federal channel.

     SEC. 4003. MISSOURI RIVER.

       (a) Upper Missouri Basin Flood and Drought Monitoring.--
       (1) In general.--The Secretary, in coordination with the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, the Chief of the Natural Resources 
     Conservation Service, the Director of the United States 
     Geological Survey, and the Commissioner of the Bureau of 
     Reclamation, shall carry out activities to improve and 
     support management of Corps of Engineers water resources 
     development projects, including--
       (A) soil moisture and snowpack monitoring in the Upper 
     Missouri River Basin to reduce flood risk and improve river 
     and water resource management in the Upper Missouri River 
     Basin, as outlined in the February 2013 report entitled 
     ``Upper Missouri Basin Monitoring Committee--Snow Sampling 
     and Instrumentation Recommendations'';
       (B) restoring and maintaining existing mid- and high-
     elevation snowpack monitoring sites operated under the SNOTEL 
     program of the Natural Resources Conservation Service; and
       (C) operating streamflow gages and related interpretive 
     studies in the Upper Missouri River Basin under the 
     cooperative water program and the national streamflow 
     information program of the United States Geological Service.
       (2) Use of funds.--Amounts made available to the Secretary 
     to carry out activities under this subsection shall be used 
     to supplement but not supplant other related activities of 
     Federal agencies that are carried out within the Missouri 
     River Basin.
       (3) Cooperative agreements.--
       (A) In general.--The Secretary may enter into cooperative 
     agreements with other Federal agencies to carry out this 
     subsection.
       (B) Maintenance of effort.--The Secretary may only enter 
     into a cooperative agreement with another Federal agency 
     under this paragraph if such agreement specifies that the 
     agency will maintain aggregate expenditures in the Missouri 
     River Basin for existing programs that implement activities 
     described in paragraph (1) at a level that is equal to or 
     exceeds the aggregate expenditures for the fiscal year 
     immediately preceding the fiscal year in which such agreement 
     is signed.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States, in consultation with the Secretary, shall submit to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that--
       (A) identifies progress made by the Secretary and other 
     Federal agencies in implementing the recommendations 
     contained in the report described in paragraph (1)(A) with 
     respect to enhancing soil moisture and snowpack monitoring in 
     the Upper Missouri Basin;
       (B) includes recommendations--
       (i) to enhance soil moisture and snowpack monitoring in the 
     Upper Missouri Basin that would enhance water resources 
     management, including managing flood risk, in that basin; and
       (ii) on the most efficient manner of collecting and sharing 
     data to assist Federal agencies with water resources 
     management responsibilities;
       (C) identifies the expected costs and timeline for 
     implementing the recommendations described in subparagraph 
     (B)(i); and
       (D) identifies the role of States and other Federal 
     agencies in gathering necessary soil moisture and snowpack 
     monitoring data.
       (b) Missouri River Between Fort Peck Dam, Montana and 
     Gavins Point Dam, South Dakota and Nebraska.--Section 9(f) of 
     the Act of December 22, 1944 (commonly known as the ``Flood 
     Control Act of 1944'') (58 Stat. 891, chapter 665; 102 Stat. 
     4031) is amended in the second sentence by striking 
     ``$3,000,000'' and inserting ``$5,000,000''.
       (c) Missouri River Recovery Implementation Committee 
     Expenses Reimbursement.--Section 5018(b)(5) of the Water 
     Resources Development Act of 2007 (121 Stat. 1200) is amended 
     by striking subparagraph (B) and inserting the following:
       ``(B) Travel expenses.--Subject to the availability of 
     funds, the Secretary may reimburse a member of the Committee 
     for travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of a Federal 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code, while away from the home or regular place of 
     business of the member in performance of services for the 
     Committee.''.
       (d) Upper Missouri Shoreline Stabilization.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of carrying out projects to address 
     shoreline erosion in the Upper Missouri River Basin 
     (including the States of South Dakota, North Dakota, and 
     Montana) resulting from the operation of a reservoir 
     constructed under the Pick-Sloan Missouri River Basin Program 
     (authorized by section 9 of the Act of December 22, 1944 
     (commonly known as the ``Flood Control Act of 1944'') (58 
     Stat. 891, chapter 665)).
       (2) Contents.--The study carried out under paragraph (1) 
     shall, to the maximum extent practicable--
       (A) use previous assessments completed by the Corps of 
     Engineers or other Federal agencies; and
       (B) assess the infrastructure needed to--
       (i) reduce shoreline erosion;
       (ii) mitigate additional loss of land;
       (iii) contribute to environmental and ecosystem 
     improvement; and
       (iv) protect existing community infrastructure, including 
     roads and water and waste-water related infrastructure.
       (3) Disposition.--The Secretary may carry out projects 
     identified in the study under paragraph (1) in accordance 
     with the criteria for projects carried out under section 14 
     of the Flood Control Act of 1946 (33 U.S.C. 701r).
       (4) Annual report.--For each project identified in the 
     study under paragraph (1) that cannot be carried out under 
     any of the authorities specified in paragraph (3), upon 
     determination by the Secretary of the feasibility of the 
     project, the Secretary may include a recommendation relating 
     to the project in the annual report submitted to Congress 
     under section 7001.
       (5) Coordination.--In carrying out this subsection, the 
     Secretary shall consult and coordinate with the appropriate 
     State or tribal agency for the area in which the project is 
     located.
       (6) Payment options.--The Secretary shall allow the full 
     non-Federal contribution for a project under this subsection 
     to be paid in accordance with section 103(k) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213(k)).
       (e) Missouri River Fish and Wildlife Mitigation.--The 
     Secretary shall include in the first budget of the United 
     States Government submitted by the President under section 
     1105 of title 31, United States Code, after the date of 
     enactment of this Act, and biennially thereafter, a report 
     that describes activities carried out by the Secretary 
     relating to the project for mitigation of fish and wildlife 
     losses, Missouri River Bank Stabilization and Navigation 
     Project, Missouri, Kansas, Iowa, and Nebraska, authorized by 
     section 601(a) of the Water Resources Development Act of 1986 
     (100 Stat. 4143), including--
       (1) an inventory of all actions taken by the Secretary in 
     furtherance of the project, including an inventory of land 
     owned or acquired by the Secretary;
       (2) a description, including a prioritization, of the 
     specific actions proposed to be undertaken by the Secretary 
     for the subsequent fiscal year in furtherance of the project;
       (3) an assessment of the progress made in furtherance of 
     the project, including--
       (A) a description of how each of the actions identified 
     under paragraph (1) have impacted the progress; and
       (B) the status of implementation of any applicable 
     requirements of the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.), including any applicable biological opinions; 
     and
       (4) an assessment of additional actions or authority 
     necessary to achieve the results of the project.
       (f) Lower Yellowstone.--Section 3109 of the Water Resources 
     Development Act of 2007 (121 Stat. 1135) is amended--
       (1) by striking ``The Secretary may'' and inserting the 
     following:
       ``(a) In General.--The Secretary may''; and
       (2) by adding at the end the following:
       ``(b) Local Participation.--In carrying out subsection (a), 
     the Secretary shall consult with, and consider the activities 
     being carried out by--
       ``(1) other Federal agencies;
       ``(2) conservation districts;
       ``(3) the Yellowstone River Conservation District Council; 
     and
       ``(4) the State of Montana.''.

     SEC. 4004. ARKANSAS RIVER.

       (a) Project Goal.--The goal for operation of the McClellan-
     Kerr Arkansas River navigation system, Arkansas and Oklahoma, 
     shall be to maximize the use of the system in a balanced 
     approach that incorporates advice from representatives from 
     all project purposes to ensure that the full value of the 
     system is realized by the United States.
       (b) McClellan-Kerr Arkansas River Navigation System 
     Advisory Committee.--
       (1) In general.--In accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.), the Secretary shall establish 
     an advisory committee for the McClellan-Kerr Arkansas River 
     navigation system, Arkansas and Oklahoma project authorized 
     by the first section of the Act of July 24, 1946 (60 Stat. 
     635, chapter 595).
       (2) Duties.--The advisory committee shall--
       (A) serve in an advisory capacity only; and
       (B) provide information and recommendations to the Corps of 
     Engineers relating to the efficiency, reliability, and 
     availability of the operations of the McClellan-Kerr Arkansas 
     River navigation system.
       (3) Selection and composition.--The advisory committee 
     shall be--
       (A) selected jointly by the Little Rock district engineer 
     and the Tulsa district engineer; and

[[Page H4097]]

       (B) composed of members that equally represent the 
     McClellan-Kerr Arkansas River navigation system project 
     purposes.
       (4) Agency resources.--The Little Rock district and the 
     Tulsa district of the Corps of Engineers, under the 
     supervision of the southwestern division, shall jointly 
     provide the advisory committee with adequate staff 
     assistance, facilities, and resources.
       (5) Termination.--
       (A) In general.--Subject to subparagraph (B), the advisory 
     committee shall terminate on the date on which the Secretary 
     submits a report to Congress demonstrating increases in the 
     efficiency, reliability, and availability of the McClellan-
     Kerr Arkansas River navigation system.
       (B) Restriction.--The advisory committee shall terminate 
     not less than 2 calendar years after the date on which the 
     advisory committee is established.

     SEC. 4005. COLUMBIA BASIN.

       Section 536(g) of the Water Resources Development Act of 
     2000 (114 Stat. 2661) is amended by striking ``$30,000,000'' 
     and inserting ``$50,000,000''.

     SEC. 4006. RIO GRANDE.

       Section 5056 of the Water Resources Development Act of 2007 
     (121 Stat. 1213) is amended--
       (1) in subsection (b)(2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``2008'' and inserting ``2014''; and
       (B) in subparagraph (C), by inserting ``and an assessment 
     of needs for other related purposes in the Rio Grande Basin, 
     including flood damage reduction'' after ``assessment'';
       (2) in subsection (c)(2)--
       (A) by striking ``an interagency agreement with'' and 
     inserting ``1 or more interagency agreements with the 
     Secretary of State and''; and
       (B) by inserting ``or the U.S. Section of the International 
     Boundary and Water Commission'' after ``the Department of the 
     Interior''; and
       (3) in subsection (f), by striking ``2011'' and inserting 
     ``2019''.

     SEC. 4007. NORTHERN ROCKIES HEADWATERS.

       (a) In General.--The Secretary shall conduct a study to 
     determine the feasibility of carrying out projects for 
     aquatic ecosystem restoration and flood risk reduction that 
     will mitigate the impacts of extreme weather events, 
     including floods and droughts, on communities, water users, 
     and fish and wildlife located in and along the headwaters of 
     the Columbia, Missouri, and Yellowstone Rivers (including the 
     tributaries of those rivers) in the States of Idaho and 
     Montana.
       (b) Inclusions.--The study under subsection (a) shall, to 
     the maximum extent practicable--
       (1) emphasize the protection and enhancement of natural 
     riverine processes; and
       (2) assess the individual and cumulative needs associated 
     with--
       (A) floodplain restoration and reconnection;
       (B) floodplain and riparian area protection through the use 
     of conservation easements;
       (C) instream flow restoration projects;
       (D) fish passage improvements;
       (E) channel migration zone mapping; and
       (F) invasive weed management.
       (c) Disposition.--
       (1) In general.--The Secretary may carry out any project 
     identified in the study pursuant to subsection (a) in 
     accordance with the criteria for projects carried out under 
     one of the following authorities:
       (A) Section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330).
       (B) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (C) Section 104(a) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(a)).
       (D) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s).
       (2) Report.--For each project that does not meet the 
     criteria under paragraph (1), the Secretary shall include a 
     recommendation relating to the project in the annual report 
     submitted to Congress by the Secretary in accordance with 
     section 7001.
       (d) Coordination.--In carrying out this section, the 
     Secretary--
       (1) shall consult and coordinate with the appropriate 
     agency for each State and Indian tribe; and
       (2) may enter into cooperative agreements with those State 
     or tribal agencies described in paragraph (1).
       (e) Limitations.--Nothing in this section invalidates, 
     preempts, or creates any exception to State water law, State 
     water rights, or Federal or State permitted activities or 
     agreements in the States of Idaho and Montana or any State 
     containing tributaries to rivers in those States.

     SEC. 4008. RURAL WESTERN WATER.

       Section 595 of the Water Resources Development Act of 1999 
     (113 Stat. 383) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Form of Assistance.--Assistance under this section 
     may be in the form of--
       ``(1) design and construction assistance for water-related 
     environmental infrastructure and resource protection and 
     development in Idaho, Montana, rural Nevada, New Mexico, 
     rural Utah, and Wyoming, including projects for--
       ``(A) wastewater treatment and related facilities;
       ``(B) water supply and related facilities;
       ``(C) environmental restoration; and
       ``(D) surface water resource protection and development; 
     and
       ``(2) technical assistance to small and rural communities 
     for water planning and issues relating to access to water 
     resources.''; and
       (2) by striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for the period 
     beginning with fiscal year 2001, $435,000,000, which shall--
       ``(1) be made available to the States and locales described 
     in subsection (b) consistent with program priorities 
     determined by the Secretary in accordance with criteria 
     developed by the Secretary to establish the program 
     priorities; and
       ``(2) remain available until expended.''.

     SEC. 4009. NORTH ATLANTIC COASTAL REGION.

       (a) In General.--The Secretary shall conduct a study to 
     determine the feasibility of carrying out projects to restore 
     aquatic ecosystems within the coastal waters of the 
     Northeastern United States from the State of Virginia to the 
     State of Maine, including associated bays, estuaries, and 
     critical riverine areas.
       (b) Study.--In carrying out the study under subsection (a), 
     the Secretary shall--
       (1) as appropriate, coordinate with the heads of other 
     appropriate Federal agencies, the Governors of the coastal 
     States from Virginia to Maine, nonprofit organizations, and 
     other interested parties;
       (2) identify projects for aquatic ecosystem restoration 
     based on an assessment of the need and opportunities for 
     aquatic ecosystem restoration within the coastal waters of 
     the Northeastern States described in subsection (a); and
       (3) use, to the maximum extent practicable, any existing 
     plans and data.
       (c) Disposition.--
       (1) In general.--The Secretary may carry out any project 
     identified in the study pursuant to subsection (a) in 
     accordance with the criteria for projects carried out under 
     one of the following authorities:
       (A) Section 206 of the Water Resources Development Act of 
     1996 (33 U.S.C. 2330).
       (B) Section 1135 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2309a).
       (C) Section 3 of the Act of August 13, 1946 (33 U.S.C. 
     426g).
       (D) Section 204 of the Water Resources Development Act of 
     1992 (33 U.S.C. 2326).
       (2) Report.--For each project that does not meet the 
     criteria under paragraph (1), the Secretary shall include a 
     recommendation relating to the project in the annual report 
     submitted to Congress by the Secretary in accordance with 
     section 7001.

     SEC. 4010. CHESAPEAKE BAY.

       (a) In General.--Section 510 of the Water Resources 
     Development Act of 1996 (Public Law 104-303; 110 Stat. 3759; 
     121 Stat. 1202) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``pilot program'' and inserting 
     ``program''; and
       (ii) by inserting ``in the basin States described in 
     subsection (f) and the District of Columbia'' after 
     ``interests''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Form.--The assistance under paragraph (1) shall be in 
     the form of design and construction assistance for water-
     related resource protection and restoration projects 
     affecting the Chesapeake Bay estuary, based on the 
     comprehensive plan under subsection (b), including projects 
     for--
       ``(A) sediment and erosion control;
       ``(B) protection of eroding shorelines;
       ``(C) ecosystem restoration, including restoration of 
     submerged aquatic vegetation;
       ``(D) protection of essential public works;
       ``(E) beneficial uses of dredged material; and
       ``(F) other related projects that may enhance the living 
     resources of the estuary.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Comprehensive Plan.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Water Resources Reform and Development Act 
     of 2014, the Secretary, in cooperation with State and local 
     governmental officials and affected stakeholders, shall 
     develop a comprehensive Chesapeake Bay restoration plan to 
     guide the implementation of projects under subsection (a)(2).
       ``(2) Coordination.--The restoration plan described in 
     paragraph (1) shall, to the maximum extent practicable, 
     consider and avoid duplication of any ongoing or planned 
     actions of other Federal, State, and local agencies and 
     nongovernmental organizations.
       ``(3) Prioritization.--The restoration plan described in 
     paragraph (1) shall give priority to projects eligible under 
     subsection (a)(2) that will also improve water quality or 
     quantity or use natural hydrological features and systems.'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``to provide'' and all 
     that follows through the period at the end and inserting 
     ``for the design and construction of a project carried out 
     pursuant to the comprehensive Chesapeake Bay restoration plan 
     described in subsection (b).'';
       (B) in paragraph (2)(A), by striking ``facilities or 
     resource protection and development plan'' and inserting 
     ``resource protection and restoration plan''; and
       (C) by adding at the end the following:
       ``(3) Projects on federal land.--A project carried out 
     pursuant to the comprehensive Chesapeake Bay restoration plan 
     described in subsection (b) that is located on Federal land 
     shall be carried out at the expense of the Federal agency 
     that owns the land on which the project will be a carried 
     out.
       ``(4) Non-federal contributions.--A Federal agency carrying 
     out a project described in paragraph (3) may accept 
     contributions of funds from non-Federal entities to carry out 
     that project.'';
       (4) by striking subsection (e) and inserting the following:
       ``(e) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate with--
       ``(1) the heads of appropriate Federal agencies, 
     including--

[[Page H4098]]

       ``(A) the Administrator of the Environmental Protection 
     Agency;
       ``(B) the Secretary of Commerce, acting through the 
     Administrator of the National Oceanographic and Atmospheric 
     Administration;
       ``(C) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       ``(D) the heads of such other Federal agencies as the 
     Secretary determines to be appropriate; and
       ``(2) agencies of a State or political subdivision of a 
     State, including the Chesapeake Bay Commission.'';
       (5) by striking subsection (f) and inserting the following:
       ``(f) Projects.--The Secretary shall establish, to the 
     maximum extent practicable, at least 1 project under this 
     section in--
       ``(1) regions within the Chesapeake Bay watershed of each 
     of the basin States of Delaware, Maryland, New York, 
     Pennsylvania, Virginia, and West Virginia; and
       ``(2) the District of Columbia.'';
       (6) by striking subsection (h); and
       (7) by redesignating subsection (i) as subsection (h).
       (b) Chesapeake Bay Oyster Restoration.--Section 704(b) of 
     Water Resources Development Act of 1986 (33 U.S.C. 2263(b)) 
     is amended--
       (1) in paragraph (1), by striking ``$50,000,000'' and 
     inserting ``$60,000,000''; and
       (2) in paragraph (4), by striking subparagraph (B) and 
     inserting the following:
       ``(B) Form.--The non-Federal share may be provided through 
     in-kind services, including--
       ``(i) the provision by the non-Federal interest of shell 
     stock material that is determined by the Secretary to be 
     suitable for use in carrying out the project; and
       ``(ii) in the case of a project carried out under paragraph 
     (2)(D) after the date of enactment of this clause, land 
     conservation or restoration efforts undertaken by the non-
     Federal interest that the Secretary determines provide water 
     quality benefits that--

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

     SEC. 4011. LOUISIANA COASTAL AREA.

       (a) Review of Coastal Master Plan.--Section 7002(c) of the 
     Water Resources Development Act of 2007 (121 Stat. 1271) is 
     amended by inserting ``, or the plan entitled `Louisiana 
     Comprehensive Master Plan for a Sustainable Coast' prepared 
     by the State of Louisiana and accepted by the Louisiana 
     Coastal Protection and Restoration Authority (including any 
     subsequent amendments or revisions)'' before the period at 
     the end.
       (b) Interim Use of Plan.--
       (1) Definitions.--In this subsection:
       (A) Annual report.--The term ``annual report'' has the 
     meaning given the term in section 7001(f).
       (B) Feasibility report; feasibility study.--The terms 
     ``feasibility report'' and ``feasibility study'' have the 
     meanings given those terms in section 7001(f).
       (2) Review.--The Secretary shall--
       (A) review the plan entitled `Louisiana's Comprehensive 
     Master Plan for a Sustainable Coast' prepared by the State of 
     Louisiana and accepted by the Louisiana Coastal Protection 
     and Restoration Authority Board (including any subsequent 
     amendments or revisions); and
       (B) in consultation with the State of Louisiana, identify 
     and conduct feasibility studies for up to 10 projects 
     included in the plan described in subparagraph (A).
       (3) Recommendations.--The Secretary shall include in the 
     subsequent annual report, in accordance with section 7001--
       (A) any proposed feasibility study initiated under 
     paragraph (2)(B); and
       (B) any feasibility report for a project identified under 
     paragraph (2)(B).
       (4) Administration.--Section 7008 of the Water Resources 
     Development Act of 2007 (121 Stat. 1278) shall not apply to 
     any feasibility study carried out under this subsection.
       (c) Science and Technology.--Section 7006(a)(2) of the 
     Water Resources Development Act of 2007 (121 Stat. 1274) is 
     amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) to examine a systemwide approach to coastal 
     sustainability;''.

     SEC. 4012. RED RIVER BASIN.

       (a) In General.--In the case of a reservoir located within 
     the Red River Basin for which the Department of the Army is 
     authorized to provide for municipal and industrial water 
     supply storage and irrigation storage, the Secretary may 
     reassign unused irrigation storage to storage for municipal 
     and industrial water supply for use by a State or local 
     interest that has entered into an agreement with the 
     Secretary for water supply storage at that reservoir prior to 
     the date of enactment of this Act.
       (b) Administration.--Any assignment under subsection (a) 
     shall be subject to such terms and conditions as the 
     Secretary determines to be appropriate and necessary in the 
     public interest.

     SEC. 4013. TECHNICAL CORRECTIONS.

       (a) Raritan River.--Section 102 of the Energy and Water 
     Development Appropriations Act, 1998 (Public Law 105-62; 111 
     Stat. 1327), is repealed.
       (b) Des Moines, Boone, and Raccoon Rivers.--The boundaries 
     for the project referred to as the Des Moines Recreational 
     River and Greenbelt, Iowa, under the heading ``corps of 
     engineers--civil'' under the heading ``Department of the 
     Army'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' in 
     chapter IV of title I of the Supplemental Appropriations Act, 
     1985 (99 Stat. 313), are revised to include the entirety of 
     sections 19 and 29, situated in T. 89 N., R. 28 W.
       (c) South Florida Coastal Area.--Section 109 of title I of 
     division B of the Miscellaneous Appropriations Act, 2001 (114 
     Stat. 2763A-221; 121 Stat. 1217) is amended--
       (1) in subsection (a), by inserting ``and unincorporated 
     communities'' after ``municipalities'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following:
       ``(f) Priority.--In providing assistance under this 
     section, the Secretary shall give priority to projects 
     sponsored by current non-Federal interests, incorporated 
     communities in Monroe County, Monroe County, and the State of 
     Florida.''.
       (d) Trinity River and Tributaries.--Section 5141(a)(2) of 
     the Water Resources Development Act of 2007 (121 Stat. 1253) 
     is amended by inserting ``and the Interior Levee Drainage 
     Study Phase-II report, Dallas, Texas, dated January 2009,'' 
     after ``September 2006,''.
       (e) Central and Southern Florida Canal.--
       (1) In general.--The Secretary shall consider any amounts 
     and associated program income provided prior to the date of 
     enactment of this Act by the Secretary of the Interior to the 
     non-Federal interest for the acquisition of areas identified 
     in section 316(b)(2) of the Water Resources Development Act 
     of 1996 (110 Stat. 3715)--
       (A) as satisfying the requirements of that paragraph; and
       (B) as part of the Federal share of the cost of 
     implementing the plan under that subsection.
       (2) Non-federal cost share.--The non-Federal interest shall 
     receive credit for land, easements, rights-of-way, and 
     relocations provided for the project as part of the non-
     Federal share of the cost of implementing the plan under 
     section 316(b)(2) of the Water Resources Development Act of 
     1996 (110 Stat. 3715).
       (3) Conforming amendment.--Section 316(b)(2) of the Water 
     Resources Development Act of 1996 (110 Stat. 3715) is amended 
     in the first sentence by striking ``shall pay'' and inserting 
     ``may pay up to''.
       (f) South Platte River Watershed.--Section 116 of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2009 (123 Stat. 608) is amended in the 
     matter preceding the proviso by inserting ``(or a designee of 
     the Department)'' after ``Colorado Department of Natural 
     Resources''.
       (g) Potomac River.--Section 84(a) of the Water Resources 
     Development Act of 1974 (88 Stat. 35) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) A channel capacity sufficient to pass the 100-year 
     flood event, as identified in the document entitled `Four 
     Mile Run Watershed Feasibility Report' and dated January 
     2014.''.

     SEC. 4014. OCEAN AND COASTAL RESILIENCY.

       (a) In General.--The Secretary shall conduct studies to 
     determine the feasibility of carrying out Corps of Engineers 
     projects in coastal zones to enhance ocean and coastal 
     ecosystem resiliency.
       (b) Study.--In carrying out the study under subsection (a), 
     the Secretary shall--
       (1) as appropriate, coordinate with the heads of other 
     appropriate Federal agencies, the Governors and other chief 
     executive officers of the coastal states, nonprofit 
     organizations, and other interested parties;
       (2) identify Corps of Engineers projects in coastal zones 
     for enhancing ocean and coastal ecosystem resiliency based on 
     an assessment of the need and opportunities for, and 
     feasibility of, the projects;
       (3) to the maximum extent practicable, use any existing 
     Corps of Engineers plans and data; and
       (4) not later than 365 days after initial appropriations 
     for this section, and every five years thereafter subject to 
     the availability of appropriations, complete a study 
     authorized under subsection (a).
       (c) Disposition.--
       (1) In general.--The Secretary may carry out a project 
     identified in the study pursuant to subsection (a) in 
     accordance with the criteria for projects carried out under 
     one of the following authorities:
       (A) Section 206(a)-(d) of the Water Resources Development 
     Act of 1996 (33 U.S.C. 2330(a)-(d)).
       (B) Section 1135(a)-(g) and (i) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2309a(a)-(g) and (i)).
       (C) Section 3(a)-(b), and (c)(1) of the Act of August, 13 
     1946 (33 U.S.C. 426g(a)-(b), and (c)(1)).
       (D) Section 204(a)-(f) of the Water Resources Development 
     Act of 1992 (33 U.S.C. 2326(a)-(f)).
       (2) Report.--For each project that does not meet the 
     criteria under paragraph (1), the Secretary shall include a 
     recommendation relating to the project in the annual report 
     submitted to Congress by the Secretary in accordance with 
     section 7001.
       (d) Requests for Projects.--The Secretary may carry out a 
     project for a coastal state under this section only at the 
     request of the Governor or chief executive officer of the 
     coastal state, as appropriate.
       (e) Definition.--In this section, the terms ``coastal 
     zone'' and ``coastal state'' have the meanings given such 
     terms in section 304 of the Coastal Zone Management Act of 
     1972 (16 U.S.C. 1453), as in effect on the date of enactment 
     of this Act

                TITLE V--WATER INFRASTRUCTURE FINANCING

       Subtitle A--State Water Pollution Control Revolving Funds

     SEC. 5001. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

       Section 601(a) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1381(a)) is amended by

[[Page H4099]]

     striking ``for providing assistance'' and all that follows 
     through the period at the end and inserting the following: 
     ``to accomplish the objectives, goals, and policies of this 
     Act by providing assistance for projects and activities 
     identified in section 603(c).''.

     SEC. 5002. CAPITALIZATION GRANT AGREEMENTS.

       Section 602(b) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1382(b)) is amended--
       (1) in paragraph (6)--
       (A) by striking ``section 603(c)(1) of'';
       (B) by striking ``before fiscal'' and all that follows 
     through ``grants under this title and'' and inserting ``with 
     assistance made available by a State water pollution control 
     revolving fund authorized under this title, or'';
       (C) by inserting ``, or both,'' after ``205(m) of this 
     Act''; and
       (D) by striking ``201(b)'' and all that follows through 
     ``511(c)(1),'' and inserting ``511(c)(1)'';
       (2) in paragraph (9), by striking ``standards; and'' and 
     inserting ``standards, including standards relating to the 
     reporting of infrastructure assets;'';
       (3) in paragraph (10), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(11) the State will establish, maintain, invest, and 
     credit the fund with repayments, such that the fund balance 
     will be available in perpetuity for activities under this 
     Act;
       ``(12) any fees charged by the State to recipients of 
     assistance that are considered program income will be used 
     for the purpose of financing the cost of administering the 
     fund or financing projects or activities eligible for 
     assistance from the fund;
       ``(13) beginning in fiscal year 2016, the State will 
     require as a condition of providing assistance to a 
     municipality or intermunicipal, interstate, or State agency 
     that the recipient of such assistance certify, in a manner 
     determined by the Governor of the State, that the recipient--
       ``(A) has studied and evaluated the cost and effectiveness 
     of the processes, materials, techniques, and technologies for 
     carrying out the proposed project or activity for which 
     assistance is sought under this title; and
       ``(B) has selected, to the maximum extent practicable, a 
     project or activity that maximizes the potential for 
     efficient water use, reuse, recapture, and conservation, and 
     energy conservation, taking into account--
       ``(i) the cost of constructing the project or activity;
       ``(ii) the cost of operating and maintaining the project or 
     activity over the life of the project or activity; and
       ``(iii) the cost of replacing the project or activity; and
       ``(14) a contract to be carried out using funds directly 
     made available by a capitalization grant under this title for 
     program management, construction management, feasibility 
     studies, preliminary engineering, design, engineering, 
     surveying, mapping, or architectural related services shall 
     be negotiated in the same manner as a contract for 
     architectural and engineering services is negotiated under 
     chapter 11 of title 40, United States Code, or an equivalent 
     State qualifications-based requirement (as determined by the 
     Governor of the State).''.

     SEC. 5003. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

       Section 603 of the Federal Water Pollution Control Act (33 
     U.S.C. 1383) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Projects and Activities Eligible for Assistance.--The 
     amounts of funds available to each State water pollution 
     control revolving fund shall be used only for providing 
     financial assistance--
       ``(1) to any municipality or intermunicipal, interstate, or 
     State agency for construction of publicly owned treatment 
     works (as defined in section 212);
       ``(2) for the implementation of a management program 
     established under section 319;
       ``(3) for development and implementation of a conservation 
     and management plan under section 320;
       ``(4) for the construction, repair, or replacement of 
     decentralized wastewater treatment systems that treat 
     municipal wastewater or domestic sewage;
       ``(5) for measures to manage, reduce, treat, or recapture 
     stormwater or subsurface drainage water;
       ``(6) to any municipality or intermunicipal, interstate, or 
     State agency for measures to reduce the demand for publicly 
     owned treatment works capacity through water conservation, 
     efficiency, or reuse;
       ``(7) for the development and implementation of watershed 
     projects meeting the criteria set forth in section 122;
       ``(8) to any municipality or intermunicipal, interstate, or 
     State agency for measures to reduce the energy consumption 
     needs for publicly owned treatment works;
       ``(9) for reusing or recycling wastewater, stormwater, or 
     subsurface drainage water;
       ``(10) for measures to increase the security of publicly 
     owned treatment works; and
       ``(11) to any qualified nonprofit entity, as determined by 
     the Administrator, to provide assistance to owners and 
     operators of small and medium publicly owned treatment 
     works--
       ``(A) to plan, develop, and obtain financing for eligible 
     projects under this subsection, including planning, design, 
     and associated preconstruction activities; and
       ``(B) to assist such treatment works in achieving 
     compliance with this Act.'';
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``20 years'' and 
     inserting ``the lesser of 30 years and the projected useful 
     life (as determined by the State) of the project to be 
     financed with the proceeds of the loan'';
       (ii) in subparagraph (B), by striking ``not later than 20 
     years after project completion'' and inserting ``upon the 
     expiration of the term of the loan'';
       (iii) in subparagraph (C), by striking ``and'' at the end;
       (iv) in subparagraph (D), by inserting ``and'' after the 
     semicolon at the end; and
       (v) by adding at the end the following:
       ``(E) for a treatment works proposed for repair, 
     replacement, or expansion, and eligible for assistance under 
     subsection (c)(1), the recipient of a loan shall--
       ``(i) develop and implement a fiscal sustainability plan 
     that includes--

       ``(I) an inventory of critical assets that are a part of 
     the treatment works;
       ``(II) an evaluation of the condition and performance of 
     inventoried assets or asset groupings;
       ``(III) a certification that the recipient has evaluated 
     and will be implementing water and energy conservation 
     efforts as part of the plan; and
       ``(IV) a plan for maintaining, repairing, and, as 
     necessary, replacing the treatment works and a plan for 
     funding such activities; or

       ``(ii) certify that the recipient has developed and 
     implemented a plan that meets the requirements under clause 
     (i);''; and
       (B) in paragraph (7), by inserting ``, $400,000 per year, 
     or \1/5\ percent per year of the current valuation of the 
     fund, whichever amount is greatest, plus the amount of any 
     fees collected by the State for such purpose regardless of 
     the source'' before the period at the end; and
       (3) by adding at the end the following:
       ``(i) Additional Subsidization.--
       ``(1) In general.--In any case in which a State provides 
     assistance to a municipality or intermunicipal, interstate, 
     or State agency under subsection (d), the State may provide 
     additional subsidization, including forgiveness of principal 
     and negative interest loans--
       ``(A) to benefit a municipality that--
       ``(i) meets the affordability criteria of the State 
     established under paragraph (2); or
       ``(ii) does not meet the affordability criteria of the 
     State if the recipient--

       ``(I) seeks additional subsidization to benefit individual 
     ratepayers in the residential user rate class;
       ``(II) demonstrates to the State that such ratepayers will 
     experience a significant hardship from the increase in rates 
     necessary to finance the project or activity for which 
     assistance is sought; and
       ``(III) ensures, as part of an assistance agreement between 
     the State and the recipient, that the additional 
     subsidization provided under this paragraph is directed 
     through a user charge rate system (or other appropriate 
     method) to such ratepayers; or

       ``(B) to implement a process, material, technique, or 
     technology--
       ``(i) to address water-efficiency goals;
       ``(ii) to address energy-efficiency goals;
       ``(iii) to mitigate stormwater runoff; or
       ``(iv) to encourage sustainable project planning, design, 
     and construction.
       ``(2) Affordability criteria.--
       ``(A) Establishment.--
       ``(i) In general.--Not later than September 30, 2015, and 
     after providing notice and an opportunity for public comment, 
     a State shall establish affordability criteria to assist in 
     identifying municipalities that would experience a 
     significant hardship raising the revenue necessary to finance 
     a project or activity eligible for assistance under 
     subsection (c)(1) if additional subsidization is not 
     provided.
       ``(ii) Contents.--The criteria under clause (i) shall be 
     based on income and unemployment data, population trends, and 
     other data determined relevant by the State, including 
     whether the project or activity is to be carried out in an 
     economically distressed area, as described in section 301 of 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3161).
       ``(B) Existing criteria.--If a State has previously 
     established, after providing notice and an opportunity for 
     public comment, affordability criteria that meet the 
     requirements of subparagraph (A)--
       ``(i) the State may use the criteria for the purposes of 
     this subsection; and
       ``(ii) those criteria shall be treated as affordability 
     criteria established under this paragraph.
       ``(C) Information to assist states.--The Administrator may 
     publish information to assist States in establishing 
     affordability criteria under subparagraph (A).
       ``(3) Limitations.--
       ``(A) In general.--A State may provide additional 
     subsidization in a fiscal year under this subsection only if 
     the total amount appropriated for making capitalization 
     grants to all States under this title for the fiscal year 
     exceeds $1,000,000,000.
       ``(B) Additional limitation.--
       ``(i) General rule.--Subject to clause (ii), a State may 
     use not more than 30 percent of the total amount received by 
     the State in capitalization grants under this title for a 
     fiscal year for providing additional subsidization under this 
     subsection.
       ``(ii) Exception.--If, in a fiscal year, the amount 
     appropriated for making capitalization grants to all States 
     under this title exceeds $1,000,000,000 by a percentage that 
     is less than 30 percent, clause (i) shall be applied by 
     substituting that percentage for 30 percent.
       ``(C) Applicability.--The authority of a State to provide 
     additional subsidization under this subsection shall apply to 
     amounts received by the State in capitalization grants under 
     this title for fiscal years beginning after September 30, 
     2014.
       ``(D) Consideration.--If the State provides additional 
     subsidization to a municipality or intermunicipal, 
     interstate, or State agency

[[Page H4100]]

     under this subsection that meets the criteria under paragraph 
     (1)(A), the State shall take the criteria set forth in 
     section 602(b)(5) into consideration.''.

     SEC. 5004. REQUIREMENTS.

       Title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 608. REQUIREMENTS.

       ``(a) In General.--Funds made available from a State water 
     pollution control revolving fund established under this title 
     may not be used for a project for the construction, 
     alteration, maintenance, or repair of treatment works unless 
     all of the iron and steel products used in the project are 
     produced in the United States.
       ``(b) Definition of Iron and Steel Products.--In this 
     section, the term `iron and steel products' means the 
     following products made primarily of iron or steel: lined or 
     unlined pipes and fittings, manhole covers and other 
     municipal castings, hydrants, tanks, flanges, pipe clamps and 
     restraints, valves, structural steel, reinforced precast 
     concrete, construction materials.
       ``(c) Application.--Subsection (a) shall not apply in any 
     case or category of cases in which the Administrator finds 
     that--
       ``(1) applying subsection (a) would be inconsistent with 
     the public interest;
       ``(2) iron and steel products are not produced in the 
     United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(3) inclusion of iron and steel products produced in the 
     United States will increase the cost of the overall project 
     by more than 25 percent.
       ``(d) Waiver.--If the Administrator receives a request for 
     a waiver under this section, the Administrator shall make 
     available to the public, on an informal basis, a copy of the 
     request and information available to the Administrator 
     concerning the request, and shall allow for informal public 
     input on the request for at least 15 days prior to making a 
     finding based on the request. The Administrator shall make 
     the request and accompanying information available by 
     electronic means, including on the official public Internet 
     site of the Environmental Protection Agency.
       ``(e) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
       ``(f) Management and Oversight.--The Administrator may 
     retain up to 0.25 percent of the funds appropriated for this 
     title for management and oversight of the requirements of 
     this section.
       ``(g) Effective Date.--This section does not apply with 
     respect to a project if a State agency approves the 
     engineering plans and specifications for the project, in that 
     agency's capacity to approve such plans and specifications 
     prior to a project requesting bids, prior to the date of 
     enactment of the Water Resources Reform and Development Act 
     of 2014.''.

     SEC. 5005. REPORT ON THE ALLOTMENT OF FUNDS.

       (a) Review.--The Administrator of the Environmental 
     Protection Agency shall conduct a review of the allotment 
     formula in effect on the date of enactment of this Act for 
     allocation of funds authorized under title VI of the Federal 
     Water Pollution Control Act (33 U.S.C. 1381 et seq.) to 
     determine whether that formula adequately addresses the water 
     quality needs of eligible States, territories, and Indian 
     tribes, based on--
       (1) the most recent survey of needs developed by the 
     Administrator under section 516(b) of that Act (33 U.S.C. 
     1375(b)); and
       (2) any other information the Administrator considers 
     appropriate.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     on the results of the review under subsection (a), including 
     any recommendations for changing the allotment formula.

     SEC. 5006. EFFECTIVE DATE.

       This subtitle, including any amendments made by the 
     subtitle, shall take effect on October 1, 2014.

                     Subtitle B--General Provisions

     SEC. 5011. WATERSHED PILOT PROJECTS.

       Section 122 of the Federal Water Pollution Control Act (33 
     U.S.C. 1274) is amended--
       (1) in the section heading, by striking ``WET WEATHER'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``for treatment works'' and inserting ``to 
     a municipality or municipal entity''; and
       (ii) by striking ``of wet weather discharge control'';
       (B) in paragraph (2), by striking ``in reducing such 
     pollutants'' and all that follows before the period at the 
     end and inserting ``to manage, reduce, treat, recapture, or 
     reuse municipal stormwater, including techniques that utilize 
     infiltration, evapotranspiration, and reuse of stormwater 
     onsite''; and
       (C) by adding at the end the following:
       ``(3) Watershed partnerships.--Efforts of municipalities 
     and property owners to demonstrate cooperative ways to 
     address nonpoint sources of pollution to reduce adverse 
     impacts on water quality.
       ``(4) Integrated water resource plan.--The development of 
     an integrated water resource plan for the coordinated 
     management and protection of surface water, ground water, and 
     stormwater resources on a watershed or subwatershed basis to 
     meet the objectives, goals, and policies of this Act.
       ``(5) Municipality-wide stormwater management planning.--
     The development of a municipality-wide plan that identifies 
     the most effective placement of stormwater technologies and 
     management approaches, to reduce water quality impairments 
     from stormwater on a municipality-wide basis.
       ``(6) Increased resilience of treatment works.--Efforts to 
     assess future risks and vulnerabilities of publicly owned 
     treatment works to manmade or natural disasters, including 
     extreme weather events and sea-level rise, and to carry out 
     measures, on a systemwide or area-wide basis, to increase the 
     resiliency of publicly owned treatment works.'';
       (3) by striking subsection (c);
       (4) by redesignating subsection (d) as subsection (c); and
       (5) in subsection (c) (as so redesignated) by striking ``5 
     years after the date of enactment of this section,'' and 
     inserting ``October 1, 2015,''.

     SEC. 5012. DEFINITION OF TREATMENT WORKS.

       (a) Grants for Construction of Treatment Works.--Section 
     212(2)(A) of the Federal Water Pollution Control Act (33 
     U.S.C. 1292(2)(A)) is amended--
       (1) by striking ``any works, including site'';
       (2) by striking ``is used for ultimate'' and inserting 
     ``will be used for ultimate''; and
       (3) by inserting before the period at the end the 
     following: ``and acquisition of other land, and interests in 
     land, that are necessary for construction''.
       (b) Definitions.--Section 502 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362) is amended by adding 
     at the end the following:
       ``(26) Treatment works.--The term `treatment works' has the 
     meaning given the term in section 212.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2014.

     SEC. 5013. FUNDING FOR INDIAN PROGRAMS.

       Section 518(c) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1377(c)) is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(1) Fiscal years 1987-2014.--The Administrator'';
       (2) in paragraph (1) (as so designated)--
       (A) by striking ``each fiscal year beginning after 
     September 30, 1986,'' and inserting ``each of fiscal years 
     1987 through 2014,''; and
       (B) by striking the second sentence; and
       (3) by adding at the end the following:
       ``(2) Fiscal year 2015 and thereafter.--For fiscal year 
     2015 and each fiscal year thereafter, the Administrator shall 
     reserve, before allotments to the States under section 
     604(a), not less than 0.5 percent and not more than 2.0 
     percent of the funds made available to carry out title VI.
       ``(3) Use of funds.--Funds reserved under this subsection 
     shall be available only for grants for projects and 
     activities eligible for assistance under section 603(c) to 
     serve--
       ``(A) Indian tribes (as defined in subsection (h));
       ``(B) former Indian reservations in Oklahoma (as determined 
     by the Secretary of the Interior); and
       ``(C) Native villages (as defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602)).''.

     SEC. 5014. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP 
                   PILOT PROGRAM.

       (a) In General.--The Secretary shall establish a pilot 
     program to evaluate the cost effectiveness and project 
     delivery efficiency of allowing non-Federal pilot applicants 
     to carry out authorized water resources development projects 
     for coastal harbor improvement, channel improvement, inland 
     navigation, flood damage reduction, aquatic ecosystem 
     restoration, and hurricane and storm damage reduction.
       (b) Purposes.--The purposes of the pilot program 
     established under subsection (a) are--
       (1) to identify cost-saving project delivery alternatives 
     that reduce the backlog of authorized Corps of Engineers 
     projects; and
       (2) to evaluate the technical, financial, and 
     organizational benefits of allowing a non-Federal pilot 
     applicant to carry out and manage the design or construction 
     (or both) of 1 or more of such projects.
       (c) Subsequent Appropriations.--Any activity undertaken 
     under this section is authorized only to the extent 
     specifically provided for in subsequent appropriations Acts.
       (d) Administration.--In carrying out the pilot program 
     established under subsection (a), the Secretary shall--
       (1) identify for inclusion in the program at least 15 
     projects that are authorized for construction for coastal 
     harbor improvement, channel improvement, inland navigation, 
     flood damage reduction, or hurricane and storm damage 
     reduction;
       (2) notify in writing the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives of each project identified under paragraph 
     (1);
       (3) in consultation with the non-Federal pilot applicant 
     associated with each project identified under paragraph (1), 
     develop a detailed project management plan for the project 
     that outlines the scope, financing, budget, design, and 
     construction resource requirements necessary for the non-
     Federal pilot applicant to execute the project, or a 
     separable element of the project;
       (4) at the request of the non-Federal pilot applicant 
     associated with each project identified under paragraph (1), 
     enter into a project partnership agreement with the non-
     Federal pilot applicant under which the non-Federal pilot 
     applicant is provided full project management control for the 
     financing, design, or construction (or any combination 
     thereof) of the project, or a separable element of the 
     project, in accordance with plans approved by the Secretary;
       (5) following execution of a project partnership agreement 
     under paragraph (4) and completion of all work under the 
     agreement, issue

[[Page H4101]]

     payment, in accordance with subsection (g), to the relevant 
     non-Federal pilot applicant for that work; and
       (6) regularly monitor and audit each project carried out 
     under the program to ensure that all activities related to 
     the project are carried out in compliance with plans approved 
     by the Secretary and that construction costs are reasonable.
       (e) Selection Criteria.--In identifying projects under 
     subsection (d)(1), the Secretary shall consider the extent to 
     which the project--
       (1) is significant to the economy of the United States;
       (2) leverages Federal investment by encouraging non-Federal 
     contributions to the project;
       (3) employs innovative project delivery and cost-saving 
     methods;
       (4) received Federal funds in the past and experienced 
     delays or missed scheduled deadlines;
       (5) has unobligated Corps of Engineers funding balances; 
     and
       (6) has not received Federal funding for recapitalization 
     and modernization since the project was authorized.
       (f) Detailed Project Schedule.--Not later than 180 days 
     after entering into a project partnership agreement under 
     subsection (d)(4), a non-Federal pilot applicant, to the 
     maximum extent practicable, shall submit to the Secretary a 
     detailed project schedule for the relevant project, based on 
     estimated funding levels, that specifies deadlines for each 
     milestone with respect to the project.
       (g) Payment.--Payment to the non-Federal pilot applicant 
     for work completed pursuant to a project partnership 
     agreement under subsection (d)(4) may be made from--
       (1) if applicable, the balance of the unobligated amounts 
     appropriated for the project; and
       (2) other amounts appropriated to the Corps of Engineers, 
     subject to the condition that the total amount transferred to 
     the non-Federal pilot applicant may not exceed the estimate 
     of the Federal share of the cost of construction, including 
     any required design.
       (h) Technical Assistance.--At the request of a non-Federal 
     pilot applicant participating in the pilot program 
     established under subsection (a), the Secretary may provide 
     to the non-Federal pilot applicant, if the non-Federal pilot 
     applicant contracts with and compensates the Secretary, 
     technical assistance with respect to--
       (1) a study, engineering activity, or design activity 
     related to a project carried out by the non-Federal pilot 
     applicant under the program; and
       (2) obtaining permits necessary for such a project.
       (i) Identification of Impediments.--
       (1) In general.--The Secretary shall--
       (A) except as provided in paragraph (2), identify any 
     procedural requirements under the authority of the Secretary 
     that impede greater use of public-private partnerships and 
     private investment in water resources development projects;
       (B) develop and implement, on a project-by-project basis, 
     procedures and approaches that--
       (i) address such impediments; and
       (ii) protect the public interest and any public investment 
     in water resources development projects that involve public-
     private partnerships or private investment in water resources 
     development projects; and
       (C) not later than 1 year after the date of enactment of 
     this section, issue rules to carry out the procedures and 
     approaches developed under subparagraph (B).
       (2) Rule of construction.--Nothing in this section allows 
     the Secretary to waive any requirement under--
       (A) sections 3141 through 3148 and sections 3701 through 
     3708 of title 40, United States Code;
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (C) any other provision of Federal law.
       (j) Public Benefit Studies.--
       (1) In general.--Before entering into a project partnership 
     agreement under subsection (d)(4), the Secretary shall 
     conduct an assessment of whether, and provide justification 
     in writing to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representative that, the 
     proposed agreement provides better public and financial 
     benefits than a similar transaction using public funding or 
     financing.
       (2) Requirements.--An assessment under paragraph (1) 
     shall--
       (A) be completed in a period of not more than 90 days;
       (B) take into consideration any supporting materials and 
     data submitted by the relevant non-Federal pilot applicant 
     and other stakeholders; and
       (C) determine whether the proposed project partnership 
     agreement is in the public interest by determining whether 
     the agreement will provide public and financial benefits, 
     including expedited project delivery and savings for 
     taxpayers.
       (k) Non-Federal Funding.--The non-Federal pilot applicant 
     may finance the non-Federal share of a project carried out 
     under the pilot program established under subsection (a).
       (l) Applicability of Federal Law.--Any provision of Federal 
     law that would apply to the Secretary if the Secretary were 
     carrying out a project shall apply to a non-Federal pilot 
     applicant carrying out a project under this section.
       (m) Cost Share.--Nothing in this section affects a cost-
     sharing requirement under Federal law that is applicable to a 
     project carried out under the pilot program established under 
     subsection (a).
       (n) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and make publicly available a report 
     describing the results of the pilot program established under 
     subsection (a), including any recommendations of the 
     Secretary concerning whether the program or any component of 
     the program should be implemented on a national basis.
       (o) Non-Federal Pilot Applicant Defined.--In this section, 
     the term ``non-Federal pilot applicant'' means--
       (1) the non-Federal sponsor of the water resources 
     development project;
       (2) a non-Federal interest, as defined in section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1982d-5b); or
       (3) a private entity with the consent of the local 
     government in which the project is located or that is 
     otherwise affected by the project.

            Subtitle C--Innovative Financing Pilot Projects

     SEC. 5021. SHORT TITLE.

       This subtitle may be cited as the ``Water Infrastructure 
     Finance and Innovation Act of 2014''.

     SEC. 5022. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Community water system.--The term ``community water 
     system'' has the meaning given the term in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f).
       (3) Federal credit instrument.--The term ``Federal credit 
     instrument'' means a secured loan or loan guarantee 
     authorized to be made available under this subtitle with 
     respect to a project.
       (4) Investment-grade rating.--The term ``investment-grade 
     rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
     (low), or higher assigned by a rating agency to project 
     obligations.
       (5) Lender.--
       (A) In general.--The term ``lender'' means any non-Federal 
     qualified institutional buyer (as defined in section 
     230.144A(a) of title 17, Code of Federal Regulations (or a 
     successor regulation), known as Rule 144A(a) of the 
     Securities and Exchange Commission and issued under the 
     Securities Act of 1933 (15 U.S.C. 77a et seq.)).
       (B) Inclusions.--The term ``lender'' includes--
       (i) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986) that is a 
     qualified institutional buyer; and
       (ii) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986) that is a qualified 
     institutional buyer.
       (6) Loan guarantee.--The term ``loan guarantee'' means any 
     guarantee or other pledge by the Secretary or the 
     Administrator to pay all or part of the principal of, and 
     interest on, a loan or other debt obligation issued by an 
     obligor and funded by a lender.
       (7) Obligor.--The term ``obligor'' means an eligible entity 
     that is primarily liable for payment of the principal of, or 
     interest on, a Federal credit instrument.
       (8) Project obligation.--
       (A) In general.--The term ``project obligation'' means any 
     note, bond, debenture, or other debt obligation issued by an 
     obligor in connection with the financing of a project.
       (B) Exclusion.--The term ``project obligation'' does not 
     include a Federal credit instrument.
       (9) Rating agency.--The term ``rating agency'' means a 
     credit rating agency registered with the Securities and 
     Exchange Commission as a nationally recognized statistical 
     rating organization (as defined in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
       (10) Secured loan.--The term ``secured loan'' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary or Administrator, as applicable, in 
     connection with the financing of a project under section 
     5029.
       (11) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (12) State infrastructure financing authority.--The term 
     ``State infrastructure financing authority'' means the State 
     entity established or designated by the Governor of a State 
     to receive a capitalization grant provided by, or otherwise 
     carry out the requirements of, title VI of the Federal Water 
     Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 
     1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
       (13) Subsidy amount.--The term ``subsidy amount'' means the 
     amount of budget authority sufficient to cover the estimated 
     long-term cost to the Federal Government of a Federal credit 
     instrument, as calculated on a net present value basis, 
     excluding administrative costs and any incidental effects on 
     governmental receipts or outlays in accordance with the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       (14) Substantial completion.--The term ``substantial 
     completion'', with respect to a project, means the earliest 
     date on which a project is considered to perform the 
     functions for which the project is designed.
       (15) Treatment works.--The term ``treatment works'' has the 
     meaning given the term in section 212 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1292).

     SEC. 5023. AUTHORITY TO PROVIDE ASSISTANCE.

       (a) In General.--The Secretary and the Administrator may 
     provide financial assistance under this subtitle to carry out 
     pilot projects, which shall be selected to ensure a diversity 
     of project types and geographical locations.
       (b) Responsibility.--
       (1) Secretary.--The Secretary shall carry out all pilot 
     projects under this subtitle that are eligible projects under 
     section 5026(1).

[[Page H4102]]

       (2) Administrator.--The Administrator shall carry out all 
     pilot projects under this subtitle that are eligible projects 
     under paragraphs (2), (3), (4), (5), (6), and (8) of section 
     5026.
       (3) Other projects.--The Secretary or the Administrator, as 
     applicable, may carry out eligible projects under paragraph 
     (7) or (9) of section 5026.

     SEC. 5024. APPLICATIONS.

       (a) In General.--To receive assistance under this subtitle, 
     an eligible entity shall submit to the Secretary or the 
     Administrator, as applicable, an application at such time, in 
     such manner, and containing such information as the Secretary 
     or the Administrator may require.
       (b) Combined Projects.--In the case of an eligible project 
     described in paragraph (8) or (9) of section 5026, the 
     Secretary or the Administrator, as applicable, shall require 
     the eligible entity to submit a single application for the 
     combined group of projects.

     SEC. 5025. ELIGIBLE ENTITIES.

       The following entities are eligible to receive assistance 
     under this subtitle:
       (1) A corporation.
       (2) A partnership.
       (3) A joint venture.
       (4) A trust.
       (5) A Federal, State, or local governmental entity, agency, 
     or instrumentality.
       (6) A tribal government or consortium of tribal 
     governments.
       (7) A State infrastructure financing authority.

     SEC. 5026. PROJECTS ELIGIBLE FOR ASSISTANCE.

       The following projects may be carried out with amounts made 
     available under this subtitle:
       (1) Any project for flood damage reduction, hurricane and 
     storm damage reduction, environmental restoration, coastal or 
     inland harbor navigation improvement, or inland and 
     intracoastal waterways navigation improvement that the 
     Secretary determines is technically sound, economically 
     justified, and environmentally acceptable, including--
       (A) a project to reduce flood damage;
       (B) a project to restore aquatic ecosystems;
       (C) a project to improve the inland and intracoastal 
     waterways navigation system of the United States; and
       (D) a project to improve navigation of a coastal or inland 
     harbor of the United States, including channel deepening and 
     construction of associated general navigation features.
       (2) 1 or more activities that are eligible for assistance 
     under section 603(c) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1383(c)), notwithstanding the public ownership 
     requirement under paragraph (1) of that subsection.
       (3) 1 or more activities described in section 1452(a)(2) of 
     the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)).
       (4) A project for enhanced energy efficiency in the 
     operation of a public water system or a publicly owned 
     treatment works.
       (5) A project for repair, rehabilitation, or replacement of 
     a treatment works, community water system, or aging water 
     distribution or waste collection facility (including a 
     facility that serves a population or community of an Indian 
     reservation).
       (6) A brackish or sea water desalination project, a managed 
     aquifer recharge project, or a water recycling project.
       (7) Acquisition of real property or an interest in real 
     property--
       (A) if the acquisition is integral to a project described 
     in paragraphs (1) through (6); or
       (B) pursuant to an existing plan that, in the judgment of 
     the Administrator or the Secretary, as applicable, would 
     mitigate the environmental impacts of water resources 
     infrastructure projects otherwise eligible for assistance 
     under this section.
       (8) A combination of projects, each of which is eligible 
     under paragraph (2) or (3), for which a State infrastructure 
     financing authority submits to the Administrator a single 
     application.
       (9) A combination of projects secured by a common security 
     pledge, each of which is eligible under paragraph (1), (2), 
     (3), (4), (5), (6), or (7), for which an eligible entity, or 
     a combination of eligible entities, submits a single 
     application.

     SEC. 5027. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

       For purposes of this subtitle, an eligible activity with 
     respect to an eligible project includes the cost of--
       (1) development-phase activities, including planning, 
     feasibility analysis (including any related analysis 
     necessary to carry out an eligible project), revenue 
     forecasting, environmental review, permitting, preliminary 
     engineering and design work, and other preconstruction 
     activities;
       (2) construction, reconstruction, rehabilitation, and 
     replacement activities;
       (3) the acquisition of real property or an interest in real 
     property (including water rights, land relating to the 
     project, and improvements to land), environmental mitigation 
     (including acquisitions pursuant to section 5026(7)), 
     construction contingencies, and acquisition of equipment; and
       (4) capitalized interest necessary to meet market 
     requirements, reasonably required reserve funds, capital 
     issuance expenses, and other carrying costs during 
     construction.

     SEC. 5028. DETERMINATION OF ELIGIBILITY AND PROJECT 
                   SELECTION.

       (a) Eligibility Requirements.--To be eligible to receive 
     financial assistance under this subtitle, a project shall 
     meet the following criteria, as determined by the Secretary 
     or Administrator, as applicable:
       (1) Creditworthiness.--
       (A) In general.--The project and obligor shall be 
     creditworthy, which shall be determined by the Secretary or 
     the Administrator, as applicable.
       (B) Considerations.--In determining the creditworthiness of 
     a project and obligor, the Secretary or the Administrator, as 
     applicable, shall take into consideration relevant factors, 
     including--
       (i) the terms, conditions, financial structure, and 
     security features of the proposed financing;
       (ii) the dedicated revenue sources that will secure or fund 
     the project obligations;
       (iii) the financial assumptions upon which the project is 
     based; and
       (iv) the financial soundness and credit history of the 
     obligor.
       (C) Security features.--The Secretary or the Administrator, 
     as applicable, shall ensure that any financing for the 
     project has appropriate security features, such as a rate 
     covenant, supporting the project obligations to ensure 
     repayment.
       (D) Rating opinion letters.--
       (i) Preliminary rating opinion letter.--The Secretary or 
     the Administrator, as applicable, shall require each project 
     applicant to provide, at the time of application, a 
     preliminary rating opinion letter from at least 1 rating 
     agency indicating that the senior obligations of the project 
     (which may be the Federal credit instrument) have the 
     potential to achieve an investment-grade rating.
       (ii) Final rating opinion letters.--The Secretary or the 
     Administrator, as applicable, shall require each project 
     applicant to provide, prior to final acceptance and financing 
     of the project, final rating opinion letters from at least 2 
     rating agencies indicating that the senior obligations of the 
     project have an investment-grade rating.
       (E) Special rule for certain combined projects.--The 
     Administrator shall develop a credit evaluation process for a 
     Federal credit instrument provided to a State infrastructure 
     financing authority for a project under section 5026(8) or an 
     entity for a project under section 5026(9), which may include 
     requiring the provision of a final rating opinion letter from 
     at least 2 rating agencies.
       (2) Eligible project costs.--
       (A) In general.--Subject to subparagraph (B), the eligible 
     project costs of a project shall be reasonably anticipated to 
     be not less than $20,000,000.
       (B) Small community water infrastructure projects.--For a 
     project described in paragraph (2) or (3) of section 5026 
     that serves a community of not more than 25,000 individuals, 
     the eligible project costs of a project shall be reasonably 
     anticipated to be not less than $5,000,000.
       (3) Dedicated revenue sources.--The Federal credit 
     instrument for the project shall be repayable, in whole or in 
     part, from dedicated revenue sources that also secure the 
     project obligations.
       (4) Public sponsorship of private entities.--
       (A) In general.--If an eligible project is carried out by 
     an entity that is not a State or local government or an 
     agency or instrumentality of a State or local government or a 
     tribal government or consortium of tribal governments, the 
     project shall be publicly sponsored.
       (B) Public sponsorship.--For purposes of this subtitle, a 
     project shall be considered to be publicly sponsored if the 
     obligor can demonstrate, to the satisfaction of the Secretary 
     or the Administrator, as appropriate, that the project 
     applicant has consulted with the affected State, local, or 
     tribal government in which the project is located, or is 
     otherwise affected by the project, and that such government 
     supports the proposed project.
       (5) Limitation.--No project receiving Federal credit 
     assistance under this subtitle may be financed (directly or 
     indirectly), in whole or in part, with proceeds of any 
     obligation--
       (A) the interest on which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986; or
       (B) with respect to which credit is allowable under subpart 
     I or J of part IV of subchapter A of chapter 1 of such Code.
       (6) Use of existing financing mechanisms.--
       (A) Notification.--For each eligible project for which the 
     Administrator has authority under paragraph (2) or (3) of 
     section 5023(b) and for which the Administrator has received 
     an application for financial assistance under this subtitle, 
     the Administrator shall notify, not later than 30 days after 
     the date on which the Administrator receives a complete 
     application, the applicable State infrastructure financing 
     authority of the State in which the project is located that 
     such application has been submitted.
       (B) Determination.--If, not later than 60 days after the 
     date of receipt of a notification under subparagraph (A), a 
     State infrastructure financing authority notifies the 
     Administrator that the State infrastructure financing 
     authority intends to commit funds to the project in an amount 
     that is equal to or greater than the amount requested under 
     the application, the Administrator may not provide any 
     financial assistance for that project under this subtitle 
     unless--
       (i) by the date that is 180 days after the date of receipt 
     of a notification under subparagraph (A), the State 
     infrastructure financing authority fails to enter into an 
     assistance agreement to provide funds for the project; or
       (ii) the financial assistance to be provided by the State 
     infrastructure financing authority will be at rates and terms 
     that are less favorable than the rates and terms for 
     financial assistance provided under this subtitle.
       (7) Operation and maintenance plan.--
       (A) In general.--The Secretary or the Administrator, as 
     applicable, shall determine whether an applicant for 
     assistance under this subtitle has developed, and identified 
     adequate revenues to implement, a plan for operating, 
     maintaining, and repairing the project over the useful life 
     of the project.

[[Page H4103]]

       (B) Special rule.--An eligible project described in section 
     5026(1) that has not been specifically authorized by Congress 
     shall not be eligible for Federal assistance for operations 
     and maintenance.
       (b) Selection Criteria.--
       (1) Establishment.--The Secretary or the Administrator, as 
     applicable, shall establish criteria for the selection of 
     projects that meet the eligibility requirements of subsection 
     (a), in accordance with paragraph (2).
       (2) Criteria.--The selection criteria shall include the 
     following:
       (A) The extent to which the project is nationally or 
     regionally significant, with respect to the generation of 
     economic and public benefits, such as--
       (i) the reduction of flood risk;
       (ii) the improvement of water quality and quantity, 
     including aquifer recharge;
       (iii) the protection of drinking water, including source 
     water protection; and
       (iv) the support of international commerce.
       (B) The extent to which the project financing plan includes 
     public or private financing in addition to assistance under 
     this subtitle.
       (C) The likelihood that assistance under this subtitle 
     would enable the project to proceed at an earlier date than 
     the project would otherwise be able to proceed.
       (D) The extent to which the project uses new or innovative 
     approaches.
       (E) The amount of budget authority required to fund the 
     Federal credit instrument made available under this subtitle.
       (F) The extent to which the project--
       (i) protects against extreme weather events, such as floods 
     or hurricanes; or
       (ii) helps maintain or protect the environment.
       (G) The extent to which a project serves regions with 
     significant energy exploration, development, or production 
     areas.
       (H) The extent to which a project serves regions with 
     significant water resource challenges, including the need to 
     address--
       (i) water quality concerns in areas of regional, national, 
     or international significance;
       (ii) water quantity concerns related to groundwater, 
     surface water, or other water sources;
       (iii) significant flood risk;
       (iv) water resource challenges identified in existing 
     regional, State, or multistate agreements; or
       (v) water resources with exceptional recreational value or 
     ecological importance.
       (I) The extent to which the project addresses identified 
     municipal, State, or regional priorities.
       (J) The readiness of the project to proceed toward 
     development, including a demonstration by the obligor that 
     there is a reasonable expectation that the contracting 
     process for construction of the project can commence by not 
     later than 90 days after the date on which a Federal credit 
     instrument is obligated for the project under this subtitle.
       (K) The extent to which assistance under this subtitle 
     reduces the contribution of Federal assistance to the 
     project.
       (3) Special rule for certain combined projects.--For a 
     project described in section 5026(8), the Administrator shall 
     only consider the criteria described in subparagraphs (B) 
     through (K) of paragraph (2).
       (c) Federal Requirements.--Nothing in this section 
     supersedes the applicability of other requirements of Federal 
     law (including regulations).

     SEC. 5029. SECURED LOANS.

       (a) Agreements.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary or the Administrator, as applicable, may enter into 
     agreements with 1 or more obligors to make secured loans, the 
     proceeds of which shall be used to finance eligible project 
     costs of any project selected under section 5028.
       (2) Financial risk assessment.--Before entering into an 
     agreement under this subsection for a secured loan, the 
     Secretary or the Administrator, as applicable, in 
     consultation with the Director of the Office of Management 
     and Budget and each rating agency providing a rating opinion 
     letter under section 5028(a)(1)(D), shall determine an 
     appropriate capital reserve subsidy amount for the secured 
     loan, taking into account each such rating opinion letter.
       (3) Investment-grade rating requirement.--The execution of 
     a secured loan under this section shall be contingent on 
     receipt by the senior obligations of the project of an 
     investment-grade rating.
       (b) Terms and Limitations.--
       (1) In general.--A secured loan provided for a project 
     under this section shall be subject to such terms and 
     conditions, and contain such covenants, representations, 
     warranties, and requirements (including requirements for 
     audits), as the Secretary or the Administrator, as 
     applicable, determines to be appropriate.
       (2) Maximum amount.--The amount of a secured loan under 
     this section shall not exceed the lesser of--
       (A) an amount equal to 49 percent of the reasonably 
     anticipated eligible project costs; and
       (B) if the secured loan does not receive an investment-
     grade rating, the amount of the senior project obligations of 
     the project.
       (3) Payment.--A secured loan under this section--
       (A) shall be payable, in whole or in part, from State or 
     local taxes, user fees, or other dedicated revenue sources 
     that also secure the senior project obligations of the 
     relevant project;
       (B) shall include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       (C) may have a lien on revenues described in subparagraph 
     (A), subject to any lien securing project obligations.
       (4) Interest rate.--The interest rate on a secured loan 
     under this section shall be not less than the yield on United 
     States Treasury securities of a similar maturity to the 
     maturity of the secured loan on the date of execution of the 
     loan agreement.
       (5) Maturity date.--
       (A) In general.--The final maturity date of a secured loan 
     under this section shall be the earlier of--
       (i) the date that is 35 years after the date of substantial 
     completion of the relevant project (as determined by the 
     Secretary or the Administrator, as applicable); and
       (ii) if the useful life of the project (as determined by 
     the Secretary or Administrator, as applicable) is less than 
     35 years, the useful life the project.
       (B) Special rule for state infrastructure financing 
     authorities.--The final maturity date of a secured loan to a 
     State infrastructure financing authority under this section 
     shall be not later than 35 years after the date on which 
     amounts are first disbursed.
       (6) Nonsubordination.--A secured loan under this section 
     shall not be subordinated to the claims of any holder of 
     project obligations in the event of bankruptcy, insolvency, 
     or liquidation of the obligor of the project.
       (7) Fees.--The Secretary or the Administrator, as 
     applicable, may establish fees at a level sufficient to cover 
     all or a portion of the costs to the Federal Government of 
     making a secured loan under this section.
       (8) Non-federal share.--The proceeds of a secured loan 
     under this section may be used to pay any non-Federal share 
     of project costs required if the loan is repayable from non-
     Federal funds.
       (9) Maximum federal involvement.--
       (A) In general.--Except as provided in subparagraph (B), 
     for each project for which assistance is provided under this 
     subtitle, the total amount of Federal assistance shall not 
     exceed 80 percent of the total project cost.
       (B) Exceptions.--Subparagraph (A) shall not apply to any 
     rural water project--
       (i) that is authorized to be carried out by the Secretary 
     of the Interior;
       (ii) that includes among its beneficiaries a federally 
     recognized Indian tribe; and
       (iii) for which the authorized Federal share of the total 
     project costs is greater than the amount described in 
     subparagraph (A).
       (c) Repayment.--
       (1) Schedule.--The Secretary or the Administrator, as 
     applicable, shall establish a repayment schedule for each 
     secured loan provided under this section, based on the 
     projected cash flow from project revenues and other repayment 
     sources.
       (2) Commencement.--
       (A) In general.--Scheduled loan repayments of principal or 
     interest on a secured loan under this section shall commence 
     not later than 5 years after the date of substantial 
     completion of the project (as determined by the Secretary or 
     Administrator, as applicable).
       (B) Special rule for state infrastructure financing 
     authorities.--Scheduled loan repayments of principal or 
     interest on a secured loan to a State infrastructure 
     financing authority under this subtitle shall commence not 
     later than 5 years after the date on which amounts are first 
     disbursed.
       (3) Deferred payments.--
       (A) Authorization.--If, at any time after the date of 
     substantial completion of a project for which a secured loan 
     is provided under this section, the project is unable to 
     generate sufficient revenues to pay the scheduled loan 
     repayments of principal and interest on the secured loan, the 
     Secretary or the Administrator, as applicable, subject to 
     subparagraph (C), may allow the obligor to add unpaid 
     principal and interest to the outstanding balance of the 
     secured loan.
       (B) Interest.--Any payment deferred under subparagraph (A) 
     shall--
       (i) continue to accrue interest in accordance with 
     subsection (b)(4) until fully repaid; and
       (ii) be scheduled to be amortized over the remaining term 
     of the secured loan.
       (C) Criteria.--
       (i) In general.--Any payment deferral under subparagraph 
     (A) shall be contingent on the project meeting such criteria 
     as the Secretary or the Administrator, as applicable, may 
     establish.
       (ii) Repayment standards.--The criteria established under 
     clause (i) shall include standards for reasonable assurance 
     of repayment.
       (4) Prepayment.--
       (A) Use of excess revenues.--Any excess revenues that 
     remain after satisfying scheduled debt service requirements 
     on the project obligations and secured loan and all deposit 
     requirements under the terms of any trust agreement, bond 
     resolution, or similar agreement securing project obligations 
     may be applied annually to prepay a secured loan under this 
     section without penalty.
       (B) Use of proceeds of refinancing.--A secured loan under 
     this section may be prepaid at any time without penalty from 
     the proceeds of refinancing from non-Federal funding sources.
       (d) Sale of Secured Loans.--
       (1) In general.--Subject to paragraph (2), as soon as 
     practicable after the date of substantial completion of a 
     project and after providing a notice to the obligor, the 
     Secretary or the Administrator, as applicable, may sell to 
     another entity or reoffer into the capital markets a secured 
     loan for a project under this section, if the Secretary or 
     the Administrator, as applicable, determines that the sale or 
     reoffering can be made on favorable terms.
       (2) Consent of obligor.--In making a sale or reoffering 
     under paragraph (1), the Secretary or the Administrator, as 
     applicable, may not change the original terms and conditions 
     of the secured loan without the written consent of the 
     obligor.
       (e) Loan Guarantees.--
       (1) In general.--The Secretary or the Administrator, as 
     applicable, may provide a loan guarantee to a lender in lieu 
     of making a secured

[[Page H4104]]

     loan under this section, if the Secretary or the 
     Administrator, as applicable, determines that the budgetary 
     cost of the loan guarantee is substantially the same as that 
     of a secured loan.
       (2) Terms.--The terms of a loan guarantee provided under 
     this subsection shall be consistent with the terms 
     established in this section for a secured loan, except that 
     the rate on the guaranteed loan and any prepayment features 
     shall be negotiated between the obligor and the lender, with 
     the consent of the Secretary or the Administrator, as 
     applicable.

     SEC. 5030. PROGRAM ADMINISTRATION.

       (a) Requirement.--The Secretary or the Administrator, as 
     applicable, shall establish a uniform system to service the 
     Federal credit instruments made available under this 
     subtitle.
       (b) Fees.--
       (1) In general.--The Secretary or the Administrator, as 
     applicable, may collect and spend fees, contingent on 
     authority being provided in appropriations Acts, at a level 
     that is sufficient to cover--
       (A) the costs of services of expert firms retained pursuant 
     to subsection (d); and
       (B) all or a portion of the costs to the Federal Government 
     of servicing the Federal credit instruments provided under 
     this subtitle.
       (c) Servicer.--
       (1) In general.--The Secretary or the Administrator, as 
     applicable, may appoint a financial entity to assist the 
     Secretary or the Administrator in servicing the Federal 
     credit instruments provided under this subtitle.
       (2) Duties.--A servicer appointed under paragraph (1) shall 
     act as the agent for the Secretary or the Administrator, as 
     applicable.
       (3) Fee.--A servicer appointed under paragraph (1) shall 
     receive a servicing fee, subject to approval by the Secretary 
     or the Administrator, as applicable.
       (d) Assistance From Experts.--The Secretary or the 
     Administrator, as applicable, may retain the services, 
     including counsel, of organizations and entities with 
     expertise in the field of municipal and project finance to 
     assist in the underwriting and servicing of Federal credit 
     instruments provided under this subtitle.
       (e) Applicability of Other Laws.--Section 513 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1372) applies 
     to the construction of a project carried out, in whole or in 
     part, with assistance made available through a Federal credit 
     instrument under this subtitle in the same manner that 
     section applies to a treatment works for which a grant is 
     made available under that Act.

     SEC. 5031. STATE, TRIBAL, AND LOCAL PERMITS.

       The provision of financial assistance for a project under 
     this subtitle shall not--
       (1) relieve any recipient of the assistance of any 
     obligation to obtain any required State, local, or tribal 
     permit or approval with respect to the project;
       (2) limit the right of any unit of State, local, or tribal 
     government to approve or regulate any rate of return on 
     private equity invested in the project; or
       (3) otherwise supersede any State, local, or tribal law 
     (including any regulation) applicable to the construction or 
     operation of the project.

     SEC. 5032. REGULATIONS.

       The Secretary or the Administrator, as applicable, may 
     promulgate such regulations as the Secretary or Administrator 
     determines to be appropriate to carry out this subtitle.

     SEC. 5033. FUNDING.

       (a) In General.--There is authorized to be appropriated to 
     each of the Secretary and the Administrator to carry out this 
     subtitle, to remain available until expended--
       (1) $20,000,000 for fiscal year 2015;
       (2) $25,000,000 for fiscal year 2016;
       (3) $35,000,000 for fiscal year 2017;
       (4) $45,000,000 for fiscal year 2018; and
       (5) $50,000,000 for fiscal year 2019.
       (b) Administrative Costs.--Of the funds made available to 
     carry out this subtitle, the Secretary or the Administrator, 
     as applicable, may use for the administration of this 
     subtitle, including for the provision of technical assistance 
     to aid project sponsors in obtaining the necessary approvals 
     for the project, not more than $2,200,000 for each of fiscal 
     years 2015 through 2019.
       (c) Small Community Water Infrastructure Projects.--
       (1) In general.--For each fiscal year, the Secretary or the 
     Administrator, as applicable, shall set aside not less than 
     15 percent of the amounts made available for that fiscal year 
     under this section for small community water infrastructure 
     projects described in section 5028(a)(2)(B).
       (2) Administration.--Any amounts set aside under paragraph 
     (1) that remain unobligated on June 1 of the fiscal year for 
     which the amounts are set aside shall be available for 
     obligation by the Secretary or the Administrator, as 
     applicable, for projects other than small community water 
     infrastructure projects.
       (d) Additional Funding.--Notwithstanding section 
     5029(b)(2), the Secretary or the Administrator, as 
     applicable, may make available up to 25 percent of the 
     amounts made available for each fiscal year under this 
     section for loans in excess of 49 percent of the total 
     project costs.

     SEC. 5034. REPORTS ON PILOT PROGRAM IMPLEMENTATION.

       (a) Agency Reporting.--As soon as practicable after each 
     fiscal year for which amounts are made available to carry out 
     this subtitle, the Secretary and the Administrator shall 
     publish on a dedicated, publicly accessible Internet site--
       (1) each application received for assistance under this 
     subtitle; and
       (2) a list of the projects selected for assistance under 
     this subtitle, including--
       (A) a description of each project;
       (B) the amount of financial assistance provided for each 
     project; and
       (C) the basis for the selection of each project with 
     respect to the requirements of this subtitle.
       (b) Reports to Congress.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report summarizing for the projects that 
     are receiving, or have received, assistance under this 
     subtitle--
       (A) the applications received for assistance under this 
     subtitle;
       (B) the projects selected for assistance under this 
     subtitle, including a description of the projects and the 
     basis for the selection of those projects with respect to the 
     requirements of this subtitle;
       (C) the type and amount of financial assistance provided 
     for each project selected for assistance under this subtitle;
       (D) the financial performance of each project selected for 
     assistance under this subtitle, including an evaluation of 
     whether the objectives of this subtitle are being met;
       (E) the benefits and impacts of implementation of this 
     subtitle, including the public benefit provided by the 
     projects selected for assistance under this subtitle, 
     including, as applicable, water quality and water quantity 
     improvement, the protection of drinking water, and the 
     reduction of flood risk; and
       (F) an evaluation of the feasibility of attracting non-
     Federal public or private financing for water infrastructure 
     projects as a result of the implementation of this subtitle.
       (2) Recommendations.--The report under paragraph (1) shall 
     include--
       (A) an evaluation of the impacts (if any) of the limitation 
     under section 5028 (a)(5) on the ability of eligible entities 
     to finance water infrastructure projects under this subtitle;
       (B) a recommendation as to whether the objectives of this 
     subtitle would be best served--
       (i) by continuing the authority of the Secretary or the 
     Administrator, as applicable, to provide assistance under 
     this subtitle;
       (ii) by establishing a Government corporation or 
     Government-sponsored enterprise to provide assistance in 
     accordance with this subtitle; or
       (iii) by terminating the authority of the Secretary and the 
     Administrator under this subtitle and relying on the capital 
     markets to fund the types of infrastructure investments 
     assisted by this subtitle without Federal participation; and
       (C) any proposed changes to improve the efficiency and 
     effectiveness of this subtitle in providing financing for 
     water infrastructure projects, taking into consideration the 
     recommendations made under subparagraphs (A) and (B).

     SEC. 5035. REQUIREMENTS.

       (a) In General.--Except as provided in subsection (c), none 
     of the amounts made available under this subtitle may be used 
     for the construction, alteration, maintenance, or repair of a 
     project eligible for assistance under this subtitle unless 
     all of the iron and steel products used in the project are 
     produced in the United States.
       (b) Definition of Iron and Steel Products.--In this 
     section, the term ``iron and steel products'' means the 
     following products made primarily of iron or steel: lined or 
     unlined pipes and fittings, manhole covers and other 
     municipal castings, hydrants, tanks, flanges, pipe clamps and 
     restraints, valves, structural steel, reinforced precast 
     concrete, and construction materials.
       (c) Application.--Subsection (a) shall not apply in any 
     case or category of cases in which the Administrator finds 
     that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron and steel products are not produced in the United 
     States in sufficient and reasonably available quantities and 
     of a satisfactory quality; or
       (3) inclusion of iron and steel products produced in the 
     United States will increase the cost of the overall project 
     by more than 25 percent.
       (d) Waiver.--If the Administrator receives a request for a 
     waiver under this section, the Administrator shall make 
     available to the public, on an informal basis, a copy of the 
     request and information available to the Administrator 
     concerning the request, and shall allow for informal public 
     input on the request for at least 15 days prior to making a 
     finding based on the request. The Administrator shall make 
     the request and accompanying information available by 
     electronic means, including on the official public Internet 
     Web site of the Environmental Protection Agency.
       (e) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.

            TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

     SEC. 6001. DEAUTHORIZATION OF INACTIVE PROJECTS.

       (a) Purposes.--The purposes of this section are--
       (1) to identify $18,000,000,000 in water resources 
     development projects authorized by Congress that are no 
     longer viable for construction due to--
       (A) a lack of local support;
       (B) a lack of available Federal or non-Federal resources; 
     or
       (C) an authorizing purpose that is no longer relevant or 
     feasible;
       (2) to create an expedited and definitive process to 
     deauthorize water resources development projects that are no 
     longer viable for construction; and
       (3) to allow the continued authorization of water resources 
     development projects that are viable for construction.
       (b) Comprehensive Status Reports.--Section 1001(b) of the 
     Water Resources Development

[[Page H4105]]

     Act of 1986 (33 U.S.C. 579a(b)) is amended by adding at the 
     end the following:
       ``(3) Minimum funding list.--At the end of each fiscal 
     year, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, and make available on a publicly accessible 
     Internet site in a manner that is downloadable, searchable, 
     and sortable, a list of--
       ``(A) projects or separable elements of projects authorized 
     for construction for which funding has been obligated during 
     the current fiscal year or any of the 6 preceding fiscal 
     years;
       ``(B) the amount of funding obligated for each such project 
     or separable element per fiscal year;
       ``(C) the current phase of each such project or separable 
     element of a project; and
       ``(D) the amount required to complete the current phase of 
     each such project or separable element.
       ``(4) Comprehensive backlog report.--
       ``(A) In general.--The Secretary shall compile and publish 
     a complete list of all projects and separable elements of 
     projects of the Corps of Engineers that are authorized for 
     construction but have not been completed.
       ``(B) Required information.--The Secretary shall include on 
     the list developed under subparagraph (A) for each project 
     and separable element on that list--
       ``(i) the date of authorization of the project or separable 
     element, including any subsequent modifications to the 
     original authorization;
       ``(ii) the original budget authority for the project or 
     separable element;
       ``(iii) a brief description of the project or separable 
     element;
       ``(iv) the estimated date of completion of the project or 
     separable element;
       ``(v) the estimated cost of completion of the project or 
     separable element; and
       ``(vi) any amounts appropriated for the project or 
     separable element that remain unobligated.
       ``(C) Publication.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of this paragraph, the Secretary shall submit a 
     copy of the list developed under subparagraph (A) to--

       ``(I) the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives; and
       ``(II) the Director of the Office of Management and Budget.

       ``(ii) Public availability.--Beginning on the date the 
     Secretary submits the report to Congress under clause (i), 
     the Secretary shall make a copy of the list available on a 
     publicly accessible Internet site in a manner that is 
     downloadable, searchable, and sortable.''.
       (c) Interim Deauthorization List.--
       (1) In general.--The Secretary shall develop an interim 
     deauthorization list that identifies each water resources 
     development project, or separable element of a project, 
     authorized for construction before November 8, 2007, for 
     which--
       (A) construction was not initiated before the date of 
     enactment of this Act; or
       (B) construction was initiated before the date of enactment 
     of this Act, but for which no funds, Federal or non-Federal, 
     were obligated for construction of the project or separable 
     element of the project during the current fiscal year or any 
     of the 6 preceding fiscal years.
       (2) Special rule for projects receiving funds for post-
     authorization study.--A project or separable element of a 
     project may not be identified on the interim deauthorization 
     list, or the final deauthorization list developed under 
     subsection (d), if the project or separable element received 
     funding for a post-authorization study during the current 
     fiscal year or any of the 6 preceding fiscal years.
       (3) Public comment and consultation.--
       (A) In general.--The Secretary shall solicit comments from 
     the public and the Governors of each applicable State on the 
     interim deauthorization list developed under paragraph (1).
       (B) Comment period.--The public comment period shall be 90 
     days.
       (4) Submission to congress; publication.--Not later than 90 
     days after the date of submission of the list required by 
     section 1001(b)(4)(A) of the Water Resources Development Act 
     of 1986 (as added by subsection (b)), the Secretary shall--
       (A) submit the interim deauthorization list to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives; and
       (B) publish the interim deauthorization list in the Federal 
     Register.
       (d) Final Deauthorization List.--
       (1) In general.--The Secretary shall develop a final 
     deauthorization list of each water resources development 
     project, or separable element of a project, described in 
     subsection (c)(1) that is identified pursuant to this 
     subsection.
       (2) Deauthorization amount.--
       (A) In general.--The Secretary shall include on the final 
     deauthorization list projects and separable elements of 
     projects that have, in the aggregate, an estimated Federal 
     cost to complete that is at least $18,000,000,000.
       (B) Determination of federal cost to complete.--For 
     purposes of subparagraph (A), the Federal cost to complete 
     shall take into account any allowances authorized by section 
     902 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2280), as applied to the most recent project schedule and 
     cost estimate.
       (3) Identification of projects.--
       (A) Sequencing of projects.--
       (i) In general.--The Secretary shall identify projects and 
     separable elements of projects for inclusion on the final 
     deauthorization list according to the order in which the 
     projects and separable elements of the projects were 
     authorized, beginning with the earliest authorized projects 
     and separable elements of projects and ending once the last 
     project or separable element of a project necessary to meet 
     the aggregate amount under paragraph (2) is identified.
       (ii) Factors to consider.--The Secretary may identify 
     projects and separable elements of projects in an order other 
     than that established by clause (i) if the Secretary 
     determines, on a case-by-case basis, that a project or 
     separable element of a project is critical for interests of 
     the United States, based on the possible impact of the 
     project or separable element of the project on public health 
     and safety, the national economy, or the environment.
       (iii) Consideration of public comments.--In making 
     determinations under clause (ii), the Secretary shall 
     consider any comments received under subsection (c)(3).
       (B) Appendix.--The Secretary shall include as part of the 
     final deauthorization list an appendix that--
       (i) identifies each project or separable element of a 
     project on the interim deauthorization list developed under 
     subsection (c) that is not included on the final 
     deauthorization list; and
       (ii) describes the reasons why the project or separable 
     element is not included.
       (4) Submission to congress; publication.--Not later than 
     120 days after the date on which the public comment period 
     under subsection (c)(3) expires, the Secretary shall--
       (A) submit the final deauthorization list and the appendix 
     to the final deauthorization list to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives; and
       (B) publish the final deauthorization list and the appendix 
     to the final deauthorization list in the Federal Register.
       (e) Deauthorization; Congressional Review.--
       (1) In general.--After the expiration of the 180-day period 
     beginning on the date of submission of the final 
     deauthorization report under subsection (d), a project or 
     separable element of a project identified in the report is 
     hereby deauthorized, unless Congress passes a joint 
     resolution disapproving the final deauthorization report 
     prior to the end of such period.
       (2) Non-federal contributions.--
       (A) In general.--A project or separable element of a 
     project identified in the final deauthorization report under 
     subsection (d) shall not be deauthorized under this 
     subsection if, before the expiration of the 180-day period 
     referred to in paragraph (1), the non-Federal interest for 
     the project or separable element of the project provides 
     sufficient funds to complete the project or separable element 
     of the project.
       (B) Treatment of projects.--Notwithstanding subparagraph 
     (A), each project and separable element of a project 
     identified in the final deauthorization report shall be 
     treated as deauthorized for purposes of the aggregate 
     deauthorization amount specified in subsection (d)(2).
       (f) General Provisions.--
       (1) Definitions.--In this section:
       (A) Post-authorization study.--The term ``post-
     authorization study'' means--
       (i) a feasibility report developed under section 905 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2282);
       (ii) a feasibility study, as defined in section 105(d) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2215(d)); or
       (iii) a review conducted under section 216 of the Flood 
     Control Act of 1970 (33 U.S.C. 549a), including an initial 
     appraisal that--

       (I) demonstrates a Federal interest; and
       (II) requires additional analysis for the project or 
     separable element.

       (B) Water resources development project.--The term ``water 
     resources development project'' includes an environmental 
     infrastructure assistance project or program of the Corps of 
     Engineers.
       (2) Treatment of project modifications.--For purposes of 
     this section, if an authorized water resources development 
     project or separable element of the project has been modified 
     by an Act of Congress, the date of the authorization of the 
     project or separable element shall be deemed to be the date 
     of the most recent such modification.

     SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

       (a) Assessment and Inventory.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall 
     conduct an assessment of all properties under the control of 
     the Corps of Engineers and develop an inventory of the 
     properties that are not needed for the missions of the Corps 
     of Engineers.
       (b) Criteria.--In conducting the assessment and developing 
     the inventory under subsection (a), the Secretary shall use 
     the following criteria:
       (1) The extent to which the property aligns with the 
     current missions of the Corps of Engineers.
       (2) The economic impact of the property on existing 
     communities in the vicinity of the property.
       (3) The extent to which the utilization rate for the 
     property is being maximized and is consistent with 
     nongovernmental industry standards for the given function or 
     operation.
       (4) The extent to which the reduction or elimination of the 
     property could reduce operation and maintenance costs of the 
     Corps of Engineers.
       (5) The extent to which the reduction or elimination of the 
     property could reduce energy consumption by the Corps of 
     Engineers.
       (c) Notification.--As soon as practicable following 
     completion of the inventory of properties under subsection 
     (a), the Secretary shall provide the inventory to the 
     Administrator of General Services.

[[Page H4106]]

       (d) Report to Congress.--Not later than 30 days after the 
     date of the notification under subsection (c), the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives and make 
     publicly available a report containing the findings of the 
     Secretary with respect to the assessment and inventory 
     required under subsection (a).

     SEC. 6003. BACKLOG PREVENTION.

       (a) Project Deauthorization.--
       (1) In general.--A water resources development project, or 
     separable element of such a project, authorized for 
     construction by this Act shall not be authorized after the 
     last day of the 7-year period beginning on the date of 
     enactment of this Act unless funds have been obligated for 
     construction of such project during that period.
       (2) Identification of projects.--Not later than 60 days 
     after the expiration of the 7-year period referred to in 
     paragraph (1), the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that identifies the projects 
     deauthorized under paragraph (1).
       (b) Report to Congress.--Not later than 60 days after the 
     expiration of the 12-year period beginning on the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives, and make available to the public, a 
     report that contains--
       (1) a list of any water resources development projects 
     authorized by this Act for which construction has not been 
     completed during that period;
       (2) a description of the reasons the projects were not 
     completed;
       (3) a schedule for the completion of the projects based on 
     expected levels of appropriations; and
       (4) a 5-year and 10-year projection of construction backlog 
     and any recommendations to Congress regarding how to mitigate 
     current problems and the backlog.

     SEC. 6004. DEAUTHORIZATIONS.

       (a) In General.--
       (1) Walnut creek (pacheco creek), california.--The portions 
     of the project for flood protection on Walnut Creek, 
     California, constructed under section 203 of the Flood 
     Control Act of 1960 (Public Law 86-645; 74 Stat. 488), 
     consisting of the Walnut Creek project from Sta 0+00 to Sta 
     142+00 and the upstream extent of the Walnut Creek project 
     along Pacheco Creek from Sta 0+00 to Sta 73+50 are no longer 
     authorized beginning on the date of enactment of this Act.
       (2) Walnut creek (san ramon creek), california.--The 
     portion of the project for flood protection on Walnut Creek, 
     California, constructed under section 203 of the Flood 
     Control Act of 1960 (Public Law 86-645; 74 Stat. 488), 
     consisting of the culvert constructed by the Department of 
     the Army on San Ramon Creek from Sta 4+27 to Sta 14+27 is no 
     longer authorized beginning on the date of enactment of this 
     Act.
       (3) Eightmile river, connecticut.--
       (A) The portion of the project for navigation, Eightmile 
     River, Connecticut, authorized by the first section of the 
     Act of June 25, 1910 (36 Stat. 633, chapter 382) (commonly 
     known as the ``River and Harbor Act of 1910''), that begins 
     at a point of the existing 8-foot channel limit with 
     coordinates N701002.39, E1109247.73, thence running north 2 
     degrees 19 minutes 57.1 seconds east 265.09 feet to a point 
     N701267.26, E1109258.52, thence running north 7 degrees 47 
     minutes 19.3 seconds east 322.32 feet to a point N701586.60, 
     E1109302.20, thence running north 90 degrees 0 minutes 0 
     seconds east 65.61 to a point N701586.60, E1109367.80, thence 
     running south 7 degrees 47 minutes 19.3 seconds west 328.11 
     feet to a point N701261.52, E1109323.34, thence running south 
     2 degrees 19 minutes 57.1 seconds west 305.49 feet to an end 
     at a point N700956.28, E1109310.91 on the existing 8-foot 
     channel limit, shall be reduced to a width of 65 feet and the 
     channel realigned to follow the deepest available water.
       (B) The project referred to in subparagraph (A) beginning 
     at a point N701296.72, E1109262.55 and running north 45 
     degrees 4 minutes 2.8 seconds west 78.09 feet to a point 
     N701341.18, E1109217.98, thence running north 5 degrees 8 
     minutes 34.6 seconds east 180.14 feet to a point N701520.59, 
     E1109234.13, thence running north 54 degrees 5 minutes 50.1 
     seconds east 112.57 feet to a point N701568.04, E1109299.66, 
     thence running south 7 degrees 47 minutes 18.4 seconds west 
     292.58 feet to the point of origin; and the remaining area 
     north of the channel realignment beginning at a point 
     N700956.28, E1109310.91 thence running north 2 degrees 19 
     minutes 57.1 seconds east 305.49 feet west to a point 
     N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 
     seconds east 328.11 feet to a point N701586.60, E1109367.81 
     thence running north 90 degrees 0 minutes 0 seconds east 7.81 
     feet to a point N701586.60, E1109375.62 thence running south 
     5 degrees 8 minutes 34.6 seconds west 626.29 feet to a point 
     N700962.83, E1109319.47 thence south 52 degrees 35 minutes 
     36.5 seconds 10.79 feet to the point of origin is no longer 
     authorized beginning on the date of enactment of this Act.
       (4) Hillsborough (hillsboro) bay and river, florida.--The 
     portions of the project for navigation, Hillsborough 
     (Hillsboro) Bay and River, Florida, authorized by the Act of 
     March 3, 1899 (30 Stat. 1126; chapter 425), that extend on 
     either side of the Hillsborough River from the Kennedy 
     Boulevard bridge to the mouth of the river that cause the 
     existing channel to exceed 100 feet in width are no longer 
     authorized beginning on the date of enactment of this Act.
       (5) Kahului wastewater reclamation facility, maui, 
     hawaii.--The project authorized pursuant to section 14 of the 
     Flood Control Act of 1946 (33 U.S.C. 701r) to provide 
     shoreline protection for the Kahului Wastewater Reclamation 
     Facility, located on the Island of Maui in the State of 
     Hawaii is no longer authorized beginning on the date of 
     enactment of this Act.
       (6) Lucas-berg pit, illinois waterway and grant calumet 
     river, illinois.--The portion of the project for navigation, 
     Illinois Waterway and Grand Calumet River, Illinois, 
     authorized by the first section of the Act of July 24, 1946 
     (60 Stat. 636; chapter 595), that consists of the Lucas-Berg 
     Pit confined disposal facility, Illinois is no longer 
     authorized beginning on the date of enactment of this Act.
       (7) Port of iberia, louisiana.--Section 1001(25) of the 
     Water Resources Development Act of 2007 (121 Stat. 1053) is 
     amended by striking ``; except that'' and all that follows 
     before the period at the end.
       (8) Rockland harbor, maine.--The project for navigation, 
     Rockland Harbor, Maine, authorized by the Act of June 3, 1896 
     (29 Stat. 202; chapter 314), and described as follows is no 
     longer authorized beginning on the date of enactment of this 
     Act:
       (A) Beginning at the point in the 14-foot turning basin 
     limit with coordinates N162,927.61, E826,210.16.
       (B) Thence running north 45 degrees 45 minutes 15.6 seconds 
     east 287.45 feet to a point N163,128.18, E826,416.08.
       (C) Thence running south 13 degrees 17 minutes 53.3 seconds 
     east 129.11 feet to a point N163,002.53, E826,445.77.
       (D) Thence running south 45 degrees 45 minutes 18.4 seconds 
     west 221.05 feet to a point N162,848.30, E826,287.42.
       (E) Thence running north 44 degrees 14 minutes 59.5 seconds 
     west 110.73 feet to the point of origin.
       (9) Thomaston harbor, georges river, maine.--The portion of 
     the project for navigation, Georges River, Maine (Thomaston 
     Harbor), authorized by the first section of the Act of June 
     3, 1896 (29 Stat. 215, chapter 314), and modified by section 
     317 of the Water Resources Development Act of 2000 (Public 
     Law 106-541; 114 Stat. 2604), that lies northwesterly of a 
     line commencing at point N87,220.51, E321,065.80 thence 
     running northeasterly about 125 feet to a point N87,338.71, 
     E321,106.46 is no longer authorized beginning on the date of 
     enactment of this Act.
       (10) Corsica river, queen anne's county, maryland.--The 
     portion of the project for improving the Corsica River, 
     Maryland, authorized by the first section of the Act of July 
     25, 1912 (37 Stat. 205; chapter 253), and described as 
     follows is no longer authorized beginning on the date of 
     enactment of this Act: Approximately 2,000 feet of the 
     eastern section of the project channel extending from--
       (A) centerline station 0+000 (coordinates N506350.60, 
     E1575013.60); to
       (B) station 2+000 (coordinates N508012.39, E1574720.18).
       (11) Goose creek, somerset county, maryland.--The project 
     for navigation, Goose Creek, Somerset County, Maryland, 
     carried out pursuant to section 107 of the Rivers and Harbor 
     Act of 1960 (33 U.S.C. 577), is realigned as follows: 
     Beginning at Goose Creek Channel Geometry Centerline of the 
     60-foot-wide main navigational ship channel, Centerline 
     Station No. 0+00, coordinates North 157851.80, East 
     1636954.70, as stated and depicted on the Condition Survey 
     Goose Creek, Sheet 1 of 1, prepared by the United States Army 
     Corps of Engineers, Baltimore District, July 2003; thence 
     departing the aforementioned centerline traveling the 
     following courses and distances: S. 64 degrees 49 minutes 06 
     seconds E., 1583.82 feet to a point, on the outline of said 
     60-foot-wide channel thence binding on said out-line the 
     following four courses and distances: S. 63 degrees 26 
     minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 
     degrees 38 minutes 26 seconds E., 973.28 feet to a point, 
     thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet 
     to a point on the Left Toe of the 60-foot-wide main 
     navigational channel at computed Centerline Station No. 
     42+57.54, coordinates North 157357.84, East 1640340.23. 
     Geometry Left Toe of the 60-foot-wide main navigational ship 
     channel, Left Toe Station No. 0+00, coordinates North 
     157879.00, East 1636967.40, as stated and depicted on the 
     Condition Survey Goose Creek, Sheet 1 of 1, prepared by the 
     United States Army Corps of Engineers, Baltimore District, 
     August 2010; thence departing the aforementioned centerline 
     traveling the following courses and distances: S. 64 degrees 
     49 minutes 12 seconds E., 1583.91 feet to a point, on the 
     outline of said 60-foot-wide channel thence binding on said 
     out-line the following eight courses and distances: S. 63 
     degrees 25 minutes 38 seconds E., 1366.25 feet to a point, 
     thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet 
     to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 
     805.19 feet to a point, thence; N. 12 degrees 12 minutes 29 
     seconds E., 78.33 feet to a point thence; N. 26 degrees 13 
     minutes 28 seconds W., 46.66 feet to a point thence; S. 63 
     degrees 45 minutes 41 seconds W., 54.96 feet to a point 
     thence; N. 26 degrees 13 minutes 24 seconds W., 119.94 feet 
     to a point on the Left Toe of the 60-foot-wide main 
     navigational channel at computed Centerline Station No. 
     41+81.10, coordinates North 157320.30, East 1640264.00. 
     Geometry Right Toe of the 60-foot-wide main navigational ship 
     channel, Right Toe Station No. 0+00, coordinates North 
     157824.70, East 1636941.90, as stated and depicted on the 
     Condition Survey Goose Creek, Sheet 1 of 1, prepared by the 
     United States Army Corps of Engineers, Baltimore District, 
     August 2010; thence departing the aforementioned centerline 
     traveling the following courses and distances: S. 64 degrees 
     49 minutes 06 seconds E., 1583.82 feet to a point, on the 
     outline of said 60-foot-wide channel thence

[[Page H4107]]

     binding on said out-line the following six courses and 
     distances: S. 63 degrees 25 minutes 47 seconds E., 1478.79 
     feet to a point, thence; N. 50 degrees 38 minutes 26 seconds 
     E., 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 
     49 seconds W., 144.26 feet to a point, thence; N. 63 degrees 
     54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26 
     degrees 12 minutes 08 seconds W., 120.03 feet to a point a 
     point on the Right Toe of the 60-foot-wide main navigational 
     channel at computed Centerline Station No. 43+98.61, 
     coordinates North 157395.40, East 1640416.50.
       (12) Lower thoroughfare, deal island, maryland.--The 
     portion of the project for navigation, Lower Thoroughfare, 
     Maryland, authorized by the Act of June 25, 1910 (36 Stat. 
     639, chapter 382) (commonly known as the ``River and Harbor 
     Act of 1910''), that begins at Lower Thoroughfare Channel 
     Geometry Centerline of the 60-foot-wide main navigational 
     ship channel, Centerline Station No. 44+88, coordinates North 
     170435.62, East 1614588.93, as stated and depicted on the 
     Condition Survey Lower Thoroughfare, Deal Island, Sheet 1 of 
     3, prepared by the United States Army Corps of Engineers, 
     Baltimore District, August 2010; thence departing the 
     aforementioned centerline traveling the following courses and 
     distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet 
     to a point, on the outline of said 60-foot-wide channel 
     thence binding on said out-line the following four courses 
     and distances: N. 64 degrees 08 minutes 55 seconds W., 53.85 
     feet to a point, thence; N. 42 degrees 20 minutes 43 seconds 
     W., 250.08 feet to a point, thence; N. 47 degrees 39 minutes 
     03 seconds E., 20.00 feet to a point, thence; S. 42 degrees 
     20 minutes 44 seconds E., 300.07 feet to a point binding on 
     the Left Toe of the 60-foot-wide main navigational channel at 
     computed Centerline Station No. 43+92.67, coordinates North 
     170415.41, 1614566.76; thence; continuing with the 
     aforementioned centerline the following courses and 
     distances: S. 42 degrees 20 minutes 42 seconds W., 30.00 feet 
     to a point, on the outline of said 60-foot-wide channel 
     thence binding on said out-line the following four courses 
     and distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 
     feet to a point, thence; N. 42 degrees 20 minutes 49 seconds 
     W., 250.08 feet to a point, thence; S. 47 degrees 39 minutes 
     03 seconds W., 20.00 feet to a point, thence; S. 42 degrees 
     20 minutes 46 seconds E., 300.08 feet to a point binding on 
     the Left Toe of the 60-foot-wide main navigational channel at 
     computed Centerline Station No. 43+92.67, coordinates North 
     170415.41, 1614566.76 is no longer authorized beginning on 
     the date of enactment of this Act.
       (13) Gloucester harbor and annisquam river, 
     massachusetts.--The portions of the project for navigation, 
     Gloucester Harbor and Annisquam River, Massachusetts, 
     authorized by section 2 of the Act of March 2, 1945 (59 Stat. 
     12; chapter 19), consisting of an 8-foot anchorage area in 
     Lobster Cove, and described as follows are no longer 
     authorized beginning on the date of enactment of this Act:
       (A) Beginning at a bend along the easterly limit of the 
     existing project, N3063230.31, E878283.77, thence running 
     northwesterly about 339 feet to a point, N3063478.86, 
     E878053.83, thence running northwesterly about 281 feet to a 
     bend on the easterly limit of the existing project, 
     N3063731.88, E877932.54, thence running southeasterly about 
     612 feet along the easterly limit of the existing project to 
     the point of origin.
       (B) Beginning at a bend along the easterly limit of the 
     existing project, N3064065.80, E878031.45, thence running 
     northwesterly about 621 feet to a point, N3064687.05, 
     E878031.13, thence running southwesterly about 122 feet to a 
     point, N3064686.98, E877908.85, thence running southeasterly 
     about 624 feet to a point, N3064063.31, E877909.17, thence 
     running southwesterly about 512 feet to a point, N3063684.73, 
     E877564.56, thence running about 741 feet to a point along 
     the westerly limit of the existing project, N3063273.98, 
     E876947.77, thence running northeasterly about 533 feet to a 
     bend along the westerly limit of the existing project, 
     N3063585.62, E877380.63, thence running about 147 feet 
     northeasterly to a bend along the westerly limit of the 
     project, N3063671.29, E877499.63, thence running 
     northeasterly about 233 feet to a bend along the westerly 
     limit of the existing project, N3063840.60, E877660.29, 
     thence running about 339 feet northeasterly to a bend along 
     the westerly limit of the existing project, N3064120.34, 
     E877852.55, thence running about 573 feet to a bend along the 
     westerly limit of the existing project, N3064692.98, 
     E877865.04, thence running about 113 feet to a bend along the 
     northerly limit of the existing project, N3064739.51, 
     E877968.31, thence running 145 feet southeasterly to a bend 
     along the northerly limit of the existing project, 
     N3064711.19, E878110.69, thence running about 650 feet along 
     the easterly limit of the existing project to the point of 
     origin.
       (14) Clatsop county diking district no. 10, karlson island, 
     oregon.--The Diking District No. 10, Karlson Island portion 
     of the project for raising and improving existing levees in 
     Clatsop County, Oregon, authorized by section 5 of the Act of 
     June 22, 1936 (49 Stat. 1590) is no longer authorized 
     beginning on the date of enactment of this Act.
       (15) Numberg dike no. 34 leveed area, clatsop county diking 
     district no. 13, clatsop county, oregon (walluski-youngs).--
     The Numberg Dike No. 34 leveed area, Clatsop County Diking 
     District, No. 13, Walluski River and Youngs River dikes, 
     portion of the project for raising and improving existing 
     levees in Clatsop County, Oregon, authorized by section 5 of 
     the Act of June 22, 1936 (49 Stat. 1590) is no longer 
     authorized beginning on the date of enactment of this Act.
       (16) East fork of trinity river, texas.--The portion of the 
     project for flood protection on the East Fork of the Trinity 
     River, Texas, authorized by section 203 of the Flood Control 
     Act of 1962 (76 Stat. 1185), that consists of the 2 levees 
     identified as Kaufman County Levees K5E and K5W is no longer 
     authorized beginning on the date of enactment of this Act.
       (17) Burnham canal, wisconsin.--The portion of the project 
     for navigation, Milwaukee Harbor Project, Milwaukee, 
     Wisconsin, known as the Burnham Canal, authorized by the 
     first section of the Act of March 3, 1843 (5 Stat. 619; 
     chapter 85), and described as follows is no longer authorized 
     beginning on the date of enactment of this Act:
       (A) Beginning at channel point #415a N381768.648, 
     E2524554.836, a distance of about 170.58 feet.
       (B) Thence running south 53 degrees 43 minutes 41 seconds 
     west to channel point #417 N381667.728, E2524417.311, a 
     distance of about 35.01 feet.
       (C) Thence running south 34 degrees 10 minutes 40 seconds 
     west to channel point #501 N381638.761, E2524397.639, a 
     distance of about 139.25 feet.
       (D) Thence running south 34 degrees 10 minutes 48 seconds 
     west to channel point #503 N381523.557, E2524319.406, a 
     distance of about 235.98 feet.
       (E) Thence running south 32 degrees 59 minutes 13 seconds 
     west to channel point #505 N381325.615, E2524190.925, a 
     distance of about 431.29 feet.
       (F) Thence running south 32 degrees 36 minutes 05 seconds 
     west to channel point #509 N380962.276, E2523958.547, a 
     distance of about 614.52 feet.
       (G) Thence running south 89 degrees 05 minutes 00 seconds 
     west to channel point #511 N380952.445, E2523344.107, a 
     distance of about 74.68 feet.
       (H) Thence running north 89 degrees 04 minutes 59 seconds 
     west to channel point #512 N381027.13, E2523342.91, a 
     distance of about 533.84 feet.
       (I) Thence running north 89 degrees 05 minutes 00 seconds 
     east to channel point #510 N381035.67, E2523876.69, a 
     distance of about 47.86 feet.
       (J) Thence running north 61 degrees 02 minutes 07 seconds 
     east to channel point #508 N381058.84, E2523918.56, a 
     distance of about 308.55 feet.
       (K) Thence running north 36 degrees 15 minutes 29 seconds 
     east to channel point #506 N381307.65, E2524101.05, a 
     distance of about 199.98 feet.
       (L) Thence running north 32 degrees 59 minutes 12 seconds 
     east to channel point #504 N381475.40, E2524209.93, a 
     distance of about 195.14 feet.
       (M) Thence running north 26 degrees 17 minutes 22 seconds 
     east to channel point #502 N381650.36, E2524296.36, a 
     distance of about 81.82 feet.
       (N) Thence running north 88 degrees 51 minutes 05 seconds 
     west to channel point #419 N381732.17, E2524294.72, a 
     distance of about 262.65 feet.
       (O) Thence running north 82 degrees 01 minutes 02 seconds 
     east to channel point #415a, the point of origin.
       (18) Manitowoc harbor, wisconsin.--The portion of the 
     project for navigation, Manitowoc River, Manitowoc, 
     Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 
     58; chapter 104), and described as follows is no longer 
     authorized beginning on the date of enactment of this Act: 
     The triangular area bound by--
       (A) 44.09893383N and 087.66854912W;
       (B) 44.09900535N and 087.66864372W; and
       (C) 44.09857884N and 087.66913123W.
       (b) Seward Waterfront, Seward, Alaska.--
       (1) In general.--Subject to paragraph (2), the portion of 
     the project for navigation, Seward Harbor, Alaska, identified 
     as Tract H, Seward Original Townsite, Waterfront Park Replat, 
     Plat No 2012-4, Seward Recording District, shall not be 
     subject to navigation servitude beginning on the date of 
     enactment of this Act.
       (2) Entry by federal government.--The Federal Government 
     may enter upon the property referred to in paragraph (1) to 
     carry out any required operation and maintenance of the 
     general navigation features of the project referred to in 
     paragraph (1).
       (c) Port of Hood River, Oregon.--
       (1) Extinguishment of portions of existing flowage 
     easement.--With respect to the properties described in 
     paragraph (2), beginning on the date of enactment of this 
     Act, the flowage easement identified as Tract 1200E-6 on the 
     Easement Deed recorded as Instrument No. 740320 is 
     extinguished above elevation 79.39 feet (NGVD 29) the 
     Ordinary High Water Line.
       (2) Affected properties.--The properties referred to in 
     paragraph (1), as recorded in Hood River County, Oregon, are 
     as follows:
       (A) Instrument Number 2010-1235.
       (B) Instrument Number 2010-02366.
       (C) Instrument Number 2010-02367.
       (D) Parcel 2 of Partition Plat #2011-12P.
       (E) Parcel 1 of Partition Plat 2005-26P.
       (3) Federal liabilities; cultural, environmental, and other 
     regulatory reviews.--
       (A) Federal liability.--The United States shall not be 
     liable for any injury caused by the extinguishment of the 
     easement under this subsection.
       (B) Cultural and environmental regulatory actions.--Nothing 
     in this subsection establishes any cultural or environmental 
     regulation relating to the properties described in paragraph 
     (2).
       (4) Effect on other rights.--Nothing in this subsection 
     affects any remaining right or interest of the Corps of 
     Engineers in the properties described in paragraph (2).

     SEC. 6005. LAND CONVEYANCES.

       (a) Oakland Inner Harbor Tidal Canal, California.--Section 
     3182(b)(1) of the Water Resources Development Act of 2007 
     (Public Law 110-114; 121 Stat. 1165) is amended--

[[Page H4108]]

       (1) in subparagraph (A) by inserting ``, or to a 
     multicounty public entity that is eligible to hold title to 
     real property'' after ``To the city of Oakland''; and
       (2) in subparagraphs (B) and (C) by inserting ``multicounty 
     public entity or other'' before ``public entity''.
       (b) St. Charles County, Missouri, Land Exchange.--
       (1) Definitions.--In this subsection:
       (A) Federal land.--The term ``Federal land'' means 
     approximately 84 acres of land, as identified by the 
     Secretary, that is a portion of the approximately 227 acres 
     of land leased from the Corps of Engineers by Ameren 
     Corporation for the Portage Des Sioux Power Plant in St. 
     Charles County, Missouri (Lease No. DA-23-065-CIVENG-64-651, 
     Pool 26).
       (B) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 68 acres of land owned by Ameren 
     Corporation in Jersey County, Illinois, contained within the 
     north half of section 23, township 6 north, range 11 west of 
     the third principal meridian.
       (2) Land exchange.--On conveyance by Ameren Corporation to 
     the United States of all right, title, and interest in and to 
     the non-Federal land, the Secretary shall convey to Ameren 
     Corporation all right, title, and interest of the United 
     States in and to the Federal land.
       (3) Specific conditions.--
       (A) Deeds.--
       (i) Deed to non-federal land.--The Secretary may only 
     accept conveyance of the non-Federal land by warranty deed, 
     as determined acceptable by the Secretary.
       (ii) Deed to federal land.--The Secretary shall convey the 
     Federal land to Ameren Corporation by quitclaim deed.
       (B) Cash payment.--If the appraised fair market value of 
     the Federal land, as determined by the Secretary, exceeds the 
     appraised fair market value of the non-Federal land, as 
     determined by the Secretary, Ameren Corporation shall make a 
     cash payment to the United States reflecting the difference 
     in the appraised fair market values.
       (c) Tulsa Port of Catoosa, Rogers County, Oklahoma, Land 
     Exchange.--
       (1) Definitions.--In this subsection:
       (A) Federal land.--The term ``Federal land'' means the 
     approximately 87 acres of land situated in Rogers County, 
     Oklahoma, contained within United States Tracts 413 and 427 
     and acquired for the McClellan-Kerr Arkansas Navigation 
     System.
       (B) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 34 acres of land situated in Rogers County, 
     Oklahoma, and owned by the Tulsa Port of Catoosa that lie 
     immediately south and east of the Federal land.
       (2) Land exchange.--On conveyance by the Tulsa Port of 
     Catoosa to the United States of all right, title, and 
     interest in and to the non-Federal land, the Secretary shall 
     convey to the Tulsa Port of Catoosa all right, title, and 
     interest of the United States in and to the Federal land.
       (3) Specific conditions.--
       (A) Deeds.--
       (i) Deed to non-federal land.--The Secretary may only 
     accept conveyance of the non-Federal land by warranty deed, 
     as determined acceptable by the Secretary.
       (ii) Deed to federal land.--The Secretary shall convey the 
     Federal land to the Tulsa Port of Catoosa by quitclaim deed 
     and subject to any reservations, terms, and conditions the 
     Secretary determines necessary to allow the United States to 
     operate and maintain the McClellan-Kerr Arkansas River 
     Navigation System.
       (iii) Cash payment.--If the appraised fair market value of 
     the Federal land, as determined by the Secretary, exceeds the 
     appraised fair market value of the non-Federal land, as 
     determined by the Secretary, the Tulsa Port of Catoosa shall 
     make a cash payment to the United States reflecting the 
     difference in the appraised fair market values.
       (d) Hammond Boat Basin, Warrenton, Oregon.--
       (1) Definitions.--In this subsection:
       (A) City.--The term ``City'' means the city of Warrenton, 
     located in Clatsop County, Oregon.
       (B) Map.--The term ``map'' means the map contained in 
     Exhibit A of Department of the Army Lease No. DACW57-1-88-
     0033 (or a successor instrument).
       (2) Conveyance authority.--Subject to the provisions of 
     this subsection, the Secretary shall convey to the City by 
     quitclaim deed, and without consideration, all right, title, 
     and interest of the United States in and to the parcel of 
     land described in paragraph (3).
       (3) Description of land.--
       (A) In general.--Except as provided in subparagraph (B), 
     the land referred to in paragraph (2) is the parcel totaling 
     approximately 59 acres located in the City, together with any 
     improvements thereon, including the Hammond Marina (as 
     described in the map).
       (B) Exclusion.--The land referred to in paragraph (2) shall 
     not include the site provided for the fisheries research 
     support facility of the National Marine Fisheries Service.
       (C) Availability of map.--The map shall be on file in the 
     Portland District Office of the Corps of Engineers.
       (4) Terms and conditions.--As a condition of the conveyance 
     under this subsection, the Secretary may impose a requirement 
     that the City assume full responsibility for operating and 
     maintaining the channel and the breakwater.
       (5) Reversion.--If the Secretary determines that the land 
     conveyed under this subsection ceases to be owned by the 
     public, all right, title, and interest in and to the land 
     shall revert, at the discretion of the Secretary, to the 
     United States.
       (6) Deauthorization.--After the land is conveyed under this 
     subsection, the land shall no longer be a portion of the 
     project for navigation, Hammond Small Boat Basin, Oregon, 
     authorized by section 107 of the Rivers and Harbor Act of 
     1960 (33 U.S.C. 577).
       (e) Craney Island Dredged Material Management Area, 
     Portsmouth, Virginia.--
       (1) In general.--Subject to the conditions described in 
     this subsection, the Secretary may convey to the Commonwealth 
     of Virginia, by quitclaim deed and without consideration, all 
     right, title, and interest of the United States in and to 2 
     parcels of land situated within the project for navigation, 
     Craney Island Eastward Expansion, Norfolk Harbor and 
     Channels, Hampton Roads, Virginia, authorized by section 
     1001(45) of the Water Resources Development Act of 2007 
     (Public Law 110-114; 121 Stat. 1057), together with any 
     improvements thereon.
       (2) Lands to be conveyed.--
       (A) In general.--The 2 parcels of land to be conveyed under 
     this subsection include a parcel consisting of approximately 
     307.82 acres of land and a parcel consisting of approximately 
     13.33 acres of land, both located along the eastern side of 
     the Craney Island Dredged Material Management Area in 
     Portsmouth, Virginia.
       (B) Use.--The 2 parcels of land described in subparagraph 
     (A) may be used by the Commonwealth of Virginia exclusively 
     for the purpose of port expansion, including the provision of 
     road and rail access and the construction of a shipping 
     container terminal.
       (3) Reversion.--If the Secretary determines that the land 
     conveyed under this subsection ceases to be owned by the 
     public or is used for any purpose that is inconsistent with 
     paragraph (2), all right, title, and interest in and to the 
     land shall revert, at the discretion of the Secretary, to the 
     United States.
       (f) City of Asotin, Washington.--
       (1) In general.--The Secretary shall convey to the city of 
     Asotin, Asotin County, Washington, without monetary 
     consideration, all right, title, and interest of the United 
     States in and to the land described in paragraph (3).
       (2) Reversion.--If the land transferred under this 
     subsection ceases at any time to be used for a public 
     purpose, the land shall revert to the United States.
       (3) Description.--The land to be conveyed to the city of 
     Asotin, Washington, under this subsection are--
       (A) the public ball fields designated as Tracts 1503, 1605, 
     1607, 1609, 1611, 1613, 1615, 1620, 1623, 1624, 1625, 1626, 
     and 1631; and
       (B) other leased areas designated as Tracts 1506, 1522, 
     1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, and 1563.
       (g) Generally Applicable Provisions.--
       (1) Survey to obtain legal description.--The exact acreage 
     and the legal description of any real property to be conveyed 
     under this section shall be determined by a survey that is 
     satisfactory to the Secretary.
       (2) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to any conveyance under this section.
       (3) Additional terms and conditions.--The Secretary may 
     require that any conveyance under this section be subject to 
     such additional terms and conditions as the Secretary 
     considers necessary and appropriate to protect the interests 
     of the United States.
       (4) Costs of conveyance.--An entity to which a conveyance 
     is made under this section shall be responsible for all 
     reasonable and necessary costs, including real estate 
     transaction and environmental documentation costs, associated 
     with the conveyance.
       (5) Liability.--An entity to which a conveyance is made 
     under this section shall hold the United States harmless from 
     any liability with respect to activities carried out, on or 
     after the date of the conveyance, on the real property 
     conveyed. The United States shall remain responsible for any 
     liability with respect to activities carried out, before such 
     date, on the real property conveyed.
       (h) Release of Use Restrictions.--Notwithstanding any other 
     provision of law, the Tennessee Valley Authority shall, 
     without monetary consideration, grant releases from real 
     estate restrictions established pursuant to section 4(k)(b) 
     of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 
     831c(k)(b)) with respect to tracts of land identified in 
     section 4(k)(b) of that Act, subject to the condition that 
     such releases shall be granted in a manner consistent with 
     applicable Tennessee Valley Authority policies.

               TITLE VII--WATER RESOURCES INFRASTRUCTURE

     SEC. 7001. ANNUAL REPORT TO CONGRESS.

       (a) In General.--Not later than February 1 of each year, 
     the Secretary shall develop and submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an annual report, to be entitled ``Report to 
     Congress on Future Water Resources Development'', that 
     identifies the following:
       (1) Feasibility reports.--Each feasibility report that 
     meets the criteria established in subsection (c)(1)(A).
       (2) Proposed feasibility studies.--Any proposed feasibility 
     study submitted to the Secretary by a non-Federal interest 
     pursuant to subsection (b) that meets the criteria 
     established in subsection (c)(1)(A).
       (3) Proposed modifications.--Any proposed modification to 
     an authorized water resources development project or 
     feasibility study that meets the criteria established in 
     subsection (c)(1)(A) that--
       (A) is submitted to the Secretary by a non-Federal interest 
     pursuant to subsection (b); or
       (B) is identified by the Secretary for authorization.
       (b) Requests for Proposals.--
       (1) Publication.--Not later than May 1 of each year, the 
     Secretary shall publish in the Federal Register a notice 
     requesting proposals from non-Federal interests for proposed 
     feasibility studies and proposed modifications to authorized 
     water resources development projects

[[Page H4109]]

     and feasibility studies to be included in the annual report.
       (2) Deadline for requests.--The Secretary shall include in 
     each notice required by this subsection a requirement that 
     non-Federal interests submit to the Secretary any proposals 
     described in paragraph (1) by not later than 120 days after 
     the date of publication of the notice in the Federal Register 
     in order for the proposals to be considered for inclusion in 
     the annual report.
       (3) Notification.--On the date of publication of each 
     notice required by this subsection, the Secretary shall--
       (A) make the notice publicly available, including on the 
     Internet; and
       (B) provide written notification of the publication to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (c) Contents.--
       (1) Feasibility reports, proposed feasibility studies, and 
     proposed modifications.--
       (A) Criteria for inclusion in report.--The Secretary shall 
     include in the annual report only those feasibility reports, 
     proposed feasibility studies, and proposed modifications to 
     authorized water resources development projects and 
     feasibility studies that--
       (i) are related to the missions and authorities of the 
     Corps of Engineers;
       (ii) require specific congressional authorization, 
     including by an Act of Congress;
       (iii) have not been congressionally authorized;
       (iv) have not been included in any previous annual report; 
     and
       (v) if authorized, could be carried out by the Corps of 
     Engineers.
       (B) Description of benefits.--
       (i) Description.--The Secretary shall describe in the 
     annual report, to the extent applicable and practicable, for 
     each proposed feasibility study and proposed modification to 
     an authorized water resources development project or 
     feasibility study included in the annual report, the 
     benefits, as described in clause (ii), of each such study or 
     proposed modification (including the water resources 
     development project that is the subject of the proposed 
     feasibility study or the proposed modification to an 
     authorized feasibility study).
       (ii) Benefits.--The benefits (or expected benefits, in the 
     case of a proposed feasibility study) described in this 
     clause are benefits to--

       (I) the protection of human life and property;
       (II) improvement to transportation;
       (III) the national economy;
       (IV) the environment; or
       (V) the national security interests of the United States.

       (C) Identification of other factors.--The Secretary shall 
     identify in the annual report, to the extent practicable--
       (i) for each proposed feasibility study included in the 
     annual report, the non-Federal interest that submitted the 
     proposed feasibility study pursuant to subsection (b); and
       (ii) for each proposed feasibility study and proposed 
     modification to an authorized water resources development 
     project or feasibility study included in the annual report, 
     whether the non-Federal interest has demonstrated--

       (I) that local support exists for the proposed feasibility 
     study or proposed modification to an authorized water 
     resources development project or feasibility study (including 
     the water resources development project that is the subject 
     of the proposed feasibility study or the proposed 
     modification to an authorized feasibility study); and
       (II) the financial ability to provide the required non-
     Federal cost share.

       (2) Transparency.--The Secretary shall include in the 
     annual report, for each feasibility report, proposed 
     feasibility study, and proposed modification to an authorized 
     water resources development project or feasibility study 
     included under paragraph (1)(A)--
       (A) the name of the associated non-Federal interest, 
     including the name of any non-Federal interest that has 
     contributed, or is expected to contribute, a non-Federal 
     share of the cost of--
       (i) the feasibility report;
       (ii) the proposed feasibility study;
       (iii) the authorized feasibility study for which the 
     modification is proposed; or
       (iv) construction of--

       (I) the water resources development project that is the 
     subject of--

       (aa) the feasibility report;
       (bb) the proposed feasibility study; or
       (cc) the authorized feasibility study for which a 
     modification is proposed; or

       (II) the proposed modification to an authorized water 
     resources development project;

       (B) a letter or statement of support for the feasibility 
     report, proposed feasibility study, or proposed modification 
     to an authorized water resources development project or 
     feasibility study from each associated non-Federal interest;
       (C) the purpose of the feasibility report, proposed 
     feasibility study, or proposed modification to an authorized 
     water resources development project or feasibility study;
       (D) an estimate, to the extent practicable, of the Federal, 
     non-Federal, and total costs of--
       (i) the proposed modification to an authorized feasibility 
     study; and
       (ii) construction of--

       (I) the water resources development project that is the 
     subject of--

       (aa) the feasibility report; or
       (bb) the authorized feasibility study for which a 
     modification is proposed, with respect to the change in costs 
     resulting from such modification; or

       (II) the proposed modification to an authorized water 
     resources development project; and

       (E) an estimate, to the extent practicable, of the monetary 
     and nonmonetary benefits of--
       (i) the water resources development project that is the 
     subject of--

       (I) the feasibility report; or
       (II) the authorized feasibility study for which a 
     modification is proposed, with respect to the benefits of 
     such modification; or

       (ii) the proposed modification to an authorized water 
     resources development project.
       (3) Certification.--The Secretary shall include in the 
     annual report a certification stating that each feasibility 
     report, proposed feasibility study, and proposed modification 
     to an authorized water resources development project or 
     feasibility study included in the annual report meets the 
     criteria established in paragraph (1)(A).
       (4) Appendix.--The Secretary shall include in the annual 
     report an appendix listing the proposals submitted under 
     subsection (b) that were not included in the annual report 
     under paragraph (1)(A) and a description of why the Secretary 
     determined that those proposals did not meet the criteria for 
     inclusion under such paragraph.
       (d) Special Rule for Initial Annual Report.--
     Notwithstanding any other deadlines required by this section, 
     the Secretary shall--
       (1) not later than 60 days after the date of enactment of 
     this Act, publish in the Federal Register a notice required 
     by subsection (b)(1); and
       (2) include in such notice a requirement that non-Federal 
     interests submit to the Secretary any proposals described in 
     subsection (b)(1) by not later than 120 days after the date 
     of publication of such notice in the Federal Register in 
     order for such proposals to be considered for inclusion in 
     the first annual report developed by the Secretary under this 
     section.
       (e) Publication.--Upon submission of an annual report to 
     Congress, the Secretary shall make the annual report publicly 
     available, including through publication on the Internet.
       (f) Definitions.--In this section:
       (1) Annual report.--The term ``annual report'' means a 
     report required by subsection (a).
       (2) Feasibility report.--
       (A) In general.--The term ``feasibility report'' means a 
     final feasibility report developed under section 905 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2282).
       (B) Inclusions.--The term ``feasibility report'' includes--
       (i) a report described in section 105(d)(2) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2215(d)(2)); and
       (ii) where applicable, any associated report of the Chief 
     of Engineers.
       (3) Feasibility study.--The term ``feasibility study'' has 
     the meaning given that term in section 105 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2215).
       (4) Non-federal interest.--The term ``non-Federal 
     interest'' has the meaning given that term in section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).

     SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.

       The following final feasibility studies for water resources 
     development and conservation and other purposes are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the plan, and subject to the conditions, 
     described in the respective reports designated in this 
     section:
       (1) Navigation.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. TX,    Sabine Neches       July 22, 2011  Federal: $748,070,000
 LA        Waterway,                         Non-Federal: $365,970,000
           Southeast Texas                   Total: $1,114,040,000
           and
          Southwest
           Louisiana
------------------------------------------------------------------------
2. FL     Jacksonville        Apr. 30, 2012  Federal: $27,870,000
           Harbor-                           Non-Federal: $9,290,000
          Milepoint                          Total: $37,160,000
------------------------------------------------------------------------
3. GA     Savannah Harbor     Aug. 17, 2012  Federal: $492,000,000
          Expansion Project                  Non-Federal: $214,000,000
                                             Total: $706,000,000
------------------------------------------------------------------------

[[Page H4110]]

 
4. TX     Freeport Harbor     Jan. 7, 2013   Federal: $121,000,000
                                             Non-Federal: $118,300,000
                                             Total: $239,300,000
------------------------------------------------------------------------
5. FL     Canaveral Harbor    Feb. 25, 2013  Federal: $29,240,000
          (Sect 203 Sponsor                  Non-Federal: $11,830,000
           Report)                           Total: $41,070,000
------------------------------------------------------------------------
6. MA     Boston Harbor       Sept. 30,      Federal: $216,470,000
                               2013          Non-Federal: $94,510,000
                                             Total: $310,980,000
------------------------------------------------------------------------
7. FL     Lake Worth Inlet    Apr. 16, 2014  Federal: $57,556,000
                                             Non-Federal: $30,975,000
                                             Total: $88,531,000
------------------------------------------------------------------------
8. FL     Jacksonville        Apr. 16, 2014  Federal: $362,000,000
           Harbor                            Non-Federal: $238,900,000
                                             Total: $600,900,000
------------------------------------------------------------------------

       (2) Flood risk management.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. KS     Topeka              Aug. 24, 2009  Federal: $17,360,000
                                             Non-Federal: $9,350,000
                                             Total: $26,710,000
------------------------------------------------------------------------
2. CA     American River      Dec. 30, 2010  Federal: $760,630,000
           Watershed, Common                 Non-Federal: $386,650,000
           Features Project,                 Total: $1,147,280,000
           Natomas Basin
------------------------------------------------------------------------
3. IA     Cedar River, Cedar  Jan. 27, 2011  Federal: $73,130,000
           Rapids                            Non-Federal: $39,380,000
                                             Total: $112,510,000
------------------------------------------------------------------------
4. MN,    Fargo-Moorhead      Dec. 19, 2011  Federal: $846,700,000
 ND        Metro                             Non-Federal: $1,077,600,000
                                             Total: $1,924,300,000
------------------------------------------------------------------------
5. KY     Ohio River          May 16, 2012   Federal: $13,170,000
           Shoreline,                        Non-Federal: $7,090,000
           Paducah                           Total: $20,260,000
------------------------------------------------------------------------
6. MO     Jordan Creek,       Aug. 26, 2013  Federal: $13,560,000
           Springfield                       Non-Federal: $7,300,000
                                             Total: $20,860,000
------------------------------------------------------------------------
7. CA     Orestimba Creek,    Sept. 25,      Federal: $23,680,000
           San Joaquin River   2013          Non-Federal: $21,650,000
           Basin                             Total: $45,330,000
------------------------------------------------------------------------
8. CA     Sutter Basin        Mar. 12, 2014  Federal: $255,270,000
                                             Non-Federal: $433,660,000
                                             Total: $688,930,000
------------------------------------------------------------------------
9. NV     Truckee Meadows     Apr. 11, 2014  Federal: $181,652,000
                                             Non-Federal: $99,168,000
                                             Total: $280,820,000
------------------------------------------------------------------------

       (3) Hurricane and storm damage risk reduction.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of       D.  Estimated Initial
A. State       B.  Name          Chief of        Costs and  Estimated
                                Engineers        Renourishment  Costs
------------------------------------------------------------------------
1. NC     West Onslow Beach   Sept. 28,      Initial Federal:
           and New River       2009           $29,900,000
           Inlet (Topsail                     Initial Non-Federal:
           Beach)                             $16,450,000
                                             Initial Total: $46,350,000
                                              Renourishment Federal:
                                              $69,410,000
                                             Renourishment Non-Federal:
                                              $69,410,000
                                             Renourishment Total:
                                              $138,820,000
------------------------------------------------------------------------

[[Page H4111]]

 
2. NC     Surf City and       Dec. 30, 2010  Initial Federal:
           North Topsail                      $84,770,000
           Beach                              Initial Non-Federal:
                                              $45,650,000
                                              Initial Total:
                                              $130,420,000
                                             Renourishment Federal:
                                              $122,220,000
                                             Renourishment Non-Federal:
                                              $122,220,000
                                             Renourishment Total:
                                              $244,440,000
------------------------------------------------------------------------
3. CA     San Clemente        Apr. 15, 2012  Initial Federal: $7,420,000
           Shoreline                         Initial Non-Federal:
                                              $3,990,000
                                              Initial Total: $11,410,000
                                              Renourishment Federal:
                                              $43,835,000
                                             Renourishment Non-Federal:
                                              $43,835,000
                                             Renourishment Total:
                                              $87,670,000
------------------------------------------------------------------------
4. FL     Walton County       July 16, 2013  Initial Federal:
                                              $17,945,000
                                             Initial Non-Federal:
                                              $46,145,000
                                             Initial Total: $64,090,000
                                             Renourishment Federal:
                                              $24,740,000
                                             Renourishment Non-Federal:
                                              $82,820,000
                                             Renourishment Total:
                                              $107,560,000
------------------------------------------------------------------------
5. LA     Morganza to the     July 8, 2013   Federal: $6,695,400,000
           Gulf                              Non-Federal: $3,604,600,000
                                             Total: $10,300,000,000
------------------------------------------------------------------------

       (4) Hurricane and storm damage risk reduction and 
     environmental restoration.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. MS     Mississippi         Sept. 15,      Federal: $693,300,000
           Coastal             2009          Non-Federal: $373,320,000
           Improvement                       Total: $1,066,620,000
           Program (MSCIP)
           Hancock,
           Harrison, and
           Jackson Counties
------------------------------------------------------------------------

       (5) Environmental restoration.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. MD     Mid-Chesapeake Bay  Aug. 24, 2009  Federal: $1,240,750,000
           Island                            Non-Federal: $668,100,000
                                             Total: $1,908,850,000
------------------------------------------------------------------------
2. FL     Central and         Mar. 11, 2010  Federal: $313,300,000
           Southern Florida    and Jan. 6,   Non-Federal: $313,300,000
           Project,            2011          Total: $626,600,000
           Comprehensive
           Everglades
           Restoration Plan,
           Caloosahatchee
           River (C-43) West
           Basin Storage
           Project, Hendry
           County
------------------------------------------------------------------------
3. LA     Louisiana Coastal   Dec. 30, 2010  Federal: $1,026,000,000
           Area                              Non-Federal: $601,000,000
                                             Total: $1,627,000,000
------------------------------------------------------------------------
4. MN     Marsh Lake          Dec. 30, 2011  Federal: $6,760,000
                                             Non-Federal: $3,640,000
                                             Total: $10,400,000
------------------------------------------------------------------------
5. FL     Central and         Jan. 30, 2012  Federal: $87,280,000
           Southern Florida                  Non-Federal: $87,280,000
           Project,                          Total: $174,560,000
           Comprehensive
           Everglades
           Restoration Plan,
           C-111 Spreader
           Canal Western
           Project
------------------------------------------------------------------------
6. FL     CERP Biscayne Bay   May 2, 2012    Federal: $98,510,000
           Coastal Wetland,                  Non-Federal: $98,510,000
           Florida                           Total: $197,020,000
------------------------------------------------------------------------
7. FL     Central and         May 21, 2012   Federal: $448,070,000
           Southern Florida                  Non-Federal: $448,070,000
           Project, Broward                  Total: $896,140,000
           County Water
           Preserve Area
------------------------------------------------------------------------
8. LA     Louisiana Coastal   June 22, 2012  Federal: $321,750,000
           Area-Barataria                    Non-Federal: $173,250,000
           Basin Barrier                     Total: $495,000,000
------------------------------------------------------------------------

[[Page H4112]]

 
9. NC     Neuse River Basin   Apr. 23, 2013  Federal: $23,830,000
                                             Non-Federal: $12,830,000
                                             Total: $36,660,000
------------------------------------------------------------------------
10. VA    Lynnhaven River     Mar. 27, 2014  Federal: $22,821,500
                                             Non-Federal: $12,288,500
                                             Total: $35,110,000
------------------------------------------------------------------------
11. OR    Willamette River    Jan. 6, 2014   Federal: $27,401,000
           Floodplain                        Non-Federal: $14,754,000
           Restoration                       Total: $42,155,000
------------------------------------------------------------------------

     SEC. 7003. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED 
                   BY THE SECRETARY.

       The following project modifications for water resources 
     development and conservation and other purposes are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the recommendations of the Secretary, as 
     specified in the letters referred to in this section:


------------------------------------------------------------------------
                              C.  Date of
   A.                         Secretary's     D.  Updated Authorization
 State        B.  Name       Recommendation         Project Costs
                                 Letter
------------------------------------------------------------------------
1. MN    Roseau River       Jan. 24, 2013    Estimated Federal:
                                              $25,455,000
                                             Estimated non-Federal:
                                              $18,362,000
                                             Total: $43,817,000
------------------------------------------------------------------------
2. IL    Wood River Levee   May 7, 2013      Estimated Federal:
          System                              $16,678,000
          Reconstruction                     Estimated non-Federal:
                                              $8,980,000
                                             Total: $25,658,000
------------------------------------------------------------------------
3. TX    Corpus Christi     Aug. 8, 2013     Estimated Federal:
          Ship Channel                        $182,582,000
                                             Estimated non-Federal:
                                              $170,649,000
                                             Total: $353,231,000
------------------------------------------------------------------------
4. IA    Des Moines River   Feb. 12, 2014    Estimated Federal:
          and Raccoon                         $14,990,300
          River Project                      Estimated non-Federal:
                                              $8,254,700
                                             Total: $23,245,000
------------------------------------------------------------------------
5. MD    Poplar Island      Feb. 26, 2014    Estimated Federal:
                                              $868,272,000
                                             Estimated non-Federal:
                                              $365,639,000
                                             Total: $1,233,911,000
------------------------------------------------------------------------
6. IL    Lake Michigan      Mar. 18, 2014    Estimated Federal:
          (Chicago                            $185,441,000
          Shoreline)                         Estimated non-Federal:
                                              $355,105,000
                                             Total: $540,546,000
------------------------------------------------------------------------
7. NE    Western Sarpy and  Mar. 20, 2014    Estimated Federal:
          Clear Creek                         $28,128,800
                                             Estimated non-Federal:
                                              $15,146,300
                                             Total: $43,275,100
------------------------------------------------------------------------
8. MO    Cape Girardeau     Apr. 14, 2014    Estimated Federal:
                                              $17,687,000
                                             Estimated non-Federal:
                                              $746,000
                                             Total: $18,433,000
------------------------------------------------------------------------

     SEC. 7004. EXPEDITED CONSIDERATION IN THE HOUSE AND SENATE.

       (a) Consideration in the House of Representatives.--
       (1) Definition of interim authorization bill.--In this 
     subsection, the term ``interim authorization bill'' means a 
     bill of the 113th Congress introduced after the date of 
     enactment of this Act in the House of Representatives by the 
     chair of the Committee on Transportation and Infrastructure 
     which--
       (A) has the following title: ``A bill to provide for the 
     authorization of certain water resources development or 
     conservation projects outside the regular authorization 
     cycle.''; and
       (B) only contains--
       (i) authorization for 1 or more water resources development 
     or conservation projects for which a final report of the 
     Chief of Engineers has been completed; or
       (ii) deauthorization for 1 or more water resources 
     development or conservation projects.
       (2) Expedited consideration.--If an interim authorization 
     bill is not reported by a committee to which it is referred 
     within 30 calendar days, the committee shall be discharged 
     from its further consideration and the bill shall be referred 
     to the appropriate calendar.
       (b) Consideration in the Senate.--
       (1) Policy.--The benefits of water resource projects 
     designed and carried out in an economically justifiable, 
     environmentally acceptable, and technically sound manner are 
     important to the economy and environment of the United States 
     and recommendations to Congress regarding those projects 
     should be expedited for approval in a timely manner.
       (2) Applicability.--The procedures under this subsection 
     apply to projects for water resources development, 
     conservation, and other purposes, subject to the conditions 
     that--
       (A) each project is carried out--
       (i) substantially in accordance with the plan identified in 
     the report of the Chief of Engineers for the project; and
       (ii) subject to any conditions described in the report for 
     the project; and
       (B)(i) a report of the Chief of Engineers has been 
     completed; and
       (ii) after the date of enactment of this Act, the Assistant 
     Secretary of the Army for Civil Works has submitted to 
     Congress a recommendation to authorize construction of the 
     project.
       (3) Expedited consideration.--
       (A) In general.--A bill shall be eligible for expedited 
     consideration in accordance with this subsection if the 
     bill--
       (i) authorizes a project that meets the requirements 
     described in paragraph (2); and
       (ii) is referred to the Committee on Environment and Public 
     Works of the Senate.
       (B) Committee consideration.--
       (i) In general.--Not later than January 31st of the second 
     session of each Congress, the Committee on Environment and 
     Public Works of the Senate shall--

       (I) report all bills that meet the requirements of 
     subparagraph (A); or
       (II) introduce and report a measure to authorize any 
     project that meets the requirements described in paragraph 
     (2).

       (ii) Failure to act.--Subject to clause (iii), if the 
     committee fails to act on a bill that meets the requirements 
     of subparagraph (A) by the date specified in clause (i), the 
     bill shall be discharged from the committee and placed on the 
     calendar of the Senate.
       (iii) Exceptions.--Clause (ii) shall not apply if--

[[Page H4113]]

       (I) in the 180-day period immediately preceding the date 
     specified in clause (i), the full committee holds a 
     legislative hearing on a bill to authorize all projects that 
     meet the requirements described in paragraph (2);
       (II)(aa) the committee favorably reports a bill to 
     authorize all projects that meet the requirements described 
     in paragraph (2); and
       (bb) the bill described in item (aa) is placed on the 
     calendar of the Senate; or
       (III) a bill that meets the requirements of subparagraph 
     (A) is referred to the committee not earlier than 30 days 
     before the date specified in clause (i).

       (4) Termination.--The procedures for expedited 
     consideration under this subsection terminate on December 31, 
     2018.
       (c) Rules of the Senate and House of Representatives.--This 
     section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a bill addressed by this 
     section, and it supersedes other rules only to the extent 
     that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

       And the Senate agree to the same.
     From the Committee on Transportation and Infrastructure, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Bill Shuster,
     John J. Duncan, Jr., of Tennessee,
     Frank A. LoBiondo,
     Sam Graves of Missouri,
     Shelley Moore Capito,
     Candice S. Miller of Michigan,
     Duncan Hunter,
     Larry Bucshon,
     Bob Gibbs,
     Richard L. Hanna,
     Daniel Webster of Florida,
     Tom Rice of South Carolina,
     Markwayne Mullin
     Rodney Davis of Illinois,
     Nick J. Rahall II,
     Peter A. DeFazio,
     Corrine Brown of Florida,
     Eddie Bernice Johnson of Texas,
     Timothy H. Bishop of New York,
     Donna F. Edwards,
     John Garamendi,
     Janice Hahn,
     Lois Frankel of Florida,
     Cheri Bustos,
     From the Committee on Natural Resources, for consideration of 
     secs. 103, 115, 144, 146, and 220 of the House bill, and 
     secs. 2017, 2027, 2028, 2033, 2051, 3005, 5002, 5003, 5005, 
     5007, 5012, 5018, 5020, title XII, and sec. 13002 of the 
     Senate amendment, and modifications committed to conference:
     Doc Hastings of Washington,
     Rob Bishop of Utah,
     Grace F. Napolitano,
                                Managers on the Part of the House.

     Barbara Boxer,
     Thomas R. Carper,
     Benjamin L. Cardin,
     Sheldon Whitehouse,
     Bernard Sanders,
     David Vitter,
     James M. Inhofe,
     John Barrasso,
                               Managers on the Part of the Senate.

       Joint Explanatory Statement of the Committee of Conference

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3080), to provide 
     for the conservation and development of water and related 
     resources, and for other purposes, submit the following joint 
     statement to the House and the Senate in explanation of the 
     effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.
     Definition of Feasible
       When the term ``feasible'' is used in this Act, the 
     conferees intend this to mean a determination that a water 
     resources project is technically feasible, economically 
     justified, and environmentally acceptable.
       Sec. 1. Short title; table of contents.
       Sec. 2. Definition of Secretary.

               Title I--Program Reforms and Streamlining


      SEC. 1001. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES

       House Sec.  101, Senate Sec.  2032.--Senate recedes, with 
     an amendment.
       This section generally limits a new Corps of Engineers 
     feasibility study initiated after the date of enactment of 
     this Act to 3 years and $3 million in federal costs. It also 
     requires District, Division, and Headquarters personnel to 
     concurrently conduct reviews of a feasibility study. For any 
     feasibility study not complete after 3 years, upon 
     notification of the non-federal project sponsor and Congress, 
     the Secretary of the Army may take up to one additional year 
     to complete the feasibility study. If the feasibility study 
     is still not complete, authorization for the feasibility 
     study is terminated. The Secretary is given authority to 
     extend the timeline further for complex studies, provided 
     that a notice is provided to the Committees of jurisdiction 
     explaining the rationale for the determination.
       The Managers are concerned about the length of time it 
     often takes for the Corps of Engineers to complete its 
     feasibility studies. While there are several reasons studies 
     can sometimes take 15 years or more, the Managers believe 
     that the time can be shortened by setting the deadlines 
     established in this legislation. The schedule set by this 
     section closely follows the one which the Corps is working to 
     implement administratively. The Managers believe that setting 
     an aggressive schedule in statute will increase the 
     likelihood that necessary federal and non-federal efforts 
     will be undertaken in a timely manner and financial resources 
     will be provided so that feasibility studies will be 
     completed in 3 years after the date of a feasibility cost 
     sharing agreement with a non-federal sponsor. The objective 
     in establishing these defined procedures is to achieve 
     consistency and efficiency in the feasibility study process.


                  SEC. 1002. CONSOLIDATION OF STUDIES

       House Sec.  104, Senate Sec.  2034.--Senate recedes, with 
     an amendment.
       This section repeals requirements that the Corps of 
     Engineers conduct a reconnaissance study prior to initiating 
     a feasibility study. In its place the section articulates an 
     accelerated process which allows non-federal project sponsors 
     and the Corps of Engineers to proceed directly to the 
     feasibility study.
       While repealing the requirement that the Corps of Engineers 
     carry out reconnaissance studies and produce a reconnaissance 
     report, some of the activities prescribed by Section 905(b) 
     of the Water Resources Development of 1986 as amended may be 
     carried out at the beginning of the feasibility study process 
     as required under Section 1001 of this Act. At any point 
     during a feasibility study, the Secretary may terminate the 
     study when it is clear there is no demonstrable federal 
     interest for a project or that construction of the project is 
     not possible for technical, legal, or financial reasons.


               SEC. 1003. EXPEDITED COMPLETION OF REPORTS

       House Sec.  105. No comparable Senate section.--Senate 
     recedes.


               SEC. 1004. REMOVAL OF DUPLICATIVE ANALYSES

       House Sec.  106. No comparable Senate section.--Senate 
     recedes.
       This section repeals a requirement that the Corps of 
     Engineers reevaluate cost-estimates immediately after initial 
     cost-estimates have been completed.
       While the Managers applaud the Corps of Engineers for 
     centuries of planning, constructing, operating, and 
     maintaining projects that are integral to the Nation's 
     economic security, implementation of Section 911 of the Water 
     Resources Development Act of 1986 has led to unnecessary and 
     duplicative reviews. Value engineering is a useful concept 
     and tool in carrying out water resources development 
     projects, however, requiring the analysis of cost-estimates 
     immediately after costs have been initially estimated is 
     counter-productive. By repealing Section 911, the Managers 
     intend the Corps of Engineers to continue to apply value 
     engineering intent and techniques to projects, but to apply 
     them in consultation with contractors immediately prior to or 
     after the project has initiated construction. Value 
     engineering should be an ongoing and integral aspect of any 
     Corps of Engineers project.


                    SEC. 1005. PROJECT ACCELERATION

       House Sec.  103, Senate Sec.  2033.--House and Senate agree 
     to an amendment.
       The Managers intend this section to be narrowly designed to 
     streamline the process for complying with the requirements of 
     the National Environmental Policy Act (NEPA). This subsection 
     clarifies that the requirements of all other laws continue to 
     apply to a water resources project. The requirements of laws 
     and regulations that do not relate to complying with the NEPA 
     process are not affected and remain in full effect. Nothing 
     in this section preempts or interferes with any regulatory 
     requirements in effect at the time of enactment of this Act 
     or may be created after enactment of this Act. Nothing in 
     this section affects any obligation to comply with the 
     regulations issued by the Council on Environmental Quality or 
     any other federal agency to carry out that Act unless they

[[Page H4114]]

     specifically impact the ability to comply with the process 
     requirements of this section.
       The Managers have included in this section a requirement 
     that the Secretary establish and maintain an electronic 
     database for the purpose of reporting requirements and to 
     make publicly available the status and progress with respect 
     to compliance with applicable laws. The language also 
     includes a requirement that the Secretary publish the status 
     and progress of each project study. The Managers support 
     making more transparent the process of meeting milestones of 
     compliance with laws so that interested parties can follow 
     the progress of individual studies. At the same time, the 
     Managers do not want the process to become a huge exercise 
     that requires a large amount of time as well as human and 
     monetary resources. The Secretary should manage this 
     requirement so that the public receives relevant information 
     but excessive resources are not spent maintaining the 
     database.


     SEC. 1006. EXPEDITING THE EVALUATION AND PROCESSING OF PERMITS

       House Sec.  102, Senate Sec.  2042.--House and Senate agree 
     to an amendment.
       This section provides permanent authority for the Corps of 
     Engineers to accept funds from non-federal public interests 
     to expedite the processing of permits within the regulatory 
     program of the Corps of Engineers. Additionally, this section 
     allows public utility companies and natural gas companies to 
     participate in the program. Finally, this section directs the 
     Secretary to ensure that the use of the authority does not 
     slow down the permit processing time of applicants that do 
     not participate in the section 214 program.
       According to testimony presented to the House of 
     Representatives Committee on Transportation and 
     Infrastructure, more than $220 billion in annual economic 
     investment is directly related to activities associated with 
     the Corps of Engineers regulatory program, specifically, 
     decisions reached under section 404 of the Clean Water Act. 
     Currently, not every Corps of Engineers District utilizes the 
     Section 214 program. By authorizing a permanent program, the 
     Managers provide direction and encourage each District to 
     participate in the Section 214 program and ensure regulatory 
     decisions are reached in a timely manner. The Managers expect 
     that when funds are offered by an entity under this section, 
     the Secretary will accept and utilize those funds in an 
     expeditious manner.
       The Managers have included additional transparency 
     provisions, including an annual report to Congress, as well 
     as provisions to ensure that a consistent approach is taken 
     in implementing the program across the Nation. In the past, 
     the Government Accountability Office (GAO) has critiqued the 
     Corps' implementation of this program. In response, the Corps 
     has taken steps to ensure greater consistency in 
     implementation of the authority across the 38 Corps Districts 
     and to ensure full compliance with all the regulatory 
     requirements. These steps include updated guidance, 
     development of a template of necessary decision documents, 
     and ongoing training of District staff. The Managers expect 
     the Corps to continue implementation of these initiatives as 
     it carries out the expanded authority provided in the 
     Conference agreement. Finally, the Conference agreement 
     requires additional GAO oversight of the implementation of 
     this expanded authority to ensure compliance with all 
     regulatory requirements.


  SEC. 1007. EXPEDITING APPROVAL OF MODIFICATIONS AND ALTERATIONS OF 
                   PROJECTS BY NON-FEDERAL INTERESTS

       House Sec.  107. No comparable Senate section.--Senate 
     recedes.


   SEC. 1008. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES

       Senate Sec.  2009. No comparable House section.--House 
     recedes.


 SEC. 1009. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT

       House Sec.  130. No comparable Senate section.--Senate 
     recedes.


             SEC. 1010. DETERMINATION OF PROJECT COMPLETION

       Senate Sec.  2036. No comparable House section.--House 
     recedes.


                       SEC. 1011. PRIORITIZATION

       Senate Sec.  2044, Sec.  2045. No comparable House 
     section.--House recedes, with an amendment.
       This section establishes criteria for prioritization of 
     hurricane and storm damage reduction and ecosystem 
     restoration projects.
       The Managers are also concerned with the application of 
     certain cost share requirements to ecosystem restoration 
     projects. When identifying the costs of construction for 
     navigation projects, the Corps of Engineers, pursuant to the 
     Act of June 21, 1940 (more commonly known as the Truman-Hobbs 
     Act) considers the cost of highway and railroad bridge 
     alterations or removals as construction costs, eligible for 
     cost share. However, for flood control projects and ecosystem 
     restoration projects, local sponsors are currently required 
     to pay the entire cost of a bridge alteration or removal as a 
     non-federal responsibility to provide all lands, easements, 
     rights-of-way, disposal areas, and relocations, pursuant to 
     section 103(a) of the Water Resources Development Act of 
     1986, as amended. While that specific section is notably 
     applicable to only flood control projects, the Corps has 
     applied this responsibility broadly to other project 
     purposes, such as ecosystem restoration purposes, as well.
       Bridge alterations and removals can be essential components 
     of ecosystem restoration projects, such as related to large-
     scale ecosystem restoration projects. As such, the Managers 
     encourage the Secretary to explore whether such alterations 
     and removals should, like navigation projects, be considered 
     as part of the costs of construction of an ecosystem 
     restoration project, and to report to the Committees of 
     jurisdiction on its findings. If the Secretary determines 
     that such alterations and removals are integral to meeting 
     the goals of ecosystem restoration projects, the Secretary 
     shall develop new guidance for ecosystem restoration projects 
     that fits their unique needs.


   SEC. 1012. TRANSPARENCY IN ACCOUNTING AND ADMINISTRATIVE EXPENSES

       Senate Sec.  2035. No comparable House section.--House 
     recedes.


        SEC. 1013. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS

       Senate Sec.  2037. No comparable House section.--House 
     recedes, with an amendment.


   SEC. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
                   PROJECTS BY NON-FEDERAL INTERESTS

       House Sec.  108, Sec.  112. No comparable Senate section.--
     Senate recedes, with an amendment.
       For purposes of this section, the terms ``before 
     construction'' and ``before initiation of construction'' are 
     intended to mean after the issuance of a notice to proceed.


           SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS

       House Sec.  109. No comparable Senate section.--Senate 
     recedes, with an amendment.
       This section clarifies the non-federal interests that may 
     contribute funds toward construction of authorized water 
     resources projects. Additionally, this section clarifies that 
     inland navigation facilities and the repair of water 
     resources facilities after an emergency declaration are 
     eligible for contributed funds from non-federal interests.
       For example, this section clarifies non-federal interests, 
     as defined by Section 221 of the Flood Control Act of 1970, 
     as amended, may participate in the funding of the 
     construction of projects on the inland navigation system. 
     Currently, capital improvement projects are financed 50 
     percent from the General Fund of the Treasury, and 50 percent 
     from the Inland Waterway Trust Fund. While this section does 
     not alter that arrangement, it does authorize non-federal 
     interests to fund capital improvement projects on the inland 
     navigation system. For instance, under current law, a State 
     cannot fund the construction of a new lock and dam. This 
     section is intended to authorize that type of funding 
     activity.


        SEC. 1016. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS

       Senate Sec.  2023. No comparable House section.--House 
     recedes, with an amendment.


 SEC. 1017. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK OPERATIONS

       House Sec.  110, Sec.  217, Senate Sec.  2039.--House 
     recedes.
       This section authorizes the Secretary of the Army to accept 
     non-federal contributions from non-federal entities to 
     operate and maintain the Nation's inland waterways 
     transportation system.
       The Corps of Engineers is undergoing a review of those 239 
     lock projects at 193 sites on the inland navigation system to 
     prioritize operation and maintenance funding needs. Up until 
     several years ago, almost all of the locks in the system were 
     operated 24 hours a day, 7 days a week, 365 days a year. 
     However, due to the age of the system, limited use for some 
     of the projects, and limited operation and maintenance funds, 
     the Corps of Engineers is proposing to limit the operations 
     of certain locks on a District-by-District basis. While the 
     Managers applaud the Corps in their efforts to prioritize 
     projects, the Managers are wary of a lack of coordination 
     amongst Districts when implementing these changes in hours of 
     service, and in a few cases have proposed to limit the hours 
     of service based on inaccurate or limited data.
       While changes in hours of service are imminent and in some 
     cases have already been implemented, non-federal interests 
     have expressed a willingness to finance the operations and 
     maintenance of projects where the hours of service have been 
     proposed to be reduced. This section is intended to allow the 
     Corps to accept such funds to ensure commercial and 
     recreational traffic is not unduly impacted on the inland 
     navigation system.


              SEC. 1018. CREDIT FOR IN-KIND CONTRIBUTIONS

       House Sec.  116, Senate Sec.  2012.--House recedes, with an 
     amendment.
       This section corrects two provisions in WRDA 2007 that have 
     not been properly executed due to unintended interpretations. 
     In previous Water Resources Development Acts, credit was 
     authorized for individual projects. While the intent was the 
     same, many of these provisions had been written differently 
     over time. In an effort to harmonize those activities for 
     which credit could be authorized, Congress requested 
     technical assistance from the Corps of Engineers in drafting 
     a credit provision that could be applied to all Corps 
     projects. While the language provided by the Corps was 
     included in WRDA 2007, the Corps subsequently determined that 
     specific sections of the law could not be executed consistent 
     with Congressional intent.
       This section allows the Secretary to provide in-kind credit 
     for work done by the non-

[[Page H4115]]

     federal sponsor prior to execution of a project partnership 
     agreement.
       This section explicitly authorizes the Secretary to enter 
     into a written agreement with the non-federal interest to 
     credit certain in-kind contributions against the non-federal 
     share of cost of the project.
       This section directs the Secretary to reimburse the non-
     Federal interest for costs that exceed the non-Federal cost-
     share requirements if the excess costs are incurred for work 
     carried out pursuant to a written agreement and are a result 
     of the requirement that the non-Federal sponsor provide all 
     lands, easements, rights-of-way, dredged material disposal 
     areas, and relocations (LERRD) for the authorized project 
     under this section. The Secretary is directed to enter into 
     an agreement, subject to availability of funds, to provide 
     the reimbursement. This provision is intended to address a 
     disincentive created by Corps policy that discourages non-
     Federal interests from carrying out in-kind work on projects 
     that that have significant LERRD costs. At a time of limited 
     Federal budgets, the Managers urge the Secretary to work with 
     non-Federal interests willing to invest local funding in 
     civil works projects. The Managers intend for the Secretary 
     to enter into a reimbursement agreement if funds are 
     available for the project and utilize those funds to provide 
     reimbursement prior to transfer of the project to the non-
     Federal sponsor for operation and maintenance.
       This section requires the Secretary to update any guidance 
     or regulations related to the approval of in-kind credit to 
     establish a milestone for executing an in-kind memorandum of 
     understanding, criteria and procedures for granting 
     exceptions to this milestone, and criteria and procedures for 
     determining that work is integral to a project. The Managers 
     are concerned with the lack of flexibility afforded by the 
     Secretary in determining at what point during a feasibility 
     study a non-federal sponsor may carry out work for in-kind 
     credit. In carrying out the update required by this section, 
     the Managers expect that the Secretary will use an inclusive 
     process that considers input from non-federal interests. 
     Further, the Managers encourage the Secretary to ensure that 
     the final guidelines provide a process for carrying out work 
     for in-kind credit that is predictable and takes into account 
     the unique issues that may arise regarding individual water 
     resources projects.
       Both the House and Senate Committees typically receive 
     numerous requests for project-specific credit during the 
     development of this Act. While requests for credit have 
     received favorable consideration in prior water resources 
     legislation, the Managers concluded that a general provision 
     allowing credit under specified conditions would minimize the 
     need for future project-specific provisions and, at the same 
     time, assure consistency in considering future proposals for 
     credit.
       The Managers are becoming increasingly wary of non-federal 
     interests advocating for credit for work not captured by a 
     project partnership agreement or an in-kind Memorandum of 
     Understanding. The Managers would strongly encourage non-
     federal interests to sign such agreements prior to carrying 
     out any work related to a proposed project; otherwise such 
     work will not be eligible for credit.


          SEC. 1019. CLARIFICATION OF IN-KIND CREDIT AUTHORITY

       Senate Sec.  2010. No comparable House section.--House 
     recedes, with an amendment.


                  SEC. 1020. TRANSFER OF EXCESS CREDIT

       Senate Sec.  2011. No comparable House section.--House 
     recedes, with an amendment.


  SEC. 1021. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED NAVIGATION 
                                PROJECTS

       Senate Sec.  2062. No comparable House section.--House 
     recedes, with an amendment.


               SEC. 1022. CREDIT IN LIEU OF REIMBURSEMENT

       Senate Sec.  2013. No comparable House section.--House 
     recedes, with an amendment.


      SEC. 1023. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL INTERESTS

       House Sec.  111, Senate Sec.  2059.--Senate recedes.


     SEC. 1024. AUTHORITY TO ACCEPT AND USE MATERIALS AND SERVICES

       Senate Sec.  11005. No comparable House section.--House 
     recedes, with an amendment.
       The Managers are concerned that limited operations and 
     maintenance funding is having a negative impact on the 
     Secretary's ability to maintain the long-term reliability of 
     our Nation's water resources infrastructure. In many cases, 
     there is insufficient funding available to quickly restore 
     project operations following a natural disaster, failure of 
     equipment, or other emergency. Restoration of project 
     operations are dependent on enactment by the Congress of 
     emergency supplemental funding, which could result in months 
     before projects are fully restored to safe and reliable 
     operations. The cost to our Nation's economy for these 
     delayed actions is millions of dollars per day. For our 
     Nation to remain competitive in the world's economy, the 
     Managers believe there is a need to leverage other resources 
     to enable the Secretary to quickly restore safe and reliable 
     project operations after an emergency. To that end, the 
     Secretary, working with States, local governments, industry, 
     and other stakeholders, is authorized to accept materials and 
     services to repair water resources projects that have been 
     damaged or destroyed as a result of a major disaster, 
     emergency, or other event. To enable the fastest opportunity 
     to restore safe and reliable project operations, the 
     Secretary is strongly encouraged to delegate to the lowest 
     level in the Corps of Engineers the authority to make the 
     determination of an emergency; to make the determination on 
     whether acceptance of these contributions are in the public 
     interest; and to accept the contributions from non-federal 
     public, private, or non-profit entities.


          SEC. 1025. WATER RESOURCES PROJECTS ON FEDERAL LAND

       Senate Sec.  2018. No comparable House section.--House 
     recedes, with an amendment.
       This section is intended to clarify the authority of the 
     Secretary and the application of cost-sharing for certain 
     projects carried out on federal land under the administrative 
     jurisdiction of another federal agency.
       If federal land necessary to construct a water resources 
     development project was originally paid for by the non-
     federal interest for such project and the non-federal 
     interest signs a memorandum of understanding with the 
     Secretary to cost-share work on such federal land, the 
     Managers intend for the Secretary to cost-share any 
     construction with the non-federal interest as if the non-
     federal interest currently owns the land. In such a case, the 
     Secretary should not require the construction on the federal 
     land to be fully funded by the federal agency that currently 
     has jurisdiction over the land. Any recommendations in a 
     feasibility study should be consistent with the policy in 
     this section.


    SEC. 1026. CLARIFICATION OF IMPACTS TO OTHER FEDERAL FACILITIES

       House Sec.  113. No comparable Senate section.--Senate 
     recedes.
       This section clarifies that when a Corps of Engineers 
     project adversely impacts other federal facilities, the 
     Secretary may accept funds from other federal agencies to 
     address the impacts, including removal, relocation, and 
     reconstruction of such facilities.


       SEC. 1027. CLARIFICATION OF MUNITION DISPOSAL AUTHORITIES

       Senate Sec.  2029. No comparable House section.--House 
     recedes.


            SEC. 1028. CLARIFICATION OF MITIGATION AUTHORITY

       House Sec.  114, Senate Sec.  2017.--House recedes, with an 
     amendment.


      SEC. 1029. CLARIFICATION OF INTERAGENCY SUPPORT AUTHORITIES

       Senate Sec.  2038. No comparable House section.--House 
     recedes, with an amendment.


                    SEC. 1030. CONTINUING AUTHORITY

       Senate Sec.  2003, Sec.  2004. No comparable House 
     section.--House recedes, with an amendment.
       This section increases the authorization for small 
     continuing authority projects associated with navigation, 
     flood damage reduction, ecosystem restoration, emergency 
     streambank protection, control of invasive species, and other 
     activities carried out by the Corps of Engineers.
       In some cases, Corps of Engineers projects have caused 
     damages to other nearby infrastructure projects or other 
     properties of local importance. For instance, coastal 
     navigation projects may inadvertently redirect flows or waves 
     and damage nearby shorelines. The Corps of Engineers is 
     encouraged to use relevant continuing authorities programs to 
     correct these deficiencies.


                 SEC. 1031. TRIBAL PARTNERSHIP PROGRAM

       House Sec.  115, Senate Sec.  2027.--Senate recedes.


              SEC. 1032. TERRITORIES OF THE UNITED STATES

       House Sec.  139. No comparable Senate section.--Senate 
     recedes.


                    SEC. 1033. CORROSION PREVENTION

       House Sec.  131, Senate Sec.  2048.--Senate recedes.


               SEC. 1034. ADVANCED MODELING TECHNOLOGIES

       House Sec.  129. No comparable Senate section.--Senate 
     recedes, with an amendment.


                     SEC. 1035. RECREATIONAL ACCESS

       House Sec.  138. No comparable Senate section.--Senate 
     recedes, with an amendment.


SEC. 1036. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK REDUCTION

       House Sec.  121, Senate Sec.  2055.--House recedes, with an 
     amendment.
       This section authorizes the Secretary of the Army to carry 
     out a locally preferred plan if that project increment 
     provides a higher level of flood protection and is 
     economically justified, technically achievable, and 
     environmentally acceptable. The federal cost of carrying out 
     such a plan may not exceed the federal share as authorized by 
     law for the national economic development plan.
       In certain cases, non-federal project sponsors request the 
     Corps of Engineers carry out a locally-preferred plan that is 
     more robust than that recommended in a Chief's Report. This 
     provision is consistent with current practice where the Corps 
     will recommend to Congress a more robust locally preferred 
     plan at the request of the non-federal interest, provided the 
     non-federal interest contributes any additional costs that 
     may be incurred in carrying out the locally preferred plan. 
     This provision gives the Corps authority to implement a 
     locally preferred plan for a flood damage reduction project 
     authorized in this Act. It is not intended to affect current 
     law with respect to establishing cost-share for an authorized 
     project.


            SEC. 1037. HURRICANE AND STORM DAMAGE REDUCTION

       Senate Sec.  2030. No comparable House section.--House 
     recedes, with an amendment.

[[Page H4116]]

       This section authorizes a non-federal interest to request 
     that the Corps of Engineers study a project to determine if 
     there is a federal interest in carrying out an additional 15 
     years of work. If the study results in a determination that 
     there continues to be a federal interest in the project, the 
     Corps may request authorization through the Annual Report 
     process as prescribed in section 7001 of this Act.
       For those projects that are approaching the 50-year 
     expiration over the next 5 years, the Corps of Engineers is 
     authorized to continue work for a one time only, additional 3 
     years. This will give those expiring projects sufficient 
     opportunity to get into the study pipeline and the Annual 
     Report process while ensuring shoreline communities and 
     infrastructure have continuing protection from storm events.
       The activities prescribed in this section are not to be 
     determined to be a ``new start'' for budgetary purposes, 
     rather they are to be considered a continuation of an 
     existing project.


 SEC. 1038. REDUCTION OF FEDERAL COSTS FOR HURRICANE AND STORM DAMAGE 
                           REDUCTION PROJECTS

       House Sec.  128, Senate Sec.  2031.--House and Senate agree 
     to an amendment.


                      SEC. 1039. INVASIVE SPECIES

       House Sec.  137, Sec.  144, Sec.  145, Senate Sec.  2052, 
     Sec.  5007, Sec. 5011, Sec.  5018.--House and Senate agree to 
     an amendment.
       It is the intent in section (a), Aquatic Species Review, 
     that the assessment provides a national perspective of the 
     existing federal authorities related to invasive species, 
     including invasive vegetation in reservoir basins associated 
     with Corps of Engineers water projects in the western United 
     States. It would be appropriate to identify any specific 
     tribal authorities that may exist for rivers and reservoirs 
     that may be associated with Corps of Engineers projects that 
     intersect with reservation lands.
       This section does not authorize any activities proposed 
     under the ``Great Lakes and Mississippi River Interbasin 
     Study'' (GLMRIS) authorized by Section 3061(d) of the Water 
     Resources Development Act of 2007, Public Law 110-114.


                SEC. 1040. FISH AND WILDLIFE MITIGATION

       Senate Sec.  2005. No comparable House section.--House 
     recedes, with an amendment.


                  SEC. 1041. MITIGATION STATUS REPORT

       Senate Sec.  2006. No comparable House section.--House 
     recedes.


                     SEC. 1042. REPORTS TO CONGRESS

       Senate Sec.  2050. No comparable House section.--House 
     recedes, with an amendment.


          SEC. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM

       Senate Sec.  2025, Sec.  2026. No comparable House 
     section.--House recedes.


                   SEC. 1044. INDEPENDENT PEER REVIEW

       Senate Sec.  2007. No comparable House section.--House 
     recedes, with an amendment.


   SEC. 1045. REPORT ON SURFACE ELEVATIONS AT DROUGHT AFFECTED LAKES

       House Sec.  141. No comparable Senate section.--Senate 
     recedes.


            SEC. 1046. RESERVOIR OPERATIONS AND WATER SUPPLY

       House Sec.  133, Sec.  142, Sec.  143, Senate Sec.  2014, 
     Sec.  2061, Sec.  2064.--House and Senate agree to an 
     amendment.
     Section 1046(a) Dam Optimization
       The Managers are concerned with the impacts of drought on 
     water supply in arid regions. The purpose of the assessment 
     in Section 1046(a)(2)(A) is to determine if the Corps of 
     Engineers reservoirs located in arid regions (primarily the 
     17 Western states) can be managed more flexibly during 
     drought periods, to provide additional water supply, 
     including capturing water during rain events that otherwise 
     would have been routed directly to the ocean. If there are 
     restrictions to managing water during drought periods, it is 
     the intent to identify those practices and authorities that 
     limit the management of water during droughts and determine 
     whether and how they could be changed to allow for more 
     effective water capture and recovery during defined drought 
     periods. In addition, it is the intent of this section to 
     identify if it is determined that the original capacity of 
     the reservoir basin has been reduced due to sedimentation, 
     that the location and extent of that reduction of storage 
     capacity be defined.
       The Managers are also concerned that in the past few years 
     there have been significant flood and drought events 
     affecting all areas of the country from the arid West, the 
     Missouri River basin, the Mississippi River basin, and the 
     Southeast. The Corps operates more than 600 dams and other 
     water control structures around the country. The operation of 
     many of these structures is subject to plans that may not 
     efficiently balance all needs of these reservoirs (e.g., 
     flood control, water supply, environmental restoration, and 
     recreation). This section requires the Corps to do a review 
     of all facilities and report to the House Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Environment and Public Works when the last reviews and 
     updates of operations plans were conducted, as well as what 
     changes were implemented as a result of the operation reviews 
     and a prioritized schedule of when the next operations review 
     is expected for all projects.
       Future updates of the operation plans for these dams and 
     reservoirs could have significant benefits for all of the 
     authorized project purposes. In carrying out reviews under 
     this section, the Secretary is directed to coordinate with 
     appropriate federal, state, and local agencies and public and 
     private entities that could be impacted as well as affected 
     non-federal interests.
     Sec. 1046 (c)
       The Managers remain concerned about the collection of fees 
     in the Upper Missouri River basin. The Senate-passed bill 
     included a permanent ban on such fees, and the House bill was 
     silent with respect to such fees. The conference agreement 
     includes a 10-year moratorium, which will allow Congress to 
     revisit this matter in the future, including consideration of 
     the extension of the moratorium included in this section.
       The Managers recognize that an offset was required due to 
     the direct spending impacts of this provision. Since the 
     benefits of this provision are regional in nature, benefiting 
     the Upper Missouri River basin, the Managers recommend that 
     the Corps of Engineers look first to unobligated balances 
     found in the appropriate accounts of the Upper Missouri River 
     basin to meet the offset identified to cover the direct 
     spending impacts of this provision. Further, the Managers 
     direct the Secretary to ensure that the offset shall not 
     negatively impact the Missouri River Bank Stabilization and 
     Navigation Project.


                     SEC. 1047. SPECIAL USE PERMITS

       Senate Sec.  2046. No comparable House section.--House 
     recedes, with an amendment.


      SEC. 1048. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
                    RECREATIONAL LANDS PASS PROGRAM

       Senate Sec.  13002. No comparable House section.--House 
     recedes.


      SEC. 1049. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 
                          COUNTERMEASURE RULE

       Senate Sec.  13001. No comparable House section.--House 
     recedes, with an amendment.


                           SEC. 1050. NAMINGS

       House Sec.  136, Senate Sec.  2060, Sec.  3017.--House and 
     Senate agree to an amendment.


          SEC. 1051. INTERSTATE WATER AGREEMENTS AND COMPACTS

       House Sec.  140, Senate Sec.  2015.--House and Senate 
     agree.


  SEC. 1052. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT 
                                 BILLS

       House Sec.  135. No comparable Senate section.--Senate 
     recedes.

                          Title II--Navigation

                      Subtitle A--Inland Waterways


                         SEC. 2001. DEFINITIONS

       House Sec. 211, Senate Sec.  7002.--Senate recedes.


              SEC. 2002. PROJECT DELIVERY PROCESS REFORMS

       House Sec. 212, Senate Sec. 7003.--Senate recedes, with an 
     amendment.


              SEC. 2003. EFFICIENCY OF REVENUE COLLECTION

               House Sec.  213, Senate Sec.  7006.--Same


              SEC. 2004. INLAND WATERWAYS REVENUE STUDIES

       House Sec.  214, Senate Sec.  7005.--Senate recedes, with 
     an amendment.
       In carrying out subsection 2004(a), the Secretary shall 
     review, and to the extent practicable, utilize the 
     assessments completed in the report entitled `` New 
     Approaches for U.S. Lock and Dam Maintenance and Funding'' 
     completed in January 2013 by the Center for Ports and 
     Waterways, Texas Transportation Institute.
       In carrying out the study under subsection 2004(b), the 
     Secretary shall evaluate the potential benefits and 
     implications of revenue sources identified in and documented 
     by known authorities of the Inland System, and review 
     appropriate reports and associated literature related to 
     revenue sources. The Managers are aware of several reports 
     and legislative proposals submitted to Congress over the 
     years that should be included in this evaluation, including 
     the 1992 Report of the Congressional Budget Office, entitled 
     ``Paying for Highways, Airways, and Waterways: How Can Users 
     Be Charged;'' the Final Report of the Inland Marine 
     Transportation System (IMTS) Capital Projects Business Model, 
     published on April 12, 2010, and the draft legislative 
     proposals submitted by the Executive Branch in 2008 and 2011.


           SEC. 2005. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE

       House Sec.  215. No comparable Senate section.--Senate 
     recedes, with an amendment.
       It is the intent of this section to provide an opportunity 
     for all stakeholders to participate in a facilitated 
     discussion and to provide a comprehensive set of non-binding 
     recommendations to the Secretary in respect to the future 
     financial management of the inland and intracoastal 
     waterways. The roundtable is to include representatives of 
     the navigation and non-navigation users who derive benefits 
     from the existence of the inland waterway system.


          SEC. 2006. PRESERVING THE INLAND WATERWAY TRUST FUND

       House Sec.  216, Senate Sec.  7004, Sec.  7008.--House and 
     Senate agree to an amendment.


                 SEC. 2007. INLAND WATERWAYS OVERSIGHT

       House Sec.  216, Senate Sec.  7007.--House recedes, with an 
     amendment.


    SEC. 2008. ASSESSMENT OF OPERATION AND MAINTENANCE NEEDS OF THE 
   ATLANTIC INTRACOASTAL WATERWAY AND THE GULF INTRACOASTAL WATERWAY

       House Sec.  218. No comparable Senate section.--Senate 
     recedes, with an amendment.

[[Page H4117]]

          SEC. 2009. INLAND WATERWAYS RIVERBANK STABILIZATION

       Senate Sec.  2043. No comparable House section.--House 
     recedes, with an amendment.
       It is the intent of section 2009 that attention and 
     assessment is given to identifying specific inland and 
     intracoastal waterways where extensive riverbank damage has 
     been caused by vessel-generated wave-wash, plant and soil 
     degradation caused by saltwater intrusion, and recent major 
     flooding events. The Managers recognize the complexity of 
     carrying out large, system-wide stabilization projects and 
     recommend the Secretary utilize the authorities in this 
     section to carry out smaller projects with the greatest 
     threat to human safety and infrastructure that ensure safe 
     navigation and protect infrastructure.


             SEC. 2010. UPPER MISSISSIPPI RIVER PROTECTION

       House Sec.  219, Senate Sec.  5021.--House and Senate agree 
     to an amendment.
       This section directs the Secretary of the Army to close the 
     Upper St. Anthony's Fall Lock and Dam within one year of the 
     date of enactment of this Act.
       The concerns at the Upper St. Anthony Falls Lock and Dam 
     are unique, not representative of other projects on the 
     Nation's inland navigation system, and should not be used as 
     precedent for agency determinations on other projects. The 
     Managers support efforts at the state and local level to 
     mitigate potential economic impacts of this action.


     SEC. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT

       House Sec.  220, Senate Sec.  5020.--Senate recedes.


         SEC. 2012. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS

       House Sec.  125, Senate Sec.  2058.--Senate recedes, with 
     an amendment.


  SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND WATERWAYS

       Senate Sec.  2047. No comparable House section.--House 
     recedes, with an amendment.

                Subtitle B--Port and Harbor Maintenance


           SEC. 2101. FUNDING FOR HARBOR MAINTENANCE PROGRAMS

       House Sec.  201, Senate Sec.  8003.--House and Senate agree 
     to an amendment.
       The Managers support robust federal investment in the 
     operation and maintenance of the Nation's authorized ports 
     and harbors, including through increased expenditures from 
     the Harbor Maintenance Trust Fund (HMTF). While both the H.R. 
     3080 and S. 601 included provisions aimed at utilizing a 
     greater portion of annual collections from shippers (which 
     recently have averaged around $1.6 billion) for maintaining 
     safe and efficient navigation corridors, the Managers have 
     agreed to an amended harbor maintenance subtitle that aims to 
     accomplish this goal, while at the same time addresses the 
     needs of the Nation's authorized harbors in a manner that 
     benefits both the largest commercial harbors, as well as the 
     smaller and emerging harbors.
       In section 2101, the Managers express strong support for 
     increasing the annual expenditures from the HMTF for 
     authorized operation and maintenance expenditures at harbor 
     projects to a point where annual expenditures for operation 
     and maintenance activities equal annual collections from 
     shippers to the HMTF. At the same time, the Managers 
     recognize that any increase in operation and maintenance 
     expenditures should not come at the expense of other 
     activities of the Corps of Engineers, including its 
     navigation construction-related activities, or at the expense 
     of other mission areas of the Corps of Engineers, including 
     flood damage reduction or environmental restoration. 
     Accordingly, the Managers have included language directing 
     that any increase in annual operation and maintenance 
     expenditures come from an equivalent increase in the total 
     appropriations amount for the Corps of Engineers, Civil Works 
     program. Explained a different way, the Corps would need to 
     see its total appropriation for the entire Civil Works 
     authority increase by a dollar amount at least equal to the 
     value of the annual percentage increase in appropriated HMTF 
     funds described in subsection 2101 (b) so as to not 
     negatively impact any other budgetary account of the Corps, 
     or any other mission area of the Corps within the operation 
     and maintenance account.


        SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS

       House Sec. 201, Sec.  202, Sec.  206, Senate Sec.  8004, 
     Sec.  8005--House and Senate agree to an amendment.
       Section 2102 amends section 210 of the Water Resources 
     Development Act of 1986 to establish a new framework for 
     annual allocation of operation and maintenance expenditures. 
     The framework directs the Secretary, to the extent 
     practicable, to base future allocations of operation and 
     maintenance funds on an equitable basis, considering a 
     variety of enumerated factors. For the past several years, 
     the Secretary has made funding allocations for operation and 
     maintenance of the Nation's harbors primarily on the basis of 
     tonnage moved through the harbors. The Water Resources 
     Development Act of 2007 included language that ``the 
     operations and maintenance budget of the Corps of Engineers 
     should reflect the use of all available economic data, rather 
     than a single performance metric'' to urge the Secretary to 
     consider the broader benefits of harbors in making funding 
     decisions; however, since that time, the Corps has continued 
     to use tonnage as the primary metric for such decisions. 
     Accordingly, section 2102 specifically states that the 
     ``Secretary shall not allocate funds . . . based solely on 
     the tonnage transiting through a harbor.''
       While the Managers recognize that tonnage throughput is an 
     important metric for evaluating harbors and will continue to 
     be a consideration in the allocation of funds, federal 
     harbors provide critical national, regional, and local 
     economic benefits, as well as national security or human 
     health and safety benefits that should also be considered. 
     Going forward, the Secretary is to evaluate all of the 
     potential benefits of authorized harbors, including 
     commercial uses, in making an equitable allocation of funds.
       The amendments made by section 2102 also established a new 
     prioritization of future annual expenditures for operation 
     and maintenance of eligible harbors.
       First, for each of fiscal years 2015 through 2022, the 
     Secretary is required to allocate not less than 10 percent of 
     the value of operation and maintenance funds appropriated in 
     fiscal year 2012 ($898 million) (hereinafter referred to as 
     the 2012 baseline) to address the maintenance dredging needs 
     of emerging harbors. For the remaining 90 percent of funds 
     within the 2012 baseline, the Secretary is authorized to make 
     funding decisions as necessary to address harbor needs based 
     on an equitable allocation of funds, as defined in the 
     statute.
       Second, for any funds appropriated to address the operation 
     and maintenance needs of harbors that are above the 2012 
     baseline (hereinafter referred to as priority funds), for 
     fiscal years 2015 through 2024, the Secretary is directed to 
     allocate 90 percent of such funds to meet the needs of high-
     use and moderate-use harbor projects, and to allocate 10 
     percent of priority funds to meet the use of emerging 
     harbors. This 10 percent allocation of priority funds for 
     emerging harbors is in addition to the 10 percent allocation 
     (for fiscal years 2015 through 2022) within the 2012 
     baseline. It is the intent that the 2012 baseline be 
     considered as the funds made available to address the 
     operation and maintenance needs of harbors in appropriations, 
     not including supplemental appropriations for that year.
       Third, in addition to the 90 percent-10 percent division of 
     priority funds described in the previous paragraph, the 
     Secretary is directed, for fiscal years 2015 through 2024, to 
     allocate not less than 5 percent of total priority funds 
     available in a fiscal year to meet the needs of underserved 
     harbor projects (as defined); and not less than 10 percent of 
     such funds for projects located within the Great Lakes 
     Navigation System. Finally, of the total priority funds 
     available for each of fiscal years 2015 through 2024, the 
     Secretary is directed to use not less than 10 percent of 
     those funds for expanded uses (as defined) carried out at 
     eligible harbors or inland harbors (as defined).
       In establishing this prioritization system the Managers are 
     identifying certain priority areas to receive priority funds. 
     The Managers intend that funding operation and maintenance of 
     one project can satisfy more than one identified 
     prioritization category. For example, if the Secretary 
     provides funding for an emerging harbor in the Great Lakes, 
     that funding can count both for meeting the 10 percent 
     allocation for emerging harbors from priority funds, as well 
     as the 10 percent allocation for projects in the Great Lakes 
     Navigation System. Similarly, if the Secretary were to 
     allocate funding to an underserved harbor that also meets the 
     definition of a moderate-use harbor, that allocation could 
     help satisfy both statutory allocations. Finally, if the 
     Secretary were to allocate funding to an eligible high-use or 
     medium-use harbor or inland harbor for expanded uses, that 
     allocation could satisfy the expanded uses allocation and the 
     allocation for meeting the needs of high-use or moderate-use 
     harbors.
       In making funding decisions under this section, the 
     Managers expect that the Secretary can use the flexibility 
     within the 90 percent of funds appropriated within the 2012 
     baseline to meet other funding priorities of the Secretary, 
     while still meeting the priority allocations included in this 
     section for priority funds above the 2012 baseline.
       Section 2102 also directs the Secretary to undertake a 
     biennial assessment of the total operation and maintenance 
     needs of the Nation's harbors. The intent of this provision 
     is to provide a more comprehensive understanding of the 
     operation and maintenance needs of authorized harbors, both 
     to meet their authorized widths and depths, as well as to 
     address potential expanded uses at eligible harbors and 
     inland harbors. The Managers expect that this information 
     will provide a useful tool for future funding allocations, as 
     well as provide individual harbors with some expectation of 
     when their individual operation and maintenance needs may be 
     addressed through future funding allocations. In addition, 
     this assessment will provide greater detail on the current 
     uses of high use harbors that transit 90 percent of the 
     Nation's commerce as well as emerging harbors, including 
     harbors used for commercial fishing purposes, and harbors 
     that are used in emergencies to provide water access for 
     Coast Guard, fire control and emergency relief, to nuclear 
     power stations, other energy-related industries, or coastal 
     developments that could be impacted by hurricanes, 
     earthquakes, tsunamis, or other shoreline catastrophes.
       It is the intent of Section 2102(a)(2) Assessment of Harbor 
     Needs and Activities, (B)

[[Page H4118]]

     Uses of Harbors and Inland Harbors, (xi) public health and 
     safety related equipment for responding to coastal and inland 
     emergencies, that attention and assessment be given to 
     identifying specific harbors that would be used in 
     emergencies to provide water access for coast guard, fire 
     control and emergency relief, to nuclear power stations, 
     other energy-related industries, or coastal developments that 
     could be impacted by hurricanes, earthquakes, tsunamis, or 
     other shoreline catastrophes.
       Section 4022(b) of the Internal Revenue Service 
     Restructuring and Reform Act of 1998 (the ``IRS Reform Act'') 
     requires the Joint Committee on Taxation (in consultation 
     with the Internal Revenue Service and the Department of the 
     Treasury) to provide a tax complexity analysis. The 
     complexity analysis is required for all legislation reported 
     by the Senate Committee on Finance, the House Committee on 
     Ways and Means, or any committee of conference if the 
     legislation includes a provision that directly or indirectly 
     amends the Internal Revenue Code (the ``Code'') and has 
     widespread applicability to individuals or small businesses. 
     The staff of the Joint Committee on Taxation has determined 
     that a complexity analysis is not required under section 
     4022(b) of the IRS Reform Act because the bill contains no 
     provisions that have ``widespread applicability'' to 
     individuals or small businesses.


      SEC. 2103. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE

       House Sec.  204. No comparable Senate section.--Senate 
     recedes.


               SEC. 2104. REMOTE AND SUBSISTENCE HARBORS

       Senate Sec.  5017. No comparable House section.--House 
     recedes, with an amendment.


       SEC. 2105. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS

       Senate Sec.  5022. No comparable House section.--House 
     recedes, with an amendment.


SEC. 2106. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS

       Senate Sec.  8004. No comparable House section.--House 
     recedes, with an amendment.


              SEC. 2107. PRESERVING UNITED STATES HARBORS

       House Sec.  203. No comparable Senate section.--Senate 
     recedes, with an amendment.

  Title III--Safety Improvements and Addressing Extreme Weather Events

                         Subtitle A--Dam Safety


                         SEC. 3001. DAM SAFETY

       House Sec. 124, Senate Sec.  9001, Sec.  9002, Sec.  9003, 
     Sec.  9004, Sec.  9005, Sec.  9006, Sec.  9007.--House 
     recedes, with an amendment.

                        Subtitle B--Levee Safety


              SEC. 3011. SYSTEMWIDE IMPROVEMENT FRAMEWORK

       House Sec.  127, Senate Sec.  2041.--House recedes.


         SEC. 3012. MANAGEMENT OF FLOOD RISK REDUCTION PROJECTS

       Senate Sec.  3011. No comparable House section.--House 
     recedes, with an amendment.


                SEC. 3013. VEGETATION MANAGEMENT POLICY

       House Sec.  127, Senate Sec.  2020.--House recedes, with an 
     amendment.


                    SEC. 3014. LEVEE CERTIFICATIONS

       Senate Sec.  2021. No comparable House section.--House 
     recedes, with an amendment.


                SEC. 3015. PLANNING ASSISTANCE TO STATES

       House Sec.  126, Senate Sec.  2019.--House recedes, with an 
     amendment.


                        SEC. 3016. LEVEE SAFETY

       House Sec.  126, Senate Sec.  6001-6009.--House and Senate 
     agree to an amendment.


              SEC. 3017. REHABILITATION OF EXISTING LEVEES

       Senate Sec.  2022. No comparable House section.--House 
     recedes, with an amendment.

 Subtitle C--Additional Safety Improvements and Risk Reduction Measures


                 SEC. 3021. USE OF INNOVATIVE MATERIALS

       House Sec.  132. No comparable Senate section.--Senate 
     recedes, with an amendment.


         SEC. 3022. DURABILITY, SUSTAINABILITY, AND RESILIENCE

       House Sec.  132, Senate Sec.  11001.--House and Senate 
     agree to an amendment.


                   SEC. 3023. STUDY ON RISK REDUCTION

       Senate Sec.  11002. No comparable House section.--House 
     recedes.


       SEC. 3024. MANAGEMENT OF FLOOD, DROUGHT, AND STORM DAMAGE

       Senate Sec.  11003. No comparable House section.--House 
     recedes, with an amendment.


             SEC. 3025. POST-DISASTER WATERSHED ASSESSMENTS

       Senate Sec. 11004. No comparable House section.--House 
     recedes, with an amendment.


         SEC. 3026. HURRICANE AND STORM DAMAGE REDUCTION STUDY

       House Sec.  120, Senate Sec.  3004.--Senate recedes.
       Section 3026 clarifies that Congress intends that the study 
     for flood and storm damage reduction related to natural 
     disasters carried out by the Secretary under Title II of 
     Division A of the Disaster Relief Appropriations Act, 2013, 
     shall include in the recommendations specific reference to 
     regional and watershed level actions that could be taken, 
     including the development of coastal wetlands to serve as 
     protective surge reduction areas, to reduce shoreline impacts 
     from storm surges. It is the intent of this section to 
     provide direction on the development of a recommended step 
     down approach that local and regional governments could 
     collaborate on to improve coastal storm damage reduction.


               SEC. 3027. EMERGENCY COMMUNICATION OF RISK

       House Sec.  123. No comparable Senate section.--Senate 
     recedes, with an amendment.


                   SEC. 3028. SAFETY ASSURANCE REVIEW

       Senate Sec.  2002. No comparable House section.--House 
     recedes.


           SEC. 3029. EMERGENCY RESPONSE TO NATURAL DISASTERS

       House Sec.  122, Senate Sec.  2040.--House and Senate agree 
     to an amendment.

                Title IV--River Basins and Coastal Areas


                   SEC. 4001. RIVER BASIN COMMISSIONS

       House Sec.  134, Senate Sec. 2063.--House recedes, with an 
     amendment.
       It is the intent of Section 4001 that the Secretary follow 
     through on the direction provided by Congress to find and 
     implement the means necessary to financially support the 
     Susquehanna, Delaware, and Potomac River Basin Commissions. 
     Congress has made clear its intent that the three River Basin 
     Commissions be supported and expects the Corps of Engineers 
     to act appropriately.


                      SEC. 4002. MISSISSIPPI RIVER

       Senate Sec.  2056, Sec.  2057, Sec.  5012, Sec.  5023. No 
     comparable House section.--House recedes, with an amendment.
       This section authorizes the Secretary to update forecasting 
     technology in the interest of maintaining navigation. This 
     section authorizes the Secretary to study the feasibility of 
     carrying out projects to improve navigation and aquatic 
     ecosystem restoration. This section authorizes the Secretary 
     to carry out a study to improve the coordinated and 
     comprehensive management of water resource projects related 
     to severe flooding and drought conditions. This section 
     authorizes the Secretary to carry out navigation projects 
     outside of the authorized federal navigation channel to 
     ensure safe and reliable fleeting areas.
       The Upper Mississippi River System (UMRS) is the only river 
     designated by the United States Congress as a ``nationally 
     significant ecosystem and a nationally significant commercial 
     navigation system.'' Congress declared its commitment to 
     modernize the infrastructure and improve its ecosystem with 
     authorization of the Navigation and Ecosystem Sustainability 
     Program (NESP) in WRDA 2007.This commitment is reinforced 
     with the prioritization list contained in the Inland Marine 
     Transportation System Capital Projects Business Model, parts 
     of which are authorized in this bill.
       The Managers recognize the interconnected nature of the 
     many systems that make up the greater Mississippi River Basin 
     and the need to better manage the Basin during times of 
     severe flooding and drought that threaten personal safety, 
     property, and navigation within the Basin. The study 
     authorized in subsection (c) should identify any federal 
     actions that are likely to prevent and mitigate the impacts 
     of severe flooding and drought, including changes to 
     authorized channel dimensions, operational procedures of 
     locks and dams, and reservoir management within the greater 
     Mississippi River Basin, consistent with the authorized 
     purposes of the water resource projects; identify and make 
     recommendations to remedy challenges to the Corps of 
     Engineers presented by severe flooding and drought, including 
     river access, in carrying out its mission to maintain safe, 
     reliable navigation, consistent with the authorized purposes 
     of the water resource projects in the greater Mississippi 
     River Basin; and identify and locate natural or other 
     physical impediments along the middle and lower Mississippi 
     River to maintaining navigation on the middle and lower 
     Mississippi River during periods of low water. In carrying 
     out the study, Managers encourage the Secretary to 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; use existing data to the maximum extent 
     practicable; and incorporate lessons learned and best 
     practices developed as a result of past severe flooding and 
     drought events, including major floods and the successful 
     effort to maintain navigation during the near historic low 
     water levels on the Mississippi River during the winter of 
     2012-2013.
       Subsection (d) provides the Secretary with authority to 
     carry out activities identified in the report required under 
     paragraph (2) to maintain safe and reliable navigation within 
     the authorized federal navigation channel on the Mississippi 
     River. The Managers intend for any project carried out under 
     this authority to be subject to applicable cost-sharing and 
     mitigation requirements.


                       SEC. 4003. MISSOURI RIVER

       House Sec.  119, Senate Sec.  3003, Sec.  3005, Sec.  5008, 
     Sec. 5009, Sec. 5015.--House recedes, with an amendment.
       It is the intent of the Managers that the Secretary of the 
     Army coordinate with the appropriate agencies to carry out 
     activities to improve and support management of the federal 
     water resources development projects in the Missouri River 
     basin. In carrying out this coordination the Secretary shall 
     consult with the appropriate federal, State, and tribal 
     agencies located in the area in which the water resources 
     project is located. It is the intent that the shoreline 
     erosion study be limited to those Upper Missouri River 
     mainstem reservoirs operated by the Corps of Engineers.

[[Page H4119]]

                       SEC. 4004. ARKANSAS RIVER

       Senate Sec.  5006. No comparable House section.--House 
     recedes.


                       SEC. 4005. COLUMBIA BASIN

       Senate Sec. 5005. No comparable House section.--House 
     recedes, with an amendment.


                         SEC. 4006. RIO GRANDE

       Senate Sec.  5004. No comparable House section.--House 
     recedes, with an amendment.


                 SEC. 4007. NORTHERN ROCKIES HEADWATERS

       Senate Sec.  5010. No comparable House section.--House 
     recedes, with an amendment.


                     SEC. 4008. RURAL WESTERN WATER

       Senate Sec.  5013. No comparable House section.--House 
     recedes, with an amendment.


                SEC. 4009. NORTH ATLANTIC COASTAL REGION

       Senate Sec.  5002. No comparable House section.--House 
     recedes, with an amendment.
       In carrying out the study authorized under this section, 
     the Managers urge the Secretary to look at a broad array of 
     aquatic ecosystem restoration opportunities and needs, and 
     identify those geographic areas and associated activities 
     that will have the greatest impact on restoration and 
     sustainability of the northeast coastal ecosystem. Issues 
     that the study may evaluate include:
       --an inventory and evaluation of coastal habitats
       --identification of aquatic resources in need of 
     improvement
       --identification and prioritization of potential aquatic 
     habitat restoration projects, and
       --identification of geographical and ecological areas of 
     concern, including finfish habitats, diadromous fisheries 
     migratory corridors, shellfish habitats, submerged aquatic 
     vegetation, wetland, and beach dune complexes and other 
     similar habitats.


                       SEC. 4010. CHESAPEAKE BAY

       Senate Sec. 5003, Sec. 5014. No comparable House section.--
     House recedes, with an amendment.
       For the purposes of the comprehensive plan authorized under 
     this section, the Managers direct the Corps to use the 
     Chesapeake Bay Comprehensive Water Resource and Restoration 
     Plan, which was initiated in Fiscal 2014.


                   SEC. 4011. LOUISIANA COASTAL AREA

       Senate Sec.  3018. No comparable House section.--House 
     recedes, with an amendment.
       The Managers recognize the importance of ensuring that 
     water resources projects do not cause incidental storm surge 
     damage to neighboring states and local municipalities. Where 
     incidental storm surge could occur, the Secretary is 
     encouraged to consult with any affected states and local 
     municipalities when developing a feasibility report under 
     this section.


                       SEC. 4012. RED RIVER BASIN

       Senate Sec.  3008. No comparable House section.--House 
     recedes, with an amendment.


                    SEC. 4013. TECHNICAL CORRECTIONS

       Senate Sec.  3002, Sec.  3007, Sec.  3012, Sec.  3013, 
     Sec.  3019. No comparable House section.--House and Senate 
     agree to an amendment.


                SEC. 4014. OCEAN AND COASTAL RESILLIENCY

       No comparable House or Senate section.

                Title V--Water Infrastructure Financing

       The Managers support robust investment in the construction, 
     repair, and replacement of the Nation's network of wastewater 
     infrastructure, as well as other measures to address ongoing 
     sources of pollution under the Clean Water Act. In the 
     conference report to accompany H.R. 3080, the Managers have 
     agreed both to the creation of a new Water Infrastructure 
     Finance and Innovation Act (WIFIA) as well improvements to 
     the existing Clean Water State Revolving Fund (Clean Water 
     SRF), authorized by Title VI of the Clean Water Act.
     Subtitle A and B
       During the consideration of H.R. 3080 and S. 601, the 
     Mangers received statements of support for both the creation 
     of a new WIFIA, as well as for reauthorization of the Clean 
     Water SRF. The Managers agreed to include several targeted 
     amendments to Title VI of the Clean Water Act (included in 
     sections 5001, 5002, 5003, 5004, 5005, 5011, 5012, and 5013 
     of the conference report) to address several recommendations 
     made by States and municipalities, and other stakeholders 
     that used the Clean Water SRF for financing water quality 
     improvements over the years. Many of these amendments have 
     been subject to numerous hearings and have passed either the 
     House of Representatives or the United States Senate in 
     various bills over the last decade. These amendments are 
     intended to increase the affordability of SRF financing to 
     local communities, to increase flexibility in the uses of the 
     Clean Water SRF to address local water quality concerns, and 
     to promote more cost-effective management of infrastructure 
     financed by SRF resources. The Managers also have agreed to 
     codify, within Title VI of the Clean Water Act, several 
     legislative provisions that have been carried forward through 
     annual appropriations bills, including provisions related to 
     the appropriate Clean Water SRF allocation for Indian tribes, 
     nationwide.
       By including these target amendments to the Clean Water SRF 
     in the conference report to accompany H.R. 3080, the Managers 
     intend to ensure that the Clean Water SRF remains a viable 
     option for local communities and States to address ongoing 
     local water quality concerns. After completion of the reports 
     called for under this Title, the Managers expect to revisit 
     the issue of financing wastewater infrastructure to address 
     any recommendations or challenges raised by these reports or 
     through implementation of the provisions authorized by this 
     Title.
     Subtitle A--State Water Pollution Control Revolving Funds


         SEC. 5001. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


               SEC. 5002. CAPITALIZATION GRANT AGREEMENTS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


        SEC. 5003. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


                        SEC. 5004. REQUIREMENTS

       Senate Sec. 10016. No comparable House section.--House and 
     Senate agree to an amendment.


              SEC. 5005. REPORT ON THE ALLOTMENT OF FUNDS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


                       SEC. 5006. EFFECTIVE DATE

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.

                     Subtitle B--General Provisions


                  SEC. 5011. WATERSHED PILOT PROJECTS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


                SEC. 5012. DEFINITION OF TREATMENT WORKS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


                 SEC. 5013. FUNDING FOR INDIAN PROGRAMS

       Senate Sec.  10002, Sec.  10007, Sec. 10011. No comparable 
     House section.--House and Senate agree to an amendment.


   SEC. 5014. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT 
                                PROGRAM

       House Sec.  117. No comparable Senate section.--Senate 
     recedes, with an amendment.

            Subtitle C--Innovative Financing Pilot Projects

       The Conference agreement maintains the Water Infrastructure 
     Finance and Innovation Act (WIFIA) included in S. 601. The 
     conference agreement includes targeted modifications to the 
     Senate-passed bill to ensure WIFIA does not duplicate efforts 
     undertaken by existing State Revolving Funds, to provide 
     dedicated funding for rural infrastructure projects, and to 
     provide additional flexibility to provide loans that are in 
     excess of 49 percent of a project's total cost.


                         SEC. 5021. SHORT TITLE

       Senate Sec.  10001. No comparable House section.--House 
     recedes, with an amendment.


                         SEC. 5022. DEFINITIONS

       Senate Sec.  10003. No comparable House section.--House 
     recedes, with an amendment.


               SEC. 5023. AUTHORITY TO PROVIDE ASSISTANCE

       Senate Sec.  10004. No comparable House section.--House 
     recedes, with an amendment.


                        SEC. 5024. APPLICATIONS

       Senate Sec. 10005. No comparable House section.--House 
     recedes, with an amendment.


                      SEC. 5025. ELIGIBLE ENTITIES

       Senate Sec.  10006. No comparable House section.--House 
     recedes, with an amendment.


              SEC. 5026. PROJECTS ELIGIBLE FOR ASSISTANCE

       Senate Sec.  10007. No comparable House section.--House 
     recedes, with an amendment.


             SEC. 5027. ACTIVITIES ELIGIBLE FOR ASSISTANCE

       Senate Sec.  10008. No comparable House section.--House 
     recedes, with an amendment.


     SEC. 5028. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION

       Senate Sec.  10009. No comparable House section.--House 
     recedes, with an amendment.


                        SEC. 5029. SECURED LOANS

       Senate Sec. 10010. No comparable House section.--House 
     recedes, with an amendment.


                   SEC. 5030. PROGRAM ADMINISTRATION

       Senate Sec. 10011. No comparable House section.--House 
     recedes, with an amendment.


              SEC. 5031. STATE, TRIBAL, AND LOCAL PERMITS

       Senate Sec.  10012. No comparable House section.--House 
     recedes, with an amendment.


                         SEC. 5032. REGULATIONS

       Senate Sec. 10013. No comparable House section.--House 
     recedes, with an amendment.


                           SEC. 5033. FUNDING

       Senate Sec.  10014. No comparable House section.--House 
     recedes, with an amendment.


           SEC. 5034. REPORTS ON PILOT PROGRAM IMPLEMENTATION

       Senate Sec.  10015. No comparable House section.--House 
     recedes, with an amendment.


                        SEC. 5035. REQUIREMENTS

       Senate Sec.  10016. No comparable House section.--House 
     recedes, with an amendment.

            Title VI--Deauthorization and Backlog Prevention


            SEC. 6001. DEAUTHORIZATION OF INACTIVE PROJECTS

       House Sec.  301, Senate Sec.  2049.--Senate recedes, with 
     an amendment.

[[Page H4120]]

       This section establishes a process that will lead to the 
     deauthorization of old, inactive projects the value of which 
     shall exceed the value of projects authorized in this Act by 
     $6 billion. This section requires the Secretary of the Army 
     submit a list of inactive projects to the Congress that were 
     authorized prior to the Water Resources Development Act of 
     2007, have not begun construction, or if they have begun 
     construction, have not received any funds, federal or non-
     federal, in the past 6 years. The Secretary shall identify 
     projects from the oldest authorization to the newest until 
     the total federal cost of the projects on the list totals not 
     less than $6 billion more than the value of the projects 
     authorized by this Act. After a 180 day period of 
     congressional review, the projects on the list are 
     deauthorized.
       This section is not intended to apply to project studies, 
     or any activities authorized in the Water Resources 
     Development Act of 2007 or those projects that have or are 
     undergoing a post-authorization study (as defined) in the 
     past 6 years.
       Traditionally, Water Resources Development Acts contained 
     lists of projects to be deauthorized. However, the Corps of 
     Engineers has seemingly lost track of inactive projects. 
     While the Managers applaud devoting scarce funds and human 
     resources to active projects, the Managers expect the Corps 
     of Engineers to be able to readily identify those projects 
     subject to this section.
       In addition, to avoid a similar situation in the future, 
     the Managers direct the Secretary to utilize existing 
     authorities, including the authorities authorized by section 
     2041 of the Water Resources Development Act of 2007 (121 
     Stat. 1100), to regularly maintain and update the status of 
     each water resources development project, study, or 
     modification that is authorized by the Congress, including 
     those projects, studies, and modifications that were 
     authorized prior to the date of enactment of this Act, but 
     that are not included in the final deauthorization list that 
     is submitted to Congress under 6001(d)(4). The Managers 
     expect that, upon completion of the deauthorization process 
     established under this section, the Secretary will have 
     identified each project, study, or modification that is 
     currently authorized to be carried out by the Corps of 
     Engineers. A single data base will be established that will 
     consolidate all of the required information. This information 
     will be accessible through Headquarters and will be updated 
     quarterly to ensure consistency and accuracy.


             SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS

       House Sec.  302. No comparable Senate section.--Senate 
     recedes, with an amendment.
       It is the intent of section 6002 that the Army Corps of 
     Engineers work directly with the General Services 
     Administration (GSA) to identify and coordinate the 
     identification and action on any physical asset that could be 
     potentially transferred or removed from government ownership.


                     SEC. 6003. BACKLOG PREVENTION

       House Sec.  303, Senate Sec.  2049.--Senate recedes, with 
     an amendment.


                      SEC. 6004. DEAUTHORIZATIONS

       House Sec.  304, Senate Sec.  3006, Sec.  3020, Sec.  
     3021.--House and Senate agree to an amendment.


                      SEC. 6005. LAND CONVEYANCES

       House Sec.  305, Senate Sec.  3010, Sec.  3014, Sec.  3016, 
     Sec.  5019, Sec.  12008.--House and Senate agree to an 
     amendment.

               Title VII--Water Resources Infrastructure


                  SEC. 7001. ANNUAL REPORT TO CONGRESS

       House Sec.  118, Senate Sec.  4001, Sec.  4002, Sec.  
     4003.--Senate recedes, with an amendment.
       This section requires the Secretary of the Army to annually 
     publish a notice in the Federal Register requesting proposals 
     from non-federal interests for project authorizations, 
     studies, and modifications to existing Corps of Engineers 
     projects. Further, it requires the Secretary to submit to 
     Congress and make publicly available an annual report of 
     those activities that are related to the missions of the 
     Corps of Engineers and require specific authorization by law. 
     Additionally, this section requires the Secretary to certify 
     the proposals included in the annual report meet the criteria 
     established by Congress in this section.
       The section requires that information be provided about 
     each proposal that is in the Annual Report submitted to the 
     Congress. This information is meant to help the Congress set 
     priorities regarding which potential studies, projects, and 
     modifications will receive authorizations. The Secretary is 
     expected to make use of information that is readily available 
     and is not expected to begin a detailed and time-consuming 
     analysis for additional information.
       This section contains a provision to require the Corps of 
     Engineers submit to Congress an appendix containing 
     descriptions of those projects requested by non-federal 
     interests that were not included in the Annual Report. The 
     activities to be included in the appendix provide an 
     additional layer of transparency that will allow Congress to 
     review all non-federal interest submittals to the Corps of 
     Engineers. This will allow Congress to receive a more 
     complete spectrum of potential project studies, 
     authorizations, and modifications. Activities described in 
     the appendix are not subject to authorization from Congress.


         SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES

       House Sec. 401, Senate Sec. 1002.--Senate recedes, with an 
     amendment.

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[[Page H4410]]

 SEC. 7003. AUTHORIZATION OF PROJECT MODIFICATIONS RECOMMENDED BY THE 
                               SECRETARY

       House Sec.  402, Senate Sec.  1003.--House and Senate agree 
     to an amendment.

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[[Page H4428]]

       SEC. 7004. EXPEDITED CONSIDERATION IN THE HOUSE AND SENATE

       Senate Sec.  1004. No comparable House section.--House 
     recedes, with an amendment.


                          ADVISORY OF EARMARKS

       ``H.R. 3080 does not contain any congressional earmarks, 
     limited tax benefits, or limited tariff benefits as defined 
     in clause 9 of rule XXI of the United States House of 
     Representatives.''
     Bill Shuster,
     John J. Duncan, Jr., of Tennessee,
     Frank A. LoBiondo,
     Sam Graves of Missouri,
     Shelley Moore Capito,
     Candice S. Miller of Michigan,
     Duncan Hunter,
     Larry Bucshon,
     Bob Gibbs,
     Richard L. Hanna,
     Daniel Webster of Florida,
     Tom Rice of South Carolina,
     Markwayne Mullin,
     Rodney Davis of Illinois,
     Nick J. Rahall II,
     Peter A. DeFazio,
     Corrine Brown of Florida,
     Eddie Bernice Johnson of Texas,
     Timothy H. Bishop of New York,
     Donna F. Edwards,
     John Garamendi,
     Janice Hahn,
     Lois Frankel of Florida,
     Cheri Bustos,
     From the Committee on Natural Resources, for consideration of 
     secs. 103, 115, 144, 146, and 220 of the House bill, and 
     secs. 2017, 2027, 2028, 2033, 2051, 3005, 5002, 5003, 5005, 
     5007, 5012, 5018, 5020, title XII, and sec. 13002 of the 
     Senate amendment, and modifications committed to conference:
     Doc Hastings of Washington,
     Rob Bishop of Utah,
     Grace F. Napolitano,
                                Managers on the Part of the House.

     Barbara Boxer,
     Thomas R. Carper,
     Benjamin L. Cardin,
     Sheldon Whitehouse,
     Bernard Sanders,
     David Vitter,
     James M. Inhofe,
     John Barrasso,
     Managers on the Part of the Senate.

                          ____________________