[Senate Report 113-13]
[From the U.S. Government Publishing Office]
Calendar No. 44
113th Congress Report
SENATE
1st Session 113-13
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WATER RESOURCES DEVELOPMENT ACT OF 2013
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April 22, 2013.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 601]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 601) to provide for the conservation and
development of water and related resources, to authorize the
Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and
for other purposes, having considered the same, reports
favorably thereon, with an amendment, and recommends that the
bill, as amended, do pass.
General Statement and Background
In 1986, a House-Senate Conference Committee produced a
Conference Report (H. Rpt. 99-1013), passed by the House and
Senate and signed into law on November 17, 1986, that was the
largest and most comprehensive authorization of projects and
programs for the Army Corps' Civil Works Program since the
Senate Public Works Committee was created in 1947. The Water
Resources Development Act of 1986 (WRDA) authorized numerous
projects and resolved longstanding disputes relating to cost
sharing, user fees, and environmental requirements.
Some of the major reforms included in the Water Resources
Development Act of 1986 and subsequent legislation are listed
below:
Cost-sharing formulas were established for harbor dredging
(section 101), inland navigation (section 102), flood control,
hydroelectric power, water supply, recreation, hurricane and
storm damage reduction, and aquatic plant control (section
103). Ecosystem Restoration was added to section 103 in 1996.
Project Cooperation Agreements were required for all such
projects. Projects for mitigation of fish and wildlife
resources were allowed to be carried out at up to 100 percent
Federal expense under section 906 and modifications of Army
Corps of Engineers (Corps) projects in the interest of
environmental quality were authorized to be carried out at 75
percent Federal expense under section 1135. The Water Resources
Development Act of 1996 extended harbor cost sharing formulas
to dredged material disposal facilities, increased the non-
Federal cost share for flood control, and established cost
sharing for environmental protection and restoration.
The Harbor Maintenance Trust Fund, capitalized by a new
Harbor Maintenance Tax, was established in the 1986 Act to pay
40 percent of the Federal cost of maintaining authorized deep
draft navigation channels (sections 210, 1402, and 1403). The
tax that supports the trust fund was subsequently increased and
authorized to provide for 100 percent of the cost under the
Revenue Reconciliation Act of 1990 and the Water Resources
Development Act of 1990.
These policy changes applied to projects contained in the
Water Resources Development Acts of 1988 (Public Law 100-676);
1990 (Public Law 101-640); 1992 (Public Law 102-580); 1996
(Public Law 104-303); 1999 (Public Law 106-53); 2000 (Public
Law 106-541); and 2007 (Public Law 110-114).
In approving the Water Resources Development Act of 2013,
the Committee is adhering to the principles for cost-sharing
and related policies established in the Water Resources
Development Act of 1986 (P.L. 99-662) and continued in the
civil works program of the Army Corps of Engineers.
This bill includes authorization for new projects for
navigation, flood and coastal storm damage reduction, and
ecosystem restoration which have undergone extensive review and
for which a completed report of the Chief of Engineers has been
submitted to Congress by the Assistant Secretary of the Army
for Civil Works. The legislation also creates a Commission to
identify existing projects for deauthorization.
The legislation contains important reforms to increase
flexibility for non-Federal sponsors of Corps projects and
accelerate project delivery. The legislation also addresses the
growing surplus of funds in the Harbor Maintenance Trust Fund
by ensuring all revenues will be spent for port maintenance
without impacting other important Corps of Engineers projects.
The legislation establishes a 5-year innovative project
financing pilot program to provide loans and loan guarantees
for important flood control, water supply, and wastewater
projects.
Objectives of the Legislation
The Water Resources Development Act of 2013 authorizes
water resources projects related to flood and storm risk
reduction, coastal and inland navigation, and ecosystem
restoration and reforms water resources policies of the U.S.
Army Corps of Engineers.
Section-by-Section Analysis
Section 1. Short title; Table of contents
Section 1 states that the Act may be cited as the ``Water
Resources Development Act of 2013'' and includes a Table of
Contents.
Sec. 2. Definition of Secretary
Section 2 defines the term ``Secretary'' for the purposes
of the Act as the Secretary of the Army.
TITLE I--WATER RESOURCES PROJECTS
Sec. 1001. Purposes
Section 1001 describes the purposes of Title I, which
include authorizing projects that have a completed report of
the Chief of Engineers, and have been recommended to Congress
for authorization by the Assistant Secretary of Army for Civil
Works and authorizing the Secretary to request an increase in
an authorization for an existing project after submitting a
report on the need for increased authorization to Congress.
Sec. 1002. Project authorizations
Section 1002 provides authority for the Secretary to carry
out projects for water resources development, conservation, and
other purposes substantially in accordance with the plans
recommended to Congress. Projects authorized for construction
under this section must have a completed report of the Chief of
Engineers that has been referred to Congress by the Assistant
Secretary of Army for Civil Works by the date of enactment of
this Act.
Sec. 1003. Project review
Section 1003 authorizes the Secretary to modify the cost of
an authorized project that is subject to the cost limitations
of section 902 of the Water Resources Development Act of 1986
(33 U.S.C. 2280). Modification to authorized project costs can
occur after the Secretary has submitted to Congress the
required certification and additional information required in
this section and the Congress has appropriated funds to
initiate or continue construction of the project in an
appropriations or other Act. This section allows for
modification of authorized costs of projects which have not yet
initiated construction and projects that are already under
construction. For projects under construction, the Secretary
must certify that a temporary stop or delay resulting from a
failure to increase the authorized cost of the project will
increase costs to the Federal government and the amount
requested for the project in the President's budget or a work
plan for expenditure of funds will exceed the authorized cost
of the project.
TITLE II--WATER RESOURCES POLICY REFORMS
Sec. 2001. Purposes
Section 2001 identifies the purposes of Title II including,
reforming the implementation of water resources projects by the
Corps of Engineers and making other technical changes to the
water resources policy of the Corps.
Sec. 2002. Safety assurance review
Section 2002 amends section 2035 of WRDA 2007 to clarify
that the panels established to conduct safety assurance reviews
are not subject to the Federal Advisory Committee Act.
Sec. 2003. Continuing authority programs
The Corps manages multiple ``Continuing Authority
Programs'', which allow for the planning and construction of
small projects without additional authorization from Congress.
These programs address flood control, navigation, and ecosystem
restoration needs. Currently, these programs have varying
authorization levels and per project limitations. Many of these
limits have not been updated in many years. Section 2003
increases the program authorization levels and raises the per
project limits to accommodate for increased project costs.
Section 2003 also clarifies the cost-share for projects
authorized in WRDA 2007 for the beneficial use of dredge
material.
Sec. 2004. Continuing authority program prioritization
Section 2004 is intended to provide additional transparency
in the implementation of the Corps' continuing authority
programs. Specifically, this section requires the Secretary to
publish in the Federal Register and on a publicly available
website the criteria used for prioritizing annual funding for
continuing authority program projects. The Secretary is also
required to publish an annual report on the status of each
continuing authority program, including the name and a short
description of each active continuing authority project, a cost
estimate to complete each project, and the funding available in
that fiscal year for each program. The Secretary must provide
the prioritization criteria and annual report to Congress.
Sec. 2005. Fish and wildlife mitigation
Section 2005 makes clarifying changes to section 906 of
WRDA 1986, as amended by WRDA 2007.
Subsection (a) amends paragraph ``(d)(1)'' to conform the
mitigation requirements contained in section 906 to the Corps'
policy guidance. Current Corps policy requires mitigation for
impacts to ecological resources, including both aquatic and
terrestrial resources.
The amendments to paragraph ``(d)(1)'' also clarify that
the determination of whether a proposed project will have
negligible adverse impacts on fish and wildlife is to be made
without consideration of proposed mitigation. Section 906 of
WRDA 1986 requires that any proposal for authorization of a
water resources project must contain either a specific plan to
mitigate fish and wildlife losses created by such project or a
determination that the project will have negligible adverse
impact on fish and wildlife. Section 906 does not require a
mitigation plan such that only non-negligible impacts remain.
Section 906 requires that every water resources project contain
either, ``(A) a recommendation with a specific plan to mitigate
fish and wildlife losses created by such project, or (B) a
determination by the Secretary that such project will have
negligible adverse impact on fish and wildlife.''
Subsection (a) amends Section 906 to require that a report
to Congress recommending a project for authorization include a
detailed justification any time the Secretary does not mitigate
to in-kind conditions. Currently, section 906 requires that
mitigation to in-kind conditions occur for bottomland hardwood
forests and requires that ``other habitat types are mitigated
to not less than in-kind conditions, to the extent possible''.
It should be presumed that mitigation to in-kind conditions is
possible for other habitat types unless clearly demonstrated
otherwise. Such a justification must be included in the report
recommending authorization of the project.
Subsection (a) also amends paragraph ``(d)(3)'' to clarify
that the requirement that mitigation plans for Corps projects
comply with mitigation requirements under the regulatory
programs administered by the Secretary is a minimum
requirement. This conforms to Corps policies to include a
broader analysis of ecological impacts, not only aquatic
impacts, in developing mitigation plans.
Subsection (a) modifies the requirement in clause
``(d)(3)(B)(iii)'' that the Secretary identify the land or
interest in land that will be acquired to implement the
mitigation plan. The amendments require that the Secretary
determine that the interest in land to be acquired does not
exceed the minimum interest in land necessary to meet
mitigation requirements. For example, the Secretary shall
consider if a permanent easement is sufficient to meet
mitigation requirements instead of fee title acquisition.
In addition, subsection (a) adds a new clause ``(iv)'',
which establishes alternate requirements for information that
must be provided when third party mitigation arrangements, such
as mitigation banks and in-lieu fee programs, will be used.
Subsection (a) adds a new subsection ``(h)'' authorizing
the Secretary to develop programmatic mitigation plans or use
qualified mitigation plans developed by other entities pursuant
to paragraph ``(3)''. Paragraph ``(2)'' requires that the
Secretary, to the maximum extent practicable, shall use
programmatic mitigation plans to guide the development of a
mitigation plan under subsection ``(d)'''. This provision is
intended to encourage mitigation for water resources projects
that results in broader ecosystem benefits and complements
other ongoing Federal, state, and local conservation and
restoration actions.
Paragraph ``(4)'' outlines the scope of programmatic
mitigation plans, which should be designed to mitigate current
or future impacts; be developed on a regional, ecosystem,
watershed, or statewide scale; encompass multiple environmental
resources within a specific area or focus on a specific
resource; and address impacts of multiple projects within the
defined area or impacting the specific resource.
Paragraph ``(5)'' requires that plans be developed in
consultation with state and Federal agencies with jurisdiction
over the resources being addressed. Paragraph ``(6)'' outlines
the contents of programmatic mitigation plans. Paragraph
``(7)'' requires public comment on plans developed by the
Secretary and non-Federal entities and requires the Secretary
to determine whether plans developed by non-Federal entities
meet the requirements of paragraphs ``(4)'' through ``(6)''.
Paragraph ``(8)'' encourages integration of programmatic
mitigation plans with other plans, including watershed,
ecosystem, species recovery, growth management, and land use
plans. Paragraph ``(9)'' authorizes other Federal agencies to
use programmatic mitigation plans developed under this
subsection in carrying out reviews of a water resources
project. Paragraph ``(10)'' clarifies that nothing in this
subsection limits the use of programmatic approaches to reviews
under the National Environmental Policy Act of 1969.
Subsection (a) adds a new subsection ``(i)'' which
clarifies that the Secretary may use third party mitigation
arrangements, such as mitigation banks and in-lieu fee
programs, to meet the mitigation requirements of this section.
Such mitigation can take place concurrent with or in advance of
funding for a project. At the request of a non-Federal
interest, preference may be given to use of these mitigation
arrangements.
Subsection (a) adds a new subsection ``(j)'' which gives
the Secretary the authority to use funds made available for
preconstruction engineering and design prior to project
authorization to acquire interests in land necessary for
meeting mitigation requirements.
Subsection (b) clarifies that the amendments made by
subsection (a) shall not apply to a project for which a
mitigation plan has not been completed as of the date of
enactment.
Subsection (c) authorizes the Secretary to provide
technical assistance to States and local governments to
establish third-party mitigation instruments to target
mitigation payments to high-priority ecosystem restoration
actions. Priority shall be given to States and local
governments with State, regional, or watershed-based plans
identifying priority restoration actions.
Sec. 2006. Mitigation status report
Section 2006 amends section 2036(b) of WRDA 2007. Section
2036 requires an annual report to the committees of
jurisdiction on the status of mitigation required for projects
of the Corps. The report is also to include information on the
required consultations among the Corps, Federal agencies, and
the States on the success of mitigation efforts.
The quality of information provided in the annual reports
has improved since the initial reports were provided in 2008
and 2009. In the initial reports, the Corps acknowledged that
``there are different methodologies utilized by Corps districts
to calculate percent of mitigation complete.'' Subsequent
reports have appeared to use a more consistent methodology. In
future reports, the Committee encourages the Corps to include a
more detailed explanation of the methodology used to evaluate
the percent of mitigation complete.
This section ensures that the Corps continues to use the
best practices in evaluating and reporting on its mitigation
activities. Specifically, this section requires the Corps to
use uniform methods for determining mitigation status that
include both qualitative and quantitative analysis. This
section also requires that the status report include the
specific dates and participants in consultation meetings
required under section 906(d)(4)(B) of WRDA 1986.
Sec. 2007. Independent peer review
Section 2007 amends section 2034 of WRDA 2007 to increase
transparency in the independent review process, and make
adjustments based on experience to date.
Subsection (a) adds a new paragraph to section 2034(b) to
increase public disclosure concerning the decision of the Chief
of Engineers to not conduct an independent review. Section 2034
requires independent reviews of certain types of project
studies. To date, the Corps has shown a tendency to have
independent review occur late in the study process for draft
feasibility reports.
Section 2034 allows the Chief of Engineers wide discretion
in when to conduct the review, but to avoid issues arising for
the first time at the end of the study process, Congress
included language calling for the Chief to make a determination
as to whether to conduct an independent review at three
specific times during the study. These times are: (1) when the
without-project conditions are identified (status quo); (2)
when the array of alternatives to be considered is identified
(i.e., what options will the Corps explore); and (3) when the
preferred alternative is identified (i.e., the likely
recommended project). The implementing guidance for section
2034 does not include these references. The result can be that
review comes too late in the process. The Committee intends
that by requiring public disclosure of the reasons for not
conducting a review at the three decision points required by
law, the decision to conduct or delay review until a time later
in the study process will be a deliberative one, rather than
one by default.
Subsection (b) is intended to increase transparency in the
process. Section 2034(c) currently requires the Chief of
Engineers to notify the committees of jurisdiction of an
upcoming review prior to initiating the review. The intent of
the requirement was to ensure that Congressional supporters of
the study under review were aware of the review, and that
information could be publicly disclosed. The amendment proposed
by subsection (b) reinforces the requirement that the
committees of jurisdiction be notified of upcoming reviews
being conducted under section 2034. In addition, the Chief of
Engineers would be required to make publicly available,
including on the Internet, information on the upcoming review.
Subsection (c) adds transparency requirements for review
documents after they are completed. The Corps currently does
not routinely make completed independent review documents
publicly available. Subsection (c) amends section 2034 to
require the completed reviews to be provided to the committees
of jurisdiction and the public, including on the Internet,
within seven days of the Chief of Engineers receiving the
report. Any responses to the review are subject to a three-day
availability requirement.
Sec. 2008. Operation and maintenance of navigation and hydroelectric
facilities
Section 2008 amends section 314 of the Water Resources
Development Act of 1990 (P.L. 101-640) (WRDA 1990) to designate
all activities performed by personnel under the direction of
the Secretary in connection with the operation and maintenance
of navigation projects or navigational infrastructure,
including floodgates, locks, and dams, at Corps water resources
projects, as inherently governmental functions. Section 2008
includes an ``Exclusion'' provision stating that the section
shall not apply to those navigation facilities that have been
or currently are under contract with a non-Federal interest to
provide operations and maintenance as of the date of enactment.
The Committee recognizes the importance of the nation's
12,000 miles of commercially navigable channels across the
United States to its economy, homeland security, and national
security. Any accident or incident at a lock or dam structure
on the nation's inland system could seriously jeopardize the
nation's economy or its ability to quickly respond to threats
to homeland or national security. This provision is intended to
preserve the operation of these vital transportation corridors.
Sec. 2009. Hydropower at Corps of Engineers facilities
In April 2012, the Oak Ridge National Laboratory of the
Department of Energy released a report finding that adding
hydroelectric power to the non-powered dams of the United
States has the potential to add more than 12 gigawatts of new
generating capacity. Of the 50 non-powered dams identified by
the Oak Ridge Lab as having the highest hydroelectric power
potential, 48 are Corps civil works projects.
Because of the findings of the Oak Ridge Report, the
Committee believes the Secretary should seek to maximize
opportunities to expand the implementation of non-Federal
hydropower at Corps facilities. This section directs the
Secretary to submit a report to Congress not later than one
year after enactment and annually thereafter that includes a
description of the activities carried out by the Secretary to
encourage the development of hydroelectric power at Corps civil
works projects and a list of new hydroelectric power activities
by non-Federal entities at Corps civil works projects.
Sec. 2010. Clarification of work-in-kind credit authority
Section 2010 makes a technical correction to that allows
the sharing of non-Federal credits across all projects included
under the ecosystem restoration program in Title VII of WRDA
2007. This section also clarifies that the costs of land,
easements, rights-of-way, relocations, and dredged material
disposal areas that are in excess of the non-Federal cost-share
for a project may be applied to another study, program, or
project.
Sec. 2011. Transfer of excess work-in-kind credit
Section 2011 authorizes the Corps to enter into agreements
with non-Federal sponsors to transfer credits in excess of the
non-Federal cost-share to other eligible projects. All credit
received or transferred under this subsection must comply with
the requirements of section 221 of the Flood Control Act of
1970 (P.L. 91-611), including the requirement to sign a written
agreement prior to proceeding with any construction work for
credit and the requirement that any work carried out be
determined to be integral to the project.
To be eligible to transfer credit under this section, a
non-Federal interest must submit a comprehensive plan to the
Secretary that identifies the studies and projects for which
the non-Federal interest intends to provide in-kind
contributions in excess of the cost-share and the studies and
projects to which credit would be applied. The Secretary must
approve any credit awarded pursuant to the requirements of
section 221 of the Flood Control Act of 1970, the Secretary
must then approve the transfer of any eligible credit, and the
total amount of credit applied cannot exceed the total non-
Federal share for all projects identified in the comprehensive
plan. This section establishes criteria for evaluating requests
to transfer credits. The authority provided in this section
terminates in ten years. The Secretary is directed to provide
to Congress interim and final reports on the use of this
authority.
Sec. 2012. Credit for in-kind contributions
Section 2012 amends section 221 of the Flood Control Act of
1970 (P.L. 91-611) (1970 Act) to clarify language that was
added to that section by WRDA 2007. Section 2003 of WRDA 2007
amended section 221 of the 1970 Act to provide general
authority to the Secretary to provide credit for work
undertaken by non-Federal interests without project-specific
legislative authority. In providing the credit, certain
conditions of eligibility would need to be met.
This amendment addresses issues with the implementation of
the amendments included in WRDA 2007. In addition, these
amendments clarify the process for approving credit under
section 221. However, these amendments do not modify any
requirement for a non-Federal interest to enter into a written
agreement with the Secretary prior to carrying out any work or
any requirement that the work carried out must ultimately be
determined to be integral to the project by the Secretary.
Subsection (a) amends section 221(a)(4).
Paragraph (1) clarifies that environmental infrastructure
projects and programs are subject to the crediting provisions
of section 221.
Paragraph (2) makes clear that planning activities are
eligible for credit under this section and that any design work
that is carried out for construction work that is to receive
credit pursuant to a written agreement under subparagraph (A)
is also eligible for credit.
Paragraph (5) clarifies that construction carried out by
the non-Federal interests pursuant to a written agreement shall
not count against the future without project condition for the
purposes of calculating the benefits and costs of the project.
This paragraph also allows that in-kind contributions that
exceed the non-Federal interest's cost-share for an authorized
separable element may be applied toward the non-Federal cost
share for a different authorized separable element. Paragraph
(5) also authorizes 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 for the authorized project under this section.
Paragraph (6) clarifies the relationship between the
amendments made to the general Section 221 crediting authority
included in WRDA 2007 and specific crediting provisions also
included in WRDA 2007. In the years prior to WRDA 2007, the
Committee received an increasing number of requests from non-
Federal interests for credit for work undertaken by the non-
Federal interest and associated with a Federal project. In the
absence of a general authority, the Committee was accommodating
these requests by individual provisions in WRDA bills.
To accommodate both the general provision being added to
section 221 and the project-specific provisions in the Act,
WRDA 2007 included language that allowed the project-specific
provision to apply rather than the general provision.
Subsequent implementation of amended section 221 by the Corps
has resulted in consequences contrary to the intent of the
amendment. For example, where the project language allows for
credit for work done prior to the date of enactment of the Act,
the Corps interpreted the current language in section 221 to
preclude credit for any work undertaken following the date of
enactment of WRDA 2007.
Paragraph (6) authorizes the Secretary to apply the
provisions of section 221 to eligible work carried out by a
non-Federal interest even if a specific provision of law allows
for credit for work undertaken prior to the execution of the
project partnership agreement. Moreover, if the non-Federal
interest seeks to conduct additional work beyond the scope of
the project specific credit language and with the intent of
receiving credit, the Secretary is to give credit to the non-
Federal sponsor using the general credit authority in section
221.
Subsection (b) clarifies that activities to correct design
deficiencies are eligible for credit.
Subsection (c) establishes the effective date of
subsections (a) and (b) as November 8, 2007.
Subsection (d) directs the Secretary to 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). This subsection
requires that at a minimum, the new or updated guidelines will
include the milestone for executing the memorandum of
understanding for construction by the non-federal interest;
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 criteria and
procedures for determining whether work carried out by a non-
Federal interest is integral to a project.
Subsection (e) clarifies that nothing in section 221 (a)(4)
as amended by this section affects any eligibility for credit
under section 104 of the Water Resources Development Act of
1986 (33 U.S.C. 2214) that was approved by the Secretary prior
to the date of enactment of this Act.
Sec. 2013. Credit in lieu of reimbursement
Section 2013 amends section 211(e)(2) of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13(e)(2)) to
authorize the Secretary to provide the non-Federal interest of
a flood damage reduction project credit in lieu of
reimbursement owed to the non-Federal interest for work carried
out prior to the date of enactment.
Sec. 2014. Dam optimization
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 outdated plans that do not
efficiently balance all needs of these reservoirs (e.g., flood
control, water supply, environmental restoration, and
recreation). Updating the operation plans for these dams and
reservoirs could have significant benefits for the environment
as well as the authorized project purposes. Section 2014
establishes a program to evaluate and update operation and
management of Corps facilities to more efficiently meet all
project needs.
Activities carried out under this program shall only be
those activities that the Secretary is otherwise authorized to
carry out under other laws, and any activity must be carried
out in compliance with other laws. Further, this section
clarifies that an activity carried out under this section does
not supersede or modify existing agreements, including
agreements for water supply at Corps facilities.
In carrying out activities 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.
The Committee directs the Secretary to consult with all
affected interests, including non-Federal entities responsible
for operations and maintenance costs of a Corps facility,
affected water rights holders, individuals and entities with
storage entitlements, and local agencies with flood control
responsibilities downstream of a Corps facility.
Sec. 2015. Water supply
The Water Supply Act of 1958 (WSA), 43 U.S.C. Sec. 390b,
provides that municipal and industrial water supply is the
``primary responsibilit[y] of the States and local interests,''
and that Congress must approve adding water supply storage
under the WSA if it would ``seriously affect'' a reservoir's
purposes or involve a ``major operational change.'' These terms
were not defined in the WSA.
Section 2015 clarifies the WSA in two ways. First, it
amends 43 U.S.C. Sec. 390b to require federal agencies to
consider new WSA allocations ``cumulatively'' with all previous
such allocations at the reservoir. This is intended to prevent
federal agencies from circumventing the intent of the WSA
through gradual allocations.
Second, it clarifies the WSA by adding a threshold when
congressional approval is required. Under Section 2015,
Congress would be required to authorize modification that
provides storage for municipal or industrial water supply at a
reservoir project that ``involve an allocation or reallocation
of storage that is equal to or exceeds 5 percent of the
conservation storage pool of the project.''
These limits do not constrain water supply uses otherwise
authorized through project-specific legislation.
Sec. 2016. Report on water storage pricing formulas
Ongoing droughts in many areas of the United States have
resulted in communities looking for ways to enhance their water
storage on Corps reservoirs to maintain reliable supplies of
water. As a result of this additional need for water supply,
water storage pricing formulas should be equitable between
users. Section 2016 directs the Comptroller General of the
United States to conduct an assessment of the water supply
pricing formulas of the Corps.
Sec. 2017. Clarification of previously authorized work
Section 2017 clarifies the Secretary's authority to carry
out measures to improve fish species habitat within the
footprint and downstream of a water resources project
constructed by the Secretary that includes a fish hatchery. The
Secretary must determine the project has been explicitly
authorized to compensate for fish losses associated with the
project and that the measures are feasible, consistent with
authorized project purposes and the fish hatchery, and in the
public interest.
Sec. 2018. Consideration of Federal land in feasibility studies
Section 2018 directs the Secretary, at the request of the
non-federal sponsor, to include in a feasibility analysis any
federal lands that fall in the geographic scope of a regional
or watershed study.
Sec. 2019. Planning assistance to States
The Planning Assistance to States program authorizes the
Corps to work with state and local governments on comprehensive
water resources planning activities and to provide technical
assistance for such efforts. The small but effective program
has been used widely across the country. Section 2019 would
increase the authorized size of the program, authorize the
Corps to accept contributed funds, modify the cost-share for
technical assistance, and clarify that the Corps can work with
States and other stakeholders on comprehensive efforts to
address water resources and environmental challenges.
Sec. 2020. Vegetation management policy
The Committee is concerned that initial proposals related
to the Corps' vegetation management policy failed to consider
stakeholder concerns, accommodate for regional variation, and
consider the latest scientific information on vegetation
impacts on levees. Section 2020 requires the Secretary to
undertake a comprehensive review of the Corps policy guidelines
on vegetation management for levees. The review is required to
seek public input and seek peer review through the National
Academy of Engineering. The Secretary is directed to consider
regional and watershed variances based on a variety of factors
including soil conditions, hydrology, environmental resources,
and levee performance history.
The Secretary must revise the vegetation management
guidelines not later than two years after the date of enactment
of this Act.
Sec. 2021. Levee certifications
Secion 2021(a) requires the Secretary to conduct certain
activities in implementing section 100226 of the Biggert-Waters
Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126
Stat. 942). Specifically, the Secretary shall--
1. ensure that at least 1 program activity carried
out under the inspection of completed works program of
the Corps provides adequate information to the
Secretary to reach a levee accreditation decision for
each requirement under section 65.10 of title 44, Code
of Federal Regulations (or successor regulation); and
2. to the maximum extent practicable, carry out
activities under the inspection of completed works
program of the Corps 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. 40117 et seq.).
Section 2021(b) authorizes the Secretary, on receipt of a
request from a non-Federal interest, to carry out a levee
system evaluation and certification of a federally authorized
levee for purposes of the national flood insurance program
established under chapter 1 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4011 et seq.) if the evaluation and
certification will be carried out earlier than such an
evaluation and certification would be carried out under
subsection (a). The cost share for activities carried out under
this subsection will be 65 percent federal: 35 percent non-
federal. The section does allow the Secretary to adjust the
non-Federal share of the cost of carrying out a levee system
evaluation and certification under this subsection in
accordance with section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)).
Sec. 2022. Restoration of flood and hurricane storm damage reduction
projects
Section 2022 directs the Secretary to carry out any measure
necessary to restore components of authorized and constructed
flood and hurricane storm damage reduction projects to the
authorized level of protection for reasons including
settlement, subsidence, sea-level rise, and new datum, if the
Secretary determines the necessary work is feasible.
The Committee is aware of the engineering challenges faced
by the Corps in flood-prone coastal zones and encourages the
Secretary to expeditiously address flood and hurricane storm
damage reduction projects susceptible to changing soil and
hydrologic factors that will result in the decertifying of
levees or flood protection systems under the National Flood
Insurance Program.
The Committee believes that necessary measures may include,
but are not limited to, increasing the height of a levee as a
viable engineering alternative for providing armoring in
certain locations.
Sec. 2023. Operation and maintenance of certain projects
Section 2023 authorizes the Secretary to assume operation
and maintenance of a navigation channel that is deepened by a
non-Federal interest prior to December 31, 2012 if the
Secretary determines that--the requirements of section 204(f)
of the Water Resources Development Act of 1986 (33 U.S.C.
2232(f)) have been met; the activities carried out by the non-
Federal interest in deepening the channel are economically
justified and environmentally acceptable; and the activities
were carried out on an authorized channel existing as of the
date of enactment.
Sec. 2024. Dredging study
Section 2024 directs the Secretary, in conjunction with
other relevant Federal agencies and applicable non-Federal
interests, to conduct a study of international and domestic
dredging technologies and management approaches to improve the
efficiency and effectiveness of dredging in the United States.
Specifically, the Secretary is directed to establish a
study team to assist in planning, carrying out, and reporting
on the results of the study. The teams would be appointed by
the Secretary to represent a broad spectrum of experts in the
field of dredging and representatives of relevant State
agencies and relevant non-Federal interests.
The Secretary is directed to submit a detailed report on
the results of the study to Congress and make publically
available, including on the Internet, all study findings under
this section.
Sec. 2025. Non-Federal project implementation pilot program
Section 2025 directs the Secretary to establish and
implement a pilot program to evaluate the cost-effectiveness
and project delivery efficiency of allowing non-Federal
interests to carry out flood risk management, hurricane and
storm damage reduction, and coastal harbor and channel and
inland harbor navigation projects.
In carrying out this section, the Secretary is directed to
identify not more than 12 projects that (1) have received
Federal funds prior to the date of enactment, (2) have more
than 2 consecutive years of unobligated funding balances in the
Corps construction account, and (3) are located in each of the
divisions of the Corps.
This section also directs the Secretary, in collaboration
with the non-Federal interest, to develop a detailed project
management plan and 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 separable element in accordance with plans approved
by the Secretary. Upon execution of the project partnership
agreement, the Secretary is directed to transfer the balance of
the unobligated amounts appropriated for the projects as well
as additional appropriated amounts made available. At the
request of the non-Federal interest, the Secretary may provide
technical assistance relating to any study, engineering
activity, and design activity for construction carried out by
the non-Federal interest under this section. Nothing in this
section affects the cost share requirements applicable on the
date of enactment of this act to a project carried out under
this section.
The Secretary is directed to submit a report to Congress
detailing the results of the pilot program carried out under
this section, including progress of the non-Federal interests
in meeting milestones in detailed project schedules and any
recommendations for national implementation of the program.
Sec. 2026. Non-Federal implementation of feasibility studies
Section 2026 directs the Secretary to establish and
implement a pilot program to evaluate the cost-effectiveness
and project delivery efficiency of allowing non-Federal
interests to carry out feasibility studies for flood risk
management, hurricane and storm damage reduction, ecosystem
restoration, and coastal harbor and channel and inland harbor
navigation.
This section authorizes the Secretary to enter into an
agreement with the non-Federal interest for the non-Federal
interest to provide full project management control of a
feasibility study. A non-Federal interest that has entered into
such an agreement to assume management of a feasibility study
may use non-Federal funds to carry out the study.
This section directs the Secretary to credit towards the
non-Federal share of the cost of construction of a project for
which a feasibility study is carried out under this section an
amount equal to the portion of the cost of developing the study
that would have been the responsibility of the Secretary, if
the study were to be carry out by the Secretary, subject to the
conditions that (1) non-Federal funds were used to carry out
the activities that would have been the responsibility of the
Secretary, (2) the Secretary determines that the feasibility
study complies with all applicable Federal laws and
regulations, and (3) the project is authorized by any provision
of Federal law enacted after the date on which a study
agreement is entered into.
This section authorizes the Secretary to transfer to the
non-Federal interest to carry out the feasibility the balance
of any unobligated amounts appropriated for the study, except
that the Secretary could retain sufficient amounts for the
Corps to carry out any responsibilities of the Corps relating
to the project and additional amounts, as determined by the
Secretary, from amounts made available from appropriations for
this authority.
Sec. 2027. Tribal Partnership Program
Section 2027 requires the Corps to issue guidance on cost-
sharing procedures for the Corps' Tribal Partnership Program.
This section also extends the program until 2023.
Sec. 2028. Cooperative agreements with Columbia River Basin Indian
tribes
Section 2028 authorizes the Secretary to enter into
cooperative agreements with one or more federally recognized
Indian tribes that are located in whole or in part within the
boundaries of the Columbia River basin to carry out authorized
activities within the Columbia River basin to protect fish,
wildlife, water quality and cultural resources.
Sec. 2029. Military munitions response actions at civil works shoreline
protection projects
This section authorizes the Secretary to implement response
activities at a site where the Secretary has carried out a
project under the Corps civil works authority that includes
placing sand on a beach and resulted in military munitions from
the Department of Defense being deposited on the beach, posing
a threat to human health or the environment.
Sec. 2030. Beach nourishment
Section 2030 modifies the Secretary's authority to provide
periodic beach nourishment for authorized projects by
authorizing the Secretary to review the feasibility of
extending periodic nourishment beyond the current 50-year limit
by a period of not to exceed 15 years.
Sec. 2031. Regional sediment management
Section 2031 amends Section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326), as amended by the
Water Resources Development Act of 2007 (P.L. 110-114), to
enhance the Corps' authority to engage in the regional planning
and implementation of water resources projects including
navigation, storm protection, and environmental restoration.
The Committee recognizes that the establishment and
implementation of Regional Sediment Management Plans in
cooperation with non-Federal interests can improve the
management of water resource projects and that greater
flexibility in developing and carrying out these plans can
further improve outcomes.
This section enhances the authority of Federal and non-
Federal agencies to cooperatively plan and implement the
management of such water resource projects across levels of
government, between various agencies, and across the business
lines of the Army Corps. This section provides additional
flexibility for the ongoing regional planning and management of
these projects to improve the Corps' civil works program,
decrease long-term projects costs, conserve sediment, and
promote the beneficial use of sediment either obtained from or
used in Federal projects.
Paragraph (1) enhances the Secretary's authority to
transport and place dredged material for the purpose of
carrying out projects at locations identified in regional
sediment management plans. It expands this authority to include
any Federal project for which sediment is either obtained or
deposited. This paragraph also adds several purposes for
sediment use related to improving environmental conditions in
marshes, littoral systems, stream channels, coasts, and in
support of State and local risk management adaptation
strategies.
Paragraph (2) authorizes the Secretary to adjust the non-
Federal share of the costs of construction of a specific
project. If the selection of placement of sediment that is not
the least-cost option results in a reduction or avoidance of
Federal costs for any other project, the Secretary may adjust
the required non-Federal shares to reflect this Federal cost
savings.
Paragraph (3) authorizes the Secretary to consider benefits
related to flood and storm damage reduction when considering
whether the incremental costs of the proposed disposal method
are reasonable compared to the least cost option.
Paragraph (4) authorizes the Secretary to cooperate with
groups of States in the preparation of sediment management
plans and allows for plans that involve multiple States.
Sec. 2032. Study acceleration
Section 2032 codifies the administrative process
established by the Corps for completing feasibility studies,
known as ``3-3-3''. The three elements of this process are that
feasibility studies will be completed in less than three years;
studies will have a maximum Federal share of $3 million; and
integrated reviews will take place at all three levels of the
Corps (District, Division, Headquarters).
This section allows for certain exceptions to the
requirement that studies be completed in three years for less
than $3 million in Federal share. These include:
a determination at the beginning of the study
that the study will be too complex to meet the
requirements;
study conditions have changed such that the
required timelines and costs cannot be met;
sufficient appropriations have not been
provided to meet the required timelines and costs.
If any of these exceptions are met, the Secretary must
notify the non-Federal sponsor. In addition, the Secretary must
establish a revised timeline for completion of the feasibility
study.
This section requires an annual report to Congress on the
implementation of the ``3-3-3'' planning process.
Sec. 2033. Project acceleration
Section 2033 amends Section 2045 of the Water Resources
Development Act of 2007 (33 U.S.C. 2348), which requires a
coordinated review process for feasibility studies requiring an
Environmental Impact Statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et. seq.) (NEPA), including
deadlines for completing reviews and approvals of water
resources projects and reporting to Congress regarding missed
deadlines. The amendments contained in this section establish
additional project acceleration measures. New or modified
elements are described below.
Definitions
Subsection (a), as amended, defines terms used in this
section including the new term ``environmental review
process'', which includes the process of preparing documents
under NEPA and the completion of any environmental permit,
approval, review, or study required under any Federal law. The
coordinated review procedures in Section 2045 of WRDA 2007 also
included all reviews, analyses, opinions, permits, licenses,
and approvals required of a Federal, State, or local government
agency or Tribe.
Applicability
Subsection (c) clarifies that the project development
procedures under this section apply to projects initiated after
the enactment of this Act.
State and local participation
Subsection (g), as amended, clarifies the role of non-
Federal interests and state and local agencies by allowing
these entities to serve as joint lead agencies in the
environmental review process. This subsection also states that
a joint lead agency can prepare documents required for any
action or approval of the Secretary if the Corps provides
guidance in the preparation of the document, independently
evaluates the document, and approves and adopts the document.
This authority applies to those documents that the Secretary
would prepare for a project under existing law. A document
prepared in accordance with this subsection may be used by any
Federal agency to the same extent the agency could use the
document if it were prepared by another Federal agency.
The Secretary must ensure that the non-Federal interest
complies with all design and mitigation commitments included in
jointly prepared documents.
Participating agencies
Subsection (h) outlines the role for participating
agencies, which include any other Federal or non-Federal
agencies that may have an interest in the project, and requires
the Corps to identify and invite these agencies to participate
in the environmental review process as early as practicable.
This subsection also requires each participating agency to
carry out reviews for which it is responsible concurrently and
in conjunction with the required environmental review process
for the water resources project.
Programmatic compliance
Subsection (i) requires the Secretary to issue guidance on
programmatic approaches to environmental review, which
eliminates repetitive discussions, focuses on issues ripe for
discussion, and establishes a formal process for coordinating
with participating agencies.
Coordinated reviews
Subsection (j) establishes additional procedures for
coordinated review of water resources projects, including
requiring the Corps to establish a plan for coordinating public
and agency participation in the environmental review process,
which must also be incorporated into project milestones
required under section 905(g)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(g)(2)). The intent of
this subsection is to involve relevant agencies in the
decision-making process to identify issues for consideration as
early as possible so as to avoid delays later in the process.
This subsection requires 60 day public and agency comment
periods on draft Environmental Impact Statements and 30 day
comment periods on other documents prepared by the lead agency.
The Corps may extend the deadline for good cause or establish a
different deadline with the concurrence of the non-Federal
interest and all participating agencies.
Subjection (j) modifies the WRDA 2007 requirements for
Congressional reporting related to missed deadlines by another
Federal, State, or local agency, by increasing the frequency of
the reporting and requiring additional information.
Nothing in this subsection shall reduce any time period
provided for public comment under existing Federal law
(including regulations).
Issue identification and resolution
Subsection (k) requires the Corps to make information
available to participating agencies as early as practicable in
the environmental review process and requires participating
agencies to identify issues of concern as early as practicable.
As in subsection (c) of Section 2045 of WRDA 2007, the
Secretary may convene all relevant agencies and the non-Federal
interest to set deadlines for completion of the environmental
review. Subsection (k) provides additional requirements related
to setting deadlines, including that the Secretary should
convene the agencies not later than 30 days after the close of
the public comment period on a draft Environmental Impact
Statement and that the Secretary, in setting deadlines, must
consult with all relevant agencies and consider a number of
factors, such as available financial resources, the size and
complexity of the project, and the sensitivity of natural and
historical resources that could be impacted.
The Secretary, a non-Federal sponsor, or a participating
agency may initiate an issue resolution process to resolve
issues that could delay completion of the environmental review
process or result in denial of any approvals for the project.
If initiated, the Secretary has 21 days to schedule an
issue resolution meeting. If the issue isn't resolved within 30
days of the initial meeting, the Secretary notifies the other
agencies that the issue will be elevated and must hold an issue
resolution meeting involving the heads of all applicable
agencies not later than 30 days after the notification. If the
issue is not resolved within 30 days of holding the second
issue resolution meeting, the Secretary must refer the issue to
the Council on Environmental Quality (CEQ). CEQ must schedule
an issue resolution meeting with all affected agencies not
later than 30 days after receiving a referral. If an issue is
not resolved within 30 days of the issue resolution meeting
hosted by CEQ, the matter must be referred to the President for
resolution.
The process is not initiated if the agency that missed a
deadline certifies it does not have information necessary;
significant new information has arisen; or the agency lacks
financial resources to complete the review within the
timelines; and the agency establishes a new deadline for
completion of the review. If an agency certifies it does not
have sufficient financial resources, the Inspector General of
that agency must conduct an audit of the certification and
report to Congress within 90 days.
If agencies' reviews under all laws are not complete by the
later of 180 days after the later of the completion of the
Record of Decision under the National Environmental Policy Act
or 180 days after all necessary requests for approval have been
made, $20,000 (for projects requiring an environmental impact
statement or environmental assessment) and $10,000 (for
projects requiring any other type of review) must be
transferred from the head of the agency to the division of the
agency responsible for carrying out the review in order to
ensure sufficient resources are available to complete the
review.
The transfer is not initiated if the agency that missed the
deadline certifies it does not have information necessary;
significant new information has arisen; or the agency lacks
financial resources to complete the review within the
timelines. If an agency certifies it does not have sufficient
financial resources, the Inspector General of that agency must
conduct an audit of the certification and report to Congress
within 90 days.
The amount of transfers are limited to 1 percent of the
funds available to the applicable agency office per project and
5 percent total per fiscal year.
Performance measurement
Subsection (l) requires the Secretary to establish a
program to measure and report on progress made toward
expediting the planning and environmental review process.
Memorandum of agreements for early coordination
Subsection (m) requires the Corps to enter into a
memorandum of agreement with the Non-Federal interest, State
and local governments, and other appropriate entities to carry
out early coordination activities, including providing
technical assistance.
Limitations
Subsection (n) clarifies that the requirements of all other
laws continue to apply to a water resources project.
Specifically, nothing in this section preempts, supersedes,
amends, modifies, or interferes with--any statutory requirement
for seeking public comment; any power, jurisdiction, or
authority that a Federal, State, or local government agency,
Indian tribe, or non-Federal interest has with respect to a
project; any obligation to comply with the National
Environmental Policy Act and associated regulations; the
reviewability of any final Federal agency action in a Federal
or state court; any practice of seeking, considering or
responding to public comment; any other provision of law
applicable to water resources development projects.
Categorical exclusions
Subsection (o) requires the Secretary to undertake a review
of existing categorical exclusions under the National
Environmental Policy Act and if new categorical exclusions are
identified, to initiate a rulemaking to propose these new
categorical exclusions.
Oversight
Subsection (n) requires GAO and Inspector General oversight
of the implementation of the provisions of this section.
Sec. 2034. Feasibility studies
Section 2034 amends section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) to require the
Secretary to issue a set of milestones that must be met for all
feasibility studies. Each District Engineer must establish a
detailed project schedule using the milestones developed by the
Secretary for all new feasibility studies as well as
feasibility studies that have received funding since October 1,
2009. The District Engineer must submit the schedule to the
non-Federal interest for the study. If a deadline in the
schedule is missed, the District Engineer must submit a report
to the non-Federal interest on why the deadline was missed
along with a revised project schedule. These reports must also
be made publically available. The Secretary must provide an
annual report to Congress listing all detailed project
schedules and an explanation of any missed deadlines.
Sec. 2035. Accounting and administrative expenses
Section 2035 directs, at the request of a non-Federal
interest, the Secretary to provide to the non-Federal interest
a detailed accounting of the Federal expenses associated with a
water resources project.
This section further requires the Secretary to contract
with the National Academy of Public Administration to conduct a
study on the efficiency of the Corps current staff salaries and
administrative expense procedures as compared to using a
separate administrative expense account. This study must
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 project delivery.
Sec. 2036. Determination of project completion
Section 2036 directs the Secretary to transfer to the non-
Federal interest the responsibility for the operation and
maintenance of any water resources project for which operation
and maintenance is required of the non-Federal interest or
separable element or functional portion of that water resources
project on such date that the Secretary determines that the
project is complete.
This section would also establish a process for the non-
Federal interest of a project to appeal a Secretarial decision
that the project is complete and subject to transfer. On
notification that a non-Federal interest has submitted an
appeal of a completion determination, the Secretary would
contract with 1 or more independent, non-Federal experts to
determine whether the applicable water resources project or
separable element or functional portion of the water resources
project is complete.
Sec. 2037. Project partnership agreements
The Corps and the non-Federal interest for a water
resources projects are required to enter into a Project
Partnership Agreement that governs the roles and
responsibilities of each party as it pertains to carrying out
the water resources project. Further, the agreements require
the non-Federal interest to assume costs associated with
liability, operations, maintenance, repair, rehabilitation and
replacement of the projects for the entire life of the
projects.
The Committee is concerned that the current process for
preparing, negotiating, and approving Project Partnership
Agreements is inefficient, and believes that these agreements
could be streamlined and restructured to provide an increased
role for non-Federal interests in decision-making for water
resources projects.
Section 2037 directs the Secretary to contract with the
National Academy of Public Administration to evaluate the
current Project Partnership Agreement process and make
recommendations to make the process more efficient.
Sec. 2038. Interagency and international support authority
Section 2038 amends section 234 of the Water Resources
Development Act of 1996 (33 U.S.C. 2323a). This authority
addresses interagency and international support, and enables
the Corps to participate with Federal or international
organizations and foreign governments to address problems of
national significance related to water resources,
infrastructure development, and environmental protection.
Actions pursuant to this authority have been valuable in
bringing the expertise of the Corps to projects addressing
freshwater management issues in a variety of circumstances.
The amendment would further enhance this authority by
enabling the Corps to partner with and accept funds from the
non-Corps elements of the Department of Defense and to partner
with organizations providing water resources management
assistance. The amendment would also ensure that any use of
this authority in conjunction with international organizations
or foreign governments would be only with the concurrence of
the Department of State.
Sec. 2039. Acceptance of contributed funds to increase lock operations
In October, 2012, the Corps began implementing an
initiative to reduce lock hours of operations. This began with
implementation on low commercial use river systems. By April,
2013, the Corps will have achieved full implementation of the
new program. The changes in the levels of service at each lock
are being implemented as a result of the Corps' nationwide
effort to reduce costs by standardizing lock service levels
based on actual usage while still providing efficient support
to the navigation community and other waterway users. The new
lock hours of operation are based on historic usage.
The Committee supports efforts to reduce costs. However,
the Committee believes that adequate public consultation should
be undertaken prior to modifying lock operations. Therefore,
Sec. 2039 requires the Secretary to publish a proposed
modification in the Federal Register and accept public comment,
not later than 180 days before a modification will go into
effect. This section also requires the Secretary to submit a
report to the Committees of jurisdiction within one year that
evaluates the cost-savings resulting from reduced lock hours
and any economic impacts of modifying lock operations.
The Committee is encouraged that the Corps has given local
communities assurances that, within their current statutory
authority, they will be sensitive to related impacts on local
economies. The Committee expects that the Corps will consider
economic incentives unrelated to commercial barge traffic when
presented with requests by local communities for specific and
unique activities requiring locks to be operated outside of
established levels of service.
This section also provides authority for the Corps to
accept funds from non-Federal interests to extend lock
operations. This authority is intended to allow additional lock
operation beyond the times the Corps has determined is
justified. However, the acceptance of funds shall in no way
affect the review of lock operations and any decisions on lock
hours of operation. These decisions shall remain based solely
on commercial traffic.
Sec. 2040. Emergency response to natural disasters
Section 2040 makes a technical modification to the Corps'
authority for post-disaster rehabilitation contained in 33
U.S.C. 701n, commonly known as the PL84-99 program, to give the
Corps the authority to repair hurricane or shore protection
projects to the design level of protection. Currently, the
Corps has authority to rehabilitate an eligible shore
protection structure if damaged by wind, water or wave action.
Following such damage, the structure would be restored to its
pre-disaster status. The amendments made by this section
clarify that the Corps can rebuild a project to the design
condition, not the pre-disaster condition. This will ensure
funds are not spent to rebuild projects that provide inadequate
protection.
Sec. 2041. Systemwide improvement frameworks
Section 2041 provides that a levee system shall remain
eligible for rehabilitation assistance under the PL 84-99
program (33 U.S.C. 701n) as long as the levee sponsor continues
to make satisfactory progress under a system-wide improvement
framework in accordance with the memorandum issued on November
29, 2011, entitled ``Policy for Development and Implementation
of System-Wide Improvement Frameworks (SWIFs)''. This flexible
process allows local levee sponsors to address levee
deficiencies or issues that cannot be corrected through normal
corrective actions. This section will allow levee systems that
would otherwise be ineligible for PL 84-99 assistance to remain
eligible while they address deficiencies through the SWIF
process.
Sec. 2042. Funding to process permits
Section 2042 amends section 214(a) of the Water Resources
Development Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594)
to permanently extend the program. Section 214 allows the Corps
to receive funds from non-Federal entities to support
additional staff to process permits. This section also includes
additional transparency provisions, including an annual report
to Congress, and safeguards to ensure that a consistent
approach is taken in implementing this program across the
nation.
Sec. 2043. National riverbank stabilization and erosion prevention
study and pilot program
Section 2043 would authorize the Secretary to study and
implement a national pilot program for riverbank stabilization
and erosion prevention pilot to address river bank erosion
along inland and intracoastal waterways described in section
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C.
1804).
This section directs the Secretary, in consultation with
appropriate Federal, State, local, and nongovernmental
entities, to carry out a study of the options and technologies
available to prevent the erosion and degradation of riverbanks
along inland and intracoastal waterways. In addition to the
study, this section directs the Secretary develop a pilot
program for the construction of riverbank stabilization and
erosion prevention projects on public land along inland and
intracoastal waterways if the Secretary determines that the
projects are feasible and lower maintenance costs of those
inland and intracoastal waterways.
The Committee recognizes the importance of navigation on
inland and intracoastal waterways, but believes the Corps has a
responsibility to maintain and stabilize the riverbanks of
Corps-constructed navigation channels to prevent the continued
loss of wetlands and public lands. The Committee encourages the
Corps to utilize innovative technologies to abate or reverse
the effects of erosion.
Sec. 2044. Hurricane and storm damage risk reduction prioritization
Section 2044 directs the Secretary to prioritize ongoing
hurricane and storm damage reduction feasibility studies that
address an imminent threat to life and property, prevent storm
surge from inundating populated areas, prevent adverse impacts
to publicly owned or funded infrastructure and assets, and
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).
This section also provides prioritization of new studies
for hurricane and storm damage reduction that have been
recommended in a comprehensive hurricane protection study
carried out by the Corps or are included in a State plan or
program for hurricane and storm damage reduction in areas for
which the President declared a major disaster in accordance
with section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
Sec. 2045. Prioritization of ecosystem restoration efforts
Section 2045 directs the Secretary to prioritize funding
for ecosystem restoration projects based on benefits for public
health and safety, preservation of habitats of national
significance, or preservation of habitats of importance for
Federally protected species. In addition, prioritization must
be given to restoration activities that contribute to other
ongoing or planned Federal, State, or local restoration
initiatives.
Sec. 2046. Special use permits
Section 2046 authorizes the Secretary to issue special
permits for activities at Corps recreation facilities and to
recoup fees for administering the permits and carrying out
related operation and maintenance activities.
In addition, this section expands the Corps' ability to
partner with other Federal, State, or local agencies and non-
governmental entities to leverage funding and in-kind resources
that contribute to the maintenance of Corps recreation
facilities. The expanded ability to exchange services and
partner with these agencies will help to reduce Federal
expenditures and increase management efficiencies.
Sec. 2047. Operations and maintenance on fuel taxed inland waterways
Section 2047 establishes cost share requirements for
operation and maintenance of structures associated with
authorized hurricane and storm damage reduction projects that
bisect an inland or intracoastal waterway described in section
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C.
1804).
Sec. 2048. Corrosion prevention
Section 2048 directs the Secretary to develop guidance and
procedures for the certification of qualified contractors for
application of protective coatings and the removal of hazardous
coatings. The section also requires the Secretary to use only
certified contractors for application of protective coatings
for complex works and structures subject to immersion and for
the removal of hazardous coatings or materials that are in
great enough concentrations to create an occupational or
environmental hazard. The Secretary may approve exceptions to
this requirement but must provide for public notice and comment
on the proposed exception.
Sec. 2049. Project deauthorizations
Section 2049 requires the Corps to provide Congress with a
complete list of all uncompleted, authorized projects and
reforms the existing five-year deauthorization process by
requiring a notice to non-federal sponsors prior to
deauthorization and an annual report to Congress on the amount
of funding each authorized project has received. Currently, the
law automatically deauthorizes all projects that have not
received funding over a five fiscal year period. The additional
reporting requirements ensure transparency in how the Corps is
funding projects and which projects are automatically
deauthorized.
This section also creates a Commission to identify projects
for deauthorization. The Commission will hold public hearings
and solicit comments from the Corps, States, and the public
prior to making final recommendations to Congress. Congress
will have 180 days to disapprove of the deauthorizations
proposed by the Commission.
Sec. 2050. Reports to Congress
Section 2050 directs the Secretary to provide specific
reports to Congress under this act. Failure to provide a report
to Congress by the mandated deadline would trigger a schedule
of penalties to the General Expenses account of the civil works
program for the Army Corps.
Those penalties and subsequent penalties shall be
reprogrammed into the account of the division of the Army Corps
with responsibility for completing that report until such
report is transmitted to Congress.
The Committee believes the Army Corps should be accountable
to the mandated reports set forth in this Act and it is the
Committee's desire to have those reports by their prescribed
deadline.
Sec. 2051. Indian Self-Determination and Education Assistance Act
conforming amendment
Section 2051 clarifies and affirms that allowable costs for
tribal water projects constructed under Indian Self-
Determination Act (ISDA) contracts or cooperative agreements
include debt financing instruments. This language codifies a
2005 Interior Bureau of Indian Appeals ruling (Three Affiliated
Tribes of the Fort Berthold Reservation v. Great Plains
Regional Dir., Bureau of Reclamation, IBIA 05-07-A, at 25-31
(Dec. 22, 2005)) and is consistent with current Department of
Interior policy.
Sec. 2052. Invasive species review
Section 2052 requires the Corps, in consultation with the
U.S. Fish and Wildlife Service, Tennessee Valley Authority
(TVA), and other applicable federal entities to review the
existing federal authorities related to invasive species, such
as invasive weeds and snails, that have an impact on water
resources, and to make specific recommendations for responding
more effectively to the threats posted by invasive species.
Sec. 2053. Wetlands conservation study
Section 2053 requires the General Accountability Office
(GAO) to evaluate federal programs related to wetlands
conservation and to identify options for maximizing wetlands
conservation benefits while reducing redundancies, increasing
efficiencies, and reducing costs.
Sec. 2054. Dam repair study
Section 2054 requires the General Accountability Office
(GAO) to evaluate how the Corps classifies costs of dam repair
projects at certain dams and to report to Congress on the same.
TITLE III--PROJECT MODIFICATIONS
Sec. 3001. Purpose
Sec. 3001 describes the purpose of this Title, which
includes modifications of projects that do not increase the
authorized cost of the project.
Sec. 3002. Chatfield Reservoir, Colorado
Section 3002 modifies section 116 of the Energy and Water
Development and Related Agencies Appropriations Act, 2009 (123
Stat. 608) by striking ``Colorado Department of Natural
Resources is authorized'' and inserting ``Colorado Department
of Natural Resources, or its assignee, is authorized''.
Sec. 3003. Missouri River Recovery Implementation Committee expenses
reimbursement
Section 3003 authorizes reimbursement for individuals'
travel expenses associated with participation in the Missouri
River Recovery Implementation Committee established in Section
5018(b) of the WRDA 2007 (121 Stat. 1200).
Sec. 3004. Hurricane and storm damage reduction study
Section 3004 clarifies that the study for flood and storm
damage reduction authorized in Public Law 113-2 shall include
specific project recommendations. This study of areas affected
by Superstorm Sandy is intended to identify projects that will
reduce risks and should provide Congress with specific
recommendations of projects for authorization.
Sec. 3005. Lower Yellowstone Project, Montana
Section 3005 modifies Section 3109 of WRDA 2007 (121 Stat.
1135) to clarify that the Secretary shall consult with other
Federal agencies, conservation districts, the Yellowstone River
Conservation District Council, and the State of Montana in
carrying out the project.
Sec. 3006. Project deauthorizations
Section 3006 deauthorizes obsolete Federal navigation
channels or portions thereof.
Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey
Section 3007 removes a prohibition in the Energy and Water
Development Appropriations Act of 1998 (P.L. 105-62, 111 Stat.
1327) which limited the ability of the Corps to implement the
project for flood control, Green Brook Sub-Basin, Raritan River
Basin, New Jersey, authorized by 401(a) of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4119).
Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana
Section 3008 authorizes the Secretary to reassign unused
irrigation storage within the Red River Basin to municipal and
industrial water supply if the non-federal interest has already
contracted for a share of municipal and industrial water supply
on the same reservoir.
Sec. 3009. Point Judith Harbor of Refuge, Rhode Island
Section 3009 modifies the River and Harbor Act of 1890 (26
Stat. 426, chapter 907) which was modified by the River and
Harbor Act of 1910 (36 Stat., 632 chapter 382) to add shore
protection and erosion control as additional project purposes.
TITLE IV--WATER RESOURCE STUDIES
Sec. 4001. Purpose
Sec. 4001 describes the purposes of Title IV, which include
providing authority to initiate new studies of water resource
issues.
Sec. 4002. Initiation of new water resources studies
Section 4002 establishes a process for initiating new
studies, at the request of a non-Federal interest, related to
flood risk and storm damage reduction, navigation, and
ecosystem restoration. To initiate a new study, the Corps must
submit a request to Congress certifying that the project is
likely to have a Federal interest, addresses a high-priority
water resources issue, and can be carried out in three years
for a maximum federal cost of $3 million. The Corps may proceed
with the study when Congress appropriates funding for the
project requested.
Sec. 4003. Applicability
Section 4003 clarifies that nothing in this title
authorizes the construction of a new project. Additional
Congressional authority is needed to initiate construction of a
project for which a study was conducted under this title.
TITLE V--REGIONAL AND NON-PROJECT PROVISIONS
Sec. 5001. Purpose
Section 5001 describes the purposes of this title, which
includes authorization of regional and multistate initiatives
to address water resource needs and other non-project
provisions.
Sec. 5002. Northeast Coastal Region ecosystem restoration
Section 5002 directs the Secretary to plan, design, and
construct projects for aquatic ecosystem restoration within the
coastal waters of the Northeastern United States from Virginia
to Maine, including associated bays, estuaries, and critical
riverine areas. The Secretary, in coordination with the
Administrator of EPA, the heads of other appropriate Federal
agencies, the Governors of the coastal States from Virginia to
Maine, nonprofit organizations, and other interested parties,
shall develop a general coastal management plan for aquatic
ecosystem restoration within the coastal waters of the
Northeastern United States. The Secretary is authorized to
carry out aquatic ecosystem restoration projects pursuant to
the general coastal management plan. Subsection (d) authorizes
an annual appropriation of $25,000,000 to carry out this
section, including the completion of the general coastal
management plan. Not more than $10,000,000 in Federal funds may
be allocated under this section for any single eligible
project.
Sec. 5003. Chesapeake Bay Environmental Restoration and Protection
Program
Sec. 5003 reauthorizes the Chesapeake Bay Environmental
Restoration Program, which was originally authorized in Section
510 of the Water Resources Development Act of 1996.
The program has historically excluded the headwater states
of the Chesapeake Bay and was limited to Maryland, Pennsylvania
and Virginia. The modifications made in Section 5003
incorporate the regions within the Chesapeake Bay basin in
Maryland, Pennsylvania, Virginia, New York, West Virginia,
Delaware and the District of Columbia. This section also
requires the Corps in cooperation with state and local
officials to develop a ``comprehensive Chesapeake Bay
restoration plan'' to assure that the restoration projects
executed in the states across the basin occur where they are
most needed and will achieve maximum benefit and to implement
projects in accordance with this plan. Sec. 5003 modifies the
list of eligible projects, including removing wastewater
treatment and water supply facilities from the eligible
projects list.
This section provides that projects carried out on federal
lands shall be carried out at the expense of the federal agency
who owns the land, and not at the Corps' expense, even though
the Corps may be charged with doing the restoration work. These
federal agencies may accept funds contributed by non-federal
entities to do this work. This section also requires
cooperation between the Corps and the Environmental Protection
Agency, the National Oceanic and Atmospheric Administration
(i.e. Commerce Dept.), the U.S. Fish and Wildlife Service (i.e.
Interior Dept.), and state and local authorities.
This section also prescribes that that the Corps, to the
maximum extent practicable, must pursue at least one project in
each of the five Chesapeake Bay basin states, and DC.
Sec. 5004. Rio Grande environmental management program, Colorado, New
Mexico, Texas
Section 5004 modifies section 5056(f) of WRDA 2007 (121
Stat. 1213) to authorize appropriations for this program
through FY 2024. The section also authorizes interagency
agreements with the International Boundary and Water
Commission.
Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem
restoration, Oregon and Washington
Section 5005 modifies section 536(g) of the WRDA of 2000
(114 Stat. 2662) to increase the authorization of
appropriations for this authority to $75,000,000.
Sec. 5006. Arkansas River, Arkansas and Oklahoma
Section 5006 authorizes the Secretary to establish a
McClellan-Kerr Arkansas River Navigation System Advisory
Committee (Committee). The Committee will serve in an advisory
capacity only and duties include providing information and
recommendations to the Corps relating to the efficiency,
reliability, and availability of the operations of the
McClellan-Kerr Arkansas River navigation system.
Sec. 5007. Aquatic invasive species prevention and management; Columbia
River Basin
Section 5007 allows the Secretary to establish a program to
prevent and manage aquatic invasive species in the Columbia
River Basin in the States of Idaho, Montana, Oregon, and
Washington. The Secretary shall establish watercraft inspection
stations in the Columbia River Basin to be located in the
States of Idaho, Montana, Oregon, and Washington at locations,
as determined by the Secretary, with the highest likelihood of
preventing the spread of aquatic invasive species into
reservoirs operated and maintained by the Secretary.
The section also authorizes the Secretary to conduct
monitoring and contingency planning. These activities shall
include carrying out risk assessments of each major public and
private water resources facility in the Columbia River Basin;
establishing an aquatic invasive species monitoring program in
the Columbia River Basin; establishing a Columbia River Basin
watershed wide plan for expedited response to an infestation of
aquatic invasive species; and monitoring water quality,
including sediment cores and fish tissue samples, at facilities
owned or managed by the Secretary in the Columbia River Basin.
The section also requires consultation and coordination
with States in the basin, Tribes, and Federal agencies.
Sec. 5008. Upper Missouri Basin flood and drought monitoring
In recognition of the drought and flood cycles of the Upper
Missouri River Basin, Section 5008 authorizes 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, to establish a program to provide for soil
moisture and snowpack monitoring in the Upper Missouri River
Basin. The goal of the monitoring is to help 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''; restore and
maintaining existing mid- and high-elevation snowpack
monitoring sites operated under the SNOTEL program of the
Natural Resources Conservation Service; and operate 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.
Sec. 5009. Northern Rockies headwaters extreme weather mitigation
Section 5009 authorizes the Secretary to establish a
program to mitigate the impacts of extreme weather events, such
as floods and droughts, on communities, water users, and fish
and wildlife located in and along the headwaters of the
Columbia, Missouri, and Yellowstone Rivers (including the
tributaries of those rivers) in the States of Idaho and Montana
by carrying out river, stream, and floodplain protection and
restoration projects.
Sec. 5010. Aquatic nuisance species prevention, Great Lakes and
Mississippi River Basin
Section 5010 authorizes the Secretary 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 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. The Committee notes that
the emergency measures authorized by this section do not
include permanent hydrologic separation of the Great Lakes
Basin from the Mississippi River Basin, which are being
separately evaluated under the Great Lakes and Mississippi
River Interbasin Study (GLMRIS) pursuant to Section 3061(d) of
Water Resources Development Act of 2007 and should continue to
be evaluated under that authority. The Secretary is required to
report to the Committees on Environment and Public Works and
Appropriations of the Senate and the Committees on
Transportation and Infrastructure and Appropriations of the
House of Representatives any emergency actions taken pursuant
to this section.
TITLE VI--LEVEE SAFETY
Title VI implements the recommendations of the National
Levee Safety Committee and related levee safety provisions.
Sec. 6001. Short title
Section 6001 states that this title may be cited as the
National Levee Safety Program Act.
Sec. 6002. Findings; Purposes
Section 6002 establishes findings related to levee safety
and provides the purposes of the National Levee Safety Program
Act.
Sec. 6003. Definitions
Section 6003 provides definitions used in the National
Levee Safety Program Act.
Sec. 6004. National levee safety program
Section 6004 establishes a National Levee Safety Program to
promote improved levee safety practices at the local, State and
Federal levels and provide funding for states to establish
participating levee safety programs. This section directs the
Secretary to appoint an Administrator and staff of the National
Levee Safety Program and carry out the following activities to
support the National Levee Safety Program----
Develop voluntary, comprehensive national levee
safety guidelines.
Develop a hazard potential classification program
for use under the national levee safety program.
Establish, in coordination with the National Levee
Safety Advisory Board (Board), a national levee safety
technical assistance and training program to provide technical
assistance and support to state and local levee safety efforts.
Establish, in coordination with the Administrator
of the Federal Emergency Management Agency (FEMA) and the
Board, a national public education and awareness campaign
relating to the national levee safety program.
Evaluate opportunities, in coordination with the
Board, to coordinate, public safety, floodplain management, and
environmental protection activities relating to levees.
Carry out a one-time inventory and inspection of
levees identified in the national levee safety database.
Issue, in coordination with the Board, guidelines
that establish minimum components for recognition as a
participation State or tribal levee safety program.
Establish a grant program to assist States and
Indian tribes in establishing participating programs,
conducting levee safety activities and carrying out this Act.
Establish a program to provide assistance to non-
Federal entities for the rehabilitation and repair of levees.
Eligible projects include any activity to rehabilitate a levee
that will maximize overall risk reduction. This may include
relocation of structures on or near a levee that compromise the
levee's integrity. Routine operation and maintenance activities
are not eligible for funding.
Sec. 6005. National levee safety advisory board
Section 6005 requires the Secretary, in coordination with
the Administrator of FEMA to establish a National Levee Safety
Advisory Board that will advise the Secretary and Congress
regarding consistent approaches to levee safety, monitor the
safety of levees in the U.S., and assess the effectiveness of
the National Levee Safety Program.
The Board will consist of 14 voting members, including
eight representatives of State levee safety agencies (1 from
each of the Civil Works Divisions of the Corps), two
representatives of the private sector, two representatives of
local and regional government agencies with expertise in levee
safety, and two representatives if Indian tribes with expertise
in levee safety. This section includes criteria for selection
of members of the Board, establishes terms of service, and
describes other related procedures.
Section 6005 also establishes four voluntary Standing
Committees to advise the Board regarding the national levee
safety program. The Standing Committees include Participating
Programs, Technical Issues, Public Education and Awareness, and
Safety and Environment.
Section 6005 directs the Board to coordinate with the
Federal Interagency Floodplain Management Task Force.
The Federal Advisory Committee Act does not apply to the
Board or its Standing Committees.
Sec. 6006. Inventory and inspection of levees
Section 6006 clarifies that the Secretary shall accept for
inclusion in the National Levee Safety Database information
provided by States, Indian tribes, Federal agencies, and other
entities.
Sec. 6007. Reports
Section 6007 requires the Secretary to submit multiple
reports to Congress, including----
An annual report on the status of the nation's
levees
A report on establishing a joint national dam
and levee safety program
A report identifying and addressing legal
liability associated with levee engineering projects
This section also requires the Comptroller General to
submit a report on opportunities for alignment of Federal
programs to promote shared responsibility for levee safety,
better align the national levee safety program and other
Federal flood risk management programs, and promoting levee
safety through other Federal programs providing assistance to
State and local governments.
Sec. 6008. Effect of title
Section 6008 clarifies that nothing in this title
establishes any liability of the United States or any officer
or employee of the United States for any damages caused by any
action or failure to act nor relieves any owner or operator of
a levee of any legal duty, obligation, or liability incident to
the ownership or operation of the levee.
Sec. 6009. Authorization of appropriations
Section 6009 authorizes appropriations to carry out this
title, including----
$5 million for each of fiscal years 2014-2023
for administration and staff
$5 million for each fiscal years 2014-2018, $7
million for each of 2019-2020, and $10 million for each
of 2021-2023 for technical programs, including the
development of levee safety guidelines, publications,
training and technical assistance
$3 million for each of fiscal years 2014-2023
for public involvement and education
$30 million for each of fiscal years 2014-2018
for levee inventory and inspection under Section 9004
of the Water Resources Development Act of 2007
$300 million total for fiscal years 2014-2023
for State and tribal levee safety programs
$300 million total for fiscal years 2014-2023
for levee rehabilitation assistance
TITLE VII--INLAND WATERWAYS
Title VII implement reforms to the Inland Waterways system
to improve project delivery and lower costs, including
requiring the use of risk-based cost estimates, promoting
increased coordination between the Corps and the Inland
Waterways User Board, and improving project management.
Sec. 7001. Purposes
Section 7001 provides the purposes of the Inland Waterways
title.
Sec. 7002. Definitions
Section 7002 provides definitions that are used in the
Inland Waterways title.
Sec. 7003. Project delivery process reforms
Section 7003 establishes project delivery reforms for
inland waterways projects, including requiring:
Training and certification for project
managers;
Only certified project managers will be
assigned to inland waterways projects;
Development of risk based cost estimates that
have confidence levels of 80 percent.
This section also authorizes one or more pilot projects to
evaluate processes or procedures for study, design, or
construction of qualifying projects.
Section 7003 makes a number of reforms to the Inland
Waterways User Board to increase the role of the Board in
project decision-making and to ensure improved communication
between the Corps and the Board. Section 7003:
Revises the duties of the Inland Waterways
Users Board and requires the Board provide advice and
recommendations on Corps budget, pending Chief's
reports, and increases in funding to existing
authorizations;
Authorizes the Inland Waterways Users Board to
appoint a representative to project delivery teams;
Requires the Secretary to communicate at least
quarterly to the Users Board about status of study,
design and construction of all commercial navigation
features or components of the inland waterways;
Requires development of a capital investment
program within a year that lays out a 20 year program
for capital investment in the inland waterways system.
Sec. 7004. Major rehabilitation standards
Section 7004 directs the Secretary to develop a methodology
for classifying major rehabilitation projects.
Sec. 7005. Inland waterways system revenues
Section 7005 highlights the lack of funding necessary to
invest in critical inland waterways projects and declares that
it is the Sense of Congress that existing revenue sources for
inland waterways construction and rehabilitation are
insufficient and should be addressed.
Sec. 7006. Efficiency of revenue collection
Section 7006 directs the Comptroller General to prepare a
report on the efficiency of collections of the fuel tax for the
Inland Waterways Trust Fund, including:
Evaluation of whether current collection of
the fuel tax results in full compliance with the law;
Whether alternative collection methods would
result in increased revenues in the Inland Waterways
Trust Fund.
TITLE VIII--HARBOR MAINTENANCE
Title VIII makes a number of reforms to the Harbor
Maintenance Trust Fund (HMTF) to increase use of the Fund for
Operation and Maintenance (O&M) for navigation channels and to
provide equity for ports nation-wide.
The U.S. Army Corps operates and/or maintains 13,000 miles
of commercial deep draft ship channels and 12,000 miles of
commercial inland waterways channels, which serve 41 states and
transport much of the cargo moved by waterways.
In 1986, Congress enacted the Harbor Maintenance Tax to
fund operations and maintenance (O&M) costs at U.S. coastal and
Great Lakes harbors. The revenues are deposited into the Harbor
Maintenance Trust Fund (HMTF) from which Congress appropriates
funds for dredging harbors to their authorized depths and
widths. The tax is levied on the value of cargo imported
through coastal or Great Lakes ports.
At the end of Fiscal Year 2012, the HMTF received $1.587
billion in receipts and collections. The budget for FY 2013
proposed $848 million in appropriations for O&M at the nation's
ports. The balance in the Trust Fund at the end of FY 2012 was
$6.95 billion.
Despite a large surplus in the HMTF, the busiest U.S.
harbors are presently under-maintained. The Corps estimated in
2010 that full channel dimensions at the nation's busiest 59
ports were available less than 35% of the time. This highlights
the significant need for increased investment in port
maintenance and the need to ensure revenues collected for
harbor maintenance are utilized for their intended purpose.
This title establishes a point of order against any bill
that does not expend the full amount collected in the HMTF for
that fiscal year. It also establishes a point of order against
a bill that reduces funding for other Corps programs. Together,
these provisions ensure that all HMTF revenues are expended
every year for port maintenance and protect other Corps
programs from funding cuts to accommodate increases for port
maintenance.
Sec. 8001. Short title
Section 8001 provides that Title VIII may be cited as the
Harbor Maintenance Trust Fund Act of 2013.
Sec. 8002. Purposes
Section 8002 describes the purposes of this title, which
include ensuring that revenues collected in the HMTF are used
for their intended purpose and to increase investment in the
operation and maintenance of the nation's ports.
Sec. 8003. Funding for harbor maintenance programs
Section 8003 provides a guarantee that the expenditures
from the HMTF will equal receipts in each fiscal year. No funds
may be appropriated for harbor maintenance unless the total
budget resources made available in a fiscal year equal to the
level of receipts plus interest credited to the HMTF for that
fiscal year.
Sec. 8004. Harbor Maintenance Trust Fund prioritization
Section 8004 amends the original Harbor Maintenance Trust
Fund authorization in WRDA 1986 to allow the use of trust fund
revenues to maintain Federal channels to 50 foot depths.
Currently, federal O&M is limited to 45 feet. However,
additional O&M is necessary to accommodate larger vessels with
deeper drafts.
This section also prioritizes future expenditures from the
Harbor Maintenance Trust Fund. The prioritization and expanded
use provisions are included as part of a package of HMTF
reforms, which include increased expenditures from the Trust
Fund. As expenditures are increased under Section 8003, this
additional prioritization is intended to ensure that any
additional funds first address ports that are a priority for
commerce and ports that have received minimal investment in
previous years and to ensure that additional funds are
distributed in an equitable manner.
When full expenditure of HMTF receipts is achieved,
priority is given to high-use deep draft ports. This term
identifies those coastal navigation projects that annually move
10 million tons or more of cargo and are maintained at a depth
of 14 feet or greater. A set-aside is also included for
underserved projects, which haven't received maintenance
funding in the previous five fiscal years and for which
significant State or local investment has been made in
infrastructure served by the navigation channel.
Section 8004 also authorizes limited expanded uses for
``donor states'', which are states that contribute
significantly more to the HMTF than they receive in Federal
operation and maintenance (O&M) funding. Expenditures from the
HMTF are authorized in these states for two additional
activities--dredging of berths that are adjacent to channels
currently at their authorized width and depth and contaminated
sediment disposal. HMTF revenues can only be used for these
additional activities after all traditional operation and
maintenance needs in a state are met.
Sec. 8005. Civil works program of the Corps of Engineers
Section 8005 establishes a point of order that can only be
waived by a 3/5 majority of the Senate, against any bill, joint
resolution, amendment, motion, or conference report that would
result in amounts available to carry out all programs,
projects, and activities of the civil works program of the
Corps, except harbor maintenance programs, less than the
amounts made available in the previous fiscal year. Exceptions
are made for reductions that apply to all discretionary funds
and programs of the Federal government and that apply in the
same manner to the civil works program. This provision is
intended to ensure required increases in expenditures for
harbor maintenance do not result in a commensurate decrease for
other important Corps programs.
TITLE IX--DAM SAFETY
In 1972, after several prominent dam failures, Congress
directed the Secretary of the Army to undertake a national
program on the inspection of dams (Public Law 92-367). The
National Dam Inspection Program, administered by the U.S. Army
Corps of Engineers, provided for a nationwide inspection and
inventory of dams. WRDA 1986 (P.L. 99-662) expanded on the 1972
legislation and authorized several new activities, including
establishment of a National Dam Safety Review Board,
authorization of assistance to state dam safety programs,
authorization to maintain and update the aforementioned
inventory through the National Inventory of Dams (based on the
previous inspections), and authorization of dam safety
research.
The Water Resources Development Act of 1996 (Public Law
104-303) amended that Act to establish the National Dam Safety
Program, led by the Federal Emergency Management Agency, as a
partnership of the States, Federal agencies and other
stakeholders to encourage individual and community
responsibility for dam safety. Previously there had been no
comprehensive national effort devoted to non-federal dam
safety. The amended Act is cited as the National Dam Safety
Program Act.
The Act includes:
1. a National Dam Inventory to provide to the public
periodically updated information on the inventory of
dams in the United States;
2. an Interagency Committee on Dam Safety to
encourage the establishment and maintenance of
effective Federal and State programs, policies and
guidelines intended to enhance dam safety;
3. a National Dam Safety Program, including a
strategic plan, a National Dam Safety Review Board and
grant assistance to the States to provide vital support
for the improvement of the State dam safety programs
that regulate most of the 84,130 dams in the United
States;
4. a dam safety research effort for technical and
archival research; and
5. dam safety training for State dam safety staff and
inspectors.
The Dam Safety and Security Act of 2002 (Public Law 107-
310), signed into law on December 2, 2002, reauthorized the Act
for 4 years and added enhancements designed to safeguard dams
against terrorist attacks.
The Dam Safety Act of 2006 (Public Law 109-460), signed
into law on December 22, 2006. reauthorized the Act through
2011 and required that supported state programs to have
legislation providing for periodic safety evaluations of
relevant dams, and also required the Secretary of the Army to
update the National Inventory of Dams, which was previously
optional.
The Dam Safety Act of 2013 would reauthorize the National
Dam Safety Program through 2018 and increase public safety by
safeguarding dams nationwide. The legislation would provide
support for state dam safety programs, training, research and
public outreach and awareness of dam safety hazards.
The Committee is concerned that the Federal Emergency
Management Agency is not consistently meeting its requirements
under the National Dam Safety Program Act to submit biennial
reports to Congress on program status, Federal and State
progress, and recommendations for legislative or other action.
Sec. 9001. Short title
This section provides that this Act may be cited as the
``Dam Safety Act of 2013''.
Sec. 9002. Purpose
The purpose of the Dam Safety Act of 2013 is to reduce the
risks to life and property from dam failure in the United
States through the reauthorization of an effective national dam
safety program that brings together the expertise and resources
of the federal and non-federal communities in achieving
national dam safety hazard reduction.
Sec. 9003. Administrator
Section 9003 replaces the term ``Director'' with
``Administrator'' to reflect the updated title for the head of
the Federal Emergency Management Agency.
Sec. 9004. Inspection of dams
When requested by a state dam safety agency, federal
agencies are currently required to provide information on the
construction, operation, and maintenance of a dam whose failure
would affect that state. Section 9004 additionally requires
that federal agencies provide information on the condition and
provisions for emergency operations, as requested.
Sec. 9005. National Dam Safety Program
Section 9005 updates the current public outreach objective
for the National Dam Safety Program from ``develop and
encourage public awareness projects to increase public
acceptance and support of State dam safety programs'' to
``develop and implement a comprehensive dam safety hazard
education and public awareness program to assist the public in
preparing for, mitigating, responding to, and recovering from
dam incidents.''
The FEMA Administrator is authorized to invite
representatives from nongovernmental organizations to be
nonvoting members of the Board.
Sec. 9006. Public awareness and outreach for dam safety
Under current law, FEMA seeks to encourage states to
implement individual public awareness and outreach programs.
However, state programs generally have inadequate funding to
carry out the inspections and other critical work they do to
ensure the safety of dams. Section 9006 establishes a national
public awareness program in consultation with stakeholders in
order to more efficiently carry out this important outreach
function.
Sec. 9007. Authorization of appropriations
Section 9007 authorizes appropriations for activities in
the National Dam Safety Program Act. The National Dam Safety
Program, including the state assistance grant program, the
Interagency Committee on Dam Safety, and reports to Congress
are together authorized at $9,200,000 each year from FY 2014
through FY 2018. Starting in FY 2014, funding allocated to a
state may not exceed the amount of funds committed by the state
to implement dam safety activities. The National Inventory of
Dams is authorized at $500,000 each year for FY 2016 through FY
2018. Funding is authorized at $1,000,000 each year for FY 2014
through 2018 to meet the public outreach objective, as updated
in Section 9006 of this Act. Research activities are authorized
at $1,450,000 for each year from FY 2014 through FY 2018. Dam
safety training is authorized at $750,000 for each year from FY
2014 through FY 2018. Funding is authorized at $1,000,000 for
each year from FY 2014 through FY 2018 for FEMA staff.
TITLE X--INNOVATIVE FINANCING PILOT PROJECTS
Title X establishes a five-year pilot program, known as the
Water Infrastructure Finance and Innovation Act (WIFIA)
program, to allow the Corps of Engineers and the Environmental
Protection Agency to provide loans and loan guarantees for
flood control, water supply, and wastewater infrastructure
projects. This program, based on the successful Transportation
Infrastructure Finance and Innovation Act (TIFIA) program
within the Department of Transportation, would support local
efforts to leverage funds for water resources projects and help
speed construction of local projects.
Numerous studies have highlighted the need to increase
investment in the nation's water infrastructure. A 2011 report
by the American Society of Civil Engineers (ASCE) found ``if
current trends persist, the investment required [for wastewater
and drinking water infrastructure] will amount to $126 billion
by 2020, and the anticipated capital funding gap will be $84
billion . . . by 2040, the needs for capital investment will
amount to $195 billion and the funding gap will have escalated
to $144 billion, unless strategies to address the gap are
implemented . . .'' In addition, ASCE's recently-released
infrastructure report card rated the nation's dams a ``D'' and
levees a ``D-''.
The WIFIA program is designed to assist a wide array of
water resources infrastructure projects with their own revenue
streams, which can attract substantial private capital with a
limited Federal investment. This program offers the sponsors of
these water infrastructure projects a new tool to leverage
limited Federal resources, stimulate additional investment in
our Nation's water resources infrastructure, and encourage
greater private sector participation in meeting our water
infrastructure needs.
Section 10001. Short Title
This section gives the name for this title of the Water
Resources Development Act of 2013 as the ``Water Infrastructure
Finance and Innovation Act of 2013.''
Section 10002. Purposes
Section 10002 describes the purpose of the WIFIA program,
which is to leverage Federal funds by attracting substantial
private or other non-Federal investment to promote increased
development of critical water resources infrastructure. The
program provides this support at favorable terms to projects
that are capable of generating revenue streams through user
fees or other dedicated funding sources to assist communities
facing significant water quality, drinking water, or flood risk
challenges.
Section 10003. Definitions
Section 10003 establishes definitions for terms used under
this title.
Section 10004. Authority to provide assistance
Section 10004 establishes a pilot program for the Secretary
of the Army and the Administrator of the Environmental
Protection Agency, respectively, to provide financial
assistance to water infrastructure projects under their
jurisdictions. The projects selected under this program should
represent a diversity of project types and geographical
locations.
Section 10005. Applications
Section 10005 lays out the application process for the
WIFIA program, which shall be submitted to either the Secretary
or the Administrator, as applicable, and includes a provision
specifying the process under which an entity is applying for
financial assistance for a group of projects.
Section 10006. Eligible entities
Section 10006 establishes the entities eligible to receive
assistance under this program, which include a corporation, a
partnership, a joint venture, a trust, a federal, state, or
local government entity, agency, or instrumentality, a tribal
government or consortium of tribal governments, or a State
infrastructure financing authority.
Section 10007. Projects eligible for assistance
This section establishes what types of projects are
eligible for assistance under this program. This includes
projects for flood control or hurricane and storm damage
reduction, projects eligible for assistance from the Clean
Water State Revolving Fund, projects eligible for assistance
from the Drinking Water State Revolving Fund, a project for
increased energy efficiency of a public water system or
publicly owned treatment works, a project for repair, a project
to repair, rehabilitate, or replace a treatment works,
community water system, or aging water distribution system, a
brackish or sea water desalination project, a managed aquifer
recharge project, or a water recycling project, acquisition of
real property, including acquisition of property necessary to
mitigate environmental impacts of current or future water
resources infrastructure projects.
Combinations of eligible projects are also eligible to
receive assistance. This will allow smaller projects to receive
assistance and can increase efficiencies in providing loan
assistance to existing infrastructure programs. Paragraph (8)
specifically allows loans to state infrastructure financing
authorities, such as State Revolving Funds under the Clean
Water Act and Safe Drinking Water Act, and paragraph (9) allows
other entities to combine projects.
Section 10008. Activities eligible for assistance
Section 10008 establishes which activities related to an
eligible project are eligible to be funded under this program.
Section 10009. Determination of eligibility and project selection
Section 10009 establishes the criteria that applicants must
meet in order to receive credit assistance under this program.
This includes creditworthiness, which will require that each
applicant provides a preliminary rating opinion letter from a
credit rating agency indicating that the senior obligations of
the project have the potential to achieve an investment-grade
rating. It also directs the Administrator to develop a credit
evaluation process to evaluate an application from a State
infrastructure financing authority for a group of eligible
projects. In implementing credit evaluation procedures for
projects funded under this title, the Secretary and the
Administrator are encouraged to develop procedures that take
into account the type of applicant and the projects that will
be funded. An eligible project must also demonstrate it will
generate economic and public benefits such as improving water
quality and reducing flood risk.
Paragraph (5) of this section prohibits the use of certain
tax-exempt bonds to finance or refinance a project receiving
Federal credit assistance under this title.
This section also sets a minimum project cost of
$20,000,000 and requires that each project must have the
potential to be self-supporting from user charges or other non-
Federal dedicated funding sources. The Secretary or the
Administrator, as applicable, are also directed to select among
potential projects based on various criteria, including the
project's regional or national significance, its potential
economic benefits, the likelihood that it will proceed at an
earlier date because of assistance provided under this program,
and other factors.
Section 10010 Secured loans
Section 10010 provides the authority for the Secretary or
the Administrator, as applicable, to enter into agreements to
make secured loans under this program to finance eligible
projects. This section also requires that a secured loan may
not be executed under this program until the senior obligations
of the project receive an investment-grade rating.
This section sets the maximum share of project costs to
receive assistance under this section to be an amount equal to
no more than 49 percent of eligible project costs. This section
also establishes the repayment requirements and other terms on
the credit assistance, such as the interest rate and maximum
federal assistance to a project receiving credit assistance
under this program.
This section also provides the authority for the Secretary
or the Administrator, as applicable, to make loan guarantees in
lieu of making a secured loan if the budgetary cost of such
loan guarantee is substantially the same as the secured loan.
Section 10011. Program administration
Section 10011 establishes the requirements and procedures
for the Secretary and the Administrator, as applicable, to
service credit assistance made under this program, including
the collection of fees and the authority to retain outside
expertise to assist in carrying out the underwriting and
servicing requirements of this program.
Section 10012. State and local permits
Section 10012 states that receiving financial assistance
under this program does not relieve a recipient of any State or
local requirements.
Section 10013. Regulations
Section 10013 provides the authority for the Secretary and
the Administrator to promulgate regulations, as appropriate, to
carry out this program.
Section 10014. Funding
Section 10014 authorizes $50,000,000 per year to both the
Secretary and the Administrator, to provide assistance to
eligible projects within their jurisdiction, for each of fiscal
years 2014 through 2018. It also provides that up to $2,200,000
of the funds provided to both the Secretary and the
Administrator may be used for the administrative expenses of
the program for each of those fiscal years.
Section 10015. Report to Congress
In order to evaluate the effectiveness of this program,
section 10015 requires the Secretary or the Administrator, as
applicable, to provide a report to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than two years after the date of
enactment of this Act, and every two years thereafter,
summarizing a number of details about the performance and
benefits of this program.
TITLE XI--EXTREME WEATHER
Sec. 11001. Study on risk reduction
Section 11001 requires the National Academy of Sciences to
undertake a comprehensive evaluation of measures to respond to
extreme weather and to mitigate risk associated with these
disasters. The Academy must evaluate options to reduce risk
from extreme weather events, including evaluating efforts in
the U.S. and worldwide that have been implemented to address
risk, identifying necessary infrastructure improvements, and
exploring potential funding sources for new infrastructure
investment.
Sec. 11002. GAO study on management of flood, drought, and storm damage
Section 11002 directs the Government Accountability Office
to review the Corps' policies and practices related to water
resources management in response to floods, storms, and
droughts to ensure it is taking appropriate measures to prepare
for and respond to these events.
Sec. 11003. Post-disaster watershed assessments
Section 11003 authorizes the Corps to conduct post-disaster
watershed assessments immediately following a disaster and
implement flood control and ecosystem restoration projects
identified in those assessments. This provision will ensure the
Corps is better prepared for future extreme weather events by
modernizing the approach used by the agency to respond to
disasters such as flooding.
Legislative History
In the 112th Congress, a discussion draft was released by
Chairman Boxer, titled the ``Water Resources Development Act of
2012''. On November 15, 2012, the Full Environment and Public
Works Committee held a legislative hearing on the discussion
draft.
S. 601, the Water Resources Development Act of 2013, was
introduced by Sen. Barbara Boxer and Sen. David Vitter on March
18, 2013. The bill was received, read twice, and referred to
the Committee on Environment and Public Works. On March 20,
2013, the full Committee on Environment and Public Works met to
consider the bill. A manager's amendment in the nature of a
substitute was adopted by voice vote. Nine amendments were
adopted en bloc by voice vote. The bill as amended was ordered
reported favorably by a unanimous vote of 18-0.
Hearings
Since the passage of the Water Resources Development Act of
2007, the Committee has held multiple hearings on issues
addressed in the Water Resources Development Act of 2013. These
are listed below by Congress.
113th
February 7, 2013, Full Committee Hearing entitled,
``Oversight Hearing on Implementation of Corps of Engineers
Water Resources Policies.''
January 31, 2013, Full committee hearing entitled,
``The Harbor Maintenance Trust Fund and the Need to Invest in
the Nation's Ports.''
112th
November 15, 2012, Full Committee Legislative
Hearing on the Water Resources Development Act of 2012.
September 20, 2012, Full Committee hearing
entitled, ``Water Resources Development Act: Growing the
Economy and Protecting Public Safety.''
October 18, 2011, Full Committee hearing entitled,
``A Review of the 2011 Floods and the Condition of the Nation's
Flood Control Systems.''
111th
November 17, 2010, Full Committee hearing
entitled, ``Water Resources Development Act: Legislative and
Policy Proposals to Benefit the Economy, Create Jobs, Protect
Public Safety and Maintain America's Water Resources
Infrastructure'' (Rescheduled from September 30th).
May 6, 2010, Full Committee Hearing entitled,
``Water Resources Development Act of 2010: Jobs and Economic
Opportunities.''
June 16, 2009, Full Committee hearing entitled,
``New Orleans Hurricane and Flood Protection and Coastal
Louisiana Restoration: Status and Progress.''
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 601 on March 20, 2013. A manager's amendment in the
nature of a substitute was adopted by voice vote. Nine
amendments were adopted en bloc by voice vote. The bill as
amended was ordered reported favorably by a unanimous vote of
18-0.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee notes that the
Congressional Budget Office has found that S. 601 authorizes
the ``Corps of Engineers to carry out watercraft inspections or
other measures to prevent the spread of invasive species.
Public and private entities would have to comply with
requirements established by the Corps. Because the number of
affected entities and the cost of compliance would probably be
small, CBO expects that the costs of the mandates would fall
below the annual thresholds established in UMRA for
intergovernmental and private-sector mandates ($75 million and
$150 million in 2013, respectively, adjusted annually for
inflation).'' The Committee finds that S. 601 does not cause
any adverse impact on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``S. 601 would impose
intergovernmental and private-sector mandates, as defined in
UMRA, by authorizing the Corps of Engineers to carry out
watercraft inspections or other measures to prevent the spread
of invasive species . . . Because the number of affected
entities and the cost of compliance would probably be small,
CBO expects that the costs of the mandates would fall below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($75 million and $150 million in 2013,
respectively, adjusted annually for inflation).''
Congressional Budget Office Cost Estimate
April 17, 2013.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 601, the Water
Resources Development Act of 2013. The legislative language for
this version of S. 601 was provided to CBO on April 12, 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 601--Water Resources Development Act of 2013
Summary: S. 601 would authorize the Army Corps of Engineers
(Corps) to construct water projects for mitigating storm
damage, restoring ecosystems, and reducing erosion on inland
and intracoastal waterways. The legislation also would
authorize the agency to establish grant programs to assist
local and state governments with levee safety and
rehabilitation programs. Finally, S. 601 would authorize the
Corps and the Environmental Protection Agency (EPA) to provide
loans or loan guarantees to state and local governments and
certain nongovernmental entities to complete water
infrastructure projects.
Assuming appropriation of the authorized and necessary
amounts, including adjustments for anticipated increases in
construction costs, CBO estimates that implementing S. 601
would cost about $5.7 billion over the 2014-2018 period.
Spending would continue from amounts authorized to be
appropriated under the bill after 2018, and CBO estimates that
such spending would total $6.5 billion over the 2019-2023
period.
Pay-as-you-go procedures do not apply because enacting the
bill would not affect direct spending or revenues.
S. 601 would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Public and private entities would be required to comply with
regulations to prevent the spread of invasive species. Because
the number of affected entities and the cost of compliance
would probably be small, CBO expects that the costs of the
mandates would fall below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($75
million and $150 million in 2013, respectively, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 601 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2014 2015 2016 2017 2018 2014-2018
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I--Water Resource Projects:
Estimated Authorization Level.................. 855 873 892 911 932 4,463
Estimated Outlays.............................. 342 606 747 848 867 3,410
Title II--Water Resources Policy Reforms:
Estimated Authorization Level.................. 261 263 266 272 278 1,341
Estimated Outlays.............................. 104 184 225 254 259 1,026
Title V--Regional and Nonproject Provisions:
Estimated Authorization Level.................. 79 80 82 43 44 327
Estimated Outlays.............................. 36 60 71 58 47 271
Title VI--Levee Safety:
Authorization Level............................ 103 103 103 103 103 515
Estimated Outlays.............................. 54 85 94 100 100 443
Title VIII--Harbor Maintenance:
Estimated Authorization Level.................. 50 50 50 50 50 250
Estimated Outlays.............................. 35 50 50 50 50 235
Title X--Innovative Financing Pilot Projects:
Authorization Level............................ 100 100 100 100 100 500
Estimated Outlays.............................. 2 3 10 10 15 40
Other Titles:
Estimated Authorization Level.................. 66 66 66 68 43 308
Estimated Outlays.............................. 35 56 62 66 51 269
Total Changes:
Estimated Authorization Level.............. 1,514 1,535 1,559 1,546 1,549 7,704
Estimated Outlays.......................... 608 1,044 1,258 1,386 1,389 5,685
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, we assume that S. 601
will be enacted in 2013 and that the necessary amounts will be
appropriated for each fiscal year. Estimated outlays are based
on information from the Corps, the Federal Emergency Management
Agency (FEMA), and EPA, and on historical spending patterns for
similar projects.
Spending subject to appropriation
Title I--Water Resource Projects. CBO estimates that
implementing title I would cost $3.4 billion over the 2014-2018
period, assuming appropriation of the necessary amounts.
Title I would authorize the Corps to construct water
projects that are in the federal interest if it has completed a
project report and has recommended to the Congress--prior to
enactment of this legislation--that the project should receive
funding for construction. According to information from the
Corps, 27 projects meet this criteria. The four largest of
those projects--the Mississippi Coastal Improvement Program,
the American River Watershed Common Features Project in Natomas
Basin, California, the Sabine Neches Waterway in Texas and
Louisiana, and the Fargo-Moorhead Metro in Minnesota and North
Dakota--have a total estimated cost of $5.6 billion, with the
federal share totaling about $3.3 billion. CBO estimates that
$1.3 billion of those costs would be incurred over the 2014-
2018 period. We estimate that construction costs for the other
23 projects would total $1.2 billion over the next five years.
Title I also would enable the Corps to increase the
authorized construction cost of a project if it meets the
criteria in S. 601, has already received an appropriation, and
the Corps submits to the Congress details justifying the higher
costs. Three projects meet the criteria under the bill for an
increase in authorized construction costs, according to the
Corps. The largest increase would be $2.1 billion for the
Olmsted Lock and Dam in Illinois. CBO estimates that $0.9
billion of that increase would be incurred over the 2014-2018
period. We estimate that construction costs for the other two
projects would total $71 million over the next five years. This
authority would expire three years after the bill's enactment.
Title II--Water Resources Policy Reforms. Title II would
authorize the Corps to implement a pilot program--in
coordination with state and local governments, other federal
agencies, and interested parties--to stabilize riverbanks and
reduce erosion on inland and intracoastal waterways in the
United States. The bill also includes pilot programs through
which the Corps would be authorized to contract with nonfederal
partners to conduct feasibility studies; construct projects to
manage risk from floods; reduce damage from storms; and improve
navigation of the nation's harbors.
Finally, title II would increase the amounts authorized to
be appropriated for other activities performed by the Corps,
including flood control, floodplain management, project
modifications to improve the environment, ecosystem
restoration, and assistance to states for water resource
development.
Based on information from the Corps about costs and the
time required to complete similar projects, CBO estimates that
implementing this title would cost about $1 billion over the
2014-2018 period, assuming appropriation of the necessary
amounts.
Title V--Regional and Nonproject Provisions. Title V would
authorize the Corps to establish regional partnerships with
state and local governments, other federal agencies, and
interested parties to address regional priorities for water
resources, including restoring ecosystems, controlling invasive
species, and mitigating impacts from floods and extreme
weather. The bill also would authorize the Corps to conduct
studies--in collaboration with nonfederal partners--to develop
plans and designs and to construct projects that meet the water
resource priorities in each region. Based on information from
the Corps about water resource needs, CBO estimates that
implementing this title would cost $271 million over the 2014-
2018 period, assuming appropriation of the necessary amounts.
Title VI--Levee Safety. Title VI would direct the Corps--in
consultation with FEMA--to develop a levee safety program,
including a national database to classify flood risk at federal
and nonfederal levees, levee safety guidelines, and a public
education program focusing on communities vulnerable to
flooding from levee failure. The agencies also would be
directed to create an independent board to advise the Corps and
the Congress on consistent approaches to levee safety and to
report on the efficacy of the national levee safety program.
The Corps also would be directed to provide technical
assistance and training to state and tribal governments as they
develop safety programs to reduce flood damage. Under the bill,
the federal share of costs for those activities would be
limited to 65 percent of total costs.
Finally, title VI would authorize the Corps to establish
grant programs to assist state and tribal governments to
develop safety programs for levees and to provide funding
assistance to nonfederal partners for rehabilitating levees.
Based on information from the Corps and FEMA about the
historical rate of spending for levee inspections and
rehabilitation programs and assuming appropriation of the
authorized amounts, CBO estimates that implementing title VI
would cost $443 million over the 2014-2018 period.
Title VIII--Harbor Maintenance. The bill would direct the
Corps to prioritize navigation projects funded with
appropriations from the Harbor Maintenance Trust Fund based on
the need to maintain the authorized width and depth of those
projects. The bill would make the federal government
responsible for all operation and maintenance costs for harbors
more than 45 feet deep but less than 50 feet deep. Under
current law, such costs for all harbors that are more than 45
feet deep are shared equally with nonfederal partners. Assuming
appropriation of the necessary amounts, CBO estimates that
those provisions would cost $235 million over the 2014-2018
period. That estimate is based on information from the Corps
about the number of harbors that are between 45 feet and 50
feet in depth--or expected to be deepened to 45 feet to 50 feet
in the next few years--and the incremental costs to the federal
government to provide 100 percent of the operation and
maintenance costs.
S. 601 also would establish new procedural points of order
for considering legislation in either house of the Congress
aimed at ensuring that funds appropriated from the Harbor
Maintenance Trust Fund (HMTF) each year are equal to the
receipts plus the interest credited to the fund each year. Over
the past five years, appropriations from the HMTF have averaged
around $800 million a year--or about $700 million a year less
than the revenues and interest credited to the fund. Because
current law authorizes the appropriation of such sums as are
necessary from the HMTF, this provision does not represent an
increase in the amounts authorized to be appropriated.
Title X--Innovative Financing Pilot Projects. This
legislation would authorize the appropriation of $500 million
over the 2014-2016 period for the Corps and EPA to provide
loans or loan guarantees to state and local governments and
certain nongovernmental entities to complete water
infrastructure projects. Of the amounts authorized, up to $11
million over the next five years would be available to support
administrative costs incurred by those agencies to complete and
service the loan agreements. The bill also would require that
to be eligible for this support, a project must cost $20
million or more and federal loan amounts must account for 49
percent or less of the project's eligible costs. Also, under
the bill, the sponsor of each project would be required to
demonstrate that it has a financial outlook similar to those of
bonds rated B- or better by credit rating companies, such as
Standard and Poors and Moodys. Finally, states and other
entities would not be permitted to issue tax-exempt bonds to
raise additional funds to support the water infrastructure
projects under this legislation.
Under procedures established in the Federal Credit Reform
Act, funds must be appropriated in advance to cover the
estimated subsidy cost of loans and loan guarantees, measured
on a present-value basis. Projects with at least a B- rating
historically have a cumulative default risk of around 5 percent
or less. Considering other features of the proposed loan
program, such as a grace period on loan repayments until
projects are completed and other optional repayment deferrals
if projects cannot make timely loan repayments, CBO estimates
that most of the loans and loan guarantees under the proposed
program would have a subsidy rate between 3 percent and 11
percent. The Department of Transportation currently operates a
similar loan program for transportation infrastructure projects
known as the Transportation Infrastructure Finance and
Innovation Act (TIFIA) program. Direct loans under the TIFIA
program have an estimated subsidy rate of about 10 percent.
CBO expects that the proposed program would operate much
like TIFIA and that the Corps and EPA would mostly offer direct
federal loans. CBO estimates that demand for loans under this
program would be relatively low because tax-exempt financing
could not be used by states and other nongovernment entities to
obtain at least 51 percent of each project's cost from
nonfederal funds as required under S. 601. Based on historical
spending rates and the anticipated demand for infrastructure
loans under the terms of this bill, CBO estimates that
implementing this pilot program would cost $40 million over the
2014-2018 period.
Other Titles. Most other costs would result from titles IV,
IX, and XI. Based on information from the Corps and FEMA, and
on historical spending patterns of similar programs, CBO
estimates that implementing those titles would cost $269
million over the 2014-2018 period.
Title IV--Water Resource Studies. This title would
authorize the Corps to conduct studies of projects aimed at
reducing storm damage and flood risk, improving navigation,
restoring ecosystems, and other related issues. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing this title would cost $103 million over the 2014-
2018 period.
Title IX--Dam Safety. This title would reauthorize
the national dam safety program operated by FEMA. Under the
bill, FEMA would also be directed to implement a public
awareness and dam safety education program focusing on disaster
preparedness. Assuming appropriation of the amounts
specifically authorized in the bill, CBO estimates that
implementing this title would cost $63 million over the 2014-
2018 period.
Title XI--Extreme Weather. This title would
authorize the Corps to conduct watershed assessments in
disaster areas and to carry out water resources projects to
restore water infrastructure and natural features, such as
wetlands that help mitigate storm damages. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing this title would cost $100 million over the 2014-
2018 period.
Miscellaneous. Other costs would result from
provisions that would make minor changes to specific projects
and some process changes to Inland Waterways projects. Assuming
appropriation of the necessary amounts, CBO estimates that
those provisions would cost about $3 million over the 2014-2018
period.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact:
Mandates
S. 601 would impose intergovernmental and private-sector
mandates, as defined in UMRA, by authorizing the Corps of
Engineers to carry out watercraft inspections or other measures
to prevent the spread of invasive species. Public and private
entities would have to comply with requirements established by
the Corps. Because the number of affected entities and the cost
of compliance would probably be small, CBO expects that the
costs of the mandates would fall below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($75 million and $150 million in 2013, respectively,
adjusted annually for inflation).
Other Impacts
Water resource projects and activities authorized in the
bill would benefit state, local, and tribal governments.
Governments that chose to participate in programs or applied
for grants authorized by the bill could incur costs, but those
costs would be incurred voluntarily as conditions of federal
assistance.
Previous CBO estimate: On April 9, 2013, CBO transmitted a
cost estimate for S. 601, the Water Resources Development Act
of 2013, as ordered reported by the Senate Committee on
Environment and Public Works on March 20, 2013.
The two versions of S. 601 are the same except for
provisions in title X. In both versions of the bill, title X
would authorize the appropriation of $500 million for the Corps
and EPA to issue direct federal loans and loan guarantees to
support water infrastructure projects. The April 12, 2013,
version of the legislation, however, would preclude states and
other entities from obtaining any project financing by issuing
tax-exempt bonds. That change would have two budgetary
consequences compared with the cost estimate that CBO prepared
for the earlier version of the legislation. First, the staff of
the Joint Committee on Taxation estimates that enacting title X
of the April 12, 2013, version would have no impact on
revenues. Second, CBO's estimate of discretionary spending
under title X is lower than we estimated for the earlier
version. Under the new version of the bill, CBO estimates that
outlays for title X would be $220 million less over the 2015-
2018 period than under the earlier version because we expect
the demand for federal credit to be lower without the option of
using tax-exempt financing.
Estimate prepared by: Federal Spending: Aurora Swanson,
Susanne Mehlman, Sarah Puro, and Daniel Hoople; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1974
[42 U.S.C 1962d-16 PUBLIC LAW 93-251--MAR. 7, 1974]
SEC. 1962D-16. COMPREHENSIVE PLANS FOR DEVELOPMENT, UTILIZATION, AND
CONSERVATION OF WATER AND RELATED RESOURCES
(a) Federal State cooperation--
(1) Comprehensive plans--The Secretary of the Army,
acting through the Chief of Engineers, is authorized to
cooperate with any State or other stakeholder working
with a State in the preparation of comprehensive plans
for the development,utilization, and conservation of
the water and related resources of drainage basins,
watersheds, or ecosystems located within the boundaries
of such State , including plans to comprehensively
address water resources challenges, and to submit to
Congress reports and recommendations with respect to
appropriate Federal participation in carrying out such
plans.
(2) Technical assistance--
(A) In general.--At the request of a
governmental agency or non-Federal interest,
the Secretary may provide[, at Federal
expense,] technical assistance to such agency
or non-Federal interest in managing water
resources.
* * * * * * *
(b) Fees--
(1) Establishment and collection--For the purpose of
recovering 50 percent of the total cost of providing
assistance pursuant to [subsection (a)(1)] subsection
(a), the Secretary of the Army is authorized to
establish appropriate fees, as determined by the
Secretary, and to collect such fees from States and
other non-Federal public bodies to whom assistance is
provided under [subsection (a)(1)] subsection (a).
(2) Contributed funds.--The Secretary may accept and
expend funds in excess of the fees established under
paragraph (1) that are provided by a State or other
non-Federal public body for assistance under this
section.
[(2)] (3) In-kind services.--The non-Federal
contribution for preparation of a plan subject to the
cost sharing program under this subsection may be made
by the provision of services, materials, supplies, or
other in-kind services necessary to prepare the plan.
[(3)] (4) Deposit and use.--Fees collected under this
subsection shall be deposited into the account in the
Treasury of the United States entitled, "Contributions
and Advances, Rivers and Harbors, Corps of Engineers
(8862)" and shall be available until expended to carry
out this section.
(c) Authorization of Appropriations.--
(1) Federal and state cooperation.--There is
authorized to be appropriated not to exceed
[$10,000,000] $30,000,000 annually to carry out
subsection (a)(1), except that not more than
[$2,000,000]$5,000,000 in Federal funds shall be
expended in any one year in any one State.
(2) Technical assistance.--There is authorized to be
appropriated [$5,000,000] $15,000,000 annually to carry
out subsection (a)(2), of which not more than
$2,000,000 annually may be used by the Secretary to
enter into cooperative agreements with nonprofit
organizations to provide assistance to rural and small
communities.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1976
[42 U.S.C 1962d-5f PUBLIC LAW 94-587--OCT. 22 1976]
* * * * * * *
[SEC. 1962D-5F. BEACH NOURISHMENT
[The Secretary of the Army, acting through the Chief of
Engineers, is authorized to provide periodic beach nourishment
in the case of each water resources development project where
such nourishment has been authorized for a limited period for
such additional period as he determines necessary but in no
event shall such additionalperiod extend beyond the fiftieth
year which begins after the date of initiation of construction
of such project.]
SEC. 156. BEACH NOURISHMENT.
(a) In General.--The Secretary of the Army, acting through
the Chief of Engineers, may provide periodic beach nourishment
for each water resources development project for which that
nourishment has been authorized for an additional period of
time, as determined by the Secretary, subject to the condition
that the additional period shall not exceed the later of--
(1) 50 years after the date on which the construction
of the project is initiated; or
(2) the date on which the last estimated periodic
nourishment for the project is to be carried out, as
recommended in the applicable report of the Chief of
Engineers.
``(b) Extension.--Before the end of the 50-year period
referred to in subsection (a)(1), the Secretary of the Army,
acting through the Chief of Engineers--
(1) may, at the request of the non-Federal interest
and subject to the availability of appropriations,
carry out a review of a nourishment project carried out
under subsection (a) to evaluate the feasibility of
continuing Federal participation in the project for a
period not to exceed 15 years; and
(2) shall submit to Congress any recommendations of
the Secretary relating to the review.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1986
[33 U.S.C. 2309a; PUBLIC LAW 110-114--NOV. 8, 2007]
* * * * * * *
TITLE I--COST SHARING
SEC. 101. HARBORS.
(a) Constructon.--
(1) Payments during construction.-- * * *
* * * * * * *
(b) Operation and Maintenance.--
(1) In general.--The Federal share of the cost of
operation and maintenance of each navigation project
for a harbor or inland harbor constructed by the
Secretary pursuant to this Act or any other law
approved after the date of the enactment of this Act
shall be 100 percent, except that in the case of a
deep-draft harbor, the non-Federal interests shall be
responsible for an amount equal to 50 percent of the
excess of the cost of the operation and maintenance of
such project over the cost which the Secertary
determines would be incurred for operation and
maintenance of such project if such project had a depth
of [45 feet] 50 feet.
(2) Dredged material disposal facilities.--The
Federal share of the cost of constructing land-based
and aquatic dredged material disposal facilities that
are necessary for the disposal of dredged material
required for the operation and maintenance of a project
and for which a contract for construction has not been
awarded on or before the date of the enactment of this
paragraph shall be determined in accordance with
subsection (a). The Federal share of operating and
maintaining such facilities shall be determined in
accordance with paragraph (1).
(3) Operation and maintenance activities defined.--
(A) Scope of operation and maintenance
activities.--Notwithstanding any other
provision of law (including regulations and
guidelines) and subject to subparagraph (B),
for purposes of this subsection, operation and
maintenance activities that are eligible for
the Federal cost share under paragraph (1)
shall include--
(i) the dredging of berths in a
harbor that is accessible to a Federal
channel, if the Federal channel has
been constructed to a depth equal to
the authorized depth of the channel;
and
(ii) the dredging and disposal of
legacy-contaminated sediments and
sediments unsuitable for ocean disposal
that--
(I) are located in or affect
the maintenance of Federal
navigation channels; or
(II) are located in berths
that are accessible to Federal
channels.
(B) Limitations.--
(i) In general.--For each fiscal
year, subparagraph (A) shall only apply
if all operation and maintenance
activities that are eligible for the
Federal cost share under paragraph (1)
in a State described in clause (ii)
have been funded.
(ii) State limitation.--For each
fiscal year, the operation and
maintenance activities described in
subparagraph (A) may only be carried
out in a State--
(I) in which the total
amounts collected pursuant to
section 4461 of the Internal
Revenue Code of 1986 comprise
not less than 2.5 percent
annually of the total funding
of the Harbor Maintenance Trust
Fund established under section
9505 of the Internal Revenue
Code of 1986; and
(II) that received less than
50 percent of the total amounts
collected in that State
pursuant to section 4461 of the
Internal Revenue Code of 1986
in the previous 3 fiscal years.
(iii) Prioritization.--In allocating
amounts made available under this
paragraph, the Secretary shall give
priority to projects that have received
the lowest rate of funding from the
Harbor Maintenance Trust fund in the
previous 3 fiscal years.
* * * * * * *
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) Trust Fund.--There are authorized to be appropriated out
of the Harbor Maintenance Trust Fund, established by section
9505 of the Internal Revenue Code of 1954, for each fiscal year
such sums as may be necessary to pay--
(1) 100 percent of the eligible operations and
maintenance costs of those portions of the Saint
Lawrence Seaway operated and maintained by the Saint
Lawrence Seaway Development Corporation for such fiscal
year; and
(2) up to 100 percent of the eligible operations and
maintenance costs assigned to commercial navigation of
all harbors and inland harbors within the United
States.
(b) General Fund.--There are authorized to be appropriated
out of the general fund of the Treasury of the United States
for each fiscal year such sums as may be necessary to pay the
balance of all eligible operations and maintenance costs not
provided by payments from the Harbor Maintenance Trust Fund
under this section.
(c) Prioritization.--
(1) In general.--Of the amounts made available under
this section to carry out projects described in
subsection (a)(2), the Secretary of the Army, acting
through the Chief of Engineers, shall give priority to
those projects in the following order:
(A) In any fiscal year in which all projects
subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal
Regulations (or successor regulation) are not
maintained to their authorized width and depth,
the Secretary shall prioritize amounts made
available under this section for those projects
that are high-use deep draft.
(B) In any fiscal year in which the projects
described in subparagraph (A) are maintained to
their constructed width and depth as of the
date of enactment of the Water Resources
Development Act of 2013, the Secretary shall
prioritize not more than 20 percent of
remaining amounts made available under this
section for projects--
(i) that have been maintained at less
than their authorized width and depth
during the preceding 5 fiscal years;
and
(ii) for which significant State and
local investments in infrastructure
have been made at those projects.
(2) Administration.--For purposes of this subsection,
State and local investments in infrastructure shall
include infrastructure investments made using amounts
made available for activities under section 105(a)(9)
of the Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)).
(3) Application.--The prioritization criteria under
paragraph (1) shall not be implemented in any fiscal
year in which the guarantee in section 8003 of the
Water Resources Development Act of 2013 is not fully
enforced.
* * * * * * *
[33 U.S.C. 2251; PUBLIC LAW 99-662--NOV. 17, 1986]
SEC. 302. INLAND WATERWAYS USERS BOARD.
(a) Establishment of Users Board.-- * * *
* * * * * * *
[(b) Duties.--The Users Board shall meet at least semi-
annually to develop and make recommendations to the Secretary
regarding construction and rehabilitation priorities and
spending levels on the commercial navigational features and
components of the inland waterways and inland harbors of the
United States for the following fiscal years. Any advice or
recommendation made by the Users Board to the Secretary shall
reflect the independent judgment of the Users Board.
Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C.
1113 note; 109 Stat. 734), the Users Board shall, by December
31, 1987, and annually thereafter file such recommendations
with the Secretary and with the Congress.]
(b) Duties of Users Board.--
(1) In general.--The Users Board shall meet not less
frequently than semiannually to develop and make
recommendations to the Secretary and Congress regarding
the inland waterways and inland harbors of the United
States.
(2) Advice and recommendations.--For commercial
navigation features and components of the inland
waterways and inland harbors of the United States, the
Users Board shall provide--
(A) prior to the development of the budget
proposal of the President for a given fiscal
year, advice and recommendations to the
Secretary regarding construction and
rehabilitation priorities and spending levels;
(B) advice and recommendations to Congress
regarding any report of the Chief of Engineers
relating to those features and components;
(C) advice and recommendations to Congress
regarding an increase in the authorized cost of
those features and components;
(D) not later than 60 days after the date of
the submission of the budget proposal of the
President to Congress, advice and
recommendations to Congress regarding
construction and rehabilitation priorities and
spending levels; and
(E) a long-term capital investment program in
accordance with subsection (d).
(3) Project development teams.--The chairperson of
the Users Board shall appoint a representative of the
Users Board to serve on the project development team
for a qualifying project or the study or design of a
commercial navigation feature or component of the
inland waterways and inland harbors of the United
States.
(4) Independent judgment.--Any advice or
recommendation made by the Users Board to the Secretary
shall reflect the independent judgment of the Users
Board.
(c) Duties of Secretary.--The Secretary shall--
(1) communicate not less than once each quarter to
the Users Board the status of the study, design, or
construction of all commercial navigation features or
components of the inland waterways or inland harbors of
the United States; and
(2) submit to the Users Board a courtesy copy of all
reports of the Chief of Engineers relating to a
commercial navigation feature or component of the
inland waterways or inland harbors of the United
States.
(d) Capital Investment Program.--
(1) In general.--Not later than 1 year after the date
of enactment of this subsection, the Secretary, in
coordination with the Users Board, shall develop, and
submit to Congress a report describing, a 20-year
program for making capital investments on the inland
and intracoastal waterways, based on the application of
objective, national project selection prioritization
criteria.
(2) Consideration.--In developing the program under
paragraph (1), the Secretary shall take into
consideration the 20-year capital investment strategy
contained in the Inland Marine Transportation System
(IMTS) Capital Projects Business Model, Final Report
published on April 13, 2010, as approved by the Users
Board.
(3) Criteria.--In developing the plan and
prioritization criteria under paragraph (1), the
Secretary shall ensure, to the maximum extent
practicable, that investments made under the 20-year
program described in paragraph (1)--
(A) are made in all geographical areas of the
inland waterways system; and
(B) ensure efficient funding of inland
waterways projects.
(4) Strategic review and update.--Not later than 5
years after the date of enactment of this subsection,
and not less frequently than once every 5 years
thereafter, the Secretary, in conjunction with the
Users Board, shall--
(A) submit to Congress a strategic review of
the 20-year program in effect under this
subsection, which shall identify and explain
any changes to the project-specific
recommendations contained in the previous 20-
year program (including any changes to the
prioritization criteria used to develop the
updated recommendations); and
(B) make such revisions to the program as the
Secretary and Users Board jointly consider to
be appropriate.
(e) Project Management Plans.--The chairperson of the Users
Board and the project development team member appointed by the
chairperson under subsection (b)(3) shall sign the project
management plan for the qualifying project or the study or
design of a commercial navigation feature or component of the
inland waterways and inland harbors of the United States.
[(c)] (f) Administration.--The Users Board shall be subject
to the Federal Advisory Committee Act, 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. 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.
* * * * * * *
SEC. 905. FEASIBILITY REPORTS.
(a) Preparation of Reports.--
(1) In general.-- * * *
* * * * * * *
(g) Detailed Project Schedule.--
(1) In general.--Not later than 180 days after the
date of enactment of this subsection, the Secretary
shall determine a set of milestones needed for the
completion of a feasibility study under this
subsection, including all major actions, report
submissions and responses, reviews, and comment
periods.
(2) Detailed project schedule milestones.--Each
District Engineer shall, to the maximum extent
practicable, establish a detailed project schedule,
based on full funding capability, that lists all
deadlines for milestones relating to feasibility
studies in the District developed by the Secretary
under paragraph (1).
(3) Non-federal interest notification.--Each District
Engineer shall submit by certified mail the detailed
project schedule under paragraph (2) to each relevant
non-Federal interest--
(A) for projects that have received funding
from the General Investigations Account of the
Corps of Engineers in the period beginning on
October 1, 2009, and ending on the date of
enactment of this section, not later than 180
days after the establishment of milestones
under paragraph (1); and
(B) for projects for which a feasibility
cost-sharing agreement is executed after the
establishment of milestones under paragraph
(1), not later than 90 days after the date on
which the agreement is executed.
(4) Congressional and public notification.--Beginning
in the first full fiscal year after the date of
enactment of this Act, the Secretary shall--
(A) submit an annual report that lists all
detailed project schedules under paragraph (2)
and an explanation of any missed deadlines to
the Committee on Environment and Public Works
of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives; and
(B) make publicly available, including on the
Internet, a copy of the annual report described
in subparagraph (A) not later than 14 days
after date on which a report is submitted to
Congress.
(5) Failure to act.--If a District Engineer fails to
meet any of the deadlines in the project schedule under
paragraph (2), the District Engineer shall--
(A) not later than 30 days after each missed
deadline, submit to the non-Federal interest a
report detailing--
(i) why the District Engineer failed
to meet the deadline; and
(ii) a revised project schedule
reflecting amended deadlines for the
feasibility study; and
(B) not later than 30 days after each missed
deadline, make publicly available, including on
the Internet, a copy of the amended project
schedule described in subparagraph (A)(ii).
* * * * * * *
SEC. 906. FISH AND WILDLIFE MITIGATION.
(a)(1) * * *
* * * * * * *
(d) Mitigation Plans as Part of Project Proposals.--
(1) In general.--After November 17, 1986, the
Secretary shall not submit any proposal for the
authorization of any water resources project to
Congress in any report, and shall not select a project
alternative in any report, unless such report contains
(A) a recommendation with a specific plan to mitigate
for damages to ecological resources, including
terrestrial and aquatic resources, and fish and
wildlife losses created by such project, or (B) a
determination by the Secretary that such project will
have negligible adverse impact on ecological resources
and fish and wildlife. Specific mitigation plans shall
ensure that impacts to bottomland hardwood forests are
mitigated in-kind, and other habitat types are
mitigated to not less than in-kind conditions, to the
extent possible. 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. In carrying out this subsection,
the Secretary shall consult with appropriate Federal
and non-Federal agencies without the implementation of
mitigation measures.
* * * * * * *
(3) Mitigation requirements.--
(A) In general.--To mitigate losses to flood
damage reduction capabilities and fish and
wildlife resulting from a water resources
project, the Secretary shall ensure that the
mitigation plan for each water resources
project complies with, at a minimum, the
mitigation standards and policies established
pursuant to the regulatory programs
administered by the Secretary.
(B) Inclusions.--A specific mitigation plan
for a water resources project under paragraph
(1) shall include, at a minimum--
(i) a plan for monitoring the
implementation and ecological success
of each mitigation measure, including
the cost and duration of any
monitoring, and, to the extent
practicable, a designation of the
entities that will be responsible for
the monitoring;
(ii) the criteria for ecological
success by which the mitigation will be
evaluated and determined to be
successful based on replacement of lost
functions and values of the habitat,
including hydrologic and vegetative
characteristics;
(iii) for projects where mitigation
will be carried out by the Secretary--
(I) a description of the land
and interest in land to be
acquired for the mitigation
plan;
(II) the basis for a
determination that the land and
interests are available for
acquisition; and
(III) a determination that
the proposed interest sought
does not exceed the minimum
interest in land necessary to
meet the mitigation
requirements for the project;
(iv) for projects where mitigation
will be carried out through a third
party mitigation arrangement in
accordance with subsection (i)--
(I) a description of the
third party mitigation
instrument to be used; and
(II) the basis for a
determination that the
mitigation instrument can meet
the mitigation requirements for
the project;
[(iii) a description of the land and
interests in land to be acquired for
the mitigation plan and the basis for a
determination that the land and
interests are available for
acquisition;]
[(iv)] (v) a description of--
(I) the types and amount of
restoration activities to be
conducted;
(II) the physical action to
be undertaken to achieve the
mitigation objectives within
the watershed in which such
losses occur and, in any case
in which the mitigation will
occur outside the watershed, a
detailed explanation for
undertaking the mitigation
outside the watershed; and
(III) the functions and
values that will result from
the mitigation plan; and
[(v)] (vi) a contingency plan for
taking corrective actions in cases in
which monitoring demonstrates that
mitigation measures are not achieving
ecological success in accordance with
criteria under clause (ii).
(C) Responsibility for monitoring.--In any
case in which it is not practicable to identify
in a mitigation plan for a water resources
project the entity responsible for monitoring
at the time of a final report of the Chief of
Engineers or other final decision document for
the project, such entity shall be identified in
the partnership agreement entered into with the
non-Federal interest under section 221 of Flood
Control Act of 1970 (42 U.S.C. 1962d-5b).
* * * * * * *
(g) The provisions of subsections (a), (b), and (d) shall
be deemed to supplement the responsibility and authority of the
Secretary pursuant to the Fish and Wildlife Coordination Act,
and nothing in this section is intended to affect that Act.
(h) Programmatic Mitigation Plans.--
(1) In general.--The Secretary may develop 1 or more
programmatic mitigation plans to address the potential
impacts to ecological resources, fish, and wildlife
associated with existing or future water resources
development projects.
(2) Use of mitigation plans.--The Secretary shall, to
the maximum extent practicable, use programmatic
mitigation plans developed in accordance with this
subsection to guide the development of a mitigation
plan under subsection (d).
(3) Non-federal plans.--The Secretary shall, to the
maximum extent practicable and subject to all
conditions of this subsection, use programmatic
environmental plans developed by a State, a body
politic of the State, which derives its powers from a
State constitution, a government entity created by
State legislation, or a local government, that meet the
requirements of this subsection to address the
potential environmental impacts of existing or future
water resources development projects.
(4) Scope.--A programmatic mitigation plan developed
by the Secretary or an entity described in paragraph
(3) to address potential impacts of existing or future
water resources development projects may--
(A) be developed on a regional, ecosystem,
watershed, or statewide scale;
(B) encompass multiple environmental
resources within a defined geographical area or
focus on a specific resource, such as aquatic
resources or wildlife habitat; and
(C) address impacts from all projects in a
defined geographical area or focus on a
specific type of project.
(5) Consultation.--The scope of the plan shall be
determined by the Secretary or an entity described in
paragraph (3), as appropriate, in consultation with the
agency with jurisdiction over the resources being
addressed in the environmental mitigation plan.
(6) Contents.--A programmatic environmental
mitigation plan may include--
(A) an assessment of the condition of
environmental resources in the geographical
area covered by the plan, including an
assessment of recent trends and any potential
threats to those resources;
(B) an assessment of potential opportunities
to improve the overall quality of environmental
resources in the geographical area covered by
the plan through strategic mitigation for
impacts of water resources development
projects;
(C) standard measures for mitigating certain
types of impacts;
(D) parameters for determining appropriate
mitigation for certain types of impacts, such
as mitigation ratios or criteria for
determining appropriate mitigation sites;
(E) adaptive management procedures, such as
protocols that involve monitoring predicted
impacts over time and adjusting mitigation
measures in response to information gathered
through the monitoring;
(F) acknowledgment of specific statutory or
regulatory requirements that must be satisfied
when determining appropriate mitigation for
certain types of resources; and
(G) any offsetting benefits of self-
mitigating projects, such as ecosystem or
resource restoration and protection.
(7) Process.--Before adopting a programmatic
environmental mitigation plan for use under this
subsection, the Secretary shall--
(A) for a plan developed by the Secretary--
(i) make a draft of the plan
available for review and comment by
applicable environmental resource
agencies and the public; and
(ii) consider any comments received
from those agencies and the public on
the draft plan; and
(B) for a plan developed under paragraph (3),
determine, not later than 180 days after
receiving the plan, whether the plan meets the
requirements of paragraphs (4) through (6) and
was made available for public comment.
(8) Integration with other plans.--A programmatic
environmental mitigation plan may be integrated with
other plans, including watershed plans, ecosystem
plans, species recovery plans, growth management plans,
and land use plans.
(9) Consideration in project development and
permitting.--If a programmatic environmental mitigation
plan has been developed under this subsection, any
Federal agency responsible for environmental reviews,
permits, or approvals for a water resources development
project may use the recommendations in that
programmatic environmental mitigation plan when
carrying out the responsibilities of the agency under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(10) Preservation of existing authorities.--Nothing
in this subsection limits the use of programmatic
approaches to reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(i) Third-party Mitigation Arrangements.--
(1) Eligible activities.--In accordance with all
applicable Federal laws (including regulations),
mitigation efforts carried out under this section may
include--
(A) participation in mitigation banking or
other third-party mitigation arrangements, such
as--
(i) the purchase of credits from
commercial or State, regional, or local
agency-sponsored mitigation banks; and
(ii) the purchase of credits from in-
lieu fee mitigation programs; and
(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and
create natural habitats and wetlands.
(2) Inclusion of other activities.--The banks,
programs, and efforts described in paragraph (1)
include any banks, programs, and efforts developed in
accordance with applicable law (including regulations).
(3) Terms and conditions.--In carrying out natural
habitat and wetlands mitigation efforts under this
section, contributions to the mitigation effort may--
(A) take place concurrent with, or in advance
of, the commitment of funding to a project; and
(B) occur in advance of project construction
only if the efforts are consistent with all
applicable requirements of Federal law
(including regulations) and water resources
development planning processes.
(4) Preference.--At the request of the non-Federal
project sponsor, preference may be given, to the
maximum extent practicable, to mitigating an
environmental impact through the use of a mitigation
bank, in-lieu fee, or other third-party mitigation
arrangement, if the use of credits from the mitigation
bank or in-lieu fee, or the other third-party
mitigation arrangement for the project has been
approved by the applicable Federal agency.
(j) Use of Funds.--The Secretary may use funds made available
for preconstruction engineering and design prior to
authorization of project construction to acquire interests in
land necessary for meeting the mitigation requirements of this
section.
* * * * * * *
TITLE X--PROJECT DEAUTHORIZATION
Sec. 1001. [33 U.S.C. 579a] (a) Any project authorized for
construction by this Act shall not be authorized after the last
day of the 5-year period beginning on the date of enactment of
this Act unless during such period funds have been obligated
for construction, including planning and designing, of such
project.
(b)(1) Not later than one year after the date of enactment of
this Act, the Secretary shall transmit to Congress a list of
unconstructed projects, or unconstructed separable elements of
projects, which have been authorized, but have received no
obligations during the 10 full fiscal years preceding the
transmittal of such list. A project or separable element
included in such list is not authorized after December 31,
1989, if the funds have not been obligated for construction of
such project or element after the date of enactment of this Act
and before December 31, 1989.
[(2) Notwithstanding section 3003 of Public Law 104-66 (31
U.S.C. 1113 note; 109 Stat. 734), every year after the
transmittal of the list under paragraph (1), the Secretary
shall transmit to Congress a list of projects or separable
elements of projects which have been authorized, but have
received no obligations during the 5 full fiscal years
preceding the transmittal of such list. Upon submission of such
list to Congress, the Secretary shall notify each Senator in
whose State, and each Member of the House of Representatives in
whose district, a project (including any part thereof) on such
list would be located. A project or separable element included
in such list is not authorized after the date which is the last
date of the fiscal year following the fiscal year in which the
list is so transmitted if funds have not been obligated for the
planning, design, or construction of such project or element
during such period.]
(2) List of projects.--
(A) In general.--Notwithstanding section 3003
of Public Law 104-66 (31 U.S.C. 1113 note; 109
Stat. 734), each year, after the submission of
the list under paragraph (1), the Secretary
shall submit to Congress a list of projects or
separable elements of projects that have been
authorized but that have received no
obligations during the 5 full fiscal years
preceding the submission of that list.
(B) Additional notification.--On submission
of the list under subparagraph (A) to Congress,
the Secretary shall notify--
(i) each Senator in whose State and
each Member of the House of
Representatives in whose district a
project (including any part of a
project) on that list would be located;
and
(ii) each applicable non-Federal
interest associated with a project
(including any part of a project) on
that list.
(C) Deauthorization.--A project or separable
element included in the list under subparagraph
(A) is not authorized after the last date of
the fiscal year following the fiscal year in
which the list is submitted to Congress, if
funding has not been obligated for the
planning, design, or construction of the
project or element of the project during that
period.
(3) Minimum funding list.--At the end of each fiscal
year, the Secretary shall submit to Congress a list
of--
(A) projects or separable elements of
projects authorized for construction for which
funding has been obligated in the 5 previous
fiscal years;
(B) the amount of funding obligated per
fiscal year;
(C) the current phase of each project or
separable element of a project; and
(D) the amount required to complete those
phases.
(4) Report.--
(A) In general.--Not later than 180 days
after the date of enactment of the Water
Resources Development Act of 2013, the
Secretary shall compile and publish a complete
list of all uncompleted, authorized projects of
the Corps of Engineers, including for each
project on that list--
(i) the original budget authority for
the project;
(ii) the status of the project;
(iii) the estimated date of
completion of the project;
(iv) the estimated cost of completion
of the project; and
(v) any amounts for the project that
remain unobligated.
(B) Publication.--
(i) In general.--The Secretary shall
submit a copy of the list under
subparagraph (A) to--
(I) the appropriate
committees of Congress; and
(II) the Director of the
Office of Management and
Budget.
(ii) Public availability.--Not later
than 30 days after providing the report
to Congress under clause (i), the
Secretary shall make a copy of the list
available on a publicly accessible
Internet site, in a manner that is
downloadable, searchable, and sortable.
* * * * * * *
[33 U.S.C 2309a(d) PUBLIC LAW 104-303--OCT. 12, 1996]
SEC. 2309A. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT
(a) Determination of need-- * * *
* * * * * * *
(d) Non-Federal share; limitation on maximum Federal
expenditure--
The non-Federal share of the cost of any modifications or
measures carried out or undertaken pursuant to subsection (b)
or (c) of this section shall be 25 percent. [Not more than 80
percent of the non-Federal share may be] The non-Federal share
may be provided in kind, including a facility, supply, or
service that is necessary to carry out the modification or
measure. Not more than [$5,000,000] $10,000,000 in Federal
funds may be expended on any single modification or measure
carried out or undertaken pursuant to this section.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1990
[33 U.S.C. 2321; PUBLIC LAW 110-114--NOV. 8, 2007]
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1990''.
* * * * * * *
(b) Table of Contents.--
TITLE III--GENERALLY APPLICABLE PROVISIONS
Sec. 314. [Operation and Maintenance of hydroelectric facilities]
Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.
* * * * * * *
[SEC. 2321. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES--]
SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.
[Activities currently performed]
(a) In General.--Activities currently performed by personnel
under the direction of the Secretary in connection with the
operation and maintenance of navigation or hydroelectric power
generating facilities at Corps of Engineers water resources
projects are to be considered as inherently governmental
functions and not commercial activities. [This section]
(b) Major Maintenance Contracts Allowed.--This section; does
not prohibit contracting out major maintenance or other
functions which are currently contracted out or studying
services not directly connected with project maintenance and
operations.
(c) Exclusion.--This section shall not--
(1) apply to those navigation facilities that have
been or are currently under contract with a non-Federal
interest to perform operations and maintenance as of
the date of enactment of the Water Resources
Development Act of 2013; and
(2) prohibit the Secretary from contracting out
future commercial activities at those navigation
facilities.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1992
[33 U.S.C. 2326; PUBLIC LAW 110-161--DEC. 26, 2007]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1992''.
* * * * * * *
TITLE II--GENERALLY APPLICABLE PROVISIONS
* * * * * * *
SEC. 203. VOLUNTARY CONTRIBUTIONS FOR ENVIRONMENTAL AND RECREATION
PROJECTS.
(a) Acceptance.-- * * *
* * * * * * *
SEC. 204. REGIONAL SEDIMENT MANAGEMENT.
(a) In General.--
(1) Sediment use.--
For sediment obtained through or used the construction,
operation, or maintenance of an authorized Federal water
resources project, the Secretary shall develop, at Federal
expense, regional sediment management plans and carry out
projects at locations identified in plans developed under this
section, or identified jointly by the non-Federal interest and
the Secretary, for use in the construction, repair,
modification, or rehabilitation of projectsassociated with
Federal water resources projects for purposes listed in
paragraph (3).
(2) Cooperation.--
The Secretary shall develop plans under this subsection in
cooperation with the appropriate Federal, State, regional, and
local agencies.
(3) Purposes for sediment use in projects.--
The purposes of using sediment for the construction, repair,
modification, or rehabilitation of Federal water resources
projects are -
(A) to reduce storm damage to property;
(B) to protect, restore, and create aquatic
and ecologically related habitats, including
wetlands; and
(C) to transport and place suitable sediment
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.
* * * * * * *
(c) Determination of Project Costs.--
(1) Costs of construction.--
(A) In general.--Costs associated with
construction of a project under this section or
identified in a regional sediment management
plan shall be limited solely to construction
costs that are in excess of the costs necessary
to carry out the dredging for construction,
operation, or maintenance of an authorized
Federal water resources project in the most
cost-effective way, consistent with economic,
engineering, and environmental criteria.
(B) Cost sharing.--
(i) In general.--Except as provided
in [clause (ii)] clauses (ii) and
(iii), the non-Federal share of the
construction cost of a project 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).
(ii) Reduction in non-federal
share.--The Secretary may reduce the
non-Federal share of the costs of
construction of a project if the
Secretary determines that, through the
beneficial use of sediment at another
Federal project, there will be an
associated reduction or avoidance of
Federal costs.
[(ii)] (iii) Special rule.--
Construction of a project under this
section for one or more of the purposes
of protection, restoration, or creation
of aquatic and ecologically related
habitat, the cost of which does not
exceed $750,000 and which is located in
a disadvantaged community as determined
by the Secretary, may be carried out at
Federal expense.
(C) Total cost.--The total Federal costs
associated with construction of a project under
this section may not exceed [$5,000,000]
$10,000,000.
* * * * * * *
[(d) Selection of dredged material disposal method for
environmental purposes]
(d) Selection of Dredged Material Disposal Method for
Purposes Related to Environmental Restoration or Storm Damage
and Flood Reduction.--
(1) In general.--
In developing and carrying out a Federal water resources
project involving the disposal of dredged material, the
Secretary may select, with the consent of the non-Federal
interest, a disposal method that is not the least cost option
if the Secretary determines that the incremental costs of the
disposal method are reasonable [in relation to the
environmental benefits, including the benefits to the aquatic
environment to be derived from the creation of wetlands and
control of shoreline erosion.] in relation to--
(A) the environmental benefits, including the
benefits to the aquatic environment to be
derived from the creation of wetlands and
control of shoreline erosion; or
(B) the flood and storm damage and flood
reduction benefits, including shoreline
protection, protection against loss of life,
and damage to improved property.
* * * * * * *
(e) State and regional plans.--
The Secretary may--
[(1) cooperate with any State in the preparation of a
comprehensive State or regional sediment management
plan within the boundaries of the State;]
(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;
* * * * * * *
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$30,000,000]
$50,000,000 per fiscal year, of which not more than $5,000,000
per fiscal year may be used for the development of regional
sediment management plans authorized by subsection (e) and of
which not more than $3,000,000 per fiscal year may be used for
construction of projects to which subsection (c)(1)(B)(ii)
applies. Such funds shall remain available until expended.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 1996
[33 U.S.C. 2330(d); PUBLIC LAW 111-85--OCT. 28, 2009]
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1996''.
* * * * * * *
SEC. 206. AQUATIC ECOSYSTEM RESTORATION.
(a) General Authority.--
(1) In general.-- * * *
* * * * * * *
(d) Cost Limitation.--Not more than [$5,000,000] $10,000,000
in Federal funds may be allotted under this section for a
project at any single locality.
* * * * * * *
SEC. 211. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL
INTERESTS.
(a) Authority.-- * * *
* * * * * * *
(e) Reimbursement.--
(1) General rule.-- * * *
* * * * * * *
(2) Special rules.--
(A) Reimbursement or credit.-- * * *
* * * * * * *
(C) Studies or other projects.--On the
request of a non-Federal interest, in lieu of
reimbursing a non-Federal interest the amount
equal to the estimated Federal share of the
cost of an authorized flood damage reduction
project or a separable element of an authorized
flood damage reduction project under this
subsection that has been constructed by the
non-Federal interest under this section as of
the date of enactment of this Act, the
Secretary may provide the non-Federal interest
with a credit in that amount, which the non-
Federal interest may apply to the share of the
cost of the non-Federal interest of carrying
out other flood damage reduction projects or
studies.
* * * * * * *
SEC. 234. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
(a) In General.--The Secretary may engage in activities
(including contracting) in support of [other Federal agencies,]
Federal departments or agencies, nongovernmental
organizations,Federal international organizations, or foreign
governments to address problems of national significance to the
United States.
(b) Consultation.--The Secretary may engage in activities in
support of international organizations or foreign governments
only after consulting with the Department of State.
(c) Use of Corps' Expertise.--The Secretary may use the
technical and managerial expertise of the Corps of Engineers to
address domestic and international problems related to water
resources, infrastructure development, and environmental
protection and restoration.
(d) Funding.--[There is] (1) In general.--There is authorized
to be appropriated to carry out this section $1,000,000 for
fiscal year [2008] 2014 and each fiscal year thereafter. [The
Secretary]
(2) Acceptance of funds.--The Secretary may accept
and expend additional funds from [other Federal
agencies] Federal departments or agencies,
nongovernmental organizations, international
organizations, or foreign governments to carry out this
section.
* * * * * * *
SEC. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1)(1) In general.--The Secretary shall establish a
[pilot program]program to provide environmental
assistance to non-Federal interests in the basin States
described in subsection (f) and the District of
Columbia in the Chesapeake Bay watershed.
[(2) Form.--The assistance shall be in the form of
design and construction assistance for water-related
environmental infrastructure and resource protection
and development projects affecting the Chesapeake Bay
estuary, including projects for sediment and erosion
control, protection of eroding shorelines, protection
of essential public works, wastewater treatment and
related facilities, water supply and related
facilities, beneficial uses of dredged material, and
restoration of submerged aquatic vegetation, and other
related projects that may enhance the living resources
of the estuary.]
(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.
[(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned, and will be publicly operated and
maintained.]
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the
date of enactment of the Water Resources Development
Act of 2013, the Secretary, in cooperation with State
and local governmental officials and affected
stakeholders, shall develop a comprehensive Chesapeake
Bay restoration plan to guide the implementation of
projects under subsection (a)(2).
(2) Coordination.--The restoration plan described in
paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or
planned actions of other Federal, State, and local
agencies and nongovernmental organizations.
(3) Prioritization.--The restoration plan described
in paragraph (1) shall give priority to projects
eligible under subsection (a)(2) that will also improve
water quality or quantity or use natural hydrological
features and systems.
(4) Administration.--The Federal share of the costs
of carrying out paragraph (1) shall be 75 percent.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under
this section, the Secretary shall enter into a local
cooperation agreement with a non-Federal interest [to
provide for design and construction of the project to
be carried out with the assistance.] for the design and
construction of a project carried out pursuant to the
comprehensive Chesapeake Bay restoration plan described
in subsection (b).
(2) Requirements.--Each local cooperation agreement
entered into under this subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State,
and local officials, of a [facilities or
resource protection and development plan]
resource protection and restoration plan,
including appropriate engineering plans and
specifications and an estimate of expected
resource benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to
ensure the effective long-term operation and
maintenance of the project by the non-Federal
interest.
(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.
* * * * * * *
[(e) Cooperation.--In carrying out this section, the
Secretary shall cooperate with the heads of appropriate Federal
agencies, including--
[(1) the Administrator of the Environmental
Protection Agency;
[(2) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
[(3) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
[(4) the heads of such other Federal agencies and
agencies of a State or political subdivision of a State
as the Secretary determines to be appropriate.]
(e) Cooperation.--In carrying out this section, the Secretary
shall cooperate with--
(1) the heads of appropriate Federal agencies,
including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through
the Administrator of the National Oceanographic
and Atmospheric Administration;
(C) the Secretary of the Interior, acting
through the Director of the United States Fish
and Wildlife Service; and
(D) the heads of such other Federal agencies
as the Secretary determines to be appropriate;
and
(2) agencies of a State or political subdivision of a
State, including the Chesapeake Bay Commission.
[(f) Project.--The Secretary shall establish at least 1
project under this section in each of the States of Maryland,
Virginia, and Pennsylvania.]
(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.
* * * * * * *
[(h) Report.--Not later than December 31, 1998, the Secretary
shall transmit to Congress a report on the results of the
program carried out under this section, together with a
recommendation concerning whether or not the program should be
implemented on a national basis.]
[(i)] (h) Authorization of Appropriations..--There is
authorized to be appropriated to carry out this section
$10,000,000.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 2000
[33 U.S.C. 2269; PUBLIC LAW 111-315--DEC. 18, 2010]
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) * * *
(b) Program.--
(1) In general.--In cooperation with Indian tribes
and the heads of other Federal agencies, the Secretary
may carry out water-related planning activities and
study and determine the feasibility of carrying out
water resources development projects that--
(A) * * *
* * * * * * *
(d) Cost sharing.--
(1) Ability to pay
(A) * * *
* * * * * * *
(B) Use of procedures--
[The ability]
(i) In general.--The ability of a
non-Federal interest to pay shall be
determined by the Secretary in
accordance with procedures stablished
by the Secretary.
(ii) Determination.--Not later than
180 days after the date of enactment of
the Water Resources Development Act of
2013, the Secretary shall issue
guidance on the procedures described in
clause (i).
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out subsection (b) $5,000,000 for each
of fiscal years 2002 through [2012] 2023, of which not more
than $1,000,000 may be used with respect to any 1 Indian tribe.
* * * * * * *
SEC. 213.
(a) Conservation and Recreation Management--
To further training and educational opportunities [at] about
water resources development projects under the jurisdiction of
the Secretary, the Secretary may enter into cooperative
agreements with non-Federal public and nonprofit entities for
services relating to natural resources conservation or
recreation management.
* * * * * * *
SEC. 214. FUNDING TO PROCESS PERMITS.
(a) In General.-- * * *
* * * * * * *
[(d) Public Availability.--The Secretary shall ensure that
all final permit decisions carried out using funds authorized
under this section are made available to the public, including
on the Internet.
[(e) Duration of Authority.--The authority provided under
this section shall be in effect from October 1, 2000, through
December 31, 2016.]
(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. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION,
OREGON AND WASHINGTON
(a) In general.-- * * *
* * * * * * *
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$30,000,000.]
$75,000,000.
* * * * * * *
WATER RESOURCES DEVELOPMENT ACT OF 2007
[33 U.S.C. 2348; PUBLIC LAW 110-114--NOV. 8, 2007]
* * * * * * *
SECTION 1. [33 U.S.C. 2201 NOTE] SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.-- * * *
* * * * * * *
SEC. 2003. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.
(a) In General.-- * * *
* * * * * * *
(e) Applicability.--The amendments made by subsections (a),
(b), and (d) only apply to partnership agreements entered into
after the date of enactment of this Act; except that, at the
request of a non-Federal interest for a project, the district
engineer for the district in which the project is located may
amend a project partnership agreement entered into on or before
such date and under which construction on the project , or
construction of design deficiency corrections on the project,
has not been initiated as of such date of enactment for the
purpose of incorporating such amendments.
* * * * * * *
SEC. 2034. [33 U.S.C. 2343] INDEPENDENT PEER REVIEW.
(a) Project Studies Subject to Independent Peer Review.--
(1) In general.-- * * *
* * * * * * *
(b) Timing of Peer Review.--
(1) In general.--The Chief of Engineers shall
determine the timing of a peer review of a project
study under subsection (a). In all cases, the peer
review shall occur during the period beginning on the
date of the signing of the feasibility cost-sharing
agreement for the study and ending on the date
established under subsection (e)(1)(A) for the peer
review and shall be accomplished concurrent with the
conducting of the project study.
(2) Factors to consider.--In any case in which the
Chief of Engineers has not initiated a peer review of a
project study, the Chief of Engineers shall consider,
at a minimum, whether to initiate a peer review at the
time that--
(A) the without-project conditions are
identified;
(B) the array of alternatives to be
considered are identified; and
(C) the preferred alternative is identified.
(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.
[(3)] (4) Limitation on multiple peer review.--
Nothing in this subsection shall be construed to
require the Chief of Engineers to conduct multiple peer
reviews for a project study.
(c) Establishment of Panels.--
(1) In general.-- * * *
* * * * * * *
[(4) Congressional notification.--Upon identification
of a project study for peer review under this section,
but prior to initiation of the review, the Chief of
Engineers shall 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.]
(4) Congressional and public notification.--Following
the identification of a project study for peer review
under this section, but prior to initiation of the
review by the panel of experts, the Chief of Engineers
shall, not later than 7 days after the date on which
the Chief of Engineers determines to conduct a review--
(A) notify the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives of the review; and
(B) make publicly available, including on the
Internet, information on--
(i) the dates scheduled for beginning
and ending the review;
(ii) the entity that has the contract
for the review; and
(iii) the names and qualifications of
the panel of experts.
* * * * * * *
(f) Recommendations of Panel.--
(1) Consideration by the chief of engineers.--After
receiving a report on a project study from a panel of
experts under this section and before entering a final
record of decision for the project, the Chief of
Engineers shall consider any recommendations contained
in the report and prepare a written response for any
recommendations adopted or not adopted.
[(2) Public availability and transmittal to
congress.--After receiving a report on a project study
from a panel of experts under this section, the Chief
of Engineers shall--
[(A) make a copy of the report and any
written response of the Chief of Engineers on
recommendations contained in the report
available to the public by electronic means,
including the Internet; and
[(B) transmit 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 the
report, together with any such written
response, on the date of a final report of the
Chief of Engineers or other final decision
document for the project study.]
(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.
* * * * * * *
(h) Applicability.--This section shall apply to--
(1) project studies initiated during the 2-year
period preceding the date of enactment of this Act and
for which the array of alternatives to be considered
has not been identified; and
(2) project studies initiated during the period
beginning on such date of enactment and ending [7
years] 12 years after such date of enactment.
* * * * * * *
SEC. 2035. [33 U.S.C. 2344] SAFETY ASSURANCE REVIEW.
(a) Projects Subject to Safety Assurance Review.-- * * *
* * * * * * *
(f) Applicability.--This section shall apply to any project
in design or under construction on the date of enactment of
this Act and to any project with respect to which design or
construction is initiated during the period beginning on the
date of enactment of this Act and ending 7 years after such
date of enactment.
(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. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.
(a) Mitigation for Fish and Wildlife Losses.-- * * *
* * * * * * *
(b) Status Report.--
(1) In general.--Concurrent with the President's
submission to Congress of the President's request for
appropriations for the Civil Works Program for a fiscal
year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report on the status of
construction of projects that require mitigation under
section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283), the status of such mitigation,
and the results of the consultation under subsection
(d)(4)(B) of such section.
(2) Projects included.--The status report shall
include the status of--
(A) all projects that are under construction
as of the date of the report;
(B) all projects for which the President
requests funding for the next fiscal year; and
(C) all projects that have undergone or
completed construction, but have not completed
the mitigation required under section 906 of
the Water Resources Development Act of 1986.
(3) Information included.--In reporting the status of
all projects included in the report, the Secretary
shall--
(A) use a uniform methodology for determining
the status of all projects included in the
report;
(B) use a methodology that describes both a
qualitative and quantitative status for all
projects in the report; and
(C) provide specific dates for and
participants in the consultations required
under section 906(d)(4)(B) of the Water
Resources Development Act of 1986 (33 U.S.C.
2283(d)(4)(B)).
[(3)] (4) Availability of information.--The Secretary
shall make information contained in the status report
available to the public, including on the Internet.
* * * * * * *
SEC. 2037. REGIONAL SEDIMENT MANAGEMENT.
(b) Conforming Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Existing projects.--The Secretary may complete
any project being carried out under section 145 of the
Water Resources Development Act of 1976 on the day
before the date of enactment of this Act.
(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.
* * * * * * *
[SEC. 2045. [33 U.S.C. 2348] PROJECT STREAMLINING.
[(a) Policy.--The benefits of water resources projects are
important to the Nation's economy and environment, and
recommendations to Congress regarding such projects should not
be delayed due to uncoordinated or inefficient reviews or the
failure to timely resolve disputes during the development of
water resources projects.
[(b) Scope.--This section shall apply to each study initiated
after the date of enactment of this Act to develop a
feasibility report under section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282), or a reevaluation
report, for a water resources project if the Secretary
determines that such study requires an environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
[(c) Water Resources Project Review Process.--The Secretary
shall develop and implement a coordinated review process for
the development of water resources projects.
[(d) Coordinated Reviews.--The coordinated review process
under this section may provide that all reviews, analyses,
opinions, permits, licenses, and approvals that must be issued
or made by a Federal, State, or local government agency or
Indian tribe for the development of a water resources project
described in subsection (b) will be conducted, to the maximum
extent practicable, concurrently and completed within a time
period established by the Secretary in cooperation with the
agencies identified under subsection (e) with respect to the
project.
[(e) Identification of Jurisdictional Agencies.--With respect
to the development of each water resources project, the
Secretary shall identify, as soon as practicable, all Federal,
State, and local government agencies and Indian tribes that
may--
[(1) have jurisdiction over the project;
[(2) be required by law to conduct or issue a review,
analysis, or opinion for the project; or
[(3) be required to make a determination on issuing a
permit, license, or approval for the project.
[(f) State Authority.--If the coordinated review process is
being implemented under this section by the Secretary with
respect to the development of a water resources project
described in subsection (b) within the boundaries of a State,
the State, consistent with State law, may choose to participate
in the process and to make subject to the process all State
agencies that--
[(1) have jurisdiction over the project;
[(2) are required to conduct or issue a review,
analysis, or opinion for the project; or
[(3) are required to make a determination on issuing
a permit, license, or approval for the project.
[(g) Memorandum of Understanding.--The coordinated review
process developed under this section may be incorporated into a
memorandum of understanding for a water resources project
between the Secretary, the heads of Federal, State, and local
government agencies, Indian tribes identified under subsection
(e), and the non-Federal interest for the project.
[(h) Effect of Failure to Meet Deadline.--
[(1) Notification.--If the Secretary determines that
a Federal, State, or local government agency, Indian
tribe, or non-Federal interest that is participating in
the coordinated review process under this section with
respect to the development of a water resources project
has not met a deadline established under subsection (d)
for the project, the Secretary shall notify, within 30
days of the date of such determination, the agency,
Indian tribe, or non-Federal interest about the failure
to meet the deadline.
[(2) Agency report.--Not later than 30 days after the
date of receipt of a notice under paragraph (1), the
Federal, State, or local government agency, Indian
tribe, or non-Federal interest involved may submit a
report to the Secretary, explaining why the agency,
Indian tribe, or non-Federal interest did not meet the
deadline and what actions it intends to take to
complete or issue the required review, analysis, or
opinion or determination on issuing a permit, license,
or approval.
[(3) Report to congress.--Not later than 30 days
after the date of receipt of a report under paragraph
(2), the Secretary shall compile and submit a report to
the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the
Council on Environmental Quality, describing any
deadlines identified in paragraph (1), and any
information provided to the Secretary by the Federal,
State, or local government agency, Indian tribe, or
non-Federal interest involved under paragraph (2).
[(i) Limitations.--Nothing in this section shall preempt or
interfere with--
[(1) any statutory requirement for seeking public
comment;
[(2) any power, jurisdiction, or authority that a
Federal, State, or local government agency, Indian
tribe, or non-Federal interest has with respect to
carrying out a water resources project; or
[(3) any obligation to comply with the provisions of
the National Environmental Policy Act of 1969 and the
regulations issued by the Council on Environmental
Quality to carry out such Act.]
SEC. 2045. PROJECT ACCELERATION.
(a) Definitions.--In this section:
(1) Environmental impact statement.--The term
`environmental impact statement' means the detailed
statement of environmental impacts of water resources
projects required to be prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) Environmental review process.--
(A) In general.--The term `environmental
review process' means the process of preparing
an environmental impact statement,
environmental assessment, categorical
exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for a water resources project.
(B) Inclusions.--The term `environmental
review process' includes the process for and
completion of any environmental permit,
approval, review, or study required for a water
resources project under any Federal law other
than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Lead agency.--The term `lead agency' means the
Corps of Engineers and, if applicable, any State,
local, or tribal governmental entity serving as a joint
lead agency pursuant to this section.
(b) Policy.--The benefits of water resources projects are
important to the economy and environment of the United States,
and recommendations to Congress regarding those projects should
be accelerated by coordinated and efficient review and
cooperative efforts to prevent or quickly resolve disputes
during the development and implementation of those water
resources projects.
(c) Applicability.--
(1) In general.--The project development procedures
under this section apply to the development of projects
initiated after the date of enactment of the Water
Resources Development Act of 2013 and for which the
Secretary determines that--
(A) an environmental impact statement is
required; or
(B) at the discretion of the Secretary, other
water resources projects for which an
environmental review process document is
required to be prepared.
(2) Flexibility.--Any authorities granted in this
section may be exercised, and any requirements
established under this section may be satisfied, for
the development of a water resources project, a class
of those projects, or a program of those projects.
(3) List of water resources development projects.--
(A) In general.--The Secretary shall annually
prepare, and make publicly available, a
separate list of each study that the Secretary
has determined--
(i) meets the standards described in
paragraph (1); and
(ii) does not have adequate funding
to make substantial progress toward the
completion of the planning activities
for the water resources project.
(B) Inclusions.--The Secretary shall include
for each study on the list under subparagraph
(A) a description of the estimated amounts
necessary to make substantial progress on the
study.
(4) Implementation guidance.--The Secretary shall
prepare, in consultation with the Council on
Environmental Quality and other Federal agencies with
jurisdiction over actions or resources that may be
impacted by a water resources project, guidance
documents that describe the processes that the
Secretary will use to implement this section, in
accordance with the civil works program of the Corps of
Engineers and all applicable law.
(d) Water Resources Project Review Process.--The Secretary
shall develop and implement a coordinated review process for
the development of water resources projects.
(e) Identification of Jurisdictional Agencies.--With respect
to the development of each water resources project, the
Secretary shall identify, as soon as practicable, all Federal,
State, and local government agencies and Indian tribes that
may--
(1) have jurisdiction over the project;
(2) be required by law to conduct or issue a review,
analysis, or opinion for the project; or
(3) be required to make a determination on issuing a
permit, license, or approval for the project.
(f) State Authority.--If the coordinated review process is
being implemented under this section by the Secretary with
respect to the development of a water resources project
described in subsection (c) within the boundaries of a State,
the State, consistent with State law, may choose to participate
in the process and to make subject to the process all State
agencies that--
(1) have jurisdiction over the project;
(2) are required to conduct or issue a review,
analysis, or opinion for the project; or
(3) are required to make a determination on issuing a
permit, license, or approval for the project.
(g) Lead Agencies.--
(1) Federal lead agency.--Subject to paragraph (2),
the Corps of Engineers shall be the lead Federal agency
in the environmental review process for a water
resources project.
(2) Joint lead agencies.--
(A) In general.--At the discretion of the
Secretary and subject to any applicable
regulations under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), an
agency other than the Corps of Engineers may
serve as the joint lead agency.
(B) Non-federal interest as joint lead
agency.--A non-Federal interest that is a State
or local governmental entity--
(i) may serve as a joint lead agency
with the Corps of Engineers for
purposes of preparing any environmental
document under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(ii) may prepare any environmental
review process document required in
support of any action or approval by
the Secretary if--
(I) the Corps of Engineers
provides guidance in the
preparation process and
independently evaluates that
document; and
(II) the Secretary approves
and adopts the document before
the Secretary takes any
subsequent action or makes any
approval based on that
document, regardless of whether
the action or approval of the
Secretary results in Federal
funding.
(3) Duties.--The Secretary shall ensure that--
(A) the non-Federal interest complies with
all design and mitigation commitments made
jointly by the Secretary and the non-Federal
interest in any environmental document prepared
by the non-Federal interest in accordance with
this subsection; and
(B) any environmental document prepared by
the non-Federal interest is appropriately
supplemented if changes to the water resources
project become necessary.
(4) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
may be adopted or used by any Federal agency making any
approval to the same extent that the Federal agency
could adopt or use a document prepared by another
Federal agency.
(5) Roles and responsibility of lead agency.--With
respect to the environmental review process for any
water resources project, the lead agency shall have
authority and responsibility--
(A) to take such actions as are necessary and
proper and within the authority and
responsibility of the lead agency to facilitate
the expeditious resolution of the environmental
review process for the water resources project;
and
(B) to prepare or ensure that any required
environmental impact statement or other
environmental review document for a water
resources project required to be completed
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) is completed in
accordance with this section and applicable
Federal law.
(h) Participating Agencies.--
(1) Invitation.--
(A) In general.--The lead agency shall
identify, as early as practicable in the
environmental review process for a water
resources project, any other Federal or non-
Federal agencies that may have an interest in
that project and invite those agencies to
become participating agencies in the
environmental review process for the water
resources project.
(B) Deadline.--An invitation to participate
issued under subparagraph (A) shall set a
deadline by which a response to the invitation
shall be submitted, which may be extended by
the lead agency for good cause.
(2) Federal participating agencies.--Any Federal
agency that is invited by the lead agency to
participate in the environmental review process for a
water resources project shall be designated as a
participating agency by the lead agency unless the
invited agency informs the lead agency, in writing, by
the deadline specified in the invitation that the
invited agency--
(A) has no jurisdiction or authority with
respect to the water resources project;
(B) has no expertise or information relevant
to the water resources project;
(C) does not intend to submit comments on the
water resources project; and
(D) does not have adequate funds to
participate in the water resources project.
(3) Effect of designation.--Designation as a
participating agency under this subsection shall not
imply that the participating agency--
(A) supports a proposed water resources
project; or
(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the
water resources project.
(4) Concurrent reviews.--Each participating agency
shall--
(A) carry out the obligations of that agency
under other applicable law concurrently and in
conjunction with the required environmental
review process, unless doing so would impair
the ability of the Federal agency to conduct
needed analysis or otherwise carry out those
obligations; and
(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the
agency to ensure completion of the
environmental review process in a timely,
coordinated, and environmentally responsible
manner.
(i) Programmatic Compliance.--
(1) In general.--The Secretary shall issue guidance
to allow for the use of programmatic approaches to
carry out the environmental review process that--
(A) eliminates repetitive discussions of the
same issues;
(B) focuses on the actual issues ripe for
analyses at each level of review;
(C) establishes a formal process for
coordinating with participating agencies,
including the creation of a list of all data
that is needed to carry out an environmental
review process; and
(D) is consistent with--
(i) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
and
(ii) other applicable laws.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) as the first step in drafting guidance
under that paragraph, consult with relevant
Federal and State agencies, Indian tribes, and
the public on the appropriate use and scope of
the programmatic approaches;
(B) emphasize the importance of collaboration
among relevant Federal agencies, State
agencies, and Indian tribes in undertaking
programmatic reviews, especially with respect
to including reviews with a broad geographical
scope;
(C) ensure that the programmatic reviews--
(i) promote transparency, including
of the analyses and data used in the
environmental review process, the
treatment of any deferred issues raised
by Federal, State, or tribal agencies,
or the public, and the temporal and
special scales to be used to analyze
those issues;
(ii) use accurate and timely
information in the environmental review
process, including--
(I) criteria for determining
the general duration of the
usefulness of the review; and
(II) the timeline for
updating any out-of-date
review;
(iii) describe--
(I) the relationship between
programmatic analysis and
future tiered analysis; and
(II) the role of the public
in the creation of future
tiered analysis; and
(iv) are available to other relevant
Federal and State agencies, Indian
tribes, and the public;
(D) allow not fewer than 60 days of public
notice and comment on any proposed guidance;
and
(E) address any comments received under
subparagraph (D).
(j) Coordinated Reviews.--
(1) Coordination plan.--
(A) Establishment.--
(i) In general.--The lead agency
shall establish a plan for coordinating
public and agency participation in, and
comment on, the environmental review
process for a water resources project
or a category of water resources
projects.
(ii) Incorporation.--The plan
established under clause (i) shall be
incorporated into the project schedule
milestones set under section 905(g)(2)
of the Water Resources Development Act
of 1986 (33 U.S.C. 2282(g)(2)).
(2) Comment deadlines.--The lead agency shall
establish the following deadlines for comment during
the environmental review process for a project:
(A) Draft environmental impact statements.--
For comments by Federal and States agencies and
the public on a draft environmental impact
statement, a period of not more than 60 days
after publication in the Federal Register of
notice of the date of public availability of
the draft environmental impact statement,
unless--
(i) a different deadline is
established by agreement of the lead
agency, the non-Federal interest, as
applicable, and all participating
agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(B) Other environmental review processes.--
For all comment periods established by the lead
agency for agency or public comments in the
environmental review process other than for a
draft environmental impact statement, a period
of not more than 30 days after the date on
which the materials on which comment is
requested are made available, unless--
(i) a different deadline is
established by agreement of the lead
agency, the non-Federal interest, and
all participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(3) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating
to a project, including the issuance or denial of a
permit or license, is required to be made by the date
described in subsection (k)(6)(B)(ii), the Secretary
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives--
(A) as soon as practicable after the 180-day
period, an initial notice of the failure of the
Federal agency to make the decision; and
(B) every 60 days thereafter until such date
as all decisions of the Federal agency relating
to the project have been made by the Federal
agency, an additional notice that describes the
number of decisions of the Federal agency that
remain outstanding as of the date of the
additional notice.
(4) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for
public comment in the environmental review process
under existing Federal law (including regulations).
(k) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and the
participating agencies shall work cooperatively in
accordance with this section to identify and resolve
issues that could delay completion of the environmental
review process or result in the denial of any approval
required for the project under applicable laws.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make
information available to the participating
agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources
located within the project area and the general
locations of the alternatives under
consideration.
(B) Data sources.--The information under
subparagraph (A) may be based on existing data
sources, including geographic information
systems mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency,
participating agencies shall identify, as early as
practicable, any issues of concern regarding the
potential environmental or socioeconomic impacts of the
project, including any issues that could substantially
delay or prevent an agency from granting a permit or
other approval that is needed for the project.
(4) Interim decision on achieving accelerated
decisionmaking.--
(A) In general.--Not later than 30 days after
the close of the public comment period on a
draft environmental impact statement, the
Secretary may convene a meeting with the non-
Federal interest or joint lead agency, as
applicable, relevant resource agencies, and
relevant Federal and State agencies to
establish a schedule of deadlines to complete
decisions regarding the project.
(B) Deadlines.--
(i) In general.--The deadlines
referred to in subparagraph (A) shall
be those established by the Secretary,
in consultation with the non-Federal
interest or joint lead agency, as
applicable, and other relevant Federal
and State agencies.
(ii) Factors for consideration.--In
establishing a schedule, the Secretary
shall consider factors such as--
(I) the responsibilities of
participating agencies under
applicable laws;
(II) the resources available
to the non-Federal interest,
joint lead agency, and other
relevant Federal and State
agencies, as applicable;
(III) the overall size and
complexity of the project;
(IV) the overall schedule for
and cost of the project; and
(V) the sensitivity of the
natural and historical
resources that could be
affected by the project.
(iii) Modifications.--The Secretary
may--
(I) lengthen a schedule under
clause (i) for good cause; and
(II) shorten a schedule only
with concurrence of the
affected non-Federal interest,
joint lead agency, or relevant
Federal and State agencies, as
applicable.
(C) Failure to meet deadline.--If the
agencies described in subparagraph (A) cannot
provide reasonable assurances that the
deadlines described in subparagraph (B) will be
met, the Secretary may initiate the issue
resolution and referral process described under
paragraph (5) before the completion of the
record of decision.
(5) Accelerated issue resolution and referral.--
(A) Agency issue resolution meeting.--
(i) In general.--A participating
agency or non-Federal interest may
request an issue resolution meeting to
be conducted by the Secretary.
(ii) Action by secretary.--The
Secretary shall convene an issue
resolution meeting under clause (i)
with the relevant participating
agencies and the non-Federal interest,
as applicable, to resolve issues that
could--
(I) delay completion of the
environmental review process;
or
(II) result in denial of any
approvals required for the
project under applicable laws.
(iii) Date.--A meeting requested
under this subparagraph shall be held
not later than 21 days after the date
on which the Secretary receives the
request for the meeting, unless the
Secretary determines that there is good
cause to extend that deadline.
(iv) Notification.--On receipt of a
request for a meeting under this
subparagraph, the Secretary shall
notify all relevant participating
agencies of the request, including the
issue to be resolved and the date for
the meeting.
(v) Disputes.--If a relevant
participating agency with jurisdiction
over an approval required for a project
under applicable law determines that
the relevant information necessary to
resolve the issue has not been obtained
and could not have been obtained within
a reasonable time, but the Secretary
disagrees, the resolution of the
dispute shall be forwarded to the heads
of the relevant agencies for
resolution.
(vi) Convention by lead agency.--The
Secretary may convene an issue
resolution meeting under this
subsection at any time, at the
discretion of the Secretary, regardless
of whether a meeting is requested under
clause (i).
(vii) Exception.--
(I) In general.--The issue
resolution and referral process
under this subparagraph shall
not be initiated if the
applicable agency--
(aa) certifies that--
(AA) the
agency has not
received
necessary
information or
approvals from
another entity
in a manner
that affects
the ability of
the agency to
meet any
requirements
under Federal,
State, or local
law;
(BB)
significant new
information or
circumstances,
including a
major
modification to
an aspect of
the project,
requires
additional
analysis for
the agency to
make a decision
on the project
application; or
(CC) the
agency lacks
the financial
resources to
complete the
review under
the scheduled
timeframe,
including a
description of
the number of
full-time
employees
required to
complete the
review, the
amount of
funding
required to
complete the
review, and a
justification
as to why there
is not enough
funding
available to
complete the
review by the
deadline; and
(bb) establishes a
new deadline for
completion of the
review.
(II) Inspector general.--If
the applicable agency makes a
certification under subclause
(I)(aa)(CC), the Inspector
General of the applicable
agency shall conduct a
financial audit to review that
certification and submit a
report on that certification
within 90 days to the Committee
on Environment and Public Works
of the Senate and the Committee
on Transportation and
Infrastructure of the House of
Representatives.
(B) Elevation of issue resolution.--
(i) In general.--If issue resolution
is not achieved by not later than 30
days after the date on which a relevant
meeting is held under subparagraph (A),
the Secretary shall notify the heads of
the relevant participating agencies and
the non-Federal interest that an issue
resolution meeting will be convened.
(ii) Requirements.--The Secretary
shall identify the issues to be
addressed at the meeting and convene
the meeting not later than 30 days
after the date on which the notice is
issued.
(C) Referral of issue resolution.--
(i) Referral to council on
environmental quality.--
(I) In general.--If a
resolution is not achieved by
not later than 30 days after
the date on which an issue
resolution meeting is held
under subparagraph (B), the
Secretary shall refer the
matter to the Council on
Environmental Quality.
(II) Meeting.--Not later than
30 days after the date on which
the Council on Environmental
Quality receives a referral
from the Secretary under
subclause (I), the Council on
Environmental Quality shall
hold an issue resolution
meeting with the lead agency,
the heads of relevant
participating agencies and the
non-Federal interest.
(ii) Referral to the president.--If a
resolution of the issue is not achieved
by not later than 30 days after the
date on which an issue resolution
meeting is convened by the Council on
Environmental Quality under clause
(i)(II), the Secretary shall refer the
matter directly to the President.
(6) Financial penalty provisions.--
(A) In general.--A Federal agency with
jurisdiction over an approval required for a
project under applicable Federal laws
(including regulations) shall complete any
required approval on an expeditious basis using
the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--If an agency
described in subparagraph (A) fails to
render a decision under any Federal law
relating to a project that requires the
preparation of an environmental impact
statement or environmental assessment,
including the issuance or denial of a
permit, license, or other approval by
the date described in clause (ii), an
amount of funding equal to the amounts
specified in subclause (I) or (II)
shall be transferred from the
applicable office of the head of the
agency, or equivalent office to which
the authority for rendering the
decision has been delegated by law to
the agency or division charged with
rendering a decision regarding the
application by not later than 1 day
after the applicable date under clause
(ii), and once each week thereafter
until a final decision is rendered,
subject to subparagraph (C)--
(I) $20,000 for any project
requiring the preparation of an
environmental assessment or
environmental impact statement;
or
(II) $10,000 for any project
requiring any type of review
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
other than an environmental
assessment or environmental
impact statement.
(ii) Description of date.--The date
referred to in clause (i) is the later
of--
(I) the date that is 180 days
after the date on which an
application for the permit,
license, or approval is
complete; and
(II) the date that is 180
days after the date on which
the Federal lead agency issues
a decision on the project under
the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(C) Limitations.--
(i) In general.--No transfer of funds
under subparagraph (B) relating to an
individual project shall exceed, in any
fiscal year, an amount equal to 1
percent of the funds made available for
the applicable agency office.
(ii) Failure to decide.--The total
amount transferred in a fiscal year as
a result of a failure by an agency to
make a decision by an applicable
deadline shall not exceed an amount
equal to 5 percent of the funds made
available for the applicable agency
office for that fiscal year.
(D) No fault of agency.--A transfer of funds
under this paragraph shall not be made if--
(i) the applicable agency described
in subparagraph (A) certifies that--
(I) the agency has not
received necessary information
or approvals from another
entity in a manner that affects
the ability of the agency to
meet any requirements under
Federal, State, or local law;
or
(II) significant new
information or circumstances,
including a major modification
to an aspect of the project,
requires additional analysis
for the agency to make a
decision on the project
application; or
(III) the agency lacks the
financial resources to complete
the review under the scheduled
timeframe, including a
description of the number of
full-time employees required to
complete the review, the amount
of funding required to complete
the review, and a justification
as to why there is not enough
funding available to complete
the review by the deadline; and
(ii) if the applicable agency makes a
certification under clause (i)(III),
the Inspector General of the applicable
agency shall conduct a financial audit
to review that certification and submit
a report on that certification within
90 days to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives.
(E) Limitation.--The Federal agency from
which funds are transferred pursuant to this
paragraph shall not reprogram funds to the
office of the head of the agency, or equivalent
office, to reimburse that office for the loss
of the funds.
(F) Audits.--In any fiscal year in which any
funds are transferred from a Federal agency
pursuant to this paragraph, the Inspector
General of that agency shall--
(i) conduct an audit to assess
compliance with the requirements of
this paragraph; and
(ii) not later than 120 days after
the end of the fiscal year in which the
transfer occurred, submit to the
Committee on Environment and Public
Works of the Senate and the Committee
on Transportation and Infrastructure of
the House of Representatives a report
describing the reasons why the
transfers were levied, including
allocations of resources.
(G) Effect of paragraph.--Nothing in this
paragraph affects or limits the application of,
or obligation to comply with, any Federal,
State, local, or tribal law.
(l) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress made toward improving
and expediting the planning and environmental review process.
(m) Memorandum of Agreements for Early Coordination.--
(1) Sense of congress.--It is the sense of Congress
that--
(A) the Secretary and other Federal agencies
with relevant jurisdiction in the environmental
review process should cooperate with each
other, State agencies, and Indian tribes on
environmental review and water resources
project delivery activities at the earliest
practicable time to avoid delays and
duplication of effort later in the process,
prevent potential conflicts, and ensure that
planning and water resources project
development decisions reflect environmental
values; and
(B) the cooperation referred to in
subparagraph (A) should include the development
of policies and the designation of staff that
advise planning agencies and non-Federal
interests of studies or other information
foreseeably required for later Federal action
and early consultation with appropriate State
and local agencies and Indian tribes.
(2) Technical assistance.--If requested at any time
by a State or non-Federal interest, the Secretary and
other Federal agencies with relevant jurisdiction in
the environmental review process, shall, to the maximum
extent practicable and appropriate, as determined by
the agencies, provide technical assistance to the State
or non-Federal interest in carrying out early
coordination activities.
(3) Memorandum of agency agreement.--If requested at
any time by a State or non-Federal interest, the lead
agency, in consultation with other Federal agencies
with relevant jurisdiction in the environmental review
process, may establish memoranda of agreement with the
non-Federal interest, State and local governments, and
other appropriate entities to carry out the early
coordination activities, including providing technical
assistance in identifying potential impacts and
mitigation issues in an integrated fashion.
(n) Limitations.--Nothing in this section preempts,
supersedes, amends, modifies, or interferes with--
(1) any statutory requirement for seeking public
comment;
(2) any power, jurisdiction, or authority that a
Federal, State, or local government agency, Indian
tribe, or non-Federal interest has with respect to
carrying out a water resources project;
(3) any obligation to comply with the provisions of
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the regulations issued by the
Council on Environmental Quality to carry out that Act
or any other Federal environmental law;
(4) the reviewability of any final Federal agency
action in a court of the United States or in the court
of any State;
(5) any practice of seeking, considering, or
responding to public comment; or
(6) any power, jurisdiction, responsibility, or
authority that a Federal, State, or local governmental
agency, Indian tribe, or non-Federal interest has with
respect to carrying out a water resources project or
any other provision of law applicable to water
resources development projects.
(o) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the
date of enactment of this subsection, the Secretary
shall--
(A) survey the use by the Corps of Engineers
of categorical exclusions in water resources
projects since 2005;
(B) publish a review of the survey that
includes a description of--
(i) the types of actions
categorically excluded; and
(ii) any requests previously received
by the Secretary for new categorical
exclusions; and
(C) solicit requests from other Federal
agencies and non-Federal interests for new
categorical exclusions.
(2) New categorical exclusions.--Not later than 1
year after the date of enactment of this subsection, if
the Secretary has identified a categorical exclusion
that did not exist on the day before the date of
enactment of this subsection based on the review under
paragraph (1), the Secretary shall publish a notice of
proposed rulemaking to propose that new categorical
exclusion, to the extent that the categorical exclusion
meets the criteria for a categorical exclusion under
section 1508.4 of title 40, Code of Federal Regulations
(or successor regulation).
(p) Review of Water Resources Project Acceleration Reforms.--
(1) In general.--The Comptroller General of the
United States shall--
(A) assess the reforms carried out under this
section; and
(B) not later than 5 years after the date of
enactment of this subsection, submit to the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate a report that describes the results
of the assessment.
(2) Inspector general report.--The Inspector General
of the Corps of Engineers shall--
(A) assess the reforms carried out under this
section; and
(B) submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the Senate--
(i) not later than 2 years after the
date of enactment of this subsection,
an initial report of the findings of
the Inspector General; and
(ii) not later than 4 years after the
date of enactment of this subsection, a
final report of the findings.
* * * * * * *
SEC. 3109. LOWER YELLOWSTONE PROJECT, MONTANA.
[The Secretary may]
(a) In General.--The Secretary may use funds appropriated to
carry out the Missouri River recovery and mitigation program to
assist the Bureau of Reclamation in the design and construction
of the Lower Yellowstone project of the Bureau, Intake,
Montana, for the purpose of ecosystem restoration.
(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. 5018. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, RECOVERY, AND
RESTORATION, IOWA, KANSAS, MISSOURI, MONTANA,
NEBRASKA, NORTH DAKOTA, SOUTH DAKOTA, AND WYOMING.
(a) Study.--
(1) In general.--The Secretary, in consultation with
the Missouri River Recovery Implementation Committee to
be established under subsection (b)(1), shall conduct a
study of the Missouri River and its tributaries to
determine actions required--
(A) to mitigate losses of aquatic and
terrestrial habitat;
(B) to recover federally listed species under
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) to restore the ecosystem to prevent
further declines among other native species.
(2) Funding.--The study to be conducted under
paragraph (1) shall be funded using amounts made
available to carry out the Missouri River recovery and
mitigation plan authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat.
4143).
(b) Missouri River Recovery Implementation Committee.--
(1) Establishment.-- * * *
* * * * * * *
(5) Compensation; travel expenses.--
(A) Compensation.--Members of the Committee
shall not receive compensation from the
Secretary in carrying out the duties of the
Committee under this section.
[(B) Travel expenses.--Travel expenses
incurred by a member of the Committee in
carrying out the duties of the Committee under
this section shall not be eligible for Federal
reimbursement.]
(B) Travel expenses.--Subject to the
availability of funds, the Secretary may
reimburse a member of the Committee for travel
expenses, including per diem in lieu of
subsistence, at rates authorized for an
employee of a Federal agency under subchapter I
of chapter 57 of title 5, United States Code,
while away from the home or regular place of
business of the member in performance of
services for the Committee.
* * * * * * *
SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW
MEXICO, AND TEXAS.
(a) Definitions.--In this section, the following definitions
apply:
(1) Rio grande compact.-- * * *
* * * * * * *
(b) Program Authority.--
(1) In general.--The Secretary shall carry out, in
the Rio Grande Basin--
(A) a program for the planning, construction,
and evaluation of measures for fish and
wildlife habitat rehabilitation and
enhancement; and
(B) implementation of a long-term monitoring,
computerized data inventory and analysis,
applied research, and adaptive management
program.
(2) Reports.--Not later than December 31, [2008]
2014, and not later than December 31 of every sixth
year thereafter, the Secretary, in consultation with
the Secretary of the Interior and the States, shall
submit to Congress a report that--
* * * * * * *
(C) provides updates of a systemic habitat
needs assessment and an assessment of needs for
other related purposes in the Rio Grande Basin,
including flood damage reduction; and
* * * * * * *
(c) State and Local Consultation and Cooperative Effort.--For
the purpose of ensuring the coordinated planning and
implementation of the programs described in subsection (b), the
Secretary shall--
(1) consult with the States, and other appropriate
entities in the States, the rights and interests of
which might be affected by specific program activities;
and
(2) enter into [an interagency agreement with] 1 or
more interagency agreements with the Secretary of State
and the Secretary of the Interior to provide for the
direct participation of, and transfer of funds to, the
United States Fish and Wildlife Service and any other
agency or bureau of the Department of the Interior or
the U.S. Section of the International Boundary and
Water Commission for the planning, design,
implementation, and evaluation of those programs.
* * * * * * *
(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$15,000,000 for each of fiscal years 2008 through [2011] 2024.
* * * * * * *
SEC. 7007. NON-FEDERAL COST SHARE.
(a) Credit.--The Secretary shall credit, in accordance with
section 221 of the Flood Control Act 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the cost of a study , program,
or project under this title the cost of work carried out in the
coastal Louisiana ecosystem by the non-Federal interest for the
project before , on, or after the date of the execution of the
partnership agreement for the study , program, or project.
(b) Sources of Funds.--The non-Federal interest may use, and
the Secretary shall accept, funds provided by a Federal agency
under any other Federal program, to satisfy, in whole or in
part, the non-Federal share of the cost of the study , program,
or project if the Federal agency that provides the funds
determines that the funds are authorized to be used to carry
out the study , program, or project.
* * * * * * *
[(d) Treatment of Credit Between Projects.--Any credit
provided under this section toward the non-Federal share of the
cost of a study or project under this title may be applied
toward the non-Federal share of the cost of any other study or
project under this title.]
(d) Treatment of Credit Between Projects._The value of any
land, easements, rights-of-way, relocations, and dredged
material disposal areas and the costs of planning, design, and
construction work provided by the non-Federal interest that
exceed the non-Federal cost share for a study, program, or
project under this title may be applied toward the non-Federal
cost share for any other study, program, or project carried out
under this title.
(e) Periodic Monitoring.--
(1) In general.--To ensure that the contributions of
the non-Federal interest equal the non-Federal share of
the cost of a study, program, or project under this
title during each 5-year period beginning after the
date of commencement of the first study, program, or
project under this title, the Secretary shall--
* * * * * * *
SEC. 9004. [33 U.S.C. 3303] INVENTORY AND INSPECTION OF LEVEES.
(a) Levee Database.--
(1) In general.--Not later than one year after the
date of enactment of this Act, the Secretary shall
establish and maintain a database with an inventory of
the Nation's levees.
(2) Contents.--The database shall include--
(A) location information of all Federal
levees in the Nation (including global
information system information) [and, for non-
Federal levees, such information on levee
location as is provided to the Secretary by
State and local governmental agencies] and
updated levee information provided by States,
Indian tribes, Federal agencies, and other
entities;
* * * * * * *
RIVER AND HARBOR ACT OF 1960
[33 U.S.C. 577; PUBLIC LAW 86-645--JUL. 14, 1960]
(a) Allotment from appropriations for construction. That the
Secretary of the Army is hereby authorized to allot from any
appropriations hereafter made for rivers and harbors not to
exceed [$35,000,000] $50,000,000 for any one fiscal year for
the construction of small river and harbor improvement projects
not specifically authorized by Congress which will result in
substantial benefits to navigation and which can be operated
consistently with appropriate and economic use of the waters of
the Nation for other purposes, when in the opinion of the Chief
of Engineers such work is advisable, if benefits are in excess
of the cost.
(b) Limitation on allotment. Not more than [$7,000,000]
$10,000,000 shall be allotted for the construction of a project
under this section at any single locality and the amount
allotted shall be sufficient to complete the Federal
participation in the project under this section.
* * * * * * *
RIVER AND HARBOR ACT OF 1968
[33 U.S.C. 426i; PUBLIC LAW 90-483--AUG. 13, 1968]
SEC. 426I. SHORE DAMAGE PREVENTION OR MITIGATION
(a) In general.-- * * *
* * * * * * *
(c) Requirement for specific authorization.--
No such project shall be initiated without specific
authorization by Congress if the Federal first cost exceeds
[$5,000,000] $10,000,000.
* * * * * * *
FLOOD CONTROL ACT OF 1948
[33 U.S.C. 701s; PUBLIC LAW 80-858--JUN. 30, 1948]
SEC. 701S. SMALL FLOOD CONTROL PROJECTS; APPROPRIATIONS; AMOUNT
LIMITATIONS FOR SINGLE LOCALITY; CONDITIONS
The Secretary of the Army is authorized to allot from any
appropriations heretofore or hereafter made for flood control,
not to exceed $55,000,000 for any one fiscal year, for the
implementation of small structural and nonstructural projects
for flood control and related purposes not specifically
authorized by Congress, which come within the provisions of
section 701a of this title, when in the opinion of the Chief of
Engineers such work is advisable. The amount allotted for a
project shall be sufficient to complete Federal participation
in the project. Not more than [$7,000,000] $10,000,000 shall be
allotted under this section for a project at any single
locality. The provisions of local cooperation specified in
section 701c of this title shall apply. The work shall be
complete in itself and not commit the United States to any
additional improvement to insure its successful operation,
except as may result from the normal procedure applying to
projects authorized after submission of preliminary examination
and survey reports.
* * * * * * *
FLOOD CONTROL ACT OF 1960
[33 U.S.C 709a; PUBLIC LAW 86-645--JUL. 14, 1960]
SEC. 709A. INFORMATION ON FLOODS AND FLOOD DAMAGE
(a) Compilation and Dissemination.-- * * *
* * * * * * *
(d) Fiscal Year Limitation on Expenditures.--
The Secretary of the Army is authorized to expend not to
exceed [$15,000,000] $50,000,000 per fiscal year for the
compilation and dissemination of information under this
section.
* * * * * * *
FLOOD CONTROL ACT OF 1970
[42 U.S.C 1962d-5b(a)(4); PUBLIC LAW 110-114--NOV 8, 2007]
SEC. 1962D-5B. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES
PROJECTS
(a) Cooperation of non-Federal interest.--
(1) In general.-- * * *
* * * * * * *
(4) Credit for in-kind contributions.--
(A) In general.--A partnership agreement described in
paragraph (1) may provide with respect to a project
that the Secretary shall credit toward the non-Federal
share of the cost of the project, including a project
implemented without specific authorization in law or a
project under an environmental infrastructure
assistance program, the value of in-kind contributions
made by the non-Federal interest, including--
* * * * * * *
(C) Work performed before partnership agreement.--[In
any case in which the non-Federal interest is to
receive credit under subparagraph (A)(ii) for the cost
of work carried out by the non-Federal interest and
such work 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 only work
carried out following the execution of the agreement
shall be eligible for credit.]
(i) Construction.--
(I) In general.--In any case
in which the non-Federal
interest is to receive credit
under subparagraph (A) for the
cost of construction carried
out by the non-Federal interest
before execution of a
partnership agreement and that
construction has not been
carried out as of the date of
enactment of this subparagraph,
the Secretary and the non-
Federal interest shall enter
into an agreement under which
the non-Federal interest shall
carry out such work prior to
the non-Federal interest
initiating construction or
issuing a written notice to
proceed for the construction.
(II) Eligibility.--
Construction that is carried
out after the execution of an
agreement to carry out work
described in subclause (I) and
any design activities that are
required for that construction,
even if the design activity is
carried out prior to the
execution of the agreement to
carry out work, shall be
eligible for credit.
(ii) Planning.--
(I) In general.--In any case
in which the non-Federal
interest is to receive credit
under subparagraph (A) for the
cost of planning carried out by
the non-Federal interest before
execution of a feasibility cost
sharing agreement, the
Secretary and the non-Federal
interest shall enter into an
agreement under which the non-
Federal interest shall carry
out such work prior to the non-
Federal interest initiating
that planning.
(II) Eligibility.--Planning
that is carried out by the non-
Federal interest after the
execution of an agreement to
carry out work described in
subclause (I) shall be eligible
for credit.
(D) Limitations.--Credit authorized under
this paragraph for a project--
(i) shall not exceed the non-Federal
share of the cost of the project;
(ii) shall not alter any other
requirement that a non-Federal interest
provide lands, easements,
relocations,rights-of-way, or areas for
disposal of dredged material for the
project;
(iii) shall not alter any requirement
that a non-Federal interest pay a
portion of the costs of construction of
the project under sections [101 and
103] 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)) of
the Water Resources Development Act of
1986 (33 U.S.C. 2211; 33 U.S.C. 2213);
and
* * * * * * *
(E) Analysis of costs and benefits.--In the
evaluation of the costs and benefits of a
project, the Secretary shall not consider
construction carried out by a non-Federal
interest under this subsection as part of the
future without project condition.
(F) Transfer of credit between separable
elements of a project.--Credit for in-kind
contributions provided by a non-Federal
interest that are in excess of the non-Federal
cost share for an authorized separable element
of a project may be applied toward the non-
Federal cost share for a different authorized
separable element of the same project.
(G) Application of credit.--To the extent
that credit for in-kind contributions, as
limited by subparagraph (D), and credit for
required land, easements, rights-of-way,
dredged material disposal areas, and
relocations provided by the non-Federal
interest exceed the non-Federal share of the
cost of construction of a project other than a
navigation project, the Secretary shall
reimburse the difference to the non-Federal
interest, subject to the availability of funds.
[(E)] (H) Applicability.--
(i) In general.--This paragraph shall
apply to water resources projects
authorized after November 16, 1986,
including projectsinitiated after
November 16, 1986, without specific
authorization in law , 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.
[(ii) Limitation.--In any case in
which a specific provision of law
provides for a non-Federal interest to
receive credit toward the non-Federal
share of the cost of a study for, or
construction or operation and
maintenance of, a water resources
project, the specific provision of law
shall apply instead of this paragraph.]
(ii) Authorization in addition to
specific credit provision.--In any case
in which a specific provision of law
authorizes credit for in-kind
contributions provided by a non-Federal
interest before the date of execution
of a partnership agreement, the
Secretary may apply the authority
provided in this paragraph to allow
credit for in-kind contributions
provided by the non-Federal interest on
or after the date of execution of the
partnership agreement.
* * * * * * *
WATER SUPPLY ACT OF 1958
[43 U.S.C 390b; PUBLIC LAW 85-500--JUL. 3, 1958]
SEC. 390B. DEVELOPMENT OF WATER SUPPLIES FOR DOMESTIC, MUNICIPAL,
INDUSTRIAL, AND OTHER PURPOSES
(a) Declaration of policy-- * * *
* * * * * * *
[(d) Approval of Congress of modifications of reservoir
projects Modifications of a reservoir project heretofore
authorized, surveyed, planned, or constructed to include
storage as provided in subsection (b) of this section which
would seriously affect the purposes for which the project was
authorized, surveyed, planned, or constructed, or which would
involve major structural or operational changes shall be made
only upon the approval of Congress as now provided by law.]
(d) Congressional Approval of Modifications of Reservoir
Projects.--Congressional approval shall be required for any
modification that provides storage for municipal or industrial
water supply at a reservoir project that has been authorized,
surveyed, planned, or constructed if, when considered
cumulatively with all previous modifications of the project,
the modification would--
(1) seriously affect the purposes for which the
project was authorized, surveyed, planned, or
constructed;
(2) involve major structural or operational changes;
or
(3) involve an allocation or reallocation of storage
that is equal to or exceeds 5 percent of the
conservation storage pool of the project.
* * * * * * *
AN ACT AUTHORIZING THE CONSTRUCTION OF CERTAIN PUBLIC WORKS ON RIVERS
AND HARBORS FOR FLOOD CONTROL, AND FOR OTHER PURPOSES
* * * * * * *
[33 U.S.C. 701n(a)(1); PUBLIC LAW 95-51--JUN. 20, 1977]
SEC. 701N. EMERGENCY RESPONSE TO NATURAL DISASTERS
(a) Emergency fund--
(1) There is authorized an emergency fund to be
expended in preparation for emergency response to any
natural disaster, in flood fighting and rescue
operations, or in the repair or restoration of any
flood control work threatened or destroyed by flood,
including the strengthening, raising, extending, or
other modification thereof as may be necessary in the
discretion of the Chief of Engineers for the adequate
functioning of the work for flood control, or in
implementation of nonstructural alternatives to the
repair or restoration of such flood control work if
requested by the non-Federal sponsor; in the emergency
protection of federally authorized hurricane or shore
protection being threatened when in the discretion of
the Chief of Engineers such protection is warranted to
protect against imminent and substantial loss to life
and property; in the repair and restoration of any
federally authorized hurricane or shore protective
[structure damaged or destroyed by wind, wave, or water
action of other thanan 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]
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. The emergency
fund may also be expended for emergency dredging for
restoration of authorized project depths for Federal
navigable channels and waterways made necessary by
flood, drought, earthquake, or other natural disasters.
In any case in which the Chief of Engineers is
otherwise performing work under this section in an area
for which the Governor of the affected State has
requested a determination that an emergency exists or a
declaration that a major disaster exists under the
Disaster Relief and Emergency Assistance Act [42 U.S.C.
5121 et seq.], the Chief of Engineers is further
authorized to perform on public and private lands and
waters for a period of ten days following the
Governor's request any emergency work made necessary by
such emergency or disaster which is essential for the
preservation of life and property, including, but not
limited to, channel clearance, emergency shore
protection, clearance and removal of debris and
wreckage endangering public health and safety, and
temporary restoration of essential public facilities
and services. The Chief of Engineers, in the exercise
of his discretion, is further authorized to provide
emergency supplies of clean water, on such terms as he
determines to be advisable, to any locality which he
finds is confronted with a source of contaminated water
causing or likely to cause a substantial threat to the
public health and welfare of the inhabitants of the
locality. The appropriation of such moneys for the
initial establishment of this fund and for its
replenishment on an annual basis, is authorized:
Provided, That pending the appropriation of sums to
such emergency fund, the Secretary of the Army may
allot, from existing flood-control appropriations, such
sums as may be necessary for the immediate prosecution
of the work herein authorized, such appropriations to
be reimbursed from the appropriation herein authorized
when made. The Chief of Engineers is authorized, in the
prosecution of work in connection with rescue
operations, or in conducting other flood emergency
work, to acquire on a rental basis such motor vehicles,
including passenger cars and buses, as in his
discretion are deemed necessary.
* * * * * * *
TITLE I
CHAPTER IV--DEPARTMENT OF DEFENSE-CIVIL
[33 U.S.C. 569c; PUBLIC LAW 98-63]
SEC. 569C. SERVICES OF VOLUNTEERS
The United States Army Chief of Engineers may accept the
services of volunteers and provide for their incidental
expenses , including expenses relating to uniforms,
transportation, lodging, and the subsistence of those
volunteers, without regard to the place of residence of the
volunteers, to carry out any activity of the Army Corps of
Engineers except policy making or law or regulatory
enforcement. The Chief of Engineers may also provide awards of
up to $100 in value to volunteers in recognition of the
services of the volunteers. Such volunteers shall not be
employees of the United States Government except for the
purposes of (1) chapter 171 of title 28, relating to tort
claims, and (2) chapter 81 of title 5, relating to compensation
for work injuries.
* * * * * * *
TITLE I--INDIAN SELF-DETERMINATION AND EDUCATION ASSIASTANCE ACT
Sec. 101. This title may be cited as the ``Indian Self-
Determination Act''. [25 U.S.C. 450 note]
Sec. 102. [25 U.S.C. 450f] (a)(1) The Secretary is
directed, upon the request of any Indian tribe by tribal
resolution, to enter into a self-determination contract or
contracts with a tribal organization to plan, conduct, and
administer programs or portions thereof, including construction
programs--
(A) * * *
* * * * * * *
Sec. 106. [25 U.S.C. 450j-1] (a)(1) The amount of funds
provided under the terms of self-determination contracts
entered into pursuant to this Act shall not be less than the
appropriate Secretary would have otherwise provided for the
operation of the programs or portions thereof for the period
covered by the contract, without regard to any organizational
level within the Department of the Interior or the Department
of Health and Human Services, as appropriate, at which the
program, function, service, or activity or portion thereof,
including supportive administrative functions that are
otherwise contractable, is operated.
(2) * * *
* * * * * * *
(k) Without intending any limitation, a tribal organization
may, without the approval of the Secretary, expend funds
provided under a self-determination contract for the following
purposes, to the extent that the expenditure of the funds is
supportive of a contracted program:
(1) * * *
* * * * * * *
(12) Costs associated with the management of pension
funds, self-insurance funds, and other funds of the
tribal organization that provide for participation by
the Federal Government.
(13) Interest payments, the retirement of principal,
the costs of issuance, and the costs of insurance or a
similar credit support for a debt financing instrument,
the proceeds of which are used to support a contracted
construction project.
* * * * * * *
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2009
[123 STAT. 608; PUBLIC LAW 111-8--MAR. 11, 2009]
Sec. 116. The Colorado Department of Natural Resources
(or a designee of the Department) is authorized to perform
modifications of the facility (Chatfield Reservoir, Colorado),
and any required mitigation which results from implementation
of the project: Provided, That in carrying out the reassignment
of storage space provided for in this section, theSecretary
shall collaborate with the Colorado Department of Natural
Resources and local interests to determine costs to be repaid
for storage that reflects the limited reliability of the
resources and the capability of non-Federal interests to make
use of the reallocated storage space in Chatfield Reservoir,
Colorado.
* * * * * * *
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 1998
[111 STAT. 1327; PUBLIC LAW 105-62--OCT. 13, 1997]
TITLE I
GREEN BROOK SUB-BASIN FLOOD CONTROL PROJECT, NEW JERSEY
[Sec. 102. No funds made available under this Act or any
other Act for any fiscal year may be used by the Secretary of
the Army to construct the Oak Way detention structure or the
Sky Top detention structure in Berkeley Heights, New Jersey, as
part of the project for flood control, Green Brook Sub-Basin,
Raritan River Basin, New Jersey, authorized by section 401(a)
of the Water Resources Development Act of 1986 (Public Law 99-
662; 100 Stat. 4119).]
* * * * * * *
INTERNAL REVENUE CODE OF 1986
(26 U.S.C. 9505; PUBLIC LAW 108-234--MAY. 28, 2004)
SEC. 9505. HARBOR MAINTENANCE TRUST FUND
(a) Creation of Trust Fund.-- * * *
* * * * * * *
(c) Expenditures from Harbor Maintenance Trust Fund.--
Amounts in the Harbor Maintenance Trust Fund shall be
available, as provided by appropriation Acts, for making
expenditures -
(1) to carry out section 210 of the Water Resources
Development Act of 1986 ([as in effect on the date of
the enactment of the Water Resources Development Act of
1996] as in effect on the date of the enactment of the
Harbor Maintenance Trust Fund Act of 2013),
* * * * * * *
NATIONAL DAM SAFETY PROGRAM ACT
[33 U.S.C. 467 nt); PUBLIC LAW 109-460--DEC. 22, 2006]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Dam Safety Program
Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term `Administrator' means
the Administrator of the Federal Emergency Management
Agency.
[(1)] (2) Board.--The term ``Board'' means a National
Dam Safety Review Board established under section 8(f).
[(2)] (3) Dam.--The term ``dam''--
(A) means any artificial barrier that has the
ability to impound water, wastewater, or any
liquid-borne material, for the purpose of
storage or control of water, that--
(i) is 25 feet or more in height
from--
(I) the natural bed of the
stream channel or watercourse
measured at the downstream toe
of the barrier; or
(II) if the barrier is not
across a stream channel or
watercourse, from the lowest
elevation of the outside limit
of the barrier;
to the maximum water storage elevation;
or
(ii) has an impounding capacity for
maximum storage elevation of 50 acre-
feet or more; but
(B) does not include--
(i) a levee; or
(ii) a barrier described in
subparagraph (A) that--
(I) is 6 feet or less in
height regardless of storage
capacity; or
(II) has a storage capacity
at the maximum water storage
elevation that is 15 acre-feet
or less regardless of height;
unless the barrier, because of the
location of the barrier or another
physical characteristic of the barrier,
is likely to pose a significant threat
to human life or property if the
barrier fails (as determined by the
[Director] Administrator).
[(3) [Director] Administrator.--The term ``[Director]
Administrator'' means the [Director] Administrator of
FEMA.]
(4) Federal agency.--The term ``Federal agency''
means a Federal agency that designs, finances,
constructs, owns, operates, maintains, or regulates the
construction, operation, or maintenance of a dam.
(5) Federal guidelines for dam safety.--The term
``Federal Guidelines for Dam Safety'' means the FEMA
publication, numbered 93 and dated June 1979, that
defines management practices for dam safety at all
Federal agencies.
(6) FEMA.--The term ``FEMA'' means the Federal
Emergency Management Agency.
(7) Hazard reduction.--The term ``hazard reduction''
means the reduction in the potential consequences to
life and property of dam failure.
(8) ICODS.--The term ``ICODS'' means the Interagency
Committee on Dam Safety established by section 7.
(9) Program.--The term ``Program'' means the national
dam safety program established under section 8.
(10) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other territory or
possession of the United States.
(11) State dam safety agency.--The term ``State dam
safety agency'' means a State agency that has
regulatory authority over the safety of non-Federal
dams.
(12) State dam safety program.--The term ``State dam
safety program'' means a State dam safety program
approved and assisted under section 8(e).
(13) United states.--The term ``United States'', when
used in a geographical sense, means all of the States.
SEC. 3. INSPECTION OF DAMS.
(a) In General.--As soon as practicable, the Secretary of the
Army, acting through the Chief of Engineers, shall carry out a
national program of inspection of dams for the purpose of
protecting human life and property. All dams in the United
States shall be inspected by the Secretary except (1) dams
under the jurisdiction of the Bureau of Reclamation, the
Tennessee Valley Authority, or the International Boundary and
Water Commission, (2) dams which have been constructed pursuant
to licenses issued under the authority of the Federal Power
Act, (3) dams which have been inspected within the twelve-month
period immediately prior to the enactment of this Act by a
State agency and which the Governor of such State requests be
excluded from inspection, and (4) dams which the Secretary of
the Army determines do not pose any threat to human life or
property. The Secretary may inspect dams which have been
licensed under the Federal Power Act upon request of the
Federal Power Commission and dams under the jurisdiction of the
International Boundary and Water Commission upon request of
such Commission.
(b) State Participation.--On request of a State dam safety
agency, with respect to any dam the failure of which would
affect the State, the head of a Federal agency shall--
(1) provide information to the State dam safety
agency on the construction, operation, [or
maintenance]maintenance, condition, or provisions for
emergency operations of the dam; or
(2) allow any official of the State dam safety agency
to participate in the Federal inspection of the dam.
SEC. 4. INVESTIGATION REPORTS TO GOVERNORS.
As soon as practicable after inspection of a dam, the
Secretary shall notify the Governor of the State in which such
dam is located the results of such investigation. In any case
in which any hazardous conditions are found during an
inspection, upon request by the owner, the Secretary, acting
through the Chief of Engineers, may perform detailed
engineering studies to determine the structural integrity of
the dam, subject to reimbursement of such expense by the owner
of such dam. The Secretary shall immediately notify the
Governor of any hazardous conditions found during an
inspection. The Secretary shall provide advice to the Governor,
upon request, relating to timely remedial measures necessary to
mitigate or obviate any hazardous conditions found during an
inspection.
SEC. 5. DETERMINATION OF DANGER TO HUMAN LIFE AND PROPERTY.
For the purpose of determining whether a dam (including the
waters impounded by such dam) constitutes a danger to human
life or property, the Secretary shall take into consideration
the possibility that the dam might be endangered by
overtopping, seepage, settlement, erosion, sediment, cracking,
earth movement, earthquakes, failure of bulkheads, flashboard,
gates on conduits, or other conditions which exist or which
might occur in any area in the vicinity of the dam.
SEC. 6. NATIONAL DAM INVENTORY.
The Secretary of the Army shall maintain and update
information on the inventory of dams in the United States. Such
inventory of dams shall include any available information
assessing each dam based on inspections completed by either a
Federal agency or a State dam safety agency.
SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.
(a) Establishment.--There is established an Interagency
Committee on Dam Safety--
(1) comprised of a representative of each of the
Department of Agriculture, the Department of Defense,
the Department of Energy, the Department of the
Interior, the Department of Labor, FEMA, the Federal
Energy Regulatory Commission, the Nuclear Regulatory
Commission, the Tennessee Valley Authority, and the
United States Section of the International Boundary
Commission; and
(2) chaired by the [Director] Administrator.
(b) Duties.--ICODS shall encourage the establishment and
maintenance of effective Federal programs, policies, and
guidelines intended to enhance dam safety for the protection of
human life and property through coordination and information
exchange among Federal agencies concerning implementation of
the Federal Guidelines for Dam Safety.
SEC. 8. NATIONAL DAM SAFETY PROGRAM.
(a) In General.--The [Director] Administrator, in
consultation with ICODS and State dam safety agencies, and the
Board shall establish and maintain, in accordance with this
section, a coordinated national dam safety program. The Program
shall--
(1) be administered by FEMA to achieve the objectives
set forth in subsection (c);
(2) involve, to the extent appropriate, each Federal
agency; and
(3) include--
(A) each of the components described in
subsection (d);
(B) the strategic plan described in
subsection (b); and
(C) assistance for State dam safety programs
described in subsection (e).
(b) Duties.--The [Director] Administrator shall prepare a
strategic plan--
(1) to establish goals, priorities, performance
measures, and target dates toward effectively
administering this Act in order to improve the safety
of dams in the United States; and
(2) to the extent feasible, to establish cooperation
and coordination with, and assistance to, interested
governmental entities in all States.
(c) Objectives.--The objectives of the Program are to--
(1) ensure that new and existing dams are safe
through the development of technologically and
economically feasible programs and procedures for
national dam safety hazard reduction;
(2) encourage acceptable engineering policies and
procedures to be used for dam site investigation,
design, construction, operation and maintenance, and
emergency preparedness;
(3) encourage the establishment and implementation of
effective dam safety programs in each State based on
State standards;
[(4) develop and encourage public awareness projects
to increase public acceptance and support of State dam
safety programs;]
(4) develop and implement a comprehensive dam safety
hazard education and public awareness program to assist
the public in preparing for, mitigating, responding to,
and recovering from dam incidents;
(5) develop technical assistance materials for
Federal and non-Federal dam safety programs;
(6) develop mechanisms with which to provide Federal
technical assistance for dam safety to the non-Federal
sector; and
(7) develop technical assistance materials, seminars,
and guidelines to improve security for dams in the
United States.
(d) Components.--
(1) In general.--The Program shall consist of--
(A) a Federal element and a non-Federal
element; and
(B) leadership activity, technical assistance
activity, and public awareness activity.
(2) Elements.--
(A) Federal.--The Federal element shall
incorporate the activities and practices
carried out by Federal agencies under section 7
to implement the Federal Guidelines for Dam
Safety.
(B) Non-federal.--The non-Federal element
shall consist of--
(i) the activities and practices
carried out by States, local
governments, and the private sector to
safely build, regulate, operate, and
maintain dams; and
(ii) Federal activities that foster
State efforts to develop and implement
effective programs for the safety of
dams.
(3) Functional activities.--
(A) Leadership.--The leadership activity
shall be the responsibility of FEMA and shall
be exercised by chairing the Board to
coordinate national efforts to improve the
safety of the dams in the United States.
(B) Technical assistance.--The technical
assistance activity shall consist of the
transfer of knowledge and technical information
among the Federal and non-Federal elements
described in paragraph (2).
(C) Public awareness.--The public awareness
activity shall provide for the education of the
public, including State and local officials, in
the hazards of dam failure, methods of reducing
the adverse consequences of dam failure, and
related matters.
(e) Assistance for State Dam Safety Programs.--
(1) In general.--To encourage the establishment and
maintenance of effective State programs intended to
ensure dam safety, to protect human life and property,
and to improve State dam safety programs, the
[Director] Administrator shall provide assistance with
amounts made available under section 13 to assist
States in establishing, maintaining, and improving dam
safety programs in accordance with the criteria
specified in paragraph (2).
(2) Criteria and budgeting requirement.--For a State
to be eligible for assistance under this subsection, a
State dam safety program must be working toward meeting
the following criteria and budgeting requirement:
(A) Criteria.--A State dam safety program
must be authorized by State legislation to
include, at a minimum--
(i) the authority to review and
approve plans and specifications to
construct, enlarge, modify, remove, and
abandon dams;
(ii) the authority to perform
periodic inspections during dam
construction to ensure compliance with
approved plans and specifications;
(iii) a requirement that, on
completion of dam construction, State
approval must be given before operation
of the dam;
(iv) the authority to require or
perform periodic evaluations of all
dams and reservoirs to determine the
extent of the threat to human life and
property in case of failure;
(v)(I) the authority to require or
perform the inspection, at least once
every 5 years, of all dams and
reservoirs that would pose a
significant threat to human life and
property in case of failure to
determine the continued safety of the
dams and reservoirs; and
(II) a procedure for more detailed
and frequent safety inspections;
(vi) a requirement that all
inspections be performed under the
supervision of a State-registered
professional engineer with related
experience in dam design and
construction;
(vii) the authority to issue notices,
when appropriate, to require owners of
dams to perform necessary maintenance
or remedial work, install and monitor
instrumentation, improve security,
revise operating procedures, or take
other actions, including breaching dams
when necessary;
(viii) regulations for carrying out
the legislation of the State described
in this subparagraph;
(ix) provision for necessary funds--
(I) to ensure timely repairs
or other changes to, or removal
of, a dam in order to protect
human life and property; and
(II) if the owner of the dam
does not take action described
in subclause (I), to take
appropriate action as
expeditiously as practicable;
(x) a system of emergency procedures
to be used if a dam fails or if the
failure of a dam is imminent; and
(xi) an identification of--
(I) each dam the failure of
which could be reasonably
expected to endanger human
life;
(II) the maximum area that
could be flooded if the dam
failed; and
(III) necessary public
facilities that would be
affected by the flooding.
(B) Budgeting requirement.--For a State to be
eligible for assistance under this subsection,
State appropriations must be budgeted to carry
out the legislation of the State under
subparagraph (A).
(3) Work plans.--The [Director] Administrator shall
enter into a agreement with each State receiving
assistance under paragraph (2) to develop a work plan
necessary for the State dam safety program to reach a
level of program performance specified in the
agreement.
(4) Maintenance of effort.--Assistance may not be
provided to a State under this subsection for a fiscal
year unless the State enters into such agreement with
the [Director] Administrator as the [Director]
Administrator requires to ensure that the State will
maintain the aggregate expenditures of the State from
all other sources for programs to ensure dam safety for
the protection of human life and property at or above a
level equal to the average annual level of such
expenditures for the 2 fiscal years preceding the
fiscal year.
(5) Approval of programs.--
(A) Submission.--For a State to be eligible
for assistance under this subsection, a plan
for a State dam safety program shall be
submitted to the [Director] Administrator for
approval.
(B) Approval.--A State dam safety program
shall be deemed to be approved 120 days after
the date of receipt by the [Director]
Administrator unless the [Director]
Administrator determines within the 120-day
period that the State dam safety program fails
to meet the requirements of paragraphs (1)
through (3).
(C) Notification of disapproval.--If the [
Director] Administrator determines that a State
dam safety program does not meet the
requirements for approval, the [ Director]
Administrator shall immediately notify the
State in writing and provide the reasons for
the determination and the changes that are
necessary for the plan to be approved.
(6) Review of state dam safety programs.--Using the
expertise of the Board, the [Director] Administrator
shall periodically review State dam safety programs. If
the Board finds that a State dam safety program has
proven inadequate to reasonably protect human life and
property and the [Director] Administrator concurs, the
[ Director] Administrator shall revoke approval of the
State dam safety program, and withhold assistance under
this subsection, until the State dam safety program
again meets the requirements for approval.
(f) Board.--
(1) Establishment.--The [Director] Administrator
shall establish an advisory board to be known as the
``National Dam Safety Review Board'' to monitor the
safety of dams in the United States, to monitor State
implementation of this section, and to advise the
[Director] Administratoron national dam safety policy.
(2) Authority.--The Board may use the expertise of
Federal agencies and enter into contracts for necessary
studies to carry out this section.
(3) Voting membership.--The Board shall consist of 11
voting members selected by the [Director]
Administratorfor expertise in dam safety, of whom--
(A) 1 member shall represent the Department
of Agriculture;
(B) 1 member shall represent the Department
of Defense;
(C) 1 member shall represent the Department
of the Interior;
(D) 1 member shall represent FEMA;
(E) 1 member shall represent the Federal
Energy Regulatory Commission;
(F) 5 members shall be selected by the
[Director] Administrator from among State dam
safety officials; and
(G) 1 member shall be selected by the
[Director] Administrator to represent the
private sector.
(4) Nonvoting membership.--The
[Director]Administrator, in consultation with the
Board, may invite a representative of the National
Laboratories of the Department of Energy and may invite
representatives from Federal or State agencies,
representatives from nongovernmental organizations, or
dam safety experts, as needed, to participate in
meetings of the Board.
(5) Duties.--
(A) In general.--The Board shall encourage
the establishment and maintenance of effective
programs, policies, and guidelines to enhance
dam safety for the protection of human life and
property throughout the United States.
(B) Coordination and information exchange
among agencies.--In carrying out subparagraph
(A), the Board shall encourage coordination and
information exchange among Federal and State
dam safety agencies that share common problems
and responsibilities for dam safety, including
planning, design, construction, operation,
emergency action planning, inspections,
maintenance, regulation or licensing, technical
or financial assistance, research, and data
management.
(6) Work groups.--The [Director] Administrator may
establish work groups under the Board to assist the
Board in accomplishing its goals. The work groups shall
consist of members of the Board and other individuals
selected by the [Director].Administrator
(7) Compensation of members.--
(A) Federal employees.--Each member of the
Board who is an officer or employee of the
United States shall serve without compensation
in addition to compensation received for the
services of the member as an officer or
employee of the United States.
(B) Other members.--Each member of the Board
who is not an officer or employee of the United
States shall serve without compensation.
(8) Travel expenses.--
(A) Representatives of federal agencies.--To
the extent amounts are made available in
advance in appropriations Acts, each member of
the Board who represents a Federal agency shall
be reimbursed of appropriations for travel
expenses by his or her agency, including per
diem in lieu of subsistence, 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 services for the Board.
(B) Other individuals.--To the extent amounts
are made available in advance in appropriations
Acts, each member of the Board who represents a
State agency, the member of the Board who
represents the private sector, and each member
of a work group created under paragraph (1)
shall be reimbursed for travel expenses by
FEMA, including per diem in lieu of
subsistence, at rates authorized for an
employee of an agency under subchapter I of
chapter 57 of title 5, United States Code,
while away from home or regular place of
business of the member in performance of
services for the Board.
(9) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Board.
SEC. 9. RESEARCH.
(a) In General.--The Director, in cooperation with the Board,
shall carry out a program of technical and archival research to
develop and support--
(1) improved techniques, historical experience, and
equipment for rapid and effective dam construction,
rehabilitation, and inspection;
(2) devices for the continued monitoring of the
safety of dams;
(3) development and maintenance of information
resources systems needed to support managing the safety
of dams; and
(4) initiatives to guide the formulation of effective
public policy and advance improvements in dam safety
engineering, security, and management.
(b) Consultation.--The [ Director] Administrator shall
provide for State participation in research under subsection
(a) and periodically advise all States and Congress of the
results of the research.
SEC. 10. DAM SAFETY TRAINING.
At the request of any State that has or intends to develop a
State dam safety program, the [Director] Administrator shall
provide training for State dam safety staff and inspectors.
(33 U.S.C. 467g-1)
SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.
The Administrator, in consultation with other Federal
agencies, State and local governments, dam owners, the
emergency management community, the private sector,
nongovernmental organizations and associations, institutions of
higher education, and any other appropriate entities shall
carry out a nationwide public awareness and outreach program to
assist the public in preparing for, mitigating, responding to,
and recovering from dam incidents.
SEC. [11] 12 . REPORTS.
Not later than 90 days after the end of each odd-numbered
fiscal year, the [ Director] Administrator shall submit a
report to Congress that--
(1) describes the status of the Program;
(2) describes the progress achieved by Federal
agencies during the 2 preceding fiscal years in
implementing the Federal Guidelines for Dam Safety;
(3) describes the progress achieved in dam safety by
States participating in the Program; and
(4) includes any recommendations for legislative and
other action that the [Director] Administrator
considers necessary.
(33 U.S.C. 467h)
SEC. [ 12 ] 13. STATUTORY CONSTRUCTION.
Nothing in this Act and no action or failure to act under
this Act shall--
(1) create any liability in the United States or its
officers or employees for the recovery of damages
caused by such action or failure to act;
(2) relieve an owner or operator of a dam of the
legal duties, obligations, or liabilities incident to
the ownership or operation of the dam; or
(3) preempt any other Federal or State law.
(33 U.S.C. 467i)
SEC. [ 13 ] 14. AUTHORIZATION OF APPROPRIATIONS.
(a) National Dam Safety Program.--
(1) Annual amounts.--There are authorized to be
appropriated to FEMA to carry out sections 7, 8, and 11
(in addition to any amounts made available for similar
purposes included in any other Act and amounts made
available under subsections (b) through (e)),
[$6,500,000 for fiscal year 2007, $7,100,000 for fiscal
year 2008, $7,600,000 for fiscal year 2009, $8,300,000
for fiscal year 2010, and $9,200,000 for fiscal year
2011] $9,200,000 for each of fiscal years 2014 through
2018, to remain available until expended.
(2) Allocation.--
(A) In general.--Subject to subparagraphs (B)
and (C), for each fiscal year, amounts made
available under this subsection to carry out
section 8 shall be allocated among the States
as follows:
(i) One-third among States that
qualify for assistance under section
8(e).
(ii) Two-thirds among States that
qualify for assistance under section
8(e), to each such State in proportion
to--
(I) the number of dams in the
State that are listed as State-
regulated dams on the inventory
of dams maintained under
section 6; as compared to
(II) the number of dams in
all States that are listed as
State-regulated dams on the
inventory of dams maintained
under section 6.
(B) Maximum amount of allocation.--[The
amount]
(i) In general.--The amount of funds
allocated to a State under this
paragraph may not exceed 50 percent of
the reasonable cost of implementing the
State dam safety program.
(ii) Fiscal year 2014 and subsequent
fiscal years.--For fiscal year 2014 and
each subsequent fiscal year, the amount
of funds allocated to a State under
this paragraph may not exceed the
amount of funds committed by the State
to implement dam safety activities.
(C) Determination.--The
[Director]Administrator and the Board shall
determine the amount allocated to States.
(b) National Dam Inventory.--There is authorized to be
appropriated to carry out section 6 [$650,000 for fiscal year
2007, $700,000 for fiscal year 2008, $750,000 for fiscal year
2009, $800,000 for fiscal year 2010, and $850,000 for fiscal
year 2011] $500,000 for each of fiscal years 2014 through 2018.
(c) Public Awareness.--There is authorized to be appropriated
to carry out section 11 $1,000,000 for each of fiscal years
2014 through 2018.
[(c)] (d) Research.--There is authorized to be appropriated
to carry out section 9 [$1,600,000 for fiscal year 2007,
$1,700,000 for fiscal year 2008, $1,800,000 for fiscal year
2009, $1,900,000 for fiscal year 2010, and $2,000,000 for
fiscal year 2011] ``$1,450,000 for each of fiscal years 2014
through 2018, to remain until expended.
[(d)] (e) Dam Safety Training.--There is authorized to be
appropriated to carry out section 10 [$550,000 for fiscal year
2007, $600,000 for fiscal year 2008, $650,000 for fiscal year
2009, $700,000 for fiscal year 2010, and $750,000 for fiscal
year 2011] $750,000 for each of fiscal years 2014 through 2018.
[(e)] (f) Staff.--There is authorized to be appropriated to
FEMA for the employment of such additional staff personnel as
are necessary to carry out sections 8 through 10 [$700,000 for
fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for
fiscal year 2009, $1,000,000 for fiscal year 2010, and
$1,100,000 for fiscal year 2011] $1,000,000 for each of fiscal
years 2014 through 2018.
[(f)] (g) Limitation on Use of Amounts.--Amounts made
available under this Act may not be used to construct or repair
any Federal or non-Federal dam.
* * * * * * *