[113th Congress Public Law 121]
[From the U.S. Government Publishing Office]



[[Page 128 STAT. 1193]]

Public Law 113-121
113th Congress

                                 An Act


 
  To provide for improvements to the rivers and harbors of the United 
  States, to provide for the conservation and development of water and 
      related resources, and for other purposes. <<NOTE: June 10, 
                         2014 -  [H.R. 3080]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 33 USC 2201 note.>>  Short Title.--This Act may be cited 
as the ``Water Resources Reform and Development Act of 2014''.

    (b) Table of Contents.--

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

                TITLE I--PROGRAM REFORMS AND STREAMLINING

Sec. 1001. Vertical integration and acceleration of studies.
Sec. 1002. Consolidation of studies.
Sec. 1003. Expedited completion of reports.
Sec. 1004. Removal of duplicative analyses.
Sec. 1005. Project acceleration.
Sec. 1006. Expediting the evaluation and processing of permits.
Sec. 1007. Expediting approval of modifications and alterations of 
           projects by non-Federal interests.
Sec. 1008. Expediting hydropower at Corps of Engineers facilities.
Sec. 1009. Enhanced use of electronic commerce in Federal procurement.
Sec. 1010. Determination of project completion.
Sec. 1011. Prioritization.
Sec. 1012. Transparency in accounting and administrative expenses.
Sec. 1013. Evaluation of project Partnership Agreements.
Sec. 1014. Study and construction of water resources development 
           projects by non-Federal interests.
Sec. 1015. Contributions by non-Federal interests.
Sec. 1016. Operation and maintenance of certain projects.
Sec. 1017. Acceptance of contributed funds to increase lock operations.
Sec. 1018. Credit for in-kind contributions.
Sec. 1019. Clarification of in-kind credit authority.
Sec. 1020. Transfer of excess credit.
Sec. 1021. Crediting authority for federally authorized navigation 
           projects.
Sec. 1022. Credit in lieu of reimbursement.
Sec. 1023. Additional contributions by non-Federal interests.
Sec. 1024. Authority to accept and use materials and services.
Sec. 1025. Water resources projects on Federal land.
Sec. 1026. Clarification of impacts to other Federal facilities.
Sec. 1027. Clarification of munition disposal authorities.
Sec. 1028. Clarification of mitigation authority.
Sec. 1029. Clarification of interagency support authorities.
Sec. 1030. Continuing authority.
Sec. 1031. Tribal partnership program.
Sec. 1032. Territories of the United States.
Sec. 1033. Corrosion prevention.
Sec. 1034. Advanced modeling technologies.
Sec. 1035. Recreational access.
Sec. 1036. Non-Federal plans to provide additional flood risk reduction.

[[Page 128 STAT. 1194]]

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

                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

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

                 Subtitle B--Port and Harbor Maintenance

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

  TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS

                         Subtitle A--Dam Safety

Sec. 3001. Dam Safety.

                        Subtitle B--Levee Safety

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

 Subtitle C--Additional Safety Improvements and Risk Reduction Measures

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

[[Page 128 STAT. 1195]]

                TITLE IV--RIVER BASINS AND COASTAL AREAS

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

                 TITLE V--WATER INFRASTRUCTURE FINANCING

        Subtitle A--State Water Pollution Control Revolving Funds

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

                     Subtitle B--General Provisions

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

             Subtitle C--Innovative Financing Pilot Projects

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

            TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

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

                TITLE VII--WATER RESOURCES INFRASTRUCTURE

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

SEC. 2. <<NOTE: 33 USC 2201 note.>>  DEFINITION OF SECRETARY.

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

[[Page 128 STAT. 1196]]

                TITLE I--PROGRAM REFORMS AND STREAMLINING

SEC. 1001. <<NOTE: 33 USC 2282c.>>  VERTICAL INTEGRATION AND 
                          ACCELERATION OF STUDIES.

    (a) In General.--To the extent practicable, a feasibility study 
initiated by the Secretary, after the date of enactment of this Act, 
under section 905(a) of the Water Resources Development Act of 1986 (33 
U.S.C. 2282(a)) shall--
            (1) <<NOTE: Reports. Deadline.>>  result in the completion 
        of a final feasibility report not later than 3 years after the 
        date of initiation;
            (2) have a maximum Federal cost of $3,000,000; and
            (3) ensure that personnel from the district, division, and 
        headquarters levels of the Corps of Engineers concurrently 
        conduct the review required under that section.

    (b) <<NOTE: Determination. Deadline.>>  Extension.--If the Secretary 
determines that a feasibility study described in subsection (a) will not 
be conducted in accordance with subsection (a), the Secretary, not later 
than 30 days after the date of making the determination, shall--
            (1) <<NOTE: Cost estimate.>>  prepare an updated feasibility 
        study schedule and cost estimate;
            (2) <<NOTE: Notification.>>  notify the non-Federal 
        feasibility cost-sharing partner that the feasibility study has 
        been delayed; and
            (3) provide written notice to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives as to the reasons the requirements of subsection 
        (a) are not attainable.

    (c) <<NOTE: Time period.>>  Termination of Authorization.--A 
feasibility study for which the Secretary has issued a determination 
under subsection (b) is not authorized after the last day of the 1-year 
period beginning on the date of the determination if the Secretary has 
not completed the study on or before such last day.

    (d) Exception.--
            (1) <<NOTE: Time period. Determination.>>  In general.--
        Notwithstanding the requirements of subsection (c), the 
        Secretary may extend the timeline of a study by a period not to 
        exceed 3 years, if the Secretary determines that the feasibility 
        study is too complex to comply with the requirements of 
        subsections (a) and (c).
            (2) Factors.--In making a determination that a study is too 
        complex to comply with the requirements of subsections (a) and 
        (c), the Secretary shall consider--
                    (A) the type, size, location, scope, and overall 
                cost of the project;
                    (B) whether the project will use any innovative 
                design or construction techniques;
                    (C) whether the project will require significant 
                action by other Federal, State, or local agencies;
                    (D) whether there is significant public dispute as 
                to the nature or effects of the project; and
                    (E) whether there is significant public dispute as 
                to the economic or environmental costs or benefits of 
                the project.
            (3) Notification.--Each time the Secretary makes a 
        determination under this subsection, the Secretary shall provide 
        written notice to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation

[[Page 128 STAT. 1197]]

        and Infrastructure of the House of Representatives as to the 
        results of that determination, including an identification of 
        the specific 1 or more factors used in making the determination 
        that the project is complex.
            (4) Limitation.--The Secretary shall not extend the timeline 
        for a feasibility study for a period of more than 7 years, and 
        any feasibility study that is not completed before that date 
        shall no longer be authorized.

    (e) <<NOTE: Deadline.>>  Reviews.--Not later than 90 days after the 
date of the initiation of a study described in subsection (a) for a 
project, the Secretary shall--
            (1) take all steps necessary to initiate the process for 
        completing federally mandated reviews that the Secretary is 
        required to complete as part of the study, including the 
        environmental review process under section 1005;
            (2) <<NOTE: Meeting.>>  convene a meeting of all Federal, 
        tribal, and State agencies identified under section 2045(e) of 
        the Water Resources Development Act of 2007 (33 U.S.C. 2348(e)) 
        that may be required by law to conduct or issue a review, 
        analysis, or opinion on or to make a determination concerning a 
        permit or license for the study; and
            (3) take all steps necessary to provide information that 
        will enable required reviews and analyses related to the project 
        to be conducted by other agencies in a thorough and timely 
        manner.

    (f) <<NOTE: Public information.>>  Interim Report.--Not later than 
18 months after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report that describes--
            (1) the status of the implementation of the planning process 
        under this section, including the number of participating 
        projects;
            (2) a review of project delivery schedules, including a 
        description of any delays on those studies participating in the 
        planning process under this section; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the feasibility study process for 
        water resource projects.

    (g) <<NOTE: Public information.>>  Final Report.--Not later than 4 
years after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report that describes--
            (1) the status of the implementation of this section, 
        including a description of each feasibility study subject to the 
        requirements of this section;
            (2) the amount of time taken to complete each feasibility 
        study; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the feasibility study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts of 
        inflation.

[[Page 128 STAT. 1198]]

SEC. 1002. CONSOLIDATION OF STUDIES.

    (a) In General.--
            (1) Repeal.--Section 905(b) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2282(b)) is repealed.
            (2) Conforming amendment.--Section 905(a)(1) of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2282(a)(1)) is 
        amended by striking ``perform a reconnaissance study and''.

    (b) Contents of Feasibility Reports.--Section 905(a)(2) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2282(a)(2)) is amended by 
adding at the end the following: ``A feasibility report shall include a 
preliminary analysis of the Federal interest and the costs, benefits, 
and environmental impacts of the project.''.
    (c) Feasibility Studies.--Section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the end 
the following:
    ``(g) Detailed Project Schedule.--
            ``(1) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Certified mail.>>  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) <<NOTE: Time period. Deadlines.>>  for 
                projects that have received funding from the General 
                Investigations Account of the Corps of Engineers in the 
                period beginning on October 1, 2009, and ending on the 
                date of enactment of this subsection, not later than 180 
                days after the establishment of milestones under 
                paragraph (1); and
                    ``(B) for projects for which a feasibility cost-
                sharing agreement is executed after the establishment of 
                milestones under paragraph (1), not later than 90 days 
                after the date on which the agreement is executed.
            ``(4) <<NOTE: Effective date.>>  Congressional and public 
        notification.--Beginning in the first full fiscal year after the 
        date of enactment of this subsection, the Secretary shall--
                    ``(A) <<NOTE: Reports.>>  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) <<NOTE: Public information. Web 
                posting. Records. Deadline.>>  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.

[[Page 128 STAT. 1199]]

            ``(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) <<NOTE: Deadlines. Reports.>>  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) <<NOTE: Public information. Web 
                posting. Records.>>  not later than 30 days after each 
                missed deadline, make publicly available, including on 
                the Internet, a copy of the amended project schedule 
                described in subparagraph (A)(ii).''.

    (d) <<NOTE: 33 USC 2282 note.>>  Applicability.--The Secretary shall 
continue to carry out a study for which a reconnaissance level 
investigation has been initiated before the date of enactment of this 
Act as if this section, including the amendments made by this section, 
had not been enacted.
SEC. 1003. <<NOTE: 33 USC 2282 note.>>  EXPEDITED COMPLETION OF 
                          REPORTS.

    The Secretary shall--
            (1) expedite the completion of any on-going feasibility 
        study for a project initiated before the date of enactment of 
        this Act; and
            (2) <<NOTE: Determination.>>  if the Secretary determines 
        that the project is justified in a completed report, proceed 
        directly to preconstruction planning, engineering, and design of 
        the project in accordance with section 910 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2287).
SEC. 1004. REMOVAL OF DUPLICATIVE ANALYSES.

    Section 911 of the Water Resources Development Act of 1986 (33 
U.S.C. 2288) is repealed.
SEC. 1005. PROJECT ACCELERATION.

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

    ``(a) Definitions.--In this section:
            ``(1) Environmental impact statement.--The term 
        `environmental impact statement' means the detailed statement of 
        environmental impacts of a project required to be prepared 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            ``(2) Environmental review process.--
                    ``(A) In general.--The term `environmental review 
                process' means the process of preparing an environmental 
                impact statement, environmental assessment, categorical 
                exclusion, or other document under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) for a project study.
                    ``(B) Inclusions.--The term `environmental review 
                process' includes the process for and completion of any 
                environmental permit, approval, review, or study 
                required for a project study under any Federal law other 
                than the

[[Page 128 STAT. 1200]]

                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
            ``(3) Federal jurisdictional agency.--The term `Federal 
        jurisdictional agency' means a Federal agency with jurisdiction 
        delegated by law, regulation, order, or otherwise over a review, 
        analysis, opinion, statement, permit, license, or other approval 
        or decision required for a project study under applicable 
        Federal laws (including regulations).
            ``(4) Federal lead agency.--The term `Federal lead agency' 
        means the Corps of Engineers.
            ``(5) Project.--The term `project' means a water resources 
        development project to be carried out by the Secretary.
            ``(6) Project sponsor.--The term `project sponsor' has the 
        meaning given the term `non-Federal interest' in section 221(b) 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
            ``(7) Project study.--The term `project study' means a 
        feasibility study for a project carried out pursuant to section 
        905 of the Water Resources Development Act of 1986 (33 U.S.C. 
        2282).

    ``(b) Applicability.--
            ``(1) In general.--This section--
                    ``(A) shall apply to each project study that is 
                initiated after the date of enactment of the Water 
                Resources Reform and Development Act of 2014 and for 
                which an environmental impact statement is prepared 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                    ``(B) may be applied, to the extent determined 
                appropriate by the Secretary, to other project studies 
                initiated after such date of enactment and for which an 
                environmental review process document is prepared under 
                that Act.
            ``(2) Flexibility.--Any authority granted under this section 
        may be exercised, and any requirement established under this 
        section may be satisfied, for the conduct of an environmental 
        review process for a project study, a class of project studies, 
        or a program of project studies.
            ``(3) List of project studies.--
                    ``(A) <<NOTE: Deadline. Public information.>>  In 
                general.--The Secretary shall annually prepare, and make 
                publicly available, a separate list of each study that 
                the Secretary has determined--
                          ``(i) meets the standards described in 
                      paragraph (1); and
                          ``(ii) does not have adequate funding to make 
                      substantial progress toward the completion of the 
                      project study.
                    ``(B) Inclusions.--The Secretary shall include for 
                each project study on the list under subparagraph (A) a 
                description of the estimated amounts necessary to make 
                substantial progress on the project study.

    ``(c) Project Review Process.--
            ``(1) In general.--The Secretary shall develop and implement 
        a coordinated environmental review process for the development 
        of project studies.
            ``(2) Coordinated review.--The coordinated environmental 
        review process described in paragraph (1) shall require that any 
        review, analysis, opinion, statement, permit, license,

[[Page 128 STAT. 1201]]

        or other approval or decision issued or made by a Federal, 
        State, or local governmental agency or an Indian tribe for a 
        project study described in subsection (b) be conducted, to the 
        maximum extent practicable, concurrently with any other 
        applicable governmental agency or Indian tribe.
            ``(3) <<NOTE: Deadline. Consultation.>>  Timing.--The 
        coordinated environmental review process under this subsection 
        shall be completed not later than the date on which the 
        Secretary, in consultation and concurrence with the agencies 
        identified under subsection (e), establishes with respect to the 
        project study.

    ``(d) Lead Agencies.--
            ``(1) Joint lead agencies.--
                    ``(A) In general.--At the discretion of the 
                Secretary and subject to the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and the requirements of section 1506.8 of 
                title 40, Code of Federal Regulations (or successor 
                regulations), including the concurrence of the proposed 
                joint lead agency, a project sponsor may serve as the 
                joint lead agency.
                    ``(B) Project sponsor as joint lead agency.--A 
                project sponsor that is a State or local governmental 
                entity may--
                          ``(i) with the concurrence of the Secretary, 
                      serve as a joint lead agency with the Federal lead 
                      agency for purposes of preparing any environmental 
                      document under the National Environmental Policy 
                      Act of 1969 (42 U.S.C. 4321 et seq.); and
                          ``(ii) prepare any environmental review 
                      process document under the National Environmental 
                      Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                      required in support of any action or approval by 
                      the Secretary if--
                                    ``(I) the Secretary provides 
                                guidance in the preparation process and 
                                independently evaluates that document;
                                    ``(II) the project sponsor complies 
                                with all requirements applicable to the 
                                Secretary under--
                                            ``(aa) the National 
                                        Environmental Policy Act of 1969 
                                        (42 U.S.C. 4321 et seq.);
                                            ``(bb) any regulation 
                                        implementing that Act; and
                                            ``(cc) any other applicable 
                                        Federal law; and
                                    ``(III) the Secretary approves and 
                                adopts the document before the Secretary 
                                takes any subsequent action or makes any 
                                approval based on that document, 
                                regardless of whether the action or 
                                approval of the Secretary results in 
                                Federal funding.
            ``(2) Duties.--The Secretary shall ensure that--
                    ``(A) the project sponsor complies with all design 
                and mitigation commitments made jointly by the Secretary 
                and the project sponsor in any environmental document 
                prepared by the project sponsor in accordance with this 
                subsection; and
                    ``(B) any environmental document prepared by the 
                project sponsor is appropriately supplemented to address 
                any changes to the project the Secretary determines are 
                necessary.

[[Page 128 STAT. 1202]]

            ``(3) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency making any determination 
        related to the project study to the same extent that the Federal 
        agency could adopt or use a document prepared by another Federal 
        agency under--
                    ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    ``(B) parts 1500 through 1508 of title 40, Code of 
                Federal Regulations (or successor regulations).
            ``(4) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any project study, the 
        Federal lead agency shall have authority and responsibility--
                    ``(A) to take such actions as are necessary and 
                proper and within the authority of the Federal lead 
                agency to facilitate the expeditious resolution of the 
                environmental review process for the project study; and
                    ``(B) to prepare or ensure that any required 
                environmental impact statement or other environmental 
                review document for a project study required to be 
                completed under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) is completed in accordance 
                with this section and applicable Federal law.

    ``(e) Participating and Cooperating Agencies.--
            ``(1) Identification of jurisdictional agencies.--With 
        respect to carrying out the environmental review process for a 
        project study, the Secretary shall identify, as early as 
        practicable in the environmental review process, all Federal, 
        State, and local government agencies and Indian tribes that 
        may--
                    ``(A) have jurisdiction over the project;
                    ``(B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    ``(C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for the 
                project study.
            ``(2) State authority.--If the environmental review process 
        is being implemented by the Secretary for a project study within 
        the boundaries of a State, the State, consistent with State law, 
        may choose to participate in the process and to make subject to 
        the process all State agencies that--
                    ``(A) have jurisdiction over the project;
                    ``(B) are required to conduct or issue a review, 
                analysis, opinion, or statement for the project study; 
                or
                    ``(C) are required to make a determination on 
                issuing a permit, license, or other approval or decision 
                for the project study.
            ``(3) Invitation.--
                    ``(A) In general.--The Federal lead agency shall 
                invite, as early as practicable in the environmental 
                review process, any agency identified under paragraph 
                (1) to become a participating or cooperating agency, as 
                applicable, in the environmental review process for the 
                project study.
                    ``(B) Deadline.--An invitation to participate issued 
                under subparagraph (A) shall set a deadline by which a 
                response to the invitation shall be submitted, which

[[Page 128 STAT. 1203]]

                may be extended by the Federal lead agency for good 
                cause.
            ``(4) Procedures.--Section 1501.6 of title 40, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        the Water Resources Reform and Development Act of 2014) shall 
        govern the identification and the participation of a cooperating 
        agency.
            ``(5) Federal cooperating agencies.--Any Federal agency that 
        is invited by the Federal lead agency to participate in the 
        environmental review process for a project study shall be 
        designated as a cooperating agency by the Federal lead agency 
        unless the invited agency informs the Federal lead agency, in 
        writing, by the deadline specified in the invitation that the 
        invited agency--
                    ``(A)(i)(I) has no jurisdiction or authority with 
                respect to the project;
                          ``(II) has no expertise or information 
                      relevant to the project; or
                          ``(III) does not have adequate funds to 
                      participate in the project; and
                    ``(ii) does not intend to submit comments on the 
                project; or
                    ``(B) does not intend to submit comments on the 
                project.
            ``(6) Administration.--A participating or cooperating agency 
        shall comply with this section and any schedule established 
        under this section.
            ``(7) Effect of designation.--Designation as a participating 
        or cooperating agency under this subsection shall not imply that 
        the participating or cooperating agency--
                    ``(A) supports a proposed project; or
                    ``(B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the project.
            ``(8) Concurrent reviews.--Each participating or cooperating 
        agency shall--
                    ``(A) carry out the obligations of that agency under 
                other applicable law concurrently and in conjunction 
                with the required environmental review process, unless 
                doing so would prevent the participating or cooperating 
                agency from conducting needed analysis or otherwise 
                carrying out those obligations; and
                    ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the agency 
                to ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.

    ``(f) Programmatic Compliance.--
            ``(1) <<NOTE: Guidance.>>  In general.--The Secretary shall 
        issue guidance regarding the use of programmatic approaches to 
        carry out the environmental review process that--
                    ``(A) eliminates repetitive discussions of the same 
                issues;
                    ``(B) focuses on the actual issues ripe for analyses 
                at each level of review;
                    ``(C) establishes a formal process for coordinating 
                with participating and cooperating agencies, including 
                the creation of a list of all data that is needed to 
                carry out an environmental review process; and
                    ``(D) complies with--

[[Page 128 STAT. 1204]]

                          ``(i) the National Environmental Policy Act of 
                      1969 (42 U.S.C. 4321 et seq.); and
                          ``(ii) all other applicable laws.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    ``(A) <<NOTE: Consultation.>>  as the first step in 
                drafting guidance under that paragraph, consult with 
                relevant Federal, State, and local governmental 
                agencies, Indian tribes, and the public on the 
                appropriate use and scope of the programmatic 
                approaches;
                    ``(B) emphasize the importance of collaboration 
                among relevant Federal, State, and local governmental 
                agencies, and Indian tribes in undertaking programmatic 
                reviews, especially with respect to including reviews 
                with a broad geographical scope;
                    ``(C) ensure that the programmatic reviews--
                          ``(i) promote transparency, including of the 
                      analyses and data used in the environmental review 
                      process, the treatment of any deferred issues 
                      raised by Federal, State, and local governmental 
                      agencies, Indian tribes, or the public, and the 
                      temporal and special scales to be used to analyze 
                      those issues;
                          ``(ii) use accurate and timely information in 
                      the environmental review process, including--
                                    ``(I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    ``(II) the timeline for updating any 
                                out-of-date review;
                          ``(iii) describe--
                                    ``(I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    ``(II) the role of the public in the 
                                creation of future tiered analysis; and
                          ``(iv) are available to other relevant 
                      Federal, State, and local governmental agencies, 
                      Indian tribes, and the public;
                    ``(D) <<NOTE: Deadline. Public information.>>  allow 
                not fewer than 60 days of public notice and comment on 
                any proposed guidance; and
                    ``(E) address any comments received under 
                subparagraph (D).

    ``(g) Coordinated Reviews.--
            ``(1) Coordination plan.--
                    ``(A) Establishment.--
                          ``(i) <<NOTE: Consultation.>>  In general.--
                      The Federal lead agency shall, after consultation 
                      with and with the concurrence of each 
                      participating and cooperating agency and the 
                      project sponsor or joint lead agency, as 
                      applicable, establish a plan for coordinating 
                      public and agency participation in, and comment 
                      on, the environmental review process for a project 
                      study or a category of project studies.
                          ``(ii) Incorporation.--The plan established 
                      under clause (i) shall be incorporated into the 
                      project schedule milestones set under section 
                      905(g)(2) of the Water Resources Development Act 
                      of 1986 (33 U.S.C. 2282(g)(2)).
                    ``(B) Schedule.--

[[Page 128 STAT. 1205]]

                          ``(i) <<NOTE: Deadline. Consultation.>>  In 
                      general.--As soon as practicable but not later 
                      than 45 days after the close of the public comment 
                      period on a draft environmental impact statement, 
                      the Federal lead agency, after consultation with 
                      and the concurrence of each participating and 
                      cooperating agency and the project sponsor or 
                      joint lead agency, as applicable, shall establish, 
                      as part of the coordination plan established in 
                      subparagraph (A), a schedule for completion of the 
                      environmental review process for the project 
                      study.
                          ``(ii) Factors for consideration.--In 
                      establishing a schedule, the Secretary shall 
                      consider factors such as--
                                    ``(I) the responsibilities of 
                                participating and cooperating agencies 
                                under applicable laws;
                                    ``(II) the resources available to 
                                the project sponsor, joint lead agency, 
                                and other relevant Federal and State 
                                agencies, as applicable;
                                    ``(III) the overall size and 
                                complexity of the project;
                                    ``(IV) the overall schedule for and 
                                cost of the project; and
                                    ``(V) the sensitivity of the natural 
                                and historical resources that could be 
                                affected by the project.
                          ``(iii) Modifications.--The Secretary may--
                                    ``(I) lengthen a schedule 
                                established under clause (i) for good 
                                cause; and
                                    ``(II) shorten a schedule only with 
                                concurrence of the affected 
                                participating and cooperating agencies 
                                and the project sponsor or joint lead 
                                agency, as applicable.
                          ``(iv) <<NOTE: Records.>>  Dissemination.--A 
                      copy of a schedule established under clause (i) 
                      shall be--
                                    ``(I) provided to each participating 
                                and cooperating agency and the project 
                                sponsor or joint lead agency, as 
                                applicable; and
                                    ``(II) <<NOTE: Public 
                                information.>>  made available to the 
                                public.
            ``(2) <<NOTE: Time periods.>>  Comment deadlines.--The 
        Federal lead agency shall establish the following deadlines for 
        comment during the environmental review process for a project 
        study:
                    ``(A) <<NOTE: Federal Register, 
                publication. Notice.>>  Draft environmental impact 
                statements.--For comments by Federal and States agencies 
                and the public on a draft environmental impact 
                statement, a period of not more than 60 days after 
                publication in the Federal Register of notice of the 
                date of public availability of the draft environmental 
                impact statement, unless--
                          ``(i) a different deadline is established by 
                      agreement of the Federal lead agency, the project 
                      sponsor or joint lead agency, as applicable, and 
                      all participating and cooperating agencies; or
                          ``(ii) the deadline is extended by the Federal 
                      lead agency for good cause.
                    ``(B) Other environmental review processes.--For all 
                other comment periods established by the Federal lead 
                agency for agency or public comments in the 
                environmental review process, a period of not more than 
                30 days after

[[Page 128 STAT. 1206]]

                the date on which the materials on which comment is 
                requested are made available, unless--
                          ``(i) a different deadline is established by 
                      agreement of the Federal lead agency, the project 
                      sponsor, or joint lead agency, as applicable, and 
                      all participating and cooperating agencies; or
                          ``(ii) the deadline is extended by the Federal 
                      lead agency for good cause.
            ``(3) <<NOTE: Notifications.>>  Deadlines for decisions 
        under other laws.--In any case in which a decision under any 
        Federal law relating to a project study, including the issuance 
        or denial of a permit or license, is required to be made by the 
        date described in subsection (h)(5)(B)(ii), the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure of 
        the House of Representatives--
                    ``(A) as soon as practicable after the 180-day 
                period described in subsection (h)(5)(B)(ii), an initial 
                notice of the failure of the Federal agency to make the 
                decision; and
                    ``(B) every 60 days thereafter until such date as 
                all decisions of the Federal agency relating to the 
                project study have been made by the Federal agency, an 
                additional notice that describes the number of decisions 
                of the Federal agency that remain outstanding as of the 
                date of the additional notice.
            ``(4) Involvement of the public.--Nothing in this subsection 
        reduces any time period provided for public comment in the 
        environmental review process under applicable Federal law 
        (including regulations).
            ``(5) Transparency reporting.--
                    ``(A) <<NOTE: Database. Public information.>>  
                Reporting requirements.--Not later than 1 year after the 
                date of enactment of the Water Resources Reform and 
                Development Act of 2014, the Secretary shall establish 
                and maintain an electronic database and, in coordination 
                with other Federal and State agencies, issue reporting 
                requirements to make publicly available the status and 
                progress with respect to compliance with applicable 
                requirements of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et. seq.) and any other Federal, 
                State, or local approval or action required for a 
                project study for which this section is applicable.
                    ``(B) <<NOTE: Publication.>>  Project study 
                transparency.--Consistent with the requirements 
                established under subparagraph (A), the Secretary shall 
                publish the status and progress of any Federal, State, 
                or local decision, action, or approval required under 
                applicable laws for each project study for which this 
                section is applicable.

    ``(h) Issue Identification and Resolution.--
            ``(1) Cooperation.--The Federal lead agency, the cooperating 
        agencies, and any participating agencies shall work 
        cooperatively in accordance with this section to identify and 
        resolve issues that could delay completion of the environmental 
        review process or result in the denial of any approval required 
        for the project study under applicable laws.
            ``(2) Federal lead agency responsibilities.--

[[Page 128 STAT. 1207]]

                    ``(A) In general.--The Federal lead agency shall 
                make information available to the cooperating agencies 
                and participating agencies as early as practicable in 
                the environmental review process regarding the 
                environmental and socioeconomic resources located within 
                the project area and the general locations of the 
                alternatives under consideration.
                    ``(B) Data sources.--The information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            ``(3) Cooperating and participating agency 
        responsibilities.--Based on information received from the 
        Federal lead agency, cooperating and participating agencies 
        shall identify, as early as practicable, any issues of concern 
        regarding the potential environmental or socioeconomic impacts 
        of the project, including any issues that could substantially 
        delay or prevent an agency from granting a permit or other 
        approval that is needed for the project study.
            ``(4) Accelerated issue resolution and elevation.--
                    ``(A) <<NOTE: Meeting.>>  In general.--On the 
                request of a participating or cooperating agency or 
                project sponsor, the Secretary shall convene an issue 
                resolution meeting with the relevant participating and 
                cooperating agencies and the project sponsor or joint 
                lead agency, as applicable, to resolve issues that may--
                          ``(i) delay completion of the environmental 
                      review process; or
                          ``(ii) result in denial of any approval 
                      required for the project study under applicable 
                      laws.
                    ``(B) <<NOTE: Deadline.>>  Meeting date.--A meeting 
                requested under this paragraph shall be held not later 
                than 21 days after the date on which the Secretary 
                receives the request for the meeting, unless the 
                Secretary determines that there is good cause to extend 
                that deadline.
                    ``(C) Notification.--On receipt of a request for a 
                meeting under this paragraph, the Secretary shall notify 
                all relevant participating and cooperating agencies of 
                the request, including the issue to be resolved and the 
                date for the meeting.
                    ``(D) <<NOTE: Time period.>>  Elevation of issue 
                resolution.--If a resolution cannot be achieved within 
                the 30 day-period beginning on the date of a meeting 
                under this paragraph and a determination is made by the 
                Secretary that all information necessary to resolve the 
                issue has been obtained, the Secretary shall forward the 
                dispute to the heads of the relevant agencies for 
                resolution.
                    ``(E) Convention by secretary.--The Secretary may 
                convene an issue resolution meeting under this paragraph 
                at any time, at the discretion of the Secretary, 
                regardless of whether a meeting is requested under 
                subparagraph (A).
            ``(5) Financial penalty provisions.--
                    ``(A) In general.--A Federal jurisdictional agency 
                shall complete any required approval or decision for the 
                environmental review process on an expeditious basis 
                using the shortest existing applicable process.
                    ``(B) Failure to decide.--

[[Page 128 STAT. 1208]]

                          ``(i) <<NOTE: Deadline.>>  In general.--If a 
                      Federal jurisdictional agency fails to render a 
                      decision required under any Federal law relating 
                      to a project study that requires the preparation 
                      of an environmental impact statement or 
                      environmental assessment, including the issuance 
                      or denial of a permit, license, statement, 
                      opinion, or other approval by the date described 
                      in clause (ii), the amount of funds made available 
                      to support the office of the head of the Federal 
                      jurisdictional agency shall be reduced by an 
                      amount of funding equal to the amounts specified 
                      in subclause (I) or (II) and those funds shall be 
                      made available to the division of the Federal 
                      jurisdictional agency charged with rendering the 
                      decision by not later than 1 day after the 
                      applicable date under clause (ii), and once each 
                      week thereafter until a final decision is 
                      rendered, subject to subparagraph (C)--
                                    ``(I) $20,000 for any project study 
                                requiring the preparation of an 
                                environmental assessment or 
                                environmental impact statement; or
                                    ``(II) $10,000 for any project study 
                                requiring any type of review under the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) other than 
                                an environmental assessment or 
                                environmental impact statement.
                          ``(ii) <<NOTE: Time period.>>  Description of 
                      date.--The date referred to in clause (i) is the 
                      later of--
                                    ``(I) the date that is 180 days 
                                after the date on which an application 
                                for the permit, license, or approval is 
                                complete; and
                                    ``(II) the date that is 180 days 
                                after the date on which the Federal lead 
                                agency issues a decision on the project 
                                under the National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Limitations.--
                          ``(i) In general.--No transfer of funds under 
                      subparagraph (B) relating to an individual project 
                      study shall exceed, in any fiscal year, an amount 
                      equal to 1 percent of the funds made available for 
                      the applicable agency office.
                          ``(ii) Failure to decide.--The total amount 
                      transferred in a fiscal year as a result of a 
                      failure by an agency to make a decision by an 
                      applicable deadline shall not exceed an amount 
                      equal to 5 percent of the funds made available for 
                      the applicable agency office for that fiscal year.
                          ``(iii) Aggregate.--Notwithstanding any other 
                      provision of law, for each fiscal year, the 
                      aggregate amount of financial penalties assessed 
                      against each applicable agency office under the 
                      Water Resources Reform and Development Act of 2014 
                      and any other Federal law as a result of a failure 
                      of the agency to make a decision by an applicable 
                      deadline for environmental review, including the 
                      total amount transferred under this paragraph, 
                      shall not exceed an amount equal to 9.5 percent of 
                      the funds made available for the agency office for 
                      that fiscal year.

[[Page 128 STAT. 1209]]

                    ``(D) No fault of agency.--
                          ``(i) In general.--A transfer of funds under 
                      this paragraph shall not be made if the applicable 
                      agency described in subparagraph (A) notifies, 
                      with a supporting explanation, the Federal lead 
                      agency, cooperating agencies, and project sponsor, 
                      as applicable, that--
                                    ``(I) the agency has not received 
                                necessary information or approvals from 
                                another entity in a manner that affects 
                                the ability of the agency to meet any 
                                requirements under Federal, State, or 
                                local law;
                                    ``(II) significant new information, 
                                including from public comments, or 
                                circumstances, including a major 
                                modification to an aspect of the 
                                project, requires additional analysis 
                                for the agency to make a decision on the 
                                project application; or
                                    ``(III) the agency lacks the 
                                financial resources to complete the 
                                review under the scheduled time frame, 
                                including a description of the number of 
                                full-time employees required to complete 
                                the review, the amount of funding 
                                required to complete the review, and a 
                                justification as to why not enough 
                                funding is available to complete the 
                                review by the deadline.
                          ``(ii) Lack of financial resources.--If the 
                      agency provides notice under clause (i)(III), the 
                      Inspector General of the agency shall--
                                    ``(I) <<NOTE: Audit.>>  conduct a 
                                financial audit to review the notice; 
                                and
                                    ``(II) <<NOTE: Deadline. Reports.>>  
                                not later than 90 days after the date on 
                                which the review described in subclause 
                                (I) is completed, submit to the 
                                Committee on Environment and Public 
                                Works of the Senate and the Committee on 
                                Transportation and Infrastructure of the 
                                House of Representatives a report on the 
                                notice.
                    ``(E) Limitation.--The Federal agency from which 
                funds are transferred pursuant to this paragraph shall 
                not reprogram funds to the office of the head of the 
                agency, or equivalent office, to reimburse that office 
                for the loss of the funds.
                    ``(F) Effect of paragraph.--Nothing in this 
                paragraph affects or limits the application of, or 
                obligation to comply with, any Federal, State, local, or 
                tribal law.

    ``(i) Memorandum of Agreements for Early Coordination.--
            ``(1) Sense of congress.--It is the sense of Congress that--
                    ``(A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental review 
                process should cooperate with each other, State 
                agencies, and Indian tribes on environmental review and 
                project delivery activities at the earliest practicable 
                time to avoid delays and duplication of effort later in 
                the process, prevent potential conflicts, and ensure 
                that planning and project development decisions reflect 
                environmental values; and

[[Page 128 STAT. 1210]]

                    ``(B) the cooperation referred to in subparagraph 
                (A) should include the development of policies and the 
                designation of staff that advise planning agencies and 
                project sponsors of studies or other information 
                foreseeably required for later Federal action and early 
                consultation with appropriate State and local agencies 
                and Indian tribes.
            ``(2) Technical assistance.--If requested at any time by a 
        State or project sponsor, the Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance to the State or project sponsor in carrying out early 
        coordination activities.
            ``(3) <<NOTE: Consultation.>>  Memorandum of agency 
        agreement.--If requested at any time by a State or project 
        sponsor, the Federal lead agency, in consultation with other 
        Federal agencies with relevant jurisdiction in the environmental 
        review process, may establish memoranda of agreement with the 
        project sponsor, Indian tribe, State and local governments, and 
        other appropriate entities to carry out the early coordination 
        activities, including providing technical assistance in 
        identifying potential impacts and mitigation issues in an 
        integrated fashion.

    ``(j) Limitations.--Nothing in this section preempts or interferes 
with--
            ``(1) any obligation to comply with the provisions of any 
        Federal law, including--
                    ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    ``(B) any other Federal environmental law;
            ``(2) the reviewability of any final Federal agency action 
        in a court of the United States or in the court of any State;
            ``(3) any requirement for seeking, considering, or 
        responding to public comment; or
            ``(4) any power, jurisdiction, responsibility, duty, or 
        authority that a Federal, State, or local governmental agency, 
        Indian tribe, or project sponsor has with respect to carrying 
        out a project or any other provision of law applicable to 
        projects.

    ``(k) Timing of Claims.--
            ``(1) Timing.--
                    ``(A) <<NOTE: Deadline.>>  In general.--
                Notwithstanding any other provision of law, a claim 
                arising under Federal law seeking judicial review of a 
                permit, license, or other approval issued by a Federal 
                agency for a project study shall be barred unless the 
                claim is filed not later than 3 years after publication 
                of a notice in the Federal Register announcing that the 
                permit, license, or other approval is final pursuant to 
                the law under which the agency action is taken, unless a 
                shorter time is specified in the Federal law that allows 
                judicial review.
                    ``(B) Applicability.--Nothing in this subsection 
                creates a right to judicial review or places any limit 
                on filing a claim that a person has violated the terms 
                of a permit, license, or other approval.
            ``(2) New information.--
                    ``(A) In general.--The Secretary shall consider new 
                information received after the close of a comment period

[[Page 128 STAT. 1211]]

                if the information satisfies the requirements for a 
                supplemental environmental impact statement under title 
                40, Code of Federal Regulations (including successor 
                regulations).
                    ``(B) <<NOTE: Deadline.>>  Separate action.--The 
                preparation of a supplemental environmental impact 
                statement or other environmental document, if required 
                under this section, shall be considered a separate final 
                agency action and the deadline for filing a claim for 
                judicial review of the action shall be 3 years after the 
                date of publication of a notice in the Federal Register 
                announcing the action relating to such supplemental 
                environmental impact statement or other environmental 
                document.

    ``(l) Categorical Exclusions.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of the Water Resources Reform 
        and Development Act of 2014, the Secretary shall--
                    ``(A) <<NOTE: Survey.>>  survey the use by the Corps 
                of Engineers of categorical exclusions in projects since 
                2005;
                    ``(B) <<NOTE: Publication.>>  publish a review of 
                the survey that includes a description of--
                          ``(i) the types of actions that were 
                      categorically excluded or could be the basis for 
                      developing a new categorical exclusion; and
                          ``(ii) any requests previously received by the 
                      Secretary for new categorical exclusions; and
                    ``(C) solicit requests from other Federal agencies 
                and project sponsors for new categorical exclusions.
            ``(2) <<NOTE: Deadline. Publication. Notice.>>  New 
        categorical exclusions.--Not later than 1 year after the date of 
        enactment of the Water Resources Reform and Development Act of 
        2014, if the Secretary has identified a category of activities 
        that merit establishing a categorical exclusion that did not 
        exist on the day before the date of enactment of the Water 
        Resources Reform and Development Act of 2014 based on the review 
        under paragraph (1), the Secretary shall publish a notice of 
        proposed rulemaking to propose that new categorical exclusion, 
        to the extent that the categorical exclusion meets the criteria 
        for a categorical exclusion under section 1508.4 of title 40, 
        Code of Federal Regulations (or successor regulation).

    ``(m) Review of Project Acceleration Reforms.--
            ``(1) In general.--The Comptroller General of the United 
        States shall--
                    ``(A) assess the reforms carried out under this 
                section; and
                    ``(B) <<NOTE: Deadlines. Reports.>>  not later than 
                5 years and not later than 10 years after the date of 
                enactment of the Water Resources Reform and Development 
                Act of 2014, submit to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a report that describes the results of 
                the assessment.
            ``(2) <<NOTE: Evaluation.>>  Contents.--The reports under 
        paragraph (1) shall include an evaluation of impacts of the 
        reforms carried out under this section on--
                    ``(A) project delivery;
                    ``(B) compliance with environmental laws; and

[[Page 128 STAT. 1212]]

                    ``(C) the environmental impact of projects.

    ``(n) <<NOTE: Reports.>>  Performance Measurement.--The Secretary 
shall establish a program to measure and report on progress made toward 
improving and expediting the planning and environmental review process.

    ``(o) <<NOTE: Consultation.>>  Implementation Guidance.--The 
Secretary shall prepare, in consultation with the Council on 
Environmental Quality and other Federal agencies with jurisdiction over 
actions or resources that may be impacted by a project, guidance 
documents that describe the coordinated environmental review processes 
that the Secretary intends to use to implement this section for the 
planning of projects, in accordance with the civil works program of the 
Corps of Engineers and all applicable law.''.
            (2) Clerical amendment.--The table of contents contained in 
        section 1(b) of the Water Resources Development Act of 2007 (121 
        Stat. 1042) is amended by striking the item relating to section 
        2045 and inserting the following:

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

    (b) <<NOTE: 33 USC 2349.>>  Categorical Exclusions in Emergencies.--
For the repair, reconstruction, or rehabilitation of a water resources 
project that is in operation or under construction when damaged by an 
event or incident that results in a declaration by the President of a 
major disaster or emergency pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
Secretary shall treat such repair, reconstruction, or rehabilitation 
activity as a class of action categorically excluded from the 
requirements relating to environmental assessments or environmental 
impact statements under section 1508.4 of title 40, Code of Federal 
Regulations (or successor regulations), if the repair or reconstruction 
activity is--
            (1) in the same location with the same capacity, dimensions, 
        and design as the original water resources project as before the 
        declaration described in this section; and
            (2) <<NOTE: Time period.>>  commenced within a 2-year period 
        beginning on the date of a declaration described in this 
        subsection.
SEC. 1006. EXPEDITING THE EVALUATION AND PROCESSING OF PERMITS.

    Section 214 of the Water Resources Development Act of 2000 (Public 
Law 106-541; 33 U.S.C. 2201 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--The Secretary'' 
                and inserting the following:

    ``(a) Funding to Process Permits.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Natural gas company.--The term `natural gas 
                company' has the meaning given the term in section 1262 
                of the Public Utility Holding Company Act of 2005 (42 
                U.S.C. 16451), except that the term also includes a 
                person engaged in the transportation of natural gas in 
                intrastate commerce.
                    ``(B) Public-utility company.--The term `public-
                utility company' has the meaning given the term in 
                section 1262 of the Public Utility Holding Company Act 
                of 2005 (42 U.S.C. 16451).
            ``(2) Permit processing.--The Secretary'';

[[Page 128 STAT. 1213]]

                    (B) in paragraph (2) (as so designated)--
                          (i) by inserting ``or a public-utility company 
                      or natural gas company'' after ``non-Federal 
                      public entity''; and
                          (ii) by inserting ``or company'' after ``that 
                      entity''; and
                    (C) by adding at the end the following:
            ``(3) Limitation for public-utility and natural gas 
        companies.-- <<NOTE: Expiration date.>> The authority provided 
        under paragraph (2) to a public-utility company or natural gas 
        company shall expire on the date that is 7 years after the date 
        of enactment of this paragraph.
            ``(4) Effect on other entities.--To the maximum extent 
        practicable, the Secretary shall ensure that expediting the 
        evaluation of a permit through the use of funds accepted and 
        expended under this section does not adversely affect the 
        timeline for evaluation (in the Corps district in which the 
        project or activity is located) of permits under the 
        jurisdiction of the Department of the Army of other entities 
        that have not contributed funds under this section.
            ``(5) <<NOTE: Deadline.>>  GAO study.--Not later than 4 
        years after the date of enactment of this paragraph, the 
        Comptroller General of the United States shall carry out a study 
        of the implementation by the Secretary of the authority provided 
        under paragraph (2) to public-utility companies and natural gas 
        companies.''; and
            (2) by striking subsections (d) and (e) and inserting the 
        following:

    ``(d) <<NOTE: Web posting.>>  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

[[Page 128 STAT. 1214]]

                    ``(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) <<NOTE: Public information. Web posting.>>  
                make each report received under subparagraph (A) 
                available on a single publicly accessible Internet 
                site.''.
SEC. 1007. <<NOTE: 33 USC 408a.>>  EXPEDITING APPROVAL OF 
                          MODIFICATIONS AND ALTERATIONS OF 
                          PROJECTS BY NON-FEDERAL INTERESTS.

    (a) Section 14 Application Defined.--In this section, the term 
``section 14 application'' means an application submitted by an 
applicant to the Secretary requesting permission for the temporary 
occupation or use of a public work, or the alteration or permanent 
occupation or use of a public work, under section 14 of the Act of March 
3, 1899 (commonly known as the ``Rivers and Harbors Appropriation Act of 
1899'') (33 U.S.C. 408).
    (b) <<NOTE: Deadline.>>  Review.--Not later than 1 year after the 
date of enactment of this Act, the Secretary, after providing notice and 
an opportunity for comment, shall establish a process for the review of 
section 14 applications in a timely and consistent manner.

    (c) Benchmark Goals.--
            (1) Establishment of benchmark goals.--In carrying out 
        subsection (b), the Secretary shall--
                    (A) establish benchmark goals for determining the 
                amount of time it should take the Secretary to determine 
                whether a section 14 application is complete;
                    (B) establish benchmark goals for determining the 
                amount of time it should take the Secretary to approve 
                or disapprove a section 14 application; and
                    (C) to the extent practicable, use such benchmark 
                goals to make a decision on section 14 applications in a 
                timely and consistent manner.
            (2) <<NOTE: Deadlines.>>  Benchmark goals.--
                    (A) Benchmark goals for determining whether section 
                14 applications are complete.--To the extent 
                practicable, the benchmark goals established under 
                paragraph (1) shall provide that--
                          (i) the Secretary reach a decision on whether 
                      a section 14 application is complete not later 
                      than 15 days after the date of receipt of the 
                      application; and
                          (ii) <<NOTE: Determination. Notification.>>  
                      if the Secretary determines that a section 14 
                      application is not complete, the Secretary 
                      promptly notify the applicant of the specific 
                      information that is missing or the analysis that 
                      is needed to complete the application.
                    (B) Benchmark goals for reviewing completed 
                applications.--To the extent practicable, the benchmark 
                goals established under paragraph (1) shall provide 
                that--
                          (i) the Secretary generally approve or 
                      disapprove a completed section 14 application not 
                      later than 45

[[Page 128 STAT. 1215]]

                      days after the date of receipt of the completed 
                      application; and
                          (ii) in a case in which the Secretary 
                      determines that additional time is needed to 
                      review a completed section 14 application due to 
                      the type, size, cost, complexity, or impacts of 
                      the actions proposed in the application, the 
                      Secretary generally approve or disapprove the 
                      application not later than 180 days after the date 
                      of receipt of the completed application.
            (3) Notice.--In any case in which the Secretary determines 
        that it will take the Secretary more than 45 days to review a 
        completed section 14 application, the Secretary shall--
                    (A) provide written notification to the applicant; 
                and
                    (B) include in the written notice a best estimate of 
                the Secretary as to the amount of time required for 
                completion of the review.

    (d) <<NOTE: Notification.>>  Failure To Achieve Benchmark Goals.--In 
any case in which the Secretary fails make a decision on a section 14 
application in accordance with the process established under this 
section, the Secretary shall provide written notice to the applicant, 
including a detailed description of--
            (1) why the Secretary failed to make a decision in 
        accordance with such process;
            (2) the additional actions required before the Secretary 
        will issue a decision; and
            (3) the amount of time the Secretary will require to issue a 
        decision.

    (e) Notification.--
            (1) <<NOTE: Records.>>  Submission to congress.--The 
        Secretary shall provide a copy of any written notice provided 
        under subsection (d) to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.
            (2) <<NOTE: Database.>>  Public availability.--The Secretary 
        shall maintain a publicly available database, including on the 
        Internet, on--
                    (A) all section 14 applications received by the 
                Secretary; and
                    (B) the current status of such applications.
SEC. 1008. <<NOTE: 33 USC 2321b.>>  EXPEDITING HYDROPOWER AT CORPS 
                          OF ENGINEERS FACILITIES.

    (a) Policy.--Congress declares that it is the policy of the United 
States that--
            (1) the development of non-Federal hydroelectric power at 
        Corps of Engineers civil works projects, including locks and 
        dams, shall be given priority;
            (2) Corps of Engineers approval of non-Federal hydroelectric 
        power at Corps of Engineers civil works projects, including 
        permitting required under section 14 of the Act of March 3, 1899 
        (33 U.S.C. 408), shall be completed by the Corps of Engineers in 
        a timely and consistent manner; and
            (3) approval of hydropower at Corps of Engineers civil works 
        projects shall in no way diminish the other priorities and 
        missions of the Corps of Engineers, including authorized project 
        purposes and habitat and environmental protection.

    (b) <<NOTE: Public information.>>  Report.--Not later than 2 years 
after the date of enactment of this Act and biennially thereafter, the 
Secretary shall submit

[[Page 128 STAT. 1216]]

to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report that, at a minimum, 
shall include--
            (1) a description of initiatives carried out by the 
        Secretary to encourage the development of hydroelectric power by 
        non-Federal entities at Corps of Engineers civil works projects;
            (2) a list of all new hydroelectric power activities by non-
        Federal entities approved at Corps of Engineers civil works 
        projects in that fiscal year, including the length of time the 
        Secretary needed to approve those activities;
            (3) a description of the status of each pending application 
        from non-Federal entities for approval to develop hydroelectric 
        power at Corps of Engineers civil works projects;
            (4) a description of any benefits or impacts to the 
        environment, recreation, or other uses associated with Corps of 
        Engineers civil works projects at which non-Federal entities 
        have developed hydroelectric power in the previous fiscal year; 
        and
            (5) the total annual amount of payments or other services 
        provided to the Corps of Engineers, the Treasury, and any other 
        Federal agency as a result of approved non-Federal hydropower 
        projects at Corps of Engineers civil works projects.
SEC. 1009. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL 
                          PROCUREMENT.

    (a) <<NOTE: Public information.>>  Report.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report describing the 
actions of the Secretary in carrying out section 2301 of title 41, 
United States Code, regarding the use of electronic commerce in Federal 
procurement.

    (b) Contents.--The report submitted under subsection (a) shall 
include, with respect to the 2 fiscal years most recently ended before 
the fiscal year in which the report is submitted--
            (1) an identification of the number, type, and dollar value 
        of procurement solicitations with respect to which the public 
        was permitted to respond to the solicitation electronically, 
        which shall differentiate between solicitations that allowed 
        full or partial electronic submission;
            (2) an analysis of the information provided under paragraph 
        (1) and actions that could be taken by the Secretary to refine 
        and improve the use of electronic submission for procurement 
        solicitation responses;
            (3) an analysis of the potential benefits of and obstacles 
        to full implementation of electronic submission for procurement 
        solicitation responses, including with respect to cost savings, 
        error reduction, paperwork reduction, increased bidder 
        participation, and competition, and expanded use of electronic 
        bid data collection for cost-effective contract management and 
        timely reporting; and
            (4) an analysis of the options and technologies available to 
        facilitate expanded implementation of electronic submission for 
        procurement solicitation responses and the suitability of each 
        option and technology for contracts of various types and sizes.

[[Page 128 STAT. 1217]]

SEC. 1010. <<NOTE: 33 USC 2347a.>>  DETERMINATION OF PROJECT 
                          COMPLETION.

    (a) <<NOTE: Notification.>>  In General.--The Secretary shall notify 
the applicable non-Federal interest when construction of a water 
resources project or a functional portion of the project is completed so 
the non-Federal interest may commence responsibilities, as applicable, 
for operating and maintaining the project.

    (b) Non-Federal Interest Appeal of Determination.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 7 days 
        after receiving a notification under subsection (a), the non-
        Federal interest may appeal the completion determination of the 
        Secretary in writing with a detailed explanation of the basis 
        for questioning the completeness of the project or functional 
        portion of the project.
            (2) Independent review.--
                    (A) <<NOTE: Contracts.>>  In general.--On 
                notification that a non-Federal interest has submitted 
                an appeal under paragraph (1), the Secretary shall 
                contract with 1 or more independent, non-Federal experts 
                to evaluate whether the applicable water resources 
                project or functional portion of the project is 
                complete.
                    (B) <<NOTE: Deadline.>>  Timeline.--An independent 
                review carried out under subparagraph (A) shall be 
                completed not later than 180 days after the date on 
                which the Secretary receives an appeal from a non-
                Federal interest under paragraph (1).
SEC. 1011. <<NOTE: 33 USC 2341a.>>  PRIORITIZATION.

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

[[Page 128 STAT. 1218]]

                          (i) ongoing hurricane and storm damage 
                      reduction feasibility studies that have signed 
                      feasibility cost-share agreements and have 
                      received Federal funds since 2009; and
                          (ii) authorized hurricane and storm damage 
                      reduction projects that--
                                    (I) have been authorized for more 
                                than 20 years but are less than 75 
                                percent complete; or
                                    (II) are undergoing a post-
                                authorization change report, general 
                                reevaluation report, or limited 
                                reevaluation report;
                    (B) identify those projects on the list required 
                under subparagraph (A) that meet the criteria described 
                in paragraph (1); and
                    (C) <<NOTE: Plan.>>  provide a plan for 
                expeditiously completing the projects identified under 
                subparagraph (B), subject to available funding.

    (b) Prioritization of Ecosystem Restoration Efforts.--For authorized 
projects with a primary purpose of ecosystem restoration, the Secretary 
shall give funding priority to projects--
            (1) that--
                    (A) address an identified threat to public health, 
                safety, or welfare;
                    (B) preserve or restore ecosystems of national 
                significance; or
                    (C) preserve or restore habitats of importance for 
                federally protected species, including migratory birds; 
                and
            (2) for which the restoration activities will contribute to 
        other ongoing or planned Federal, State, or local restoration 
        initiatives.
SEC. 1012. <<NOTE: 33 USC 2315a.>>  TRANSPARENCY IN ACCOUNTING AND 
                          ADMINISTRATIVE EXPENSES.

    (a) In General.--On the request of a non-Federal interest, the 
Secretary shall provide to the non-Federal interest a detailed 
accounting of the Federal expenses associated with a water resources 
project.
    (b) Study.--
            (1) <<NOTE: Contracts.>>  In general.--The Secretary shall 
        contract with the National Academy of Public Administration to 
        carry out a study on the efficiency of the Corps Engineers 
        current staff salaries and administrative expense procedures as 
        compared to using a separate administrative expense account.
            (2) <<NOTE: Recommenda- tions.>>  Contents.--The study under 
        paragraph (1) shall include any recommendations of the National 
        Academy of Public Administration for improvements to the 
        budgeting and administrative processes that will increase the 
        efficiency of the Corps of Engineers project delivery.
SEC. 1013. EVALUATION OF PROJECT PARTNERSHIP AGREEMENTS.

    (a) <<NOTE: Review.>>  In General.--The Secretary shall contract 
with the National Academy of Public Administration to carry out a 
comprehensive review of the process for preparing, negotiating, and 
approving Project Partnership Agreements and the Project Partnership 
Agreement template, which shall include--
            (1) an evaluation of the process for preparing, negotiating, 
        and approving Project Partnership Agreements, as in effect on 
        the day before the date of enactment of this Act, including

[[Page 128 STAT. 1219]]

        suggested modifications to the process provided by non-Federal 
        interests; and
            (2) <<NOTE: Recommenda- tions.>>  recommendations based on 
        the evaluation under paragraph (1) to improve the Project 
        Partnership Agreement template and the process for preparing, 
        negotiating, and approving Project Partnership Agreements.

    (b) Submission to Congress.--
            (1) In general.--The Secretary shall submit the findings of 
        the National Academy of Public Administration to the Committee 
        on Environment and Public Works of the Senate and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives.
            (2) Report.--Not later than 180 days after the date on which 
        the findings are received under paragraph (1), the Secretary 
        shall submit to the Committee on Environment and Public Works of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a detailed 
        response, including any recommendations the Secretary plans to 
        implement, on the process for preparing, negotiating, and 
        approving Project Partnership Agreements and the Project 
        Partnership Agreement template.
SEC. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
                          PROJECTS BY NON-FEDERAL INTERESTS.

    (a) Studies.--Section 203 of the Water Resources Development Act of 
1986 (33 U.S.C. 2231) is amended to read as follows:
``SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
                        FEDERAL INTERESTS.

    ``(a) Submission to Secretary.--
            ``(1) In general.--A non-Federal interest may undertake a 
        feasibility study of a proposed water resources development 
        project and submit the study to the Secretary.
            ``(2) Guidelines.--To assist non-Federal interests, the 
        Secretary, as soon as practicable, shall issue guidelines for 
        feasibility studies of water resources development projects to 
        provide sufficient information for the formulation of the 
        studies.

    ``(b) Review by Secretary.--The Secretary shall review each 
feasibility study received under subsection (a)(1) for the purpose of 
determining whether or not the study, and the process under which the 
study was developed, each comply with Federal laws and regulations 
applicable to feasibility studies of water resources development 
projects.
    ``(c) <<NOTE: Deadline. Reports.>>  Submission to Congress.--Not 
later than 180 days after the date of receipt of a feasibility study of 
a project under subsection (a)(1), the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report that describes--
            ``(1) the results of the Secretary's review of the study 
        under subsection (b), including a determination of whether the 
        project is feasible;
            ``(2) any recommendations the Secretary may have concerning 
        the plan or design of the project; and
            ``(3) any conditions the Secretary may require for 
        construction of the project.

    ``(d) Credit.--If a project for which a feasibility study has been 
submitted under subsection (a)(1) is authorized by a Federal

[[Page 128 STAT. 1220]]

law enacted after the date of the submission to Congress under 
subsection (c), the Secretary shall credit toward the non-Federal share 
of the cost of construction of the project an amount equal to the 
portion of the cost of developing the study that would have been the 
responsibility of the United States if the study had been developed by 
the Secretary.''.
    (b) Construction.--
            (1) In general.--Section 204 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2232) is amended to read as 
        follows:
``SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS 
                        BY NON-FEDERAL INTERESTS.

    ``(a) Water Resources Development Project Defined.--In this section, 
the term `water resources development project' means a project 
recommendation that results from--
            ``(1) a feasibility report, as such term is defined in 
        section 7001(f) of the Water Resources Reform and Development 
        Act of 2014;
            ``(2) a completed feasibility study developed under section 
        203; or
            ``(3) a final feasibility study for water resources 
        development and conservation and other purposes that is 
        specifically authorized by Congress to be carried out by the 
        Secretary.

    ``(b) Authority.--
            ``(1) In general.--A non-Federal interest may carry out a 
        water resources development project, or separable element 
        thereof--
                    ``(A) in accordance with a plan approved by the 
                Secretary for the project or separable element; and
                    ``(B) subject to any conditions that the Secretary 
                may require, including any conditions specified under 
                section 203(c)(3).
            ``(2) Conditions.--Before carrying out a water resources 
        development project, or separable element thereof, under this 
        section, a non-Federal interest shall--
                    ``(A) obtain any permit or approval required in 
                connection with the project or separable element under 
                Federal or State law; and
                    ``(B) ensure that a final environmental impact 
                statement or environmental assessment, as appropriate, 
                for the project or separable element has been filed.

    ``(c) Studies and Engineering.--When requested by an appropriate 
non-Federal interest, the Secretary may undertake all necessary studies 
and engineering for any construction to be undertaken under subsection 
(b), and provide technical assistance in obtaining all necessary permits 
for the construction, if the non-Federal interest contracts with the 
Secretary to furnish the United States funds for the studies, 
engineering, or technical assistance in the period during which the 
studies and engineering are being conducted.
    ``(d) Credit or Reimbursement.--
            ``(1) General rule.--Subject to paragraph (3), a project or 
        separable element of a project carried out by a non-Federal 
        interest under this section shall be eligible for credit or 
        reimbursement for the Federal share of work carried out on a 
        project or separable element of a project if--

[[Page 128 STAT. 1221]]

                    ``(A) before initiation of construction of the 
                project or separable element--
                          ``(i) the Secretary approves the plans for 
                      construction of the project or separable element 
                      of the project by the non-Federal interest;
                          ``(ii) <<NOTE: Determination.>>  the Secretary 
                      determines, before approval of the plans, that the 
                      project or separable element of the project is 
                      feasible; and
                          ``(iii) <<NOTE: Contracts.>>  the non-Federal 
                      interest enters into a written agreement with the 
                      Secretary under section 221 of the Flood Control 
                      Act of 1970 (42 U.S.C. 1962d-5b), including an 
                      agreement to pay the non-Federal share, if any, of 
                      the cost of operation and maintenance of the 
                      project; and
                    ``(B) <<NOTE: Determination.>>  the Secretary 
                determines that all Federal laws and regulations 
                applicable to the construction of a water resources 
                development project, and any conditions identified under 
                subsection (b)(1)(B), were complied with by the non-
                Federal interest during construction of the project or 
                separable element of the project.
            ``(2) Application of credit.--The Secretary may apply credit 
        toward--
                    ``(A) the non-Federal share of authorized separable 
                elements of the same project; or
                    ``(B) subject to the requirements of this section 
                and section 1020 of the Water Resources Reform and 
                Development Act of 2014, at the request of the non-
                Federal interest, the non-Federal share of a different 
                water resources development project.
            ``(3) Requirements.--The Secretary may only apply credit or 
        provide reimbursement under paragraph (1) if--
                    ``(A) Congress has authorized construction of the 
                project or separable element of the project; and
                    ``(B) <<NOTE: Certification.>>  the Secretary 
                certifies that the project has been constructed in 
                accordance with--
                          ``(i) all applicable permits or approvals; and
                          ``(ii) this section.
            ``(4) <<NOTE: Audit.>>  Monitoring.--The Secretary shall 
        regularly monitor and audit any water resources development 
        project, or separable element of a water resources development 
        project, constructed by a non-Federal interest under this 
        section to ensure that--
                    ``(A) the construction is carried out in compliance 
                with the requirements of this section; and
                    ``(B) the costs of the construction are reasonable.

    ``(e) Notification of Committees.--If a non-Federal interest 
notifies the Secretary that the non-Federal interest intends to carry 
out a project, or separable element thereof, under this section, the 
Secretary shall provide written notice to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives concerning the intent of 
the non-Federal interest.
    ``(f) Operation and Maintenance.--Whenever a non-Federal interest 
carries out improvements to a federally authorized harbor or inland 
harbor, the Secretary shall be responsible for operation and maintenance 
in accordance with section 101(b) if--
            ``(1) before construction of the improvements--

[[Page 128 STAT. 1222]]

                    ``(A) <<NOTE: Determination.>>  the Secretary 
                determines that the improvements are feasible and 
                consistent with the purposes of this title; and
                    ``(B) <<NOTE: Contracts.>>  the Secretary and the 
                non-Federal interest execute a written agreement 
                relating to operation and maintenance of the 
                improvements;
            ``(2) <<NOTE: Certification.>>  the Secretary certifies that 
        the project or separable element of the project is constructed 
        in accordance with applicable permits and appropriate 
        engineering and design standards; and
            ``(3) the Secretary does not find that the project or 
        separable element is no longer feasible.''.

    (c) Repeals.--The following provisions are repealed:
            (1) Section 404 of the Water Resources Development Act of 
        1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating 
        to that section in the table of contents contained in section 
        1(b) of that Act.
            (2) Section 206 of the Water Resources Development Act of 
        1992 (33 U.S.C. 426i-1) and the item relating to that section in 
        the table of contents contained in section 1(b) of that Act.
            (3) Section 211 of the Water Resources Development Act of 
        1996 (33 U.S.C. 701b-13) and the item relating to that section 
        in the table of contents contained in section 1(b) of that Act.

    (d) <<NOTE: 22 USC 2232 note.>>  Savings Provision.--Nothing in this 
section may be construed to affect an agreement in effect on the date of 
enactment of this Act, or an agreement that is finalized between the 
Corps of Engineers and a non-Federal interest on or before December 31, 
2014, under any of the following sections (as such sections were in 
effect on the day before such date of enactment):
            (1) Section 204 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2232).
            (2) Section 206 of the Water Resources Development Act of 
        1992 (33 U.S.C. 426i-1).
            (3) Section 211 of the Water Resources Development Act of 
        1996 (33 U.S.C. 701b-13).
SEC. 1015. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.

    (a) In General.--Section 5 of the Act of June 22, 1936 (33 U.S.C. 
701h), is amended--
            (1) by inserting ``and other non-Federal interests'' after 
        ``States and political subdivisions thereof'' each place it 
        appears;
            (2) by inserting ``, including a project for navigation on 
        the inland waterways,'' after ``study or project'';
            (3) <<NOTE: Determination.>>  by striking ``Provided, That 
        when'' and inserting ``Provided, That the Secretary is 
        authorized to receive and expend funds from a State or a 
        political subdivision thereof, and other non-Federal interests 
        or private entities, to operate a hurricane barrier project to 
        support recreational activities at or in the vicinity of the 
        project, at no cost to the Federal Government, if the Secretary 
        determines that operation for such purpose is not inconsistent 
        with the operation and maintenance of the project for the 
        authorized purposes of the project: Provided further, That 
        when''; and
            (4) by striking the period at the end and inserting the 
        following: ``: Provided further, That the term `non-Federal

[[Page 128 STAT. 1223]]

        interest' has the meaning given that term in section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b).''.

    (b) <<NOTE: 33 USC 701h note.>>  Notification for Contributed 
Funds.--Prior to accepting funds contributed under section 5 of the Act 
of June 22, 1936 (33 U.S.C. 701h), the Secretary shall provide written 
notice of the funds to the Committee on Environment and Public Works and 
the Committee on Appropriations of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Appropriations of 
the House of Representatives.

    (c) Technical Amendment.--Section 111(b) of the Energy and Water 
Development and Related Agencies Appropriations Act, 2012 (125 Stat. 
858) is repealed.
SEC. 1016. <<NOTE: 33 USC 2232 note.>>  OPERATION AND MAINTENANCE 
                          OF CERTAIN PROJECTS.

    The Secretary may assume responsibility for operation and 
maintenance in accordance with section 101(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211(b)) (as amended by section 
2102(b)) for improvements to a federally authorized harbor or inland 
harbor that are carried out by a non-Federal interest prior to December 
31, 2014, if the Secretary determines that the requirements under 
paragraphs (2) and (3) of section 204(f) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2232(f)) are met.
SEC. 1017. <<NOTE: 33 USC 2212 note.>>  ACCEPTANCE OF CONTRIBUTED 
                          FUNDS TO INCREASE LOCK OPERATIONS.

    (a) In General.--The Secretary, after providing public notice, shall 
establish a pilot program for the acceptance and expenditure of funds 
contributed by non-Federal interests to increase the hours of operation 
of locks at water resources development projects.
    (b) Applicability.--The establishment of the pilot program under 
this section shall not affect the periodic review and adjustment of 
hours of operation of locks based on increases in commercial traffic 
carried out by the Secretary.
    (c) Public Comment.--Not later than 180 days before a proposed 
modification to the operation of a lock at a water resources development 
project will be carried out, the Secretary shall--
            (1) publish the proposed modification in the Federal 
        Register; and
            (2) accept public comment on the proposed modification.

    (d) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and make publicly available a report that 
        evaluates the cost-savings resulting from reduced lock hours and 
        any economic impacts of modifying lock operations.
            (2) Review of pilot program.--Not later than September 30, 
        2017, and each year thereafter, the Secretary shall submit to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives a report that describes the effectiveness of 
        the pilot program under this section.

    (e) Annual Review.--The Secretary shall carry out an annual review 
of the commercial use of locks and make any necessary adjustments to 
lock operations based on that review.

[[Page 128 STAT. 1224]]

    (f) Termination.--The authority to accept funds under this section 
shall terminate 5 years after the date of enactment of this Act.
SEC. 1018. CREDIT FOR IN-KIND CONTRIBUTIONS.

    (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 
(42 U.S.C. 1962d-5b(a)(4)) is amended--
            (1) in subparagraph (A), in the matter preceding clause (i), 
        by inserting ``or a project under an environmental 
        infrastructure assistance program'' after ``law'';
            (2) in subparagraph (C) by striking ``In any case'' and all 
        that follows through the period at the end and inserting the 
        following:
                          ``(i) Construction.--
                                    ``(I) <<NOTE: Contracts.>>  In 
                                general.--In any case in which the non-
                                Federal interest is to receive credit 
                                under subparagraph (A) for the cost of 
                                construction carried out by the non-
                                Federal interest before execution of a 
                                partnership agreement and that 
                                construction has not been carried out as 
                                of November 8, 2007, the Secretary and 
                                the non-Federal interest shall enter 
                                into an agreement under which the non-
                                Federal interest shall carry out such 
                                work and shall do so prior to the non-
                                Federal interest initiating construction 
                                or issuing a written notice to proceed 
                                for the construction.
                                    ``(II) Eligibility.--Construction 
                                that is carried out after the execution 
                                of an agreement to carry out work 
                                described in subclause (I) and any 
                                design activities that are required for 
                                that construction, even if the design 
                                activity is carried out prior to the 
                                execution of the agreement to carry out 
                                work, shall be eligible for credit.
                          ``(ii) Planning.--
                                    ``(I) <<NOTE: Contracts.>>  In 
                                general.--In any case in which the non-
                                Federal interest is to receive credit 
                                under subparagraph (A) for the cost of 
                                planning carried out by the non-Federal 
                                interest before execution of a 
                                feasibility cost-sharing agreement, the 
                                Secretary and the non-Federal interest 
                                shall enter into an agreement under 
                                which the non-Federal interest shall 
                                carry out such work and shall do so 
                                prior to the non-Federal interest 
                                initiating that planning.
                                    ``(II) Eligibility.--Planning that 
                                is carried out by the non-Federal 
                                interest after the execution of an 
                                agreement to carry out work described in 
                                subclause (I) shall be eligible for 
                                credit.'';
            (3) in subparagraph (D)(iii) by striking ``sections 101 and 
        103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 
        33 U.S.C. 2213(a)(1)(A))'';
            (4) by redesignating subparagraph (E) as subparagraph (H);
            (5) by inserting after subparagraph (D) the following:
                    ``(E) Analysis of costs and benefits.--In the 
                evaluation of the costs and benefits of a project, the 
                Secretary

[[Page 128 STAT. 1225]]

                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) <<NOTE: Contracts.>>  Application of credit.--
                          ``(i) In general.--To the extent that credit 
                      for in-kind contributions, as limited by 
                      subparagraph (D), and credit for required land, 
                      easements, rights-of-way, dredged material 
                      disposal areas, and relocations provided by the 
                      non-Federal interest exceed the non-Federal share 
                      of the cost of construction of a project other 
                      than a navigation project, the Secretary, subject 
                      to the availability of funds, shall enter into a 
                      reimbursement agreement with the non-Federal 
                      interest, which shall be in addition to a 
                      partnership agreement under subparagraph (A), to 
                      reimburse the difference to the non-Federal 
                      interest.
                          ``(ii) Priority.--If appropriated funds are 
                      insufficient to cover the full cost of all 
                      requested reimbursement agreements under clause 
                      (i), the Secretary shall enter into reimbursement 
                      agreements in the order in which requests for such 
                      agreements are received.''; and
            (6) in subparagraph (H) (as redesignated by paragraph (4))--
                    (A) in clause (i) by inserting ``, and to water 
                resources projects authorized prior to the date of 
                enactment of the Water Resources Development Act of 1986 
                (Public Law 99-662), if correction of design 
                deficiencies is necessary'' before the period at the 
                end; and
                    (B) by striking clause (ii) and inserting the 
                following:
                                            ``(ii) Authorization as 
                                        addition to other 
                                        authorizations.--The authority 
                                        of the Secretary to provide 
                                        credit for in-kind contributions 
                                        pursuant to this paragraph shall 
                                        be in addition to any other 
                                        authorization to provide credit 
                                        for in-kind contributions and 
                                        shall not be construed as a 
                                        limitation on such other 
                                        authorization. <<NOTE: Applicabil
                                        ity.>>  The Secretary shall 
                                        apply the provisions of this 
                                        paragraph, in lieu of provisions 
                                        under other crediting authority, 
                                        only if so requested by the non-
                                        Federal interest.''.

    (b) Applicability.--Section 2003(e) of the Water Resources 
Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended--
            (1) by inserting ``, or construction of design deficiency 
        corrections on the project,'' after ``construction on the 
        project''; and
            (2) by inserting ``, or under which construction of the 
        project has not been completed and the work to be performed by

[[Page 128 STAT. 1226]]

        the non-Federal interests has not been carried out and is 
        creditable only toward any remaining non-Federal cost share,'' 
        after ``has not been initiated''.

    (c) <<NOTE: 42 USC 1962d-5b note.>>  Effective Date.--The amendments 
made by subsections (a) and (b) take effect on November 8, 2007.

    (d) <<NOTE: 42 USC 1962d-5 note.>>  Guidelines.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary shall 
        update any guidance or regulations for carrying out section 
        221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
        5b(a)(4)) (as amended by subsection (a)) that are in existence 
        on the date of enactment of this Act or issue new guidelines, as 
        determined to be appropriate by the Secretary.
            (2) Inclusions.--Any guidance, regulations, or guidelines 
        updated or issued under paragraph (1) shall include, at a 
        minimum--
                    (A) the milestone for executing an in-kind 
                memorandum of understanding for construction by a non-
                Federal interest;
                    (B) criteria and procedures for evaluating a request 
                to execute an in-kind memorandum of understanding for 
                construction by a non-Federal interest that is earlier 
                than the milestone under subparagraph (A) for that 
                execution; and
                    (C) criteria and procedures for determining whether 
                work carried out by a non-Federal interest is integral 
                to a project.
            (3) Public and stakeholder participation.--Before issuing 
        any new or revised guidance, regulations, or guidelines or any 
        subsequent updates to those documents, the Secretary shall--
                    (A) <<NOTE: Consultation.>>  consult with affected 
                non-Federal interests;
                    (B) <<NOTE: Federal Register, publication.>>  
                publish the proposed guidelines developed under this 
                subsection in the Federal Register; and
                    (C) <<NOTE: Public information.>>  provide the 
                public with an opportunity to comment on the proposed 
                guidelines.

    (e) <<NOTE: 42 USC 1962d-5b note.>>  Other Credit.--Nothing in 
section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)(4)) (as amended by subsection (a)) affects any eligibility for 
credit under section 104 of the Water Resources Development of 1986 (33 
U.S.C. 2214) that was approved by the Secretary prior to the date of 
enactment of this Act.
SEC. 1019. CLARIFICATION OF IN-KIND CREDIT AUTHORITY.

    (a) Non-Federal Cost Share.--Section 7007 of the Water Resources 
Development Act of 2007 (121 Stat. 1277) is amended--
            (1) in subsection (a), by inserting ``, on, or after'' after 
        ``before'';
            (2) by striking subsection (d) and inserting the following:

    ``(d) Treatment of Credit Between Projects.--The value of any land, 
easements, rights-of-way, relocations, and dredged material disposal 
areas and the costs of planning, design, and construction work provided 
by the non-Federal interest that exceed the non-Federal cost share for a 
study or project under this title may be applied toward the non-Federal 
cost share for any other study or project carried out under this 
title.''; and
            (3) by adding at the end the following:

[[Page 128 STAT. 1227]]

    ``(g) Definition of Study or Project.--In this section, the term 
`study or project' includes any eligible activity that is--
            ``(1) carried out pursuant to the coastal Louisiana 
        ecosystem science and technology program authorized under 
        section 7006(a); and
            ``(2) in accordance with the restoration plan.''.

    (b) <<NOTE: Deadline. Louisiana.>>  Implementation.--Not later than 
90 days after the date of enactment of this Act, the Secretary, in 
coordination with any relevant agencies of the State of Louisiana, shall 
establish a process by which to carry out the amendment made by 
subsection (a)(2).

    (c) Effective Date.--The amendments made by subsection (a) take 
effect on November 8, 2007.
SEC. 1020. <<NOTE: 33 USC 2223.>>  TRANSFER OF EXCESS CREDIT.

    (a) In General.--Subject to subsection (b), the Secretary may apply 
credit for in-kind contributions provided by a non-Federal interest that 
are in excess of the required non-Federal cost share for a water 
resources development study or project toward the required non-Federal 
cost share for a different water resources development study or project.
    (b) Restrictions.--
            (1) In general.--Except for subsection (a)(4)(D)(i) of that 
        section, the requirements of section 221 of the Flood Control 
        Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 1018(a)) 
        shall apply to any credit under this section.
            (2) Conditions.--Credit in excess of the non-Federal share 
        for a study or project may be approved under this section only 
        if--
                    (A) the non-Federal interest submits a comprehensive 
                plan to the Secretary that identifies--
                          (i) the studies and projects for which the 
                      non-Federal interest intends to provide in-kind 
                      contributions for credit that are in excess of the 
                      non-Federal cost share for the study or project; 
                      and
                          (ii) the authorized studies and projects to 
                      which that excess credit would be applied;
                    (B) the Secretary approves the comprehensive plan; 
                and
                    (C) the total amount of credit does not exceed the 
                total non-Federal share for the studies and projects in 
                the approved comprehensive plan.

    (c) Additional Criteria.--In evaluating a request to apply credit in 
excess of the non-Federal share for a study or project toward a 
different study or project, the Secretary shall consider whether 
applying that credit will--
            (1) help to expedite the completion of a project or group of 
        projects;
            (2) reduce costs to the Federal Government; and
            (3) aid the completion of a project that provides 
        significant flood risk reduction or environmental benefits.

    (d) Termination of Authority.--The authority provided in this 
section shall terminate 10 years after the date of enactment of this 
Act.
    (e) Report.--
            (1) <<NOTE: Public information.>>  Deadlines.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, and once every 2 years

[[Page 128 STAT. 1228]]

                thereafter, the Secretary shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and make publicly available an 
                interim report on the use of the authority under this 
                section.
                    (B) Final report.--Not later than 10 years after the 
                date of enactment of this Act, the Secretary shall 
                submit to the Committee on Environment and Public Works 
                of the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives and make 
                publicly available a final report on the use of the 
                authority under this section.
            (2) <<NOTE: Assessments.>>  Inclusions.--The reports 
        described in paragraph (1) shall include--
                    (A) a description of the use of the authority under 
                this section during the reporting period;
                    (B) an assessment of the impact of the authority 
                under this section on the time required to complete 
                projects; and
                    (C) an assessment of the impact of the authority 
                under this section on other water resources projects.
SEC. 1021. <<NOTE: 33 USC 2224.>>  CREDITING AUTHORITY FOR 
                          FEDERALLY AUTHORIZED NAVIGATION 
                          PROJECTS.

    A non-Federal interest may carry out operation and maintenance 
activities for an authorized navigation project, subject to the 
condition that the non-Federal interest complies with all Federal laws 
and regulations applicable to such operation and maintenance activities, 
and may receive credit for the costs incurred by the non-Federal 
interest in carrying out such activities towards the share of 
construction costs of that non-Federal interest for another element of 
the same project or another authorized navigation project, except that 
in no instance may such credit exceed 20 percent of the total costs 
associated with construction of the general navigation features of the 
project for which such credit may be applied pursuant to this section.
SEC. 1022. <<NOTE: 33 USC 2225.>>  CREDIT IN LIEU OF 
                          REIMBURSEMENT.

    (a) Requests for Credits.--With respect to an authorized flood 
damage reduction project, or separable element thereof, that has been 
constructed by a non-Federal interest under section 211 of the Water 
Resources Development Act of 1996 (33 U.S.C. 701b-13) before the date of 
enactment of this Act, the Secretary may provide to the non-Federal 
interest, at the request of the non-Federal interest, a credit in an 
amount equal to the estimated Federal share of the cost of the project 
or separable element, in lieu of providing to the non-Federal interest a 
reimbursement in that amount.
    (b) Application of Credits.--At the request of the non-Federal 
interest, the Secretary may apply such credit to the share of the cost 
of the non-Federal interest of carrying out other flood damage reduction 
projects or studies.
SEC. 1023. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL INTERESTS.

    Section 902 of the Water Resources Development Act of 1986 (33 
U.S.C. 2280) is amended--

[[Page 128 STAT. 1229]]

            (1) by striking ``In order to insure'' and inserting ``(a) 
        In General.--In order to insure''; and
            (2) by adding at the end the following:

    ``(b) Contributions by Non-Federal Interests.--Notwithstanding 
subsection (a), in accordance with section 5 of the Act of June 22, 1936 
(33 U.S.C. 701h), the Secretary may accept funds from a non-Federal 
interest for any authorized water resources development project that has 
exceeded its maximum cost under subsection (a), and use such funds to 
carry out such project, if the use of such funds does not increase the 
Federal share of the cost of such project.''.
SEC. 1024. <<NOTE: 33 USC 2325a.>>  AUTHORITY TO ACCEPT AND USE 
                          MATERIALS AND SERVICES.

    (a) In General.--Subject to subsection (b), the Secretary is 
authorized to accept and use materials and services contributed by a 
non-Federal public entity, a nonprofit entity, or a private entity for 
the purpose of repairing, restoring, or replacing a water resources 
development project that has been damaged or destroyed as a result of an 
emergency if the Secretary determines that the acceptance and use of 
such materials and services is in the public interest.
    (b) Limitation.--Any entity that contributes materials or services 
under subsection (a) shall not be eligible for credit or reimbursement 
for the value of such materials or services.
    (c) Report.--Not later than 60 days after initiating an activity 
under this section, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes--
            (1) a description of the activities undertaken, including 
        the costs associated with the activities; and
            (2) a comprehensive description of how the activities are 
        necessary for maintaining a safe and reliable water resources 
        project.
SEC. 1025. <<NOTE: 33 USC 2226.>>  WATER RESOURCES PROJECTS ON 
                          FEDERAL LAND.

    (a) In General.--Subject to subsection (b), the Secretary may carry 
out an authorized water resources development project on Federal land 
that is under the administrative jurisdiction of another Federal agency 
where the cost of the acquisition of such Federal land has been paid for 
by the non-Federal interest for the project.
    (b) MOU Required.--The Secretary may carry out a project pursuant to 
subsection (a) only after the non-Federal interest has entered into a 
memorandum of understanding with the Federal agency that includes such 
terms and conditions as the Secretary determines to be necessary.
    (c) Applicability.--Nothing in this section alters any non-Federal 
cost-sharing requirements for the project.
SEC. 1026. <<NOTE: 33 USC 2227.>>  CLARIFICATION OF IMPACTS TO 
                          OTHER FEDERAL FACILITIES.

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

[[Page 128 STAT. 1230]]

SEC. 1027. <<NOTE: 33 USC 426e-2.>>  CLARIFICATION OF MUNITION 
                          DISPOSAL AUTHORITIES.

    (a) In General.--The Secretary may implement any response action the 
Secretary determines to be necessary at a site where--
            (1) the Secretary has carried out a project under civil 
        works authority of the Secretary that includes placing sand on a 
        beach; and
            (2) as a result of the project described in paragraph (1), 
        military munitions that were originally released as a result of 
        Department of Defense activities are deposited on the beach, 
        posing a threat to human health or the environment.

    (b) Response Action Funding.--A response action described in 
subsection (a) shall be funded from amounts made available to the agency 
within the Department of Defense responsible for the original release of 
the munitions.
SEC. 1028. <<NOTE: 33 USC 2283b.>>  CLARIFICATION OF MITIGATION 
                          AUTHORITY.

    (a) In General.--The Secretary may carry out measures to improve 
fish species habitat within the boundaries and downstream of a water 
resources project constructed by the Secretary that includes a fish 
hatchery if the Secretary--
            (1) has been explicitly authorized to compensate for fish 
        losses associated with the project; and
            (2) determines that the measures are--
                    (A) feasible;
                    (B) consistent with authorized project purposes and 
                the fish hatchery; and
                    (C) in the public interest.

    (b) Cost Sharing.--
            (1) In general.--Subject to paragraph (2), the non-Federal 
        interest shall contribute 35 percent of the total cost of 
        carrying out activities under this section, including the costs 
        relating to the provision or acquisition of required land, 
        easements, rights-of-way, dredged material disposal areas, and 
        relocations.
            (2) Operation and maintenance.--The non-Federal interest 
        shall contribute 100 percent of the costs of operation, 
        maintenance, replacement, repair, and rehabilitation of the 
        measures carried out under this section.
SEC. 1029. CLARIFICATION OF INTERAGENCY SUPPORT AUTHORITIES.

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

[[Page 128 STAT. 1231]]

SEC. 1030. <<NOTE: 33 USC 400.>>  CONTINUING AUTHORITY.

    (a) Continuing Authority Programs.--
            (1) Definition of continuing authority program project.--In 
        this subsection, the term ``continuing authority program'' means 
        1 of the following authorities:
                    (A) Section 205 of the Flood Control Act of 1948 (33 
                U.S.C. 701s).
                    (B) Section 111 of the River and Harbor Act of 1968 
                (33 U.S.C. 426i).
                    (C) Section 206 of the Water Resources Development 
                Act of 1996 (33 U.S.C. 2330).
                    (D) Section 1135 of the Water Resources Development 
                Act of 1986 (33 U.S.C. 2309a).
                    (E) Section 107 of the River and Harbor Act of 1960 
                (33 U.S.C. 577).
                    (F) Section 3 of the Act of August 13, 1946 (33 
                U.S.C. 426g).
                    (G) Section 14 of the Flood Control Act of 1946 (33 
                U.S.C. 701r).
                    (H) Section 103 of the River and Harbor Act of 1962 
                (Public Law 87-874; 76 Stat. 1178).
                    (I) Section 204(e) of the Water Resources 
                Development Act of 1992 (33 U.S.C. 2326(e)).
                    (J) Section 208 of the Flood Control Act of 1958 (33 
                U.S.C. 701b-8a).
                    (K) Section 104(a) of the River and Harbor Act of 
                1958 (33 U.S.C. 610(a)).
            (2) <<NOTE: Deadline. Federal Register, publication. Web 
        posting. Criteria.>>  Prioritization.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary shall 
        publish in the Federal Register and on a publicly available 
        website, the criteria the Secretary uses for prioritizing annual 
        funding for continuing authority program projects.
            (3) <<NOTE: Federal Register, publication. Web posting.>>  
        Annual report.--Not later than 1 year after the date of 
        enactment of this Act and each year thereafter, the Secretary 
        shall publish in the Federal Register and on a publicly 
        available website, a report on the status of each continuing 
        authority program, which, at a minimum, shall include--
                    (A) the name and a short description of each active 
                continuing authority program project;
                    (B) the cost estimate to complete each active 
                project; and
                    (C) the funding available in that fiscal year for 
                each continuing authority program.
            (4) <<NOTE: Records.>>  Congressional notification.--On 
        publication in the Federal Register under paragraphs (2) and 
        (3), the Secretary shall submit to the Committee on Environment 
        and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a copy of all information published under those 
        paragraphs.

    (b) Small River and Harbor Improvement Projects.--Section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577) is amended--
            (1) in subsection (a), by striking ``$35,000,000'' and 
        inserting ``$50,000,000''; and
            (2) in subsection (b), by striking ``$7,000,000'' and 
        inserting ``$10,000,000''.

[[Page 128 STAT. 1232]]

    (c) Shore Damage Prevention or Mitigation.--Section 111(c) of the 
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking 
``$5,000,000'' and inserting ``$10,000,000''.
    (d) Regional Sediment Management.--
            (1) In general.--Section 204 of the Water Resources 
        Development Act of 1992 (33 U.S.C. 2326) is amended--
                    (A) in subsection (c)(1)(C), by striking 
                ``$5,000,000'' and inserting ``$10,000,000''; and
                    (B) in subsection (g), by striking ``$30,000,000'' 
                and inserting ``$50,000,000''.
            (2) Applicability.--Section 2037 of the Water Resources 
        Development Act of 2007 (121 Stat. 1094) <<NOTE: 33 USC 2326 
        note.>>  is amended by adding at the end the following:

    ``(c) Applicability.--The amendment made by subsection (a) shall not 
apply to any project authorized under this Act if a report of the Chief 
of Engineers for the project was completed prior to the date of 
enactment of this Act.''.
    (e) Small Flood Control Projects.--Section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s) is amended in the third sentence by 
striking ``$7,000,000'' and inserting ``$10,000,000''.
    (f) Project Modifications for Improvement of Environment.--Section 
1135(d) of the Water Resources Development Act of 1986 (33 U.S.C. 
2309a(d)) is amended--
            (1) in the second sentence, by striking ``Not more than 80 
        percent of the non-Federal share may be'' and inserting ``The 
        non-Federal share may be provided''; and
            (2) in the third sentence, by striking ``$5,000,000'' and 
        inserting ``$10,000,000''.

    (g) Aquatic Ecosystem Restoration.--Section 206(d) of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330(d)) is amended by 
striking ``$5,000,000'' and inserting ``$10,000,000''.
    (h) Floodplain Management Services.--Section 206(d) of the Flood 
Control Act of 1960 (33 U.S.C. 709a(d)) is amended by striking 
``$15,000,000'' and inserting ``$50,000,000''.
    (i) Emergency Streambank and Shoreline Protection.--Section 14 of 
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended--
            (1) by striking ``$15,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by striking ``$1,500,000'' and inserting ``$5,000,000''.
SEC. 1031. TRIBAL PARTNERSHIP PROGRAM.

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

    ``(e) Restrictions.--The Secretary is authorized to carry out 
activities under this section for fiscal years 2015 through 2024.''.

[[Page 128 STAT. 1233]]

    (b) <<NOTE: 33 USC 2339a.>>  Cooperative Agreements With Indian 
Tribes.--The Secretary may enter into a cooperative agreement with an 
Indian tribe (or a designated representative of an Indian tribe) to 
carry out authorized activities of the Corps of Engineers to protect 
fish, wildlife, water quality, and cultural resources.
SEC. 1032. TERRITORIES OF THE UNITED STATES.

    Section 1156 of the Water Resources Development Act of 1986 (33 
U.S.C. 2310) is amended--
            (1) by striking ``The Secretary shall waive'' and inserting 
        ``(a) In General.--The Secretary shall waive'';
            (2) in subsection (a) (as so designated), by inserting 
        ``Puerto Rico,'' before ``and the Trust Territory of the Pacific 
        Islands''; and
            (3) by adding at the end the following:

    ``(b) <<NOTE: Time period.>>  Inflation Adjustment.--The Secretary 
shall adjust the dollar amount specified in subsection (a) for inflation 
for the period beginning on November 17, 1986, and ending on the date of 
enactment of this subsection.''.
SEC. 1033. <<NOTE: 33 USC 2350.>>  CORROSION PREVENTION.

    (a) In General.--To the greatest extent practicable, the Secretary 
shall encourage and incorporate corrosion prevention activities at water 
resources development projects.
    (b) Activities.--In carrying out subsection (a), the Secretary, to 
the greatest extent practicable, shall ensure that contractors 
performing work for water resources development projects--
            (1) use best practices to carry out corrosion prevention 
        activities in the field;
            (2) use industry-recognized standards and corrosion 
        mitigation and prevention methods when--
                    (A) determining protective coatings;
                    (B) selecting materials; and
                    (C) determining methods of cathodic protection, 
                design, and engineering for corrosion prevention;
            (3) use certified coating application specialists and 
        cathodic protection technicians and engineers;
            (4) use best practices in environmental protection to 
        prevent environmental degradation and to ensure careful handling 
        of all hazardous materials;
            (5) demonstrate a history of employing industry-certified 
        inspectors to ensure adherence to best practices and standards; 
        and
            (6) demonstrate a history of compliance with applicable 
        requirements of the Occupational Safety and Health 
        Administration.

    (c) Corrosion Prevention Activities Defined.--In this section, the 
term ``corrosion prevention activities'' means--
            (1) the application and inspection of protective coatings 
        for complex work involving steel and cementitious structures, 
        including structures that will be exposed in immersion;
            (2) the installation, testing, and inspection of cathodic 
        protection systems; and
            (3) any other activities related to corrosion prevention the 
        Secretary determines appropriate.

[[Page 128 STAT. 1234]]

SEC. 1034. <<NOTE: 33 USC 2314b.>>  ADVANCED MODELING 
                          TECHNOLOGIES.

    (a) In General.--To the greatest extent practicable, the Secretary 
shall encourage and incorporate advanced modeling technologies, 
including 3-dimensional digital modeling, that can expedite project 
delivery or improve the evaluation of water resources development 
projects that receive Federal funding by--
            (1) accelerating and improving the environmental review 
        process;
            (2) increasing effective public participation;
            (3) enhancing the detail and accuracy of project designs;
            (4) increasing safety;
            (5) accelerating construction and reducing construction 
        costs; or
            (6) otherwise achieving the purposes described in paragraphs 
        (1) through (5).

    (b) Activities.--In carrying out subsection (a), the Secretary, to 
the greatest extent practicable, shall--
            (1) compile information related to advanced modeling 
        technologies, including industry best practices with respect to 
        the use of the technologies;
            (2) disseminate to non-Federal interests the information 
        described in paragraph (1); and
            (3) promote the use of advanced modeling technologies.
SEC. 1035. RECREATIONAL ACCESS.

    (a) Definition of Floating Cabin.--In this section, the term 
``floating cabin'' means a vessel (as defined in section 3 of title 1, 
United States Code) that has overnight accommodations.
    (b) Recreational Access.--The Secretary shall allow the use of a 
floating cabin on waters under the jurisdiction of the Secretary in the 
Cumberland River basin if--
            (1) the floating cabin--
                    (A) is in compliance with regulations for 
                recreational vessels issued under chapter 43 of title 
                46, United States Code, and section 312 of the Federal 
                Water Pollution Control Act (33 U.S.C. 1322);
                    (B) is located at a marina leased by the Corps of 
                Engineers; and
                    (C) is maintained by the owner to required health 
                and safety standards; and
            (2) the Secretary has authorized the use of recreational 
        vessels on such waters.
SEC. 1036. <<NOTE: 33 USC 701b-15.>>  NON-FEDERAL PLANS TO PROVIDE 
                          ADDITIONAL FLOOD RISK REDUCTION.

    (a) <<NOTE: Determination.>>  In General.--If requested by a non-
Federal interest, the Secretary shall carry out a locally preferred plan 
that provides a higher level of protection than a flood risk management 
project authorized under this Act if the Secretary determines that--
            (1) the plan is technically feasible and environmentally 
        acceptable; and
            (2) the benefits of the plan exceed the costs of the plan.

    (b) Non-Federal Cost Share.--If the Secretary carries out a locally 
preferred plan under subsection (a), the Federal share of the cost of 
the project shall be not greater than the share as provided by law for 
elements of the national economic development plan.

[[Page 128 STAT. 1235]]

SEC. 1037. HURRICANE AND STORM DAMAGE REDUCTION.

    (a) In General.--Section 156 of the Water Resources Development Act 
of 1976 (42 U.S.C. 1962d-5f) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:

    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following:

    ``(b) <<NOTE: Study. Time period.>>  Review.--Notwithstanding 
subsection (a), the Secretary shall, at the request of the non-Federal 
interest, carry out a study to determine the feasibility of extending 
the period of nourishment described in subsection (a) for a period not 
to exceed 15 additional years beyond the maximum period described in 
subsection (a).

    ``(c) Plan for Reducing Risk to People and Property.--
            ``(1) In general.--As part of the review described in 
        subsection (b), the non-Federal interest shall submit to the 
        Secretary a plan for reducing risk to people and property during 
        the life of the project.
            ``(2) Inclusion of plan in recommendation to congress.--The 
        Secretary shall include the plan described in subsection (a) in 
        the recommendations to Congress described in subsection (d).

    ``(d) <<NOTE: Recommenda- tions.>>  Report to Congress.--Upon 
completion of the review described in subsection (b), the Secretary 
shall--
            ``(1) submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives any 
        recommendations of the Secretary related to the review; and
            ``(2) include in the subsequent annual report to Congress 
        required under section 7001 of the Water Resources Reform and 
        Development Act of 2014, any recommendations that require 
        specific congressional authorization.

    ``(e) <<NOTE: Time periods.>>  Special Rule.--Notwithstanding any 
other provision of this section, for any existing authorized water 
resources development project for which the maximum period for 
nourishment described in subsection (a) will expire within the 5 year-
period beginning on the date of enactment of the Water Resources Reform 
and Development Act of 2014, that project shall remain eligible for 
nourishment for an additional 3 years after the expiration of such 
period.''.

    (b) Review of Authorized Periodic Nourishment Authority.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the date of enactment of this Act, the Secretary shall 
        initiate a review of all authorized water resources development 
        projects for which the Secretary is authorized to provide 
        periodic nourishment under section 156 of the Water Resources 
        Development Act of 1976 (42 U.S.C. 1962d-5f).
            (2) Scope of review.--In carrying out the review under 
        paragraph (1), the Secretary shall assess the Federal costs 
        associated with that nourishment authority and the projected 
        benefits of each project.
            (3) <<NOTE: Public information.>>  Report to congress.--Upon 
        completion of the review under paragraph (1), the Secretary 
        shall issue to the Committee on Environment and Public Works of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives and make publicly 
        available a report on the results of that review, including any 
        proposed changes the Secretary may recommend to the nourishment 
        authority.

[[Page 128 STAT. 1236]]

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

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

    ``(d) Selection of Dredged Material Disposal Method for Purposes 
Related to Environmental Restoration or Storm Damage and Flood 
Reduction.--''; and
                    (B) in paragraph (1), by striking ``in relation to'' 
                and all that follows through the period at the end and 
                inserting ``in relation to--
                    ``(A) the environmental benefits, including the 
                benefits to the aquatic environment to be derived from 
                the creation of wetlands and control of shoreline 
                erosion; or
                    ``(B) the flood and storm damage and flood reduction 
                benefits, including shoreline protection, protection 
                against loss of life, and damage to improved 
                property.''; and
            (3) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) cooperate with any State or group of States in the 
        preparation of a comprehensive State or regional sediment 
        management plan within the boundaries of the State or among 
        States;''.
SEC. 1039. INVASIVE SPECIES.

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

[[Page 128 STAT. 1237]]

                    (A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the Federal 
                costs of, and spending on, aquatic invasive species.
                    (B) Contents.--The assessment conducted under 
                subparagraph (A) shall include--
                          (i) identification of current Federal spending 
                      on, and projected future Federal costs of, 
                      operation and maintenance related to mitigating 
                      the impacts of aquatic invasive species on 
                      federally owned or operated facilities;
                          (ii) identification of current Federal 
                      spending on aquatic invasive species prevention;
                          (iii) analysis of whether spending identified 
                      in clause (ii) is adequate for the maintenance and 
                      protection of services provided by federally owned 
                      or operated facilities, based on the current 
                      spending and projected future costs identified in 
                      clause (i); and
                          (iv) review of any other aspect of aquatic 
                      invasive species prevention or mitigation 
                      determined appropriate by the Comptroller General.
                    (C) <<NOTE: Deadline. Reports.>>  Findings.--Not 
                later than 1 year after the date of enactment of this 
                Act, the Comptroller General shall submit to the 
                Committee on Environment and Public Works and the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Transportation and Infrastructure 
                and the Committee on Natural Resources of the House of 
                Representatives a report containing the findings of the 
                assessment conducted under subparagraph (A).

    (b) <<NOTE: 16 USC 4701 note.>>  Aquatic Invasive Species 
Prevention.--
            (1) Multiagency effort to slow the spread of asian carp in 
        the upper mississippi and ohio river basins and tributaries.--
                    (A) In general.--The Director of the United States 
                Fish and Wildlife Service, in coordination with the 
                Secretary, the Director of the National Park Service, 
                and the Director of the United States Geological Survey, 
                shall lead a multiagency effort to slow the spread of 
                Asian carp in the Upper Mississippi and Ohio River 
                basins and tributaries by providing technical 
                assistance, coordination, best practices, and support to 
                State and local governments in carrying out activities 
                designed to slow, and eventually eliminate, the threat 
                posed by Asian carp.
                    (B) Best practices.--To the maximum extent 
                practicable, the multiagency effort shall apply lessons 
                learned and best practices such as those described in 
                the document prepared by the Asian Carp Working Group 
                entitled ``Management and Control Plan for Bighead, 
                Black, Grass, and Silver Carps in the United States'' 
                and dated November 2007, and the document prepared by 
                the Asian Carp Regional Coordinating Committee entitled 
                ``FY 2012 Asian Carp Control Strategy Framework'' and 
                dated February 2012.
            (2) Report to congress.--
                    (A) <<NOTE: Public information.>>  In general.--Not 
                later than December 31 of each year, the Director of the 
                United States Fish and Wildlife Service, in coordination 
                with the Secretary, shall submit to the Committee on 
                Appropriations and the Committee

[[Page 128 STAT. 1238]]

                on Environment and Public Works of the Senate and the 
                Committee on Appropriations, the Committee on Natural 
                Resources, and the Committee on Transportation and 
                Infrastructure of the House of Representatives and make 
                publicly available a report describing the coordinated 
                strategies established and progress made toward the 
                goals of controlling and eliminating Asian carp in the 
                Upper Mississippi and Ohio River basins and tributaries.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                          (i) any observed changes in the range of Asian 
                      carp in the Upper Mississippi and Ohio River 
                      basins and tributaries during the 2-year period 
                      preceding submission of the report;
                          (ii) a summary of Federal agency efforts, 
                      including cooperative efforts with non-Federal 
                      partners, to control the spread of Asian carp in 
                      the Upper Mississippi and Ohio River basins and 
                      tributaries;
                          (iii) any research that the Director 
                      determines could improve the ability to control 
                      the spread of Asian carp;
                          (iv) any quantitative measures that the 
                      Director intends to use to document progress in 
                      controlling the spread of Asian carp; and
                          (v) a cross-cut accounting of Federal and non-
                      Federal expenditures to control the spread of 
                      Asian carp.

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

    (d) Prevention and Management.--Section 104 of the River and Harbor 
Act of 1958 (33 U.S.C. 610) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``There is'' 
                and inserting the following:
            ``(1) In general.--There is'';
                    (B) in the second sentence, by striking ``Local'' 
                and inserting the following:
            ``(2) Local interests.--Local'';
                    (C) in the third sentence, by striking ``Costs'' and 
                inserting the following:
            ``(3) Federal costs.--Costs''; and
                    (D) in paragraph (1) (as designated by subparagraph 
                (A))--
                          (i) by striking ``control and progressive,'' 
                      and inserting ``prevention, control, and 
                      progressive''; and

[[Page 128 STAT. 1239]]

                          (ii) by inserting ``and aquatic invasive 
                      species'' after ``noxious aquatic plant growths'';
            (2) in subsection (b), in the first sentence, by striking 
        ``$15,000,000 annually'' and inserting ``$40,000,000, of which 
        $20,000,000 shall be made available to implement subsection (d), 
        annually''; and
            (3) by inserting after subsection (c) the following:

    ``(d) Watercraft Inspection Stations.--
            ``(1) <<NOTE: State listings.>>  In general.--In carrying 
        out this section, the Secretary may establish watercraft 
        inspection stations in the Columbia River Basin to be located in 
        the States of Idaho, Montana, Oregon, and Washington at 
        locations, as determined by the Secretary, with the highest 
        likelihood of preventing the spread of aquatic invasive species 
        at reservoirs operated and maintained by the Secretary.
            ``(2) Cost share.--The non-Federal share of the cost of 
        constructing, operating, and maintaining watercraft inspection 
        stations described in paragraph (1) (including personnel costs) 
        shall be--
                    ``(A) 50 percent; and
                    ``(B) provided by the State or local governmental 
                entity in which such inspection station is located.
            ``(3) <<NOTE: Consultation.>>  Coordination.--In carrying 
        out this subsection, the Secretary shall consult and coordinate 
        with--
                    ``(A) the States described in paragraph (1);
                    ``(B) Indian tribes; and
                    ``(C) other Federal agencies, including--
                          ``(i) the Department of Agriculture;
                          ``(ii) the Department of Energy;
                          ``(iii) the Department of Homeland Security;
                          ``(iv) the Department of Commerce; and
                          ``(v) the Department of the Interior.

    ``(e) Monitoring and Contingency Planning.--In carrying out this 
section, the Secretary may--
            ``(1) carry out risk assessments of water resources 
        facilities;
            ``(2) monitor for aquatic invasive species;
            ``(3) establish watershed-wide plans for expedited response 
        to an infestation of aquatic invasive species; and
            ``(4) monitor water quality, including sediment cores and 
        fish tissue samples.''.
SEC. 1040. FISH AND WILDLIFE MITIGATION.

    (a) In General.--Section 906 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2283) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in the first sentence--
                                    (I) by inserting ``for damages to 
                                ecological resources, including 
                                terrestrial and aquatic resources, and'' 
                                after ``mitigate'';
                                    (II) by inserting ``ecological 
                                resources and'' after ``impact on''; and
                                    (III) by inserting ``without the 
                                implementation of mitigation measures'' 
                                before the period; and
                          (ii) by inserting before the last sentence the 
                      following: <<NOTE: Determination. Reports.>>  ``If 
                      the Secretary determines that mitigation to in-
                      kind conditions is not possible, the Secretary 
                      shall

[[Page 128 STAT. 1240]]

                      identify in the report the basis for that 
                      determination and the mitigation measures that 
                      will be implemented to meet the requirements of 
                      this section and the goals of section 307(a)(1) of 
                      the Water Resources Development Act of 1990 (33 
                      U.S.C. 2317(a)(1)).'';
                    (B) in paragraph (2)--
                          (i) in the heading, by striking ``Design'' and 
                      inserting ``Selection and design'';
                          (ii) by inserting ``select and'' after 
                      ``shall''; and
                          (iii) by inserting ``using a watershed 
                      approach'' after ``projects''; and
                    (C) in paragraph (3)--
                          (i) in subparagraph (A), by inserting ``, at a 
                      minimum,'' after ``complies with''; and
                          (ii) in subparagraph (B)--
                                    (I) by striking clause (iii);
                                    (II) by redesignating clauses (iv) 
                                and (v) as clauses (v) and (vi), 
                                respectively; and
                                    (III) by inserting after clause (ii) 
                                the following:
                          ``(iii) <<NOTE: Determination.>>  for projects 
                      where mitigation will be carried out by the 
                      Secretary--
                                    ``(I) a description of the land and 
                                interest in land to be acquired for the 
                                mitigation plan;
                                    ``(II) the basis for a determination 
                                that the land and interests are 
                                available for acquisition; and
                                    ``(III) a determination that the 
                                proposed interest sought does not exceed 
                                the minimum interest in land necessary 
                                to meet the mitigation requirements for 
                                the project;
                          ``(iv) for projects where mitigation will be 
                      carried out through a third party mitigation 
                      arrangement in accordance with subsection (i)--
                                    ``(I) a description of the third 
                                party mitigation instrument to be used; 
                                and
                                    ``(II) the basis for a determination 
                                that the mitigation instrument can meet 
                                the mitigation requirements for the 
                                project;''; and
            (2) by adding at the end the following:

    ``(h) Programmatic Mitigation Plans.--
            ``(1) In general.--The Secretary may develop programmatic 
        mitigation plans to address the potential impacts to ecological 
        resources, fish, and wildlife associated with existing or future 
        Federal water resources development projects.
            ``(2) Use of mitigation plans.--The Secretary shall, to the 
        maximum extent practicable, use programmatic mitigation plans 
        developed in accordance with this subsection to guide the 
        development of a mitigation plan under subsection (d).
            ``(3) Non-federal plans.--The Secretary shall, to the 
        maximum extent practicable and subject to all conditions of this 
        subsection, use programmatic environmental plans developed by a 
        State, a body politic of the State, which derives its powers 
        from a State constitution, a government entity created by State 
        legislation, or a local government, that meet the requirements 
        of this subsection to address the potential environmental 
        impacts of existing or future water resources development 
        projects.

[[Page 128 STAT. 1241]]

            ``(4) Scope.--A programmatic mitigation plan developed by 
        the Secretary or an entity described in paragraph (3) to address 
        potential impacts of existing or future water resources 
        development projects shall, to the maximum extent practicable--
                    ``(A) be developed on a regional, ecosystem, 
                watershed, or statewide scale;
                    ``(B) include specific goals for aquatic resource 
                and fish and wildlife habitat restoration, 
                establishment, enhancement, or preservation;
                    ``(C) identify priority areas for aquatic resource 
                and fish and wildlife habitat protection or restoration;
                    ``(D) encompass multiple environmental resources 
                within a defined geographical area or focus on a 
                specific resource, such as aquatic resources or wildlife 
                habitat; and
                    ``(E) address impacts from all projects in a defined 
                geographical area or focus on a specific type of 
                project.
            ``(5) Consultation.--The scope of the plan shall be 
        determined by the Secretary or an entity described in paragraph 
        (3), as appropriate, in consultation with the agency with 
        jurisdiction over the resources being addressed in the 
        environmental mitigation plan.
            ``(6) Contents.--A programmatic environmental mitigation 
        plan may include--
                    ``(A) an assessment of the condition of 
                environmental resources in the geographical area covered 
                by the plan, including an assessment of recent trends 
                and any potential threats to those resources;
                    ``(B) an assessment of potential opportunities to 
                improve the overall quality of environmental resources 
                in the geographical area covered by the plan through 
                strategic mitigation for impacts of water resources 
                development projects;
                    ``(C) standard measures for mitigating certain types 
                of impacts;
                    ``(D) parameters for determining appropriate 
                mitigation for certain types of impacts, such as 
                mitigation ratios or criteria for determining 
                appropriate mitigation sites;
                    ``(E) adaptive management procedures, such as 
                protocols that involve monitoring predicted impacts over 
                time and adjusting mitigation measures in response to 
                information gathered through the monitoring;
                    ``(F) acknowledgment of specific statutory or 
                regulatory requirements that must be satisfied when 
                determining appropriate mitigation for certain types of 
                resources; and
                    ``(G) any offsetting benefits of self-mitigating 
                projects, such as ecosystem or resource restoration and 
                protection.
            ``(7) Process.--Before adopting a programmatic environmental 
        mitigation plan for use under this subsection, the Secretary 
        shall--
                    ``(A) <<NOTE: Public information.>>  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

[[Page 128 STAT. 1242]]

                    ``(B) <<NOTE: Determination. Deadline.>>  for a plan 
                developed under paragraph (3), determine, not later than 
                180 days after receiving the plan, whether the plan 
                meets the requirements of paragraphs (4) through (6) and 
                was made available for public comment.
            ``(8) Integration with other plans.--A programmatic 
        environmental mitigation plan may be integrated with other 
        plans, including watershed plans, ecosystem plans, species 
        recovery plans, growth management plans, and land use plans.
            ``(9) Consideration in project development and permitting.--
        If a programmatic environmental mitigation plan has been 
        developed under this subsection, any Federal agency responsible 
        for environmental reviews, permits, or approvals for a water 
        resources development project may use the recommendations in 
        that programmatic environmental mitigation plan when carrying 
        out the responsibilities of the agency under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(10) Preservation of existing authorities.--Nothing in 
        this subsection limits the use of programmatic approaches to 
        reviews under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            ``(11) Mitigation for existing projects.--Nothing in this 
        subsection requires the Secretary to undertake additional 
        mitigation for existing projects for which mitigation has 
        already been initiated.

    ``(i) Third-party Mitigation Arrangements.--
            ``(1) Eligible activities.--In accordance with all 
        applicable Federal laws (including regulations), mitigation 
        efforts carried out under this section may include--
                    ``(A) participation in mitigation banking or other 
                third-party mitigation arrangements, such as--
                          ``(i) the purchase of credits from commercial 
                      or State, regional, or local agency-sponsored 
                      mitigation banks; and
                          ``(ii) the purchase of credits from in-lieu 
                      fee mitigation programs; and
                    ``(B) contributions to statewide and regional 
                efforts to conserve, restore, enhance, and create 
                natural habitats and wetlands if the Secretary 
                determines that the contributions will ensure that the 
                mitigation requirements of this section and the goals of 
                section 307(a)(1) of the Water Resources Development Act 
                of 1990 (33 U.S.C. 2317(a)(1)) will be met.
            ``(2) Inclusion of other activities.--The banks, programs, 
        and efforts described in paragraph (1) include any banks, 
        programs, and efforts developed in accordance with applicable 
        law (including regulations).
            ``(3) Terms and conditions.--In carrying out natural habitat 
        and wetlands mitigation efforts under this section, 
        contributions to the mitigation effort may--
                    ``(A) take place concurrent with, or in advance of, 
                the commitment of funding to a project; and
                    ``(B) occur in advance of project construction only 
                if the efforts are consistent with all applicable 
                requirements of Federal law (including regulations) and 
                water resources development planning processes.

[[Page 128 STAT. 1243]]

            ``(4) Preference.--At the request of the non-Federal project 
        sponsor, preference may be given, to the maximum extent 
        practicable, to mitigating an environmental impact through the 
        use of a mitigation bank, in-lieu fee, or other third-party 
        mitigation arrangement, if the use of credits from the 
        mitigation bank or in-lieu fee, or the other third-party 
        mitigation arrangement for the project has been approved by the 
        applicable Federal agency.''.

    (b) <<NOTE: 33 USC 2283 note.>>  Application.--The amendments made 
by subsection (a) shall not apply to a project for which a mitigation 
plan has been completed as of the date of enactment of this Act.

    (c) <<NOTE: 33 USC 2283c.>>  Technical Assistance.--
            (1) In general.--The Secretary may provide technical 
        assistance to States and local governments to establish third-
        party mitigation instruments, including mitigation banks and in-
        lieu fee programs, that will help to target mitigation payments 
        to high-priority ecosystem restoration actions.
            (2) Requirements.--In providing technical assistance under 
        this subsection, the Secretary shall give priority to States and 
        local governments that have developed State, regional, or 
        watershed-based plans identifying priority restoration actions.
            (3) Mitigation instruments.--The Secretary shall seek to 
        ensure any technical assistance provided under this subsection 
        will support the establishment of mitigation instruments that 
        will result in restoration of high-priority areas identified in 
        the plans under paragraph (2).
SEC. 1041. MITIGATION STATUS REPORT.

    Section 2036(b) of the Water Resources Development Act of 2007 (33 
U.S.C. 2283a) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Information included.--In reporting the status of all 
        projects included in the report, the Secretary shall--
                    ``(A) use a uniform methodology for determining the 
                status of all projects included in the report;
                    ``(B) use a methodology that describes both a 
                qualitative and quantitative status for all projects in 
                the report; and
                    ``(C) provide specific dates for participation in 
                the consultations required under section 906(d)(4)(B) of 
                the Water Resources Development Act of 1986 (33 U.S.C. 
                2283(d)(4)(B)).''.
SEC. 1042. <<NOTE: 33 USC 2201 note.>>  REPORTS TO CONGRESS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary shall complete and submit to Congress by the applicable date 
required the reports that address public safety and enhanced local 
participation in project delivery described in subsection (b).
    (b) Reports.--The reports referred to in subsection (a) are the 
reports required under--
            (1) subparagraphs (A) and (B) of section 1043(a)(5);
            (2) section 1046(a)(2)(B);
            (3) section 210(e)(3) of the Water Resources Development Act 
        of 1986 (33 U.S.C. 2238(e)(3)) (as amended by section 2102(a)); 
        and

[[Page 128 STAT. 1244]]

            (4) section 7001.

    (c) Failure To Provide a Completed Report.--
            (1) <<NOTE: Deadline.>>  In general.--Subject to subsection 
        (d), if the Secretary fails to provide a report listed under 
        subsection (b) by the date that is 180 days after the applicable 
        date required for that report, $5,000 shall be reprogrammed from 
        the General Expenses account of the civil works program of the 
        Army Corps of Engineers into the account of the division of the 
        Army Corps of Engineers with responsibility for completing that 
        report.
            (2) Subsequent reprogramming.--Subject to subsection (d), 
        for each additional week after the date described in paragraph 
        (1) in which a report described in that paragraph remains 
        uncompleted and unsubmitted to Congress, $5,000 shall be 
        reprogrammed from the General Expenses account of the civil 
        works program of the Army Corps of Engineers into the account of 
        the division of the Secretary of the Army with responsibility 
        for completing that report.

    (d) Limitations.--
            (1) In general.--For each report, the total amounts 
        reprogrammed under subsection (c) shall not exceed, in any 
        fiscal year, $50,000.
            (2) Aggregate limitation.--The total amount reprogrammed 
        under subsection (c) in a fiscal year shall not exceed $200,000.

    (e) <<NOTE: Certification.>>  No Fault of the Secretary.--Amounts 
shall not be reprogrammed under subsection (c) if the Secretary 
certifies in a letter to the applicable committees of Congress that--
            (1) a major modification has been made to the content of the 
        report that requires additional analysis for the Secretary to 
        make a final decision on the report;
            (2) amounts have not been appropriated to the agency under 
        this Act or any other Act to carry out the report; or
            (3) additional information is required from an entity other 
        than the Corps of Engineers and is not available in a timely 
        manner to complete the report by the deadline.

    (f) Limitation.--The Secretary shall not reprogram funds to the 
General Expenses account of the civil works program of the Corps of 
Engineers for the loss of the funds.
SEC. 1043. <<NOTE: 33 USC 2201 note.>>  NON-FEDERAL IMPLEMENTATION 
                          PILOT PROGRAM.

    (a) Non-Federal Implementation of Feasibility Studies.--
            (1) <<NOTE: Deadline. Evaluation.>>  In general.--Not later 
        than 180 days after the date of enactment of this Act, the 
        Secretary shall establish and implement a pilot program to 
        evaluate the cost-effectiveness and project delivery efficiency 
        of allowing non-Federal interests to carry out feasibility 
        studies for flood risk management, hurricane and storm damage 
        reduction, aquatic ecosystem restoration, and coastal harbor and 
        channel and inland navigation.
            (2) Purposes.--The purposes of the pilot program are--
                    (A) to identify project delivery and cost-saving 
                alternatives to the existing feasibility study process;
                    (B) to evaluate the technical, financial, and 
                organizational efficiencies of a non-Federal interest 
                carrying out a feasibility study of 1 or more projects; 
                and

[[Page 128 STAT. 1245]]

                    (C) to evaluate alternatives for the 
                decentralization of the project planning, management, 
                and operational decisionmaking process of the Corps of 
                Engineers.
            (3) Administration.--
                    (A) <<NOTE: Contracts.>>  In general.--On the 
                request of a non-Federal interest, the Secretary may 
                enter into an agreement with the non-Federal interest 
                for the non-Federal interest to provide full project 
                management control of a feasibility study for a project 
                for--
                          (i) flood risk management;
                          (ii) hurricane and storm damage reduction, 
                      including levees, floodwalls, flood control 
                      channels, and water control structures;
                          (iii) coastal harbor and channel and inland 
                      navigation; and
                          (iv) aquatic ecosystem restoration.
                    (B) Use of non-federal funds.--
                          (i) In general.--A non-Federal interest that 
                      has entered into an agreement with the Secretary 
                      pursuant to subparagraph (A) may use non-Federal 
                      funds to carry out the feasibility study.
                          (ii) Credit.--The Secretary shall credit 
                      towards the non-Federal share of the cost of 
                      construction of a project for which a feasibility 
                      study is carried out under this subsection an 
                      amount equal to the portion of the cost of 
                      developing the study that would have been the 
                      responsibility of the Secretary, if the study were 
                      carried out by the Secretary, subject to the 
                      conditions that--
                                    (I) non-Federal funds were used to 
                                carry out the activities that would have 
                                been the responsibility of the 
                                Secretary;
                                    (II) the Secretary determines that 
                                the feasibility study complies with all 
                                applicable Federal laws and regulations; 
                                and
                                    (III) the project is authorized by 
                                any provision of Federal law enacted 
                                after the date on which an agreement is 
                                entered into under subparagraph (A).
                    (C) Transfer of funds.--
                          (i) In general.--After the date on which an 
                      agreement is executed pursuant to subparagraph 
                      (A), the Secretary may transfer to the non-Federal 
                      interest to carry out the feasibility study--
                                    (I) if applicable, the balance of 
                                any unobligated amounts appropriated for 
                                the study, except that the Secretary 
                                shall retain sufficient amounts for the 
                                Corps of Engineers to carry out any 
                                responsibilities of the Corps of 
                                Engineers relating to the project and 
                                pilot program; and
                                    (II) additional amounts, as 
                                determined by the Secretary, from 
                                amounts made available under paragraph 
                                (8), except that the total amount 
                                transferred to the non-Federal interest 
                                shall not exceed the updated estimate of 
                                the Federal share of the cost of the 
                                feasibility study.

[[Page 128 STAT. 1246]]

                          (ii) Administration.--The Secretary shall 
                      include such provisions as the Secretary 
                      determines to be necessary in an agreement under 
                      subparagraph (A) to ensure that a non-Federal 
                      interest receiving Federal funds under this 
                      paragraph--
                                    (I) has the necessary qualifications 
                                to administer those funds; and
                                    (II) will comply with all applicable 
                                Federal laws (including regulations) 
                                relating to the use of those funds.
                    (D) Notification.--The Secretary shall notify the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives on the initiation of 
                each feasibility study under the pilot program.
                    (E) Auditing.--The Secretary shall regularly monitor 
                and audit each feasibility study carried out by a non-
                Federal interest under this section to ensure that the 
                use of any funds transferred under subparagraph (C) are 
                used in compliance with the agreement signed under 
                subparagraph (A).
                    (F) Technical assistance.--On the request of a non-
                Federal interest, the Secretary may provide technical 
                assistance to the non-Federal interest relating to any 
                aspect of the feasibility study, if the non-Federal 
                interest contracts with the Secretary for the technical 
                assistance and compensates the Secretary for the 
                technical assistance.
                    (G) <<NOTE: Deadline.>>  Detailed project 
                schedule.--Not later than 180 days after entering into 
                an agreement under subparagraph (A), each non-Federal 
                interest, to the maximum extent practicable, shall 
                submit to the Secretary a detailed project schedule, 
                based on full funding capability, that lists all 
                deadlines for milestones relating to the feasibility 
                study.
            (4) Cost share.--Nothing in this subsection affects the 
        cost-sharing requirement applicable on the day before the date 
        of enactment of this Act to a feasibility study carried out 
        under this subsection.
            (5) Report.--
                    (A) <<NOTE: Public information.>>  In general.--Not 
                later than 2 years after the date of enactment of this 
                Act, the Secretary shall submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and make publicly available a 
                report detailing the results of the pilot program 
                carried out under this section, including--
                          (i) a description of the progress of the non-
                      Federal interests in meeting milestones in 
                      detailed project schedules developed pursuant to 
                      paragraph (3)(G); and
                          (ii) any recommendations of the Secretary 
                      concerning whether the program or any component of 
                      the program should be implemented on a national 
                      basis.
                    (B) Update.--Not later than 5 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                the Committee on Environment and Public Works of the

[[Page 128 STAT. 1247]]

                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives an update 
                of the report described in subparagraph (A).
                    (C) Failure to meet deadline.--If the Secretary 
                fails to submit a report by the required deadline under 
                this paragraph, the Secretary shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives a detailed explanation 
                of why the deadline was missed and a projected date for 
                submission of the report.
            (6) <<NOTE: Applicability.>>  Administration.--All laws and 
        regulations that would apply to the Secretary if the Secretary 
        were carrying out the feasibility study shall apply to a non-
        Federal interest carrying out a feasibility study under this 
        subsection.
            (7) Termination of authority.--The authority to commence a 
        feasibility study under this subsection terminates on the date 
        that is 5 years after the date of enactment of this Act.
            (8) Authorization of appropriations.--In addition to any 
        amounts appropriated for a specific project, there is authorized 
        to be appropriated to the Secretary to carry out the pilot 
        program under this subsection, including the costs of 
        administration of the Secretary, $25,000,000 for each of fiscal 
        years 2015 through 2019.

    (b) Non-Federal Project Implementation Pilot Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall establish and implement a pilot program to evaluate the 
        cost-effectiveness and project delivery efficiency of allowing 
        non-Federal interests to carry out flood risk management, 
        hurricane and storm damage reduction, coastal harbor and channel 
        inland navigation, and aquatic ecosystem restoration projects.
            (2) Purposes.--The purposes of the pilot program are--
                    (A) to identify project delivery and cost-saving 
                alternatives that reduce the backlog of authorized Corps 
                of Engineers projects;
                    (B) to evaluate the technical, financial, and 
                organizational efficiencies of a non-Federal interest 
                carrying out the design, execution, management, and 
                construction of 1 or more projects; and
                    (C) to evaluate alternatives for the 
                decentralization of the project management, design, and 
                construction for authorized Corps of Engineers water 
                resources projects.
            (3) Administration.--
                    (A) In general.--In carrying out the pilot program, 
                the Secretary shall--
                          (i) identify a total of not more than 15 
                      projects for flood risk management, hurricane and 
                      storm damage reduction (including levees, 
                      floodwalls, flood control channels, and water 
                      control structures), coastal harbor and channels, 
                      inland navigation, and aquatic ecosystem 
                      restoration that have been authorized for 
                      construction prior to the date of enactment of 
                      this Act, including--
                                    (I) not more than 12 projects that--

[[Page 128 STAT. 1248]]

                                            (aa)(AA) have received 
                                        Federal funds prior to the date 
                                        of enactment of this Act; or
                                            (BB) for more than 2 
                                        consecutive fiscal years, have 
                                        an unobligated funding balance 
                                        for that project in the Corps of 
                                        Engineers construction account; 
                                        and
                                            (bb) to the maximum extent 
                                        practicable, are located in each 
                                        of the divisions of the Corps of 
                                        Engineers; and
                                    (II) <<NOTE: Time period.>>  not 
                                more than 3 projects that have not 
                                received Federal funds in the period 
                                beginning on the date on which the 
                                project was authorized and ending on the 
                                date of enactment of this Act;
                          (ii) <<NOTE: Notification.>>  notify the 
                      Committee on Environment and Public Works of the 
                      Senate and the Committee on Transportation and 
                      Infrastructure of the House of Representatives on 
                      the identification of each project under the pilot 
                      program;
                          (iii) <<NOTE: Plan.>>  in collaboration with 
                      the non-Federal interest, develop a detailed 
                      project management plan for each identified 
                      project that outlines the scope, budget, design, 
                      and construction resource requirements necessary 
                      for the non-Federal interest to execute the 
                      project, or a separable element of the project;
                          (iv) <<NOTE: Contracts.>>  on the request of 
                      the non-Federal interest, enter into a project 
                      partnership agreement with the non-Federal 
                      interest for the non-Federal interest to provide 
                      full project management control for construction 
                      of the project, or a separable element of the 
                      project, in accordance with plans approved by the 
                      Secretary;
                          (v) following execution of the project 
                      partnership agreement, transfer to the non-Federal 
                      interest to carry out construction of the project, 
                      or a separable element of the project--
                                    (I) if applicable, the balance of 
                                the unobligated amounts appropriated for 
                                the project, except that the Secretary 
                                shall retain sufficient amounts for the 
                                Corps of Engineers to carry out any 
                                responsibilities of the Corps of 
                                Engineers relating to the project and 
                                pilot program; and
                                    (II) additional amounts, as 
                                determined by the Secretary, from 
                                amounts made available under paragraph 
                                (8), except that the total amount 
                                transferred to the non-Federal interest 
                                shall not exceed the updated estimate of 
                                the Federal share of the cost of 
                                construction, including any required 
                                design; and
                          (vi) <<NOTE: Audit.>>  regularly monitor and 
                      audit each project being constructed by a non-
                      Federal interest under this section to ensure that 
                      the construction activities are carried out in 
                      compliance with the plans approved by the 
                      Secretary and that the construction costs are 
                      reasonable.
                    (B) <<NOTE: Deadline.>>  Detailed project 
                schedule.--Not later than 180 days after entering into 
                an agreement under subparagraph (A)(iv), each non-
                Federal interest, to the maximum extent practicable, 
                shall submit to the Secretary a detailed project

[[Page 128 STAT. 1249]]

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

[[Page 128 STAT. 1250]]

        to be appropriated to the Secretary to carry out the pilot 
        program under this subsection, including the costs of 
        administration of the Secretary, $25,000,000 for each of fiscal 
        years 2015 through 2019.
SEC. 1044. INDEPENDENT PEER REVIEW.

    (a) Mandatory Project Studies Subject to Peer Review.--Section 
2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 (33 
U.S.C. 2343(a)(3)(A)(i)) is amended by striking ``$45,000,000'' and 
inserting ``$200,000,000''.
    (b) Timing of Peer Review.--Section 2034(b) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Reasons for timing.--If the Chief of Engineers does 
        not initiate a peer review for a project study at a time 
        described in paragraph (2), the Chief shall--
                    ``(A) <<NOTE: Deadline. Determination.>>  not later 
                than 7 days after the date on which the Chief of 
                Engineers determines not to initiate a peer review--
                          ``(i) <<NOTE: Notification.>>  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) <<NOTE: Public information. Web 
                      posting.>>  make publicly available, including on 
                      the Internet, the reasons for not conducting the 
                      review; and
                    ``(B) include the reasons for not conducting the 
                review in the decision document for the project 
                study.''.

    (c) Establishment of Panels.--Section 2034(c) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343(c)) is amended by striking 
paragraph (4) and inserting the following:
            ``(4) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  notify the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives of the review conducted under 
                this section; and
                    ``(B) <<NOTE: Public information. Web posting.>>  
                make publicly available, including on the Internet, 
                information on--
                          ``(i) the dates scheduled for beginning and 
                      ending the review;
                          ``(ii) the entity that has the contract for 
                      the review; and
                          ``(iii) the names and qualifications of the 
                      panel of experts.''.

    (d) Recommendations of Panel.--Section 2034(f) of the Water 
Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended by 
striking paragraph (2) and inserting the following:
            ``(2) <<NOTE: Web posting. Records. Deadlines.>>  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

[[Page 128 STAT. 1251]]

        available to the public, including on the Internet, and submit 
        to the Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives--
                    ``(A) a copy of the report not later than 7 days 
                after the date on which the report is delivered to the 
                Chief of Engineers; and
                    ``(B) a copy of any written response of the Chief of 
                Engineers on recommendations contained in the report not 
                later than 3 days after the date on which the response 
                is delivered to the Chief of Engineers.
            ``(3) Inclusion in project study.--A report on a project 
        study from a panel of experts under this section and the written 
        response of the Chief of Engineers shall be included in the 
        final decision document for the project study.''.

    (e) Applicability.--Section 2034(h)(2) of the Water Resources 
Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking 
``7 years'' and inserting ``12 years''.
SEC. 1045. REPORT ON SURFACE ELEVATIONS AT DROUGHT AFFECTED LAKES.

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

    (b) <<NOTE: Public information.>>  Report.--The Secretary, in 
coordination with the FERC, shall submit to Congress and make publicly 
available a report on the assessment carried out under subsection (a).
SEC. 1046. <<NOTE: 33 USC 2319 note.>>  RESERVOIR OPERATIONS AND 
                          WATER SUPPLY.

    (a) Dam Optimization.--
            (1) Definition of project.--In this subsection, the term 
        ``project'' means a water resources development project that is 
        operated and maintained by the Secretary.
            (2) Reports.--
                    (A) Assessment of water supply in arid regions.--
                          (i) In general.--The Secretary shall conduct 
                      an assessment of the management practices, 
                      priorities, and authorized purposes at Corps of 
                      Engineers reservoirs in arid regions to determine 
                      the effects of such practices, priorities, and 
                      purposes on water supply during periods of 
                      drought.
                          (ii) Inclusions.--The assessment under clause 
                      (i) shall identify actions that can be carried out 
                      within the scope of existing authorities of the 
                      Secretary to increase project flexibility for the 
                      purpose of mitigating drought impacts.
                          (iii) <<NOTE: Public information.>>  Report.--
                      Not later than 1 year after the date of enactment 
                      of this Act, the Secretary shall submit

[[Page 128 STAT. 1252]]

                      to the Committee on Environment and Public Works 
                      of the Senate and the Committee on Transportation 
                      and Infrastructure of the House of Representatives 
                      and make publicly available a report on the 
                      results of the assessment.
                    (B) Updated report.--
                          (i) In general.--Not later than 2 years after 
                      the date of enactment of this Act, the Secretary 
                      shall update and make publicly available the 
                      report entitled ``Authorized and Operating 
                      Purposes of Corps of Engineers Reservoirs'' and 
                      dated July 1992, which was produced pursuant to 
                      section 311 of the Water Resources Development Act 
                      of 1990 (104 Stat. 4639).
                          (ii) Inclusions.--The updated report described 
                      in clause (i) shall--
                                    (I) include--
                                            (aa) the date on which the 
                                        most recent review of project 
                                        operations was conducted and any 
                                        recommendations of the Secretary 
                                        relating to that review the 
                                        Secretary determines to be 
                                        significant;
                                            (bb) the activities carried 
                                        out pursuant to each such review 
                                        to improve the efficiency of 
                                        operations and maintenance and 
                                        to improve project benefits 
                                        consistent with authorized 
                                        purposes;
                                            (cc) the degree to which 
                                        reviews of project operations 
                                        and subsequent activities 
                                        pursuant to completed reviews 
                                        complied with the policies and 
                                        requirements of applicable law 
                                        and regulations; and
                                            (dd) a plan for reviewing 
                                        the operations of individual 
                                        projects, including a detailed 
                                        schedule for future reviews of 
                                        project operations, that--
                                                (AA) complies with the 
                                            polices and requirements of 
                                            applicable law and 
                                            regulations;
                                                (BB) gives priority to 
                                            reviews and activities 
                                            carried out pursuant to such 
                                            plan where the Secretary 
                                            determines that there is 
                                            support for carrying out 
                                            those reviews and 
                                            activities; and
                                                (CC) ensures that 
                                            reviews and activities are 
                                            carried out pursuant to such 
                                            plan;
                                    (II) be coordinated with appropriate 
                                Federal, State, and local agencies and 
                                those public and private entities that 
                                the Secretary determines may be affected 
                                by those reviews or activities;
                                    (III) not supersede or modify any 
                                written agreement between the Federal 
                                Government and a non-Federal interest 
                                that is in effect on the date of 
                                enactment of this Act;
                                    (IV) not supersede or authorize any 
                                amendment to a multistate water control 
                                plan, including the Missouri River 
                                Master Water Control Manual (as in 
                                effect on the date of enactment of this 
                                Act);

[[Page 128 STAT. 1253]]

                                    (V) not affect any water right in 
                                existence on the date of enactment of 
                                this Act;
                                    (VI) not preempt or affect any State 
                                water law or interstate compact 
                                governing water;
                                    (VII) not affect any authority of a 
                                State, as in effect on the date of 
                                enactment of this Act, to manage water 
                                resources within that State; and
                                    (VIII) comply with section 301 of 
                                the Water Supply Act of 1958 (43 U.S.C. 
                                390b).
            (3) General accountability office report to congress.--The 
        Comptroller General shall--
                    (A) <<NOTE: Audit.>>  conduct an audit to 
                determine--
                          (i) whether reviews of project operations 
                      carried out by the Secretary prior to the date of 
                      enactment of this Act complied with the policies 
                      and requirements of applicable law and 
                      regulations; and
                          (ii) whether the plan developed by the 
                      Secretary pursuant to paragraph (2)(B)(ii)(I)(dd) 
                      complies with this subsection and with the 
                      policies and requirements of applicable law and 
                      regulation; and
                    (B) not later than 2 years after the date of 
                enactment of this Act, submit to Congress a report 
                that--
                          (i) summarizes the results of the audit 
                      required by subparagraph (A);
                          (ii) <<NOTE: Assessment.>>  includes an 
                      assessment of whether existing practices for 
                      managing and reviewing project operations could 
                      result in greater efficiencies that would enable 
                      the Corps of Engineers to better prepare for, 
                      contain, and respond to flood, storm, and drought 
                      conditions; and
                          (iii) <<NOTE: Recommenda- tions.>>  includes 
                      recommendations for improving the review of 
                      project operations to improve the efficiency and 
                      effectiveness of such operations and to better 
                      achieve authorized purposes while enhancing 
                      overall project benefits.
            (4) Interagency and cooperative agreements.--The Secretary 
        may enter into interagency agreements with other Federal 
        agencies and cooperative agreements with non-Federal entities to 
        carry out this subsection and reviews of project operations or 
        activities resulting from those reviews.
            (5) Funding.--
                    (A) In general.--The Secretary may use to carry out 
                this subsection, including any reviews of project 
                operations identified in the plan developed under 
                paragraph (2)(B)(ii)(I)(dd), amounts made available to 
                the Secretary.
                    (B) Funding from other sources.--The Secretary may 
                accept and expend amounts from non-Federal entities and 
                other Federal agencies to carry out this subsection and 
                reviews of project operations or activities resulting 
                from those reviews.
            (6) Effect of subsection.--
                    (A) In general.--Nothing in this subsection changes 
                the authorized purpose of any Corps of Engineers dam or 
                reservoir.
                    (B) Administration.--The Secretary may carry out any 
                recommendations and activities under this subsection 
                pursuant to existing law.

[[Page 128 STAT. 1254]]

    (b) <<NOTE: 43 USC 390b-1.>>  Improving Planning and Administration 
of Water Supply Storage.--
            (1) <<NOTE: Notification.>>  In general.--For each water 
        supply feature of a reservoir managed by the Secretary, the 
        Secretary shall notify the applicable non-Federal interests 
        before each fiscal year of the anticipated operation and 
        maintenance activities for that fiscal year and each of the 
        subsequent 4 fiscal years (including the cost of those 
        activities) for which the non-Federal interests are required to 
        contribute amounts.
            (2) Clarification.--The information provided to a non-
        Federal interest under paragraph (1) shall--
                    (A) be an estimate which the non-Federal interest 
                may use for planning purposes; and
                    (B) not be construed as or relied upon by the non-
                Federal interest as the actual amounts that the non-
                Federal interest will be required to contribute.

    (c) Surplus Water Storage.--
            (1) In general.--The Secretary shall not charge a fee for 
        surplus water under a contract entered into pursuant to section 
        6 of the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (33 U.S.C. 708) if the contract is for 
        surplus water stored in the Upper Missouri Mainstem Reservoirs.
            (2) Offset.--
                    (A) <<NOTE: Recission.>>  In general.--Subject to 
                subparagraph (B), of any amounts made available to the 
                Secretary to carry out activities under the heading 
                ``operation and maintenance'' under the heading ``Corps 
                of Engineers-Civil'' that remain unobligated as of the 
                date of enactment of this Act, $5,000,000 is rescinded.
                    (B) Restriction.--No amounts that have been 
                designated by Congress as being for emergency 
                requirements pursuant to section 251(b)(2)(A)(i) of the 
                Balanced Budget and Emergency Deficit Control Act of 
                1985 (2 U.S.C. 901(b)(2)(A)(i)) shall be rescinded under 
                subparagraph (A).
            (3) <<NOTE: Expiration date.>>  Limitation.--The limitation 
        provided under paragraph (1) shall expire on the date that is 10 
        years after the date of enactment of this Act.
            (4) Applicability.--Nothing in this subsection--
                    (A) affects the authority of the Secretary under 
                section 2695 of title 10, United States Code, to accept 
                funds or to cover the administrative expenses relating 
                to certain real property transactions; or
                    (B) affects the application of section 6 of the Act 
                of December 22, 1944 (commonly known as the ``Flood 
                Control Act of 1944'') (33 U.S.C. 708) to surplus water 
                stored outside of the Upper Missouri Mainstem 
                Reservoirs.

    (d) Future Water Supply.--Section 301 of the Water Supply Act of 
1958 (43 U.S.C. 390b) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:

    ``(c) Release of Future Water Storage.--
            ``(1) Establishment of 10-year plans for the utilization of 
        future storage.--
                    ``(A) <<NOTE: Time period.>>  In general.--For the 
                period beginning 180 days after the date of enactment of 
                this paragraph and ending

[[Page 128 STAT. 1255]]

                on January 1, 2016, the Secretary may accept from a 
                State or local interest a plan for the utilization of 
                allocated water storage for future use under this Act.
                    ``(B) Contents.--A plan submitted under subparagraph 
                (A) shall include--
                          ``(i) a 10-year timetable for the conversion 
                      of future use storage to present use; and
                          ``(ii) a schedule of actions that the State or 
                      local interest agrees to carry out over a 10-year 
                      period, in cooperation with the Secretary, to seek 
                      new and alternative users of future water storage 
                      that is contracted to the State or local interest 
                      on the date of enactment of this paragraph.
            ``(2) Future water storage.--For water resource development 
        projects managed by the Secretary, a State or local interest 
        that the Secretary determines has complied with paragraph (1) 
        may request from the Secretary a release to the United States of 
        any right of the State or local interest to future water storage 
        under this Act that was allocated for future use water supply 
        prior to November 17, 1986.
            ``(3) Administration.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 180 days after receiving a request under paragraph 
                (2), the Secretary shall provide to the applicable State 
                or local interest a written decision on whether the 
                Secretary recommends releasing future water storage 
                rights.
                    ``(B) Recommendation.--If the Secretary recommends 
                releasing future water storage rights, the Secretary 
                shall include that recommendation in the annual plan 
                submitted under section 7001 of the Water Resources 
                Reform and Development Act of 2014.
            ``(4) Savings clause.--Nothing in this subsection authorizes 
        the Secretary to release a State or local interest from a 
        contractual obligation unless specifically authorized by 
        Congress.''.
SEC. 1047. <<NOTE: 33 USC 2328a.>>  SPECIAL USE PERMITS.

    (a) Special Use Permits.--
            (1) In general.--The Secretary may issue special permits for 
        uses such as group activities, recreation events, motorized 
        recreation vehicles, and such other specialized recreation uses 
        as the Secretary determines to be appropriate, subject to such 
        terms and conditions as the Secretary determines to be in the 
        best interest of the Federal Government.
            (2) Fees.--
                    (A) In general.--In carrying out this subsection, 
                the Secretary may--
                          (i) establish and collect fees associated with 
                      the issuance of the permits described in paragraph 
                      (1); or
                          (ii) accept in-kind services in lieu of those 
                      fees.
                    (B) Outdoor recreation equipment.--The Secretary may 
                establish and collect fees for the provision of outdoor 
                recreation equipment and services for activities 
                described in paragraph (1) at public recreation areas 
                located at lakes and reservoirs operated by the Corps of 
                Engineers.

[[Page 128 STAT. 1256]]

                    (C) Use of fees.--Any fees generated pursuant to 
                this subsection shall be--
                          (i) retained at the site collected; and
                          (ii) available for use, without further 
                      appropriation, solely for administering the 
                      special permits under this subsection and carrying 
                      out related operation and maintenance activities 
                      at the site at which the fees are collected.

    (b) Cooperative Management.--
            (1) Program.--
                    (A) <<NOTE: Contracts.>>  In general.--Subject to 
                subparagraph (B), the Secretary may enter into an 
                agreement with a State or local government to provide 
                for the cooperative management of a public recreation 
                area if--
                          (i) the public recreation area is located--
                                    (I) at a lake or reservoir operated 
                                by the Corps of Engineers; and
                                    (II) adjacent to or near a State or 
                                local park or recreation area; and
                          (ii) <<NOTE: Determination.>>  the Secretary 
                      determines that cooperative management between the 
                      Corps of Engineers and a State or local government 
                      agency of a portion of the Corps of Engineers 
                      recreation area or State or local park or 
                      recreation area will allow for more effective and 
                      efficient management of those areas.
                    (B) Restriction.--The Secretary may not transfer 
                administration responsibilities for any public 
                recreation area operated by the Corps of Engineers.
            (2) Acquisition of goods and services.--The Secretary may 
        acquire from or provide to a State or local government with 
        which the Secretary has entered into a cooperative agreement 
        under paragraph (1) goods and services to be used by the 
        Secretary and the State or local government in the cooperative 
        management of the areas covered by the agreement.
            (3) Administration.--The Secretary may enter into 1 or more 
        cooperative management agreements or such other arrangements as 
        the Secretary determines to be appropriate, including leases or 
        licenses, with non-Federal interests to share the costs of 
        operation, maintenance, and management of recreation facilities 
        and natural resources at recreation areas that are jointly 
        managed and funded under this subsection.

    (c) Use of Funds.--
            (1) <<NOTE: Determination.>>  In general.--If the Secretary 
        determines that it is in the public interest for purposes of 
        enhancing recreation opportunities at Corps of Engineers water 
        resources development projects, the Secretary may use funds made 
        available to the Secretary to support activities carried out by 
        State, local, and tribal governments and such other public or 
        private nonprofit entities as the Secretary determines to be 
        appropriate.
            (2) Cooperative agreements.--Any use of funds pursuant to 
        this subsection shall be carried out through the execution of a 
        cooperative agreement, which shall contain such terms and 
        conditions as the Secretary determines to be necessary in the 
        public interest.

    (d) Services of Volunteers.--Chapter IV of title I of Public Law 98-
63 (33 U.S.C. 569c) is amended in the first sentence by inserting ``, 
including expenses relating to uniforms, transportation,

[[Page 128 STAT. 1257]]

lodging, and the subsistence of those volunteers,'' after ``incidental 
expenses''.
    (e) Training and Educational Activities.--Section 213(a) of the 
Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by 
striking ``at'' and inserting ``about''.
SEC. 1048. <<NOTE: 16 USC 6804 note.>>  AMERICA THE BEAUTIFUL 
                          NATIONAL PARKS AND FEDERAL RECREATIONAL 
                          LANDS PASS PROGRAM.

    The Secretary may participate in the America the Beautiful National 
Parks and Federal Recreational Lands Pass program in the same manner as 
the National Park Service, the Bureau of Land Management, the United 
States Fish and Wildlife Service, the Forest Service, and the Bureau of 
Reclamation, including the provision of free annual passes to active 
duty military personnel and dependents.
SEC. 1049. <<NOTE: 33 USC 1361 note.>>  APPLICABILITY OF SPILL 
                          PREVENTION, CONTROL, AND COUNTERMEASURE 
                          RULE.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Farm.--The term ``farm'' has the meaning given the term 
        in section 112.2 of title 40, Code of Federal Regulations (or 
        successor regulations).
            (3) Gallon.--The term ``gallon'' means a United States 
        gallon.
            (4) Oil.--The term ``oil'' has the meaning given the term in 
        section 112.2 of title 40, Code of Federal Regulations (or 
        successor regulations).
            (5) Oil discharge.--The term ``oil discharge'' has the 
        meaning given the term ``discharge'' in section 112.2 of title 
        40, Code of Federal Regulations (or successor regulations).
            (6) Reportable oil discharge history.--
                    (A) <<NOTE: Time period.>>  In general.--Subject to 
                subparagraph (B), the term ``reportable oil discharge 
                history'' means a single oil discharge, as described in 
                section 112.1(b) of title 40, Code of Federal 
                Regulations (including successor regulations), that 
                exceeds 1,000 gallons or 2 oil discharges, as described 
                in section 112.1(b) of title 40, Code of Federal 
                Regulations (including successor regulations), that each 
                exceed 42 gallons within any 12-month period--
                          (i) in the 3 years prior to the certification 
                      date of the Spill Prevention, Control, and 
                      Countermeasure plan (as described in section 112.3 
                      of title 40, Code of Federal Regulations 
                      (including successor regulations); or
                          (ii) since becoming subject to part 112 of 
                      title 40, Code of Federal Regulations, if the 
                      facility has been in operation for less than 3 
                      years.
                    (B) Exclusions.--The term ``reportable oil discharge 
                history'' does not include an oil discharge, as 
                described in section 112.1(b) of title 40, Code of 
                Federal Regulations (including successor regulations), 
                that is the result of a natural disaster, an act of war, 
                or terrorism.
            (7) Spill prevention, control, and countermeasure rule.--The 
        term ``Spill Prevention, Control, and Countermeasure rule'' 
        means the regulation, including amendments,

[[Page 128 STAT. 1258]]

        promulgated by the Administrator under part 112 of title 40, 
        Code of Federal Regulations (or successor regulations).

    (b) Certification.--In implementing the Spill Prevention, Control, 
and Countermeasure rule with respect to any farm, the Administrator 
shall--
            (1) require certification by a professional engineer for a 
        farm with--
                    (A) an individual tank with an aboveground storage 
                capacity greater than 10,000 gallons;
                    (B) an aggregate aboveground storage capacity 
                greater than or equal to 20,000 gallons; or
                    (C) a reportable oil discharge history; or
            (2) allow certification by the owner or operator of the farm 
        (via self-certification) for a farm with--
                    (A) an aggregate aboveground storage capacity less 
                than 20,000 gallons and greater than the lesser of--
                          (i) 6,000 gallons; and
                          (ii) the adjustment quantity established under 
                      subsection (d)(2); and
                    (B) no reportable oil discharge history; and
            (3) not require compliance with the rule by any farm--
                    (A) with an aggregate aboveground storage capacity 
                greater than 2,500 gallons and less than the lesser of--
                          (i) 6,000 gallons; and
                          (ii) the adjustment quantity established under 
                      subsection (d)(2); and
                    (B) no reportable oil discharge history; and
            (4) not require compliance with the rule by any farm with an 
        aggregate aboveground storage capacity of less than 2,500 
        gallons.

    (c) Calculation of Aggregate Aboveground Storage Capacity.--For 
purposes of subsection (b), the aggregate aboveground storage capacity 
of a farm excludes--
            (1) all containers on separate parcels that have a capacity 
        that is 1,000 gallons or less; and
            (2) all containers holding animal feed ingredients approved 
        for use in livestock feed by the Commissioner of Food and Drugs.

    (d) <<NOTE: Deadlines. Consultation.>>  Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Secretary of Agriculture, shall conduct a study to determine 
        the appropriate exemption under paragraphs (2) and (3) of 
        subsection (b), which shall be not more than 6,000 gallons and 
        not less than 2,500 gallons, based on a significant risk of 
        discharge to water.
            (2) <<NOTE: Regulations.>>  Adjustment.--Not later than 18 
        months after the date on which the study described in paragraph 
        (1) is complete, the Administrator, in consultation with the 
        Secretary of Agriculture, shall promulgate a rule to adjust the 
        exemption levels described in paragraphs (2) and (3) of 
        subsection (b) in accordance with the study.
SEC. 1050. NAMINGS.

    (a) <<NOTE: Tennessee.>>  Donald G. Waldon Lock and Dam.--It is the 
sense of Congress that, at an appropriate time and in accordance with

[[Page 128 STAT. 1259]]

the rules of the Senate and the House of Representatives, to recognize 
the contributions of Donald G. Waldon, whose selfless determination and 
tireless work, while serving as administrator of the Tennessee-Tombigbee 
Waterway for 21 years, contributed greatly to the realization and 
success of the Tennessee-Tombigbee Waterway Development Compact, that 
the lock and dam located at mile 357.5 on the Tennessee-Tombigbee 
Waterway should be known and designated as the ``Donald G. Waldon Lock 
and Dam''.

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

    (c) Jerry F. Costello Lock and Dam.--
            (1) Redesignation.--The lock and dam located in Modoc, 
        Illinois, authorized by the Act of July 3, 1930 (46 Stat. 927), 
        and commonly known as the Kaskaskia Lock and Dam, is 
        redesignated as the ``Jerry F. Costello Lock and Dam''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        lock and dam referred to in section 1 shall be deemed to be a 
        reference to the ``Jerry F. Costello Lock and Dam''.
SEC. 1051. INTERSTATE WATER AGREEMENTS AND COMPACTS.

    (a) Water Supply.--Section 301 of the Water Supply Act of 1958 (43 
U.S.C. 390b) (as amended by section 1046(d)) is amended by adding at the 
end the following:
    ``(f) The Committees of jurisdiction are very concerned about the 
operation of projects in the Apalachicola-Chattahoochee-Flint River 
System and the Alabama-Coosa-Tallapoosa River System, and further, the 
Committees of jurisdiction recognize that this ongoing water resources 
dispute raises serious concerns related to the authority of the 
Secretary of the Army to allocate substantial storage at projects to 
provide local water supply pursuant to the Water Supply Act of 1958 
absent congressional approval. Interstate water disputes of this nature 
are more properly addressed through interstate water agreements that 
take into consideration the concerns of all affected States including 
impacts to other authorized uses of the projects, water supply for 
communities and major cities in the region, water quality, freshwater 
flows to communities, rivers, lakes, estuaries, and bays located 
downstream of projects, agricultural uses, economic development, and 
other appropriate concerns. To that end, the Committees of jurisdiction 
strongly urge the Governors of the affected States to reach agreement on 
an interstate water compact as soon as possible, and we pledge our 
commitment to work with the affected States to ensure prompt 
consideration and approval of any such agreement. Absent such action, 
the Committees of jurisdiction should consider appropriate legislation 
to address these matters including any necessary clarifications to

[[Page 128 STAT. 1260]]

the Water Supply Act of 1958 or other law. This subsection does not 
alter existing rights or obligations under law.''.
    (b) Sense of Congress Regarding Interstate Water Agreements and 
Compacts.--
            (1) Findings.--Congress finds the following:
                    (A) States and local interests have primary 
                responsibility for developing water supplies for 
                domestic, municipal, industrial, and other purposes.
                    (B) The Federal Government cooperates with States 
                and local interests in developing water supplies through 
                the construction, maintenance, and operation of Federal 
                water resources development projects.
                    (C) Interstate water disputes are most properly 
                addressed through interstate water agreements or 
                compacts that take into consideration the concerns of 
                all affected States.
            (2) Sense of congress.--It is the sense of Congress that--
                    (A) Congress and the Secretary should urge States to 
                reach agreement on interstate water agreements and 
                compacts;
                    (B) at the request of the Governor of a State, the 
                Secretary should facilitate and assist in the 
                development of an interstate water agreement or compact;
                    (C) Congress should provide prompt consideration of 
                interstate water agreements and compacts; and
                    (D) the Secretary should adopt policies and 
                implement procedures for the operation of reservoirs of 
                the Corps of Engineers that are consistent with 
                interstate water agreements and compacts.
SEC. 1052. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT 
                          BILLS.

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

                          TITLE II--NAVIGATION

                      Subtitle A--Inland Waterways

SEC. 2001. <<NOTE: 33 USC 2252 note.>>  DEFINITIONS.

    In this title:
            (1) Inland waterways trust fund.--The term ``Inland 
        Waterways Trust Fund'' means the Inland Waterways Trust Fund 
        established by section 9506(a) of the Internal Revenue Code of 
        1986.
            (2) Qualifying project.--The term ``qualifying project'' 
        means any construction or major rehabilitation project for 
        navigation infrastructure of the inland and intracoastal 
        waterways that is--
                    (A) authorized before, on, or after the date of 
                enactment of this Act;

[[Page 128 STAT. 1261]]

                    (B) not completed on the date of enactment of this 
                Act; and
                    (C) funded at least in part from the Inland 
                Waterways Trust Fund.
SEC. 2002. <<NOTE: 33 USC 2252.>>  PROJECT DELIVERY PROCESS 
                          REFORMS.

    (a) Requirements for Qualifying Projects.--With respect to each 
qualifying project, the Secretary shall require--
            (1) for each project manager, that--
                    (A) the project manager have formal project 
                management training and certification; and
                    (B) the project manager be assigned from among 
                personnel certified by the Chief of Engineers; and
            (2) for an applicable cost estimation, that--
                    (A) the Secretary utilize a risk-based cost estimate 
                with a confidence level of at least 80 percent; and
                    (B) the cost estimate be developed--
                          (i) for a qualifying project that requires an 
                      increase in the authorized amount in accordance 
                      with section 902 of the Water Resources 
                      Development Act of 1986 (33 U.S.C. 2280), during 
                      the preparation of a post-authorization change 
                      report or other similar decision document;
                          (ii) for a qualifying project for which the 
                      first construction contract has not been awarded, 
                      prior to the award of the first construction 
                      contract;
                          (iii) for a qualifying project without a 
                      completed feasibility report in accordance with 
                      section 905 of the Water Resources Development Act 
                      of 1986 (33 U.S.C. 2282), prior to the completion 
                      of such a report; and
                          (iv) for a qualifying project with a completed 
                      feasibility report in accordance with section 905 
                      of the Water Resources Development Act of 1986 (33 
                      U.S.C. 2282) that has not yet been authorized, 
                      during design for the qualifying project.

    (b) <<NOTE: Deadline.>>  Additional Project Delivery Process 
Reforms.--Not later than 18 months after the date of enactment of this 
Act, the Secretary shall--
            (1) establish a system to identify and apply on a continuing 
        basis best management practices from prior or ongoing qualifying 
        projects to improve the likelihood of on-time and on-budget 
        completion of qualifying projects;
            (2) <<NOTE: Evaluation.>>  evaluate early contractor 
        involvement acquisition procedures to improve on-time and on-
        budget project delivery performance; and
            (3) implement any additional measures that the Secretary 
        determines will achieve the purposes of this subtitle, 
        including--
                    (A) the implementation of applicable practices and 
                procedures developed pursuant to management by the 
                Secretary of an applicable military construction 
                program;
                    (B) the development and use of a portfolio of 
                standard designs for inland navigation locks, 
                incorporating the use of a center of expertise for the 
                design and review of qualifying projects;

[[Page 128 STAT. 1262]]

                    (C) the use of full-funding contracts or formulation 
                of a revised continuing contracts clause; and
                    (D) <<NOTE: Procedures.>>  the establishment of 
                procedures for recommending new project construction 
                starts using a capital projects business model.

    (c) Pilot Projects.--
            (1) In general.--Subject to paragraph (2), the Secretary may 
        carry out pilot projects to evaluate processes and procedures 
        for the study, design, and construction of qualifying projects.
            (2) Inclusions.--At a minimum, the Secretary shall carry out 
        pilot projects under this subsection to evaluate--
                    (A) early contractor involvement in the development 
                of features and components;
                    (B) an appropriate use of continuing contracts for 
                the construction of features and components; and
                    (C) applicable principles, procedures, and processes 
                used for military construction projects.

    (d) Inland Waterways Users Board.--Section 302 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2251) is amended--
            (1) by striking subsection (b) and inserting the following:

    ``(b) Duties of Users Board.--
            ``(1) <<NOTE: Recommenda- tions.>>  In general.--The Users 
        Board shall meet not less frequently than semiannually to 
        develop and make recommendations to the Secretary and Congress 
        regarding the inland waterways and inland harbors of the United 
        States.
            ``(2) Advice and recommendations.--For commercial navigation 
        features and components of the inland waterways and inland 
        harbors of the United States, the Users Board shall provide--
                    ``(A) prior to the development of the budget 
                proposal of the President for a given fiscal year, 
                advice and recommendations to the Secretary regarding 
                construction and rehabilitation priorities and spending 
                levels;
                    ``(B) advice and recommendations to Congress 
                regarding any feasibility report for a project on the 
                inland waterway system that has been submitted to 
                Congress pursuant to section 7001 of the Water Resources 
                Reform and Development Act of 2014;
                    ``(C) advice and recommendations to Congress 
                regarding an increase in the authorized cost of those 
                features and components;
                    ``(D) <<NOTE: Deadline.>>  not later than 60 days 
                after the date of the submission of the budget proposal 
                of the President to Congress, advice and recommendations 
                to Congress regarding construction and rehabilitation 
                priorities and spending levels; and
                    ``(E) advice and recommendations on the development 
                of a long-term capital investment program in accordance 
                with subsection (d).
            ``(3) <<NOTE: Appointment.>>  Project development teams.--
        The chairperson of the Users Board shall appoint a 
        representative of the Users Board to serve as an advisor to the 
        project development team for a qualifying project or the study 
        or design of a commercial navigation feature or component of the 
        inland waterways and inland harbors of the United States.

[[Page 128 STAT. 1263]]

            ``(4) Independent judgment.--Any advice or recommendation 
        made by the Users Board to the Secretary shall reflect the 
        independent judgment of the Users Board.'';
            (2) by striking subsection (c) and inserting the following:

    ``(c) Duties of Secretary.--The Secretary shall--
            ``(1) communicate not less frequently than once each quarter 
        to the Users Board the status of the study, design, or 
        construction of all commercial navigation features or components 
        of the inland waterways or inland harbors of the United States; 
        and
            ``(2) <<NOTE: Records.>>  submit to the Users Board a 
        courtesy copy of all completed feasibility reports relating to a 
        commercial navigation feature or component of the inland 
        waterways or inland harbors of the United States.

    ``(d) Capital Investment Program.--
            ``(1) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Deadlines.>>  Strategic review and update.--
        Not later than 5 years after the date of enactment of this 
        subsection, and not less frequently than once every 5 years 
        thereafter, the Secretary, in coordination with the Users Board, 
        shall--
                    ``(A) <<NOTE: Public information.>>  submit to 
                Congress and make publicly available a strategic review 
                of the 20-year program in effect under this subsection, 
                which shall identify and explain any changes to the 
                project-specific recommendations contained in the 
                previous 20-year program (including any changes to the 
                prioritization criteria used to develop the updated 
                recommendations); and
                    ``(B) make revisions to the program, as appropriate.

    ``(e) Project Management Plans.--The chairperson of the Users Board 
and the project development team member appointed by the chairperson 
under subsection (b)(3) may sign the project management plan for the 
qualifying project or the study or design of a commercial navigation 
feature or component of the inland waterways and inland harbors of the 
United States.
    ``(f) Administration.--
            ``(1) In general.--The Users Board shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.), other

[[Page 128 STAT. 1264]]

        than section 14, and, with the consent of the appropriate agency 
        head, the Users Board may use the facilities and services of any 
        Federal agency.
            ``(2) Members not considered special government employees.--
        For the purposes of complying with the Federal Advisory 
        Committee Act (5 U.S.C. App.), the members of the Users Board 
        shall not be considered special Government employees (as defined 
        in section 202 of title 18, United States Code).
            ``(3) Travel expenses.--Non-Federal members of the Users 
        Board while engaged in the performance of their duties away from 
        their homes or regular places of business, may be allowed travel 
        expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code.''.
SEC. 2003. <<NOTE: Taxes.>>  EFFICIENCY OF REVENUE COLLECTION.

     <<NOTE: Deadline. Reports.>> Not later than 2 years after the date 
of enactment of this Act, the Comptroller General of the United States 
shall prepare a report on the efficiency of collecting the fuel tax for 
the Inland Waterways Trust Fund, which shall include--
            (1) <<NOTE: Evaluation.>>  an evaluation of whether current 
        methods of collection of the fuel tax result in full compliance 
        with requirements of the law;
            (2) whether alternative methods of collection would result 
        in increased revenues into the Inland Waterways Trust Fund; and
            (3) an evaluation of alternative collection options.
SEC. 2004. <<NOTE: Taxes.>>  INLAND WATERWAYS REVENUE STUDIES.

    (a) Inland Waterways Construction Bonds Study.--
            (1) Study.--The Secretary, in coordination with the heads of 
        appropriate Federal agencies, shall conduct a study on the 
        potential benefits and implications of authorizing the issuance 
        of federally tax-exempt bonds secured against the available 
        proceeds, including projected annual receipts, in the Inland 
        Waterways Trust Fund established by section 9506(a) of the 
        Internal Revenue Code of 1986.
            (2) Contents.--In carrying out the study, the Secretary 
        shall examine the implications of issuing such bonds, including 
        the potential revenues that could be generated and the projected 
        net cost to the Treasury, including loss of potential revenue.
            (3) Consultation.--In carrying out the study, the Secretary, 
        at a minimum, shall consult with--
                    (A) representatives of the Inland Waterway Users 
                Board established by section 302 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2251);
                    (B) representatives of the commodities and bulk 
                cargos that are currently shipped for commercial 
                purposes on the segments of the inland and intracoastal 
                waterways listed in section 206 of the Inland Waterways 
                Revenue Act of 1978 (33 U.S.C. 1804);
                    (C) representatives of other users of locks and dams 
                on the inland and intracoastal waterways, including 
                persons owning, operating, using, or otherwise 
                benefitting from--
                          (i) hydropower generation facilities;
                          (ii) electric utilities that rely on the 
                      waterways for cooling of existing electricity 
                      generation facilities;

[[Page 128 STAT. 1265]]

                          (iii) municipal and industrial water supply;
                          (iv) recreation;
                          (v) irrigation water supply; or
                          (vi) flood damage reduction; and
                    (D) other stakeholders associated with the inland 
                and intracoastal waterways, as identified by the 
                Secretary.
            (4) Report to congress.--
                    (A) <<NOTE: Public information.>>  In general.--Not 
                later than 1 year after the date of enactment of this 
                Act, the Secretary shall submit to the Committee on 
                Environment and Public Works, the Committee on Finance, 
                and the Committee on the Budget of the Senate and the 
                Committee on Transportation and Infrastructure, the 
                Committee on Ways and Means, and the Committee on the 
                Budget of the House of Representatives, and make 
                publicly available, a report on the results of the 
                study.
                    (B) Identification of issues.--As part of the 
                report, the Secretary shall identify any potential 
                benefits or other implications of the issuance of bonds 
                described in subsection (a)(1), including any potential 
                changes in Federal or State law that may be necessary to 
                provide such benefits or to address such implications.

    (b) Potential Revenue Sources for Inland and Intracoastal Waterways 
Infrastructure.--
            (1) <<NOTE: Study. Reports.>>  In general.--The Secretary 
        shall conduct a study and submit to Congress a report on 
        potential revenue sources from which funds could be collected to 
        generate additional revenues for the Inland Waterways Trust Fund 
        established by section 9506(a) of the Internal Revenue Code of 
        1986.
            (2) Scope of study.--
                    (A) In general.--In carrying out the study, the 
                Secretary shall evaluate an array of potential revenue 
                sources from which funds could be collected in amounts 
                that, when combined with funds generated by section 4042 
                of the Internal Revenue Code of 1986, are sufficient to 
                support one-half of annual construction expenditure 
                levels of $380,000,000 for the authorized purposes of 
                the Inland Waterways Trust Fund.
                    (B) Potential revenue sources for study.--In 
                carrying out the study, the Secretary, at a minimum, 
                shall--
                          (i) <<NOTE: Evaluation.>>  evaluate potential 
                      revenue sources identified in and documented by 
                      known authorities of the Inland Waterways System; 
                      and
                          (ii) <<NOTE: Review.>>  review appropriate 
                      reports and associated literature related to 
                      revenue sources.
            (3) Conduct of study.--In carrying out the study, the 
        Secretary shall--
                    (A) take into consideration whether the potential 
                revenues from other sources--
                          (i) are equitably associated with the 
                      construction, operation, and maintenance of inland 
                      and intracoastal waterway infrastructure, 
                      including locks, dams, and navigation channels; 
                      and
                          (ii) can be efficiently collected;
                    (B) consult with, at a minimum--
                          (i) representatives of the Inland Waterways 
                      Users Board; and

[[Page 128 STAT. 1266]]

                          (ii) representatives of other nonnavigation 
                      beneficiaries of inland and intracoastal waterway 
                      infrastructure, including persons benefitting 
                      from--
                                    (I) municipal water supply;
                                    (II) hydropower;
                                    (III) recreation;
                                    (IV) industrial water supply;
                                    (V) flood damage reduction;
                                    (VI) agricultural water supply;
                                    (VII) environmental restoration;
                                    (VIII) local and regional economic 
                                development; or
                                    (IX) local real estate interests; 
                                and
                          (iii) representatives of other interests, as 
                      identified by the Secretary; and
                    (C) <<NOTE: Public information.>>  provide the 
                opportunity for public hearings in each of the 
                geographic regions that contain segments of the inland 
                and intracoastal waterways listed in section 206 of the 
                Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
            (4) <<NOTE: Public information.>>  Report to congress.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary shall submit to the Committee on Environment and 
        Public Works, the Committee on Finance, and the Committee on the 
        Budget of the Senate and the Committee on Transportation and 
        Infrastructure, the Committee on Ways and Means, and the 
        Committee on the Budget of the House of Representatives, and 
        make publicly available, a report on the results of the study.
SEC. 2005. <<NOTE: Review. Evaluation.>>  INLAND WATERWAYS 
                          STAKEHOLDER ROUNDTABLE.

    (a) In General.--The Secretary shall conduct an inland waterways 
stakeholder roundtable to provide for a review and evaluation of issues 
related to financial management of the inland and intracoastal 
waterways.
    (b) Selection of Participants.--
            (1) <<NOTE: Deadline. Consultation. Selection.>>  In 
        general.--Not later than 45 days after the date on which the 
        Secretary submits to Congress the report required by section 
        2004(b), the Secretary, in consultation with the Inland 
        Waterways Users Board, shall select individuals to be invited to 
        participate in the stakeholder roundtable.
            (2) Composition.--The individuals selected under paragraph 
        (1) shall include--
                    (A) representatives of the primary users, shippers, 
                and suppliers utilizing the inland and intracoastal 
                waterways for commercial purposes;
                    (B) representatives of State and Federal agencies 
                having a direct and substantial interest in the 
                commercial use of the inland and intracoastal waterways;
                    (C) representatives of other nonnavigation 
                beneficiaries of the inland and intracoastal waterways 
                infrastructure, including individuals benefitting from--
                          (i) municipal water supply;
                          (ii) hydropower;
                          (iii) recreation;
                          (iv) industrial water supply;
                          (v) flood damage reduction;
                          (vi) agricultural water supply;

[[Page 128 STAT. 1267]]

                          (vii) environmental restoration;
                          (viii) local and regional economic 
                      development; or
                          (ix) local real estate interests; and
                    (D) other interested individuals with significant 
                financial and engineering expertise and direct knowledge 
                of the inland and coastal waterways.

    (c) Framework and Agenda.--The Secretary shall work with a group of 
the individuals selected under subsection (b) to develop the framework 
and agenda for the stakeholder roundtable.
    (d) Conduct of Stakeholder Roundtable.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 120 
        days after the date on which the Secretary submits to Congress 
        the report required by section 2004(b), the Secretary shall 
        conduct the stakeholder roundtable.
            (2) Issues to be discussed.--The stakeholder roundtable 
        shall provide for the review and evaluation described in 
        subsection (a) and shall include the following:
                    (A) An evaluation of any recommendations that have 
                been developed to address funding options for the inland 
                and coastal waterways, including any recommendations in 
                the report required under section 2004(b).
                    (B) An evaluation of the funding status of the 
                inland and coastal waterways.
                    (C) Identification and evaluation of the ongoing and 
                projected water infrastructure needs of the inland and 
                coastal waterways.
                    (D) Identification of a process for meeting such 
                needs, with timeline for addressing the funding 
                challenges for the Inland Waterways Trust Fund.

    (e) <<NOTE: Public information.>>  Report to Congress.--Not later 
than 180 days after the date on which the Secretary submits to Congress 
the report required by section 2004(b), the Secretary shall submit to 
Congress and make publicly available a report that contains--
            (1) a summary of the stakeholder roundtable, including areas 
        of concurrence on funding approaches and areas of disagreement 
        in meeting funding needs; and
            (2) <<NOTE: Recommenda- tions.>>  recommendations developed 
        by the Secretary for next steps to address the issues discussed 
        at the stakeholder roundtable.
SEC. 2006. PRESERVING THE INLAND WATERWAY TRUST FUND.

    (a) Olmsted Project Reform.--
            (1) Definition of olmsted project.--In this subsection, the 
        term ``Olmsted Project'' means the project for navigation, Lower 
        Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky, 
        authorized by section 3(a)(6) of the Water Resources Development 
        Act of 1988 (102 Stat. 4013).
            (2) <<NOTE: Effective date.>>  Olmsted project reform.--
        Notwithstanding section 3(a)(6) of the Water Resources 
        Development Act of 1988 (102 Stat. 4013), for each fiscal year 
        beginning after September 30, 2014, 15 percent of the cost of 
        construction for the Olmsted Project shall be paid from amounts 
        appropriated from the Inland Waterways Trust Fund.
            (3) Sense of congress.--It is the sense of Congress that the 
        appropriation for the Olmsted Project should be not less than 
        $150,000,000 for each fiscal year until construction of the 
        project is completed.

[[Page 128 STAT. 1268]]

            (4) Rehabilitation of projects.--Section 205(1)(E)(ii) of 
        the Water Resources Development Act of 1992 (33 U.S.C. 
        2327(1)(E)(ii)) is amended by striking ``$8,000,000'' and 
        inserting ``$20,000,000''.
SEC. 2007. INLAND WATERWAYS OVERSIGHT.

    (a) <<NOTE: Public information.>>  Report.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report regarding the 
lessons learned from the experience of planning and constructing the 
Olmsted Project and how such lessons might apply to future inland 
waterway studies and projects.

    (b) <<NOTE: Plan. 33 USC 2253.>>  Annual Financial Review.--For any 
inland waterways project that the Secretary carries out that has an 
estimated total cost of $500,000,000 or more, the Secretary shall submit 
to the congressional committees referred to in subsection (a) an annual 
financial plan for the project. The plan shall be based on detailed 
annual estimates of the cost to complete the remaining elements of the 
project and on reasonable assumptions, as determined by the Secretary, 
of any future increases of the cost to complete the project.

    (c) Government Accountability Office Report.--As soon as practicable 
after the date of enactment of this Act, the Comptroller General of the 
United States shall conduct, and submit to Congress a report describing 
the results of, a study to determine why, and to what extent, the 
project for navigation, Lower Ohio River, Locks and Dams 52 and 53, 
Illinois and Kentucky (commonly known as the ``Olmsted Locks and Dam 
project''), authorized by section 3(a)(6) of the Water Resources 
Development Act of 1988 (102 Stat. 4013), has exceeded the budget for 
the project and the reasons why the project failed to be completed as 
scheduled, including an assessment of--
            (1) engineering methods used for the project;
            (2) the management of the project;
            (3) contracting for the project;
            (4) the cost to the United States of benefits foregone due 
        to project delays; and
            (5) such other contributory factors as the Comptroller 
        General determines to be appropriate.
SEC. 2008. <<NOTE: 33 USC 2254.>>  ASSESSMENT OF OPERATION AND 
                          MAINTENANCE NEEDS OF THE ATLANTIC 
                          INTRACOASTAL WATERWAY AND THE GULF 
                          INTRACOASTAL WATERWAY.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 90 days after 
the date of enactment of this Act, the Secretary shall assess the 
operation and maintenance needs of the Atlantic Intracoastal Waterway 
and the Gulf Intracoastal Waterway.

    (b) Types of Activities.--In carrying out subsection (a), the 
Secretary shall assess the operation and maintenance needs of the 
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as 
used for the following purposes:
            (1) Commercial navigation.
            (2) Commercial fishing.

[[Page 128 STAT. 1269]]

            (3) Subsistence, including utilization by Indian tribes (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b)) for subsistence and 
        ceremonial purposes.
            (4) Use as ingress and egress to harbors of refuge.
            (5) Transportation of persons.
            (6) Purposes relating to domestic energy production, 
        including fabrication, servicing, and supply of domestic 
        offshore energy production facilities.
            (7) Activities of the Secretary of the department in which 
        the Coast Guard is operating.
            (8) Public health and safety related equipment for 
        responding to coastal and inland emergencies.
            (9) Recreation purposes.
            (10) Any other authorized purpose.

    (c) <<NOTE: Public information.>>  Report to Congress.--For fiscal 
year 2015, and biennially thereafter, in conjunction with the annual 
budget submission by the President to Congress under section 1105(a) of 
title 31, United States Code, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report that, with respect 
to the Atlantic Intracoastal Waterway and the Gulf Intracoastal 
Waterway--
            (1) identifies the operation and maintenance costs required 
        to achieve the authorized length, width, and depth;
            (2) identifies the amount of funding requested in the 
        President's budget for operation and maintenance costs; and
            (3) identifies the unmet operation and maintenance needs of 
        the Atlantic Intracoastal Waterway and the Gulf Intracoastal 
        Waterway.
SEC. 2009. <<NOTE: 33 USC 2255.>>  INLAND WATERWAYS RIVERBANK 
                          STABILIZATION.

    (a) <<NOTE: Deadlines. Study.>>  In General.--Not later than 1 year 
after the date of enactment of this Act, and biennially thereafter, the 
Secretary shall conduct a study to determine the feasibility of--
            (1) carrying out projects for the inland and intracoastal 
        waterways for purposes of--
                    (A) flood damage reduction;
                    (B) emergency streambank and shoreline protection; 
                and
                    (C) prevention and mitigation of shore damages 
                attributable to navigation improvements; and
            (2) modifying projects for the inland and intracoastal 
        waterways for the purpose of improving the quality of the 
        environment.

    (b) Recommendations.--In conducting the study, the Secretary shall 
develop specific project recommendations and prioritize those 
recommendations based on--
            (1) the extent of damage and land loss resulting from 
        riverbank erosion;
            (2) the rate of erosion;
            (3) the significant threat of future flood risk to public 
        property, public infrastructure, or public safety;
            (4) the destruction of natural resources or habitats; and
            (5) the potential cost savings for maintenance of the 
        channel.

[[Page 128 STAT. 1270]]

    (c) Disposition.--The Secretary may carry out any project identified 
in the study conducted pursuant to subsection (a) in accordance with the 
criteria for projects carried out under one of the following 
authorities:
            (1) Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
        701r).
            (2) Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
        701s).
            (3) Section 111 of the River and Harbor Act of 1968 (33 
        U.S.C. 426i).
            (4) Section 1135 of the Water Resources Development Act of 
        1986 (33 U.S.C. 2309a).

    (d) Annual Report.--For a project recommended pursuant to the study 
that cannot be carried out under any of the authorities specified in 
subsection (c), upon a determination by the Secretary of the feasibility 
of the project, the Secretary may include a recommendation concerning 
the project in the annual report submitted to Congress under section 
7001.
SEC. 2010. <<NOTE: Minnesota.>>  UPPER MISSISSIPPI RIVER 
                          PROTECTION.

    (a) Definition of Upper St. Anthony Falls Lock and Dam.--In this 
section, the term ``Upper St. Anthony Falls Lock and Dam'' means the 
lock and dam located on Mississippi River Mile 853.9 in Minneapolis, 
Minnesota.
    (b) <<NOTE: Deadline.>>  Mandatory Closure.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall close the 
Upper St. Anthony Falls Lock and Dam.

    (c) Emergency Operations.--Nothing in this section prevents the 
Secretary from carrying out emergency lock operations necessary to 
mitigate flood damage.
SEC. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT.

    Section 1117 of the Water Resources Development Act of 1986 (100 
Stat. 4236) is amended to read as follows:
``SEC. 1117. <<NOTE: Oklahoma.>>  W.D. MAYO LOCK AND DAM.

    ``(a) In General.--The Cherokee Nation of Oklahoma may--
            ``(1) design and construct one or more hydroelectric 
        generating facilities at the W.D. Mayo Lock and Dam on the 
        Arkansas River, Oklahoma; and
            ``(2) market the electricity generated from any such 
        facility.

    ``(b) Preconstruction Requirements.--
            ``(1) Permits.--Before the date on which construction of a 
        hydroelectric generating facility begins under subsection (a), 
        the Cherokee Nation shall obtain any permit required under 
        Federal or State law, except that the Cherokee Nation shall be 
        exempt from licensing requirements that may otherwise apply to 
        construction, operation, or maintenance of the facility under 
        the Federal Power Act (16 U.S.C. 791a et seq.).
            ``(2) Review of plans and specifications.--The Cherokee 
        Nation may initiate the design or construction of a 
        hydroelectric generating facility under subsection (a) only 
        after the Secretary reviews and approves the plans and 
        specifications for the design and construction.

    ``(c) Payment of Design and Construction Costs.--
            ``(1) In general.--The Secretary may accept funds offered by 
        the Cherokee Nation and use such funds to carry out the

[[Page 128 STAT. 1271]]

        design and construction of a hydroelectric generating facility 
        under subsection (a).
            ``(2) Allocation of costs.--The Cherokee Nation shall--
                    ``(A) bear all costs associated with the design and 
                construction of a hydroelectric generating facility 
                under subsection (a); and
                    ``(B) provide any funds necessary for the design and 
                construction to the Secretary prior to the Secretary 
                initiating any activities related to the design and 
                construction.

    ``(d) Assumption of Liability.--The Cherokee Nation shall--
            ``(1) hold all title to a hydroelectric generating facility 
        constructed under subsection (a) and may, subject to the 
        approval of the Secretary, assign such title to a third party;
            ``(2) be solely responsible for--
                    ``(A) the operation, maintenance, repair, 
                replacement, and rehabilitation of the facility; and
                    ``(B) the marketing of the electricity generated by 
                the facility; and
            ``(3) release and indemnify the United States from any 
        claims, causes of action, or liabilities that may arise out of 
        any activity undertaken to carry out this section.

    ``(e) Assistance Available.--The Secretary may provide technical and 
construction management assistance requested by the Cherokee Nation 
relating to the design and construction of a hydroelectric generating 
facility under subsection (a).
    ``(f) Third Party Agreements.--The Cherokee Nation may enter into 
agreements with the Secretary or a third party that the Cherokee Nation 
or the Secretary determines are necessary to carry out this section.''.
SEC. 2012. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

    Section 2 of the Freedom to Fish Act (127 Stat. 449) is amended--
            (1) in subsection (b)(1) by striking ``2 years after the 
        date of enactment of this Act'' and inserting ``4 years after 
        the date of enactment of the Water Resources Reform and 
        Development Act of 2014'';
            (2) in the heading of subsection (c) by inserting ``or 
        Modified'' after ``New''; and
            (3) in subsection (c)--
                    (A) in matter preceding paragraph (1) by inserting 
                ``new or modified'' after ``establishes any''; and
                    (B) in paragraph (3) by striking ``2 years after the 
                date of enactment of this Act'' and inserting ``4 years 
                after the date of enactment of the Water Resources 
                Reform and Development Act of 2014''.
SEC. 2013. OPERATION AND MAINTENANCE OF FUEL TAXED INLAND 
                          WATERWAYS.

    Section 102 of the Water Resources Development Act of 1986 (33 
U.S.C. 2212) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:

    ``(c) Floodgates on the Inland Waterways.--
            ``(1) Operation and maintenance carried out by the 
        secretary.--Notwithstanding any other provision of law, the 
        Secretary shall be responsible for the operation and 
        maintenance, including repair, of any flood gate, as well as any

[[Page 128 STAT. 1272]]

        pumping station constructed within the channel as a single unit 
        with that flood gate, that--
                    ``(A) was constructed as of the date of enactment of 
                the Water Resources Reform and Development Act of 2014 
                as a feature of an authorized hurricane and storm damage 
                reduction project; and
                    ``(B) crosses an inland or intracoastal waterway 
                described in section 206 of the Inland Waterways Revenue 
                Act of 1978 (33 U.S.C. 1804).
            ``(2) Non-federal cost share.--The non-Federal share of the 
        cost of operation, maintenance, repair, rehabilitation, and 
        replacement of any structure under this subsection shall be 35 
        percent.''.

                 Subtitle B--Port and Harbor Maintenance

SEC. 2101. <<NOTE: 33 USC 2238b.>>  FUNDING FOR HARBOR MAINTENANCE 
                          PROGRAMS.

    (a) Definitions.--In this section:
            (1) Total amount of harbor maintenance taxes received.--The 
        term ``total amount of harbor maintenance taxes received'' 
        means, with respect to a fiscal year, the aggregate of amounts 
        appropriated, transferred, or credited to the Harbor Maintenance 
        Trust Fund under section 9505(a) of the Internal Revenue Code of 
        1986 for that fiscal year as set forth in the current year 
        estimate provided in the President's budget request for the 
        subsequent fiscal year, submitted pursuant to section 1105 of 
        title 31, United States Code.
            (2) Total budget resources.--The term ``total budget 
        resources'' means the total amount made available by 
        appropriations Acts from the Harbor Maintenance Trust Fund for a 
        fiscal year for making expenditures under section 9505(c) of the 
        Internal Revenue Code of 1986.

    (b) Target Appropriations.--
            (1) In general.--The target total budget resources made 
        available to the Secretary from the Harbor Maintenance Trust 
        Fund for a fiscal year shall be not less than the following:
                    (A) For fiscal year 2015, 67 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2014.
                    (B) For fiscal year 2016, 69 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2015.
                    (C) For fiscal year 2017, 71 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2016.
                    (D) For fiscal year 2018, 74 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2017.
                    (E) For fiscal year 2019, 77 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2018.
                    (F) For fiscal year 2020, 80 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2019.
                    (G) For fiscal year 2021, 83 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2020.
                    (H) For fiscal year 2022, 87 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2021.
                    (I) For fiscal year 2023, 91 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2022.
                    (J) For fiscal year 2024, 95 percent of the total 
                amount of harbor maintenance taxes received in fiscal 
                year 2023.

[[Page 128 STAT. 1273]]

                    (K) For fiscal year 2025, and each fiscal year 
                thereafter, 100 percent of the total amount of harbor 
                maintenance taxes received in the previous fiscal year.
            (2) Use of amounts.--The total budget resources described in 
        paragraph (1) may be used only for making expenditures under 
        section 9505(c) of the Internal Revenue Code of 1986.

    (c) Impact on Other Funds.--
            (1) Sense of congress.--It is the sense of Congress that any 
        increase in funding for harbor maintenance programs under this 
        section shall result from an overall increase in appropriations 
        for the civil works program of the Corps of Engineers and not 
        from reductions in the appropriations for other programs, 
        projects, and activities carried out by the Corps of Engineers 
        for other authorized purposes.
            (2) Application.--The target total budget resources for a 
        fiscal year specified in subsection (b)(1) shall only apply in a 
        fiscal year for which the level of appropriations provided for 
        the civil works program of the Corps of Engineers in that fiscal 
        year is increased, as compared to the previous fiscal year, by a 
        dollar amount that is at least equivalent to the dollar amount 
        necessary to address such target total budget resources in that 
        fiscal year.
SEC. 2102. OPERATION AND MAINTENANCE OF HARBOR PROJECTS.

    (a) In General.--Section 210 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:
    ``(c) Operation and Maintenance of Harbor Projects.--
            ``(1) <<NOTE: Expenditures.>>  In general.--To the maximum 
        extent practicable, the Secretary shall make expenditures to pay 
        for operation and maintenance costs of the harbors and inland 
        harbors referred to in subsection (a)(2), including expenditures 
        of funds appropriated from the Harbor Maintenance Trust Fund, 
        based on an equitable allocation of funds among all such harbors 
        and inland harbors.
            ``(2) Criteria.--
                    ``(A) In general.--In determining an equitable 
                allocation of funds under paragraph (1), the Secretary 
                shall--
                          ``(i) consider the information obtained in the 
                      assessment conducted under subsection (e);
                          ``(ii) consider the national and regional 
                      significance of harbor operations and maintenance; 
                      and
                          ``(iii) as appropriate, consider national 
                      security and military readiness needs.
                    ``(B) Limitation.--The Secretary shall not allocate 
                funds under paragraph (1) based solely on the tonnage 
                transiting through a harbor.
            ``(3) Emerging harbor projects.--Notwithstanding any other 
        provision of this subsection, in making expenditures under 
        paragraph (1) for each of fiscal years 2015 through 2022, the 
        Secretary shall allocate for operation and maintenance costs of 
        emerging harbor projects an amount that is not less than 10 
        percent of the funds made available under this section for 
        fiscal year 2012 to pay the costs described in subsection 
        (a)(2).
            ``(4) Management of great lakes navigation system.--To 
        sustain effective and efficient operation and maintenance

[[Page 128 STAT. 1274]]

        of the Great Lakes Navigation System, including any navigation 
        feature in the Great Lakes that is a Federal responsibility with 
        respect to operation and maintenance, the Secretary shall manage 
        all of the individually authorized projects in the Great Lakes 
        Navigation System as components of a single, comprehensive 
        system, recognizing the interdependence of the projects.

    ``(d) Prioritization.--
            ``(1) Priority.--
                    ``(A) In general.--For each of fiscal years 2015 
                through 2024, if priority funds are available, the 
                Secretary shall use the priority funds as follows:
                          ``(i) 90 percent of the priority funds shall 
                      be used for high- and moderate-use harbor 
                      projects.
                          ``(ii) 10 percent of the priority funds shall 
                      be used for emerging harbor projects.
                    ``(B) Additional considerations.--For each of fiscal 
                years 2015 through 2024, of the priority funds 
                available, the Secretary shall use--
                          ``(i) not less than 5 percent of such funds 
                      for underserved harbor projects; and
                          ``(ii) not less than 10 percent of such funds 
                      for projects that are located within the Great 
                      Lakes Navigation System.
                    ``(C) Underserved harbors.--In determining which 
                underserved harbor projects shall receive funds under 
                this paragraph, the Secretary shall consider--
                          ``(i) the total quantity of commerce supported 
                      by the water body on which the project is located; 
                      and
                          ``(ii) the minimum width and depth that--
                                    ``(I) would be necessary at the 
                                underserved harbor project to provide 
                                sufficient clearance for fully loaded 
                                commercial vessels using the underserved 
                                harbor project to maneuver safely; and
                                    ``(II) does not exceed the 
                                constructed width and depth of the 
                                authorized navigation project.
            ``(2) Expanded uses.--
                    ``(A) Definition of eligible harbor or inland harbor 
                defined.--In this paragraph, the term `eligible harbor 
                or inland harbor' means a harbor or inland harbor at 
                which the total amount of harbor maintenance taxes 
                collected in the immediately preceding 3 fiscal years 
                exceeds the value of the work carried out for the harbor 
                or inland harbor using amounts from the Harbor 
                Maintenance Trust Fund during those 3 fiscal years.
                    ``(B) Use of expanded uses funds.--
                          ``(i) Fiscal years 2015 through 2024.--For 
                      each of fiscal years 2015 through 2024, of the 
                      priority funds available, the Secretary shall use 
                      not less than 10 percent of such funds for 
                      expanded uses carried out at an eligible harbor or 
                      inland harbor.
                          ``(ii) Subsequent fiscal years.--For fiscal 
                      year 2025 and each fiscal year thereafter, the 
                      Secretary shall use not less than 10 percent of 
                      the priority funds available for expanded uses 
                      carried out at an eligible harbor or inland 
                      harbor.

[[Page 128 STAT. 1275]]

                    ``(C) Prioritization.--In allocating funds under 
                this paragraph, the Secretary shall give priority to 
                projects at eligible harbors or inland harbors for which 
                the difference, calculated in dollars, is greatest 
                between--
                          ``(i) the total amount of funding made 
                      available for projects at that eligible harbor or 
                      inland harbor from the Harbor Maintenance Trust 
                      Fund in the immediately preceding 3 fiscal years; 
                      and
                          ``(ii) the total amount of harbor maintenance 
                      taxes collected at that harbor or inland harbor in 
                      the immediately preceding 3 fiscal years.
            ``(3) Remaining funds.--
                    ``(A) In general.--For each of fiscal years 2015 
                through 2024, if after fully funding all projects 
                eligible for funding under paragraphs (1)(B) and 
                (2)(B)(i), priority funds made available under those 
                paragraphs remain unobligated, the Secretary shall use 
                those remaining funds to pay for operation and 
                maintenance costs of any harbor or inland harbor 
                referred to in subsection (a)(2) based on an equitable 
                allocation of those funds among the harbors and inland 
                harbors.
                    ``(B) Criteria.--In determining an equitable 
                allocation of funds under subparagraph (A), the 
                Secretary shall--
                          ``(i) use the criteria specified in subsection 
                      (c)(2)(A); and
                          ``(ii) make amounts available in accordance 
                      with the requirements of paragraph (1)(A).
            ``(4) Emergency expenditures.--Nothing in this subsection 
        prohibits the Secretary from making an expenditure to pay for 
        the operation and maintenance costs of a specific harbor or 
        inland harbor, including the transfer of funding from the 
        operation and maintenance of a separate project, if--
                    ``(A) <<NOTE: Determination.>>  the Secretary 
                determines that the action is necessary to address the 
                navigation needs of a harbor or inland harbor where safe 
                navigation has been severely restricted due to an 
                unforeseen event; and
                    ``(B) <<NOTE: Deadline. Notification.>>  the 
                Secretary provides within 90 days of the action notice 
                and information on the need for the action to the 
                Committee on Environment and Public Works and the 
                Committee on Appropriations of the Senate and the 
                Committee on Transportation and Infrastructure and the 
                Committee on Appropriations of the House of 
                Representatives.

    ``(e) Assessment of Harbors and Inland Harbors.--
            ``(1) <<NOTE: Deadlines.>>  In general.--Not later than 270 
        days after the date of enactment of this subsection, and 
        biennially thereafter, the Secretary shall assess the operation 
        and maintenance needs and uses of the harbors and inland harbors 
        referred to in subsection (a)(2).
            ``(2) Assessment of harbor needs and activities.--
                    ``(A) Total operation and maintenance needs of 
                harbors.--In carrying out paragraph (1), the Secretary 
                shall identify--
                          ``(i) the total future costs required to 
                      achieve and maintain the constructed width and 
                      depth for the harbors and inland harbors referred 
                      to in subsection (a)(2); and

[[Page 128 STAT. 1276]]

                          ``(ii) the total expected costs for expanded 
                      uses at eligible harbors or inland harbors 
                      referred to in subsection (d)(2).
                    ``(B) Uses of harbors and inland harbors.--In 
                carrying out paragraph (1), the Secretary shall identify 
                current uses (and, to the extent practicable, assess the 
                national, regional, and local benefits of such uses) of 
                harbors and inland harbors referred to in subsection 
                (a)(2), including the use of those harbors for--
                          ``(i) commercial navigation, including the 
                      movement of goods;
                          ``(ii) domestic trade;
                          ``(iii) international trade;
                          ``(iv) commercial fishing;
                          ``(v) subsistence, including use by Indian 
                      tribes (as defined in section 4 of the Indian 
                      Self-Determination and Education Assistance Act 
                      (25 U.S.C. 450b)) for subsistence and ceremonial 
                      purposes;
                          ``(vi) use as a harbor of refuge;
                          ``(vii) transportation of persons;
                          ``(viii) purposes relating to domestic energy 
                      production, including the fabrication, servicing, 
                      or supply of domestic offshore energy production 
                      facilities;
                          ``(ix) activities of the Secretary of the 
                      department in which the Coast Guard is operating;
                          ``(x) activities of the Secretary of the Navy;
                          ``(xi) public health and safety related 
                      equipment for responding to coastal and inland 
                      emergencies;
                          ``(xii) recreation purposes; and
                          ``(xiii) other authorized purposes.
            ``(3) Report to congress.--
                    ``(A) In general.--For fiscal year 2016, and 
                biennially thereafter, in conjunction with the 
                President's annual budget submission to Congress under 
                section 1105(a) of title 31, United States Code, the 
                Secretary shall submit to the Committee on Environment 
                and Public Works and the Committee on Appropriations of 
                the Senate and the Committee on Transportation and 
                Infrastructure and the Committee on Appropriations of 
                the House of Representatives a report that, with respect 
                to harbors and inland harbors referred to in subsection 
                (a)(2)--
                          ``(i) identifies the operation and maintenance 
                      costs associated with the harbors and inland 
                      harbors, including those costs required to achieve 
                      and maintain the constructed width and depth for 
                      the harbors and inland harbors and the costs for 
                      expanded uses at eligible harbors and inland 
                      harbors, on a project-by-project basis;
                          ``(ii) identifies the amount of funding 
                      requested in the President's budget for the 
                      operation and maintenance costs associated with 
                      the harbors and inland harbors, on a project-by-
                      project basis;
                          ``(iii) identifies the unmet operation and 
                      maintenance needs associated with the harbors and 
                      inland harbors, on a project-by-project basis; and

[[Page 128 STAT. 1277]]

                          ``(iv) identifies the harbors and inland 
                      harbors for which the President will allocate 
                      funding over the subsequent 5 fiscal years for 
                      operation and maintenance activities, on a 
                      project-by-project basis, including the amounts to 
                      be allocated for such purposes.
                    ``(B) Public availability.--The Secretary shall make 
                the report submitted under subparagraph (A) available to 
                the public, including on the Internet.

    ``(f) Definitions.--In this section:
            ``(1) Constructed width and depth.--The term `constructed 
        width and depth' means the width and depth to which a project 
        has been constructed, which may not exceed the authorized width 
        and depth of the project.
            ``(2) Emerging harbor project.--The term `emerging harbor 
        project' means a project that is assigned to a harbor or inland 
        harbor referred to in subsection (a)(2) that transits less than 
        1,000,000 tons of cargo annually.
            ``(3) Expanded uses.--The term `expanded uses' means the 
        following activities:
                    ``(A) The maintenance dredging of a berth in a 
                harbor that is accessible to a Federal navigation 
                project and that benefits commercial navigation at the 
                harbor.
                    ``(B) The maintenance dredging and disposal of 
                legacy-contaminated sediment, and sediment unsuitable 
                for open water disposal, if--
                          ``(i) such dredging and disposal benefits 
                      commercial navigation at the harbor; and
                          ``(ii) such sediment is located in and affects 
                      the maintenance of a Federal navigation project or 
                      is located in a berth that is accessible to a 
                      Federal navigation project.
            ``(4) Great lakes navigation system.--The term `Great Lakes 
        Navigation System' includes--
                    ``(A)(i) Lake Superior;
                    ``(ii) Lake Huron;
                    ``(iii) Lake Michigan;
                    ``(iv) Lake Erie; and
                    ``(v) Lake Ontario;
                    ``(B) all connecting waters between the lakes 
                referred to in subparagraph (A) used for commercial 
                navigation;
                    ``(C) any navigation features in the lakes referred 
                to in subparagraph (A) or waters described in 
                subparagraph (B) that are a Federal operation or 
                maintenance responsibility; and
                    ``(D) areas of the Saint Lawrence River that are 
                operated or maintained by the Federal Government for 
                commercial navigation.
            ``(5) Harbor maintenance tax.--The term `harbor maintenance 
        tax' means the amounts collected under section 4461 of the 
        Internal Revenue Code of 1986.
            ``(6) High-use harbor project.--The term `high-use harbor 
        project' means a project that is assigned to a harbor or inland 
        harbor referred to in subsection (a)(2) that transits not less 
        than 10,000,000 tons of cargo annually.
            ``(7) Moderate-use harbor project.--The term `moderate-use 
        harbor project' means a project that is assigned to a harbor

[[Page 128 STAT. 1278]]

        or inland harbor referred to in subsection (a)(2) that transits 
        annually--
                    ``(A) more than 1,000,000 tons of cargo; but
                    ``(B) less than 10,000,000 tons of cargo.
            ``(8) Priority funds.--The term `priority funds' means the 
        difference between--
                    ``(A) the total funds that are made available under 
                this section to pay the costs described in subsection 
                (a)(2) for a fiscal year; and
                    ``(B) the total funds made available under this 
                section to pay the costs described in subsection (a)(2) 
                in fiscal year 2012.
            ``(9) Underserved harbor project.--
                    ``(A) In general.--The term `underserved harbor 
                project' means a project that is assigned to a harbor or 
                inland harbor referred to in subsection (a)(2)--
                          ``(i) that is a moderate-use harbor project or 
                      an emerging harbor project;
                          ``(ii) that has been maintained at less than 
                      the constructed width and depth of the project 
                      during each of the preceding 6 fiscal years; and
                          ``(iii) for which State and local investments 
                      in infrastructure have been made at those projects 
                      during the preceding 6 fiscal years.
                    ``(B) Administration.--For purposes of this 
                paragraph, State and local investments in infrastructure 
                shall include infrastructure investments made using 
                amounts made available for activities under section 
                105(a)(9) of the Housing and Community Development Act 
                of 1974 (42 U.S.C. 5305(a)(9)).''.

    (b) Operation and Maintenance.--Section 101(b)(1) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) is amended by 
striking ``45 feet'' and inserting ``50 feet''.
    (c) Conforming Amendment.--Section 9505(c)(1) of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 9505.>>  is amended by striking 
``(as in effect on the date of the enactment of the Water Resources 
Development Act of 1996)''.
SEC. 2103. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE.

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

[[Page 128 STAT. 1279]]

SEC. 2104. REMOTE AND SUBSISTENCE HARBORS.

    Section 2006 of the Water Resources Development Act of 2007 (33 
U.S.C. 2242) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B) by inserting ``or Alaska'' 
                after ``Hawaii''; and
                    (B) in paragraph (2)--
                          (i) by striking ``community'' and inserting 
                      ``region''; and
                          (ii) by inserting ``, as determined by the 
                      Secretary, including consideration of information 
                      provided by the non-Federal interest'' after 
                      ``improvement''; and
            (2) by adding at the end the following:

    ``(c) Prioritization.--Projects recommended by the Secretary under 
subsection (a) shall be given equivalent budget consideration and 
priority as projects recommended solely by national economic development 
benefits.
    ``(d) Disposition.--
            ``(1) In general.--The Secretary may carry out any project 
        identified in the study carried out pursuant to subsection (a) 
        in accordance with the criteria for projects carried out under 
        the authority of the Secretary under section 107 of the River 
        and Harbor Act of 1960 (33 U.S.C. 577).
            ``(2) Non-federal interests.--In evaluating and implementing 
        a project under this section, the Secretary shall allow a non-
        Federal interest to participate in the financing of a project in 
        accordance with the criteria established for flood control 
        projects under section 903(c) of the Water Resources Development 
        Act of 1986 (Public Law 99-662; 100 Stat. 4184).

    ``(e) Annual Report.--For a project that cannot be carried out under 
the authority specified in subsection (d), on a determination by the 
Secretary of the feasibility of the project under subsection (a), the 
Secretary may include a recommendation concerning the project in the 
annual report submitted to Congress under section 7001.''.
SEC. 2105. <<NOTE: 33 USC 2243.>>  ARCTIC DEEP DRAFT PORT 
                          DEVELOPMENT PARTNERSHIPS.

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

    (d) Prioritization.--The Secretary shall prioritize technical 
assistance provided under this section for Arctic deep draft ports

[[Page 128 STAT. 1280]]

identified by the Secretary, the Secretary of Homeland Security, and the 
Secretary of Defense as important for Arctic development and security.
SEC. 2106. <<NOTE: 33 USC 2238c.>>  ADDITIONAL MEASURES AT DONOR 
                          PORTS AND ENERGY TRANSFER PORTS.

    (a) Definitions.--In this section:
            (1) Cargo container.--The term ``cargo container'' means a 
        cargo container that is 1 Twenty-foot Equivalent Unit.
            (2) Donor port.--The term ``donor port'' means a port--
                    (A) that is subject to the harbor maintenance fee 
                under section 24.24 of title 19, Code of Federal 
                Regulations (or a successor regulation);
                    (B) at which the total amount of harbor maintenance 
                taxes collected comprise not less than $15,000,000 
                annually of the total funding of the Harbor Maintenance 
                Trust Fund established under section 9505 of the 
                Internal Revenue Code of 1986;
                    (C) that received less than 25 percent of the total 
                amount of harbor maintenance taxes collected at that 
                port in the previous 5 fiscal years; and
                    (D) that is located in a State in which more than 
                2,000,000 cargo containers were unloaded from or loaded 
                on to vessels in fiscal year 2012.
            (3) Energy commodity.--The term ``energy commodity'' 
        includes--
                    (A) petroleum products;
                    (B) natural gas;
                    (C) coal;
                    (D) wind and solar energy components; and
                    (E) biofuels.
            (4) Energy transfer port.--The term ``energy transfer port'' 
        means a port--
                    (A) that is subject to the harbor maintenance fee 
                under section 24.24 of title 19, Code of Federal 
                Regulation (or any successor regulation); and
                    (B)(i) at which energy commodities comprised greater 
                than 25 percent of all commercial activity by tonnage in 
                fiscal year 2012; and
                    (ii) through which more than 40,000,000 tons of 
                cargo were transported in fiscal year 2012.
            (5) Expanded uses.--The term ``expanded uses'' has the 
        meaning given the term in section 210(f) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2238(f)).
            (6) Harbor maintenance tax.--The term ``harbor maintenance 
        tax'' has the meaning given the term in section 210(f) of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2238(f)).

    (b) Authority.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary may provide to donor ports and 
        energy transfer ports amounts in accordance with this section.
            (2) Limitations.--Amounts provided under this section--
                    (A) for energy transfer ports shall be divided 
                equally among all States with an energy transfer port; 
                and
                    (B) shall be made available to a port as either a 
                donor port or an energy transfer port and no port may 
                receive

[[Page 128 STAT. 1281]]

                amounts as both a donor port and an energy transfer 
                port.

    (c) Use of Funds.--Amounts provided under this section may be used 
by a donor port or an energy transfer port--
            (1) to provide payments to importers entering cargo or 
        shippers transporting cargo through that port, as calculated by 
        U.S. Customs and Border Protection according to the amount of 
        harbor maintenance taxes collected;
            (2) for expanded uses; or
            (3) for environmental remediation related to dredging berths 
        and Federal navigation channels.

    (d) Administration of Payments.--If a donor port or an energy 
transfer port elects to provide payments to importers or shippers under 
subsection (c), the Secretary shall transfer the amount that would 
otherwise be provided to the port under this section that is equal to 
those payments to the Commissioner of U.S. Customs and Border Protection 
to provide the payments to the importers or shippers.
    (e) <<NOTE: Assessment.>>  Report to Congress.--
            (1) <<NOTE: Public information.>>  In general.--Not later 
        than 18 months after the date of enactment of this section, the 
        Secretary shall assess the impact of the authority provided by 
        this section and submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives and make 
        publicly available a report on the results of that assessment, 
        including any recommendations for amending or reauthorizing the 
        authority.
            (2) Factors.--In carrying out the assessment under paragraph 
        (1), the Secretary shall assess--
                    (A) the impact of the amounts provided and used 
                under this section on those ports that received funds 
                under this section; and
                    (B) any impact on domestic harbors and ports that 
                did not receive funds under this section.

    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $50,000,000 for each of fiscal years 2015 
        through 2018.
            (2) Division between donor ports and energy transfer 
        ports.--For each fiscal year, amounts made available to carry 
        out this section shall be provided in equal amounts to donor 
        ports and energy transfer ports.
            (3) Additional appropriations.--If the target total budget 
        resources under subparagraphs (A) through (D) of section 
        2101(b)(1) are met for each of fiscal years 2015 through 2018, 
        there is authorized to be appropriated to carry out this section 
        $50,000,000 for each of fiscal years 2019 through 2022.
SEC. 2107. <<NOTE: 33 USC 2211a.>>  PRESERVING UNITED STATES 
                          HARBORS.

    (a) <<NOTE: Review. Reports.>>  In General.--Upon a request from a 
non-Federal interest, the Secretary shall review a report developed by 
the non-Federal interest that provides an economic justification for 
Federal investment in the operation and maintenance of a federally 
authorized harbor or inland harbor (referred to in this section as a 
``federally authorized harbor'').

    (b) Justification of Investment.--A report submitted under 
subsection (a) may provide for an economic justification of Federal

[[Page 128 STAT. 1282]]

investment in the operation and maintenance of a federally authorized 
harbor based on--
            (1) the projected economic benefits, including 
        transportation savings and job creation; and
            (2) other factors, including navigation safety, national 
        security, and sustainability of subsistence harbors.

    (c) <<NOTE: Deadline. Assessment.>>  Written Response.--Not later 
than 180 days after the date on which the Secretary receives a report 
under subsection (a), the Secretary shall provide to the non-Federal 
interest a written response to the report, including an assessment of 
the information provided by the non-Federal interest.

    (d) Prioritization.--As the Secretary determines to be appropriate, 
the Secretary may use the information provided in the report under 
subsection (a) to justify additional operation and maintenance funding 
for a federally authorized harbor in accordance with section 101(b) of 
the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)).
    (e) Limitation on Statutory Construction.--Nothing in this section 
may be construed to preclude the operation and maintenance of a 
federally authorized harbor under section 101(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211(b)).

  TITLE III--SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS

                         Subtitle A--Dam Safety

SEC. 3001. DAM SAFETY.

    (a) Administrator.--
            (1) In general.--The National Dam Safety Program Act (33 
        U.S.C. 467 et seq.) is amended by striking ``Director'' each 
        place it appears and inserting ``Administrator''.
            (2) Conforming amendment.--Section 2 of the National Dam 
        Safety Program Act (33 U.S.C. 467) is amended--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively; and
                    (C) by inserting before paragraph (2) (as 
                redesignated by subparagraph (B)) the following:
            ``(1) <<NOTE: Definition.>>  Administrator.--The term 
        `Administrator' means the Administrator of the Federal Emergency 
        Management Agency.''.

    (b) Inspection of Dams.--Section 3(b)(1) of the National Dam Safety 
Program Act (33 U.S.C. 467a(b)(1)) is amended by striking ``or 
maintenance'' and inserting ``maintenance, condition, or provisions for 
emergency operations''.
    (c) National Dam Safety Program.--
            (1) Objectives.--Section 8(c) of the National Dam Safety 
        Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph 
        (4) and inserting the following:
            ``(4) develop and implement a comprehensive dam safety 
        hazard education and public awareness initiative to assist the 
        public in preparing for, mitigating, responding to, and 
        recovering from dam incidents;''.

[[Page 128 STAT. 1283]]

            (2) Board.--Section 8(f)(4) of the National Dam Safety 
        Program Act (33 U.S.C. 467f(f)(4)) is amended by inserting ``, 
        representatives from nongovernmental organizations,'' after 
        ``State agencies''.

    (d) Public Awareness and Outreach for Dam Safety.--The National Dam 
Safety Program Act (33 U.S.C. 467 et seq.) is amended--
            (1) by redesignating sections 11, 12, and 13 <<NOTE: 33 
        USC 467h-467j.>>  as sections 12, 13, and 14, respectively; and
            (2) by inserting after section 10 (33 U.S.C. 467g-1) the 
        following:
``SEC. 11. <<NOTE: 33 USC 467g-2.>>  PUBLIC AWARENESS AND OUTREACH 
                      FOR DAM SAFETY.

    ``The <<NOTE: Consultation.>>  Administrator, in consultation with 
other Federal agencies, State and local governments, dam owners, the 
emergency management community, the private sector, nongovernmental 
organizations and associations, institutions of higher education, and 
any other appropriate entities shall, subject to the availability of 
appropriations, carry out a nationwide public awareness and outreach 
initiative to assist the public in preparing for, mitigating, responding 
to, and recovering from dam incidents.''.

    (e) Authorization of Appropriations.--
            (1) National dam safety program.--
                    (A) Annual amounts.--Section 14(a)(1) of the 
                National Dam Safety Program Act (33 U.S.C. 467j(a)(1)) 
                (as so redesignated) is amended by striking 
                ``$6,500,000'' and all that follows through ``2011'' and 
                inserting ``$9,200,000 for each of fiscal years 2015 
                through 2019''.
                    (B) Maximum amount of allocation.--Section 
                14(a)(2)(B) of the National Dam Safety Program Act (33 
                U.S.C. 467j(a)(2)(B)) (as so redesignated) is amended--
                          (i) by striking ``The amount'' and inserting 
                      the following:
                          ``(i) In general.--The amount''; and
                          (ii) by adding at the end the following:
                          ``(ii) Fiscal year 2015 and subsequent fiscal 
                      years.--For fiscal year 2015 and each subsequent 
                      fiscal year, the amount of funds allocated to a 
                      State under this paragraph may not exceed the 
                      amount of funds committed by the State to 
                      implement dam safety activities.''.
            (2) National dam inventory.--Section 14(b) of the National 
        Dam Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) 
        is amended by striking ``$650,000'' and all that follows through 
        ``2011'' and inserting ``$500,000 for each of fiscal years 2015 
        through 2019''.
            (3) Public awareness.--Section 14 of the National Dam Safety 
        Program Act (33 U.S.C. 467j) (as so redesignated) is amended--
                    (A) by redesignating subsections (c) through (f) as 
                subsections (d) through (g), respectively; and
                    (B) by inserting after subsection (b) the following:

    ``(c) Public Awareness.--There is authorized to be appropriated to 
carry out section 11 $1,000,000 for each of fiscal years 2015 through 
2019.''.
            (4) Research.--Section 14(d) of the National Dam Safety 
        Program Act (as so redesignated) is amended by striking

[[Page 128 STAT. 1284]]

        ``$1,600,000'' and all that follows through ``2011'' and 
        inserting ``$1,450,000 for each of fiscal years 2015 through 
        2019''.
            (5) Dam safety training.--Section 14(e) of the National Dam 
        Safety Program Act (as so redesignated) is amended by striking 
        ``$550,000'' and all that follows through ``2011'' and inserting 
        ``$750,000 for each of fiscal years 2015 through 2019''.
            (6) Staff.--Section 14(f) of the National Dam Safety Program 
        Act (as so redesignated) is amended by striking ``$700,000'' and 
        all that follows through ``2011'' and inserting ``$1,000,000 for 
        each of fiscal years 2015 through 2019''.

    (f) Technical Amendment.--Section 14(a)(1) of the National Dam 
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) is 
amended by striking ``sections 7, 8, and 11'' and inserting ``sections 
7, 8, and 12''.

                        Subtitle B--Levee Safety

SEC. 3011. <<NOTE: 33 USC 701n note.>>  SYSTEMWIDE IMPROVEMENT 
                          FRAMEWORK.

    A levee system shall remain eligible for rehabilitation assistance 
under the authority provided by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n) as long as the levee system sponsor continues to make 
satisfactory progress, as determined by the Secretary, on an approved 
systemwide improvement framework or letter of intent.
SEC. 3012. <<NOTE: 33 USC 701b-16.>>  MANAGEMENT OF FLOOD RISK 
                          REDUCTION PROJECTS.

    (a) <<NOTE: Determination.>>  In General.--If 2 or more flood 
control projects are located within the same geographic area, the 
Secretary shall, at the request of the non-Federal interests for the 
affected projects, consider those projects as a single program for 
budgetary or project management purposes, if the Secretary determines 
that doing so would not be incompatible with the authorized project 
purposes.

    (b) Cost Share.--
            (1) In general.--If any work on a project to which 
        subsection (a) applies is required solely because of impacts to 
        that project from a navigation project, the cost of carrying out 
        that work shall be shared in accordance with the cost-sharing 
        requirements for the navigation project.
            (2) Use of amounts.--Work described in paragraph (1) may be 
        carried out using amounts made available under subsection (a).
SEC. 3013. <<NOTE: 33 USC 701n note.>>  VEGETATION MANAGEMENT 
                          POLICY.

    (a) Definition of Guidelines.--In this section, the term 
``guidelines'' means the Corps of Engineers policy guidelines for 
management of vegetation on levees, including--
            (1) Engineering Technical Letter 1110-2-571 entitled 
        ``Guidelines for Landscape Planting and Vegetation Management at 
        Levees, Floodwalls, Embankment Dams, and Appurtenant 
        Structures'' and adopted April 10, 2009; and
            (2) the draft policy guidance letter entitled ``Process for 
        Requesting a Variance from Vegetation Standards for Levees and 
        Floodwalls'' (77 Fed. Reg. 9637 (Feb. 17, 2012)).

    (b) Review.--The Secretary shall carry out a comprehensive review of 
the guidelines in order to determine whether current Federal policy 
relating to levee vegetation is appropriate for all regions of the 
United States.

[[Page 128 STAT. 1285]]

    (c) Factors.--
            (1) In general.--In carrying out the review, the Secretary 
        shall consider--
                    (A) the varied interests and responsibilities in 
                managing flood risks, including the need--
                          (i) to provide the greatest benefits for 
                      public safety with limited resources; and
                          (ii) to ensure that levee safety investments 
                      minimize environmental impacts and provide 
                      corresponding public safety benefits;
                    (B) the levee safety benefits that can be provided 
                by woody vegetation;
                    (C) the preservation, protection, and enhancement of 
                natural resources, including--
                          (i) the benefit of vegetation on levees in 
                      providing habitat for species of concern, 
                      including endangered, threatened, and candidate 
                      species; and
                          (ii) the impact of removing levee vegetation 
                      on compliance with other regulatory requirements;
                    (D) protecting the rights of Indian tribes pursuant 
                to treaties and statutes;
                    (E) determining how vegetation impacts the 
                performance of a levee or levee system during a storm or 
                flood event;
                    (F) the available science and the historical record 
                regarding the link between vegetation on levees and 
                flood risk;
                    (G) the avoidance of actions requiring significant 
                economic costs and environmental impacts; and
                    (H) other factors relating to the factors described 
                in subparagraphs (A) through (F) identified in public 
                comments that the Secretary determines to be 
                appropriate.
            (2) Variance considerations.--
                    (A) In general.--In carrying out the review, the 
                Secretary shall specifically consider factors that 
                promote and allow for consideration of variances from 
                guidelines on a Statewide, tribal, regional, or 
                watershed basis, including variances based on--
                          (i) regional or watershed soil conditions;
                          (ii) hydrologic factors;
                          (iii) vegetation patterns and characteristics;
                          (iv) environmental resources, including 
                      endangered, threatened, or candidate species and 
                      related regulatory requirements;
                          (v) levee performance history, including 
                      historical information on original construction 
                      and subsequent operation and maintenance 
                      activities;
                          (vi) any effects on water supply;
                          (vii) any scientific evidence on the link 
                      between levee vegetation and levee safety;
                          (viii) institutional considerations, including 
                      implementation challenges and conflicts with or 
                      violations of Federal or State environmental laws;
                          (ix) the availability of limited funds for 
                      levee construction and rehabilitation;
                          (x) the economic and environmental costs of 
                      removing woody vegetation on levees; and

[[Page 128 STAT. 1286]]

                          (xi) other relevant factors identified in 
                      public comments that the Secretary determines to 
                      be appropriate.
                    (B) Scope.--The scope of a variance approved by the 
                Secretary may include a complete exemption to 
                guidelines, if appropriate.

    (d) Cooperation and Consultation; Recommendations.--
            (1) In general.--The Secretary shall carry out the review 
        under this section in consultation with other applicable Federal 
        agencies, representatives of State, regional, local, and tribal 
        governments, appropriate nongovernmental organizations, and the 
        public.
            (2) Recommendations.--
                    (A) Regional integration teams.--Corps of Engineers 
                Regional Integration Teams, representing districts, 
                divisions, and headquarters, in consultation with State 
                and Federal resource agencies, and with participation by 
                local agencies, shall submit to the Secretary any 
                recommendations for vegetation management policies for 
                levees that conform with Federal and State laws and 
                other applicable requirements, including recommendations 
                relating to the review of guidelines under subsection 
                (b) and the consideration of variances under subsection 
                (c)(2).
                    (B) State, tribal, regional, and local entities.--
                The Secretary shall consider and accept recommendations 
                from any State, tribal, regional, or local entity for 
                vegetation management policies for levees that conform 
                with Federal and State laws and other applicable 
                requirements, including recommendations relating to the 
                review of guidelines under subsection (b) and the 
                consideration of variances under subsection (c)(2).

    (e) Independent Consultation.--
            (1) In general.--As part of the review, the Secretary shall 
        solicit and consider the views of independent experts on the 
        engineering, environmental, and institutional considerations 
        underlying the guidelines, including the factors described in 
        subsection (c) and any information obtained by the Secretary 
        under subsection (d).
            (2) <<NOTE: Public information.>>  Availability of views.--
        The views of the independent experts obtained under paragraph 
        (1) shall be--
                    (A) made available to the public; and
                    (B) included in supporting materials issued in 
                connection with the revised guidelines required under 
                subsection (f).

    (f) Revision of Guidelines.--
            (1) <<NOTE: Deadline. Public information.>>  In general.--
        Not later than 18 months after the date of enactment of this 
        Act, the Secretary shall--
                    (A) revise the guidelines based on the results of 
                the review, including--
                          (i) recommendations received as part of the 
                      consultation described in subsection (d)(1); and
                          (ii) the views received under subsection (e);
                    (B) provide the public not less than 30 days to 
                review and comment on draft guidelines before issuing 
                final guidelines; and
                    (C) <<NOTE: Reports.>>  submit to Congress and make 
                publicly available a report that contains a summary of 
                the activities of the

[[Page 128 STAT. 1287]]

                Secretary and a description of the findings of the 
                Secretary under this section.
            (2) Content; incorporation into manual.--The revised 
        guidelines shall--
                    (A) provide a practical, flexible process for 
                approving Statewide, tribal, regional, or watershed 
                variances from the guidelines that--
                          (i) reflect due consideration of the factors 
                      described in subsection (c); and
                          (ii) incorporate State, tribal, and regional 
                      vegetation management guidelines for specific 
                      areas that--
                                    (I) are consistent with the 
                                guidelines; and
                                    (II) have been adopted through a 
                                formal public process; and
                    (B) be incorporated into the manual proposed under 
                section 5(c) of the Act of August 18, 1941 (33 U.S.C. 
                701n(c)).
            (3) Failure to meet deadlines.--If the Secretary fails to 
        submit a report by the required deadline under this subsection, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a detailed 
        explanation of--
                    (A) why the deadline was missed;
                    (B) solutions needed to meet the deadline; and
                    (C) a projected date for submission of the report.

    (g) Interim Actions.--
            (1) In general.--Until the date on which revisions to the 
        guidelines are adopted in accordance with subsection (f), the 
        Secretary shall not require the removal of existing vegetation 
        as a condition or requirement for any approval or funding of a 
        project, or any other action, unless the specific vegetation has 
        been demonstrated to present an unacceptable safety risk.
            (2) <<NOTE: Effective date.>>  Revisions.--Beginning on the 
        date on which the revisions to the guidelines are adopted in 
        accordance with subsection (f), the Secretary shall reconsider, 
        on request of an affected entity, any previous action of the 
        Corps of Engineers in which the outcome was affected by the 
        former guidelines.
SEC. 3014. <<NOTE: 42 USC 4131.>>  LEVEE CERTIFICATIONS.

    (a) Implementation of Flood Protection Structure Accreditation Task 
Force.--In carrying out section 100226 of Public Law 112-141 (42 U.S.C. 
4101 note; 126 Stat. 942), the Secretary shall--
            (1) ensure that at least 1 program activity carried out 
        under the inspection of completed works program of the Corps of 
        Engineers provides adequate information to the Secretary to 
        reach a levee accreditation decision under section 65.10 of 
        title 44, Code of Federal Regulations (or successor regulation); 
        and
            (2) to the maximum extent practicable, carry out activities 
        under the inspection of completed works program of the Corps of 
        Engineers in alignment with the schedule established for the 
        national flood insurance program established under chapter 1 of 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et 
        seq.).

    (b) Accelerated Levee System Evaluations.--

[[Page 128 STAT. 1288]]

            (1) In general.--On receipt of a request from a non-Federal 
        interest, the Secretary may carry out a levee system evaluation 
        of a federally authorized levee for purposes of the national 
        flood insurance program established under chapter 1 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if 
        the evaluation will be carried out earlier than such an 
        evaluation would be carried out under subsection (a).
            (2) Requirements.--A levee system evaluation under paragraph 
        (1) shall--
                    (A) at a minimum, comply with section 65.10 of title 
                44, Code of Federal Regulations (as in effect on the 
                date of enactment of this Act); and
                    (B) <<NOTE: Consultation.>>  be carried out in 
                accordance with such procedures as the Secretary, in 
                consultation with the Administrator of the Federal 
                Emergency Management Agency, may establish.
            (3) Funding.--
                    (A) In general.--The Secretary may use amounts made 
                available under section 22 of the Water Resources 
                Development Act of 1974 (42 U.S.C. 1962d-16) to carry 
                out this subsection.
                    (B) <<NOTE: Applicability.>>  Cost share.--The 
                Secretary shall apply the cost share under section 22(b) 
                of the Water Resources Development Act of 1974 (42 
                U.S.C. 1962d-16(b)) to any activities carried out under 
                this subsection.
SEC. 3015. PLANNING ASSISTANCE TO STATES.

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

[[Page 128 STAT. 1289]]

SEC. 3016. LEVEE SAFETY.

    (a) Purposes.--Section 9001 of the Water Resources Development Act 
of 2007 (33 U.S.C. 3301 note) is amended--
            (1) in the section heading, by inserting ``; purposes'' 
        after ``title'';
            (2) by striking ``This title'' and inserting the following:

    ``(a) Short Title.--This title''; and
            (3) by adding at the end the following:

    ``(b) Purposes.--The purposes of this title are--
            ``(1) to ensure that human lives and property that are 
        protected by new and existing levees are safe;
            ``(2) to encourage the use of appropriate engineering 
        policies, procedures, and technical practices for levee site 
        investigation, design, construction, operation and maintenance, 
        inspection, assessment, and emergency preparedness;
            ``(3) to develop and support public education and awareness 
        projects to increase public acceptance and support of levee 
        safety programs and provide information;
            ``(4) to build public awareness of the residual risks 
        associated with living in levee protected areas;
            ``(5) to develop technical assistance materials, seminars, 
        and guidelines to improve the security of levees of the United 
        States; and
            ``(6) to encourage the establishment of effective State and 
        tribal levee safety programs.''.

    (b) Definitions.--Section 9002 of the Water Resources Development 
Act of 2007 (33 U.S.C. 3301) is amended--
            (1) by redesignating paragraphs (1), (2), (3), (4), (5), and 
        (6), as paragraphs (3), (6), (7), (14), (15), and (16), 
        respectively;
            (2) by inserting before paragraph (3) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Canal structure.--
                    ``(A) In general.--The term `canal structure' means 
                an embankment, wall, or structure along a canal or 
                manmade watercourse that--
                          ``(i) constrains water flows;
                          ``(ii) is subject to frequent water loading; 
                      and
                          ``(iii) is an integral part of a flood risk 
                      reduction system that protects the leveed area 
                      from flood waters associated with hurricanes, 
                      precipitation events, seasonal high water, and 
                      other weather-related events.
                    ``(B) Exclusion.--The term `canal structure' does 
                not include a barrier across a watercourse.'';
            (3) by inserting after paragraph (3) (as redesignated by 
        paragraph (1)) the following:
            ``(4) Floodplain management.--The term `floodplain 
        management' means the operation of a community program of 
        corrective and preventative measures for reducing flood damage.
            ``(5) Indian tribe.--The term `Indian tribe' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).''; and
            (4) by striking paragraph (7) (as redesignated by paragraph 
        (1)) and inserting the following:
            ``(7) Levee.--

[[Page 128 STAT. 1290]]

                    ``(A) In general.--The term `levee' means a manmade 
                barrier (such as an embankment, floodwall, or other 
                structure)--
                          ``(i) the primary purpose of which is to 
                      provide hurricane, storm, or flood protection 
                      relating to seasonal high water, storm surges, 
                      precipitation, or other weather events; and
                          ``(ii) that is normally subject to water 
                      loading for only a few days or weeks during a 
                      calendar year.
                    ``(B) Inclusions.--The term `levee' includes a levee 
                system, including--
                          ``(i) levees and canal structures that--
                                    ``(I) constrain water flows;
                                    ``(II) are subject to more frequent 
                                water loading; and
                                    ``(III) do not constitute a barrier 
                                across a watercourse; and
                          ``(ii) roadway and railroad embankments, but 
                      only to the extent that the embankments are 
                      integral to the performance of a flood damage 
                      reduction system.
                    ``(C) Exclusions.--The term `levee' does not 
                include--
                          ``(i) a roadway or railroad embankment that is 
                      not integral to the performance of a flood damage 
                      reduction system;
                          ``(ii) a canal constructed completely within 
                      natural ground without any manmade structure (such 
                      as an embankment or retaining wall to retain water 
                      or a case in which water is retained only by 
                      natural ground);
                          ``(iii) a canal regulated by a Federal or 
                      State agency in a manner that ensures that 
                      applicable Federal safety criteria are met;
                          ``(iv) a levee or canal structure--
                                    ``(I) that is not a part of a 
                                Federal flood damage reduction system;
                                    ``(II) that is not recognized under 
                                the National Flood Insurance Program as 
                                providing protection from the 1-percent-
                                annual-chance or greater flood;
                                    ``(III) that is not greater than 3 
                                feet high;
                                    ``(IV) the population in the leveed 
                                area of which is less than 50 
                                individuals; and
                                    ``(V) the leveed area of which is 
                                less than 1,000 acres; or
                          ``(v) any shoreline protection or river bank 
                      protection system (such as revetments or barrier 
                      islands).
            ``(8) Levee feature.--The term `levee feature' means a 
        structure that is critical to the functioning of a levee, 
        including--
                    ``(A) an embankment section;
                    ``(B) a floodwall section;
                    ``(C) a closure structure;
                    ``(D) a pumping station;
                    ``(E) an interior drainage work; and
                    ``(F) a flood damage reduction channel.

[[Page 128 STAT. 1291]]

            ``(9) Levee system.--The term `levee system' means 1 or more 
        levee segments, including all levee features that are 
        interconnected and necessary to ensure protection of the 
        associated leveed areas--
                    ``(A) that collectively provide flood damage 
                reduction to a defined area; and
                    ``(B) the failure of 1 of which may result in the 
                failure of the entire system.
            ``(10) National levee database.--The term `national levee 
        database' means the levee database established under section 
        9004.
            ``(11) Participating program.--The term `participating 
        program' means a levee safety program developed by a State or 
        Indian tribe that includes the minimum components necessary for 
        recognition by the Secretary.
            ``(12) Rehabilitation.--The term `rehabilitation' means the 
        repair, replacement, reconstruction, removal of a levee, or 
        reconfiguration of a levee system, including a setback levee, 
        that is carried out to reduce flood risk or meet national levee 
        safety guidelines.
            ``(13) Risk.--The term `risk' means a measure of the 
        probability and severity of undesirable consequences.''.

    (c) Committee on Levee Safety.--Section 9003 of the Water Resources 
Development Act of 2007 (33 U.S.C. 3302) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraphs (1) and (2) and inserting 
                the following:
            ``(1) Nonvoting members.--The following 2 nonvoting members:
                    ``(A) The Secretary (or a designee of the 
                Secretary).
                    ``(B) The Administrator (or a designee of the 
                Administrator).'';
                    (B) by redesignating paragraph (3) as paragraph (2); 
                and
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (B)) by inserting ``voting'' after ``14'';
            (2) by redesignating subsection (g) as subsection (h); and
            (3) by striking subsections (c) through (f) and inserting 
        the following:

    ``(c) Administration.--
            ``(1) Terms of voting members.--
                    ``(A) In general.--A voting member of the committee 
                shall be appointed for a term of 3 years, except that, 
                of the members first appointed--
                          ``(i) 5 shall be appointed for a term of 1 
                      year;
                          ``(ii) 5 shall be appointed for a term of 2 
                      years; and
                          ``(iii) 4 shall be appointed for a term of 3 
                      years.
                    ``(B) Reappointment.--A voting member of the 
                committee may be reappointed to the committee, as the 
                Secretary determines to be appropriate.
                    ``(C) Vacancies.--A vacancy on the committee shall 
                be filled in the same manner as the original appointment 
                was made.
            ``(2) Chairperson.--

[[Page 128 STAT. 1292]]

                    ``(A) <<NOTE: Appointment.>>  In general.--The 
                voting members of the committee shall appoint a 
                chairperson from among the voting members of the 
                committee.
                    ``(B) Term.--The chairperson shall serve a term of 
                not more than 2 years.

    ``(d) Standing Committees.--
            ``(1) In general.--The committee may establish standing 
        committees comprised of volunteers from all levels of government 
        and the private sector, to advise the committee regarding 
        specific levee safety issues, including participating programs, 
        technical issues, public education and awareness, and safety and 
        the environment.
            ``(2) Membership.--The committee shall recommend to the 
        Secretary for approval individuals for membership on the 
        standing committees.

    ``(e) Duties and Powers.--The committee--
            ``(1) <<NOTE: Reports.>>  shall submit to the Secretary and 
        Congress an annual report regarding the effectiveness of the 
        levee safety initiative in accordance with section 9006; and
            ``(2) may secure from other Federal agencies such services, 
        and enter into such contracts, as the committee determines to be 
        necessary to carry out this subsection.

    ``(f) Task Force Coordination.--The committee shall, to the maximum 
extent practicable, coordinate the activities of the committee with the 
Federal Interagency Floodplain Management Task Force.
    ``(g) Compensation.--
            ``(1) Federal employees.--Each member of the committee who 
        is an officer or employee of the United States--
                    ``(A) shall serve without compensation in addition 
                to compensation received for the services of the member 
                as an officer or employee of the United States; but
                    ``(B) shall be allowed a per diem allowance for 
                travel expenses, at rates authorized for an employee of 
                an agency under subchapter I of chapter 57 of title 5, 
                United States Code, while away from the home or regular 
                place of business of the member in the performance of 
                the duties of the committee.
            ``(2) Non-federal employees.--To the extent amounts are made 
        available to carry out this section in appropriations Acts, the 
        Secretary shall provide to each member of the committee who is 
        not an officer or employee of the United States a stipend and a 
        per diem allowance for travel expenses, at rates authorized for 
        an employee of an agency under subchapter I of chapter 57 of 
        title 5, United States Code, while away from the home or regular 
        place of business of the member in performance of services for 
        the committee.
            ``(3) Standing committee members.--Each member of a standing 
        committee shall serve in a voluntary capacity.''.

    (d) Inventory of Levees.--Section 9004 of the Water Resources 
Development Act of 2007 (33 U.S.C. 3303) is amended--
            (1) in subsection (a)(2)(A) by striking ``and, for non-
        Federal levees, such information on levee location as is 
        provided to the Secretary by State and local governmental 
        agencies'' and inserting ``and updated levee information 
        provided by States, Indian tribes, Federal agencies, and other 
        entities''; and
            (2) by adding at the end the following:

[[Page 128 STAT. 1293]]

    ``(c) Levee Review.--
            ``(1) In general.--The Secretary shall carry out a one-time 
        inventory and review of all levees identified in the national 
        levee database.
            ``(2) No federal interest.--The inventory and inspection 
        under paragraph (1) does not create a Federal interest in the 
        construction, operation, or maintenance of any levee that is 
        included in the inventory or inspected under this subsection.
            ``(3) Review criteria.--In carrying out the inventory and 
        review, the Secretary shall use the levee safety action 
        classification criteria to determine whether a levee should be 
        classified in the inventory as requiring a more comprehensive 
        inspection.
            ``(4) State and tribal participation.--At the request of a 
        State or Indian tribe with respect to any levee subject to 
        review under this subsection, the Secretary shall--
                    ``(A) allow an official of the State or Indian tribe 
                to participate in the review of the levee; and
                    ``(B) provide information to the State or Indian 
                tribe relating to the location, construction, operation, 
                or maintenance of the levee.
            ``(5) <<NOTE: Time period.>>  Exceptions.--In carrying out 
        the inventory and review under this subsection, the Secretary 
        shall not be required to review any levee that has been 
        inspected by a State or Indian tribe using the same methodology 
        described in paragraph (3) during the 1-year period immediately 
        preceding the date of enactment of this subsection if the 
        Governor of the State or chief executive of the tribal 
        government, as applicable, requests an exemption from the 
        review.''.

    (e) Levee Safety Initiative.--
            (1) In general.--Sections 9005 and 9006 of the Water 
        Resources Development Act of 2007 (33 U.S.C. 3304, 3305) are 
        redesignated as sections 9007 and 9008, respectively.
            (2) Levee safety initiative.--Title IX of the Water 
        Resources Development Act of 2007 (33 U.S.C. 3301 et seq.) is 
        amended by inserting after section 9004 the following:
``SEC. 9005. <<NOTE: Consultation. 33 USC 3303a.>> LEVEE SAFETY 
                          INITIATIVE.

    ``(a) Establishment.--The Secretary, in consultation with the 
Administrator, shall carry out a levee safety initiative.
    ``(b) <<NOTE: Appointment.>>  Management.--The Secretary shall 
appoint--
            ``(1) an administrator of the levee safety initiative; and
            ``(2) such staff as are necessary to implement the 
        initiative.

    ``(c) Levee Safety Guidelines.--
            ``(1) <<NOTE: Deadline.>>  Establishment.--Not later than 1 
        year after the date of enactment of this subsection, the 
        Secretary, in consultation with the Administrator and in 
        coordination with State, local, and tribal governments and 
        organizations with expertise in levee safety, shall establish a 
        set of voluntary, comprehensive, national levee safety 
        guidelines that--
                    ``(A) are available for common, uniform use by all 
                Federal, State, tribal, and local agencies;
                    ``(B) incorporate policies, procedures, standards, 
                and criteria for a range of levee types, canal 
                structures, and related facilities and features; and
                    ``(C) provide for adaptation to local, regional, or 
                watershed conditions.

[[Page 128 STAT. 1294]]

            ``(2) Requirement.--The policies, procedures, standards, and 
        criteria under paragraph (1)(B) shall be developed taking into 
        consideration the levee hazard potential classification system 
        established under subsection (d).
            ``(3) Incorporation.--The guidelines shall address, to the 
        maximum extent practicable--
                    ``(A) the activities and practices carried out by 
                State, local, and tribal governments, and the private 
                sector to safely build, regulate, operate, and maintain 
                levees; and
                    ``(B) Federal activities that facilitate State 
                efforts to develop and implement effective State 
                programs for the safety of levees, including levee 
                inspection, levee rehabilitation, locally developed 
                floodplain management, and public education and training 
                programs.
            ``(4) Consideration by federal agencies.--To the maximum 
        extent practicable, all Federal agencies shall consider the 
        levee safety guidelines in carrying out activities relating to 
        the management of levees.
            ``(5) Public comment.--Prior to finalizing the guidelines 
        under this subsection, the Secretary shall--
                    ``(A) issue draft guidelines for public comment, 
                including comment by States, non-Federal interests, and 
                other appropriate stakeholders; and
                    ``(B) consider any comments received in the 
                development of final guidelines.

    ``(d) Hazard Potential Classification System.--
            ``(1) Establishment.--The Secretary shall establish a hazard 
        potential classification system for use under the levee safety 
        initiative and participating programs.
            ``(2) <<NOTE: Review. Deadline.>>  Revision.--The Secretary 
        shall review and, as necessary, revise the hazard potential 
        classification system not less frequently than once every 5 
        years.
            ``(3) Consistency.--The hazard potential classification 
        system established pursuant to this subsection shall be 
        consistent with and incorporated into the levee safety action 
        classification tool developed by the Corps of Engineers.

    ``(e) Technical Assistance and Materials.--
            ``(1) Establishment.--The Secretary, in consultation with 
        the Administrator, shall provide technical assistance and 
        training to promote levee safety and assist States, communities, 
        and levee owners in--
                    ``(A) developing levee safety programs;
                    ``(B) identifying and reducing flood risks 
                associated with levees;
                    ``(C) identifying local actions that may be carried 
                out to reduce flood risks in leveed areas; and
                    ``(D) rehabilitating, improving, replacing, 
                reconfiguring, modifying, and removing levees and levee 
                systems.
            ``(2) Eligibility.--To be eligible to receive technical 
        assistance under this subsection, a State shall--
                    ``(A) be in the process of establishing or have in 
                effect a State levee safety program under which a State 
                levee safety agency, in accordance with State law, 
                carries out the guidelines established under subsection 
                (c)(1); and
                    ``(B) allocate sufficient funds in the budget of 
                that State to carry out that State levee safety program.

[[Page 128 STAT. 1295]]

            ``(3) <<NOTE: Contracts.>>  Work plans.--The Secretary shall 
        enter into an agreement with each State receiving technical 
        assistance under this subsection to develop a work plan 
        necessary for the State levee safety program of that State to 
        reach a level of program performance that meets the guidelines 
        established under subsection (c)(1).

    ``(f) Public Education and Awareness.--
            ``(1) In general.--The Secretary, in coordination with the 
        Administrator, shall carry out public education and awareness 
        efforts relating to the levee safety initiative.
            ``(2) Contents.--In carrying out the efforts under paragraph 
        (1), the Secretary and the Administrator shall--
                    ``(A) educate individuals living in leveed areas 
                regarding the risks of living in those areas; and
                    ``(B) promote consistency in the transmission of 
                information regarding levees among Federal agencies and 
                regarding risk communication at the State and local 
                levels.

    ``(g) State and Tribal Levee Safety Program.--
            ``(1) Guidelines.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 1 year after the date of enactment of this 
                subsection, in consultation with the Administrator, the 
                Secretary shall issue guidelines that establish the 
                minimum components necessary for recognition of a State 
                or tribal levee safety program as a participating 
                program.
                    ``(B) <<NOTE: Procedures.>>  Guideline contents.--
                The guidelines under subparagraph (A) shall include 
                provisions and procedures requiring each participating 
                State and Indian tribe to certify to the Secretary that 
                the State or Indian tribe, as applicable--
                          ``(i) has the authority to participate in the 
                      levee safety initiative;
                          ``(ii) can receive funds under this title;
                          ``(iii) has adopted any levee safety 
                      guidelines developed under this title;
                          ``(iv) will carry out levee inspections;
                          ``(v) will carry out, consistent with 
                      applicable requirements, flood risk management and 
                      any emergency action planning procedures the 
                      Secretary determines to be necessary relating to 
                      levees;
                          ``(vi) will carry out public education and 
                      awareness activities consistent with the efforts 
                      carried out under subsection (f); and
                          ``(vii) will collect and share information 
                      regarding the location and condition of levees, 
                      including for inclusion in the national levee 
                      database.
                    ``(C) Public comment.--Prior to finalizing the 
                guidelines under this paragraph, the Secretary shall--
                          ``(i) issue draft guidelines for public 
                      comment; and
                          ``(ii) consider any comments received in the 
                      development of final guidelines.
            ``(2) Assistance to states.--
                    ``(A) Establishment.--The Administrator may provide 
                assistance, subject to the availability of funding 
                specified in appropriations Acts for Federal Emergency 
                Management Agency activities pursuant to this title and 
                subject to amounts available under subparagraph (E), to 
                States and

[[Page 128 STAT. 1296]]

                Indian tribes in establishing participating programs, 
                conducting levee inventories, and improving levee safety 
                programs in accordance with subparagraph (B).
                    ``(B) Requirements.--To be eligible to receive 
                assistance under this section, a State or Indian tribe 
                shall--
                          ``(i) meet the requirements of a participating 
                      program established by the guidelines issued under 
                      paragraph (1);
                          ``(ii) use not less than 25 percent of any 
                      amounts received to identify and assess non-
                      Federal levees within the State or on land of the 
                      Indian tribe;
                          ``(iii) submit to the Secretary and 
                      Administrator any information collected by the 
                      State or Indian tribe in carrying out this 
                      subsection for inclusion in the national levee 
                      safety database; and
                          ``(iv) identify actions to address hazard 
                      mitigation activities associated with levees and 
                      leveed areas identified in the hazard mitigation 
                      plan of the State approved by the Administrator of 
                      the Federal Emergency Management Agency under the 
                      Robert T. Stafford Disaster Relief and Emergency 
                      Assistance Act (42 U.S.C. 5121 et seq.).
                    ``(C) Measures to assess effectiveness.--
                          ``(i) <<NOTE: Deadline.>>  In general.--Not 
                      later than 1 year after the date of enactment of 
                      this subsection, the Administrator shall implement 
                      quantifiable performance measures and metrics to 
                      assess the effectiveness of the assistance 
                      provided in accordance with subparagraph (A).
                          ``(ii) Considerations.--In assessing the 
                      effectiveness of assistance under clause (i), the 
                      Administrator shall consider the degree to which 
                      the State or tribal program--
                                    ``(I) ensures that human lives and 
                                property that are protected by new and 
                                existing levees are safe;
                                    ``(II) encourages the use of 
                                appropriate engineering policies, 
                                procedures, and technical practices for 
                                levee site investigation, design, 
                                construction, operation and maintenance, 
                                inspection, assessment, and emergency 
                                preparedness;
                                    ``(III) develops and supports public 
                                education and awareness projects to 
                                increase public acceptance and support 
                                of levee safety programs and provide 
                                information;
                                    ``(IV) builds public awareness of 
                                the residual risks associated with 
                                living in levee protected areas; and
                                    ``(V) develops technical assistance 
                                materials, seminars, and guidelines to 
                                improve the security of levees of the 
                                United States.
                    ``(D) <<NOTE: Contracts.>>  Maintenance of effort.--
                Technical assistance or grants may not be provided to a 
                State under this subsection during a fiscal year unless 
                the State enters into an agreement with the 
                Administrator to ensure that the State will maintain 
                during that fiscal year aggregate expenditures for 
                programs to ensure levee safety that equal or exceed the 
                average annual level of such expenditures

[[Page 128 STAT. 1297]]

                for the State for the 2 fiscal years preceding that 
                fiscal year.
                    ``(E) Authorization of appropriations.--
                          ``(i) In general.--There is authorized to be 
                      appropriated to the Administrator to carry out 
                      this subsection $25,000,000 for each of fiscal 
                      years 2015 through 2019.
                          ``(ii) Allocation.--For each fiscal year, 
                      amounts made available under this subparagraph 
                      shall be allocated among the States and Indian 
                      tribes as follows:
                                    ``(I) \1/3\ among States and Indian 
                                tribes that qualify for assistance under 
                                this subsection.
                                    ``(II) \2/3\ among States and Indian 
                                tribes that qualify for assistance under 
                                this subsection, to each such State or 
                                Indian tribe in the proportion that--
                                            ``(aa) the miles of levees 
                                        in the State or on the land of 
                                        the Indian tribe that are listed 
                                        on the inventory of levees; 
                                        bears to
                                            ``(bb) the miles of levees 
                                        in all States and on the land of 
                                        all Indian tribes that are in 
                                        the national levee database.
                          ``(iii) Maximum amount of allocation.--The 
                      amounts allocated to a State or Indian tribe under 
                      this subparagraph shall not exceed 50 percent of 
                      the reasonable cost of implementing the State or 
                      tribal levee safety program.
                    ``(F) Prohibition.--No amounts made available to the 
                Administrator under this title shall be used for levee 
                construction, rehabilitation, repair, operations, or 
                maintenance.

    ``(h) Levee Rehabilitation Assistance Program.--
            ``(1) Establishment.--The Secretary shall provide assistance 
        to States, Indian tribes, and local governments relating to 
        addressing flood mitigation activities that result in an overall 
        reduction in flood risk.
            ``(2) Requirements.--To be eligible to receive assistance 
        under this subsection, a State, Indian tribe, or local 
        government shall--
                    ``(A) participate in, and comply with, all 
                applicable Federal floodplain management and flood 
                insurance programs;
                    ``(B) have in place a hazard mitigation plan that--
                          ``(i) includes all levee risks; and
                          ``(ii) complies with the Disaster Mitigation 
                      Act of 2000 (Public Law 106-390; 114 Stat. 1552);
                    ``(C) submit to the Secretary an application at such 
                time, in such manner, and containing such information as 
                the Secretary may require;
                    ``(D) commit to provide normal operation and 
                maintenance of the project for the 50 year-period 
                following completion of rehabilitation; and
                    ``(E) comply with such minimum eligibility 
                requirements as the Secretary, in consultation with the 
                committee, may establish to ensure that each owner and 
                operator of a levee under a participating State or 
                tribal levee safety program--

[[Page 128 STAT. 1298]]

                          ``(i) acts in accordance with the guidelines 
                      developed under subsection (c); and
                          ``(ii) carries out activities relating to the 
                      public in the leveed area in accordance with the 
                      hazard mitigation plan described in subparagraph 
                      (B).
            ``(3) <<NOTE: Deadlines.>>  Floodplain management plans.--
                    ``(A) In general.--Not later than 1 year after the 
                date of execution of a project agreement for assistance 
                under this subsection, a State, Indian tribe, or local 
                government shall prepare a floodplain management plan in 
                accordance with the guidelines under subparagraph (D) to 
                reduce the impacts of future flood events in each 
                applicable leveed area.
                    ``(B) Inclusions.--A plan under subparagraph (A) 
                shall address--
                          ``(i) potential measures, practices, and 
                      policies to reduce loss of life, injuries, damage 
                      to property and facilities, public expenditures, 
                      and other adverse impacts of flooding in each 
                      applicable leveed area;
                          ``(ii) plans for flood fighting and 
                      evacuation; and
                          ``(iii) public education and awareness of 
                      flood risks.
                    ``(C) Implementation.--Not later than 1 year after 
                the date of completion of construction of the applicable 
                project, a floodplain management plan prepared under 
                subparagraph (A) shall be implemented.
                    ``(D) Guidelines.--Not later than 180 days after the 
                date of enactment of this subsection, the Secretary, in 
                consultation with the Administrator, shall develop such 
                guidelines for the preparation of floodplain management 
                plans prepared under this paragraph as the Secretary 
                determines to be appropriate.
                    ``(E) Technical support.--The Secretary may provide 
                technical support for the development and implementation 
                of floodplain management plans prepared under this 
                paragraph.
            ``(4) Use of funds.--
                    ``(A) In general.--Assistance provided under this 
                subsection may be used--
                          ``(i) for any rehabilitation activity to 
                      maximize overall risk reduction associated with a 
                      levee under a participating State or tribal levee 
                      safety program; and
                          ``(ii) only for a levee that is not federally 
                      operated and maintained.
                    ``(B) Prohibition.--Assistance provided under this 
                subsection shall not be used--
                          ``(i) to perform routine operation or 
                      maintenance for a levee; or
                          ``(ii) to make any modification to a levee 
                      that does not result in an improvement to public 
                      safety.
            ``(5) No proprietary interest.--A contract for assistance 
        provided under this subsection shall not be considered to confer 
        any proprietary interest on the United States.
            ``(6) Cost share.--The maximum Federal share of the cost of 
        any assistance provided under this subsection shall be 65 
        percent.

[[Page 128 STAT. 1299]]

            ``(7) Project limit.--The maximum amount of Federal 
        assistance for a project under this subsection shall be 
        $10,000,000.
            ``(8) Limitation.--A project shall not receive Federal 
        assistance under this subsection more than 1 time.
            ``(9) Federal interest.--For a project that is not a project 
        eligible for rehabilitation assistance under section 5 of the 
        Act of August 18, 1941 (33 U.S.C. 701n), the Secretary shall 
        determine that the proposed rehabilitation is in the Federal 
        interest prior to providing assistance for such rehabilitation.
            ``(10) Other laws.--Assistance provided under this 
        subsection shall be subject to all applicable laws (including 
        regulations) that apply to the construction of a civil works 
        project of the Corps of Engineers.

    ``(i) Effect of Section.--Nothing in this section--
            ``(1) affects the requirement under section 100226(b)(2) of 
        Public Law 112-141 (42 U.S.C. 4101 note; 126 Stat. 942); or
            ``(2) confers any regulatory authority on--
                    ``(A) the Secretary; or
                    ``(B) the Administrator, including for the purpose 
                of setting premium rates under the national flood 
                insurance program established under chapter 1 of the 
                National Flood Insurance Act of 1968 (42 U.S.C. 4011 et 
                seq.).
``SEC. 9006. <<NOTE: Public information. 33 USC 3303b.>>  REPORTS.

    ``(a) State of Levees.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and biennially thereafter, the 
        Secretary in coordination with the committee, shall submit to 
        Congress and make publicly available a report describing the 
        state of levees in the United States and the effectiveness of 
        the levee safety initiative, including--
                    ``(A) progress achieved in implementing the levee 
                safety initiative;
                    ``(B) State and tribal participation in the levee 
                safety initiative;
                    ``(C) recommendations to improve coordination of 
                levee safety, floodplain management, and environmental 
                protection concerns, including--
                          ``(i) identifying and evaluating opportunities 
                      to coordinate public safety, floodplain 
                      management, and environmental protection 
                      activities relating to levees; and
                          ``(ii) evaluating opportunities to coordinate 
                      environmental permitting processes for operation 
                      and maintenance activities at existing levee 
                      projects in compliance with all applicable laws; 
                      and
                    ``(D) any recommendations for legislation and other 
                congressional actions necessary to ensure national levee 
                safety.
            ``(2) <<NOTE: Recommenda- tions.>>  Inclusion.--Each report 
        under paragraph (1) shall include a report of the committee that 
        describes the independent recommendations of the committee for 
        the implementation of the levee safety initiative.

    ``(b) National Dam and Levee Safety Program.--Not later than 3 years 
after the date of enactment of this subsection, to

[[Page 128 STAT. 1300]]

the maximum extent practicable, the Secretary and the Administrator, in 
coordination with the committee, shall submit to Congress and make 
publicly available a report that includes recommendations regarding the 
advisability and feasibility of, and potential approaches for, 
establishing a joint national dam and levee safety program.
    ``(c) Alignment of Federal Programs Relating to Levees.--Not later 
than 2 years after the date of enactment of this subsection, the 
Comptroller General of the United States shall submit to Congress a 
report on opportunities for alignment of Federal programs to provide 
incentives to State, tribal, and local governments and individuals and 
entities--
            ``(1) to promote shared responsibility for levee safety;
            ``(2) to encourage the development of strong State and 
        tribal levee safety programs;
            ``(3) to better align the levee safety initiative with other 
        Federal flood risk management programs; and
            ``(4) to promote increased levee safety through other 
        Federal programs providing assistance to State and local 
        governments.

    ``(d) Liability for Certain Levee Engineering Projects.--Not later 
than 1 year after the date of enactment of this subsection, the 
Secretary shall submit to Congress and make publicly available a report 
that includes recommendations that identify and address any legal 
liability associated with levee engineering projects that prevent--
            ``(1) levee owners from obtaining needed levee engineering 
        services; or
            ``(2) development and implementation of a State or tribal 
        levee safety program.''.

    (f) Authorization of Appropriations.--Section 9008 of the Water 
Resources Development Act of 2007 <<NOTE: 33 USC 3305.>>  (as 
redesignated by subsection (e)(1)) is amended--
            (1) by striking ``are'' and inserting ``is''; and
            (2) by striking ``Secretary'' and all that follows through 
        the period at the end and inserting the following:

``Secretary--
            ``(1) to carry out sections 9003, 9005(c), 9005(d), 9005(e), 
        and 9005(f), $4,000,000 for each of fiscal years 2015 through 
        2019;
            ``(2) to carry out section 9004, $20,000,000 for each of 
        fiscal years 2015 through 2019; and
            ``(3) to carry out section 9005(h), $30,000,000 for each of 
        fiscal years 2015 through 2019.''.
SEC. 3017. <<NOTE: 33 USC 3303a note.>> REHABILITATION OF EXISTING 
                          LEVEES.

    (a) <<NOTE: Determination.>>  In General.--The Secretary shall carry 
out measures that address consolidation, settlement, subsidence, sea 
level rise, and new datum to restore federally authorized hurricane and 
storm damage reduction projects that were constructed as of the date of 
enactment of this Act to the authorized levels of protection of the 
projects if the Secretary determines the necessary work is technically 
feasible, environmentally acceptable, and economically justified.

    (b) <<NOTE: Applicability.>>  Limitation.--This section shall only 
apply to those projects for which the executed project partnership 
agreement provides that the non-Federal interest is not required to 
perform future measures to restore the project to the authorized level 
of protection of the

[[Page 128 STAT. 1301]]

project to account for subsidence and sea-level rise as part of the 
operation, maintenance, repair, replacement, and rehabilitation 
responsibilities.

    (c) Cost Share.--
            (1) In general.--The non-Federal share of the cost of 
        construction of a project carried out under this section shall 
        be determined as provided in subsections (a) through (d) of 
        section 103 of the Water Resources Development Act of 1986 (33 
        U.S.C. 2213).
            (2) Certain activities.--The non-Federal share of the cost 
        of operations, maintenance, repair, replacement, and 
        rehabilitation for a project carried out under this section 
        shall be 100 percent.

    (d) Report to Congress.--Not later than 5 years after the date of 
enactment of this Act, the Secretary shall include in the annual report 
developed under section 7001--
            (1) any recommendations relating to the continued need for 
        the authority provided under this section;
            (2) a description of the measures carried out under this 
        section;
            (3) any lessons learned relating to the measures implemented 
        under this section; and
            (4) best practices for carrying out measures to restore 
        hurricane and storm damage reduction projects.

    (e) Termination of Authority.--The authority of the Secretary under 
this subsection terminates on the date that is 10 years after the date 
of enactment of this Act.

 Subtitle C--Additional Safety Improvements and Risk Reduction Measures

SEC. 3021. USE OF INNOVATIVE MATERIALS.

    Section 8(d) of the Water Resources Development Act of 1988 (33 
U.S.C. 2314) is amended by striking ``materials'' and all that follows 
through the period at the end and inserting ``methods, or materials, 
including roller compacted concrete, geosynthetic materials, and 
advanced composites, that the Secretary determines are appropriate to 
carry out this section.''.
SEC. 3022. <<NOTE: 33 USC 2351.>> DURABILITY, SUSTAINABILITY, AND 
                          RESILIENCE.

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

[[Page 128 STAT. 1302]]

SEC. 3023. STUDY ON RISK REDUCTION.

    (a) <<NOTE: Deadline. Contracts. Recommenda- tions.>>  In General.--
Not later than 18 months after the date of enactment of this Act, the 
Secretary, in coordination with the Secretary of the Interior and the 
Secretary of Commerce, shall enter into an arrangement with the National 
Academy of Sciences to carry out a study and make recommendations 
relating to infrastructure and coastal restoration options for reducing 
risk to human life and property from extreme weather events, such as 
hurricanes, coastal storms, and inland flooding.

    (b) Considerations.--The study under subsection (a) shall include--
            (1) an analysis of strategies and water resources projects, 
        including authorized water resources projects that have not yet 
        been constructed, and other projects implemented in the United 
        States and worldwide to respond to risk associated with extreme 
        weather events;
            (2) an analysis of--
                    (A) historical extreme weather events;
                    (B) the ability of existing infrastructure to 
                mitigate risks associated with extreme weather events; 
                and
                    (C) the reduction in long-term costs and 
                vulnerability to infrastructure through the use of 
                resilient construction techniques;
            (3) identification of proven, science-based approaches and 
        mechanisms for ecosystem protection and identification of 
        natural resources likely to have the greatest need for 
        protection, restoration, and conservation so that the 
        infrastructure and restoration projects can continue 
        safeguarding the communities in, and sustaining the economy of, 
        the United States;
            (4) an estimation of the funding necessary to improve 
        infrastructure in the United States to reduce risk associated 
        with extreme weather events;
            (5) an analysis of the adequacy of current funding sources 
        and the identification of potential new funding sources to 
        finance the necessary infrastructure improvements referred to in 
        paragraph (3); and
            (6) an analysis of the Federal, State, and local costs of 
        natural disasters and the potential cost-savings associated with 
        implementing mitigation measures.

    (c) Coordination.--The National Academy of Sciences may cooperate 
with the National Academy of Public Administration to carry out 1 or 
more aspects of the study under subsection (a).
    (d) <<NOTE: Deadline. Records.>>  Publication.--Not later than 30 
days after completion of the study under subsection (a), the National 
Academy of Sciences shall--
            (1) submit a copy of the study to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives; and
            (2) <<NOTE: Public information.>>  make a copy of the study 
        available on a publicly accessible Internet site.
SEC. 3024. MANAGEMENT OF FLOOD, DROUGHT, AND STORM DAMAGE.

    (a) <<NOTE: Deadline. Study.>>  In General.--Not later than 1 year 
after the date of enactment of this Act, the Comptroller General shall 
submit to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the House

[[Page 128 STAT. 1303]]

of Representatives a study of the strategies used by the Corps of 
Engineers for the comprehensive management of water resources in 
response to floods, storms, and droughts, including an historical review 
of the ability of the Corps of Engineers to manage and respond to 
historical drought, storm, and flood events.

    (b) Considerations.--The study under subsection (a) shall address--
            (1) the extent to which existing water management activities 
        of the Corps of Engineers can better meet the goal of addressing 
        future flooding, drought, and storm damage risks, which shall 
        include analysis of all historical extreme weather events that 
        have been recorded during the previous 5 centuries as well as in 
        the geological record;
            (2) whether existing water resources projects built or 
        maintained by the Corps of Engineers, including dams, levees, 
        floodwalls, flood gates, and other appurtenant infrastructure 
        were designed to adequately address flood, storm, and drought 
        impacts and the extent to which the water resources projects 
        have been successful at addressing those impacts;
            (3) any recommendations for approaches for repairing, 
        rebuilding, or restoring infrastructure, land, and natural 
        resources that consider the risks and vulnerabilities associated 
        with past and future extreme weather events;
            (4) whether a reevaluation of existing management approaches 
        of the Corps of Engineers could result in greater efficiencies 
        in water management and project delivery that would enable the 
        Corps of Engineers to better prepare for, contain, and respond 
        to flood, storm, and drought conditions;
            (5) any recommendations for improving the planning processes 
        of the Corps of Engineers to provide opportunities for 
        comprehensive management of water resources that increases 
        efficiency and improves response to flood, storm, and drought 
        conditions;
            (6) any recommendations on the use of resilient construction 
        techniques to reduce future vulnerability from flood, storm, and 
        drought conditions; and
            (7) any recommendations for improving approaches to 
        rebuilding or restoring infrastructure and natural resources 
        that contribute to risk reduction, such as coastal wetlands, to 
        prepare for flood and drought.
SEC. 3025. <<NOTE: 33 USC 2267b.>>  POST-DISASTER WATERSHED 
                          ASSESSMENTS.

    (a) Watershed Assessments.--
            (1) In general.--In an area that the President has declared 
        a major disaster in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5170), the Secretary may carry out a watershed assessment to 
        identify, to the maximum extent practicable, specific flood risk 
        reduction, hurricane and storm damage reduction, ecosystem 
        restoration, or navigation project recommendations that will 
        help to rehabilitate and improve the resiliency of damaged 
        infrastructure and natural resources to reduce risks to human 
        life and property from future natural disasters.
            (2) Existing projects.--A watershed assessment carried out 
        paragraph (1) may identify existing projects being carried

[[Page 128 STAT. 1304]]

        out under 1 or more of the authorities referred to in subsection 
        (b)(1).
            (3) Duplicate watershed assessments.--In carrying out a 
        watershed assessment under paragraph (1), the Secretary shall 
        use all existing watershed assessments and related information 
        developed by the Secretary or other Federal, State, or local 
        entities.

    (b) Projects.--
            (1) In general.--The Secretary may carry out projects 
        identified under a watershed assessment under subsection (a) in 
        accordance with the criteria for projects carried out under one 
        of the following authorities:
                    (A) Section 205 of the Flood Control Act of 1948 (33 
                U.S.C. 701s).
                    (B) Section 111 of the River and Harbor Act of 1968 
                (33 U.S.C. 426i).
                    (C) Section 206 of the Water Resources Development 
                Act of 1996 (33 U.S.C. 2330).
                    (D) Section 1135 of the Water Resources Development 
                Act of 1986 (33 U.S.C. 2309a).
                    (E) Section 107 of the River and Harbor Act of 1960 
                (33 U.S.C. 577).
                    (F) Section 3 of the Act of August 13, 1946 (33 
                U.S.C. 426g).
            (2) <<NOTE: Recommenda- tions. Reports.>>  Annual plan.--For 
        each project that does not meet the criteria under paragraph 
        (1), the Secretary shall include a recommendation relating to 
        the project in the annual report submitted to Congress by the 
        Secretary in accordance with section 7001.
            (3) Existing projects.--In carrying out a project under 
        paragraph (1), the Secretary shall--
                    (A) to the maximum extent practicable, use all 
                existing information and studies available for the 
                project; and
                    (B) not require any element of a study completed for 
                the project prior to the disaster to be repeated.

    (c) Requirements.--All requirements applicable to a project under 
the Acts described in subsection (b) shall apply to the project.
    (d) <<NOTE: Deadline.>>  Limitations on Assessments.--A watershed 
assessment under subsection (a) shall be initiated not later than 2 
years after the date on which the major disaster declaration is issued.
SEC. 3026. HURRICANE AND STORM DAMAGE REDUCTION STUDY.

    (a) <<NOTE: Recommenda- tions.>>  In General.--As part of the study 
for flood and storm damage reduction related to natural disasters to be 
carried out by the Secretary under title II of division A of the 
Disaster Relief Appropriations Act, 2013, under the heading ``Department 
of the Army--Corps of Engineers--Civil--Investigations'' (127 Stat. 5), 
the Secretary shall make specific project recommendations.

    (b) Consultation.--In making recommendations pursuant to this 
section, the Secretary may consult with key stakeholders, including 
State, county, and city governments, and, as applicable, State and local 
water districts, and in the case of recommendations concerning projects 
that substantially affect communities served by historically Black 
colleges and universities, Tribal Colleges and Universities, and other 
minority-serving institutions, the Secretary shall consult with those 
colleges, universities, and institutions.

[[Page 128 STAT. 1305]]

    (c) Report.--The Secretary shall include any recommendations of the 
Secretary under this section in the annual report submitted to Congress 
by the Secretary in accordance with section 7001.
SEC. 3027. <<NOTE: 33 USC 709c.>>  EMERGENCY COMMUNICATION OF 
                          RISK.

    (a) Definitions.--In this section:
            (1) Affected government.--The term ``affected government'' 
        means a State, local, or tribal government with jurisdiction 
        over an area that will be affected by a flood.
            (2) Annual operating plan.--The term ``annual operating 
        plan'' means a plan prepared by the Secretary that describes 
        potential water condition scenarios for a river basin for a 
        year.

    (b) <<NOTE: Procedures.>>  Communication.--In any river basin where 
the Secretary carries out flood risk management activities subject to an 
annual operating plan, the Secretary shall establish procedures for 
providing the public and affected governments, including Indian tribes, 
in the river basin with--
            (1) timely information regarding expected water levels;
            (2) advice regarding appropriate preparedness actions;
            (3) technical assistance; and
            (4) any other information or assistance determined 
        appropriate by the Secretary.

    (c) <<NOTE: Web posting.>>  Public Availability of Information.--To 
the maximum extent practicable, the Secretary, in coordination with the 
Administrator of the Federal Emergency Management Agency, shall make the 
information required under subsection (b) available to the public 
through widely used and readily available means, including on the 
Internet.

    (d) Procedures.--The Secretary shall use the procedures established 
under subsection (b) only when precipitation or runoff exceeds those 
calculations considered as the lowest risk to life and property 
contemplated by the annual operating plan.
SEC. 3028. SAFETY ASSURANCE REVIEW.

    Section 2035 of the Water Resources Development Act of 2007 (33 
U.S.C. 2344) is amended by adding at the end the following:
    ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to a safety assurance review conducted 
under this section.''.
SEC. 3029. EMERGENCY RESPONSE TO NATURAL DISASTERS.

    (a) Emergency Response to Natural Disasters.--Section 5(a)(1) of the 
Act of August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first 
sentence--
            (1) by inserting ``and subject to the condition that the 
        Chief of Engineers may include modifications to the structure or 
        project'' after ``work for flood control''; and
            (2) by striking ``structure damaged or destroyed by wind, 
        wave, or water action of other than an ordinary nature when in 
        the discretion of the Chief of Engineers such repair and 
        restoration is warranted for the adequate functioning of the 
        structure for hurricane or shore protection'' and inserting 
        ``structure or project damaged or destroyed by wind, wave, or 
        water action of other than an ordinary nature to the design 
        level of protection when, in the discretion of the Chief of 
        Engineers, such repair and restoration is warranted for the 
        adequate functioning of the structure or project for hurricane 
        or shore protection, subject to the condition that the Chief of 
        Engineers

[[Page 128 STAT. 1306]]

        may include modifications to the structure or project to address 
        major deficiencies or implement nonstructural alternatives to 
        the repair or restoration of the structure if requested by the 
        non-Federal sponsor''.

    (b) Review of Emergency Response Authorities.--
            (1) <<NOTE: Evaluation.>>  In general.--The Secretary shall 
        undertake a review of implementation of section 5 of the Act of 
        August 18, 1941 (33 U.S.C. 701n), to evaluate the alternatives 
        available to the Secretary to ensure--
                    (A) the safety of affected communities to future 
                flooding and storm events;
                    (B) the resiliency of water resources development 
                projects to future flooding and storm events;
                    (C) the long-term cost-effectiveness of water 
                resources development projects that provide flood 
                control and hurricane and storm damage reduction 
                benefits; and
                    (D) the policy goals and objectives that have been 
                outlined by the President as a response to recent 
                extreme weather events, including Hurricane Sandy, that 
                relate to preparing for future floods are met.
            (2) Scope of review.--In carrying out the review, the 
        Secretary shall--
                    (A) review the historical precedents and 
                implementation of section 5 of that Act, including those 
                actions undertaken by the Secretary, over time, under 
                that section--
                          (i) to repair or restore a project; and
                          (ii) to increase the level of protection for a 
                      damaged project to address future conditions;
                    (B) <<NOTE: Evaluation.>>  evaluate the difference 
                between adopting, as an appropriate standard under 
                section 5 of that Act, the repair or restoration of a 
                project to pre-flood or pre-storm levels and the repair 
                or restoration of a project to a design level of 
                protection, including an assessment for each standard 
                of--
                          (i) the implications on populations at risk of 
                      flooding or damage;
                          (ii) the implications on probability of loss 
                      of life;
                          (iii) the implications on property values at 
                      risk of flooding or damage;
                          (iv) the implications on probability of 
                      increased property damage and associated costs;
                          (v) the implications on local and regional 
                      economies; and
                          (vi) the estimated total cost and estimated 
                      cost savings;
                    (C) review and evaluate the historic and potential 
                uses, and economic feasibility for the life of the 
                project, of nonstructural alternatives, including 
                natural features such as dunes, coastal wetlands, 
                floodplains, marshes, and mangroves, to reduce the 
                damage caused by floods, storm surges, winds, and other 
                aspects of extreme weather events, and to increase the 
                resiliency and long-term cost-effectiveness of water 
                resources development projects;
                    (D) incorporate the science on expected rates of 
                sea-level rise and extreme weather events;

[[Page 128 STAT. 1307]]

                    (E) incorporate the work completed by the Hurricane 
                Sandy Rebuilding Task Force, established by Executive 
                Order No. 13632 (77 Fed. Reg. 74341); and
                    (F) review the information obtained from the report 
                developed under subsection (c)(1).

    (c) <<NOTE: 33 USC 701n-1.>>  Reports.--
            (1) Biennial report to congress.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act and every 2 years 
                thereafter, the Secretary shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report detailing the amounts 
                expended in the previous 5 fiscal years to carry out 
                Corps of Engineers projects under section 5 of the Act 
                of August 18, 1941 (33 U.S.C. 701n).
                    (B) Inclusions.--A report under subparagraph (A) 
                shall, at a minimum, include a description of--
                          (i) each structure, feature, or project for 
                      which amounts are expended, including the type of 
                      structure, feature, or project and cost of the 
                      work; and
                          (ii) how the Secretary has repaired, restored, 
                      replaced, or modified each structure, feature, or 
                      project or intends to restore the structure, 
                      feature, or project to the design level of 
                      protection for the structure, feature, or project.
            (2) <<NOTE: Public information.>>  Report on review of 
        emergency response authorities.--Not later than 18 months after 
        the date of enactment of this Act, the Secretary shall submit to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and make publicly available a report on the 
        results of the review under subsection (b).

                TITLE IV--RIVER BASINS AND COASTAL AREAS

SEC. 4001. RIVER BASIN COMMISSIONS.

    Section 5019 of the Water Resources Development Act of 2007 (121 
Stat. 1201) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Authorization To Allocate.--
            ``(1) In general.--The Secretary shall allocate funds to the 
        Susquehanna River Basin Commission, the Delaware River Basin 
        Commission, and the Interstate Commission on the Potomac River 
        Basin to fulfill the equitable funding requirements of the 
        respective interstate compacts.
            ``(2) Amounts.--For each fiscal year, the Secretary shall 
        allocate to each Commission described in paragraph (1) an amount 
        equal to the amount determined by the Commission in accordance 
        with the respective interstate compact approved by Congress.
            ``(3) Notification.--If the Secretary does not allocate 
        funds for a given fiscal year in accordance with paragraph (2), 
        the Secretary, in conjunction with the subsequent submission by 
        the President of the budget to Congress under section 1105(a)

[[Page 128 STAT. 1308]]

        of title 31, United States Code, shall submit to the Committee 
        on Environment and Public Works of the Senate and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives a notice that describes--
                    ``(A) the reasons why the Secretary did not allocate 
                funds in accordance with paragraph (2) for that fiscal 
                year; and
                    ``(B) the impact of that decision not to allocate 
                funds on each area of jurisdiction of each Commission 
                described in paragraph (1), including with respect to--
                          ``(i) water supply allocation;
                          ``(ii) water quality protection;
                          ``(iii) regulatory review and permitting;
                          ``(iv) water conservation;
                          ``(v) watershed planning;
                          ``(vi) drought management;
                          ``(vii) flood loss reduction;
                          ``(viii) recreation; and
                          ``(ix) energy development.''.
SEC. 4002. <<NOTE: 33 USC 605a.>>  MISSISSIPPI RIVER.

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

    (b) Middle Mississippi River Pilot Program.--
            (1) In general.--In accordance with the project for 
        navigation, Mississippi River between the Ohio and Missouri 
        Rivers (Regulating Works), Missouri and Illinois, authorized by 
        the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly 
        known as the ``River and Harbor Act of 1910''), the Act of

[[Page 128 STAT. 1309]]

        January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as 
        the ``River and Harbor Act of 1927''), and the Act of July 3, 
        1930 (46 Stat. 918, chapter 847), the Secretary may study 
        improvements to navigation and aquatic ecosystem restoration in 
        the middle Mississippi River.
            (2) Disposition.--
                    (A) In general.--The Secretary may carry out any 
                project identified pursuant to paragraph (1) in 
                accordance with the criteria for projects carried out 
                under one of the following authorities:
                          (i) Section 206 of the Water Resources 
                      Development Act of 1996 (33 U.S.C. 2330).
                          (ii) Section 1135 of the Water Resources 
                      Development Act of 1986 (33 U.S.C. 2309a).
                          (iii) Section 107 of the River and Harbor Act 
                      of 1960 (33 U.S.C. 577).
                          (iv) Section 104(a) of the River and Harbor 
                      Act of 1958 (33 U.S.C. 610(a)).
                    (B) <<NOTE: Recommenda- tions.>>  Report.--For each 
                project that does not meet the criteria under 
                subparagraph (A), the Secretary shall include a 
                recommendation relating to the project in the annual 
                report submitted to Congress by the Secretary in 
                accordance with section 7001.

    (c) Greater Mississippi River Basin Severe Flooding and Drought 
Management Study.--
            (1) Definition of greater mississippi river basin.--In this 
        subsection, the term ``greater Mississippi River Basin'' means 
        the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as 
        identified by the United States Geological Survey as of the date 
        of enactment of this Act.
            (2) In general.--The Secretary shall carry out a study of 
        the greater Mississippi River Basin--
                    (A) to improve the coordinated and comprehensive 
                management of water resource projects in the greater 
                Mississippi River Basin relating to severe flooding and 
                drought conditions; and
                    (B) to identify and evaluate--
                          (i) modifications to those water resource 
                      projects, consistent with the authorized purposes 
                      of those projects; and
                          (ii) the development of new water resource 
                      projects to improve the reliability of navigation 
                      and more effectively reduce flood risk.
            (3) <<NOTE: Public information.>>  Report.--Not later than 3 
        years after the date of enactment of this Act, the Secretary 
        shall submit to Congress and make publicly available a report on 
        the study carried out under this subsection.
            (4) Savings clause.--Nothing in this subsection impacts the 
        operations and maintenance of the Missouri River Mainstem 
        System, as authorized by the Act of December 22, 1944 (commonly 
        known as the ``Flood Control Act of 1944'')(58 Stat. 897, 
        chapter 665).

    (d) Flexibility in Maintaining Navigation.--
            (1) Extreme low water event defined.--In this subsection, 
        the term ``extreme low water event'' means an extended period of 
        time during which low water threatens the safe

[[Page 128 STAT. 1310]]

        commercial use of the Mississippi River for navigation, 
        including the use and availability of fleeting areas.
            (2) Report on areas for action.--
                    (A) <<NOTE: Public information.>>  In general.--Not 
                later than 1 year after the date of enactment of this 
                Act, the Secretary, in consultation with the Secretary 
                of the department in which the Coast Guard is operating, 
                shall complete and make publicly available a report 
                identifying areas that are unsafe and unreliable for 
                commercial navigation during extreme low water events 
                along the authorized Federal navigation channel on the 
                Mississippi River and measures to address those 
                restrictions.
                    (B) Inclusions.--The report under subparagraph (A) 
                shall--
                          (i) consider data from the most recent extreme 
                      low water events that impacted navigation along 
                      the authorized Federal navigation channel on the 
                      Mississippi River;
                          (ii) identify locations for potential 
                      modifications, including improvements outside the 
                      authorized navigation channel, that will alleviate 
                      hazards at areas that constrain navigation during 
                      extreme low water events along the authorized 
                      Federal navigation channel on the Mississippi 
                      River; and
                          (iii) include recommendations for possible 
                      actions to address constrained navigation during 
                      extreme low water events.
            (3) Authorized activities.--If the Secretary, in 
        consultation with the Secretary of the department in which the 
        Coast Guard is operating, determines it to be critical to 
        maintaining safe and reliable navigation within the authorized 
        Federal navigation channel on the Mississippi River, the 
        Secretary may carry out activities outside the authorized 
        Federal navigation channel along the Mississippi River, 
        including the construction and operation of maintenance of 
        fleeting areas, that--
                    (A) are necessary for safe and reliable navigation 
                in the Federal channel; and
                    (B) have been identified in the report under 
                paragraph (2).
            (4) Restriction.--The Secretary shall only carry out 
        activities authorized under paragraph (3) for such period of 
        time as is necessary to maintain reliable navigation during the 
        extreme low water event.
            (5) Notification.--Not later than 60 days after initiating 
        an activity under this subsection, the Secretary shall submit to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives a notice that includes--
                    (A) a description of the activities undertaken, 
                including the costs associated with the activities; and
                    (B) a comprehensive description of how the 
                activities are necessary for maintaining safe and 
                reliable navigation of the Federal channel.
SEC. 4003. MISSOURI RIVER.

    (a) Upper Missouri Basin Flood and Drought Monitoring.--

[[Page 128 STAT. 1311]]

            (1) In general.--The Secretary, in coordination with the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, the Chief of the Natural Resources Conservation 
        Service, the Director of the United States Geological Survey, 
        and the Commissioner of the Bureau of Reclamation, shall carry 
        out activities to improve and support management of Corps of 
        Engineers water resources development projects, including--
                    (A) soil moisture and snowpack monitoring in the 
                Upper Missouri River Basin to reduce flood risk and 
                improve river and water resource management in the Upper 
                Missouri River Basin, as outlined in the February 2013 
                report entitled ``Upper Missouri Basin Monitoring 
                Committee--Snow Sampling and Instrumentation 
                Recommendations'';
                    (B) restoring and maintaining existing mid- and 
                high-elevation snowpack monitoring sites operated under 
                the SNOTEL program of the Natural Resources Conservation 
                Service; and
                    (C) operating streamflow gages and related 
                interpretive studies in the Upper Missouri River Basin 
                under the cooperative water program and the national 
                streamflow information program of the United States 
                Geological Service.
            (2) Use of funds.--Amounts made available to the Secretary 
        to carry out activities under this subsection shall be used to 
        supplement but not supplant other related activities of Federal 
        agencies that are carried out within the Missouri River Basin.
            (3) Cooperative agreements.--
                    (A) In general.--The Secretary may enter into 
                cooperative agreements with other Federal agencies to 
                carry out this subsection.
                    (B) Maintenance of effort.--The Secretary may only 
                enter into a cooperative agreement with another Federal 
                agency under this paragraph if such agreement specifies 
                that the agency will maintain aggregate expenditures in 
                the Missouri River Basin for existing programs that 
                implement activities described in paragraph (1) at a 
                level that is equal to or exceeds the aggregate 
                expenditures for the fiscal year immediately preceding 
                the fiscal year in which such agreement is signed.
            (4) <<NOTE: Deadline.>>  Report.--Not later than 1 year 
        after the date of enactment of this Act, the Comptroller General 
        of the United States, in consultation with the Secretary, shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure of 
        the House of Representatives a report that--
                    (A) identifies progress made by the Secretary and 
                other Federal agencies in implementing the 
                recommendations contained in the report described in 
                paragraph (1)(A) with respect to enhancing soil moisture 
                and snowpack monitoring in the Upper Missouri Basin;
                    (B) <<NOTE: Recommenda- tions.>>  includes 
                recommendations--
                          (i) to enhance soil moisture and snowpack 
                      monitoring in the Upper Missouri Basin that would 
                      enhance

[[Page 128 STAT. 1312]]

                      water resources management, including managing 
                      flood risk, in that basin; and
                          (ii) on the most efficient manner of 
                      collecting and sharing data to assist Federal 
                      agencies with water resources management 
                      responsibilities;
                    (C) identifies the expected costs and timeline for 
                implementing the recommendations described in 
                subparagraph (B)(i); and
                    (D) identifies the role of States and other Federal 
                agencies in gathering necessary soil moisture and 
                snowpack monitoring data.

    (b) Missouri River Between Fort Peck Dam, Montana and Gavins Point 
Dam, South Dakota and Nebraska.--Section 9(f) of the Act of December 22, 
1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 
891, chapter 665; 102 Stat. 4031) is amended in the second sentence by 
striking ``$3,000,000'' and inserting ``$5,000,000''.
    (c) Missouri River Recovery Implementation Committee Expenses 
Reimbursement.--Section 5018(b)(5) of the Water Resources Development 
Act of 2007 (121 Stat. 1200) is amended by striking subparagraph (B) and 
inserting the following:
                    ``(B) Travel expenses.--Subject to the availability 
                of funds, the Secretary may reimburse a member of the 
                Committee for travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for an employee 
                of a Federal agency under subchapter I of chapter 57 of 
                title 5, United States Code, while away from the home or 
                regular place of business of the member in performance 
                of services for the Committee.''.

    (d) Upper Missouri Shoreline Stabilization.--
            (1) <<NOTE: Study.>>  In general.--The Secretary shall 
        conduct a study to determine the feasibility of carrying out 
        projects to address shoreline erosion in the Upper Missouri 
        River Basin (including the States of South Dakota, North Dakota, 
        and Montana) resulting from the operation of a reservoir 
        constructed under the Pick-Sloan Missouri River Basin Program 
        (authorized by section 9 of the Act of December 22, 1944 
        (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 
        891, chapter 665)).
            (2) Contents.--The study carried out under paragraph (1) 
        shall, to the maximum extent practicable--
                    (A) use previous assessments completed by the Corps 
                of Engineers or other Federal agencies; and
                    (B) assess the infrastructure needed to--
                          (i) reduce shoreline erosion;
                          (ii) mitigate additional loss of land;
                          (iii) contribute to environmental and 
                      ecosystem improvement; and
                          (iv) protect existing community 
                      infrastructure, including roads and water and 
                      waste-water related infrastructure.
            (3) Disposition.--The Secretary may carry out projects 
        identified in the study under paragraph (1) in accordance with 
        the criteria for projects carried out under section 14 of the 
        Flood Control Act of 1946 (33 U.S.C. 701r).
            (4) <<NOTE: Determination.>>  Annual report.--For each 
        project identified in the study under paragraph (1) that cannot 
        be carried out under

[[Page 128 STAT. 1313]]

        any of the authorities specified in paragraph (3), upon 
        determination by the Secretary of the feasibility of the 
        project, the Secretary may include a recommendation relating to 
        the project in the annual report submitted to Congress under 
        section 7001.
            (5) <<NOTE: Consultation.>>  Coordination.--In carrying out 
        this subsection, the Secretary shall consult and coordinate with 
        the appropriate State or tribal agency for the area in which the 
        project is located.
            (6) Payment options.--The Secretary shall allow the full 
        non-Federal contribution for a project under this subsection to 
        be paid in accordance with section 103(k) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2213(k)).

    (e) <<NOTE: Reports. Deadline.>>  Missouri River Fish and Wildlife 
Mitigation.--The Secretary shall include in the first budget of the 
United States Government submitted by the President under section 1105 
of title 31, United States Code, after the date of enactment of this 
Act, and biennially thereafter, a report that describes activities 
carried out by the Secretary relating to the project for mitigation of 
fish and wildlife losses, Missouri River Bank Stabilization and 
Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by 
section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 
4143), including--
            (1) an inventory of all actions taken by the Secretary in 
        furtherance of the project, including an inventory of land owned 
        or acquired by the Secretary;
            (2) a description, including a prioritization, of the 
        specific actions proposed to be undertaken by the Secretary for 
        the subsequent fiscal year in furtherance of the project;
            (3) an assessment of the progress made in furtherance of the 
        project, including--
                    (A) a description of how each of the actions 
                identified under paragraph (1) have impacted the 
                progress; and
                    (B) the status of implementation of any applicable 
                requirements of the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.), including any applicable 
                biological opinions; and
            (4) an assessment of additional actions or authority 
        necessary to achieve the results of the project.

    (f) Lower Yellowstone.--Section 3109 of the Water Resources 
Development Act of 2007 (121 Stat. 1135) is amended--
            (1) by striking ``The Secretary may'' and inserting the 
        following:

    ``(a) In General.--The Secretary may''; and
            (2) by adding at the end the following:

    ``(b) <<NOTE: Consultation.>>  Local Participation.--In carrying out 
subsection (a), the Secretary shall consult with, and consider the 
activities being carried out by--
            ``(1) other Federal agencies;
            ``(2) conservation districts;
            ``(3) the Yellowstone River Conservation District Council; 
        and
            ``(4) the State of Montana.''.
SEC. 4004. ARKANSAS RIVER.

    (a) Project Goal.--The goal for operation of the McClellan-Kerr 
Arkansas River navigation system, Arkansas and Oklahoma,

[[Page 128 STAT. 1314]]

shall be to maximize the use of the system in a balanced approach that 
incorporates advice from representatives from all project purposes to 
ensure that the full value of the system is realized by the United 
States.
    (b) McClellan-Kerr Arkansas River Navigation System Advisory 
Committee.--
            (1) <<NOTE: Establishment. Oklahoma.>>  In general.--In 
        accordance with the Federal Advisory Committee Act (5 U.S.C. 
        App.), the Secretary shall establish an advisory committee for 
        the McClellan-Kerr Arkansas River navigation system, Arkansas 
        and Oklahoma project authorized by the first section of the Act 
        of July 24, 1946 (60 Stat. 635, chapter 595).
            (2) Duties.--The advisory committee shall--
                    (A) serve in an advisory capacity only; and
                    (B) provide information and recommendations to the 
                Corps of Engineers relating to the efficiency, 
                reliability, and availability of the operations of the 
                McClellan-Kerr Arkansas River navigation system.
            (3) Selection and composition.--The advisory committee shall 
        be--
                    (A) selected jointly by the Little Rock district 
                engineer and the Tulsa district engineer; and
                    (B) composed of members that equally represent the 
                McClellan-Kerr Arkansas River navigation system project 
                purposes.
            (4) Agency resources.--The Little Rock district and the 
        Tulsa district of the Corps of Engineers, under the supervision 
        of the southwestern division, shall jointly provide the advisory 
        committee with adequate staff assistance, facilities, and 
        resources.
            (5) Termination.--
                    (A) In general.--Subject to subparagraph (B), the 
                advisory committee shall terminate on the date on which 
                the Secretary submits a report to Congress demonstrating 
                increases in the efficiency, reliability, and 
                availability of the McClellan-Kerr Arkansas River 
                navigation system.
                    (B) Restriction.--The advisory committee shall 
                terminate not less than 2 calendar years after the date 
                on which the advisory committee is established.
SEC. 4005. COLUMBIA BASIN.

    Section 536(g) of the Water Resources Development Act of 2000 (114 
Stat. 2661) is amended by striking ``$30,000,000'' and inserting 
``$50,000,000''.
SEC. 4006. RIO GRANDE.

    Section 5056 of the Water Resources Development Act of 2007 (121 
Stat. 1213) is amended--
            (1) in subsection (b)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``2008'' and inserting ``2014''; and
                    (B) in subparagraph (C), by inserting ``and an 
                assessment of needs for other related purposes in the 
                Rio Grande Basin, including flood damage reduction'' 
                after ``assessment'';
            (2) in subsection (c)(2)--

[[Page 128 STAT. 1315]]

                    (A) by striking ``an interagency agreement with'' 
                and inserting ``1 or more interagency agreements with 
                the Secretary of State and''; and
                    (B) by inserting ``or the U.S. Section of the 
                International Boundary and Water Commission'' after 
                ``the Department of the Interior''; and
            (3) in subsection (f), by striking ``2011'' and inserting 
        ``2019''.
SEC. 4007. <<NOTE: Idaho. Montana.>>  NORTHERN ROCKIES HEADWATERS.

    (a) <<NOTE: Study.>>  In General.--The Secretary shall conduct a 
study to determine the feasibility of carrying out projects for aquatic 
ecosystem restoration and flood risk reduction that will mitigate the 
impacts of extreme weather events, including floods and droughts, on 
communities, water users, and fish and wildlife located in and along the 
headwaters of the Columbia, Missouri, and Yellowstone Rivers (including 
the tributaries of those rivers) in the States of Idaho and Montana.

    (b) Inclusions.--The study under subsection (a) shall, to the 
maximum extent practicable--
            (1) emphasize the protection and enhancement of natural 
        riverine processes; and
            (2) assess the individual and cumulative needs associated 
        with--
                    (A) floodplain restoration and reconnection;
                    (B) floodplain and riparian area protection through 
                the use of conservation easements;
                    (C) instream flow restoration projects;
                    (D) fish passage improvements;
                    (E) channel migration zone mapping; and
                    (F) invasive weed management.

    (c) Disposition.--
            (1) In general.--The Secretary may carry out any project 
        identified in the study pursuant to subsection (a) in accordance 
        with the criteria for projects carried out under one of the 
        following authorities:
                    (A) Section 206 of the Water Resources Development 
                Act of 1996 (33 U.S.C. 2330).
                    (B) Section 1135 of the Water Resources Development 
                Act of 1986 (33 U.S.C. 2309a).
                    (C) Section 104(a) of the River and Harbor Act of 
                1958 (33 U.S.C. 610(a)).
                    (D) Section 205 of the Flood Control Act of 1948 (33 
                U.S.C. 701s).
            (2) <<NOTE: Recommenda- tions.>>  Report.--For each project 
        that does not meet the criteria under paragraph (1), the 
        Secretary shall include a recommendation relating to the project 
        in the annual report submitted to Congress by the Secretary in 
        accordance with section 7001.

    (d) Coordination.--In carrying out this section, the Secretary--
            (1) <<NOTE: Consultation.>>  shall consult and coordinate 
        with the appropriate agency for each State and Indian tribe; and
            (2) <<NOTE: Contracts.>>  may enter into cooperative 
        agreements with those State or tribal agencies described in 
        paragraph (1).

    (e) Limitations.--Nothing in this section invalidates, preempts, or 
creates any exception to State water law, State water rights, or Federal 
or State permitted activities or agreements in the States

[[Page 128 STAT. 1316]]

of Idaho and Montana or any State containing tributaries to rivers in 
those States.
SEC. 4008. RURAL WESTERN WATER.

    Section 595 of the Water Resources Development Act of 1999 (113 
Stat. 383) is amended--
            (1) by striking subsection (c) and inserting the following:

    ``(c) Form of Assistance.--Assistance under this section may be in 
the form of--
            ``(1) <<NOTE: State listing.>>  design and construction 
        assistance for water-related environmental infrastructure and 
        resource protection and development in Idaho, Montana, rural 
        Nevada, New Mexico, rural Utah, and Wyoming, including projects 
        for--
                    ``(A) wastewater treatment and related facilities;
                    ``(B) water supply and related facilities;
                    ``(C) environmental restoration; and
                    ``(D) surface water resource protection and 
                development; and
            ``(2) technical assistance to small and rural communities 
        for water planning and issues relating to access to water 
        resources.''; and
            (2) by striking subsection (h) and inserting the following:

    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for the period beginning with 
fiscal year 2001, $435,000,000, which shall--
            ``(1) be made available to the States and locales described 
        in subsection (b) consistent with program priorities determined 
        by the Secretary in accordance with criteria developed by the 
        Secretary to establish the program priorities; and
            ``(2) remain available until expended.''.
SEC. 4009. NORTH ATLANTIC COASTAL REGION.

    (a) <<NOTE: Study.>>  In General.--The Secretary shall conduct a 
study to determine the feasibility of carrying out projects to restore 
aquatic ecosystems within the coastal waters of the Northeastern United 
States from the State of Virginia to the State of Maine, including 
associated bays, estuaries, and critical riverine areas.

    (b) Study.--In carrying out the study under subsection (a), the 
Secretary shall--
            (1) as appropriate, coordinate with the heads of other 
        appropriate Federal agencies, the Governors of the coastal 
        States from Virginia to Maine, nonprofit organizations, and 
        other interested parties;
            (2) identify projects for aquatic ecosystem restoration 
        based on an assessment of the need and opportunities for aquatic 
        ecosystem restoration within the coastal waters of the 
        Northeastern States described in subsection (a); and
            (3) use, to the maximum extent practicable, any existing 
        plans and data.

    (c) Disposition.--
            (1) In general.--The Secretary may carry out any project 
        identified in the study pursuant to subsection (a) in accordance 
        with the criteria for projects carried out under one of the 
        following authorities:
                    (A) Section 206 of the Water Resources Development 
                Act of 1996 (33 U.S.C. 2330).
                    (B) Section 1135 of the Water Resources Development 
                Act of 1986 (33 U.S.C. 2309a).

[[Page 128 STAT. 1317]]

                    (C) Section 3 of the Act of August 13, 1946 (33 
                U.S.C. 426g).
                    (D) Section 204 of the Water Resources Development 
                Act of 1992 (33 U.S.C. 2326).
            (2) <<NOTE: Recommenda- tions.>>  Report.--For each project 
        that does not meet the criteria under paragraph (1), the 
        Secretary shall include a recommendation relating to the project 
        in the annual report submitted to Congress by the Secretary in 
        accordance with section 7001.
SEC. 4010. CHESAPEAKE BAY.

    (a) In General.--Section 510 of the Water Resources Development Act 
of 1996 (Public Law 104-303; 110 Stat. 3759; 121 Stat. 1202) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``pilot program'' and 
                      inserting ``program''; and
                          (ii) by inserting ``in the basin States 
                      described in subsection (f) and the District of 
                      Columbia'' after ``interests''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Form.--The assistance under paragraph (1) shall be in 
        the form of design and construction assistance for water-related 
        resource protection and restoration projects affecting the 
        Chesapeake Bay estuary, based on the comprehensive plan under 
        subsection (b), including projects for--
                    ``(A) sediment and erosion control;
                    ``(B) protection of eroding shorelines;
                    ``(C) ecosystem restoration, including restoration 
                of submerged aquatic vegetation;
                    ``(D) protection of essential public works;
                    ``(E) beneficial uses of dredged material; and
                    ``(F) other related projects that may enhance the 
                living resources of the estuary.'';
            (2) by striking subsection (b) and inserting the following:

    ``(b) Comprehensive Plan.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 2 
        years after the date of enactment of the Water Resources Reform 
        and Development Act of 2014, the Secretary, in cooperation with 
        State and local governmental officials and affected 
        stakeholders, shall develop a comprehensive Chesapeake Bay 
        restoration plan to guide the implementation of projects under 
        subsection (a)(2).
            ``(2) Coordination.--The restoration plan described in 
        paragraph (1) shall, to the maximum extent practicable, consider 
        and avoid duplication of any ongoing or planned actions of other 
        Federal, State, and local agencies and nongovernmental 
        organizations.
            ``(3) Prioritization.--The restoration plan described in 
        paragraph (1) shall give priority to projects eligible under 
        subsection (a)(2) that will also improve water quality or 
        quantity or use natural hydrological features and systems.'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``to provide'' and 
                all that follows through the period at the end and 
                inserting ``for the design and construction of a project 
                carried out

[[Page 128 STAT. 1318]]

                pursuant to the comprehensive Chesapeake Bay restoration 
                plan described in subsection (b).'';
                    (B) in paragraph (2)(A), by striking ``facilities or 
                resource protection and development plan'' and inserting 
                ``resource protection and restoration plan''; and
                    (C) by adding at the end the following:
            ``(3) Projects on federal land.--A project carried out 
        pursuant to the comprehensive Chesapeake Bay restoration plan 
        described in subsection (b) that is located on Federal land 
        shall be carried out at the expense of the Federal agency that 
        owns the land on which the project will be a carried out.
            ``(4) Non-federal contributions.--A Federal agency carrying 
        out a project described in paragraph (3) may accept 
        contributions of funds from non-Federal entities to carry out 
        that project.'';
            (4) by striking subsection (e) and inserting the following:

    ``(e) Cooperation.--In carrying out this section, the Secretary 
shall cooperate with--
            ``(1) the heads of appropriate Federal agencies, including--
                    ``(A) the Administrator of the Environmental 
                Protection Agency;
                    ``(B) the Secretary of Commerce, acting through the 
                Administrator of the National Oceanographic and 
                Atmospheric Administration;
                    ``(C) the Secretary of the Interior, acting through 
                the Director of the United States Fish and Wildlife 
                Service; and
                    ``(D) the heads of such other Federal agencies as 
                the Secretary determines to be appropriate; and
            ``(2) agencies of a State or political subdivision of a 
        State, including the Chesapeake Bay Commission.'';
            (5) by striking subsection (f) and inserting the following:

    ``(f) Projects.--The Secretary shall establish, to the maximum 
extent practicable, at least 1 project under this section in--
            ``(1) <<NOTE: State listing.>>  regions within the 
        Chesapeake Bay watershed of each of the basin States of 
        Delaware, Maryland, New York, Pennsylvania, Virginia, and West 
        Virginia; and
            ``(2) the District of Columbia.'';
            (6) by striking subsection (h); and
            (7) by redesignating subsection (i) as subsection (h).

    (b) Chesapeake Bay Oyster Restoration.--Section 704(b) of Water 
Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended--
            (1) in paragraph (1), by striking ``$50,000,000'' and 
        inserting ``$60,000,000''; and
            (2) in paragraph (4), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Form.--The non-Federal share may be provided 
                through in-kind services, including--
                          ``(i) the provision by the non-Federal 
                      interest of shell stock material that is 
                      determined by the Secretary to be suitable for use 
                      in carrying out the project; and
                          ``(ii) in the case of a project carried out 
                      under paragraph (2)(D) after the date of enactment 
                      of this

[[Page 128 STAT. 1319]]

                      clause, land conservation or restoration efforts 
                      undertaken by the non-Federal interest that the 
                      Secretary determines provide water quality 
                      benefits that--
                                    ``(I) enhance the viability of 
                                oyster restoration efforts;
                                    ``(II) are integral to the project; 
                                and
                                    ``(III) are cost effective.''.
SEC. 4011. LOUISIANA COASTAL AREA.

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

    (c) Science and Technology.--Section 7006(a)(2) of the Water 
Resources Development Act of 2007 (121 Stat. 1274) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) to examine a systemwide approach to coastal 
                sustainability;''.
SEC. 4012. RED RIVER BASIN.

    (a) <<NOTE: Contracts.>>  In General.--In the case of a reservoir 
located within the Red River Basin for which the Department of the Army 
is authorized to provide for municipal and industrial water supply 
storage and irrigation storage, the Secretary may reassign unused 
irrigation storage to storage for municipal and industrial water supply 
for use by a State or local interest that has entered into an agreement 
with the Secretary for water supply storage at that reservoir prior to 
the date of enactment of this Act.

[[Page 128 STAT. 1320]]

    (b) Administration.--Any assignment under subsection (a) shall be 
subject to such terms and conditions as the Secretary determines to be 
appropriate and necessary in the public interest.
SEC. 4013. TECHNICAL CORRECTIONS.

    (a) Raritan River.--Section 102 of the Energy and Water Development 
Appropriations Act, 1998 (Public Law 105-62; 111 Stat. 1327), is 
repealed.
    (b) Des Moines, Boone, and Raccoon Rivers.--The boundaries for the 
project referred to as the Des Moines Recreational River and Greenbelt, 
Iowa, under the heading ``corps of engineers--civil'' under the heading 
``Department of the Army'' under the heading ``DEPARTMENT OF DEFENSE--
CIVIL'' in chapter IV of title I of the Supplemental Appropriations Act, 
1985 (99 Stat. 313), are revised to include the entirety of sections 19 
and 29, situated in T. 89 N., R. 28 W.
    (c) South Florida Coastal Area.--Section 109 of title I of division 
B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-221; 
121 Stat. 1217) is amended--
            (1) in subsection (a), by inserting ``and unincorporated 
        communities'' after ``municipalities'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by inserting after subsection (e) the following:

    ``(f) Priority.--In providing assistance under this section, the 
Secretary shall give priority to projects sponsored by current non-
Federal interests, incorporated communities in Monroe County, Monroe 
County, and the State of Florida.''.
    (d) Trinity River and Tributaries.--Section 5141(a)(2) of the Water 
Resources Development Act of 2007 (121 Stat. 1253) is amended by 
inserting ``and the Interior Levee Drainage Study Phase-II report, 
Dallas, Texas, dated January 2009,'' after ``September 2006,''.
    (e) Central and Southern Florida Canal.--
            (1) In general.--The Secretary shall consider any amounts 
        and associated program income provided prior to the date of 
        enactment of this Act by the Secretary of the Interior to the 
        non-Federal interest for the acquisition of areas identified in 
        section 316(b)(2) of the Water Resources Development Act of 1996 
        (110 Stat. 3715)--
                    (A) as satisfying the requirements of that 
                paragraph; and
                    (B) as part of the Federal share of the cost of 
                implementing the plan under that subsection.
            (2) Non-federal cost share.--The non-Federal interest shall 
        receive credit for land, easements, rights-of-way, and 
        relocations provided for the project as part of the non-Federal 
        share of the cost of implementing the plan under section 
        316(b)(2) of the Water Resources Development Act of 1996 (110 
        Stat. 3715).
            (3) Conforming amendment.--Section 316(b)(2) of the Water 
        Resources Development Act of 1996 (110 Stat. 3715) is amended in 
        the first sentence by striking ``shall pay'' and inserting ``may 
        pay up to''.

    (f) South Platte River Watershed.--Section 116 of the Energy and 
Water Development and Related Agencies Appropriations Act, 2009 (123 
Stat. 608) is amended in the matter preceding

[[Page 128 STAT. 1321]]

the proviso by inserting ``(or a designee of the Department)'' after 
``Colorado Department of Natural Resources''.
    (g) Potomac River.--Section 84(a) of the Water Resources Development 
Act of 1974 (88 Stat. 35) is amended by striking paragraph (1) and 
inserting the following:
            ``(1) A channel capacity sufficient to pass the 100-year 
        flood event, as identified in the document entitled `Four Mile 
        Run Watershed Feasibility Report' and dated January 2014.''.
SEC. 4014. <<NOTE: 33 USC 2803a.>>  OCEAN AND COASTAL RESILIENCY.

    (a) <<NOTE: Studies.>>  In General.--The Secretary shall conduct 
studies to determine the feasibility of carrying out Corps of Engineers 
projects in coastal zones to enhance ocean and coastal ecosystem 
resiliency.

    (b) Study.--In carrying out the study under subsection (a), the 
Secretary shall--
            (1) as appropriate, coordinate with the heads of other 
        appropriate Federal agencies, the Governors and other chief 
        executive officers of the coastal states, nonprofit 
        organizations, and other interested parties;
            (2) identify Corps of Engineers projects in coastal zones 
        for enhancing ocean and coastal ecosystem resiliency based on an 
        assessment of the need and opportunities for, and feasibility 
        of, the projects;
            (3) to the maximum extent practicable, use any existing 
        Corps of Engineers plans and data; and
            (4) <<NOTE: Deadlines.>>  not later than 365 days after 
        initial appropriations for this section, and every five years 
        thereafter subject to the availability of appropriations, 
        complete a study authorized under subsection (a).

    (c) Disposition.--
            (1) In general.--The Secretary may carry out a project 
        identified in the study pursuant to subsection (a) in accordance 
        with the criteria for projects carried out under one of the 
        following authorities:
                    (A) Section 206(a)-(d) of the Water Resources 
                Development Act of 1996 (33 U.S.C. 2330(a)-(d)).
                    (B) Section 1135(a)-(g) and (i) of the Water 
                Resources Development Act of 1986 (33 U.S.C. 2309a(a)-
                (g) and (i)).
                    (C) Section 3(a)-(b), and (c)(1) of the Act of 
                August, 13 1946 (33 U.S.C. 426g(a)-(b), and (c)(1)).
                    (D) Section 204(a)-(f) of the Water Resources 
                Development Act of 1992 (33 U.S.C. 2326(a)-(f)).
            (2) <<NOTE: Recommenda- tions.>>  Report.--For each project 
        that does not meet the criteria under paragraph (1), the 
        Secretary shall include a recommendation relating to the project 
        in the annual report submitted to Congress by the Secretary in 
        accordance with section 7001.

    (d) Requests for Projects.--The Secretary may carry out a project 
for a coastal state under this section only at the request of the 
Governor or chief executive officer of the coastal state, as 
appropriate.
    (e) Definition.--In this section, the terms ``coastal zone'' and 
``coastal state'' have the meanings given such terms in section 304 of 
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), as in effect 
on the date of enactment of this Act.

[[Page 128 STAT. 1322]]

                 TITLE V--WATER INFRASTRUCTURE FINANCING

        Subtitle A--State Water Pollution Control Revolving Funds

SEC. 5001. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

    Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 
1381(a)) is amended by striking ``for providing assistance'' and all 
that follows through the period at the end and inserting the following: 
``to accomplish the objectives, goals, and policies of this Act by 
providing assistance for projects and activities identified in section 
603(c).''.
SEC. 5002. CAPITALIZATION GRANT AGREEMENTS.

    Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 
1382(b)) is amended--
            (1) in paragraph (6)--
                    (A) by striking ``section 603(c)(1) of'';
                    (B) by striking ``before fiscal'' and all that 
                follows through ``grants under this title and'' and 
                inserting ``with assistance made available by a State 
                water pollution control revolving fund authorized under 
                this title, or'';
                    (C) by inserting ``, or both,'' after ``205(m) of 
                this Act''; and
                    (D) by striking ``201(b)'' and all that follows 
                through ``511(c)(1),'' and inserting ``511(c)(1)'';
            (2) in paragraph (9), by striking ``standards; and'' and 
        inserting ``standards, including standards relating to the 
        reporting of infrastructure assets;'';
            (3) in paragraph (10), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(11) the State will establish, maintain, invest, and 
        credit the fund with repayments, such that the fund balance will 
        be available in perpetuity for activities under this Act;
            ``(12) any fees charged by the State to recipients of 
        assistance that are considered program income will be used for 
        the purpose of financing the cost of administering the fund or 
        financing projects or activities eligible for assistance from 
        the fund;
            ``(13) <<NOTE: Effective date. Certification.>>  beginning 
        in fiscal year 2016, the State will require as a condition of 
        providing assistance to a municipality or intermunicipal, 
        interstate, or State agency that the recipient of such 
        assistance certify, in a manner determined by the Governor of 
        the State, that the recipient--
                    ``(A) has studied and evaluated the cost and 
                effectiveness of the processes, materials, techniques, 
                and technologies for carrying out the proposed project 
                or activity for which assistance is sought under this 
                title; and
                    ``(B) has selected, to the maximum extent 
                practicable, a project or activity that maximizes the 
                potential for efficient water use, reuse, recapture, and 
                conservation, and energy conservation, taking into 
                account--
                          ``(i) the cost of constructing the project or 
                      activity;

[[Page 128 STAT. 1323]]

                          ``(ii) the cost of operating and maintaining 
                      the project or activity over the life of the 
                      project or activity; and
                          ``(iii) the cost of replacing the project or 
                      activity; and
            ``(14) <<NOTE: Contracts.>>  a contract to be carried out 
        using funds directly made available by a capitalization grant 
        under this title for program management, construction 
        management, feasibility studies, preliminary engineering, 
        design, engineering, surveying, mapping, or architectural 
        related services shall be negotiated in the same manner as a 
        contract for architectural and engineering services is 
        negotiated under chapter 11 of title 40, United States Code, or 
        an equivalent State qualifications-based requirement (as 
        determined by the Governor of the State).''.
SEC. 5003. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 
1383) is amended--
            (1) by striking subsection (c) and inserting the following:

    ``(c) Projects and Activities Eligible for Assistance.--The amounts 
of funds available to each State water pollution control revolving fund 
shall be used only for providing financial assistance--
            ``(1) to any municipality or intermunicipal, interstate, or 
        State agency for construction of publicly owned treatment works 
        (as defined in section 212);
            ``(2) for the implementation of a management program 
        established under section 319;
            ``(3) for development and implementation of a conservation 
        and management plan under section 320;
            ``(4) for the construction, repair, or replacement of 
        decentralized wastewater treatment systems that treat municipal 
        wastewater or domestic sewage;
            ``(5) for measures to manage, reduce, treat, or recapture 
        stormwater or subsurface drainage water;
            ``(6) to any municipality or intermunicipal, interstate, or 
        State agency for measures to reduce the demand for publicly 
        owned treatment works capacity through water conservation, 
        efficiency, or reuse;
            ``(7) for the development and implementation of watershed 
        projects meeting the criteria set forth in section 122;
            ``(8) to any municipality or intermunicipal, interstate, or 
        State agency for measures to reduce the energy consumption needs 
        for publicly owned treatment works;
            ``(9) for reusing or recycling wastewater, stormwater, or 
        subsurface drainage water;
            ``(10) for measures to increase the security of publicly 
        owned treatment works; and
            ``(11) to any qualified nonprofit entity, as determined by 
        the Administrator, to provide assistance to owners and operators 
        of small and medium publicly owned treatment works--
                    ``(A) to plan, develop, and obtain financing for 
                eligible projects under this subsection, including 
                planning, design, and associated preconstruction 
                activities; and
                    ``(B) to assist such treatment works in achieving 
                compliance with this Act.'';

[[Page 128 STAT. 1324]]

            (2) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``20 
                      years'' and inserting ``the lesser of 30 years and 
                      the projected useful life (as determined by the 
                      State) of the project to be financed with the 
                      proceeds of the loan'';
                          (ii) in subparagraph (B), by striking ``not 
                      later than 20 years after project completion'' and 
                      inserting ``upon the expiration of the term of the 
                      loan'';
                          (iii) in subparagraph (C), by striking ``and'' 
                      at the end;
                          (iv) in subparagraph (D), by inserting ``and'' 
                      after the semicolon at the end; and
                          (v) by adding at the end the following:
                    ``(E) for a treatment works proposed for repair, 
                replacement, or expansion, and eligible for assistance 
                under subsection (c)(1), the recipient of a loan shall--
                          ``(i) develop and implement a fiscal 
                      sustainability plan that includes--
                                    ``(I) an inventory of critical 
                                assets that are a part of the treatment 
                                works;
                                    ``(II) an evaluation of the 
                                condition and performance of inventoried 
                                assets or asset groupings;
                                    ``(III) a certification that the 
                                recipient has evaluated and will be 
                                implementing water and energy 
                                conservation efforts as part of the 
                                plan; and
                                    ``(IV) a plan for maintaining, 
                                repairing, and, as necessary, replacing 
                                the treatment works and a plan for 
                                funding such activities; or
                          ``(ii) certify that the recipient has 
                      developed and implemented a plan that meets the 
                      requirements under clause (i);''; and
                    (B) in paragraph (7), by inserting ``, $400,000 per 
                year, or \1/5\ percent per year of the current valuation 
                of the fund, whichever amount is greatest, plus the 
                amount of any fees collected by the State for such 
                purpose regardless of the source'' before the period at 
                the end; and
            (3) by adding at the end the following:

    ``(i) Additional Subsidization.--
            ``(1) In general.--In any case in which a State provides 
        assistance to a municipality or intermunicipal, interstate, or 
        State agency under subsection (d), the State may provide 
        additional subsidization, including forgiveness of principal and 
        negative interest loans--
                    ``(A) to benefit a municipality that--
                          ``(i) meets the affordability criteria of the 
                      State established under paragraph (2); or
                          ``(ii) does not meet the affordability 
                      criteria of the State if the recipient--
                                    ``(I) seeks additional subsidization 
                                to benefit individual ratepayers in the 
                                residential user rate class;
                                    ``(II) demonstrates to the State 
                                that such ratepayers will experience a 
                                significant hardship from the increase 
                                in rates necessary to finance the

[[Page 128 STAT. 1325]]

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

[[Page 128 STAT. 1326]]

                      States under this title exceeds $1,000,000,000 by 
                      a percentage that is less than 30 percent, clause 
                      (i) shall be applied by substituting that 
                      percentage for 30 percent.
                    ``(C) Applicability.--The authority of a State to 
                provide additional subsidization under this subsection 
                shall apply to amounts received by the State in 
                capitalization grants under this title for fiscal years 
                beginning after September 30, 2014.
                    ``(D) Consideration.--If the State provides 
                additional subsidization to a municipality or 
                intermunicipal, interstate, or State agency under this 
                subsection that meets the criteria under paragraph 
                (1)(A), the State shall take the criteria set forth in 
                section 602(b)(5) into consideration.''.
SEC. 5004. REQUIREMENTS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:
``SEC. 608. <<NOTE: 33 USC 1388.>>  REQUIREMENTS.

    ``(a) In General.--Funds made available from a State water pollution 
control revolving fund established under this title may not be used for 
a project for the construction, alteration, maintenance, or repair of 
treatment works unless all of the iron and steel products used in the 
project are produced in the United States.
    ``(b) Definition of Iron and Steel Products.--In this section, the 
term `iron and steel products' means the following products made 
primarily of iron or steel: lined or unlined pipes and fittings, manhole 
covers and other municipal castings, hydrants, tanks, flanges, pipe 
clamps and restraints, valves, structural steel, reinforced precast 
concrete, construction materials.
    ``(c) Application.--Subsection (a) shall not apply in any case or 
category of cases in which the Administrator finds that--
            ``(1) applying subsection (a) would be inconsistent with the 
        public interest;
            ``(2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities and of 
        a satisfactory quality; or
            ``(3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.

    ``(d) <<NOTE: Public information. Records. Time period.>>  Waiver.--
If the Administrator receives a request for a waiver under this section, 
the Administrator shall make available to the public, on an informal 
basis, a copy of the request and information available to the 
Administrator concerning the request, and shall allow for informal 
public input on the request for at least 15 days prior to making a 
finding based on the request. The <<NOTE: Web posting.>> Administrator 
shall make the request and accompanying information available by 
electronic means, including on the official public Internet site of the 
Environmental Protection Agency.

    ``(e) <<NOTE: Applicability.>>  International Agreements.--This 
section shall be applied in a manner consistent with United States 
obligations under international agreements.

    ``(f) Management and Oversight.--The Administrator may retain up to 
0.25 percent of the funds appropriated for this title for management and 
oversight of the requirements of this section.

[[Page 128 STAT. 1327]]

    ``(g) Effective Date.--This section does not apply with respect to a 
project if a State agency approves the engineering plans and 
specifications for the project, in that agency's capacity to approve 
such plans and specifications prior to a project requesting bids, prior 
to the date of enactment of the Water Resources Reform and Development 
Act of 2014.''.
SEC. 5005. REPORT ON THE ALLOTMENT OF FUNDS.

    (a) Review.--The Administrator of the Environmental Protection 
Agency shall conduct a review of the allotment formula in effect on the 
date of enactment of this Act for allocation of funds authorized under 
title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et 
seq.) to determine whether that formula adequately addresses the water 
quality needs of eligible States, territories, and Indian tribes, based 
on--
            (1) the most recent survey of needs developed by the 
        Administrator under section 516(b) of that Act (33 U.S.C. 
        1375(b)); and
            (2) any other information the Administrator considers 
        appropriate.

    (b) <<NOTE: Public information.>>  Report.--Not later than 18 months 
after the date of enactment of this Act, the Administrator shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and make publicly available a report on the results of 
the review under subsection (a), including any recommendations for 
changing the allotment formula.
SEC. 5006. <<NOTE: 33 USC 1381 note.>>  EFFECTIVE DATE.

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

                     Subtitle B--General Provisions

SEC. 5011. WATERSHED PILOT PROJECTS.

    Section 122 of the Federal Water Pollution Control Act (33 U.S.C. 
1274) is amended--
            (1) in the section heading, by striking ``wet weather'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``for treatment works'' and 
                      inserting ``to a municipality or municipal 
                      entity''; and
                          (ii) by striking ``of wet weather discharge 
                      control'';
                    (B) in paragraph (2), by striking ``in reducing such 
                pollutants'' and all that follows before the period at 
                the end and inserting ``to manage, reduce, treat, 
                recapture, or reuse municipal stormwater, including 
                techniques that utilize infiltration, 
                evapotranspiration, and reuse of stormwater onsite''; 
                and
                    (C) by adding at the end the following:
            ``(3) Watershed partnerships.--Efforts of municipalities and 
        property owners to demonstrate cooperative ways to address 
        nonpoint sources of pollution to reduce adverse impacts on water 
        quality.
            ``(4) Integrated water resource plan.--The development of an 
        integrated water resource plan for the coordinated management 
        and protection of surface water, ground water,

[[Page 128 STAT. 1328]]

        and stormwater resources on a watershed or subwatershed basis to 
        meet the objectives, goals, and policies of this Act.
            ``(5) Municipality-wide stormwater management planning.--The 
        development of a municipality-wide plan that identifies the most 
        effective placement of stormwater technologies and management 
        approaches, to reduce water quality impairments from stormwater 
        on a municipality-wide basis.
            ``(6) Increased resilience of treatment works.--Efforts to 
        assess future risks and vulnerabilities of publicly owned 
        treatment works to manmade or natural disasters, including 
        extreme weather events and sea-level rise, and to carry out 
        measures, on a systemwide or area-wide basis, to increase the 
        resiliency of publicly owned treatment works.'';
            (3) by striking subsection (c);
            (4) by redesignating subsection (d) as subsection (c); and
            (5) in subsection (c) (as so redesignated) by striking ``5 
        years after the date of enactment of this section,'' and 
        inserting ``October 1, 2015,''.
SEC. 5012. DEFINITION OF TREATMENT WORKS.

    (a) Grants for Construction of Treatment Works.--Section 212(2)(A) 
of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is 
amended--
            (1) by striking ``any works, including site'';
            (2) by striking ``is used for ultimate'' and inserting 
        ``will be used for ultimate''; and
            (3) by inserting before the period at the end the following: 
        ``and acquisition of other land, and interests in land, that are 
        necessary for construction''.

    (b) Definitions.--Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end the following:
            ``(26) Treatment works.--The term `treatment works' has the 
        meaning given the term in section 212.''.

    (c) <<NOTE: 33 USC 1292 note.>>  Effective Date.--The amendments 
made by this section shall take effect on October 1, 2014.
SEC. 5013. FUNDING FOR INDIAN PROGRAMS.

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

[[Page 128 STAT. 1329]]

                    ``(B) former Indian reservations in Oklahoma (as 
                determined by the Secretary of the Interior); and
                    ``(C) Native villages (as defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602)).''.
SEC. 5014. <<NOTE: 33 USC 2201 note.>>  WATER INFRASTRUCTURE 
                          PUBLIC-PRIVATE PARTNERSHIP PILOT 
                          PROGRAM.

    (a) In General.--The Secretary shall establish a pilot program to 
evaluate the cost effectiveness and project delivery efficiency of 
allowing non-Federal pilot applicants to carry out authorized water 
resources development projects for coastal harbor improvement, channel 
improvement, inland navigation, flood damage reduction, aquatic 
ecosystem restoration, and hurricane and storm damage reduction.
    (b) Purposes.--The purposes of the pilot program established under 
subsection (a) are--
            (1) to identify cost-saving project delivery alternatives 
        that reduce the backlog of authorized Corps of Engineers 
        projects; and
            (2) to evaluate the technical, financial, and organizational 
        benefits of allowing a non-Federal pilot applicant to carry out 
        and manage the design or construction (or both) of 1 or more of 
        such projects.

    (c) Subsequent Appropriations.--Any activity undertaken under this 
section is authorized only to the extent specifically provided for in 
subsequent appropriations Acts.
    (d) Administration.--In carrying out the pilot program established 
under subsection (a), the Secretary shall--
            (1) identify for inclusion in the program at least 15 
        projects that are authorized for construction for coastal harbor 
        improvement, channel improvement, inland navigation, flood 
        damage reduction, or hurricane and storm damage reduction;
            (2) <<NOTE: Notification.>>  notify in writing the Committee 
        on Environment and Public Works of the Senate and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives of each project identified under paragraph (1);
            (3) <<NOTE: Consultation. Plan.>>  in consultation with the 
        non-Federal pilot applicant associated with each project 
        identified under paragraph (1), develop a detailed project 
        management plan for the project that outlines the scope, 
        financing, budget, design, and construction resource 
        requirements necessary for the non-Federal pilot applicant to 
        execute the project, or a separable element of the project;
            (4) <<NOTE: Contracts.>>  at the request of the non-Federal 
        pilot applicant associated with each project identified under 
        paragraph (1), enter into a project partnership agreement with 
        the non-Federal pilot applicant under which the non-Federal 
        pilot applicant is provided full project management control for 
        the financing, design, or construction (or any combination 
        thereof) of the project, or a separable element of the project, 
        in accordance with plans approved by the Secretary;
            (5) following execution of a project partnership agreement 
        under paragraph (4) and completion of all work under the 
        agreement, issue payment, in accordance with subsection (g), to 
        the relevant non-Federal pilot applicant for that work; and
            (6) <<NOTE: Audit.>>  regularly monitor and audit each 
        project carried out under the program to ensure that all 
        activities related to the

[[Page 128 STAT. 1330]]

        project are carried out in compliance with plans approved by the 
        Secretary and that construction costs are reasonable.

    (e) Selection Criteria.--In identifying projects under subsection 
(d)(1), the Secretary shall consider the extent to which the project--
            (1) is significant to the economy of the United States;
            (2) leverages Federal investment by encouraging non-Federal 
        contributions to the project;
            (3) employs innovative project delivery and cost-saving 
        methods;
            (4) received Federal funds in the past and experienced 
        delays or missed scheduled deadlines;
            (5) has unobligated Corps of Engineers funding balances; and
            (6) has not received Federal funding for recapitalization 
        and modernization since the project was authorized.

    (f) <<NOTE: Deadline.>>  Detailed Project Schedule.--Not later than 
180 days after entering into a project partnership agreement under 
subsection (d)(4), a non-Federal pilot applicant, to the maximum extent 
practicable, shall submit to the Secretary a detailed project schedule 
for the relevant project, based on estimated funding levels, that 
specifies deadlines for each milestone with respect to the project.

    (g) Payment.--Payment to the non-Federal pilot applicant for work 
completed pursuant to a project partnership agreement under subsection 
(d)(4) may be made from--
            (1) if applicable, the balance of the unobligated amounts 
        appropriated for the project; and
            (2) other amounts appropriated to the Corps of Engineers, 
        subject to the condition that the total amount transferred to 
        the non-Federal pilot applicant may not exceed the estimate of 
        the Federal share of the cost of construction, including any 
        required design.

    (h) <<NOTE: Contracts.>>  Technical Assistance.--At the request of a 
non-Federal pilot applicant participating in the pilot program 
established under subsection (a), the Secretary may provide to the non-
Federal pilot applicant, if the non-Federal pilot applicant contracts 
with and compensates the Secretary, technical assistance with respect 
to--
            (1) a study, engineering activity, or design activity 
        related to a project carried out by the non-Federal pilot 
        applicant under the program; and
            (2) obtaining permits necessary for such a project.

    (i) Identification of Impediments.--
            (1) In general.--The Secretary shall--
                    (A) except as provided in paragraph (2), identify 
                any procedural requirements under the authority of the 
                Secretary that impede greater use of public-private 
                partnerships and private investment in water resources 
                development projects;
                    (B) <<NOTE: Procedures.>>  develop and implement, on 
                a project-by-project basis, procedures and approaches 
                that--
                          (i) address such impediments; and
                          (ii) protect the public interest and any 
                      public investment in water resources development 
                      projects that involve public-private partnerships 
                      or private investment in water resources 
                      development projects; and

[[Page 128 STAT. 1331]]

                    (C) <<NOTE: Deadline. Regulations.>>  not later than 
                1 year after the date of enactment of this section, 
                issue rules to carry out the procedures and approaches 
                developed under subparagraph (B).
            (2) Rule of construction.--Nothing in this section allows 
        the Secretary to waive any requirement under--
                    (A) sections 3141 through 3148 and sections 3701 
                through 3708 of title 40, United States Code;
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); or
                    (C) any other provision of Federal law.

    (j) Public Benefit Studies.--
            (1) <<NOTE: Assessment.>>  In general.--Before entering into 
        a project partnership agreement under subsection (d)(4), the 
        Secretary shall conduct an assessment of whether, and provide 
        justification in writing to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives that, the 
        proposed agreement provides better public and financial benefits 
        than a similar transaction using public funding or financing.
            (2) Requirements.--An assessment under paragraph (1) shall--
                    (A) <<NOTE: Time period.>>  be completed in a period 
                of not more than 90 days;
                    (B) take into consideration any supporting materials 
                and data submitted by the relevant non-Federal pilot 
                applicant and other stakeholders; and
                    (C) <<NOTE: Determination.>>  determine whether the 
                proposed project partnership agreement is in the public 
                interest by determining whether the agreement will 
                provide public and financial benefits, including 
                expedited project delivery and savings for taxpayers.

    (k) Non-Federal Funding.--The non-Federal pilot applicant may 
finance the non-Federal share of a project carried out under the pilot 
program established under subsection (a).
    (l) Applicability of Federal Law.--Any provision of Federal law that 
would apply to the Secretary if the Secretary were carrying out a 
project shall apply to a non-Federal pilot applicant carrying out a 
project under this section.
    (m) Cost Share.--Nothing in this section affects a cost-sharing 
requirement under Federal law that is applicable to a project carried 
out under the pilot program established under subsection (a).
    (n) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Environment and 
Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives and make publicly 
available a report describing the results of the pilot program 
established under subsection (a), including any recommendations of the 
Secretary concerning whether the program or any component of the program 
should be implemented on a national basis.
    (o) Non-Federal Pilot Applicant Defined.--In this section, the term 
``non-Federal pilot applicant'' means--
            (1) the non-Federal sponsor of the water resources 
        development project;
            (2) a non-Federal interest, as defined in section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1982d-5b); or

[[Page 128 STAT. 1332]]

            (3) a private entity with the consent of the local 
        government in which the project is located or that is otherwise 
        affected by the project.

 Subtitle C <<NOTE: Water Infrastructure Finance and Innovation Act of 
2014.>> --Innovative Financing Pilot Projects
SEC. 5021. <<NOTE: 33 USC 3901 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Water Infrastructure Finance and 
Innovation Act of 2014''.
SEC. 5022. <<NOTE: 33 USC 3901.>>  DEFINITIONS.

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

[[Page 128 STAT. 1333]]

        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            (10) Secured loan.--The term ``secured loan'' means a direct 
        loan or other debt obligation issued by an obligor and funded by 
        the Secretary or Administrator, as applicable, in connection 
        with the financing of a project under section 5029.
            (11) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (12) State infrastructure financing authority.--The term 
        ``State infrastructure financing authority'' means the State 
        entity established or designated by the Governor of a State to 
        receive a capitalization grant provided by, or otherwise carry 
        out the requirements of, title VI of the Federal Water Pollution 
        Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the 
        Safe Drinking Water Act (42 U.S.C. 300j-12).
            (13) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, as calculated on a net present value basis, 
        excluding administrative costs and any incidental effects on 
        governmental receipts or outlays in accordance with the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
            (14) Substantial completion.--The term ``substantial 
        completion'', with respect to a project, means the earliest date 
        on which a project is considered to perform the functions for 
        which the project is designed.
            (15) Treatment works.--The term ``treatment works'' has the 
        meaning given the term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).
SEC. 5023. <<NOTE: 33 USC 3902.>>  AUTHORITY TO PROVIDE 
                          ASSISTANCE.

    (a) In General.--The Secretary and the Administrator may provide 
financial assistance under this subtitle to carry out pilot projects, 
which shall be selected to ensure a diversity of project types and 
geographical locations.
    (b) Responsibility.--
            (1) Secretary.--The Secretary shall carry out all pilot 
        projects under this subtitle that are eligible projects under 
        section 5026(1).
            (2) Administrator.--The Administrator shall carry out all 
        pilot projects under this subtitle that are eligible projects 
        under paragraphs (2), (3), (4), (5), (6), and (8) of section 
        5026.
            (3) Other projects.--The Secretary or the Administrator, as 
        applicable, may carry out eligible projects under paragraph (7) 
        or (9) of section 5026.
SEC. <<NOTE: 33 USC 3903.>>  5024. APPLICATIONS.

    (a) In General.--To receive assistance under this subtitle, an 
eligible entity shall submit to the Secretary or the Administrator, as 
applicable, an application at such time, in such manner, and containing 
such information as the Secretary or the Administrator may require.

[[Page 128 STAT. 1334]]

    (b) Combined Projects.--In the case of an eligible project described 
in paragraph (8) or (9) of section 5026, the Secretary or the 
Administrator, as applicable, shall require the eligible entity to 
submit a single application for the combined group of projects.
SEC. 5025. <<NOTE: 33 USC 3904.>>  ELIGIBLE ENTITIES.

    The following entities are eligible to receive assistance under this 
subtitle:
            (1) A corporation.
            (2) A partnership.
            (3) A joint venture.
            (4) A trust.
            (5) A Federal, State, or local governmental entity, agency, 
        or instrumentality.
            (6) A tribal government or consortium of tribal governments.
            (7) A State infrastructure financing authority.
SEC. 5026. <<NOTE: 33 USC 3905.>>  PROJECTS ELIGIBLE FOR 
                          ASSISTANCE.

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

[[Page 128 STAT. 1335]]

            (8) A combination of projects, each of which is eligible 
        under paragraph (2) or (3), for which a State infrastructure 
        financing authority submits to the Administrator a single 
        application.
            (9) A combination of projects secured by a common security 
        pledge, each of which is eligible under paragraph (1), (2), (3), 
        (4), (5), (6), or (7), for which an eligible entity, or a 
        combination of eligible entities, submits a single application.
SEC. 5027. <<NOTE: 33 USC 3906.>>  ACTIVITIES ELIGIBLE FOR 
                          ASSISTANCE.

    For purposes of this subtitle, an eligible activity with respect to 
an eligible project includes the cost of--
            (1) development-phase activities, including planning, 
        feasibility analysis (including any related analysis necessary 
        to carry out an eligible project), revenue forecasting, 
        environmental review, permitting, preliminary engineering and 
        design work, and other preconstruction activities;
            (2) construction, reconstruction, rehabilitation, and 
        replacement activities;
            (3) the acquisition of real property or an interest in real 
        property (including water rights, land relating to the project, 
        and improvements to land), environmental mitigation (including 
        acquisitions pursuant to section 5026(7)), construction 
        contingencies, and acquisition of equipment; and
            (4) capitalized interest necessary to meet market 
        requirements, reasonably required reserve funds, capital 
        issuance expenses, and other carrying costs during construction.
SEC. 5028. <<NOTE: 33 USC 3907.>>  DETERMINATION OF ELIGIBILITY 
                          AND PROJECT SELECTION.

    (a) <<NOTE: Criteria.>>  Eligibility Requirements.--To be eligible 
to receive financial assistance under this subtitle, a project shall 
meet the following criteria, as determined by the Secretary or 
Administrator, as applicable:
            (1) Creditworthiness.--
                    (A) In general.--The project and obligor shall be 
                creditworthy, which shall be determined by the Secretary 
                or the Administrator, as applicable.
                    (B) Considerations.--In determining the 
                creditworthiness of a project and obligor, the Secretary 
                or the Administrator, as applicable, shall take into 
                consideration relevant factors, including--
                          (i) the terms, conditions, financial 
                      structure, and security features of the proposed 
                      financing;
                          (ii) the dedicated revenue sources that will 
                      secure or fund the project obligations;
                          (iii) the financial assumptions upon which the 
                      project is based; and
                          (iv) the financial soundness and credit 
                      history of the obligor.
                    (C) Security features.--The Secretary or the 
                Administrator, as applicable, shall ensure that any 
                financing for the project has appropriate security 
                features, such as a rate covenant, supporting the 
                project obligations to ensure repayment.
                    (D) Rating opinion letters.--
                          (i) Preliminary rating opinion letter.--The 
                      Secretary or the Administrator, as applicable, 
                      shall

[[Page 128 STAT. 1336]]

                      require each project applicant to provide, at the 
                      time of application, a preliminary rating opinion 
                      letter from at least 1 rating agency indicating 
                      that the senior obligations of the project (which 
                      may be the Federal credit instrument) have the 
                      potential to achieve an investment-grade rating.
                          (ii) Final rating opinion letters.--The 
                      Secretary or the Administrator, as applicable, 
                      shall require each project applicant to provide, 
                      prior to final acceptance and financing of the 
                      project, final rating opinion letters from at 
                      least 2 rating agencies indicating that the senior 
                      obligations of the project have an investment-
                      grade rating.
                    (E) Special rule for certain combined projects.--
                The <<NOTE: Process.>> Administrator shall develop a 
                credit evaluation process for a Federal credit 
                instrument provided to a State infrastructure financing 
                authority for a project under section 5026(8) or an 
                entity for a project under section 5026(9), which may 
                include requiring the provision of a final rating 
                opinion letter from at least 2 rating agencies.
            (2) Eligible project costs.--
                    (A) In general.--Subject to subparagraph (B), the 
                eligible project costs of a project shall be reasonably 
                anticipated to be not less than $20,000,000.
                    (B) Small community water infrastructure projects.--
                For a project described in paragraph (2) or (3) of 
                section 5026 that serves a community of not more than 
                25,000 individuals, the eligible project costs of a 
                project shall be reasonably anticipated to be not less 
                than $5,000,000.
            (3) Dedicated revenue sources.--The Federal credit 
        instrument for the project shall be repayable, in whole or in 
        part, from dedicated revenue sources that also secure the 
        project obligations.
            (4) Public sponsorship of private entities.--
                    (A) In general.--If an eligible project is carried 
                out by an entity that is not a State or local government 
                or an agency or instrumentality of a State or local 
                government or a tribal government or consortium of 
                tribal governments, the project shall be publicly 
                sponsored.
                    (B) <<NOTE: Consultation.>>  Public sponsorship.--
                For purposes of this subtitle, a project shall be 
                considered to be publicly sponsored if the obligor can 
                demonstrate, to the satisfaction of the Secretary or the 
                Administrator, as appropriate, that the project 
                applicant has consulted with the affected State, local, 
                or tribal government in which the project is located, or 
                is otherwise affected by the project, and that such 
                government supports the proposed project.
            (5) Limitation.--No project receiving Federal credit 
        assistance under this subtitle may be financed (directly or 
        indirectly), in whole or in part, with proceeds of any 
        obligation--
                    (A) the interest on which is exempt from the tax 
                imposed under chapter 1 of the Internal Revenue Code of 
                1986; or
                    (B) with respect to which credit is allowable under 
                subpart I or J of part IV of subchapter A of chapter 1 
                of such Code.

[[Page 128 STAT. 1337]]

            (6) Use of existing financing mechanisms.--
                    (A) <<NOTE: Deadline.>>  Notification.--For each 
                eligible project for which the Administrator has 
                authority under paragraph (2) or (3) of section 5023(b) 
                and for which the Administrator has received an 
                application for financial assistance under this 
                subtitle, the Administrator shall notify, not later than 
                30 days after the date on which the Administrator 
                receives a complete application, the applicable State 
                infrastructure financing authority of the State in which 
                the project is located that such application has been 
                submitted.
                    (B) <<NOTE: Deadlines.>>  Determination.--If, not 
                later than 60 days after the date of receipt of a 
                notification under subparagraph (A), a State 
                infrastructure financing authority notifies the 
                Administrator that the State infrastructure financing 
                authority intends to commit funds to the project in an 
                amount that is equal to or greater than the amount 
                requested under the application, the Administrator may 
                not provide any financial assistance for that project 
                under this subtitle unless--
                          (i) by the date that is 180 days after the 
                      date of receipt of a notification under 
                      subparagraph (A), the State infrastructure 
                      financing authority fails to enter into an 
                      assistance agreement to provide funds for the 
                      project; or
                          (ii) the financial assistance to be provided 
                      by the State infrastructure financing authority 
                      will be at rates and terms that are less favorable 
                      than the rates and terms for financial assistance 
                      provided under this subtitle.
            (7) Operation and maintenance plan.--
                    (A) <<NOTE: Determination.>>  In general.--The 
                Secretary or the Administrator, as applicable, shall 
                determine whether an applicant for assistance under this 
                subtitle has developed, and identified adequate revenues 
                to implement, a plan for operating, maintaining, and 
                repairing the project over the useful life of the 
                project.
                    (B) Special rule.--An eligible project described in 
                section 5026(1) that has not been specifically 
                authorized by Congress shall not be eligible for Federal 
                assistance for operations and maintenance.

    (b) Selection Criteria.--
            (1) Establishment.--The Secretary or the Administrator, as 
        applicable, shall establish criteria for the selection of 
        projects that meet the eligibility requirements of subsection 
        (a), in accordance with paragraph (2).
            (2) Criteria.--The selection criteria shall include the 
        following:
                    (A) The extent to which the project is nationally or 
                regionally significant, with respect to the generation 
                of economic and public benefits, such as--
                          (i) the reduction of flood risk;
                          (ii) the improvement of water quality and 
                      quantity, including aquifer recharge;
                          (iii) the protection of drinking water, 
                      including source water protection; and
                          (iv) the support of international commerce.

[[Page 128 STAT. 1338]]

                    (B) The extent to which the project financing plan 
                includes public or private financing in addition to 
                assistance under this subtitle.
                    (C) The likelihood that assistance under this 
                subtitle would enable the project to proceed at an 
                earlier date than the project would otherwise be able to 
                proceed.
                    (D) The extent to which the project uses new or 
                innovative approaches.
                    (E) The amount of budget authority required to fund 
                the Federal credit instrument made available under this 
                subtitle.
                    (F) The extent to which the project--
                          (i) protects against extreme weather events, 
                      such as floods or hurricanes; or
                          (ii) helps maintain or protect the 
                      environment.
                    (G) The extent to which a project serves regions 
                with significant energy exploration, development, or 
                production areas.
                    (H) The extent to which a project serves regions 
                with significant water resource challenges, including 
                the need to address--
                          (i) water quality concerns in areas of 
                      regional, national, or international significance;
                          (ii) water quantity concerns related to 
                      groundwater, surface water, or other water 
                      sources;
                          (iii) significant flood risk;
                          (iv) water resource challenges identified in 
                      existing regional, State, or multistate 
                      agreements; or
                          (v) water resources with exceptional 
                      recreational value or ecological importance.
                    (I) The extent to which the project addresses 
                identified municipal, State, or regional priorities.
                    (J) <<NOTE: Deadline.>>  The readiness of the 
                project to proceed toward development, including a 
                demonstration by the obligor that there is a reasonable 
                expectation that the contracting process for 
                construction of the project can commence by not later 
                than 90 days after the date on which a Federal credit 
                instrument is obligated for the project under this 
                subtitle.
                    (K) The extent to which assistance under this 
                subtitle reduces the contribution of Federal assistance 
                to the project.
            (3) Special rule for certain combined projects.--For a 
        project described in section 5026(8), the Administrator shall 
        only consider the criteria described in subparagraphs (B) 
        through (K) of paragraph (2).

    (c) Federal Requirements.--Nothing in this section supersedes the 
applicability of other requirements of Federal law (including 
regulations).
SEC. 5029. <<NOTE: 33 USC 3908.>>  SECURED LOANS.

    (a) Agreements.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary or the Administrator, as applicable, may enter into 
        agreements with 1 or more obligors to make secured loans, the 
        proceeds of which shall be used to finance eligible project 
        costs of any project selected under section 5028.

[[Page 128 STAT. 1339]]

            (2) <<NOTE: Consultation.>>  Financial risk assessment.--
        Before entering into an agreement under this subsection for a 
        secured loan, the Secretary or the Administrator, as applicable, 
        in consultation with the Director of the Office of Management 
        and Budget and each rating agency providing a rating opinion 
        letter under section 5028(a)(1)(D), shall determine an 
        appropriate capital reserve subsidy amount for the secured loan, 
        taking into account each such rating opinion letter.
            (3) Investment-grade rating requirement.--The execution of a 
        secured loan under this section shall be contingent on receipt 
        by the senior obligations of the project of an investment-grade 
        rating.

    (b) Terms and Limitations.--
            (1) <<NOTE: Determination.>>  In general.--A secured loan 
        provided for a project under this section shall be subject to 
        such terms and conditions, and contain such covenants, 
        representations, warranties, and requirements (including 
        requirements for audits), as the Secretary or the Administrator, 
        as applicable, determines to be appropriate.
            (2) Maximum amount.--The amount of a secured loan under this 
        section shall not exceed the lesser of--
                    (A) an amount equal to 49 percent of the reasonably 
                anticipated eligible project costs; and
                    (B) if the secured loan does not receive an 
                investment-grade rating, the amount of the senior 
                project obligations of the project.
            (3) Payment.--A secured loan under this section--
                    (A) shall be payable, in whole or in part, from 
                State or local taxes, user fees, or other dedicated 
                revenue sources that also secure the senior project 
                obligations of the relevant project;
                    (B) shall include a rate covenant, coverage 
                requirement, or similar security feature supporting the 
                project obligations; and
                    (C) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the maturity 
        of the secured loan on the date of execution of the loan 
        agreement.
            (5) Maturity date.--
                    (A) In general.--The final maturity date of a 
                secured loan under this section shall be the earlier 
                of--
                          (i) the date that is 35 years after the date 
                      of substantial completion of the relevant project 
                      (as determined by the Secretary or the 
                      Administrator, as applicable); and
                          (ii) if the useful life of the project (as 
                      determined by the Secretary or Administrator, as 
                      applicable) is less than 35 years, the useful life 
                      the project.
                    (B) <<NOTE: Deadline.>>  Special rule for state 
                infrastructure financing authorities.--The final 
                maturity date of a secured loan to a State 
                infrastructure financing authority under this section 
                shall be not later than 35 years after the date on which 
                amounts are first disbursed.

[[Page 128 STAT. 1340]]

            (6) Nonsubordination.--A secured loan under this section 
        shall not be subordinated to the claims of any holder of project 
        obligations in the event of bankruptcy, insolvency, or 
        liquidation of the obligor of the project.
            (7) Fees.--The Secretary or the Administrator, as 
        applicable, may establish fees at a level sufficient to cover 
        all or a portion of the costs to the Federal Government of 
        making a secured loan under this section.
            (8) Non-federal share.--The proceeds of a secured loan under 
        this section may be used to pay any non-Federal share of project 
        costs required if the loan is repayable from non-Federal funds.
            (9) Maximum federal involvement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), for each project for which assistance is provided 
                under this subtitle, the total amount of Federal 
                assistance shall not exceed 80 percent of the total 
                project cost.
                    (B) Exceptions.--Subparagraph (A) shall not apply to 
                any rural water project--
                          (i) that is authorized to be carried out by 
                      the Secretary of the Interior;
                          (ii) that includes among its beneficiaries a 
                      federally recognized Indian tribe; and
                          (iii) for which the authorized Federal share 
                      of the total project costs is greater than the 
                      amount described in subparagraph (A).

    (c) Repayment.--
            (1) Schedule.--The Secretary or the Administrator, as 
        applicable, shall establish a repayment schedule for each 
        secured loan provided under this section, based on the projected 
        cash flow from project revenues and other repayment sources.
            (2) Commencement.--
                    (A) In general.--Scheduled loan repayments of 
                principal or interest on a secured loan under this 
                section shall commence not later than 5 years after the 
                date of substantial completion of the project (as 
                determined by the Secretary or Administrator, as 
                applicable).
                    (B) Special rule for state infrastructure financing 
                authorities.--Scheduled loan repayments of principal or 
                interest on a secured loan to a State infrastructure 
                financing authority under this subtitle shall commence 
                not later than 5 years after the date on which amounts 
                are first disbursed.
            (3) Deferred payments.--
                    (A) Authorization.--If, at any time after the date 
                of substantial completion of a project for which a 
                secured loan is provided under this section, the project 
                is unable to generate sufficient revenues to pay the 
                scheduled loan repayments of principal and interest on 
                the secured loan, the Secretary or the Administrator, as 
                applicable, subject to subparagraph (C), may allow the 
                obligor to add unpaid principal and interest to the 
                outstanding balance of the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                          (i) continue to accrue interest in accordance 
                      with subsection (b)(4) until fully repaid; and

[[Page 128 STAT. 1341]]

                          (ii) be scheduled to be amortized over the 
                      remaining term of the secured loan.
                    (C) Criteria.--
                          (i) In general.--Any payment deferral under 
                      subparagraph (A) shall be contingent on the 
                      project meeting such criteria as the Secretary or 
                      the Administrator, as applicable, may establish.
                          (ii) Repayment standards.--The criteria 
                      established under clause (i) shall include 
                      standards for reasonable assurance of repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured loan 
                and all deposit requirements under the terms of any 
                trust agreement, bond resolution, or similar agreement 
                securing project obligations may be applied annually to 
                prepay a secured loan under this section without 
                penalty.
                    (B) Use of proceeds of refinancing.--A secured loan 
                under this section may be prepaid at any time without 
                penalty from the proceeds of refinancing from non-
                Federal funding sources.

    (d) Sale of Secured Loans.--
            (1) <<NOTE: Notification. Determination.>>  In general.--
        Subject to paragraph (2), as soon as practicable after the date 
        of substantial completion of a project and after providing a 
        notice to the obligor, the Secretary or the Administrator, as 
        applicable, may sell to another entity or reoffer into the 
        capital markets a secured loan for a project under this section, 
        if the Secretary or the Administrator, as applicable, determines 
        that the sale or reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary or the Administrator, as 
        applicable, may not change the original terms and conditions of 
        the secured loan without the written consent of the obligor.

    (e) Loan Guarantees.--
            (1) <<NOTE: Determination.>>  In general.--The Secretary or 
        the Administrator, as applicable, may provide a loan guarantee 
        to a lender in lieu of making a secured loan under this section, 
        if the Secretary or the Administrator, as applicable, determines 
        that the budgetary cost of the loan guarantee is substantially 
        the same as that of a secured loan.
            (2) Terms.--The terms of a loan guarantee provided under 
        this subsection shall be consistent with the terms established 
        in this section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Secretary or the Administrator, as applicable.
SEC. 5030. <<NOTE: 33 USC 3909.>>  PROGRAM ADMINISTRATION.

    (a) Requirement.--The Secretary or the Administrator, as applicable, 
shall establish a uniform system to service the Federal credit 
instruments made available under this subtitle.
    (b) Fees.--
            (1) In general.--The Secretary or the Administrator, as 
        applicable, may collect and spend fees, contingent on authority

[[Page 128 STAT. 1342]]

        being provided in appropriations Acts, at a level that is 
        sufficient to cover--
                    (A) the costs of services of expert firms retained 
                pursuant to subsection (d); and
                    (B) all or a portion of the costs to the Federal 
                Government of servicing the Federal credit instruments 
                provided under this subtitle.

    (c) Servicer.--
            (1) In general.--The Secretary or the Administrator, as 
        applicable, may appoint a financial entity to assist the 
        Secretary or the Administrator in servicing the Federal credit 
        instruments provided under this subtitle.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Secretary or the Administrator, as 
        applicable.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Secretary or 
        the Administrator, as applicable.

    (d) Assistance From Experts.--The Secretary or the Administrator, as 
applicable, may retain the services, including counsel, of organizations 
and entities with expertise in the field of municipal and project 
finance to assist in the underwriting and servicing of Federal credit 
instruments provided under this subtitle.
    (e) Applicability of Other Laws.--Section 513 of the Federal Water 
Pollution Control Act (33 U.S.C. 1372) applies to the construction of a 
project carried out, in whole or in part, with assistance made available 
through a Federal credit instrument under this subtitle in the same 
manner that section applies to a treatment works for which a grant is 
made available under that Act.
SEC. 5031. STATE, <<NOTE: 33 USC 3910.>>  TRIBAL, AND LOCAL 
                          PERMITS.

    The provision of financial assistance for a project under this 
subtitle shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State, local, or tribal permit 
        or approval with respect to the project;
            (2) limit the right of any unit of State, local, or tribal 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State, local, or tribal law 
        (including any regulation) applicable to the construction or 
        operation of the project.
SEC. 5032. <<NOTE: 33 USC 3911.>>  REGULATIONS.

    The Secretary or the Administrator, as applicable, may promulgate 
such regulations as the Secretary or Administrator determines to be 
appropriate to carry out this subtitle.
SEC. 5033. <<NOTE: 33 USC 3912.>>  FUNDING.

    (a) <<NOTE: Appropriation authorization.>>  In General.--There is 
authorized to be appropriated to each of the Secretary and the 
Administrator to carry out this subtitle, to remain available until 
expended--
            (1) $20,000,000 for fiscal year 2015;
            (2) $25,000,000 for fiscal year 2016;
            (3) $35,000,000 for fiscal year 2017;
            (4) $45,000,000 for fiscal year 2018; and
            (5) $50,000,000 for fiscal year 2019.

[[Page 128 STAT. 1343]]

    (b) Administrative Costs.--Of the funds made available to carry out 
this subtitle, the Secretary or the Administrator, as applicable, may 
use for the administration of this subtitle, including for the provision 
of technical assistance to aid project sponsors in obtaining the 
necessary approvals for the project, not more than $2,200,000 for each 
of fiscal years 2015 through 2019.
    (c) Small Community Water Infrastructure Projects.--
            (1) In general.--For each fiscal year, the Secretary or the 
        Administrator, as applicable, shall set aside not less than 15 
        percent of the amounts made available for that fiscal year under 
        this section for small community water infrastructure projects 
        described in section 5028(a)(2)(B).
            (2) Administration.--Any amounts set aside under paragraph 
        (1) that remain unobligated on June 1 of the fiscal year for 
        which the amounts are set aside shall be available for 
        obligation by the Secretary or the Administrator, as applicable, 
        for projects other than small community water infrastructure 
        projects.

    (d) Additional Funding.--Notwithstanding section 5029(b)(2), the 
Secretary or the Administrator, as applicable, may make available up to 
25 percent of the amounts made available for each fiscal year under this 
section for loans in excess of 49 percent of the total project costs.
SEC. 5034. <<NOTE: 33 USC 3913.>>  REPORTS ON PILOT PROGRAM 
                          IMPLEMENTATION.

    (a) <<NOTE: Web posting.>>  Agency Reporting.--As soon as 
practicable after each fiscal year for which amounts are made available 
to carry out this subtitle, the Secretary and the Administrator shall 
publish on a dedicated, publicly accessible Internet site--
            (1) each application received for assistance under this 
        subtitle; and
            (2) <<NOTE: Lists.>>  a list of the projects selected for 
        assistance under this subtitle, including--
                    (A) a description of each project;
                    (B) the amount of financial assistance provided for 
                each project; and
                    (C) the basis for the selection of each project with 
                respect to the requirements of this subtitle.

    (b) Reports to Congress.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        summarizing for the projects that are receiving, or have 
        received, assistance under this subtitle--
                    (A) the applications received for assistance under 
                this subtitle;
                    (B) the projects selected for assistance under this 
                subtitle, including a description of the projects and 
                the basis for the selection of those projects with 
                respect to the requirements of this subtitle;
                    (C) the type and amount of financial assistance 
                provided for each project selected for assistance under 
                this subtitle;

[[Page 128 STAT. 1344]]

                    (D) <<NOTE: Evaluation.>>  the financial performance 
                of each project selected for assistance under this 
                subtitle, including an evaluation of whether the 
                objectives of this subtitle are being met;
                    (E) the benefits and impacts of implementation of 
                this subtitle, including the public benefit provided by 
                the projects selected for assistance under this 
                subtitle, including, as applicable, water quality and 
                water quantity improvement, the protection of drinking 
                water, and the reduction of flood risk; and
                    (F) <<NOTE: Evaluation.>>  an evaluation of the 
                feasibility of attracting non-Federal public or private 
                financing for water infrastructure projects as a result 
                of the implementation of this subtitle.
            (2) Recommendations.--The report under paragraph (1) shall 
        include--
                    (A) <<NOTE: Evaluation.>>  an evaluation of the 
                impacts (if any) of the limitation under section 
                5028(a)(5) on the ability of eligible entities to 
                finance water infrastructure projects under this 
                subtitle;
                    (B) a recommendation as to whether the objectives of 
                this subtitle would be best served--
                          (i) by continuing the authority of the 
                      Secretary or the Administrator, as applicable, to 
                      provide assistance under this subtitle;
                          (ii) by establishing a Government corporation 
                      or Government-sponsored enterprise to provide 
                      assistance in accordance with this subtitle; or
                          (iii) by terminating the authority of the 
                      Secretary and the Administrator under this 
                      subtitle and relying on the capital markets to 
                      fund the types of infrastructure investments 
                      assisted by this subtitle without Federal 
                      participation; and
                    (C) any proposed changes to improve the efficiency 
                and effectiveness of this subtitle in providing 
                financing for water infrastructure projects, taking into 
                consideration the recommendations made under 
                subparagraphs (A) and (B).
SEC. 5035. <<NOTE: 33 USC 3914.>>  REQUIREMENTS.

    (a) In General.--Except as provided in subsection (c), none of the 
amounts made available under this subtitle may be used for the 
construction, alteration, maintenance, or repair of a project eligible 
for assistance under this subtitle unless all of the iron and steel 
products used in the project are produced in the United States.
    (b) Definition of Iron and Steel Products.--In this section, the 
term ``iron and steel products'' means the following products made 
primarily of iron or steel: lined or unlined pipes and fittings, manhole 
covers and other municipal castings, hydrants, tanks, flanges, pipe 
clamps and restraints, valves, structural steel, reinforced precast 
concrete, and construction materials.
    (c) Application.--Subsection (a) shall not apply in any case or 
category of cases in which the Administrator finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities and of 
        a satisfactory quality; or

[[Page 128 STAT. 1345]]

            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.

    (d) <<NOTE: Public information. Records. Time period.>>  Waiver.--If 
the Administrator receives a request for a waiver under this section, 
the Administrator shall make available to the public, on an informal 
basis, a copy of the request and information available to the 
Administrator concerning the request, and shall allow for informal 
public input on the request for at least 15 days prior to making a 
finding based on the request. The <<NOTE: Web posting.>> Administrator 
shall make the request and accompanying information available by 
electronic means, including on the official public Internet Web site of 
the Environmental Protection Agency.

    (e) <<NOTE: Applicability.>>  International Agreements.--This 
section shall be applied in a manner consistent with United States 
obligations under international agreements.

            TITLE VI--DEAUTHORIZATION AND BACKLOG PREVENTION

SEC. 6001. <<NOTE: 33 USC 579b.>>  DEAUTHORIZATION OF INACTIVE 
                          PROJECTS.

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

    (b) Comprehensive Status Reports.--Section 1001(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 579a(b)) is amended by 
adding at the end the following:
            ``(3) <<NOTE: Public information. Web posting.>>  Minimum 
        funding list.--At the end of each fiscal year, the Secretary 
        shall submit to the Committee on Environment and Public Works of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives, and make 
        available on a publicly accessible Internet site in a manner 
        that is downloadable, searchable, and sortable, a list of--
                    ``(A) projects or separable elements of projects 
                authorized for construction for which funding has been 
                obligated during the current fiscal year or any of the 6 
                preceding fiscal years;
                    ``(B) the amount of funding obligated for each such 
                project or separable element per fiscal year;
                    ``(C) the current phase of each such project or 
                separable element of a project; and
                    ``(D) the amount required to complete the current 
                phase of each such project or separable element.
            ``(4) Comprehensive backlog report.--

[[Page 128 STAT. 1346]]

                    ``(A) <<NOTE: Publication. Lists.>>  In general.--
                The Secretary shall compile and publish a complete list 
                of all projects and separable elements of projects of 
                the Corps of Engineers that are authorized for 
                construction but have not been completed.
                    ``(B) Required information.--The Secretary shall 
                include on the list developed under subparagraph (A) for 
                each project and separable element on that list--
                          ``(i) the date of authorization of the project 
                      or separable element, including any subsequent 
                      modifications to the original authorization;
                          ``(ii) the original budget authority for the 
                      project or separable element;
                          ``(iii) a brief description of the project or 
                      separable element;
                          ``(iv) the estimated date of completion of the 
                      project or separable element;
                          ``(v) the estimated cost of completion of the 
                      project or separable element; and
                          ``(vi) any amounts appropriated for the 
                      project or separable element that remain 
                      unobligated.
                    ``(C) Publication.--
                          ``(i) <<NOTE: Records.>>  In general.--Not 
                      later than 1 year after the date of enactment of 
                      this paragraph, the Secretary shall submit a copy 
                      of the list developed under subparagraph (A) to--
                                    ``(I) the Committee on Environment 
                                and Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives; and
                                    ``(II) the Director of the Office of 
                                Management and Budget.
                          ``(ii) <<NOTE: Effective date. Records.>>  
                      Public availability.--Beginning on the date the 
                      Secretary submits the report to Congress under 
                      clause (i), the Secretary shall make a copy of the 
                      list available on a publicly accessible Internet 
                      site in a manner that is downloadable, searchable, 
                      and sortable.''.

    (c) Interim Deauthorization List.--
            (1) In general.--The Secretary shall develop an interim 
        deauthorization list that identifies each water resources 
        development project, or separable element of a project, 
        authorized for construction before November 8, 2007, for which--
                    (A) construction was not initiated before the date 
                of enactment of this Act; or
                    (B) construction was initiated before the date of 
                enactment of this Act, but for which no funds, Federal 
                or non-Federal, were obligated for construction of the 
                project or separable element of the project during the 
                current fiscal year or any of the 6 preceding fiscal 
                years.
            (2) Special rule for projects receiving funds for post-
        authorization study.--A project or separable element of a 
        project may not be identified on the interim deauthorization 
        list, or the final deauthorization list developed under 
        subsection (d), if the project or separable element received 
        funding for a post-authorization study during the current fiscal 
        year or any of the 6 preceding fiscal years.
            (3) Public comment and consultation.--

[[Page 128 STAT. 1347]]

                    (A) In general.--The Secretary shall solicit 
                comments from the public and the Governors of each 
                applicable State on the interim deauthorization list 
                developed under paragraph (1).
                    (B) Comment period.--The public comment period shall 
                be 90 days.
            (4) <<NOTE: Deadline.>>  Submission to congress; 
        publication.--Not later than 90 days after the date of 
        submission of the list required by section 1001(b)(4)(A) of the 
        Water Resources Development Act of 1986 (as added by subsection 
        (b)), the Secretary shall--
                    (A) submit the interim deauthorization list to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives; and
                    (B) <<NOTE: Federal Register, publication.>>  
                publish the interim deauthorization list in the Federal 
                Register.

    (d) Final Deauthorization List.--
            (1) In general.--The Secretary shall develop a final 
        deauthorization list of each water resources development 
        project, or separable element of a project, described in 
        subsection (c)(1) that is identified pursuant to this 
        subsection.
            (2) Deauthorization amount.--
                    (A) In general.--The Secretary shall include on the 
                final deauthorization list projects and separable 
                elements of projects that have, in the aggregate, an 
                estimated Federal cost to complete that is at least 
                $18,000,000,000.
                    (B) Determination of federal cost to complete.--For 
                purposes of subparagraph (A), the Federal cost to 
                complete shall take into account any allowances 
                authorized by section 902 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2280), as applied to 
                the most recent project schedule and cost estimate.
            (3) Identification of projects.--
                    (A) Sequencing of projects.--
                          (i) In general.--The Secretary shall identify 
                      projects and separable elements of projects for 
                      inclusion on the final deauthorization list 
                      according to the order in which the projects and 
                      separable elements of the projects were 
                      authorized, beginning with the earliest authorized 
                      projects and separable elements of projects and 
                      ending once the last project or separable element 
                      of a project necessary to meet the aggregate 
                      amount under paragraph (2) is identified.
                          (ii) <<NOTE: Determination.>>  Factors to 
                      consider.--The Secretary may identify projects and 
                      separable elements of projects in an order other 
                      than that established by clause (i) if the 
                      Secretary determines, on a case-by-case basis, 
                      that a project or separable element of a project 
                      is critical for interests of the United States, 
                      based on the possible impact of the project or 
                      separable element of the project on public health 
                      and safety, the national economy, or the 
                      environment.
                          (iii) Consideration of public comments.--In 
                      making determinations under clause (ii), the 
                      Secretary shall consider any comments received 
                      under subsection (c)(3).

[[Page 128 STAT. 1348]]

                    (B) Appendix.--The Secretary shall include as part 
                of the final deauthorization list an appendix that--
                          (i) identifies each project or separable 
                      element of a project on the interim 
                      deauthorization list developed under subsection 
                      (c) that is not included on the final 
                      deauthorization list; and
                          (ii) describes the reasons why the project or 
                      separable element is not included.
            (4) <<NOTE: Deadline.>>  Submission to congress; 
        publication.--Not later than 120 days after the date on which 
        the public comment period under subsection (c)(3) expires, the 
        Secretary shall--
                    (A) submit the final deauthorization list and the 
                appendix to the final deauthorization list to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives; and
                    (B) <<NOTE: Federal Register, publication.>>  
                publish the final deauthorization list and the appendix 
                to the final deauthorization list in the Federal 
                Register.

    (e) Deauthorization; Congressional Review.--
            (1) <<NOTE: Time period.>>  In general.--After the 
        expiration of the 180-day period beginning on the date of 
        submission of the final deauthorization report under subsection 
        (d), a project or separable element of a project identified in 
        the report is hereby deauthorized, unless Congress passes a 
        joint resolution disapproving the final deauthorization report 
        prior to the end of such period.
            (2) Non-federal contributions.--
                    (A) In general.--A project or separable element of a 
                project identified in the final deauthorization report 
                under subsection (d) shall not be deauthorized under 
                this subsection if, before the expiration of the 180-day 
                period referred to in paragraph (1), the non-Federal 
                interest for the project or separable element of the 
                project provides sufficient funds to complete the 
                project or separable element of the project.
                    (B) Treatment of projects.--Notwithstanding 
                subparagraph (A), each project and separable element of 
                a project identified in the final deauthorization report 
                shall be treated as deauthorized for purposes of the 
                aggregate deauthorization amount specified in subsection 
                (d)(2).

    (f) General Provisions.--
            (1) Definitions.--In this section:
                    (A) Post-authorization study.--The term ``post-
                authorization study'' means--
                          (i) a feasibility report developed under 
                      section 905 of the Water Resources Development Act 
                      of 1986 (33 U.S.C. 2282);
                          (ii) a feasibility study, as defined in 
                      section 105(d) of the Water Resources Development 
                      Act of 1986 (33 U.S.C. 2215(d)); or
                          (iii) a review conducted under section 216 of 
                      the Flood Control Act of 1970 (33 U.S.C. 549a), 
                      including an initial appraisal that--
                                    (I) demonstrates a Federal interest; 
                                and
                                    (II) requires additional analysis 
                                for the project or separable element.

[[Page 128 STAT. 1349]]

                    (B) Water resources development project.--The term 
                ``water resources development project'' includes an 
                environmental infrastructure assistance project or 
                program of the Corps of Engineers.
            (2) Treatment of project modifications.--For purposes of 
        this section, if an authorized water resources development 
        project or separable element of the project has been modified by 
        an Act of Congress, the date of the authorization of the project 
        or separable element shall be deemed to be the date of the most 
        recent such modification.
SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

    (a) <<NOTE: Deadline.>>  Assessment and Inventory.--Not later than 1 
year after the date of enactment of this Act, the Secretary shall 
conduct an assessment of all properties under the control of the Corps 
of Engineers and develop an inventory of the properties that are not 
needed for the missions of the Corps of Engineers.

    (b) Criteria.--In conducting the assessment and developing the 
inventory under subsection (a), the Secretary shall use the following 
criteria:
            (1) The extent to which the property aligns with the current 
        missions of the Corps of Engineers.
            (2) The economic impact of the property on existing 
        communities in the vicinity of the property.
            (3) The extent to which the utilization rate for the 
        property is being maximized and is consistent with 
        nongovernmental industry standards for the given function or 
        operation.
            (4) The extent to which the reduction or elimination of the 
        property could reduce operation and maintenance costs of the 
        Corps of Engineers.
            (5) The extent to which the reduction or elimination of the 
        property could reduce energy consumption by the Corps of 
        Engineers.

    (c) Notification.--As soon as practicable following completion of 
the inventory of properties under subsection (a), the Secretary shall 
provide the inventory to the Administrator of General Services.
    (d) <<NOTE: Public information.>>  Report to Congress.--Not later 
than 30 days after the date of the notification under subsection (c), 
the Secretary shall submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives and make publicly 
available a report containing the findings of the Secretary with respect 
to the assessment and inventory required under subsection (a).
SEC. 6003. <<NOTE: 33 USC 579c.>>  BACKLOG PREVENTION.

    (a) Project Deauthorization.--
            (1) <<NOTE: Time period.>>  In general.--A water resources 
        development project, or separable element of such a project, 
        authorized for construction by this Act shall not be authorized 
        after the last day of the 7-year period beginning on the date of 
        enactment of this Act unless funds have been obligated for 
        construction of such project during that period.
            (2) <<NOTE: Deadline. Reports.>>  Identification of 
        projects.--Not later than 60 days after the expiration of the 7-
        year period referred to in paragraph (1), the Secretary shall 
        submit to the Committee on Environment and Public Works of the 
        Senate and the Committee

[[Page 128 STAT. 1350]]

        on Transportation and Infrastructure of the House of 
        Representatives a report that identifies the projects 
        deauthorized under paragraph (1).

    (b) <<NOTE: Time period.>>  Report to Congress.--Not later than 60 
days after the expiration of the 12-year period beginning on the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
make available to the public, a report that contains--
            (1) a list of any water resources development projects 
        authorized by this Act for which construction has not been 
        completed during that period;
            (2) a description of the reasons the projects were not 
        completed;
            (3) a schedule for the completion of the projects based on 
        expected levels of appropriations; and
            (4) a 5-year and 10-year projection of construction backlog 
        and any recommendations to Congress regarding how to mitigate 
        current problems and the backlog.
SEC. 6004. <<NOTE: Effective date.>>  DEAUTHORIZATIONS.

    (a) In General.--
            (1) Walnut creek (pacheco creek), california.--The portions 
        of the project for flood protection on Walnut Creek, California, 
        constructed under section 203 of the Flood Control Act of 1960 
        (Public Law 86-645; 74 Stat. 488), consisting of the Walnut 
        Creek project from Sta 0+00 to Sta 142+00 and the upstream 
        extent of the Walnut Creek project along Pacheco Creek from Sta 
        0+00 to Sta 73+50 are no longer authorized beginning on the date 
        of enactment of this Act.
            (2) Walnut creek (san ramon creek), california.--The portion 
        of the project for flood protection on Walnut Creek, California, 
        constructed under section 203 of the Flood Control Act of 1960 
        (Public Law 86-645; 74 Stat. 488), consisting of the culvert 
        constructed by the Department of the Army on San Ramon Creek 
        from Sta 4+27 to Sta 14+27 is no longer authorized beginning on 
        the date of enactment of this Act.
            (3) Eightmile river, connecticut.--
                    (A) The portion of the project for navigation, 
                Eightmile River, Connecticut, authorized by the first 
                section of the Act of June 25, 1910 (36 Stat. 633, 
                chapter 382) (commonly known as the ``River and Harbor 
                Act of 1910''), that begins at a point of the existing 
                8-foot channel limit with coordinates N701002.39, 
                E1109247.73, thence running north 2 degrees 19 minutes 
                57.1 seconds east 265.09 feet to a point N701267.26, 
                E1109258.52, thence running north 7 degrees 47 minutes 
                19.3 seconds east 322.32 feet to a point N701586.60, 
                E1109302.20, thence running north 90 degrees 0 minutes 0 
                seconds east 65.61 to a point N701586.60, E1109367.80, 
                thence running south 7 degrees 47 minutes 19.3 seconds 
                west 328.11 feet to a point N701261.52, E1109323.34, 
                thence running south 2 degrees 19 minutes 57.1 seconds 
                west 305.49 feet to an end at a point N700956.28, 
                E1109310.91 on the existing 8-foot channel limit, shall 
                be reduced to a width of 65 feet and the channel 
                realigned to follow the deepest available water.

[[Page 128 STAT. 1351]]

                    (B) The project referred to in subparagraph (A) 
                beginning at a point N701296.72, E1109262.55 and running 
                north 45 degrees 4 minutes 2.8 seconds west 78.09 feet 
                to a point N701341.18, E1109217.98, thence running north 
                5 degrees 8 minutes 34.6 seconds east 180.14 feet to a 
                point N701520.59, E1109234.13, thence running north 54 
                degrees 5 minutes 50.1 seconds east 112.57 feet to a 
                point N701568.04, E1109299.66, thence running south 7 
                degrees 47 minutes 18.4 seconds west 292.58 feet to the 
                point of origin; and the remaining area north of the 
                channel realignment beginning at a point N700956.28, 
                E1109310.91 thence running north 2 degrees 19 minutes 
                57.1 seconds east 305.49 feet west to a point 
                N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 
                seconds east 328.11 feet to a point N701586.60, 
                E1109367.81 thence running north 90 degrees 0 minutes 0 
                seconds east 7.81 feet to a point N701586.60, 
                E1109375.62 thence running south 5 degrees 8 minutes 
                34.6 seconds west 626.29 feet to a point N700962.83, 
                E1109319.47 thence south 52 degrees 35 minutes 36.5 
                seconds 10.79 feet to the point of origin is no longer 
                authorized beginning on the date of enactment of this 
                Act.
            (4) Hillsborough (hillsboro) bay and river, florida.--The 
        portions of the project for navigation, Hillsborough (Hillsboro) 
        Bay and River, Florida, authorized by the Act of March 3, 1899 
        (30 Stat. 1126; chapter 425), that extend on either side of the 
        Hillsborough River from the Kennedy Boulevard bridge to the 
        mouth of the river that cause the existing channel to exceed 100 
        feet in width are no longer authorized beginning on the date of 
        enactment of this Act.
            (5) Kahului wastewater reclamation facility, maui, hawaii.--
        The project authorized pursuant to section 14 of the Flood 
        Control Act of 1946 (33 U.S.C. 701r) to provide shoreline 
        protection for the Kahului Wastewater Reclamation Facility, 
        located on the Island of Maui in the State of Hawaii is no 
        longer authorized beginning on the date of enactment of this 
        Act.
            (6) Lucas-berg pit, illinois waterway and grant calumet 
        river, illinois.--The portion of the project for navigation, 
        Illinois Waterway and Grand Calumet River, Illinois, authorized 
        by the first section of the Act of July 24, 1946 (60 Stat. 636; 
        chapter 595), that consists of the Lucas-Berg Pit confined 
        disposal facility, Illinois is no longer authorized beginning on 
        the date of enactment of this Act.
            (7) Port of iberia, louisiana.--Section 1001(25) of the 
        Water Resources Development Act of 2007 (121 Stat. 1053) is 
        amended by striking ``; except that'' and all that follows 
        before the period at the end.
            (8) Rockland harbor, maine.--The project for navigation, 
        Rockland Harbor, Maine, authorized by the Act of June 3, 1896 
        (29 Stat. 202; chapter 314), and described as follows is no 
        longer authorized beginning on the date of enactment of this 
        Act:
                    (A) Beginning at the point in the 14-foot turning 
                basin limit with coordinates N162,927.61, E826,210.16.

[[Page 128 STAT. 1352]]

                    (B) Thence running north 45 degrees 45 minutes 15.6 
                seconds east 287.45 feet to a point N163,128.18, 
                E826,416.08.
                    (C) Thence running south 13 degrees 17 minutes 53.3 
                seconds east 129.11 feet to a point N163,002.53, 
                E826,445.77.
                    (D) Thence running south 45 degrees 45 minutes 18.4 
                seconds west 221.05 feet to a point N162,848.30, 
                E826,287.42.
                    (E) Thence running north 44 degrees 14 minutes 59.5 
                seconds west 110.73 feet to the point of origin.
            (9) Thomaston harbor, georges river, maine.--The portion of 
        the project for navigation, Georges River, Maine (Thomaston 
        Harbor), authorized by the first section of the Act of June 3, 
        1896 (29 Stat. 215, chapter 314), and modified by section 317 of 
        the Water Resources Development Act of 2000 (Public Law 106-541; 
        114 Stat. 2604), that lies northwesterly of a line commencing at 
        point N87,220.51, E321,065.80 thence running northeasterly about 
        125 feet to a point N87,338.71, E321,106.46 is no longer 
        authorized beginning on the date of enactment of this Act.
            (10) Corsica river, queen anne's county, maryland.--The 
        portion of the project for improving the Corsica River, 
        Maryland, authorized by the first section of the Act of July 25, 
        1912 (37 Stat. 205; chapter 253), and described as follows is no 
        longer authorized beginning on the date of enactment of this 
        Act: Approximately 2,000 feet of the eastern section of the 
        project channel extending from--
                    (A) centerline station 0+000 (coordinates 
                N506350.60, E1575013.60); to
                    (B) station 2+000 (coordinates N508012.39, 
                E1574720.18).
            (11) Goose creek, somerset county, maryland.--The project 
        for navigation, Goose Creek, Somerset County, Maryland, carried 
        out pursuant to section 107 of the Rivers and Harbor Act of 1960 
        (33 U.S.C. 577), is realigned as follows: Beginning at Goose 
        Creek Channel Geometry Centerline of the 60-foot-wide main 
        navigational ship channel, Centerline Station No. 0+00, 
        coordinates North 157851.80, East 1636954.70, as stated and 
        depicted on the Condition Survey Goose Creek, Sheet 1 of 1, 
        prepared by the United States Army Corps of Engineers, Baltimore 
        District, July 2003; thence departing the aforementioned 
        centerline traveling the following courses and distances: S. 64 
        degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on 
        the outline of said 60-foot-wide channel thence binding on said 
        out-line the following four courses and distances: S. 63 degrees 
        26 minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 
        degrees 38 minutes 26 seconds E., 973.28 feet to a point, 
        thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet to a 
        point on the Left Toe of the 60-foot-wide main navigational 
        channel at computed Centerline Station No. 42+57.54, coordinates 
        North 157357.84, East 1640340.23. Geometry Left Toe of the 60-
        foot-wide main navigational ship channel, Left Toe Station No. 
        0+00, coordinates North 157879.00, East 1636967.40, as stated 
        and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, 
        prepared

[[Page 128 STAT. 1353]]

        by the United States Army Corps of Engineers, Baltimore 
        District, August 2010; thence departing the aforementioned 
        centerline traveling the following courses and distances: S. 64 
        degrees 49 minutes 12 seconds E., 1583.91 feet to a point, on 
        the outline of said 60-foot-wide channel thence binding on said 
        out-line the following eight courses and distances: S. 63 
        degrees 25 minutes 38 seconds E., 1366.25 feet to a point, 
        thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet to a 
        point, thence; N. 50 degrees 38 minutes 26 seconds E., 805.19 
        feet to a point, thence; N. 12 degrees 12 minutes 29 seconds E., 
        78.33 feet to a point thence; N. 26 degrees 13 minutes 28 
        seconds W., 46.66 feet to a point thence; S. 63 degrees 45 
        minutes 41 seconds W., 54.96 feet to a point thence; N. 26 
        degrees 13 minutes 24 seconds W., 119.94 feet to a point on the 
        Left Toe of the 60-foot-wide main navigational channel at 
        computed Centerline Station No. 41+81.10, coordinates North 
        157320.30, East 1640264.00. Geometry Right Toe of the 60-foot-
        wide main navigational ship channel, Right Toe Station No. 0+00, 
        coordinates North 157824.70, East 1636941.90, as stated and 
        depicted on the Condition Survey Goose Creek, Sheet 1 of 1, 
        prepared by the United States Army Corps of Engineers, Baltimore 
        District, August 2010; thence departing the aforementioned 
        centerline traveling the following courses and distances: S. 64 
        degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on 
        the outline of said 60-foot-wide channel thence binding on said 
        out-line the following six courses and distances: S. 63 degrees 
        25 minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 
        degrees 38 minutes 26 seconds E., 1016.69 feet to a point, 
        thence; N. 26 degrees 14 minutes 49 seconds W., 144.26 feet to a 
        point, thence; N. 63 degrees 54 minutes 03 seconds E., 55.01 
        feet to a point thence; N. 26 degrees 12 minutes 08 seconds W., 
        120.03 feet to a point a point on the Right Toe of the 60-foot-
        wide main navigational channel at computed Centerline Station 
        No. 43+98.61, coordinates North 157395.40, East 1640416.50.
            (12) Lower thoroughfare, deal island, maryland.--The portion 
        of the project for navigation, Lower Thoroughfare, Maryland, 
        authorized by the Act of June 25, 1910 (36 Stat. 639, chapter 
        382) (commonly known as the ``River and Harbor Act of 1910''), 
        that begins at Lower Thoroughfare Channel Geometry Centerline of 
        the 60-foot-wide main navigational ship channel, Centerline 
        Station No. 44+88, coordinates North 170435.62, East 1614588.93, 
        as stated and depicted on the Condition Survey Lower 
        Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United 
        States Army Corps of Engineers, Baltimore District, August 2010; 
        thence departing the aforementioned centerline traveling the 
        following courses and distances: S. 42 degrees 20 minutes 44 
        seconds W., 30.00 feet to a point, on the outline of said 60-
        foot-wide channel thence binding on said out-line the following 
        four courses and distances: N. 64 degrees 08 minutes 55 seconds 
        W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 43 
        seconds W., 250.08 feet to a point, thence; N. 47 degrees 39 
        minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 
        degrees 20 minutes 44 seconds E., 300.07 feet to a point binding 
        on the Left Toe of the 60-foot-wide main navigational channel at 
        computed Centerline Station No. 43+92.67, coordinates North 
        170415.41, 1614566.76;

[[Page 128 STAT. 1354]]

        thence; continuing with the aforementioned centerline the 
        following courses and distances: S. 42 degrees 20 minutes 42 
        seconds W., 30.00 feet to a point, on the outline of said 60-
        foot-wide channel thence binding on said out-line the following 
        four courses and distances: N. 20 degrees 32 minutes 06 seconds 
        W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 49 
        seconds W., 250.08 feet to a point, thence; S. 47 degrees 39 
        minutes 03 seconds W., 20.00 feet to a point, thence; S. 42 
        degrees 20 minutes 46 seconds E., 300.08 feet to a point binding 
        on the Left Toe of the 60-foot-wide main navigational channel at 
        computed Centerline Station No. 43+92.67, coordinates North 
        170415.41, 1614566.76 is no longer authorized beginning on the 
        date of enactment of this Act.
            (13) Gloucester harbor and annisquam river, massachusetts.--
        The portions of the project for navigation, Gloucester Harbor 
        and Annisquam River, Massachusetts, authorized by section 2 of 
        the Act of March 2, 1945 (59 Stat. 12; chapter 19), consisting 
        of an 8-foot anchorage area in Lobster Cove, and described as 
        follows are no longer authorized beginning on the date of 
        enactment of this Act:
                    (A) Beginning at a bend along the easterly limit of 
                the existing project, N3063230.31, E878283.77, thence 
                running northwesterly about 339 feet to a point, 
                N3063478.86, E878053.83, thence running northwesterly 
                about 281 feet to a bend on the easterly limit of the 
                existing project, N3063731.88, E877932.54, thence 
                running southeasterly about 612 feet along the easterly 
                limit of the existing project to the point of origin.
                    (B) Beginning at a bend along the easterly limit of 
                the existing project, N3064065.80, E878031.45, thence 
                running northwesterly about 621 feet to a point, 
                N3064687.05, E878031.13, thence running southwesterly 
                about 122 feet to a point, N3064686.98, E877908.85, 
                thence running southeasterly about 624 feet to a point, 
                N3064063.31, E877909.17, thence running southwesterly 
                about 512 feet to a point, N3063684.73, E877564.56, 
                thence running about 741 feet to a point along the 
                westerly limit of the existing project, N3063273.98, 
                E876947.77, thence running northeasterly about 533 feet 
                to a bend along the westerly limit of the existing 
                project, N3063585.62, E877380.63, thence running about 
                147 feet northeasterly to a bend along the westerly 
                limit of the project, N3063671.29, E877499.63, thence 
                running northeasterly about 233 feet to a bend along the 
                westerly limit of the existing project, N3063840.60, 
                E877660.29, thence running about 339 feet northeasterly 
                to a bend along the westerly limit of the existing 
                project, N3064120.34, E877852.55, thence running about 
                573 feet to a bend along the westerly limit of the 
                existing project, N3064692.98, E877865.04, thence 
                running about 113 feet to a bend along the northerly 
                limit of the existing project, N3064739.51, E877968.31, 
                thence running 145 feet southeasterly to a bend along 
                the northerly limit of the existing project, 
                N3064711.19, E878110.69, thence running about 650 feet 
                along the easterly limit of the existing project to the 
                point of origin.
            (14) Clatsop county diking district no. 10, karlson island, 
        oregon.--The Diking District No. 10, Karlson Island

[[Page 128 STAT. 1355]]

        portion of the project for raising and improving existing levees 
        in Clatsop County, Oregon, authorized by section 5 of the Act of 
        June 22, 1936 (49 Stat. 1590) is no longer authorized beginning 
        on the date of enactment of this Act.
            (15) Numberg dike no. 34 leveed area, clatsop county diking 
        district no. 13, clatsop county, oregon (walluski-youngs).--The 
        Numberg Dike No. 34 leveed area, Clatsop County Diking District, 
        No. 13, Walluski River and Youngs River dikes, portion of the 
        project for raising and improving existing levees in Clatsop 
        County, Oregon, authorized by section 5 of the Act of June 22, 
        1936 (49 Stat. 1590) is no longer authorized beginning on the 
        date of enactment of this Act.
            (16) East fork of trinity river, texas.--The portion of the 
        project for flood protection on the East Fork of the Trinity 
        River, Texas, authorized by section 203 of the Flood Control Act 
        of 1962 (76 Stat. 1185), that consists of the 2 levees 
        identified as Kaufman County Levees K5E and K5W is no longer 
        authorized beginning on the date of enactment of this Act.
            (17) Burnham canal, wisconsin.--The portion of the project 
        for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, 
        known as the Burnham Canal, authorized by the first section of 
        the Act of March 3, 1843 (5 Stat. 619; chapter 85), and 
        described as follows is no longer authorized beginning on the 
        date of enactment of this Act:
                    (A) Beginning at channel point #415a N381768.648, 
                E2524554.836, a distance of about 170.58 feet.
                    (B) Thence running south 53 degrees 43 minutes 41 
                seconds west to channel point #417 N381667.728, 
                E2524417.311, a distance of about 35.01 feet.
                    (C) Thence running south 34 degrees 10 minutes 40 
                seconds west to channel point #501 N381638.761, 
                E2524397.639, a distance of about 139.25 feet.
                    (D) Thence running south 34 degrees 10 minutes 48 
                seconds west to channel point #503 N381523.557, 
                E2524319.406, a distance of about 235.98 feet.
                    (E) Thence running south 32 degrees 59 minutes 13 
                seconds west to channel point #505 N381325.615, 
                E2524190.925, a distance of about 431.29 feet.
                    (F) Thence running south 32 degrees 36 minutes 05 
                seconds west to channel point #509 N380962.276, 
                E2523958.547, a distance of about 614.52 feet.
                    (G) Thence running south 89 degrees 05 minutes 00 
                seconds west to channel point #511 N380952.445, 
                E2523344.107, a distance of about 74.68 feet.
                    (H) Thence running north 89 degrees 04 minutes 59 
                seconds west to channel point #512 N381027.13, 
                E2523342.91, a distance of about 533.84 feet.
                    (I) Thence running north 89 degrees 05 minutes 00 
                seconds east to channel point #510 N381035.67, 
                E2523876.69, a distance of about 47.86 feet.
                    (J) Thence running north 61 degrees 02 minutes 07 
                seconds east to channel point #508 N381058.84, 
                E2523918.56, a distance of about 308.55 feet.
                    (K) Thence running north 36 degrees 15 minutes 29 
                seconds east to channel point #506 N381307.65, 
                E2524101.05, a distance of about 199.98 feet.

[[Page 128 STAT. 1356]]

                    (L) Thence running north 32 degrees 59 minutes 12 
                seconds east to channel point #504 N381475.40, 
                E2524209.93, a distance of about 195.14 feet.
                    (M) Thence running north 26 degrees 17 minutes 22 
                seconds east to channel point #502 N381650.36, 
                E2524296.36, a distance of about 81.82 feet.
                    (N) Thence running north 88 degrees 51 minutes 05 
                seconds west to channel point #419 N381732.17, 
                E2524294.72, a distance of about 262.65 feet.
                    (O) Thence running north 82 degrees 01 minutes 02 
                seconds east to channel point #415a, the point of 
                origin.
            (18) Manitowoc harbor, wisconsin.--The portion of the 
        project for navigation, Manitowoc River, Manitowoc, Wisconsin, 
        authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 
        104), and described as follows is no longer authorized beginning 
        on the date of enactment of this Act: The triangular area bound 
        by--
                    (A) 44.09893383N and 087.66854912W;
                    (B) 44.09900535N and 087.66864372W; and
                    (C) 44.09857884N and 087.66913123W.

    (b) Seward Waterfront, Seward, Alaska.--
            (1) In general.--Subject to paragraph (2), the portion of 
        the project for navigation, Seward Harbor, Alaska, identified as 
        Tract H, Seward Original Townsite, Waterfront Park Replat, Plat 
        No 2012-4, Seward Recording District, shall not be subject to 
        navigation servitude beginning on the date of enactment of this 
        Act.
            (2) Entry by federal government.--The Federal Government may 
        enter upon the property referred to in paragraph (1) to carry 
        out any required operation and maintenance of the general 
        navigation features of the project referred to in paragraph (1).

    (c) Port of Hood River, Oregon.--
            (1) Extinguishment of portions of existing flowage 
        easement.--With respect to the properties described in paragraph 
        (2), beginning on the date of enactment of this Act, the flowage 
        easement identified as Tract 1200E-6 on the Easement Deed 
        recorded as Instrument No. 740320 is extinguished above 
        elevation 79.39 feet (NGVD 29) the Ordinary High Water Line.
            (2) Affected properties.--The properties referred to in 
        paragraph (1), as recorded in Hood River County, Oregon, are as 
        follows:
                    (A) Instrument Number 2010-1235.
                    (B) Instrument Number 2010-02366.
                    (C) Instrument Number 2010-02367.
                    (D) Parcel 2 of Partition Plat #2011-12P.
                    (E) Parcel 1 of Partition Plat 2005-26P.
            (3) Federal liabilities; cultural, environmental, and other 
        regulatory reviews.--
                    (A) Federal liability.--The United States shall not 
                be liable for any injury caused by the extinguishment of 
                the easement under this subsection.
                    (B) Cultural and environmental regulatory actions.--
                Nothing in this subsection establishes any cultural or 
                environmental regulation relating to the properties 
                described in paragraph (2).

[[Page 128 STAT. 1357]]

            (4) Effect on other rights.--Nothing in this subsection 
        affects any remaining right or interest of the Corps of 
        Engineers in the properties described in paragraph (2).
SEC. 6005. LAND CONVEYANCES.

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

    (b) St. Charles County, Missouri, Land Exchange.--
            (1) Definitions.--In this subsection:
                    (A) Federal land.--The term ``Federal land'' means 
                approximately 84 acres of land, as identified by the 
                Secretary, that is a portion of the approximately 227 
                acres of land leased from the Corps of Engineers by 
                Ameren Corporation for the Portage Des Sioux Power Plant 
                in St. Charles County, Missouri (Lease No. DA-23-065-
                CIVENG-64-651, Pool 26).
                    (B) Non-federal land.--The term ``non-Federal land'' 
                means the approximately 68 acres of land owned by Ameren 
                Corporation in Jersey County, Illinois, contained within 
                the north half of section 23, township 6 north, range 11 
                west of the third principal meridian.
            (2) Land exchange.--On conveyance by Ameren Corporation to 
        the United States of all right, title, and interest in and to 
        the non-Federal land, the Secretary shall convey to Ameren 
        Corporation all right, title, and interest of the United States 
        in and to the Federal land.
            (3) Specific conditions.--
                    (A) Deeds.--
                          (i) Deed to non-federal land.--The Secretary 
                      may only accept conveyance of the non-Federal land 
                      by warranty deed, as determined acceptable by the 
                      Secretary.
                          (ii) Deed to federal land.--The Secretary 
                      shall convey the Federal land to Ameren 
                      Corporation by quitclaim deed.
                    (B) Cash payment.--If the appraised fair market 
                value of the Federal land, as determined by the 
                Secretary, exceeds the appraised fair market value of 
                the non-Federal land, as determined by the Secretary, 
                Ameren Corporation shall make a cash payment to the 
                United States reflecting the difference in the appraised 
                fair market values.

    (c) Tulsa Port of Catoosa, Rogers County, Oklahoma, Land Exchange.--
            (1) Definitions.--In this subsection:
                    (A) Federal land.--The term ``Federal land'' means 
                the approximately 87 acres of land situated in Rogers 
                County, Oklahoma, contained within United States Tracts 
                413 and 427 and acquired for the McClellan-Kerr Arkansas 
                Navigation System.
                    (B) Non-federal land.--The term ``non-Federal land'' 
                means the approximately 34 acres of land situated in

[[Page 128 STAT. 1358]]

                Rogers County, Oklahoma, and owned by the Tulsa Port of 
                Catoosa that lie immediately south and east of the 
                Federal land.
            (2) Land exchange.--On conveyance by the Tulsa Port of 
        Catoosa to the United States of all right, title, and interest 
        in and to the non-Federal land, the Secretary shall convey to 
        the Tulsa Port of Catoosa all right, title, and interest of the 
        United States in and to the Federal land.
            (3) Specific conditions.--
                    (A) Deeds.--
                          (i) Deed to non-federal land.--The Secretary 
                      may only accept conveyance of the non-Federal land 
                      by warranty deed, as determined acceptable by the 
                      Secretary.
                          (ii) Deed to federal land.--The Secretary 
                      shall convey the Federal land to the Tulsa Port of 
                      Catoosa by quitclaim deed and subject to any 
                      reservations, terms, and conditions the Secretary 
                      determines necessary to allow the United States to 
                      operate and maintain the McClellan-Kerr Arkansas 
                      River Navigation System.
                          (iii) Cash payment.--If the appraised fair 
                      market value of the Federal land, as determined by 
                      the Secretary, exceeds the appraised fair market 
                      value of the non-Federal land, as determined by 
                      the Secretary, the Tulsa Port of Catoosa shall 
                      make a cash payment to the United States 
                      reflecting the difference in the appraised fair 
                      market values.

    (d) Hammond Boat Basin, Warrenton, Oregon.--
            (1) Definitions.--In this subsection:
                    (A) City.--The term ``City'' means the city of 
                Warrenton, located in Clatsop County, Oregon.
                    (B) Map.--The term ``map'' means the map contained 
                in Exhibit A of Department of the Army Lease No. DACW57-
                1-88-0033 (or a successor instrument).
            (2) Conveyance authority.--Subject to the provisions of this 
        subsection, the Secretary shall convey to the City by quitclaim 
        deed, and without consideration, all right, title, and interest 
        of the United States in and to the parcel of land described in 
        paragraph (3).
            (3) Description of land.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the land referred to in paragraph (2) is the parcel 
                totaling approximately 59 acres located in the City, 
                together with any improvements thereon, including the 
                Hammond Marina (as described in the map).
                    (B) Exclusion.--The land referred to in paragraph 
                (2) shall not include the site provided for the 
                fisheries research support facility of the National 
                Marine Fisheries Service.
                    (C) Availability of map.--The map shall be on file 
                in the Portland District Office of the Corps of 
                Engineers.
            (4) Terms and conditions.--As a condition of the conveyance 
        under this subsection, the Secretary may impose a requirement 
        that the City assume full responsibility for operating and 
        maintaining the channel and the breakwater.

[[Page 128 STAT. 1359]]

            (5) <<NOTE: Determination.>>  Reversion.--If the Secretary 
        determines that the land conveyed under this subsection ceases 
        to be owned by the public, all right, title, and interest in and 
        to the land shall revert, at the discretion of the Secretary, to 
        the United States.
            (6) Deauthorization.--After the land is conveyed under this 
        subsection, the land shall no longer be a portion of the project 
        for navigation, Hammond Small Boat Basin, Oregon, authorized by 
        section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 
        577).

    (e) Craney Island Dredged Material Management Area, Portsmouth, 
Virginia.--
            (1) In general.--Subject to the conditions described in this 
        subsection, the Secretary may convey to the Commonwealth of 
        Virginia, by quitclaim deed and without consideration, all 
        right, title, and interest of the United States in and to 2 
        parcels of land situated within the project for navigation, 
        Craney Island Eastward Expansion, Norfolk Harbor and Channels, 
        Hampton Roads, Virginia, authorized by section 1001(45) of the 
        Water Resources Development Act of 2007 (Public Law 110-114; 121 
        Stat. 1057), together with any improvements thereon.
            (2) Lands to be conveyed.--
                    (A) In general.--The 2 parcels of land to be 
                conveyed under this subsection include a parcel 
                consisting of approximately 307.82 acres of land and a 
                parcel consisting of approximately 13.33 acres of land, 
                both located along the eastern side of the Craney Island 
                Dredged Material Management Area in Portsmouth, 
                Virginia.
                    (B) Use.--The 2 parcels of land described in 
                subparagraph (A) may be used by the Commonwealth of 
                Virginia exclusively for the purpose of port expansion, 
                including the provision of road and rail access and the 
                construction of a shipping container terminal.
            (3) <<NOTE: Determination.>>  Reversion.--If the Secretary 
        determines that the land conveyed under this subsection ceases 
        to be owned by the public or is used for any purpose that is 
        inconsistent with paragraph (2), all right, title, and interest 
        in and to the land shall revert, at the discretion of the 
        Secretary, to the United States.

    (f) City of Asotin, Washington.--
            (1) In general.--The Secretary shall convey to the city of 
        Asotin, Asotin County, Washington, without monetary 
        consideration, all right, title, and interest of the United 
        States in and to the land described in paragraph (3).
            (2) Reversion.--If the land transferred under this 
        subsection ceases at any time to be used for a public purpose, 
        the land shall revert to the United States.
            (3) Description.--The land to be conveyed to the city of 
        Asotin, Washington, under this subsection are--
                    (A) the public ball fields designated as Tracts 
                1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623, 
                1624, 1625, 1626, and 1631; and
                    (B) other leased areas designated as Tracts 1506, 
                1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531, 
                and 1563.

    (g) Generally Applicable Provisions.--
            (1) Survey to obtain legal description.--The exact acreage 
        and the legal description of any real property to be conveyed

[[Page 128 STAT. 1360]]

        under this section shall be determined by a survey that is 
        satisfactory to the Secretary.
            (2) Applicability of property screening provisions.--Section 
        2696 of title 10, United States Code, shall not apply to any 
        conveyance under this section.
            (3) Additional terms and conditions.--The Secretary may 
        require that any conveyance under this section be subject to 
        such additional terms and conditions as the Secretary considers 
        necessary and appropriate to protect the interests of the United 
        States.
            (4) Costs of conveyance.--An entity to which a conveyance is 
        made under this section shall be responsible for all reasonable 
        and necessary costs, including real estate transaction and 
        environmental documentation costs, associated with the 
        conveyance.
            (5) Liability.--An entity to which a conveyance is made 
        under this section shall hold the United States harmless from 
        any liability with respect to activities carried out, on or 
        after the date of the conveyance, on the real property conveyed. 
        The United States shall remain responsible for any liability 
        with respect to activities carried out, before such date, on the 
        real property conveyed.

    (h) <<NOTE: 16 USC 831c note.>>  Release of Use Restrictions.--
Notwithstanding any other provision of law, the Tennessee Valley 
Authority shall, without monetary consideration, grant releases from 
real estate restrictions established pursuant to section 4(k)(b) of the 
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with 
respect to tracts of land identified in section 4(k)(b) of that Act, 
subject to the condition that such releases shall be granted in a manner 
consistent with applicable Tennessee Valley Authority policies.

                TITLE VII--WATER RESOURCES INFRASTRUCTURE

SEC. 7001. <<NOTE: 33 USC 2282d.>>  ANNUAL REPORT TO CONGRESS.

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

    (b) Requests for Proposals.--

[[Page 128 STAT. 1361]]

            (1) <<NOTE: Federal Register, publication. Notice.>>  
        Publication.--Not later than May 1 of each year, the Secretary 
        shall publish in the Federal Register a notice requesting 
        proposals from non-Federal interests for proposed feasibility 
        studies and proposed modifications to authorized water resources 
        development projects and feasibility studies to be included in 
        the annual report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for the proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each notice 
        required by this subsection, the Secretary shall--
                    (A) <<NOTE: Public information. Web posting.>>  make 
                the notice publicly available, including on the 
                Internet; and
                    (B) provide written notification of the publication 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives.

    (c) Contents.--
            (1) Feasibility reports, proposed feasibility studies, and 
        proposed modifications.--
                    (A) Criteria for inclusion in report.--The Secretary 
                shall include in the annual report only those 
                feasibility reports, proposed feasibility studies, and 
                proposed modifications to authorized water resources 
                development projects and feasibility studies that--
                          (i) are related to the missions and 
                      authorities of the Corps of Engineers;
                          (ii) require specific congressional 
                      authorization, including by an Act of Congress;
                          (iii) have not been congressionally 
                      authorized;
                          (iv) have not been included in any previous 
                      annual report; and
                          (v) if authorized, could be carried out by the 
                      Corps of Engineers.
                    (B) Description of benefits.--
                          (i) Description.--The Secretary shall describe 
                      in the annual report, to the extent applicable and 
                      practicable, for each proposed feasibility study 
                      and proposed modification to an authorized water 
                      resources development project or feasibility study 
                      included in the annual report, the benefits, as 
                      described in clause (ii), of each such study or 
                      proposed modification (including the water 
                      resources development project that is the subject 
                      of the proposed feasibility study or the proposed 
                      modification to an authorized feasibility study).
                          (ii) Benefits.--The benefits (or expected 
                      benefits, in the case of a proposed feasibility 
                      study) described in this clause are benefits to--
                                    (I) the protection of human life and 
                                property;
                                    (II) improvement to transportation;
                                    (III) the national economy;
                                    (IV) the environment; or

[[Page 128 STAT. 1362]]

                                    (V) the national security interests 
                                of the United States.
                    (C) Identification of other factors.--The Secretary 
                shall identify in the annual report, to the extent 
                practicable--
                          (i) for each proposed feasibility study 
                      included in the annual report, the non-Federal 
                      interest that submitted the proposed feasibility 
                      study pursuant to subsection (b); and
                          (ii) for each proposed feasibility study and 
                      proposed modification to an authorized water 
                      resources development project or feasibility study 
                      included in the annual report, whether the non-
                      Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed feasibility study or 
                                proposed modification to an authorized 
                                water resources development project or 
                                feasibility study (including the water 
                                resources development project that is 
                                the subject of the proposed feasibility 
                                study or the proposed modification to an 
                                authorized feasibility study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include in the annual 
        report, for each feasibility report, proposed feasibility study, 
        and proposed modification to an authorized water resources 
        development project or feasibility study included under 
        paragraph (1)(A)--
                    (A) the name of the associated non-Federal interest, 
                including the name of any non-Federal interest that has 
                contributed, or is expected to contribute, a non-Federal 
                share of the cost of--
                          (i) the feasibility report;
                          (ii) the proposed feasibility study;
                          (iii) the authorized feasibility study for 
                      which the modification is proposed; or
                          (iv) construction of--
                                    (I) the water resources development 
                                project that is the subject of--
                                            (aa) the feasibility report;
                                            (bb) the proposed 
                                        feasibility study; or
                                            (cc) the authorized 
                                        feasibility study for which a 
                                        modification is proposed; or
                                    (II) the proposed modification to an 
                                authorized water resources development 
                                project;
                    (B) a letter or statement of support for the 
                feasibility report, proposed feasibility study, or 
                proposed modification to an authorized water resources 
                development project or feasibility study from each 
                associated non-Federal interest;
                    (C) the purpose of the feasibility report, proposed 
                feasibility study, or proposed modification to an 
                authorized water resources development project or 
                feasibility study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                          (i) the proposed modification to an authorized 
                      feasibility study; and
                          (ii) construction of--

[[Page 128 STAT. 1363]]

                                    (I) the water resources development 
                                project that is the subject of--
                                            (aa) the feasibility report; 
                                        or
                                            (bb) the authorized 
                                        feasibility study for which a 
                                        modification is proposed, with 
                                        respect to the change in costs 
                                        resulting from such 
                                        modification; or
                                    (II) the proposed modification to an 
                                authorized water resources development 
                                project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                          (i) the water resources development project 
                      that is the subject of--
                                    (I) the feasibility report; or
                                    (II) the authorized feasibility 
                                study for which a modification is 
                                proposed, with respect to the benefits 
                                of such modification; or
                          (ii) the proposed modification to an 
                      authorized water resources development project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each feasibility 
        report, proposed feasibility study, and proposed modification to 
        an authorized water resources development project or feasibility 
        study included in the annual report meets the criteria 
        established in paragraph (1)(A).
            (4) Appendix.--The Secretary shall include in the annual 
        report an appendix listing the proposals submitted under 
        subsection (b) that were not included in the annual report under 
        paragraph (1)(A) and a description of why the Secretary 
        determined that those proposals did not meet the criteria for 
        inclusion under such paragraph.

    (d) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) <<NOTE: Federal Register, publication. Notice.>>  not 
        later than 60 days after the date of enactment of this Act, 
        publish in the Federal Register a notice required by subsection 
        (b)(1); and
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (b)(1) by not later than 120 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.

    (e) Publication.--Upon submission of an annual report to Congress, 
the Secretary shall make the annual report publicly available, including 
through publication on the Internet.
    (f) Definitions.--In this section:
            (1) Annual report.--The term ``annual report'' means a 
        report required by subsection (a).
            (2) Feasibility report.--
                    (A) In general.--The term ``feasibility report'' 
                means a final feasibility report developed under section 
                905 of the Water Resources Development Act of 1986 (33 
                U.S.C. 2282).
                    (B) Inclusions.--The term ``feasibility report'' 
                includes--

[[Page 128 STAT. 1364]]

                          (i) a report described in section 105(d)(2) of 
                      the Water Resources Development Act of 1986 (33 
                      U.S.C. 2215(d)(2)); and
                          (ii) where applicable, any associated report 
                      of the Chief of Engineers.
            (3) Feasibility study.--The term ``feasibility study'' has 
        the meaning given that term in section 105 of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2215).
            (4) Non-federal interest.--The term ``non-Federal interest'' 
        has the meaning given that term in section 221 of the Flood 
        Control Act of 1970 (42 U.S.C. 1962d-5b).
SEC. 7002. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.

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


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. TX,    Sabine Neches       July 22, 2011  Federal: $748,070,000
 LA        Waterway,                         Non-Federal: $365,970,000
           Southeast Texas                   Total: $1,114,040,000
           and
          Southwest
           Louisiana
------------------------------------------------------------------------
2. FL     Jacksonville        Apr. 30, 2012  Federal: $27,870,000
           Harbor-                           Non-Federal: $9,290,000
          Milepoint                          Total: $37,160,000
------------------------------------------------------------------------
3. GA     Savannah Harbor     Aug. 17, 2012  Federal: $492,000,000
          Expansion Project                  Non-Federal: $214,000,000
                                             Total: $706,000,000
------------------------------------------------------------------------
4. TX     Freeport Harbor     Jan. 7,        Federal: $121,000,000
                               2013          Non-Federal: $118,300,000
                                             Total: $239,300,000
------------------------------------------------------------------------

[[Page 128 STAT. 1365]]

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


            (2) Flood risk management.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. KS     Topeka              Aug. 24, 2009  Federal: $17,360,000
                                             Non-Federal: $9,350,000
                                             Total: $26,710,000
------------------------------------------------------------------------

[[Page 128 STAT. 1366]]

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



[[Page 128 STAT. 1367]]

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


------------------------------------------------------------------------
                               C.  Date of
                                Report of       D.  Estimated Initial
A. State       B.  Name          Chief of        Costs and  Estimated
                                Engineers        Renourishment  Costs
------------------------------------------------------------------------
1. NC     West Onslow Beach   Sept. 28,      Initial Federal:
           and New River       2009           $29,900,000
           Inlet (Topsail                     Initial Non-Federal:
           Beach)                             $16,450,000
                                             Initial Total: $46,350,000
                                              Renourishment Federal:
                                              $69,410,000
                                             Renourishment Non-Federal:
                                              $69,410,000
                                             Renourishment Total:
                                              $138,820,000
------------------------------------------------------------------------
2. NC     Surf City and       Dec. 30, 2010  Initial Federal:
           North Topsail                      $84,770,000
           Beach                              Initial Non-Federal:
                                              $45,650,000
                                              Initial Total:
                                              $130,420,000
                                             Renourishment Federal:
                                              $122,220,000
                                             Renourishment Non-Federal:
                                              $122,220,000
                                             Renourishment Total:
                                              $244,440,000
------------------------------------------------------------------------
3. CA     San Clemente        Apr. 15,       Initial Federal: $7,420,000
           Shoreline           2012          Initial Non-Federal:
                                              $3,990,000
                                              Initial Total: $11,410,000
                                              Renourishment Federal:
                                              $43,835,000
                                             Renourishment Non-Federal:
                                              $43,835,000
                                             Renourishment Total:
                                              $87,670,000
------------------------------------------------------------------------

[[Page 128 STAT. 1368]]

 
4. FL     Walton County       July 16, 2013  Initial Federal:
                                              $17,945,000
                                             Initial Non-Federal:
                                              $46,145,000
                                             Initial Total: $64,090,000
                                             Renourishment Federal:
                                              $24,740,000
                                             Renourishment Non-Federal:
                                              $82,820,000
                                             Renourishment Total:
                                              $107,560,000
------------------------------------------------------------------------
5. LA     Morganza to the     July 8, 2013   Federal: $6,695,400,000
           Gulf                              Non-Federal: $3,604,600,000
                                             Total: $10,300,000,000
------------------------------------------------------------------------


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


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


            (5) Environmental restoration.--


[[Page 128 STAT. 1369]]



------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. MD     Mid-Chesapeake Bay  Aug. 24, 2009  Federal: $1,240,750,000
           Island                            Non-Federal: $668,100,000
                                             Total: $1,908,850,000
------------------------------------------------------------------------
2. FL     Central and         Mar. 11, 2010  Federal: $313,300,000
           Southern Florida    and Jan. 6,   Non-Federal: $313,300,000
           Project,            2011          Total: $626,600,000
           Comprehensive
           Everglades
           Restoration Plan,
           Caloosahatchee
           River (C-43) West
           Basin Storage
           Project, Hendry
           County
------------------------------------------------------------------------
3. LA     Louisiana Coastal   Dec. 30, 2010  Federal: $1,026,000,000
           Area                              Non-Federal: $601,000,000
                                             Total: $1,627,000,000
------------------------------------------------------------------------
4. MN     Marsh Lake          Dec. 30, 2011  Federal: $6,760,000
                                             Non-Federal: $3,640,000
                                             Total: $10,400,000
------------------------------------------------------------------------

[[Page 128 STAT. 1370]]

 
5. FL     Central and         Jan. 30, 2012  Federal: $87,280,000
           Southern Florida                  Non-Federal: $87,280,000
           Project,                          Total: $174,560,000
           Comprehensive
           Everglades
           Restoration Plan,
           C-111 Spreader
           Canal Western
           Project
------------------------------------------------------------------------
6. FL     CERP Biscayne Bay   May 2,   2012  Federal: $98,510,000
           Coastal Wetland,                  Non-Federal: $98,510,000
           Florida                           Total: $197,020,000
------------------------------------------------------------------------
7. FL     Central and         May 21, 2012   Federal: $448,070,000
           Southern Florida                  Non-Federal: $448,070,000
           Project, Broward                  Total: $896,140,000
           County Water
           Preserve Area
------------------------------------------------------------------------
8. LA     Louisiana Coastal   June 22, 2012  Federal: $321,750,000
           Area-Barataria                    Non-Federal: $173,250,000
           Basin Barrier                     Total: $495,000,000
------------------------------------------------------------------------
9. NC     Neuse River Basin   Apr. 23, 2013  Federal: $23,830,000
                                             Non-Federal: $12,830,000
                                             Total: $36,660,000
------------------------------------------------------------------------

[[Page 128 STAT. 1371]]

 
10. VA    Lynnhaven River     Mar. 27, 2014  Federal: $22,821,500
                                             Non-Federal: $12,288,500
                                             Total: $35,110,000
------------------------------------------------------------------------
11. OR    Willamette River    Jan. 6, 2014   Federal: $27,401,000
           Floodplain                        Non-Federal: $14,754,000
           Restoration                       Total: $42,155,000
------------------------------------------------------------------------


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

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


------------------------------------------------------------------------
                              C.  Date of
   A.                         Secretary's     D.  Updated Authorization
 State        B.  Name       Recommendation         Project Costs
                                 Letter
------------------------------------------------------------------------
1. MN    Roseau River       Jan. 24, 2013    Estimated Federal:
                                              $25,455,000
                                             Estimated non-Federal:
                                              $18,362,000
                                             Total: $43,817,000
------------------------------------------------------------------------
2. IL    Wood River Levee   May 7, 2013      Estimated Federal:
          System                              $16,678,000
          Reconstruction                     Estimated non-Federal:
                                              $8,980,000
                                             Total: $25,658,000
------------------------------------------------------------------------

[[Page 128 STAT. 1372]]

 
3. TX    Corpus Christi     Aug. 8, 2013     Estimated Federal:
          Ship Channel                        $182,582,000
                                             Estimated non-Federal:
                                              $170,649,000
                                             Total: $353,231,000
------------------------------------------------------------------------
4. IA    Des Moines River   Feb. 12, 2014    Estimated Federal:
          and Raccoon                         $14,990,300
          River Project                      Estimated non-Federal:
                                              $8,254,700
                                             Total: $23,245,000
------------------------------------------------------------------------
5. MD    Poplar Island      Feb. 26, 2014    Estimated Federal:
                                              $868,272,000
                                             Estimated non-Federal:
                                              $365,639,000
                                             Total: $1,233,911,000
------------------------------------------------------------------------
6. IL    Lake Michigan      Mar. 18, 2014    Estimated Federal:
          (Chicago                            $185,441,000
          Shoreline)                         Estimated non-Federal:
                                              $355,105,000
                                             Total: $540,546,000
------------------------------------------------------------------------
7. NE    Western Sarpy and  Mar. 20, 2014    Estimated Federal:
          Clear Creek                         $28,128,800
                                             Estimated non-Federal:
                                              $15,146,300
                                             Total: $43,275,100
------------------------------------------------------------------------
8. MO    Cape Girardeau     Apr. 14, 2014    Estimated Federal:
                                              $17,687,000
                                             Estimated non-Federal:
                                              $746,000
                                             Total: $18,433,000
------------------------------------------------------------------------


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

    (a) Consideration in the House of Representatives.--
            (1) Definition of interim authorization bill.--In this 
        subsection, the term ``interim authorization bill'' means a bill

[[Page 128 STAT. 1373]]

        of the 113th Congress introduced after the date of enactment of 
        this Act in the House of Representatives by the chair of the 
        Committee on Transportation and Infrastructure which--
                    (A) has the following title: ``A bill to provide for 
                the authorization of certain water resources development 
                or conservation projects outside the regular 
                authorization cycle.''; and
                    (B) only contains--
                          (i) authorization for 1 or more water 
                      resources development or conservation projects for 
                      which a final report of the Chief of Engineers has 
                      been completed; or
                          (ii) deauthorization for 1 or more water 
                      resources development or conservation projects.
            (2) <<NOTE: Deadline.>>  Expedited consideration.--If an 
        interim authorization bill is not reported by a committee to 
        which it is referred within 30 calendar days, the committee 
        shall be discharged from its further consideration and the bill 
        shall be referred to the appropriate calendar.

    (b) Consideration in the Senate.--
            (1) Policy.--The benefits of water resource projects 
        designed and carried out in an economically justifiable, 
        environmentally acceptable, and technically sound manner are 
        important to the economy and environment of the United States 
        and recommendations to Congress regarding those projects should 
        be expedited for approval in a timely manner.
            (2) Applicability.--The procedures under this subsection 
        apply to projects for water resources development, conservation, 
        and other purposes, subject to the conditions that--
                    (A) each project is carried out--
                          (i) substantially in accordance with the plan 
                      identified in the report of the Chief of Engineers 
                      for the project; and
                          (ii) subject to any conditions described in 
                      the report for the project; and
                    (B)(i) a report of the Chief of Engineers has been 
                completed; and
                    (ii) <<NOTE: Recommenda- tion.>>  after the date of 
                enactment of this Act, the Assistant Secretary of the 
                Army for Civil Works has submitted to Congress a 
                recommendation to authorize construction of the project.
            (3) Expedited consideration.--
                    (A) In general.--A bill shall be eligible for 
                expedited consideration in accordance with this 
                subsection if the bill--
                          (i) authorizes a project that meets the 
                      requirements described in paragraph (2); and
                          (ii) is referred to the Committee on 
                      Environment and Public Works of the Senate.
                    (B) Committee consideration.--
                          (i) <<NOTE: Deadline.>>  In general.--Not 
                      later than January 31st of the second session of 
                      each Congress, the Committee on Environment and 
                      Public Works of the Senate shall--
                                    (I) report all bills that meet the 
                                requirements of subparagraph (A); or

[[Page 128 STAT. 1374]]

                                    (II) introduce and report a measure 
                                to authorize any project that meets the 
                                requirements described in paragraph (2).
                          (ii) Failure to act.--Subject to clause (iii), 
                      if the committee fails to act on a bill that meets 
                      the requirements of subparagraph (A) by the date 
                      specified in clause (i), the bill shall be 
                      discharged from the committee and placed on the 
                      calendar of the Senate.
                          (iii) Exceptions.--Clause (ii) shall not apply 
                      if--
                                    (I) <<NOTE: Time period.>>  in the 
                                180-day period immediately preceding the 
                                date specified in clause (i), the full 
                                committee holds a legislative hearing on 
                                a bill to authorize all projects that 
                                meet the requirements described in 
                                paragraph (2);
                                    (II)(aa) the committee favorably 
                                reports a bill to authorize all projects 
                                that meet the requirements described in 
                                paragraph (2); and
                                    (bb) the bill described in item (aa) 
                                is placed on the calendar of the Senate; 
                                or
                                    (III) <<NOTE: Deadline.>>  a bill 
                                that meets the requirements of 
                                subparagraph (A) is referred to the 
                                committee not earlier than 30 days 
                                before the date specified in clause (i).
            (4) Termination.--The procedures for expedited consideration 
        under this subsection terminate on December 31, 2018.

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

    Approved June 10, 2014.

LEGISLATIVE HISTORY--H.R. 3080:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 113-246, Pt. 1 (Comm. on Transportation and 
Infrastructure) and 113-449 (Comm. of Conference).
CONGRESSIONAL RECORD:
                                                        Vol. 159 (2013):
                                    Oct. 23, considered and passed 
                                        House.
                                    Oct. 31, considered and passed 
                                        Senate, amended.
                                                        Vol. 160 (2014):
                                    May 20, House agreed to conference 
                                        report.
                                    May 22, Senate agreed to conference 
                                        report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2014):
            June 10, Presidential remarks.

                                  <all>