[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:
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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.
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