[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 31, 2013.
Resolved, That the bill from the House of Representatives (H.R.
3080) entitled ``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.'',
do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCE PROJECTS
Sec. 1001. Purposes.
Sec. 1002. Project authorizations.
Sec. 1003. Project review.
Sec. 1004. Future project authorizations.
TITLE II--WATER RESOURCES POLICY REFORMS
Sec. 2001. Purposes.
Sec. 2002. Safety assurance review.
Sec. 2003. Continuing authority programs.
Sec. 2004. Continuing authority program prioritization.
Sec. 2005. Fish and wildlife mitigation.
Sec. 2006. Mitigation status report.
Sec. 2007. Independent peer review.
Sec. 2008. Operation and maintenance of navigation and hydroelectric
facilities.
Sec. 2009. Hydropower at Corps of Engineers facilities.
Sec. 2010. Clarification of work-in-kind credit authority.
Sec. 2011. Transfer of excess work-in-kind credit.
Sec. 2012. Credit for in-kind contributions.
Sec. 2013. Credit in lieu of reimbursement.
Sec. 2014. Dam optimization.
Sec. 2015. Water supply.
Sec. 2016. Report on water storage pricing formulas.
Sec. 2017. Clarification of previously authorized work.
Sec. 2018. Consideration of Federal land in feasibility studies.
Sec. 2019. Planning assistance to States.
Sec. 2020. Vegetation management policy.
Sec. 2021. Levee certifications.
Sec. 2022. Restoration of flood and hurricane storm damage reduction
projects.
Sec. 2023. Operation and maintenance of certain projects.
Sec. 2024. Dredging study.
Sec. 2025. Non-Federal project implementation pilot program.
Sec. 2026. Non-Federal implementation of feasibility studies.
Sec. 2027. Tribal partnership program.
Sec. 2028. Cooperative agreements with Columbia River Basin Indian
tribes.
Sec. 2029. Military munitions response actions at civil works shoreline
protection projects.
Sec. 2030. Beach nourishment.
Sec. 2031. Regional sediment management.
Sec. 2032. Study acceleration.
Sec. 2033. Project acceleration.
Sec. 2034. Feasibility studies.
Sec. 2035. Accounting and administrative expenses.
Sec. 2036. Determination of project completion.
Sec. 2037. Project partnership agreements.
Sec. 2038. Interagency and international support authority.
Sec. 2039. Acceptance of contributed funds to increase lock operations.
Sec. 2040. Emergency response to natural disasters.
Sec. 2041. Systemwide improvement frameworks.
Sec. 2042. Funding to process permits.
Sec. 2043. National riverbank stabilization and erosion prevention
study and pilot program.
Sec. 2044. Hurricane and storm damage risk reduction prioritization.
Sec. 2045. Prioritization of ecosystem restoration efforts.
Sec. 2046. Special use permits.
Sec. 2047. Operations and maintenance on fuel taxed inland waterways.
Sec. 2048. Corrosion prevention.
Sec. 2049. Project deauthorizations.
Sec. 2050. Reports to Congress.
Sec. 2051. Indian Self-Determination and Education Assistance Act
conforming amendment.
Sec. 2052. Invasive species review.
Sec. 2053. Wetlands conservation study.
Sec. 2054. Dam modification study.
Sec. 2055. Non-Federal plans to provide additional flood risk
reduction.
Sec. 2056. Mississippi River forecasting improvements.
Sec. 2057. Flexibility in maintaining navigation.
Sec. 2058. Restricted areas at Corps of Engineers dams.
Sec. 2059. Maximum cost of projects.
Sec. 2060. Donald G. Waldon Lock and Dam.
Sec. 2061. Improving planning and administration of water supply
storage.
Sec. 2062. Crediting authority for Federally authorized navigation
projects.
Sec. 2063. River basin commissions.
Sec. 2064. Restriction on charges for certain surplus water.
TITLE III--PROJECT MODIFICATIONS
Sec. 3001. Purpose.
Sec. 3002. Chatfield Reservoir, Colorado.
Sec. 3003. Missouri River Recovery Implementation Committee expenses
reimbursement.
Sec. 3004. Hurricane and storm damage reduction study.
Sec. 3005. Lower Yellowstone Project, Montana.
Sec. 3006. Project deauthorizations.
Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey.
Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana.
Sec. 3009. Point Judith Harbor of Refuge, Rhode Island.
Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon.
Sec. 3011. Metro East Flood Risk Management Program, Illinois.
Sec. 3012. Florida Keys water quality improvements.
Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa.
Sec. 3014. Land conveyance, Craney Island Dredged Material Management
Area, Portsmouth, Virginia.
Sec. 3015. Los Angeles County Drainage Area, California.
Sec. 3016. Oakland Inner Harbor Tidal Canal, California.
Sec. 3017. Redesignation of Lower Mississippi River Museum and
Riverfront Interpretive Site.
Sec. 3018. Louisiana Coastal Area.
Sec. 3019. Four Mile Run, City of Alexandria and Arlington County,
Virginia.
Sec. 3020. East Fork of Trinity River, Texas.
Sec. 3021. Seward Waterfront, Seward, Alaska.
TITLE IV--WATER RESOURCE STUDIES
Sec. 4001. Purpose.
Sec. 4002. Initiation of new water resources studies.
Sec. 4003. Applicability.
TITLE V--REGIONAL AND NONPROJECT PROVISIONS
Sec. 5001. Purpose.
Sec. 5002. Northeast Coastal Region ecosystem restoration.
Sec. 5003. Chesapeake Bay Environmental Restoration and Protection
Program.
Sec. 5004. Rio Grande environmental management program, Colorado, New
Mexico, Texas.
Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem
restoration, Oregon and Washington.
Sec. 5006. Arkansas River, Arkansas and Oklahoma.
Sec. 5007. Aquatic invasive species prevention and management; Columbia
River Basin.
Sec. 5008. Upper Missouri Basin flood and drought monitoring.
Sec. 5009. Upper Missouri Basin shoreline erosion prevention.
Sec. 5010. Northern Rockies headwaters extreme weather mitigation.
Sec. 5011. Aquatic nuisance species prevention, Great Lakes and
Mississippi River Basin.
Sec. 5012. Middle Mississippi River pilot program.
Sec. 5013. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and
Wyoming.
Sec. 5014. Chesapeake Bay oyster restoration in Virginia and Maryland.
Sec. 5015. Missouri River between Fort Peck Dam, Montana and Gavins
Point Dam, South Dakota and Nebraska.
Sec. 5016. Operations and maintenance of inland Mississippi River
ports.
Sec. 5017. Remote and subsistence harbors.
Sec. 5018. Multiagency effort to slow the spread of Asian carp in the
Upper Mississippi River and Ohio River
basins and tributaries.
Sec. 5019. Release of use restrictions.
Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma
regarding W.D. Mayo Lock and Dam, Oklahoma.
Sec. 5021. Upper Mississippi River protection.
Sec. 5022. Arctic Deep draft port development partnerships.
Sec. 5023. Greater Mississippi River Basin severe flooding and drought
management study.
Sec. 5024. Cape Arundel Disposal Site, Maine.
TITLE VI--LEVEE SAFETY
Sec. 6001. Short title.
Sec. 6002. Findings; purposes.
Sec. 6003. Definitions.
Sec. 6004. National levee safety program.
Sec. 6005. National levee safety advisory board.
Sec. 6006. Inventory and inspection of levees.
Sec. 6007. Reports.
Sec. 6008. Effect of title.
Sec. 6009. Authorization of appropriations.
TITLE VII--INLAND WATERWAYS
Sec. 7001. Purposes.
Sec. 7002. Definitions.
Sec. 7003. Project delivery process reforms.
Sec. 7004. Major rehabilitation standards.
Sec. 7005. Inland waterways system revenues.
Sec. 7006. Efficiency of revenue collection.
Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois
and Kentucky.
Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and
Kentucky.
TITLE VIII--HARBOR MAINTENANCE
Sec. 8001. Short title.
Sec. 8002. Purposes.
Sec. 8003. Funding for harbor maintenance programs.
Sec. 8004. Harbor Maintenance Trust Fund prioritization.
Sec. 8005. Harbor maintenance trust fund study.
TITLE IX--DAM SAFETY
Sec. 9001. Short title.
Sec. 9002. Purpose.
Sec. 9003. Administrator.
Sec. 9004. Inspection of dams.
Sec. 9005. National Dam Safety Program.
Sec. 9006. Public awareness and outreach for dam safety.
Sec. 9007. Authorization of appropriations.
TITLE X--INNOVATIVE FINANCING PILOT PROJECTS
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Definitions.
Sec. 10004. Authority to provide assistance.
Sec. 10005. Applications.
Sec. 10006. Eligible entities.
Sec. 10007. Projects eligible for assistance.
Sec. 10008. Activities eligible for assistance.
Sec. 10009. Determination of eligibility and project selection.
Sec. 10010. Secured loans.
Sec. 10011. Program administration.
Sec. 10012. State, tribal, and local permits.
Sec. 10013. Regulations.
Sec. 10014. Funding.
Sec. 10015. Report to Congress.
Sec. 10016. Use of American iron, steel, and manufactured goods.
TITLE XI--EXTREME WEATHER
Sec. 11001. Definition of resilient construction technique.
Sec. 11002. Study on risk reduction.
Sec. 11003. GAO study on management of flood, drought, and storm
damage.
Sec. 11004. Post-disaster watershed assessments.
Sec. 11005. Authority to accept and expend non-Federal amounts.
TITLE XII--NATIONAL ENDOWMENT FOR THE OCEANS
Sec. 12001. Short title.
Sec. 12002. Purposes.
Sec. 12003. Definitions.
Sec. 12004. National Endowment for the Oceans.
Sec. 12005. Eligible uses.
Sec. 12006. Grants.
Sec. 12007. Annual report.
Sec. 12008. Tulsa Port of Catoosa, Rogers County, Oklahoma land
exchange.
TITLE XIII--MISCELLANEOUS
Sec. 13001. Applicability of Spill Prevention, Control, and
Countermeasure rule.
Sec. 13002. America the Beautiful National Parks and Federal
Recreational Lands Pass program.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCE PROJECTS
SEC. 1001. PURPOSES.
The purposes of this title are--
(1) to authorize projects that--
(A) are the subject of a completed report of the
Chief of Engineers containing a determination that the
relevant project--
(i) is in the Federal interest;
(ii) results in benefits that exceed the
costs of the project;
(iii) is environmentally acceptable; and
(iv) is technically feasible; and
(B) have been recommended to Congress for
authorization by the Assistant Secretary of the Army
for Civil Works; and
(2) to authorize the Secretary--
(A) to review projects that require increased
authorization; and
(B) to request an increase of those authorizations
after--
(i) certifying that the increases are
necessary; and
(ii) submitting to Congress reports on the
proposed increases.
SEC. 1002. PROJECT AUTHORIZATIONS.
The Secretary is authorized to carry out projects for water
resources development, conservation, and other purposes, subject to the
conditions that--
(1) each project is carried out--
(A) substantially in accordance with the plan for
the project; and
(B) subject to any conditions described in the
report for the project; and
(2)(A) a Report of the Chief of Engineers has been
completed; and
(B) after November 8, 2007, but prior to the date of
enactment of this Act, the Assistant Secretary of the Army for
Civil Works has submitted to Congress a recommendation to
authorize construction of the project.
SEC. 1003. PROJECT REVIEW.
(a) In General.--For a project that is authorized by Federal law as
of the date of enactment of this Act, the Secretary may modify the
authorized project cost set under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280)--
(1) by submitting the required certification and additional
information to Congress in accordance with subsection (b); and
(2) after receiving an appropriation of funds in accordance
with subsection (b)(3)(B).
(b) Requirements for Submission.--
(1) Certification.--The certification to Congress under
subsection (a) shall include a certification by the Secretary
that--
(A) expenditures above the authorized cost of the
project are necessary to protect life and safety or
property, maintain critical navigation routes, or
restore ecosystems;
(B) the project continues to provide benefits
identified in the report of the Chief of Engineers for
the project; and
(C) for projects under construction--
(i) a temporary stop or delay resulting
from a failure to increase the authorized cost
of the project will increase costs to the
Federal Government; and
(ii) the amount requested for the project
in the budget of the President or included in a
work plan for the expenditure of funds for the
fiscal year during which the certification is
submitted will exceed the authorized cost of
the project.
(2) Additional information.--The information provided to
Congress about the project under subsection (a) shall include,
at a minimum--
(A) a comprehensive review of the project costs and
reasons for exceeding the authorized limits set under
section 902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280);
(B) an expedited analysis of the updated benefits
and costs of the project; and
(C) the revised cost estimate level for completing
the project.
(3) Approval of congress.--The Secretary may not change the
authorized project costs under subsection (a) unless--
(A) a certification and required information is
submitted to Congress under subsection (b); and
(B) after such submission, amounts are appropriated
to initiate or continue construction of the project in
an appropriations or other Act.
(c) De Minimis Amounts.--If the cost to complete construction of an
authorized water resources project would exceed the limitations on the
maximum cost of the project under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), the Secretary may complete
construction of the project, notwithstanding the limitations imposed by
that section if--
(1) construction of the project is at least 70 percent
complete at the time the cost of the project is projected to
exceed the limitations; and
(2) the Federal cost to complete construction is less than
$5,000,000.
(d) Termination of Effectiveness.--The authority of the Secretary
under this section terminates on the date that is 3 years after the
date of enactment of this Act.
SEC. 1004. FUTURE PROJECT AUTHORIZATIONS.
(a) Policy.--The benefits of water resource projects designed and
carried out in an economically justifiable, environmentally acceptable,
and technically sound manner are important to the economy and
environment of the United States and recommendations to Congress
regarding those projects should be expedited for approval in a timely
manner.
(b) Applicability.--The procedures under this section apply to
projects for water resources development, conservation, and other
purposes, subject to the conditions that--
(1) each project is carried out--
(A) substantially in accordance with the plan
identified in the report of the Chief of Engineers for
the project; and
(B) subject to any conditions described in the
report for the project; and
(2)(A) a report of the Chief of Engineers has been
completed; and
(B) after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works has submitted to Congress
a recommendation to authorize construction of the project.
(c) Expedited Consideration.--
(1) In general.--A bill shall be eligible for expedited
consideration in accordance with this subsection if the bill--
(A) authorizes a project that meets the
requirements described in subsection (b); and
(B) is referred to the Committee on Environment and
Public Works of the Senate.
(2) Committee consideration.--
(A) In general.--Not later than January 31st of the
second session of each Congress, the Committee on
Environment and Public Works of the Senate shall--
(i) report all bills that meet the
requirements of paragraph (1); or
(ii) introduce and report a measure to
authorize any project that meets the
requirements described in subsection (b).
(B) Failure to act.--Subject to subparagraph (C),
if the Committee fails to act on a bill that meets the
requirements of paragraph (1) by the date specified in
subparagraph (A), the bill shall be discharged from the
Committee and placed on the calendar of the Senate.
(C) Exceptions.--Subparagraph (B) shall not apply
if--
(i) in the 180-day period immediately
preceding the date specified in subparagraph
(A), the full Committee holds a legislative
hearing on a bill to authorize all projects
that meet the requirements described in
subsection (b);
(ii)(I) the Committee favorably reports a
bill to authorize all projects that meet the
requirements described in subsection (b); and
(II) the bill described in subclause (I) is
placed on the calendar of the Senate; or
(iii) a bill that meets the requirements of
paragraph (1) is referred to the Committee not
earlier than 30 days before the date specified
in subparagraph (A).
(d) Termination.--The procedures for expedited consideration under
this section terminate on December 31, 2018.
TITLE II--WATER RESOURCES POLICY REFORMS
SEC. 2001. PURPOSES.
The purposes of this title are--
(1) to reform the implementation of water resources
projects by the Corps of Engineers;
(2) to make other technical changes to the water resources
policy of the Corps of Engineers; and
(3) to implement reforms, including--
(A) enhancing the ability of local sponsors to
partner with the Corps of Engineers by ensuring the
eligibility of the local sponsors to receive and apply
credit for work carried out by the sponsors and
increasing the role of sponsors in carrying out Corps
of Engineers projects;
(B) ensuring continuing authority programs can
continue to meet important needs;
(C) encouraging the continuation of efforts to
modernize feasibility studies and establish targets for
expedited completion of feasibility studies;
(D) seeking efficiencies in the management of dams
and related infrastructure to reduce environmental
impacts while maximizing other benefits and project
purposes, such as flood control, navigation, water
supply, and hydropower;
(E) clarifying mitigation requirements for Corps of
Engineers projects and ensuring transparency in the
independent external review of those projects; and
(F) establishing an efficient and transparent
process for deauthorizing projects that have failed to
receive a minimum level of investment to ensure active
projects can move forward while reducing the backlog of
authorized projects.
SEC. 2002. SAFETY ASSURANCE REVIEW.
Section 2035 of the Water Resources Development Act of 2007 (33
U.S.C. 2344) is amended by adding at the end the following:
``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to a safety assurance review conducted
under this section.''.
SEC. 2003. CONTINUING AUTHORITY PROGRAMS.
(a) Small River and Harbor Improvement Projects.--Section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577) is amended--
(1) in subsection (a), by striking ``$35,000,000'' and
inserting ``$50,000,000''; and
(2) in subsection (b), by striking ``$7,000,000'' and
inserting ``$10,000,000''.
(b) Shore Damage Prevention or Mitigation.--Section 111(c) of the
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
(c) Regional Sediment Management.--
(1) In general.--Section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326) is amended--
(A) in subsection (c)(1)(C), by striking
``$5,000,000'' and inserting ``$10,000,000''; and
(B) in subsection (g), by striking ``$30,000,000''
and inserting ``$50,000,000''.
(2) Applicability.--Section 2037 of the Water Resources
Development Act of 2007 (121 Stat. 1094) is amended by added at
the end the following:
``(c) Applicability.--The amendment made by subsection (a) shall
not apply to any project authorized under this Act if a report of the
Chief of Engineers for the project was completed prior to the date of
enactment of this Act.''.
(d) Small Flood Control Projects.--Section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended in the third sentence by
striking ``$7,000,000'' and inserting ``$10,000,000''.
(e) Project Modifications for Improvement of Environment.--Section
1135(d) of the Water Resources Development Act of 1986 (33 U.S.C.
2309a(d)) is amended--
(1) in the second sentence, by striking ``Not more than 80
percent of the non-Federal may be'' and inserting ``The non-
Federal share may be provided''; and
(2) in the third sentence, by striking ``$5,000,000'' and
inserting ``$10,000,000''.
(f) Aquatic Ecosystem Restoration.--Section 206(d) of the Water
Resources Development Act of 1996 (33 U.S.C. 2330(d)) is amended by
striking ``$5,000,000'' and inserting ``$10,000,000''.
(g) Floodplain Management Services.--Section 206(d) of the Flood
Control Act of 1960 (33 U.S.C. 709a) is amended by striking
``$15,000,000'' and inserting ``$50,000,000''.
SEC. 2004. CONTINUING AUTHORITY PROGRAM PRIORITIZATION.
(a) Definition of Continuing Authority Program Project.--In this
section, the term ``continuing authority program'' means 1 of the
following authorities:
(1) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(2) Section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i).
(3) Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
(4) Section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a).
(5) Section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577).
(6) Section 3 of the Act of August 13, 1946 (33 U.S.C.
426g).
(b) Prioritization.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register and on a publicly available website, the criteria the
Secretary uses for prioritizing annual funding for continuing authority
program projects.
(c) Annual Report.--Not later than 1 year after the date of
enactment of this Act and each year thereafter, the Secretary shall
publish in the Federal Register and on a publicly available website, a
report on the status of each continuing authority program, which, at a
minimum, shall include--
(1) the name and a short description of each active
continuing authority program project;
(2) the cost estimate to complete each active project; and
(3) the funding available in that fiscal year for each
continuing authority program.
(d) Congressional Notification.--On publication in the Federal
Register under subsections (b) and (c), the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a copy of all information published under those
subsections.
SEC. 2005. FISH AND WILDLIFE MITIGATION.
(a) In General.--Section 906 of the Water Resources Development Act
of 1986 (33 U.S.C. 2283) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by inserting ``for damages to
ecological resources, including
terrestrial and aquatic resources,
and'' after ``mitigate'';
(II) by inserting ``ecological
resources and'' after ``impact on'';
and
(III) by inserting ``without the
implementation of mitigation measures''
before the period; and
(ii) by inserting before the last sentence
the following: ``If the Secretary determines
that mitigation to in-kind conditions is not
possible, the Secretary shall identify in the
report the basis for that determination and the
mitigation measures that will be implemented to
meet the requirements of this section and the
goals of section 307(a)(1) of the Water
Resources Development Act of 1990 (33 U.S.C.
2317(a)(1)).'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Design''
and inserting ``Selection and design'';
(ii) by inserting ``select and'' after
``shall''; and
(iii) by inserting ``using a watershed
approach'' after ``projects''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``,
at a minimum,'' after ``complies with''; and
(ii) in subparagraph (B)--
(I) by striking clause (iii);
(II) by redesignating clauses (iv)
and (v) as clauses (v) and (vi),
respectively; and
(III) by inserting after clause
(ii) the following:
``(iii) for projects where mitigation will
be carried out by the Secretary--
``(I) a description of the land and
interest in land to be acquired for the
mitigation plan;
``(II) the basis for a
determination that the land and
interests are available for
acquisition; and
``(III) a determination that the
proposed interest sought does not
exceed the minimum interest in land
necessary to meet the mitigation
requirements for the project;
``(iv) for projects where mitigation will
be carried out through a third party mitigation
arrangement in accordance with subsection (i)--
``(I) a description of the third
party mitigation instrument to be used;
and
``(II) the basis for a
determination that the mitigation
instrument can meet the mitigation
requirements for the project;''; and
(2) by adding at the end the following:
``(h) Programmatic Mitigation Plans.--
``(1) In general.--The Secretary may develop 1 or more
programmatic mitigation plans to address the potential impacts
to ecological resources, fish, and wildlife associated with
existing or future water resources development projects.
``(2) Use of mitigation plans.--The Secretary shall, to the
maximum extent practicable, use programmatic mitigation plans
developed in accordance with this subsection to guide the
development of a mitigation plan under subsection (d).
``(3) Non-federal plans.--The Secretary shall, to the
maximum extent practicable and subject to all conditions of
this subsection, use programmatic environmental plans developed
by a State, a body politic of the State, which derives its
powers from a State constitution, a government entity created
by State legislation, or a local government, that meet the
requirements of this subsection to address the potential
environmental impacts of existing or future water resources
development projects.
``(4) Scope.--A programmatic mitigation plan developed by
the Secretary or an entity described in paragraph (3) to
address potential impacts of existing or future water resources
development projects shall, to the maximum extent practicable--
``(A) be developed on a regional, ecosystem,
watershed, or statewide scale;
``(B) include specific goals for aquatic resource
and fish and wildlife habitat restoration,
establishment, enhancement, or preservation;
``(C) identify priority areas for aquatic resource
and fish and wildlife habitat protection or
restoration;
``(D) encompass multiple environmental resources
within a defined geographical area or focus on a
specific resource, such as aquatic resources or
wildlife habitat; and
``(E) address impacts from all projects in a
defined geographical area or focus on a specific type
of project.
``(5) Consultation.--The scope of the plan shall be
determined by the Secretary or an entity described in paragraph
(3), as appropriate, in consultation with the agency with
jurisdiction over the resources being addressed in the
environmental mitigation plan.
``(6) Contents.--A programmatic environmental mitigation
plan may include--
``(A) an assessment of the condition of
environmental resources in the geographical area
covered by the plan, including an assessment of recent
trends and any potential threats to those resources;
``(B) an assessment of potential opportunities to
improve the overall quality of environmental resources
in the geographical area covered by the plan through
strategic mitigation for impacts of water resources
development projects;
``(C) standard measures for mitigating certain
types of impacts;
``(D) parameters for determining appropriate
mitigation for certain types of impacts, such as
mitigation ratios or criteria for determining
appropriate mitigation sites;
``(E) adaptive management procedures, such as
protocols that involve monitoring predicted impacts
over time and adjusting mitigation measures in response
to information gathered through the monitoring;
``(F) acknowledgment of specific statutory or
regulatory requirements that must be satisfied when
determining appropriate mitigation for certain types of
resources; and
``(G) any offsetting benefits of self-mitigating
projects, such as ecosystem or resource restoration and
protection.
``(7) Process.--Before adopting a programmatic
environmental mitigation plan for use under this subsection,
the Secretary shall--
``(A) for a plan developed by the Secretary--
``(i) make a draft of the plan available
for review and comment by applicable
environmental resource agencies and the public;
and
``(ii) consider any comments received from
those agencies and the public on the draft
plan; and
``(B) for a plan developed under paragraph (3),
determine, not later than 180 days after receiving the
plan, whether the plan meets the requirements of
paragraphs (4) through (6) and was made available for
public comment.
``(8) Integration with other plans.--A programmatic
environmental mitigation plan may be integrated with other
plans, including watershed plans, ecosystem plans, species
recovery plans, growth management plans, and land use plans.
``(9) Consideration in project development and
permitting.--If a programmatic environmental mitigation plan
has been developed under this subsection, any Federal agency
responsible for environmental reviews, permits, or approvals
for a water resources development project may use the
recommendations in that programmatic environmental mitigation
plan when carrying out the responsibilities of the agency under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(10) Preservation of existing authorities.--Nothing in
this subsection limits the use of programmatic approaches to
reviews under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(i) Third-party Mitigation Arrangements.--
``(1) Eligible activities.--In accordance with all
applicable Federal laws (including regulations), mitigation
efforts carried out under this section may include--
``(A) participation in mitigation banking or other
third-party mitigation arrangements, such as--
``(i) the purchase of credits from
commercial or State, regional, or local agency-
sponsored mitigation banks; and
``(ii) the purchase of credits from in-lieu
fee mitigation programs; and
``(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and create
natural habitats and wetlands if the Secretary
determines that the contributions will ensure that the
mitigation requirements of this section and the goals
of section 307(a)(1) of the Water Resources Development
Act of 1990 (33 U.S.C. 2317(a)(1)) will be met.
``(2) Inclusion of other activities.--The banks, programs,
and efforts described in paragraph (1) include any banks,
programs, and efforts developed in accordance with applicable
law (including regulations).
``(3) Terms and conditions.--In carrying out natural
habitat and wetlands mitigation efforts under this section,
contributions to the mitigation effort may--
``(A) take place concurrent with, or in advance of,
the commitment of funding to a project; and
``(B) occur in advance of project construction only
if the efforts are consistent with all applicable
requirements of Federal law (including regulations) and
water resources development planning processes.
``(4) Preference.--At the request of the non-Federal
project sponsor, preference may be given, to the maximum extent
practicable, to mitigating an environmental impact through the
use of a mitigation bank, in-lieu fee, or other third-party
mitigation arrangement, if the use of credits from the
mitigation bank or in-lieu fee, or the other third-party
mitigation arrangement for the project has been approved by the
applicable Federal agency.
``(j) Use of Funds.--The Secretary may use funds made available for
preconstruction engineering and design prior to authorization of
project construction to satisfy mitigation requirements through third
party mechanisms or to acquire interests in land necessary for meeting
the mitigation requirements of this section.''.
(b) Application.--The amendments made by subsection (a) shall not
apply to a project for which a mitigation plan has been completed as of
the date of enactment of this Act.
(c) Technical Assistance.--
(1) In general.--The Secretary may provide technical
assistance to States and local governments to establish third-
party mitigation instruments, including mitigation banks and
in-lieu fee programs, that will help to target mitigation
payments to high-priority ecosystem restoration actions.
(2) Requirements.--In providing technical assistance under
this subsection, the Secretary shall give priority to States
and local governments that have developed State, regional, or
watershed-based plans identifying priority restoration actions.
(3) Mitigation instruments.--The Secretary shall seek to
ensure any technical assistance provided under this subsection
will support the establishment of mitigation instruments that
will result in restoration of high-priority areas identified in
the plans under paragraph (2).
SEC. 2006. MITIGATION STATUS REPORT.
Section 2036(b) of the Water Resources Development Act of 2007 (33
U.S.C. 2283a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Information included.--In reporting the status of all
projects included in the report, the Secretary shall--
``(A) use a uniform methodology for determining the
status of all projects included in the report;
``(B) use a methodology that describes both a
qualitative and quantitative status for all projects in
the report; and
``(C) provide specific dates for and participants
in the consultations required under section
906(d)(4)(B) of the Water Resources Development Act of
1986 (33 U.S.C. 2283(d)(4)(B)).''.
SEC. 2007. INDEPENDENT PEER REVIEW.
(a) Timing of Peer Review.--Section 2034(b) of the Water Resources
Development Act of 2007 (33 U.S.C. 2343(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Reasons for timing.--If the Chief of Engineers does
not initiate a peer review for a project study at a time
described in paragraph (2), the Chief shall--
``(A) not later than 7 days after the date on which
the Chief of Engineers determines not to initiate a
peer review--
``(i) notify the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives of that
decision; and
``(ii) make publicly available, including
on the Internet the reasons for not conducting
the review; and
``(B) include the reasons for not conducting the
review in the decision document for the project
study.''.
(b) Establishment of Panels.--Section 2034(c) of the Water
Resources Development Act of 2007 (33 U.S.C. 2343(c)) is amended by
striking paragraph (4) and inserting the following:
``(4) Congressional and public notification.--Following the
identification of a project study for peer review under this
section, but prior to initiation of the review by the panel of
experts, the Chief of Engineers shall, not later than 7 days
after the date on which the Chief of Engineers determines to
conduct a review--
``(A) notify the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of the review; and
``(B) make publicly available, including on the
Internet, information on--
``(i) the dates scheduled for beginning and
ending the review;
``(ii) the entity that has the contract for
the review; and
``(iii) the names and qualifications of the
panel of experts.''.
(c) Recommendations of Panel.--Section 2034(f) of the Water
Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended by
striking paragraph (2) and inserting the following:
``(2) Public availability and submission to congress.--
After receiving a report on a project study from a panel of
experts under this section, the Chief of Engineers shall make
available to the public, including on the Internet, and submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives--
``(A) a copy of the report not later than 7 days
after the date on which the report is delivered to the
Chief of Engineers; and
``(B) a copy of any written response of the Chief
of Engineers on recommendations contained in the report
not later than 3 days after the date on which the
response is delivered to the Chief of Engineers.
``(3) Inclusion in project study.--A report on a project
study from a panel of experts under this section and the
written response of the Chief of Engineers shall be included in
the final decision document for the project study.''.
(d) Applicability.--Section 2034(h)(2) of the Water Resources
Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking
``7 years'' and inserting ``12 years''.
SEC. 2008. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.
(a) In General.--Section 314 of the Water Resources Development Act
of 1990 (33 U.S.C. 2321) is amended--
(1) by striking the heading and inserting the following:
``SEC. 314. OPERATION AND MAINTENANCE OF NAVIGATION AND HYDROELECTRIC
FACILITIES.'';
(2) in the first sentence, by striking ``Activities
currently performed'' and inserting the following:
``(a) In General.--Activities currently performed'';
(3) in the second sentence, by striking ``This section''
and inserting the following:
``(b) Major Maintenance Contracts Allowed.--This section'';
(4) in subsection (a) (as designated by paragraph (2)), by
inserting ``navigation or'' before ``hydroelectric''; and
(5) by adding at the end the following:
``(c) Exclusion.--This section shall not--
``(1) apply to those navigation facilities that have been
or are currently under contract with a non-Federal interest to
perform operations and maintenance as of the date of enactment
of the Water Resources Development Act of 2013; and
``(2) prohibit the Secretary from contracting out future
commercial activities at those navigation facilities.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is
amended by striking the item relating to section 314 and inserting the
following:
``Sec. 314. Operation and maintenance of navigation and hydroelectric
facilities.''.
SEC. 2009. HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
(a) Findings.--Congress finds that--
(1) in April 2012, the Oak Ridge National Laboratory of the
Department of Energy (referred to in this section as the ``Oak
Ridge Lab'') released a report finding that adding
hydroelectric power to the non-powered dams of the United
States has the potential to add more than 12 gigawatts of new
generating capacity;
(2) the top 10 non-powered dams identified by the Oak Ridge
Lab as having the highest hydroelectric power potential could
alone supply 3 gigawatts of generating capacity;
(3) of the 50 non-powered dams identified by the Oak Ridge
Lab as having the highest hydroelectric power potential, 48 are
Corps of Engineers civil works projects;
(4) promoting non-Federal hydroelectric power at Corps of
Engineers civil works projects increases the taxpayer benefit
of those projects;
(5) the development of non-Federal hydroelectric power at
Corps of Engineers civil works projects--
(A) can be accomplished in a manner that is
consistent with authorized project purposes and the
responsibilities of the Corps of Engineers to protect
the environment; and
(B) in many instances, may have additional
environmental benefits; and
(6) the development of non-Federal hydroelectric power at
Corps of Engineers civil works projects could be promoted
through--
(A) clear and consistent lines of responsibility
and authority within and across Corps of Engineers
districts and divisions on hydroelectric power
development activities;
(B) consistent and corresponding processes for
reviewing and approving hydroelectric power
development; and
(C) developing a means by which non-Federal
hydroelectric power developers and stakeholders can
resolve disputes with the Corps of Engineers concerning
hydroelectric power development activities at Corps of
Engineers civil works projects.
(b) Policy.--Congress declares that it is the policy of the United
States that--
(1) the development of non-Federal hydroelectric power at
Corps of Engineers civil works projects, including locks and
dams, shall be given priority;
(2) Corps of Engineers approval of non-Federal
hydroelectric power at Corps of Engineers civil works projects,
including permitting required under section 14 of the Act of
March 3, 1899 (33 U.S.C. 408), shall be completed by the Corps
of Engineers in a timely and consistent manner; and
(3) approval of hydropower at Corps of Engineers civil
works projects shall in no way diminish the other priorities
and missions of the Corps of Engineers, including authorized
project purposes and habitat and environmental protection.
(c) Report.--Not later than 1 year after the date of enactment of
this Act and each year thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that, at a minimum, shall include--
(1) a description of initiatives carried out by the
Secretary to encourage the development of hydroelectric power
by non-Federal entities at Corps of Engineers civil works
projects;
(2) a list of all new hydroelectric power activities by
non-Federal entities approved at Corps of Engineers civil works
projects in that fiscal year, including the length of time the
Secretary needed to approve those activities;
(3) a description of the status of each pending application
from non-Federal entities for approval to develop hydroelectric
power at Corps of Engineers civil works projects;
(4) a description of any benefits or impacts to the
environment, recreation, or other uses associated with Corps of
Engineers civil works projects at which non-Federal entities
have developed hydroelectric power in the previous fiscal year;
and
(5) the total annual amount of payments or other services
provided to the Corps of Engineers, the Treasury, and any other
Federal agency as a result of approved non-Federal hydropower
projects at Corps of Engineers civil works projects.
SEC. 2010. CLARIFICATION OF WORK-IN-KIND CREDIT AUTHORITY.
(a) Non-Federal Cost Share.--Section 7007 of the Water Resources
Development Act of 2007 (121 Stat. 1277) is amended--
(1) in subsection (a)--
(A) by inserting ``, on, or after'' after
``before''; and
(B) by inserting ``, program,'' after ``study''
each place it appears;
(2) in subsections (b) and (e)(1), by inserting ``,
program,'' after ``study'' each place it appears; and
(3) by striking subsection (d) and inserting the following:
``(d) Treatment of Credit Between Projects.--The value of any land,
easements, rights-of-way, relocations, and dredged material disposal
areas and the costs of planning, design, and construction work provided
by the non-Federal interest that exceed the non-Federal cost share for
a study, program, or project under this title may be applied toward the
non-Federal cost share for any other study, program, or project carried
out under this title.''.
(b) Implementation.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in coordination with any relevant
agencies of the State of Louisiana, shall establish a process by which
to carry out the amendments made by subsection (a)(3).
(c) Effective Date.--The amendments made by subsection (a) take
effect on November 8, 2007.
SEC. 2011. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.
(a) In General.--Subject to subsection (b), the Secretary may apply
credit for in-kind contributions provided by a non-Federal interest
that is in excess of the required non-Federal cost-share for a water
resources study or project toward the required non-Federal cost-share
for a different water resources study or project.
(b) Restrictions.--
(1) In general.--Except for subsection (a)(4)(D)(i) of that
section, the requirements of section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 2012 of
this Act) shall apply to any credit under this section.
(2) Conditions.--Credit in excess of the non-Federal cost-
share for a study or project may be approved under this section
only if--
(A) the non-Federal interest submits a
comprehensive plan to the Secretary that identifies--
(i) the studies and projects for which the
non-Federal interest intends to provide in-kind
contributions for credit that is in excess of
the non-Federal cost share for the study or
project; and
(ii) the studies and projects to which that
excess credit would be applied;
(B) the Secretary approves the comprehensive plan;
and
(C) the total amount of credit does not exceed the
total non-Federal cost-share for the studies and
projects in the approved comprehensive plan.
(c) Additional Criteria.--In evaluating a request to apply credit
in excess of the non-Federal cost-share for a study or project toward a
different study or project, the Secretary shall consider whether
applying that credit will--
(1) help to expedite the completion of a project or group
of projects;
(2) reduce costs to the Federal Government; and
(3) aid the completion of a project that provides
significant flood risk reduction or environmental benefits.
(d) Termination of Authority.--The authority provided in this
section shall terminate 10 years after the date of enactment of this
Act.
(e) Report.--
(1) Deadlines.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and once every 2 years
thereafter, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives an interim report on the use
of the authority under this section.
(B) Final report.--Not later than 10 years after
the date of enactment of this Act, the Secretary shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a final
report on the use of the authority under this section.
(2) Inclusions.--The reports described in paragraph (1)
shall include--
(A) a description of the use of the authority under
this section during the reporting period;
(B) an assessment of the impact of the authority
under this section on the time required to complete
projects; and
(C) an assessment of the impact of the authority
under this section on other water resources projects.
SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS.
(a) In General.--Section 221(a)(4) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(a)(4)) is amended--
(1) in subparagraph (A), in the matter preceding clause (i)
by inserting ``or a project under an environmental
infrastructure assistance program'' after ``law'';
(2) in subparagraph (C), by striking ``In any case'' and
all that follows through the period at the end and inserting
the following:
``(i) Construction.--
``(I) In general.--In any case in
which the non-Federal interest is to
receive credit under subparagraph (A)
for the cost of construction carried
out by the non-Federal interest before
execution of a partnership agreement
and that construction has not been
carried out as of the date of enactment
of this subparagraph, the Secretary and
the non-Federal interest shall enter
into an agreement under which the non-
Federal interest shall carry out such
work prior to the non-Federal interest
initiating construction or issuing a
written notice to proceed for the
construction.
``(II) Eligibility.--Construction
that is carried out after the execution
of an agreement to carry out work
described in subclause (I) and any
design activities that are required for
that construction, even if the design
activity is carried out prior to the
execution of the agreement to carry out
work, shall be eligible for credit.
``(ii) Planning.--
``(I) In general.--In any case in
which the non-Federal interest is to
receive credit under subparagraph (A)
for the cost of planning carried out by
the non-Federal interest before
execution of a feasibility cost sharing
agreement, the Secretary and the non-
Federal interest shall enter into an
agreement under which the non-Federal
interest shall carry out such work
prior to the non-Federal interest
initiating that planning.
``(II) Eligibility.--Planning that
is carried out by the non-Federal
interest after the execution of an
agreement to carry out work described
in subclause (I) shall be eligible for
credit.'';
(3) in subparagraph (D)(iii), by striking ``sections 101
and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A)
of the Water Resources Development Act of 1986 (33 U.S.C.
2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
(4) by redesignating subparagraph (E) as subparagraph (H);
(5) by inserting after subparagraph (D) the following:
``(E) Analysis of costs and benefits.--In the
evaluation of the costs and benefits of a project, the
Secretary shall not consider construction carried out
by a non-Federal interest under this subsection as part
of the future without project condition.
``(F) Transfer of credit between separable elements
of a project.--Credit for in-kind contributions
provided by a non-Federal interest that are in excess
of the non-Federal cost share for an authorized
separable element of a project may be applied toward
the non-Federal cost share for a different authorized
separable element of the same project.
``(G) Application of credit.--To the extent that
credit for in-kind contributions, as limited by
subparagraph (D), and credit for required land,
easements, rights-of-way, dredged material disposal
areas, and relocations provided by the non-Federal
interest exceed the non-Federal share of the cost of
construction of a project other than a navigation
project, the Secretary shall reimburse the difference
to the non-Federal interest, subject to the
availability of funds.''; and
(6) in subparagraph (H) (as redesignated by paragraph
(4))--
(A) in clause (i), by inserting ``, and to water
resources projects authorized prior to the date of
enactment of the Water Resources Development Act of
1986 (Public Law 99-662), if correction of design
deficiencies is necessary'' before the period at the
end; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Authorization in
addition to specific credit
provision.--In any case in
which a specific provision of
law authorizes credit for in-
kind contributions provided by
a non-Federal interest before
the date of execution of a
partnership agreement, the
Secretary may apply the
authority provided in this
paragraph to allow credit for
in-kind contributions provided
by the non-Federal interest on
or after the date of execution
of the partnership
agreement.''.
(b) Applicability.--Section 2003(e) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962d-5b) is amended--
(1) by inserting ``, or construction of design deficiency
corrections on the project,'' after ``construction on the
project''; and
(2) by inserting ``, or under which construction of the
project has not been completed and the work to be performed by
the non-Federal interests has not been carried out and is
creditable only toward any remaining non-Federal cost share,''
after ``has not been initiated''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
take effect on November 8, 2007.
(d) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall update any guidance
or regulations for carrying out section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by
subsection (a)) that are in existence on the date of enactment
of this Act or issue new guidelines, as determined to be
appropriate by the Secretary.
(2) Inclusions.--Any guidance, regulations, or guidelines
updated or issued under paragraph (1) shall include, at a
minimum--
(A) the milestone for executing an in-kind
memorandum of understanding for construction by a non-
Federal interest;
(B) criteria and procedures for evaluating a
request to execute an in-kind memorandum of
understanding for construction by a non-Federal
interest that is earlier than the milestone under
subparagraph (A) for that execution; and
(C) criteria and procedures for determining whether
work carried out by a non-Federal interest is integral
to a project.
(3) Public and stakeholder participation.--Before issuing
any new or revised guidance, regulations, or guidelines or any
subsequent updates to those documents, the Secretary shall--
(A) consult with affected non-Federal interests;
(B) publish the proposed guidelines developed under
this subsection in the Federal Register; and
(C) provide the public with an opportunity to
comment on the proposed guidelines.
(e) Other Credit.--Nothing in section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by
subsection (a)) affects any eligibility for credit under section 104 of
the Water Resources Development of 1986 (33 U.S.C. 2214) that was
approved by the Secretary prior to the date of enactment of this Act.
SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT.
Section 211(e)(2) of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13(e)(2)) is amended by adding at the end the
following:
``(C) Studies or other projects.--On the request of
a non-Federal interest, in lieu of reimbursing a non-
Federal interest the amount equal to the estimated
Federal share of the cost of an authorized flood damage
reduction project or a separable element of an
authorized flood damage reduction project under this
subsection that has been constructed by the non-Federal
interest under this section as of the date of enactment
of this Act, the Secretary may provide the non-Federal
interest with a credit in that amount, which the non-
Federal interest may apply to the share of the cost of
the non-Federal interest of carrying out other flood
damage reduction projects or studies.''.
SEC. 2014. DAM OPTIMIZATION.
(a) Definition of Other Related Project Benefits.--In this section,
the term ``other related project benefits'' includes--
(1) environmental protection and restoration, including
restoration of water quality and water flows, improving
movement of fish and other aquatic species, and restoration of
floodplains, wetlands, and estuaries;
(2) increased water supply storage (except for any project
in the Apalachicola-Chattahoochee-Flint River system and the
Alabama-Coosa-Tallapoosa River system);
(3) increased hydropower generation;
(4) reduced flood risk;
(5) additional navigation; and
(6) improved recreation.
(b) Program.--
(1) In general.--The Secretary may carry out activities--
(A) to improve the efficiency of the operations and
maintenance of dams and related infrastructure operated
by the Corps of Engineers; and
(B) to maximize, to the extent practicable--
(i) authorized project purposes; and
(ii) other related project benefits.
(2) Eligible activities.--An eligible activity under this
section is any activity that the Secretary would otherwise be
authorized to carry out that is designed to provide other
related project benefits in a manner that does not adversely
impact the authorized purposes of the project.
(3) Impact on authorized purposes.--An activity carried out
under this section shall not adversely impact any of the
authorized purposes of the project.
(4) Effect.--
(A) Existing agreements.--Nothing in this section--
(i) supersedes or modifies any written
agreement between the Federal Government and a
non-Federal interest that is in effect on the
date of enactment of this Act; or
(ii) supersedes or authorizes any amendment
to a multistate water-control plan, including
the Missouri River Master Water Control Manual
(as in effect on the date of enactment of this
Act).
(B) Water rights.--Nothing in this section--
(i) affects any water right in existence on
the date of enactment of this Act;
(ii) preempts or affects any State water
law or interstate compact governing water; or
(iii) affects any authority of a State, as
in effect on the date of enactment of this Act,
to manage water resources within that State.
(5) Other laws.--
(A) In general.--An activity carried out under this
section shall comply with all other applicable laws
(including regulations).
(B) Water supply.--Any activity carried out under
this section that results in any modification to water
supply storage allocations at a reservoir operated by
the Secretary shall comply with section 301 of the
Water Supply Act of 1958 (43 U.S.C. 390b).
(c) Policies, Regulations, and Guidance.--The Secretary shall carry
out a review of, and as necessary modify, the policies, regulations,
and guidance of the Secretary to carry out the activities described in
subsection (b).
(d) Coordination.--
(1) In general.--The Secretary shall--
(A) coordinate all planning and activities carried
out under this section with appropriate Federal, State,
and local agencies and those public and private
entities that the Secretary determines may be affected
by those plans or activities; and
(B) give priority to planning and activities under
this section if the Secretary determines that--
(i) the greatest opportunities exist for
achieving the objectives of the program, as
specified in subsection (b)(1), and
(ii) the coordination activities under this
subsection indicate that there is support for
carrying out those planning and activities.
(2) Non-federal interests.--Prior to carrying out an
activity under this section, the Secretary shall consult with
any applicable non-Federal interest of the affected dam or
related infrastructure.
(e) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act and every 2 years thereafter, the
Secretary shall submit to Congress a report describing the
actions carried out under this section.
(2) Inclusions.--Each report under paragraph (1) shall
include--
(A) a schedule for reviewing the operations of
individual projects; and
(B) any recommendations of the Secretary on changes
that the Secretary determines to be necessary--
(i) to carry out existing project
authorizations, including the deauthorization
of any water resource project that the
Secretary determines could more effectively be
achieved through other means;
(ii) to improve the efficiency of water
resource project operations; and
(iii) to maximize authorized project
purposes and other related project benefits.
(3) Updated report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
update the report entitled ``Authorized and Operating
Purposes of Corps of Engineers Reservoirs'' and dated
July 1992, which was produced pursuant to section 311
of the Water Resources Development Act of 1990 (104
Stat. 4639).
(B) Inclusions.--The updated report described in
subparagraph (A) shall include--
(i) the date on which the most recent
review of project operations was conducted and
any recommendations of the Secretary relating
to that review the Secretary determines to be
significant; and
(ii) the dates on which the recommendations
described in clause (i) were carried out.
(f) Funding.--
(1) In general.--The Secretary may use to carry out this
section amounts made available to the Secretary from--
(A) the general purposes and expenses account;
(B) the operations and maintenance account; and
(C) any other amounts that are appropriated to
carry out this section.
(2) Funding from other sources.--The Secretary may accept
and expend amounts from non-Federal entities and other Federal
agencies to carry out this section.
(g) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with other Federal agencies and non-Federal
entities to carry out this section.
SEC. 2015. WATER SUPPLY.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is
amended by adding at the end the following:
``(e) The Committees of jurisdiction are very concerned about the
operation of projects in the Apalachicola-Chattahoochee-Flint River
System and the Alabama-Coosa-Tallapoosa River System, and further, the
Committees of jurisdiction recognize that this ongoing water resources
dispute raises serious concerns related to the authority of the
Secretary of the Army to allocate substantial storage at projects to
provide local water supply pursuant to the Water Supply Act of 1958
absent congressional approval. Interstate water disputes of this nature
are more properly addressed through interstate water agreements that
take into consideration the concerns of all affected States including
impacts to other authorized uses of the projects, water supply for
communities and major cities in the region, water quality, freshwater
flows to communities, rivers, lakes, estuaries, and bays located
downstream of projects, agricultural uses, economic development, and
other appropriate concerns. To that end, the Committees of jurisdiction
strongly urge the Governors of the affected States to reach agreement
on an interstate water compact as soon as possible, and we pledge our
commitment to work with the affected States to ensure prompt
consideration and approval of any such agreement. Absent such action,
the Committees of jurisdiction should consider appropriate legislation
to address these matters including any necessary clarifications to the
Water Supply Act of 1958 or other law. This subsection does not alter
existing rights or obligations under law.''.
SEC. 2016. REPORT ON WATER STORAGE PRICING FORMULAS.
(a) Findings.--Congress finds that--
(1) due to the ongoing drought in many parts of the United
States, communities are looking for ways to enhance their water
storage on Corps of Engineer reservoirs so as to maintain a
reliable supply of water into the foreseeable future;
(2) water storage pricing formulas should be equitable and
not create disparities between users; and
(3) water pricing formulas should not be cost-prohibitive
for communities.
(b) Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate an assessment of the water storage
pricing formulas of the Corps of Engineers, which shall include
an assessment of--
(A) existing water storage pricing formulas of the
Corps of Engineers, in particular whether those
formulas produce water storage costs for some
beneficiaries that are greatly disparate from the costs
of other beneficiaries; and
(B) whether equitable water storage pricing
formulas could lessen the disparate impact and produce
more affordable water storage for potential
beneficiaries.
(2) Report.--The Comptroller General of the United States
shall submit to Congress a report on the assessment carried out
under paragraph (1).
SEC. 2017. CLARIFICATION OF PREVIOUSLY AUTHORIZED WORK.
(a) In General.--The Secretary may carry out measures to improve
fish species habitat within the footprint and downstream of a water
resources project constructed by the Secretary that includes a fish
hatchery if the Secretary--
(1) has been explicitly authorized to compensate for fish
losses associated with the project; and
(2) determines that the measures are--
(A) feasible;
(B) consistent with authorized project purposes and
the fish hatchery; and
(C) in the public interest.
(b) Cost Sharing.--
(1) In general.--Subject to paragraph (2), the non-Federal
interest shall contribute 35 percent of the total cost of
carrying out activities under this section, including the costs
relating to the provision or acquisition of required land,
easements, rights-of-way, dredged material disposal areas, and
relocations.
(2) Operation and maintenance.--The non-Federal interest
shall contribute 100 percent of the costs of operation,
maintenance, replacement, repair, and rehabilitation of a
project constructed under this section.
(c) Authorization of Appropriations.--For each fiscal year, there
is authorized to be appropriated to carry out this section $30,000,000.
SEC. 2018. CONSIDERATION OF FEDERAL LAND IN FEASIBILITY STUDIES.
At the request of the non-Federal interest, the Secretary shall
include as part of a regional or watershed study any Federal land that
is located within the geographic scope of that study.
SEC. 2019. PLANNING ASSISTANCE TO STATES.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``or other stakeholder
working with a State'' after ``cooperate with
any State''; and
(ii) by inserting ``, including plans to
comprehensively address water resources
challenges,'' after ``of such State''; and
(B) in paragraph (2)(A), by striking ``, at Federal
expense,'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``subsection
(a)(1)'' each place it appears and inserting
``subsection (a)'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Contributed funds.--The Secretary may accept and
expend funds in excess of the fees established under paragraph
(1) that are provided by a State or other non-Federal public
body for assistance under this section.'' ; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``$10,000,000'' and
inserting ``$30,000,000''; and
(ii) by striking ``$2,000,000'' and
inserting ``$5,000,000 in Federal funds''; and
(B) in paragraph (2), by striking ``$5,000,000''
and inserting ``$15,000,000''.
SEC. 2020. VEGETATION MANAGEMENT POLICY.
(a) Definition of National Guidelines.--In this section, the term
``national guidelines'' means the Corps of Engineers policy guidelines
for management of vegetation on levees, including--
(1) Engineering Technical Letter 1110-2-571 entitled
``Guidelines for Landscape Planting and Vegetation Management
at Levees, Floodwalls, Embankment Dams, and Appurtenant
Structures'' and adopted April 10, 2009; and
(2) the draft policy guidance letter entitled ``Process for
Requesting a Variance from Vegetation Standards for Levees and
Floodwalls'' (77 Fed. Reg. 9637 (Feb. 17, 2012)).
(b) Review.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall carry out a comprehensive review of the
national guidelines in order to determine whether current Federal
policy relating to levee vegetation is appropriate for all regions of
the United States.
(c) Factors.--
(1) In general.--In carrying out the review, the Secretary
shall consider--
(A) the varied interests and responsibilities in
managing flood risks, including the need--
(i) to provide for levee safety with
limited resources; and
(ii) to ensure that levee safety
investments minimize environmental impacts and
provide corresponding public safety benefits;
(B) the levee safety benefits that can be provided
by woody vegetation;
(C) the preservation, protection, and enhancement
of natural resources, including--
(i) the benefit of vegetation on levees in
providing habitat for endangered, threatened,
and candidate species; and
(ii) the impact of removing levee
vegetation on compliance with other regulatory
requirements;
(D) protecting the rights of Indian tribes pursuant
to treaties and statutes;
(E) the available science and the historical record
regarding the link between vegetation on levees and
flood risk;
(F) the avoidance of actions requiring significant
economic costs and environmental impacts; and
(G) other factors relating to the factors described
in subparagraphs (A) through (F) identified in public
comments that the Secretary determines to be
appropriate.
(2) Variance considerations.--
(A) In general.--In carrying out the review, the
Secretary shall specifically consider whether the
national guidelines can be amended to promote and allow
for consideration of variances from national guidelines
on a Statewide, tribal, regional, or watershed basis,
including variances based on--
(i) soil conditions;
(ii) hydrologic factors;
(iii) vegetation patterns and
characteristics;
(iv) environmental resources, including
endangered, threatened, or candidate species
and related regulatory requirements;
(v) levee performance history, including
historical information on original construction
and subsequent operation and maintenance
activities;
(vi) any effects on water supply;
(vii) any scientific evidence on the link
between levee vegetation and levee safety;
(viii) institutional considerations,
including implementation challenges;
(ix) the availability of limited funds for
levee construction and rehabilitation;
(x) the economic and environmental costs of
removing woody vegetation on levees; and
(xi) other relevant factors identified in
public comments that the Secretary determines
to be appropriate.
(B) Scope.--The scope of a variance approved by the
Secretary may include a complete exemption to national
guidelines, as the Secretary determines to be
necessary.
(d) Cooperation and Consultation; Recommendations.--
(1) In general.--The Secretary shall carry out the review
under this section in consultation with other applicable
Federal agencies, representatives of State, regional, local,
and tribal governments, appropriate nongovernmental
organizations, and the public.
(2) Recommendations.--The Chief of Engineers and any State,
tribal, regional, or local entity may submit to the Secretary
any recommendations for vegetation management policies for
levees that conform with Federal and State laws, including
recommendations relating to the review of national guidelines
under subsection (b) and the consideration of variances under
subsection (c)(2).
(e) Peer Review.--
(1) In general.--As part of the review, the Secretary shall
solicit and consider the views of the National Academy of
Engineering and the National Academy of Sciences on the
engineering, environmental, and institutional considerations
underlying the national guidelines, including the factors
described in subsection (c) and any information obtained by the
Secretary under subsection (d).
(2) Availability of views.--The views of the National
Academy of Engineering and the National Academy of Sciences
obtained under paragraph (1) shall be--
(A) made available to the public; and
(B) included in supporting materials issued in
connection with the revised national guidelines
required under subsection (f).
(f) Revision of National Guidelines.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) revise the national guidelines based on the
results of the review, including--
(i) recommendations received as part of the
consultation described in subsection (d)(1);
and
(ii) the results of the peer review
conducted under subsection (e); and
(B) submit to Congress a report that contains a
summary of the activities of the Secretary and a
description of the findings of the Secretary under this
section.
(2) Content; incorporation into manual.--The revised
national guidelines shall--
(A) provide a practical, flexible process for
approving Statewide, tribal, regional, or watershed
variances from the national guidelines that--
(i) reflect due consideration of the
factors described in subsection (c); and
(ii) incorporate State, tribal, and
regional vegetation management guidelines for
specific areas that have been adopted through a
formal public process; and
(B) be incorporated into the manual proposed under
section 5(c) of the Act entitled ``An Act authorizing
the construction of certain public works on rivers and
harbors for flood control, and for other purposes'',
approved August 18, 1941 (33 U.S.C. 701n(c)).
(3) Failure to meet deadlines.--If the Secretary fails to
submit a report by the required deadline under this subsection,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of--
(A) why the deadline was missed;
(B) solutions needed to meet the deadline; and
(C) a projected date for submission of the report.
(g) Continuation of Work.--Concurrent with the completion of the
requirements of this section, the Secretary shall proceed without
interruption or delay with those ongoing or programmed projects and
studies, or elements of projects or studies, that are not directly
related to vegetation variance policy.
(h) Interim Actions.--
(1) In general.--Until the date on which revisions to the
national guidelines are adopted in accordance with subsection
(f), the Secretary shall not require the removal of existing
vegetation as a condition or requirement for any approval or
funding of a project, or any other action, unless the specific
vegetation has been demonstrated to present an unacceptable
safety risk.
(2) Revisions.--Beginning on the date on which the
revisions to the national guidelines are adopted in accordance
with subsection (f), the Secretary shall consider, on request
of an affected entity, any previous action of the Corps of
Engineers in which the outcome was affected by the former
national guidelines.
SEC. 2021. LEVEE CERTIFICATIONS.
(a) Implementation of Flood Protection Structure Accreditation Task
Force.--In carrying out section 100226 of the Biggert-Waters Flood
Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126 Stat. 942), the
Secretary shall--
(1) ensure that at least 1 program activity carried out
under the inspection of completed works program of the Corps of
Engineers provides adequate information to the Secretary to
reach a levee accreditation decision for each requirement under
section 65.10 of title 44, Code of Federal Regulations (or
successor regulation); and
(2) to the maximum extent practicable, carry out activities
under the inspection of completed works program of the Corps of
Engineers in alignment with the schedule established for the
national flood insurance program established under chapter 1 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et
seq.).
(b) Accelerated Levee System Evaluations and Certifications.--
(1) In general.--On receipt of a request from a non-Federal
interest, the Secretary may carry out a levee system evaluation
and certification of a federally authorized levee for purposes
of the national flood insurance program established under
chapter 1 of the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.) if the evaluation and certification will
be carried out earlier than such an evaluation and
certification would be carried out under subsection (a).
(2) Requirements.--A levee system evaluation and
certification under paragraph (1) shall--
(A) at a minimum, comply with section 65.10 of
title 44, Code of Federal Regulations (as in effect on
the date of enactment of this Act); and
(B) be carried out in accordance with such
procedures as the Secretary, in consultation with the
Director of the Federal Emergency Management Agency,
may establish.
(3) Cost sharing.--
(A) Non-federal share.--Subject to subparagraph
(B), the non-Federal share of the cost of carrying out
a levee system evaluation and certification under this
subsection shall be 35 percent.
(B) Adjustment.--The Secretary shall adjust the
non-Federal share of the cost of carrying out a levee
system evaluation and certification under this
subsection in accordance with section 103(m) of the
Water Resources Development Act of 1986 (33 U.S.C.
2213(m)).
(4) Application.--Nothing in this subsection affects the
requirement under section 100226(b)(2) of the Biggert-Waters
Flood Insurance Reform Act of 2012 (42 U.S.C. 4101 note; 126
Stat. 942).
SEC. 2022. RESTORATION OF FLOOD AND HURRICANE STORM DAMAGE REDUCTION
PROJECTS.
(a) In General.--The Secretary shall carry out any measures
necessary to repair or restore federally authorized flood and hurricane
and storm damage reduction projects constructed by the Corps of
Engineers to authorized levels (as of the date of enactment of this
Act) of protection for reasons including settlement, subsidence, sea
level rise, and new datum, if the Secretary determines the necessary
work is technically feasible, environmentally acceptable, and
economically justified.
(b) Cost Share.--The non-Federal share of the cost of construction
of a project carried out under this section shall be determined as
provided in subsections (a) through (d) of section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(c) Operations and Maintenance.--The non-Federal share of the cost
of operations, maintenance, repair, replacement, and rehabilitation for
a project carried out under this section shall be 100 percent.
(d) Eligibility of Projects Transferred to Non-Federal Interest.--
The Secretary may carry out measures described in subsection (a) on a
water resources project, separable element of a project, or functional
component of a project that has been transferred to the non-Federal
interest.
(e) Report to Congress.--Not later than 8 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the implementation of this section, including--
(1) any recommendations relating to the continued need for
the authority provided in this section;
(2) a description of the measures carried out under this
section;
(3) any lessons learned relating to the measures
implemented under this section; and
(4) best practices for carrying out measures to restore
flood and hurricane and storm damage reduction projects.
(f) Termination of Authority.--The authority to carry out a measure
under this section terminates on the date that is 10 years after the
date of enactment of this Act.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $250,000,000.
SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.
The Secretary may assume operation and maintenance activities for a
navigation channel that is deepened by a non-Federal interest prior to
December 31, 2012, if--
(1) the Secretary determines that the requirements under
paragraphs (2) and (3) of section 204(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232(f)) are met;
(2) the Secretary determines that the activities carried
out by the non-Federal interest in deepening the navigation
channel are economically justified and environmentally
acceptable; and
(3) the deepening activities have been carried out on a
Federal navigation channel that--
(A) exists as of the date of enactment of this Act;
and
(B) has been authorized by Congress.
SEC. 2024. DREDGING STUDY.
(a) In General.--The Secretary, in conjunction with other relevant
Federal agencies and applicable non-Federal interests, shall carry out
a study--
(1) to compare domestic and international dredging markets,
including costs, technologies, and management approaches used
in each respective market, and determine the impacts of those
markets on dredging needs and practices in the United States;
(2) to analyze past and existing practices, technologies,
and management approaches used in dredging in the United
States; and
(3) to develop recommendations relating to the best
techniques, practices, and management approaches for dredging
in the United States.
(b) Purposes.--The purposes of the study under this section are--
(1) the identification of the best techniques, methods, and
technologies for dredging, including the evaluation of the
feasibility, cost, and benefits of--
(A) new dredging technologies; and
(B) improved dredging practices and techniques;
(2) the appraisal of the needs of the United States for
dredging, including the need to increase the size of private
and Corps of Engineers dredging fleets to meet demands for
additional construction or maintenance dredging needed as of
the date of enactment of this Act and in the subsequent 20
years;
(3) the identification of any impediments to dredging,
including any recommendations of appropriate alternatives for
responding to those impediments;
(4) the assessment, including any recommendations of
appropriate alternatives, of the adequacy and effectiveness
of--
(A) the economic, engineering, and environmental
methods, models, and analyses used by the Chief of
Engineers and private dredging operations for dredging;
and
(B) the current cost structure of construction
contracts entered into by the Chief of Engineers;
(5) the evaluation of the efficiency and effectiveness of
past, current, and alternative dredging practices and
alternatives to dredging, including agitation dredging; and
(6) the identification of innovative techniques and cost-
effective methods to expand regional sediment management
efforts, including the placement of dredged sediment within
river diversions to accelerate the creation of wetlands.
(c) Study Team.--
(1) In general.--The Secretary shall establish a study team
to assist the Secretary in planning, carrying out, and
reporting on the results of the study under this section.
(2) Study team.--The study team established pursuant to
paragraph (1) shall--
(A) be appointed by the Secretary; and
(B) represent a broad spectrum of experts in the
field of dredging and representatives of relevant State
agencies and relevant non-Federal interests.
(d) Public Comment Period.--The Secretary shall--
(1) make available to the public, including on the
Internet, all draft and final study findings under this
section; and
(2) allow for a public comment period of not less than 30
days on any draft study findings prior to issuing final study
findings.
(e) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, and subject to available appropriations, the
Secretary, in consultation with the study team established under
subsection (c), shall submit a detailed report on the results of the
study to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives.
(f) Failure To Meet Deadlines.--If the Secretary does not complete
the study under this section and submit a report to Congress under
subsection (e) on or before the deadline described in that subsection,
the Secretary shall notify Congress and describe why the study was not
completed.
SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and implement a
pilot program to evaluate the cost-effectiveness and project delivery
efficiency of allowing non-Federal interests to carry out flood risk
management, hurricane and storm damage reduction, coastal harbor and
channel inland navigation, and aquatic ecosystem restoration projects.
(b) Purposes.--The purposes of the pilot program are--
(1) to identify project delivery and cost-saving
alternatives that reduce the backlog of authorized Corps of
Engineers projects;
(2) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal interest carrying
out the design, execution, management, and construction of 1 or
more projects; and
(3) to evaluate alternatives for the decentralization of
the project management, design, and construction for authorized
Corps of Engineers water resources projects.
(c) Administration.--
(1) In general.--In carrying out the pilot program, the
Secretary shall--
(A) identify a total of not more than 15 projects
for flood risk management, hurricane and storm damage
reduction (including levees, floodwalls, flood control
channels, and water control structures), coastal harbor
and channels, inland navigation, and aquatic ecosystem
restoration that have been authorized for construction
prior to the date of enactment of this Act, including--
(i) not more than 12 projects that--
(I)(aa) have received Federal funds
prior to the date of enactment of this
Act; or
(bb) for more than 2 consecutive
fiscal years, have an unobligated
funding balance for that project in the
Corps of Engineers construction
account; and
(II) to the maximum extent
practicable, are located in each of the
divisions of the Corps of Engineers;
and
(ii) not more than 3 projects that have not
received Federal funds in the period beginning
on the date on which the project was authorized
and ending on the date of enactment of this
Act;
(B) notify the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives on
the identification of each project under the pilot
program;
(C) in collaboration with the non-Federal interest,
develop a detailed project management plan for each
identified project that outlines the scope, budget,
design, and construction resource requirements
necessary for the non-Federal interest to execute the
project, or a separable element of the project;
(D) on the request of the non-Federal interest,
enter into a project partnership agreement with the
non-Federal interest for the non-Federal interest to
provide full project management control for
construction of the project, or a separable element of
the project, in accordance with plans approved by the
Secretary;
(E) following execution of the project partnership
agreement, transfer to the non-Federal interest to
carry out construction of the project, or a separable
element of the project--
(i) if applicable, the balance of the
unobligated amounts appropriated for the
project, except that the Secretary shall retain
sufficient amounts for the Corps of Engineers
to carry out any responsibilities of the Corps
of Engineers relating to the project and pilot
program; and
(ii) additional amounts, as determined by
the Secretary, from amounts made available
under subsection (h), except that the total
amount transferred to the non-Federal interest
shall not exceed the updated estimate of the
Federal share of the cost of construction,
including any required design; and
(F) regularly monitor and audit each project being
constructed by a non-Federal interest under this
section to ensure that the construction activities are
carried out in compliance with the plans approved by
the Secretary and that the construction costs are
reasonable.
(2) Detailed project schedule.--Not later than 180 days
after entering into an agreement under paragraph (1)(D), each
non-Federal interest, to the maximum extent practicable, shall
submit to the Secretary a detailed project schedule, based on
estimated funding levels, that lists all deadlines for each
milestone in the construction of the project.
(3) Technical assistance.--On the request of a non-Federal
interest, the Secretary may provide technical assistance to the
non-Federal interest, if the non-Federal interest contracts
with and compensates the Secretary for the technical assistance
relating to--
(A) any study, engineering activity, and design
activity for construction carried out by the non-
Federal interest under this section; and
(B) expeditiously obtaining any permits necessary
for the project.
(d) Cost-share.--Nothing in this section affects the cost-sharing
requirement applicable on the day before the date of enactment of this
Act to a project carried out under this section.
(e) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report detailing the results of the pilot
program carried out under this section, including--
(A) a description of the progress of non-Federal
interests in meeting milestones in detailed project
schedules developed pursuant to subsection (c)(2); and
(B) any recommendations of the Secretary concerning
whether the program or any component of the program
should be implemented on a national basis.
(2) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update of the report described in paragraph
(1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this subsection,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(f) Administration.--All laws and regulations that would apply to
the Secretary if the Secretary were carrying out the project shall
apply to a non-Federal interest carrying out a project under this
section.
(g) Termination of Authority.--The authority to commence a project
under this section terminates on the date that is 5 years after the
date of enactment of this Act.
(h) Authorization of Appropriations.--In addition to any amounts
appropriated for a specific project, there is authorized to be
appropriated to the Secretary to carry out the pilot program under this
section, including the costs of administration of the Secretary,
$25,000,000 for each of fiscal years 2014 through 2018.
SEC. 2026. NON-FEDERAL IMPLEMENTATION OF FEASIBILITY STUDIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and implement a
pilot program to evaluate the cost-effectiveness and project delivery
efficiency of allowing non-Federal interests to carry out feasibility
studies for flood risk management, hurricane and storm damage
reduction, aquatic ecosystem restoration, and coastal harbor and
channel and inland navigation.
(b) Purposes.--The purposes of the pilot program are--
(1) to identify project delivery and cost-saving
alternatives to the existing feasibility study process;
(2) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal interest carrying
out a feasibility study of 1 or more projects; and
(3) to evaluate alternatives for the decentralization of
the project planning, management, and operational
decisionmaking process of the Corps of Engineers.
(c) Administration.--
(1) In general.--On the request of a non-Federal interest,
the Secretary may enter into an agreement with the non-Federal
interest for the non-Federal interest to provide full project
management control of a feasibility study for a project for--
(A) flood risk management;
(B) hurricane and storm damage reduction, including
levees, floodwalls, flood control channels, and water
control structures;
(C) coastal harbor and channel and inland
navigation; and
(D) aquatic ecosystem restoration.
(2) Use of non-federal-funds.--
(A) In general.--A non-Federal interest that has
entered into an agreement with the Secretary pursuant
to paragraph (1) may use non-Federal funds to carry out
the feasibility study.
(B) Credit.--The Secretary shall credit towards the
non-Federal share of the cost of construction of a
project for which a feasibility study is carried out
under this section an amount equal to the portion of
the cost of developing the study that would have been
the responsibility of the Secretary, if the study were
carried out by the Secretary, subject to the conditions
that--
(i) non-Federal funds were used to carry
out the activities that would have been the
responsibility of the Secretary;
(ii) the Secretary determines that the
feasibility study complies with all applicable
Federal laws and regulations; and
(iii) the project is authorized by any
provision of Federal law enacted after the date
on which an agreement is entered into under
paragraph (1).
(3) Transfer of funds.--
(A) In general.--After the date on which an
agreement is executed pursuant to paragraph (1), the
Secretary may transfer to the non-Federal interest to
carry out the feasibility study--
(i) if applicable, the balance of any
unobligated amounts appropriated for the study,
except that the Secretary shall retain
sufficient amounts for the Corps of Engineers
to carry out any responsibilities of the Corps
of Engineers relating to the project and pilot
program; and
(ii) additional amounts, as determined by
the Secretary, from amounts made available
under subsection (h), except that the total
amount transferred to the non-Federal interest
shall not exceed the updated estimate of the
Federal share of the cost of the feasibility
study.
(B) Administration.--The Secretary shall include
such provisions as the Secretary determines to be
necessary in an agreement under paragraph (1) to ensure
that a non-Federal interest receiving Federal funds
under this paragraph--
(i) has the necessary qualifications to
administer those funds; and
(ii) will comply with all applicable
Federal laws (including regulations) relating
to the use of those funds.
(4) Notification.--The Secretary shall notify the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives on the initiation of each feasibility study
under the pilot program.
(5) Auditing.--The Secretary shall regularly monitor and
audit each feasibility study carried out by a non-Federal
interest under this section to ensure that the use of any funds
transferred under paragraph (3) are used in compliance with the
agreement signed under paragraph (1).
(6) Technical assistance.--On the request of a non-Federal
interest, the Secretary may provide technical assistance to the
non-Federal interest relating to any aspect of the feasibility
study, if the non-Federal interest contracts with the Secretary
for the technical assistance and compensates the Secretary for
the technical assistance.
(7) Detailed project schedule.--Not later than 180 days
after entering into an agreement under paragraph (1), each non-
Federal interest, to the maximum extent practicable, shall
submit to the Secretary a detailed project schedule, based on
full funding capability, that lists all deadlines for
milestones relating to the feasibility study.
(d) Cost-share.--Nothing in this section affects the cost-sharing
requirement applicable on the day before the date of enactment of this
Act to a feasibility study carried out under this section.
(e) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report detailing the results of the pilot
program carried out under this section, including--
(A) a description of the progress of the non-
Federal interests in meeting milestones in detailed
project schedules developed pursuant to subsection
(c)(7); and
(B) any recommendations of the Secretary concerning
whether the program or any component of the program
should be implemented on a national basis.
(2) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update of the report described in paragraph
(1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this subsection,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(f) Administration.--All laws and regulations that would apply to
the Secretary if the Secretary were carrying out the feasibility study
shall apply to a non-Federal interest carrying out a feasibility study
under this section.
(g) Termination of Authority.--The authority to commence a
feasibility study under this section terminates on the date that is 5
years after the date of enactment of this Act.
(h) Authorization of Appropriations.--In addition to any amounts
appropriated for a specific project, there is authorized to be
appropriated to the Secretary to carry out the pilot program under this
section, including the costs of administration of the Secretary,
$25,000,000 for each of fiscal years 2014 through 2018.
SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000 (33
U.S.C. 2269) is amended--
(1) in subsection (d)(1)(B)--
(A) by striking ``The ability'' and inserting the
following:
``(i) In general.--The ability''; and
(B) by adding at the end the following:
``(ii) Determination.--Not later than 180
days after the date of enactment of the Water
Resources Development Act of 2013, the
Secretary shall issue guidance on the
procedures described in clause (i).''; and
(2) in subsection (e), by striking ``2012'' and inserting
``2023''.
SEC. 2028. COOPERATIVE AGREEMENTS WITH COLUMBIA RIVER BASIN INDIAN
TRIBES.
The Secretary may enter into a cooperative agreement with 1 or more
federally recognized Indian tribes (or a designated representative of
the Indian tribes) that are located, in whole or in part, within the
boundaries of the Columbia River Basin to carry out authorized
activities within the Columbia River Basin to protect fish, wildlife,
water quality, and cultural resources.
SEC. 2029. MILITARY MUNITIONS RESPONSE ACTIONS AT CIVIL WORKS SHORELINE
PROTECTION PROJECTS.
(a) In General.--The Secretary may implement any response action
the Secretary determines to be necessary at a site where--
(1) the Secretary has carried out a project under civil
works authority of the Secretary that includes placing sand on
a beach;
(2) as a result of the project described in paragraph (1),
military munitions that were originally released as a result of
Department of Defense activities are deposited on the beach,
posing a threat to human health or the environment.
(b) Response Action Funding.--A response action described in
subsection (a) shall be funded from amounts made available to the
agency within the Department of Defense responsible for the original
release of the munitions.
SEC. 2030. BEACH NOURISHMENT.
Section 156 of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f) is amended to read as follows:
``SEC. 156. BEACH NOURISHMENT.
``(a) In General.--Subject to subsection (b)(2)(A), the Secretary
of the Army, acting through the Chief of Engineers, may provide
periodic beach nourishment for each water resources development project
for which that nourishment has been authorized for an additional period
of time, as determined by the Secretary, subject to the condition that
the additional period shall not exceed the later of--
``(1) 50 years after the date on which the construction of
the project is initiated; or
``(2) the date on which the last estimated periodic
nourishment for the project is to be carried out, as
recommended in the applicable report of the Chief of Engineers.
``(b) Extension.--
``(1) In general.--Except as provided in paragraph (3),
before the date on which the 50-year period referred to in
subsection (a)(1) expires, the Secretary of the Army, acting
through the Chief of Engineers--
``(A) may, at the request of the non-Federal
interest and subject to the availability of
appropriations, carry out a review of a nourishment
project carried out under subsection (a) to evaluate
the feasibility of continuing Federal participation in
the project for a period not to exceed 15 years; and
``(B) shall submit to Congress any recommendations
of the Secretary relating to the review.
``(2) Plan for reducing risk to people and property.--
``(A) In general.--The non-Federal interest shall
submit to the Secretary a plan for reducing the risk to
people and property during the life of the project.
``(B) Inclusion in report to congress.--The
Secretary shall submit to Congress the plan described
in subparagraph (A) with the recommendations submitted
in paragraph (1)(B).
``(3) Review commenced within 2 years of expiration of 50-
year period.--
``(A) In general.--If the Secretary of the Army
commences a review under paragraph (1) not earlier than
the period beginning on the date that is 2 years before
the date on which the 50-year period referred to in
subsection (a)(1) expires and ending on the date on
which the 50-year period expires, the project shall
remain authorized after the expiration of the 50-year
period until the earlier of--
``(i) 3 years after the expiration of the
50-year period; or
``(ii) the date on which a determination is
made as to whether to extend Federal
participation in the project in accordance with
paragraph (1).
``(B) Calculation of time period for extension.--
Notwithstanding clauses (i) and (ii) of subparagraph
(A) and after a review under subparagraph (A) is
completed, if a determination is made to extend Federal
participation in the project in accordance with
paragraph (1) for a period not to exceed 15 years, that
period shall begin on the date on which the
determination is made.''.
SEC. 2031. REGIONAL SEDIMENT MANAGEMENT.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) (as amended by section 2003(c)) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or used in''
after ``obtained through''; and
(B) in paragraph (3)(C), by inserting ``for the
purposes of improving environmental conditions in marsh
and littoral systems, stabilizing stream channels,
enhancing shorelines, and supporting State and local
risk management adaptation strategies'' before the
period at the end;
(2) in subsection (c)(1)(B)--
(A) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)'';
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) Reduction in non-federal share.--The
Secretary may reduce the non-Federal share of
the costs of construction of a project if the
Secretary determines that, through the
beneficial use of sediment at another Federal
project, there will be an associated reduction
or avoidance of Federal costs.'';
(3) in subsection (d)--
(A) by striking the subsection designation and
heading and inserting the following:
``(d) Selection of Dredged Material Disposal Method for Purposes
Related to Environmental Restoration or Storm Damage and Flood
Reduction.--''; and
(B) in paragraph (1), by striking ``in relation
to'' and all that follows through the period at the end
and inserting ``in relation to--
``(A) the environmental benefits, including the
benefits to the aquatic environment to be derived from
the creation of wetlands and control of shoreline
erosion; or
``(B) the flood and storm damage and flood
reduction benefits, including shoreline protection,
protection against loss of life, and damage to improved
property.''; and
(4) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) cooperate with any State or group of States in the
preparation of a comprehensive State or regional sediment
management plan within the boundaries of the State or among
States;''.
SEC. 2032. STUDY ACCELERATION.
(a) Findings.--Congress finds that--
(1) delays in the completion of feasibility studies--
(A) increase costs for the Federal Government as
well as State and local governments; and
(B) delay the implementation of water resources
projects that provide critical benefits, including
reducing flood risk, maintaining commercially important
flood risk, and restoring vital ecosystems; and
(2) the efforts undertaken by the Corps of Engineers
through the establishment of the ``3-3-3'' planning process
should be continued.
(b) Acceleration of Studies.--
(1) In general.--Subject to paragraphs (2) and (3), a
feasibility study initiated after the date of enactment of this
Act shall--
(A) be completed not later than 3 years after the
date of initiation of the study; and
(B) have a maximum Federal cost share of
$3,000,000.
(2) Ability to comply.--On initiating a feasibility study
under paragraph (1), the Secretary shall--
(A) certify that the study will comply with the
requirements of paragraph (1);
(B) for projects the Secretary determines to be too
complex to comply with the requirements of paragraph
(1)--
(i) not less than 30 days after making a
determination, notify the non-Federal interest
regarding the inability to comply; and
(ii) provide a new projected timeline and
cost; and
(C) if the study conditions have changed such that
scheduled timelines or study costs will not be met--
(i) not later than 30 days after the study
conditions change, notify the non-Federal
interest of those changed conditions; and
(ii) present the non-Federal interest with
a new timeline for completion and new projected
study costs.
(3) Appropriations.--
(A) In general.--All timeline and cost conditions
under this section shall be subject to the Secretary
receiving adequate appropriations for meeting study
timeline and cost requirements.
(B) Notification.--Not later than 60 days after
receiving appropriations, the Secretary shall notify
the non-Federal interest of any changes to timelines or
costs due to inadequate appropriations.
(c) Report.--Not later than 18 months after the date of enactment
of this Act and each year thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes--
(1) the status of the implementation of the ``3-3-3''
planning process, including the number of participating
projects;
(2) the amount of time taken to complete all studies
participating in the ``3-3-3'' planning process; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the feasibility study process
for water resource projects.
SEC. 2033. PROJECT ACCELERATION.
Section 2045 of the Water Resources Development Act of 2007 (33
U.S.C. 2348) is amended to read as follows:
``SEC. 2045. PROJECT ACCELERATION.
``(a) Definitions.--In this section:
``(1) Environmental impact statement.--The term
`environmental impact statement' means the detailed statement
of environmental impacts of water resource projects required to
be prepared pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(2) Environmental review process.--
``(A) In general.--The term `environmental review
process' means the process of preparing an
environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for a water resource project.
``(B) Inclusions.--The term `environmental review
process' includes the process for and completion of any
environmental permit, approval, review, or study
required for a water resource project under any Federal
law other than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(3) Federal jurisdictional agency.--The term `Federal
jurisdictional agency' means a Federal agency with jurisdiction
delegated by law, regulation, order, or otherwise over an
approval or decision required for a water resource project
under applicable Federal laws (including regulations).
``(4) Lead agency.--The term `lead agency' means the Corps
of Engineers and, if applicable, any State, local, or tribal
governmental entity serving as a joint lead agency pursuant to
section 1506.3 of title 40, Code of Federal Regulations (or a
successor regulation).
``(5) Water resource project.--The term `water resource
project' means a Corps of Engineers water resource project.
``(b) Policy.--The benefits of water resource projects designed and
carried out in an economically and environmentally sound manner are
important to the economy and environment of the United States, and
recommendations to Congress regarding those projects should be
developed using coordinated and efficient review and cooperative
efforts to prevent or quickly resolve disputes during the planning of
those water resource projects.
``(c) Applicability.--
``(1) In general.--The project planning procedures under
this section apply to proposed projects initiated after the
date of enactment of the Water Resources Development Act of
2013 and for which the Secretary determines that--
``(A) an environmental impact statement is
required; or
``(B) at the discretion of the Secretary, other
water resource projects for which an environmental
review process document is required to be prepared.
``(2) Flexibility.--Any authorities granted in this section
may be exercised, and any requirements established under this
section may be satisfied, for the planning of a water resource
project, a class of those projects, or a program of those
projects.
``(3) List of water resources development projects.--
``(A) In general.--The Secretary shall annually
prepare, and make publicly available, a separate list
of each study that the Secretary has determined--
``(i) meets the standards described in
paragraph (1); and
``(ii) does not have adequate funding to
make substantial progress toward the completion
of the planning activities for the water
resource project.
``(B) Inclusions.--The Secretary shall include for
each study on the list under subparagraph (A) a
description of the estimated amounts necessary to make
substantial progress on the study.
``(4) Implementation guidance.--The Secretary shall
prepare, in consultation with the Council on Environmental
Quality and other Federal agencies with jurisdiction over
actions or resources that may be impacted by a water resource
project, guidance documents that describe the coordinated
review processes that the Secretary will use to implement this
section for the planning of water resource projects, in
accordance with the civil works program of the Corps of
Engineers and all applicable law.
``(d) Water Resource Project Review Process.--
``(1) In general.--The Secretary shall develop and
implement a coordinated review process for the development of
water resource projects.
``(2) Coordinated review.--The coordinated review process
described in paragraph (1) shall require that any analysis,
opinion, permit, license, statement, and approval issued or
made by a Federal, State, or local governmental agency or an
Indian tribe for the planning of a water resource project
described in subsection (b) be conducted, to the maximum extent
practicable, concurrently with any other applicable
governmental agency or Indian tribe.
``(3) Timing.--The coordinated review process under this
subsection shall be completed not later than the date on which
the Secretary, in consultation and concurrence with the
agencies identified under subsection (e), establishes with
respect to the water resource project.
``(e) Identification of Jurisdictional Agencies.--With respect to
the development of each water resource project, the Secretary shall
identify, as soon as practicable, all Federal, State, and local
government agencies and Indian tribes that may--
``(1) have jurisdiction over the water resource project;
``(2) be required by law to conduct or issue a review,
analysis, or opinion for the water resource project; or
``(3) be required to make a determination on issuing a
permit, license, or approval for the water resource project.
``(f) State Authority.--If the coordinated review process is being
implemented under this section by the Secretary with respect to the
planning of a water resource project described in subsection (c) within
the boundaries of a State, the State, consistent with State law, may
choose to participate in the process and to make subject to the process
all State agencies that--
``(1) have jurisdiction over the water resource project;
``(2) are required to conduct or issue a review, analysis,
or opinion for the water resource project; or
``(3) are required to make a determination on issuing a
permit, license, or approval for the water resource project.
``(g) Lead Agencies.--
``(1) Federal lead agency.--Subject to paragraph (2), the
Corps of Engineers shall be the lead Federal agency in the
environmental review process for a water resource project.
``(2) Joint lead agencies.--
``(A) In general.--At the discretion of the
Secretary and subject to any applicable regulations
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the concurrence of the
proposed joint lead agency, an agency other than the
Corps of Engineers may serve as the joint lead agency.
``(B) Non-federal interest as joint lead agency.--A
non-Federal interest that is a State or local
governmental entity--
``(i) may, with the concurrence of the
Secretary, serve as a joint lead agency with
the Corps of Engineers for purposes of
preparing any environmental document under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(ii) may prepare any environmental review
process document under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) required in support of any action
or approval by the Secretary if--
``(I) the Secretary provides
guidance in the preparation process and
independently evaluates that document
``(II) the non-Federal interest
complies with all requirements
applicable to the Secretary under--
``(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
``(bb) any regulation
implementing that Act; and
``(cc) any other applicable
Federal law; and
``(III) the Secretary approves and
adopts the document before the
Secretary takes any subsequent action
or makes any approval based on that
document, regardless of whether the
action or approval of the Secretary
results in Federal funding.
``(3) Duties.--The Secretary shall ensure that--
``(A) the non-Federal interest complies with all
design and mitigation commitments made jointly by the
Secretary and the non-Federal interest in any
environmental document prepared by the non-Federal
interest in accordance with this subsection; and
``(B) any environmental document prepared by the
non-Federal interest is appropriately supplemented
under paragraph (2)(B) to address any changes to the
water resource project the Secretary determines are
necessary.
``(4) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection may be
adopted or used by any Federal agency making any approval to
the same extent that the Federal agency could adopt or use a
document prepared by another Federal agency under--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(B) parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations).
``(5) Roles and responsibility of lead agency.--With
respect to the environmental review process for any water
resource project, the lead agency shall have authority and
responsibility--
``(A) to take such actions as are necessary and
proper and within the authority and responsibility of
the lead agency to facilitate the expeditious
resolution of the environmental review process for the
water resource project; and
``(B) to prepare or ensure that any required
environmental impact statement or other environmental
review document for a water resource project required
to be completed under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) is completed in
accordance with this section and applicable Federal
law.
``(h) Participating and Cooperating Agencies.--
``(1) Invitation.--
``(A) In general.--The lead agency shall identify,
as early as practicable in the environmental review
process for a water resource project, any other Federal
or non-Federal agencies that may have an interest in
that project and invite those agencies to become
participating or cooperating agencies, as applicable,
in the environmental review process for the water
resource project.
``(B) Procedures.--Section 1501.6 of title 40, Code
of Federal Regulations (as in effect on the date of
enactment of the Water Resources Development Act of
2013) shall govern the identification and the
participation of a cooperating agency under
subparagraph (A).
``(C) Deadline.--An invitation to participate
issued under subparagraph (A) shall set a deadline by
which a response to the invitation shall be submitted,
which may be extended by the lead agency for good
cause.
``(2) Federal cooperating agencies.--Any Federal agency
that is invited by the lead agency to participate in the
environmental review process for a water resource project shall
be designated as a cooperating agency by the lead agency unless
the invited agency informs the lead agency, in writing, by the
deadline specified in the invitation that the invited agency--
``(A)(i) has no jurisdiction or authority with
respect to the water resource project;
``(ii) has no expertise or information relevant to
the water resource project; or
``(iii) does not have adequate funds to participate
in the water resource project; and
``(B) does not intend to submit comments on the
water resource project.
``(3) Effect of designation.--Designation as a
participating or cooperating agency under this subsection shall
not imply that the participating or cooperating agency--
``(A) supports a proposed water resource project;
or
``(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the water
resource project.
``(4) Concurrent reviews.--Each cooperating agency shall--
``(A) carry out the obligations of that agency
under other applicable law concurrently and in
conjunction with the required environmental review
process, unless doing so would impair the ability of
the Federal agency to conduct needed analysis or
otherwise carry out those obligations; and
``(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the agency
to ensure completion of the environmental review
process in a timely, coordinated, and environmentally
responsible manner.
``(i) Programmatic Compliance.--
``(1) In general.--The Secretary shall issue guidance
regarding the use of programmatic approaches to carry out the
environmental review process that--
``(A) eliminates repetitive discussions of the same
issues;
``(B) focuses on the actual issues ripe for
analyses at each level of review;
``(C) establishes a formal process for coordinating
with cooperating agencies, including the creation of a
list of all data that is needed to carry out an
environmental review process; and
``(D) complies with--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(ii) all other applicable laws.
``(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
``(A) as the first step in drafting guidance under
that paragraph, consult with relevant Federal and State
agencies, Indian tribes, and the public on the
appropriate use and scope of the programmatic
approaches;
``(B) emphasize the importance of collaboration
among relevant Federal agencies, State agencies, and
Indian tribes in undertaking programmatic reviews,
especially with respect to including reviews with a
broad geographical scope;
``(C) ensure that the programmatic reviews--
``(i) promote transparency, including of
the analyses and data used in the environmental
review process, the treatment of any deferred
issues raised by Federal, State, or tribal
agencies, or the public, and the temporal and
special scales to be used to analyze those
issues;
``(ii) use accurate and timely information
in the environmental review process,
including--
``(I) criteria for determining the
general duration of the usefulness of
the review; and
``(II) the timeline for updating
any out-of-date review;
``(iii) describe--
``(I) the relationship between
programmatic analysis and future tiered
analysis; and
``(II) the role of the public in
the creation of future tiered analysis;
and
``(iv) are available to other relevant
Federal and State agencies, Indian tribes, and
the public;
``(D) allow not fewer than 60 days of public notice
and comment on any proposed guidance; and
``(E) address any comments received under
subparagraph (D).
``(j) Coordinated Reviews.--
``(1) Coordination plan.--
``(A) Establishment.--
``(i) In general.--The lead agency shall,
after consultation with and with the
concurrence of each cooperating agency for the
water resource project and the non-Federal
interest or joint lead agency, as applicable,
establish a plan for coordinating public and
agency participation in, and comment on, the
environmental review process for a water
resource project or a category of water
resource projects.
``(ii) Incorporation.--The plan established
under clause (i) shall be incorporated into the
project schedule milestones set under section
905(g)(2) of the Water Resources Development
Act of 1986 (33 U.S.C. 2282(g)(2)).
``(2) Comment deadlines.--The lead agency shall establish
the following deadlines for comment during the environmental
review process for a water resource project:
``(A) Draft environmental impact statements.--For
comments by Federal and States agencies and the public
on a draft environmental impact statement, a period of
not more than 60 days after publication in the Federal
Register of notice of the date of public availability
of the draft environmental impact statement, unless--
``(i) a different deadline is established
by agreement of the lead agency, the non-
Federal interest, as applicable, and all
participating and cooperating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) Other environmental review processes.--For
all comment periods established by the lead agency for
agency or public comments in the environmental review
process of an action within a program under the
authority of the lead agency other than for a draft
environmental impact statement, a period of not more
than 30 days after the date on which the materials on
which comment is requested are made available, unless--
``(i) a different deadline is established
by agreement of the lead agency, the non-
Federal interest, and all cooperating agencies;
or
``(ii) the deadline is extended by the lead
agency for good cause.
``(3) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating to a
project, including the issuance or denial of a permit or
license, is required to be made by the date described in
subsection (k)(6)(B)(ii), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) as soon as practicable after the 180-day
period described in subsection (k)(6)(B)(ii), an
initial notice of the failure of the Federal agency to
make the decision; and
``(B) every 60 days thereafter until such date as
all decisions of the Federal agency relating to the
project have been made by the Federal agency, an
additional notice that describes the number of
decisions of the Federal agency that remain outstanding
as of the date of the additional notice.
``(4) Involvement of the public.--Nothing in this
subsection reduces any time period provided for public comment
in the environmental review process under applicable Federal
law (including regulations).
``(k) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the environmental
review process or result in the denial of any approval required
for the water resource project under applicable laws.
``(2) Lead agency responsibilities.--
``(A) In general.--The lead agency shall make
information available to the cooperating agencies and
participating agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources located
within the water resource project area and the general
locations of the alternatives under consideration.
``(B) Data sources.--The information under
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
``(3) Cooperating and participating agency
responsibilities.--Based on information received from the lead
agency, cooperating and participating agencies shall identify,
as early as practicable, any issues of concern regarding the
potential environmental or socioeconomic impacts of the water
resource project, including any issues that could substantially
delay or prevent an agency from granting a permit or other
approval that is needed for the water resource project.
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) In general.--Not later than 45 days after the
close of the public comment period on a draft
environmental impact statement, the Secretary may
convene a meeting with the non-Federal interest or
joint lead agency, as applicable, relevant resource
agencies, and relevant Federal and State agencies to
establish a schedule of deadlines to complete decisions
regarding the water resource project.
``(B) Deadlines.--
``(i) In general.--The deadlines referred
to in subparagraph (A) shall be those
established by the Secretary, in consultation
with and with the concurrence of the non-
Federal interest or joint lead agency, as
applicable, and other relevant Federal and
State agencies.
``(ii) Factors for consideration.--In
establishing a schedule, the Secretary shall
consider factors such as--
``(I) the responsibilities of
cooperating agencies under applicable
laws;
``(II) the resources available to
the non-Federal interest, joint lead
agency, and other relevant Federal and
State agencies, as applicable;
``(III) the overall size and
complexity of the water resource
project;
``(IV) the overall schedule for and
cost of the water resource project; and
``(V) the sensitivity of the
natural and historical resources that
could be affected by the water resource
project.
``(iii) Modifications.--The Secretary may--
``(I) lengthen a schedule under
clause (i) for good cause; and
``(II) shorten a schedule only with
concurrence of the affected non-Federal
interest, joint lead agency, or
relevant Federal and State agencies, as
applicable.
``(C) Failure to meet deadline.--If the agencies
described in subparagraph (A) cannot provide reasonable
assurances that the deadlines described in subparagraph
(B) will be met, the Secretary may initiate the issue
resolution and referral process described under
paragraph (5) before the completion of the record of
decision.
``(5) Accelerated issue resolution and elevation.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A cooperating agency or
non-Federal interest may request an issue
resolution meeting to be conducted by the
Secretary.
``(ii) Action by secretary.--The Secretary
shall convene an issue resolution meeting under
clause (i) with the relevant cooperating
agencies and the non-Federal interest, as
applicable, to resolve issues that could--
``(I) delay completion of the
environmental review process; or
``(II) conflict with the ability of
a cooperating agency to carry out
applicable Federal laws (including
regulations).
``(iii) Date.--A meeting requested under
this subparagraph shall be held not later than
21 days after the date on which the Secretary
receives the request for the meeting, unless
the Secretary determines that there is good
cause to extend that deadline.
``(iv) Notification.--On receipt of a
request for a meeting under this subparagraph,
the Secretary shall notify all relevant
cooperating agencies of the request, including
the issue to be resolved and the date for the
meeting.
``(v) Disputes.--If a relevant cooperating
agency with jurisdiction over an action,
including a permit approval, review, or other
statement or opinion required for a water
resource project under applicable law
determines that the relevant information
necessary to resolve the issue has not been
obtained and could not have been obtained
within a reasonable time, but the Secretary
disagrees, the resolution of the dispute shall
be forwarded to the heads of the relevant
agencies for resolution.
``(vi) Convention by lead agency.--The
Secretary may convene an issue resolution
meeting under this subsection at any time, at
the discretion of the Secretary, regardless of
whether a meeting is requested under clause
(i).
``(vii) Exception.--
``(I) In general.--The issue
resolution and referral process under
this subparagraph shall not be
initiated if the applicable agency--
``(aa) notifies, with a
supporting explanation, the
lead agency, cooperating
agencies, and non-Federal
interest, as applicable, that--
``(AA) the agency
has not received
necessary information
or approvals from
another entity in a
manner that affects the
ability of the agency
to meet any
requirements under
Federal, tribal, State,
or local law;
``(BB) significant
new information,
including from public
comments, or
circumstances,
including a major
modification to an
aspect of the water
resource project,
requires additional
analysis for the agency
to make a decision on
the water resource
project application; or
``(CC) the agency
lacks the financial
resources to complete
the review under the
scheduled time frame,
including a description
of the number of full-
time employees required
to complete the review,
the amount of funding
required to complete
the review, and a
justification as to why
there is not enough
funding available to
complete the review by
the deadline; and
``(bb) establishes a new
deadline for completion of the
review.
``(II) Inspector general.--If the
applicable agency makes a certification
under subclause (I)(aa)(CC), the
Inspector General of the applicable
agency shall conduct a financial audit
to review that certification and submit
a report on that certification within
90 days to the Committee on Environment
and Public Works of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives.
``(B) Elevation of issue resolution.--
``(i) In general.--If issue resolution is
not achieved by not later than 30 days after
the date on which a relevant meeting is held
under subparagraph (A), the Secretary shall
notify the heads of the relevant cooperating
agencies and the non-Federal interest that an
issue resolution meeting will be convened.
``(ii) Requirements.--The Secretary shall
identify the issues to be addressed at the
meeting and convene the meeting not later than
30 days after the date on which the notice is
issued.
``(C) Submission of issue resolution.--
``(i) Submission to council on
environmental quality.--
``(I) In general.--If a resolution
is not achieved by not later than 30
days after the date on which an issue
resolution meeting is held under
subparagraph (B), the Secretary shall
submit the matter to the Council on
Environmental Quality.
``(II) Meeting.--Not later than 30
days after the date on which the
Council on Environmental Quality
receives a submission from the
Secretary under subclause (I), the
Council on Environmental Quality shall
hold an issue resolution meeting with
the lead agency, the heads of relevant
cooperating agencies and the non-
Federal interest.
``(III) Additional hearings.--The
Council on Environmental Quality may
hold public meetings or hearings to
obtain additional views and information
that the Council on Environmental
Quality determines are necessary,
consistent with the time frames
described in this paragraph.
``(ii) Remedies.--Not later than 30 days
after the date on which an issue resolution
meeting is convened by the Council on
Environmental Quality under clause (i)(II), the
Secretary shall--
``(I) publish findings that explain
how the issue was resolved and
recommendations (including, where
appropriate, a finding that the
submission does not support the
position of the submitting agency); or
``(II) if the resolution of the
issue was not achieved, submit to the
President for action--
``(aa) the submission;
``(bb) any views or
additional information
developed during any additional
hearings under clause (i)(III);
and
``(cc) the recommendation
of the Council on Environmental
Quality.
``(6) Financial penalty provisions.--
``(A) In general.--A Federal jurisdictional agency
shall complete any required approval or decision on an
expeditious basis using the shortest existing
applicable process.
``(B) Failure to decide.--
``(i) In general.--If a Federal
jurisdictional agency fails to render a
decision under any Federal law relating to a
water resource project that requires the
preparation of an environmental impact
statement or environmental assessment,
including the issuance or denial of a permit,
license, statement, opinion, or other approval
by the date described in clause (ii), the
amount of funds made available to support the
office of the head of the Federal
jurisdictional agency shall be reduced by an
amount of funding equal to the amounts
specified in subclause (I) or (II) and those
funds shall be made available to the division
of the Federal jurisdictional agency charged
with rendering the decision by not later than 1
day after the applicable date under clause
(ii), and once each week thereafter until a
final decision is rendered, subject to
subparagraph (C)--
``(I) $20,000 for any water
resource project requiring the
preparation of an environmental
assessment or environmental impact
statement; or
``(II) $10,000 for any water
resource project requiring any type of
review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) other than an environmental
assessment or environmental impact
statement.
``(ii) Description of date.--The date
referred to in clause (i) is the later of--
``(I) the date that is 180 days
after the date on which an application
for the permit, license, or approval is
complete; and
``(II) the date that is 180 days
after the date on which the Federal
lead agency issues a decision on the
water resource project under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(C) Limitations.--
``(i) In general.--No transfer of funds
under subparagraph (B) relating to an
individual water resource project shall exceed,
in any fiscal year, an amount equal to 1
percent of the funds made available for the
applicable agency office.
``(ii) Failure to decide.--The total amount
transferred in a fiscal year as a result of a
failure by an agency to make a decision by an
applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available
for the applicable agency office for that
fiscal year.
``(iii) Aggregate.--Notwithstanding any
other provision of law, for each fiscal year,
the aggregate amount of financial penalties
assessed against each applicable agency office
under title II of the Water Resources
Development Act of 2013 and any other Federal
law as a result of a failure of the agency to
make a decision by an applicable deadline for
environmental review, including the total
amount transferred under this paragraph, shall
not exceed an amount equal to 9.5 percent of
the funds made available for the agency office
for that fiscal year.
``(D) No fault of agency.--
``(i) In general.--A transfer of funds
under this paragraph shall not be made if the
applicable agency described in subparagraph (A)
notifies, with a supporting explanation, the
lead agency, cooperating agencies, and non-
Federal interest, as applicable, that--
``(I) the agency has not received
necessary information or approvals from
another entity in a manner that affects
the ability of the agency to meet any
requirements under Federal, State, or
local law;
``(II) significant new information,
including from public comments, or
circumstances, including a major
modification to an aspect of the water
resource project, requires additional
analysis for the agency to make a
decision on the water resource project
application; or
``(III) the agency lacks the
financial resources to complete the
review under the scheduled time frame,
including a description of the number
of full-time employees required to
complete the review, the amount of
funding required to complete the
review, and a justification as to why
there is not enough funding available
to complete the review by the deadline.
``(ii) Lack of financial resources.--If the
agency provides notice under clause (i)(III),
the Inspector General of the agency shall--
``(I) conduct a financial audit to
review the notice; and
``(II) not later than 90 days after
the date on which the review described
in subclause (I) is completed, submit
to the Committee on Environment and
Public Works of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives a report on the notice.
``(E) Limitation.--The Federal agency from which
funds are transferred pursuant to this paragraph shall
not reprogram funds to the office of the head of the
agency, or equivalent office, to reimburse that office
for the loss of the funds.
``(F) Effect of paragraph.--Nothing in this
paragraph affects or limits the application of, or
obligation to comply with, any Federal, State, local,
or tribal law.
``(l) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress made toward improving and
expediting the planning and environmental review process.
``(m) Memorandum of Agreements for Early Coordination.--
``(1) Sense of congress.--It is the sense of Congress
that--
``(A) the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review
process should cooperate with each other, State
agencies, and Indian tribes on environmental review and
water resource project delivery activities at the
earliest practicable time to avoid delays and
duplication of effort later in the process, prevent
potential conflicts, and ensure that planning and water
resource project development decisions reflect
environmental values; and
``(B) the cooperation referred to in subparagraph
(A) should include the development of policies and the
designation of staff that advise planning agencies and
non-Federal interests of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies
and Indian tribes.
``(2) Technical assistance.--If requested at any time by a
State or non-Federal interest, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the maximum extent practicable and
appropriate, as determined by the agencies, provide technical
assistance to the State or non-Federal interest in carrying out
early coordination activities.
``(3) Memorandum of agency agreement.--If requested at any
time by a State or non-Federal interest, the lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may establish
memoranda of agreement with the non-Federal interest, Indian
tribe, State and local governments, and other appropriate
entities to carry out the early coordination activities,
including providing technical assistance in identifying
potential impacts and mitigation issues in an integrated
fashion.
``(n) Limitations.--Nothing in this section preempts, supersedes,
amends, modifies, repeals, or interferes with--
``(1) any statutory or regulatory requirement, including
for seeking, considering, or responding to public comment;
``(2) any obligation to comply with the provisions any
Federal law, including--
``(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(B) the regulations issued by the Council on
Environmental Quality or any other Federal agency to
carry out that Act; and
``(C) any other Federal environmental law;
``(3) the reviewability of any final Federal agency action
in a court of the United States or in the court of any State;
``(4) any practice of seeking, considering, or responding
to public comment; or
``(5) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental agency,
Indian tribe, or non-Federal interest has with respect to
carrying out a water resource project or any other provision of
law applicable to water resource projects.
``(o) Categorical Exclusions.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall--
``(A) survey the use by the Corps of Engineers of
categorical exclusions in water resource projects since
2005;
``(B) publish a review of the survey that includes
a description of--
``(i) the types of actions that were
categorically excluded or could be the basis
for developing a new categorical exclusion; and
``(ii) any requests previously received by
the Secretary for new categorical exclusions;
and
``(C) solicit requests from other Federal agencies
and non-Federal interests for new categorical
exclusions.
``(2) New categorical exclusions.--Not later than 1 year
after the date of enactment of this subsection, if the
Secretary has identified a category of activities that merit
establishing a categorical exclusion that did not exist on the
day before the date of enactment of this subsection based on
the review under paragraph (1), the Secretary shall publish a
notice of proposed rulemaking to propose that new categorical
exclusion, to the extent that the categorical exclusion meets
the criteria for a categorical exclusion under section 1508.4
of title 40, Code of Federal Regulations (or successor
regulation).
``(p) Review of Water Resource Project Acceleration Reforms.--
``(1) In general.--The Comptroller General of the United
States shall--
``(A) assess the reforms carried out under this
section; and
``(B) not later than 5 years after the date of
enactment of this subsection, submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report that describes the
results of the assessment.
``(2) Inspector general report.--The Inspector General of
the Corps of Engineers shall--
``(A) assess the reforms carried out under this
section; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate--
``(i) not later than 2 years after the date
of enactment of this subsection, an initial
report of the findings of the Inspector
General; and
``(ii) not later than 4 years after the
date of enactment of this subsection, a final
report of the findings.
``(q) Authorization.--The authority provided by this section
expires on the date that is 10 years after the date of enactment of
this Act.''.
SEC. 2034. FEASIBILITY STUDIES.
Section 905 of the Water Resources Development Act of 1986 (33
U.S.C. 2282) is amended by adding at the end the following:
``(g) Detailed Project Schedule.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall determine
a set of milestones needed for the completion of a feasibility
study under this subsection, including all major actions,
report submissions and responses, reviews, and comment periods.
``(2) Detailed project schedule milestones.--Each District
Engineer shall, to the maximum extent practicable, establish a
detailed project schedule, based on full funding capability,
that lists all deadlines for milestones relating to feasibility
studies in the District developed by the Secretary under
paragraph (1).
``(3) Non-federal interest notification.--Each District
Engineer shall submit by certified mail the detailed project
schedule under paragraph (2) to each relevant non-Federal
interest--
``(A) for projects that have received funding from
the General Investigations Account of the Corps of
Engineers in the period beginning on October 1, 2009,
and ending on the date of enactment of this section,
not later than 180 days after the establishment of
milestones under paragraph (1); and
``(B) for projects for which a feasibility cost-
sharing agreement is executed after the establishment
of milestones under paragraph (1), not later than 90
days after the date on which the agreement is executed.
``(4) Congressional and public notification.--Beginning in
the first full fiscal year after the date of enactment of this
Act, the Secretary shall--
``(A) submit an annual report that lists all
detailed project schedules under paragraph (2) and an
explanation of any missed deadlines to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
``(B) make publicly available, including on the
Internet, a copy of the annual report described in
subparagraph (A) not later than 14 days after date on
which a report is submitted to Congress.
``(5) Failure to act.--If a District Engineer fails to meet
any of the deadlines in the project schedule under paragraph
(2), the District Engineer shall--
``(A) not later than 30 days after each missed
deadline, submit to the non-Federal interest a report
detailing--
``(i) why the District Engineer failed to
meet the deadline; and
``(ii) a revised project schedule
reflecting amended deadlines for the
feasibility study; and
``(B) not later than 30 days after each missed
deadline, make publicly available, including on the
Internet, a copy of the amended project schedule
described in subparagraph (A)(ii).''.
SEC. 2035. ACCOUNTING AND ADMINISTRATIVE EXPENSES.
(a) In General.--On the request of a non-Federal interest, the
Secretary shall provide to the non-Federal interest a detailed
accounting of the Federal expenses associated with a water resources
project.
(b) Study.--
(1) In general.--The Secretary shall contract with the
National Academy of Public Administration to carry out a study
on the efficiency of the Corps Engineers current staff salaries
and administrative expense procedures as compared to using a
separate administrative expense account.
(2) Contents.--The study under paragraph (1) shall include
any recommendations of the National Academy of Public
Administration for improvements to the budgeting and
administrative processes that will increase the efficiency of
the Corps of Engineers project delivery.
SEC. 2036. DETERMINATION OF PROJECT COMPLETION.
(a) In General.--The Secretary shall notify the non-Federal
interest when construction of a water resources project or a functional
portion of the project is completed so the non-Federal interest may
commence responsibilities, as applicable, for operating and maintaining
the project.
(b) Non-Federal Interest Appeal of Determination.--
(1) In general.--Not later than 7 days after receiving a
notification under subparagraph (a), the non-Federal interest
may appeal the completion determination of the Secretary in
writing with a detailed explanation of the basis for
questioning the completeness of the project or functional
portion of the project.
(2) Independent review.--
(A) In general.--On notification that a non-Federal
interest has submitted an appeal under paragraph (1),
the Secretary shall contract with 1 or more
independent, non-Federal experts to evaluate whether
the applicable water resources project or functional
portion of the project is complete.
(B) Timeline.--An independent review carried out
under subparagraph (A) shall be completed not later
than 180 days after the date on which the Secretary
receives an appeal from a non-Federal interest under
paragraph (1).
SEC. 2037. PROJECT PARTNERSHIP AGREEMENTS.
(a) In General.--The Secretary shall contract with the National
Academy of Public Administration to carry out a comprehensive review of
the process for preparing, negotiating, and approving Project
Partnership Agreements and the Project Partnership Agreement template,
which shall include--
(1) a review of the process for preparing, negotiating, and
approving Project Partnership Agreements, as in effect on the
day before the date of enactment of this Act;
(2) an evaluation of how the concerns of a non-Federal
interest relating to the Project Partnership Agreement and
suggestions for modifications to the Project Partnership
Agreement made by a non-Federal interest are accommodated;
(3) recommendations for how the concerns and modifications
described in paragraph (2) can be better accommodated;
(4) recommendations for how the Project Partnership
Agreement template can be made more efficient; and
(5) recommendations for how to make the process for
preparing, negotiating, and approving Project Partnership
Agreements more efficient.
(b) Report.--The Secretary shall submit a report describing the
findings of the National Academy of Public Administration to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 2038. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
Section 234 of the Water Resources Development Act of 1996 (33
U.S.C. 2323a) is amended--
(1) in subsection (a), by striking ``other Federal
agencies,'' and inserting ``Federal departments or agencies,
nongovernmental organizations,'';
(2) in subsection (b), by inserting ``or foreign
governments'' after ``organizations'';
(3) in subsection (c), by inserting ``and restoration''
after ``protection''; and
(4) in subsection (d)--
(A) in the first sentence--
(i) by striking ``There is'' and inserting
``(1) In general.--There is''; and
(ii) by striking ``2008'' and inserting
``2014''; and
(B) in the second sentence--
(i) by striking ``The Secretary'' and
inserting ``(2) Acceptance of funds.--The
Secretary''; and
(ii) by striking ``other Federal agencies''
and inserting ``Federal departments or
agencies, nongovernmental organizations''.
SEC. 2039. ACCEPTANCE OF CONTRIBUTED FUNDS TO INCREASE LOCK OPERATIONS.
(a) In General.--The Secretary, after providing public notice,
shall establish a pilot program for the acceptance and expenditure of
funds contributed by non-Federal interests to increase the hours of
operation of locks at water resources development projects.
(b) Applicability.--The establishment of the pilot program under
this section shall not affect the periodic review and adjustment of
hours of operation of locks based on increases in commercial traffic
carried out by the Secretary.
(c) Public Comment.--Not later than 180 days before a proposed
modification to the operation of a lock at a water resources
development project will be carried out, the Secretary shall--
(1) publish the proposed modification in the Federal
Register; and
(2) accept public comment on the proposed modification.
(d) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that evaluates the cost-savings
resulting from reduced lock hours and any economic impacts of
modifying lock operations.
(2) Review of pilot program.--Not later than September 30,
2017 and each year thereafter, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report that describes the effectiveness
of the pilot program under this section.
(e) Annual Review.--The Secretary shall carry out an annual review
of the commercial use of locks and make any necessary adjustments to
lock operations based on that review.
(f) Termination.--The authority to accept funds under this section
shall terminate 5 years after the date of enactment of this Act.
SEC. 2040. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'', approved August
18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first sentence--
(1) by inserting ``and subject to the condition that the
Chief of Engineers may include modifications to the structure
or project'' after ``work for flood control''; and
(2) by striking ``structure damaged or destroyed by wind,
wave, or water action of other than an ordinary nature when in
the discretion of the Chief of Engineers such repair and
restoration is warranted for the adequate functioning of the
structure for hurricane or shore protection'' and inserting
``structure or project damaged or destroyed by wind, wave, or
water action of other than an ordinary nature to the design
level of protection when, in the discretion of the Chief of
Engineers, such repair and restoration is warranted for the
adequate functioning of the structure or project for hurricane
or shore protection, subject to the condition that the Chief of
Engineers may include modifications to the structure or project
to address major deficiencies or implement nonstructural
alternatives to the repair or restoration of the structure if
requested by the non-Federal sponsor''.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and every 2 years thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
detailing the amounts expended in the previous 5 fiscal years
to carry out Corps of Engineers projects under section 5 of the
Act entitled ``An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for
other purposes'', approved August 18, 1941 (33 U.S.C. 701n).
(2) Inclusions.--A report under paragraph (1) shall, at a
minimum, include a description of--
(A) each structure, feature, or project for which
amounts are expended, including the type of structure,
feature, or project and cost of the work; and
(B) how the Secretary has repaired, restored,
replaced, or modified each structure, feature, or
project or intends to restore the structure, feature,
or project to the design level of protection for the
structure, feature, or project.
SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAMEWORKS.
A levee system shall remain eligible for rehabilitation assistance
under the authority provided by section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes'' (33 U.S.C. 701n) as
long as the levee system sponsor continues to make satisfactory
progress, as determined by the Secretary, on an approved systemwide
improvement framework or letter of intent.
SEC. 2042. FUNDING TO PROCESS PERMITS.
Section 214 of the Water Resources Development Act of 2000 (Public
Law 106-541; 33 U.S.C. 2201 note) is amended by striking subsections
(d) and (e) and inserting the following:
``(d) Public Availability.--
``(1) In general.--The Secretary shall ensure that all
final permit decisions carried out using funds authorized under
this section are made available to the public in a common
format, including on the Internet, and in a manner that
distinguishes final permit decisions under this section from
other final actions of the Secretary.
``(2) Decision document.--The Secretary shall--
``(A) use a standard decision document for
evaluating all permits using funds accepted under this
section; and
``(B) make the standard decision document, along
with all final permit decisions, available to the
public, including on the Internet.
``(3) Agreements.--The Secretary shall make all active
agreements to accept funds under this section available on a
single public Internet site.
``(e) Reporting.--
``(1) In general.--The Secretary shall prepare an annual
report on the implementation of this section, which, at a
minimum, shall include for each district of the Corps of
Engineers that accepts funds under this section--
``(A) a comprehensive list of any funds accepted
under this section during the previous fiscal year;
``(B) a comprehensive list of the permits reviewed
and approved using funds accepted under this section
during the previous fiscal year, including a
description of the size and type of resources impacted
and the mitigation required for each permit; and
``(C) a description of the training offered in the
previous fiscal year for employees that is funded in
whole or in part with funds accepted under this
section.
``(2) Submission.--Not later than 90 days after the end of
each fiscal year, the Secretary shall--
``(A) submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the annual report described in
paragraph (1); and
``(B) make each report received under subparagraph
(A) available on a single publicly accessible Internet
site.''.
SEC. 2043. NATIONAL RIVERBANK STABILIZATION AND EROSION PREVENTION
STUDY AND PILOT PROGRAM.
(a) Definition of Inland and Intracoastal Waterway.--In this
section, the term ``inland and intracoastal waterway'' means the inland
and intracoastal waterways of the United States described in section
206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
(b) Pilot Program.--The Secretary--
(1) is authorized to study issues relating to riverbank
stabilization and erosion prevention along inland and
intracoastal waterways; and
(2) shall establish and carry out for a period of 5 fiscal
years a national riverbank stabilization and erosion prevention
pilot program to address riverbank erosion along inland and
intracoastal waterways.
(c) Study.--
(1) In general.--The Secretary, in consultation with
appropriate Federal, State, local, and nongovernmental
entities, shall carry out a study of the options and
technologies available to prevent the erosion and degradation
of riverbanks along inland and intracoastal waterways.
(2) Contents.--The study shall--
(A) evaluate the nature and extent of the damages
resulting from riverbank erosion along inland and
intracoastal waterways throughout the United States;
(B) identify specific inland and intracoastal
waterways and affected wetland areas with the most
urgent need for restoration;
(C) analyze any legal requirements with regard to
maintenance of bank lines of inland and intracoastal
waterways, including a comparison of Federal, State,
and private obligations and practices;
(D) assess and compare policies and management
practices to protect surface areas adjacent to inland
and intracoastal waterways applied by various Districts
of the Corps of Engineers; and
(E) make any recommendations the Secretary
determines to be appropriate.
(d) Riverbank Stabilization and Erosion Prevention Pilot Program.--
(1) In general.--The Secretary shall develop a pilot
program for the construction of riverbank stabilization and
erosion prevention projects on public land along inland and
intracoastal waterways if the Secretary determines that the
projects are technically feasible, environmentally acceptable,
economically justified, and lower maintenance costs of those
inland and intracoastal waterways.
(2) Pilot program goals.--A project under the pilot program
shall, to the maximum extent practicable--
(A) develop or demonstrate innovative technologies;
(B) implement efficient designs to prevent erosion
at a riverbank site, taking into account the lifecycle
cost of the design, including cleanup, maintenance, and
amortization;
(C) prioritize natural designs, including the use
of native and naturalized vegetation or temporary
structures that minimize permanent structural
alterations to the riverbank;
(D) avoid negative impacts to adjacent communities;
(E) identify the potential for long-term protection
afforded by the innovative technology; and
(F) provide additional benefits, including
reduction of flood risk.
(3) Project selections.--The Secretary shall develop
criteria for the selection of projects under the pilot program,
including criteria based on--
(A) the extent of damage and land loss resulting
from riverbank erosion;
(B) the rate of erosion;
(C) the significant threat of future flood risk to
public or private property, public infrastructure, or
public safety;
(D) the destruction of natural resources or
habitats; and
(E) the potential cost-savings for maintenance of
the channel.
(4) Consultation.--The Secretary shall carry out the pilot
program in consultation with--
(A) Federal, State, and local governments;
(B) nongovernmental organizations; and
(C) applicable university research facilities.
(5) Report.--Not later than 1 year after the first fiscal
year for which amounts to carry out this section are
appropriated, and every year thereafter, the Secretary shall
prepare and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing--
(A) the activities carried out and accomplishments
made under the pilot program since the previous report
under this paragraph; and
(B) any recommendations of the Secretary relating
to the program.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2014 through 2019.
SEC. 2044. HURRICANE AND STORM DAMAGE RISK REDUCTION PRIORITIZATION.
(a) Purposes.--The purposes of this section are--
(1) to provide adequate levels of protection to communities
impacted by natural disasters, including hurricanes, tropical
storms, and other related extreme weather events; and
(2) to expedite critical water resources projects in
communities that have historically been and continue to remain
susceptible to extreme weather events.
(b) Priority.--For authorized projects and ongoing feasibility
studies with a primary purpose of hurricane and storm damage risk
reduction, the Secretary shall give funding priority to projects and
ongoing studies that--
(1) address an imminent threat to life and property;
(2) prevent storm surge from inundating populated areas;
(3) prevent the loss of coastal wetlands that help reduce
the impact of storm surge;
(4) protect emergency hurricane evacuation routes or
shelters;
(5) prevent adverse impacts to publicly owned or funded
infrastructure and assets;
(6) minimize disaster relief costs to the Federal
Government; and
(7) address hurricane and storm damage risk reduction in an
area for which the President declared a major disaster in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170).
(c) Expedited Consideration of Currently Authorized Projects.--Not
later than 180 days after the date of enactment of this Act, the
Secretary shall--
(1) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a list of all--
(A) ongoing hurricane and storm damage reduction
feasibility studies that have signed feasibility cost
share agreements and have received Federal funds since
2009; and
(B) authorized hurricane and storm damage reduction
projects that--
(i) have been authorized for more than 20
years but are less than 75 percent complete; or
(ii) are undergoing a post-authorization
change report, general reevaluation report, or
limited reevaluation report;
(2) identify those projects on the list required under
paragraph (1) that meet the criteria described in subsection
(b); and
(3) provide a plan for expeditiously completing the
projects identified under paragraph (2), subject to available
funding.
(d) Prioritization of New Studies for Hurricane and Storm Damage
Risk Reduction.--In selecting new studies for hurricane and storm
damage reduction to propose to Congress under section 4002, the
Secretary shall give priority to studies--
(1) that--
(A) have been recommended in a comprehensive
hurricane protection study carried out by the Corps of
Engineers; or
(B) are included in a State plan or program for
hurricane, storm damage reduction, flood control,
coastal protection, conservation, or restoration, that
is created in consultation with the Corps of Engineers
or other relevant Federal agencies; and
(2) for areas for which the President declared a major
disaster in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
SEC. 2045. PRIORITIZATION OF ECOSYSTEM RESTORATION EFFORTS.
For authorized projects with a primary purpose of ecosystem
restoration, the Secretary shall give funding priority to projects--
(1) that--
(A) address an identified threat to public health,
safety, or welfare;
(B) preserve or restore ecosystems of national
significance; or
(C) preserve or restore habitats of importance for
federally protected species, including migratory birds;
and
(2) for which the restoration activities will contribute to
other ongoing or planned Federal, State, or local restoration
initiatives.
SEC. 2046. SPECIAL USE PERMITS.
(a) Special Use Permits.--
(1) In general.--The Secretary may issue special permits
for uses such as group activities, recreation events, motorized
recreation vehicles, and such other specialized recreation uses
as the Secretary determines to be appropriate, subject to such
terms and conditions as the Secretary determines to be in the
best interest of the Federal Government.
(2) Fees.--
(A) In general.--In carrying out this subsection,
the Secretary may--
(i) establish and collect fees associated
with the issuance of the permits described in
paragraph (1); or
(ii) accept in-kind services in lieu of
those fees.
(B) Outdoor recreation equipment.--The Secretary
may establish and collect fees for the provision of
outdoor recreation equipment and services at public
recreation areas located at lakes and reservoirs
operated by the Corps of Engineers.
(C) Use of fees.--Any fees generated pursuant to
this subsection shall be--
(i) retained at the site collected; and
(ii) available for use, without further
appropriation, solely for administering the
special permits under this subsection and
carrying out related operation and maintenance
activities at the site at which the fees are
collected.
(b) Cooperative Management.--
(1) Program.--
(A) In general.--Subject to subparagraph (B), the
Secretary may enter into an agreement with a State or
local government to provide for the cooperative
management of a public recreation area if--
(i) the public recreation area is located--
(I) at a lake or reservoir operated
by the Corps of Engineers; and
(II) adjacent to or near a State or
local park or recreation area; and
(ii) the Secretary determines that
cooperative management between the Corps of
Engineers and a State or local government
agency of a portion of the Corps of Engineers
recreation area or State or local park or
recreation area will allow for more effective
and efficient management of those areas.
(B) Restriction.--The Secretary may not transfer
administration responsibilities for any public
recreation area operated by the Corps of Engineers.
(2) Acquisition of goods and services.--The Secretary may
acquire from or provide to a State or local government with
which the Secretary has entered into a cooperative agreement
under paragraph (1) goods and services to be used by the
Secretary and the State or local government in the cooperative
management of the areas covered by the agreement.
(3) Administration.--The Secretary may enter into 1 or more
cooperative management agreements or such other arrangements as
the Secretary determines to be appropriate, including leases or
licenses, with non-Federal interests to share the costs of
operation, maintenance, and management of recreation facilities
and natural resources at recreation areas that are jointly
managed and funded under this subsection.
(c) Funding Transfer Authority.--
(1) In general.--If the Secretary determines that it is in
the public interest for purposes of enhancing recreation
opportunities at Corps of Engineers water resources development
projects, the Secretary may transfer funds appropriated for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which
outdoor recreation is available at those Corps of Engineers
water resource development projects to State, local, and tribal
governments and such other public or private nonprofit entities
as the Secretary determines to be appropriate.
(2) Cooperative agreements.--Any transfer of funds pursuant
to this subsection shall be carried out through the execution
of a cooperative agreement, which shall contain such terms and
conditions as the Secretary determines to be necessary in the
public interest.
(d) Services of Volunteers.--Chapter IV of title I of Public Law
98-63 (33 U.S.C. 569c) is amended--
(1) in the first sentence, by inserting ``, including
expenses relating to uniforms, transportation, lodging, and the
subsistence of those volunteers, without regard to the place of
residence of the volunteers,'' after ``incidental expenses'';
and
(2) by inserting after the first sentence the following:
``The Chief of Engineers may also provide awards of up to $100
in value to volunteers in recognition of the services of the
volunteers.''
(e) Training and Educational Activities.--Section 213(a) of the
Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by
striking ``at'' and inserting ``about''.
SEC. 2047. OPERATIONS AND MAINTENANCE ON FUEL TAXED INLAND WATERWAYS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall have responsibility for 65 percent of the costs of the
operation, maintenance, repair, rehabilitation, and replacement of any
flood gate, as well as any pumping station constructed within the
channel as a single unit with that flood gate, that--
(1) was constructed as of the date of enactment of this Act
as a feature of an authorized hurricane and storm damage
reduction project; and
(2) crosses an inland or intracoastal waterway described in
section 206 of the Inland Waterways Revenue Act of 1978 (33
U.S.C. 1804).
(b) Payment Options.--For rehabilitation or replacement of any
structure under this section, the Secretary may apply to the full non-
Federal contribution the payment option provisions under section 103(k)
of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)).
SEC. 2048. CORROSION PREVENTION.
(a) Guidance and Procedures.--The Secretary shall develop guidance
and procedures for the certification of qualified contractors for--
(1) the application of protective coatings; and
(2) the removal of hazardous protective coatings.
(b) Requirements.--Except as provided in subsection (c), the
Secretary shall use certified contractors for--
(1) the application of protective coatings for complex work
involving steel and cementitious structures, including
structures that will be exposed in immersion;
(2) the removal of hazardous coatings or other hazardous
materials that are present in sufficient concentrations to
create an occupational or environmental hazard; and
(3) any other activities the Secretary determines to be
appropriate.
(c) Exception.--The Secretary may approve exceptions to the use of
certified contractors under subsection (b) only after public notice,
with the opportunity for comment, of any such proposal.
SEC. 2049. PROJECT DEAUTHORIZATIONS.
(a) In General.--Section 1001(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 579a(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) List of projects.--
``(A) In general.--Notwithstanding section 3003 of
Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734),
each year, after the submission of the list under
paragraph (1), the Secretary shall submit to Congress a
list of projects or separable elements of projects that
have been authorized but that have received no
obligations during the 5 full fiscal years preceding
the submission of that list.
``(B) Additional notification.--On submission of
the list under subparagraph (A) to Congress, the
Secretary shall notify--
``(i) each Senator in whose State and each
Member of the House of Representatives in whose
district a project (including any part of a
project) on that list would be located; and
``(ii) each applicable non-Federal interest
associated with a project (including any part
of a project) on that list.
``(C) Deauthorization.--A project or separable
element included in the list under subparagraph (A) is
not authorized after the last date of the fiscal year
following the fiscal year in which the list is
submitted to Congress, if funding has not been
obligated for the planning, design, or construction of
the project or element of the project during that
period.''; and
(2) by adding at the end the following:
``(3) Minimum funding list.--At the end of each fiscal
year, the Secretary shall submit to Congress a list of--
``(A) projects or separable elements of projects
authorized for construction for which funding has been
obligated in the 5 previous fiscal years;
``(B) the amount of funding obligated per fiscal
year;
``(C) the current phase of each project or
separable element of a project; and
``(D) the amount required to complete those phases.
``(4) Report.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Water Resources
Development Act of 2013, the Secretary shall compile
and publish a complete list of all uncompleted,
authorized projects of the Corps of Engineers,
including for each project on that list--
``(i) the original budget authority for the
project;
``(ii) the status of the project;
``(iii) the estimated date of completion of
the project;
``(iv) the estimated cost of completion of
the project; and
``(v) any amounts for the project that
remain unobligated.
``(B) Publication.--
``(i) In general.--The Secretary shall
submit a copy of the list under subparagraph
(A) to--
``(I) the appropriate committees of
Congress; and
``(II) the Director of the Office
of Management and Budget.
``(ii) Public availability.--Not later than
30 days after providing the report to Congress
under clause (i), the Secretary shall make a
copy of the list available on a publicly
accessible Internet site, in a manner that is
downloadable, searchable, and sortable.''.
(b) Infrastructure Deauthorization Commission.--
(1) Purposes.--The purposes of this subsection are--
(A) to establish a process for identifying
authorized Corps of Engineers water resources projects
that are no longer in the Federal interest and no
longer feasible;
(B) to create a commission--
(i) to review suggested deauthorizations,
including consideration of recommendations of
the States and the Secretary for the
deauthorization of water resources projects;
and
(ii) to make recommendations to Congress;
(C) to ensure public participation and comment; and
(D) to provide oversight on any recommendations
made to Congress by the Commission.
(2) Infrastructure deauthorization commission.--
(A) Establishment.--There is established an
independent commission to be known as the
``Infrastructure Deauthorization Commission'' (referred
to in this paragraph as the ``Commission'').
(B) Duties.--The Commission shall carry out the
review and recommendation duties described in paragraph
(5).
(C) Membership.--
(i) In general.--The Commission shall be
composed of 8 members, who shall be appointed
by the President, by and with the advice and
consent of the Senate according to the
expedited procedures described in clause (ii).
(ii) Expedited nomination procedures.--
(I) Privileged nominations;
information requested.--On receipt by
the Senate of a nomination under clause
(i), the nomination shall--
(aa) be placed on the
Executive Calendar under the
heading ``Privileged
Nominations--Information
Requested''; and
(bb) remain on the
Executive Calendar under that
heading until the Executive
Clerk receives a written
certification from the Chairman
of the committee of
jurisdiction under subclause
(II).
(II) Questionnaires.--The Chairman
of the Committee on Environment and
Public Works of the Senate shall notify
the Executive Clerk in writing when the
appropriate biographical and financial
questionnaires have been received from
an individual nominated for a position
under clause (i).
(III) Privileged nominations;
information received.--On receipt of
the certification under subclause (II),
the nomination shall--
(aa) be placed on the
Executive Calendar under the
heading ``Privileged
Nomination--Information
Received'' and remain on the
Executive Calendar under that
heading for 10 session days;
and
(bb) after the expiration
of the period referred to in
item (aa), be placed on the
``Nominations'' section of the
Executive Calendar.
(IV) Referral to committee of
jurisdiction.--During the period when a
nomination under clause (i) is listed
under the ``Privileged Nomination--
Information Requested'' section of the
Executive Calendar described in
subclause (I)(aa) or the ``Privileged
Nomination--Information Received''
section of the Executive Calendar
described in subclause (III)(aa)--
(aa) any Senator may
request on his or her own
behalf, or on the behalf of any
identified Senator that the
nomination be referred to the
appropriate committee of
jurisdiction; and
(bb) if a Senator makes a
request described in paragraph
item (aa), the nomination shall
be referred to the appropriate
committee of jurisdiction.
(V) Executive calendar.--The
Secretary of the Senate shall create
the appropriate sections on the
Executive Calendar to reflect and
effectuate the requirements of this
clause.
(VI) Committee justification for
new executive positions.--The report
accompanying each bill or joint
resolution of a public character
reported by any committee shall contain
an evaluation and justification made by
that committee for the establishment in
the measure being reported of any new
position appointed by the President
within an existing or new Federal
entity.
(iii) Qualifications.--Members of the
Commission shall be knowledgeable about Corps
of Engineers water resources projects.
(iv) Geographical diversity.--To the
maximum extent practicable, the members of the
Commission shall be geographically diverse.
(D) Compensation of members.--
(i) In general.--Each member of the
Commission who is not an officer or employee of
the Federal Government shall be compensated at
a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day
(including travel time) during which the member
is engaged in the performance of the duties of
the Commission.
(ii) Federal employees.--All members of the
Commission who are officers or employees of the
United States shall serve without compensation
in addition to that received for their services
as officers or employees of the United States.
(iii) Travel expenses.--The members of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes
or regular places of business in the
performance of service for the Commission.
(3) State water resources infrastructure plan.--Not later
than 2 years after the date of enactment of this Act, each
State, in consultation with local interests, may develop and
submit to the Commission, the Committee on Environment and
Public Works of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives, a detailed
statewide water resources plan that includes a list of each
water resources project that the State recommends for
deauthorization.
(4) Corps of engineers infrastructure plan.--Not later than
2 years after the date of enactment of this Act, the Secretary
shall submit to the Commission, the Committee on Environment
and Public Works of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a detailed plan that--
(A) contains a detailed list of each water
resources project that the Corps of Engineers
recommends for deauthorization; and
(B) is based on assessment by the Secretary of the
needs of the United States for water resources
infrastructure, taking into account public safety, the
economy, and the environment.
(5) Review and recommendation commission.--
(A) In general.--On the appointment and
confirmation of all members of the Commission, the
Commission shall solicit public comment on water
resources infrastructure issues and priorities and
recommendations for deauthorization, including by--
(i) holding public hearings throughout the
United States; and
(ii) receiving written comments.
(B) Recommendations.--
(i) In general.--Not later than 4 years
after the date of enactment of this Act, the
Commission shall submit to Congress a list of
water resources projects of the Corps of
Engineers for deauthorization.
(ii) Considerations.--In carrying out this
paragraph, the Commission shall establish
criteria for evaluating projects for
deauthorization, which shall include
consideration of--
(I) the infrastructure plans
submitted by the States and the
Secretary under paragraphs (3) and (4);
(II) any public comment received
during the period described in
subparagraph (A);
(III) public safety and security;
(IV) the environment; and
(V) the economy.
(C) Non-eligible projects.--The following types of
projects shall not be eligible for review for
deauthorization by the Commission:
(i) Any project authorized after the date
of enactment of the Water Resources Development
Act of 1996 (Public Law 104-303; 110 Stat.
3658), including any project that has been
reauthorized after that date.
(ii) Any project that, as of the date of
enactment of this Act, is undergoing a review
by the Corps of Engineers.
(iii) Any project that has received
appropriations in the 10-year period ending on
the date of enactment of this Act.
(iv) Any project that, on the date of
enactment of this Act, is more than 50 percent
complete.
(v) Any project that has a viable non-
Federal sponsor.
(D) Congressional disapproval.--Any water resources
project recommended for deauthorization on the list
submitted to Congress under subparagraph (B) shall be
deemed to be deauthorized unless Congress passes a
joint resolution disapproving of the entire list of
deauthorized water resources projects prior to the date
that is 180 days after the date on which the Commission
submits the list to Congress.
(6) Application.--For purposes of this subsection, water
resources projects shall include environmental infrastructure
assistance projects and programs of the Corps of Engineers.
SEC. 2050. REPORTS TO CONGRESS.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall complete and submit to Congress by the applicable date
required the reports that address public safety and enhanced local
participation in project delivery described in subsection (b).
(b) Reports.--The reports referred to in subsection (a) are the
reports required under--
(1) section 2020;
(2) section 2022;
(3) section 2025;
(4) section 2026;
(5) section 2039;
(6) section 2040;
(7) section 6007; and
(8) section 10015.
(c) Failure To Provide a Completed Report.--
(1) In general.--Subject to subsection (d), if the
Secretary fails to provide a report listed under subsection (b)
by the date that is 180 days after the applicable date required
for that report, $5,000 shall be reprogrammed from the General
Expenses account of the civil works program of the Army Corps
of Engineers into the account of the division of the Army Corps
of Engineers with responsibility for completing that report.
(2) Subsequent reprogramming.--Subject to subsection (d),
for each additional week after the date described in paragraph
(1) in which a report described in that paragraph remains
uncompleted and unsubmitted to Congress, $5,000 shall be
reprogrammed from the General Expenses account of the civil
works program of the Army Corps of Engineers into the account
of the division of the Secretary of the Army with
responsibility for completing that report.
(d) Limitations.--
(1) In general.--For each report, the total amounts
reprogrammed under subsection (c) shall not exceed, in any
fiscal year, $50,000.
(2) Aggregate limitation.--The total amount reprogrammed
under subsection (c) in a fiscal year shall not exceed
$200,000.
(e) No Fault of the Secretary.--Amounts shall not be reprogrammed
under subsection (c) if the Secretary certifies in a letter to the
applicable committees of Congress that--
(1) a major modification has been made to the content of
the report that requires additional analysis for the Secretary
to make a final decision on the report;
(2) amounts have not been appropriated to the agency under
this Act or any other Act to carry out the report; or
(3) additional information is required from an entity other
than the Corps of Engineers and is not available in a timely
manner to complete the report by the deadline.
(f) Limitation.--The Secretary shall not reprogram funds to
reimburse the Office of the Assistant Secretary of the Army for Civil
Works for the loss of the funds.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 2051. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
CONFORMING AMENDMENT.
Section 106(k) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j-1(k)) is amended by adding at the end
the following:
``(13) Interest payments, the retirement of principal, the
costs of issuance, and the costs of insurance or a similar
credit support for a debt financing instrument, the proceeds of
which are used to support a contracted construction project.''.
SEC. 2052. INVASIVE SPECIES REVIEW.
The Secretary, in consultation with the Director of the United
States Fish and Wildlife Service, the Chairman of the Tennessee Valley
Authority, and other applicable heads of Federal agencies, shall--
(1) carry out a review of existing Federal authorities
relating to responding to invasive species, including aquatic
weeds, aquatic snails, and other aquatic invasive species, that
have an impact on water resources; and
(2) based on the review under paragraph (1), make any
recommendations to Congress and applicable State agencies for
improving Federal and State laws to more effectively respond to
the threats posed by those invasive species.
SEC. 2053. WETLANDS CONSERVATION STUDY.
(a) In General.--The Comptroller General of the United States shall
carry out a study to identify all Federal programs relating to wetlands
conservation.
(b) Report.--The Comptroller General of the United States shall
submit to Congress a report based on the study under subsection (a)
describing options for maximizing wetlands conservation benefits while
reducing redundancy, increasing efficiencies, and reducing costs.
SEC. 2054. DAM MODIFICATION STUDY.
(a) In General.--The Comptroller General of the United States
shall, in consultation with the Corps of Engineers, the Southeastern
Power Administration, Federal hydropower customers, downstream
communities, and other stakeholders, carry out a study to evaluate the
structural modifications made at Federal dams in the Cumberland River
Basin beginning on January 1, 2000.
(b) Contents.--The study under subsection (a) shall examine--
(1) whether structural modifications at each dam have
utilized new state-of-the-art design criteria deemed necessary
for safety purposes that have not been used in other
circumstances;
(2) whether structural modifications at each dam for
downstream safety were executed in accordance with construction
criteria that had changed from the original construction
criteria;
(3) whether structural modifications at each dam assured
safety;
(4) any estimates by the Corps of Engineers of consequences
of total dam failure if state-of-the-art construction criteria
deemed necessary for safety purposes were not employed; and
(5) whether changes in underlying geology at any of the
Federal dams in the Cumberland River Basin required structural
modifications to assure dam safety.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report based on the study under subsection (a) with findings
on whether, with respect to structural modifications at Federal dams in
the Cumberland River Basin, the Corps of Engineers has selected and
implemented design criteria that rely on state-of-the-art design and
construction criteria that will provide for the safety of downstream
communities.
SEC. 2055. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK
REDUCTION.
(a) In General.--If requested by a non-Federal interest, the
Secretary shall construct a locally preferred plan that provides a
higher level of protection than a flood risk management project
authorized under this Act if the Secretary determines that--
(1) the plan is technically feasible and environmentally
acceptable; and
(2) the benefits of the plan exceed the costs of the plan.
(b) Non-Federal Cost Share.--If the Secretary constructs a locally
preferred plan under subsection (a), the Federal share of the cost of
the project shall be not greater than the share as provided by law for
elements of the national economic development plan.
SEC. 2056. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.
(a) In General.--The Secretary, in consultation with the Secretary
of the department in which the Coast Guard is operating, the Director
of the United States Geological Survey, the Administrator of the
National Oceanic and Atmospheric Administration, and the Director of
the National Weather Service, as applicable, shall improve forecasting
on the Mississippi River by--
(1) updating forecasting technology deployed on the
Mississippi River and its tributaries through--
(A) the construction of additional automated river
gages;
(B) the rehabilitation of existing automated and
manual river gages; and
(C) the replacement of manual river gages with
automated gages, as the Secretary determines to be
necessary;
(2) constructing additional sedimentation ranges on the
Mississippi River and its tributaries; and
(3) deploying additional automatic identification system
base stations at river gage sites.
(b) Prioritization.--In carrying out this section, the Secretary
shall prioritize the sections of the Mississippi River on which
additional and more reliable information would have the greatest impact
on maintaining navigation on the Mississippi River.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
activities carried out by the Secretary under this section.
SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGATION.
(a) In General.--If the Secretary, in consultation with the
Secretary of the department in which the Coast Guard is operating,
determines it to be critical to maintaining safe and reliable
navigation within the authorized Federal navigation channel on the
Mississippi River, the Secretary may carry out only those activities
outside the authorized Federal navigation channel along the Mississippi
River, including the construction and operation of maintenance of
fleeting areas, that are necessary for safe and reliable navigation in
the Federal channel.
(b) Report.--Not later than 60 days after initiating an activity
under this section, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) a description of the activities undertaken, including
the costs associated with the activities; and
(2) a comprehensive description of how the activities are
necessary for maintaining safe and reliable navigation of the
Federal channel.
SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.
(a) Definitions.--In this section:
(1) Restricted area.--The term ``restricted area'' means a
restricted area for hazardous waters at dams and other civil
works structures in the Cumberland River basin established
pursuant to chapter 10 of the regulation entitled ``Project
Operations: Navigation and Dredging Operations and Maintenance
Policies'', published by the Corps of Engineers on November 29,
1996, and any related regulations or guidance.
(2) State.--The term ``State'' means the applicable agency
of the State (including an official of that agency) in which
the applicable dam is located that is responsible for enforcing
boater safety.
(b) Restriction on Physical Barriers.--Subject to subsection (c),
the Secretary, acting through the Chief of Engineers, in the
establishing and enforcing restricted areas, shall not take any action
to establish a permanent physical barrier to prevent public access to
waters downstream of a dam owned by the Corps of Engineers.
(c) Exclusions.--For purposes of this section, the installation and
maintenance of measures for alerting the public of hazardous water
conditions and restricted areas, including sirens, strobe lights, and
signage, shall not be considered to be a permanent physical barrier
under subsection (b).
(d) Enforcement.--
(1) In general.--Enforcement of a restricted area shall be
the sole responsibility of a State.
(2) Existing authorities.--The Secretary shall not assess
any penalty for entrance into a restricted area under section 4
of the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control,
and for other purposes'', approved December 22, 1944 (16 U.S.C.
460d).
(e) Development or Modification of Restricted Areas.--In
establishing a new restricted area or modifying an existing restricted
area, the Secretary shall--
(1) ensure that any restrictions are based on operational
conditions that create hazardous waters; and
(2) publish a draft describing the restricted area and seek
and consider public comment on that draft prior to establishing
or modifying any restricted area.
(f) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall apply to the establishment of a new restricted area or
the modification of an existing restricted area on or after
August 1, 2012.
(2) Existing restrictions.--If the Secretary, acting
through the Chief of Engineers, has established a new
restricted area or modified an existing restricted area during
the period beginning on August 1, 2012, and ending on the date
of enactment of this Act, the Secretary shall--
(A) cease implementing the restricted area until
the later of--
(i) such time as the restricted area meets
the requirements of this section; and
(ii) the date that is 2 years after the
date of enactment of this Act; and
(B) remove any permanent physical barriers
constructed in connection with the restricted area.
SEC. 2059. MAXIMUM COST OF PROJECTS.
Section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280) is amended--
(1) by striking ``In order to'' and inserting the
following:
``(a) In General.--In order to''; and
(2) by adding at the end the following:
``(b) Contributed Funds.--Nothing in this section affects the
authority of the Secretary to complete construction of a water
resources development project using funds contributed under section 5
of the Act of June 22, 1936 (33 U.S.C. 701h).''.
SEC. 2060. DONALD G. WALDON LOCK AND DAM.
(a) Findings.--Congress finds that--
(1) the Tennessee-Tombigbee Waterway Development Authority
is a 4-State compact comprised of the States of Alabama,
Kentucky, Mississippi, and Tennessee;
(2) the Tennessee-Tombigbee Authority is the regional non-
Federal sponsor of the Tennessee-Tombigbee Waterway;
(3) the Tennessee-Tombigbee Waterway, completed in 1984,
has fueled growth in the United States economy by reducing
transportation costs and encouraging economic development; and
(4) the selfless determination and tireless work of Donald
G. Waldon, while serving as administrator of the waterway
compact for 21 years, contributed greatly to the realization
and success of the Tennessee-Tombigbee Waterway.
(b) Sense of Congress.--It is the sense of Congress that, at an
appropriate time and in accordance with the rules of the House of
Representatives and the Senate, the lock and dam located at mile 357.5
on the Tennessee-Tombigbee Waterway should be known and designated as
the ``Donald G. Waldon Lock and Dam''.
SEC. 2061. IMPROVING PLANNING AND ADMINISTRATION OF WATER SUPPLY
STORAGE.
(a) In General.--The Secretary shall carry out activities to enable
non-Federal interests to anticipate and accurately budget for annual
operations and maintenance costs and, as applicable, repair,
rehabilitation, and replacements costs, including through--
(1) the formulation by the Secretary of a uniform billing
statement format for those storage agreements relating to
operations and maintenance costs, and as applicable, repair,
rehabilitation, and replacement costs, incurred by the
Secretary, which, at a minimum, shall include--
(A) a detailed description of the activities
carried out relating to the water supply aspects of the
project;
(B) a clear explanation of why and how those
activities relate to the water supply aspects of the
project; and
(C) a detailed accounting of the cost of carrying
out those activities; and
(2) a review by the Secretary of the regulations and
guidance of the Corps of Engineers relating to criteria and
methods for the equitable distribution of joint project costs
across project purposes in order to ensure consistency in the
calculation of the appropriate share of joint project costs
allocable to the water supply purpose.
(b) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the findings of the reviews carried out under
subsection (a)(2) and any subsequent actions taken by the
Secretary relating to those reviews.
(2) Inclusions.--The report under paragraph (1) shall
include an analysis of the feasibility and costs associated
with the provision by the Secretary to each non-Federal
interest of not less than 1 statement each year that details
for each water storage agreement with non-Federal interests at
Corps of Engineers projects the estimated amount of the
operations and maintenance costs and, as applicable, the
estimated amount of the repair, rehabilitation, and replacement
costs, for which the non-Federal interest will be responsible
in that fiscal year.
(3) Extension.--The Secretary may delay the submission of
the report under paragraph (1) for a period not to exceed 180
days after the deadline described in paragraph (1), subject to
the condition that the Secretary submits a preliminary progress
report to Congress not later than 1 year after the date of
enactment of this Act.
SEC. 2062. CREDITING AUTHORITY FOR FEDERALLY AUTHORIZED NAVIGATION
PROJECTS.
A non-Federal interest for a navigation project may carry out
operation and maintenance activities for that project subject to all
applicable requirements that would apply to the Secretary carrying out
such operations and maintenance, and may receive credit for the costs
incurred by the non-Federal interest in carrying out such activities
towards that non-Federal interest's share of construction costs for a
federally authorized element of the same project or another federally
authorized navigation project, except that in no instance may such
credit exceed 20 percent of the costs associated with construction of
the general navigation features of the project for which such credit
may be received pursuant to this section.
SEC. 2063. RIVER BASIN COMMISSIONS.
Section 5019 of the Water Resources Development Act of 2007 (121
Stat. 1201) is amended by striking subsection (b) and inserting the
following:
``(b) Authorization To Allocate.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall allocate funds from the General Expenses account of the
civil works program of the Army Corps of Engineers to the
Susquehanna River Basin Commission, Delaware River Basin
Commission, and the Interstate Commission on the Potomac River
Basin to fulfill the equitable funding requirements of the
respective interstate compacts on an annual basis and in
amounts equal to the amount determined by Commission in
accordance with the respective interstate compact.
``(2) Limitation.--Not more than 1.5 percent of funds from
the General Expenses account of the civil works program of the
Army Corps of Engineers may be allocated in carrying out
paragraph (1) for any fiscal year.
``(3) Report.--For any fiscal year in which funds are not
allocated in accordance with paragraph (1), the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that describes--
``(A) the reasons why the Corps of Engineers chose
not to allocate funds in accordance with that
paragraph; and
``(B) the impact of the decision not to allocate
funds on water supply allocation, water quality
protection, regulatory review and permitting, water
conservation, watershed planning, drought management,
flood loss reduction, and recreation in each area of
jurisdiction of the respective Commission.''.
SEC. 2064. RESTRICTION ON CHARGES FOR CERTAIN SURPLUS WATER.
(a) In General.--No fee for surplus water shall be charged under a
contract for surplus water if the contract is for surplus water stored
on the Missouri River.
(b) Offset.--Of the amounts previously made available for ``Corps
of Engineers-Civil, Department of the Army, Operations and
Maintenance'' that remain unobligated as of the effective date of this
Act, $5,000,000 is hereby rescinded.
(c) None of the funds under subsection (b) may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
TITLE III--PROJECT MODIFICATIONS
SEC. 3001. PURPOSE.
The purpose of this title is to modify existing water resource
project authorizations, subject to the condition that the modifications
do not affect authorized costs.
SEC. 3002. CHATFIELD RESERVOIR, COLORADO.
Section 116 of the Energy and Water Development and Related
Agencies Appropriations Act, 2009 (123 Stat. 608), is amended in the
matter preceding the proviso by inserting ``(or a designee of the
Department)'' after ``Colorado Department of Natural Resources''.
SEC. 3003. MISSOURI RIVER RECOVERY IMPLEMENTATION COMMITTEE EXPENSES
REIMBURSEMENT.
Section 5018(b)(5) of the Water Resources Development Act of 2007
(121 Stat. 1200) is amended by striking subparagraph (B) and inserting
the following:
``(B) Travel expenses.--Subject to the availability
of funds, the Secretary may reimburse a member of the
Committee for travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of a Federal agency under subchapter I of
chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the
member in performance of services for the Committee.''.
SEC. 3004. HURRICANE AND STORM DAMAGE REDUCTION STUDY.
With respect to the study for flood and storm damage reduction
related to natural disasters to by carried out by the Secretary and
authorized under the heading ``investigations'' under title II of
division A of Public Law 113-2, the Secretary shall include specific
project recommendations in the report developed for that study.
SEC. 3005. LOWER YELLOWSTONE PROJECT, MONTANA.
Section 3109 of the Water Resources Development Act of 2007 (121
Stat. 1135) is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(a) In General.--The Secretary may''; and
(2) by adding at the end the following:
``(b) Local Participation.--In carrying out subsection (a), the
Secretary shall consult with, and consider the activities being carried
out by--
``(1) other Federal agencies;
``(2) conservation districts;
``(3) the Yellowstone River Conservation District Council;
and
``(4) the State of Montana.''.
SEC. 3006. PROJECT DEAUTHORIZATIONS.
(a) Goose Creek, Somerset County, Maryland.--The project for
navigation, Goose Creek, Somerset County, Maryland, carried out
pursuant to section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C.
577), is realigned as follows: Beginning at Goose Creek Channel
Geometry Centerline of the 60-foot-wide main navigational ship channel,
Centerline Station No. 0+00, coordinates North 157851.80, East
1636954.70, as stated and depicted on the Condition Survey Goose Creek,
Sheet 1 of 1, prepared by the United States Army Corps of Engineers,
Baltimore District, July 2003; thence departing the aforementioned
centerline traveling the following courses and distances: S. 64 degrees
49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of
said 60-foot-wide channel thence binding on said out-line the following
four courses and distances: S. 63 degrees 26 minutes 06 seconds E.,
1460.05 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds
E., 973.28 feet to a point, thence; N. 26 degrees 13 minutes 09 seconds
W., 240.39 feet to a point on the Left Toe of the 60-foot-wide main
navigational channel at computed Centerline Station No. 42+57.54,
coordinates North 157357.84, East 1640340.23. Geometry Left Toe of the
60-foot-wide main navigational ship channel, Left Toe Station No. 0+00,
coordinates North 157879.00, East 1636967.40, as stated and depicted on
the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United
States Army Corps of Engineers, Baltimore District, August 2010; thence
departing the aforementioned centerline traveling the following courses
and distances: S. 64 degrees 49 minutes 12 seconds E., 1583.91 feet to
a point, on the outline of said 60-foot-wide channel thence binding on
said out-line the following eight courses and distances: S. 63 degrees
25 minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83
degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence; N. 50
degrees 38 minutes 26 seconds E., 805.19 feet to a point, thence; N. 12
degrees 12 minutes 29 seconds E., 78.33 feet to a point thence; N. 26
degrees 13 minutes 28 seconds W., 46.66 feet to a point thence; S. 63
degrees 45 minutes 41 seconds W., 54.96 feet to a point thence; N. 26
degrees 13 minutes 24 seconds W., 119.94 feet to a point on the Left
Toe of the 60-foot-wide main navigational channel at computed
Centerline Station No. 41+81.10, coordinates North 157320.30, East
1640264.00. Geometry Right Toe of the 60-foot-wide main navigational
ship channel, Right Toe Station No. 0+00, coordinates North 157824.70,
East 1636941.90, as stated and depicted on the Condition Survey Goose
Creek, Sheet 1 of 1, prepared by the United States Army Corps of
Engineers, Baltimore District, August 2010; thence departing the
aforementioned centerline traveling the following courses and
distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a
point, on the outline of said 60-foot-wide channel thence binding on
said out-line the following six courses and distances: S. 63 degrees 25
minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 degrees
38 minutes 26 seconds E., 1016.69 feet to a point, thence; N. 26
degrees 14 minutes 49 seconds W., 144.26 feet to a point, thence; N. 63
degrees 54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26
degrees 12 minutes 08 seconds W., 120.03 feet to a point a point on the
Right Toe of the 60-foot-wide main navigational channel at computed
Centerline Station No. 43+98.61, coordinates North 157395.40, East
1640416.50.
(b) Lower Thoroughfare, Deal Island, Maryland.--Beginning on the
date of enactment of this Act, the Secretary is no longer authorized to
carry out the portion of the project for navigation, Lower
Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36
Stat. 630, chapter 382) (commonly known as the ``River and Harbor Act
of 1910''), that begins at Lower Thoroughfare Channel Geometry
Centerline of the 60-foot-wide main navigational ship channel,
Centerline Station No. 44+88, coordinates North 170435.62, East
1614588.93, as stated and depicted on the Condition Survey Lower
Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United States
Army Corps of Engineers, Baltimore District, August 2010; thence
departing the aforementioned centerline traveling the following courses
and distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a
point, on the outline of said 60-foot-wide channel thence binding on
said out-line the following four courses and distances: N. 64 degrees
08 minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees
20 minutes 43 seconds W., 250.08 feet to a point, thence; N. 47 degrees
39 minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 degrees
20 minutes 44 seconds E., 300.07 feet to a point binding on the Left
Toe of the 60-foot-wide main navigational channel at computed
Centerline Station No. 43+92.67, coordinates North 170415.41,
1614566.76; thence; continuing with the aforementioned centerline the
following courses and distances: S. 42 degrees 20 minutes 42 seconds
W., 30.00 feet to a point, on the outline of said 60-foot-wide channel
thence binding on said out-line the following four courses and
distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 feet to a
point, thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to a
point, thence; S. 47 degrees 39 minutes 03 seconds W., 20.00 feet to a
point, thence; S. 42 degrees 20 minutes 46 seconds E., 300.08 feet to a
point binding on the Left Toe of the 60-foot-wide main navigational
channel at computed Centerline Station No. 43+92.67, coordinates North
170415.41, 1614566.76.
(c) Thomaston Harbor, Georges River, Maine.--Beginning on the date
of enactment of this Act, the Secretary is no longer authorized to
carry out the portion of the project for navigation, Georges River,
Maine (Thomaston Harbor), authorized by the first section of the Act of
June 3, 1896 (29 Stat. 215, chapter 314), and modified by section 317
of the Water Resources Development Act of 2000 (Public Law 106-541; 114
Stat. 2604), that lies northwesterly of a line commencing at point
N87,220.51, E321,065.80 thence running northeasterly about 125 feet to
a point N87,338.71, E321,106.46.
(d) Warwick Cove, Rhode Island.--Beginning on the date of enactment
of this Act, the Secretary is no longer authorized to carry out the
portion of the project for navigation, Warwick Cove, Rhode Island,
authorized by section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577) that is located within the 5 acre anchorage area east of
the channel and lying east of the line beginning at a point with
coordinates N220,349.79, E357,664.90 thence running north 9 degrees 10
minutes 21.5 seconds west 170.38 feet to a point N220,517.99,
E357,637.74 thence running north 17 degrees 44 minutes 30.4 seconds
west 165.98 feet to a point N220,676.08, E357,587.16 thence running
north 0 degrees 46 minutes 0.9 seconds east 138.96 feet to a point
N220,815.03, E357,589.02 thence running north 8 degrees 36 minutes 22.9
seconds east 101.57 feet to a point N220,915.46, E357,604.22 thence
running north 18 degrees 18 minutes 27.3 seconds east 168.20 feet to a
point N221,075.14, E357,657.05 thence running north 34 degrees 42
minutes 7.2 seconds east 106.4 feet to a point N221,162.62, E357,717.63
thence running south 29 degrees 14 minutes 17.4 seconds east 26.79 feet
to a point N221,139.24, E357,730.71 thence running south 30 degrees 45
minutes 30.5 seconds west 230.46 feet to a point N220,941.20,
E357,612.85 thence running south 10 degrees 49 minutes 12.0 seconds
west 95.46 feet to a point N220,847.44, E357,594.93 thence running
south 9 degrees 13 minutes 44.5 seconds east 491.68 feet to a point
N220,362.12, E357,673.79 thence running south 35 degrees 47 minutes
19.4 seconds west 15.20 feet to the point of origin.
(e) Clatsop County Diking District No. 10, Karlson Island,
Oregon.--Beginning on the date of enactment of this Act, the Secretary
is no longer authorized to carry out the Diking District No. 10,
Karlson Island portion of the project for raising and improving
existing levees in Clatsop County, Oregon, authorized by section 5 of
the Act of June 22, 1936 (33 U.S.C. 701h).
(f) Numberg Dike No. 34 Leveed Area, Clatsop County Diking District
No. 13, Clatsop County, Oregon (Walluski-Youngs).--Beginning on the
date of enactment of this Act, the Secretary is no longer authorized to
carry out the Numberg Dike No. 34 leveed area, Clatsop County Diking
District, No. 13, Walluski River and Youngs River dikes, portion of the
project for raising and improving existing levees in Clatsop County,
Oregon, authorized by section 5 of the Act of June 22, 1936 (33 U.S.C.
701h).
(g) Port of Hood River, Oregon.--
(1) Extinguishment of portions of existing flowage
easement.--With respect to the properties described in
paragraph (2), beginning on the date of enactment of this Act,
the flowage easement identified as Tract 1200E-6 on the
Easement Deed recorded as Instrument No. 740320 is extinguished
above elevation 79.39 feet (NGVD 29) the Ordinary High Water
Line.
(2) Affected properties.--The properties referred to in
paragraph (1), as recorded in Hood River County, Oregon, are as
follows:
(A) Instrument Number 2010-1235
(B) Instrument Number 2010-02366.
(C) Instrument Number 2010-02367.
(D) Parcel 2 of Partition Plat #2011-12P.
(E) Parcel 1 of Partition Plat 2005-26P.
(3) Federal liabilities; cultural, environmental, and other
regulatory reviews.--
(A) Federal liability.--The United States shall not
be liable for any injury caused by the extinguishment
of the easement under this subsection.
(B) Cultural and environmental regulatory
actions.--Nothing in this subsection establishes any
cultural or environmental regulation relating to the
properties described in paragraph (2).
(4) Effect on other rights.--Nothing in this subsection
affects any remaining right or interest of the Corps of
Engineers in the properties described in paragraph (2).
(h) Eightmile River, Connecticut.--
(1) The portion of the project for navigation, Eightmile
River, Connecticut, authorized by the first section of the Act
of June 25, 1910 (commonly known as the ``River and Harbor Act
of 1910'') (36 Stat. 633, chapter 382), that begins at a point
of the existing 8-foot channel limit with coordinates
N701002.39, E1109247.73, thence running north 2 degrees 19
minutes 57.1 seconds east 265.09 feet to a point N701267.26,
E1109258.52, thence running north 7 degrees 47 minutes 19.3
seconds east 322.32 feet to a point N701586.60, E1109302.20,
thence running north 90 degrees 0 minutes 0 seconds east 65.61
to a point N701586.60, E1109367.80, thence running south 7
degrees 47 minutes 19.3 seconds west 328.11 feet to a point
N701261.52, E1109323.34, thence running south 2 degrees 19
minutes 57.1 seconds west 305.49 feet to an end at a point
N700956.28, E1109310.91 on the existing 8-foot channel limit,
shall be reduced to a width of 65 feet and the channel
realigned to follow the deepest available water.
(2) Beginning on the date of enactment of this Act, the
Secretary is no longer authorized to carry out the portion of
the project beginning at a point N701296.72, E1109262.55 and
running north 45 degrees 4 minutes 2.8 seconds west 78.09 feet
to a point N701341.18, E1109217.98, thence running north 5
degrees 8 minutes 34.6 seconds east 180.14 feet to a point
N701520.59, E1109234.13, thence running north 54 degrees 5
minutes 50.1 seconds east 112.57 feet to a point N701568.04,
E1109299.66, thence running south 7 degrees 47 minutes 18.4
seconds west 292.58 feet to the point of origin; and the
remaining area north of the channel realignment beginning at a
point N700956.28, E1109310.91 thence running north 2 degrees 19
minutes 57.1 seconds east 305.49 feet west to a point
N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4 seconds
east 328.11 feet to a point N701586.60, E1109367.81 thence
running north 90 degrees 0 minutes 0 seconds east 7.81 feet to
a point N701586.60, E1109375.62 thence running south 5 degrees
8 minutes 34.6 seconds west 626.29 feet to a point N700962.83,
E1109319.47 thence south 52 degrees 35 minutes 36.5 seconds
10.79 feet to the point of origin.
(i) Burnham Canal.--Beginning on the date of enactment of this Act,
the Secretary is no longer authorized to carry out the portion of the
project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin,
known as the Burnham Canal, beginning at channel point #415a
N381768.648, E2524554.836, a distance of about 170.58 feet, thence
running south 53 degrees 43 minutes 41 seconds west to channel point
#417 N381667.728, E2524417.311, a distance of about 35.01 feet, thence
running south 34 degrees 10 minutes 40 seconds west to channel point
#501 N381638.761, E2524397.639 a distance of about 139.25 feet, thence
running south 34 degrees 10 minutes 48 seconds west to channel point
#503 N381523.557, E2524319.406 a distance of about 235.98 feet, thence
running south 32 degrees 59 minutes 13 seconds west to channel point
#505 N381325.615, E2524190.925 a distance of about 431.29 feet, thence
running south 32 degrees 36 minutes 05 seconds west to channel point
#509 N380962.276, E2523958.547, a distance of about 614.52 feet, thence
running south 89 degrees 05 minutes 00 seconds west to channel point
#511 N380952.445, E2523344.107, a distance of about 74.68 feet, thence
running north 89 degrees 04 minutes 59 seconds west to channel point
#512 N381027.13, E2523342.91, a distance of about 533.84 feet, thence
running north 89 degrees 05 minutes 00 seconds east to channel point
#510 N381035.67, E2523876.69, a distance of about 47.86 feet, thence
running north 61 degrees 02 minutes 07 seconds east to channel point
#508 N381058.84, E2523918.56, a distance of about 308.55 feet, thence
running north 36 degrees 15 minutes 29 seconds east to channel point
#506 N381307.65, E2524101.05, distance of about 199.98 feet, thence
running north 32 degrees 59 minutes 12 seconds east to channel point
#504 N381475.40, E2524209.93, a distance of about 195.14 feet, thence
running north 26 degrees 17 minutes 22 seconds east to channel point
#502 N381650.36, E2524296.36, a distance of about 81.82 feet, thence
running north 88 degrees 51 minutes 05 seconds west to channel point
#419 N381732.17, E2524294.72 a distance of about 262.65 feet, thence
running north 82 degrees 01 minutes 02 seconds east to channel point #
415a the point of origin.
(j) Walnut Creek, California.--Beginning on the date of enactment
of this Act, the Secretary is no longer authorized to carry out the
portion of the project for flood protection on Walnut Creek,
California, constructed in accordance with the plan authorized by
section 203 of the Flood Control Act of 1960 (Public Law 86-645; 74
Stat. 488) that consists of the culvert on the San Ramon Creek
constructed by the Department of the Army in 1971 that extends from Sta
4+27 to Sta 14+27.
SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB-BASIN, NEW JERSEY.
Title I of the Energy and Water Development Appropriations Act,
1998 (Public Law 105-62; 111 Stat. 1327) is amended by striking section
102.
SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKANSAS, LOUISIANA.
(a) In General.--The Secretary is authorized to reassign unused
irrigation storage within a reservoir on the Red River Basin to
municipal and industrial water supply for use by a non-Federal interest
if that non-Federal interest has already contracted for a share of
municipal and industrial water supply on the same reservoir.
(b) Non-Federal Interest.--A reassignment of storage under
subsection (a) shall be contingent upon the execution of an agreement
between the Secretary and the applicable non-Federal interest.
SEC. 3009. POINT JUDITH HARBOR OF REFUGE, RHODE ISLAND.
The project for the Harbor of Refuge at Point Judith, Narragansett,
Rhode Island, adopted by the Act of September 19, 1890 (commonly known
as the ``River and Harbor Act of 1890'') (26 Stat. 426, chapter 907),
House Document numbered 66, 51st Congress, 1st Session, and modified to
include the west shore arm breakwater under the first section of the
Act of June 25, 1910 (commonly known as the ``River and Harbor Act of
1910'') (36 Stat. 632, chapter 382), is further modified to include
shore protection and erosion control as project purposes.
SEC. 3010. LAND CONVEYANCE OF HAMMOND BOAT BASIN, WARRENTON, OREGON.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Warrenton,
located in Clatsop County, Oregon.
(2) Map.--The term ``map'' means the map contained in
Exhibit A of Department of the Army Lease No. DACW57-1-88-0033
(or a successor instrument).
(b) Conveyance Authority.--Subject to the provisions of this
section, the Secretary shall convey to the City by quitclaim deed, and
without consideration, all right, title, and interest of the United
States in and to the parcel of land described in subsection (c).
(c) Description of Land.--
(1) In general.--Except as provided in paragraph (2), the
land referred to in subsection (b) is the parcel totaling
approximately 59 acres located in the City, together with any
improvements thereon, including the Hammond Marina (as
described in the map).
(2) Exclusion.--The land referred to in subsection (b)
shall not include the site provided for the fisheries research
support facility of the National Marine Fisheries Service.
(3) Availability of map.--The map shall be on file in the
Portland District Office of the Corps of Engineers.
(d) Terms and Conditions.--
(1) In general.--As a condition of the conveyance under
subsection (b), the City shall agree in writing--
(A) that the City and any successor or assign of
the City will release and indemnify the United States
from any claims or liabilities that may arise from or
through the operations of the land conveyed by the
United States; and
(B) to pay any cost associated with the conveyance
under subsection (b).
(2) Additional terms and conditions.--The Secretary may
impose such additional terms, conditions, and requirements on
the conveyance under subsection (b) as the Secretary considers
appropriate to protect the interest of the United States,
including the requirement that the City assume full
responsibility for operating and maintaining the channel and
the breakwater.
(e) Reversion.--If the Secretary determines that the land conveyed
under this section ceases to be owned by the public, all right, title,
and interest in and to the land shall, at the discretion of the
Secretary, revert to the United States.
(f) Deauthorization.--After the land is conveyed under this
section, the land shall no longer be a portion of the project for
navigation, Hammond Small Boat Basin, Oregon, authorized by section 107
of the Rivers and Harbor Act of 1960 (33 U.S.C. 577).
SEC. 3011. METRO EAST FLOOD RISK MANAGEMENT PROGRAM, ILLINOIS.
(a) In General.--The following projects shall constitute a program,
to be known as the ``Metro East Flood Risk Management Program,
Illinois'':
(1) Prairie du Pont Drainage and Levee District and Fish
Lake Drainage and Levee District, Illinois, authorized by--
(A) section 5 of the Act of June 22, 1936 (33
U.S.C. 701h); and
(B) section 5070 of the Water Resources Development
Act of 2007 (Public Law 110-114; 121 Stat. 1220).
(2) East St. Louis, Illinois, authorized by--
(A) section 5 of the Act of June 22, 1936 (33
U.S.C. 701h); and
(B) Energy and Water Development Appropriation Act,
1988 (Public Law 100-202; 101 Stat. 1329-104).
(3) Wood River Drainage and Levee District, Illinois,
authorized by--
(A) section 4 of the Act entitled ``An Act
authorizing the construction of certain public works on
rivers and harbors for flood control, and for other
purposes'', approved June 28, 1938 (52 Stat. 1218); and
(B) section 1001(20) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat.
1053).
SEC. 3012. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.
Section 109 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (114 Stat. 2763A-221, 121 Stat. 1217) is
amended--
(1) in subsection (a), by inserting ``and unincorporated
communities'' after ``municipalities''; and
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) Priority.--In providing assistance under this section, the
Secretary shall give priority to projects sponsored by--
``(1) the State of Florida;
``(2) Monroe County, Florida; and
``(3) incorporated communities in Monroe County,
Florida.''.
SEC. 3013. DES MOINES RECREATIONAL RIVER AND GREENBELT, IOWA.
The boundaries for the project referred to as the Des Moines
Recreational River and Greenbelt, Iowa under the heading ``corps of
engineers--civil'' under the heading ``Department of the Army'' under
the heading ``DEPARTMENT OF DEFENSE--CIVIL'' in chapter IV of title I
of the Supplemental Appropriations Act, 1985 (Public Law 99-88, 99
Stat. 313) are revised to include the entirety of sections 19 and 29,
situated in T89N, R28W.
SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND DREDGED MATERIAL MANAGEMENT
AREA, PORTSMOUTH, VIRGINIA.
(a) In General.--Subject to the conditions described in this
section, the Secretary may convey to the Commonwealth of Virginia, by
quitclaim deed and without consideration, all right, title, and
interest of the United States in and to 2 parcels of land situated
within the project for navigation, Craney Island Eastward Expansion,
Norfolk Harbor and Channels, Hampton Roads, Virginia, authorized by
section 1001(45) of the Water Resources Development Act of 2007 (Pub.
L. 110-114; 121 Stat. 1057), together with any improvements thereon.
(b) Lands To Be Conveyed.--
(1) In general.--The 2 parcels of land to be conveyed under
this section include a parcel consisting of approximately
307.82 acres of land and a parcel consisting of approximately
13.33 acres of land, both located along the eastern side of the
Craney Island Dredged Material Management Area in Portsmouth,
Virginia.
(2) Use.--The 2 parcels of land described in paragraph (1)
may be used by the Commonwealth of Virginia exclusively for the
purpose of port expansion, including the provision of road and
rail access and the construction of a shipping container
terminal.
(c) Terms and Conditions.--Land conveyed under this section shall
be subject to--
(1) a reversionary interest in the United States if the
land--
(A) ceases to be held in public ownership; or
(B) is used for any purpose that is inconsistent
with subsection (b); and
(2) such other terms, conditions, reservations, and
restrictions that the Secretary determines to be necessary and
appropriate to protect the interests of the United States.
(d) Legal Description.--The exact acreage and legal description of
land to be conveyed under this section shall be determined by a survey
that is satisfactory to the Secretary.
(e) Conveyance Costs.--The Commonwealth of Virginia shall be
responsible for all costs associated with the conveyance authorized by
this section, including the cost of the survey required under
subsection (d) and other administrative costs.
SEC. 3015. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.
The project for flood control, Los Angeles County Drainage Area,
California, authorized by section 101(b) of the Water Resources
Development Act of 1990 (Pub. L. 101-640; 104 Stat. 4611), as modified,
is further modified to authorize the Secretary to include, as a part of
the project, measures for flood risk reduction, ecosystem restoration,
and recreation in the Compton Creek watershed.
SEC. 3016. OAKLAND INNER HARBOR TIDAL CANAL, CALIFORNIA.
Section 3182(b)(1) of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1165) is amended--
(1) in subparagraph (A), by inserting ``, or to a
multicounty public entity that is eligible to hold title to
real property'' after ``To the city of Oakland''; and
(2) by inserting ``multicounty public entity or other''
before ``public entity''.
SEC. 3017. REDESIGNATION OF LOWER MISSISSIPPI RIVER MUSEUM AND
RIVERFRONT INTERPRETIVE SITE.
(a) In General.--Section 103(c)(1) of the Water Resources
Development Act of 1992 (106 Stat. 4811) is amended by striking ``Lower
Mississippi River Museum and Riverfront Interpretive Site'' and
inserting ``Jesse Brent Lower Mississippi River Museum and Riverfront
Interpretive Site''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the museum and
interpretive site referred to in subsection (a) shall be deemed to be a
reference to the ``Jesse Brent Lower Mississippi River Museum and
Riverfront Interpretive Site''.
SEC. 3018. LOUISIANA COASTAL AREA.
(a) Interim Adoption of Comprehensive Coastal Master Plan.--
(1) In general.--Section 7002 of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1270) is
amended--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(B) by inserting after subsection (c) the
following:
``(d) Interim Adoption of Comprehensive Master Plan.--Prior to
completion of the comprehensive plan described under subsection (a),
the Secretary shall adopt the plan of the State of Louisiana entitled
`Louisiana's Comprehensive Master Plan for a Sustainable Coast' in
effect on the date of enactment of the Water Resources Development Act
of 2013 (and subsequent plans), authorized and defined pursuant to Act
8 of the First Extraordinary Session of the Louisiana State
Legislature, 2005, for protecting, preserving, and restoring the
coastal Louisiana ecosystem until implementation of the comprehensive
plan is complete.''; and
(C) in subsection (g)(1) (as so redesignated), by
striking ``1 year'' and inserting ``10 years''.
(2) Conforming amendment.--Subsection (f) (as so
redesignated) is amended by striking ``subsection (d)(1)'' and
inserting ``subsection (e)(1)''.
(b) Section 7006 of the Water Resources Development Act of 2007
(Public Law 110-114; 121 Stat. 1274) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) to examine a system-wide approach to coastal
sustainability, including--
``(i) flood and storm damage protection;
``(ii) coastal restoration; and
``(iii) the elevation of public and private
infrastructure;''; and
(2) in subsection (c)(1)(E), by striking ``at Myrtle
Grove'' and inserting ``in the vicinity of Myrtle Grove''.
(c) Effect.--
(1) In general.--Nothing in this section or an amendment
made by this section authorizes the construction of a project
or program associated with a storm surge barrier across the
Lake Pontchartrain land bridge (including Chef Menteur Pass and
the Rigolets) that would result in unmitigated induced flooding
in coastal communities within the State of Mississippi.
(2) Required consultation.--Any study to advance a project
described in paragraph (1) that is conducted using funds from
the General Investigations Account of the Corps of Engineers
shall include consultation and approval of the Governors of the
States of Louisiana and Mississippi.
SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA AND ARLINGTON COUNTY,
VIRGINIA.
Section 84(a)(1) of the Water Resources Development Act of 1974
(Public Law 93-251; 88 Stat. 35) is amended by striking ``twenty-seven
thousand cubic feet per second'' and inserting ``18,000 cubic feet per
second''.
SEC. 3020. EAST FORK OF TRINITY RIVER, TEXAS.
The portion of the project for flood protection on the East Fork of
the Trinity River, Texas, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees
identified as ``Kaufman County Levees K5E and K5W'' shall no longer be
authorized as a part of the Federal project as of the date of enactment
of this Act.
SEC. 3021. SEWARD WATERFRONT, SEWARD, ALASKA.
(a) In General.--The parcel of land included in the Seward Harbor,
Alaska navigation project identified as Tract H, Seward Original
Townsite, Waterfront Park Replat, Plat No 2012-4, Seward Recording
District, shall not be subject to the navigation servitude (as of the
date of enactment of this Act).
(b) Entry by Federal Government.--The Federal Government may enter
upon any portion of the land referred to in subsection (a) to carry out
any required operation and maintenance of the general navigation
features of the project.
TITLE IV--WATER RESOURCE STUDIES
SEC. 4001. PURPOSE.
The purpose of this title is to authorize the Secretary to study
and recommend solutions for water resource issues relating to flood
risk and storm damage reduction, navigation, and aquatic ecosystem
restoration.
SEC. 4002. INITIATION OF NEW WATER RESOURCES STUDIES.
(a) In General.--Subject to subsections (b), (c), and (d), the
Secretary may initiate a study--
(1) to determine the feasibility of carrying out 1 or more
projects for flood risk management, storm damage reduction,
aquatic ecosystem restoration, navigation, hydropower, or
related purposes; or
(2) to carry out watershed and river basin assessments in
accordance with section 729 of the Water Resources Development
Act of 1986 (33 U.S.C. 2267a).
(b) Criteria.--The Secretary may only initiate a study under
subsection (a) if--
(1) the study--
(A) has been requested by an eligible non-Federal
interest;
(B) is for an area that is likely to include a
project with a Federal interest; and
(C) addresses a high-priority water resource issue
necessary for the protection of human life and
property, the environment, or the national security
interests of the United States; and
(2) the non-Federal interest has demonstrated--
(A) that local support exists for addressing the
water resource issue; and
(B) the financial ability to provide the required
non-Federal cost-share.
(c) Congressional Approval.--
(1) Submission to congress.--Prior to initiating a study
under subsection (a), the Secretary shall submit to the
Committees on Environment and Public Works and Appropriations
of the Senate and the Committees on Transportation and
Infrastructure and Appropriations of the House--
(A) a description of the study, including the
geographical area addressed by the study;
(B) a description of how the study meets each of
the requirements of subsection (b); and
(C) a certification that the proposed study can be
completed within 3 years and for a Federal cost of not
more than $3,000,000.
(2) Expenditure of funds.--No funds may be spent on a study
initiated under subsection (a) unless--
(A) the required information is submitted to
Congress under paragraph (1); and
(B) after such submission, amounts are appropriated
to initiate the study in an appropriations or other
Act.
(3) Additional notification.--The Secretary shall notify
each Senator or Member of Congress with a State or
congressional district in the study area described in paragraph
(1)(A).
(d) Limitations.--
(1) In general.--Subsection (a) shall not apply to a
project for which a study has been authorized prior to the date
of enactment of this Act.
(2) New studies.--In each fiscal year, the Secretary may
initiate not more than--
(A) 3 new studies in each of the primary mission
areas of the Corps of Engineers; and
(B) 3 new studies from any 1 division of the Corps
of Engineers.
(e) Termination.--The authority under subsection (a) expires on the
date that is 3 years after the date of enactment of this Act.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2014 through 2017.
SEC. 4003. APPLICABILITY.
(a) In General.--Nothing in this title authorizes the construction
of a water resources project.
(b) New Authorization Required.--New authorization from Congress is
required before any project evaluated in a study under this title is
constructed.
TITLE V--REGIONAL AND NONPROJECT PROVISIONS
SEC. 5001. PURPOSE.
The purpose of this title is to authorize regional, multistate
authorities to address water resource needs and other non-project
provisions.
SEC. 5002. NORTHEAST COASTAL REGION ECOSYSTEM RESTORATION.
(a) In General.--The Secretary shall plan, design, and construct
projects for aquatic ecosystem restoration within the coastal waters of
the Northeastern United States from the State of Virginia to the State
of Maine, including associated bays, estuaries, and critical riverine
areas.
(b) General Coastal Management Plan.--
(1) Assessment.--The Secretary, in coordination with the
Administrator of the Environmental Protection Agency, the heads
of other appropriate Federal agencies, the Governors of the
coastal States from Virginia to Maine, nonprofit organizations,
and other interested parties, shall assess the needs regarding,
and opportunities for, aquatic ecosystem restoration within the
coastal waters of the Northeastern United States.
(2) Plan.--The Secretary shall develop a general coastal
management plan based on the assessment carried out under
paragraph (1), maximizing the use of existing plans and
investigation, which plan shall include--
(A) an inventory and evaluation of coastal
habitats;
(B) identification of aquatic resources in need of
improvement;
(C) identification and prioritization of potential
aquatic habitat restoration projects; and
(D) identification of geographical and ecological
areas of concern, including--
(i) finfish habitats;
(ii) diadromous fisheries migratory
corridors;
(iii) shellfish habitats;
(iv) submerged aquatic vegetation;
(v) wetland; and
(vi) beach dune complexes and other similar
habitats.
(c) Eligible Projects.--The Secretary may carry out an aquatic
ecosystem restoration project under this section if the project--
(1) is consistent with the management plan developed under
subsection (b); and
(2) provides for--
(A) the restoration of degraded aquatic habitat
(including coastal, saltmarsh, benthic, and riverine
habitat);
(B) the restoration of geographical or ecological
areas of concern, including the restoration of natural
river and stream characteristics;
(C) the improvement of water quality; or
(D) other projects or activities determined to be
appropriate by the Secretary.
(d) Cost Sharing.--
(1) Management plan.--The management plan developed under
subsection (b) shall be completed at Federal expense.
(2) Restoration projects.--The non-Federal share of the
cost of a project carried out under this section shall be 35
percent.
(e) Cost Limitation.--Not more than $10,000,000 in Federal funds
may be allocated under this section for an eligible project.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section (including funds for the
completion of the management plan) $25,000,000 for each of fiscal years
2014 through 2023.
SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
Section 510 of the Water Resources Development Act of 1996 (Public
Law 104-303; 110 Stat. 3759; 121 Stat. 1202) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``pilot program'' and
inserting ``program''; and
(ii) by inserting ``in the basin States
described in subsection (f) and the District of
Columbia'' after ``interests''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Form.--The assistance under paragraph (1) shall be in
the form of design and construction assistance for water-
related resource protection and restoration projects affecting
the Chesapeake Bay estuary, based on the comprehensive plan
under subsection (b), including projects for--
``(A) sediment and erosion control;
``(B) protection of eroding shorelines;
``(C) ecosystem restoration, including restoration
of submerged aquatic vegetation;
``(D) protection of essential public works;
``(E) beneficial uses of dredged material; and
``(F) other related projects that may enhance the
living resources of the estuary.'';
(2) by striking subsection (b) and inserting the following:
``(b) Comprehensive Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Water Resources Development Act of 2013, the
Secretary, in cooperation with State and local governmental
officials and affected stakeholders, shall develop a
comprehensive Chesapeake Bay restoration plan to guide the
implementation of projects under subsection (a)(2).
``(2) Coordination.--The restoration plan described in
paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or planned
actions of other Federal, State, and local agencies and
nongovernmental organizations.
``(3) Prioritization.--The restoration plan described in
paragraph (1) shall give priority to projects eligible under
subsection (a)(2) that will also improve water quality or
quantity or use natural hydrological features and systems.
``(4) Administration.--The Federal share of the costs of
carrying out paragraph (1) shall be 75 percent.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``to provide''
and all that follows through the period at the end and
inserting ``for the design and construction of a
project carried out pursuant to the comprehensive
Chesapeake Bay restoration plan described in subsection
(b).'';
(B) in paragraph (2)(A), by striking ``facilities
or resource protection and development plan'' and
inserting ``resource protection and restoration plan'';
and
(C) by adding at the end the following:
``(3) Projects on federal land.--A project carried out
pursuant to the comprehensive Chesapeake Bay restoration plan
described in subsection (b) that is located on Federal land
shall be carried out at the expense of the Federal agency that
owns the land on which the project will be a carried out.
``(4) Non-federal contributions.--A Federal agency carrying
out a project described in paragraph (3) may accept
contributions of funds from non-Federal entities to carry out
that project.'';
(4) by striking subsection (e) and inserting the following:
``(e) Cooperation.--In carrying out this section, the Secretary
shall cooperate with--
``(1) the heads of appropriate Federal agencies,
including--
``(A) the Administrator of the Environmental
Protection Agency;
``(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanographic and
Atmospheric Administration;
``(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
``(D) the heads of such other Federal agencies as
the Secretary determines to be appropriate; and
``(2) agencies of a State or political subdivision of a
State, including the Chesapeake Bay Commission.'';
(5) by striking subsection (f) and inserting the following:
``(f) Projects.--The Secretary shall establish, to the maximum
extent practicable, at least 1 project under this section in--
``(1) regions within the Chesapeake Bay watershed of each
of the basin States of Delaware, Maryland, New York,
Pennsylvania, Virginia, and West Virginia; and
``(2) the District of Columbia.'';
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
SEC. 5004. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW
MEXICO, TEXAS.
Section 5056 of the Water Resources Development Act of 2007 (121
Stat. 1213) is amended--
(1) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``2008'' and inserting ``2014''; and
(B) in subparagraph (C), by inserting ``and an
assessment of needs for other related purposes in the
Rio Grande Basin, including flood damage reduction''
after ``assessment'';
(2) in subsection (c)(2)--
(A) by striking ``an interagency agreement with''
and inserting ``1 or more interagency agreements with
the Secretary of State and''; and
(B) by inserting ``or the U.S. Section of the
International Boundary and Water Commission'' after
``the Department of the Interior''; and
(3) in subsection (f), by striking ``2011'' and inserting
``2024''.
SEC. 5005. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM
RESTORATION, OREGON AND WASHINGTON.
Section 536(g) of the Water Resources Development Act of 2000 (114
Stat. 2661) is amended by striking ``$30,000,000'' and inserting
``$75,000,000''.
SEC. 5006. ARKANSAS RIVER, ARKANSAS AND OKLAHOMA.
(a) Project Goal.--The goal for operation of the McClellan-Kerr
Arkansas River navigation system, Arkansas and Oklahoma, shall be to
maximize the use of the system in a balanced approach that incorporates
advice from representatives from all project purposes to ensure that
the full value of the system is realized by the United States.
(b) McClellan-Kerr Arkansas River Navigation System Advisory
Committee.--
(1) In general.--In accordance with the Federal Advisory
Committee Act (5 U.S.C. App.), the Secretary shall establish an
advisory committee for the McClellan-Kerr Arkansas River
navigation system, Arkansas and Oklahoma, project authorized by
the Act of July 24, 1946 (60 Stat. 635, chapter 595).
(2) Duties.--The advisory committee shall--
(A) serve in an advisory capacity only; and
(B) provide information and recommendations to the
Corps of Engineers relating to the efficiency,
reliability, and availability of the operations of the
McClellan-Kerr Arkansas River navigation system.
(3) Selection and composition.--The advisory committee
shall be--
(A) selected jointly by the Little Rock district
engineer and the Tulsa district engineer; and
(B) composed of members that equally represent the
McClellan-Kerr Arkansas River navigation system project
purposes.
(4) Agency resources.--The Little Rock district and the
Tulsa district of the Corps of Engineers, under the supervision
of the southwestern division, shall jointly provide the
advisory committee with adequate staff assistance, facilities,
and resources.
(5) Termination.--
(A) In general.--Subject to subparagraph (B), the
advisory committee shall terminate on the date on which
the Secretary submits a report to Congress
demonstrating increases in the efficiency, reliability,
and availability of the McClellan-Kerr Arkansas River
navigation system.
(B) Restriction.--The advisory committee shall
terminate not less than 2 calendar years after the date
on which the advisory committee is established.
SEC. 5007. AQUATIC INVASIVE SPECIES PREVENTION AND MANAGEMENT; COLUMBIA
RIVER BASIN.
(a) In General.--The Secretary may establish a program to prevent
and manage aquatic invasive species in the Columbia River Basin in the
States of Idaho, Montana, Oregon, and Washington.
(b) Watercraft Inspection Stations.--
(1) In general.--In carrying out this section, the
Secretary shall establish watercraft inspection stations in the
Columbia River Basin to be located in the States of Idaho,
Montana, Oregon, and Washington at locations, as determined by
the Secretary, with the highest likelihood of preventing the
spread of aquatic invasive species into reservoirs operated and
maintained by the Secretary.
(2) Inclusions.--Locations identified under paragraph (1)
may include--
(A) State border crossings;
(B) international border crossings; and
(C) highway entry points that are used by owners of
watercraft to access boat launch facilities owned or
managed by the Secretary.
(3) Cost-share.--The non-Federal share of the cost of
operating and maintaining watercraft inspection stations
described in paragraph (1) (including personnel costs) shall be
50 percent.
(4) Other inspection sites.--The Secretary may establish
watercraft inspection stations using amounts made available to
carry out this section in States other than those described in
paragraph (1) at or near boat launch facilities that the
Secretary determines are regularly used by watercraft to enter
the States described in paragraph (1).
(c) Monitoring and Contingency Planning.--The Secretary shall--
(1) carry out risk assessments of each major public and
private water resources facility in the Columbia River Basin;
(2) establish an aquatic invasive species monitoring
program in the Columbia River Basin;
(3) establish a Columbia River Basin watershed-wide plan
for expedited response to an infestation of aquatic invasive
species; and
(4) monitor water quality, including sediment cores and
fish tissue samples, at facilities owned or managed by the
Secretary in the Columbia River Basin.
(d) Coordination.--In carrying out this section, the Secretary
shall consult and coordinate with--
(1) the States described in subsection (a);
(2) Indian tribes; and
(3) other Federal agencies, including--
(A) the Department of Agriculture;
(B) the Department of Energy;
(C) the Department of Homeland Security;
(D) the Department of Commerce; and
(E) the Department of the Interior.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000, of
which $5,000,000 may be used to carry out subsection (c).
SEC. 5008. UPPER MISSOURI BASIN FLOOD AND DROUGHT MONITORING.
(a) In General.--The Secretary, in coordination with the
Administrator of the National Oceanic and Atmospheric Administration,
the Chief of the Natural Resources Conservation Service, the Director
of the United States Geological Survey, and the Commissioner of the
Bureau of Reclamation, shall establish a program to provide for--
(1) soil moisture and snowpack monitoring in the Upper
Missouri River Basin to reduce flood risk and improve river and
water resource management in the Upper Missouri River Basin, as
outlined in the February 2013 report entitled ``Upper Missouri
Basin Monitoring Committee--Snow Sampling and Instrumentation
Recommendations'';
(2) restoring and maintaining existing mid- and high-
elevation snowpack monitoring sites operated under the SNOTEL
program of the Natural Resources Conservation Service; and
(3) operating streamflow gages and related interpretive
studies in the Upper Missouri River Basin under the cooperative
water program and the national streamflow information program
of the United States Geological Service.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $11,250,000.
(c) Use of Funds.--Amounts made available to the Secretary under
this section shall be used to complement other related activities of
Federal agencies that are carried out within the Missouri River Basin.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States, in consultation
with the Secretary, shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) identifies progress made by the Secretary and other
Federal agencies to implement the recommendations contained in
the report described in subsection (a)(1) with respect to
enhancing soil moisture and snowpack monitoring in the Upper
Missouri Basin; and
(2) includes recommendations to enhance soil moisture and
snowpack monitoring in the Upper Missouri Basin.
SEC. 5009. UPPER MISSOURI BASIN SHORELINE EROSION PREVENTION.
(a) In General.--
(1) Authorization of assistance.--The Secretary may provide
planning, design, and construction assistance to not more than
3 federally-recognized Indian tribes in the Upper Missouri
River Basin to undertake measures to address shoreline erosion
that is jeopardizing existing infrastructure resulting from
operation of a reservoir constructed under the Pick-Sloan
Missouri River Basin Program (authorized by section 9 of the
Act of December 22, 1944 (commonly known as the ``Flood Control
Act of 1944'') (58 Stat. 891, chapter 665)).
(2) Limitation.--The projects described in paragraph (1)
shall be economically justified, technically feasible, and
environmentally acceptable.
(b) Federal and Non-Federal Cost Share.--
(1) In general.--Subject to paragraph (2), the Federal
share of the costs of carrying out this section shall be not
less than 75 percent.
(2) Ability to pay.--The Secretary may adjust the Federal
and non-Federal shares of the costs of carrying out this
section in accordance with the terms and conditions of section
103(m) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(m)).
(c) Conditions.--The Secretary may provide the assistance described
in subsection (a) only after--
(1) consultation with the Department of the Interior; and
(2) execution by the Indian tribe of a memorandum of
agreement with the Secretary that specifies that the tribe
shall--
(A) be responsible for--
(i) all operation and maintenance
activities required to ensure the integrity of
the measures taken; and
(ii) providing any required real estate
interests in and to the property on which such
measures are to be taken; and
(B) hold and save the United States free from
damages arising from planning, design, or construction
assistance provided under this section, except for
damages due to the fault or negligence of the United
States or its contractors.
(d) Authorization of Appropriations.--For each Indian tribe
eligible under this section, there is authorized to be appropriated to
carry out this section not more than $30,000,000.
SEC. 5010. NORTHERN ROCKIES HEADWATERS EXTREME WEATHER MITIGATION.
(a) In General.--Subject to subsection (b), the Secretary shall
establish a program to mitigate the impacts of extreme weather events,
such as floods and droughts, on communities, water users, and fish and
wildlife located in and along the headwaters of the Columbia, Missouri,
and Yellowstone Rivers (including the tributaries of those rivers) in
the States of Idaho and Montana by carrying out river, stream, and
floodplain protection and restoration projects, including--
(1) floodplain restoration and reconnection;
(2) floodplain and riparian area protection through the use
of conservation easements;
(3) instream flow restoration projects;
(4) fish passage improvements;
(5) channel migration zone mapping; and
(6) invasive weed management.
(b) Restriction.--All projects carried out using amounts made
available to carry out this section shall emphasize the protection and
enhancement of natural riverine processes.
(c) Non-federal Cost Share.--The non-Federal share of the costs of
carrying out a project under this section shall not exceed 35 percent
of the total cost of the project.
(d) Coordination.--In carrying out this section, the Secretary--
(1) shall consult and coordinate with the appropriate State
natural resource agency in each State; and
(2) may--
(A) delegate any authority or responsibility of the
Secretary under this section to those State natural
resource agencies; and
(B) provide amounts made available to the Secretary
to carry out this section to those State natural
resource agencies.
(e) Limitations.--Nothing in this section invalidates, preempts, or
creates any exception to State water law, State water rights, or
Federal or State permitted activities or agreements in the States of
Idaho and Montana or any State containing tributaries to rivers in
those States.
(f) Effect of Section.--
(1) In general.--Nothing in this section replaces or
provides a substitute for the authority to carry out projects
under section 3110 of the Water Resources Development Act of
2007 (121 Stat. 1135).
(2) Funding.--The amounts made available to carry out this
section shall be used to carry out projects that are not
otherwise carried out under section 3110 of the Water Resources
Development Act of 2007 (121 Stat. 1135).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000.
SEC. 5011. AQUATIC NUISANCE SPECIES PREVENTION, GREAT LAKES AND
MISSISSIPPI RIVER BASIN.
(a) In General.--The Secretary is authorized to implement measures
recommended in the efficacy study authorized under section 3061 of the
Water Resources Development Act of 2007 (121 Stat. 1121) or in interim
reports, with any modifications or any emergency measures that the
Secretary determines to be appropriate to prevent aquatic nuisance
species from dispersing into the Great Lakes by way of any hydrologic
connection between the Great Lakes and the Mississippi River Basin.
(b) Reports.--The Secretary shall report to the Committees on
Environment and Public Works and Appropriations of the Senate and the
Committees on Transportation and Infrastructure and Appropriations of
the House of Representatives any emergency actions taken pursuant to
this section.
SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT PROGRAM.
(a) In General.--In accordance with the project for navigation,
Mississippi River between the Ohio and Missouri Rivers (Regulating
Works), Missouri and Illinois, authorized by the Act of June 25, 1910
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47)
(commonly known as the ``River and Harbor Act of 1927''), and the Act
of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry
out a pilot program to restore and protect fish and wildlife habitat in
the middle Mississippi River.
(b) Authorized Activities.--As part of the pilot program carried
out under subsection (a), the Secretary may carry out any activity
along the Middle Mississippi River that is necessary to improve
navigation through the project while restoring and protecting fish and
wildlife habitat in the middle Mississippi River if the Secretary
determines that the activity is feasible.
(c) Cost-Sharing Requirement.--
(1) In general.--The maximum Federal share of the cost of
carrying out a project under this section shall be 65 percent.
(2) Amount expended per project.--The Federal share
described in paragraph (1) shall not exceed $10,000,000 for
each project.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2014 through 2023.
SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL UTAH, AND
WYOMING.
Section 595 of the Water Resources Development Act of 1999 (Public
Law 106-53; 113 Stat. 383) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Form of Assistance.--Assistance under this section may be in
the form of--
``(1) design and construction assistance for water-related
environmental infrastructure and resource protection and
development in Idaho, Montana, rural Nevada, New Mexico, rural
Utah, and Wyoming, including projects for--
``(A) wastewater treatment and related facilities;
``(B) water supply and related facilities;
``(C) environmental restoration; and
``(D) surface water resource protection and
development; and
``(2) technical assistance to small and rural communities
for water planning and issues relating to access to water
resources.''; and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section for the period beginning with
fiscal year 2001 $450,000,000, which shall--
``(1) be made available to the States and locales described
in subsection (b) consistent with program priorities determined
by the Secretary in accordance with criteria developed by the
Secretary to establish the program priorities; and
``(2) remain available until expended.''.''
SEC. 5014. CHESAPEAKE BAY OYSTER RESTORATION IN VIRGINIA AND MARYLAND.
Section 704(b) of Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) in paragraph (1), by striking ``$50,000,000'' and
inserting ``$70,000,000''; and
(2) by striking subparagraph (B) of paragraph (4) and
inserting the following:
``(B) Form.--The non-Federal share may be provided
through in-kind services, including--
``(i) the provision by the non-Federal
interest of shell stock material that is
determined by the Secretary to be suitable for
use in carrying out the project; and
``(ii) in the case of a project carried out
under paragraph (2)(D) after the date of
enactment of this clause, land conservation or
restoration efforts undertaken by the non-
Federal interest that the Secretary determines
provide water quality benefits that--
``(I) enhance the viability of
oyster restoration efforts; and
``(II) are integral to the
project.''.
SEC. 5015. MISSOURI RIVER BETWEEN FORT PECK DAM, MONTANA AND GAVINS
POINT DAM, SOUTH DAKOTA AND NEBRASKA.
Section 9(f) of the Act of December 22, 1944 (commonly known as the
``Flood Control Act of 1944'') (58 Stat. 891, chapter 665; 102 Stat.
4031) is amended by striking ``$3,000,000'' and inserting
``$5,000,000''.
SEC. 5016. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI RIVER
PORTS.
(a) Definitions.--In this section:
(1) Shallow draft.--The term ``shallow draft'' means a
project that has a depth less than 14 feet.
(2) Inland mississippi river.--The term ``inland
Mississippi River'' means the portion of the Mississippi River
that begins at the confluence of the Minnesota River and ends
at the confluence of the Red River.
(b) In General.--The Secretary, acting through the Chief of
Engineers, shall carry out dredging activities on shallow draft ports
located on the Inland Mississippi River to the respective authorized
widths and depths of those inland ports, as authorized on the date of
enactment of this Act.
(c) Authorization of Appropriations.--For each fiscal year, there
is authorized to be appropriated to the Secretary to carry out this
section $25,000,000.
SEC. 5017. REMOTE AND SUBSISTENCE HARBORS.
Section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``or Alaska''
after ``Hawaii''; and
(B) in paragraph (2)--
(i) by striking ``community'' and inserting
``region''; and
(ii) by inserting ``, as determined by the
Secretary based on information provided by the
non-Federal interest'' after ``improvement'';
and
(2) by adding at the end the following:
``(c) Prioritization.--Projects recommended by the Secretary under
subsection (a) shall be given equivalent budget consideration and
priority as projects recommended solely by national economic
development benefits.
``(d) Construction.--
``(1) In general.--The Secretary may plan, design, or
construct projects for navigation in the noncontiguous States
and territories of the United States if the Secretary finds
that the project is--
``(A) technically feasible;
``(B) environmentally sound; and
``(C) economically justified.
``(2) Special rule.--In evaluating and implementing a
project under this section, the Secretary shall allow the non-
Federal interest to participate in the financing of the project
in accordance with the criteria established for flood control
projects in section 903(c) of the Water Resources Development
Act of 1986 (Public Law 99-662; 100 Stat. 4184) if the detailed
project report evaluation indicates that applying that section
is necessary to implement the project.
``(3) Cost.--The Federal share of the cost of carrying out
a project under this section shall not exceed $10,000,000.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out projects initiated by the
Secretary under this subsection $100,000,000 for fiscal years
2014 through 2023.''.
SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN CARP IN THE
UPPER MISSISSIPPI RIVER AND OHIO RIVER BASINS AND
TRIBUTARIES.
(a) Multiagency Effort To Slow the Spread of Asian Carp in the
Upper Mississippi and Ohio River Basins and Tributaries.--
(1) In general.--The Director of the United States Fish and
Wildlife Service, in coordination with the Chief of Engineers,
the Director of the National Park Service, and the Director of
the United States Geological Survey, shall lead a multiagency
effort to slow the spread of Asian carp in the Upper
Mississippi and Ohio River basins and tributaries by providing
high-level technical assistance, coordination, best practices,
and support to State and local governments in carrying out
activities designed to slow, and eventually eliminate, the
threat posed by Asian carp.
(2) Best practices.--To the maximum extent practicable, the
multiagency effort shall apply lessons learned and best
practices such as those described in the document prepared by
the Asian Carp Working Group entitled ``Management and Control
Plan for Bighead, Black, Grass, and Silver Carps in the United
States'', and dated November 2007, and the document prepared by
the Asian Carp Regional Coordinating Committee entitled ``FY
2012 Asian Carp Control Strategy Framework'' and dated February
2012.
(b) Report to Congress.--
(1) In general.--Not later than December 31 of each year,
the Director of the United States Fish and Wildlife Service, in
coordination with the Chief of Engineers, shall submit to the
Committee on Appropriations and the Committee on Natural
Resources of the House of Representatives and the Committee on
Appropriations and the Committee on Environmental and Public
Works of the Senate a report describing the coordinated
strategies established and progress made toward goals to
control and eliminate Asian carp in the Upper Mississippi and
Ohio River basins and tributaries.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) any observed changes in the range of Asian carp
in the Upper Mississippi and Ohio River basins and
tributaries during the 2-year period preceding
submission of the report;
(B) a summary of Federal agency efforts, including
cooperative efforts with non-Federal partners, to
control the spread of Asian carp in the Upper
Mississippi and Ohio River basins and tributaries;
(C) any research that the Director determines could
improve the ability to control the spread of Asian carp
in the Upper Mississippi and Ohio River basins and
tributaries;
(D) any quantitative measures that Director intends
to use to document progress in controlling the spread
of Asian carp in the Upper Mississippi and Ohio River
basins and tributaries; and
(E) a cross-cut accounting of Federal and non-
Federal expenditures to control the spread of Asian
carp in the Upper Mississippi and Ohio River basins and
tributaries.
SEC. 5019. RELEASE OF USE RESTRICTIONS.
Notwithstanding any other provision of law, the Tennessee Valley
Authority shall, without monetary consideration, grant releases from
real estate restrictions established pursuant to section 4(k)(b) of the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with
respect to tracts of land identified in section 4(k)(b) of that Act;
provided that such releases shall be granted in a manner consistent
with applicable TVA policies.
SEC. 5020. RIGHTS AND RESPONSIBILITIES OF CHEROKEE NATION OF OKLAHOMA
REGARDING W.D. MAYO LOCK AND DAM, OKLAHOMA.
Section 1117 of the Water Resources Development Act of 1986 (Public
Law 99-662; 100 Stat. 4236) is amended to read as follows:
``SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA.
``(a) In General.--Notwithstanding any other provision of law, the
Cherokee Nation of Oklahoma has authorization--
``(1) to design and construct 1 or more hydroelectric
generating facilities at the W.D. Mayo Lock and Dam on the
Arkansas River in the State of Oklahoma, subject to the
requirements of subsection (b) and in accordance with the
conditions specified in this section; and
``(2) to market the electricity generated from any such
hydroelectric generating facility.
``(b) Preconstruction Requirements.--
``(1) In general.--The Cherokee Nation shall obtain any
permit required by Federal or State law before the date on
which construction begins on any hydroelectric generating
facility under subsection (a).
``(2) Review by secretary.--The Cherokee Nation may
initiate the design or construction of a hydroelectric
generating facility under subsection (a) only after the
Secretary reviews and approves the plans and specifications for
the design and construction.
``(c) Payment of Design and Construction Costs.--
``(1) In general.--The Cherokee Nation shall--
``(A) bear all costs associated with the design and
construction of any hydroelectric generating facility
under subsection (a); and
``(B) provide any funds necessary for the design
and construction to the Secretary prior to the
Secretary initiating any activities relating to the
design and construction of the hydroelectric generating
facility.
``(2) Use by secretary.--The Secretary may--
``(A) accept funds offered by the Cherokee Nation
under paragraph (1); and
``(B) use the funds to carry out the design and
construction of any hydroelectric generating facility
under subsection (a).
``(d) Assumption of Liability.--The Cherokee Nation--
``(1) shall hold all title to any hydroelectric generating
facility constructed under this section;
``(2) may, subject to the approval of the Secretary, assign
that title to a third party;
``(3) shall be solely responsible for--
``(A) the operation, maintenance, repair,
replacement, and rehabilitation of any such facility;
and
``(B) the marketing of the electricity generated by
any such facility; and
``(4) shall release and indemnify the United States from
any claims, causes of action, or liabilities that may arise out
of any activity undertaken to carry out this section.
``(e) Assistance Available.--Notwithstanding any other provision of
law, the Secretary may provide any technical and construction
management assistance requested by the Cherokee Nation relating to the
design and construction of any hydroelectric generating facility under
subsection (a).
``(f) Third Party Agreements.--The Cherokee Nation may enter into
agreements with the Secretary or a third party that the Cherokee Nation
or the Secretary determines to be necessary to carry out this
section.''.
SEC. 5021. UPPER MISSISSIPPI RIVER PROTECTION.
(a) Definition of Upper St. Anthony Falls Lock and Dam.--In this
section, the term ``Upper St. Anthony Falls Lock and Dam'' means the
lock and dam located on Mississippi River mile 853.9 in Minneapolis,
Minnesota.
(b) Economic Impact Study.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to Congress a
report regarding the impact of closing the Upper St. Anthony Falls Lock
and Dam on the economic and environmental well-being of the State of
Minnesota.
(c) Mandatory Closure.--Notwithstanding subsection (b) and not
later than 1 year after the date of enactment of this Act, the
Secretary shall close the Upper St. Anthony Falls Lock and Dam if the
Secretary determines that the annual average tonnage moving through the
Upper St. Anthony Falls Lock and Dam for the preceding 5 years is not
more than 1,500,000 tons.
(d) Emergency Operations.--Nothing in this section prevents the
Secretary from carrying out emergency lock operations necessary to
mitigate flood damage.
SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.
(a) In General.--The Secretary may provide technical assistance,
including planning, design, and construction assistance, to non-Federal
public entities, including Indian tribes (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)), for the development, construction, operation, and maintenance
of channels, harbors, and related infrastructure associated with deep
draft ports for purposes of dealing with Arctic development and
security needs.
(b) Acceptance of Funds.--The Secretary is authorized to accept and
expend funds provided by non-Federal public entities, including Indian
tribes (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)), to carry out the activities
described in subsection (a).
(c) Limitation.--No assistance may be provided under this section
until after the date on which the entity to which that assistance is to
be provided enters into a written agreement with the Secretary that
includes such terms and conditions as the Secretary determines to be
appropriate and in the public interest.
(d) Prioritization.--The Secretary shall prioritize Arctic deep
draft ports identified by the Army Corps, the Department of Homeland
Security and the Department of Defense.
SEC. 5023. GREATER MISSISSIPPI RIVER BASIN SEVERE FLOODING AND DROUGHT
MANAGEMENT STUDY.
(a) Definitions.--In this section:
(1) Greater mississippi river basin.--The term ``greater
Mississippi River Basin'' means the area covered by hydrologic
units 5, 6, 7, 8, 10, and 11, as identified by the United
States Geological Survey as of the date of enactment of this
Act.
(2) Lower mississippi river.--The term ``lower Mississippi
River'' means the portion of the Mississippi River that begins
at the confluence of the Ohio River and flows to the Gulf of
Mexico.
(3) Middle mississippi river.--The term ``middle
Mississippi River'' means the portion of the Mississippi River
that begins at the confluence of the Missouri River and flows
to the lower Mississippi River.
(4) Severe flooding and drought.--The term ``severe
flooding and drought'' means severe weather events that
threaten personal safety, property, and navigation on the
inland waterways of the United States.
(b) In General.--The Secretary shall carry out a study of the
greater Mississippi River Basin--
(1) to improve the coordinated and comprehensive management
of water resource projects in the greater Mississippi River
Basin relating to severe flooding and drought conditions; and
(2) to evaluate the feasibility of any modifications to
those water resource projects, consistent with the authorized
purposes of those projects, and develop new water resource
projects to improve the reliability of navigation and more
effectively reduce flood risk.
(c) Contents.--The study shall--
(1) identify any Federal actions that are likely to prevent
and mitigate the impacts of severe flooding and drought,
including changes to authorized channel dimensions, operational
procedures of locks and dams, and reservoir management within
the greater Mississippi River Basin, consistent with the
authorized purposes of the water resource projects;
(2) identify and make recommendations to remedy challenges
to the Corps of Engineers presented by severe flooding and
drought, including river access, in carrying out its mission to
maintain safe, reliable navigation, consistent with the
authorized purposes of the water resource projects in the
greater Mississippi River Basin; and
(3) identify and locate natural or other physical
impediments along the middle and lower Mississippi River to
maintaining navigation on the middle and lower Mississippi
River during periods of low water.
(d) Consultation and Use of Existing Data.--In carrying out the
study, the Secretary shall--
(1) consult with appropriate committees of Congress,
Federal, State, tribal, and local agencies, environmental
interests, agricultural interests, recreational interests,
river navigation industry representatives, other shipping and
business interests, organized labor, and nongovernmental
organizations;
(2) to the maximum extent practicable, use data in
existence as of the date of enactment of this Act; and
(3) incorporate lessons learned and best practices
developed as a result of past severe flooding and drought
events, including major floods and the successful effort to
maintain navigation during the near historic low water levels
on the Mississippi River during the winter of 2012-2013.
(e) Cost-sharing.--The Federal share of the cost of carrying out
the study under this section shall be 100 percent.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the study
carried out under this section.
(g) Savings Clause.--Nothing in this section impacts the operations
and maintenance of the Missouri River Mainstem System, as authorized by
the Act of December 22, 1944 (58 Stat. 897, chapter 665).
SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, MAINE.
(a) In General.--The Secretary, in concurrence with the
Administrator of the Environmental Protection Agency, is authorized to
reopen the Cape Arundel Disposal Site selected by the Department of the
Army as an alternative dredged material disposal site under section
103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972
(33 U.S.C. 1413(b)) (referred to in this section as the ``Site'').
(b) Deadline.--The Site may remain open under subsection (a) until
the earlier of--
(1) the date on which the Site does not have any remaining
disposal capacity;
(2) the date on which an environmental impact statement
designating an alternative dredged material disposal site for
southern Maine has been completed; or
(3) the date that is 5 years after the date of enactment of
this Act.
(c) Limitations.--The use of the Site as a dredged material
disposal site under subsection (a) shall be subject to the conditions
that--
(1) conditions at the Site remain suitable for the
continued use of the Site as a dredged material disposal site;
and
(2) the Site not be used for the disposal of more than
80,000 cubic yards from any single dredging project.
TITLE VI--LEVEE SAFETY
SEC. 6001. SHORT TITLE.
This title may be cited as the ``National Levee Safety Program
Act''.
SEC. 6002. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) there is a need to establish a national levee safety
program to provide national leadership and encourage the
establishment of State and tribal levee safety programs;
(2) according to the National Committee on Levee Safety,
``the level of protection and robustness of design and
construction of levees vary considerably across the country'';
(3) knowing the location, condition, and ownership of
levees, as well as understanding the population and
infrastructure at risk in leveed areas, is necessary for
identification and prioritization of activities associated with
levees;
(4) levees are an important tool for reducing flood risk
and should be considered in the context of broader flood risk
management efforts;
(5) States and Indian tribes--
(A) are uniquely positioned to oversee, coordinate,
and regulate local and regional levee systems; and
(B) should be encouraged to participate in a
national levee safety program by establishing
individual levee safety programs; and
(6) States, Indian tribes, and local governments that do
not invest in protecting the individuals and property located
behind levees place those individuals and property at risk.
(b) Purposes.--The purposes of this title are--
(1) to promote sound technical practices in levee design,
construction, operation, inspection, assessment, security, and
maintenance;
(2) to ensure effective public education and awareness of
risks involving levees;
(3) to establish and maintain a national levee safety
program that emphasizes the protection of human life and
property; and
(4) to implement solutions and incentives that encourage
the establishment of effective State and tribal levee safety
programs.
SEC. 6003. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the National Levee
Safety Advisory Board established under section 6005.
(2) Canal structure.--
(A) In general.--The term ``canal structure'' means
an embankment, wall, or structure along a canal or
manmade watercourse that--
(i) constrains water flows;
(ii) is subject to frequent water loading;
and
(iii) is an integral part of a flood risk
reduction system that protects the leveed area
from flood waters associated with hurricanes,
precipitation events, seasonal high water, and
other weather-related events.
(B) Exclusion.--The term ``canal structure'' does
not include a barrier across a watercourse.
(3) Federal agency.--The term ``Federal agency'' means a
Federal agency that designs, finances, constructs, owns,
operates, maintains, or regulates the construction, operation,
or maintenance of a levee.
(4) Flood damage reduction system.--The term ``flood damage
reduction system'' means a system designed and constructed to
have appreciable and dependable effects in reducing damage by
floodwaters.
(5) Flood mitigation.--The term ``flood mitigation'' means
any structural or nonstructural measure that reduces risks of
flood damage by reducing the probability of flooding, the
consequences of flooding, or both.
(6) Floodplain management.--The term ``floodplain
management'' means the operation of a community program of
corrective and preventative measures for reducing flood damage.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(8) Levee.--
(A) In general.--The term ``levee'' means a manmade
barrier (such as an embankment, floodwall, or other
structure)--
(i) the primary purpose of which is to
provide hurricane, storm, or flood protection
relating to seasonal high water, storm surges,
precipitation, or other weather events; and
(ii) that is normally subject to water
loading for only a few days or weeks during a
calendar year.
(B) Inclusions.--The term ``levee'' includes a
levee system, including--
(i) levees and canal structures that--
(I) constrain water flows;
(II) are subject to more frequent
water loading; and
(III) do not constitute a barrier
across a watercourse; and
(ii) roadway and railroad embankments, but
only to the extent that the embankments are
integral to the performance of a flood damage
reduction system.
(C) Exclusions.--The term ``levee'' does not
include--
(i) a roadway or railroad embankment that
is not integral to the performance of a flood
damage reduction system;
(ii) a canal constructed completely within
natural ground without any manmade structure
(such as an embankment or retaining wall to
retain water or a case in which water is
retained only by natural ground);
(iii) a canal regulated by a Federal or
State agency in a manner that ensures that
applicable Federal safety criteria are met;
(iv) a levee or canal structure--
(I) that is not a part of a Federal
flood damage reduction system;
(II) that is not recognized under
the National Flood Insurance Program as
providing protection from the 1-
percent-annual-chance or greater flood;
(III) that is not greater than 3
feet high;
(IV) the population in the leveed
area of which is less than 50
individuals; and
(V) the leveed area of which is
less than 1,000 acres; or
(v) any shoreline protection or river bank
protection system (such as revetments or
barrier islands).
(9) Levee feature.--The term ``levee feature'' means a
structure that is critical to the functioning of a levee,
including--
(A) an embankment section;
(B) a floodwall section;
(C) a closure structure;
(D) a pumping station;
(E) an interior drainage work; and
(F) a flood damage reduction channel.
(10) Levee safety guidelines.--The term ``levee safety
guidelines'' means the guidelines established by the Secretary
under section 6004(c)(1).
(11) Levee segment.--The term ``levee segment'' means a
discrete portion of a levee system that is owned, operated, and
maintained by a single entity or discrete set of entities.
(12) Levee system.--The term ``levee system'' means 1 or
more levee segments, including all levee features that are
interconnected and necessary to ensure protection of the
associated leveed areas--
(A) that collectively provide flood damage
reduction to a defined area; and
(B) the failure of 1 of which may result in the
failure of the entire system.
(13) Leveed area.--The term ``leveed area'' means the land
from which flood water in the adjacent watercourse is excluded
by the levee system.
(14) National levee database.--The term ``national levee
database'' means the levee database established under section
9004 of the Water Resources Development Act of 2007 (33 U.S.C.
3303).
(15) Participating program.--The term ``participating
program'' means a levee safety program developed by a State or
Indian tribe that includes the minimum components necessary for
recognition by the Secretary.
(16) Rehabilitation.--The term ``rehabilitation'' means the
repair, replacement, reconstruction, removal of a levee, or
reconfiguration of a levee system, including a setback levee,
that is carried out to reduce flood risk or meet national levee
safety guidelines.
(17) Risk.--The term ``risk'' means a measure of the
probability and severity of undesirable consequences.
(18) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(19) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM.
(a) Establishment.--The Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency, shall
establish a national levee safety program to provide national
leadership and consistent approaches to levee safety, including--
(1) a national levee database;
(2) an inventory and inspection of Federal and non-Federal
levees;
(3) national levee safety guidelines;
(4) a hazard potential classification system for Federal
and non-Federal levees;
(5) research and development;
(6) a national public education and awareness program, with
an emphasis on communication regarding the residual risk to
communities protected by levees and levee systems;
(7) coordination of levee safety, floodplain management,
and environmental protection activities;
(8) development of State and tribal levee safety programs;
and
(9) the provision of technical assistance and materials to
States and Indian tribes relating to--
(A) developing levee safety programs;
(B) identifying and reducing flood risks associated
with residual risk to communities protected by levees
and levee systems;
(C) identifying local actions that may be carried
out to reduce flood risks in leveed areas; and
(D) rehabilitating, improving, replacing,
reconfiguring, modifying, and removing levees and levee
systems.
(b) Management.--
(1) In general.--The Secretary shall appoint--
(A) an administrator of the national levee safety
program; and
(B) such staff as is necessary to implement the
program.
(2) Administrator.--The sole duty of the administrator
appointed under paragraph (1)(A) shall be the management of the
national levee safety program.
(c) Levee Safety Guidelines.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency and in
coordination with State and local governments and organizations
with expertise in levee safety, shall establish a set of
voluntary, comprehensive, national levee safety guidelines
that--
(A) are available for common, uniform use by all
Federal, State, tribal, and local agencies;
(B) incorporate policies, procedures, standards,
and criteria for a range of levee types, canal
structures, and related facilities and features; and
(C) provide for adaptation to local, regional, or
watershed conditions.
(2) Requirement.--The policies, procedures, standards, and
criteria under paragraph (1)(B) shall be developed taking into
consideration the levee hazard potential classification system
established under subsection (d).
(3) Adoption by federal agencies.--All Federal agencies
shall consider the levee safety guidelines in activities
relating to the management of levees.
(4) Public comment.--Prior to finalizing the guidelines
under this subsection, the Secretary shall--
(A) issue draft guidelines for public comment; and
(B) consider any comments received in the
development of final guidelines.
(d) Hazard Potential Classification System.--
(1) Establishment.--The Secretary shall establish a hazard
potential classification system for use under the national
levee safety program and participating programs.
(2) Revision.--The Secretary shall review and, as
necessary, revise the hazard potential classification system
not less frequently than once every 5 years.
(3) Consistency.--The hazard potential classification
system established pursuant to this subsection shall be
consistent with and incorporated into the levee safety action
classification tool developed by the Corps of Engineers.
(e) Technical Assistance and Materials.--
(1) Establishment.--The Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency and in
coordination with the Board, shall establish a national levee
safety technical assistance and training program to develop and
deliver technical support and technical assistance materials,
curricula, and training in order to promote levee safety and
assist States, communities, and levee owners in--
(A) developing levee safety programs;
(B) identifying and reducing flood risks associated
with levees;
(C) identifying local actions that may be carried
out to reduce flood risks in leveed areas; and
(D) rehabilitating, improving, replacing,
reconfiguring, modifying, and removing levees and levee
systems.
(2) Use of services.--In establishing the national levee
safety training program under paragraph (1), the Secretary may
use the services of--
(A) the Corps of Engineers;
(B) the Federal Emergency Management Agency;
(C) the Bureau of Reclamation; and
(D) other appropriate Federal agencies, as
determined by the Secretary.
(f) Comprehensive National Public Education and Awareness
Campaign.--
(1) Establishment.--The Secretary, in coordination with the
Administrator of the Federal Emergency Management Agency and
the Board, shall establish a national public education and
awareness campaign relating to the national levee safety
program.
(2) Purposes.--The purposes of the campaign under paragraph
(1) are--
(A) to educate individuals living in leveed areas
regarding the risks of living in those areas;
(B) to promote consistency in the transmission of
information regarding levees among government agencies;
and
(C) to provide national leadership regarding risk
communication for implementation at the State and local
levels.
(g) Coordination of Levee Safety, Floodplain Management, and
Environmental Concerns.--The Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency and in
coordination with the Board, shall evaluate opportunities to
coordinate--
(1) public safety, floodplain management, and environmental
protection activities relating to levees; and
(2) environmental permitting processes for operation and
maintenance activities at existing levee projects in compliance
with all applicable laws.
(h) Levee Inspection.--
(1) In general.--The Secretary shall carry out a one-time
inventory and inspection of all levees identified in the
national levee database.
(2) No federal interest.--The inventory and inspection
under paragraph (1) does not create a Federal interest in the
construction, operation, or maintenance any levee that is
included in the inventory or inspected under this subsection.
(3) Inspection criteria.--In carrying out the inventory and
inspection, the Secretary shall use the levee safety action
classification criteria to determine whether a levee should be
classified in the inventory as requiring a more comprehensive
inspection.
(4) State and tribal participation.--At the request of a
State or Indian tribe with respect to any levee subject to
inspection under this subsection, the Secretary shall--
(A) allow an official of the State or Indian tribe
to participate in the inspection of the levee; and
(B) provide information to the State or Indian
tribe relating to the location, construction,
operation, or maintenance of the levee.
(5) Exceptions.--In carrying out the inventory and
inspection under this subsection, the Secretary shall not be
required to inspect any levee that has been inspected by a
State or Indian tribe using the same methodology described in
paragraph (3) during the 1-year period immediately preceding
the date of enactment of this Act if the Governor of the State
or tribal government, as applicable, requests an exemption from
the inspection.
(i) State and Tribal Levee Safety Program.--
(1) Guidelines.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, in consultation with the
Administrator of the Federal Emergency Management
Agency and in coordination with the Board, the
Secretary shall issue guidelines that establish the
minimum components necessary for recognition of a State
or tribal levee safety program as a participating
program.
(B) Guideline contents.--The guidelines under
subparagraph (A) shall include provisions and
procedures requiring each participating State and
Indian tribe to certify to the Secretary that the State
or Indian tribe, as applicable--
(i) has the authority to participate in the
national levee safety program;
(ii) can receive funds under this title;
(iii) has adopted any national levee safety
guidelines developed under this title;
(iv) will carry out levee inspections;
(v) will carry out, consistent with
applicable requirements, flood risk management
and any emergency action planning procedures
the Secretary determines to be necessary
relating to levees;
(vi) will carry out public education and
awareness activities consistent with the
national public education and awareness
campaign established under subsection (f); and
(vii) will collect and share information
regarding the location and condition of levees.
(C) Public comment.--Prior to finalizing the
guidelines under this paragraph, the Secretary shall--
(i) issue draft guidelines for public
comment; and
(ii) consider any comments received in the
development of final guidelines.
(2) Grant program.--
(A) Establishment.--The Secretary shall establish a
program under which the Secretary shall provide grants
to assist States and Indian tribes in establishing
participating programs, conducting levee inventories,
and carrying out this title.
(B) Requirements.--To be eligible to receive grants
under this section, a State or Indian tribe shall--
(i) meet the requirements of a
participating program established by the
guidelines issued under paragraph (1);
(ii) use not less than 25 percent of any
amounts received to identify and assess non-
Federal levees within the State or on land of
the Indian tribe;
(iii) submit to the Secretary any
information collected by the State or Indian
tribe in carrying out this subsection for
inclusion in the national levee safety
database; and
(iv) identify actions to address hazard
mitigation activities associated with levees
and leveed areas identified in the hazard
mitigation plan of the State approved by the
Administrator of the Federal Emergency
Management Agency under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
(C) Measures to assess effectiveness.--Not later
than 1 year after the enactment of this Act, the
Secretary shall implement quantifiable performance
measures and metrics to assess the effectiveness of the
grant program established in accordance with
subparagraph (A).
(j) Levee Rehabilitation Assistance Program.--
(1) Establishment.--The Secretary, in consultation with the
Administrator of the Federal Emergency Management Agency, shall
establish a program under which the Secretary shall provide
assistance to States, Indian tribes, and local governments in
addressing flood mitigation activities that result in an
overall reduction in flood risk.
(2) Requirements.--To be eligible to receive assistance
under this subsection, a State, Indian tribe, or local
government shall--
(A) participate in, and comply with, all applicable
Federal floodplain management and flood insurance
programs;
(B) have in place a hazard mitigation plan that--
(i) includes all levee risks; and
(ii) complies with the Disaster Mitigation
Act of 2000 (Public Law 106-390; 114 Stat.
1552);
(C) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require; and
(D) comply with such minimum eligibility
requirements as the Secretary, in consultation with the
Board, may establish to ensure that each owner and
operator of a levee under a participating State or
tribal levee safety program--
(i) acts in accordance with the guidelines
developed in subsection (c); and
(ii) carries out activities relating to the
public in the leveed area in accordance with
the hazard mitigation plan described in
subparagraph (B).
(3) Floodplain management plans.--
(A) In general.--Not later than 1 year after the
date of execution of a project agreement for assistance
under this subsection, a State, Indian tribe, or local
government shall prepare a floodplain management plan
in accordance with the guidelines under subparagraph
(D) to reduce the impacts of future flood events in
each applicable leveed area.
(B) Inclusions.--A plan under subparagraph (A)
shall address potential measures, practices, and
policies to reduce loss of life, injuries, damage to
property and facilities, public expenditures, and other
adverse impacts of flooding in each applicable leveed
area.
(C) Implementation.--Not later than 1 year after
the date of completion of construction of the
applicable project, a floodplain management plan
prepared under subparagraph (A) shall be implemented.
(D) Guidelines.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in
consultation with the Administrator of the Federal
Emergency Management Agency, shall develop such
guidelines for the preparation of floodplain management
plans prepared under this paragraph as the Secretary
determines to be appropriate.
(E) Technical support.--The Secretary may provide
technical support for the development and
implementation of floodplain management plans prepared
under this paragraph.
(4) Use of funds.--
(A) In general.--Assistance provided under this
subsection may be used--
(i) for any rehabilitation activity to
maximize overall risk reduction associated with
a levee under a participating State or tribal
levee safety program; and
(ii) only for a levee that is not federally
operated and maintained.
(B) Prohibition.--Assistance provided under this
subsection shall not be used--
(i) to perform routine operation or
maintenance for a levee; or
(ii) to make any modification to a levee
that does not result in an improvement to
public safety.
(5) No proprietary interest.--A contract for assistance
provided under this subsection shall not be considered to
confer any proprietary interest on the United States.
(6) Cost-share.--The maximum Federal share of the cost of
any assistance provided under this subsection shall be 65
percent.
(7) Project limit.--The maximum amount of Federal
assistance for a project under this subsection shall be
$10,000,000.
(8) Other laws.--Assistance provided under this subsection
shall be subject to all applicable laws (including regulations)
that apply to the construction of a civil works project of the
Corps of Engineers.
(k) Effect of Section.--Nothing in this section--
(1) affects the requirement under section 100226(b)(2) of
the Biggert-Waters Flood Insurance Reform Act of 2012 (42
U.S.C. 4101 note; 126 Stat. 942); or
(2) confers any regulatory authority on--
(A) the Secretary; or
(B) the Director of the Federal Emergency
Management Agency, including for the purpose of setting
premium rates under the national flood insurance
program established under chapter 1 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY BOARD.
(a) Establishment.--The Secretary, in coordination with the
Administrator of the Federal Emergency Management Agency, shall
establish a board, to be known as the ``National Levee Safety Advisory
Board''--
(1) to advise the Secretary and Congress regarding
consistent approaches to levee safety;
(2) to monitor the safety of levees in the United States;
(3) to assess the effectiveness of the national levee
safety program; and
(4) to ensure that the national levee safety program is
carried out in a manner that is consistent with other Federal
flood risk management efforts.
(b) Membership.--
(1) Voting members.--The Board shall be composed of the
following 14 voting members, each of whom shall be appointed by
the Secretary, with priority consideration given to
representatives from those States that have the most Corps of
Engineers levees in the State, based on mileage:
(A) 8 representatives of State levee safety
programs, 1 from each of the civil works divisions of
the Corps of Engineers.
(B) 2 representatives of the private sector who
have expertise in levee safety.
(C) 2 representatives of local and regional
governmental agencies who have expertise in levee
safety.
(D) 2 representatives of Indian tribes who have
expertise in levee safety.
(2) Nonvoting members.--The Secretary (or a designee of the
Secretary), the Administrator of the Federal Emergency
Management Agency (or a designee of the Administrator), and the
administrator of the national levee safety program appointed
under section 6004(b)(1)(A) shall serve as nonvoting members of
the Board.
(3) Chairperson.--The voting members of the Board shall
appoint a chairperson from among the voting members of the
Board, to serve a term of not more than 2 years.
(c) Qualifications.--
(1) Individuals.--Each voting member of the Board shall be
knowledgeable in the field of levee safety, including water
resources and flood risk management.
(2) As a whole.--The membership of the Board, considered as
a whole, shall represent the diversity of skills required to
advise the Secretary regarding levee issues relating to--
(A) engineering;
(B) public communications;
(C) program development and oversight;
(D) with respect to levees, flood risk management
and hazard mitigation; and
(E) public safety and the environment.
(d) Terms of Service.--
(1) In general.--A voting member of the Board shall be
appointed for a term of 3 years, except that, of the members
first appointed--
(A) 5 shall be appointed for a term of 1 year;
(B) 5 shall be appointed for a term of 2 years; and
(C) 4 shall be appointed for a term of 3 years.
(2) Reappointment.--A voting member of the Board may be
reappointed to the Board, as the Secretary determines to be
appropriate.
(3) Vacancies.--A vacancy on the Board shall be filled in
the same manner as the original appointment was made.
(e) Standing Committees.--
(1) In general.--The Board shall be supported by Standing
Committees, which shall be comprised of volunteers from all
levels of government and the private sector, to advise the
Board regarding the national levee safety program.
(2) Establishment.--The Standing Committees of the Board
shall include--
(A) the Standing Committee on Participating
Programs, which shall advise the Board regarding--
(i) the development and implementation of
State and tribal levee safety programs; and
(ii) appropriate incentives (including
financial assistance) to be provided to States,
Indian tribes, and local and regional entities;
(B) the Standing Committee on Technical Issues,
which shall advise the Board regarding--
(i) the management of the national levee
database;
(ii) the development and maintenance of
levee safety guidelines;
(iii) processes and materials for
developing levee-related technical assistance
and training; and
(iv) research and development activities
relating to levee safety;
(C) the Standing Committee on Public Education and
Awareness, which shall advise the Board regarding the
development, implementation, and evaluation of targeted
public outreach programs--
(i) to gather public input;
(ii) to educate and raise awareness in
leveed areas of levee risks;
(iii) to communicate information regarding
participating programs; and
(iv) to track the effectiveness of public
education efforts relating to levee risks;
(D) the Standing Committee on Safety and
Environment, which shall advise the Board regarding--
(i) operation and maintenance activities
for existing levee projects;
(ii) opportunities to coordinate public
safety, floodplain management, and
environmental protection activities relating to
levees;
(iii) opportunities to coordinate
environmental permitting processes for
operation and maintenance activities at
existing levee projects in compliance with all
applicable laws; and
(iv) opportunities for collaboration by
environmental protection and public safety
interests in leveed areas and adjacent areas;
and
(E) such other standing committees as the
Secretary, in consultation with the Board, determines
to be necessary.
(3) Membership.--
(A) In general.--The Board shall recommend to the
Secretary for approval individuals for membership on
the Standing Committees.
(B) Qualifications.--
(i) Individuals.--Each member of a Standing
Committee shall be knowledgeable in the issue
areas for which the Committee is charged with
advising the Board.
(ii) As a whole.--The membership of each
Standing Committee, considered as a whole,
shall represent, to the maximum extent
practicable, broad geographical diversity.
(C) Limitation.--Each Standing Committee shall be
comprised of not more than 10 members.
(f) Duties and Powers.--The Board--
(1) shall submit to the Secretary and Congress an annual
report regarding the effectiveness of the national levee safety
program in accordance with section 6007; and
(2) may secure from other Federal agencies such services,
and enter into such contracts, as the Board determines to be
necessary to carry out this subsection.
(g) Task Force Coordination.--The Board shall, to the maximum
extent practicable, coordinate the activities of the Board with the
Federal Interagency Floodplain Management Task Force.
(h) Compensation.--
(1) Federal employees.--Each member of the Board who is an
officer or employee of the United States shall serve without
compensation in addition to compensation received for the
services of the member as an officer or employee of the United
States, but shall be allowed a per diem allowance for travel
expenses, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Board.
(2) Non-federal employees.--To the extent amounts are made
available to carry out this section in appropriations Acts, the
Secretary shall provide to each member of the Board who is not
an officer or employee of the United States a stipend and a per
diem allowance for travel expenses, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in performance of services for
the Board.
(3) Standing committee members.--Each member of a Standing
Committee shall--
(A) serve in a voluntary capacity; but
(B) receive a per diem allowance for travel
expenses, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or regular
place of business of the member in performance of
services for the Board.
(i) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Board or the Standing
Committees.
SEC. 6006. INVENTORY AND INSPECTION OF LEVEES.
Section 9004(a)(2)(A) of the Water Resources Development Act of
2007 (33 U.S.C. 3303(a)(2)(A)) is amended by striking ``and, for non-
Federal levees, such information on levee location as is provided to
the Secretary by State and local governmental agencies'' and inserting
``and updated levee information provided by States, Indian tribes,
Federal agencies, and other entities''.
SEC. 6007. REPORTS.
(a) State of Levees.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the Secretary
in coordination with the Board, shall submit to Congress a
report describing the state of levees in the United States and
the effectiveness of the national levee safety program,
including--
(A) progress achieved in implementing the national
levee safety program;
(B) State and tribal participation in the national
levee safety program;
(C) recommendations to improve coordination of
levee safety, floodplain management, and environmental
protection concerns, including--
(i) identifying and evaluating
opportunities to coordinate public safety,
floodplain management, and environmental
protection activities relating to levees; and
(ii) evaluating opportunities to coordinate
environmental permitting processes for
operation and maintenance activities at
existing levee projects in compliance with all
applicable laws; and
(D) any recommendations for legislation and other
congressional actions necessary to ensure national
levee safety.
(2) Inclusion.--Each report under paragraph (1) shall
include a report of the Board that describes the independent
recommendations of the Board for the implementation of the
national levee safety program.
(b) National Dam and Levee Safety Program.--Not later than 3 years
after the date of enactment of this Act, to the maximum extent
practicable, the Secretary, in coordination with the Board, shall
submit to Congress a report that includes recommendations regarding the
advisability and feasibility of, and potential approaches for,
establishing a joint national dam and levee safety program.
(c) Alignment of Federal Programs Relating to Levees.--Not later
than 2 years after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on opportunities for
alignment of Federal programs to provide incentives to State, tribal,
and local governments and individuals and entities--
(1) to promote shared responsibility for levee safety;
(2) to encourage the development of strong State and tribal
levee safety programs;
(3) to better align the national levee safety program with
other Federal flood risk management programs; and
(4) to promote increased levee safety through other Federal
programs providing assistance to State and local governments.
(d) Liability for Certain Levee Engineering Projects.--Not later
than 1 year after the date of enactment of this Act, the Secretary
shall submit to Congress a report that includes recommendations that
identify and address any legal liability associated with levee
engineering projects that prevent--
(1) levee owners from obtaining needed levee engineering
services; or
(2) development and implementation of a State or tribal
levee safety program.
SEC. 6008. EFFECT OF TITLE.
Nothing in this title--
(1) establishes any liability of the United States or any
officer or employee of the United States (including the Board
and the Standing Committees of the Board) for any damages
caused by any action or failure to act; or
(2) relieves an owner or operator of a levee of any legal
duty, obligation, or liability incident to the ownership or
operation of the levee.
SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this title--
(1) for funding the administration and staff of the
national levee safety program, the Board, the Standing
Committees of the Board, and participating programs, $5,000,000
for each of fiscal years 2014 through 2023;
(2) for technical programs, including the development of
levee safety guidelines, publications, training, and technical
assistance--
(A) $5,000,000 for each of fiscal years 2014
through 2018;
(B) $7,500,000 for each of fiscal years 2019 and
2020; and
(C) $10,000,000 for each of fiscal years 2021
through 2023;
(3) for public involvement and education programs,
$3,000,000 for each of fiscal years 2014 through 2023;
(4) to carry out the levee inventory and inspections under
section 9004 of the Water Resources Development Act of 2007 (33
U.S.C. 3303), $30,000,000 for each of fiscal years 2014 through
2018;
(5) for grants to State and tribal levee safety programs,
$300,000,000 for fiscal years 2014 through 2023; and
(6) for levee rehabilitation assistance grants,
$300,000,000 for fiscal years 2014 through 2023.
TITLE VII--INLAND WATERWAYS
SEC. 7001. PURPOSES.
The purposes of this title are--
(1) to improve program and project management relating to
the construction and major rehabilitation of navigation
projects on inland waterways;
(2) to optimize inland waterways navigation system
reliability;
(3) to minimize the size and scope of inland waterways
navigation project completion schedules;
(4) to eliminate preventable delays in inland waterways
navigation project completion schedules; and
(5) to make inland waterways navigation capital investments
through the use of prioritization criteria that seek to
maximize systemwide benefits and minimize overall system risk.
SEC. 7002. DEFINITIONS.
In this title:
(1) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506(a) of the Internal Revenue Code of
1986.
(2) Qualifying project.--The term ``qualifying project''
means any construction or major rehabilitation project for
navigation infrastructure of the inland and intracoastal
waterways that is--
(A) authorized before, on, or after the date of
enactment of this Act;
(B) not completed on the date of enactment of this
Act; and
(C) funded at least in part from the Inland
Waterways Trust Fund.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
SEC. 7003. PROJECT DELIVERY PROCESS REFORMS.
(a) Requirements for Qualifying Projects.--With respect to each
qualifying project, the Secretary shall require--
(1) formal project management training and certification
for each project manager;
(2) assignment as project manager only of personnel fully
certified by the Chief of Engineers; and
(3) for an applicable cost estimation, that--
(A) the estimation--
(i) is risk-based; and
(ii) has a confidence level of at least 80
percent; and
(B) a risk-based cost estimate shall be
implemented--
(i) for a qualified project that requires
an increase in the authorized amount in
accordance with section 902 of the Water
Resources Development Act of 1986 (Public Law
99-662; 100 Stat. 4183), during the preparation
of a post-authorization change report or other
similar decision document;
(ii) for a qualified project for which the
first construction contract has not been
awarded, prior to the award of the first
construction contract;
(iii) for a qualified project without a
completed Chief of Engineers report, prior to
the completion of such a report; and
(iv) for a qualified project with a
completed Chief of Engineers report that has
not yet been authorized, during design for the
qualified project.
(b) Additional Project Delivery Process Reforms.--Not later than 18
months after the date of enactment of this Act, the Secretary shall--
(1) establish a system to identify and apply on a
continuing basis lessons learned from prior or ongoing
qualifying projects to improve the likelihood of on-time and
on-budget completion of qualifying projects;
(2) evaluate early contractor involvement acquisition
procedures to improve on-time and on-budget project delivery
performance; and
(3) implement any additional measures that the Secretary
determines will achieve the purposes of this title and the
amendments made by this title, including, as the Secretary
determines to be appropriate--
(A) the implementation of applicable practices and
procedures developed pursuant to management by the
Secretary of an applicable military construction
program;
(B) the establishment of 1 or more centers of
expertise for the design and review of qualifying
projects;
(C) the development and use of a portfolio of
standard designs for inland navigation locks;
(D) the use of full-funding contracts or
formulation of a revised continuing contracts clause;
and
(E) the establishment of procedures for
recommending new project construction starts using a
capital projects business model.
(c) Pilot Projects.--
(1) In general.--Subject to paragraph (2), the Secretary
may carry out 1 or more pilot projects to evaluate processes or
procedures for the study, design, or construction of qualifying
projects.
(2) Inclusions.--At a minimum, the Secretary shall carry
out pilot projects under this subsection to evaluate--
(A) early contractor involvement in the development
of features and components;
(B) an appropriate use of continuing contracts for
the construction of features and components; and
(C) applicable principles, procedures, and
processes used for military construction projects.
(d) Inland Waterways User Board.--Section 302 of the Water
Resources Development Act of 1986 (33 U.S.C. 2251) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Duties of Users Board.--
``(1) In general.--The Users Board shall meet not less
frequently than semiannually to develop and make
recommendations to the Secretary and Congress regarding the
inland waterways and inland harbors of the United States.
``(2) Advice and recommendations.--For commercial
navigation features and components of the inland waterways and
inland harbors of the United States, the Users Board shall
provide--
``(A) prior to the development of the budget
proposal of the President for a given fiscal year,
advice and recommendations to the Secretary regarding
construction and rehabilitation priorities and spending
levels;
``(B) advice and recommendations to Congress
regarding any report of the Chief of Engineers relating
to those features and components;
``(C) advice and recommendations to Congress
regarding an increase in the authorized cost of those
features and components;
``(D) not later than 60 days after the date of the
submission of the budget proposal of the President to
Congress, advice and recommendations to Congress
regarding construction and rehabilitation priorities
and spending levels; and
``(E) a long-term capital investment program in
accordance with subsection (d).
``(3) Project development teams.--The chairperson of the
Users Board shall appoint a representative of the Users Board
to serve on the project development team for a qualifying
project or the study or design of a commercial navigation
feature or component of the inland waterways and inland harbors
of the United States.
``(4) Independent judgment.--Any advice or recommendation
made by the Users Board to the Secretary shall reflect the
independent judgment of the Users Board.'';
(2) by redesignating subsection (c) as subsection (f); and
(3) by inserting after subsection (b) the following:
``(c) Duties of Secretary.--The Secretary shall--
``(1) communicate not less than once each quarter to the
Users Board the status of the study, design, or construction of
all commercial navigation features or components of the inland
waterways or inland harbors of the United States; and
``(2) submit to the Users Board a courtesy copy of all
reports of the Chief of Engineers relating to a commercial
navigation feature or component of the inland waterways or
inland harbors of the United States.
``(d) Capital Investment Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination
with the Users Board, shall develop, and submit to Congress a
report describing, a 20-year program for making capital
investments on the inland and intracoastal waterways, based on
the application of objective, national project selection
prioritization criteria.
``(2) Consideration.--In developing the program under
paragraph (1), the Secretary shall take into consideration the
20-year capital investment strategy contained in the Inland
Marine Transportation System (IMTS) Capital Projects Business
Model, Final Report published on April 13, 2010, as approved by
the Users Board.
``(3) Criteria.--In developing the plan and prioritization
criteria under paragraph (1), the Secretary shall ensure, to
the maximum extent practicable, that investments made under the
20-year program described in paragraph (1)--
``(A) are made in all geographical areas of the
inland waterways system; and
``(B) ensure efficient funding of inland waterways
projects.
``(4) Strategic review and update.--Not later than 5 years
after the date of enactment of this subsection, and not less
frequently than once every 5 years thereafter, the Secretary,
in conjunction with the Users Board, shall--
``(A) submit to Congress a strategic review of the
20-year program in effect under this subsection, which
shall identify and explain any changes to the project-
specific recommendations contained in the previous 20-
year program (including any changes to the
prioritization criteria used to develop the updated
recommendations); and
``(B) make such revisions to the program as the
Secretary and Users Board jointly consider to be
appropriate.
``(e) Project Management Plans.--The chairperson of the Users Board
and the project development team member appointed by the chairperson
under subsection (b)(3) shall sign the project management plan for the
qualifying project or the study or design of a commercial navigation
feature or component of the inland waterways and inland harbors of the
United States.''.
SEC. 7004. MAJOR REHABILITATION STANDARDS.
Section 205(1)(E)(ii) of the Water Resources Development Act of
1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking ``$8,000,000''
and inserting ``$20,000,000''.
SEC. 7005. INLAND WATERWAYS SYSTEM REVENUES.
(a) Findings.--Congress finds that--
(1) there are approximately 12,000 miles of Federal
waterways, known as the inland waterways system, that are
supported by user fees and managed by the Corps of Engineers;
(2) the inland waterways system spans 38 States and handles
approximately one-half of all inland waterway freight;
(3) according to the final report of the Inland Marine
Transportation System Capital Projects Business Model, freight
traffic on the Federal fuel-taxed inland waterways system
accounts for 546,000,000 tons of freight each year;
(4) expenditures for construction and major rehabilitation
projects on the inland waterways system are equally cost-shared
between the Federal Government and the Inland Waterways Trust
Fund;
(5) the Inland Waterways Trust Fund is financed through a
fee of $0.20 per gallon on fuel used by commercial barges;
(6) the balance of the Inland Waterways Trust Fund has
declined significantly in recent years;
(7) according to the final report of the Inland Marine
Transportation System Capital Projects Business Model, the
estimated financial need for construction and major
rehabilitation projects on the inland waterways system for
fiscal years 2011 through 2030 is approximately
$18,000,000,000; and
(8) users of the inland waterways system are supportive of
an increase in the existing revenue sources for inland
waterways system construction and major rehabilitation
activities to expedite the most critical of those construction
and major rehabilitation projects.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the existing revenue sources for inland waterways
system construction and rehabilitation activities are
insufficient to cover the costs of non-Federal interests of
construction and major rehabilitation projects on the inland
waterways system; and
(2) the issue described in paragraph (1) should be
addressed.
SEC. 7006. EFFICIENCY OF REVENUE COLLECTION.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General shall prepare a report on the efficiency of
collecting the fuel tax for the Inland Waterways Trust Fund, which
shall include--
(1) an evaluation of whether current methods of collection
of the fuel tax result in full compliance with requirements of
the law;
(2) whether alternative methods of collection would result
in increased revenues into the Inland Waterways Trust Fund; and
(3) an evaluation of alternative collection options.
SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, ILLINOIS
AND KENTUCKY.
As soon as practicable after the date of enactment of this Act, the
Comptroller General of the United States shall conduct, and submit to
Congress a report describing the results of, a study to determine why,
and to what extent, the project for navigation, Lower Ohio River, Locks
and Dams 52 and 53, Illinois and Kentucky (commonly known as the
``Olmsted Locks and Dam project''), authorized by section 3(a)(6) of
the Water Resources Development Act of 1988 (102 Stat. 4013), has
exceeded the budget for the project and the reasons why the project
failed to be completed as scheduled, including an assessment of--
(1) engineering methods used for the project;
(2) the management of the project;
(3) contracting for the project;
(4) the cost to the United States of benefits foregone due
to project delays; and
(5) such other contributory factors as the Comptroller
General determines to be appropriate.
SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, ILLINOIS AND
KENTUCKY.
Section 3(a)(6) of the Water Resources Development Act of 1988 (102
Stat. 4013) is amended by striking ``and with the costs of
construction'' and all that follows through the period at the end and
inserting ``which amounts remaining after the date of enactment of this
Act shall be appropriated from the general fund of the Treasury.''.
TITLE VIII--HARBOR MAINTENANCE
SEC. 8001. SHORT TITLE.
This title may be cited as the ``Harbor Maintenance Trust Fund Act
of 2013''.
SEC. 8002. PURPOSES.
The purposes of this title are--
(1) to ensure that revenues collected into the Harbor
Maintenance Trust Fund are used for the intended purposes of
those revenues;
(2) to increase investment in the operation and maintenance
of United States ports, which are critical for the economic
competitiveness of the United States;
(3) to promote equity among ports nationwide;
(4) to ensure United States ports are prepared to meet
modern shipping needs, including the capability to receive
large ships that require deeper drafts; and
(5) to prevent cargo diversion from United States ports.
SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.
(a) Definitions.--In this section:
(1) Total budget resources.--The term ``total budget
resources'' means the total amount made available by
appropriations Acts from the Harbor Maintenance Trust Fund for
a fiscal year for making expenditures under section 9505(c) of
the Internal Revenue Code of 1986.
(2) Level of receipts plus interest.--The term ``level of
receipts plus interest'' means the level of taxes and interest
credited to the Harbor Maintenance Trust Fund under section
9505 of the Internal Revenue Code of 1986 for a fiscal year as
set forth in the President's budget baseline projection, as
determined under section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 907) for that
fiscal year submitted pursuant to section 1105 of title 31,
United States Code.
(b) Minimum Resources.--
(1) Minimum resources.--
(A) In general.--The total budget resources made
available to the Secretary from the Harbor Maintenance
Trust Fund shall be not less than the lesser of--
(i)(I) for fiscal year 2014,
$1,000,000,000;
(II) for fiscal year 2015, $1,100,000,000;
(III) for fiscal year 2016, $1,200,000,000;
(IV) for fiscal year 2017, $1,300,000,000;
(V) for fiscal year 2018, $1,400,000,000;
and
(VI) for fiscal year 2019, $1,500,000,000;
and
(ii) the level of receipts plus interest
credited to the Harbor Maintenance Trust Fund
for that fiscal year.
(B) Fiscal year 2020 and subsequent fiscal years.--
For fiscal year 2020 and each fiscal year thereafter,
the total budget resources made available to the
Secretary from the Harbor Maintenance Trust Fund shall
be not less than the level of receipts plus interest
credited to the Harbor Maintenance Trust Fund for that
fiscal year.
(2) Use of amounts.--The amounts described in paragraph (1)
may be used only for harbor maintenance programs described in
section 9505(c) of the Internal Revenue Code of 1986.
(c) Impact on Other Funds.--
(1) In general.--Subject to paragraph (3), subsection
(b)(1) shall not apply if providing the minimum resources
required under that subsection would result in making the
amounts made available for the applicable fiscal year to carry
out all programs, projects, and activities of the civil works
program of the Corps of Engineers, other than the harbor
maintenance programs, to be less than the amounts made
available for those purposes in the previous fiscal year.
(2) Calculation of amounts.--For each fiscal year, the
amounts made available to carry out all programs, projects, and
activities of the civil works program of the Corps of Engineers
shall not include any amounts that are designated by Congress--
(A) as being for emergency requirements pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)); or
(B) as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)).
(3) Exceptions.--Paragraph (1) shall not apply if--
(A) amounts made available for the civil works
program of the Corps of Engineers for a fiscal year are
less than the amounts made available for the civil
works program in the previous fiscal year; and
(B) the reduction in amounts made available--
(i) applies to all discretionary funds and
programs of the Federal Government; and
(ii) is applied to the civil works program
in the same percentage and manner as other
discretionary funds and programs.
SEC. 8004. HARBOR MAINTENANCE TRUST FUND PRIORITIZATION.
(a) Policy.--It is the policy of the United States that the primary
use of the Harbor Maintenance Trust Fund is for maintaining the
constructed widths and depths of the commercial ports and harbors of
the United States, and those functions should be given first
consideration in the budgeting of Harbor Maintenance Trust Fund
allocations.
(b) In General.--Section 210 of the Water Resources Development Act
of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:
``(c) Prioritization.--
``(1) Definitions.--In this subsection:
``(A) Constructed width and depth.--The term
`constructed width and depth' means the depth to which
a project has been constructed, which shall not exceed
the authorized width and depth of the project.
``(B) Great lakes navigation system.--The term
`Great Lakes Navigation System' includes--
``(i)(I) Lake Superior;
``(II) Lake Huron;
``(III) Lake Michigan;
``(IV) Lake Erie; and
``(V) Lake Ontario;
``(ii) all connecting waters between the
lakes referred to in clause (i) used for
commercial navigation;
``(iii) any navigation features in the
lakes referred to in clause (i) or waters
described in clause (ii) that are a Federal
operation or maintenance responsibility; and
``(iv) areas of the Saint Lawrence River
that are operated or maintained by the Federal
Government for commercial navigation.
``(C) High-use deep draft.--
``(i) In general.--The term `high-use deep
draft' means a project that has a depth of
greater than 14 feet with not less than
10,000,000 tons of cargo annually.
``(ii) Exclusion.--The term `high-use deep
draft' does not include a project located in
the Great Lakes Navigation System.
``(D) Low-use port.--The term `low-use port' means
a port at which not more than 1,000,000 tons of cargo
are transported each calendar year.
``(E) Moderate-use port.--The term `moderate-use
port' means a port at which more than 1,000,000, but
fewer than 10,000,000, tons of cargo are transported
each calendar year.
``(2) Priority.--Of the amounts made available under this
section to carry out projects described in subsection (a)(2)
that are in excess of the amounts made available to carry out
those projects in fiscal year 2012, the Secretary of the Army,
acting through the Chief of Engineers, shall give priority to
those projects in the following order:
``(A)(i) In any fiscal year in which all projects
subject to the harbor maintenance fee under section
24.24 of title 19, Code of Federal Regulations (or a
successor regulation) are not maintained to their
constructed width and depth, the Secretary shall
prioritize amounts made available under this section
for those projects that are high-use deep draft and are
a priority for navigation in the Great Lakes Navigation
System.
``(ii) Of the amounts made available under clause
(i)--
``(I) 80 percent shall be used for projects
that are high-use deep draft; and
``(II) 20 percent shall be used for
projects that are a priority for navigation in
the Great Lakes Navigation System.
``(B) In any fiscal year in which all projects
identified as high-use deep draft are maintained to
their constructed width and depth, the Secretary
shall--
``(i) equally divide among each of the
districts of the Corps of Engineers in which
eligible projects are located 10 percent of
remaining amounts made available under this
section for moderate-use and low-use port
projects--
``(I) that have been maintained at
less than their constructed width and
depth due to insufficient federal
funding during the preceding 6 fiscal
years; and
``(II) for which significant State
and local investments in infrastructure
have been made at those projects during
the preceding 6 fiscal years; and
``(ii) prioritize any remaining amounts
made available under this section for those
projects that are not maintained to the minimum
width and depth necessary to provide sufficient
clearance for fully loaded commercial vessels
using those projects to maneuver safely.
``(3) Administration.--For purposes of this subsection,
State and local investments in infrastructure shall include
infrastructure investments made using amounts made available
for activities under section 105(a)(9) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).
``(4) Exceptions.--The Secretary may prioritize a project
not identified in paragraph (2) if the Secretary determines
that funding for the project is necessary to address--
``(A) hazardous navigation conditions; or
``(B) impacts of natural disasters, including
storms and droughts.
``(5) Reports to congress.--Not later than September 30,
2013, and annually thereafter, the Secretary shall submit to
Congress a report that describes, with respect to the preceding
fiscal year--
``(A) the amount of funds used to maintain high-use
deep draft projects and projects at moderate-use ports
and low-use ports to the constructed depth and width of
the projects;
``(B) the respective percentage of total funds
provided under this section used for high use deep
draft projects and projects at moderate-use ports and
low-use ports;
``(C) the remaining amount of funds made available
to carry out this section, if any; and
``(D) any additional amounts needed to maintain the
high-use deep draft projects and projects at moderate-
use ports and low-use ports to the constructed depth
and width of the projects.''.
(c) Operation and Maintenance.--Section 101(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)) is amended--
(1) in paragraph (1), by striking ``45 feet'' and inserting
``50 feet''; and
(2) by adding at the end the following:
``(3) Operation and maintenance activities defined.--
``(A) Scope of operation and maintenance
activities.--Notwithstanding any other provision of law
(including regulations and guidelines) and subject to
subparagraph (B), for purposes of this subsection,
operation and maintenance activities that are eligible
for the Federal cost share under paragraph (1) shall
include--
``(i) the dredging of berths in a harbor
that is accessible to a Federal channel, if the
Federal channel has been constructed to a depth
equal to the authorized depth of the channel;
and
``(ii) the dredging and disposal of legacy-
contaminated sediments and sediments unsuitable
for ocean disposal that--
``(I) are located in or affect the
maintenance of Federal navigation
channels; or
``(II) are located in berths that
are accessible to Federal channels.
``(B) Limitations.--
``(i) In general.--For each fiscal year,
subject to section 210(c)(2), subparagraph (A)
shall only apply--
``(I) to the amounts made available
under section 210 to carry out projects
described in subsection (a)(2) of that
section that are in excess of the
amounts made available to carry out
those projects in fiscal year 2012; and
``(II) if, in that fiscal year, all
projects identified as high-use deep
draft (as defined in section 210(c))
are maintained to their constructed
width and depth.
``(ii) State limitation.--For each fiscal
year, the operation and maintenance activities
described in subparagraph (A) may only be
carried out in a State--
``(I) in which the total amounts
collected pursuant to section 4461 of
the Internal Revenue Code of 1986
comprise not less than 2.5 percent
annually of the total funding of the
Harbor Maintenance Trust Fund
established under section 9505 of the
Internal Revenue Code of 1986; and
``(II) that received less than 50
percent of the total amounts collected
in that State pursuant to section 4461
of the Internal Revenue Code of 1986 in
the previous 3 fiscal years.
``(iii) Prioritization.--In allocating
amounts made available under this paragraph,
the Secretary shall give priority to projects
that have received the lowest amount of funding
from the Harbor Maintenance Trust Fund in
comparison to the amount of funding contributed
to the Harbor Maintenance Trust Fund in the
previous 3 fiscal years.
``(iv) Maximum amount.--The total amount
made available in each fiscal year to carry out
this paragraph shall not exceed the lesser of--
``(I) amount that is equal to 40
percent of the amounts made available
under section 210 to carry out projects
described in subsection (a)(2) of that
section that are in excess of the
amounts made available to carry out
those projects in fiscal year 2012; and
``(II) the amount that is equal to
20 percent of the amounts made
available under section 210 to carry
out projects described in subsection
(a)(2) of that section.
``(4) Donor ports and ports contributing to energy
production.--
``(A) Definitions.--In this paragraph:
``(i) Cargo container.--The term `cargo
container' means a cargo container that is 1
Twenty-foot Equivalent Unit.
``(ii) Eligible donor port.--The term,
`eligible donor port' means a port--
``(I) that is subject to the harbor
maintenance fee under section 24.24 of
title 19, Code of Federal Regulations
(or a successor regulation);
``(II)(aa) at which the total
amounts collected pursuant to section
4461 of the Internal Revenue Code of
1986 comprise not less than $15,000,000
annually of the total funding of the
Harbor Maintenance Trust Fund
established under section 9505 of the
Internal Revenue Code of 1986; and
``(bb) that received less than 25
percent of the total amounts collected
at that port pursuant to section 4461
of the Internal Revenue Code of 1986 in
the previous 5 fiscal years; and
``(III) that is located in a State
in which more than 2,000,000 cargo
containers were unloaded from or loaded
on to vessels in calendar year 2011.
``(iii) Eligible energy transfer port.--The
term `eligible energy transfer port' means a
port--
``(I) that is subject to the harbor
maintenance fee under section 24.24 of
title 19, Code of Federal Regulation
(or successor regulation); and
``(II)(aa) at which energy
commodities comprised greater than 25
percent of all commercial activity by
tonnage in calendar year 2011; and
``(bb) through which more
than 40 million tons of cargo
were transported in calendar
year 2011.
``(iv) Energy commodity.--The term `energy
commodity' includes--
``(I) petroleum products;
``(II) natural gas;
``(III) coal;
``(IV) wind and solar energy
components; and
``(V) biofuels.
``(B) Additional uses.--
``(i) In general.--Subject to
appropriations, the Secretary may provide to
eligible donor ports and eligible energy
transfer ports amounts in accordance with
clause (ii).
``(ii) Limitations.--The amounts described
in clause (i)--
``(I) made available for eligible
energy transfer ports shall be divided
equally among all States with an
eligible energy transfer port; and
``(II) shall be made available only
to a port as either an eligible donor
port or an eligible energy transfer
port.
``(C) Uses.--Amounts provided to an eligible port
under this paragraph may only be used by that port--
``(i) to provide payments to importers
entering cargo or shippers transporting cargo
through an eligible donor port or eligible
energy transfer port, as calculated by U.S.
Customs and Border Protection;
``(ii) to dredge berths in a harbor that is
accessible to a Federal channel;
``(iii) to dredge and dispose of legacy-
contaminated sediments and sediments unsuitable
for ocean disposal that--
``(I) are located in or affect the
maintenance of Federal navigation
channels; or
``(II) are located in berths that
are accessible to Federal channels; or
``(iv) for environmental remediation
related to dredging berths and Federal
navigation channels.
``(D) Administration of payments.--If an eligible
donor port or eligible energy transfer port elects to
provide payments to importers or shippers in accordance
with subparagraph (C)(i), the Secretary shall transfer
the amounts that would be provided to the port under
this paragraph to the Commissioner of U.S. Customs and
Border Protection to provide the payments to the
importers or shippers.
``(E) Authorization of appropriations.--
``(i) In general.--For fiscal years 2014
through 2024, if the total amounts made
available from the Harbor Maintenance Trust
Fund exceed the total amounts made available
from the Harbor Maintenance Trust Fund in
fiscal year 2012, there is authorized to be
appropriated from the Harbor Maintenance Trust
Fund to carry out this paragraph the sum
obtained by adding--
``(I) $50,000,000; and
``(II) the amount that is equal to
10 percent of the amounts made
available under section 210 to carry
out projects described in subsection
(a)(2) of that section that are in
excess of the amounts made available to
carry out those projects in fiscal year
2012.
``(ii) Division between eligible donor
ports and eligible energy transfer ports.--For
each fiscal year, amounts made available shall
be divided equally between eligible donor ports
and eligible energy transfer ports.''.
(d) Conforming Amendment.--Section 9505(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``as in effect on the date
of the enactment of the Water Resources Development Act of 1996'' and
inserting ``as in effect on the date of the enactment of the Harbor
Maintenance Trust Fund Act of 2013''.
SEC. 8005. HARBOR MAINTENANCE TRUST FUND STUDY.
(a) Definitions.--In this section:
(1) Low-use port.--The term ``low-use port'' means a port
at which not more than 1,000,000 tons of cargo are transported
each calendar year.
(2) Moderate-use port.--The term ``moderate-use port''
means a port at which more than 1,000,000, but fewer than
10,000,000, tons of cargo are transported each calendar year.
(b) Study.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General of the United States shall carry out
a study and submit to Congress a report that--
(1) evaluates the effectiveness of activities funded by the
Harbor Maintenance Trust Fund in maximizing economic growth and
job creation in the communities surrounding low- and moderate-
use ports; and
(2) includes recommendations relating to the use of amounts
in the Harbor Maintenance Trust Fund to increase the
competitiveness of United States ports relative to Canadian and
Mexican ports.
TITLE IX--DAM SAFETY
SEC. 9001. SHORT TITLE.
This title may be cited as the ``Dam Safety Act of 2013''.
SEC. 9002. PURPOSE.
The purpose of this title and the amendments made by this title is
to reduce the risks to life and property from dam failure in the United
States through the reauthorization of an effective national dam safety
program that brings together the expertise and resources of the Federal
Government and non-Federal interests in achieving national dam safety
hazard reduction.
SEC. 9003. ADMINISTRATOR.
(a) In General.--The National Dam Safety Program Act (33 U.S.C. 467
et seq.) is amended by striking ``Director'' each place it appears and
inserting ``Administrator''.
(b) Conforming Amendment.--Section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2)) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.''.
SEC. 9004. INSPECTION OF DAMS.
Section 3(b)(1) of the National Dam Safety Program Act (33 U.S.C.
467a(b)(1)) is amended by striking ``or maintenance'' and inserting
``maintenance, condition, or provisions for emergency operations''.
SEC. 9005. NATIONAL DAM SAFETY PROGRAM.
(a) Objectives.--Section 8(c) of the National Dam Safety Program
Act (33 U.S.C. 467f(c)) is amended by striking paragraph (4) and
inserting the following:
``(4) develop and implement a comprehensive dam safety
hazard education and public awareness program to assist the
public in preparing for, mitigating, responding to, and
recovering from dam incidents;''.
(b) Board.--Section 8(f)(4) of the National Dam Safety Program Act
(33 U.S.C. 467f(f)(4)) is amended by inserting ``, representatives from
nongovernmental organizations,'' after ``State agencies''.
SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is
amended--
(1) by redesignating sections 11, 12, and 13 as sections
12, 13, and 14, respectively; and
(2) by inserting after section 10 (33 U.S.C. 467g-1) the
following:
``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.
``The Administrator, in consultation with other Federal agencies,
State and local governments, dam owners, the emergency management
community, the private sector, nongovernmental organizations and
associations, institutions of higher education, and any other
appropriate entities shall carry out a nationwide public awareness and
outreach program to assist the public in preparing for, mitigating,
responding to, and recovering from dam incidents.''.
SEC. 9007. AUTHORIZATION OF APPROPRIATIONS.
(a) National Dam Safety Program.--
(1) Annual amounts.--Section 14(a)(1) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated)
is amended by striking ``$6,500,000'' and all that follows
through ``2011'' and inserting ``$9,200,000 for each of fiscal
years 2014 through 2018''.
(2) Maximum amount of allocation.--Section 14(a)(2)(B) of
the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B))
(as so redesignated) is amended--
(A) by striking ``The amount'' and inserting the
following:
``(i) In general.--The amount''; and
(B) by adding at the end the following:
``(ii) Fiscal year 2014 and subsequent
fiscal years.--For fiscal year 2014 and each
subsequent fiscal year, the amount of funds
allocated to a State under this paragraph may
not exceed the amount of funds committed by the
State to implement dam safety activities.''.
(b) National Dam Inventory.--Section 14(b) of the National Dam
Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) is amended
by striking ``$650,000'' and all that follows through ``2011'' and
inserting ``$500,000 for each of fiscal years 2014 through 2018''.
(c) Public Awareness.--Section 14 of the National Dam Safety
Program Act (33 U.S.C. 467j) (as so redesignated) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Public Awareness.--There is authorized to be appropriated to
carry out section 11 $1,000,000 for each of fiscal years 2014 through
2018.''.
(d) Research.--Section 14(d) of the National Dam Safety Program Act
(as so redesignated) is amended by striking ``$1,600,000'' and all that
follows through ``2011'' and inserting ``$1,450,000 for each of fiscal
years 2014 through 2018''.
(e) Dam Safety Training.--Section 14(e) of the National Dam Safety
Program Act (as so redesignated) is amended by striking ``$550,000''
and all that follows through ``2011'' and inserting ``$750,000 for each
of fiscal years 2014 through 2018''.
(f) Staff.--Section 14(f) of the National Dam Safety Program Act
(as so redesignated) is amended by striking ``$700,000'' and all that
follows through ``2011'' and inserting ``$1,000,000 for each of fiscal
years 2014 through 2018''.
TITLE X--INNOVATIVE FINANCING PILOT PROJECTS
SEC. 10001. SHORT TITLE.
This title may be cited as the ``Water Infrastructure Finance and
Innovation Act of 2013''.
SEC. 10002. PURPOSES.
The purpose of this title is to establish a pilot program to assess
the ability of innovative financing tools to--
(1) promote increased development of critical water
resources infrastructure by establishing additional
opportunities for financing water resources projects that
complement but do not replace or reduce existing Federal
infrastructure financing tools such as the State water
pollution control revolving loan funds established under title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) and the State drinking water treatment revolving loan
funds established under section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12);
(2) attract new investment capital to infrastructure
projects that are capable of generating revenue streams through
user fees or other dedicated funding sources;
(3) complement existing Federal funding sources and address
budgetary constraints on the Corps of Engineers civil works
program and existing wastewater and drinking water
infrastructure financing programs;
(4) leverage private investment in water resources
infrastructure;
(5) align investments in water resources infrastructure to
achieve multiple benefits; and
(6) assist communities facing significant water quality,
drinking water, or flood risk challenges with the development
of water infrastructure projects.
SEC. 10003. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of the
Safe Drinking Water Act (42 U.S.C. 300f).
(3) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan or loan guarantee authorized
to be made available under this title with respect to a
project.
(4) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to project
obligations.
(5) Lender.--
(A) In general.--The term ``lender'' means any non-
Federal qualified institutional buyer (as defined in
section 230.144A(a) of title 17, Code of Federal
Regulations (or a successor regulation), known as Rule
144A(a) of the Securities and Exchange Commission and
issued under the Securities Act of 1933 (15 U.S.C. 77a
et seq.)).
(B) Inclusions.--The term ``lender'' includes--
(i) a qualified retirement plan (as defined
in section 4974(c) of the Internal Revenue Code
of 1986) that is a qualified institutional
buyer; and
(ii) a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of
1986) that is a qualified institutional buyer.
(6) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Secretary or the Administrator
to pay all or part of the principal of, and interest on, a loan
or other debt obligation issued by an obligor and funded by a
lender.
(7) Obligor.--The term ``obligor'' means an eligible entity
that is primarily liable for payment of the principal of, or
interest on, a Federal credit instrument.
(8) Project obligation.--
(A) In general.--The term ``project obligation''
means any note, bond, debenture, or other debt
obligation issued by an obligor in connection with the
financing of a project.
(B) Exclusion.--The term ``project obligation''
does not include a Federal credit instrument.
(9) Rating agency.--The term ``rating agency'' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
(10) Rural water infrastructure project.--The term ``rural
water infrastructure project'' means a project that--
(A) is described in section 10007; and
(B) is located in a water system that serves not
more than 25,000 individuals.
(11) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 10010.
(12) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(13) State infrastructure financing authority.--The term
``State infrastructure financing authority'' means the State
entity established or designated by the Governor of a State to
receive a capitalization grant provided by, or otherwise carry
out the requirements of, title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452
of the Safe Drinking Water Act (42 U.S.C. 300j-12).
(14) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, as calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(15) Substantial completion.--The term ``substantial
completion'', with respect to a project, means the earliest
date on which a project is considered to perform the functions
for which the project is designed.
(16) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 10004. AUTHORITY TO PROVIDE ASSISTANCE.
(a) In General.--The Secretary and the Administrator may provide
financial assistance under this title to carry out pilot projects,
which shall be selected to ensure a diversity of project types and
geographical locations.
(b) Responsibility.--
(1) Secretary.--The Secretary shall carry out all pilot
projects under this title that are eligible projects under
section 10007(1).
(2) Administrator.--The Administrator shall carry out all
pilot projects under this title that are eligible projects
under paragraphs (2), (3), (4), (5), (6), and (8) of section
10007.
(3) Other projects.--The Secretary or the Administrator, as
applicable, may carry out eligible projects under paragraph (7)
or (9) of section 10007.
SEC. 10005. APPLICATIONS.
(a) In General.--To receive assistance under this title, an
eligible entity shall submit to the Secretary or the Administrator, as
applicable, an application at such time, in such manner, and containing
such information as the Secretary or the Administrator may require.
(b) Combined Projects.--In the case of an eligible project
described in paragraph (8) or (9) of section 10007, the Secretary or
the Administrator, as applicable, shall require the eligible entity to
submit a single application for the combined group of projects.
SEC. 10006. ELIGIBLE ENTITIES.
The following entities are eligible to receive assistance under
this title:
(1) A corporation.
(2) A partnership.
(3) A joint venture.
(4) A trust.
(5) A Federal, State, or local governmental entity, agency,
or instrumentality.
(6) A tribal government or consortium of tribal
governments.
(7) A State infrastructure financing authority.
SEC. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE.
The following projects may be carried out with amounts made
available under this title:
(1) A project for flood control or hurricane and storm
damage reduction that the Secretary has determined is
technically sound, economically justified, and environmentally
acceptable, including--
(A) a structural or nonstructural measure to reduce
flood risk, enhance stream flow, or protect natural
resources; and
(B) a levee, dam, tunnel, aqueduct, reservoir, or
other related water infrastructure.
(2) 1 or more activities that are eligible for assistance
under section 603(c) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(c)), notwithstanding the public ownership
requirement under paragraph (1) of that subsection.
(3) 1 or more activities described in section 1452(a)(2) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)).
(4) A project for enhanced energy efficiency in the
operation of a public water system or a publicly owned
treatment works.
(5) A project for repair, rehabilitation, or replacement of
a treatment works, community water system, or aging water
distribution or waste collection facility (including a facility
that serves a population or community of an Indian
reservation).
(6) A brackish or sea water desalination project, a managed
aquifer recharge project, or a water recycling project.
(7) Acquisition of real property or an interest in real
property--
(A) if the acquisition is integral to a project
described in paragraphs (1) through (6); or
(B) pursuant to an existing plan that, in the
judgment of the Administrator or the Secretary, as
applicable, would mitigate the environmental impacts of
water resources infrastructure projects otherwise
eligible for assistance under this section.
(8) A combination of projects, each of which is eligible
under paragraph (2) or (3), for which a State infrastructure
financing authority submits to the Administrator a single
application.
(9) A combination of projects secured by a common security
pledge, each of which is eligible under paragraph (1), (2),
(3), (4), (5), (6), or (7), for which an eligible entity, or a
combination of eligible entities, submits a single application.
SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE.
For purposes of this title, an eligible activity with respect to an
eligible project includes the cost of--
(1) development-phase activities, including planning,
feasibility analysis (including any related analysis necessary
to carry out an eligible project), revenue forecasting,
environmental review, permitting, preliminary engineering and
design work, and other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and
replacement activities;
(3) the acquisition of real property or an interest in real
property (including water rights, land relating to the project,
and improvements to land), environmental mitigation (including
acquisitions pursuant to section 10007(7)), construction
contingencies, and acquisition of equipment;
(4) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction; and
(5) refinancing interim construction funding, long-term
project obligations, or a secured loan or loan guarantee made
under this title.
SEC. 10009. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
(a) Eligibility Requirements.--To be eligible to receive financial
assistance under this title, a project shall meet the following
criteria, as determined by the Secretary or Administrator, as
applicable:
(1) Creditworthiness.--
(A) In general.--Subject to subparagraph (B), the
project shall be creditworthy, which shall be
determined by the Secretary or the Administrator, as
applicable, who shall ensure that any financing for the
project has appropriate security features, such as a
rate covenant, to ensure repayment.
(B) Preliminary rating opinion letter.--The
Secretary or the Administrator, as applicable, shall
require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency
indicating that the senior obligations of the project
(which may be the Federal credit instrument) have the
potential to achieve an investment-grade rating.
(C) Special rule for certain combined projects.--
The Administrator shall develop a credit evaluation
process for a Federal credit instrument provided to a
State infrastructure financing authority for a project
under section 10007(8) or an entity for a project under
section 10007(9), which may include requiring the
provision of a preliminary rating opinion letter from
at least 1 rating agency.
(2) Eligible project costs.--
(A) In general.--Subject to subparagraph (B), the
eligible project costs of a project shall be reasonably
anticipated to be not less than $20,000,000.
(B) Rural water infrastructure projects.--For rural
water infrastructure projects, the eligible project
costs of a project shall be reasonably anticipated to
be not less than $5,000,000.
(3) Dedicated revenue sources.--The Federal credit
instrument for the project shall be repayable, in whole or in
part, from dedicated revenue sources that also secure the
project obligations.
(4) Public sponsorship of private entities.--In the case of
a project carried out by an entity that is not a State or local
government or an agency or instrumentality of a State or local
government or a tribal government or consortium of tribal
governments, the project shall be publicly sponsored.
(5) Limitation.--No project receiving Federal credit
assistance under this title may be financed or refinanced
(directly or indirectly), in whole or in part, with proceeds of
any obligation--
(A) the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of
1986; or
(B) with respect to which credit is allowable under
subpart I or J of part IV of subchapter A of chapter 1
of such Code.
(b) Selection Criteria.--
(1) Establishment.--The Secretary or the Administrator, as
applicable, shall establish criteria for the selection of
projects that meet the eligibility requirements of subsection
(a), in accordance with paragraph (2).
(2) Criteria.--The selection criteria shall include the
following:
(A) The extent to which the project is nationally
or regionally significant, with respect to the
generation of economic and public benefits, such as--
(i) the reduction of flood risk;
(ii) the improvement of water quality and
quantity, including aquifer recharge;
(iii) the protection of drinking water; and
(iv) the support of international commerce.
(B) The extent to which the project financing plan
includes public or private financing in addition to
assistance under this title.
(C) The likelihood that assistance under this title
would enable the project to proceed at an earlier date
than the project would otherwise be able to proceed.
(D) The extent to which the project uses new or
innovative approaches.
(E) The amount of budget authority required to fund
the Federal credit instrument made available under this
title.
(F) The extent to which the project--
(i) protects against extreme weather
events, such as floods or hurricanes; or
(ii) helps maintain or protect the
environment.
(G) The extent to which a project serves regions
with significant energy exploration, development, or
production areas.
(H) The extent to which a project serves regions
with significant water resource challenges, including
the need to address--
(i) water quality concerns in areas of
regional, national, or international
significance;
(ii) water quantity concerns related to
groundwater, surface water, or other water
sources;
(iii) significant flood risk;
(iv) water resource challenges identified
in existing regional, State, or multistate
agreements; or
(v) water resources with exceptional
recreational value or ecological importance.
(I) The extent to which assistance under this title
reduces the contribution of Federal assistance to the
project.
(3) Special rule for certain combined projects.--For a
project described in section 10007(8), the Administrator shall
only consider the criteria described in subparagraphs (B)
through (I) of paragraph (2).
(c) Federal Requirements.--Nothing in this section supersedes the
applicability of other requirements of Federal law (including
regulations).
SEC. 10010. SECURED LOANS.
(a) Agreements.--
(1) In general.--Subject to paragraphs (2) through (4), the
Secretary or the Administrator, as applicable, may enter into
agreements with 1 or more obligors to make secured loans, the
proceeds of which shall be used--
(A) to finance eligible project costs of any
project selected under section 10009;
(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 10009; or
(C) to refinance long-term project obligations or
Federal credit instruments, if that refinancing
provides additional funding capacity for the
completion, enhancement, or expansion of any project
that--
(i) is selected under section 10009; or
(ii) otherwise meets the requirements of
section 10009.
(2) Limitation on refinancing of interim construction
financing.--A secured loan under paragraph (1) shall not be
used to refinance interim construction financing under
paragraph (1)(B) later than 1 year after the date of
substantial completion of the applicable project.
(3) Financial risk assessment.--Before entering into an
agreement under this subsection for a secured loan, the
Secretary or the Administrator, as applicable, in consultation
with the Director of the Office of Management and Budget and
each rating agency providing a preliminary rating opinion
letter under section 10009(a)(1)(B), shall determine an
appropriate capital reserve subsidy amount for the secured
loan, taking into account each such preliminary rating opinion
letter.
(4) Investment-grade rating requirement.--The execution of
a secured loan under this section shall be contingent on
receipt by the senior obligations of the project of an
investment-grade rating.
(b) Terms and Limitations.--
(1) In general.--A secured loan provided for a project
under this section shall be subject to such terms and
conditions, and contain such covenants, representations,
warranties, and requirements (including requirements for
audits), as the Secretary or the Administrator, as applicable,
determines to be appropriate.
(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of--
(A) an amount equal to 49 percent of the reasonably
anticipated eligible project costs; and
(B) if the secured loan does not receive an
investment-grade rating, the amount of the senior
project obligations of the project.
(3) Payment.--A secured loan under this section--
(A) shall be payable, in whole or in part, from
State or local taxes, user fees, or other dedicated
revenue sources that also secure the senior project
obligations of the relevant project;
(B) shall include a rate covenant, coverage
requirement, or similar security feature supporting the
project obligations; and
(C) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
(4) Interest rate.--The interest rate on a secured loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement.
(5) Maturity date.--
(A) In general.--The final maturity date of a
secured loan under this section shall be not later than
35 years after the date of substantial completion of
the relevant project.
(B) Special rule for state infrastructure financing
authorities.--The final maturity date of a secured loan
to a State infrastructure financing authority under
this section shall be not later than 35 years after the
date on which amounts are first disbursed.
(6) Nonsubordination.--A secured loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor of the project.
(7) Fees.--The Secretary or the Administrator, as
applicable, may establish fees at a level sufficient to cover
all or a portion of the costs to the Federal Government of
making a secured loan under this section.
(8) Non-federal share.--The proceeds of a secured loan
under this section may be used to pay any non-Federal share of
project costs required if the loan is repayable from non-
Federal funds.
(9) Maximum federal involvement.--
(A) In general.--Except as provided in subparagraph
(B), for each project for which assistance is provided
under this title, the total amount of Federal
assistance shall not exceed 80 percent of the total
project cost.
(B) Exception.--Subparagraph (A) shall not apply to
any rural water project--
(i) that is authorized to be carried out by
the Secretary of the Interior;
(ii) that includes among its beneficiaries
a federally recognized Indian tribe; and
(iii) for which the authorized Federal
share of the total project costs is greater
than the amount described in subparagraph (A).
(c) Repayment.--
(1) Schedule.--The Secretary or the Administrator, as
applicable, shall establish a repayment schedule for each
secured loan provided under this section, based on the
projected cash flow from project revenues and other repayment
sources.
(2) Commencement.--
(A) In general.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
(B) Special rule for state infrastructure financing
authorities.--Scheduled loan repayments of principal or
interest on a secured loan to a State infrastructure
financing authority under this title shall commence not
later than 5 years after the date on which amounts are
first disbursed.
(3) Deferred payments.--
(A) Authorization.--If, at any time after the date
of substantial completion of a project for which a
secured loan is provided under this section, the
project is unable to generate sufficient revenues to
pay the scheduled loan repayments of principal and
interest on the secured loan, the Secretary or the
Administrator, as applicable, subject to subparagraph
(C), may allow the obligor to add unpaid principal and
interest to the outstanding balance of the secured
loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
(ii) be scheduled to be amortized over the
remaining term of the secured loan.
(C) Criteria.--
(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting such criteria as the Secretary
or the Administrator, as applicable, may
establish.
(ii) Repayment standards.--The criteria
established under clause (i) shall include
standards for reasonable assurance of
repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured
loan and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing project obligations may be applied
annually to prepay a secured loan under this section
without penalty.
(B) Use of proceeds of refinancing.--A secured loan
under this section may be prepaid at any time without
penalty from the proceeds of refinancing from non-
Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the date of substantial completion of a
project and after providing a notice to the obligor, the
Secretary or the Administrator, as applicable, may sell to
another entity or reoffer into the capital markets a secured
loan for a project under this section, if the Secretary or the
Administrator, as applicable, determines that the sale or
reoffering can be made on favorable terms.
(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary or the Administrator, as
applicable, may not change the original terms and conditions of
the secured loan without the written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary or the Administrator, as
applicable, may provide a loan guarantee to a lender in lieu of
making a secured loan under this section, if the Secretary or
the Administrator, as applicable, determines that the budgetary
cost of the loan guarantee is substantially the same as that of
a secured loan.
(2) Terms.--The terms of a loan guarantee provided under
this subsection shall be consistent with the terms established
in this section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Secretary or the Administrator, as applicable.
SEC. 10011. PROGRAM ADMINISTRATION.
(a) Requirement.--The Secretary or the Administrator, as
applicable, shall establish a uniform system to service the Federal
credit instruments made available under this title.
(b) Fees.--
(1) In general.--The Secretary or the Administrator, as
applicable, may collect and spend fees, contingent on authority
being provided in appropriations Acts, at a level that is
sufficient to cover--
(A) the costs of services of expert firms retained
pursuant to subsection (d); and
(B) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments
provided under this title.
(c) Servicer.--
(1) In general.--The Secretary or the Administrator, as
applicable, may appoint a financial entity to assist the
Secretary or the Administrator in servicing the Federal credit
instruments provided under this title.
(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Secretary or the Administrator, as
applicable.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary
or the Administrator, as applicable.
(d) Assistance From Experts.--The Secretary or the Administrator,
as applicable, may retain the services, including counsel, of
organizations and entities with expertise in the field of municipal and
project finance to assist in the underwriting and servicing of Federal
credit instruments provided under this title.
(e) Applicability of Other Laws.--Section 513 of the Federal Water
Pollution Control Act (33 U.S.C. 1372) applies to the construction of a
project carried out, in whole or in part, with assistance made
available through a Federal credit instrument under this title in the
same manner that section applies to a treatment works for which a grant
is made available under that Act.
SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS.
The provision of financial assistance for project under this title
shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State, local, or tribal
permit or approval with respect to the project;
(2) limit the right of any unit of State, local, or tribal
government to approve or regulate any rate of return on private
equity invested in the project; or
(3) otherwise supersede any State, local, or tribal law
(including any regulation) applicable to the construction or
operation of the project.
SEC. 10013. REGULATIONS.
The Secretary or the Administrator, as applicable, may promulgate
such regulations as the Secretary or Administrator determines to be
appropriate to carry out this title.
SEC. 10014. FUNDING.
(a) In General.--There is authorized to be appropriated to each of
the Secretary and the Administrator to carry out this title $50,000,000
for each of fiscal years 2014 through 2018, to remain available until
expended.
(b) Administrative Costs.--Of the funds made available to carry out
this title, the Secretary or the Administrator, as applicable, may use
for the administration of this title, including for the provision of
technical assistance to aid project sponsors in obtaining the necessary
approvals for the project, not more than $2,200,000 for each of fiscal
years 2014 through 2018.
SEC. 10015. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter, the Secretary or the Administrator, as
applicable, shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report summarizing for
the projects that are receiving, or have received, assistance under
this title--
(1) the financial performance of those projects, including
a recommendation as to whether the objectives of this title are
being met; and
(2) the public benefit provided by those projects,
including, as applicable, water quality and water quantity
improvement, the protection of drinking water, and the
reduction of flood risk.
SEC. 10016. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.
(a) In General.--Except as provided in subsection (b), none of the
amounts made available under this Act may be used for the construction,
alteration, maintenance, or repair of a project eligible for assistance
under this title unless all of the iron, steel, and manufactured goods
used in the project are produced in the United States.
(b) Exception.--Subsection (a) shall not apply in any case or
category of cases in which the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods
produced in the United States will increase the cost of the
overall project by more than 25 percent.
(c) Public Notice.--If the Secretary determines that it is
necessary to waive the application of subsection (a) based on a finding
under subsection (b), the Secretary shall publish in the Federal
Register a detailed written justification as to why the provision is
being waived.
(d) International Agreements.--This section shall be applied in a
manner consistent with United States obligations under international
agreements.
TITLE XI--EXTREME WEATHER
SEC. 11001. DEFINITION OF RESILIENT CONSTRUCTION TECHNIQUE.
In this title, the term ``resilient construction technique'' means
a construction method that--
(1) allows a property--
(A) to resist hazards brought on by a major
disaster; and
(B) to continue to provide the primary functions of
the property after a major disaster;
(2) reduces the magnitude or duration of a disruptive event
to a property; and
(3) has the absorptive capacity, adaptive capacity, and
recoverability to withstand a potentially disruptive event.
SEC. 11002. STUDY ON RISK REDUCTION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in coordination with the
Secretary of the Interior and the Secretary of Commerce, shall enter
into an arrangement with the National Academy of Sciences to carry out
a study and make recommendations relating to infrastructure and coastal
restoration options for reducing risk to human life and property from
extreme weather events, such as hurricanes, coastal storms, and inland
flooding.
(b) Considerations.--The study under subsection (a) shall include--
(1) an analysis of strategies and water resources projects,
including authorized water resources projects that have not yet
been constructed, and other projects implemented in the United
States and worldwide to respond to risk associated with extreme
weather events;
(2) an analysis of--
(A) historical extreme weather events;
(B) the ability of existing infrastructure to
mitigate risks associated with extreme weather events;
and
(C) the reduction in long-term costs and
vulnerability to infrastructure through the use of
resilient construction techniques.
(3) identification of proven, science-based approaches and
mechanisms for ecosystem protection and identification of
natural resources likely to have the greatest need for
protection, restoration, and conservation so that the
infrastructure and restoration projects can continue
safeguarding the communities in, and sustaining the economy of,
the United States;
(4) an estimation of the funding necessary to improve
infrastructure in the United States to reduce risk associated
with extreme weather events;
(5) an analysis of the adequacy of current funding sources
and the identification of potential new funding sources to
finance the necessary infrastructure improvements referred to
in paragraph (3); and
(6) an analysis of the Federal, State, and local costs of
natural disasters and the potential cost-savings associated
with implementing mitigation measures.
(c) Coordination.--The National Academy of Sciences may cooperate
with the National Academy of Public Administration to carry out 1 or
more aspects of the study under subsection (a).
(d) Publication.--Not later than 30 days after completion of the
study under subsection (a), the National Academy of Sciences shall--
(1) submit a copy of the study to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(2) make a copy of the study available on a publicly
accessible Internet site.
SEC. 11003. GAO STUDY ON MANAGEMENT OF FLOOD, DROUGHT, AND STORM
DAMAGE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
study of the strategies used by the Corps of Engineers for the
comprehensive management of water resources in response to floods,
storms, and droughts, including an historical review of the ability of
the Corps of Engineers to manage and respond to historical drought,
storm, and flood events.
(b) Considerations.--The study under subsection (a) shall address--
(1) the extent to which existing water management
activities of the Corps of Engineers can better meet the goal
of addressing future flooding, drought, and storm damage risks,
which shall include analysis of all historical extreme weather
events that have been recorded during the previous 5 centuries
as well as in the geological record;
(2) whether existing water resources projects built or
maintained by the Corps of Engineers, including dams, levees,
floodwalls, flood gates, and other appurtenant infrastructure
were designed to adequately address flood, storm, and drought
impacts and the extent to which the water resources projects
have been successful at addressing those impacts;
(3) any recommendations for approaches for repairing,
rebuilding, or restoring infrastructure, land, and natural
resources that consider the risks and vulnerabilities
associated with past and future extreme weather events;
(4) whether a reevaluation of existing management
approaches of the Corps of Engineers could result in greater
efficiencies in water management and project delivery that
would enable the Corps of Engineers to better prepare for,
contain, and respond to flood, storm, and drought conditions;
(5) any recommendations for improving the planning
processes of the Corps of Engineers to provide opportunities
for comprehensive management of water resources that increases
efficiency and improves response to flood, storm, and drought
conditions;
(6) any recommendations on the use of resilient
construction techniques to reduce future vulnerability from
flood, storm, and drought conditions; and
(7) any recommendations for improving approaches to
rebuilding or restoring infrastructure and natural resources
that contribute to risk reduction, such as coastal wetlands, to
prepare for flood and drought.
SEC. 11004. POST-DISASTER WATERSHED ASSESSMENTS.
(a) Watershed Assessments.--
(1) In general.--In an area that the President has declared
a major disaster in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), the Secretary may carry out a watershed
assessment to identify, to the maximum extent practicable,
specific flood risk reduction, hurricane and storm damage
reduction, ecosystem restoration, or navigation project
recommendations that will help to rehabilitate and improve the
resiliency of damaged infrastructure and natural resources to
reduce risks to human life and property from future natural
disasters.
(2) Existing projects.--A watershed assessment carried out
paragraph (1) may identify existing projects being carried out
under 1 or more of the authorities referred to in subsection
(b) (1).
(3) Duplicate watershed assessments.--In carrying out a
watershed assessment under paragraph (1), the Secretary shall
use all existing watershed assessments and related information
developed by the Secretary or other Federal, State, or local
entities.
(b) Projects.--
(1) In general.--The Secretary may carry out 1 or more
small projects identified in a watershed assessment under
subsection (a) that the Secretary would otherwise be authorized
to carry out under--
(A) section 205 of the Flood Control Act of 1948
(33 U.S.C. 701s);
(B) section 111 of the River and Harbor Act of 1968
(33 U.S.C. 426i);
(C) section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330);
(D) section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a);
(E) section 107 of the River and Harbor Act of 1960
(33 U.S.C. 577); or
(F) section 3 of the Act of August 13, 1946 (33
U.S.C. 426g).
(2) Existing projects.--In carrying out a project under
paragraph (1), the Secretary shall--
(A) to the maximum extent practicable, use all
existing information and studies available for the
project; and
(B) not require any element of a study completed
for the project prior to the disaster to be repeated.
(c) Requirements.--All requirements applicable to a project under
the Acts described in subsection (b) shall apply to the project.
(d) Limitations on Assessments.--
(1) In general.--A watershed assessment under subsection
(a) shall be initiated not later than 2 years after the date on
which the major disaster declaration is issued.
(2) Federal share.--The Federal share of the cost of
carrying out a watershed assessment under subsection (a) shall
not exceed $1,000,000.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2014 through 2018.
SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND NON-FEDERAL AMOUNTS.
The Secretary is authorized to accept and expend amounts provided
by non-Federal interests for the purpose of repairing, restoring, or
replacing water resources projects that have been damaged or destroyed
as a result of a major disaster or other emergency if the Secretary
determines that the acceptance and expenditure of those amounts is in
the public interest.
TITLE XII--NATIONAL ENDOWMENT FOR THE OCEANS
SEC. 12001. SHORT TITLE.
This title may be cited as the ``National Endowment for the Oceans
Act''.
SEC. 12002. PURPOSES.
The purposes of this title are to protect, conserve, restore, and
understand the oceans, coasts, and Great Lakes of the United States,
ensuring present and future generations will benefit from the full
range of ecological, economic, educational, social, cultural,
nutritional, and recreational opportunities and services these
resources are capable of providing.
SEC. 12003. DEFINITIONS.
In this title:
(1) Coastal shoreline county.--The term ``coastal shoreline
county'' has the meaning given the term by the Administrator of
the Federal Emergency Management Agency for purposes of
administering the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Corpus.--The term ``corpus'', with respect to the
Endowment fund, means an amount equal to the Federal payments
to such fund, amounts contributed to the fund from non-Federal
sources, and appreciation from capital gains and reinvestment
of income.
(4) Endowment.--The term ``Endowment'' means the endowment
established under subsection (a).
(5) Endowment fund.--The term ``Endowment fund'' means a
fund, or a tax-exempt foundation, established and maintained
pursuant to this title by the Foundation for the purposes
described in section 12004(a).
(6) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established by section 2(a) of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701(a)).
(7) Income.--The term ``income'', with respect to the
Endowment fund, means an amount equal to the dividends and
interest accruing from investments of the corpus of such fund.
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) Tidal shoreline.--The term ``tidal shoreline'' has the
meaning given that term pursuant to section 923.110(c)(2)(i) of
title 15, Code of Federal Regulations, or a similar successor
regulation.
SEC. 12004. NATIONAL ENDOWMENT FOR THE OCEANS.
(a) Establishment.--The Secretary and the Foundation are authorized
to establish the National Endowment for the Oceans as a permanent
Endowment fund, in accordance with this section, to further the
purposes of this title and to support the programs established under
this title.
(b) Agreements.--The Secretary and the Foundation may enter into
such agreements as may be necessary to carry out the purposes of this
title.
(c) Deposits.--There shall be deposited in the Fund, which shall
constitute the assets of the Fund, amounts as follows:
(1) Amounts appropriated or otherwise made available to
carry out this title.
(2) Amounts earned through investment under subsection (d).
(d) Investments.--The Foundation shall invest the Endowment fund
corpus and income for the benefit of the Endowment.
(e) Requirements.--Any amounts received by the Foundation pursuant
to this title shall be subject to the provisions of the National Fish
and Wildlife Establishment Act (16 U.S.C. 3701 et seq.), except the
provisions of section 10(a) of that Act (16 U.S.C. 3709(a)).
(f) Withdrawals and Expenditures.--
(1) Allocation of funds.--Each fiscal year, the Foundation
shall, in consultation with the Secretary, allocate an amount
equal to not less than 3 percent and not more than 7 percent of
the corpus of the Endowment fund and the income generated from
the Endowment fund from the current fiscal year.
(2) Expenditure.--Except as provided in paragraph (3), of
the amounts allocated under paragraph (1) for each fiscal
year--
(A) at least 59 percent shall be used by the
Foundation to award grants to coastal States under
section 12006(b);
(B) at least 39 percent shall be allocated by the
Foundation to award grants under section 12006(c); and
(C) no more than 2 percent may be used by the
Secretary and the Foundation for administrative
expenses to carry out this title, which amount shall be
divided between the Secretary and the Foundation
pursuant to an agreement reached and documented by both
the Secretary and the Foundation.
(3) Program adjustments.--
(A) In general.--In any fiscal year in which the
amount described in subparagraph (B) is less than
$100,000,000, the Foundation, in consultation with the
Secretary, may elect not to use any of the amounts
allocated under paragraph (1) for that fiscal year to
award grants under section 12006(b).
(B) Determination amount.--The amount described in
this subparagraph for a fiscal year is the amount that
is equal to the sum of--
(i) the amount that is 5 percent of the
corpus of the Endowment fund; and
(ii) the aggregate amount of income the
Foundation expects to be generated from the
Endowment fund in that fiscal year.
(g) Recovery of Payments.--After notice and an opportunity for a
hearing, the Secretary is authorized to recover any Federal payments
under this section if the Foundation--
(1) makes a withdrawal or expenditure of the corpus of the
Endowment fund or the income of the Endowment fund that is not
consistent with the requirements of section 12005; or
(2) fails to comply with a procedure, measure, method, or
standard established under section 12006(a)(1).
SEC. 12005. ELIGIBLE USES.
(a) In General.--Amounts in the Endowment may be allocated by the
Foundation to support programs and activities intended to restore,
protect, maintain, or understand living marine resources and their
habitats and ocean, coastal, and Great Lakes resources, including
baseline scientific research, ocean observing, and other programs and
activities carried out in coordination with Federal and State
departments or agencies, that are consistent with Federal environmental
laws and that avoid environmental degradation, including the following:
(1) Ocean, coastal, and Great Lakes restoration and
protection, including the protection of the environmental
integrity of such areas, and their related watersheds,
including efforts to mitigate potential impacts of sea level
change, changes in ocean chemistry, and changes in ocean
temperature.
(2) Restoration, protection, or maintenance of living
ocean, coastal, and Great Lakes resources and their habitats,
including marine protected areas and riparian migratory habitat
of coastal and marine species.
(3) Planning for and managing coastal development to
enhance ecosystem integrity or minimize impacts from sea level
change and coastal erosion.
(4) Analyses of current and anticipated impacts of ocean
acidification and assessment of potential actions to minimize
harm to ocean, coastal, and Great Lakes ecosystems.
(5) Analyses of, and planning for, current and anticipated
uses of ocean, coastal, and Great Lakes areas.
(6) Regional, subregional, or site-specific management
efforts designed to manage, protect, or restore ocean, coastal,
and Great Lakes resources and ecosystems.
(7) Research, assessment, monitoring, observation,
modeling, and sharing of scientific information that contribute
to the understanding of ocean, coastal, and Great Lakes
ecosystems and support the purposes of this title.
(8) Efforts to understand better the processes that govern
the fate and transport of petroleum hydrocarbons released into
the marine environment from natural and anthropogenic sources,
including spills.
(9) Efforts to improve spill response and preparedness
technologies.
(10) Acquiring property or interests in property in coastal
and estuarine areas, if such property or interest is acquired
in a manner that will ensure such property or interest will be
administered to support the purposes of this title.
(11) Protection and relocation of critical coastal public
infrastructure affected by erosion or sea level change.
(b) Matching Requirement.--An amount from the Endowment may not be
allocated to fund a project or activity described in paragraph (10) or
(11) of subsection (a) unless non-Federal contributions in an amount
equal to 30 percent or more of the cost of such project or activity is
made available to carry out such project or activity.
(c) Considerations for Great Lakes States.--Programs and activities
funded in Great Lakes States shall also seek to attain the goals
embodied in the Great Lakes Restoration Initiative Plan, the Great
Lakes Regional Collaboration Strategy, the Great Lakes Water Quality
Agreement, or other collaborative planning efforts of the Great Lakes
Region.
(d) Prohibition on Use of Funds for Litigation.--No funds made
available under this title may be used to fund litigation over any
matter.
SEC. 12006. GRANTS.
(a) Administration of Grants.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Foundation shall establish the
following:
(A) Application and review procedures for the
awarding of grants under this section, including
requirements ensuring that any amounts awarded under
such subsections may only be used for an eligible use
described under section 12005.
(B) Approval procedures for the awarding of grants
under this section that require consultation with the
Secretary of Commerce and the Secretary of the
Interior.
(C) Eligibility criteria for awarding grants--
(i) under subsection (b) to coastal States;
and
(ii) under subsection (c) to entities
including States, Indian tribes, regional
bodies, associations, non-governmental
organizations, and academic institutions.
(D) Performance accountability and monitoring
measures for programs and activities funded by a grant
awarded under subsection (b) or (c).
(E) Procedures and methods to ensure accurate
accounting and appropriate administration grants
awarded under this section, including standards of
record keeping.
(F) Procedures to carry out audits of the Endowment
as necessary, but not less frequently than once every 5
years.
(G) Procedures to carry out audits of the
recipients of grants under this section.
(2) Approval procedures.--
(A) Submittal.--The Foundation shall submit to the
Secretary each procedure, measure, method, and standard
established under paragraph (1).
(B) Determination and notice.--Not later than 90
days after receiving the procedures, measures, methods,
and standards under subparagraph (A), the Secretary
shall--
(i) determine whether to approve or
disapprove of such procedures, measures,
methods, and standards; and
(ii) notify the Foundation of such
determination.
(C) Justification of disapproval.--If the Secretary
disapproves of the procedures, measures, methods, and
standards under subparagraph (B), the Secretary shall
include in notice submitted under clause (ii) of such
subparagraph the rationale for such disapproval.
(D) Resubmittal.--Not later than 30 days after the
Foundation receives notification under subparagraph
(B)(ii) that the Secretary has disapproved the
procedures, measures, methods, and standards, the
Foundation shall revise such procedures, measures,
methods, and standards and submit such revised
procedures, measures, methods, and standards to the
Secretary.
(E) Review of resubmittal.--Not later than 30 days
after receiving revised procedures, measures, methods,
and standards resubmitted under subparagraph (D), the
Secretary shall--
(i) determine whether to approve or
disapprove the revised procedures, measures,
methods, and standards; and
(ii) notify the Foundation of such
determination.
(b) Grants to Coastal States.--
(1) In general.--Subject to paragraphs (3) and (4), the
Foundation shall award grants of amounts allocated under
section 12004(e)(2)(A) to eligible coastal States, based on the
following formula:
(A) Fifty percent of the funds are allocated
equally among eligible coastal States.
(B) Twenty-five percent of the funds are allocated
on the basis of the ratio of tidal shoreline miles in a
coastal State to the tidal shoreline miles of all
coastal States.
(C) Twenty-five percent of the funds are allocated
on the basis of the ratio of population density of the
coastal shoreline counties of a coastal State to the
population density of all coastal shoreline counties.
(2) Eligible coastal states.--For purposes of paragraph
(1), an eligible coastal State includes--
(A) a coastal State that has a coastal management
program approved under the Coastal Zone Management Act
of 1972 (16 U.S.C. 1451 et seq.); and
(B) during the period beginning on the date of the
enactment of this Act and ending on December 31, 2018,
a coastal State that had, during the period beginning
January 1, 2008, and ending on the date of the
enactment of this Act, a coastal management program
approved as described in subparagraph (A).
(3) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 10 percent of the total funds
distributed under this subsection may be allocated to any
single State. Any amount exceeding this limit shall be
redistributed among the remaining States according to the
formula established under paragraph (1).
(4) Maximum allocation to certain geographic areas.--
(A) In general.--Notwithstanding paragraph (1),
each geographic area described in subparagraph (B) may
not receive more than 1 percent of the total funds
distributed under this subsection. Any amount exceeding
this limit shall be redistributed among the remaining
States according to the formula established under
paragraph (1).
(B) Geographic areas described.--The geographic
areas described in this subparagraph are the following:
(i) American Samoa.
(ii) The Commonwealth of the Northern
Mariana Islands.
(iii) Guam.
(iv) Puerto Rico.
(v) The Virgin Islands.
(5) Requirement to submit plans.--
(A) In general.--To be eligible to receive a grant
under this subsection, a coastal State shall submit to
the Secretary, and the Secretary shall review, a 5-year
plan, which shall include the following:
(i) A prioritized list of goals the coastal
State intends to achieve during the time period
covered by the 5-year plan.
(ii) Identification and general
descriptions of existing State projects or
activities that contribute to realization of
such goals, including a description of the
entities conducting those projects or
activities.
(iii) General descriptions of projects or
activities, consistent with the eligible uses
described in section 12005, applicable
provisions of law relating to the environment,
and existing Federal ocean policy, that could
contribute to realization of such goals.
(iv) Criteria to determine eligibility for
entities which may receive grants under this
subsection.
(v) A description of the competitive
process the coastal State will use in
allocating funds received from the Endowment,
except in the case of allocating funds under
paragraph (7), which shall include--
(I) a description of the relative
roles in the State competitive process
of the State coastal zone management
program approved under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451
et seq.) and any State Sea Grant
Program; and
(II) a demonstration that such
competitive process is consistent with
the application and review procedures
established by the Foundation under
subsection (a)(1).
(B) Updates.--As a condition of receiving a grant
under this subsection, a coastal State shall submit to
the Secretary, not less frequently than once every 5
years, an update to the plan submitted by the coastal
State under subparagraph (A) for the 5-year period
immediately following the most recent submittal under
this paragraph.
(6) Opportunity for public comment.--In determining whether
to approve a plan or an update to a plan described in
subparagraph (A) or (B) of paragraph (5), the Secretary shall
provide the opportunity for, and take into consideration,
public input and comment on the plan.
(7) Approval procedure.--
(A) In general.--Not later than 30 days after the
opportunity for public comment on a plan or an update
to a plan of a coastal State under paragraph (6), the
Secretary shall notify such coastal State that the
Secretary--
(i) approves the plan as submitted; or
(ii) disapproves the plan as submitted.
(B) Disapproval.--If the Secretary disapproves a
proposed plan or an update of a plan submitted under
subparagraph (A) or (B) of paragraph (5), the Secretary
shall provide notice of such disapproval to the
submitting coastal State in writing, and include in
such notice the rationale for the Secretary's decision.
(C) Resubmittal.--If the Secretary disapproves a
plan of a coastal State under subparagraph (A), the
coastal State shall resubmit the plan to the Secretary
not later than 30 days after receiving the notice of
disapproval under subparagraph (B).
(D) Review of resubmittal.--Not later than 60 days
after receiving a plan resubmitted under subparagraph
(C), the Secretary shall review the plan.
(8) Indian tribes.--As a condition on receipt of a grant
under this subsection, a State that receives a grant under this
subsection shall ensure that Indian tribes in the State are
eligible to participate in the competitive process described in
the State's plan under paragraph (5)(A)(v).
(c) National Grants for Oceans, Coasts, and Great Lakes.--
(1) In general.--The Foundation may use amounts allocated
under section 12004(e)(2)(B) to award grants according to the
procedures established in subsection (a) to support activities
consistent with section 12005.
(2) Advisory panel.--
(A) In general.--The Foundation shall establish an
advisory panel to conduct reviews of applications for
grants under paragraph (1) and the Foundation shall
consider the recommendations of the Advisory Panel with
respect to such applications.
(B) Membership.--The advisory panel established
under subparagraph (A) shall include persons
representing a balanced and diverse range, as
determined by the Foundation, of--
(i) ocean, coastal, and Great Lakes
dependent industries;
(ii) geographic regions;
(iii) nonprofit conservation organizations
with a mission that includes the conservation
and protection of living marine resources and
their habitats; and
(iv) academic institutions with strong
scientific or technical credentials and
experience in marine science or policy.
SEC. 12007. ANNUAL REPORT.
(a) Requirement for Annual Report.--Beginning with fiscal year
2014, not later than 60 days after the end of each fiscal year, the
Foundation shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural Resources of
the House of Representatives a report on the operation of the Endowment
during the fiscal year.
(b) Content.--Each annual report submitted under subsection (a) for
a fiscal year shall include--
(1) a statement of the amounts deposited in the Endowment
and the balance remaining in the Endowment at the end of the
fiscal year; and
(2) a description of the expenditures made from the
Endowment for the fiscal year, including the purpose of the
expenditures.
SEC. 12008. TULSA PORT OF CATOOSA, ROGERS COUNTY, OKLAHOMA LAND
EXCHANGE.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 87 acres of land situated in Rogers County,
Oklahoma, contained within United States Tracts 413 and 427,
and acquired for the McClellan-Kerr Arkansas Navigation System.
(2) Non-federal land.--The term ``non-Federal land'' means
the approximately 34 acres of land situated in Rogers County,
Oklahoma and owned by the Tulsa Port of Catoosa that lie
immediately south and east of the Federal land.
(b) Land Exchange.--Subject to subsection (c), on conveyance by the
Tulsa Port of Catoosa to the United States of all right, title, and
interest in and to the non-Federal land, the Secretary shall convey to
the Tulsa Port of Catoosa, all right, title, and interest of the United
States in and to the Federal land.
(c) Conditions.--
(1) Deeds.--
(A) Deed to non-federal land.--The Secretary may
only accept conveyance of the non-Federal land by
warranty deed, as determined acceptable by the
Secretary.
(B) Deed to federal land.--The Secretary shall
convey the Federal land to the Tulsa Port of Catoosa by
quitclaim deed and subject to any reservations, terms,
and conditions that the Secretary determines necessary
to--
(i) allow the United States to operate and
maintain the McClellan-Kerr Arkansas River
Navigation System; and
(ii) protect the interests of the United
States.
(2) Legal descriptions.--The exact acreage and legal
descriptions of the Federal land and the non-Federal land shall
be determined by surveys acceptable to the Secretary.
(3) Payment of costs.--The Tulsa Port of Catoosa shall be
responsible for all costs associated with the land exchange
authorized by this section, including any costs that the
Secretary determines necessary and reasonable in the interest
of the United States, including surveys, appraisals, real
estate transaction fees, administrative costs, and
environmental documentation.
(4) Cash payment.--If the appraised fair market value of
the Federal land, as determined by the Secretary, exceeds the
appraised fair market value of the non-Federal land, as
determined by the Secretary, the Tulsa Port of Catoosa shall
make a cash payment to the United States reflecting the
difference in the appraised fair market values.
(5) Liability.--The Tulsa Port of Catoosa shall hold and
save the United States free from damages arising from
activities carried out under this section, except for damages
due to the fault or negligence of the United States or a
contractor of the United States.
TITLE XIII--MISCELLANEOUS
SEC. 13001. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE RULE.
(a) Definitions.--In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Farm.--The term ``farm'' has the meaning given the term
in section 112.2 of title 40, Code of Federal Regulations (or
successor regulations).
(3) Gallon.--The term ``gallon'' means a United States
liquid gallon.
(4) Oil.--The term ``oil'' has the meaning given the term
in section 112.2 of title 40, Code of Federal Regulations (or
successor regulations).
(5) Oil discharge.--The term ``oil discharge'' has the
meaning given the term ``discharge'' in section 112.2 of title
40, Code of Federal Regulations (or successor regulations).
(6) Reportable oil discharge history.--The term
``reportable oil discharge history'' has the meaning used to
describe the legal requirement to report a discharge of oil
under applicable law.
(7) Spill prevention, control, and countermeasure rule.--
The term ``Spill Prevention, Control, and Countermeasure rule''
means the regulation, including amendments, promulgated by the
Administrator under part 112 of title 40, Code of Federal
Regulations (or successor regulations).
(b) Certification.--In implementing the Spill Prevention, Control,
and Countermeasure rule with respect to any farm, the Administrator
shall--
(1) require certification of compliance with the rule by--
(A) a professional engineer for a farm with--
(i) an individual tank with an aboveground
storage capacity greater than 10,000 gallons;
(ii) an aggregate aboveground storage
capacity greater than or equal to 20,000
gallons; or
(iii) a reportable oil discharge history;
or
(B) the owner or operator of the farm (via self-
certification) for a farm with--
(i) an aggregate aboveground storage
capacity not more than 20,000 gallons and not
less than the lesser of--
(I) 6,000 gallons; or
(II) the adjustment described in
subsection (d)(2); and
(ii) no reportable oil discharge history of
oil; and
(2) not require a certification of a statement of
compliance with the rule--
(A) subject to subsection (d), with an aggregate
aboveground storage capacity of not less than 2,500
gallons and not more than 6,000 gallons; and
(B) no reportable oil discharge history; and
(3) not require a certification of a statement of
compliance with the rule for an aggregate aboveground storage
capacity of not more than 2,500 gallons.
(c) Calculation of Aggregate Aboveground Storage Capacity.--For
purposes of subsection (b), the aggregate aboveground storage capacity
of a farm excludes--
(1) all containers on separate parcels that have a capacity
that is 1,000 gallons or less; and
(2) all containers holding animal feed ingredients approved
for use in livestock feed by the Commissioner of Food and
Drugs.
(d) Study.--
(1) In general.--Not later than 12 months of the date of
enactment of this Act, the Administrator, in consultation with
the Secretary of Agriculture, shall conduct a study to
determine the appropriate exemption under subsection (b)(2)(A)
and (b)(1)(B) to not more than 6,000 gallons and not less than
2,500 gallons, based on a significant risk of discharge to
water.
(2) Adjustment.--Not later than 18 months after the date on
which the study described in paragraph (1) is complete, the
Administrator, in consultation with the Secretary of
Agriculture, shall promulgate a rule to adjust the exemption
levels described in subsection (b)(2)(A) and (b)(1)(B) in
accordance with the study.
SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL
RECREATIONAL LANDS PASS PROGRAM.
The Secretary may participate in the America the Beautiful National
Parks and Federal Recreational Lands Pass program in the same manner as
the National Park Service, the Bureau of Land Management, the United
States Fish and Wildlife Service, the Forest Service, and the Bureau of
Reclamation, including the provision of free annual passes to active
duty military personnel and dependents.
Attest:
Secretary.
113th CONGRESS
1st Session
H.R. 3080
_______________________________________________________________________
AMENDMENT