[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Placed on Calendar Senate (PCS)]
Calendar No. 224
113th CONGRESS
1st Session
H. R. 3080
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 28, 2013
Received; read twice and placed on the calendar
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Reform and Development Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--PROGRAM REFORMS AND STREAMLINING
Sec. 101. Vertical integration and acceleration of studies.
Sec. 102. Expediting the evaluation and processing of permits.
Sec. 103. Environmental streamlining.
Sec. 104. Consolidation of studies.
Sec. 105. Expedited completion of reports.
Sec. 106. Removal of duplicative analyses.
Sec. 107. Expediting approval of modifications and alterations of
projects by non-Federal interests.
Sec. 108. Construction of projects by non-Federal interests.
Sec. 109. Contributions by non-Federal interests.
Sec. 110. Contributions by non-Federal interests for management of
Corps of Engineers inland navigation
facilities.
Sec. 111. Additional contributions by non-Federal interests.
Sec. 112. Contributions by non-Federal interests prior to authorization
of final feasibility reports.
Sec. 113. Clarification of impacts to other Federal facilities.
Sec. 114. Clarification of previously authorized work.
Sec. 115. Tribal partnership program.
Sec. 116. Technical corrections.
Sec. 117. Water infrastructure public-private partnership pilot
program.
Sec. 118. Annual report to Congress.
Sec. 119. Actions to be taken in conjunction with the President's
annual budget submission to Congress.
Sec. 120. Hurricane and storm damage reduction study.
Sec. 121. Non-Federal plans to provide additional flood risk reduction.
Sec. 122. Review of emergency response authorities.
Sec. 123. Emergency communication of risk.
Sec. 124. Improvements to the National Dam Safety Program Act.
Sec. 125. Restricted areas at Corps of Engineers dams.
Sec. 126. Levee safety.
Sec. 127. Vegetation on levees.
Sec. 128. Reduction of Federal costs.
Sec. 129. Advanced modeling technologies.
Sec. 130. Enhanced use of electronic commerce in Federal procurement.
Sec. 131. Corrosion prevention.
Sec. 132. Resilient construction and use of innovative materials.
Sec. 133. Assessment of water supply in arid regions.
Sec. 134. River basin commissions.
Sec. 135. Sense of Congress regarding water resources development
bills.
Sec. 136. Donald G. Waldon Lock and Dam.
Sec. 137. Aquatic invasive species.
Sec. 138. Recreational access.
Sec. 139. Territories of the United States.
Sec. 140. Sense of Congress regarding interstate water agreements and
compacts.
Sec. 141. Report on surface elevations at drought effected lakes.
Sec. 142. Future water supply.
Sec. 143. Congressional consent for new project purposes.
Sec. 144. Multiagency effort to slow the spread of asian carp in the
upper mississippi river and ohio river
basins and tributaries.
Sec. 145. Aquatic invasive species prevention and control.
Sec. 146. National Ocean Policy implementation.
Sec. 147. Calculation of benefits and costs for flood damage reduction
and hurricane and storm damage reduction
projects.
TITLE II--NAVIGATION IMPROVEMENTS
Subtitle A--Ports
Sec. 201. Expanded use of Harbor Maintenance Trust Fund.
Sec. 202. Assessment and prioritization of operation and maintenance.
Sec. 203. Preserving United States harbors.
Sec. 204. Consolidation of deep draft navigation expertise.
Sec. 205. Disposal sites.
Sec. 206. Harbor Maintenance Trust Fund study.
Subtitle B--Inland Waterways
Sec. 211. Definitions.
Sec. 212. Project delivery process reforms.
Sec. 213. Efficiency of revenue collection.
Sec. 214. Inland waterways revenue studies.
Sec. 215. Inland waterways stakeholder roundtable.
Sec. 216. Preserving the Inland Waterway Trust Fund.
Sec. 217. Public comment on lock operations.
Sec. 218. Assessment of operation and maintenance needs of the Atlantic
Intracoastal Waterway and the Gulf
Intracoastal Waterway.
Sec. 219. Upper Mississippi River protection.
Sec. 220. Corps of Engineers lock and dam energy development.
TITLE III--DEAUTHORIZATIONS AND BACKLOG PREVENTION
Sec. 301. Deauthorization of inactive projects.
Sec. 302. Review of Corps of Engineers assets.
Sec. 303. Backlog prevention.
Sec. 304. Deauthorizations.
Sec. 305. Land conveyances.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
Sec. 401. Authorization of final feasibility studies.
Sec. 402. Project modifications.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--PROGRAM REFORMS AND STREAMLINING
SEC. 101. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a feasibility study
initiated by the Secretary, after the date of enactment of this Act,
under section 905(a) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(a)) shall--
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the district, division, and
headquarters levels of the Corps of Engineers concurrently
conduct the review required under that section.
(b) Exception.--If the Secretary determines that a feasibility
study described in subsection (a) will not be conducted in accordance
with subsection (a), the Secretary, not later than 30 days after the
date of making the determination, shall--
(1) prepare an updated feasibility study schedule and cost
estimate;
(2) notify the non-Federal feasibility cost sharing partner
that the feasibility study has been delayed; and
(3) provide written notice to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate as to the reasons the requirements of
subsection (a) are not attainable.
(c) Termination of Authorization.--A feasibility study for which
the Secretary has issued a determination under subsection (b) is not
authorized after the last day of the 1-year period beginning on the
date of the determination if the Secretary has not completed the study
on or before such last day.
(d) Report.--Not later than 4 years 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 describes--
(1) the status of the implementation of this section,
including a description of each feasibility study subject to
the requirements of this section;
(2) the amount of time taken to complete each such
feasibility study; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the feasibility study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts
of inflation.
(e) Reviews.--Not later than 90 days after the date of the
initiation of a study described in subsection (a) for a project, the
Secretary shall--
(1) take all steps necessary to initiate the federally
mandated reviews that the Secretary is required to complete as
part of the study, including environmental reviews;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 2045(d) of the Water
Resources Development Act of 2007 (33 U.S.C. 2348(d)), as
amended by this Act, and that may be required by law to conduct
or issue a review, analysis, or opinion on or to make a
determination concerning a permit or license for the study;
(3) provide the agencies referred to in paragraph (2) with
all relevant information related to the scope and potential
impacts of the project, including environmental impacts; and
(4) take all steps necessary to provide information that
will enable required reviews and analyses related to the
project to be conducted by other agencies in a thorough and
timely manner.
SEC. 102. EXPEDITING THE EVALUATION AND PROCESSING OF PERMITS.
Section 214 of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note) is amended--
(1) in subsection (a)--
(A) by inserting ``or public-utility company or
natural gas company (as defined in section 1262 of the
Public Utility Holding Company Act of 2005 (42 U.S.C.
16451))'' after ``non-Federal public entity'';
(B) by inserting ``or company'' after ``that
entity''; and
(C) by adding at the end the following: ``To the
maximum extent practicable, the Secretary shall ensure
that expediting the evaluation of a permit through the
use of funds accepted and expended under this section
does not adversely affect the timeline for evaluation
(in the Corps district in which the project or activity
is located) of permits under the jurisdiction of the
Department of the Army of other entities that have not
contributed funds under this section.''; and
(2) by striking subsection (e).
SEC. 103. ENVIRONMENTAL STREAMLINING.
(a) Declaration of Policy.--
(1) In general.--Congress declares that--
(A) the benefits of water resources projects are
important to the Nation's economy and environment;
(B) it is in the national interest to expedite the
delivery of water resources projects;
(C) it is in the national interest for Federal and
State agencies, local governments, Indian tribes, and
other entities involved in water resources projects--
(i) to accelerate study completion and
project delivery and to reduce costs; and
(ii) to ensure that the planning, design,
engineering, construction, and funding of water
resources projects is done in an efficient and
effective manner, promoting accountability for
public investments and encouraging greater
local and private sector involvement in project
financing and delivery while addressing public
safety and protecting the environment; and
(D) delay in the delivery of water resources
studies and projects--
(i) increases project costs, flood risks,
and local and Federal expenditures for
emergency management and recovery;
(ii) harms the economy of the United
States; and
(iii) impedes the shipment of goods for the
conduct of commerce.
(2) Policy.--Given the declarations set forth in paragraph
(1), it is the policy of the United States that--
(A) recommendations to Congress regarding such
projects should be accelerated by coordinated and
efficient environmental reviews and cooperative efforts
to quickly resolve disputes during the development of
water resources projects;
(B) the Secretary shall have the lead role among
Federal agencies in facilitating the environmental
review process for water resources projects;
(C) each Federal agency shall cooperate with the
Secretary to expedite the environmental review process
for water resources projects;
(D) programmatic approaches shall be used if
applicable to reduce the need for project-by-project
reviews and decisions by Federal agencies;
(E) the Secretary shall identify opportunities for
non-Federal sponsors to assume responsibilities of the
Secretary if such responsibilities can be assumed in a
manner that protects public health and safety, the
environment, and public participation; and
(F) the Assistant Secretary of the Army for Civil
Works shall identify and promote the deployment of
innovations aimed at reducing the time and money
required to deliver water resources projects while
protecting the environment.
(b) Streamlined Project Delivery.--
(1) In general.--Section 2045 of the Water Resources
Development Act of 2007 (33 U.S.C. 2348) is amended to read as
follows:
``SEC. 2045. STREAMLINED PROJECT DELIVERY.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Environmental impact statement.--The term
`environmental impact statement' means the detailed statement
of environmental impacts required to be prepared pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(2) Environmental review process.--
``(A) In general.--The term `environmental review
process' means the process of preparing an
environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for a project study.
``(B) Inclusions.--The term `environmental review
process' includes the process for and completion of any
environmental permit, approval, review, or study
required for a project study under any Federal law
other than the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(3) Federal jurisdictional agency.--The term `Federal
jurisdictional agency' means a Federal agency with jurisdiction
over a review, analysis, opinion, statement, permit, license,
or other approval or decision required for a project study
under applicable Federal laws, including regulations.
``(4) Project.--The term `project' means a Corps of
Engineers water resources project.
``(5) Project sponsor.--The term `project sponsor' means
the non-Federal interest as defined in section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
``(6) Project study.--The term `project study' means a
feasibility study for a project carried out pursuant to section
905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282).
``(b) Applicability.--The procedures in this section are applicable
to all project studies initiated after the date of enactment of the
Water Resources Reform and Development Act of 2013 and for which an
environmental impact statement is prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may be
applied, to the extent determined appropriate by the Secretary, to
other project studies initiated after such date of enactment and for
which an environmental review process document is prepared under such
Act.
``(c) Lead Agencies.--
``(1) Federal lead agency.--The Corps of Engineers shall be
the Federal lead agency in the environmental review process for
a project study.
``(2) Non-federal project sponsor as joint lead agency.--At
the discretion of the Secretary and subject to the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), a non-Federal project sponsor that is an agency
defined in subsection (a)--
``(A) may serve as a joint lead agency with the
Corps of Engineers for purposes of preparing any
environmental review process document under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
``(B) may assist in the preparation of any such
environmental review process document required under
the National Environmental Policy Act of 1969 if the
Secretary provides guidance in the preparation process,
participates in preparing the document, independently
evaluates that document, and approves and adopts the
document before the Secretary takes any subsequent
action or makes any approval based on that document.
``(3) Adoption and use of documents.--Any environmental
review process document prepared in accordance with this
subsection shall be adopted and used by any Federal agency in
making any approval of a project subject to this section as the
document required to be completed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
the same extent that the Federal agency may adopt or use a
document prepared by another Federal agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(4) Roles and responsibility of federal lead agency.--
With respect to the environmental review process for any
project, the Federal lead agency shall have authority and
responsibility--
``(A) to take such actions as are necessary and
proper, within the authority of the Federal lead
agency, to facilitate the expeditious resolution of the
environmental review process for the project study; and
``(B) to prepare or ensure that any required
environmental impact statement or other document for a
project study required to be completed under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) is completed in accordance with this
section and applicable Federal law.
``(d) Participating and Cooperating Agencies.--
``(1) Identification.--The Federal lead agency shall
identify, as early as practicable in the environmental review
process for a project study, any Federal or State agency, local
government, or Indian tribe that may--
``(A) have jurisdiction over the project;
``(B) be required by law to conduct or issue a
review, analysis, opinion, or statement for the project
study; or
``(C) be required to make a determination on
issuing a permit, license, or other approval or
decision for the project study.
``(2) Invitation.--
``(A) In general.--The Federal lead agency shall
invite any such agency identified under paragraph (1)
to become a participating or cooperating agency in the
environmental review process for the project study.
``(B) Deadline.--An invitation to participate
issued under subparagraph (A) shall establish a
deadline by which a response to the invitation shall be
submitted, which may be extended by the Federal lead
agency for good cause.
``(3) Federal cooperating agency.--Any Federal agency that
is invited by the Federal lead agency to participate in the
environmental review process for a project study shall be
designated as a cooperating agency by the Federal lead agency
unless the invited agency informs the Federal lead agency, in
writing, by the deadline specified in the invitation that the
invited agency--
``(A) has no jurisdiction or authority with respect
to the project;
``(B) has no expertise or information relevant to
the project study; and
``(C) does not intend to submit comments on the
project study.
``(4) Effect of designation.--
``(A) Requirement.--A participating or cooperating
agency shall comply with the requirements of this
section and any schedule established under this
section.
``(B) Implication.--Designation under this
subsection shall not imply that the participating or
cooperating agency--
``(i) supports a proposed project; or
``(ii) has any jurisdiction over, or
special expertise with respect to evaluation
of, the project.
``(5) Concurrent reviews.--Each participating or
cooperating agency shall--
``(A) carry out the obligations of that agency
under other applicable law concurrently and in
conjunction with the required environmental review
process unless doing so would prevent such agency from
conducting needed analysis or otherwise carrying out
their obligations under those other laws; 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.
``(e) Programmatic Compliance.--
``(1) In general.--The Secretary shall issue guidance
regarding the use of programmatic approaches to carry out the
environmental review process that--
``(A) eliminates repetitive discussions of the same
issues;
``(B) focuses on the actual issues ripe for
analyses at each level of review;
``(C) establishes a formal process for coordinating
with participating and cooperating agencies, including
the creation of a list of all data that is needed to
carry out the 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, local governments, Indian tribes, and the
public on the use and scope of the programmatic
approaches;
``(B) emphasize the importance of collaboration
among relevant Federal agencies, State agencies, local
governments, and Indian tribes in undertaking
programmatic reviews, especially with respect to
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 a Federal or State agency,
local government, Indian tribe, 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, local governments,
Indian tribes, and the public;
``(D) allow not less than 60 days of public notice
and comment on any proposed guidance; and
``(E) address any comments received under
subparagraph (D).
``(f) Coordinated Reviews.--
``(1) Coordination plan.--
``(A) Establishment.--The Federal lead agency,
after consultation with each participating and
cooperating agency and the non-Federal project sponsor
or joint lead agency, as applicable, shall establish a
plan for coordinating public and agency participation
in and comment on the environmental review process for
a project study.
``(B) Incorporation.--In developing the plan
established under subparagraph (A), the Federal lead
agency shall take under consideration the scheduling
requirements under section 101 of the Water Resources
Reform and Development Act of 2013.
``(2) Schedule.--
``(A) In general.--The Federal lead agency, after
consultation with each participating and cooperating
agency and the non-Federal project sponsor or joint
lead agency, as applicable, shall establish, as part of
the coordination plan established in paragraph (1)(A),
a schedule for completion of the environmental review
process for the project study. In developing the
schedule, the Federal lead agency shall take under
consideration the scheduling requirements under section
101 of the Water Resources Reform and Development Act
of 2013.
``(B) Factors for consideration.--In establishing
the schedule, the Federal lead agency shall consider
factors such as--
``(i) the responsibilities of participating
and cooperating agencies under applicable laws;
``(ii) the resources available to the
participating and cooperating agencies and the
non-Federal project sponsor or joint lead
agency, as applicable;
``(iii) the overall size and complexity of
the project;
``(iv) the overall schedule for and cost of
the project; and
``(v) the sensitivity of the natural and
historic resources that may be affected by the
project.
``(C) Consistency with other time periods.--A
schedule under subparagraph (A) shall be consistent
with any other relevant time periods established under
Federal law.
``(D) Modification.--The Federal lead agency may--
``(i) lengthen a schedule established under
subparagraph (A) for good cause; or
``(ii) shorten a schedule only with the
concurrence of the affected participating and
cooperating agencies and the non-Federal
project sponsor or joint lead agency, as
applicable.
``(E) Dissemination.--A copy of a schedule
established under subparagraph (A) shall be--
``(i) provided to each participating and
cooperating agency and the non-Federal project
sponsor or joint lead agency, as applicable;
and
``(ii) made available to the public.
``(3) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
``(A) Draft environmental impact statements.--For
comments by agencies and the public on a draft
environmental impact statement, a period of not more
than 60 days after such document is made publicly
available, unless--
``(i) a different deadline is established
by agreement of the Federal lead agency, all
participating and cooperating agencies, and the
non-Federal project sponsor or joint lead
agency, as applicable; or
``(ii) the deadline is extended by the
Federal lead agency for good cause.
``(B) Other comment periods.--For all other comment
periods established by the Federal lead agency for
agency or public comments in the environmental review
process, a period of not more than 30 days after the
date on which the materials for which comment is
requested are made available, unless--
``(i) a different deadline is established
by agreement of the Federal lead agency, all
participating and cooperating agencies, and the
non-Federal project sponsor or joint lead
agency, as applicable; or
``(ii) the deadline is extended by the
Federal lead agency for good cause.
``(4) Deadlines for decisions under other laws.--
``(A) Prior approval deadline.--If a participating
or cooperating agency is required to make a
determination regarding or otherwise approve or
disapprove the project study prior to the record of
decision or finding of no significant impact, such
participating or cooperating agency shall make such
determination or approval not later than 30 days after
the Federal lead agency publishes notice of the
availability of a final environmental impact statement
or other final environmental document, or not later
than such other date that is otherwise required by law,
whichever occurs first.
``(B) Other deadlines.--With regard to any
determination or approval of a participating or
cooperating agency that is not subject to subparagraph
(A), each participating or cooperating agency shall
make any required determination or otherwise approve or
disapprove the project study not later than 90 days
after the date that the Federal lead agency approves
the record of decision or finding of no significant
impact for the project study, or not later than such
other date that is otherwise required by law, whichever
occurs first.
``(C) Record closed.--In the event that any
participating or cooperating agency fails to make a
determination or approve or disapprove the project
study within the applicable deadline described in
subparagraph (A), the Federal lead agency may close the
record and find the record sufficient for the project
study as it relates to such agency determination or
approval.
``(g) Issue Identification and Resolution.--
``(1) Cooperation.--The Federal lead agency and
participating and cooperating agencies shall work cooperatively
in accordance with this section to identify and resolve issues
that may delay completion of the environmental review process
or result in the denial of any approval required for the
project study under applicable laws.
``(2) Federal lead agency responsibilities.--
``(A) In general.--The Federal lead agency shall
make information available to the participating and
cooperating agencies as early as practicable in the
environmental review process regarding the
environmental and socioeconomic resources located
within the project area and the general locations of
the alternatives under consideration.
``(B) Data sources.--Such information under
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
``(3) Participating and cooperating agency
responsibilities.--Based on information received from the
Federal lead agency, participating and cooperating agencies
shall identify, as early as practicable, any issues of concern
regarding the potential environmental or socioeconomic impacts
of the project, including any issues that may substantially
delay or prevent an agency from granting a permit or other
approval that is needed for the project study.
``(4) Accelerated issue resolution and elevation.--
``(A) In general.--Upon the request of a
participating or cooperating agency or non-Federal
project sponsor, the Secretary shall convene an issue
resolution meeting with the relevant participating and
cooperating agencies and the non-Federal project
sponsor or joint lead agency, as applicable, to resolve
issues that may--
``(i) delay completion of the environmental
review process; or
``(ii) result in denial of any approval
required for the project study under applicable
laws.
``(B) Meeting date.--A meeting requested under this
paragraph shall be held not later than 21 days after
the date on which the Secretary receives the request
for the meeting, unless the Secretary determines that
there is good cause to extend that deadline.
``(C) Notification.--Upon receipt of a request for
a meeting under this paragraph, the Secretary shall
notify all relevant participating and cooperating
agencies of the request, including the issue to be
resolved and the date for the meeting.
``(D) Elevation of issue resolution.--If a
resolution cannot be achieved within 30 days after a
meeting under this paragraph and a determination is
made by the Secretary that all information necessary to
resolve the issue has been obtained, the Secretary
shall forward the dispute to the heads of the relevant
agencies for resolution.
``(E) Convention by secretary.--The Secretary may
convene an issue resolution meeting under this
subsection at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested
under subparagraph (A).
``(h) Streamlined Documentation and Decisionmaking.--
``(1) In general.--The Federal lead agency in the
environmental review process for a project study, in order to
reduce paperwork and expedite decisionmaking, shall prepare a
condensed final environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) Condensed format.--A condensed final environmental
impact statement for a project study in the environmental
review process shall consist only of--
``(A) an incorporation by reference of the draft
environmental impact statement;
``(B) any updates to specific pages or sections of
the draft environmental impact statement as
appropriate; and
``(C) responses to comments on the draft
environmental impact statement and copies of the
comments.
``(3) Timing of decision.--Notwithstanding any other
provision of law, in conducting the environmental review
process for a project study, the Federal lead agency shall
combine a final environmental impact statement and a record of
decision for the project study into a single document if--
``(A) the alternative approved in the record of
decision is either a preferred alternative identified
in the draft environmental impact statement or is a
modification of such preferred alternative developed in
response to comments on the draft environmental impact
statement; and
``(B) the Federal lead agency has a written
commitment from parties responsible for implementation
of the measures applicable to the approved alternative
that are identified in the final environmental impact
statement that they will implement those measures.
``(i) Limitations.--Nothing in this section shall preempt or
interfere with--
``(1) any practice of seeking, considering, or responding
to public comment; or
``(2) any power, jurisdiction, responsibility, or authority
that a Federal or State agency, local government, Indian tribe,
or non-Federal project sponsor has with respect to carrying out
a project study or any other provision of law applicable to a
project.
``(j) Timing of Claims.--
``(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of a permit, license, or other approval issued by a Federal
agency for a project study shall be barred unless it is filed
not later than 150 days after publication of a notice in the
Federal Register announcing that the permit, license, or other
approval is final pursuant to the law under which the agency
action is taken, unless a shorter time is specified in the
Federal law which allows judicial review. Nothing in this
subsection shall create a right to judicial review or place any
limit on filing a claim that a person has violated the terms of
a permit, license, or other approval.
``(2) New information.--The Secretary shall consider new
information received after the close of a comment period if the
information satisfies the requirements for a supplemental
environmental impact statement under title 40, Code of Federal
Regulations. The preparation of a supplemental environmental
impact statement or other environmental document when required
by this section shall be considered a separate final agency
action and the deadline for filing a claim for judicial review
of such action shall be 150 days after the date of publication
of a notice in the Federal Register announcing such action.
``(k) 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 projects;
``(B) publish a review of the survey that includes
a description of--
``(i) the types of actions that were
categorically excluded or may 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 project sponsors for new categorical
exclusions.
``(2) New categorical exclusions.--Not later than 1 year
after the date of enactment of this subsection, if the
Secretary identifies, based on the review under paragraph (1),
a category of activities that merit establishing a categorical
exclusion not in existence on the day before the date of
enactment of this subsection, 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).
``(l) Implementation Guidance.--The Secretary shall prepare
guidance documents that describe the processes that the Secretary will
use to implement this section.''.
(2) Clerical amendment.--The table of contents contained in
section 1(b) of the Water Resources Development Act of 2007 is
amended by striking the item relating to section 2045 and
inserting the following:
``Sec. 2045. Streamlined project delivery.''.
(c) Categorical Exclusion in Emergencies.--For the repair,
reconstruction, or rehabilitation of a water resources project that is
in operation or under construction when damaged by an event or incident
that results in a declaration by the President of a major disaster or
emergency pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary shall
treat such repair, reconstruction, or rehabilitation activity as a
class of action categorically excluded from the requirements relating
to environmental assessments or environmental impact statements under
section 1508.4 of title 40, Code of Federal Regulations, if such repair
or reconstruction activity is in the same location with the same
capacity, dimensions, and design as the original water resources
project as before the declaration described in this section.
SEC. 104. CONSOLIDATION OF STUDIES.
(a) In General.--
(1) Repeal.--Section 905(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2282(b)) is repealed.
(2) Conforming amendment.--Section 905(a)(1) of such Act
(33 U.S.C. 2282(a)(1)) is amended by striking ``perform a
reconnaissance study and''.
(b) Contents of Feasibility Reports.--Section 905(a)(2) of such Act
(33 U.S.C. 2282(a)(2)) is amended by adding at the end the following:
``A feasibility report shall include a preliminary analysis of the
Federal interest and the costs, benefits, and environmental impacts of
the project.''.
(c) Applicability.--The Secretary shall continue to carry out a
study for which a reconnaissance level investigation has been initiated
before the date of enactment of this Act as if this section, including
the amendments made by this section, had not been enacted.
SEC. 105. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any on-going feasibility
study for a project initiated before the date of enactment of
this Act; and
(2) if the Secretary determines that the project is
justified in a completed report, proceed directly to
preconstruction planning, engineering, and design of the
project in accordance with section 910 of the Water Resources
Development Act of 1986 (100 Stat. 4189).
SEC. 106. REMOVAL OF DUPLICATIVE ANALYSES.
Section 911 of the Water Resources Development Act of 1986 (33
U.S.C. 2288) is repealed.
SEC. 107. EXPEDITING APPROVAL OF MODIFICATIONS AND ALTERATIONS OF
PROJECTS BY NON-FEDERAL INTERESTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, after providing notice and an opportunity
for comment, shall establish a process for the review of section 14
applications in a timely and consistent manner.
(b) Section 14 Application Defined.--In this section, the term
``section 14 application'' means an application submitted by an
applicant to the Secretary requesting permission for the temporary
occupation or use of a public work, or the alteration or permanent
occupation or use of a public work, under section 14 of the Act
entitled ``An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes'', approved March 3, 1899 (commonly known as the
``Rivers and Harbors Appropriation Act of 1899'') (33 U.S.C. 408).
(c) Benchmark Goals.--
(1) Establishment of benchmark goals.--In carrying out
subsection (a), the Secretary shall--
(A) establish benchmark goals for determining the
amount of time it should take the Secretary to
determine whether a section 14 application is complete;
(B) establish benchmark goals for determining the
amount of time it should take the Secretary to approve
or disapprove a section 14 application; and
(C) to the extent practicable, use such benchmark
goals to make a decision on section 14 applications in
a timely and consistent manner.
(2) Benchmark goals.--
(A) Benchmark goals for determining whether section
14 applications are complete.--To the extent
practicable, the benchmark goals established under
paragraph (1) shall provide that--
(i) the Secretary reach a decision on
whether a section 14 application is complete
not later than 15 days after the date of
receipt of the application; and
(ii) if the Secretary determines that a
section 14 application is not complete, the
Secretary promptly notify the applicant of the
specific information that is missing or the
analysis that is needed to complete the
application.
(B) Benchmark goals for reviewing completed
applications.--To the extent practicable, the benchmark
goals established under paragraph (1) shall provide
that--
(i) the Secretary generally approve or
disapprove a completed section 14 application
not later than 45 days after the date of
receipt of the completed application; and
(ii) in a case in which the Secretary
determines that additional time is needed to
review a completed section 14 application due
to the type, size, cost, complexity, or impacts
of the actions proposed in the application, the
Secretary approve or disapprove the application
not later than 180 days after the date of
receipt of the completed application.
(3) Notice.--In any case in which the Secretary determines
that it will take the Secretary more than 45 days to review a
completed section 14 application, the Secretary shall--
(A) provide written notification to the applicant;
and
(B) include in the written notice a best estimate
of the Secretary as to the amount of time required for
completion of the review.
(d) Failure To Achieve Benchmark Goals.--In any case in which the
Secretary fails make a decision on a section 14 application in
accordance with the process established under this section, the
Secretary shall provide written notice to the applicant, including a
detailed description of--
(1) why the Secretary failed to make a decision in
accordance with such process;
(2) the additional actions required before the Secretary
will issue a decision; and
(3) the amount of time the Secretary will require to issue
a decision.
(e) Notification.--
(1) Submission to congress.--The Secretary shall provide a
copy of any written notice provided under subsection (d) to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(2) Public availability.--The Secretary shall maintain a
publicly available database, including on the Internet, on--
(A) all section 14 applications received by the
Secretary; and
(B) the current status of such applications.
SEC. 108. CONSTRUCTION OF PROJECTS BY NON-FEDERAL INTERESTS.
(a) Construction of Water Resources Development Projects.--Section
211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13)
is amended--
(1) in the section heading by striking ``flood control''
and inserting ``water resources development''; and
(2) by striking ``flood control'' each place it appears and
inserting ``water resources development''.
(b) Completion of Studies and Design Activities.--Section 211(c) of
such Act (33 U.S.C. 701b-13(c)) is amended by striking ``date of the
enactment of this Act'' and inserting ``date of enactment of the Water
Resources Reform and Development Act of 2013''.
(c) Authority To Carry Out Improvements.--Section 211(d)(1) of such
Act (33 U.S.C. 701b-13(d)(1)) is amended--
(1) by striking subparagraph (A)(i) and inserting the
following:
``(i) In general.--A non-Federal interest
may carry out construction for which studies
and design documents are prepared under
subsection (b) only if--
``(I) the Secretary approves the
project for construction; and
``(II) the project is specifically
authorized by Congress.''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Studies and design activities under
subsection (c).--Any non-Federal interest that has
received from the Secretary under subsection (c) a
favorable recommendation to carry out a water resources
development project, or separable element thereof,
based on the results of completed studies and design
documents for the project or element may carry out the
project or element if--
``(i) a final environmental impact
statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been filed for the project or element; and
``(ii) the project is specifically
authorized by Congress.''.
(d) Reimbursement.--Section 211(e) of such Act (33 U.S.C. 701b-
13(e)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``and'' at the
end;
(B) in subparagraph (C) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) if the project is specifically authorized by
Congress.''; and
(2) in paragraph (6)--
(A) by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively; and
(B) in subparagraph (B) (as so redesignated)--
(i) by striking ``At the request'' and
inserting ``In accordance with section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b), at the request''; and
(ii) by inserting before the period at the
end the following: ``, or toward the non-
Federal share of any other authorized water
resources development study or project of such
non-Federal interest''.
(e) Other Matters.--Section 211 of such Act (33 U.S.C. 701b-13) is
amended by adding at the end the following:
``(h) Operation and Maintenance of Navigation Projects.--Whenever a
non-Federal interest constructs improvements to a harbor or inland
harbor, the Secretary shall be responsible for maintenance in
accordance with section 101(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2211(b)) if--
``(1) the Secretary determines, before construction, that
the improvements, or separable elements thereof, are
economically justified and environmentally acceptable;
``(2) the Secretary certifies that the project is
constructed in accordance with applicable permits and the
appropriate engineering and design standards;
``(3) the Secretary does not find that the project, or
separable element thereof, is no longer economically justified
or environmentally acceptable; and
``(4) the project is specifically authorized by Congress.
``(i) Implementation.--All laws and regulations that would apply to
the Secretary if the Secretary were carrying out a project shall apply
to the non-Federal interest carrying out a project under this section.
``(j) Notification of Committees.--The Secretary shall notify in
writing the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of
the Senate prior to initiation of negotiations with a non-Federal
interest regarding the utilization of the authorities under this
section.''.
(f) Repeals.--The following provisions are repealed:
(1) Section 204 of the Water Resources Development Act of
1986 (33 U.S.C. 2232).
(2) Section 206 of the Water Resources Development Act of
1992 (33 U.S.C. 426i-1) and the item relating to that section
in the table of contents contained in section 1(b) of that Act.
(3) Section 404 of the Water Resources Development Act of
1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item
relating to that section in the table of contents contained in
section 1(b) of that Act.
(g) Saving Provision.--Nothing in this section may be construed to
affect any agreement entered into under section 204(f) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232(f)) before the date
of enactment of this Act.
SEC. 109. CONTRIBUTIONS BY NON-FEDERAL INTERESTS.
(a) In General.--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 June 22, 1936 (33
U.S.C. 701h), is amended--
(1) by striking ``from States and political subdivisions
thereof,'' and inserting ``from a non-Federal interest (as
defined in section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b))'';
(2) by striking ``, which includes planning and design'';
(3) by inserting ``, including a project for navigation on
the inland waterways,'' after ``study or project'';
(4) by striking ``by States and political subdivisions
thereof,'' and inserting ``by a non-Federal interest'';
(5) by striking ``: Provided further, That the term
`States' means the several States, the District of Columbia,
the commonwealths, territories, and possessions of the United
States, and Federally recognized Indian tribes''; and
(6) by inserting ``: And provided further, That the term
`work' means the planning, design, or construction of an
authorized water resources development study or project, or the
repair, restoration, or replacement of an authorized water
resources development project that has been damaged by an event
or incident that results in a declaration by the President of a
major disaster or emergency pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)'' after ``contributing interests''.
(b) Notification for Contributed Funds.--Prior to the initiation of
negotiations for accepting contributed funds 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 June 22, 1936 (33 U.S.C. 701h), the Secretary shall provide
written notice to the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of Representatives and
the Committee on Environment and Public Works and the Committee on
Appropriations of the Senate.
(c) Technical Amendments.--The following provisions are repealed:
(1) Section 111(b) of the Energy and Water Development and
Related Agencies Appropriations Act, 2012 (125 Stat. 858).
(2) Section 4 of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes'', approved March 4, 1915 (33 U.S.C. 560).
SEC. 110. CONTRIBUTIONS BY NON-FEDERAL INTERESTS FOR MANAGEMENT OF
CORPS OF ENGINEERS INLAND NAVIGATION FACILITIES.
(a) In General.--Section 225 of the Water Resources Development Act
of 1992 (33 U.S.C. 2328) is amended--
(1) by striking the section designation and heading and
inserting the following:
``SEC. 225. CONTRIBUTIONS BY NON-FEDERAL INTERESTS FOR MANAGEMENT OF
CORPS OF ENGINEERS FACILITIES.'';
(2) in subsection (a) by striking ``managing recreation
facilities'' and inserting ``operating, maintaining, and
managing inland navigational facilities, recreational
facilities,''; and
(3) in subsection (b) by striking ``and management of
recreation facilities'' and inserting ``, maintenance, and
management of inland navigation facilities, recreational
facilities,''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Water Resources Development Act of 1992 is amended by
striking the item relating to section 225 and inserting the following:
``225. Contributions by non-Federal interests for management of Corps
of Engineers facilities.''.
SEC. 111. ADDITIONAL CONTRIBUTIONS BY NON-FEDERAL INTERESTS.
Section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280) is amended--
(1) by striking ``In order to insure'' and inserting ``(a)
In General.--In order to insure''; and
(2) by adding at the end the following:
``(b) Contributions by Non-Federal Interests.--Notwithstanding
subsection (a), in accordance with section 5 of the Act entitled `An
Act authorizing the construction of certain public works on rivers and
harbors for flood control, and for other purposes', approved June 22,
1936 (33 U.S.C. 701h), the Secretary may accept funds from a non-
Federal interest for any authorized water resources development project
that has exceeded its maximum cost under subsection (a), and use such
funds to carry out such project, if the use of such funds does not
increase the Federal share of the cost of such project.''.
SEC. 112. CONTRIBUTIONS BY NON-FEDERAL INTERESTS PRIOR TO AUTHORIZATION
OF FINAL FEASIBILITY REPORTS.
(a) In General.--Subject to subsection (b), a non-Federal interest
may carry out a project for which--
(1) a final feasibility report has been completed; and
(2) authority for the Secretary to carry out such project
has not specifically been authorized by Congress.
(b) Conditions.--The non-Federal interest--
(1) shall, before carrying out the project, obtain any
permit, approval, or authorization required pursuant to Federal
or State law; and
(2) shall carry out the project in accordance with the
plan, and subject to the conditions, described in the final
feasibility report.
(c) Credit, Reimbursement, and Future Maintenance.--
(1) Eligibility for credit or reimbursement.--Subject to
paragraph (4), and in accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal
interest may be eligible for credit or reimbursement for the
Federal share of any work carried out by the non-Federal
interest under this section.
(2) Eligibility for maintenance of navigation projects.--
Subject to paragraph (4), and in accordance with section 211(h)
of the Water Resources Development of Act of 1996 (33 U.S.C.
701b-13(h), whenever a non-Federal interest constructs
improvements to a harbor or inland harbor under this section,
the Secretary shall be responsible for maintenance of such
harbor.
(3) Limitation.--Any activities carried out under this
section are authorized only to the extent specifically provided
for in subsequent appropriations Acts.
(4) Implementation.--Paragraphs (1), (2), and (3) shall not
apply unless--
(A) all laws and regulations that would apply to
the Secretary if the Secretary were carrying out the
project were applied by the non-Federal interest during
construction of the project; and
(B) the project is subsequently specifically
authorized by Congress.
(5) In-kind contributions.--Absent a specific subsequent
authorization by Congress, the non-Federal interest shall not
be reimbursed or receive credit for in-kind contributions.
SEC. 113. CLARIFICATION OF IMPACTS TO OTHER FEDERAL FACILITIES.
In any case where the modification or construction of a water
resources development project carried out by the Secretary adversely
impacts other Federal facilities, the Secretary may accept from other
Federal agencies such funds as may be necessary to address the adverse
impact, including by removing, relocating, or reconstructing such
facilities.
SEC. 114. CLARIFICATION OF PREVIOUSLY AUTHORIZED WORK.
(a) In General.--The Secretary may carry out measures to improve
fish species habitat within the boundaries and downstream of a water
resources project constructed by the Secretary that includes a fish
hatchery if the Secretary--
(1) has been explicitly authorized to compensate for fish
losses associated with the project; and
(2) determines that the measures are--
(A) feasible;
(B) consistent with authorized project purposes and
the fish hatchery; and
(C) in the public interest.
(b) Cost Sharing.--
(1) In general.--Subject to paragraph (2), the non-Federal
interest shall contribute 35 percent of the total cost of
carrying out activities under this section, including the costs
relating to the provision or acquisition of required land,
easements, rights-of-way, dredged material disposal areas, and
relocations.
(2) Operation and maintenance.--The non-Federal interest
shall contribute 100 percent of the costs of operation,
maintenance, replacement, repair, and rehabilitation of the
measures carried out under this section.
SEC. 115. TRIBAL PARTNERSHIP PROGRAM.
(a) In General.--Section 203 of the Water Resources Development Act
of 2000 (33 U.S.C. 2269) is amended--
(1) in subsection (d)(1)(B)--
(A) by striking ``The ability'' and inserting the
following:
``(i) In general.--The ability''; and
(B) by adding at the end the following:
``(ii) Determination.--Not later than 180
days after the date of enactment of the Water
Resources Reform and Development Act of 2013,
the Secretary shall issue guidance on the
procedures described in clause (i).''; and
(2) by striking subsection (e) and inserting the following:
``(e) Restrictions.--The Secretary is authorized to carry out
activities under this section in fiscal years 2014 through 2023.''.
(b) Cooperative Agreements With Indian Tribes.--The Secretary may
enter into a cooperative agreement with an Indian tribe (or a
designated representative of an Indian tribe) to carry out authorized
activities of the Corps of Engineers to protect fish, wildlife, water
quality, and cultural resources.
SEC. 116. TECHNICAL CORRECTIONS.
(a) Limitation; Statutory Construction.--Section 221(a)(4)(E) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)(E)) is amended
by striking clause (ii) and inserting the following:
``(ii) Limitation.--In any case in which a
specific provision of law provides for a non-
Federal interest to receive credit toward the
non-Federal share of the cost of a study for,
or construction or operation and maintenance
of, a water resources project, the Secretary
shall apply--
``(I) the specific provision of law
instead of this paragraph; or
``(II) at the request of the non-
Federal interest, the specific
provision of law and such provisions of
this paragraph as the non-Federal
interest may request.
``(iii) Statutory construction.--Nothing in
this subparagraph may be construed to affect
the applicability of subparagraph (C).''.
(b) Water Resources Project Defined.--Section 221(b) of such Act
(42 U.S.C. 1962d-5b(b)) is amended--
(1) by moving paragraphs (1) and (2) and the matter
following paragraph (2) 2 ems to the right;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``(b) Definition'' and all that follows
through ``The term'' and inserting the following:
``(b) Definitions.--
``(1) Non-federal interest.--The term''; and
(4) by adding at the end the following:
``(2) Water resources project.--The term `water resources
project' includes projects studied, reviewed, designed,
constructed, operated and maintained, or otherwise subject to
Federal participation under the authority of the civil works
program of the Secretary of the Army for the purposes of
navigation, flood damage reduction, ecosystem restoration,
hurricane and storm damage reduction, water supply, recreation,
hydroelectric power, fish and wildlife conservation, water
quality, environmental infrastructure, resource protection and
development, and related purposes.''.
(c) Correction.--Section 221(c) of such Act (42 U.S.C. 1962d-5b(c))
is amended by striking ``enforcible'' and inserting ``enforceable''.
(d) Federal Allocation.--Section 2008(a) of the Water Resources
Development Act of 2007 (33 U.S.C. 2340(a)) is amended by adding at the
end the following: ``This subsection shall apply without regard to
whether the original partnership agreement was entered into before, on,
or after the date of enactment of this subsection.''.
(e) In-Kind Credit.--Section 221(a)(4)(C) of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b(a)(4)(C)) is amended 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 clause, the Secretary and the
non-Federal interest shall enter into
an agreement under which the non-
Federal interest shall carry out such
work and shall do so prior to the non-
Federal interest initiating
construction or issuing a written
notice to proceed for the construction.
``(II) Eligibility.--Construction
that is carried out after the execution
of an agreement under 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, 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 planning
and shall do so prior to the non-
Federal interest initiating that
planning.
``(II) Eligibility.--Planning that
is carried out by the non-Federal
interest after the execution of an
agreement under subclause (I) shall be
eligible for credit.''.
SEC. 117. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
(a) In General.--The Secretary shall establish a pilot program to
evaluate the cost effectiveness and project delivery efficiency of
allowing non-Federal interests to carry out authorized water resources
development projects for coastal harbor improvement, channel
improvement, inland navigation, flood damage reduction, aquatic
ecosystem restoration, and hurricane and storm damage reduction.
(b) Purposes.--The purposes of the pilot program established under
subsection (a) are--
(1) to identify cost-saving project delivery alternatives
that reduce the backlog of authorized Corps of Engineers
projects; and
(2) to evaluate the technical, financial, and
organizational benefits of allowing a non-Federal interest to
carry out and manage the design or construction (or both) of 1
or more of such projects.
(c) Subsequent Appropriations.--Any activity undertaken under this
section is authorized only to the extent specifically provided for in
subsequent appropriations Acts.
(d) Administration.--In carrying out the pilot program established
under subsection (a), the Secretary shall--
(1) identify for inclusion in the program at least 15
projects that are authorized for construction for coastal
harbor improvement, channel improvement, inland navigation,
flood damage reduction, or hurricane and storm damage
reduction;
(2) notify in writing the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate of each
project identified under paragraph (1);
(3) in consultation with the non-Federal interest
associated with each project identified under paragraph (1),
develop a detailed project management plan for the project that
outlines the scope, financing, budget, design, and construction
resource requirements necessary for the non-Federal interest to
execute the project, or a separable element of the project;
(4) at the request of the non-Federal interest associated
with each project identified under paragraph (1), enter into a
project partnership agreement with the non-Federal interest
under which the non-Federal interest is provided full project
management control for the financing, design, or construction
(or any combination thereof) of the project, or a separable
element of the project, in accordance with plans approved by
the Secretary;
(5) following execution of a project partnership agreement
under paragraph (4) and completion of all work under the
agreement, issue payment, in accordance with subsection (g), to
the relevant non-Federal interest for that work; and
(6) regularly monitor and audit each project carried out
under the program to ensure that all activities related to the
project are carried out in compliance with plans approved by
the Secretary and that construction costs are reasonable.
(e) Selection Criteria.--In identifying projects under subsection
(d)(1), the Secretary shall consider the extent to which the project--
(1) is significant to the economy of the United States;
(2) leverages Federal investment by encouraging non-Federal
contributions to the project;
(3) employs innovative project delivery and cost-saving
methods;
(4) received Federal funds in the past and experienced
delays or missed scheduled deadlines;
(5) has unobligated Corps of Engineers funding balances;
and
(6) has not received Federal funding for recapitalization
and modernization since the project was authorized.
(f) Detailed Project Schedule.--Not later than 180 days after
entering into a project partnership agreement under subsection (d)(4),
a non-Federal interest, to the maximum extent practicable, shall submit
to the Secretary a detailed project schedule for the relevant project,
based on estimated funding levels, that specifies deadlines for each
milestone with respect to the project.
(g) Payment.--Payment to the non-Federal interest for work
completed pursuant to a project partnership agreement under subsection
(d)(4) may be made from--
(1) if applicable, the balance of the unobligated amounts
appropriated for the project;
(2) other amounts appropriated to the Corps of Engineers,
except that the total amount transferred to the non-Federal
interest may not exceed the estimate of the Federal share of
the cost of construction, including any required design; and
(3) revenue generated by the project.
(h) Technical Assistance.--At the request of a non-Federal interest
participating in the pilot program established under subsection (a),
the Secretary may provide to the non-Federal interest, if the non-
Federal interest contracts with and compensates the Secretary,
technical assistance with respect to--
(1) a study, engineering activity, or design activity
related to a project carried out by the non-Federal interest
under the program; and
(2) obtaining permits necessary for such a project.
(i) Identification of Impediments.--
(1) In general.--The Secretary shall--
(A) except as provided in paragraph (2), identify
any procedural requirements under the authority of the
Secretary that impede greater use of public-private
partnerships and private investment in water resources
development projects;
(B) develop and implement, on a project-by-project
basis, procedures and approaches that--
(i) address such impediments; and
(ii) protect the public interest and any
public investment in water resources
development projects that involve public-
private partnerships or private investment in
water resources development projects; and
(C) not later than 1 year after the date of
enactment of this section, issue rules to carry out the
procedures and approaches developed under subparagraph
(B).
(2) Rule of construction.--Nothing in this section may be
construed to allow the Secretary to waive any requirement
under--
(A) sections 3141 through 3148 and sections 3701
through 3708 of title 40, United States Code;
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(C) any other provision of Federal law.
(j) Public Benefit Studies.--
(1) In general.--Before entering into a project partnership
agreement under subsection (d)(4), the Secretary shall conduct
an assessment of whether, and provide justification in writing
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate that, the proposed agreement
provides better public and financial benefits than a similar
transaction using public funding or financing.
(2) Requirements.--An assessment under paragraph (1)
shall--
(A) be completed in a period of not more than 90
days;
(B) take into consideration any supporting
materials and data submitted by the relevant non-
Federal interest and other stakeholders; and
(C) determine whether the proposed project
partnership agreement is in the public interest by
determining whether the agreement will provide public
and financial benefits, including expedited project
delivery and savings for taxpayers.
(k) Non-Federal Funding.--A project carried out under the pilot
program established under subsection (a) may consist of the non-Federal
interest financing the non-Federal share of the project.
(l) Applicability of Federal Law.--Any provision of Federal law
that would apply to the Secretary if the Secretary were carrying out a
project shall apply to a non-Federal interest carrying out a project
under this section.
(m) Cost Share.--Nothing in this section affects a cost-sharing
requirement under Federal law that is applicable to a project carried
out under the pilot program established under subsection (a).
(n) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
results of the pilot program established under subsection (a),
including any recommendations of the Secretary concerning whether the
program or any component of the program should be implemented on a
national basis.
(o) Non-Federal Interest Defined.--In this section, the term ``non-
Federal interest'' includes non-Federal government entities and private
entities.
SEC. 118. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year, the
Secretary shall develop and submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate an annual report, to be
entitled ``Report to Congress on Future Water Resources Development'',
that identifies the following:
(1) Feasibility reports.--Each feasibility report that
meets the criteria established in subsection (c)(1)(A).
(2) Proposed feasibility studies.--Any proposed feasibility
study submitted to the Secretary by a non-Federal interest
pursuant to subsection (b) that meets the criteria established
in subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed modification to
an authorized water resources development project or
feasibility study that meets the criteria established in
subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal
interest pursuant to subsection (b); or
(B) is identified by the Secretary for
authorization.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice
requesting proposals from non-Federal interests for proposed
feasibility studies and proposed modifications to authorized
water resources development projects and feasibility studies to
be included in the annual report.
(2) Deadline for requests.--The Secretary shall include in
each notice required by this subsection a requirement that non-
Federal interests submit to the Secretary any proposals
described in paragraph (1) by not later than 120 days after the
date of publication of the notice in the Federal Register in
order for such proposals to be considered for inclusion in the
annual report.
(3) Notification.--On the date of publication of each
notice required by this subsection, the Secretary shall--
(A) make the notice publicly available, including
on the Internet; and
(B) provide written notification of such
publication to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate.
(c) Contents.--
(1) Feasibility reports, proposed feasibility studies, and
proposed modifications.--
(A) Criteria for inclusion in report.--The
Secretary shall include in the annual report only those
feasibility reports, proposed feasibility studies, and
proposed modifications to authorized water resources
development projects and feasibility studies that--
(i) are related to the missions and
authorities of the Corps of Engineers;
(ii) require specific authorization by
Congress in law or otherwise;
(iii) are not authorized by Congress;
(iv) have not been included in any previous
annual report; and
(v) if authorized, could be carried out by
the Corps of Engineers.
(B) Description of benefits.--For each proposed
feasibility study and proposed modification to an
authorized water resources development project or
feasibility study included in the annual report, the
Secretary shall describe the potential benefit of the
proposed feasibility study or modification, including,
to the extent applicable, whether the water resources
development project that is the subject of the proposed
feasibility study, or the proposed modification, will--
(i) reduce risks to human life or public
safety or property;
(ii) benefit the national economy;
(iii) stimulate the creation of jobs;
(iv) reduce the need for future disaster
relief;
(v) promote the development and delivery of
domestic energy resources;
(vi) improve the competitiveness of United
States exports;
(vii) improve water-related transportation
for interstate or international commerce;
(viii) restore or protect, or mitigate the
impacts of a water resources development
project on, the environment; or
(ix) promote the use of cost-effective and
sustainable solutions to water resources
challenges.
(2) Transparency.--The Secretary shall include in the
annual report, for each feasibility report, proposed
feasibility study, and proposed modification to an authorized
water resources development project or feasibility study
included under paragraph (1)(A)--
(A) the name of the associated non-Federal
interest, including the name of any non-Federal
interest that has contributed, or is expected to
contribute, a non-Federal share of the cost of--
(i) the feasibility report;
(ii) the proposed feasibility study;
(iii) the authorized feasibility study for
which the modification is proposed; or
(iv) construction of--
(I) the water resources development
project that is the subject of--
(aa) the feasibility
report;
(bb) the proposed
feasibility study; or
(cc) the authorized
feasibility study for which a
modification is proposed; or
(II) the proposed modification to
an authorized water resources
development project;
(B) a letter or statement of support for the
feasibility report, proposed feasibility study, or
proposed modification to an authorized water resources
development project or feasibility study from each
associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to an
authorized water resources development project or
feasibility study;
(D) an estimate of the Federal, non-Federal, and
total costs of--
(i) the proposed feasibility study, or
proposed modification to an authorized
feasibility study; and
(ii) construction of--
(I) the water resources development
project that is the subject of--
(aa) the feasibility
report; or
(bb) the authorized
feasibility study for which a
modification is proposed, with
respect to the change in costs
resulting from such
modification; or
(II) the proposed modification to
an authorized water resources
development project; and
(E) an estimate, to the extent practicable, of the
monetary and nonmonetary benefits of--
(i) the water resources development project
that is the subject of--
(I) the feasibility report;
(II) the proposed feasibility
study; or
(III) the authorized feasibility
study for which a modification is
proposed, with respect to the benefits
of such modification; or
(ii) the proposed modification to an
authorized water resources development project.
(3) Certification.--The Secretary shall include in the
annual report a certification stating that each feasibility
report, proposed feasibility study, and proposed modification
to an authorized water resources development project or
feasibility study included in the annual report meets the
criteria in paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual
report an appendix listing the proposals submitted under
subsection (b) that were not included in the annual report
under paragraph (1)(A) and a description of why the Secretary
determined that those proposals did not meet the criteria for
inclusion under such paragraph.
(d) Special Rule for Initial Annual Report.--Notwithstanding any
other deadlines required by this section, the Secretary shall--
(1) not later than 30 days after the date of enactment of
this Act, publish in the Federal Register a notice required by
subsection (b)(1);
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 90 days after the date of
publication of such notice in the Federal Register in order for
such proposals to be considered for inclusion in the first
annual report developed by the Secretary under this section;
and
(3) not later than 180 days after the date of enactment of
this Act, submit an annual report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(e) Publication.--Upon submission of the annual report to Congress,
the Secretary shall make the annual report publicly available,
including through publication on the Internet.
(f) Definitions.--In this section, the following definitions apply:
(1) Annual report.--The term ``annual report'' means the
report required by subsection (a).
(2) Feasibility report.--The term ``feasibility report''
means a final feasibility report developed under section 905 of
the Water Resources Development Act of 1986 (33 U.S.C. 2282),
and includes--
(A) a report described in section 105(d)(2) of such
Act (33 U.S.C. 2215(d)(2)); and
(B) where applicable, any associated report of the
Chief of Engineers.
(3) Feasibility study.--The term ``feasibility study'' has
the meaning given that term in section 105 of the Water
Resources Development Act of 1986 (33 U.S.C. 2215).
(4) Non-federal interest.--The term ``non-Federal
interest'' has the meaning given that term in section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
SEC. 119. ACTIONS TO BE TAKEN IN CONJUNCTION WITH THE PRESIDENT'S
ANNUAL BUDGET SUBMISSION TO CONGRESS.
(a) Recommendations for Corps of Engineers Construction Projects in
President's Budget.--
(1) In general.--For each fiscal year, as part of the
President's annual budget submission to Congress under section
1105(a) of title 31, United States Code, the President shall--
(A) identify and recommend Corps of Engineers
construction projects for which Congress should provide
funding at the full level authorized for the project;
and
(B) provide an explanation of the process used by
the President in making the recommendations.
(2) Covered period.--The President shall make
recommendations under paragraph (1) for the fiscal year for
which the budget submission is prepared and each of the
succeeding 4 fiscal years.
(3) Basis for making recommendations.--The President shall
base recommendations under paragraph (1) on the assumption that
$2,000,000,000 will be appropriated for Corps of Engineers
construction projects for each fiscal year.
(b) Missouri River Basin.--To assist in the prioritization of
Federal activities carried out related to the project for mitigation of
fish and wildlife losses, Missouri River Bank Stabilization and
Navigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by
section 601(a) of the Water Resources Development Act of 1986 (100
Stat. 4143), and in conjunction with the President's submission to
Congress of a budget under section 1105(a) of title 31, United States
Code, the Secretary shall submit to Congress a report that provides--
(1) an inventory of all Federal actions taken and a
prioritization of all Federal actions planned in furtherance of
the project, including an inventory of lands owned, acquired,
or directly controlled by the Federal Government, and lands
enrolled in federally assisted conservation programs;
(2) a description of the specific Federal actions proposed
for the upcoming fiscal year in furtherance of the project;
(3) an assessment of the progress made in furtherance of
the project, including a description of how each of the actions
identified under paragraph (1) have impacted such progress; and
(4) an assessment of additional actions necessary to
achieve the results of the project.
SEC. 120. HURRICANE AND STORM DAMAGE REDUCTION STUDY.
As part of the study for flood and storm damage reduction related
to natural disasters to be carried out by the Secretary under title II
of division A of the Disaster Relief Appropriations Act, 2013, under
the heading ``Department of the Army--Corps of Engineers--Civil--
Investigations'' (127 Stat. 5), the Secretary shall make specific
project recommendations. In making recommendations pursuant to this
section, the Secretary shall consult with key stakeholders, including
State, county, and city governments, and, where applicable, State and
local water districts, and in the case of recommendations concerning
projects that substantially affect communities served by historically
Black colleges and universities, Tribal Colleges and Universities, and
other minority-serving institutions, the Secretary shall also consult
with such colleges, universities, and institutions. The Secretary shall
include those recommendations in the report entitled ``Report to
Congress on Future Water Resources Development'', developed in
accordance with this Act.
SEC. 121. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK REDUCTION.
(a) In General.--If requested by a non-Federal interest, the
Secretary shall carry out a locally preferred plan that provides a
higher level of protection than a flood risk management project
authorized under this Act if the Secretary determines that--
(1) the plan is technically feasible and environmentally
acceptable; and
(2) the benefits of the plan exceed the costs of the plan.
(b) Non-Federal Costs.--If the Secretary carries out a locally
preferred plan under subsection (a), the cost attributable to the
higher level of protection provided under the plan shall be paid by the
non-Federal interest.
SEC. 122. REVIEW OF EMERGENCY RESPONSE AUTHORITIES.
(a) In General.--The Secretary shall undertake a review of
implementation of 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), to evaluate the alternatives available to the Secretary
to ensure--
(1) the safety of affected communities to future flooding
and storm events;
(2) the resiliency of water resources development projects
to future flooding and storm events;
(3) the long-term cost effectiveness of water resources
development projects that provide flood control and hurricane
and storm damage reduction benefits; and
(4) the policy goals and objectives that have been outlined
by the President as a response to recent extreme weather
events, including Hurricane Sandy, that relate to preparing for
future floods are met.
(b) Scope of Review.--In carrying out the review, the Secretary
shall--
(1) review the historical precedents and implementation of
section 5 of such Act, including those actions undertaken by
the Secretary, over time, under that section--
(A) to repair or restore a project; and
(B) to increase the level of protection for a
damaged project to address future conditions;
(2) evaluate the difference between adopting, as an
appropriate standard under section 5 of such Act, the repair or
restoration of a project to pre-flood or pre-storm levels and
the repair or restoration of a project to a design level of
protection, including an assessment for each standard of--
(A) the implications on populations at risk of
flooding or damage;
(B) the implications on probability of loss of
life;
(C) the implications on property values at risk of
flooding or damage;
(D) the implications on probability of increased
property damage and associated costs;
(E) the implications on local and regional
economies; and
(F) the estimated total cost and estimated cost
savings;
(3) review and evaluate the historic and potential uses,
and economic feasibility for the life of the project, of
nonstructural alternatives, including natural features such as
dunes, coastal wetlands, floodplains, marshes, and mangroves,
to reduce the damage caused by floods, storm surges, winds, and
other aspects of extreme weather events, and to increase the
resiliency and long-term cost-effectiveness of water resources
development projects;
(4) incorporate the science on expected rates of sea-level
rise and extreme weather events; and
(5) incorporate the work completed by the Hurricane Sandy
Rebuilding Task Force, established by Executive Order No. 13632
(December 7, 2012).
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report on the results of the review.
SEC. 123. EMERGENCY COMMUNICATION OF RISK.
(a) In General.--In any river basin where the Secretary carries out
flood risk management activities subject to an annual operating plan,
the Secretary shall establish procedures for providing the public and
affected governments, including Indian tribes, in the river basin
with--
(1) timely information regarding expected water levels;
(2) advice regarding appropriate preparedness actions;
(3) technical assistance; and
(4) any other information or assistance determined
appropriate by the Secretary.
(b) Public Availability of Information.--To the maximum extent
practicable, the Secretary, in coordination with the Administrator of
the Federal Emergency Management Agency, shall make the information
required under subsection (a) available to the public through widely
used and readily available means, including on the Internet.
(c) Procedures.--The Secretary shall utilize the procedures only
when precipitation or runoff exceeds those calculations considered as
the lowest risk to life and property contemplated by the annual
operating plan.
(d) Definitions.--In this section, the following definitions apply:
(1) Affected government.--The term ``affected government''
means a State, local, or tribal government with jurisdiction
over an area that will be affected by a flood.
(2) Annual operating plan.--The term ``annual operating
plan'' means a plan prepared by the Secretary that describes
potential water condition scenarios for a river basin for a
year.
SEC. 124. IMPROVEMENTS TO THE NATIONAL DAM SAFETY PROGRAM ACT.
(a) Administrator.--
(1) In general.--The National Dam Safety Program Act (33
U.S.C. 467 et seq.) is amended by striking ``Director'' each
place it appears and inserting ``Administrator''.
(2) Conforming amendment.--Section 2(3) of such Act (33
U.S.C. 467(3)) is amended in the paragraph heading by striking
``Director'' and inserting ``Administrator''.
(b) Inspection of Dams.--Section 3(b)(1) of such Act (33 U.S.C.
467a(b)(1)) is amended by striking ``or maintenance'' and inserting
``maintenance, condition, or provision for emergency operations''.
(c) National Dam Safety Program.--
(1) Objectives.--Section 8(c)(4) of such Act (33 U.S.C.
467f(c)(4)) is amended to read as follows:
``(4) develop and implement a comprehensive dam safety
hazard education and public awareness initiative to assist the
public in mitigating against, preparing for, responding to, and
recovering from dam incidents;''.
(2) Board.--Section 8(f)(4) of such Act (33 U.S.C.
467f(f)(4)) is amended by inserting ``, representatives from
nongovernmental organizations,'' after ``State agencies''.
SEC. 125. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.
Section 2 of the Freedom to Fish Act (Public Law 113-13; 127 Stat.
449) is amended--
(1) in subsection (b)(1) by striking ``until the date that
is 2 years after the date of enactment of this Act'';
(2) in the heading of subsection (c) by inserting ``or
Modified'' after ``New''; and
(3) in subsection (c)--
(A) in matter preceding paragraph (1) by inserting
``new or modified'' after ``establishes any''; and
(B) in paragraph (3) by striking ``until the date
that is 2 years after the date of enactment of this
Act'' and inserting ``until the Secretary has complied
with the provisions of this subsection''.
SEC. 126. LEVEE SAFETY.
Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended by redesignating subsection (e) as
subsection (f) and inserting after subsection (d) the following:
``(e) Levee Safety.--
``(1) In general.--At the request of a State or political
subdivision thereof, and in consultation with that State and
appropriate non-Federal interests, the Secretary may provide
technical assistance to a State to--
``(A) encourage effective State or local programs
intended to ensure levee safety to protect human life
and property;
``(B) assist the State or political subdivision in
establishing and carrying out a levee safety program;
or
``(C) improve an existing State or local levee
safety program.
``(2) Purposes.--The purposes of technical assistance
provided under this subsection shall be--
``(A) to ensure that human lives and property that
are protected by new and existing levees are safe;
``(B) to encourage the use of appropriate
engineering policies and procedures for levee site
investigation, design, construction, operation and
maintenance, and emergency preparedness;
``(C) to encourage effective levee safety programs
in a State;
``(D) to develop and support public education and
awareness projects to increase public acceptance and
support of levee safety programs;
``(E) to build public awareness of the residual
risks associated with living in levee protected areas;
and
``(F) to develop technical assistance materials,
seminars, and guidelines to improve the security of
levees in the United States.
``(3) Federal guidelines.--
``(A) In general.--In carrying out this subsection,
the Secretary, in consultation with States and non-
Federal interests, shall establish Federal guidelines
relating to levee safety.
``(B) Incorporation of federal activities.--The
guidelines established under subparagraph (A) shall
encompass, to the maximum extent practicable,
activities and practices carried out by appropriate
Federal agencies.
``(C) Incorporation of state and local
activities.--The guidelines established under
subparagraph (A) shall encompass, to the maximum extent
practicable--
``(i) the activities and practices carried
out by States, local governments, and the
private sector to safely build, regulate,
operate, and maintain levees; and
``(ii) Federal activities that facilitate
State efforts to develop and implement
effective State programs for the safety of
levees, including levee inspection, levee
rehabilitation, locally developed flood plain
management, and public education and training
programs.
``(D) Review.--The Secretary shall allow States and
non-Federal interests, including appropriate
stakeholders, to review and comment on the guidelines
established under subparagraph (A) before the
guidelines are made final.
``(4) Assistance for state levee safety programs.--
``(A) Eligibility.--To be eligible for technical
assistance under this subsection, a State shall--
``(i) be in the process of establishing or
have in effect a State levee safety program
under which a State levee safety agency, in
accordance with State law, carries out the
guidelines established under paragraph (3); and
``(ii) allocate sufficient funds in the
budget of that State to carry out such State
levee safety program.
``(B) Work plans.--The Secretary shall enter into
an agreement with each State receiving technical
assistance under this subsection to develop a work plan
necessary for the State levee safety program of that
State to reach a level of program performance that
meets the guidelines established under paragraph (3).
``(C) Inspection programs.--The Secretary shall
work with States receiving technical assistance under
this subsection to develop State technical guidelines
for levee inspection programs that--
``(i) address hazard classifications and
technically based frameworks for levee
assessment; and
``(ii) are incorporated into State levee
safety programs.
``(D) Maintenance of effort.--Technical assistance
may not be provided to a State under this subsection
during a fiscal year unless the State enters into an
agreement with the Secretary to ensure that the State
will maintain during that fiscal year aggregate
expenditures for programs to ensure levee safety that
are at or above the average annual level of such
expenditures for the State for the 2 fiscal years
preceding that fiscal year.''.
SEC. 127. VEGETATION ON LEVEES.
(a) Review.--The Secretary of the Army, in accordance with
subsection (c), shall undertake a comprehensive review of the Corps of
Engineers policy guidelines on vegetation management for levees (in
this section referred to as the ``guidelines''). The Secretary shall
commence the review upon the date of enactment of this Act.
(b) Factors.--
(1) In general.--In conducting the review, the Secretary
shall examine the guidelines in view of--
(A) the varied interests and responsibilities in
managing flood risks, including the need to provide the
greatest levee safety benefit with limited resources;
(B) preserving, protecting, and enhancing natural
resources, including the potential benefit that
vegetation on levees can have in providing habitat for
species of concern;
(C) protecting the rights of Indian tribes pursuant
to treaties and statutes;
(D) determining how vegetation impacts the
performance of a levee or levee system during a storm
or flood event; and
(E) such other factors as the Secretary considers
appropriate.
(2) Regional and watershed considerations.--In conducting
the review, the Secretary shall specifically consider factors
that promote and allow for consideration of potential variances
from national guidelines on a regional or watershed basis. Such
factors may include regional or watershed soil conditions,
hydrologic factors, vegetation patterns and characteristics,
environmental resources, levee performance history,
institutional considerations, and other relevant factors. The
scope of a variance approved by the Secretary may include an
exemption to national guidelines where appropriate.
(c) Cooperation and Recommendations.--
(1) In general.--The review shall be undertaken in
cooperation with interested Federal agencies and in
consultation with interested representatives of State and local
governments, Indian tribes, appropriate nongovernmental
organizations, and the public.
(2) Recommendations.--Corps of Engineers Regional
Integration Teams, representing districts, divisions, and
headquarters, in consultation with State and Federal resources
agencies, and with participation by local agencies, shall
recommend to the Secretary vegetation management policies for
levees that conform with State and Federal laws and other
applicable requirements.
(d) Revision of Guidelines.--
(1) In general.--During the 1-year period beginning on the
date of enactment of this Act, the Secretary shall--
(A) provide the public 30 days to review and
comment on the guidelines;
(B) revise the guidelines based on consideration of
the results of the public review; and
(C) 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
guidelines shall--
(A) provide a practical process for approving
regional or watershed variances from the national
guidelines, reflecting due consideration of measures to
maximize public safety benefits with limited resources,
levee performance, regional climatic and hydrologic
variations, environmental quality, implementation
challenges, and allocation of responsibilities; 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)).
(e) Continuation of Work.--Concurrent with 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.
(f) Interim Rule.--Until the date on which revisions to the
guidelines are adopted under this section, 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.
SEC. 128. REDUCTION OF FEDERAL COSTS.
Section 204(a) of the Water Resources Development Act of 1992 (33
U.S.C. 2326(a)) is amended by adding at the end the following:
``(4) Reducing costs.--To reduce or avoid Federal costs,
the Secretary shall consider the beneficial use of dredged
material in a manner that contributes to the maintenance of
sediment resources in the nearby coastal system.''.
SEC. 129. ADVANCED MODELING TECHNOLOGIES.
(a) In General.--To the greatest extent practicable, the Secretary
shall encourage and incorporate advanced modeling technologies,
including 3-dimensional digital modeling, for activities related to
water resources development projects and studies.
(b) Activities.--In carrying out subsection (a), the Secretary, to
the greatest extent practicable, shall--
(1) compile information related to advanced modeling
technologies, including industry best practices with respect to
the use of the technologies;
(2) disseminate to non-Federal interests the information
described in paragraph (1); and
(3) promote the use of advanced modeling technologies.
(c) Advanced Modeling Technology Defined.--In this section, the
term ``advanced modeling technology'' means an available or developing
technology, including 3-dimensional digital modeling, that can expedite
project delivery for or improve the evaluation of water resources
development projects that receive Federal funding by--
(1) accelerating and improving the environmental review
process;
(2) increasing effective public participation;
(3) enhancing the detail and accuracy of project designs;
(4) increasing safety;
(5) accelerating construction and reducing construction
costs; or
(6) otherwise achieving such purposes.
SEC. 130. ENHANCED USE OF ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
Secretary's actions to carry out section 2301 of title 41, United
States Code, regarding the use of electronic commerce in Federal
procurement.
(b) Contents.--The report submitted under subsection (a) shall
include, with respect to the 2 fiscal years most recently ended before
the fiscal year in which the report is submitted--
(1) an identification of the number, type, and dollar value
of procurement solicitations with respect to which the public
was permitted to respond to the solicitation electronically,
which shall differentiate between solicitations that allowed
full or partial electronic submission;
(2) an analysis of the information provided under paragraph
(1) and actions that could be taken by the Secretary to refine
and improve the use of electronic submission for procurement
solicitation responses;
(3) an analysis of the potential benefits of and obstacles
to implementing fuller use of electronic submission for
procurement solicitation responses, including with respect to
cost savings, error reduction, paperwork reduction, increased
bidder participation, and competition, and expanded use of
electronic bid data collection for cost-effective contract
management and timely reporting; and
(4) an analysis of the options and technologies available
to facilitate expanded implementation of electronic submission
for procurement solicitation responses and the suitability of
each option and technology for contracts of various types and
sizes.
SEC. 131. CORROSION PREVENTION.
(a) In General.--To the greatest extent practicable, the Secretary
shall encourage and incorporate corrosion prevention activities at
water resources development projects.
(b) Activities.--In carrying out subsection (a), the Secretary, to
the greatest extent practicable, shall ensure that contractors
performing work for water resources development projects--
(1) use best practices to carry out corrosion prevention
activities in the field;
(2) use industry recognized standards and corrosion
mitigation and prevention methods when--
(A) determining protective coatings;
(B) selecting materials; and
(C) determining methods of cathodic protection,
design, and engineering for corrosion prevention;
(3) use certified coating application specialists and
cathodic protection technicians and engineers;
(4) use best practices in environmental protection to
prevent environmental degradation, and to ensure careful
handling of all hazardous materials;
(5) demonstrate a history of employing industry-certified
inspectors to ensure adherence to best practices and standards;
and
(6) demonstrate a history of compliance with applicable
requirements of the Occupational Safety and Health
Administration.
(c) Corrosion Prevention Activities Defined.--In this section, the
term ``corrosion prevention activities'' means--
(1) the application and inspection of protective coatings
for complex work involving steel and cementitious structures,
including structures that will be exposed in immersion;
(2) the installation, testing, and inspection of cathodic
protection systems; and
(3) any other activities related to corrosion prevention
the Secretary determines appropriate.
SEC. 132. RESILIENT CONSTRUCTION AND USE OF INNOVATIVE MATERIALS.
The Secretary, to the extent practicable, shall encourage the use
of durable, resilient, and sustainable materials and practices,
including the use of geosynthetic materials, advanced composites, and
innovative technologies, in carrying out the activities of the Corps of
Engineers.
SEC. 133. ASSESSMENT OF WATER SUPPLY IN ARID REGIONS.
(a) In General.--The Secretary shall conduct an assessment of the
management practices, priorities, and authorized purposes at Corps of
Engineers reservoirs in arid regions to determine the effects of such
practices, priorities, and purposes on water supply during periods of
drought.
(b) Report.--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 on the results of
the assessment.
SEC. 134. RIVER BASIN COMMISSIONS.
Section 5019 of the Water Resources Development Act of 2007 (121
Stat. 1201) is amended by adding at the end the following:
``(f) Report.--After each fiscal year, if the Secretary did not
allocate funds in accordance with subsection (b), the Secretary, in
conjunction with the President's next submission to Congress of a
budget under section 1105(a) of title 31, United States Code, shall
submit to Congress a report that describes--
``(1) the reasons why the Secretary did not allocate funds
in accordance with subsection (b) during that fiscal year; and
``(2) the impact, on the jurisdiction of each Commission
specified in subsection (b), of not allocating the funds,
including with respect to--
``(A) water supply allocation;
``(B) water quality protection;
``(C) regulatory review and permitting;
``(D) water conservation;
``(E) watershed planning;
``(F) drought management;
``(G) flood loss reduction;
``(H) recreation; and
``(I) energy development.''.
SEC. 135. SENSE OF CONGRESS REGARDING WATER RESOURCES DEVELOPMENT
BILLS.
(a) Findings.--Congress finds the following:
(1) Between 1986 and 2000, a water resources development
bill was typically enacted every 2 years.
(2) Since 2000, only 1 water resources development bill has
been enacted.
(b) Sense of Congress.--It is the sense of Congress that, because
the missions of the Corps of Engineers are unique and benefit all
individuals in the United States and because water resources
development projects are critical to maintaining economic prosperity,
national security, and environmental protection, Congress should
consider a water resources development bill not less than once every
Congress.
SEC. 136. DONALD G. WALDON LOCK AND DAM.
It is the sense of Congress that, at an appropriate time and in
accordance with the rules of the House of Representatives and the
Senate, to recognize the contributions of Donald G. Waldon, whose
selfless determination and tireless work, while serving as
administrator of the Tennessee-Tombigbee Waterway for 21 years,
contributed greatly to the realization and success of the Tennessee-
Tombigbee Waterway Development Compact, that the lock and dam located
at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and
designated as the ``Donald G. Waldon Lock and Dam''.
SEC. 137. AQUATIC INVASIVE SPECIES.
Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C.
610(a)) is amended by inserting ``and aquatic invasive species'' after
``noxious aquatic plant growths''.
SEC. 138. RECREATIONAL ACCESS.
(a) In General.--The Secretary may not prohibit the use of a
floating cabin on waters under the jurisdiction of the Secretary if--
(1) the floating cabin is in compliance regulations for
recreational vessels issued under chapter 43 of title 46,
United States Code, and section 312 of the Federal Water
Pollution Control Act (33 U.S.C. 1322); and
(2) the Secretary has authorized the use of recreational
vessels on such waters.
(b) Floating Cabin Defined.--In this section, the term ``floating
cabin'' means a vessel, as defined in section 3 of title 1, United
States Code, with overnight accommodations.
SEC. 139. TERRITORIES OF THE UNITED STATES.
Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) by striking ``The Secretary shall waive'' and inserting
``(a) In General.--The Secretary shall waive'';
(2) in subsection (a), as so designated, by inserting
``Puerto Rico,'' before ``and the Trust Territory of the
Pacific Islands''; and
(3) by adding at the end the following:
``(b) Inflation Adjustment.--The Secretary shall adjust the dollar
amount specified in subsection (a) for inflation for the period
beginning on November 17, 1986, and ending on the date of enactment of
this subsection.''.
SEC. 140. SENSE OF CONGRESS REGARDING INTERSTATE WATER AGREEMENTS AND
COMPACTS.
(a) Findings.--Congress finds the following:
(1) States and local interests have primary responsibility
for developing water supplies for domestic, municipal,
industrial, and other purposes.
(2) The Federal Government cooperates with States and local
interests in developing water supplies through the
construction, maintenance, and operation of Federal water
resources development projects.
(3) Interstate water disputes are most properly addressed
through interstate water agreements or compacts that take into
consideration the concerns of all affected States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the Secretary should urge States to reach
agreement on interstate water agreements and compacts;
(2) at the request of the Governor of a State, the
Secretary should facilitate and assist in the development of an
interstate water agreement or compact;
(3) Congress should provide prompt consideration of
interstate water agreements and compacts; and
(4) the Secretary should adopt policies and implement
procedures for the operation of reservoirs of the Corps of
Engineers that are consistent with interstate water agreements
and compacts.
SEC. 141. REPORT ON SURFACE ELEVATIONS AT DROUGHT EFFECTED LAKES.
(a) Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the
FERC, shall initiate an assessment of the effects of drought
conditions on lakes managed by the Secretary that are affected
by FERC-licensed reservoirs, which shall include an assessment
of--
(A) lake levels and rule curves in areas of
previous, current, and prolonged drought; and
(B) the effect the long-term FERC licenses have on
the Secretary's ability to manage lakes for hydropower
generation, navigation, flood protection, water supply,
fish and wildlife, and recreation.
(2) Report.--The Secretary, in coordination with the FERC,
shall submit to Congress a report on the assessment carried out
under paragraph (1).
SEC. 142. FUTURE WATER SUPPLY.
Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Establishment of 10-Year Plans for the Utilization of Future
Storage.--
``(1) In general.--Beginning 180 days after the date of
enactment of this subsection and not later than January 1,
2016, the Secretary may accept from an interested State or
local interest a submission of a plan for the utilization of
future use water storage under this Act.
``(2) Contents.--A plan submitted under paragraph (1) shall
include--
``(A) a 10-year timetable for conversion of future
use storage to present use; and
``(B) a schedule of actions that the State or local
interest agrees to carry out over a 10-year period, in
cooperation with the Corps of Engineers, to seek new
and alternative users of future water storage that is
contracted to the State or local interest on the date
of enactment of this subsection.''.
SEC. 143. CONGRESSIONAL CONSENT FOR NEW PROJECT PURPOSES.
Nothing in this Act authorizes the Secretary to carry out, at a
Corps of Engineers dam or reservoir, any project for a purpose not
otherwise authorized as of the date of enactment of this Act.
SEC. 144. 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
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, the Committee on Natural
Resources, and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Appropriations and the Committee on Environment
and Public Works of the Senate a report describing the
coordinated strategies established and progress made toward the
goals of controlling and eliminating Asian carp in the Upper
Mississippi and Ohio River basins and tributaries.
(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;
(D) any quantitative measures that the Director
intends to use to document progress in controlling the
spread of Asian carp; and
(E) a cross-cut accounting of Federal and non-
Federal expenditures to control the spread of Asian
carp.
SEC. 145. AQUATIC INVASIVE SPECIES PREVENTION AND CONTROL.
(a) Assessment.--The Comptroller General of the United States shall
conduct an assessment of the Federal costs of, and spending on, aquatic
invasive species.
(b) Contents.--The assessment conducted under subsection (a) shall
include--
(1) identification of current Federal spending on, and
projected future Federal costs of, operation and maintenance
related to mitigating the impacts of aquatic invasive species
on federally owned or operated facilities;
(2) identification of current Federal spending on aquatic
invasive species prevention;
(3) analysis of whether spending identified in paragraph
(2) is adequate for the maintenance and protection of services
provided by federally owned or operated facilities, based on
the current spending and projected future costs identified in
paragraph (1); and
(4) review of any other aspect of aquatic invasive species
prevention or mitigation determined appropriate by the
Comptroller General.
(c) Findings.--Not later than one year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Environment and Public Works and the Committee on Energy and Natural
Resources of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Natural Resources of the House of
Representatives a report containing the findings of the assessment
conducted under subsection (a).
SEC. 146. NATIONAL OCEAN POLICY IMPLEMENTATION.
(a) Findings.--Congress finds that--
(1) the July 19, 2010, Executive Order No. 13547 that
established the ``National Policy for the Stewardship of the
Ocean, Our Coasts, and the Great Lakes'' (in this section
referred to as the ``National Ocean Policy'') among other
things requires Federal implementation of ``ecosystem-based
management'' to achieve a ``fundamental shift'' in how the
United States manages ocean, coastal, and Great Lakes
resources, and the establishment of 9 new governmental
``Regional Planning Bodies'' and ``Coastal and Marine Spatial
Plans'' in every region of the United States;
(2) Executive Order No. 13547 created a 54-member National
Ocean Council led by the White House Council on Environmental
Quality and Office of Science and Technology Policy that
includes principal and deputy-level representatives from
Federal entities, including the Department of Defense;
(3) Executive Order No. 13547 requires National Ocean
Council members, including the Department of Defense, to take
action to implement the National Ocean Policy and participate
in Coastal and Marine Spatial Planning to the fullest extent;
(4) the Final Recommendations that were adopted by
Executive Order No. 13547 state that ``effective''
implementation of the National Ocean Policy will ``require
clear and easily understood requirements and regulations, where
appropriate, that include enforcement as a critical
component'';
(5) despite repeated congressional requests, the National
Ocean Council, which is charged with overseeing National Ocean
Policy implementation, has still not provided a complete
accounting of Federal activities taken and resources expended
and allocated in furtherance of National Ocean Policy
implementation;
(6) the Corps of Engineers is participating on at least one
``Coastal and Marine Spatial Planning Regional Team''; and
(7) the Nation's continued economic and budgetary
challenges underscore the necessity for sound, transparent, and
practical Federal policies.
(b) Prohibition.--None of the programs or actions authorized under
this Act may be used to further implementation of the coastal and
marine spatial planning and ecosystem-based management components of
the National Ocean Policy developed under Executive Order No. 13547.
(c) Study.--Not later than 90 days 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
Commerce, Science, and Transportation of the Senate a report detailing
all activities engaged in and resources expended in furtherance of
Executive Order No. 13547 since it was issued on July 19, 2010, as well
as any fiscal year 2014 budget requests in support of National Ocean
Policy implementation.
SEC. 147. CALCULATION OF BENEFITS AND COSTS FOR FLOOD DAMAGE REDUCTION
AND HURRICANE AND STORM DAMAGE REDUCTION PROJECTS.
(a) In General.--A feasibility study conducted by the Secretary for
a project for flood damage reduction or hurricane and storm damage
reduction shall include, as part of the calculation of benefits and
costs--
(1) a calculation of the anticipated reduction in flood or
hurricane damage to public and private property and
infrastructure resulting from the completion of the proposed
project;
(2) a calculation of the anticipated direct and indirect
economic benefits resulting from the completion of the proposed
project, including such benefits from any potential reductions
in national and regional economic volatility, disruptions, and
losses; and
(3) a calculation of the anticipated benefits to public
safety, including protection of evacuation routes, resulting
from the completion of the proposed project.
(b) Applicability.--This section shall apply to any feasibility
study for a project for flood damage reduction or hurricane and storm
damage reduction that has not been completed before the date of
enactment of this Act.
TITLE II--NAVIGATION IMPROVEMENTS
Subtitle A--Ports
SEC. 201. EXPANDED USE OF HARBOR MAINTENANCE TRUST FUND.
(a) In General.--For any fiscal year in which target appropriations
described in subsection (b) are met, the Secretary may use up to 5
percent of the total amount made available to the Secretary from the
Harbor Maintenance Trust Fund for the eligible operations and
maintenance costs described in section 210(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(a)(2)) for that fiscal year for
expanded uses of the Harbor Maintenance Trust Fund.
(b) Target Appropriations.--For purposes of this section, target
appropriations are met for a fiscal year if the total amount made
available to the Secretary from the Harbor Maintenance Trust Fund for
that fiscal year equals or exceeds, as determined by the Secretary, the
following:
(1) For fiscal year 2014, 65 percent of the total amount of
harbor maintenance taxes received in fiscal year 2013.
(2) For fiscal year 2015, 67 percent of the total amount of
harbor maintenance taxes received in fiscal year 2014.
(3) For fiscal year 2016, 69 percent of the total amount of
harbor maintenance taxes received in fiscal year 2015.
(4) For fiscal year 2017, 71 percent of the total amount of
harbor maintenance taxes received in fiscal year 2016.
(5) For fiscal year 2018, 73 percent of the total amount of
harbor maintenance taxes received in fiscal year 2017.
(6) For fiscal year 2019, 75 percent of the total amount of
harbor maintenance taxes received in fiscal year 2018.
(7) For fiscal year 2020, and each fiscal year thereafter,
80 percent of total amount of harbor maintenance taxes received
in the previous fiscal year.
(c) Definitions.--In this section, the following definitions apply:
(1) Eligible harbors and inland harbors defined.--The term
``eligible harbor or inland harbor'' means a harbor or inland
harbor that, historically, as determined by the Secretary--
(A) generates an amount of harbor maintenance
taxes; that exceeds
(B) the value of work carried out for the harbor or
inland harbor using amounts from the Harbor Maintenance
Trust Fund.
(2) Expanded uses.--The term ``expanded uses'' means the
following activities performed for an eligible harbor or inland
harbor:
(A) The maintenance dredging of a berth in a harbor
that is accessible to a Federal navigation project and
that benefits commercial navigation at the harbor.
(B) The maintenance dredging and disposal of
legacy-contaminated sediment, and sediment unsuitable
for open water disposal, if--
(i) such dredging and disposal benefits
commercial navigation at the harbor; and
(ii) such sediment--
(I) is located in and affects the
maintenance of a Federal navigation
project; or
(II) is located in a berth that is
accessible to a Federal navigation
project.
(3) Total amount of harbor maintenance taxes received.--The
term ``total amount of harbor maintenance taxes received''
means, with respect to a fiscal year, the aggregate of amounts
appropriated, transferred, or credited to the Harbor
Maintenance Trust Fund under section 9505(a) of the Internal
Revenue Code of 1986 for that fiscal year as set forth in the
current year estimate provided in the President's budget
request for the subsequent fiscal year, submitted pursuant to
section 1105 of title 31, United States Code.
(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)''.
(e) Sense of Congress.--It is the sense of Congress that any
increase in harbor maintenance programs described in this section shall
result from an overall increase in appropriations for the civil works
program of the Corps of Engineers and not from similar reductions in
the appropriations for other programs, projects, and activities carried
out by the Corps of Engineers for other authorized purposes.
SEC. 202. ASSESSMENT AND PRIORITIZATION OF OPERATION AND MAINTENANCE.
(a) Assessment.--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) Assessment of Operation and Maintenance Needs.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, and biennially thereafter, the
Secretary shall assess the operation and maintenance needs of
the harbors referred to in subsection (a)(2).
``(2) Types of harbors.--In carrying out paragraph (1), the
Secretary shall assess the operation and maintenance needs of
the harbors used for--
``(A) commercial navigation;
``(B) commercial fishing;
``(C) subsistence, including utilization by Indian
tribes (as such term is defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)) for subsistence and ceremonial
purposes;
``(D) use as a harbor of refuge;
``(E) transportation of persons;
``(F) purposes relating to domestic energy
production, including the fabrication, servicing, or
supply of domestic offshore energy production
facilities;
``(G) activities of the Secretary of the department
in which the Coast Guard is operating;
``(H) activities of the Secretary of the Navy;
``(I) public health and safety related equipment
for responding to coastal and inland emergencies;
``(J) recreation purposes; and
``(K) any other authorized purpose.
``(3) Report to congress.--For fiscal year 2015, and
biennially thereafter, in conjunction with the President's
annual budget submission to Congress under section 1105(a) of
title 31, United States Code, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that, with respect to harbors
referred to in subsection (a)(2)--
``(A) identifies the operation and maintenance
costs associated with the harbors, including those
costs required to achieve and maintain the authorized
length, width, and depth for the harbors and the costs
for expanded uses (as such term is defined in section
201(c)(2) of the Water Resources Reform and Development
Act of 2013), on a project-by-project basis;
``(B) identifies the amount of funding requested in
the President's budget for the operation and
maintenance costs associated with the harbors, on a
project-by-project basis;
``(C) identifies the unmet operation and
maintenance needs associated with the harbors, on a
project-by-project basis; and
``(D) identifies the harbors for which the
President will allocate funding over the next 5 fiscal
years for operation and maintenance activities, on a
project-by-project basis, including the amounts to be
allocated for such purposes.''.
(b) Operation and Maintenance of Emerging Harbor Projects.--Section
210 of such Act (33 U.S.C. 2238) is further amended by adding at the
end the following:
``(d) Operation and Maintenance of Emerging Harbor Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall make expenditures to pay for operation and
maintenance costs of the harbors referred to in subsection
(a)(2), including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable allocation
of funds among all such harbors, regardless of the size or
tonnage throughput of the harbor.
``(2) Criteria.--In determining the equitable allocation of
funds under paragraph (1), the Secretary shall--
``(A) utilize the information obtained in the
assessment conducted under subsection (c);
``(B) consider the national and regional
significance of harbor operation and maintenance;
``(C) where appropriate, consider national security
and military readiness needs in consultation with the
Secretary of the Navy; and
``(D) not make such allocation based solely on the
tonnage transiting through a harbor.
``(3) Emerging harbors.--
``(A) In general.--Notwithstanding paragraph (1),
in making expenditures described in paragraph (1) for
each of fiscal years 2015 and 2016, the Secretary shall
allocate not less than 10 percent of the total amount
of the expenditures to pay for operation and
maintenance costs of emerging harbors.
``(B) Emerging harbor defined.--In this paragraph,
the term `emerging harbor' means a harbor referred to
in subsection (a)(2) that transits less than 1,000,000
tons of commerce annually.
``(4) Emergency expenditures.--Nothing in this subsection
may be construed to prohibit the Secretary from making an
expenditure to pay for the operation and maintenance costs of a
specific harbor, including the transfer of funding from the
operation and maintenance of a separate project, if--
``(A) the Secretary determines that the action is
necessary to address the navigation needs of a harbor
where safe navigation has been severely restricted due
to an unforeseen event; and
``(B) the Secretary provides advance notice and
information on the need for the action to the Committee
on Transportation and Infrastructure and the Committee
on Appropriations of the House of Representatives and
the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate.
``(5) Management of great lakes navigation system.--To
sustain effective and efficient operation and maintenance of
the Great Lakes Navigation System, including any navigation
feature in the Great Lakes that is a Federal responsibility
with respect to operation and maintenance, the Secretary shall
manage and allocate funding for all of the individually
authorized projects in the Great Lakes Navigation System as
components of a single, comprehensive system, recognizing the
interdependence of the projects.''.
SEC. 203. PRESERVING UNITED STATES HARBORS.
(a) In General.--The Secretary may enter into an agreement with a
non-Federal interest, at the request of the non-Federal interest, under
which the Secretary agrees to maintain a navigation project for a
harbor or inland harbor (in this section referred to as a ``federally
authorized harbor'') in accordance with section 101(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)).
(b) Report by Non-Federal Interest.--
(1) In general.--To be eligible to enter into an agreement
under subsection (a) with respect to a federally authorized
harbor, a non-Federal interest shall submit to the Secretary a
report justifying economic investment in maintenance of the
harbor.
(2) Justification of investment.--A report submitted under
paragraph (1) may justify economic investment in the
maintenance of a federally authorized harbor based on--
(A) projected economic benefits, including
transportation savings and job creation; and
(B) other factors, including navigation safety,
national security, and sustainability of subsistence
harbors.
(3) Termination of certain agreements.--An agreement
entered into under subsection (a) with respect to a federally
authorized harbor shall contain terms to allow the Secretary to
terminate the agreement if the Secretary determines that
Federal economic investment in maintaining the harbor is no
longer justified.
(c) Limitation on Statutory Construction.--Nothing in this section
may be construed to preclude the operation and maintenance of a
federally authorized harbor under section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)).
SEC. 204. CONSOLIDATION OF DEEP DRAFT NAVIGATION EXPERTISE.
Section 2033(e) of the Water Resources Development Act of 2007 (33
U.S.C. 2282a(e)) is amended by adding at the end the following:
``(3) Deep draft navigation planning center of expertise.--
``(A) In general.--The Secretary shall consolidate
deep draft navigation expertise within the Corps of
Engineers into a deep draft navigation planning center
of expertise.
``(B) List.--Not later than 60 days after the date
of the consolidation required under subparagraph (A),
the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a list of personnel,
including the grade levels and expertise of the
personnel, assigned to the center described in
subparagraph (A).''.
SEC. 205. DISPOSAL SITES.
(a) In General.--The Secretary, in accordance with subsections (b)
and (c) and with the concurrence of the Administrator of the
Environmental Protection Agency, is authorized to reopen the Cape
Arundel Disposal Site (in this section referred to as the ``Site'') 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)).
(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.
SEC. 206. 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.
Subtitle B--Inland Waterways
SEC. 211. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506(a) of the Internal Revenue Code of
1986.
(2) Qualifying project.--The term ``qualifying project''
means any construction or major rehabilitation project for
navigation infrastructure of the inland and intracoastal
waterways that is--
(A) authorized before, on, or after the date of
enactment of this Act;
(B) not completed on the date of enactment of this
Act; and
(C) funded at least in part from the Inland
Waterways Trust Fund.
SEC. 212. PROJECT DELIVERY PROCESS REFORMS.
(a) Requirements for Qualifying Projects.--With respect to each
qualifying project, the Secretary shall require--
(1) for each project manager, that--
(A) the project manager have formal project
management training and certification; and
(B) the project manager be assigned from among
personnel certified by the Chief of Engineers; and
(2) for an applicable cost estimation, that--
(A) the Secretary utilize a risk-based cost
estimate with a confidence level of at least 80
percent; and
(B) the cost estimate be implemented--
(i) for a qualifying project that requires
an increase in the authorized amount in
accordance with section 902 of the Water
Resources Development Act of 1986 (33 U.S.C.
2280), during the preparation of a post-
authorization change report or other similar
decision document;
(ii) for a qualifying project for which the
first construction contract has not been
awarded, prior to the award of the first
construction contract;
(iii) for a qualifying project without a
completed feasibility report in accordance with
section 905 of the Water Resources Development
Act of 1986 (33 U.S.C. 2282), prior to the
completion of such a report; and
(iv) for a qualifying project with a
completed feasibility report in accordance with
section 905 of the Water Resources Development
Act of 1986 (33 U.S.C. 2282) that has not yet
been authorized, during design for the
qualifying project.
(b) Additional Project Delivery Process Reforms.--Not later than 18
months after the date of enactment of this Act, the Secretary shall--
(1) establish a system to identify and apply on a
continuing basis best management practices from prior or
ongoing qualifying projects to improve the likelihood of on-
time and on-budget completion of qualifying projects;
(2) evaluate early contractor involvement acquisition
procedures to improve on-time and on-budget project delivery
performance; and
(3) implement any additional measures that the Secretary
determines will achieve the purposes of this subtitle,
including--
(A) the implementation of applicable practices and
procedures developed pursuant to management by the
Secretary of an applicable military construction
program;
(B) the development and use of a portfolio of
standard designs for inland navigation locks;
(C) the use of full-funding contracts or
formulation of a revised continuing contracts clause;
and
(D) the establishment of procedures for
recommending new project construction starts using a
capital projects business model.
(c) Pilot Projects.--
(1) In general.--Subject to paragraph (2), the Secretary
may carry out pilot projects to evaluate processes and
procedures for the study, design, and construction of
qualifying projects.
(2) Inclusions.--At a minimum, the Secretary shall carry
out pilot projects under this subsection to evaluate--
(A) early contractor involvement in the development
of features and components;
(B) an appropriate use of continuing contracts for
the construction of features and components; and
(C) applicable principles, procedures, and
processes used for military construction projects.
(d) Inland Waterways 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 completed feasibility report in
accordance with section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) 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) advice and recommendations on the development
of a long-term capital investment program in accordance
with subsection (d).
``(3) Project development teams.--The chairperson of the
Users Board shall appoint a representative of the Users Board
to serve as an informal advisor to the project development team
for a qualifying project or the study or design of a commercial
navigation feature or component of the inland waterways and
inland harbors of the United States.
``(4) Independent judgment.--Any advice or recommendation
made by the Users Board to the Secretary shall reflect the
independent judgment of the Users Board.'';
(2) by striking subsection (c) and inserting the following:
``(c) Duties of Secretary.--The Secretary shall--
``(1) communicate not less than once each quarter to the
Users Board the status of the study, design, or construction of
all commercial navigation features or components of the inland
waterways or inland harbors of the United States; and
``(2) submit to the Users Board a courtesy copy of all
completed feasibility reports relating to a commercial
navigation feature or component of the inland waterways or
inland harbors of the United States.
``(d) Capital Investment Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination
with the Users Board, shall develop and submit to Congress a
report describing a 20-year program for making capital
investments on the inland and intracoastal waterways based on
the application of objective, national project selection
prioritization criteria.
``(2) Consideration.--In developing the program under
paragraph (1), the Secretary shall take into consideration the
20-year capital investment strategy contained in the Inland
Marine Transportation System (IMTS) Capital Projects Business
Model, Final Report published on April 13, 2010, as approved by
the Users Board.
``(3) Criteria.--In developing the plan and prioritization
criteria under paragraph (1), the Secretary shall ensure, to
the maximum extent practicable, that investments made under the
20-year program described in paragraph (1)--
``(A) are made in all geographical areas of the
inland waterways system; and
``(B) ensure efficient funding of inland waterways
projects.
``(4) Strategic review and update.--Not later than 5 years
after the date of enactment of this subsection, and not less
frequently than once every 5 years thereafter, the Secretary,
in coordination with the Users Board, shall--
``(A) submit to Congress a strategic review of the
20-year program in effect under this subsection, which
shall identify and explain any changes to the project-
specific recommendations contained in the previous 20-
year program (including any changes to the
prioritization criteria used to develop the updated
recommendations); and
``(B) make revisions to the program, as
appropriate.
``(e) Project Management Plans.--The chairperson of the Users Board
and the project development team member appointed by the chairperson
under subsection (b)(3) may sign the project management plan for the
qualifying project or the study or design of a commercial navigation
feature or component of the inland waterways and inland harbors of the
United States.
``(f) Administration.--The Users Board shall be subject to the
Federal Advisory Committee Act, other than section 14, and, with the
consent of the appropriate agency head, the Users Board may use the
facilities and services of any Federal agency. For the purposes of
complying with such Act, the members of the Users Board shall not be
considered special Government employees (as defined in section 202 of
title 18, United States Code). Non-Federal members of the Users Board
while engaged in the performance of their duties away from their homes
or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code.''.
SEC. 213. EFFICIENCY OF REVENUE COLLECTION.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall prepare a report on the
efficiency of collecting the fuel tax for the Inland Waterways Trust
Fund, which shall include--
(1) an evaluation of whether current methods of collection
of the fuel tax result in full compliance with requirements of
the law;
(2) whether alternative methods of collection would result
in increased revenues into the Inland Waterways Trust Fund; and
(3) an evaluation of alternative collection options.
SEC. 214. INLAND WATERWAYS REVENUE STUDIES.
(a) Inland Waterways Construction Bonds Study.--
(1) Study.--The Secretary, in coordination with the
Secretary of the Treasury, shall conduct a study on the
feasibility of authorizing the issuance of federally tax-exempt
bonds secured against the available proceeds, including
projected annual receipts, in the Inland Waterways Trust Fund
established by section 9506(a) of the Internal Revenue Code of
1986.
(2) Contents.--In carrying out the study, the Secretary and
the Secretary of the Treasury shall examine the implications of
issuing such bonds, including the potential revenues that could
be generated and the projected net cost to the Treasury,
including loss of potential revenue.
(3) Consultation.--In carrying out the study, the Secretary
and the Secretary of the Treasury, at a minimum, shall consult
with--
(A) representatives of the Inland Waterway Users
Board established by section 302 of the Water Resources
Development Act of 1986 (33 U.S.C. 2251);
(B) representatives of the commodities and bulk
cargos that are currently shipped for commercial
purposes on the segments of the inland and intracoastal
waterways listed in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804);
(C) representatives of other users of locks and
dams on the inland and intracoastal waterways,
including persons owning, operating, using, or
otherwise benefitting from--
(i) hydropower generation facilities;
(ii) electric utilities that rely on the
waterways for cooling of existing electricity
generation facilities;
(iii) municipal and industrial water
supply;
(iv) recreation;
(v) irrigation water supply; or
(vi) flood damage reduction;
(D) other stakeholders associated with the inland
and intracoastal waterways, as identified by the
Secretary or the Secretary of the Treasury; and
(E) the heads of other appropriate Federal
agencies, including the Secretary of Transportation,
the Secretary of the Interior, and the Administrator of
the Environmental Protection Agency.
(4) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary and the Secretary
of the Treasury shall submit a joint report on the results of
the study to--
(A) the Committee on Transportation and
Infrastructure, the Committee on Ways and Means, and
the Committee on the Budget of the House of
Representatives; and
(B) the Committee on Environment and Public Works,
the Committee on Finance, and the Committee on the
Budget of the Senate.
(b) Potential Fees for Beneficiaries and Users of Inland and
Intracoastal Waterways Infrastructure.--
(1) In general.--The Secretary shall conduct a study and
submit to Congress a report on potential user fees and revenues
from other sources that could be collected to generate
additional revenues for the Inland Waterways Trust Fund
established by section 9506(a) of the Internal Revenue Code of
1986.
(2) Scope of study.--
(A) In general.--In carrying out the study, the
Secretary shall evaluate an array of potential user
fees and other revenues options that, when combined
with funds generated by section 4042 of the Internal
Revenue Code of 1986, are sufficient to support one-
half of annual construction expenditure levels of
$380,000,000 for the authorized purposes of the Inland
Waterways Trust Fund.
(B) Potential revenue options for study.--In
carrying out the study, the Secretary, at a minimum,
shall evaluate potential user fees and other revenue
options identified in--
(i) the report of the Congressional Budget
Office entitled ``Paying for Highways, Airways,
and Waterways: How Can Users Be Charged?'',
dated May 1, 1992;
(ii) the draft bill submitted by the
Assistant Secretary of the Army (Civil Works)
to Congress entitled the ``Lock User Fee Act of
2008'', dated April 4, 2008;
(iii) the Inland Marine Transportation
System (IMTS) Capital Projects Business Model,
Final Report, published on April 12, 2010, as
approved by the Inland Waterways Users Board
established by section 302 of the Water
Resources Development Act of 1986 (33 U.S.C.
2251); and
(iv) the draft bill submitted by the
President to Congress entitled the ``Inland
Waterways Capital Investment Act of 2011'',
dated September 2011.
(3) Conduct of study.--In carrying out the study, the
Secretary shall--
(A) take into consideration whether the potential
user fees and revenues from other sources--
(i) are equitably associated with the
construction, operation, and maintenance of
inland and intracoastal waterway
infrastructure, including locks, dams, and
navigation channels; and
(ii) can be efficiently collected;
(B) consult with, at a minimum--
(i) representatives of the Inland Waterways
Users Board; and
(ii) representatives of other nonnavigation
beneficiaries of inland and intracoastal
waterway infrastructure, including persons
benefitting from--
(I) municipal water supply;
(II) hydropower;
(III) recreation;
(IV) industrial water supply;
(V) flood damage reduction;
(VI) agricultural water supply;
(VII) environmental restoration;
(VIII) local and regional economic
development; or
(IX) local real estate interests;
and
(iii) representatives of other interests,
as identified by the Secretary; and
(C) provide the opportunity for public hearings in
each of the geographic regions that contain segments of
the inland and intracoastal waterways listed in section
206 of the Inland Waterways Revenue Act of 1978 (33
U.S.C. 1804).
(4) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit a
report on the results of the study to--
(A) the Committee on Transportation and
Infrastructure, the Committee on Ways and Means, and
the Committee on the Budget of the House of
Representatives; and
(B) the Committee on Environment and Public Works,
the Committee on Finance, and the Committee on the
Budget of the Senate.
SEC. 215. INLAND WATERWAYS STAKEHOLDER ROUNDTABLE.
(a) In General.--The Secretary shall conduct an inland waterways
stakeholder roundtable to provide for a review and evaluation of
alternative approaches--
(1) to address the financial needs of the Inland Waterways
Trust Fund; and
(2) to support the water infrastructure needs of the Inland
Waterways System.
(b) Selection of Participants.--
(1) In general.--Not later than 45 days after the date on
which the Secretary submits to Congress the report required by
section 214(b), the Secretary shall select individuals to be
invited to participate in the stakeholder roundtable.
(2) Composition.--The individuals selected under paragraph
(1) shall include--
(A) representatives of affected shippers and
suppliers;
(B) representatives of State and Federal water
managers; and
(C) other interested persons with direct knowledge
of the Inland Waterways System.
(c) Framework and Agenda.--The Secretary shall work with a group of
the individuals selected under subsection (b) to develop the framework
and agenda for the stakeholder roundtable.
(d) Conduct of Stakeholder Roundtable.--
(1) In general.--Not later than 120 days after the date on
which the Secretary submits to Congress the report required by
section 214(b), the Secretary shall conduct the stakeholder
roundtable.
(2) Issues to be discussed.--The stakeholder roundtable
shall provide for the review and evaluation described in
subsection (a) and shall include the following:
(A) An evaluation of alternatives that have been
developed to address funding options for the Inland
Waterways System.
(B) An evaluation of the funding status of the
Inland Waterways Trust Fund.
(C) Prioritization of the ongoing and projected
water infrastructure needs of the Inland Waterways
System.
(D) Identification of a process forward for meeting
such needs, with timeline for addressing the funding
challenges for the inland waterways trust system.
(e) Report to Congress.--Not later than 180 days after the date on
which the Secretary submits to Congress the report required by section
214(b), the Secretary shall submit to Congress a report that contains--
(1) a summary the stakeholder roundtable, including areas
of concurrence on funding approaches and areas or disagreement
in meeting funding needs; and
(2) recommendations developed by the Secretary for logical
next steps to address the issues discussed at the stakeholder
roundtable.
SEC. 216. PRESERVING THE INLAND WATERWAY TRUST FUND.
(a) Olmsted Project Reform.--
(1) In general.--Notwithstanding section 3(a)(6) of the
Water Resources Development Act of 1988 (102 Stat. 4013), for
each fiscal year beginning after the date of enactment of this
Act, 25 percent of the cost of construction for the Olmsted
Project shall be paid from amounts appropriated from the Inland
Waterways Trust Fund.
(2) Definition.--In this subsection the term ``Olmsted
Project'' means the project for navigation, Lower Ohio River,
Locks 52 and 53, Illinois and Kentucky, authorized by section
3(a)(6) of the Water Resources Development Act of 1988 (102
Stat. 4013).
(3) Sense of congress.--It is the sense of Congress that
the appropriation for the Olmsted project should be not less
than $150,000,000 for each fiscal year until construction of
the project is completed.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate regarding the lessons learned from the
experience of planning and constructing the Olmsted Project and
how such lessons might apply to future inland waterway studies
and projects.
(b) Annual Report on Progress and Costs.--For any inland waterways
project that the Secretary carries out that has an estimated total cost
of $500,000,000 or more, the Secretary shall submit to the
congressional committees referred to in subsection (a)(4) an annual
financial plan for the project. The plan shall be based on detailed
annual estimates of the cost to complete the remaining elements of the
project and on reasonable assumptions, as determined by the Secretary,
of any future increases of the cost to complete the project.
SEC. 217. PUBLIC COMMENT ON LOCK OPERATIONS.
At least 90 days before carrying out a proposed modification to the
operation of a lock at a project for navigation on the inland
waterways, the Secretary shall--
(1) provide notice of the proposed modification in the
Federal Register; and
(2) accept public comments on the proposed modification.
SEC. 218. ASSESSMENT OF OPERATION AND MAINTENANCE NEEDS OF THE ATLANTIC
INTRACOASTAL WATERWAY AND THE GULF INTRACOASTAL WATERWAY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall assess the operation and maintenance
needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway.
(b) Types of Activities.--In carrying out subsection (a), the
Secretary shall assess the operation and maintenance needs of the
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as
used for the following purposes:
(1) Commercial navigation.
(2) Commercial fishing.
(3) Subsistence, including utilization by Indian tribes (as
such term is defined by section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b))
for subsistence and ceremonial purposes.
(4) Use as ingress and egress to harbors of refuge.
(5) Transportation of persons.
(6) Purposes relating to domestic energy production,
including fabrication, servicing, and supply of domestic
offshore energy production facilities.
(7) Activities of the Secretary of the department in which
the Coast Guard is operating.
(8) Public health and safety related equipment for
responding to coastal and inland emergencies.
(9) Recreation purposes.
(10) Any other authorized purpose.
(c) Report to Congress.--For fiscal year 2015, and biennially
thereafter, in conjunction with the President's annual budget
submission to Congress under section 1105(a) of title 31, United States
Code, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that, with respect
to the Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway--
(1) identifies the operation and maintenance costs required
to achieve the authorized length, width, and depth;
(2) identifies the amount of funding requested in the
President's budget for operation and maintenance costs; and
(3) identifies the unmet operation and maintenance needs of
the Atlantic Intracoastal Waterway and the Gulf Intracoastal
Waterway.
SEC. 219. UPPER MISSISSIPPI RIVER PROTECTION.
(a) Economic Impact Study.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall conduct a study and
submit to Congress a report on the impact of closing the Upper St.
Anthony Falls Lock and Dam on the economy and the environment,
including an assessment of the annual average tonnage moving through
the Upper St. Anthony Falls Lock and Dam during the preceding 5 years.
(b) Mandatory Closure.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall close the Upper St. Anthony
Falls Lock and Dam if the Secretary determines pursuant to the study
conducted under subsection (a), or based on other appropriate
information made available to the Secretary, that the annual average
tonnage moving through the Upper St. Anthony Falls Lock and Dam during
the preceding 5 years was not more than 1,500,000 tons.
(c) Emergency Operations.--Nothing in this section may be construed
to prevent the Secretary from carrying out emergency lock operations
necessary to mitigate flood damage.
(d) Upper St. Anthony Falls Lock and Dam Defined.--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.
SEC. 220. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT.
Section 1117 of the Water Resources Development Act of 1986 (100
Stat. 4236) is amended to read as follows:
``SEC. 1117. W.D. MAYO LOCK AND DAM.
``(a) In General.--The Cherokee Nation of Oklahoma may--
``(1) design and construct one or more hydroelectric
generating facilities at the W.D. Mayo Lock and Dam on the
Arkansas River, Oklahoma; and
``(2) market the electricity generated from any such
facility.
``(b) Preconstruction Requirements.--
``(1) Permits.--Before the date on which construction of a
hydroelectric generating facility begins under subsection (a),
the Cherokee Nation shall obtain any permit required under
Federal or State law, except that the Cherokee Nation shall be
exempt from licensing requirements that may otherwise apply to
construction, operation, or maintenance of the facility under
the Federal Power Act (16 U.S.C. 791a et seq.).
``(2) Review of plans and specifications.--The Cherokee
Nation may initiate the design or construction of a
hydroelectric generating facility under subsection (a) only
after the Secretary reviews and approves the plans and
specifications for the design and construction.
``(c) Payment of Design and Construction Costs.--
``(1) In general.--The Secretary may accept funds offered
by the Cherokee Nation and use such funds to carry out the
design and construction of a hydroelectric generating facility
under subsection (a).
``(2) Allocation of costs.--The Cherokee Nation shall--
``(A) bear all costs associated with the design and
construction of a hydroelectric generating facility
under subsection (a); and
``(B) provide any funds necessary for the design
and construction to the Secretary prior to the
Secretary initiating any activities related to the
design and construction.
``(d) Assumption of Liability.--The Cherokee Nation shall--
``(1) hold all title to a hydroelectric generating facility
constructed under subsection (a) and may, subject to the
approval of the Secretary, assign such title to a third party;
``(2) be solely responsible for--
``(A) the operation, maintenance, repair,
replacement, and rehabilitation of the facility; and
``(B) the marketing of the electricity generated by
the facility; and
``(3) release and indemnify the United States from any
claims, causes of action, or liabilities that may arise out of
any activity undertaken to carry out this section.
``(e) Assistance Available.--The Secretary may provide technical
and construction management assistance requested by the Cherokee Nation
relating to the design and construction of a hydroelectric generating
facility under subsection (a).
``(f) Third Party Agreements.--The Cherokee Nation may enter into
agreements with the Secretary or a third party that the Cherokee Nation
or the Secretary determines are necessary to carry out this section.''.
TITLE III--DEAUTHORIZATIONS AND BACKLOG PREVENTION
SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes.--The purposes of this section are--
(1) to identify $12,000,000,000 in water resources
development projects authorized by Congress that are no longer
viable for construction due to--
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer
relevant or feasible;
(2) to create an expedited and definitive process to
deauthorize water resources development projects that are no
longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) Deauthorization of Projects Authorized Before WRDA 2007.--
(1) In general.--Not later than 90 days 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, and shall publish in the Federal Register,
a report that lists each authorized water resources development
project, or separable element of a project, authorized for
construction before November 8, 2007--
(A) for which--
(i) construction was not initiated before
the date of enactment of this Act; or
(ii) construction was initiated before the
date of enactment of this Act, but for which no
funds, Federal or non-Federal, were obligated
for construction of the project or separable
element during the 5-year period ending on July
1, 2013; and
(B) that is identified in accordance with paragraph
(3).
(2) Special rule for ongoing construction.--A project or
separable element shall not be listed pursuant to paragraph
(1)(A)(ii) if the project or separable element is being
constructed as of the date of enactment of this Act.
(3) Identification of projects.--
(A) In general.--The Secretary shall identify in
the report submitted under paragraph (1) projects and
separable elements that--
(i) meet the requirements described in
subparagraph (A) of that paragraph; and
(ii) in the aggregate have an estimated
Federal cost to complete (as of the date of the
report) that is at least $12,000,000,000.
(B) Sequencing of projects.--In identifying
projects and separable elements under subparagraph (A),
the Secretary shall identify projects and separable
elements according to the order in which the projects
and separable elements were authorized, beginning with
the earliest authorized projects and separable elements
and ending upon the aggregate estimated Federal cost to
complete for the projects and separable elements
identified satisfying the requirement under
subparagraph (A)(ii).
(4) Congressional review period; deauthorization.--After
the expiration of the 180-day period beginning on the date of
the submission of the report under this subsection, any project
or separable element identified in that report is hereby
deauthorized, unless during such period the non-Federal
interest for the project or separable element provides, under
Federal law, all funds necessary to complete the project or
separable element.
(c) Treatment of Project Modifications.--For purposes of this
section, if an authorized water resources development project or
separable element has been modified in an Act of Congress, the date of
the authorization of the project or separable element shall be deemed
to be the date of the most recent such modification.
SEC. 302. REVIEW OF CORPS OF ENGINEERS ASSETS.
(a) Assessment and Inventory.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall conduct an assessment of
all properties under the control of the Corps of Engineers and develop
an inventory of the properties that are not needed for the missions of
the Corps of Engineers.
(b) Criteria.--In conducting the assessment and developing the
inventory under subsection (a), the Secretary shall use the following
criteria:
(1) The extent to which the property aligns with the
current missions of the Corps of Engineers.
(2) The economic impact of the property on existing
communities in the vicinity of the property.
(3) The extent to which the utilization rate for the
property is being maximized and is consistent with
nongovernmental industry standards for the given function or
operation.
(4) The extent to which the reduction or elimination of the
property could reduce operation and maintenance costs of the
Corps of Engineers.
(5) The extent to which the reduction or elimination of the
property could reduce energy consumption by the Corps of
Engineers.
(c) Notification.--As soon as practicable following completion of
the inventory of properties under subsection (a), the Secretary shall
provide the inventory to the Administrator of General Services.
(d) Report to Congress.--Not later than 30 days after the date of
the notification under subsection (c), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report containing the findings of the Secretary with
respect to the assessment and inventory required under subsection (a).
SEC. 303. BACKLOG PREVENTION.
(a) Project Deauthorization.--
(1) In general.--A water resources development project, or
separable element of such a project, authorized for
construction by this Act shall not be authorized after the last
day of the 7-year period beginning on the date of enactment of
this Act unless during that period funds have been obligated
for construction of such project.
(2) Identification of projects.--Not later than 60 days
after the expiration of the 7-year period referred to in
paragraph (1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that identifies the projects
deauthorized under paragraph (1).
(b) Report to Congress.--Not later than 60 days after the
expiration of the 12-year period beginning on the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that contains--
(1) a list of any water resources development projects
authorized by this Act for which construction has not been
completed during that period;
(2) a description of the reasons the projects were not
completed;
(3) a schedule for the completion of the projects based on
expected levels of appropriations; and
(4) a 5-year and 10-year projection of construction backlog
and any recommendations to Congress regarding how to mitigate
current problems and the backlog.
SEC. 304. DEAUTHORIZATIONS.
(a) In General.--The following projects are not authorized after
the date of enactment of this Act:
(1) Walnut creek (pacheco creek), california.--The portions
of the project for flood protection on Walnut Creek,
California, constructed under section 203 of the Flood Control
Act of 1960 (Public Law 86-645; 74 Stat. 488), consisting of
the Walnut Creek project from Sta 0+00 to Sta 142+00 and the
upstream extent of the Walnut Creek project along Pacheco Creek
from Sta 0+00 to Sta 73+50.
(2) Walnut creek (san ramon creek), california.--The
portion of the project for flood protection on Walnut Creek,
California, constructed under section 203 of the Flood Control
Act of 1960 (Public Law 86-645; 74 Stat. 488), consisting of
the culvert constructed by the Department of the Army on San
Ramon Creek from Sta 4+27 to Sta 14+27.
(3) Hillsborough (hillsboro) bay and river, florida.--Those
portions of the project for navigation, Hillsborough
(Hillsboro) Bay and River, Florida, authorized by the Act of
March 3, 1899 (30 Stat. 1126; chapter 425), that extend on
either side of the Hillsborough River from the Kennedy
Boulevard bridge to the mouth of the river that cause the
existing channel to exceed 100 feet in width.
(4) Kahului wastewater reclamation facility, maui,
hawaii.--The project carried out pursuant to the authority
provided by section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r) to provide shoreline protection for the Kahului
Wastewater Reclamation Facility, located on the Island of Maui
in the State of Hawaii.
(5) Chicago harbor, illinois.--The portion of the project
for navigation, Chicago Harbor, Illinois, authorized by the
first section of the Act of March 3, 1899 (30 Stat. 1129;
chapter 425), and the first section of the Act of March 2, 1919
(40 Stat. 1283; chapter 95), and described as follows:
(A) Beginning at the southwest corner of
Metropolitan Sanitary District of Greater Chicago
sluice gate that abuts the north wall of the Chicago
River Lock.
(B) Thence running north for approximately 290
feet.
(C) Thence running east approximately 1,000 feet.
(D) Thence running south approximately 290 feet.
(E) Thence running west approximately 1,000 feet to
the point of origin.
(6) Lucas-berg pit, illinois waterway and grant calumet
river, illinois.--The portion of the project for navigation,
Illinois Waterway and Grand Calumet River, Illinois, authorized
by the first section of the Act entitled ``An Act authorizing
the construction of certain public works on rivers and harbors
for flood control, and for other purposes'', approved July 24,
1946 (60 Stat. 636; chapter 596), that consists of the Lucas-
Berg Pit confined disposal facility, Illinois.
(7) Rockland harbor, maine.--The portion of the project for
navigation, Rockland Harbor, Maine, authorized by the Act
entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers and
harbors, and for other purposes'', approved June 3, 1896 (29
Stat. 202), and described as follows:
(A) Beginning at the point in the 14-foot turning
basin limit with coordinates N162,927.61, E826,210.16.
(B) Thence running north 45 degrees 45 minutes 15.6
seconds east 287.45 feet to a point N163,128.18,
E826,416.08.
(C) Thence running south 13 degrees 17 minutes 53.3
seconds east 129.11 feet to a point N163,002.53,
E826,445.77.
(D) Thence running south 45 degrees 45 minutes 18.4
seconds west 221.05 feet to a point N162,848.30,
E826,287.42.
(E) Thence running north 44 degrees 14 minutes 59.5
seconds west 110.73 feet to the point of origin.
(8) Corsica river, queen anne's county, maryland.--The
portion of the project for improving the Corsica River,
Maryland, authorized by the first section of the Act entitled
``An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors,
and for other purposes'', approved July 25, 1912 (37 Stat.
205), and described as follows: Approximately 2,000 feet of the
eastern section of the project channel extending from--
(A) centerline station 0+000 (coordinates
N506350.60, E1575013.60); to
(B) station 2+000 (coordinates N508012.39,
E1574720.18).
(9) Gloucester harbor and annisquam river, massachusetts.--
The portions of the project for navigation, Gloucester Harbor
and Annisquam River, Massachusetts, authorized by section 2 of
the Act entitled ``An Act authorizing the construction, repair,
and preservation of certain public works on rivers and harbors,
and for other purposes'', approved of March 2, 1945 (59 Stat.
12; chapter 19), consisting of an 8-foot anchorage area in
Lobster Cove, and described as follows:
(A) Beginning at a bend along the easterly limit of
the existing project, N3063230.31, E878283.77, thence
running northwesterly about 339 feet to a point,
N3063478.86, E878053.83, thence running northwesterly
about 281 feet to a bend on the easterly limit of the
existing project, N3063731.88, E877932.54, thence
running southeasterly about 612 feet along the easterly
limit of the existing project to the point of origin.
(B) Beginning at a bend along the easterly limit of
the existing project, N3064065.80, E878031.45, thence
running northwesterly about 621 feet to a point,
N3064687.05, E878031.13, thence running southwesterly
about 122 feet to a point, N3064686.98, E877908.85,
thence running southeasterly about 624 feet to a point,
N3064063.31, E877909.17, thence running southwesterly
about 512 feet to a point, N3063684.73, E877564.56,
thence running about 741 feet to a point along the
westerly limit of the existing project, N3063273.98,
E876947.77, thence running northeasterly about 533 feet
to a bend along the westerly limit of the existing
project, N3063585.62, E877380.63, thence running about
147 feet northeasterly to a bend along the westerly
limit of the project, N3063671.29, E877499.63, thence
running northeasterly about 233 feet to a bend along
the westerly limit of the existing project,
N3063840.60, E877660.29, thence running about 339 feet
northeasterly to a bend along the westerly limit of the
existing project, N3064120.34, E877852.55, thence
running about 573 feet to a bend along the westerly
limit of the existing project, N3064692.98, E877865.04,
thence running about 113 feet to a bend along the
northerly limit of the existing project, N3064739.51,
E877968.31, thence running 145 feet southeasterly to a
bend along the northerly limit of the existing project,
N3064711.19, E878110.69, thence running about 650 feet
along the easterly limit of the existing project to the
point of origin.
(10) Ipswich river, massachusetts.--The portion of the
project for navigation, Ipswich River, Massachusetts,
authorized by the first section of the Act of August 5, 1886
(24 Stat. 317, chapter 929) consisting of a 4-foot channel
located at the entrance to the inner harbor at Ipswich Harbor,
and described as follows:
(A) Lying northwesterly of a line commencing at
N3,074,938.09, E837,154.87.
(B) Thence running easterly approximately 60 feet
to a point with coordinates N3,074,972.62, E837,203.93.
(11) 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.
(12) Burnham canal, wisconsin.--The portion of the project
for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin,
known as the Burnham Canal, authorized by the first section of
the Act entitled ``An Act for the protection of commerce on
Lake Michigan'', approved March 3, 1843 (5 Stat. 619; chapter
85), and described as follows:
(A) Beginning at channel point #415a N381768.648,
E2524554.836, a distance of about 170.58 feet.
(B) Thence running south 53 degrees 43 minutes 41
seconds west to channel point #417 N381667.728,
E2524417.311, a distance of about 35.01 feet.
(C) Thence running south 34 degrees 10 minutes 40
seconds west to channel point #501 N381638.761,
E2524397.639, a distance of about 139.25 feet.
(D) Thence running south 34 degrees 10 minutes 48
seconds west to channel point #503 N381523.557,
E2524319.406, a distance of about 235.98 feet.
(E) Thence running south 32 degrees 59 minutes 13
seconds west to channel point #505 N381325.615,
E2524190.925, a distance of about 431.29 feet.
(F) Thence running south 32 degrees 36 minutes 05
seconds west to channel point #509 N380962.276,
E2523958.547, a distance of about 614.52 feet.
(G) Thence running south 89 degrees 05 minutes 00
seconds west to channel point #511 N380952.445,
E2523344.107, a distance of about 74.68 feet.
(H) Thence running north 89 degrees 04 minutes 59
seconds west to channel point #512 N381027.13,
E2523342.91, a distance of about 533.84 feet.
(I) Thence running north 89 degrees 05 minutes 00
seconds east to channel point #510 N381035.67,
E2523876.69, a distance of about 47.86 feet.
(J) Thence running north 61 degrees 02 minutes 07
seconds east to channel point #508 N381058.84,
E2523918.56, a distance of about 308.55 feet.
(K) Thence running north 36 degrees 15 minutes 29
seconds east to channel point #506 N381307.65,
E2524101.05, a distance of about 199.98 feet.
(L) Thence running north 32 degrees 59 minutes 12
seconds east to channel point #504 N381475.40,
E2524209.93, a distance of about 195.14 feet.
(M) Thence running north 26 degrees 17 minutes 22
seconds east to channel point #502 N381650.36,
E2524296.36, a distance of about 81.82 feet.
(N) Thence running north 88 degrees 51 minutes 05
seconds west to channel point #419 N381732.17,
E2524294.72, a distance of about 262.65 feet.
(O) Thence running north 82 degrees 01 minutes 02
seconds east to channel point #415a, the point of
origin.
(13) Manitowoc harbor, wisconsin.--The portion of the
project for navigation, Manitowoc River, Manitowoc, Wisconsin,
authorized by the Act of August 30, 1852 (10 Stat. 58; chapter
104), and described as follows: The triangular area bound by--
(A) 44.09893383N and 087.66854912W;
(B) 44.09900535N and 087.66864372W; and
(C) 44.09857884N and 087.66913123W.
(b) Seward Waterfront, Seward, Alaska.--
(1) In general.--Subject to paragraph (2), the portion of
the project for navigation, Seward Harbor, Alaska, identified
as Tract H, Seward Original Townsite, Waterfront Park Replat,
Plat No 2012-4, Seward Recording District, shall not be subject
to navigation servitude beginning on the date of enactment of
this Act.
(2) Entry by federal government.--The Federal Government
may enter upon the property referred to in paragraph (1) to
carry out any required operation and maintenance of the general
navigation features of the project referred to in paragraph
(1).
(c) Port of Hood River, Oregon.--
(1) Extinguishment of portions of existing flowage
easement.--With respect to the properties described in
paragraph (2), beginning on the date of enactment of this Act,
the flowage easement identified as Tract 1200E-6 on the
Easement Deed recorded as Instrument No. 740320 is extinguished
above elevation 79.39 feet (NGVD 29), the ordinary high water
line.
(2) Affected properties.--The properties described in this
paragraph, 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) Extinguishment of flowage easement.--With respect to
the properties described in paragraph (2), the flowage easement
is extinguished if the elevation of the property is above the
standard project flood elevation.
(4) Federal liabilities.--The United States shall not be
liable for any injury caused by the extinguishment of the
easement under this subsection.
(5) No effect on other rights.--Nothing in this subsection
affects the remaining rights and interests of the Corps of
Engineers for authorized project purposes.
SEC. 305. LAND CONVEYANCES.
(a) Tulsa Port of Catoosa, Rogers County, Oklahoma Land Exchange.--
(1) Land exchange.--On conveyance by the Tulsa Port of
Catoosa to the United States of all right, title, and interest
in and to the non-Federal land, the Secretary shall convey to
the Tulsa Port of Catoosa all right, title, and interest of the
United States in and to the Federal land.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Federal land.--The term ``Federal land'' means
the approximately 87 acres of land situated in Rogers
County, Oklahoma, contained within United States Tracts
413 and 427 and acquired for the McClellan-Kerr
Arkansas Navigation System.
(B) Non-federal land.--The term ``non-Federal
land'' means the approximately 34 acres of land
situated in Rogers County, Oklahoma, and owned by the
Tulsa Port of Catoosa that lie immediately south and
east of the Federal land.
(3) Specific conditions.--
(A) Deeds.--
(i) Deed to non-federal land.--The
Secretary may only accept conveyance of the
non-Federal land by warranty deed, as
determined acceptable by the Secretary.
(ii) Deed to federal land.--The Secretary
shall convey the Federal land to the Tulsa Port
of Catoosa by quitclaim deed and subject to any
reservations, terms, and conditions the
Secretary determines necessary to--
(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.
(iii) Cash payment.--If the appraised fair
market value of the Federal land, as determined
by the Secretary, exceeds the appraised fair
market value of the non-Federal land, as
determined by the Secretary, the Tulsa Port of
Catoosa shall make a cash payment to the United
States reflecting the difference in the
appraised fair market values.
(b) City of Asotin, Washington.--
(1) In general.--The Secretary shall convey to the city of
Asotin, Asotin County, Washington, without monetary
consideration, all right, title, and interest of the United
States in and to the land described in paragraph (3).
(2) Reversion.--If the land transferred under this
subsection ceases at any time to be used for a public purpose,
the land shall revert to the United States.
(3) Description.--The land to be conveyed to the city of
Asotin, Washington, under this subsection are--
(A) the public ball fields designated as Tracts
1503, 1605, 1607, 1609, 1611, 1613, 1615, 1620, 1623,
1624, 1625, 1626, and 1631; and
(B) other leased areas designated as Tracts 1506,
1522, 1523, 1524, 1525, 1526, 1527, 1529, 1530, 1531,
and 1563.
(c) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
necessary and appropriate to protect the interests of the
United States.
(4) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(5) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
TITLE IV--WATER RESOURCES INFRASTRUCTURE
SEC. 401. AUTHORIZATION OF FINAL FEASIBILITY STUDIES.
The following final feasibility studies for water resources
development and conservation and other purposes are authorized to be
carried out by the Secretary substantially in accordance with the plan,
and subject to the conditions, described in the respective reports
designated in this section:
(1) Navigation.--
----------------------------------------------------------------------------------------------------------------
E. Estimated
A. State B. Name C. Date of Report of D. Estimated Non-Federal
Chief of Engineers Federal Cost Cost
----------------------------------------------------------------------------------------------------------------
1. TX, LA Sabine Neches Waterway, July 22, 2011 $779,399,000 $359,227,000
Southeast Texas and
Southwest Louisiana
----------------------------------------------------------------------------------------------------------------
2. FL Jacksonville Harbor- April 30, 2012 $27,804,000 $9,122,000
Milepoint
----------------------------------------------------------------------------------------------------------------
3. GA Savannah Harbor Expansion Aug. 17, 2012 $461,000,000 $201,000,000
Project
----------------------------------------------------------------------------------------------------------------
4. TX Freeport Harbor Jan. 7, $121,132,000 $116,342,000
2013
----------------------------------------------------------------------------------------------------------------
5. FL Canaveral Harbor (Sect 203 Feb. 25, 2013 $28,652,000 $11,588,000
Sponsor Report)
----------------------------------------------------------------------------------------------------------------
(2) Flood risk management.--
----------------------------------------------------------------------------------------------------------------
E. Estimated
A. State B. Name C. Date of Report of D. Estimated Non-Federal
Chief of Engineers Federal Cost Cost
----------------------------------------------------------------------------------------------------------------
1. KS Topeka Aug. 24, 2009 $15,494,000 $8,343,000
----------------------------------------------------------------------------------------------------------------
2. CA American River Watershed, Dec. 30, 2010 $943,300,000 $479,500,000
Common Features Project,
Natomas Basin
----------------------------------------------------------------------------------------------------------------
3. IA Cedar River, Cedar Rapids Jan. 27, 2011 $67,216,000 $36,194,000
----------------------------------------------------------------------------------------------------------------
4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 $801,542,000 $979,806,000
----------------------------------------------------------------------------------------------------------------
5. KY Ohio River Shoreline, May 16, 2012 $12,893,000 $6,943,000
Paducah
----------------------------------------------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
----------------------------------------------------------------------------------------------------------------
E. Estimated
D. Estimated Initial Non-
Initial Federal Cost
C. Date of Report of Federal Cost and Estimated
A. State B. Name Chief of Engineers and Estimated Total Non-
Total Federal Federal Cost
Cost for Life for Life of
of Project Project
----------------------------------------------------------------------------------------------------------------
1. NC West Onslow Beach and New Sept. 28, 2009 Initial Cost: Initial Cost:
River Inlet (Topsail Beach) $30,557,000 $17,315,000
Total Cost: Total Cost:
$132,372,000 $132,372,000
----------------------------------------------------------------------------------------------------------------
2. NC Surf City and North Topsail Dec. 30, 2010 Initial Cost: Initial Cost:
Beach $81,484,000 $43,900,000
Total Cost: Total Cost:
$106,182,000 $106,182,000
----------------------------------------------------------------------------------------------------------------
3. CA San Clemente Shoreline April 5, Initial Cost: Initial Cost:
2012 $7,500,000 $4,000,000
Total Cost: Total Cost:
$43,400,000 $43,400,000
----------------------------------------------------------------------------------------------------------------
(4) Hurricane and storm damage risk reduction and
environmental restoration.--
----------------------------------------------------------------------------------------------------------------
E. Estimated
A. State B. Name C. Date of Report of D. Estimated Non-Federal
Chief of Engineers Federal Cost Cost
----------------------------------------------------------------------------------------------------------------
1. MS Mississippi Coastal Sept. 15, 2009 $815,090,000 $438,890,000
Improvement Program (MSCIP)
Hancock, Harrison, and
Jackson Counties
----------------------------------------------------------------------------------------------------------------
(5) Environmental restoration.--
----------------------------------------------------------------------------------------------------------------
E. Estimated
A. State B. Name C. Date of Report of D. Estimated Non-Federal
Chief of Engineers Federal Cost Cost
----------------------------------------------------------------------------------------------------------------
1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 $1,221,721,000 $657,849,000
----------------------------------------------------------------------------------------------------------------
2. FL Central and Southern Florida March 11, 2010 $297,189,000 $297,189,000
Project, Comprehensive
Everglades Restoration
Plan, Caloosahatchee River
(C-43) West Basin Storage
Project, Hendry County
----------------------------------------------------------------------------------------------------------------
3. LA Louisiana Coastal Area Dec. 30, 2010 $954,452,000 $513,936,000
----------------------------------------------------------------------------------------------------------------
4. MN Marsh Lake Dec. 30, 2011 $6,403,000 $3,564,000
----------------------------------------------------------------------------------------------------------------
5. FL Central and Southern Florida Jan. 30, 2012 $88,992,000 $88,992,000
Project, Comprehensive
Everglades Restoration
Plan, C-111 Spreader Canal
Western Project
----------------------------------------------------------------------------------------------------------------
6. FL CERP Biscayne Bay Coastal May 2, $96,209,000 $96,209,000
Wetland, Florida 2012
----------------------------------------------------------------------------------------------------------------
7. FL Central and Southern Florida May 21, 2012 $433,353,500 $433,353,500
Project, Broward County
Water Preserve Area
----------------------------------------------------------------------------------------------------------------
8. LA Louisiana Coastal Area- June 22, 2012 $283,567,000 $152,690,000
Barataria Basin Barrier
----------------------------------------------------------------------------------------------------------------
9. NC Neuse River Basin April 23, 2013 $23,253,100 $12,520,900
----------------------------------------------------------------------------------------------------------------
SEC. 402. PROJECT MODIFICATIONS.
(a) Miami Harbor, Miami-Dade County, Florida.--
(1) In general.--The project for navigation, Miami Harbor,
Miami-Dade County, Florida, authorized by section 1001(17) of
the Water Resources Development Act of 2007 (121 Stat. 1052),
is modified to authorize the Secretary to construct the project
at a total cost of $152,510,000, with an estimated Federal cost
of $92,007,000 and a non-Federal cost of $60,503,000.
(2) Applicability.--Paragraph (1) shall take effect on
November 8, 2007.
(b) Little Calumet River Basin (Cady Marsh Ditch), Indiana.--The
project for flood control, Little Calumet River Basin (Cady Marsh
Ditch), Indiana, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4115), and modified by section 127
of Public Law 109-103 (119 Stat. 2259), is further modified to
authorize the Secretary to construct the project at a total cost of
$269,988,000, with an estimated Federal cost of $202,800,000 and a non-
Federal cost of $67,188,000.
Passed the House of Representatives October 23, 2013.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 224
113th CONGRESS
1st Session
H. R. 3080
_______________________________________________________________________
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.
_______________________________________________________________________
October 28, 2013
Received; read twice and placed on the calendar