H.R.3080 - Water Resources Reform and Development Act of 2014113th Congress (2013-2014)
|Sponsor:||Rep. Shuster, Bill [R-PA-9] (Introduced 09/11/2013)|
|Committees:||House - Transportation and Infrastructure; Budget; Ways and Means; Natural Resources|
|Committee Reports:||H. Rept. 113-246; H. Rept. 113-449 (Conference Report)|
|Latest Action:||06/10/2014 Became Public Law No: 113-121. (TXT | PDF) (All Actions)|
|Major Recorded Votes:||05/22/2014 : Resolving Differences; 05/20/2014 : Resolving Differences; 10/23/2013 : Passed House|
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Summary: H.R.3080 — 113th Congress (2013-2014)All Bill Information (Except Text)
Public Law No: 113-121 (06/10/2014)
(This measure has not been amended since the Conference Report was filed in the House on May 15, 2014. The summary of that version is repeated here.)
Water Resources Reform and Development Act of 2014 - Title I: Program Reforms And Streamlining - (Sec. 1001) Revises requirements for feasibility studies initiated under the Water Resources Development Act of 1986 (WRDA of 1986) to: (1) require a final report on a study not later than three years after its initiation; (2) limit the maximum federal cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted).
Requires the Secretary of the Army, not later than 30 days after making a determination that a feasibility study will not be conducted in accordance with such limitations, to: (1) prepare an updated feasibility study schedule and cost estimate, (2) notify the non-federal feasibility cost-sharing partner that the study has been delayed, and (3) provide written notice to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works (congressional public works committees) explaining the reasons for noncompliance.
Terminates the authority for any feasibility study that is not completed within one year after the Secretary makes a determination of noncompliance, except that the Secretary may extend the timeline of a feasibility study for up to 3 years if the Secretary determines that the study is too complex to comply with the time and cost limitations imposed by this Act. Prohibits the Secretary from extending the timeline for a feasibility study for more than 7 years.
Requires the Secretary, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews.
Requires the Secretary, not later than four years after the enactment of this Act, to report on: (1) the status of implementation of these limitations on feasibility studies, (2) the amount of time taken to complete each study, and (3) any recommendations for additional authority to support efforts to expedite the feasibility study process.
(Sec. 1002) Repeals the requirement under the WRDA of 1986 that the Corps conduct a reconnaissance study prior to initiating a feasibility study.
Requires a feasibility report for a water resources project to include a preliminary analysis of the federal interest and costs, benefits, and environmental impacts of such a project.
Requires the Secretary to: (1) determine a set of milestones for completion of a feasibility study, including major actions, report submissions and responses, reviews, and comment periods; and (2) submit to the congressional public works committees and make publicly available an annual report that includes all detailed project schedules established by district engineers and an explanation of any missed deadlines.
(Sec. 1003) Directs the Secretary to: (1) expedite the completion of any ongoing feasibility study for a water resources project initiated before the enactment of this Act; and (2) proceed directly to preconstruction planning, engineering, and design of the project in accordance with the WRDA of 1986 if the Secretary determines that the project is justified.
(Sec. 1004) Repeals the requirement for a review of the cost effectiveness of the design of a water resources project that has a total cost in excess of $10 million.
(Sec. 1005) Amends the WRDA of 2007 to revise and establish new requirements for the environmental review process for water resources projects (i.e., the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]), by: (1) designating the Corps as the federal lead agency in the environmental review process; (2) requiring the Secretary to issue guidance on programmatic approaches for carrying out the review process that eliminates duplicative efforts and promotes collaboration with participating agencies; (3) establishing a plan for coordinating public and agency participation in, and comment on, the environmental review process; (4) establishing deadlines for comment during the environmental review process; (5) identifying and resolving issues that could delay completion of the process or result in the denial of any approval required for a project; and (6) expanding financial penalties for failures of participating agencies to complete any required approval or decision for the environmental review process.
Requires the Secretary to survey the use by the Corps of categorical exclusions (i.e., a category of actions that do not have a significant effect on the human environment and do not require an environmental assessment or impact statement) in water resources projects and publish a review of such survey.
Requires the Comptroller General (GAO) to assess and report on the revised requirements for the environmental review process.
(Sec. 1006) Amends the WRDA of 2000 to provide permanent authority for the program for funding by non-federal public interests to expedite the processing of permits issued by the Corps. Allows public utility companies and natural gas companies to participate in such program for up to seven years. Requires the Secretary to ensure that the use of such authority does not delay the permit processing time of permit applicants who do not participate in the program and that all final permit decisions are made available to the public in an appropriate format.
(Sec. 1007) Requires the Secretary to establish a process for the review of section 14 applications in a timely and consistent manner. Defines "section 14 application" as an application submitted 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. Requires the Secretary to establish benchmark goals for review of such applications, including a 45-day benchmark for approving or disapproving a completed application and a 180-day benchmark if a completed application requires more time to review due to the type, size, cost, complexity, or impacts proposed in the application.
(Sec. 1008) Declares that it is the policy of the United States that: (1) the development of non-federal hydroelectric power at Corps civil works projects, including locks and dams, shall be given priority; (2) approval of non-federal hydroelectric power shall be completed by the Corps in a timely and consistent manner; and (3) approval of hydropower at civil works projects shall not diminish other priorities and missions of the Corps.
Requires the Secretary to report to the congressional public works committees on: (1) activities for the development of hydroelectric power by a non-federal interest (defined generally by the WRDA of 2007 to include a state, local government, federally-recognized Indian tribe, and nonprofit entity); and (2) actions taken by the Secretary regarding the use of electronic commerce in federal procurement.
(Sec. 1010) Directs the Secretary to notify the applicable non-federal interest when construction of a water resources project is completed. Allow a non-federal interest to appeal the completion determination of the Secretary.
(Sec. 1011) Sets forth criteria for prioritizing authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction and authorized projects with a primary purpose of ecosystem restoration.
(Sec. 1012) Requires the Secretary to: (1) provide a non-federal interest a detailed accounting of the federal expenses associated with a water resources project, and (2) contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps.
(Sec. 1013) Requires the Secretary to contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include: (1) an evaluation of the process for preparing, negotiating, and approving such Agreements; and (2) recommendations to improve the template and the process for preparing, negotiating, and approving such Agreements. Requires the Secretary to report the findings of the National Academy to the congressional public works committees.
(Sec. 1014) Amends the WRDA of 1986 to permit a non-federal interest to study, design, and construct water resources projects using its own funding and to seek credit or reimbursement for any funds expended that are in excess of the non-federal cost share of the project.
(Sec. 1015) Authorizes the Secretary to receive and expend funds from non-federal interests or private entities to operate a hurricane barrier project, after giving written notice to the congressional public works committees.
(Sec. 1016) Allows the Secretary to assume responsibility for operation and maintenance for improvements to a federally authorized harbor or inland harbor that are carried out by a non-federal interest prior to December 31, 2014, provided that certain engineering and construction requirements under the WRDA of 1986 are met.
(Sec. 1017) Requires the Secretary to: (1) establish a five-year pilot program for the acceptance and expenditure of funds by non-federal interests to increase the hours of operation of locks at water resources development projects, and (2) publish notification in the Federal Register of any proposed modification to the operation of a lock and accept public comment on such modification. Requires reporting on, and annual review of, such pilot program and the commercial use of locks.
(Sec. 1018) Amends the Flood Control Act of 1970 to authorize the Secretary of the Army to: (1) provide in-kind credit for work done by a non-federal sponsor prior to the execution of a project partnership agreement, and (2) enter into a written agreement with the non-federal sponsor to credit in-kind contributions against the non-federal share of the cost of a project.
Directs the Secretary to reimburse the non-federal interest for costs that exceed the non-federal cost-share requirements if the excess costs are incurred for work carried out pursuant to a written agreement and are a result of the requirement that the non-federal sponsor provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations for the authorized project.
Requires the Secretary to update any guidance or regulations related to the approval of in-kind credit to establish a milestone for executing an in-kind memorandum of understanding, criteria and procedures for granting exceptions to this milestone, and criteria and procedures for determining that work is integral to a project.
(Sec. 1019) Provides that the costs of land, easements, rights-of-way, relocations, and dredged material disposal areas that are in excess of the non-federal cost share for a project may be applied to another study, program, or project.
(Sec. 1020) Authorizes the Secretary to apply credit for in-kind contributions by a non-federal interest that are in excess of the required non-federal cost share for a water resources development study or project toward the required non-federal cost share for a different water resources development study or project, subject to specified restrictions. Terminates such authority 10 years after the enactment of this Act. Requires the Secretary to report to the congressional public works committees on the use of such authority.
(Sec. 1021) Authorizes a non-federal interest to carry out operation and maintenance responsibilities of an authorized navigation project using its own funds, provided that the non-federal interest follows all applicable laws and regulations. Provides that the credit received for such work may be applied toward construction costs of another element of the same project or another authorized navigation project sponsored by the same non-federal interest, not to exceed 20% of the total costs associated with construction of the general navigation features of the project.
(Sec. 1022) Authorizes the Secretary to provide a non-federal interest, at its request, a credit equal to the estimated federal share of the cost of an authorized flood damage reduction project constructed by the non-federal interest under the WRDA of 1996 prior to the enactment of this Act, in lieu of a reimbursement in that amount.
(Sec. 1023) Authorizes the Secretary to accept funds from a non-federal interest for any authorized water resources development project that meets or exceeds its cost limit, as long as the federal share does not increase.
(Sec. 1024) Authorizes the Secretary to accept material and services provided by a non-federal interest, including public, non-profit, or private entities, to repair, restore, or replace a water resources development project that has been damaged or destroyed during an emergency event.
(Sec. 1025) Authorizes the Secretary to carry out water resources development projects on federal lands under the administrative jurisdiction of another federal agency where the acquisition of such lands has been paid for by a non-federal project sponsor.
(Sec. 1026) Authorizes the Secretary to accept funds from other federal agencies to address the adverse impact on a federal facility of a modification or construction of a water resources development project carried out by the Secretary.
(Sec. 1027) Authorizes the Secretary to implement any response action deemed necessary at a site where: (1) the Secretary has carried out a project under his or her civil authority that includes placing sand on a beach, and (2) military munitions originally released by Department of Defense (DOD) activities and deposited on the beach pose a threat to human health or the environment. Requires DOD to pay for such response action.
(Sec. 1028) Authorizes the Secretary to 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 feasible, consistent with authorized project purposes and the fish hatchery, and in the public interest.
(Sec. 1029) Amends the WRDA of 1996 to expand the Secretary's interagency and international support authority to include federal departments or agencies and nongovernmental organizations.
(Sec. 1030) Requires the Secretary to publish in the Federal Register and on a publicly available website: (1) the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects, and (2) an annual report on the status of each continuing authority program.
Increases authorized amounts for continuing authority programs associated with small river and harbor improvement projects, shore damage prevention or mitigation, regional sediment management, small flood control projects, environmental improvement, aquatic ecosystem restoration and protection, floodplain management services, and emergency streambank and shoreline protection projects.
(Sec. 1031) Requires the Secretary to issue guidance on the cost-sharing procedures for the Tribal Partnership Program. Extends such Program through FY2024.
(Sec. 1032) Amends the WRDA of 1986 to extend the authority of the Secretary to waive cost sharing requirements, up to $200,000, for water resources studies and projects in Puerto Rico. Requires an inflation adjustment to such amount for the period beginning on November 17, 1986, and ending on the enactment date of this Act.
(Sec. 1033) Requires the Secretary to encourage and incorporate corrosion prevention activities at water resources development projects.
(Sec. 1034) Requires the Secretary to encourage and incorporate advanced modeling technologies that can expedite project delivery or improve the evaluation of water resources development projects that receive federal funding.
(Sec. 1035) Provides that the Secretary may allow the use of a floating cabin on waters under the jurisdiction of the Secretary in the Cumberland River basin if: (1) the floating cabin complies with regulations for recreational vessels, is located at a marina leased by the Corps, and is maintained by the owner to required health and safety standards; and (2) the Secretary has authorized the use of recreational vessels on such waters. Defines "floating cabin" as a vessel used as a means of transportation on water with overnight accommodations.
(Sec. 1036) Requires the Secretary, if requested by a non-federal interest, to construct a locally-preferred plan that provides a higher level of protection than a flood risk management project if the Secretary determines that the plan is technically feasible and environmentally acceptable and that the benefits exceed the costs of the plan.
(Sec. 1037) Amends the WRDA of 1976 to direct the Secretary, at the request of the non-federal interest, to determine the feasibility of extending the period of beach nourishment for hurricane and storm damage reduction projects for a maximum 15-year period beyond the current 50-year maximum period. Allows a 3-year extension for projects that will expire within 5 years of the enactment of this Act. Authorizes the Secretary to review all authorized water resources development projects for which the Secretary to authorized to provide periodic nourishment under the WRDA of 1976.
(Sec. 1038) Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material for purposes of regional sediment management and reducing or avoiding federal costs.
(Sec. 1039) Directs the Secretary, in consultation with the Director of the U.S. Fish and Wildlife Service, the Tennessee Valley Authority (TVA), and other federal officials, to: (1) carry out a review of the federal response to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species that have an impact on water resources; and (2) make recommendations to Congress and state agencies for improving federal and state laws to more effectively respond to threats posed by invasive species.
Directs the Comptroller General to conduct an assessment of the federal costs of, and spending on, aquatic invasive species.
Requires the Director of the U.S. Fish and Wildlife Service to lead, and report on, 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 efforts to slow, and eventually eliminate, the threat posed by Asian carp.
Authorizes the Secretary to: (1) implement measures to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin, and (2) establish watercraft inspection stations in the Columbia River Basin to prevent the spread of aquatic invasive species.
(Sec. 1040) Amends the the WRDA of 1986, with respect to fish and wildlife mitigation, to: (1) modify mitigation requirements to conform to policy guidance issued by the Corps relating to ecological resources, and (2) require that a determination of whether a proposed project will have negligible adverse impacts on fish and wildlife be made without consideration of proposed mitigation.
(Sec. 1041) Requires the Secretary in reporting on the status of projects included in the mitigation status report to: (1) use a uniform methodology for determining the status of all projects included in the report, (2) use a methodology that describes both a qualitative and quantitative status for all projects in the report, and (3) provide specific dates for participation in the consultations required by the WRDA of 1986.
(Sec. 1042) Requires the Secretary to complete and submit to Congress reports required by this Act by their due dates. Imposes a penalty upon the General Expenses Account of the civil works program of the Corps for any report which is not submitted within 180 days of its due date. Allows a waiver of such penalty if: (1) the Secretary certifies that a major modification has been made to the report that requires additional analysis, (2) amounts have not been appropriated to carry out the report, or (3) additional information is required from an entity other than the Corps and is not available in time to complete the report by its deadline.
(Sec. 1043) Authorizes the Secretary to establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-federal interests to carry out feasibility studies and the construction of projects for flood risk management, hurricane and storm damage reduction, ecosystem restoration, and coastal harbor and channel and inland harbor navigation. Sets forth funding and reporting requirements for such pilot program. Terminates such program five years after the enactment of this Act. Authorizes appropriations for FY2015-FY2019.
(Sec. 1044) Amends the WRDA of 2007 to: (1) increase (from $45 million to $200 million of estimated water resources project cost) the threshold at which independent peer review of feasibility studies are required, and (2) extend such peer review requirement for a 12-year period ending in 2019.
(Sec. 1045) Requires the Secretary, in coordination with the Federal Energy Regulatory Commission (FERC), to initiate an assessment of the effects of drought conditions on lakes managed by the Secretary that are affected by FERC-licensed reservoirs, including an assessment of: (1) lake levels and rule curves in areas of previous, current, and prolonged drought; and (2) the effect the long-term FERC license has on the management of such lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation. Requires the Secretary to report to Congress on such assessment and make such report publicly available.
(Sec. 1046) Directs the Secretary to: (1) conduct an assessment to determine the effects of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions on water supply during periods of drought and report to the congressional public works committees on such assessment; (2) update reports on the operating purposes of Corps reservoirs and develop a plan for reviewing and updating the operations of reservoirs; and (3) notify the applicable non-federal interest before each fiscal year of the anticipated operation and maintenance activities of a reservoir managed by the Secretary and for each of the subsequent four fiscal years for which the non-federal interests are required to contribute amounts.
Authorizes the Secretary, until January 1, 2016, to accept from a state or local interest a plan for the utilization of allocated water storage for future use under this Act, including a 10-year timetable for the conversion of future use storage to present use. Prohibits the Secretary from charging a fee for surplus water storage over the next 10 years on Corps reservoir projects in the Upper Missouri River Basin.
Requires the Comptroller General to conduct, and report on, an audit to determine whether reviews of project operations carried out by the Secretary prior to the enactment of this Act and plans developed by the Secretary are compliant with applicable laws and regulations.
(Sec. 1047) Authorizes the Secretary to: (1) issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and other recreation uses deemed appropriate and to collect fees for such permits or accept in-kind services in lieu of fees; and (2) enter into an agreement with a state or local government to provide for cooperative management of a public recreation area located at a lake or reservoir operated by the Corps and adjacent to or near a state or local park or recreation area.
(Sec. 1048) Authorizes the Secretary to participate in the America the Beautiful National Parks and Federal Recreational Lands Pass program in the same manner as the National Park Service, the Bureau of Land Management (BLM), the U.S. Fish and Wildlife Service, the Forest Service, and the Bureau of Reclamation, including the provision of free annual passes to active duty military personnel and dependents.
(Sec. 1049) Increases the oil storage capacity threshold under the Spill Prevention, Control, and Countermeasure (SPCC) Rule for farms requiring a certification from a professional engineer and farms that self-certify their SPCC plans. Exempts from SPCC regulation farms with a specified aggregate above-ground storage capacity and no reportable discharge history.
Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a study to determine the appropriate exemption levels for farms, based on a significant risk of discharge to water.
(Sec. 1050) Expresses the sense of Congress 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."
Redesignates: (1) the Lower Mississippi River Museum and Riverfront Interpretive Site as the "Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site"; and (2) the Kaskaskia Lock and Dam located in Modoc, Illinois, as the "Jerry F. Costello Lock and Dam."
(Sec. 1051) Expresses the sense of Congress that: (1) Congress and the Secretary should urge states to reach agreements on interstate water agreements and compacts; (2) at the request of a 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 agreements and compacts; and (4) the Secretary should adopt policies and implement procedures for the operation of reservoirs that are consistent with interstate agreements and compacts.
(Sec. 1052) Expresses the sense of Congress that Congress should consider a water resources development bill not less than once every Congress.
Title II: Navigation - Subtitle A: Inland Waterways - (Sec. 2002) Sets forth requirements for qualifying projects (i.e., any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterway that is authorized before, on, or after the enactment of this Act, is not completed as of the enactment of this Act, and is funded at least in part from the Inland Waterways Trust Fund), including training and certification requirements for project managers and requirements for the use of a risk-based cost estimation and best management practices.
Amends the WRDA of 1986 to expand the duties of the Inland Waterway Users Board to include providing advice and recommendations on the construction and rehabilitation priorities and spending levels for U.S. inland waterways and inland harbors. Requires the Secretary to submit to Congress a 20-year plan for making capital investments on the inland and intracoastal waterways.
(Sec. 2003) Requires the Comptroller General to report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, including an evaluation of: (1) whether current methods of collection of the tax result in full compliance with legal requirements, (2) whether alternative collection methods would result in increased revenues to the Inland Waterways Trust Fund, and (3) alternative collection options.
(Sec. 2004) Directs the Secretary of the Army, in consultation with federal agency heads and other interested parties, including representatives of the Inland Waterways Users Board, to conduct a study of, and report on: (1) the potential benefits and implications of authorizing the issuance of tax-exempt bonds in the Inland Waterways Trust Fund, and (2) potential revenue sources from which funds could be collected to generate additional revenues for the Fund.
(Sec. 2005) Directs the Secretary to conduct, and report on, an inland waterways stakeholder roundtable to provide for a review and evaluation of issues related to financial management of the inland and intracoastal waterways.
(Sec. 2006) Requires 15% of the cost of construction for the Olmsted Project (i.e., the project for navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky authorized by the WRDA 1988) for each fiscal year beginning after FY2014 to be paid from amounts appropriated from the Inland Waterways Trust Fund.
Expresses the sense of Congress that the appropriation for the Olmsted Project should not be less than $150 million for each fiscal year until construction is completed.
Amends the WRDA of 1992 to increase from $8 million to $20 million the amount of capital outlays required for projects of rehabilitation of inland waterways.
(Sec. 2007) Requires the Secretary and the Comptroller General to report to Congress on matters relating to the Olmsted Project.
(Sec. 2008) Directs the Secretary to assess and report on the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
(Sec. 2009) Directs the Secretary, not later than one year after the enactment of this Act and biennially thereafter, to conduct a study to determine the feasibility of: (1) carrying out projects for the inland and intracoastal waterways for flood damage reduction, emergency streambank and shoreline protection, and prevention and mitigation of shore damages attributable to navigation improvements; and (2) modifying inland and intracoastal waterways projects to improve environmental quality.
(Sec. 2010) Requires the Secretary to close the Upper St. Anthony Falls Lock and Dam not later than one year after the enactment of this Act.
(Sec. 2011) Amends the WRDA of 1986 to authorize the Cherokee Nation of Oklahoma to design and construct one or more hydroelectric generation facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma and market the electricity generated. Prohibits the Cherokee Nation from proceeding with the construction of such a facility until it obtains any required state or federal building permit and the Secretary reviews and approves its plans and specifications for the design and construction of such facility. Authorizes the Secretary to provide technical and construction management assistance to the Cherokee Nation.
(Sec. 2012) Increases from two to four years the period during which the Secretary is barred from installing permanent barriers or restricting public access in the vicinity of the 10 dams on the Cumberland River in Kentucky and Tennessee.
(Sec. 2013) Makes the Secretary responsible for the operation and maintenance, including repair, of any flood gate and pumping station that was constructed as a feature of an authorized hurricane and storm damage reduction project and that crosses an inland or intracoastal waterway. Limits the federal share of costs to 35%.
Subtitle B: Port and Harbor Maintenance - (Sec. 2101) Establishes minimum levels of total target budget resources to be made available to the Secretary from the Harbor Maintenance Trust Fund in FY2015-FY2025.
Expresses the sense of Congress that any increase in funding for harbor maintenance programs shall result from an overall increase in appropriations for the civil works programs of the Corps and not from reductions in the appropriations for other programs.
(Sec. 2102) Amends the WRDA of 1986 to direct the Secretary to: (1) make expenditures for the operation and maintenance costs of harbors and inland harbors based on an equitable allocation of funds among all such harbors; (2) use priority funds for emerging harbor projects and high and moderate-use harbor projects; (3) manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects; (4) use not less than 10% of priority funds in each of FY2015-FY2024 for expanded uses carried out at an eligible harbor or inland harbor; and (5) assess biennially, and report on, the operation and maintenance needs and uses of harbors and inland harbors.
(Sec. 2103) Amends the WRDA of 2007 to require the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise and report to the congressional public works committees on the grade levels and expertise of personnel assigned to the center.
(Sec. 2104) Amends the WRDA of 2007 to include harbor development projects in Alaska and those crucial to a region with the remote and subsistence harbor projects that do not need to be justified solely by national economic development benefits. Requires remote and subsistence harbor projects that are recommended by the Secretary to be given the same budget consideration and priority as those recommended solely by national economic development benefits.
(Sec. 2105) Authorizes the Secretary to provide technical assistance to non-federal public entities, including Indian tribes, for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs. Requires the Secretary to prioritize technical assistance for Arctic deep draft ports identified as important for Arctic development and security.
(Sec. 2106) Authorizes the Secretary to provide funding to donor ports and energy transfer ports. Directs the Secretary to report to the congressional public works committees an assessment of the impact of funding of such ports. Authorizes appropriations for FY2015-FY2018.
Defines "donor port" as a port: (1) that is subject to the harbor maintenance fee; (2) at which the total amount of harbor maintenance taxes collected comprise not less than $15 million annually of the total funding of the Harbor Maintenance Trust Fund; (3) that received less than 25% of the total amount of harbor maintenance taxes collected in the previous five fiscal years; and (4) that is located in a state in which more than 2 million cargo containers were unloaded from, or loaded onto, vessels in FY2012.
Defines "energy transfer port" as a port: (1) that is subject to the harbor maintenance fee, (2) at which energy commodities comprised greater than 25% of all commercial activity by tonnage in FY2012, and (3) through which more than 40 million tons of cargo were transported in FY2012.
(Sec. 2107) Requires the Secretary, at the request of a non-federal interest, to review a report developed by the non-federal interest that provides an economic justification for federal investment in the operation and maintenance of a federally-authorized harbor or inland harbor.
Title III: Safety Improvements And Addressing Extreme Weather Events - Subtitle A: Dam Safety - (Sec. 3001) Amends the National Dam Safety Program Act to: (1) require the Administrator of the Federal Emergency Management Agency (FEMA) to carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents; and (2) authorize appropriations for FY2015-FY2019 for the National Dam Safety Program and related activities.
Subtitle B: Levee Safety - (Sec. 3011) Allows a levee system to remain eligible for rehabilitation assistance as long as it continues to make satisfactory progress on an approved system-wide improvement framework or letter of intent.
(Sec. 3012) Directs the Secretary of the Army, at the request of a non-federal interest, to consider two or more flood control projects located within the same geographic area as a single program for budgetary or project management purposes if the Secretary determines that doing so is not incompatible with the authorized project purposes.
(Sec. 3013) Requires the Secretary to carry out a comprehensive review of national guidelines to determine whether current federal policy relating to levee vegetation is appropriate for all regions of the United States. Specifies factors which the Secretary must consider in carrying out such review.
(Sec. 3014) Directs the Secretary to ensure that an activity under the Corps' inspection of completed works program provides adequate information to reach a levee accreditation decision under FEMA's regulation for the mapping of areas protected by levees and for aligning the schedule established for the national flood insurance program (NFIP).
Authorizes the Secretary to carry out levee system evaluations of federally authorized levees for NFIP levee accreditation purposes.
(Sec. 3015) Amends the WRDA of 1974 to increase: (1) to $30 million the annual authorization of appropriations for federal and state cooperation in planning for the development, utilization, and conservation of state water resources; (2) to $5 million the limit on spending for such program in any one state; and (3) to $15 million for technical assistance to agencies or non-federal interests managing water resources.
(Sec. 3016) Amends the WRDA of 2007 to authorize the Secretary, in consultation with the FEMA Administrator, to carry out a national levee safety initiative, including the establishment of voluntary levee safety guidelines and technical assistance to states to create local levee safety programs.
Directs the Secretary: (1) to carry out a one-time inventory and review of all levees identified in the national levee database; and (2) in consultation with the FEMA Administrator, to carry out a levee safety initiative and establish a set of voluntary, comprehensive, national levee safety guidelines.
(Sec. 3017) Directs the Secretary to carry out measures for the restoration of federally authorized hurricane and storm damage reduction projects that were constructed as of the enactment of this Act. Terminates such authority 10 years after the enactment of this Act.
Subtitle C: Additional Safety Improvements and Risk Reduction Measures - (Sec. 3021) Amends the WRDA of 1988, with respect to the use of innovative technology in carrying out water resources development projects, to modify the definition of "innovative technology" to include roller compacted concrete, geosynthetic materials, and advanced composites.
(Sec. 3022) Directs the Secretary to encourage the Corps, in carrying out its activities, to use durable and sustainable materials and resilient construction techniques that: (1) allow a water resources infrastructure project to resist hazards due to a major disaster and to continue to serve its primary function following a major disaster; (2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and (3) have the absorptive capacity, adoptive capacity, and recoverability to withstand a potentially disruptive event.
(Sec. 3023) Directs the Secretary, in coordination with the Secretaries of Commerce and the Interior, to enter into an arrangement with the National Academy of Sciences to carry out a study and make recommendations relating to infrastructure and coastal restoration options for reducing risk to human life and property from extreme weather events, such as hurricanes, coastal storms, and inland flooding. Requires the Academy to submit a copy of such study to the congressional public works committees and make a copy of the study available on a publicly-accessible Internet site.
(Sec. 3024) Directs the Comptroller General to submit to the congressional public works committees a study of the strategies used by the Corps for the comprehensive management of water resources in response to floods, storms, and droughts, including a historical review of the ability of the Corps to manage and respond to historical drought, storm, and flood events.
(Sec. 3025) Authorizes the Secretary, in a federally declared disaster area, to carry out a watershed assessment to identify specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.
(Sec. 3026) Directs the Secretary to make specific project recommendations to Congress regarding flood and storm damage reduction resulting from the study for flood and storm damage reduction required by the Disaster Relief Appropriations Act of 2013.
(Sec. 3027) Requires the Secretary to establish procedures for providing the public and governmental entities that will be affected by a flood with timely information regarding expected water levels, advice regarding appropriate preparedness actions, technical assistance, and other appropriate information.
(Sec. 3028) Amends the WRDA of 2007 to exempt safety assurance reviews conducted under such Act from the requirements of the Federal Advisory Committee Act.
(Sec. 3029) Authorizes the Secretary to repair flood control projects to the design level of protection (rather than to pre-storm conditions).
Directs the Secretary to review emergency response authorities, including historical precedents and implementation of provisions authorizing an emergency fund for responding to natural disasters, and to report biennially to the congressional public works committees on amounts expended in the previous five fiscal years on Corps flood control projects.
Title IV: River Basins And Coastal Areas - (Sec. 4001) Amends the WRDA of 2007 to direct the Secretary to allocate funds to the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of their respective interstate compacts.
(Sec. 4002) Directs the Secretary of the Army, in consultation with specified federal officials, to improve forecasting on the Mississippi River by: (1) updating forecasting technology deployed on the Mississippi River and its tributaries, (2) constructing additional sedimentation ranges on the River, and (3) deploying additional automatic identification system base stations at river gage sites. Requires the Secretary to report to Congress on activities to improve forecasting and make such report publicly available.
Authorizes the Secretary to study improvements to navigation and aquatic ecosystem restoration in the middle Mississippi River.
Directs the Secretary to carry out, and report on, a study of the greater Mississippi Basin to: (1) improve management of water resource projects in the Basin relating to severe flooding and drought conditions, and (2) identify and evaluate modifications to those water resource projects and the development of new water resource projects to improve the reliability of navigation and more effectively reduce flood risk.
Authorizes the Secretary to carry out activities outside the authorized federal navigation channel along the Mississippi River, including the construction and operation of maintenance of fleeting areas that are necessary for safe and reliable navigation in the federal channel and that have been identified in a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water events.
(Sec. 4003) Directs the Secretary, in coordination with specified federal agencies, to establish a program to: (1) monitor soil moisture and the snowpack in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management, (2) restore and maintain existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service (NRCS), and (3) operate streamflow gages and related interpretive studies in such Basin under the cooperative water program and the national streamflow information program of the United States Geological Service (USGS). Authorizes the Secretary to enter into cooperative agreements with other federal agencies to carry out such program.
Directs the Comptroller General to report to the congressional public works committees on progress in implementing recommendations for enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin.
Directs the Secretary to: (1) conduct a feasibility study for projects to address shoreline erosion in the Upper Missouri River Basin (including the states of South Dakota, North Dakota, and Montana) resulting from the operation of a reservoir constructed under the Pick-Sloan Missouri River Basin Program; and (2) include in the presidential budget request a report describing activities for mitigation of fish and wildlife losses.
(Sec. 4004) Directs the Secretary to establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma.
(Sec. 4005) Increases the authorization of appropriations for ecosystem restoration program for the Lower Columbia River and Tillamook Bay estuaries, Oregon and Washington.
(Sec. 4006) Extends through FY2019 the authorization of appropriations for flood damage reduction and ecosystem restoration for the Rio Grande River Basin.
(Sec. 4007) Directs the Secretary to conduct a feasibility study for carrying out projects for aquatic ecosystem restoration and flood risk reduction that will mitigate the impacts of extreme weather events, including floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers in Idaho and Montana.
(Sec. 4008) Amends the WRDA of 1999 to provide design and construction assistance for water-related environmental infrastructure and resource protection and developments in Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming. Increases the authorization of appropriations for such assistance.
(Sec. 4009) Directs the Secretary to conduct a feasibility study for carrying out projects to restore aquatic ecosystems within the coastal waters from Virginia to Maine, including associated bays, estuaries, and critical riverine areas.
(Sec. 4010) Directs the Secretary to: (1) develop a comprehensive Chesapeake Bay restoration plan to guide restoration projects in the Chesapeake Bay; and (2) establish at least one project in regions within the Chesapeake Bay watershed of each of the basin states of Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia.
Increases funding for Chesapeake Bay oyster restoration activities.
(Sec. 4011) Directs the Secretary to review Louisiana's Comprehensive Master Plan for a Sustainable Coast for the purposes of coastal protection and restoration and to identify and conduct feasibility studies for up to 10 projects included in such Master Plan.
Amends the WRDA of 2007 to include as a purpose of the coastal Louisiana ecosystem science and technology program the examination of a system-wide approach to coastal sustainability.
(Sec. 4012) Authorizes the Secretary to reassign unused irrigation storage within the Red River Basin to storage for municipal and industrial water supply for use by a state or local interest that entered into an agreement for water supply storage at that reservoir prior to the enactment of this Act.
(Sec. 4014) Directs the Secretary to conduct feasibility studies for carrying out Corps projects in coastal zones to enhance ocean and coastal ecosystem resiliency.
Title V: Water Infrastructure Financing - Subtitle A: State Water Pollution Control Revolving Funds - (Sec. 5001) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to grant the EPA Administrator general authority to make capitalization grants to states to establish a water pollution control revolving fund to accomplish the objectives, goals, and policies of such Act.
(Sec. 5002) Imposes additional requirements on states participating in the CWA State Revolving Fund (SRF) Program, including that: (1) states will establish, maintain, invest, and credit the Fund so that it will be available in perpetuity for CWA activities; (2) any fees charged by the state to recipients of assistance that are considered program income will be used to finance the cost of administering the Fund; (3) beginning in FY2016, states will require that a grant or loan recipient has evaluated the cost effectiveness of a project and has selected an activity that maximizes the potential for efficient water use, reuse, recapture, and conservation; and (4) a recipient has used required criteria for negotiating a contract using funds made available by a capitalization grant.
(Sec. 5003) Amends the CWA, with respect to the SRF Program, to: (1) expand the projects and activities that may be funded under such Program; (2) permit states to provide additional subsidization, including forgiveness of principal and negative interest loans, to benefit municipalities that meet specified affordability criteria; and (3) require states, not later than September 30, 2015, to establish affordability criteria to assist in identifying municipalities that would experience a significant hardship in raising revenue to finance a CWA project or activity.
(Sec. 5004) Prohibits funds made available from a state water pollution control revolving fund from being used for the construction, alteration, maintenance, or repair of a treatment works unless all of the iron and steel used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.
(Sec. 5005) Directs the EPA Administrator to: (1) conduct a review of the current allocation formula under CWA to determine whether such formula adequately addresses the water quality needs of eligible states, territories, and Indian tribes; and (2) report on such review to the congressional public works committees.
(Sec. 5006) Makes this subtitle effective on October 1, 2014.
Subtitle B: General Provisions - (Sec. 5011) Expands the Watershed Pilot Projects Program to provide for watershed partnerships to address non-point sources of pollution, the development of an integrated water resource plan, the development of a municipality-wide plan that identifies the most effective placement of stormwater technologies and management approaches, and efforts to assess future risks and vulnerabilities of publicly-owned treatment works.
(Sec. 5012) Modifies the definition of "treatment works" under the CWA to provide that the construction of a project includes acquisition of land necessary for construction.
(Sec. 5013) Directs the EPA Administrator, for FY2015 and each fiscal year thereafter, to reserve not less than 0.5% and not more than 2% of available funds for revolving fund loans to Indian tribes under the CWA.
(Sec. 5014) Directs the Secretary to establish a pilot program to evaluate the cost effectiveness of allowing non-federal applicants to carry out authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, aquatic ecosystem restoration, and hurricane and storm damage reduction.
Subtitle C: Innovative Financing Pilot Projects - Water Infrastructure Finance and Innovation Act of 2014 - (Sec. 5023) Authorizes the Secretary of the Army and the EPA Administrator to provide financial assistance to carry out pilot projects to develop critical water resources infrastructure, including:
- a project for flood control or hurricane and storm damage reduction, environmental restoration, coastal or inland harbor navigation improvement, or inland and intracoastal waterways navigation improvement that the Secretary determines is technically sound, economically justified, and environmentally acceptable;
- activities that are eligible for assistance under water pollution control revolving loan funds or drinking water state revolving loan funds;
- projects for enhanced energy efficiency in the operation of a public water system or a publicly-owned treatment works;
- projects for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility;
- a brackish or sea water desalination project, managed aquifer recharge project, or water recycling project; and
- acquisition of property that is integral to such water resources infrastructure projects or pursuant to an existing plan that would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this title.
(Sec. 5027) Specifies activities that are eligible for assistance, including the cost of::
- development-phase activities;
- construction, reconstruction, rehabilitation, and replacement activities;
- the acquisition of property, environmental mitigation, construction contingencies, and acquisition of equipment; and
- capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.
(Sec. 5028) Sets forth eligibility requirements for receiving financial assistance under this subtitle. Directs the Secretary or the EPA Administrator to establish criteria for the selection of projects that meet such requirements.
(Sec. 5029) Authorizes the Secretary or the Administrator to enter into agreements to make secured loans to finance eligible project costs. Limits the amount of such a loan to the lesser of: (1) 49% of the reasonably anticipated eligible project costs, and (2) the amount of the senior obligations of the project if the loan does not receive an investment-grade rating.
Authorizes the Secretary or Administrator to establish fees to cover the costs of making such loans. Limits the total amount of federal assistance for such projects to 80% of the total project costs. Exempts from such limitation any rural water project that is authorized to be carried out by the Secretary of the Interior and that has an Indian tribe as a beneficiary.
Authorizes the Secretary or the Administrator to provide a loan guarantee in lieu of making a secured loan if the Secretary or Administrator determines that the budgetary cost of such guarantee is substantially the same as that of a secured loan.
(Sec. 5030) Requires the Secretary or the Administrator to establish a uniform system to service the federal credit instruments made available under this title. Authorizes the Secretary or the Administrator to: (1) collect and spend fees, contingent on authority being provided in appropriations acts, at a level that is sufficient to cover the costs of services of experts in the field of municipal and project finance and the costs of servicing such instruments; and (2) appoint a financial entity to assist in servicing such instruments.
(Sec. 5031) Provides that the provision of financial assistance for a project under this subtitle shall not: (1) relieve any assistance recipient of any obligation to obtain any required state, local, or tribal permit or approval with respect to the project; (2) limit the right of any state, local, or tribal government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any state, local, or tribal law applicable to the construction or operation of the project.
(Sec. 5033) Authorizes appropriations for FY2015-FY2019 to carry out this subtitle. Requires the Secretary or the Administrator, as applicable, to set aside at least 15% of amounts made available for small community water infrastructure projects.
(Sec. 5034) Requires the Secretary or the Administrator to publish on a publicly assessable website: (1) each application received for assistance under this subtitle, and (2) a list of the projects selected for assistance.
Requires the Comptroller General, not later than four years after the enactment of this Act, to submit to the congressional public works committees a report summarizing information relating to the projects that are receiving or that have received assistance under this subtitle, with recommendations.
(Sec. 5035) Prohibits amounts made available under this subtitle from being used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this title unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. Exempts from such prohibition cases in which the Secretary finds that: (1) applying such prohibition would be inconsistent with the public interest, (2) such goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or (3) including such goods will increase the cost of the overall project by more than 25%.
Title VI: Deauthorization And Backlog Prevention - (Sec. 6001) States as the purposes of this title: (1) the identification of $18 billion in water resources development projects that are no longer viable for construction due to a lack of local support, a lack of available federal or non-federal resources, or an authorizing purpose that is no longer relevant or feasible; (2) the creation of an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction; and (3) the continued authorization of such projects that are viable for construction.
Amends the WRDA of 1986 to require the Secretary of the Army to: (1) submit to the congressional public works committees, and make publicly available, a list of projects authorized for construction for which funding has been obligated and the amount of such funding; (2) compile and publish a list of all Corps projects that are authorized for construction but that have not been completed; (3) develop an interim deauthorization list that identifies each water resources development project authorized for construction before November 8, 2007, for which construction was not initiated before the enactment of this Act or was not funded; and (4) develop a final deauthorization list that includes a list of projects that have an aggregate estimated cost to complete that is at least $18 billion.
(Sec. 6002) Directs the Secretary to: (1) conduct an assessment of all properties under the control of the Corps, (2) develop an inventory of the properties that are not needed for the missions of the Corps, and (3) provide such inventory to the Administrator of the General Services Administration (GSA) and the congressional public works committees.
(Sec. 6003) Deauthorizes any water resources development project authorized for construction by this Act for which funds have not been obligated within seven years after enactment of this Act. Requires the Secretary to submit to the congressional public works committees a report identifying such projects.
Requires the Secretary to report to the congressional public works committee: (1) a list of any water resources development projects authorized by this Act that have not been completed within 12 years after enactment of this Act, (2) a description of the reasons the projects were not completed, (3) a schedule for the completion of the projects, and (4) a 5-year and 10-year projection of construction backlog with recommendations on mitigating the backlog.
(Sec. 6004) Deauthorizes projects for: (1) flood protection on Walnut Creek, California; (2) navigation, Eightmile River, Connecticut; (3) navigation, Hillsborough Bay and River, Florida; (4) shoreline protection for the Kahului Wastewater Reclamation Facility, Maui, Hawaii; (5) navigation, Illinois Waterway and Grand Calumet River, Illinois; (6) Port of Iberia, Louisiana; (7) navigation, Rockland Harbor and Thomaston Harbor, Maine; (8) improvements on the Corsica River and navigation projects, Maryland; (9) navigation, Gloucester Harbor and Annisquam River, Massachusetts; (10) improvements in levees in Clatsop County, Oregon; (11) flood protection on the East Fork of the Trinity River, Texas; (12) navigation, Burnham Canal, Wisconsin; (13) navigation, Manitowoc Harbor, Wisconsin; (14) navigation, Seward Harbor, Alaska; and (15) flowage easement at Port of Hood River, Oregon.
(Sec. 6005) Provides for conveyances of federal land to the city of Oakland, California; St. Charles County, Missouri; the Tulsa Port of Catoosa, Oklahoma; the city of Warrenton, Oregon; the Commonwealth of Virginia; and the city of Asotin, Washington.
Title VII: Water Resources Infrastructure - (Sec. 7001) Directs the Secretary of the Army to: (1) develop and submit to the congressional public works committees, not later than February 1 of each year, a report entitled "Report to Congress on Future Water Resources Development"; (2) publish in the Federal Register, not later than May 1 of each year, and make publicly available 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; and (3) 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 are related to the missions and authorities of the Corps, that require specific congressional authorization, that have not been congressionally authorized, that have not been included in any previous annual report, and that, if authorized, could be carried out by the Corps.(Sec. 7002) Authorizes the Secretary to carry out final feasibility studies with respect to: (1) navigation in Louisiana, Florida, Georgia, Massachusetts, and Texas; (2) flood risk management in California, Kansas, Kentucky, Iowa, Minnesota, Missouri, Nevada, and North Dakota; (3) hurricane and storm damage risk reduction in California, Florida, Louisiana, and North Carolina; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Florida, Louisiana, Maryland, Minnesota, North Carolina, Oregon, and Virginia.
(Sec. 7003) Authorizes the Secretary to carry out water resources development and conservation projects in Iowa, Illinois, Maryland, Minnesota, Missouri, Nebraska, and Texas that have been recommended by the Secretary.
(Sec. 7004) Provides for expedited consideration by Congress, until December 31, 2018, of authorizations of water resources development or conservation projects.