H. Rept. 113-246 - 113th Congress (2013-2014)
October 21, 2013, As Reported by the Transportation and Infrastructure Committee

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House Report 113-246 - WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2013




[House Report 113-246]
[From the U.S. Government Printing Office]


113th Congress                                            Rept. 113-246
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1
_______________________________________________________________________

                                     

 
           WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2013

                               ----------                              


                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                              to accompany

                               H.R. 3080

                             together with

                            ADDITIONAL VIEWS

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


October 21, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

           WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2013

113th Congress                                            Rept. 113-246
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1
_______________________________________________________________________

                                     


           WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2013

                               __________


                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                              to accompany

                               H.R. 3080

                             together with

                            ADDITIONAL VIEWS

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


October 21, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed


113th Congress                                            Rept. 113-246
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================




           WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2013

                                _______
                                

October 21, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3080]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3080) 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................    44
Background and Need for Legislation..............................    44
Hearings.........................................................    45
Legislative History and Consideration............................    45
Committee Votes..................................................    46
Committee Oversight Findings.....................................    46
New Budget Authority and Tax Expenditures........................    47
Congressional Budget Office Cost Estimate........................    47
Performance Goals and Objectives.................................    51
Advisory of Earmarks.............................................    51
Duplication of Federal Programs..................................    52
Disclosure of Directed Rule Makings..............................    52
Federal Mandate Statement........................................    52
Preemption Clarification.........................................    52
Advisory Committee Statement.....................................    52
Applicability of Legislative Branch..............................    52
Section-by-Section Analysis of Legislation.......................   520
Additional Matters...............................................   277
Changes in Existing Law Made by the Bill, as Reported............   279
Committee Correspondence.........................................   320
Additional Views.................................................   336

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water Resources 
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. Removal of duplicative analyses.
Sec. 106. Expediting approval of modifications and alterations of 
projects by non-Federal interests.
Sec. 107. Construction of projects by non-Federal interests.
Sec. 108. Contributions by non-Federal interests.
Sec. 109. Contributions by non-Federal interests for management of 
Corps of Engineers inland navigation facilities.
Sec. 110. Additional contributions by non-Federal interests.
Sec. 111. Clarification of impacts to other Federal facilities.
Sec. 112. Clarification of previously authorized work.
Sec. 113. Tribal partnership program.
Sec. 114. Technical corrections.
Sec. 115. Water infrastructure public-private partnership pilot 
program.
Sec. 116. Annual report to Congress.
Sec. 117. Actions to be taken in conjunction with the President's 
annual budget submission to Congress.
Sec. 118. Hurricane and storm damage reduction study.
Sec. 119. Non-Federal plans to provide additional flood risk reduction.
Sec. 120. Review of emergency response authorities.
Sec. 121. Emergency communication of risk.
Sec. 122. Improvements to the National Dam Safety Program Act.
Sec. 123. Restricted areas at Corps of Engineers dams.
Sec. 124. Levee safety.
Sec. 125. Vegetation on levees.
Sec. 126. Reduction of Federal costs.
Sec. 127. Advanced modeling technologies.
Sec. 128. Enhanced use of electronic commerce in Federal procurement.
Sec. 129. Corrosion prevention.
Sec. 130. Resilient construction and use of innovative materials.
Sec. 131. Assessment of water supply in arid regions.
Sec. 132. River basin commissions.
Sec. 133. Sense of Congress regarding water resources development 
bills.
Sec. 134. Donald G. Waldon Lock and Dam.
Sec. 135. Aquatic invasive species.
Sec. 136. Recreational access.
Sec. 137. Territories of the United States.
Sec. 138. Sense of Congress regarding interstate water agreements and 
compacts.

                   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.

                      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 (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. REMOVAL OF DUPLICATIVE ANALYSES.

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

SEC. 106. 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. 107. 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.

SEC. 108. 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. 109. 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. 110. 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. 111. 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. 112. 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. 113. 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. 114. 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. 115. 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. 116. 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. 117. 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. 118. 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. The Secretary may include those 
recommendations in the report entitled ``Report to Congress on Future 
Water Resources Development'', developed in accordance with this Act.

SEC. 119. 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. 120. 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) incorporate the science on expected rates of sea-level 
        rise and extreme weather events; and
          (4) incorporate the work completed by the Hurricane Sandy 
        Rebuilding Task Force, established by Executive Order 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. 121. 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) 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.
  (c) 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. 122. 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. 123. 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. 124. 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. 125. 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.

SEC. 126. 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. 127. 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. 128. 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. 129. 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. 130. 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. 131. 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. 132. 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. 133. 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. 134. 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. 135. 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. 136. 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. 137. 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''; and
          (2) 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. 138. 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.

                   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) public health and safety related equipment for 
                responding to coastal and inland emergencies;
                  ``(I) recreation purposes; and
                  ``(J) 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, 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; and
                  ``(C) 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.

                      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 102(a) of the Water 
        Resources Development Act of 1986 (33 U.S.C. 2212(a)), 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; and
          (3) a schedule for the completion of the projects based on 
        expected levels of appropriations.

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) Lower Ohio River, Illinois and Kentucky.--The project for 
navigation, Lower Ohio River, Locks and Dams 52 and 53, Illinois and 
Kentucky, authorized by section 3(a)(6) of the Water Resources 
Development Act of 1988 (102 Stat. 4013), is modified to authorize the 
Secretary to construct the project at a total cost of $2,300,000,000, 
with a first Federal cost of $2,300,000,000.
  (c) 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.

                         Purpose of Legislation

    H.R. 3080 authorizes the United States Army Corps of 
Engineers to carry out water resources development activities 
for the Nation, usually through cost-sharing partnerships with 
non-federal sponsors. Activities include navigation, flood 
damage reduction, shoreline protection, hydropower, dam safety, 
water supply, recreation, environmental restoration and 
protection, and disaster response and recovery.
    H.R. 3080 also makes fundamental reforms to the Corps of 
Engineers planning process, accelerates project delivery, 
empowers non-federal project sponsors, and strengthens 
congressional oversight.

                  Background and Need for Legislation

    America is blessed with an unparalleled network of natural 
harbors and rivers. The ports, channels, locks, dams, and other 
infrastructure that support our maritime and waterways 
transportation system and provide flood protection for our 
homes and businesses are vitally important to a healthy 
national economy and job growth.
    Ensuring a sound infrastructure network is a shared 
responsibility, with a strong federal role recognized by our 
Founding Fathers. The Water Resources Reform and Development 
Act (WRRDA) of 2013 promotes our Nation's competitiveness, 
prosperity, and economic growth by upholding the seminal 
federal responsibility to maintain a strong transportation 
infrastructure and ensure the efficient flow of domestic and 
international commerce.
    Through WRRDA, Congress authorizes the key missions of the 
Corps of Engineers, including developing, maintaining, and 
supporting the Nation's economically vital waterway 
infrastructure and supporting effective and targeted flood 
protection and environmental restoration needs.
    WRRDA also provides Congress the opportunity to make much 
needed policy reforms, strengthen oversight, cut red tape, 
reduce bureaucracy, and open the door to innovation and 
stronger partnerships that will improve infrastructure 
development.
    Historically, water resources legislation has been enacted 
every two years to provide oversight of and policy direction to 
the Administration and the Corps of Engineers. But since such a 
measure has not been enacted since 2007, Congress has been 
silent on needed reforms and has failed to take action to 
develop, maintain, and support our Nation's vital water 
infrastructure needs.

                                Hearings

    On April 16, 2013, the Subcommittee on Water Resources and 
Environment held a hearing on ``The Foundations for a New Water 
Resources Development Act.'' On April 24, 2013, the 
Subcommittee on Water Resources and Environment held a hearing 
on ``The President's Fiscal Year 2014 Budget: Administration 
Priorities for the U.S. Army Corps of Engineers.'' On June 5, 
2013, the Subcommittee on Water Resources and Environment held 
a hearing on ``A Review of the United States Army Corps of 
Engineers Chief's Reports.''

                 Legislative History and Consideration

    On September 11, 2013, House Committee on Transportation 
and Infrastructure Chairman Bill Shuster and Ranking Member 
Nick Rahall and Subcommittee on Water Resources and Environment 
Chairman Bob Gibbs and Ranking Member Tim Bishop introduced 
H.R. 3080, the Water Resources Reform and Development Act 
(WRRDA) of 2013. On September 19, 2013, the Committee on 
Transportation and Infrastructure met in open session and 
ordered the bill reported favorably to the House by voice vote 
with a quorum present.
    An amendment was offered in Committee by Chairman Shuster 
making several technical and conforming changes, including a 
number of additions and clarifications to the introduced 
version of H.R. 3080. The amendment was unanimously approved by 
voice vote.
    An amendment was offered in Committee by Representative 
DeFazio, which was withdrawn. The amendment would have created 
new authority for the Corps of Engineers related to aquatic 
invasive species control.
    An amendment was offered in Committee by Representative 
Hahn, which was withdrawn. The amendment would have increased 
the percentage spent on expanded uses of the Harbor Maintenance 
Trust Fund pursuant to section 201 of H.R. 3080.
    An amendment was offered in Committee by Representative 
Hahn, which was withdrawn. The amendment would have taken the 
Harbor Maintenance Trust Fund off-budget.
    An amendment was offered in Committee by Representative 
Southerland, which was amended by a substitute amendment by 
Chairman Shuster. The substitute amendment offered by Chairman 
Shuster clarifies the roles of the federal government, the Army 
Corps of Engineers, Congress, and the states during interstate 
disputes over water supply. The Shuster substitute amendment 
was adopted by voice vote.
    An amendment was offered in Committee by Representative 
Napolitano, which was withdrawn. The amendment would have 
required that no less than 30 percent of those Harbor 
Maintenance taxes go back to the state in which they were 
collected.
    An amendment was offered in Committee by Representative 
Brown of Florida, which was withdrawn. The amendment would have 
authorized, on a contingent basis, those Chief's Reports that 
were completed within one year from the time H.R. 3080 is 
enacted.
    An amendment was offered in Committee by Representative 
Nolan, which was withdrawn. The amendment would have prohibited 
states from indemnifying the Corps of Engineers during the 
construction of a project if that indemnification was counter 
to state law.
    An amendment was offered in Committee by Representative 
Frankel, which was withdrawn. The amendment would have 
authorized the Corps of Engineers to utilize foreign sources of 
sediment for beach nourishment projects.
    An amendment was offered in Committee by Representative 
Cohen, which was withdrawn. The amendment would direct the 
development of a management plan through a new multi-agency 
program for the purpose of identifying opportunities for 
ecosystem restoration projects along the entire length of the 
Mississippi River.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no record votes taken in connection 
with consideration of H.R. 3080.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 3080 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 21, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3080, the Water 
Resources Reform and Development Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                    Douglas W. Elmendorf, Director.
    Enclosure.

H.R. 3080--Water Resources Reform and Development Act of 2013

    Summary: H.R. 3080 would authorize the U.S. Army Corps of 
Engineers (Corps) to construct water projects for mitigating 
storm and hurricane damage, restoring ecosystems, and improving 
flood management. The legislation also would authorize the 
agency to assist states and local governments with levee safety 
programs and to assist Indian tribes with planning and 
technical assistance for water resources projects. Finally, 
H.R. 3080 would direct the Corps to implement a pilot program 
to enter agreements with nonfederal partners to manage and 
construct certain projects. Those agreements would be subject 
to appropriation of all federal costs.
    Assuming appropriation of the necessary amounts, including 
adjustments for anticipated inflation, CBO estimates that 
implementing H.R. 3080 would cost about $3.5 billion over 2014-
2018 period. Spending would continue for authorized projects 
after 2018, and CBO estimates that such spending would total 
$4.7 billion over the 2019-2023 period.
    Pay-as-you-go procedures do not apply because enacting the 
bill would not affect direct spending or revenues.
    H.R. 3080 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3080 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2014      2015      2016      2017      2018    2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Title I
    Program Reforms and Streamlining
        Estimated Authorization Level..............        78        78        76        86        90        408
        Estimated Outlays..........................        33        57        66        76        81        314
Title IV
    Water Resources Infrastructure
        Estimated Authorization Level..............       787       803       820       838       857      4,105
        Estimated Outlays..........................       315       557       687       780       798      3,137
Other Provisions
    Estimated Authorization Level..................         5         1         *         *         1          9
    Estimated Outlays..............................         3         3         1         *         1          8
    Total Changesa
        Estimated Authorization Level..............       870       882       897       925       949      4,422
        Estimated Outlays..........................       351       617       754       857       880      3,459
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding. * = less than $500,000.
aCBO estimates that spending on authorized projects would continue after 2018 and total $4.7 billion over the
  2019-2023 period.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3080 will be enacted early in 2014 and that the necessary 
amounts will be appropriated for each fiscal year. Estimates of 
amounts necessary to implement the bill are based on 
information from the Corps of Engineers, and outlays are 
estimated based on historical spending patterns for similar 
projects.

Title I--Program Reforms and Streamlining

    CBO estimates that implementing title I would cost $314 
million over the 2014-2018 period, assuming appropriation of 
the necessary amounts.
    Title I would direct the Corps to establish a pilot program 
to enter into partnerships with nonfederal entities to 
construct 15 water infrastructure projects. Those projects 
would be selected by the Corps to improve coastal harbors and 
navigation; to reduce hurricane, storm, and flood damage; and 
to restore aquatic ecosystems. Under the partnerships, 
nonfederal entities would manage the construction, financing, 
and design of those projects according to plans approved by the 
Corps. However, under title I, the Corps could not enter into 
any such partnerships until the necessary amounts to complete 
those projects have been appropriated. Based on information 
provided by the Corps on the cost of projects that could meet 
the selection criteria in the bill, CBO estimates that federal 
costs would total $50 million over the 2014-2018 period, 
assuming appropriation of necessary amounts.
    Title 1 also would direct the Corps to establish federal 
guidelines for ensuring the safety of levees and would 
authorize the Corps, upon request, to enter into agreements 
with the state or local governments to provide planning 
assistance and technical expertise to improve levee safety. 
Based on information provided by the Corps on federal costs to 
develop guidelines and provide such assistance and assuming 
appropriation of necessary amounts, CBO estimates that the 
program would cost $61 million over the 2014-2018 period.
    Title I would increase discretionary costs because it would 
expand and clarify the Corps' existing authorities to carry out 
certain activities. CBO estimates that those costs would total 
$193 million over the 2014-2018 period. Those activities 
include:
          
 Controlling aquatic invasive species in the 
        nation's navigable waters;
          
 Improving fish habitat in areas where the 
        Corps' projects are near fish hatcheries;
          
 Streamlining environmental reviews and 
        coordinating with other federal agencies to quickly 
        resolve environmental issues that affect water 
        resources projects;
          
 Crediting nonfederal project sponsors with 
        in-kind contributions above their cost-share 
        requirement or prior to finalizing a project 
        cooperation agreement; and
          
 Renewing the Corps' authority to assist 
        Indian tribes with planning and technical expertise for 
        constructing water resources projects.
    Finally, title I also would cost $10 million to implement a 
variety of specified studies and management initiations.

Title IV--Water Resources Infrastructure

    CBO estimates that implementing title IV would cost about 
$3.1 billion over the 2014-2018 period, assuming appropriation 
of the necessary amounts.
    Title IV would authorize the Corps to construct 23 new 
projects that are designed to improve the nation's navigation 
system, strengthen flood-risk management, and restore the 
environment.
    The six largest projects would have a total estimated cost 
of $8.8 billion, with the federal share of those costs totaling 
about $5.3 billion. CBO estimates that $2.1 billion of those 
costs would be incurred over the 2014-2018 period. Those 
projects are:
          
 Mid-Chesapeake Bay Island Ecosystem 
        Restoration Project to restore wetlands in Maryland;
          
 Louisiana Coastal Area Ecosystem 
        Restoration, including six separable elements to 
        restore shoreline and swamp ecosystems and reduce marsh 
        degradation;
          
 American River Watershed Common Features 
        project to reduce risk from floods in the Natomas Basin 
        near Sacramento, California;
          
 Mississippi Coastal Improvement Program to 
        reduce risks from hurricanes, storms, and floods;
          
 Fargo-Moorhead Metropolitan area in 
        Minnesota and North Dakota to reduce risks from floods; 
        and
          
 Sabine Neches Waterway in southwest Texas 
        and southeast Louisiana to improve navigation.
    Based on information from the Corps, CBO estimates that 
construction costs for the other 17 projects would total about 
$1 billion over the next five years.

Other provisions

    H.R. 3080 would direct the Corps to implement changes to 
navigation projects on the Inland Waterway system aimed at 
improving delivery times and reducing cost overruns. The bill 
also would require the Corps to evaluate the efficiency of fuel 
tax collections on the nation's waterways that are deposited 
into the Inland Waterways Trust Fund (IWTF), evaluate 
alternative approaches for increasing collections to the fund, 
and study the use of tax-exempt bonds to fund inland waterways 
projects. Based on information from the Corps, CBO estimates 
that implementing those provisions would cost $7 million over 
the 2014-2018 period.
    H.R. 3080 also would aim to clear project backlogs by 
directing the Corps to identify and publish in the Federal 
Register inactive projects authorized prior to enactment of the 
Water Resources Development Act of 2007. The bill defines 
projects as inactive if construction has not commenced or if 
funds were not provided for a project in the five years prior 
to July 1, 2013. Six months after being listed in the Federal 
Register, those projects would be automatically deauthorized 
unless a nonfederal sponsor provides funding to complete the 
project. Also, to prevent future backlogs, projects authorized 
in H.R. 3080 would be automatically deauthorized if no funds 
have been appropriated for those projects after seven years. 
Based on information from the Corps, CBO estimates that the 
provision would cost around $500,000 to implement over the 
2014-2018 period.
    The bill would withdraw the authorization for 13 Corps 
projects originally authorized before 1964. Information from 
the Corps indicates that those projects are complete and no 
additional construction is planned; therefore, CBO expects that 
deauthorizing them would not have a budget impact.
    Finally, H.R. 3080 would direct the Corps to prioritize 
navigation projects funded with appropriations from the Harbor 
Maintenance Trust Fund (HMTF) based on regional and national 
needs associated with the nation's harbors. The bill also would 
establish targets for appropriations that would be equal to an 
increasing percentage of annual revenues and interest credited 
to the fund. Over the past five years, appropriations from the 
HMTF have averaged around $800 million a year--or about $700 
million a year less than the revenues and interest credited to 
the fund. However, because current law authorizes the 
appropriation of whatever sums as are necessary from the HMTF, 
CBO estimates that this provision would not increase the 
amounts authorized to be appropriated from the HMTF.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3080 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Several provisions, including those that allow 
nonfederal partners more flexibility and authority to complete 
water projects and those that authorize the Cherokee Nation to 
build hydroelectric facilities, would benefit state, local, and 
tribal governments. Those new authorities could result in 
increased spending by public entities, but those expenditures 
would be the result of voluntary actions and not 
intergovernmental mandates.
    Previous CBO estimate: On April 17, 2013, CBO transmitted a 
cost estimate for a version of S. 601, the Water Resources 
Development Act of 2013, that was provided to CBO by the Senate 
Committee on Environment and Public Works on April 12, 2013.
    CBO estimated that implementing S. 601 would cost $5.7 
billion over the 2014-2018 period. Significant differences 
between H.R. 3080 and S. 601 are highlighted below:
    
 H.R. 3080 would authorize four new projects that 
would not be authorized by S. 601.
    
 Both H.R. 3080 and S. 601 would authorize the 
appropriation of more than $1 billion for the Olmsted 
navigation project in Illinois and Kentucky. The cost estimate 
for S. 601 that CBO prepared in April 2013 included the cost of 
this authorization. However, on October 17, 2013, an increase 
in the authorized cost for the Olmsted project was enacted by 
Public Law 113-46. As a result, CBO did not include any 
additional authorization cost for the Olmsted project in the 
cost estimate for H.R. 3080.
    
 S. 601 would authorize the Corps to establish 
grant programs to assist local and state governments with levee 
safety; CBO estimates that program would cost $230 million over 
the 2014-2018 period. H.R. 3080 would authorize the Corps to 
provide technical and planning assistance but does not include 
grants to provide financial assistance to state and local 
governments. CBO estimates that this provision would cost $50 
million over the 2014-2018 period.
    
 S. 601 includes a loan guarantee program for state 
and local governments and certain nongovernmental entities to 
complete water infrastructure projects that is not included in 
H.R. 3080. CBO estimates that loan guarantee program would cost 
$40 million over the 2014-2018 period.
    Estimate prepared by: Federal Costs: Aurora Swanson; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize the key missions of the Corps of Engineers, including 
developing, maintaining, and supporting the Nation's 
economically vital waterway infrastructure and supporting 
effective and targeted flood protection and environmental 
restoration needs. Additionally, H.R. 3080 is intended to cut 
federal red tape and bureaucracy, accelerate the project 
delivery process, promote fiscal responsibility, and strengthen 
our water transportation networks to promote competiveness, 
prosperity, and economic growth. Finally, WRRDA will make major 
reforms to increase transparency, accountability, and 
congressional oversight in reviewing and prioritizing future 
water resources development activities.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 3080 establishes 
or reauthorizes a program of the federal government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 3080 specifically 
directs the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code. Section 
103 of H.R. 3080 requires the Corps of Engineers to carry out a 
rulemaking regarding environmental streamlining of water 
resources development feasibility studies.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3080 does not 
preempt any state, local, or tribal law. H.R. 3080 preserves 
the rights and permitting authorities of states.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation, though the Inland Waterways Users Board, as 
created in the Water Resources Development Act of 1986, under 
Section 212 of H.R. 3080 has to comply with the Federal 
Advisory Committee Act.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation


               TITLE I--PROGRAM REFORMS AND STREAMLINING


Section 101. Vertical integration and acceleration of studies

    This section limits Corps of Engineers feasibility studies 
to 3 years and $3 million in federal costs per feasibility 
study. It also requires District, Division, and Headquarters 
personnel to concurrently conduct reviews of a feasibility 
study. For any feasibility study not complete after 3 years, 
upon notification of the non-federal project sponsor and 
Congress, the Secretary of the Army may take up to one 
additional year to complete the feasibility study. If the 
feasibility study is still not complete, authorization for the 
feasibility study is terminated.
    The Committee has been concerned about the length of time 
it often takes for the Corps of Engineers to complete its 
feasibility studies. While there are several reasons studies 
can sometimes take 15 years or more, the Committee believes 
that the time can be shortened by setting the deadlines 
established in this legislation. The schedule set by this 
section closely follows the one which the Corps is working to 
implement administratively. The Committee believes that setting 
an aggressive schedule in statute will increase the likelihood 
that necessary effort and resources will be provided so that 
feasibility studies will be completed in 3 years after the date 
of a feasibility cost-sharing agreement with a non-federal 
sponsor.

Section 102. Expediting the evaluation and processing of permits

    This section provides permanent authority for the Corps of 
Engineers to accept funds from non-federal public interests to 
expedite the processing of permits within the regulatory 
program of the Corps of Engineers. Additionally, this section 
allows public utility companies to participate in the program. 
Finally, this section directs the Secretary to ensure that the 
use of the authority does not slow down the permit processing 
time of applicants that do not participate in the section 214 
program.
    According to testimony presented to the Committee, more 
than $220 billion in annual economic investment is directly 
related to activities associated with the Corps of Engineers 
regulatory program, specifically, decisions reached under 
section 404 of the Clean Water Act. Currently, not every Corps 
of Engineers District utilizes the section 214 program. By 
authorizing a permanent program, the Committee provides 
direction and encourages each District to participate in the 
section 214 program and ensure regulatory decisions are reached 
in a timely manner. The Committee expects that when funds are 
offered by an entity under this section, the Secretary will 
accept and utilize those funds in an expeditious manner.

Section 103. Environmental streamlining

    This section accelerates Corps of Engineers studies and 
reviews by requiring that the Secretary of the Army hold the 
lead role in facilitating the environmental review process; 
creates opportunities for non-federal sponsors to assume 
greater responsibilities in protecting public health, safety, 
and the environment; and authorizes deadlines for all agencies 
providing materials and comments for studies and reviews.
    Section 103(b) applies to water resources project studies 
carried out pursuant to section 905 of the Water Resources 
Development Act of 1986. This section is not intended to apply 
to the Corps of Engineers regulatory authorities, including 
those related to section 404 of the Clean Water Act or section 
10 of the Rivers and Harbors Act of 1899, for other non-Corps 
of Engineers infrastructure projects. For example, if a 
pipeline company was pursuing a project to construct or expand 
a pipeline to transport energy products, and that pipeline 
project, because its proposed route was over navigable water, 
would require a permit under the Clean Water Act, nothing in 
this section would affect the regulatory review undertaken by 
the Corps as it relates to such project.
    In this section, non-federal interests are meant to be 
inclusive in nature, and River Basin Commissions should be 
considered as a non-federal interest as it pertains to this 
section.

Section 104. Consolidation of studies

    This section repeals requirements that the Corps of 
Engineers conduct a reconnaissance study prior to initiating a 
feasibility study. It creates an accelerated process that 
allows non-federal project sponsors and the Corps of Engineers 
to proceed directly to the feasibility study.
    While repealing the requirement that the Corps of Engineers 
carry out reconnaissance studies and produce a reconnaissance 
report, some of the activities prescribed by Section 905(b) of 
the Water Resources Development of 1986, as amended, may be 
carried out at the beginning of the feasibility study process 
as required under section 101 of this Act. At any point during 
a feasibility study, the Secretary may terminate the study when 
it is clear that a project in the public interest is not 
possible for technical, legal, or financial reasons.

Section 105. Removal of duplicative analyses

    This section repeals a requirement that the Corps of 
Engineers re-evaluate cost estimates immediately after initial 
cost estimates have been completed.
    While the Committee applauds the Corps of Engineers for 
centuries of planning, constructing, and operating and 
maintaining projects that are integral to the Nation's economic 
security, implementation of section 911 of the Water Resources 
Development Act of 1986 has led to unnecessary and duplicative 
reviews. Value engineering is a useful tool in carrying out 
water resources development projects, however, requiring the 
analysis of cost estimates immediately after costs have been 
initially estimated is counter-productive. By repealing section 
911, the Committee intends the Corps of Engineers to continue 
to apply value engineering techniques to projects, but to apply 
them in consultation with contractors immediately prior to or 
after the project has initiated construction.

Section 106. Expediting approval of modifications and alterations of 
        project by non-federal interests

    This section requires the Secretary of the Army to develop 
a 45-day benchmark for reviewing and processing applications 
from non-federal entities to modify or improve eligible federal 
water resources projects, and a 180-day benchmark for those 
applications on more complicated project modifications.
    The Committee has heard from numerous stakeholders 
regarding critiques of Corps of Engineers implementation of 
section 14 of the Rivers and Harbors Appropriation Act of 1899, 
commonly referred to as ``section 408'' activities. While the 
Corps of Engineers should continue to make determinations on 
modifications of existing federal projects pursuant to section 
408, the Committee supports benchmarking as a tool for the 
agency to utilize to reach decisions in a timely manner. The 
benchmarks in this Act are intended to provide clarity for when 
determinations should be reached in many instances. If 
determinations are reached prior to those benchmarks in this 
Act, it is not the intent of the Committee that the Corps delay 
the determination until the benchmark is reached. Rather, the 
Corps should make the non-federal interest aware of the 
determination as soon as possible within the benchmark windows 
required by this section.

Section 107. Construction of projects by non-federal interests

    This section authorizes non-federal project sponsors to 
provide funds to the Corps of Engineers to carry out studies 
and authorizes non-federal project sponsors to carry out 
authorized federal water resources development projects.
    The Committee has heard from numerous stakeholders who have 
financing in place that is in excess of the non-federal 
requirements and would like the opportunity to either carry out 
an authorized activity on their own, or contract with the Corps 
of Engineers to carry out the work on a federal project, as 
they can do for flood control projects currently under section 
211 of the Water Resources Development Act of 1996. Under 
current law and practice, it is very difficult for the Corps of 
Engineers to accept contributed funds to carry out authorized 
activities if no federal funds have been designated for that 
activity. This section of this Act is intended to remedy this 
situation to authorize the Corps of Engineers to accept and 
expend contributed funds absent federal funds, or to authorize 
the non-federal interest to carry out the work on a federal 
project subject to credit or reimbursement.
    Since 1986, Congress has authorized this arrangement 
several times, but only for a limited set of project purposes. 
By repealing certain sections of law, this section is also 
intended to harmonize section 204 of the Water Resources 
Development Act of 1986, section 206 of the Water Resources 
Development Act of 1992, section 404 of the Water Resources 
Development Act 1990, and section 211 of the Water Resources 
Development Act 1996. This section is intended to apply to all 
congressionally-authorized water resources studies and 
projects, including those activities typically associated with 
pre-construction, engineering, and design work, commonly 
referred to as ``P.E.D.''

Section 108. Contributions by non-federal interests

    This section clarifies the non-federal interests that may 
contribute funds toward construction of authorized water 
resources projects. Additionally, this section clarifies that 
inland navigation facilities and the repair of water resources 
facilities after an emergency declaration are eligible for 
contributed funds from non-federal interests.
    For example, this section clarifies non-federal interests, 
as defined by section 221 of the Flood Control Act of 1970 as 
amended, to participate in the financing of the construction of 
projects on the inland navigation system. Currently, capital 
improvement projects are financed 50 percent from the General 
Fund of the Treasury, and 50 percent from the Inland Waterway 
Trust Fund. While this section does not alter that arrangement, 
it does authorize non-federal interests to finance capital 
improvement projects on the inland navigation system. For 
instance, under current law, a state cannot finance the 
construction of a new lock and dam. This section is intended to 
authorize that type of financing activity.

Section 109. Contributions by non-federal interests for management of 
        Corps of Engineers inland navigation facilities

    This section authorizes the Secretary of the Army to accept 
non-federal contributions from non-federal entities to operate 
and maintain the Nation's inland waterways transportation 
system.
    The Corps of Engineers is undergoing a review of those 239 
lock projects at 193 sites on the inland navigation system to 
prioritize operation and maintenance funding needs. Up until 
several years ago, almost all of the locks in the system were 
manned 24 hours a day, 7 days a week, 365 days a year. However, 
due to the age of the system, limited use for some of the 
projects that are far up on tributaries, and limited operation 
and maintenance funds, the Corps of Engineers is proposing to 
limit the operations of certain locks on a District-by-District 
basis. While the Committee applauds the Corps in their efforts 
to prioritize projects, the Committee is wary of a lack of 
coordination amongst Districts when implementing these changes 
in hours of service and, in a few cases, proposals to limit the 
hours of service based on inaccurate or limited data.
    While changes in hours of service are imminent and in some 
cases have already been implemented, non-federal interests have 
expressed a willingness to finance the operations and 
maintenance of projects where the hours of service have been 
proposed to be reduced. This section is intended to allow the 
Corps of Engineers to accept such funds to ensure traffic is 
not unduly impacted on the inland navigation system.

Section 110. Additional contributions by non-federal interests

    This section allows the Secretary to accept funds from a 
non-federal interest for any authorized water resources 
development project that meets or exceeds their cost limit as 
long as the federal share does not increase.

Section 111. Clarification of impacts to other federal facilities

    This section clarifies that when a Corps of Engineers 
project adversely impacts other federal facilities, the 
Secretary of the Army may accept funds from other federal 
agencies to address the impacts, including removal, relocation, 
and reconstruction of such facilities.
    For instance, the Committee is aware that the Corps of 
Engineers' planned Isabella Lake Dam Safety Modification 
Project will require damage to or demolition of multiple U.S. 
Forest Service administrative, workshop, and recreation 
buildings and facilities around the reservoir. Failure to 
rebuild or relocate these facilities could cause severe 
economic hardship to the communities in the region. A 1964 
memorandum of agreement between the Secretaries of the Army and 
Agriculture indicates the Corps of Engineers' commitment to 
replace any Forest Service facilities adversely affected by 
Corps projects. The 2008 Ancillary Operating Agreement No. 4 
for Lake Isabella, California, between the Corps of Engineers 
Sacramento District Engineer and Sequoia National Forest 
Supervisor indicates the Corps shall replace recreation and 
administrative facilities that are impacted by Lake Isabella 
project activities. However, recently the Corps of Engineers 
has concluded that it does not have sufficient authority to 
replace Forest Service facilities impacted by the Lake Isabella 
project. Therefore, the Committee strongly encourages the Corps 
of Engineers to explore all available solutions to rebuild or 
relocate U.S. Forest Service facilities impacted by the 
Isabella Lake Dam Safety Modification Project.

Section 112. Clarification of previously authorized work

    This section clarifies that the Corps of Engineers may 
carry out measures to improve fish species habitat within the 
boundaries and downstream of a Corps project that includes a 
fish hatchery if the Corps is explicitly authorized to 
compensate for fish losses associated with the project.
    The Committee is aware of the confusion surrounding work 
carried out by the Corps of Engineers related to compliance 
requirements of other laws outside of the jurisdiction of the 
Committee. This section is intended to clarify the Corps of 
Engineers has the authority to carry out work for compliance 
activities related to the Endangered Species Act.

Section 113. Tribal partnership program

    This section authorizes the Corps of Engineers to carry out 
water-related planning activities and construct water resources 
development projects that are located primarily within Indian 
country.
    Previous Water Resources Development Acts have authorized 
individual Tribes to carry out these activities. This section 
is intended to provide this authority generically so that all 
Tribes may benefit.
    Tribes associated with Corps of Engineers projects have 
specific needs regarding management of resources. This section 
is intended to allow Tribes, as sovereign entities, to develop 
contractual agreements with the federal government to allow for 
coordinated management of resources and evaluation of the 
effects of Corps of Engineers management on tribally important 
issues.

Section 114. Technical corrections

    This section corrects two provisions in the Water Resources 
Development Act of 2007 that have not been properly executed 
due to unintended interpretations. In previous Water Resources 
Development Acts, credit was authorized for individual 
projects. However, many of these provisions had been written 
differently over time, though the intent was the same. In an 
effort to harmonize those activities for which credit could be 
authorized, Congress requested technical assistance from the 
Corps of Engineers in drafting a credit provision that could be 
applied to all Corps projects. While the language provided by 
the Corps of Engineers was part of the Water Resources 
Development Act of 2007, the Corps then came back to Congress 
saying that specific section of law could not be executed. This 
provision ensures non-federal project sponsors receive credit 
for contributions to carrying out federal water resources 
development projects that are in excess of non-federal cost-
sharing requirements. This section also provides for in-kind 
credit for work done by the non-federal sponsor prior to 
execution of a project cooperation agreement with the Corps of 
Engineers for work done prior to the enactment of this Act.
    This section explicitly authorizes the Secretary to enter 
into a written agreement with the non-federal interest to 
credit certain costs and in-kind contributions against the non-
federal share of cost of the project.
    The Committee typically receives numerous requests for 
project-specific credit during the development of this Act. 
While requests for credit typically have received favorable 
consideration in this legislation and prior water resources 
legislation, the Committee has concluded that a general 
provision allowing credit under specified conditions would 
minimize the need for future project-specific provisions and, 
at the same time, assure consistency in considering future 
proposals for credit.
    The Committee is becoming increasingly wary of non-federal 
interests advocating for credit for work not captured by a 
cost-sharing agreement or a partnership agreement. The 
Committee would strongly encourage non-federal interests to 
sign cost-sharing agreements and partnership agreements prior 
to carrying out any work related to a proposed project, 
otherwise such work will not be eligible for credit.

Section 115. Water infrastructure public-private partnership pilot 
        program

    This section authorizes the Secretary of the Army to enter 
into agreements with non-federal interests, including private 
entities, to finance construction of at least 15 authorized 
water resources development projects.
    The definition of water resources development projects is 
intended to cover Corps of Engineers activities related to 
construction and major rehabilitation projects.

Section 116. Annual report to Congress

    This section requires the Secretary of the Army to annually 
publish a notice in the Federal Register requesting proposals, 
from non-federal interests, for project authorizations, 
studies, and modifications to existing Corps of Engineers 
projects. Further, it requires the Secretary submit to Congress 
and make publicly available an annual report of those 
activities that are related to the missions of the Corps of 
Engineers and require specific authorization by law. 
Additionally, this section requires the Secretary to certify 
the proposals included in the annual report meet the criteria 
established by Congress in this section.
    The section requires that information be provided about 
each proposal that is in the annual report submitted to the 
Congress. This information is meant to help the Committee and 
the Congress set priorities regarding which potential studies, 
projects, and modifications will receive authorizations. The 
Secretary is expected to make use of information that is 
readily available and is not expected to begin a detailed and 
time-consuming analysis for additional information.
    During Committee consideration of H.R. 3080, the Manager's 
Amendment contained a provision to require the Corps of 
Engineers submit to Congress an appendix containing description 
of those projects requested by non-federal interests that were 
not included in the annual report. The activities to be 
included in the appendix provide an additional layer of 
transparency that will allow Congress to review all non-federal 
interest submittals to the Corps of Engineers. This will allow 
Congress to receive a more complete spectrum of potential 
project studies, authorizations, and modifications. Activities 
described in the appendix are not subject to authorization from 
Congress.

Section 117. Actions to be taken in conjunction with the President's 
        annual budget submission to Congress

    This section requires the Corps of Engineers, as part of 
the President's annual budget process, to identify and 
recommend to Congress water resources projects that should 
receive the fully authorized amount of funding in each of the 
current and succeeding four fiscal years, assuming an annual 
construction budget of $2 billion. This information is meant to 
inform the Congress on which projects potentially could be 
fully funded in a single fiscal year making it possible to 
construct a project using the most efficient construction 
schedule. This section also requires the Corps of Engineers, as 
part of the President's annual budget process, to report to 
Congress on the prioritization of federal actions to be carried 
out during the next fiscal year to mitigate for fish and 
wildlife losses as a result of Corps of Engineers projects in 
the Missouri River Basin.

Section 118. Hurricane and storm damage reduction study

    This section requires the Secretary of the Army to make 
specific project recommendations to Congress as a result of the 
study funded in the Disaster Relief Appropriations Act of 2013.

Section 119. Non-federal plans to provide additional flood risk 
        reduction

    This section authorizes the Secretary of the Army to carry 
out a locally preferred plan at non-federal expense if that 
project increment provides a higher level of flood protection 
and is economically justified, technically achievable, and 
environmentally acceptable.
    In certain cases, non-federal project sponsors would prefer 
the Corps of Engineers carry out a locally-preferred plan that 
is more robust than that recommended in a Chief's Report. In 
current practice, the Corps of Engineers will carry out a more 
robust locally preferred plan at the request of the non-federal 
interest. This provision is intended to merely codify current 
practice as it relates to flood damage reduction projects 
authorized in this Act, and as such, is not intended to affect 
current law with respect to establishing cost share for an 
authorized project.

Section 120. Review of emergency response authorities

    This section authorizes the Secretary of the Army to 
evaluate alternative levels of restoration for federal flood 
damage reduction projects that are damaged after storm events.
    Under Public Law 84-99, section 5 of the 1941 Act, the 
Corps of Engineers has the authority to repair or restore 
certain qualifying flood damage reduction projects that have 
been impacted by storm events, and may strengthen, raise, 
extend, or otherwise modify these projects at the discretion of 
the Secretary of the Army. Typically, the Corps of Engineers 
will, at a minimum, repair these projects to their pre-event 
condition. This section is intended for the Corps of Engineers 
to review their historic and current practices in implementing 
Public Law 84-99 activities, including activities related to 
economically feasible, non-structural alternatives.

Section 121. Emergency communication of risk

    This section authorizes the Secretary of the Army to 
establish procedures for notifying the public and affected 
governments and Indian tribes of flood risk when precipitation 
and runoff in a river basin presents a risk to life and 
property.
    Following the flood events on the Missouri River and 
Mississippi River in 2011, concern was raised by Members of 
Congress related to the lack of communication from the Corps of 
Engineers to non-federal interests during these events. While 
the duration and volume of these events are difficult to 
predict and conditions are variable, the Committee has an 
expectation of improved communications from the Corps of 
Engineers during subsequent storm events.

Section 122. Improvements to the National Dam Safety Program act

    This section authorizes technical and clarifying changes to 
the Federal Emergency Management Agency's National Dam Safety 
Program.

Section 123. Restricted areas at Corps of Engineers dams

    This section would prohibit the Secretary of the Army from 
installing permanent barriers or restricting public access in 
the vicinity of the 10 dams on the Cumberland River in Kentucky 
and Tennessee.

Section 124. Levee safety

    This section amends the Planning Assistance to States 
program to include state and other non-federal levee safety 
programs as an eligible activity and authorizes the Corps of 
Engineers to provide technical assistance to states and other 
appropriate non-federal interests that voluntarily participate 
in levee safety activities.

Section 125. Vegetation on levees

    This section requires the Secretary of the Army to re-issue 
regulations regarding vegetation on levees that take into 
consideration and incorporate regional characteristics, habitat 
for species of concern, and levee performance.

Section 126. Reduction of federal costs

    This section authorizes the Corps of Engineers to place 
dredged material in nearby shoreline systems to protect coastal 
infrastructure and reduce emergency repair costs.

Section 127. Advanced modeling technologies

    This section encourages the Corps of Engineers to utilize 
industry best modeling practices to expedite project delivery 
or improve the evaluation of water resources development 
projects.

Section 128. Enhanced use of electronic commerce in federal procurement

    This section requires the Secretary of the Army submit a 
report to Congress detailing activities carried out by the 
Corps of Engineers in order to comply with procurement laws 
related to electronic bidding.

Section 129. Corrosion prevention

    This section encourages the Corps of Engineers to 
incorporate corrosion prevention activities to extend the 
lifecycle of federal water resources projects.

Section 130. Resilient construction and innovative technology

    This section encourages the Corps of Engineers to use 
durable, resilient, and sustainable materials in carrying out 
activities related to water resources development projects.
    For the purposes of this section, ``resilient'' means 
construction methods or materials that allow a project to 
resist hazards brought on by a major disaster and to continue 
to provide the primary functions of the project after a major 
disaster, and reduce the magnitude or duration of a disruptive 
event to a project.

Section 131. Assessment of water supply in arid regions

    This section requires the Secretary of the Army to issue a 
report on practices, priorities, and authorized purposes at 
Corps of Engineers reservoirs in arid regions of the United 
States and their effect on water supply during times of 
drought.
    The intent of this section is to direct the Secretary to 
look at reservoirs under the jurisdiction of the Secretary in 
regions typically associated with drought conditions in the 
West to determine if existing operations and management can be 
modified to allow for greater capture of stormwater runoff for 
potential use in water reuse, recycling and groundwater 
recharge. The Committee believes that the Secretary has some 
administrative capacity to modify operations to accommodate the 
capture of stormwater.

Section 132. River Basin Commissions

    This section requires that, for every year the President 
does not request funding for Corps of Engineers activities 
related to participating in River Basin Commissions, the 
Secretary of the Army must submit to Congress a justification 
on the lack of funding and an analysis of the associated 
impacts.
    River Basin Commissions are providing an important role in 
organization and coordination on watershed level impacts and 
issues. The funding of the River Basin Commissions is based on 
joint support from the River basin states and the federal 
government. The lack of the federal share is resulting in 
reduced state involvement, which is leading to a loss of 
important coordination on watershed level water quality and 
water allocation issues. The Committee impresses upon the 
Secretary the importance of providing support to the River 
Basin Commissions that the Congress, through previous Water 
Resources Development Acts, has directed be accomplished.

Section 133. Sense of Congress regarding water resources development 
        bills

    This section re-affirms that Water Resources Development 
Acts should be considered by Congress every two years.

Section 134. Donald G. Waldon lock and dam

    This section provides that it is the Sense of Congress that 
a lock and dam in Alabama be named after Donald G. Waldon, a 
former administrator of the Tennessee-Tombigbee Waterway.

Section 135. Aquatic invasive species

    This section amends section 104 of the River and Harbor Act 
of 1958 by adding the removal of aquatic invasive species as an 
eligible activity under the program for the eradication of 
noxious aquatic plant growth. The intent of this section is to 
have the Secretary manage and control aquatic invasive species, 
including both aquatic plant and animal species.

Section 136. Recreational access

    This section clarifies that floating cabins on reservoirs 
cannot be prohibited by the Corps of Engineers if they meet the 
United States Coast Guard definition of a recreational vessel.

Section 137. Territories of the United States

    This section updates the cost sharing responsibilities for 
the Corps of Engineers for work performed in American Samoa, 
Guam, Northern Mariana Islands, the Virgin Islands, and the 
Trust Territory of the Pacific Islands.

Section 138. Sense of Congress regarding interstate water agreements 
        and compacts

    This Sense of Congress emphasizes the role of the Congress, 
the Corps of Engineers, states, and non-federal interests 
during interstate disputes over water supply and water 
management and recognizes the primary responsibility on 
interstate water agreements and compacts ultimately rests with 
the states.

                   TITLE II--NAVIGATION IMPROVEMENTS


                           Subtitle A--Ports


Section 201. Expanded use of Harbor Maintenance Trust Fund

    This section sets target expenditures from the Harbor 
Maintenance Trust Fund increasing each year so that by fiscal 
year 2020, and every year thereafter, no less than 80 percent 
of the funds collected go to operation and maintenance 
activities. In each year where the target expenditures from the 
Harbor Maintenance Trust Fund are met, the Secretary of the 
Army may use up to five percent of the total expenditures on 
specific expanded uses, to consist of the dredging of berths 
and the dredging and disposal of contaminated sediments 
affecting a federal navigation project.
    This section is intended to incentivize expenditures out of 
the Harbor Maintenance Trust Fund. According to a May 2013 
estimate by the Congressional Budget Office, if no revisions 
were to be made to the Harbor Maintenance Trust Fund, in 2020 
the fund would collect $3.1 billion in revenues and interest, 
leading to a balance in the Harbor Maintenance Trust Fund of 
$18.9 billion. By incentivizing expenditure through the 
creation of annual targets, thereby leading to expanded uses of 
the Harbor Maintenance Trust Fund to those who currently do not 
benefit, the Committee believes more funds will go to their 
intended purposes while maintaining flexibility for the 
Committee on Appropriations to continue to fund other vital 
programs and activities.

Section 202. Assessment and prioritization of operation and maintenance

    This section requires the Secretary of the Army review the 
operation and maintenance needs of different types of harbors, 
and to identify the unmet needs in the President's annual 
budget submission to Congress. To the maximum extent 
practicable, the Secretary shall make future operation and 
maintenance expenditures based on an equitable allocation among 
all harbor types regardless of size and tonnage, based on the 
review and assessment made by the Secretary. For fiscal years 
2015 and 2016, the Secretary of the Army shall allocate 10 
percent of the annual Harbor Maintenance Trust Fund 
expenditures on harbors that have throughput of less than 1 
million tons.
    Currently, the Corps of Engineers utilizes annual tonnage 
as the primary metric by which to prioritize harbor maintenance 
funding. While it is important to prioritize limited funds, the 
Committee remains concerned that the annual tonnage metric is 
not an accurate representation of the values provided by the 
Nation's ports. For instance, some oil and gas fabrication 
ports on the Gulf Coast see little or no tonnage annually. 
However, these ports are vital to the economic security of the 
Nation. Other ports like some in the Northeast, the Gulf 
States, the Great Lakes, and Pacific Northwest are primarily 
used for subsistence or commercial fishing and are integral to 
regional economies.
    Another category of critical ports include those essential 
for the protection of public health and safety, such as those 
ports that serve as berthing areas for the United States Coast 
Guard, local police or fire vessels, or serve as critical 
points of access to service domestic power generation 
facilities, including nuclear facilities.
    Approximately 70 percent of annual Harbor Maintenance Trust 
Fund expenditures go to the 59 ports that receive the most 
annual tonnage. Approximately six percent of Harbor Maintenance 
Trust Fund expenditures go to ports with less than 1 million 
tons of annual throughput, yet the vast majority of the 
Nation's ports see less than 1 million tons annually. While the 
Corps of Engineers carries out the assessment, not less than 10 
percent of annual expenditures is to be spent on ports with 
less than 1 million tons of annual throughput.
    For the purposes of section 202, the ``Great Lakes'' means 
Lake Superior, Lake Huron, Lake Michigan, Lake Erie, and Lake 
Ontario. In addition, for the purposes of section 202, the 
``Great Lakes Navigation System'' means all connecting waters 
between the Great Lakes that are a federal responsibility with 
respect for operation and maintenance, any navigation features 
in the Great Lakes that are a federal operation or maintenance 
responsibility, and areas of the Saint Lawrence River that are 
operated or maintained by the government for commercial 
navigation.

Section 203. Preserving United States harbors

    This section authorizes non-federal interests to enter into 
agreements with the Secretary of the Army to provide the Corps 
of Engineers with an economic justification in order to receive 
priority federal operation and maintenance funding for 
authorized projects. Agreements under this section do not 
change the Secretary's responsibility to carry out at federal 
expense the maintenance of federal navigation channels, and 
nothing in this section is intended to affect the application 
of section 101 of the Water Resources Development Act of 1986 
to harbors that choose not to utilize the authority in this 
section.
    Many ports in the Nation would likely see more traffic if 
the channels leading to those were dredged on a more consistent 
basis. However, in many cases, to be eligible for funding from 
the Harbor Maintenance Trust Fund, they would have to see more 
than 1 million tons in annual throughput. Yet, those ports are 
caught in the unenviable situation of not being able to reach 
the annual tonnage metric since the channels leading to the 
port have not been dredged consistently. This section is 
intended to help ports get out of this ``Catch-22'' scenario 
created by the Corps of Engineers annual tonnage metric 
prioritization scheme.

Section 204. Consolidation of deep draft navigation expertise

    This section requires the Secretary of the Army to 
consolidate coastal navigation expertise into one location.

Section 205. Disposal Sites

    This section provides the ability for the Secretary of the 
Army, in concurrence with the Administrator of the 
Environmental Protection Agency, to reopen the Cape Arundel 
Disposal site in Maine under a set of specific limitations and 
a timeline.

                      Subtitle B--Inland Waterways


Section 211. Definitions

    This section defines the terms used in this subtitle.

Section 212. Project delivery process reforms

    This section requires the Secretary of the Army, for all 
capital improvement projects on the inland waterways navigation 
system, to utilize certified project managers, utilize risk-
based cost estimates, evaluate early contractor involvement 
acquisition procedures, review the use of fully funded 
contracts or continuing contracts, identify best management 
practices to speed project delivery, and develop a portfolio of 
standard design for inland navigation locks. This section also 
augments the duties of the Inland Waterways Users Board and 
requires the Secretary, in coordination with the Board, to 
submit to Congress a 20-year investment strategy for the 
Nation's inland and intracoastal waterways.

Section 213. Efficiency of revenue collection

    This section requires the Comptroller General of the United 
States to prepare an evaluation of current method of collection 
of the fuel taxes for the Inland Waterways Trust Fund and to 
review alternative methods of collection.

Section 214. Inland waterways revenue studies

    This section requires the Secretary of the Army, in 
coordination with the Secretary of the Treasury, to carry out a 
study on the feasibility of authorizing the issuance of 
federally tax-exempt bonds secured against available proceeds 
in the Inland Waterways Trust Fund. This section also requires 
the Secretary of the Army to evaluate alternative revenue 
options, including those recommended by the Inland Waterways 
Users Board, for financing inland waterways projects.

Section 215. Inland waterways stakeholder roundtable

    This section requires the Secretary of the Army to conduct 
a meeting of inland waterway stakeholders to review and 
evaluate alternatives to address the financial needs of the 
system.

Section 216. Preserving the Inland Waterway Trust Fund

    This section authorizes a change in cost-share for the 
inland navigation project in the vicinity of Olmsted, Illinois, 
to provide that for each fiscal year after the date of 
enactment, 25 percent of the cost of construction for the 
Olmsted Project shall be paid from the Inland Waterways Trust 
Fund; provides a sense of Congress that expenditures for the 
Olmsted project should be not less than $150 million annually 
until completion; and requires that for any inland navigation 
project that costs more than $500 million, the Secretary shall 
submit to Congress an annual financial plan for the project.
    The Committee remains concerned over the pace of progress 
at Olmsted Lock and Dam on the Ohio River. However, since this 
project ultimately impacts the pace of other projects in need 
of recapitalization, the Committee recommends a change in cost-
share for the project and is optimistic this will speed the 
pace of other projects on the inland navigation system.

Section 217. Public comment on lock operations

    This section requires the Secretary of the Army to provide 
a 90 day notice and public comment period before carrying out 
any modification to the operation of a navigation lock on the 
inland system.

Section 218. Assessment of operation and maintenance needs of the 
        atlantic intracoastal Waterway and Gulf Intracoastal Waterway

    This section requires the Secretary of the Army to conduct 
an assessment of the operation and maintenance needs of the 
Atlantic Intracoastal Waterway System and the Gulf Intracoastal 
Waterway system.

Section 219. Upper Mississippi River protection

    This section directs the Secretary of the Army to assess 
the implications of changing the operations of a navigation 
lock on the Upper Mississippi River System. Under subsection 
(b), the Secretary must make such a determination within one 
year of the date of enactment of this section, and may make 
such a determination based on the information provided by the 
study authorized by subsection (a) or any public or private 
source made available to the Secretary, including information 
provided by the State of Minnesota.
    The criteria set forth in this section apply solely to the 
Upper St. Anthony Falls Lock and Dam. The Corps of Engineers 
shall not use these criteria to close or limit the hours of 
operation of any other lock on the federal waterways.
    As mentioned in previous sections of this report, tonnage 
is an arbitrary metric and should not be used as the sole 
justification in other instances when addressing lock closures 
for any reason. The concerns at Upper St. Anthony Falls Lock 
and Dam are unique, not representative of other projects on the 
Nation's inland navigation system, and should not be used as 
precedent for agency determinations on other projects.

Section 220. Corps of Engineers lock and dam energy development

    This section encourages the development of hydropower 
generation capacity by non-federal interests at an existing 
Corps of Engineers lock and dam facility. Any development of 
hydropower generation capacity developed under this section 
would be financed entirely by the non-federal interests.

           TITLE III--DEAUTHORIZATIONS AND BACKLOG PREVENTION


Section 301. Deauthorization of inactive projects

    This section establishes a process that will lead to the 
deauthorization of old inactive projects valued at a minimum of 
$12 billion. It requires the Secretary of the Army submit a 
list of inactive projects to the Congress that were authorized 
prior to the Water Resources Development Act of 2007, have not 
begun construction, or, if they have begun construction, have 
not received any funds, federal or non-federal, in the past 5 
years. The Secretary shall identify projects from the oldest 
authorization to the newest until the total federal cost of the 
projects on the list totals $12 billion. After a 180 day period 
of congressional review, the projects on the list are 
deauthorized.
    This Section is not intended to apply to project studies, 
or any activities authorized in the Water Resources Development 
Act of 2007.
    Traditionally, Water Resources Development Acts contained 
lists of projects to be deauthorized. However, the Corps of 
Engineers has seemingly lost track of inactive projects. While 
the Committee applauds devoting scarce funds and human 
resources to active projects, the Committee expects the Corps 
of Engineers to be able to readily identify those projects 
subject to this section.

Section 302. Inventory and expedited disposition of excess properties

    This section requires the Secretary of the Army to complete 
an assessment of property under the control of the Corps of 
Engineers within one year and to identify and inventory 
property that is unnecessary for project needs. The Secretary 
is further directed to provide the inventory to the 
Administrator of General Services. The Corps of Engineers 
should keep property, real or otherwise, that is integral to 
their primary missions of providing for navigation, flood 
damage reduction, and aquatic ecosystem restoration.

Section 303. Backlog prevention

    This section terminates the authorization for any project 
or separable element of a project authorized for construction 
by this Act after 7 years unless construction has been 
initiated. At the end of the 7-year period, the Secretary must 
submit to the Committee on Transportation and infrastructure of 
the House and the Committee on Environment and Public Works of 
the Senate a report that identifies the projects deauthorized 
by this section. After the expiration of a 12-year period, the 
Secretary shall submit a report to the committees that 
identifies any projects for which construction has been 
initiated but not completed, describes the reasons the projects 
were not completed, and provides a schedule for the completion 
of the projects based on expected levels of appropriations.

Section 304. Deauthorizations

    This section deauthorizes components of 15 Corps of 
Engineers projects that had previously been authorized for 
navigation, flood control, shoreline protection, or public 
works projects.

Section 305. Land conveyances

    This section accomplishes the conveyance of land for two 
projects, both of which transfer lands that will be used either 
for inland waterways navigation or other public uses.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE


Section 401. Authorization of final feasibility studies

    This section authorizes 23 water resources projects that 
have completed the technical review by the Corps of Engineers 
and are recommended by the Chief of Engineers. The projects are 
authorized to be carried out in accordance with the plan, and 
subject to the conditions, described in the Chief's Reports. 
Each of the projects has as its primary purpose, one of the 
following: navigation, hurricane and storm damage risk 
reduction, flood risk management, environmental restoration.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

Section 402. Project modifications

    This section modifies three previously authorized water 
resources projects. These project modifications were requested 
by the Administration when the President submitted his fiscal 
year 2014 budget request to Congress. Subject to section 902 of 
the Water Resources Development Act of 1986, project cost 
increases must be authorized by Congress. This provision 
authorizes new cost levels for the following projects: Miami 
Harbor, Miami-Dade County, Florida; Olmsted Lock and Dam on the 
Lower Ohio River, Illinois and Kentucky; and Little Calumet 
River Basin, Cady Marsh Ditch, Indiana. For the Miami Harbor 
and Little Calumet River Basin projects, the authorization 
level provided in this section is sufficient to complete the 
projects. For the Olmsted project, the provision provides 
sufficient funding authority for approximately 5 years of work. 
The Administration would need to request and justify any 
additional funding authority.
    The Committee remains concerned over the pace of progress 
on the Olmsted Lock and Dam project on the Ohio River. While 
the Administration requested as part of their annual budget 
$3.1 billion in authority to complete the work, noting the 
history of cost-overruns and other problems with this project, 
the Committee was unwilling to authorize funding beyond that 
expected to be needed within the next 5 years. The Committee 
expects the Corps of Engineers to be able to justify an 
additional funding authorization after a period of time where 
tangible results can be reviewed.

                           Additional Matters

    Members of Congress have brought it to the attention of the 
Committee on Transportation and Infrastructure that in some 
instances when a non-federal interest desires to carry out what 
is typically a federal responsibility related to navigation 
modifications or improvements, the Corps of Engineers has 
required multiple, and at times, duplicative analyses of the 
same activity. Under current authorities from section 204 of 
the Water Resources Development Act of 1986 and section 14 of 
the Rivers and Harbors Act of 1899 (commonly referred to as 
``408''), the Corps of Engineers may have erroneously required 
two separate reports under two separate processes to improve or 
modify a federal navigation project that requires approvals 
under both laws.
    The Water Resources Reform and Development Act of 2013 
contains many reforms aimed at empowering non-federal 
interests. Two sections in particular, section 107, 
Construction of Projects by Non-Federal Interests, and section 
106, Expediting Approval of Modifications of Projects by Non-
Federal Interests, were included to accelerate project delivery 
by giving more authority to non-federal interests. Section 107 
specifically repeals section 204 of the Water Resources 
Development Act of 1986 and replaces it with a more streamlined 
process; and section 106 significantly accelerates the ``408'' 
decision process.
    While the Corps of Engineers has made strides in correctly 
delegating more of these approval activities to the District 
Engineer, and while the Corps is clarifying that separate and 
duplicative reports are not required, if the Secretary does not 
send clear direction to Division and District level personnel, 
the reforms contained in section 107 and section 106 of this 
Act may be slow to achieve.
    The Committee is concerned with the uncertainty facing 
coastal communities on the availability of appropriate natural 
resources for high-priority, authorized coastal projects. These 
projects are critically important to regional safety and 
resiliency during natural disasters, as well as to state and 
local economies and jobs. With respect to at least one 
identified project, the Corps of Engineers has been studying 
the availability of such materials for over a decade, in 
furtherance of the authorities under section 935 of the Water 
Resources Development Act of 1986. In August 2013, the Corps of 
Engineers in cooperation with the State of Florida completed 
the Southeast Florida Sediment Assessment and Needs 
Determination (SAND) Study in furtherance of determining the 
availability of domestic material to meet the authorized needs 
of five identified Florida counties. In this study, the Corps 
of Engineers determined that sufficient material is available 
to meet the ``planned, full-sized beach nourishment projects 
through 2062'' for the identified Florida counties. In 
addition, the Committee understands that use of materials 
identified in the SAND Study will not have any impact on 
materials that have already been placed on coastal projects. 
The Committee, therefore, encourages the Corps of Engineers, 
the State of Florida, and the identified counties to work in 
coordination to meet their authorized coastal project needs.
    America's engineering industry continues to provide 
critical technical expertise, innovation, and local knowledge 
to federal and state agencies in order to efficiently deliver 
water resource projects to the public. The Committee recognizes 
the valuable contributions made by the Nation's engineering 
industry to the work of the Corps of Engineers and urges the 
Corps to reinforce that partnership by taking full advantage of 
engineering industry capabilities to strengthen project 
performance, improve domestic competitiveness, and create jobs.
    When identifying the costs of construction for navigation 
projects, the Corps of Engineers, pursuant to the Act of June 
21, 1940 (more commonly known as the Truman-Hobbs Act) 
considers the cost of highway and railroad bridge alterations 
or removals as construction costs, eligible for cost share. 
However, for flood control projects and ecosystem restoration 
projects, local sponsors are currently required to pay the 
entire cost of a bridge alteration or removal as a non-federal 
responsibility to provide all lands, easements, rights-of-way, 
disposal areas, and relocations, pursuant to section 103(a) of 
the Water Resources Development Act of 1986, as amended. While 
that specific section is notably applicable to only flood 
control projects, the Corps has applied this responsibility 
broadly to other project purposes, such as ecosystem 
restoration purposes, as well.
    Bridge alterations and removals can be essential components 
of ecosystem restoration projects, such as related to large-
scale ecosystem restoration projects in the Pacific Northwest. 
As such, the Committee encourages the Secretary to explore 
whether such alterations and removals should, like navigation 
projects, be considered as part of the costs of construction of 
an ecosystem restoration project, and to report to the 
Committee on its findings. If the Secretary determines that 
such alterations and removals are integral to meeting the goals 
of ecosystem restoration projects, the Secretary shall develop 
new guidance for ecosystem restoration projects that fits their 
unique needs.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

WATER RESOURCES DEVELOPMENT ACT OF 2000

           *       *       *       *       *       *       *


TITLE II--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Cost Sharing.--
          (1) Ability to pay.--
                  (A) * * *
                  (B) Use of procedures.--[The ability]
                          (i) In general.--The ability of a 
                        non-Federal interest to pay shall be 
                        determined by the Secretary in 
                        accordance with procedures established 
                        by the Secretary.
                          (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).

           *       *       *       *       *       *       *

  [(e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out subsection (b) $5,000,000 for each 
of fiscal years 2002 through 2012, of which not more than 
$1,000,000 may be used with respect to any 1 Indian tribe.]
  (e) Restrictions.--The Secretary is authorized to carry out 
activities under this section in fiscal years 2014 through 
2023.

           *       *       *       *       *       *       *


SEC. 214. FUNDING TO PROCESS PERMITS.

  (a) In General.--The Secretary, after public notice, may 
accept and expend funds contributed by a non-Federal public 
entity or public-utility company (as defined in section 1262 of 
the Public Utility Holding Company Act of 2005 (42 U.S.C. 
16451)) to expedite the evaluation of a permit of that entity 
or company related to a project or activity for a public 
purpose under the jurisdiction of the Department of the Army. 
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.

           *       *       *       *       *       *       *

  [(e) Duration of Authority.--The authority provided under 
this section shall be in effect from October 1, 2000, through 
December 31, 2016.]

           *       *       *       *       *       *       *

                              ----------                              


                WATER RESOURCES DEVELOPMENT ACT OF 2007

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

                      TITLE II--GENERAL PROVISIONS

     * * * * * * *
[Sec. 2045. Project streamlining.]
Sec. 2045. Streamlined project delivery.

           *       *       *       *       *       *       *


TITLE II--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 2008. REVISION OF PROJECT PARTNERSHIP AGREEMENT; COST SHARING.

  (a) Federal Allocation.--Upon authorization by law of an 
increase in the maximum amount of Federal funds that may be 
allocated for a water resources project or an increase in the 
total cost of a water resources project authorized to be 
carried out by the Secretary, the Secretary shall enter into a 
revised partnership agreement for the project to take into 
account the change in Federal participation in the project. 
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.

           *       *       *       *       *       *       *


SEC. 2033. PLANNING.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Centers of Specialized Planning Expertise.--
          (1) * * *

           *       *       *       *       *       *       *

          (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. 2045. PROJECT STREAMLINING.

  [(a) Policy.--The benefits of water resources projects are 
important to the Nation's economy and environment, and 
recommendations to Congress regarding such projects should not 
be delayed due to uncoordinated or inefficient reviews or the 
failure to timely resolve disputes during the development of 
water resources projects.
  [(b) Scope.--This section shall apply to each study initiated 
after the date of enactment of this Act to develop a 
feasibility report under section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282), or a reevaluation 
report, for a water resources project if the Secretary 
determines that such study requires an environmental impact 
statement under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.).
  [(c) Water Resources Project Review Process.--The Secretary 
shall develop and implement a coordinated review process for 
the development of water resources projects.
  [(d) Coordinated Reviews.--The coordinated review process 
under this section may provide that all reviews, analyses, 
opinions, permits, licenses, and approvals that must be issued 
or made by a Federal, State, or local government agency or 
Indian tribe for the development of a water resources project 
described in subsection (b) will be conducted, to the maximum 
extent practicable, concurrently and completed within a time 
period established by the Secretary in cooperation with the 
agencies identified under subsection (e) with respect to the 
project.
  [(e) Identification of Jurisdictional Agencies.--With respect 
to the development of each water resources project, the 
Secretary shall identify, as soon as practicable, all Federal, 
State, and local government agencies and Indian tribes that 
may--
          [(1) have jurisdiction over the project;
          [(2) be required by law to conduct or issue a review, 
        analysis, or opinion for the project; or
          [(3) be required to make a determination on issuing a 
        permit, license, or approval for the project.
  [(f) State Authority.--If the coordinated review process is 
being implemented under this section by the Secretary with 
respect to the development of a water resources project 
described in subsection (b) within the boundaries of a State, 
the State, consistent with State law, may choose to participate 
in the process and to make subject to the process all State 
agencies that--
          [(1) have jurisdiction over the project;
          [(2) are required to conduct or issue a review, 
        analysis, or opinion for the project; or
          [(3) are required to make a determination on issuing 
        a permit, license, or approval for the project.
  [(g) Memorandum of Understanding.--The coordinated review 
process developed under this section may be incorporated into a 
memorandum of understanding for a water resources project 
between the Secretary, the heads of Federal, State, and local 
government agencies, Indian tribes identified under subsection 
(e), and the non-Federal interest for the project.
  [(h) Effect of Failure to Meet Deadline.--
          [(1) Notification.--If the Secretary determines that 
        a Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest that is participating in 
        the coordinated review process under this section with 
        respect to the development of a water resources project 
        has not met a deadline established under subsection (d) 
        for the project, the Secretary shall notify, within 30 
        days of the date of such determination, the agency, 
        Indian tribe, or non-Federal interest about the failure 
        to meet the deadline.
          [(2) Agency report.--Not later than 30 days after the 
        date of receipt of a notice under paragraph (1), the 
        Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest involved may submit a 
        report to the Secretary, explaining why the agency, 
        Indian tribe, or non-Federal interest did not meet the 
        deadline and what actions it intends to take to 
        complete or issue the required review, analysis, or 
        opinion or determination on issuing a permit, license, 
        or approval.
          [(3) Report to congress.--Not later than 30 days 
        after the date of receipt of a report under paragraph 
        (2), the Secretary shall compile and submit a report to 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives, the Committee on 
        Environment and Public Works of the Senate, and the 
        Council on Environmental Quality, describing any 
        deadlines identified in paragraph (1), and any 
        information provided to the Secretary by the Federal, 
        State, or local government agency, Indian tribe, or 
        non-Federal interest involved under paragraph (2).
  [(i) Limitations.--Nothing in this section shall preempt or 
interfere with--
          [(1) any statutory requirement for seeking public 
        comment;
          [(2) any power, jurisdiction, or authority that a 
        Federal, State, or local government agency, Indian 
        tribe, or non-Federal interest has with respect to 
        carrying out a water resources project; or
          [(3) any obligation to comply with the provisions of 
        the National Environmental Policy Act of 1969 and the 
        regulations issued by the Council on Environmental 
        Quality to carry out such Act.]

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.

           *       *       *       *       *       *       *


TITLE V--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 5019. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE, 
                    MARYLAND, PENNSYLVANIA, AND VIRGINIA.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                              ----------                              


WATER RESOURCES DEVELOPMENT ACT OF 1986

           *       *       *       *       *       *       *


TITLE II--HARBOR DEVELOPMENT

           *       *       *       *       *       *       *


[SEC. 204. CONSTRUCTION OF PROJECTS BY NON-FEDERAL INTERESTS.

  [(a) Authority.--In addition to projects undertaken pursuant 
to sections 201 and 202 of this title, any non-Federal interest 
is authorized to undertake navigational improvements in harbors 
or inland harbors of the United States, subject to obtaining 
any permits required pursuant to Federal and State laws in 
advance of the actual construction of such improvements.
  [(b) Studies and Engineering.--When requested by an 
appropriate non-Federal interest the Secretary is authorized to 
undertake all necessary studies and engineering for any 
construction to be undertaken under the terms of subsection (a) 
of this section, and provide technical assistance in obtaining 
all necessary permits, if the non-Federal interest contracts 
with the Secretary to furnish the United States funds for such 
studies and engineering during the period that they are 
conducted.
  [(c) Completion of Studies.--The Secretary is authorized to 
complete and transmit to the appropriate non-Federal interest 
any study for improvements to harbors or inland harbors of the 
United States which were initiated prior to the date of 
enactment of this Act, or, upon the request of such non-Federal 
interest, to terminate such study and transmit such partially 
completed study to the non-Federal interest. The Secretary is 
further authorized to complete and transmit to the appropriate 
non-Federal interest any study for improvement to harbors or 
inland harbors of the United States that is initiated pursuant 
to section 107 of the River and Harbor Act of 1960 or, upon 
request of such non-Federal interest, to terminate such study 
and transmit such partially completed study to the non-Federal 
interest. Studies under this subsection shall be completed 
without regard to the requirements of subsection (b) of this 
section.
  [(d) Authority to Carry Out Improvement.--Any non-Federal 
interest which has requested and received from the Secretary 
pursuant to subsection (b) or (c) of this section, the 
completed study and engineering for an improvement to a harbor 
or an inland harbor, or separable element thereof, for the 
purpose of constructing such improvement and for which 
improvement a final environmental impact statement has been 
filed, shall be authorized to carry out the terms of the plan 
for such improvement. Any plan of improvement proposed to be 
implemented in accordance with this subsection shall be deemed 
to satisfy the requirements for obtaining the appropriate 
permits required under the Secretary's authority and such 
permits shall be granted subject to the non-Federal interest's 
acceptance of the terms and conditions of such permits: 
Provided, That the Secretary determines that the applicable 
regulatory criteria and procedures have been satisfied. The 
Secretary shall monitor any project for which permits are 
granted under this subsection in order to ensure that such 
project is constructed (and, in those cases where such 
activities will not be the responsibility of the Secretary, 
operated and maintained) in accordance with the terms and 
conditions of such permits.
  [(e) Reimbursement.--
          [(1) General rule.--Subject to the enactment of 
        appropriation Acts, the Secretary is authorized to 
        reimburse any non-Federal interest an amount equal to 
        the estimate of Federal share, without interest, of the 
        cost of any authorized harbor or inland harbor 
        improvement, or separable element thereof, including 
        any small navigation project approved pursuant to 
        section 107 of the River and Harbor Act of 1960, 
        constructed under the terms of this section if--
                  [(A) after authorization of the project (or, 
                in the case of a small navigation project, 
                after completion of a favorable project report 
                by the Corps of Engineers) and before 
                initiation of construction of the project or 
                separable element--
                          [(i) the Secretary approves the plans 
                        of construction of such project by such 
                        non-Federal interest, and
                          [(ii) such non-Federal interest 
                        enters into an agreement to pay the 
                        non-Federal share, if any, of the cost 
                        of operation and maintenance of such 
                        project; and
                  [(B) the Secretary finds before approval of 
                the plans of construction of the project that 
                the project, or separable element, is 
                economically justified and environmentally 
                acceptable.
          [(2) Matters to be considered in reviewing plans.--In 
        reviewing such plans, the Secretary shall consider 
        budgetary and programmatic priorities, potential 
        impacts on the cost of dredging projects nationwide, 
        and other factors that the Secretary deems appropriate.
          [(3) Monitoring.--The Secretary shall regularly 
        monitor and audit any project for a harbor or inland 
        harbor constructed under this subsection by a non-
        Federal interest in order to ensure that such 
        construction is in compliance with the plans approved 
        by the Secretary, and that costs are reasonable. No 
        reimbursement shall be made unless and until the 
        Secretary has certified that the work for which 
        reimbursement is requested has been performed in 
        accordance with applicable permits and the approved 
        plans.
  [(f) Operation and Maintenance.--Whenever a non-Federal 
interest constructs improvements to any harbor or inland 
harbor, the Secretary shall be responsible for maintenance in 
accordance with section 101(b) if--
          [(1) the Secretary determines, before construction, 
        that the improvements, or separable elements thereof, 
        are economically justified, environmentally acceptable, 
        and consistent with the purposes of this title;
          [(2) the Secretary certifies that the project is 
        constructed in accordance with applicable permits and 
        the appropriate engineering and design standards; and
          [(3) the Secretary does not find that the project, or 
        separable element thereof, is no longer economically 
        justified or environmentally acceptable.
  [(g) Demonstration of Non-Federal Interests Acting as Agent 
of Secretary.--For the purpose of demonstrating the potential 
advantages and efficiencies of non-Federal management of 
projects, the Secretary may approve as many as two proposals 
pursuant to which the non-Federal interests will undertake part 
or all of a harbor project authorized by Congress as the agent 
of the Secretary by utilizing its own personnel or by procuring 
outside services, so long as the cost of doing so will not 
exceed the cost of the Secretary undertaking the project.]

           *       *       *       *       *       *       *


SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (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) public health and safety related 
                equipment for responding to coastal and inland 
                emergencies;
                  (I) recreation purposes; and
                  (J) 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, 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.
  (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; and
                  (C) 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.

           *       *       *       *       *       *       *


TITLE III--INLAND WATERWAY TRANSPORTATION SYSTEM

           *       *       *       *       *       *       *


SEC. 302. INLAND WATERWAYS USERS BOARD.

  (a) * * *
  [(b) Duties.--The Users Board shall meet at least semi-
annually to develop and make recommendations to the Secretary 
regarding construction and rehabilitation priorities and 
spending levels on the commercial navigational features and 
components of the inland waterways and inland harbors of the 
United States for the following fiscal years. Any advice or 
recommendation made by the Users Board to the Secretary shall 
reflect the independent judgment of the Users Board. 
Notwithstanding section 3003 of Public Law104-66 (31 U.S.C. 
1113 note; 109 Stat. 734), the Users Board shall, by December 
31, 1987, and annually thereafter file such recommendations 
with the Secretary and with the Congress.
  [(c) Administration.--The Users Board shall be subject to the 
Federal Advisory Committee Act (83 Stat. 770; 5 U.S.C. App.), 
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. 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.]
  (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.
  (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.

           *       *       *       *       *       *       *


TITLE IX--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 902. MAXIMUM COST OF PROJECTS.

  [In order to insure] (a) In General._In order to insure 
against cost overruns, each total cost set forth with respect 
to a project for water resources development and conservation 
and related purposes authorized to be carried out by the 
Secretary in this Act or in a law enacted after the date of the 
enactment of this Act, including the Water Resources 
Development Act of 1988, or in an amendment made by this Act or 
any later law with respect to such a project shall be the 
maximum cost of that project, except that such maximum amount--
          (1) * * *

           *       *       *       *       *       *       *

  (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. 905. FEASIBILITY REPORTS.

  (a) Preparation of Reports.--
          (1) In general.--In the case of any water resources 
        project-related study authorized to be undertaken by 
        the Secretary that results in recommendations 
        concerning a project or the operation of a project and 
        that requires specific authorization by Congress in law 
        or otherwise, the Secretary shall [perform a 
        reconnaissance study and] prepare a feasibility report, 
        subject to section 105 of this Act.
          (2) Contents of feasibility reports.--A feasibility 
        report shall describe, with reasonable certainty, the 
        economic, environmental, and social benefits and 
        detriments of the recommended plan and alternative 
        plans considered by the Secretary and the engineering 
        features (including hydrologic and geologic 
        information), the public acceptability, and the 
        purposes, scope, and scale of the recommended plan. A 
        feasibility report shall also include the views of 
        other Federal agencies and non-Federal agencies with 
        regard to the recommended plan, a description of a 
        nonstructural alternative to the recommended plan when 
        such plan does not have significant nonstructural 
        features, and a description of the Federal and non-
        Federal participation in such plan, and shall 
        demonstrate that States, other non-Federal interests, 
        and Federal agencies have been consulted in the 
        development of the recommended plan. A feasibility 
        report shall include a preliminary analysis of the 
        Federal interest and the costs, benefits, and 
        environmental impacts of the project.

           *       *       *       *       *       *       *

  [(b) Reconnaissance Studies.--Before initiating any 
feasibility study under subsection (a) of this section after 
the date of enactment of this Act, the Secretary shall first 
perform, at Federal expense, a reconnaissance study of the 
water resources problem in order to identify potential 
solutions to such problem in sufficient detail to enable the 
Secretary to determine whether or not planning to develop a 
project should proceed to the preparation of a feasibility 
report. Such reconnaissance study shall include a preliminary 
analysis of the Federal interest, costs, benefits, and 
environmental impacts of such project, and an estimate of the 
costs of preparing the feasibility report. The duration of a 
reconnaissance study shall normally be no more than twelve 
months, but in all cases is to be limited to eighteen months.]

           *       *       *       *       *       *       *


[SEC. 911. REVIEW OF COST EFFECTIVENESS OF DESIGN.

  [During the design of each water resources project which has 
a total cost in excess of $10,000,000, which is authorized 
before, on, or after the date of enactment of this Act and 
undertaken by the Secretary, and on which construction has not 
been initiated as of the date of enactment of this Act, the 
Secretary shall require a review of the cost effectiveness of 
such design. The review shall employ cost control techniques 
which will ensure that such project is designed in the most 
cost-effective way for the life of the project.]

           *       *       *       *       *       *       *


TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS

           *       *       *       *       *       *       *


[SEC. 1117. W.D. MAYO LOCK AND DAM.

  [(a) Notwithstanding any other provision of law, the Cherokee 
Nation of Oklahoma is authorized to design and construct 
hydroelectric generating facilities at the W.D. Mayo Lock and 
Dam on the Arkansas River in Oklahoma, as described in the 
report of the Chief of Engineers dated December 23, 1981: 
Provided, That, the agreement described in subsection (d) of 
this section is executed by all parties described in subsection 
(b) of this section.
  [(b)(1) Conditioned upon the parties agreeing to mutually 
acceptable terms and conditions, the Secretary and the 
Secretary of Energy, acting through the Southwestern Power 
Administration, may enter into a binding agreement with the 
Cherokee Nation of Oklahoma under which the Cherokee Nation of 
Oklahoma agrees--
          [(A) to design and initiate construction of the 
        generating facilities referred to in subsection (a) of 
        this section within three years after the date of such 
        agreement,
          [(B) to reimburse the Secretary for his costs in--
                  [(i) approving such design and inspecting 
                such construction, and
                  [(ii) providing any assistance authorized 
                under subsection (c)(2) of this section, and
          [(C) to release and indemnify the United States from 
        any claims, causes of action, or liabilities which may 
        arise from such design or construction.
  [(2) Such agreement shall also specify--
          [(A) the procedures and requirements for approval and 
        acceptance of such design and construction are set 
        forth,
          [(B) the rights, responsibilities, and liabilities of 
        each party to the agreement are set forth, and
          [(3) the amount of the payments under subsection (f) 
        of this section, and the procedures under which such 
        payments are to be made, are set forth.
  [(c)(1) No Federal funds may be expended for the design or 
construction of the generating facilities referred to in 
subsection (a) of this section prior to the date on which such 
facilities are accepted by the Secretary under subsection (d) 
of this section.
  [(2) Notwithstanding any other provision of law, the 
Secretary is authorized to provide, on a reimbursable basis, 
any assistance requested by the Cherokee Nation of Oklahoma in 
connection with the design or construction of the generating 
facilities referred to in subsection (a) of this section.
  [(d)(1) Notwithstanding any other provision of law, upon 
completion of the construction of the generating facilities 
referred to in subsection (a) of this section, and final 
approval of such facilities by the Secretary--
          [(A) the Cherokee Nation of Oklahoma shall transfer 
        title to such facilities to the United States, and
          [(B) the Secretary shall--
                  [(i) accept the transfer of title to such 
                generating facilities on behalf of the United 
                States, and
                  [(ii) operate and maintain such facilities.
  [(2) The Secretary is authorized to accept title to such 
facilities only after certifying that the quality of the 
construction meets all standards established for similar 
facilities constructed by the Secretary.
  [(e) Pursuant to any agreement under subsection (b) of this 
section, the Southwestern Power Administration shall market the 
excess power produced by the generating facilities referred to 
in subsection (a) of this section in accordance with section 5 
of the Act of December 22, 1944 (58 Stat. 890; 16 U.S.C. 825s).
  [(f) Notwithstanding any other provision of law, the 
Secretary of Energy, acting through the Southwestern Power 
Administration, is authorized to pay to the Cherokee Nation of 
Oklahoma, in accordance with the terms of the agreement entered 
into under subsection (b) of this section, out of the revenues 
from the sale of power produced by the generating facilities of 
the interconnected systems of reservoirs operated by the 
Secretary and marketed by the Southwestern Power 
Administration--
          [(1) all reasonable costs incurred by the Cherokee 
        Nation of Oklahoma in the design and construction of 
        the generating facilities referred to in subsection (a) 
        of this section, including the capital investment in 
        such facilities and a reasonable rate of return on such 
        capital investment, and
          [(2) for a period not to exceed fifty years, a 
        reasonable annual royalty for the design and 
        construction of the generating facilities referred to 
        in subsection (a) of this section.
  [(g) Notwithstanding any other provision of law, the 
Secretary of Energy, acting through the Southwestern Power 
Administration, is authorized--
          [(1) to construct such transmission facilities as 
        necessary to market the power produced at the 
        generating facilities referred to in subsection (a) of 
        this section with funds contributed by non-Federal 
        sources, and
          [(2) to repay those funds, including interest and any 
        administrative expenses, directly from the revenues 
        from the sale of power produced by the generating 
        facilities of the interconnected systems of reservoirs 
        operated by the Secretary and marketed by the 
        Southwestern Power Administration.
  [(h) There are authorized to be appropriated to the Secretary 
for the fiscal year in which title to the generating facilities 
is transferred and accepted under subsection (d) of this 
section, and for each succeeding fiscal year, such sums as may 
be necessary to operate and maintain such facilities.]

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.

           *       *       *       *       *       *       *


SEC. 1156. COST SHARING PROVISIONS FOR THE TERRITORIES.

  [The Secretary shall waive] (a) In General._The Secretary 
shall waive local cost-sharing requirements up to $200,000 for 
all studies and projects in American Samoa, Guam, the Northern 
Mariana Islands, the Virgin Islands, and the Trust Territory of 
the Pacific Islands.
  (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.

           *       *       *       *       *       *       *

                              ----------                              


WATER RESOURCES DEVELOPMENT ACT OF 1996

           *       *       *       *       *       *       *


TITLE II--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 211. CONSTRUCTION OF [FLOOD CONTROL] WATER RESOURCES DEVELOPMENT 
                    PROJECTS BY NON-FEDERAL INTERESTS.

  (a) Authority.--Non-Federal interests are authorized to 
undertake [flood control] water resources development projects 
in the United States, subject to obtaining any permits required 
pursuant to Federal and State laws in advance of actual 
construction.

           *       *       *       *       *       *       *

  (c) Completion of Studies and Design Activities.--In the case 
of any study or design documents for a [flood control] water 
resources development project that were initiated before the 
[date of the enactment of this Act] date of enactment of the 
Water Resources Reform and Development Act of 2013, the 
Secretary may complete and transmit to the appropriate non-
Federal interests the study or design documents or, upon the 
request of such non-Federal interests, terminate the study or 
design activities and transmit the partially completed study or 
design documents to such non-Federal interests for completion. 
Studies and design documents subject to this subsection shall 
be completed without regard to the requirements of subsection 
(b).
  (d) Authority To Carry Out Improvement.--
          (1) In general.--
                  (A) Studies and design activities under 
                subsection (b).--
                          [(i) In general.--A non-Federal 
                        interest may carry out construction for 
                        which studies and design documents are 
                        prepared under subsection (b) only if 
                        the Secretary approves the project for 
                        construction.]
                          (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.

           *       *       *       *       *       *       *

                  [(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 flood control project, or separable 
                element of a flood control project, based on 
                the results of completed studies and design 
                documents for the project or element may carry 
                out the project or element if 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.]
                  (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.

           *       *       *       *       *       *       *

  (e) Reimbursement.--
          (1) General rule.--Subject to appropriations Acts, 
        the Secretary may reimburse any non-Federal interest an 
        amount equal to the estimate of the Federal share, 
        without interest, of the cost of any authorized [flood 
        control] water resources development project, or 
        separable element of a [flood control] water resources 
        development project, constructed pursuant to this 
        section and provide credit for the non-Federal share of 
        the project--
                  (A) * * *
                  (B) if the Secretary finds, after a review of 
                studies and design documents prepared pursuant 
                to this section, that construction of the 
                project or separable element is economically 
                justified and environmentally acceptable; [and]
                  (C) if the construction work is substantially 
                in accordance with plans prepared under 
                subsection (b)[.]; and
                  (D) if the project is specifically authorized 
                by Congress.

           *       *       *       *       *       *       *

          (4) Monitoring.--The Secretary shall regularly 
        monitor and audit any project for [flood control] water 
        resources development approved for construction under 
        this section by a non-Federal interest to ensure that 
        such construction is in compliance with the plans 
        approved by the Secretary and that the costs are 
        reasonable.

           *       *       *       *       *       *       *

          (6) Schedule and manner of reimbursement.--
                  (A) * * *
                  [(B) Commencement of reimbursements.--
                Reimbursements under this section may commence 
                on approval of a project by the Secretary.]
                  [(C)] (B) Credit.--[At the request] In 
                accordance with section 221 of the Flood 
                Control Act of 1970 (42 U.S.C. 1962d-5b), at 
                the request of a non-Federal interest, the 
                Secretary may reimburse the non-Federal 
                interest by providing credit toward future non-
                Federal costs of the project, or toward the 
                non-Federal share of any other authorized water 
                resources development study or project of such 
                non-Federal interest.
                  [(D)] (C) Scheduling.--Nothing in this 
                paragraph affects the discretion of the 
                President to schedule new construction starts.
  (f) Specific Projects.--For the purpose of demonstrating the 
potential advantages and effectiveness of non-Federal 
implementation of [flood control] water resources development 
projects, the Secretary shall enter into agreements pursuant to 
this section with non-Federal interests for development of the 
following [flood control] water resources development projects 
by such interests:
          (1) Berryessa creek, california.--The Berryessa Creek 
        element of the project for [flood control] water 
        resources development, Coyote and Berryessa Creeks, 
        California, authorized by section 101(a)(5) of the 
        Water Resources Development Act of 1990 (104 Stat. 
        4606); except that, subject to the approval of the 
        Secretary as provided by this section, the non-Federal 
        interest may design and construct an alternative to 
        such element.
          (2) Los angeles county drainage area, california.--
        The project for [flood control] water resources 
        development, Los Angeles County Drainage Area, 
        California, authorized by section 101(b) of the Water 
        Resources Development Act of 1990 (104 Stat. 4611).
          (3) Stockton metropolitan area, california.--The 
        project for [flood control] water resources 
        development, Stockton Metropolitan Area, California.
          (4) Upper guadalupe river, california.--The project 
        for [flood control] water resources development, Upper 
        Guadalupe River, California.
          (5) Flamingo and tropicana washes, nevada.--The 
        project for [flood control] water resources 
        development, Las Vegas Wash and Tributaries (Flamingo 
        and Tropicana Washes), Nevada, authorized by section 
        101(13) of the Water Resources Development Act of 1992 
        (106 Stat. 4803).
          (6) Brays bayou, texas.--Flood control components 
        comprising the Brays Bayou element of the project for 
        [flood control] water resources development, Buffalo 
        Bayou and tributaries, Texas, authorized by section 
        101(a)(21) of the Water Resources Development Act of 
        1990 (104 Stat. 4610); except that, subject to the 
        approval of the Secretary as provided by this section, 
        the non-Federal interest may design and construct an 
        alternative to the diversion component of such element.
          (7) Hunting bayou, texas.--The Hunting Bayou element 
        of the project for [flood control] water resources 
        development, Buffalo Bayou and tributaries, Texas, 
        authorized by such section; except that, subject to the 
        approval of the Secretary as provided by this section, 
        the non-Federal interest may design and construct an 
        alternative to such element.
          (8) White oak bayou, texas.--The project for [flood 
        control] water resources development, White Oak Bayou 
        watershed, Texas.
          (12) Perris, california.--The project for [flood 
        control] water resources development, Perris, 
        California.
          (13) Thornton reservoir, cook county, illinois.--An 
        element of the project for [flood control] water 
        resources development, Chicagoland Underflow Plan, 
        Illinois.
          (14) Larose to golden meadow, louisiana.--The project 
        for [flood control] water resources development, Larose 
        to Golden Meadow, Louisiana.
          (15) Buffalo bayou, texas.--A project for [flood 
        control] water resources development, Buffalo Bayou, 
        Texas, to provide an alternative to the project 
        authorized by the first section of the River and Harbor 
        Act of June 20, 1938 (52 Stat. 804) and modified by 
        section 3a of the Flood Control Act of August 11, 1939 
        (53 Stat. 1414).
          (16) Halls bayou, texas.--A project for [flood 
        control] water resources development, Halls Bayou, 
        Texas, to provide an alternative to the project for 
        [flood control] water resources development, Buffalo 
        Bayou and tributaries, Texas, authorized by section 
        101(a)(21) of the Water Resources Development Act of 
        1990 (104 Stat. 4610).

           *       *       *       *       *       *       *

  (g) Treatment of Flood Damage Prevention Measures.--For the 
purposes of this section, flood damage prevention measures at 
or in the vicinity of Morgan City and Berwick, Louisiana, shall 
be treated as an authorized separable element of the 
Atchafalaya Basin feature of the project for [flood control] 
water resources development, Mississippi River and Tributaries.
  (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.

           *       *       *       *       *       *       *

                              ----------                              


                WATER RESOURCES DEVELOPMENT ACT OF 1992

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--

     * * * * * * *

                TITLE II--GENERALLY APPLICABLE PROVISIONS

     * * * * * * *
[Sec. 206. Construction of shoreline protection projects by non-Federal 
          interests.]
     * * * * * * *
[Sec. 225. Challenge cost-sharing program for the management of 
          recreation facilities.]
225. Contributions by non-Federal interests for management of Corps of 
          Engineers facilities.

TITLE II--GENERALLY APPLICABLE PROVISIONS

           *       *       *       *       *       *       *


SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

  (a) In General.--
          (1) * * *

           *       *       *       *       *       *       *

          (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. 206. CONSTRUCTION OF SHORELINE PROTECTION PROJECTS BY NON-FEDERAL 
                    INTRESTS.

  [(a) Authority.--Non-Federal interests are authorized to 
undertake shoreline protection projects on the coastline of the 
United States, subject to obtaining any permits required 
pursuant to Federal and State laws in advance of actual 
construction.
  [(b) Studies and Engineering.--
          [(1) By non-federal interests.--A non-Federal 
        interest may prepare, for review and approval by the 
        Secretary, the necessary studies and engineering for 
        any construction to be undertaken under subsection (a).
          [(2) By secretary.--Upon request of an approriate 
        non-Federal interest, the Secretary may undertake all 
        necessary studies and engineering for any construction 
        to be undertaken under subsection (a) and provide 
        technical assistance in obtaining all necessary permits 
        for such construction if the non-Federal interest 
        contracts with the Secretary to furnish the United 
        States funds for the studies and engineering during the 
        period that the studies and engineering will be 
        conducted.
  [(c) Completion of Studies.--The Secretary is authorized to 
complete and transmit to the appropriate non-Federal interests 
any study for shoreline protection which was initiated before 
the date of the enactment of this Act or, upon the request of 
such non-Federal interest, to terminate the study and transmit 
the partially completed study to the non-Federal interest for 
completion. Studies subject to this subsection shall be 
completed without regard to the requirements of subsection (b).
  [(d) Authority to Carry Out Improvement.--
          [(1) In general.--Any non-Federal interest which has 
        received feom the Secretary pursuant to subsection (b) 
        or (c)a favorable recommendation to carry out a 
        shoreline protection project or separable element 
        thereof, based on the results of completed studies and 
        engineering for the project or element,may carry out 
        the project or element if a final environmental impact 
        statement has been filed for the project or element.
          [(2) Permits.--Any plan of improvement proposed to be 
        implemented in accordance with this subsection shall be 
        deemed to satisfy the requirements for obtaining the 
        appropriate permits required under the Secretary's 
        authority and such permits shall be granted subject to 
        the non-Federal interest's acceptance of the terms and 
        conditions of such permits if the Secretary determines 
        that the applicable regulatory criteria and procedures 
        have been satisfied.
          [(3) Monitoring.--The Secretary shall monitor any 
        project for which permits are granted under this 
        subsection in order to ensure that such project is 
        constructed (and, in those cases where such activities 
        will not be the responsibility of the 
        Secretary,operated and maintained) in accordance with 
        the terms and conditions of such permits.
  [(e) Reimbursement.--
          [(1) General rule.--Subject to the enactment of 
        appropriation Acts, the Secretary is authorized to 
        reimburse any non-Federal interest an amount equal to 
        the estimate of the Federal share, without interest, of 
        the cost of any authorized shoreline protection 
        project, or separable element thereof, constructed 
        under this section--
                  [(A) if, after authorization and before 
                initiation of construction of the project or 
                separable element, the Secretary approves the 
                plans for construction of such project by such 
                non-Federal interest and enters into a written 
                agreement with the non-Federal interest with 
                respect to the project or separable element 
                (including the terms of cooperation); and
                  [(B) if the Secretary finds, after a review 
                of studies and engineering prepared pursuant to 
                this section, that construction of the project 
                or separable element is economically justified 
                and environmentally acceptable.
          [(2) Matters to be considered in reviewing plans.--In 
        reviewing plans under this subsection, the Secretary 
        shall consider budgetary and programmatic priorities 
        and other factors that the Secretary deems appropriate.
          [(3) Monitoring.--The Secretary shall regularly 
        monitor and audit any project for shore protection 
        constructed under this section by a non-Federal 
        interest in order to ensure that such construction is 
        in compliance with the plans approved by the Secretary 
        and that the costs are reasonable.
          [(4) Limitation on reimbursements.--No reimbursement 
        shall be made under this section unless and until the 
        Secretary has certified that the work for which 
        reimbursement is requested has been performed in 
        accordance with applicable permits or approved plans.]

           *       *       *       *       *       *       *


[SEC. 225. CHALLENGE COST-SHARING PROGRAM FOR THE MANAGEMENT OF 
                    RECREATION FACILITIES.]

SEC. 225. CONTRIBUTIONS BY NON-FEDERAL INTERESTS FOR MANAGEMENT OF 
                    CORPS OF ENGINEERS FACILITIES.

  (a) In General.--The Secretary is authorized to develop and 
implement a program to share the cost of [managing recreation 
facilities] operating, maintaining, and managing inland 
navigational facilities, recreational facilities, and natural 
resources at water resource development projects under the 
Secretary's jurisdiction.
  (b) Cooperative Agreements.--To implement the program under 
this section, the Secretary is authorized to enter into 
cooperative agreements with non-Federal public and private 
entities to provide for operation [and management of recreation 
facilities], maintenance, and management of inland navigation 
facilities, recreational facilities, and natural resources at 
civil works projects under the Secretary's jurisdiction where 
such facilities and resources are being maintained at complete 
Federal expense.

           *       *       *       *       *       *       *

                              ----------                              


                WATER RESOURCES DEVELOPMENT ACT OF 1990

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--

     * * * * * * *

                   TITLE IV--MISCELLANEOUS PROVISIONS

     * * * * * * *
[Sec. 404. Demonstration of construction of Federal project by non-
          Federal interests.]

           *       *       *       *       *       *       *


TITLE IV--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


[SEC. 404. DEMONSTRATION OF CONSTRUCTION OF FEDERAL PROJECT BY NON-
                    FEDERAL INTERESTS.

  [(a) In General.--For purposes of demonstrating the safety 
benefits and economic efficiencies which would accrue as a 
consequence of non-Federal management of harbor improvement 
projects, the Secretary shall enter into agreements with 2 non-
Federal interests pursuant to which the non-Federal interests 
will undertake part or all of a harbor project authorized by 
law, by utilizing their own personnel or by procuring outside 
services, if the cost of doing so will not exceed the cost of 
the Secretary undertaking the project. If proposals for such 
agreements meet the criteria of section 204 of the Water 
Resources Development Act of 1986, the agreements shall be 
entered into not later than 1 year after the date of the 
enactment of this Act.
  [(b) Limtation.--At least 1 project carried out pursuant to 
this section shall pertain to improvements to a major ship 
channel which carries a substantial volume of both passenger 
and cargo traffic.
  [(c) Report.--The Secretary shall transmit to Congress a 
report regarding the safety benefits and economic efficiencies 
accrued from entering into agreements with non-Federal 
interests under this section.]

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF JUNE 22, 1936

 AN ACT Authorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes.

           *       *       *       *       *       *       *


                       FLOOD CONTROL ACT OF 1936

  Sec. 5. That pursuant to the policy outlined in sections 1 
and 3, the following works of improvement, for the benefit of 
navigation and the control of destructive flood waters and 
other purposes, are hereby adopted and authorized to be 
prosecuted, in order of their emergency as may be designated by 
the President, under the direction of the Secretary of War and 
supervision of the Chief of Engineers in accordance with the 
plans in the respective reports and records hereinafter 
designated: Provided, That penstocks or other similar 
facilities, adapted to possible future use in the development 
of adequate electric power may be installed in any dam herein 
authorized when approved by the Secretary of War upon the 
recommendation of the Chief of Engineers. Provided further, 
That the Secretary of War is authorized to receive [from States 
and political subdivisions thereof,] from a non-Federal 
interest (as defined in section 221 of the Flood Control Act of 
1970 (42 U.S.C. 1962d-5b)) such funds as may be contributed by 
them for work[, which includes planning and design], to be 
expended in connection with funds appropriated by the United 
States for any authorized water resources development study or 
project, including a project for navigation on the inland 
waterways, whenever such work and expenditure may be considered 
by the Secretary of War, on recommendation of the Chief of 
Engineers, as advantageous in the public interest, and the 
plans for any reservoir project may, in the discretion of the 
Secretary of War, on recommendation of the Chief of Engineers, 
be modified to provide additional storage capacity for domestic 
water supply or other conservation storage, on condition that 
the cost of such increased storage capacity is contributed by 
local agencies and that the local agencies agree to utilize 
such additional storage capacity in a manner consistent with 
Federal uses and purposes: And provided further, That when 
contributions made [by States and political subdivisions 
thereof,] by a non-Federal interest are in excess of the actual 
cost of the work contemplated and properly chargeable to such 
contributions, such excess contributions may, with the approval 
of the Secretary of War, be returned to the proper 
representatives of the contributing interests[: 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 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.).

           *       *       *       *       *       *       *

                              ----------                              


 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
2012

           *       *       *       *       *       *       *


   DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012

TITLE I--CORPS OF ENGINEERS--CIVIL

           *       *       *       *       *       *       *


             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

(INCLUDING TRANSFERS OF FUNDS)

           *       *       *       *       *       *       *


  Sec. 111. (a) * * *
  [(b) The Secretary shall notify the appropriate committees of 
Congress prior to initiation of negotiations for accepting 
contributed funds under 33 U.S.C. 701h.]

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF MARCH 4, 1915

    AN ACT Making appropriations for the construction, repair, and 
  preservation of certain public works on rivers and harbors, and for 
other purposes.

           *       *       *       *       *       *       *


  [Sec. 4. That the Secretary of War is hereby authorized to 
receive from private parties such funds as may be contributed 
by them to be expended in connection with funds appropriated by 
the United States for any authorized work of public improvement 
of rivers and harbors whenever such work and expenditure may be 
considered by the Chief of Engineers as advantageous to the 
interests of navigation: Provided, That when contributions 
heretofore or hereafter made by local interests for river and 
harbor improvements, in accordance with specific requirements 
or under general authority of Congress, are in excess of the 
actual cost of the work contemplated and properly chargeable to 
such contributions, such excess contributions may, with the 
approval of the Secretary of War, be returned to the proper 
representatives of the contributing interests, unless the 
provision of law under which the contribution is made requires 
that the entire contribution be retained by the United States.]

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 221 OF THE FLOOD CONTROL ACT OF 1970

SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES PROJECTS.

  (a) Cooperation of Non-Federal Interest.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Credit for in-kind contributions.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Work performed before partnership 
                agreement.--[In any case in which the non-
                Federal interest is to receive credit under 
                subparagraph (A)(ii) for the cost of work 
                carried out by the non-Federal interest and 
                such work has not been carried out as of the 
                date of enactment of this subparagraph, the 
                Secretary and the non-Federal interest shall 
                enter into an agreement under which the non-
                Federal interest shall carry out such work, and 
                only work carried out following the execution 
                of the agreement shall be eligible for credit.]
                          (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.

           *       *       *       *       *       *       *

                  (E) Applicability.--
                          (i) * * *
                          [(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 specific provision of law 
                        shall apply instead of this paragraph.]
                          (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) Definition of Non-Federal Interest.--]
  (b) Definitions._
          (1) Non-Federal interest.--The term ``non-Federal 
        interest'' means--
                  [(1)] (A) a legally constituted public body 
                (including a federally recognized Indian 
                tribe); or
                  [(2)] (B) a nonprofit entity with the consent 
                of the affected local government,
        that has full authority and capability to perform the 
        terms of its agreement and to pay damages, if 
        necessary, in the event of failure to perform.
          (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) Every agreement entered into pursuant to this section 
shall be [enforcible] enforceable in the appropriate district 
court of the United States.

           *       *       *       *       *       *       *

                              ----------                              


                    NATIONAL DAM SAFETY PROGRAM ACT

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Dam Safety Program 
Act''.

SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) * * *
          (2) Dam.--The term ``dam''--
                  (A) * * *
                  (B) does not include--
                          (i) * * *
                          (ii) a barrier described in 
                        subparagraph (A) that--
                                  (I) * * *

           *       *       *       *       *       *       *

                        unless the barrier, because of the 
                        location of the barrier or another 
                        physical characteristic of the barrier, 
                        is likely to pose a significant threat 
                        to human life or property if the 
                        barrier fails (as determined by the 
                        [Director] Administrator).
          (3) [Director] Administrator.--The term ``[Director] 
        Administrator'' means the [Director] Administrator of 
        FEMA.

           *       *       *       *       *       *       *


SEC. 3. INSPECTION OF DAMS.

  (a) * * *
  (b) State Participation.--On request of a State dam safety 
agency, with respect to any dam the failure of which would 
affect the State, the head of a Federal agency shall--
          (1) provide information to the State dam safety 
        agency on the construction, operation, [or maintenance] 
        maintenance, condition, or provision for emergency 
        operations of the dam; or

           *       *       *       *       *       *       *


SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

  (a) Establishment.--There is established an Interagency 
Committee on Dam Safety--
          (1) * * *
          (2) chaired by the [Director] Administrator.

           *       *       *       *       *       *       *


SEC. 8. NATIONAL DAM SAFETY PROGRAM.

  (a) In General.--The [Director] Administrator, in 
consultation with ICODS and State dam safety agencies, and the 
Board shall establish and maintain, in accordance with this 
section, a coordinated national dam safety program. The Program 
shall--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Duties.--The [Director] Administrator shall prepare a 
strategic plan--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Objectives.--The objectives of the Program are to--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) develop and encourage public awareness projects 
        to increase public acceptance and support of State dam 
        safety programs;]
          (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;

           *       *       *       *       *       *       *

  (e) Assistance for State Dam Safety Programs.--
          (1) In general.--To encourage the establishment and 
        maintenance of effective State programs intended to 
        ensure dam safety, to protect human life and property, 
        and to improve State dam safety programs, the 
        [Director] Administrator shall provide assistance with 
        amounts made available under section 13 to assist 
        States in establishing, maintaining, and improving dam 
        safety programs in accordance with the criteria 
        specified in paragraph (2).

           *       *       *       *       *       *       *

          (3) Work plans.--The [Director] Administrator shall 
        enter into a agreement with each State receiving 
        assistance under paragraph (2) to develop a work plan 
        necessary for the State dam safety program to reach a 
        level of program performance specified in the 
        agreement.
          (4) Maintenance of effort.--Assistance may not be 
        provided to a State under this subsection for a fiscal 
        year unless the State enters into such agreement with 
        the [Director] Administrator as the [Director] 
        Administrator requires to ensure that the State will 
        maintain the aggregate expenditures of the State from 
        all other sources for programs to ensure dam safety for 
        the protection of human life and property at or above a 
        level equal to the average annual level of such 
        expenditures for the 2 fiscal years preceding the 
        fiscal year.
          (5) Approval of programs.--
                  (A) Submission.--For a State to be eligible 
                for assistance under this subsection, a plan 
                for a State dam safety program shall be 
                submitted to the [Director] Administrator for 
                approval.
                  (B) Approval.--A State dam safety program 
                shall be deemed to be approved 120 days after 
                the date of receipt by the [Director] 
                Administrator unless the [Director] 
                Administrator determines within the 120-day 
                period that the State dam safety program fails 
                to meet the requirements of paragraphs (1) 
                through (3).
                  (C) Notification of disapproval.--If the 
                [Director] Administrator determines that a 
                State dam safety program does not meet the 
                requirements for approval, the [Director] 
                Administrator shall immediately notify the 
                State in writing and provide the reasons for 
                the determination and the changes that are 
                necessary for the plan to be approved.
          (6) Review of state dam safety programs.--Using the 
        expertise of the Board, the [Director] Administrator 
        shall periodically review State dam safety programs. If 
        the Board finds that a State dam safety program has 
        proven inadequate to reasonably protect human life and 
        property and the [Director] Administrator concurs, the 
        [Director] Administrator shall revoke approval of the 
        State dam safety program, and withhold assistance under 
        this subsection, until the State dam safety program 
        again meets the requirements for approval.
  (f) Board.--
          (1) Establishment.--The [Director] Administrator 
        shall establish an advisory board to be known as the 
        ``National Dam Safety Review Board'' to monitor the 
        safety of dams in the United States, to monitor State 
        implementation of this section, and to advise the 
        [Director] Administrator on national dam safety policy.

           *       *       *       *       *       *       *

          (3) Voting membership.--The Board shall consist of 11 
        voting members selected by the [Director] Administrator 
        for expertise in dam safety, of whom--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) 5 members shall be selected by the 
                [Director] Administrator from among State dam 
                safety officials; and
                  (G) 1 member shall be selected by the 
                [Director] Administrator to represent the 
                private sector.
          (4) Nonvoting membership.--The [Director] 
        Administrator, in consultation with the Board, may 
        invite a representative of the National Laboratories of 
        the Department of Energy and may invite representatives 
        from Federal or State agencies, representatives from 
        nongovernmental organizations, or dam safety experts, 
        as needed, to participate in meetings of the Board.

           *       *       *       *       *       *       *

          (6) Work groups.--The [Director] Administrator may 
        establish work groups under the Board to assist the 
        Board in accomplishing its goals. The work groups shall 
        consist of members of the Board and other individuals 
        selected by the [Director] Administrator.

           *       *       *       *       *       *       *


SEC. 9. RESEARCH.

  (a) In General.--The [Director] Administrator, in cooperation 
with the Board, shall carry out a program of technical and 
archival research to develop and support--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Consultation.--The [Director] Administrator shall provide 
for State participation in research under subsection (a) and 
periodically advise all States and Congress of the results of 
the research.

SEC. 10. DAM SAFETY TRAINING.

  At the request of any State that has or intends to develop a 
State dam safety program, the [Director] Administrator shall 
provide training for State dam safety staff and inspectors.

SEC. 11. REPORTS.

  Not later than 90 days after the end of each odd-numbered 
fiscal year, the [Director] Administrator shall submit a report 
to Congress that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) includes any recommendations for legislative and 
        other action that the [Director] Administrator 
        considers necessary.

           *       *       *       *       *       *       *


SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

  (a) National Dam Safety Program.--
          (1) * * *
          (2) Allocation.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Determination.--The [Director] 
                Administrator and the Board shall determine the 
                amount allocated to States.

           *       *       *       *       *       *       *

                              ----------                              


FREEDOM TO FISH ACT

           *       *       *       *       *       *       *


SEC. 2. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

  (a) * * *
  (b) Existing Restricted Area.--If the Secretary has 
established a restricted area or modified an existing 
restricted area during the period beginning on August 1, 2012, 
and ending on the day before the date of enactment of this Act, 
the Secretary shall--
          (1) cease implementing and enforcing the restricted 
        area [until the date that is 2 years after the date of 
        enactment of this Act]; and

           *       *       *       *       *       *       *

  (c) Establishing New or Modified Restricted Area.--If, on or 
after the date of enactment of this Act, the Secretary 
establishes any new or modified restricted area, the Secretary 
shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) not implement or enforce the restricted area 
        [until the date that is 2 years after the date of 
        enactment of this Act] until the Secretary has complied 
        with the provisions of this subsection; and

           *       *       *       *       *       *       *

                              ----------                              


WATER RESOURCES DEVELOPMENT ACT OF 1974

           *       *       *       *       *       *       *


  Sec. 22. (a) * * *

           *       *       *       *       *       *       *

  (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.
  [(e)] (f) For the purposes of this section, the term 
``State'' means theseveral States of the United States, Indian 
tribes, the Commonwealth of PuertoRico, Guam, American Samoa, 
the Virgin Islands, the Commonwealthof the Northern Marianas, 
and the Trust Territory of thePacific Islands.
                              ----------                              


                      RIVER AND HARBOR ACT OF 1958

TITLE I--RIVERS AND HARBORS

           *       *       *       *       *       *       *


  Sec. 104. (a) There is hereby authorized a comprehensive 
program to provide for control and progressive eradication of 
noxious aquatic plant growths and aquatic invasive species from 
the navigable waters, tributary streams, connecting channels, 
and other allied waters of the United States, in the combined 
interest of navigation, flood control, drainage, agriculture, 
fish and wildlife conservation, public health, and related 
purposes, including continued research for development of the 
most effective and economic control measures, to be 
administered by the Chief of Engineers, under the direction of 
the Secretary of the Army, in cooperation with other Federal 
and State agencies. Local interests shall agree to hold and 
save the United States free from claims that may occur from 
control operations and to participate to the extent of 30 per 
centum of the cost of such operations. Costs for research and 
planning undertaken pursuant to the authorities of this section 
shall be borne fully by the Federal Government.

           *       *       *       *       *       *       *

                              ----------                              


INTERNAL REVENUE CODE OF 1986

           *       *       *       *       *       *       *


Subtitle I--Trust Fund Code

           *       *       *       *       *       *       *


CHAPTER 98--TRUST FUND CODE

           *       *       *       *       *       *       *


Subchapter A--Establishment of Trust Funds

           *       *       *       *       *       *       *


SEC. 9505. HARBOR MAINTENANCE TRUST FUND.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Expenditures from Harbor Maintenance Trust Fund.--Amounts 
in the Harbor Maintenance Trust Fund shall be available, as 
provided by appropriation Acts, for making expenditures--
          (1) to carry out section 210 of the Water Resources 
        Development Act of 1986 [(as in effect on the date of 
        the enactment of the Water Resources Development Act of 
        1996)],

           *       *       *       *       *       *       *


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                            ADDITIONAL VIEWS

    H.R. 3080 is a good bill, and one that I am grateful to 
Chairman Shuster, Ranking Member Rahall, and Subcommittee 
Chairman Gibbs for the opportunity to participate in drafting. 
It is a bill that I supported during the Committee markup, and 
one that I expect to support during consideration on the House 
Floor.
    It is not the bill that my caucus would have written on its 
own, and I am certain it is not the bill that others on the 
Committee would have independently written, either. However, 
H.R. 3080 does reflect the better traditions of this Committee, 
where members from both sides of the aisle come to the table, 
with a blank sheet of paper, to actively participate in the 
creation of legislation. That is how this Committee was so 
often successful in the past, and how it can be effective going 
forward into larger and more complex issues. The process our 
Chairman used in the creation of H.R. 3080 should be a model on 
how the rest of Congress should operate.
    In addition, this bill shows that Congress still can roll-
up-our-sleeves, on a bipartisan basis, and get things done when 
it chooses to do so.
    Finally, H.R. 3080 is a bill that moves us forward to 
enactment of a water resources development act--something that 
has been lamentably absent over the past 6 years.
    I am providing these supplemental views to highlight one 
area where, in my view, continued Congressional and 
administration attention needs to be placed--addressing the 
challenges facing the Harbor Maintenance Trust Fund and the 
Inland Waterways Trust Fund.
    Over the past few years, the Subcommittee on Water 
Resources and Environment has held numerous hearings and 
roundtables on the challenges facing these user-funded 
navigation trust funds, which, ironically, are facing the exact 
opposite problems--one that is spending-down far less than it 
is collecting, growing a sizable surplus of unspent harbor 
maintenance revenues at the same time there is a growing 
backlog of unmet maintenance needs, and the other with 
insufficient resources to address ongoing inland waterways 
construction projects.
    When Congress created these trust funds, it entered into an 
agreement with shippers and other industries that the fees and 
taxes collected from these interests would be used to support 
the nation's network of ports and inland waterways. Yet, 
shippers, users, and our nation's ports argue that the Federal 
government has not held up its end of the agreement.
    Over the past few years, Federal investments in inland 
waterways and coastal ports, both in terms of real and 
inflationary-adjusted value, have declined. This lack of 
adequate investment has impacted the availability and 
reliability of domestic ports (large and small) and waterways, 
and is having significant short- and long-term implications on 
our national, regional, and local economies and global 
competitiveness. On this point, I believe we all agree.
    H.R. 3080 will provide some relief to our inland and 
coastal harbors; however, this legislation does not solve the 
challenges facing these two trust funds, and more work remains.
    Specifically, H.R. 3080 includes provisions encouraging 
increased appropriations from the Harbor Maintenance Trust Fund 
for necessary operation and maintenance activities at our 
nation's ports--starting at 65 percent of collections in 2014 
and increasing to 80 percent of collections by 2020. This is a 
step in the right direction, but does not accomplish the goal 
of full utilization of annual Harbor Maintenance Tax 
collections for which many members strongly advocate. Even at 
the upper limit of utilization in H.R. 3080, more revenues will 
be collected into the Harbor Maintenance Trust Fund than are 
expended for harbor maintenance needs.
    In addition, because the mechanism in H.R. 3080 for 
expending additional revenues relies on the current budgetary 
and appropriations process, this Committee must remain vigilant 
that the changes proposed in this bill do not further erode the 
ability of the Corps to carry out construction projects, such 
as those necessary to deepen our nation's ports to accommodate 
the post-Panamax vessels that will come once the Panama Canal 
expansion is complete.
    As a result of discretionary budget caps on appropriations 
bills, any increase in one account of the Corps (such as the 
operation and maintenance account) would cause a corresponding 
decrease in other Corps' accounts (including the largest 
remaining account of the Corps--the construction account). To 
address the proposed increase in Harbor Maintenance Trust Fund 
expenditures, H.R. 3080 includes ``Sense of the Congress'' 
language that ``any increase in harbor maintenance programs . . 
. shall result from an overall increase in appropriations from 
the civil works program of the Corps of Engineers and not from 
similar reductions in the appropriations for other programs, 
projects, and activities'' of the Corps. Without such 
protections, according to the Corps, any increase in Trust Fund 
expenditures ``would have to be offset elsewhere, in either the 
Civil Works program or another program in the Energy and Water 
Development Appropriations Act.'' (See attached letter from 
Assistant Secretary of the Army, Jo-Ellen Darcy, dated February 
21, 2012.)
    At the Committee markup of H.R. 3080, I urged stakeholders 
and members, alike, to lock arms and encourage our colleagues 
on the Budget and Appropriations Committees to fully fund both 
the Corps' operation and maintenance account as well as its 
construction account, otherwise, members may awake to the 
unintended consequences of our efforts in this bill.
    Yet, in the long term, rather than ``robbing Peter to pay 
Paul,'' Congress should instead pursue a strategy that ensures 
both full-utilization of the Harbor Maintenance Trust Fund 
collections as well as robust appropriations for the Corps' 
construction account.
    One way to accomplish this would be to designate some or 
all of the annual collections to the Fund as mandatory 
spending. Congress could direct the Secretary to expend Harbor 
Maintenance Trust Fund collections outside of the normal 
discretionary budget caps, as it has for other transportation 
trust funds, such as the Highway Trust Fund. In practice, if 
Congress were to designate some portion of Harbor Maintenance 
Trust Fund expenditures as outside the normal discretionary 
budget caps, any such expenditure would not have to compete 
with other appropriations within the Corps' discretionary 
budget allocation. In essence, Congress would be using the 
Harbor Maintenance Trust Fund as a real trust fund, where user 
fees are dedicated and expended for their intended purposes.
    In previous years, this Committee has reported bipartisan 
legislation (H.R. 842, the Truth in Budgeting Act, 104th 
Congress) that would have accomplished this same goal--putting 
the ``trust'' back in the transportation trust funds. What was 
said about that bill is equally as important today--that using 
the unspent Trust Fund balances to achieve savings within the 
overall unified budget of the United States breaks faith with 
the transportation users who have paid into the trust funds 
with the expectation that they will be used for transportation 
purposes.
    As both Chairman Shuster and I noted during the Committee 
markup, taking some or all of the Harbor Maintenance Trust Fund 
collections off-budget will have a budgetary cost--the scope of 
which depends on how this is accomplished; however, if we truly 
want to ensure that Harbor Maintenance Trust Fund collections 
are used, in a timely manner, to promote efficiency at our 
nation's harbors, and to avoid having this occur at the expense 
of the Corps' construction accounts, a logical way to do this 
is to take all or portions of the Harbor Maintenance Trust Fund 
off budget.
    Similarly, H.R. 3080 includes several reforms for the 
development and implementation of navigation projects on the 
inland waterways system. However, H.R. 3080 makes little 
headway in addressing the leading concern raised by users of 
the inland waterway system at multiple hearings held before the 
Subcommittee on Water Resources and Environment--the lack of 
available funding to carry out projects on the inland system.
    As several witnesses before Subcommittee testified, the 
largest limiting factor in carrying out inland waterways 
projects is the lack of readily-available resources in the 
Inland Waterways Trust Fund to carry out the backlog of 
construction and rehabilitation projects. For example, when a 
representative of an inland waterways user group was recently 
asked the question of what single recommendation could be made 
to speed up navigation projects, his response was simple--
funding.
    It is without question that failure to fund projects in a 
sufficient and timely fashion at critical stages of development 
results in construct delays, inefficient utilization of 
resources, and increased total costs of completed projects. As 
Major General Michael Walsh recently testified before the 
Subcommittee, if Congress inefficiently provides funding to the 
Corps, projects take longer to complete and wind up costing 
more than they would if funding were provided in a more 
consistent manner. However, when the opposite is true and the 
Corps is provided with all the necessary resources, such as was 
the case in the aftermath of Hurricane Katrina in the 
reconstruction of flood control structures for the City of New 
Orleans, projects generally came in on-time and under budget.
    The reality is that, based on current revenues to the 
Inland Waterways Trust Fund, the administration (regardless of 
party) is limited in what it can do to accelerate project 
delivery other than constrain the pipeline of ongoing projects. 
For example, in the fiscal year 2014 budget request, the 
administration provides a total of $176 million for a limited 
number of inland waterways projects--including a transfer of 
the entire $93 million balance from the Inland Waterways Trust 
Fund. According to hearing testimony from the Assistant 
Secretary of the Army (Civil Works), Jo-Ellen Darcy, this is 
the ``maximum amount that is affordable within the projected 
Trust Fund revenue under existing law.''
    To reverse this trend, we must ensure that sufficient 
resources are made available for Corps' projects throughout the 
study, design, and construction phases.
    While H.R. 3080 does touch on this concern through multiple 
studies looking at long-term options for funding inland 
waterways projects, a short-term fix to this challenge, and one 
endorsed by the users of the inland system and others, is to 
increase the current user fee on fuel used while operating on 
the inland system.
    In September, 2013, a significant number of business 
interests, inland waterways users, and agricultural commodity 
groups cosigned a letter to the Chairman and Ranking Member of 
the Committee on Ways and Means calling for a 6-to-9 cent 
increase in the current 20-cent-per-gallon user fee that funds 
the Inland Waterways Trust Fund. (See attached letter from 
several inland waterways stakeholders, dated September 24, 
2013.) This would represent a 30 to 45 percent increase in the 
current user fee, and, at the 9-cent per gallon increase, would 
just be sufficient to restore the inflationary-adjusted value 
of the current 20-cent-per-gallon to the level when it was 
established in 1995.
    In addition, other organizations, such as the American 
Society of Civil Engineers, have urged Congress in testimony to 
go even further and ensure that, in addition to increasing the 
current user fee, Congress also include a provision to index 
the user fee to the Consumer Price Index, and that the fee be 
adjusted every two years to avoid any future erosion of the 
value as a result of inflation.
    I recognize the concerns raised by Chairman Shuster that 
increasing the current user fee involves the participation of 
other Congressional committees and was not possible in the 
Committee markup of H.R. 3080. However, I am also encouraged by 
the Chairman's willingness to examine options to address 
funding in the Inland Waterways Trust Fund in the future.
    In my view, the fact that we continue to rely on user fee 
rates that were established almost 20 years ago to finance 
critical investments on our inland system is not sustainable.
    I also believe that much of the hand-wringing about the 
causes of project delay, both in the inland waterway system and 
beyond, would be resolved if sufficient funding were made 
available for these projects at critical times during project 
study and delivery.
    The solutions for many project development and 
implementation challenges are readily apparent--the question, 
then, is how Congress will respond to these solutions, and 
whether we will take the steps necessary to achieve what I 
believe we all want--an efficient and sustainable system of 
water resources projects to serve the needs of our nation.

                                   Tim Bishop,
                                           Ranking Member, Subcommittee 
                                               on Water Resources and 
                                               Environment.
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                            ADDITIONAL VIEWS

    While we support H.R. 3080, we have concerns with Section 
103--a modified version of streamlining provisions that were 
included in MAP-21 and previous amendments to Title 23 that 
relate to transportation projects. While not as broad, the 
provisions will still undermine the environmental protection 
and public participation processes that are provided for under 
National Environmental Policy Act (NEPA) and other laws, such 
as the Endangered Species Act and the Fish and Wildlife 
Coordination Act. When considered with other provisions in the 
bill that strictly limit the timeline for and the amount of 
funds that can be spent on feasibility studies, Section 103 
could limit the quality of information available to the Corps 
in planning projects that often have broad environmental 
impacts.
    While we support the timely delivery of water resources 
projects, there is no question that the biggest obstacle to the 
construction of Corps of Engineers' projects is a lack of 
funding. There are literally tens of billions of dollars of 
authorized projects that have not initiated construction, and 
H.R. 3080 would authorize an additional $8 billion in new 
projects. The estimated cost for completion of Corps projects 
currently under construction is about $20 billion. At the same 
time, the most recent appropriation for the Corps' construction 
budget was $1.2 billion. This is not a new problem. In 1986, 
GAO did a study of the causes of delay in Corps construction 
projects and found that the $60 billion backlog in Corps 
construction was caused by a lack of funding given an annual 
construction appropriation of only $1.6 billion. Corps 
officials also stated that delays were due to a lack of local 
support or the project no longer being economically feasible. 
All of these reasons remain applicable today, and it is 
unfortunately beyond the scope of this bill to address them.
    One thing that is clear, at least from the hearing record 
developed in support of this bill, there has been no 
demonstration that the public participation or environmental 
review process is the cause of delay in implementation of 
Corps' studies and projects. In the hearings that preceded 
Committee markup of H.R. 3080, no witness called before the 
Committee identified a single project where the public 
participation or environmental review processes caused the 
project implementation to be delayed. In fact, when asked 
direct questions about why Corps' projects typically take years 
to implement, the common answer from witnesses before the 
Committee was simple--lack of available appropriations at 
critical times during project development and construction. In 
the words of one witness, ``[w]hen projects are fully funded or 
they have a steady funding stream, they tend to be completed 
more expeditiously and more efficiently.''
    Further, it remains unclear whether simply taking language 
that was developed for highway projects and applying it part 
and parcel to water resources projects will improve decision 
making and not, instead, hamper agency collaboration and slow 
decisions. Additionally, there seems to be no distinction in 
this language between the ``streamlining'' of reviews for 
projects or activities that might be considered a repair or a 
replacement, versus the wholesale construction of a large 
scale, complex project in a previously undisturbed area. While 
trying to expedite the review process might make sense in some 
situations, we are not convinced that you can apply arbitrary 
schedules, review deadlines and penalties with no regard for 
the scale, complexity and impacts of a project as this bill 
would do.
    As one example, we have serious concerns with the provision 
that would limit to 150 days, the ability of the public to seek 
judicial review of a final Environmental Impact Statement (EIS) 
issued by the Corps, or any other permits that might be issued 
for a water resources project. Imposing an arbitrary time limit 
on judicial review--that is years shorter than current law--
ignores the large-scale and very complex nature of many Corps 
projects. When you consider this provision in light of the 
already very short comments periods that the bill imposes 
throughout the environmental review process, and the 
elimination of the comment period that typically exists between 
the publication of the final EIS and the record of decision, 
there is a real likelihood that the bill could short circuiting 
the public's ability to participate in the decision making 
process.
    In short, while we strongly support timely delivery of 
water resources projects, we have concerns as to whether the 
changes made in this bill in the name of streamlining will 
actually achieve that goal, particularly given the real world 
funding issues that we face, and we remain very concerned about 
the impacts these changes will have on the public participation 
process and the assessment of impacts to the environment. The 
Senate environmental review language was ultimately adopted as 
a ten year pilot program. We believe a meaningful pilot program 
would ensure a review of whether this process is actually 
working and has not undermined environmental protections or 
precluded public participation in the project development 
process.

                                   Peter DeFazio.
                                   Eleanor Holmes Norton.
                                   Michael Capuano.
                                   Mike Michaud.
                                   Grace Napolitano.
                                   Albio Sires.
                                   Elizabeth Esty.
                                   Rick Nolan.

ADDITIONAL VIEWS ON WATER RESOURCES REFORM AND DEVELOPMENT ACT CONCERNS 
        ABOUT STREAMLINING PROVISIONS AND NEED FOR PILOT PROGRAM

    We first want to commend Chairman Shuster and Ranking 
Member Rahall for their leadership and hard work with 
Subcommittee Chairman Gibbs and Ranking Member Bishop. The 
Water Resources Reform and Development Act (WRRDA) demonstrates 
that compromise and collaboration is still possible in the 
People's House.
    We would, however, like to express concerns about the 
environmental streamlining provisions included in this bill. 
While the goal of accelerating the pace at which we are putting 
projects on the ground is certainly admirable, looking at these 
provisions through the lens of the Economic Development, Public 
Buildings and Emergency Management Subcommittee, on which some 
of us are honored to serve, we believe that limiting 
environmental review is not the answer to that problem. It is 
possible that the streamlining provisions will not accelerate 
the pace of project construction, but could actually lead to 
projects that are more costly and environmentally destructive.
    Specifically, we remain concerned that Sections 101 
(Vertical Integration and Acceleration of Studies) and 103 
(Environmental Streamlining) in the bill as reported could have 
an unintended effect of undermining effective environmental 
reviews of water projects and the critical protections provided 
by the National Environmental Policy Act (NEPA) and other 
vitally important environmental laws. These provisions were 
drafted on the assumption that the environmental review process 
is a root cause of project delays.
    However, evidence suggests that environmental reviews are 
not responsible for delaying construction of economically and 
environmentally sound projects. In most cases, the terrible 
delays in too many Corps projects are the result of the huge 
project backlog, lack of consistent and robust federal funding, 
and poor project planning.
    During a September 18 hearing in the Senate Environment and 
Public Works on similar streamlining provisions included in 
MAP-21, witnesses testified that streamlining provisions have 
not been as successful as we hoped in accelerating project 
delivery. The major reason for project delay is not onerous 
review requirements, but unrealistic budgeting and high project 
cost. We have offered into the record an article and letter 
that describe some of these concerns in more detail [attached].
    During the Senate hearing, the U.S. Fish and Wildlife 
Service testified that, ``instead of getting to `yes' faster, 
we believe these `streamlining' provisions may serve to get to 
`no' faster.'' While it is heartening to see that the Fish and 
Wildlife Service would not rubber-stamp projects, these 
circumstances seem contrary to the very idea of project 
acceleration. It is possible that by including the streamlining 
provisions as they are currently drafted in the WRRDA bill, we 
could actually be slowing down Corps projects instead of 
speeding them up.
    Before we begin to fundamentally change the way the federal 
government--and the public--reviews water resources projects, 
we should make sure that this concept actually works 
effectively and does not have unintended consequences--
especially those that could damage our environmental resources. 
The taxpayer investment in Corps projects is substantial, and 
we should be ensuring we're spending their money as wisely as 
possible.
    Unfortunately, the Corps has too often relied on flawed 
analyses and has been known for constructing projects that are 
often complex, large-scale and costly. Since 1994, more than 35 
reports from independent experts have revealed major flaws in 
Corps project planning and implementation. In light of this 
history, I believe that we should only make changes to the 
project review process if we are certain that such changes will 
ensure better projects that protect the safety and well-being 
of our communities and our environment.
    Poorly planned Corps projects can lead to incomprehensible 
losses, like the flooding of New Orleans during Hurricane 
Katrina--and can destroy natural systems that provide free and 
effective flood protection. We need robust project review to 
help ensure better, more resilient projects to protect our 
communities from storms, floods and other disasters. Rigorous 
review of projects being built with federal dollars is critical 
to protect people, restore ecosystems and ensuring the movement 
of commerce.
    NEPA reviews have saved taxpayers hundreds of millions of 
dollars and have produced better projects with more public 
support. It is not prudent in today's fiscal environment to 
undermine these longstanding protections in the hopes that the 
proposed changes will somehow speed up project construction. 
Before making permanent changes to a process that has served 
the nation well for decades. We should have a firm 
understanding of how these provisions will actually work.
    We agree with the conclusions reached by eight past chairs 
of the Council on Environmental Quality from both Republican 
and Democratic administrations: NEPA is ``not an impediment to 
responsible government action; it is a prerequisite for 
it.''\1\ Indeed, NEPA is ``essential to responsible government 
decision-making.''\2\
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    \1\September 19, 2005 Letter to the Honorable Cathy McMorris, Chair 
of the Task Force on Improving the National Environmental Policy Act 
from Russell E. Train (CEQ Chair 1970-1973), Russell W. Peterson (CEQ 
Chair 1973-1976), John Busterud (CEQ Chair 1976-1977), Charles W. 
Warren (CEQ Chair 1977-1979), J. Gustave Speth (CEQ Chair 1979-1981), 
Michael R. Deland (CEQ Chair 1989-1993), Kathleen A. McGinty (CEQ Chair 
1995-1998), George T. Frampton Jr. (CEQ Chair 1998-2001), Gary Widman 
(CEQ General Counsel 1974-1976), Nick Yost (CEQ General Counsel 1977-
1981) (emphasis added).
    \2\September 19, 2005 Letter to the Honorable Cathy McMorris, Chair 
of the Task Force on Improving the National Environmental Policy Act 
from Russell E. Train (CEQ Chair 1970-1973), Russell W. Peterson (CEQ 
Chair 1973-1976), John Busterud (CEQ Chair 1976-1977), Charles W. 
Warren (CEQ Chair 1977-1979), J. Gustave Speth (CEQ Chair 1979-1981), 
Michael R. Deland (CEQ Chair 1989-1993), Kathleen A. McGinty (CEQ Chair 
1995-1998), George T. Frampton Jr. (CEQ Chair 1998-2001), Gary Widman 
(CEQ General Counsel 1974-1976), Nick Yost (CEQ General Counsel 1977-
1981) (emphasis added).
---------------------------------------------------------------------------
    Effective environmental reviews protect people, wildlife, 
and taxpayer dollars by ensuring construction of better 
projects that serve the national good. In fact, with limited 
funds available to the Army Corps diminishing year by year, it 
is all the more critical that these reviews exist to ensure 
that only the best, most justified projects proceed to 
construction phase.
    We believe that the Sections 101 and 103 should be 
reevaluated, and at a minimum, include language that would 
establish sections 101 and 103 as a Pilot Program with a look-
back mechanism to assess their effectiveness before making 
these provisions permanent.
    The Carson amendment was submitted that would frame these 
streamlining provisions as a Pilot Program with a mechanism to 
assess their effectiveness. Unfortunately, the Pilot Program 
amendment was not accepted into the manager's amendment. We 
sincerely hope that the bill sponsors will commit to working 
with us as we prepare this bill for floor action to find a 
suitable compromise that meets all our objectives. It is past 
time for a good Water Resources bill and we are very close to 
something that we can all support.

                                   Andre Carson,
                                           Ranking Member, Subcommittee 
                                               on Economic Development, 
                                               Public Buildings and 
                                               Emergency Management.
                                   Eleanor Holmes Norton.
                                   Donna Edwards.
                                   Janice Hahn.

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