[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3080 Enrolled Bill (ENR)]
H.R.3080
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To provide for improvements to the rivers and harbors of the United
States, to provide for the conservation and development of water and
related resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Water Resources
Reform and Development Act of 2014''.
(b) Table of Contents.--

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TITLE I

-PROGRAM REFORMS AND STREAMLINING

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Intracoastal Waterway and the Gulf Intracoastal Waterway.

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TITLE II

-NAVIGATION

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TITLE III

-SAFETY IMPROVEMENTS AND ADDRESSING EXTREME WEATHER EVENTS

Subtitle C--Additional Safety Improvements and Risk Reduction Measures

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Subtitle A--State Water Pollution Control Revolving Funds

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TITLE IV

-RIVER BASINS AND COASTAL AREAS

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TITLE V

-WATER INFRASTRUCTURE FINANCING

program.
Subtitle C--Innovative Financing Pilot Projects

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TITLE VII

-WATER RESOURCES INFRASTRUCTURE

In this Act, the term ``Secretary'' means the Secretary of the
Army.

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(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) Extension.--If the Secretary determines that a feasibility
study described in subsection (a) will not be conducted in accordance
with subsection (a), the Secretary, not later than 30 days after the
date of making the determination, shall--
(1) 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 Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives as to the reasons
the requirements of subsection (a) are not attainable.
(c) Termination of Authorization.--A feasibility study for which
the Secretary has issued a determination under subsection (b) is not
authorized after the last day of the 1-year period beginning on the
date of the determination if the Secretary has not completed the study
on or before such last day.
(d) Exception.--
(1) In general.--Notwithstanding the requirements of subsection
(c), the Secretary may extend the timeline of a study by a period
not to exceed 3 years, if the Secretary determines that the
feasibility study is too complex to comply with the requirements of
subsections (a) and (c).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsections (a) and (c),
the Secretary shall consider--
(A) the type, size, location, scope, and overall cost of
the project;
(B) whether the project will use any innovative design or
construction techniques;
(C) whether the project will require significant action by
other Federal, State, or local agencies;
(D) whether there is significant public dispute as to the
nature or effects of the project; and
(E) whether there is significant public dispute as to the
economic or environmental costs or benefits of the project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall provide
written notice to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives as to the results of that
determination, including an identification of the specific 1 or
more factors used in making the determination that the project is
complex.
(4) Limitation.--The Secretary shall not extend the timeline
for a feasibility study for a period of more than 7 years, and any
feasibility study that is not completed before that date shall no
longer be authorized.
(e) Reviews.--Not later than 90 days after the date of the
initiation of a study described in subsection (a) for a project, the
Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 1005;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 2045(e) of the Water Resources
Development Act of 2007 (33 U.S.C. 2348(e)) that may be required by
law to conduct or issue a review, analysis, or opinion on or to
make a determination concerning a permit or license for the study;
and
(3) take all steps necessary to provide information that will
enable required reviews and analyses related to the project to be
conducted by other agencies in a thorough and timely manner.
(f) Interim Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives and
make publicly available a report that describes--
(1) the status of the implementation of the planning process
under this section, including the number of participating projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies participating in the
planning process under this section; and
(3) any recommendations for additional authority necessary to
support efforts to expedite the feasibility study process for water
resource projects.
(g) Final Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives and
make publicly available a report that describes--
(1) the status of the implementation of this section, including
a description of each feasibility study subject to the requirements
of this section;
(2) the amount of time taken to complete each feasibility
study; and
(3) any recommendations for additional authority necessary to
support efforts to expedite the feasibility study process,
including an analysis of whether the limitation established by
subsection (a)(2) needs to be adjusted to address the impacts of
inflation.

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(a) In General.--
(1) Repeal.--Section 905(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2282(b)) is repealed.
(2) Conforming amendment.--Section 905(a)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2282(a)(1)) is amended
by striking ``perform a reconnaissance study and''.
(b) Contents of Feasibility Reports.--Section 905(a)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(2)) is
amended by adding at the end the following: ``A feasibility report
shall include a preliminary analysis of the Federal interest and the
costs, benefits, and environmental impacts of the project.''.
(c) Feasibility Studies.--Section 905 of the Water Resources
Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the
end the following:
``(g) Detailed Project Schedule.--
``(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall determine a set
of milestones needed for the completion of a feasibility study
under this subsection, including all major actions, report
submissions and responses, reviews, and comment periods.
``(2) Detailed project schedule milestones.--Each District
Engineer shall, to the maximum extent practicable, establish a
detailed project schedule, based on full funding capability, that
lists all deadlines for milestones relating to feasibility studies
in the District developed by the Secretary under paragraph (1).
``(3) Non-federal interest notification.--Each District
Engineer shall submit by certified mail the detailed project
schedule under paragraph (2) to each relevant non-Federal
interest--
``(A) for projects that have received funding from the
General Investigations Account of the Corps of Engineers in the
period beginning on October 1, 2009, and ending on the date of
enactment of this subsection, not later than 180 days after the
establishment of milestones under paragraph (1); and
``(B) for projects for which a feasibility cost-sharing
agreement is executed after the establishment of milestones
under paragraph (1), not later than 90 days after the date on
which the agreement is executed.
``(4) Congressional and public notification.--Beginning in the
first full fiscal year after the date of enactment of this
subsection, the Secretary shall--
``(A) submit an annual report that lists all detailed
project schedules under paragraph (2) and an explanation of any
missed deadlines to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(B) make publicly available, including on the Internet, a
copy of the annual report described in subparagraph (A) not
later than 14 days after date on which a report is submitted to
Congress.
``(5) Failure to act.--If a District Engineer fails to meet any
of the deadlines in the project schedule under paragraph (2), the
District Engineer shall--
``(A) not later than 30 days after each missed deadline,
submit to the non-Federal interest a report detailing--
``(i) why the District Engineer failed to meet the
deadline; and
``(ii) a revised project schedule reflecting amended
deadlines for the feasibility study; and
``(B) not later than 30 days after each missed deadline,
make publicly available, including on the Internet, a copy of
the amended project schedule described in subparagraph
(A)(ii).''.
(d) 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.

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The Secretary shall--
(1) expedite the completion of any on-going feasibility study
for a project initiated before the date of enactment of this Act;
and
(2) if the Secretary determines that the project is justified
in a completed report, proceed directly to preconstruction
planning, engineering, and design of the project in accordance with
section 910 of the Water Resources Development Act of 1986 (33
U.S.C. 2287).

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

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Section 214 of the Water Resources Development Act of 2000 (Public
Law 106-541; 33 U.S.C. 2201 note) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--The Secretary'' and
inserting the following:
``(a) Funding to Process Permits.--
``(1) Definitions.--In this subsection:
``(A) Natural gas company.--The term `natural gas company'
has the meaning given the term in section 1262 of the Public
Utility Holding Company Act of 2005 (42 U.S.C. 16451), except
that the term also includes a person engaged in the
transportation of natural gas in intrastate commerce.
``(B) Public-utility company.--The term `public-utility
company' has the meaning given the term in section 1262 of the
Public Utility Holding Company Act of 2005 (42 U.S.C. 16451).
``(2) Permit processing.--The Secretary'';
(B) in paragraph (2) (as so designated)--
(i) by inserting ``or a public-utility company or
natural gas company'' after ``non-Federal public entity'';
and
(ii) by inserting ``or company'' after ``that entity'';
and
(C) by adding at the end the following:
``(3) Limitation for public-utility and natural gas
companies.--The authority provided under paragraph (2) to a public-
utility company or natural gas company shall expire on the date
that is 7 years after the date of enactment of this paragraph.
``(4) Effect on other entities.--To the maximum extent
practicable, the Secretary shall ensure that expediting the
evaluation of a permit through the use of funds accepted and
expended under this section does not adversely affect the timeline
for evaluation (in the Corps district in which the project or
activity is located) of permits under the jurisdiction of the
Department of the Army of other entities that have not contributed
funds under this section.
``(5) GAO study.--Not later than 4 years after the date of
enactment of this paragraph, the Comptroller General of the United
States shall carry out a study of the implementation by the
Secretary of the authority provided under paragraph (2) to public-
utility companies and natural gas companies.''; and
(2) by striking subsections (d) and (e) and inserting the
following:
``(d) Public Availability.--
``(1) In general.--The Secretary shall ensure that all final
permit decisions carried out using funds authorized under this
section are made available to the public in a common format,
including on the Internet, and in a manner that distinguishes final
permit decisions under this section from other final actions of the
Secretary.
``(2) Decision document.--The Secretary shall--
``(A) use a standard decision document for evaluating all
permits using funds accepted under this section; and
``(B) make the standard decision document, along with all
final permit decisions, available to the public, including on
the Internet.
``(3) Agreements.--The Secretary shall make all active
agreements to accept funds under this section available on a single
public Internet site.
``(e) Reporting.--
``(1) In general.--The Secretary shall prepare an annual report
on the implementation of this section, which, at a minimum, shall
include for each district of the Corps of Engineers that accepts
funds under this section--
``(A) a comprehensive list of any funds accepted under this
section during the previous fiscal year;
``(B) a comprehensive list of the permits reviewed and
approved using funds accepted under this section during the
previous fiscal year, including a description of the size and
type of resources impacted and the mitigation required for each
permit; and
``(C) a description of the training offered in the previous
fiscal year for employees that is funded in whole or in part
with funds accepted under this section.
``(2) Submission.--Not later than 90 days after the end of each
fiscal year, the Secretary shall--
``(A) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the annual
report described in paragraph (1); and
``(B) make each report received under subparagraph (A)
available on a single publicly accessible Internet site.''.

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PROJECTS BY NON-FEDERAL INTERESTS.
(a) Section 14 Application Defined.--In this section, the term
``section 14 application'' means an application submitted by an
applicant to the Secretary requesting permission for the temporary
occupation or use of a public work, or the alteration or permanent
occupation or use of a public work, under section 14 of the Act of
March 3, 1899 (commonly known as the ``Rivers and Harbors Appropriation
Act of 1899'') (33 U.S.C. 408).
(b) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary, after providing notice and an opportunity for
comment, shall establish a process for the review of section 14
applications in a timely and consistent manner.
(c) Benchmark Goals.--
(1) Establishment of benchmark goals.--In carrying out
subsection (b), the Secretary shall--
(A) establish benchmark goals for determining the amount of
time it should take the Secretary to determine whether a
section 14 application is complete;
(B) establish benchmark goals for determining the amount of
time it should take the Secretary to approve or disapprove a
section 14 application; and
(C) to the extent practicable, use such benchmark goals to
make a decision on section 14 applications in a timely and
consistent manner.
(2) 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 generally approve or disapprove the application
not later than 180 days after the date of receipt of the
completed application.
(3) Notice.--In any case in which the Secretary determines that
it will take the Secretary more than 45 days to review a completed
section 14 application, the Secretary shall--
(A) provide written notification to the applicant; and
(B) include in the written notice a best estimate of the
Secretary as to the amount of time required for completion of
the review.
(d) 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 Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(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.

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(a) Policy.--Congress declares that it is the policy of the United
States that--
(1) the development of non-Federal hydroelectric power at Corps
of Engineers civil works projects, including locks and dams, shall
be given priority;
(2) Corps of Engineers approval of non-Federal hydroelectric
power at Corps of Engineers civil works projects, including
permitting required under section 14 of the Act of March 3, 1899
(33 U.S.C. 408), shall be completed by the Corps of Engineers in a
timely and consistent manner; and
(3) approval of hydropower at Corps of Engineers civil works
projects shall in no way diminish the other priorities and missions
of the Corps of Engineers, including authorized project purposes
and habitat and environmental protection.
(b) Report.--Not later than 2 years after the date of enactment of
this Act and biennially thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report that, at a
minimum, shall include--
(1) a description of initiatives carried out by the Secretary
to encourage the development of hydroelectric power by non-Federal
entities at Corps of Engineers civil works projects;
(2) a list of all new hydroelectric power activities by non-
Federal entities approved at Corps of Engineers civil works
projects in that fiscal year, including the length of time the
Secretary needed to approve those activities;
(3) a description of the status of each pending application
from non-Federal entities for approval to develop hydroelectric
power at Corps of Engineers civil works projects;
(4) a description of any benefits or impacts to the
environment, recreation, or other uses associated with Corps of
Engineers civil works projects at which non-Federal entities have
developed hydroelectric power in the previous fiscal year; and
(5) the total annual amount of payments or other services
provided to the Corps of Engineers, the Treasury, and any other
Federal agency as a result of approved non-Federal hydropower
projects at Corps of Engineers civil works projects.

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(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make publicly
available a report describing the actions of the Secretary in carrying
out section 2301 of title 41, United States Code, regarding the use of
electronic commerce in Federal procurement.
(b) Contents.--The report submitted under subsection (a) shall
include, with respect to the 2 fiscal years most recently ended before
the fiscal year in which the report is submitted--
(1) an identification of the number, type, and dollar value of
procurement solicitations with respect to which the public was
permitted to respond to the solicitation electronically, which
shall differentiate between solicitations that allowed full or
partial electronic submission;
(2) an analysis of the information provided under paragraph (1)
and actions that could be taken by the Secretary to refine and
improve the use of electronic submission for procurement
solicitation responses;
(3) an analysis of the potential benefits of and obstacles to
full implementation of electronic submission for procurement
solicitation responses, including with respect to cost savings,
error reduction, paperwork reduction, increased bidder
participation, and competition, and expanded use of electronic bid
data collection for cost-effective contract management and timely
reporting; and
(4) an analysis of the options and technologies available to
facilitate expanded implementation of electronic submission for
procurement solicitation responses and the suitability of each
option and technology for contracts of various types and sizes.

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(a) In General.--The Secretary shall notify the applicable non-
Federal interest when construction of a water resources project or a
functional portion of the project is completed so the non-Federal
interest may commence responsibilities, as applicable, for operating
and maintaining the project.
(b) Non-Federal Interest Appeal of Determination.--
(1) In general.--Not later than 7 days after receiving a
notification under subsection (a), the non-Federal interest may
appeal the completion determination of the Secretary in writing
with a detailed explanation of the basis for questioning the
completeness of the project or functional portion of the project.
(2) Independent review.--
(A) In general.--On notification that a non-Federal
interest has submitted an appeal under paragraph (1), the
Secretary shall contract with 1 or more independent, non-
Federal experts to evaluate whether the applicable water
resources project or functional portion of the project is
complete.
(B) Timeline.--An independent review carried out under
subparagraph (A) shall be completed not later than 180 days
after the date on which the Secretary receives an appeal from a
non-Federal interest under paragraph (1).

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(a) Prioritization of Hurricane and Storm Damage Risk Reduction
Efforts.--
(1) Priority.--For authorized projects and ongoing feasibility
studies with a primary purpose of hurricane and storm damage risk
reduction, the Secretary shall give funding priority to projects
and ongoing studies that--
(A) address an imminent threat to life and property;
(B) prevent storm surge from inundating populated areas;
(C) prevent the loss of coastal wetlands that help reduce
the impact of storm surge;
(D) protect emergency hurricane evacuation routes or
shelters;
(E) prevent adverse impacts to publicly owned or funded
infrastructure and assets;
(F) minimize disaster relief costs to the Federal
Government; and
(G) address hurricane and storm damage risk reduction in an
area for which the President declared a major disaster in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170).
(2) Expedited consideration of currently authorized projects.--
Not later than 180 days after the date of enactment of this Act,
the Secretary shall--
(A) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a list of all--
(i) ongoing hurricane and storm damage reduction
feasibility studies that have signed feasibility cost-share
agreements and have received Federal funds since 2009; and
(ii) authorized hurricane and storm damage reduction
projects that--
(I) have been authorized for more than 20 years but
are less than 75 percent complete; or
(II) are undergoing a post-authorization change
report, general reevaluation report, or limited
reevaluation report;
(B) identify those projects on the list required under
subparagraph (A) that meet the criteria described in paragraph
(1); and
(C) provide a plan for expeditiously completing the
projects identified under subparagraph (B), subject to
available funding.
(b) Prioritization of Ecosystem Restoration Efforts.--For
authorized projects with a primary purpose of ecosystem restoration,
the Secretary shall give funding priority to projects--
(1) that--
(A) address an identified threat to public health, safety,
or welfare;
(B) preserve or restore ecosystems of national
significance; or
(C) preserve or restore habitats of importance for
federally protected species, including migratory birds; and
(2) for which the restoration activities will contribute to
other ongoing or planned Federal, State, or local restoration
initiatives.

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(a) In General.--On the request of a non-Federal interest, the
Secretary shall provide to the non-Federal interest a detailed
accounting of the Federal expenses associated with a water resources
project.
(b) Study.--
(1) In general.--The Secretary shall contract with the National
Academy of Public Administration to carry out a study on the
efficiency of the Corps Engineers current staff salaries and
administrative expense procedures as compared to using a separate
administrative expense account.
(2) Contents.--The study under paragraph (1) shall include any
recommendations of the National Academy of Public Administration
for improvements to the budgeting and administrative processes that
will increase the efficiency of the Corps of Engineers project
delivery.

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(a) In General.--The Secretary shall contract with the National
Academy of Public Administration to carry out a comprehensive review of
the process for preparing, negotiating, and approving Project
Partnership Agreements and the Project Partnership Agreement template,
which shall include--
(1) an evaluation of the process for preparing, negotiating,
and approving Project Partnership Agreements, as in effect on the
day before the date of enactment of this Act, including suggested
modifications to the process provided by non-Federal interests; and
(2) recommendations based on the evaluation under paragraph (1)
to improve the Project Partnership Agreement template and the
process for preparing, negotiating, and approving Project
Partnership Agreements.
(b) Submission to Congress.--
(1) In general.--The Secretary shall submit the findings of the
National Academy of Public Administration to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(2) Report.--Not later than 180 days after the date on which
the findings are received under paragraph (1), the Secretary shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a detailed response, including any
recommendations the Secretary plans to implement, on the process
for preparing, negotiating, and approving Project Partnership
Agreements and the Project Partnership Agreement template.

5766d086cc6ab19f47581f331e75363629f06f22dd33ce536e7e139136055659

PROJECTS BY NON-FEDERAL INTERESTS.
(a) Studies.--Section 203 of the Water Resources Development Act of
1986 (33 U.S.C. 2231) is amended to read as follows:
``SEC. 203. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
FEDERAL INTERESTS.
``(a) Submission to Secretary.--
``(1) In general.--A non-Federal interest may undertake a
feasibility study of a proposed water resources development project
and submit the study to the Secretary.
``(2) Guidelines.--To assist non-Federal interests, the
Secretary, as soon as practicable, shall issue guidelines for
feasibility studies of water resources development projects to
provide sufficient information for the formulation of the studies.
``(b) Review by Secretary.--The Secretary shall review each
feasibility study received under subsection (a)(1) for the purpose of
determining whether or not the study, and the process under which the
study was developed, each comply with Federal laws and regulations
applicable to feasibility studies of water resources development
projects.
``(c) Submission to Congress.--Not later than 180 days after the
date of receipt of a feasibility study of a project under subsection
(a)(1), the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes--
``(1) the results of the Secretary's review of the study under
subsection (b), including a determination of whether the project is
feasible;
``(2) any recommendations the Secretary may have concerning the
plan or design of the project; and
``(3) any conditions the Secretary may require for construction
of the project.
``(d) Credit.--If a project for which a feasibility study has been
submitted under subsection (a)(1) is authorized by a Federal law
enacted after the date of the submission to Congress under subsection
(c), the Secretary shall credit toward the non-Federal share of the
cost of construction of the project an amount equal to the portion of
the cost of developing the study that would have been the
responsibility of the United States if the study had been developed by
the Secretary.''.
(b) Construction.--
(1) In general.--Section 204 of the Water Resources Development
Act of 1986 (33 U.S.C. 2232) is amended to read as follows:
``SEC. 204. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY
NON-FEDERAL INTERESTS.
``(a) Water Resources Development Project Defined.--In this
section, the term `water resources development project' means a project
recommendation that results from--
``(1) a feasibility report, as such term is defined in section
7001(f) of the Water Resources Reform and Development Act of 2014;
``(2) a completed feasibility study developed under section
203; or
``(3) a final feasibility study for water resources development
and conservation and other purposes that is specifically authorized
by Congress to be carried out by the Secretary.
``(b) Authority.--
``(1) In general.--A non-Federal interest may carry out a water
resources development project, or separable element thereof--
``(A) in accordance with a plan approved by the Secretary
for the project or separable element; and
``(B) subject to any conditions that the Secretary may
require, including any conditions specified under section
203(c)(3).
``(2) Conditions.--Before carrying out a water resources
development project, or separable element thereof, under this
section, a non-Federal interest shall--
``(A) obtain any permit or approval required in connection
with the project or separable element under Federal or State
law; and
``(B) ensure that a final environmental impact statement or
environmental assessment, as appropriate, for the project or
separable element has been filed.
``(c) Studies and Engineering.--When requested by an appropriate
non-Federal interest, the Secretary may undertake all necessary studies
and engineering for any construction to be undertaken under subsection
(b), and provide technical assistance in obtaining all necessary
permits for the construction, if the non-Federal interest contracts
with the Secretary to furnish the United States funds for the studies,
engineering, or technical assistance in the period during which the
studies and engineering are being conducted.
``(d) Credit or Reimbursement.--
``(1) General rule.--Subject to paragraph (3), a project or
separable element of a project carried out by a non-Federal
interest under this section shall be eligible for credit or
reimbursement for the Federal share of work carried out on a
project or separable element of a project if--
``(A) before initiation of construction of the project or
separable element--
``(i) the Secretary approves the plans for construction
of the project or separable element of the project by the
non-Federal interest;
``(ii) the Secretary determines, before approval of the
plans, that the project or separable element of the project
is feasible; and
``(iii) the non-Federal interest enters into a written
agreement with the Secretary under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), including an
agreement to pay the non-Federal share, if any, of the cost
of operation and maintenance of the project; and
``(B) the Secretary determines that all Federal laws and
regulations applicable to the construction of a water resources
development project, and any conditions identified under
subsection (b)(1)(B), were complied with by the non-Federal
interest during construction of the project or separable
element of the project.
``(2) Application of credit.--The Secretary may apply credit
toward--
``(A) the non-Federal share of authorized separable
elements of the same project; or
``(B) subject to the requirements of this section and
section 1020 of the Water Resources Reform and Development Act
of 2014, at the request of the non-Federal interest, the non-
Federal share of a different water resources development
project.
``(3) Requirements.--The Secretary may only apply credit or
provide reimbursement under paragraph (1) if--
``(A) Congress has authorized construction of the project
or separable element of the project; and
``(B) the Secretary certifies that the project has been
constructed in accordance with--
``(i) all applicable permits or approvals; and
``(ii) this section.
``(4) Monitoring.--The Secretary shall regularly monitor and
audit any water resources development project, or separable element
of a water resources development project, constructed by a non-
Federal interest under this section to ensure that--
``(A) the construction is carried out in compliance with
the requirements of this section; and
``(B) the costs of the construction are reasonable.
``(e) Notification of Committees.--If a non-Federal interest
notifies the Secretary that the non-Federal interest intends to carry
out a project, or separable element thereof, under this section, the
Secretary shall provide written notice to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives concerning the intent of
the non-Federal interest.
``(f) Operation and Maintenance.--Whenever a non-Federal interest
carries out improvements to a federally authorized harbor or inland
harbor, the Secretary shall be responsible for operation and
maintenance in accordance with section 101(b) if--
``(1) before construction of the improvements--
``(A) the Secretary determines that the improvements are
feasible and consistent with the purposes of this title; and
``(B) the Secretary and the non-Federal interest execute a
written agreement relating to operation and maintenance of the
improvements;
``(2) the Secretary certifies that the project or separable
element of the project is constructed in accordance with applicable
permits and appropriate engineering and design standards; and
``(3) the Secretary does not find that the project or separable
element is no longer feasible.''.
(c) Repeals.--The following provisions are repealed:
(1) Section 404 of the Water Resources Development Act of 1990
(33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that
section in the table of contents contained in section 1(b) of that
Act.
(2) Section 206 of the Water Resources Development Act of 1992
(33 U.S.C. 426i-1) and the item relating to that section in the
table of contents contained in section 1(b) of that Act.
(3) Section 211 of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13) and the item relating to that section in the
table of contents contained in section 1(b) of that Act.
(d) Savings Provision.--Nothing in this section may be construed to
affect an agreement in effect on the date of enactment of this Act, or
an agreement that is finalized between the Corps of Engineers and a
non-Federal interest on or before December 31, 2014, under any of the
following sections (as such sections were in effect on the day before
such date of enactment):
(1) Section 204 of the Water Resources Development Act of 1986
(33 U.S.C. 2232).
(2) Section 206 of the Water Resources Development Act of 1992
(33 U.S.C. 426i-1).
(3) Section 211 of the Water Resources Development Act of 1996
(33 U.S.C. 701b-13).

bc5721f1c30309c98098f96c89ea219796d31827ff42de7cc68ae57c2c48541e

(a) In General.--Section 5 of the Act of June 22, 1936 (33 U.S.C.
701h), is amended--
(1) by inserting ``and other non-Federal interests'' after
``States and political subdivisions thereof'' each place it
appears;
(2) by inserting ``, including a project for navigation on the
inland waterways,'' after ``study or project'';
(3) by striking ``Provided, That when'' and inserting
``Provided, That the Secretary is authorized to receive and expend
funds from a State or a political subdivision thereof, and other
non-Federal interests or private entities, to operate a hurricane
barrier project to support recreational activities at or in the
vicinity of the project, at no cost to the Federal Government, if
the Secretary determines that operation for such purpose is not
inconsistent with the operation and maintenance of the project for
the authorized purposes of the project: Provided further, That
when''; and
(4) by striking the period at the end and inserting the
following: ``: Provided further, That the term `non-Federal
interest' has the meaning given that term in section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b).''.
(b) Notification for Contributed Funds.--Prior to accepting funds
contributed under section 5 of the Act of June 22, 1936 (33 U.S.C.
701h), the Secretary shall provide written notice of the funds to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives.
(c) Technical Amendment.--Section 111(b) of the Energy and Water
Development and Related Agencies Appropriations Act, 2012 (125 Stat.
858) is repealed.

74c322c2b94b7e23e95ba38cbda0758f8303d8a40152e48b1d45ec3ef2712b63

The Secretary may assume responsibility for operation and
maintenance in accordance with section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)) (as amended by section
2102(b)) for improvements to a federally authorized harbor or inland
harbor that are carried out by a non-Federal interest prior to December
31, 2014, if the Secretary determines that the requirements under
paragraphs (2) and (3) of section 204(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232(f)) are met.

b684136920c8b4bf200a3ce453bf14d1c73af3b42f85e03db2f7576cfc34c0a1

(a) In General.--The Secretary, after providing public notice,
shall establish a pilot program for the acceptance and expenditure of
funds contributed by non-Federal interests to increase the hours of
operation of locks at water resources development projects.
(b) Applicability.--The establishment of the pilot program under
this section shall not affect the periodic review and adjustment of
hours of operation of locks based on increases in commercial traffic
carried out by the Secretary.
(c) Public Comment.--Not later than 180 days before a proposed
modification to the operation of a lock at a water resources
development project will be carried out, the Secretary shall--
(1) publish the proposed modification in the Federal Register;
and
(2) accept public comment on the proposed modification.
(d) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
and make publicly available a report that evaluates the cost-
savings resulting from reduced lock hours and any economic impacts
of modifying lock operations.
(2) Review of pilot program.--Not later than September 30,
2017, and each year thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the effectiveness of the
pilot program under this section.
(e) Annual Review.--The Secretary shall carry out an annual review
of the commercial use of locks and make any necessary adjustments to
lock operations based on that review.
(f) Termination.--The authority to accept funds under this section
shall terminate 5 years after the date of enactment of this Act.

91e80d69f525ee97c8bbd216f3275dd8d9f1bc4294d666abd10e8aee0b04dcc9

(a) In General.--Section 221(a)(4) of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b(a)(4)) is amended--
(1) in subparagraph (A), in the matter preceding clause (i), by
inserting ``or a project under an environmental infrastructure
assistance program'' after ``law'';
(2) in subparagraph (C) by striking ``In any case'' and all
that follows through the period at the end and inserting the
following:
``(i) Construction.--
``(I) In general.--In any case in which the non-
Federal interest is to receive credit under
subparagraph (A) for the cost of construction carried
out by the non-Federal interest before execution of a
partnership agreement and that construction has not
been carried out as of November 8, 2007, the Secretary
and the non-Federal interest shall enter into an
agreement under which the non-Federal interest shall
carry out such work and shall do so prior to the non-
Federal interest initiating construction or issuing a
written notice to proceed for the construction.
``(II) Eligibility.--Construction that is carried
out after the execution of an agreement to carry out
work described in subclause (I) and any design
activities that are required for that construction,
even if the design activity is carried out prior to the
execution of the agreement to carry out work, shall be
eligible for credit.
``(ii) Planning.--
``(I) In general.--In any case in which the non-
Federal interest is to receive credit under
subparagraph (A) for the cost of planning carried out
by the non-Federal interest before execution of a
feasibility cost-sharing agreement, the Secretary and
the non-Federal interest shall enter into an agreement
under which the non-Federal interest shall carry out
such work and shall do so prior to the non-Federal
interest initiating that planning.
``(II) Eligibility.--Planning that is carried out
by the non-Federal interest after the execution of an
agreement to carry out work described in subclause (I)
shall be eligible for credit.'';
(3) in subparagraph (D)(iii) by striking ``sections 101 and
103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) of the
Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 33
U.S.C. 2213(a)(1)(A))'';
(4) by redesignating subparagraph (E) as subparagraph (H);
(5) by inserting after subparagraph (D) the following:
``(E) Analysis of costs and benefits.--In the evaluation of
the costs and benefits of a project, the Secretary shall not
consider construction carried out by a non-Federal interest
under this subsection as part of the future without project
condition.
``(F) Transfer of credit between separable elements of a
project.--Credit for in-kind contributions provided by a non-
Federal interest that are in excess of the non-Federal cost
share for an authorized separable element of a project may be
applied toward the non-Federal cost share for a different
authorized separable element of the same project.
``(G) Application of credit.--
``(i) In general.--To the extent that credit for in-
kind contributions, as limited by subparagraph (D), and
credit for required land, easements, rights-of-way, dredged
material disposal areas, and relocations provided by the
non-Federal interest exceed the non-Federal share of the
cost of construction of a project other than a navigation
project, the Secretary, subject to the availability of
funds, shall enter into a reimbursement agreement with the
non-Federal interest, which shall be in addition to a
partnership agreement under subparagraph (A), to reimburse
the difference to the non-Federal interest.
``(ii) Priority.--If appropriated funds are
insufficient to cover the full cost of all requested
reimbursement agreements under clause (i), the Secretary
shall enter into reimbursement agreements in the order in
which requests for such agreements are received.''; and
(6) in subparagraph (H) (as redesignated by paragraph (4))--
(A) in clause (i) by inserting ``, and to water resources
projects authorized prior to the date of enactment of the Water
Resources Development Act of 1986 (Public Law 99-662), if
correction of design deficiencies is necessary'' before the
period at the end; and
(B) by striking clause (ii) and inserting the following:
``(ii) Authorization as addition to other
authorizations.--The authority of the Secretary to
provide credit for in-kind contributions pursuant
to this paragraph shall be in addition to any other
authorization to provide credit for in-kind
contributions and shall not be construed as a
limitation on such other authorization. The
Secretary shall apply the provisions of this
paragraph, in lieu of provisions under other
crediting authority, only if so requested by the
non-Federal interest.''.
(b) Applicability.--Section 2003(e) of the Water Resources
Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended--
(1) by inserting ``, or construction of design deficiency
corrections on the project,'' after ``construction on the
project''; and
(2) by inserting ``, or under which construction of the project
has not been completed and the work to be performed by the non-
Federal interests has not been carried out and is creditable only
toward any remaining non-Federal cost share,'' after ``has not been
initiated''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
take effect on November 8, 2007.
(d) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall update any guidance or
regulations for carrying out section 221(a)(4) of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by subsection
(a)) that are in existence on the date of enactment of this Act or
issue new guidelines, as determined to be appropriate by the
Secretary.
(2) Inclusions.--Any guidance, regulations, or guidelines
updated or issued under paragraph (1) shall include, at a minimum--
(A) the milestone for executing an in-kind memorandum of
understanding for construction by a non-Federal interest;
(B) criteria and procedures for evaluating a request to
execute an in-kind memorandum of understanding for construction
by a non-Federal interest that is earlier than the milestone
under subparagraph (A) for that execution; and
(C) criteria and procedures for determining whether work
carried out by a non-Federal interest is integral to a project.
(3) Public and stakeholder participation.--Before issuing any
new or revised guidance, regulations, or guidelines or any
subsequent updates to those documents, the Secretary shall--
(A) consult with affected non-Federal interests;
(B) publish the proposed guidelines developed under this
subsection in the Federal Register; and
(C) provide the public with an opportunity to comment on
the proposed guidelines.
(e) Other Credit.--Nothing in section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by
subsection (a)) affects any eligibility for credit under section 104 of
the Water Resources Development of 1986 (33 U.S.C. 2214) that was
approved by the Secretary prior to the date of enactment of this Act.

aa0a10bb523c8954f8dbfa511316b17760019444f4d7b8540d71d67dd8868756

(a) Non-Federal Cost Share.--Section 7007 of the Water Resources
Development Act of 2007 (121 Stat. 1277) is amended--
(1) in subsection (a), by inserting ``, on, or after'' after
``before'';
(2) by striking subsection (d) and inserting the following:
``(d) Treatment of Credit Between Projects.--The value of any land,
easements, rights-of-way, relocations, and dredged material disposal
areas and the costs of planning, design, and construction work provided
by the non-Federal interest that exceed the non-Federal cost share for
a study or project under this title may be applied toward the non-
Federal cost share for any other study or project carried out under
this title.''; and
(3) by adding at the end the following:
``(g) Definition of Study or Project.--In this section, the term
`study or project' includes any eligible activity that is--
``(1) carried out pursuant to the coastal Louisiana ecosystem
science and technology program authorized under section 7006(a);
and
``(2) in accordance with the restoration plan.''.
(b) Implementation.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in coordination with any relevant
agencies of the State of Louisiana, shall establish a process by which
to carry out the amendment made by subsection (a)(2).
(c) Effective Date.--The amendments made by subsection (a) take
effect on November 8, 2007.

16e04440c47a49b1d67414582d76570b2d6b869388ed2336b1d2b8779044b376

(a) In General.--Subject to subsection (b), the Secretary may apply
credit for in-kind contributions provided by a non-Federal interest
that are in excess of the required non-Federal cost share for a water
resources development study or project toward the required non-Federal
cost share for a different water resources development study or
project.
(b) Restrictions.--
(1) In general.--Except for subsection (a)(4)(D)(i) of that
section, the requirements of section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b) (as amended by section 1018(a)) shall
apply to any credit under this section.
(2) Conditions.--Credit in excess of the non-Federal share for
a study or project may be approved under this section only if--
(A) the non-Federal interest submits a comprehensive plan
to the Secretary that identifies--
(i) the studies and projects for which the non-Federal
interest intends to provide in-kind contributions for
credit that are in excess of the non-Federal cost share for
the study or project; and
(ii) the authorized studies and projects to which that
excess credit would be applied;
(B) the Secretary approves the comprehensive plan; and
(C) the total amount of credit does not exceed the total
non-Federal share for the studies and projects in the approved
comprehensive plan.
(c) Additional Criteria.--In evaluating a request to apply credit
in excess of the non-Federal share for a study or project toward a
different study or project, the Secretary shall consider whether
applying that credit will--
(1) help to expedite the completion of a project or group of
projects;
(2) reduce costs to the Federal Government; and
(3) aid the completion of a project that provides significant
flood risk reduction or environmental benefits.
(d) Termination of Authority.--The authority provided in this
section shall terminate 10 years after the date of enactment of this
Act.
(e) Report.--
(1) Deadlines.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, and once every 2 years thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives and make
publicly available an interim report on the use of the
authority under this section.
(B) Final report.--Not later than 10 years after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a final report on
the use of the authority under this section.
(2) Inclusions.--The reports described in paragraph (1) shall
include--
(A) a description of the use of the authority under this
section during the reporting period;
(B) an assessment of the impact of the authority under this
section on the time required to complete projects; and
(C) an assessment of the impact of the authority under this
section on other water resources projects.

1b5824dbaf18bfb23e23bcfd2fde6b7c88344decfd14800fd4e34b2b0f62c00a

PROJECTS.
A non-Federal interest may carry out operation and maintenance
activities for an authorized navigation project, subject to the
condition that the non-Federal interest complies with all Federal laws
and regulations applicable to such operation and maintenance
activities, and may receive credit for the costs incurred by the non-
Federal interest in carrying out such activities towards the share of
construction costs of that non-Federal interest for another element of
the same project or another authorized navigation project, except that
in no instance may such credit exceed 20 percent of the total costs
associated with construction of the general navigation features of the
project for which such credit may be applied pursuant to this section.

8ce21e25333348e6fea6000857da917678050f9e7d6ec6e2dd57568b2c3e289b

(a) Requests for Credits.--With respect to an authorized flood
damage reduction project, or separable element thereof, that has been
constructed by a non-Federal interest under section 211 of the Water
Resources Development Act of 1996 (33 U.S.C. 701b-13) before the date
of enactment of this Act, the Secretary may provide to the non-Federal
interest, at the request of the non-Federal interest, a credit in an
amount equal to the estimated Federal share of the cost of the project
or separable element, in lieu of providing to the non-Federal interest
a reimbursement in that amount.
(b) Application of Credits.--At the request of the non-Federal
interest, the Secretary may apply such credit to the share of the cost
of the non-Federal interest of carrying out other flood damage
reduction projects or studies.

2019012dcf8a147437eda94507a573f076aa5f7de8f1d414fb8f63e8ab9bec08

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 of June 22,
1936 (33 U.S.C. 701h), the Secretary may accept funds from a non-
Federal interest for any authorized water resources development project
that has exceeded its maximum cost under subsection (a), and use such
funds to carry out such project, if the use of such funds does not
increase the Federal share of the cost of such project.''.

e4c8bc8adb9bbe109985db067c53da49608722cc994f003a3561c2a2321853cc

(a) In General.--Subject to subsection (b), the Secretary is
authorized to accept and use materials and services contributed by a
non-Federal public entity, a nonprofit entity, or a private entity for
the purpose of repairing, restoring, or replacing a water resources
development project that has been damaged or destroyed as a result of
an emergency if the Secretary determines that the acceptance and use of
such materials and services is in the public interest.
(b) Limitation.--Any entity that contributes materials or services
under subsection (a) shall not be eligible for credit or reimbursement
for the value of such materials or services.
(c) Report.--Not later than 60 days after initiating an activity
under this section, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) a description of the activities undertaken, including the
costs associated with the activities; and
(2) a comprehensive description of how the activities are
necessary for maintaining a safe and reliable water resources
project.

6f3c03d2d0b5d464dc3f2a43c7c0107c7ba8f56ce899c5a24f0f0f7e0dfe1aab

(a) In General.--Subject to subsection (b), the Secretary may carry
out an authorized water resources development project on Federal land
that is under the administrative jurisdiction of another Federal agency
where the cost of the acquisition of such Federal land has been paid
for by the non-Federal interest for the project.
(b) MOU Required.--The Secretary may carry out a project pursuant
to subsection (a) only after the non-Federal interest has entered into
a memorandum of understanding with the Federal agency that includes
such terms and conditions as the Secretary determines to be necessary.
(c) Applicability.--Nothing in this section alters any non-Federal
cost-sharing requirements for the project.

8b14fba83b3c4d14de3be9d65032bbd5bbd1c7a120517e3e2b2bd45a3ef63be2

In any case where the modification or construction of a water
resources development project carried out by the Secretary adversely
impacts other Federal facilities, the Secretary may accept from other
Federal agencies such funds as may be necessary to address the adverse
impact, including by removing, relocating, or reconstructing those
facilities.

758cb862f663053439d7de05071c75ac94fe824cec395435984796745dcff390

(a) In General.--The Secretary may implement any response action
the Secretary determines to be necessary at a site where--
(1) the Secretary has carried out a project under civil works
authority of the Secretary that includes placing sand on a beach;
and
(2) as a result of the project described in paragraph (1),
military munitions that were originally released as a result of
Department of Defense activities are deposited on the beach, posing
a threat to human health or the environment.
(b) Response Action Funding.--A response action described in
subsection (a) shall be funded from amounts made available to the
agency within the Department of Defense responsible for the original
release of the munitions.

d1c135a0e3b42011dc3017ca5c470e6eed416918bcf2df398904b65dccdfce85

(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.

8d1f12972079ca8a967c4af8463ffd7e657a57673a2df7fac50bb330e4117fce

Section 234 of the Water Resources Development Act of 1996 (33
U.S.C. 2323a) is amended--
(1) in subsection (a), by striking ``other Federal agencies,''
and inserting ``Federal departments or agencies, nongovernmental
organizations,'';
(2) in subsection (b), by inserting ``or foreign governments''
after ``organizations'';
(3) in subsection (c), by inserting ``and restoration'' after
``protection''; and
(4) in subsection (d)--
(A) in the first sentence, by striking ``There is'' and
inserting ``(1) In general.--There is''; and
(B) in the second sentence--
(i) by striking ``The Secretary'' and inserting ``(2)
Acceptance of funds.--The Secretary''; and
(ii) by striking ``other Federal agencies,'' and
inserting ``Federal departments or agencies,
nongovernmental organizations,''.

71dd892444db960918565d37221bb3927130e4992dcdb845c617e5a10629abaf

(a) Continuing Authority Programs.--
(1) Definition of continuing authority program project.--In
this subsection, the term ``continuing authority program'' means 1
of the following authorities:
(A) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(B) Section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i).
(C) Section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
(D) Section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a).
(E) Section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577).
(F) Section 3 of the Act of August 13, 1946 (33 U.S.C.
426g).
(G) Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(H) Section 103 of the River and Harbor Act of 1962 (Public
Law 87-874; 76 Stat. 1178).
(I) Section 204(e) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(e)).
(J) Section 208 of the Flood Control Act of 1958 (33 U.S.C.
701b-8a).
(K) Section 104(a) of the River and Harbor Act of 1958 (33
U.S.C. 610(a)).
(2) Prioritization.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register and on a publicly available website, the criteria the
Secretary uses for prioritizing annual funding for continuing
authority program projects.
(3) Annual report.--Not later than 1 year after the date of
enactment of this Act and each year thereafter, the Secretary shall
publish in the Federal Register and on a publicly available
website, a report on the status of each continuing authority
program, which, at a minimum, shall include--
(A) the name and a short description of each active
continuing authority program project;
(B) the cost estimate to complete each active project; and
(C) the funding available in that fiscal year for each
continuing authority program.
(4) Congressional notification.--On publication in the Federal
Register under paragraphs (2) and (3), the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a copy of all information published under those
paragraphs.
(b) Small River and Harbor Improvement Projects.--Section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577) is amended--
(1) in subsection (a), by striking ``$35,000,000'' and
inserting ``$50,000,000''; and
(2) in subsection (b), by striking ``$7,000,000'' and inserting
``$10,000,000''.
(c) Shore Damage Prevention or Mitigation.--Section 111(c) of the
River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is amended by striking
``$5,000,000'' and inserting ``$10,000,000''.
(d) Regional Sediment Management.--
(1) In general.--Section 204 of the Water Resources Development
Act of 1992 (33 U.S.C. 2326) is amended--
(A) in subsection (c)(1)(C), by striking ``$5,000,000'' and
inserting ``$10,000,000''; and
(B) in subsection (g), by striking ``$30,000,000'' and
inserting ``$50,000,000''.
(2) Applicability.--Section 2037 of the Water Resources
Development Act of 2007 (121 Stat. 1094) is amended by adding at
the end the following:
``(c) Applicability.--The amendment made by subsection (a) shall
not apply to any project authorized under this Act if a report of the
Chief of Engineers for the project was completed prior to the date of
enactment of this Act.''.
(e) Small Flood Control Projects.--Section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended in the third sentence by
striking ``$7,000,000'' and inserting ``$10,000,000''.
(f) Project Modifications for Improvement of Environment.--Section
1135(d) of the Water Resources Development Act of 1986 (33 U.S.C.
2309a(d)) is amended--
(1) in the second sentence, by striking ``Not more than 80
percent of the non-Federal share may be'' and inserting ``The non-
Federal share may be provided''; and
(2) in the third sentence, by striking ``$5,000,000'' and
inserting ``$10,000,000''.
(g) Aquatic Ecosystem Restoration.--Section 206(d) of the Water
Resources Development Act of 1996 (33 U.S.C. 2330(d)) is amended by
striking ``$5,000,000'' and inserting ``$10,000,000''.
(h) Floodplain Management Services.--Section 206(d) of the Flood
Control Act of 1960 (33 U.S.C. 709a(d)) is amended by striking
``$15,000,000'' and inserting ``$50,000,000''.
(i) Emergency Streambank and Shoreline Protection.--Section 14 of
the Flood Control Act of 1946 (33 U.S.C. 701r) is amended--
(1) by striking ``$15,000,000'' and inserting ``$20,000,000'';
and
(2) by striking ``$1,500,000'' and inserting ``$5,000,000''.

da50248639cfe1ca9a9437cb0b872db16cc8b8ddb3caa23a4c16f6494e5600a7

(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 this clause, the Secretary shall
issue guidance on the procedures described in clause
(i).''; and
(2) by striking subsection (e) and inserting the following:
``(e) Restrictions.--The Secretary is authorized to carry out
activities under this section for fiscal years 2015 through 2024.''.
(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.

860a7019cb44ea6f08f1b2a9a77674d8bec239c3443fb6dc14077f9be3a236fc

Section 1156 of the Water Resources Development Act of 1986 (33
U.S.C. 2310) is amended--
(1) by striking ``The Secretary shall waive'' and inserting
``(a) In General.--The Secretary shall waive'';
(2) in subsection (a) (as so designated), by inserting ``Puerto
Rico,'' before ``and the Trust Territory of the Pacific Islands'';
and
(3) by adding at the end the following:
``(b) Inflation Adjustment.--The Secretary shall adjust the dollar
amount specified in subsection (a) for inflation for the period
beginning on November 17, 1986, and ending on the date of enactment of
this subsection.''.

8beb00a9a748f97951ccc432dafef9efe6cb03ab7bb0494ee9b3af33d9d77934

(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.

a4979052d6acdcb1a11fe449044ef127b49836435a5576fe350bc29aa7ec47e6

(a) In General.--To the greatest extent practicable, the Secretary
shall encourage and incorporate advanced modeling technologies,
including 3-dimensional digital modeling, that can expedite project
delivery or improve the evaluation of water resources development
projects that receive Federal funding by--
(1) accelerating and improving the environmental review
process;
(2) increasing effective public participation;
(3) enhancing the detail and accuracy of project designs;
(4) increasing safety;
(5) accelerating construction and reducing construction costs;
or
(6) otherwise achieving the purposes described in paragraphs
(1) through (5).
(b) Activities.--In carrying out subsection (a), the Secretary, to
the greatest extent practicable, shall--
(1) compile information related to advanced modeling
technologies, including industry best practices with respect to the
use of the technologies;
(2) disseminate to non-Federal interests the information
described in paragraph (1); and
(3) promote the use of advanced modeling technologies.

12c87639b9ba833f32438325ae835bf4f4dfa93b61d1d6150b109b3c970e97f0

(a) Definition of Floating Cabin.--In this section, the term
``floating cabin'' means a vessel (as defined in section 3 of title 1,
United States Code) that has overnight accommodations.
(b) Recreational Access.--The Secretary shall allow the use of a
floating cabin on waters under the jurisdiction of the Secretary in the
Cumberland River basin if--
(1) the floating cabin--
(A) is in compliance with regulations for recreational
vessels issued under chapter 43 of title 46, United States
Code, and section 312 of the Federal Water Pollution Control
Act (33 U.S.C. 1322);
(B) is located at a marina leased by the Corps of
Engineers; and
(C) is maintained by the owner to required health and
safety standards; and
(2) the Secretary has authorized the use of recreational
vessels on such waters.

b56effe22923c53c99e977fe2da7d061fc57de10b4986011e60ae50af913c8d1

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 Cost Share.--If the Secretary carries out a locally
preferred plan under subsection (a), the Federal share of the cost of
the project shall be not greater than the share as provided by law for
elements of the national economic development plan.

0b7cd044a2fe67a23a80a3617c93d22a7d5ebe7d68b203f373ae9b9c5e802fbd

(a) In General.--Section 156 of the Water Resources Development Act
of 1976 (42 U.S.C. 1962d-5f) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Review.--Notwithstanding subsection (a), the Secretary shall,
at the request of the non-Federal interest, carry out a study to
determine the feasibility of extending the period of nourishment
described in subsection (a) for a period not to exceed 15 additional
years beyond the maximum period described in subsection (a).
``(c) Plan for Reducing Risk to People and Property.--
``(1) In general.--As part of the review described in
subsection (b), the non-Federal interest shall submit to the
Secretary a plan for reducing risk to people and property during
the life of the project.
``(2) Inclusion of plan in recommendation to congress.--The
Secretary shall include the plan described in subsection (a) in the
recommendations to Congress described in subsection (d).
``(d) Report to Congress.--Upon completion of the review described
in subsection (b), the Secretary shall--
``(1) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives any recommendations
of the Secretary related to the review; and
``(2) include in the subsequent annual report to Congress
required under section 7001 of the Water Resources Reform and
Development Act of 2014, any recommendations that require specific
congressional authorization.
``(e) Special Rule.--Notwithstanding any other provision of this
section, for any existing authorized water resources development
project for which the maximum period for nourishment described in
subsection (a) will expire within the 5 year-period beginning on the
date of enactment of the Water Resources Reform and Development Act of
2014, that project shall remain eligible for nourishment for an
additional 3 years after the expiration of such period.''.
(b) Review of Authorized Periodic Nourishment Authority.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall initiate a review of all
authorized water resources development projects for which the
Secretary is authorized to provide periodic nourishment under
section 156 of the Water Resources Development Act of 1976 (42
U.S.C. 1962d-5f).
(2) Scope of review.--In carrying out the review under
paragraph (1), the Secretary shall assess the Federal costs
associated with that nourishment authority and the projected
benefits of each project.
(3) Report to congress.--Upon completion of the review under
paragraph (1), the Secretary shall issue to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
and make publicly available a report on the results of that review,
including any proposed changes the Secretary may recommend to the
nourishment authority.

aa2578e4a6041ba09c8aea79041c564e52f53dff53ee6a55692ce70386b730cf

REDUCTION PROJECTS.
Section 204 of the Water Resources Development Act of 1992 (33
U.S.C. 2326) (as amended by section 1030(d)(1)) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or used in'' after
``obtained through'';
(B) in paragraph (3)(C), by inserting ``for the purposes of
improving environmental conditions in marsh and littoral
systems, stabilizing stream channels, enhancing shorelines, and
supporting State and local risk management adaptation
strategies'' before the period at the end; and
(C) by adding at the end the following:
``(4) Reducing costs.--To reduce or avoid Federal costs, the
Secretary shall consider the beneficial use of dredged material in
a manner that contributes to the maintenance of sediment resources
in the nearby coastal system.'';
(2) in subsection (d)--
(A) by striking the subsection designation and heading and
inserting the following:
``(d) Selection of Dredged Material Disposal Method for Purposes
Related to Environmental Restoration or Storm Damage and Flood
Reduction.--''; and
(B) in paragraph (1), by striking ``in relation to'' and
all that follows through the period at the end and inserting
``in relation to--
``(A) the environmental benefits, including the benefits to
the aquatic environment to be derived from the creation of
wetlands and control of shoreline erosion; or
``(B) the flood and storm damage and flood reduction
benefits, including shoreline protection, protection against
loss of life, and damage to improved property.''; and
(3) in subsection (e), by striking paragraph (1) and inserting
the following:
``(1) cooperate with any State or group of States in the
preparation of a comprehensive State or regional sediment
management plan within the boundaries of the State or among
States;''.

ee11e5da262577355dea5a1d2f94727488e01f279e59a7339c47e123c33b5538

(a) Aquatic Species Review.--
(1) Review of authorities.--The Secretary, in consultation with
the Director of the United States Fish and Wildlife Service, the
Chairman of the Tennessee Valley Authority, and other applicable
heads of Federal agencies, shall--
(A) carry out a review of existing Federal authorities
relating to responding to invasive species, including aquatic
weeds, aquatic snails, and other aquatic invasive species, that
have an impact on water resources; and
(B) based on the review under subparagraph (A), make any
recommendations to Congress and applicable State agencies for
improving Federal and State laws to more effectively respond to
the threats posed by those invasive species.
(2) Federal investment.--
(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the Federal costs of, and
spending on, aquatic invasive species.
(B) Contents.--The assessment conducted under subparagraph
(A) shall include--
(i) identification of current Federal spending on, and
projected future Federal costs of, operation and
maintenance related to mitigating the impacts of aquatic
invasive species on federally owned or operated facilities;
(ii) identification of current Federal spending on
aquatic invasive species prevention;
(iii) analysis of whether spending identified in clause
(ii) is adequate for the maintenance and protection of
services provided by federally owned or operated
facilities, based on the current spending and projected
future costs identified in clause (i); and
(iv) review of any other aspect of aquatic invasive
species prevention or mitigation determined appropriate by
the Comptroller General.
(C) Findings.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Environment and Public Works and the Committee
on Energy and Natural Resources of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Natural Resources of the House of Representatives a report
containing the findings of the assessment conducted under
subparagraph (A).
(b) Aquatic Invasive Species Prevention.--
(1) Multiagency effort to slow the spread of asian carp in the
upper mississippi and ohio river basins and tributaries.--
(A) In general.--The Director of the United States Fish and
Wildlife Service, in coordination with the Secretary, the
Director of the National Park Service, and the Director of the
United States Geological Survey, shall lead a multiagency
effort to slow the spread of Asian carp in the Upper
Mississippi and Ohio River basins and tributaries by providing
technical assistance, coordination, best practices, and support
to State and local governments in carrying out activities
designed to slow, and eventually eliminate, the threat posed by
Asian carp.
(B) Best practices.--To the maximum extent practicable, the
multiagency effort shall apply lessons learned and best
practices such as those described in the document prepared by
the Asian Carp Working Group entitled ``Management and Control
Plan for Bighead, Black, Grass, and Silver Carps in the United
States'' and dated November 2007, and the document prepared by
the Asian Carp Regional Coordinating Committee entitled ``FY
2012 Asian Carp Control Strategy Framework'' and dated February
2012.
(2) Report to congress.--
(A) In general.--Not later than December 31 of each year,
the Director of the United States Fish and Wildlife Service, in
coordination with the Secretary, shall submit to the Committee
on Appropriations and the Committee on Environment and Public
Works of the Senate and the Committee on Appropriations, the
Committee on Natural Resources, and the Committee on
Transportation and Infrastructure of the House of
Representatives and make publicly available a report describing
the coordinated strategies established and progress made toward
the goals of controlling and eliminating Asian carp in the
Upper Mississippi and Ohio River basins and tributaries.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) any observed changes in the range of Asian carp in
the Upper Mississippi and Ohio River basins and tributaries
during the 2-year period preceding submission of the
report;
(ii) a summary of Federal agency efforts, including
cooperative efforts with non-Federal partners, to control
the spread of Asian carp in the Upper Mississippi and Ohio
River basins and tributaries;
(iii) any research that the Director determines could
improve the ability to control the spread of Asian carp;
(iv) any quantitative measures that the Director
intends to use to document progress in controlling the
spread of Asian carp; and
(v) a cross-cut accounting of Federal and non-Federal
expenditures to control the spread of Asian carp.
(c) Prevention, Great Lakes and Mississippi River Basin.--
(1) In general.--The Secretary is authorized to implement
measures recommended in the efficacy study authorized under section
3061 of the Water Resources Development Act of 2007 (121 Stat.
1121) or in interim reports, with any modifications or any
emergency measures that the Secretary determines to be appropriate
to prevent aquatic nuisance species from dispersing into the Great
Lakes by way of any hydrologic connection between the Great Lakes
and the Mississippi River Basin.
(2) Notifications.--The Secretary shall notify the Committees
on Environment and Public Works and Appropriations of the Senate
and the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives any emergency
actions taken pursuant to this subsection.
(d) Prevention and Management.--Section 104 of the River and Harbor
Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``There is'' and
inserting the following:
``(1) In general.--There is'';
(B) in the second sentence, by striking ``Local'' and
inserting the following:
``(2) Local interests.--Local'';
(C) in the third sentence, by striking ``Costs'' and
inserting the following:
``(3) Federal costs.--Costs''; and
(D) in paragraph (1) (as designated by subparagraph (A))--
(i) by striking ``control and progressive,'' and
inserting ``prevention, control, and progressive''; and
(ii) by inserting ``and aquatic invasive species''
after ``noxious aquatic plant growths'';
(2) in subsection (b), in the first sentence, by striking
``$15,000,000 annually'' and inserting ``$40,000,000, of which
$20,000,000 shall be made available to implement subsection (d),
annually''; and
(3) by inserting after subsection (c) the following:
``(d) Watercraft Inspection Stations.--
``(1) In general.--In carrying out this section, the Secretary
may establish watercraft inspection stations in the Columbia River
Basin to be located in the States of Idaho, Montana, Oregon, and
Washington at locations, as determined by the Secretary, with the
highest likelihood of preventing the spread of aquatic invasive
species at reservoirs operated and maintained by the Secretary.
``(2) Cost share.--The non-Federal share of the cost of
constructing, operating, and maintaining watercraft inspection
stations described in paragraph (1) (including personnel costs)
shall be--
``(A) 50 percent; and
``(B) provided by the State or local governmental entity in
which such inspection station is located.
``(3) Coordination.--In carrying out this subsection, the
Secretary shall consult and coordinate with--
``(A) the States described in paragraph (1);
``(B) Indian tribes; and
``(C) other Federal agencies, including--
``(i) the Department of Agriculture;
``(ii) the Department of Energy;
``(iii) the Department of Homeland Security;
``(iv) the Department of Commerce; and
``(v) the Department of the Interior.
``(e) Monitoring and Contingency Planning.--In carrying out this
section, the Secretary may--
``(1) carry out risk assessments of water resources facilities;
``(2) monitor for aquatic invasive species;
``(3) establish watershed-wide plans for expedited response to
an infestation of aquatic invasive species; and
``(4) monitor water quality, including sediment cores and fish
tissue samples.''.

dae2ae8a57a53e42afb6a657dd91d9bdd6f1c29253c4d0e948d2bbcc74406c1a

(a) In General.--Section 906 of the Water Resources Development Act
of 1986 (33 U.S.C. 2283) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by inserting ``for damages to ecological
resources, including terrestrial and aquatic resources,
and'' after ``mitigate'';
(II) by inserting ``ecological resources and''
after ``impact on''; and
(III) by inserting ``without the implementation of
mitigation measures'' before the period; and
(ii) by inserting before the last sentence the
following: ``If the Secretary determines that mitigation to
in-kind conditions is not possible, the Secretary shall
identify in the report the basis for that determination and
the mitigation measures that will be implemented to meet
the requirements of this section and the goals of section
307(a)(1) of the Water Resources Development Act of 1990
(33 U.S.C. 2317(a)(1)).'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Design'' and
inserting ``Selection and design'';
(ii) by inserting ``select and'' after ``shall''; and
(iii) by inserting ``using a watershed approach'' after
``projects''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``, at a
minimum,'' after ``complies with''; and
(ii) in subparagraph (B)--
(I) by striking clause (iii);
(II) by redesignating clauses (iv) and (v) as
clauses (v) and (vi), respectively; and
(III) by inserting after clause (ii) the following:
``(iii) for projects where mitigation will be carried
out by the Secretary--
``(I) a description of the land and interest in
land to be acquired for the mitigation plan;
``(II) the basis for a determination that the land
and interests are available for acquisition; and
``(III) a determination that the proposed interest
sought does not exceed the minimum interest in land
necessary to meet the mitigation requirements for the
project;
``(iv) for projects where mitigation will be carried
out through a third party mitigation arrangement in
accordance with subsection (i)--
``(I) a description of the third party mitigation
instrument to be used; and
``(II) the basis for a determination that the
mitigation instrument can meet the mitigation
requirements for the project;''; and
(2) by adding at the end the following:
``(h) Programmatic Mitigation Plans.--
``(1) In general.--The Secretary may develop programmatic
mitigation plans to address the potential impacts to ecological
resources, fish, and wildlife associated with existing or future
Federal water resources development projects.
``(2) Use of mitigation plans.--The Secretary shall, to the
maximum extent practicable, use programmatic mitigation plans
developed in accordance with this subsection to guide the
development of a mitigation plan under subsection (d).
``(3) Non-federal plans.--The Secretary shall, to the maximum
extent practicable and subject to all conditions of this
subsection, use programmatic environmental plans developed by a
State, a body politic of the State, which derives its powers from a
State constitution, a government entity created by State
legislation, or a local government, that meet the requirements of
this subsection to address the potential environmental impacts of
existing or future water resources development projects.
``(4) Scope.--A programmatic mitigation plan developed by the
Secretary or an entity described in paragraph (3) to address
potential impacts of existing or future water resources development
projects shall, to the maximum extent practicable--
``(A) be developed on a regional, ecosystem, watershed, or
statewide scale;
``(B) include specific goals for aquatic resource and fish
and wildlife habitat restoration, establishment, enhancement,
or preservation;
``(C) identify priority areas for aquatic resource and fish
and wildlife habitat protection or restoration;
``(D) encompass multiple environmental resources within a
defined geographical area or focus on a specific resource, such
as aquatic resources or wildlife habitat; and
``(E) address impacts from all projects in a defined
geographical area or focus on a specific type of project.
``(5) Consultation.--The scope of the plan shall be determined
by the Secretary or an entity described in paragraph (3), as
appropriate, in consultation with the agency with jurisdiction over
the resources being addressed in the environmental mitigation plan.
``(6) Contents.--A programmatic environmental mitigation plan
may include--
``(A) an assessment of the condition of environmental
resources in the geographical area covered by the plan,
including an assessment of recent trends and any potential
threats to those resources;
``(B) an assessment of potential opportunities to improve
the overall quality of environmental resources in the
geographical area covered by the plan through strategic
mitigation for impacts of water resources development projects;
``(C) standard measures for mitigating certain types of
impacts;
``(D) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria
for determining appropriate mitigation sites;
``(E) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to information
gathered through the monitoring;
``(F) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining
appropriate mitigation for certain types of resources; and
``(G) any offsetting benefits of self-mitigating projects,
such as ecosystem or resource restoration and protection.
``(7) Process.--Before adopting a programmatic environmental
mitigation plan for use under this subsection, the Secretary
shall--
``(A) for a plan developed by the Secretary--
``(i) make a draft of the plan available for review and
comment by applicable environmental resource agencies and
the public; and
``(ii) consider any comments received from those
agencies and the public on the draft plan; and
``(B) for a plan developed under paragraph (3), determine,
not later than 180 days after receiving the plan, whether the
plan meets the requirements of paragraphs (4) through (6) and
was made available for public comment.
``(8) Integration with other plans.--A programmatic
environmental mitigation plan may be integrated with other plans,
including watershed plans, ecosystem plans, species recovery plans,
growth management plans, and land use plans.
``(9) Consideration in project development and permitting.--If
a programmatic environmental mitigation plan has been developed
under this subsection, any Federal agency responsible for
environmental reviews, permits, or approvals for a water resources
development project may use the recommendations in that
programmatic environmental mitigation plan when carrying out the
responsibilities of the agency under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(10) Preservation of existing authorities.--Nothing in this
subsection limits the use of programmatic approaches to reviews
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(11) Mitigation for existing projects.--Nothing in this
subsection requires the Secretary to undertake additional
mitigation for existing projects for which mitigation has already
been initiated.
``(i) Third-party Mitigation Arrangements.--
``(1) Eligible activities.--In accordance with all applicable
Federal laws (including regulations), mitigation efforts carried
out under this section may include--
``(A) participation in mitigation banking or other third-
party mitigation arrangements, such as--
``(i) the purchase of credits from commercial or State,
regional, or local agency-sponsored mitigation banks; and
``(ii) the purchase of credits from in-lieu fee
mitigation programs; and
``(B) contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and
wetlands if the Secretary determines that the contributions
will ensure that the mitigation requirements of this section
and the goals of section 307(a)(1) of the Water Resources
Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be met.
``(2) Inclusion of other activities.--The banks, programs, and
efforts described in paragraph (1) include any banks, programs, and
efforts developed in accordance with applicable law (including
regulations).
``(3) Terms and conditions.--In carrying out natural habitat
and wetlands mitigation efforts under this section, contributions
to the mitigation effort may--
``(A) take place concurrent with, or in advance of, the
commitment of funding to a project; and
``(B) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and water resources
development planning processes.
``(4) Preference.--At the request of the non-Federal project
sponsor, preference may be given, to the maximum extent
practicable, to mitigating an environmental impact through the use
of a mitigation bank, in-lieu fee, or other third-party mitigation
arrangement, if the use of credits from the mitigation bank or in-
lieu fee, or the other third-party mitigation arrangement for the
project has been approved by the applicable Federal agency.''.
(b) Application.--The amendments made by subsection (a) shall not
apply to a project for which a mitigation plan has been completed as of
the date of enactment of this Act.
(c) Technical Assistance.--
(1) In general.--The Secretary may provide technical assistance
to States and local governments to establish third-party mitigation
instruments, including mitigation banks and in-lieu fee programs,
that will help to target mitigation payments to high-priority
ecosystem restoration actions.
(2) Requirements.--In providing technical assistance under this
subsection, the Secretary shall give priority to States and local
governments that have developed State, regional, or watershed-based
plans identifying priority restoration actions.
(3) Mitigation instruments.--The Secretary shall seek to ensure
any technical assistance provided under this subsection will
support the establishment of mitigation instruments that will
result in restoration of high-priority areas identified in the
plans under paragraph (2).

650e78c155c8c24bf02a9e6aa4917cbca97086e87f6fd7a66bfffddf7a5e6549

Section 2036(b) of the Water Resources Development Act of 2007 (33
U.S.C. 2283a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Information included.--In reporting the status of all
projects included in the report, the Secretary shall--
``(A) use a uniform methodology for determining the status
of all projects included in the report;
``(B) use a methodology that describes both a qualitative
and quantitative status for all projects in the report; and
``(C) provide specific dates for participation in the
consultations required under section 906(d)(4)(B) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(d)(4)(B)).''.

bda4e71c59fa36f46f9de97a7c72adc3eb8d640dd6bd346474995b25a85018bc

(a) In General.--Subject to the availability of appropriations, the
Secretary shall complete and submit to Congress by the applicable date
required the reports that address public safety and enhanced local
participation in project delivery described in subsection (b).
(b) Reports.--The reports referred to in subsection (a) are the
reports required under--
(1) subparagraphs (A) and (B) of section 1043(a)(5);
(2) section 1046(a)(2)(B);
(3) section 210(e)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(e)(3)) (as amended by section 2102(a)); and
(4) section 7001.
(c) Failure To Provide a Completed Report.--
(1) In general.--Subject to subsection (d), if the Secretary
fails to provide a report listed under subsection (b) by the date
that is 180 days after the applicable date required for that
report, $5,000 shall be reprogrammed from the General Expenses
account of the civil works program of the Army Corps of Engineers
into the account of the division of the Army Corps of Engineers
with responsibility for completing that report.
(2) Subsequent reprogramming.--Subject to subsection (d), for
each additional week after the date described in paragraph (1) in
which a report described in that paragraph remains uncompleted and
unsubmitted to Congress, $5,000 shall be reprogrammed from the
General Expenses account of the civil works program of the Army
Corps of Engineers into the account of the division of the
Secretary of the Army with responsibility for completing that
report.
(d) Limitations.--
(1) In general.--For each report, the total amounts
reprogrammed under subsection (c) shall not exceed, in any fiscal
year, $50,000.
(2) Aggregate limitation.--The total amount reprogrammed under
subsection (c) in a fiscal year shall not exceed $200,000.
(e) No Fault of the Secretary.--Amounts shall not be reprogrammed
under subsection (c) if the Secretary certifies in a letter to the
applicable committees of Congress that--
(1) a major modification has been made to the content of the
report that requires additional analysis for the Secretary to make
a final decision on the report;
(2) amounts have not been appropriated to the agency under this
Act or any other Act to carry out the report; or
(3) additional information is required from an entity other
than the Corps of Engineers and is not available in a timely manner
to complete the report by the deadline.
(f) Limitation.--The Secretary shall not reprogram funds to the
General Expenses account of the civil works program of the Corps of
Engineers for the loss of the funds.

e3c49b4164a3321d5a861b0bc8cad0c44d07af42824e5a901853ef580f7895a8

(a) Non-Federal Implementation of Feasibility Studies.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and implement
a pilot program to evaluate the cost-effectiveness and project
delivery efficiency of allowing non-Federal interests to carry out
feasibility studies for flood risk management, hurricane and storm
damage reduction, aquatic ecosystem restoration, and coastal harbor
and channel and inland navigation.
(2) Purposes.--The purposes of the pilot program are--
(A) to identify project delivery and cost-saving
alternatives to the existing feasibility study process;
(B) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal interest carrying
out a feasibility study of 1 or more projects; and
(C) to evaluate alternatives for the decentralization of
the project planning, management, and operational
decisionmaking process of the Corps of Engineers.
(3) Administration.--
(A) In general.--On the request of a non-Federal interest,
the Secretary may enter into an agreement with the non-Federal
interest for the non-Federal interest to provide full project
management control of a feasibility study for a project for--
(i) flood risk management;
(ii) hurricane and storm damage reduction, including
levees, floodwalls, flood control channels, and water
control structures;
(iii) coastal harbor and channel and inland navigation;
and
(iv) aquatic ecosystem restoration.
(B) Use of non-federal funds.--
(i) In general.--A non-Federal interest that has
entered into an agreement with the Secretary pursuant to
subparagraph (A) may use non-Federal funds to carry out the
feasibility study.
(ii) Credit.--The Secretary shall credit towards the
non-Federal share of the cost of construction of a project
for which a feasibility study is carried out under this
subsection an amount equal to the portion of the cost of
developing the study that would have been the
responsibility of the Secretary, if the study were carried
out by the Secretary, subject to the conditions that--
(I) non-Federal funds were used to carry out the
activities that would have been the responsibility of
the Secretary;
(II) the Secretary determines that the feasibility
study complies with all applicable Federal laws and
regulations; and
(III) the project is authorized by any provision of
Federal law enacted after the date on which an
agreement is entered into under subparagraph (A).
(C) Transfer of funds.--
(i) In general.--After the date on which an agreement
is executed pursuant to subparagraph (A), the Secretary may
transfer to the non-Federal interest to carry out the
feasibility study--
(I) if applicable, the balance of any unobligated
amounts appropriated for the study, except that the
Secretary shall retain sufficient amounts for the Corps
of Engineers to carry out any responsibilities of the
Corps of Engineers relating to the project and pilot
program; and
(II) additional amounts, as determined by the
Secretary, from amounts made available under paragraph
(8), except that the total amount transferred to the
non-Federal interest shall not exceed the updated
estimate of the Federal share of the cost of the
feasibility study.
(ii) Administration.--The Secretary shall include such
provisions as the Secretary determines to be necessary in
an agreement under subparagraph (A) to ensure that a non-
Federal interest receiving Federal funds under this
paragraph--
(I) has the necessary qualifications to administer
those funds; and
(II) will comply with all applicable Federal laws
(including regulations) relating to the use of those
funds.
(D) Notification.--The Secretary shall notify the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives on the initiation of each feasibility study
under the pilot program.
(E) Auditing.--The Secretary shall regularly monitor and
audit each feasibility study carried out by a non-Federal
interest under this section to ensure that the use of any funds
transferred under subparagraph (C) are used in compliance with
the agreement signed under subparagraph (A).
(F) Technical assistance.--On the request of a non-Federal
interest, the Secretary may provide technical assistance to the
non-Federal interest relating to any aspect of the feasibility
study, if the non-Federal interest contracts with the Secretary
for the technical assistance and compensates the Secretary for
the technical assistance.
(G) Detailed project schedule.--Not later than 180 days
after entering into an agreement under subparagraph (A), each
non-Federal interest, to the maximum extent practicable, shall
submit to the Secretary a detailed project schedule, based on
full funding capability, that lists all deadlines for
milestones relating to the feasibility study.
(4) Cost share.--Nothing in this subsection affects the cost-
sharing requirement applicable on the day before the date of
enactment of this Act to a feasibility study carried out under this
subsection.
(5) Report.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report detailing
the results of the pilot program carried out under this
section, including--
(i) a description of the progress of the non-Federal
interests in meeting milestones in detailed project
schedules developed pursuant to paragraph (3)(G); and
(ii) any recommendations of the Secretary concerning
whether the program or any component of the program should
be implemented on a national basis.
(B) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update of the report described in
subparagraph (A).
(C) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this paragraph,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(6) Administration.--All laws and regulations that would apply
to the Secretary if the Secretary were carrying out the feasibility
study shall apply to a non-Federal interest carrying out a
feasibility study under this subsection.
(7) Termination of authority.--The authority to commence a
feasibility study under this subsection terminates on the date that
is 5 years after the date of enactment of this Act.
(8) Authorization of appropriations.--In addition to any
amounts appropriated for a specific project, there is authorized to
be appropriated to the Secretary to carry out the pilot program
under this subsection, including the costs of administration of the
Secretary, $25,000,000 for each of fiscal years 2015 through 2019.
(b) Non-Federal Project Implementation Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish and implement
a pilot program to evaluate the cost-effectiveness and project
delivery efficiency of allowing non-Federal interests to carry out
flood risk management, hurricane and storm damage reduction,
coastal harbor and channel inland navigation, and aquatic ecosystem
restoration projects.
(2) Purposes.--The purposes of the pilot program are--
(A) to identify project delivery and cost-saving
alternatives that reduce the backlog of authorized Corps of
Engineers projects;
(B) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal interest carrying
out the design, execution, management, and construction of 1 or
more projects; and
(C) to evaluate alternatives for the decentralization of
the project management, design, and construction for authorized
Corps of Engineers water resources projects.
(3) Administration.--
(A) In general.--In carrying out the pilot program, the
Secretary shall--
(i) identify a total of not more than 15 projects for
flood risk management, hurricane and storm damage reduction
(including levees, floodwalls, flood control channels, and
water control structures), coastal harbor and channels,
inland navigation, and aquatic ecosystem restoration that
have been authorized for construction prior to the date of
enactment of this Act, including--
(I) not more than 12 projects that--
(aa)(AA) have received Federal funds prior to
the date of enactment of this Act; or
(BB) for more than 2 consecutive fiscal years,
have an unobligated funding balance for that
project in the Corps of Engineers construction
account; and
(bb) to the maximum extent practicable, are
located in each of the divisions of the Corps of
Engineers; and
(II) not more than 3 projects that have not
received Federal funds in the period beginning on the
date on which the project was authorized and ending on
the date of enactment of this Act;
(ii) notify the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the
identification of each project under the pilot program;
(iii) in collaboration with the non-Federal interest,
develop a detailed project management plan for each
identified project that outlines the scope, budget, design,
and construction resource requirements necessary for the
non-Federal interest to execute the project, or a separable
element of the project;
(iv) on the request of the non-Federal interest, enter
into a project partnership agreement with the non-Federal
interest for the non-Federal interest to provide full
project management control for construction of the project,
or a separable element of the project, in accordance with
plans approved by the Secretary;
(v) following execution of the project partnership
agreement, transfer to the non-Federal interest to carry
out construction of the project, or a separable element of
the project--
(I) if applicable, the balance of the unobligated
amounts appropriated for the project, except that the
Secretary shall retain sufficient amounts for the Corps
of Engineers to carry out any responsibilities of the
Corps of Engineers relating to the project and pilot
program; and
(II) additional amounts, as determined by the
Secretary, from amounts made available under paragraph
(8), except that the total amount transferred to the
non-Federal interest shall not exceed the updated
estimate of the Federal share of the cost of
construction, including any required design; and
(vi) regularly monitor and audit each project being
constructed by a non-Federal interest under this section to
ensure that the construction activities are carried out in
compliance with the plans approved by the Secretary and
that the construction costs are reasonable.
(B) Detailed project schedule.--Not later than 180 days
after entering into an agreement under subparagraph (A)(iv),
each non-Federal interest, to the maximum extent practicable,
shall submit to the Secretary a detailed project schedule,
based on estimated funding levels, that lists all deadlines for
each milestone in the construction of the project.
(C) Technical assistance.--On the request of a non-Federal
interest, the Secretary may provide technical assistance to the
non-Federal interest, if the non-Federal interest contracts
with and compensates the Secretary for the technical assistance
relating to--
(i) any study, engineering activity, and design
activity for construction carried out by the non-Federal
interest under this subsection; and
(ii) expeditiously obtaining any permits necessary for
the project.
(4) Cost share.--Nothing in this subsection affects the cost-
sharing requirement applicable on the day before the date of
enactment of this Act to a project carried out under this
subsection.
(5) Report.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report detailing
the results of the pilot program carried out under this
subsection, including--
(i) a description of the progress of non-Federal
interests in meeting milestones in detailed project
schedules developed pursuant to paragraph (2)(B); and
(ii) any recommendations of the Secretary concerning
whether the program or any component of the program should
be implemented on a national basis.
(B) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update of the report described in
subparagraph (A).
(C) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this paragraph,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a detailed
explanation of why the deadline was missed and a projected date
for submission of the report.
(6) Administration.--All laws and regulations that would apply
to the Secretary if the Secretary were carrying out the project
shall apply to a non-Federal interest carrying out a project under
this subsection.
(7) Termination of authority.--The authority to commence a
project under this subsection terminates on the date that is 5
years after the date of enactment of this Act.
(8) Authorization of appropriations.--In addition to any
amounts appropriated for a specific project, there is authorized to
be appropriated to the Secretary to carry out the pilot program
under this subsection, including the costs of administration of the
Secretary, $25,000,000 for each of fiscal years 2015 through 2019.

97a370eeb2758056021368a7fb995ebad35cd5ee7c31faa8d3cf30357b1a2658

(a) Mandatory Project Studies Subject to Peer Review.--Section
2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 (33
U.S.C. 2343(a)(3)(A)(i)) is amended by striking ``$45,000,000'' and
inserting ``$200,000,000''.
(b) Timing of Peer Review.--Section 2034(b) of the Water Resources
Development Act of 2007 (33 U.S.C. 2343(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Reasons for timing.--If the Chief of Engineers does not
initiate a peer review for a project study at a time described in
paragraph (2), the Chief shall--
``(A) not later than 7 days after the date on which the
Chief of Engineers determines not to initiate a peer review--
``(i) notify the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of that
decision; and
``(ii) make publicly available, including on the
Internet, the reasons for not conducting the review; and
``(B) include the reasons for not conducting the review in
the decision document for the project study.''.
(c) Establishment of Panels.--Section 2034(c) of the Water
Resources Development Act of 2007 (33 U.S.C. 2343(c)) is amended by
striking paragraph (4) and inserting the following:
``(4) Congressional and public notification.--Following the
identification of a project study for peer review under this
section, but prior to initiation of the review by the panel of
experts, the Chief of Engineers shall, not later than 7 days after
the date on which the Chief of Engineers determines to conduct a
review--
``(A) notify the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of the review
conducted under this section; and
``(B) make publicly available, including on the Internet,
information on--
``(i) the dates scheduled for beginning and ending the
review;
``(ii) the entity that has the contract for the review;
and
``(iii) the names and qualifications of the panel of
experts.''.
(d) Recommendations of Panel.--Section 2034(f) of the Water
Resources Development Act of 2007 (33 U.S.C. 2343(f)) is amended by
striking paragraph (2) and inserting the following:
``(2) Public availability and submission to congress.--After
receiving a report on a project study from a panel of experts under
this section, the Chief of Engineers shall make available to the
public, including on the Internet, and submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives--
``(A) a copy of the report not later than 7 days after the
date on which the report is delivered to the Chief of
Engineers; and
``(B) a copy of any written response of the Chief of
Engineers on recommendations contained in the report not later
than 3 days after the date on which the response is delivered
to the Chief of Engineers.
``(3) Inclusion in project study.--A report on a project study
from a panel of experts under this section and the written response
of the Chief of Engineers shall be included in the final decision
document for the project study.''.
(e) Applicability.--Section 2034(h)(2) of the Water Resources
Development Act of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking
``7 years'' and inserting ``12 years''.

cd6b0ed05b8408e1a597ac3f0c82149ad174c7cc8a523f1eb3658b3c24dcd395

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the Federal
Energy Regulatory Commission (referred to in this section as ``FERC''),
shall initiate an assessment of the effects of drought conditions on
lakes managed by the Secretary that are affected by FERC-licensed
reservoirs, which shall include an assessment of--
(1) lake levels and rule curves in areas of previous, current,
and prolonged drought; and
(2) the effect the long-term FERC licenses have on the ability
of the Secretary to manage lakes for hydropower generation,
navigation, flood protection, water supply, fish and wildlife, and
recreation.
(b) Report.--The Secretary, in coordination with the FERC, shall
submit to Congress and make publicly available a report on the
assessment carried out under subsection (a).

61adbfc2f65f42e5ba60ea01d0e5775fe45d36a15573b49bf87c1143eec4be01

(a) Dam Optimization.--
(1) Definition of project.--In this subsection, the term
``project'' means a water resources development project that is
operated and maintained by the Secretary.
(2) Reports.--
(A) Assessment of water supply in arid regions.--
(i) In general.--The Secretary shall conduct an
assessment of the management practices, priorities, and
authorized purposes at Corps of Engineers reservoirs in
arid regions to determine the effects of such practices,
priorities, and purposes on water supply during periods of
drought.
(ii) Inclusions.--The assessment under clause (i) shall
identify actions that can be carried out within the scope
of existing authorities of the Secretary to increase
project flexibility for the purpose of mitigating drought
impacts.
(iii) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives and make publicly available a
report on the results of the assessment.
(B) Updated report.--
(i) In general.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall update and
make publicly available the report entitled ``Authorized
and Operating Purposes of Corps of Engineers Reservoirs''
and dated July 1992, which was produced pursuant to section
311 of the Water Resources Development Act of 1990 (104
Stat. 4639).
(ii) Inclusions.--The updated report described in
clause (i) shall--
(I) include--
(aa) the date on which the most recent review
of project operations was conducted and any
recommendations of the Secretary relating to that
review the Secretary determines to be significant;
(bb) the activities carried out pursuant to
each such review to improve the efficiency of
operations and maintenance and to improve project
benefits consistent with authorized purposes;
(cc) the degree to which reviews of project
operations and subsequent activities pursuant to
completed reviews complied with the policies and
requirements of applicable law and regulations; and
(dd) a plan for reviewing the operations of
individual projects, including a detailed schedule
for future reviews of project operations, that--
(AA) complies with the polices and
requirements of applicable law and regulations;
(BB) gives priority to reviews and
activities carried out pursuant to such plan
where the Secretary determines that there is
support for carrying out those reviews and
activities; and
(CC) ensures that reviews and activities
are carried out pursuant to such plan;
(II) be coordinated with appropriate Federal,
State, and local agencies and those public and private
entities that the Secretary determines may be affected
by those reviews or activities;
(III) not supersede or modify any written agreement
between the Federal Government and a non-Federal
interest that is in effect on the date of enactment of
this Act;
(IV) not supersede or authorize any amendment to a
multistate water control plan, including the Missouri
River Master Water Control Manual (as in effect on the
date of enactment of this Act);
(V) not affect any water right in existence on the
date of enactment of this Act;
(VI) not preempt or affect any State water law or
interstate compact governing water;
(VII) not affect any authority of a State, as in
effect on the date of enactment of this Act, to manage
water resources within that State; and
(VIII) comply with section 301 of the Water Supply
Act of 1958 (43 U.S.C. 390b).
(3) General accountability office report to congress.--The
Comptroller General shall--
(A) conduct an audit to determine--
(i) whether reviews of project operations carried out
by the Secretary prior to the date of enactment of this Act
complied with the policies and requirements of applicable
law and regulations; and
(ii) whether the plan developed by the Secretary
pursuant to paragraph (2)(B)(ii)(I)(dd) complies with this
subsection and with the policies and requirements of
applicable law and regulation; and
(B) not later than 2 years after the date of enactment of
this Act, submit to Congress a report that--
(i) summarizes the results of the audit required by
subparagraph (A);
(ii) includes an assessment of whether existing
practices for managing and reviewing project operations
could result in greater efficiencies that would enable the
Corps of Engineers to better prepare for, contain, and
respond to flood, storm, and drought conditions; and
(iii) includes recommendations for improving the review
of project operations to improve the efficiency and
effectiveness of such operations and to better achieve
authorized purposes while enhancing overall project
benefits.
(4) Interagency and cooperative agreements.--The Secretary may
enter into interagency agreements with other Federal agencies and
cooperative agreements with non-Federal entities to carry out this
subsection and reviews of project operations or activities
resulting from those reviews.
(5) Funding.--
(A) In general.--The Secretary may use to carry out this
subsection, including any reviews of project operations
identified in the plan developed under paragraph
(2)(B)(ii)(I)(dd), amounts made available to the Secretary.
(B) Funding from other sources.--The Secretary may accept
and expend amounts from non-Federal entities and other Federal
agencies to carry out this subsection and reviews of project
operations or activities resulting from those reviews.
(6) Effect of subsection.--
(A) In general.--Nothing in this subsection changes the
authorized purpose of any Corps of Engineers dam or reservoir.
(B) Administration.--The Secretary may carry out any
recommendations and activities under this subsection pursuant
to existing law.
(b) Improving Planning and Administration of Water Supply
Storage.--
(1) In general.--For each water supply feature of a reservoir
managed by the Secretary, the Secretary shall notify the applicable
non-Federal interests before each fiscal year of the anticipated
operation and maintenance activities for that fiscal year and each
of the subsequent 4 fiscal years (including the cost of those
activities) for which the non-Federal interests are required to
contribute amounts.
(2) Clarification.--The information provided to a non-Federal
interest under paragraph (1) shall--
(A) be an estimate which the non-Federal interest may use
for planning purposes; and
(B) not be construed as or relied upon by the non-Federal
interest as the actual amounts that the non-Federal interest
will be required to contribute.
(c) Surplus Water Storage.--
(1) In general.--The Secretary shall not charge a fee for
surplus water under a contract entered into pursuant to section 6
of the Act of December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'') (33 U.S.C. 708) if the contract is for
surplus water stored in the Upper Missouri Mainstem Reservoirs.
(2) Offset.--
(A) In general.--Subject to subparagraph (B), of any
amounts made available to the Secretary to carry out activities
under the heading ``operation and maintenance'' under the
heading ``Corps of Engineers-Civil'' that remain unobligated as
of the date of enactment of this Act, $5,000,000 is rescinded.
(B) Restriction.--No amounts that have been designated by
Congress as being for emergency requirements pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall be
rescinded under subparagraph (A).
(3) Limitation.--The limitation provided under paragraph (1)
shall expire on the date that is 10 years after the date of
enactment of this Act.
(4) Applicability.--Nothing in this subsection--
(A) affects the authority of the Secretary under section
2695 of title 10, United States Code, to accept funds or to
cover the administrative expenses relating to certain real
property transactions; or
(B) affects the application of section 6 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act of
1944'') (33 U.S.C. 708) to surplus water stored outside of the
Upper Missouri Mainstem Reservoirs.
(d) Future Water Supply.--Section 301 of the Water Supply Act of
1958 (43 U.S.C. 390b) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Release of Future Water Storage.--
``(1) Establishment of 10-year plans for the utilization of
future storage.--
``(A) In general.--For the period beginning 180 days after
the date of enactment of this paragraph and ending on January
1, 2016, the Secretary may accept from a State or local
interest a plan for the utilization of allocated water storage
for future use under this Act.
``(B) Contents.--A plan submitted under subparagraph (A)
shall include--
``(i) a 10-year timetable for the conversion of future
use storage to present use; and
``(ii) a schedule of actions that the State or local
interest agrees to carry out over a 10-year period, in
cooperation with the Secretary, to seek new and alternative
users of future water storage that is contracted to the
State or local interest on the date of enactment of this
paragraph.
``(2) Future water storage.--For water resource development
projects managed by the Secretary, a State or local interest that
the Secretary determines has complied with paragraph (1) may
request from the Secretary a release to the United States of any
right of the State or local interest to future water storage under
this Act that was allocated for future use water supply prior to
November 17, 1986.
``(3) Administration.--
``(A) In general.--Not later than 180 days after receiving
a request under paragraph (2), the Secretary shall provide to
the applicable State or local interest a written decision on
whether the Secretary recommends releasing future water storage
rights.
``(B) Recommendation.--If the Secretary recommends
releasing future water storage rights, the Secretary shall
include that recommendation in the annual plan submitted under
section 7001 of the Water Resources Reform and Development Act
of 2014.
``(4) Savings clause.--Nothing in this subsection authorizes
the Secretary to release a State or local interest from a
contractual obligation unless specifically authorized by
Congress.''.

df0bc7ba580be05633506549b05deccfd3fc2ee99207fe35148b07310f686a96

(a) Special Use Permits.--
(1) In general.--The Secretary may issue special permits for
uses such as group activities, recreation events, motorized
recreation vehicles, and such other specialized recreation uses as
the Secretary determines to be appropriate, subject to such terms
and conditions as the Secretary determines to be in the best
interest of the Federal Government.
(2) Fees.--
(A) In general.--In carrying out this subsection, the
Secretary may--
(i) establish and collect fees associated with the
issuance of the permits described in paragraph (1); or
(ii) accept in-kind services in lieu of those fees.
(B) Outdoor recreation equipment.--The Secretary may
establish and collect fees for the provision of outdoor
recreation equipment and services for activities described in
paragraph (1) at public recreation areas located at lakes and
reservoirs operated by the Corps of Engineers.
(C) Use of fees.--Any fees generated pursuant to this
subsection shall be--
(i) retained at the site collected; and
(ii) available for use, without further appropriation,
solely for administering the special permits under this
subsection and carrying out related operation and
maintenance activities at the site at which the fees are
collected.
(b) Cooperative Management.--
(1) Program.--
(A) In general.--Subject to subparagraph (B), the Secretary
may enter into an agreement with a State or local government to
provide for the cooperative management of a public recreation
area if--
(i) the public recreation area is located--
(I) at a lake or reservoir operated by the Corps of
Engineers; and
(II) adjacent to or near a State or local park or
recreation area; and
(ii) the Secretary determines that cooperative
management between the Corps of Engineers and a State or
local government agency of a portion of the Corps of
Engineers recreation area or State or local park or
recreation area will allow for more effective and efficient
management of those areas.
(B) Restriction.--The Secretary may not transfer
administration responsibilities for any public recreation area
operated by the Corps of Engineers.
(2) Acquisition of goods and services.--The Secretary may
acquire from or provide to a State or local government with which
the Secretary has entered into a cooperative agreement under
paragraph (1) goods and services to be used by the Secretary and
the State or local government in the cooperative management of the
areas covered by the agreement.
(3) Administration.--The Secretary may enter into 1 or more
cooperative management agreements or such other arrangements as the
Secretary determines to be appropriate, including leases or
licenses, with non-Federal interests to share the costs of
operation, maintenance, and management of recreation facilities and
natural resources at recreation areas that are jointly managed and
funded under this subsection.
(c) Use of Funds.--
(1) In general.--If the Secretary determines that it is in the
public interest for purposes of enhancing recreation opportunities
at Corps of Engineers water resources development projects, the
Secretary may use funds made available to the Secretary to support
activities carried out by State, local, and tribal governments and
such other public or private nonprofit entities as the Secretary
determines to be appropriate.
(2) Cooperative agreements.--Any use of funds pursuant to this
subsection shall be carried out through the execution of a
cooperative agreement, which shall contain such terms and
conditions as the Secretary determines to be necessary in the
public interest.
(d) Services of Volunteers.--Chapter IV of title I of Public Law
98-63 (33 U.S.C. 569c) is amended in the first sentence by inserting
``, including expenses relating to uniforms, transportation, lodging,
and the subsistence of those volunteers,'' after ``incidental
expenses''.
(e) Training and Educational Activities.--Section 213(a) of the
Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by
striking ``at'' and inserting ``about''.

2ca01f80646a68b4e19cc3b70111c17a7c3ddb186196030f7420d318fc8b4016

RECREATIONAL LANDS PASS PROGRAM.
The Secretary may participate in the America the Beautiful National
Parks and Federal Recreational Lands Pass program in the same manner as
the National Park Service, the Bureau of Land Management, the United
States Fish and Wildlife Service, the Forest Service, and the Bureau of
Reclamation, including the provision of free annual passes to active
duty military personnel and dependents.

49336182f0d5375302ae77ff35395a28e586201877e59d48a4914bc3233a958f

COUNTERMEASURE RULE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Farm.--The term ``farm'' has the meaning given the term in
section 112.2 of title 40, Code of Federal Regulations (or
successor regulations).
(3) Gallon.--The term ``gallon'' means a United States gallon.
(4) Oil.--The term ``oil'' has the meaning given the term in
section 112.2 of title 40, Code of Federal Regulations (or
successor regulations).
(5) Oil discharge.--The term ``oil discharge'' has the meaning
given the term ``discharge'' in section 112.2 of title 40, Code of
Federal Regulations (or successor regulations).
(6) Reportable oil discharge history.--
(A) In general.--Subject to subparagraph (B), the term
``reportable oil discharge history'' means a single oil
discharge, as described in section 112.1(b) of title 40, Code
of Federal Regulations (including successor regulations), that
exceeds 1,000 gallons or 2 oil discharges, as described in
section 112.1(b) of title 40, Code of Federal Regulations
(including successor regulations), that each exceed 42 gallons
within any 12-month period--
(i) in the 3 years prior to the certification date of
the Spill Prevention, Control, and Countermeasure plan (as
described in section 112.3 of title 40, Code of Federal
Regulations (including successor regulations); or
(ii) since becoming subject to part 112 of title 40,
Code of Federal Regulations, if the facility has been in
operation for less than 3 years.
(B) Exclusions.--The term ``reportable oil discharge
history'' does not include an oil discharge, as described in
section 112.1(b) of title 40, Code of Federal Regulations
(including successor regulations), that is the result of a
natural disaster, an act of war, or terrorism.
(7) Spill prevention, control, and countermeasure rule.--The
term ``Spill Prevention, Control, and Countermeasure rule'' means
the regulation, including amendments, promulgated by the
Administrator under part 112 of title 40, Code of Federal
Regulations (or successor regulations).
(b) Certification.--In implementing the Spill Prevention, Control,
and Countermeasure rule with respect to any farm, the Administrator
shall--
(1) require certification by a professional engineer for a farm
with--
(A) an individual tank with an aboveground storage capacity
greater than 10,000 gallons;
(B) an aggregate aboveground storage capacity greater than
or equal to 20,000 gallons; or
(C) a reportable oil discharge history; or
(2) allow certification by the owner or operator of the farm
(via self-certification) for a farm with--
(A) an aggregate aboveground storage capacity less than
20,000 gallons and greater than the lesser of--
(i) 6,000 gallons; and
(ii) the adjustment quantity established under
subsection (d)(2); and
(B) no reportable oil discharge history; and
(3) not require compliance with the rule by any farm--
(A) with an aggregate aboveground storage capacity greater
than 2,500 gallons and less than the lesser of--
(i) 6,000 gallons; and
(ii) the adjustment quantity established under
subsection (d)(2); and
(B) no reportable oil discharge history; and
(4) not require compliance with the rule by any farm with an
aggregate aboveground storage capacity of less than 2,500 gallons.
(c) Calculation of Aggregate Aboveground Storage Capacity.--For
purposes of subsection (b), the aggregate aboveground storage capacity
of a farm excludes--
(1) all containers on separate parcels that have a capacity
that is 1,000 gallons or less; and
(2) all containers holding animal feed ingredients approved for
use in livestock feed by the Commissioner of Food and Drugs.
(d) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with the
Secretary of Agriculture, shall conduct a study to determine the
appropriate exemption under paragraphs (2) and (3) of subsection
(b), which shall be not more than 6,000 gallons and not less than
2,500 gallons, based on a significant risk of discharge to water.
(2) Adjustment.--Not later than 18 months after the date on
which the study described in paragraph (1) is complete, the
Administrator, in consultation with the Secretary of Agriculture,
shall promulgate a rule to adjust the exemption levels described in
paragraphs (2) and (3) of subsection (b) in accordance with the
study.

dca1ac38a78a76ae6a989f01db0a74803b2c8b6dd927f6f994aa5f17b8085135

(a) 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
Senate and the House of Representatives, to recognize the contributions
of Donald G. Waldon, whose selfless determination and tireless work,
while serving as administrator of the Tennessee-Tombigbee Waterway for
21 years, contributed greatly to the realization and success of the
Tennessee-Tombigbee Waterway Development Compact, that the lock and dam
located at mile 357.5 on the Tennessee-Tombigbee Waterway should be
known and designated as the ``Donald G. Waldon Lock and Dam''.
(b) Redesignation of Lower Mississippi River Museum and Riverfront
Interpretive Site.--
(1) In general.--Section 103(c)(1) of the Water Resources
Development Act of 1992 (106 Stat. 4811) is amended by striking
``Lower Mississippi River Museum and Riverfront Interpretive Site''
and inserting ``Jesse Brent Lower Mississippi River Museum and
Riverfront Interpretive Site''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the museum
and interpretive site referred to in paragraph (1) shall be deemed
to be a reference to the ``Jesse Brent Lower Mississippi River
Museum and Riverfront Interpretive Site''.
(c) Jerry F. Costello Lock and Dam.--
(1) Redesignation.--The lock and dam located in Modoc,
Illinois, authorized by the Act of July 3, 1930 (46 Stat. 927), and
commonly known as the Kaskaskia Lock and Dam, is redesignated as
the ``Jerry F. Costello Lock and Dam''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the lock
and dam referred to in section 1 shall be deemed to be a reference
to the ``Jerry F. Costello Lock and Dam''.

2c7fbcb6c23a378d124120e2cbd145dde74f88d73089e7f2dc88503652f3e2bc

(a) Water Supply.--Section 301 of the Water Supply Act of 1958 (43
U.S.C. 390b) (as amended by section 1046(d)) is amended by adding at
the end the following:
``(f) The Committees of jurisdiction are very concerned about the
operation of projects in the Apalachicola-Chattahoochee-Flint River
System and the Alabama-Coosa-Tallapoosa River System, and further, the
Committees of jurisdiction recognize that this ongoing water resources
dispute raises serious concerns related to the authority of the
Secretary of the Army to allocate substantial storage at projects to
provide local water supply pursuant to the Water Supply Act of 1958
absent congressional approval. Interstate water disputes of this nature
are more properly addressed through interstate water agreements that
take into consideration the concerns of all affected States including
impacts to other authorized uses of the projects, water supply for
communities and major cities in the region, water quality, freshwater
flows to communities, rivers, lakes, estuaries, and bays located
downstream of projects, agricultural uses, economic development, and
other appropriate concerns. To that end, the Committees of jurisdiction
strongly urge the Governors of the affected States to reach agreement
on an interstate water compact as soon as possible, and we pledge our
commitment to work with the affected States to ensure prompt
consideration and approval of any such agreement. Absent such action,
the Committees of jurisdiction should consider appropriate legislation
to address these matters including any necessary clarifications to the
Water Supply Act of 1958 or other law. This subsection does not alter
existing rights or obligations under law.''.
(b) Sense of Congress Regarding Interstate Water Agreements and
Compacts.--
(1) Findings.--Congress finds the following:
(A) States and local interests have primary responsibility
for developing water supplies for domestic, municipal,
industrial, and other purposes.
(B) The Federal Government cooperates with States and local
interests in developing water supplies through the
construction, maintenance, and operation of Federal water
resources development projects.
(C) Interstate water disputes are most properly addressed
through interstate water agreements or compacts that take into
consideration the concerns of all affected States.
(2) Sense of congress.--It is the sense of Congress that--
(A) Congress and the Secretary should urge States to reach
agreement on interstate water agreements and compacts;
(B) at the request of the Governor of a State, the
Secretary should facilitate and assist in the development of an
interstate water agreement or compact;
(C) Congress should provide prompt consideration of
interstate water agreements and compacts; and
(D) the Secretary should adopt policies and implement
procedures for the operation of reservoirs of the Corps of
Engineers that are consistent with interstate water agreements
and compacts.

7a1608e5b1e0d2332bd5c112f62e661dfd6f791d8cac2e9b63801149a9a83987

BILLS.
It is the sense of Congress that, because the missions of the Corps
of Engineers are unique and benefit all individuals in the United
States and because water resources development projects are critical to
maintaining economic prosperity, national security, and environmental
protection, Congress should consider a water resources development bill
not less than once every Congress.
Subtitle A--Inland Waterways

6e48b76a0295d28e828b2cd55885d83f83f1ec32082d91339a40b8fe7c6050ee

In this title:
(1) Inland waterways trust fund.--The term ``Inland Waterways
Trust Fund'' means the Inland Waterways Trust Fund established by
section 9506(a) of the Internal Revenue Code of 1986.
(2) Qualifying project.--The term ``qualifying project'' means
any construction or major rehabilitation project for navigation
infrastructure of the inland and intracoastal waterways that is--
(A) authorized before, on, or after the date of enactment
of this Act;
(B) not completed on the date of enactment of this Act; and
(C) funded at least in part from the Inland Waterways Trust
Fund.

e4dd7d1e3760b4a04593e05aa7b78e321c5d769e2dc60eda7a79ca75437e5349

(a) Requirements for Qualifying Projects.--With respect to each
qualifying project, the Secretary shall require--
(1) for each project manager, that--
(A) the project manager have formal project management
training and certification; and
(B) the project manager be assigned from among personnel
certified by the Chief of Engineers; and
(2) for an applicable cost estimation, that--
(A) the Secretary utilize a risk-based cost estimate with a
confidence level of at least 80 percent; and
(B) the cost estimate be developed--
(i) for a qualifying project that requires an increase
in the authorized amount in accordance with section 902 of
the Water Resources Development Act of 1986 (33 U.S.C.
2280), during the preparation of a post-authorization
change report or other similar decision document;
(ii) for a qualifying project for which the first
construction contract has not been awarded, prior to the
award of the first construction contract;
(iii) for a qualifying project without a completed
feasibility report in accordance with section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282),
prior to the completion of such a report; and
(iv) for a qualifying project with a completed
feasibility report in accordance with section 905 of the
Water Resources Development Act of 1986 (33 U.S.C. 2282)
that has not yet been authorized, during design for the
qualifying project.
(b) 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, incorporating the use of a
center of expertise for the design and review of qualifying
projects;
(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 Users Board.--Section 302 of the Water
Resources Development Act of 1986 (33 U.S.C. 2251) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Duties of Users Board.--
``(1) In general.--The Users Board shall meet not less
frequently than semiannually to develop and make recommendations to
the Secretary and Congress regarding the inland waterways and
inland harbors of the United States.
``(2) Advice and recommendations.--For commercial navigation
features and components of the inland waterways and inland harbors
of the United States, the Users Board shall provide--
``(A) prior to the development of the budget proposal of
the President for a given fiscal year, advice and
recommendations to the Secretary regarding construction and
rehabilitation priorities and spending levels;
``(B) advice and recommendations to Congress regarding any
feasibility report for a project on the inland waterway system
that has been submitted to Congress pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014;
``(C) advice and recommendations to Congress regarding an
increase in the authorized cost of those features and
components;
``(D) 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 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 frequently than once each quarter to
the Users Board the status of the study, design, or construction of
all commercial navigation features or components of the inland
waterways or inland harbors of the United States; and
``(2) 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 and make publicly available a
strategic review of the 20-year program in effect under this
subsection, which shall identify and explain any changes to the
project-specific recommendations contained in the previous 20-
year program (including any changes to the prioritization
criteria used to develop the updated recommendations); and
``(B) make revisions to the program, as appropriate.
``(e) Project Management Plans.--The chairperson of the Users Board
and the project development team member appointed by the chairperson
under subsection (b)(3) may sign the project management plan for the
qualifying project or the study or design of a commercial navigation
feature or component of the inland waterways and inland harbors of the
United States.
``(f) Administration.--
``(1) In general.--The Users Board shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), other than section
14, and, with the consent of the appropriate agency head, the Users
Board may use the facilities and services of any Federal agency.
``(2) Members not considered special government employees.--For
the purposes of complying with the Federal Advisory Committee Act
(5 U.S.C. App.), the members of the Users Board shall not be
considered special Government employees (as defined in section 202
of title 18, United States Code).
``(3) Travel expenses.--Non-Federal members of the Users Board
while engaged in the performance of their duties away from their
homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized
by section 5703 of title 5, United States Code.''.

da045bcd98a03808d4919169c906cc57ad632f2e7169d2ee29421bc35e4f5464

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.

05542affd9f8fa536b20287b4b62a4fa22f9c86850c4805acb31efa56d40f570

(a) Inland Waterways Construction Bonds Study.--
(1) Study.--The Secretary, in coordination with the heads of
appropriate Federal agencies, shall conduct a study on the
potential benefits and implications of authorizing the issuance of
federally tax-exempt bonds secured against the available proceeds,
including projected annual receipts, in the Inland Waterways Trust
Fund established by section 9506(a) of the Internal Revenue Code of
1986.
(2) Contents.--In carrying out the study, the Secretary shall
examine the implications of issuing such bonds, including the
potential revenues that could be generated and the projected net
cost to the Treasury, including loss of potential revenue.
(3) Consultation.--In carrying out the study, the Secretary, at
a minimum, shall consult with--
(A) representatives of the Inland Waterway Users Board
established by section 302 of the Water Resources Development
Act of 1986 (33 U.S.C. 2251);
(B) representatives of the commodities and bulk cargos that
are currently shipped for commercial purposes on the segments
of the inland and intracoastal waterways listed in section 206
of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804);
(C) representatives of other users of locks and dams on the
inland and intracoastal waterways, including persons owning,
operating, using, or otherwise benefitting from--
(i) hydropower generation facilities;
(ii) electric utilities that rely on the waterways for
cooling of existing electricity generation facilities;
(iii) municipal and industrial water supply;
(iv) recreation;
(v) irrigation water supply; or
(vi) flood damage reduction; and
(D) other stakeholders associated with the inland and
intracoastal waterways, as identified by the Secretary.
(4) Report to congress.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works, the Committee on
Finance, and the Committee on the Budget of the Senate and the
Committee on Transportation and Infrastructure, the Committee
on Ways and Means, and the Committee on the Budget of the House
of Representatives, and make publicly available, a report on
the results of the study.
(B) Identification of issues.--As part of the report, the
Secretary shall identify any potential benefits or other
implications of the issuance of bonds described in subsection
(a)(1), including any potential changes in Federal or State law
that may be necessary to provide such benefits or to address
such implications.
(b) Potential Revenue Sources for Inland and Intracoastal Waterways
Infrastructure.--
(1) In general.--The Secretary shall conduct a study and submit
to Congress a report on potential revenue sources from which funds
could be collected to generate additional revenues for the Inland
Waterways Trust Fund established by section 9506(a) of the Internal
Revenue Code of 1986.
(2) Scope of study.--
(A) In general.--In carrying out the study, the Secretary
shall evaluate an array of potential revenue sources from which
funds could be collected in amounts that, when combined with
funds generated by section 4042 of the Internal Revenue Code of
1986, are sufficient to support one-half of annual construction
expenditure levels of $380,000,000 for the authorized purposes
of the Inland Waterways Trust Fund.
(B) Potential revenue sources for study.--In carrying out
the study, the Secretary, at a minimum, shall--
(i) evaluate potential revenue sources identified in
and documented by known authorities of the Inland Waterways
System; and
(ii) review appropriate reports and associated
literature related to revenue sources.
(3) Conduct of study.--In carrying out the study, the Secretary
shall--
(A) take into consideration whether the potential revenues
from other sources--
(i) are equitably associated with the construction,
operation, and maintenance of inland and intracoastal
waterway infrastructure, including locks, dams, and
navigation channels; and
(ii) can be efficiently collected;
(B) consult with, at a minimum--
(i) representatives of the Inland Waterways Users
Board; and
(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 to the
Committee on Environment and Public Works, the Committee on
Finance, and the Committee on the Budget of the Senate and the
Committee on Transportation and Infrastructure, the Committee on
Ways and Means, and the Committee on the Budget of the House of
Representatives, and make publicly available, a report on the
results of the study.

fd7947d8beda501c5ed75c9994828548bba09310c39da6020fee6a256957dbdb

(a) In General.--The Secretary shall conduct an inland waterways
stakeholder roundtable to provide for a review and evaluation of issues
related to financial management of the inland and intracoastal
waterways.
(b) Selection of Participants.--
(1) In general.--Not later than 45 days after the date on which
the Secretary submits to Congress the report required by section
2004(b), the Secretary, in consultation with the Inland Waterways
Users Board, shall select individuals to be invited to participate
in the stakeholder roundtable.
(2) Composition.--The individuals selected under paragraph (1)
shall include--
(A) representatives of the primary users, shippers, and
suppliers utilizing the inland and intracoastal waterways for
commercial purposes;
(B) representatives of State and Federal agencies having a
direct and substantial interest in the commercial use of the
inland and intracoastal waterways;
(C) representatives of other nonnavigation beneficiaries of
the inland and intracoastal waterways infrastructure, including
individuals benefitting from--
(i) municipal water supply;
(ii) hydropower;
(iii) recreation;
(iv) industrial water supply;
(v) flood damage reduction;
(vi) agricultural water supply;
(vii) environmental restoration;
(viii) local and regional economic development; or
(ix) local real estate interests; and
(D) other interested individuals with significant financial
and engineering expertise and direct knowledge of the inland
and coastal waterways.
(c) Framework and Agenda.--The Secretary shall work with a group of
the individuals selected under subsection (b) to develop the framework
and agenda for the stakeholder roundtable.
(d) Conduct of Stakeholder Roundtable.--
(1) In general.--Not later than 120 days after the date on
which the Secretary submits to Congress the report required by
section 2004(b), the Secretary shall conduct the stakeholder
roundtable.
(2) Issues to be discussed.--The stakeholder roundtable shall
provide for the review and evaluation described in subsection (a)
and shall include the following:
(A) An evaluation of any recommendations that have been
developed to address funding options for the inland and coastal
waterways, including any recommendations in the report required
under section 2004(b).
(B) An evaluation of the funding status of the inland and
coastal waterways.
(C) Identification and evaluation of the ongoing and
projected water infrastructure needs of the inland and coastal
waterways.
(D) Identification of a process for meeting such needs,
with timeline for addressing the funding challenges for the
Inland Waterways Trust Fund.
(e) Report to Congress.--Not later than 180 days after the date on
which the Secretary submits to Congress the report required by section
2004(b), the Secretary shall submit to Congress and make publicly
available a report that contains--
(1) a summary of the stakeholder roundtable, including areas of
concurrence on funding approaches and areas of disagreement in
meeting funding needs; and
(2) recommendations developed by the Secretary for next steps
to address the issues discussed at the stakeholder roundtable.

5b1f7014171304f1aeffc033cc76196fc0791c8512a4f2a075a2c701f8a37d43

(a) Olmsted Project Reform.--
(1) Definition of olmsted project.--In this subsection, the
term ``Olmsted Project'' means the project for navigation, Lower
Ohio River, Locks and Dams 52 and 53, Illinois and Kentucky,
authorized by section 3(a)(6) of the Water Resources Development
Act of 1988 (102 Stat. 4013).
(2) Olmsted project reform.--Notwithstanding section 3(a)(6) of
the Water Resources Development Act of 1988 (102 Stat. 4013), for
each fiscal year beginning after September 30, 2014, 15 percent of
the cost of construction for the Olmsted Project shall be paid from
amounts appropriated from the Inland Waterways Trust Fund.
(3) Sense of congress.--It is the sense of Congress that the
appropriation for the Olmsted Project should be not less than
$150,000,000 for each fiscal year until construction of the project
is completed.
(4) Rehabilitation of projects.--Section 205(1)(E)(ii) of the
Water Resources Development Act of 1992 (33 U.S.C. 2327(1)(E)(ii))
is amended by striking ``$8,000,000'' and inserting
``$20,000,000''.

8d77f5b5361ec86b127fc94fc3f08c1f04966a077f5db580b75e1f7aac2f0689

(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make publicly
available a report regarding the lessons learned from the experience of
planning and constructing the Olmsted Project and how such lessons
might apply to future inland waterway studies and projects.
(b) Annual Financial Review.--For any inland waterways project that
the Secretary carries out that has an estimated total cost of
$500,000,000 or more, the Secretary shall submit to the congressional
committees referred to in subsection (a) an annual financial plan for
the project. The plan shall be based on detailed annual estimates of
the cost to complete the remaining elements of the project and on
reasonable assumptions, as determined by the Secretary, of any future
increases of the cost to complete the project.
(c) Government Accountability Office Report.--As soon as
practicable after the date of enactment of this Act, the Comptroller
General of the United States shall conduct, and submit to Congress a
report describing the results of, a study to determine why, and to what
extent, the project for navigation, Lower Ohio River, Locks and Dams 52
and 53, Illinois and Kentucky (commonly known as the ``Olmsted Locks
and Dam project''), authorized by section 3(a)(6) of the Water
Resources Development Act of 1988 (102 Stat. 4013), has exceeded the
budget for the project and the reasons why the project failed to be
completed as scheduled, including an assessment of--
(1) engineering methods used for the project;
(2) the management of the project;
(3) contracting for the project;
(4) the cost to the United States of benefits foregone due to
project delays; and
(5) such other contributory factors as the Comptroller General
determines to be appropriate.

89cf6db018cfdea5b8178f81fc83ddcc60c810cd7889a6a1249a4dcf427d14bb

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
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) for subsistence and ceremonial
purposes.
(4) Use as ingress and egress to harbors of refuge.
(5) Transportation of persons.
(6) Purposes relating to domestic energy production, including
fabrication, servicing, and supply of domestic offshore energy
production facilities.
(7) Activities of the Secretary of the department in which the
Coast Guard is operating.
(8) Public health and safety related equipment for responding
to coastal and inland emergencies.
(9) Recreation purposes.
(10) Any other authorized purpose.
(c) Report to Congress.--For fiscal year 2015, and biennially
thereafter, in conjunction with the annual budget submission by the
President to Congress under section 1105(a) of title 31, United States
Code, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make publicly
available a report that, with respect to the Atlantic Intracoastal
Waterway and the Gulf Intracoastal Waterway--
(1) identifies the operation and maintenance costs required to
achieve the authorized length, width, and depth;
(2) identifies the amount of funding requested in the
President's budget for operation and maintenance costs; and
(3) identifies the unmet operation and maintenance needs of the
Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.

bef3019b31a45db59b465ba900125a776ae3b2f72f1c1ad8a447f2e86ddce485

(a) In General.--Not later than 1 year after the date of enactment
of this Act, and biennially thereafter, the Secretary shall conduct a
study to determine the feasibility of--
(1) carrying out projects for the inland and intracoastal
waterways for purposes of--
(A) flood damage reduction;
(B) emergency streambank and shoreline protection; and
(C) prevention and mitigation of shore damages attributable
to navigation improvements; and
(2) modifying projects for the inland and intracoastal
waterways for the purpose of improving the quality of the
environment.
(b) Recommendations.--In conducting the study, the Secretary shall
develop specific project recommendations and prioritize those
recommendations based on--
(1) the extent of damage and land loss resulting from riverbank
erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public
property, public infrastructure, or public safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
(c) Disposition.--The Secretary may carry out any project
identified in the study conducted pursuant to subsection (a) in
accordance with the criteria for projects carried out under one of the
following authorities:
(1) Section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(2) Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(3) Section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i).
(4) Section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a).
(d) Annual Report.--For a project recommended pursuant to the study
that cannot be carried out under any of the authorities specified in
subsection (c), upon a determination by the Secretary of the
feasibility of the project, the Secretary may include a recommendation
concerning the project in the annual report submitted to Congress under
section 7001.

68059973ff08f83b4550de55f61a2f510f04cecfeb82ed8cc8f142c158b37c52

(a) Definition of Upper St. Anthony Falls Lock and Dam.--In this
section, the term ``Upper St. Anthony Falls Lock and Dam'' means the
lock and dam located on Mississippi River Mile 853.9 in Minneapolis,
Minnesota.
(b) Mandatory Closure.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall close the Upper St. Anthony
Falls Lock and Dam.
(c) Emergency Operations.--Nothing in this section prevents the
Secretary from carrying out emergency lock operations necessary to
mitigate flood damage.

d7dffd04fe88450d59b5f158d9576bbff08c95db20f60851b508dcfee3a1c5c7

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.''.

da0c02cb5ad3cadb9ab7789ee9e30f4a91726fccb0ee2dd740c6083cf0a1ae8a

Section 2 of the Freedom to Fish Act (127 Stat. 449) is amended--
(1) in subsection (b)(1) by striking ``2 years after the date
of enactment of this Act'' and inserting ``4 years after the date
of enactment of the Water Resources Reform and Development Act of
2014'';
(2) in the heading of subsection (c) by inserting ``or
Modified'' after ``New''; and
(3) in subsection (c)--
(A) in matter preceding paragraph (1) by inserting ``new or
modified'' after ``establishes any''; and
(B) in paragraph (3) by striking ``2 years after the date
of enactment of this Act'' and inserting ``4 years after the
date of enactment of the Water Resources Reform and Development
Act of 2014''.

80db7953c87baf63505d85b0445e19eaccf6ef70d402a6ba8b9d301b4cc60267

Section 102 of the Water Resources Development Act of 1986 (33
U.S.C. 2212) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Floodgates on the Inland Waterways.--
``(1) Operation and maintenance carried out by the secretary.--
Notwithstanding any other provision of law, the Secretary shall be
responsible for the operation and maintenance, including repair, of
any flood gate, as well as any pumping station constructed within
the channel as a single unit with that flood gate, that--
``(A) was constructed as of the date of enactment of the
Water Resources Reform and Development Act of 2014 as a feature
of an authorized hurricane and storm damage reduction project;
and
``(B) crosses an inland or intracoastal waterway described
in section 206 of the Inland Waterways Revenue Act of 1978 (33
U.S.C. 1804).
``(2) Non-federal cost share.--The non-Federal share of the
cost of operation, maintenance, repair, rehabilitation, and
replacement of any structure under this subsection shall be 35
percent.''.
Subtitle B--Port and Harbor Maintenance

39c86f99800458e2794ccfb18949030ff504a6850d94692ddfc85e2adaa2cff0

(a) Definitions.--In this section:
(1) Total amount of harbor maintenance taxes received.--The
term ``total amount of harbor maintenance taxes received'' means,
with respect to a fiscal year, the aggregate of amounts
appropriated, transferred, or credited to the Harbor Maintenance
Trust Fund under section 9505(a) of the Internal Revenue Code of
1986 for that fiscal year as set forth in the current year estimate
provided in the President's budget request for the subsequent
fiscal year, submitted pursuant to section 1105 of title 31, United
States Code.
(2) Total budget resources.--The term ``total budget
resources'' means the total amount made available by appropriations
Acts from the Harbor Maintenance Trust Fund for a fiscal year for
making expenditures under section 9505(c) of the Internal Revenue
Code of 1986.
(b) Target Appropriations.--
(1) In general.--The target total budget resources made
available to the Secretary from the Harbor Maintenance Trust Fund
for a fiscal year shall be not less than the following:
(A) For fiscal year 2015, 67 percent of the total amount of
harbor maintenance taxes received in fiscal year 2014.
(B) For fiscal year 2016, 69 percent of the total amount of
harbor maintenance taxes received in fiscal year 2015.
(C) For fiscal year 2017, 71 percent of the total amount of
harbor maintenance taxes received in fiscal year 2016.
(D) For fiscal year 2018, 74 percent of the total amount of
harbor maintenance taxes received in fiscal year 2017.
(E) For fiscal year 2019, 77 percent of the total amount of
harbor maintenance taxes received in fiscal year 2018.
(F) For fiscal year 2020, 80 percent of the total amount of
harbor maintenance taxes received in fiscal year 2019.
(G) For fiscal year 2021, 83 percent of the total amount of
harbor maintenance taxes received in fiscal year 2020.
(H) For fiscal year 2022, 87 percent of the total amount of
harbor maintenance taxes received in fiscal year 2021.
(I) For fiscal year 2023, 91 percent of the total amount of
harbor maintenance taxes received in fiscal year 2022.
(J) For fiscal year 2024, 95 percent of the total amount of
harbor maintenance taxes received in fiscal year 2023.
(K) For fiscal year 2025, and each fiscal year thereafter,
100 percent of the total amount of harbor maintenance taxes
received in the previous fiscal year.
(2) Use of amounts.--The total budget resources described in
paragraph (1) may be used only for making expenditures under
section 9505(c) of the Internal Revenue Code of 1986.
(c) Impact on Other Funds.--
(1) Sense of congress.--It is the sense of Congress that any
increase in funding for harbor maintenance programs under this
section shall result from an overall increase in appropriations for
the civil works program of the Corps of Engineers and not from
reductions in the appropriations for other programs, projects, and
activities carried out by the Corps of Engineers for other
authorized purposes.
(2) Application.--The target total budget resources for a
fiscal year specified in subsection (b)(1) shall only apply in a
fiscal year for which the level of appropriations provided for the
civil works program of the Corps of Engineers in that fiscal year
is increased, as compared to the previous fiscal year, by a dollar
amount that is at least equivalent to the dollar amount necessary
to address such target total budget resources in that fiscal year.

b5e05d5d5d1498d28c157707ee1499893cda65116ed8368f8c6c194d584f5e1c

(a) In General.--Section 210 of the Water Resources Development Act
of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:
``(c) Operation and Maintenance of Harbor Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall make expenditures to pay for operation and
maintenance costs of the harbors and inland harbors referred to in
subsection (a)(2), including expenditures of funds appropriated
from the Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland harbors.
``(2) Criteria.--
``(A) In general.--In determining an equitable allocation
of funds under paragraph (1), the Secretary shall--
``(i) consider the information obtained in the
assessment conducted under subsection (e);
``(ii) consider the national and regional significance
of harbor operations and maintenance; and
``(iii) as appropriate, consider national security and
military readiness needs.
``(B) Limitation.--The Secretary shall not allocate funds
under paragraph (1) based solely on the tonnage transiting
through a harbor.
``(3) Emerging harbor projects.--Notwithstanding any other
provision of this subsection, in making expenditures under
paragraph (1) for each of fiscal years 2015 through 2022, the
Secretary shall allocate for operation and maintenance costs of
emerging harbor projects an amount that is not less than 10 percent
of the funds made available under this section for fiscal year 2012
to pay the costs described in subsection (a)(2).
``(4) Management of great lakes navigation system.--To sustain
effective and efficient operation and maintenance of the Great
Lakes Navigation System, including any navigation feature in the
Great Lakes that is a Federal responsibility with respect to
operation and maintenance, the Secretary shall manage all of the
individually authorized projects in the Great Lakes Navigation
System as components of a single, comprehensive system, recognizing
the interdependence of the projects.
``(d) Prioritization.--
``(1) Priority.--
``(A) In general.--For each of fiscal years 2015 through
2024, if priority funds are available, the Secretary shall use
the priority funds as follows:
``(i) 90 percent of the priority funds shall be used
for high- and moderate-use harbor projects.
``(ii) 10 percent of the priority funds shall be used
for emerging harbor projects.
``(B) Additional considerations.--For each of fiscal years
2015 through 2024, of the priority funds available, the
Secretary shall use--
``(i) not less than 5 percent of such funds for
underserved harbor projects; and
``(ii) not less than 10 percent of such funds for
projects that are located within the Great Lakes Navigation
System.
``(C) Underserved harbors.--In determining which
underserved harbor projects shall receive funds under this
paragraph, the Secretary shall consider--
``(i) the total quantity of commerce supported by the
water body on which the project is located; and
``(ii) the minimum width and depth that--
``(I) would be necessary at the underserved harbor
project to provide sufficient clearance for fully
loaded commercial vessels using the underserved harbor
project to maneuver safely; and
``(II) does not exceed the constructed width and
depth of the authorized navigation project.
``(2) Expanded uses.--
``(A) Definition of eligible harbor or inland harbor
defined.--In this paragraph, the term `eligible harbor or
inland harbor' means a harbor or inland harbor at which the
total amount of harbor maintenance taxes collected in the
immediately preceding 3 fiscal years exceeds the value of the
work carried out for the harbor or inland harbor using amounts
from the Harbor Maintenance Trust Fund during those 3 fiscal
years.
``(B) Use of expanded uses funds.--
``(i) Fiscal years 2015 through 2024.--For each of
fiscal years 2015 through 2024, of the priority funds
available, the Secretary shall use not less than 10 percent
of such funds for expanded uses carried out at an eligible
harbor or inland harbor.
``(ii) Subsequent fiscal years.--For fiscal year 2025
and each fiscal year thereafter, the Secretary shall use
not less than 10 percent of the priority funds available
for expanded uses carried out at an eligible harbor or
inland harbor.
``(C) Prioritization.--In allocating funds under this
paragraph, the Secretary shall give priority to projects at
eligible harbors or inland harbors for which the difference,
calculated in dollars, is greatest between--
``(i) the total amount of funding made available for
projects at that eligible harbor or inland harbor from the
Harbor Maintenance Trust Fund in the immediately preceding
3 fiscal years; and
``(ii) the total amount of harbor maintenance taxes
collected at that harbor or inland harbor in the
immediately preceding 3 fiscal years.
``(3) Remaining funds.--
``(A) In general.--For each of fiscal years 2015 through
2024, if after fully funding all projects eligible for funding
under paragraphs (1)(B) and (2)(B)(i), priority funds made
available under those paragraphs remain unobligated, the
Secretary shall use those remaining funds to pay for operation
and maintenance costs of any harbor or inland harbor referred
to in subsection (a)(2) based on an equitable allocation of
those funds among the harbors and inland harbors.
``(B) Criteria.--In determining an equitable allocation of
funds under subparagraph (A), the Secretary shall--
``(i) use the criteria specified in subsection
(c)(2)(A); and
``(ii) make amounts available in accordance with the
requirements of paragraph (1)(A).
``(4) Emergency expenditures.--Nothing in this subsection
prohibits the Secretary from making an expenditure to pay for the
operation and maintenance costs of a specific harbor or inland
harbor, including the transfer of funding from the operation and
maintenance of a separate project, if--
``(A) the Secretary determines that the action is necessary
to address the navigation needs of a harbor or inland harbor
where safe navigation has been severely restricted due to an
unforeseen event; and
``(B) the Secretary provides within 90 days of the action
notice and information on the need for the action to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives.
``(e) Assessment of Harbors and Inland Harbors.--
``(1) In general.--Not later than 270 days after the date of
enactment of this subsection, and biennially thereafter, the
Secretary shall assess the operation and maintenance needs and uses
of the harbors and inland harbors referred to in subsection (a)(2).
``(2) Assessment of harbor needs and activities.--
``(A) Total operation and maintenance needs of harbors.--In
carrying out paragraph (1), the Secretary shall identify--
``(i) the total future costs required to achieve and
maintain the constructed width and depth for the harbors
and inland harbors referred to in subsection (a)(2); and
``(ii) the total expected costs for expanded uses at
eligible harbors or inland harbors referred to in
subsection (d)(2).
``(B) Uses of harbors and inland harbors.--In carrying out
paragraph (1), the Secretary shall identify current uses (and,
to the extent practicable, assess the national, regional, and
local benefits of such uses) of harbors and inland harbors
referred to in subsection (a)(2), including the use of those
harbors for--
``(i) commercial navigation, including the movement of
goods;
``(ii) domestic trade;
``(iii) international trade;
``(iv) commercial fishing;
``(v) subsistence, including use by Indian tribes (as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)) for subsistence
and ceremonial purposes;
``(vi) use as a harbor of refuge;
``(vii) transportation of persons;
``(viii) purposes relating to domestic energy
production, including the fabrication, servicing, or supply
of domestic offshore energy production facilities;
``(ix) activities of the Secretary of the department in
which the Coast Guard is operating;
``(x) activities of the Secretary of the Navy;
``(xi) public health and safety related equipment for
responding to coastal and inland emergencies;
``(xii) recreation purposes; and
``(xiii) other authorized purposes.
``(3) Report to congress.--
``(A) In general.--For fiscal year 2016, and biennially
thereafter, in conjunction with the President's annual budget
submission to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to the Committee
on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that,
with respect to harbors and inland harbors referred to in
subsection (a)(2)--
``(i) identifies the operation and maintenance costs
associated with the harbors and inland harbors, including
those costs required to achieve and maintain the
constructed width and depth for the harbors and inland
harbors and the costs for expanded uses at eligible harbors
and inland harbors, on a project-by-project basis;
``(ii) identifies the amount of funding requested in
the President's budget for the operation and maintenance
costs associated with the harbors and inland harbors, on a
project-by-project basis;
``(iii) identifies the unmet operation and maintenance
needs associated with the harbors and inland harbors, on a
project-by-project basis; and
``(iv) identifies the harbors and inland harbors for
which the President will allocate funding over the
subsequent 5 fiscal years for operation and maintenance
activities, on a project-by-project basis, including the
amounts to be allocated for such purposes.
``(B) Public availability.--The Secretary shall make the
report submitted under subparagraph (A) available to the
public, including on the Internet.
``(f) Definitions.--In this section:
``(1) Constructed width and depth.--The term `constructed width
and depth' means the width and depth to which a project has been
constructed, which may not exceed the authorized width and depth of
the project.
``(2) Emerging harbor project.--The term `emerging harbor
project' means a project that is assigned to a harbor or inland
harbor referred to in subsection (a)(2) that transits less than
1,000,000 tons of cargo annually.
``(3) Expanded uses.--The term `expanded uses' means the
following activities:
``(A) The maintenance dredging of a berth in a harbor that
is accessible to a Federal navigation project and that benefits
commercial navigation at the harbor.
``(B) The maintenance dredging and disposal of legacy-
contaminated sediment, and sediment unsuitable for open water
disposal, if--
``(i) such dredging and disposal benefits commercial
navigation at the harbor; and
``(ii) such sediment is located in and affects the
maintenance of a Federal navigation project or is located
in a berth that is accessible to a Federal navigation
project.
``(4) Great lakes navigation system.--The term `Great Lakes
Navigation System' includes--
``(A)(i) Lake Superior;
``(ii) Lake Huron;
``(iii) Lake Michigan;
``(iv) Lake Erie; and
``(v) Lake Ontario;
``(B) all connecting waters between the lakes referred to
in subparagraph (A) used for commercial navigation;
``(C) any navigation features in the lakes referred to in
subparagraph (A) or waters described in subparagraph (B) that
are a Federal operation or maintenance responsibility; and
``(D) areas of the Saint Lawrence River that are operated
or maintained by the Federal Government for commercial
navigation.
``(5) Harbor maintenance tax.--The term `harbor maintenance
tax' means the amounts collected under section 4461 of the Internal
Revenue Code of 1986.
``(6) High-use harbor project.--The term `high-use harbor
project' means a project that is assigned to a harbor or inland
harbor referred to in subsection (a)(2) that transits not less than
10,000,000 tons of cargo annually.
``(7) Moderate-use harbor project.--The term `moderate-use
harbor project' means a project that is assigned to a harbor or
inland harbor referred to in subsection (a)(2) that transits
annually--
``(A) more than 1,000,000 tons of cargo; but
``(B) less than 10,000,000 tons of cargo.
``(8) Priority funds.--The term `priority funds' means the
difference between--
``(A) the total funds that are made available under this
section to pay the costs described in subsection (a)(2) for a
fiscal year; and
``(B) the total funds made available under this section to
pay the costs described in subsection (a)(2) in fiscal year
2012.
``(9) Underserved harbor project.--
``(A) In general.--The term `underserved harbor project'
means a project that is assigned to a harbor or inland harbor
referred to in subsection (a)(2)--
``(i) that is a moderate-use harbor project or an
emerging harbor project;
``(ii) that has been maintained at less than the
constructed width and depth of the project during each of
the preceding 6 fiscal years; and
``(iii) for which State and local investments in
infrastructure have been made at those projects during the
preceding 6 fiscal years.
``(B) Administration.--For purposes of this paragraph,
State and local investments in infrastructure shall include
infrastructure investments made using amounts made available
for activities under section 105(a)(9) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).''.
(b) Operation and Maintenance.--Section 101(b)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)) is amended by
striking ``45 feet'' and inserting ``50 feet''.
(c) Conforming Amendment.--Section 9505(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``(as in effect on the date
of the enactment of the Water Resources Development Act of 1996)''.

56bf3d71f13fb5f532605ac4062d3c8667fdb31a8b4013b1c9a13ba30ac4dae7

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 Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a list of the
grade levels and expertise of each of the personnel assigned to
the center described in subparagraph (A).''.

109db13a9854931539cc900f5a50da36d928c950c5fa7031ab1adc5f92f2b621

Section 2006 of the Water Resources Development Act of 2007 (33
U.S.C. 2242) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B) by inserting ``or Alaska'' after
``Hawaii''; and
(B) in paragraph (2)--
(i) by striking ``community'' and inserting ``region'';
and
(ii) by inserting ``, as determined by the Secretary,
including consideration of information provided by the non-
Federal interest'' after ``improvement''; and
(2) by adding at the end the following:
``(c) Prioritization.--Projects recommended by the Secretary under
subsection (a) shall be given equivalent budget consideration and
priority as projects recommended solely by national economic
development benefits.
``(d) Disposition.--
``(1) In general.--The Secretary may carry out any project
identified in the study carried out pursuant to subsection (a) in
accordance with the criteria for projects carried out under the
authority of the Secretary under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577).
``(2) Non-federal interests.--In evaluating and implementing a
project under this section, the Secretary shall allow a non-Federal
interest to participate in the financing of a project in accordance
with the criteria established for flood control projects under
section 903(c) of the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4184).
``(e) Annual Report.--For a project that cannot be carried out
under the authority specified in subsection (d), on a determination by
the Secretary of the feasibility of the project under subsection (a),
the Secretary may include a recommendation concerning the project in
the annual report submitted to Congress under section 7001.''.

cdca5beeed344c3a7ffc34af9cb12b4d4adc83dfd2575b3182d7b66f22789160

(a) In General.--The Secretary may provide technical assistance to
non-Federal public entities, including Indian tribes (as defined in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)), for the development, construction, operation, and
maintenance of channels, harbors, and related infrastructure associated
with deep draft ports for purposes of dealing with Arctic development
and security needs.
(b) Acceptance of Funds.--The Secretary is authorized to accept and
expend funds provided by non-Federal public entities, including Indian
tribes (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)), to carry out the technical
assistance activities described in subsection (a).
(c) Limitation.--No assistance may be provided under this section
until after the date on which the entity to which that assistance is to
be provided enters into a written agreement with the Secretary that
includes such terms and conditions as the Secretary determines to be
appropriate and in the public interest.
(d) Prioritization.--The Secretary shall prioritize technical
assistance provided under this section for Arctic deep draft ports
identified by the Secretary, the Secretary of Homeland Security, and
the Secretary of Defense as important for Arctic development and
security.

9ffd66fc34688e48bac93ee38d519bd0240d816efb1ab1002156514dc94e996d

PORTS.
(a) Definitions.--In this section:
(1) Cargo container.--The term ``cargo container'' means a
cargo container that is 1 Twenty-foot Equivalent Unit.
(2) Donor port.--The term ``donor port'' means a port--
(A) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulations (or a
successor regulation);
(B) at which the total amount of harbor maintenance taxes
collected comprise not less than $15,000,000 annually of the
total funding of the Harbor Maintenance Trust Fund established
under section 9505 of the Internal Revenue Code of 1986;
(C) that received less than 25 percent of the total amount
of harbor maintenance taxes collected at that port in the
previous 5 fiscal years; and
(D) that is located in a State in which more than 2,000,000
cargo containers were unloaded from or loaded on to vessels in
fiscal year 2012.
(3) Energy commodity.--The term ``energy commodity'' includes--
(A) petroleum products;
(B) natural gas;
(C) coal;
(D) wind and solar energy components; and
(E) biofuels.
(4) Energy transfer port.--The term ``energy transfer port''
means a port--
(A) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulation (or any
successor regulation); and
(B)(i) at which energy commodities comprised greater than
25 percent of all commercial activity by tonnage in fiscal year
2012; and
(ii) through which more than 40,000,000 tons of cargo were
transported in fiscal year 2012.
(5) Expanded uses.--The term ``expanded uses'' has the meaning
given the term in section 210(f) of the Water Resources Development
Act of 1986 (33 U.S.C. 2238(f)).
(6) Harbor maintenance tax.--The term ``harbor maintenance
tax'' has the meaning given the term in section 210(f) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(f)).
(b) Authority.--
(1) In general.--Subject to the availability of appropriations,
the Secretary may provide to donor ports and energy transfer ports
amounts in accordance with this section.
(2) Limitations.--Amounts provided under this section--
(A) for energy transfer ports shall be divided equally
among all States with an energy transfer port; and
(B) shall be made available to a port as either a donor
port or an energy transfer port and no port may receive amounts
as both a donor port and an energy transfer port.
(c) Use of Funds.--Amounts provided under this section may be used
by a donor port or an energy transfer port--
(1) to provide payments to importers entering cargo or shippers
transporting cargo through that port, as calculated by U.S. Customs
and Border Protection according to the amount of harbor maintenance
taxes collected;
(2) for expanded uses; or
(3) for environmental remediation related to dredging berths
and Federal navigation channels.
(d) Administration of Payments.--If a donor port or an energy
transfer port elects to provide payments to importers or shippers under
subsection (c), the Secretary shall transfer the amount that would
otherwise be provided to the port under this section that is equal to
those payments to the Commissioner of U.S. Customs and Border
Protection to provide the payments to the importers or shippers.
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall assess the impact of
the authority provided by this section and submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
and make publicly available a report on the results of that
assessment, including any recommendations for amending or
reauthorizing the authority.
(2) Factors.--In carrying out the assessment under paragraph
(1), the Secretary shall assess--
(A) the impact of the amounts provided and used under this
section on those ports that received funds under this section;
and
(B) any impact on domestic harbors and ports that did not
receive funds under this section.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years 2015
through 2018.
(2) Division between donor ports and energy transfer ports.--
For each fiscal year, amounts made available to carry out this
section shall be provided in equal amounts to donor ports and
energy transfer ports.
(3) Additional appropriations.--If the target total budget
resources under subparagraphs (A) through (D) of section 2101(b)(1)
are met for each of fiscal years 2015 through 2018, there is
authorized to be appropriated to carry out this section $50,000,000
for each of fiscal years 2019 through 2022.

7d84c11a5b7ad2cd16b970f12c8e7110c6b78b372ba9089f54133a884876ae72

(a) In General.--Upon a request from a non-Federal interest, the
Secretary shall review a report developed by the non-Federal interest
that provides an economic justification for Federal investment in the
operation and maintenance of a federally authorized harbor or inland
harbor (referred to in this section as a ``federally authorized
harbor'').
(b) Justification of Investment.--A report submitted under
subsection (a) may provide for an economic justification of Federal
investment in the operation and maintenance of a federally authorized
harbor based on--
(1) the projected economic benefits, including transportation
savings and job creation; and
(2) other factors, including navigation safety, national
security, and sustainability of subsistence harbors.
(c) Written Response.--Not later than 180 days after the date on
which the Secretary receives a report under subsection (a), the
Secretary shall provide to the non-Federal interest a written response
to the report, including an assessment of the information provided by
the non-Federal interest.
(d) Prioritization.--As the Secretary determines to be appropriate,
the Secretary may use the information provided in the report under
subsection (a) to justify additional operation and maintenance funding
for a federally authorized harbor in accordance with section 101(b) of
the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)).
(e) Limitation on Statutory Construction.--Nothing in this section
may be construed to preclude the operation and maintenance of a
federally authorized harbor under section 101(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(b)).
Subtitle A--Dam Safety

133c9035e4239f5f18f46c74659deaeacedf2194449b52891ea3824f13e6c953

(a) Administrator.--
(1) In general.--The National Dam Safety Program Act (33 U.S.C.
467 et seq.) is amended by striking ``Director'' each place it
appears and inserting ``Administrator''.
(2) Conforming amendment.--Section 2 of the National Dam Safety
Program Act (33 U.S.C. 467) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(C) by inserting before paragraph (2) (as redesignated by
subparagraph (B)) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.''.
(b) Inspection of Dams.--Section 3(b)(1) of the National Dam Safety
Program Act (33 U.S.C. 467a(b)(1)) is amended by striking ``or
maintenance'' and inserting ``maintenance, condition, or provisions for
emergency operations''.
(c) National Dam Safety Program.--
(1) Objectives.--Section 8(c) of the National Dam Safety
Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph
(4) and inserting the following:
``(4) develop and implement a comprehensive dam safety hazard
education and public awareness initiative to assist the public in
preparing for, mitigating, responding to, and recovering from dam
incidents;''.
(2) Board.--Section 8(f)(4) of the National Dam Safety Program
Act (33 U.S.C. 467f(f)(4)) is amended by inserting ``,
representatives from nongovernmental organizations,'' after ``State
agencies''.
(d) Public Awareness and Outreach for Dam Safety.--The National Dam
Safety Program Act (33 U.S.C. 467 et seq.) is amended--
(1) by redesignating sections 11, 12, and 13 as sections 12,
13, and 14, respectively; and
(2) by inserting after section 10 (33 U.S.C. 467g-1) the
following:
``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.
``The Administrator, in consultation with other Federal agencies,
State and local governments, dam owners, the emergency management
community, the private sector, nongovernmental organizations and
associations, institutions of higher education, and any other
appropriate entities shall, subject to the availability of
appropriations, carry out a nationwide public awareness and outreach
initiative to assist the public in preparing for, mitigating,
responding to, and recovering from dam incidents.''.
(e) Authorization of Appropriations.--
(1) National dam safety program.--
(A) Annual amounts.--Section 14(a)(1) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated)
is amended by striking ``$6,500,000'' and all that follows
through ``2011'' and inserting ``$9,200,000 for each of fiscal
years 2015 through 2019''.
(B) Maximum amount of allocation.--Section 14(a)(2)(B) of
the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B))
(as so redesignated) is amended--
(i) by striking ``The amount'' and inserting the
following:
``(i) In general.--The amount''; and
(ii) by adding at the end the following:
``(ii) Fiscal year 2015 and subsequent fiscal years.--
For fiscal year 2015 and each subsequent fiscal year, the
amount of funds allocated to a State under this paragraph
may not exceed the amount of funds committed by the State
to implement dam safety activities.''.
(2) National dam inventory.--Section 14(b) of the National Dam
Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) is
amended by striking ``$650,000'' and all that follows through
``2011'' and inserting ``$500,000 for each of fiscal years 2015
through 2019''.
(3) Public awareness.--Section 14 of the National Dam Safety
Program Act (33 U.S.C. 467j) (as so redesignated) is amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(B) by inserting after subsection (b) the following:
``(c) Public Awareness.--There is authorized to be appropriated to
carry out section 11 $1,000,000 for each of fiscal years 2015 through
2019.''.
(4) Research.--Section 14(d) of the National Dam Safety Program
Act (as so redesignated) is amended by striking ``$1,600,000'' and
all that follows through ``2011'' and inserting ``$1,450,000 for
each of fiscal years 2015 through 2019''.
(5) Dam safety training.--Section 14(e) of the National Dam
Safety Program Act (as so redesignated) is amended by striking
``$550,000'' and all that follows through ``2011'' and inserting
``$750,000 for each of fiscal years 2015 through 2019''.
(6) Staff.--Section 14(f) of the National Dam Safety Program
Act (as so redesignated) is amended by striking ``$700,000'' and
all that follows through ``2011'' and inserting ``$1,000,000 for
each of fiscal years 2015 through 2019''.
(f) Technical Amendment.--Section 14(a)(1) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) is
amended by striking ``sections 7, 8, and 11'' and inserting ``sections
7, 8, and 12''.
Subtitle B--Levee Safety

35fbcc14d46c71e43f3e6c735229541e6fac9873653068ba5d05d724b0d520d3

A levee system shall remain eligible for rehabilitation assistance
under the authority provided by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n) as long as the levee system sponsor continues to make
satisfactory progress, as determined by the Secretary, on an approved
systemwide improvement framework or letter of intent.

75e9add02f930f15039a61bef82c11dc223f8fef8d016525b5b182fb9a235b5b

(a) In General.--If 2 or more flood control projects are located
within the same geographic area, the Secretary shall, at the request of
the non-Federal interests for the affected projects, consider those
projects as a single program for budgetary or project management
purposes, if the Secretary determines that doing so would not be
incompatible with the authorized project purposes.
(b) Cost Share.--
(1) In general.--If any work on a project to which subsection
(a) applies is required solely because of impacts to that project
from a navigation project, the cost of carrying out that work shall
be shared in accordance with the cost-sharing requirements for the
navigation project.
(2) Use of amounts.--Work described in paragraph (1) may be
carried out using amounts made available under subsection (a).

d2e9dc8bde3a9a4a073f3a155aaf35323a6d703399840dcfb13dc3166159bcf4

(a) Definition of Guidelines.--In this section, the term
``guidelines'' means the Corps of Engineers policy guidelines for
management of vegetation on levees, including--
(1) Engineering Technical Letter 1110-2-571 entitled
``Guidelines for Landscape Planting and Vegetation Management at
Levees, Floodwalls, Embankment Dams, and Appurtenant Structures''
and adopted April 10, 2009; and
(2) the draft policy guidance letter entitled ``Process for
Requesting a Variance from Vegetation Standards for Levees and
Floodwalls'' (77 Fed. Reg. 9637 (Feb. 17, 2012)).
(b) Review.--The Secretary shall carry out a comprehensive review
of the guidelines in order to determine whether current Federal policy
relating to levee vegetation is appropriate for all regions of the
United States.
(c) Factors.--
(1) In general.--In carrying out the review, the Secretary
shall consider--
(A) the varied interests and responsibilities in managing
flood risks, including the need--
(i) to provide the greatest benefits for public safety
with limited resources; and
(ii) to ensure that levee safety investments minimize
environmental impacts and provide corresponding public
safety benefits;
(B) the levee safety benefits that can be provided by woody
vegetation;
(C) the preservation, protection, and enhancement of
natural resources, including--
(i) the benefit of vegetation on levees in providing
habitat for species of concern, including endangered,
threatened, and candidate species; and
(ii) the impact of removing levee vegetation on
compliance with other regulatory requirements;
(D) protecting the rights of Indian tribes pursuant to
treaties and statutes;
(E) determining how vegetation impacts the performance of a
levee or levee system during a storm or flood event;
(F) the available science and the historical record
regarding the link between vegetation on levees and flood risk;
(G) the avoidance of actions requiring significant economic
costs and environmental impacts; and
(H) other factors relating to the factors described in
subparagraphs (A) through (F) identified in public comments
that the Secretary determines to be appropriate.
(2) Variance considerations.--
(A) In general.--In carrying out the review, the Secretary
shall specifically consider factors that promote and allow for
consideration of variances from guidelines on a Statewide,
tribal, regional, or watershed basis, including variances based
on--
(i) regional or watershed soil conditions;
(ii) hydrologic factors;
(iii) vegetation patterns and characteristics;
(iv) environmental resources, including endangered,
threatened, or candidate species and related regulatory
requirements;
(v) levee performance history, including historical
information on original construction and subsequent
operation and maintenance activities;
(vi) any effects on water supply;
(vii) any scientific evidence on the link between levee
vegetation and levee safety;
(viii) institutional considerations, including
implementation challenges and conflicts with or violations
of Federal or State environmental laws;
(ix) the availability of limited funds for levee
construction and rehabilitation;
(x) the economic and environmental costs of removing
woody vegetation on levees; and
(xi) other relevant factors identified in public
comments that the Secretary determines to be appropriate.
(B) Scope.--The scope of a variance approved by the
Secretary may include a complete exemption to guidelines, if
appropriate.
(d) Cooperation and Consultation; Recommendations.--
(1) In general.--The Secretary shall carry out the review under
this section in consultation with other applicable Federal
agencies, representatives of State, regional, local, and tribal
governments, appropriate nongovernmental organizations, and the
public.
(2) Recommendations.--
(A) Regional integration teams.--Corps of Engineers
Regional Integration Teams, representing districts, divisions,
and headquarters, in consultation with State and Federal
resource agencies, and with participation by local agencies,
shall submit to the Secretary any recommendations for
vegetation management policies for levees that conform with
Federal and State laws and other applicable requirements,
including recommendations relating to the review of guidelines
under subsection (b) and the consideration of variances under
subsection (c)(2).
(B) State, tribal, regional, and local entities.--The
Secretary shall consider and accept recommendations from any
State, tribal, regional, or local entity for vegetation
management policies for levees that conform with Federal and
State laws and other applicable requirements, including
recommendations relating to the review of guidelines under
subsection (b) and the consideration of variances under
subsection (c)(2).
(e) Independent Consultation.--
(1) In general.--As part of the review, the Secretary shall
solicit and consider the views of independent experts on the
engineering, environmental, and institutional considerations
underlying the guidelines, including the factors described in
subsection (c) and any information obtained by the Secretary under
subsection (d).
(2) Availability of views.--The views of the independent
experts obtained under paragraph (1) shall be--
(A) made available to the public; and
(B) included in supporting materials issued in connection
with the revised guidelines required under subsection (f).
(f) Revision of Guidelines.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall--
(A) revise the guidelines based on the results of the
review, including--
(i) recommendations received as part of the
consultation described in subsection (d)(1); and
(ii) the views received under subsection (e);
(B) provide the public not less than 30 days to review and
comment on draft guidelines before issuing final guidelines;
and
(C) submit to Congress and make publicly available 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, flexible process for approving
Statewide, tribal, regional, or watershed variances from the
guidelines that--
(i) reflect due consideration of the factors described
in subsection (c); and
(ii) incorporate State, tribal, and regional vegetation
management guidelines for specific areas that--
(I) are consistent with the guidelines; and
(II) have been adopted through a formal public
process; and
(B) be incorporated into the manual proposed under section
5(c) of the Act of August 18, 1941 (33 U.S.C. 701n(c)).
(3) Failure to meet deadlines.--If the Secretary fails to
submit a report by the required deadline under this subsection, the
Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a detailed
explanation of--
(A) why the deadline was missed;
(B) solutions needed to meet the deadline; and
(C) a projected date for submission of the report.
(g) Interim Actions.--
(1) In general.--Until the date on which revisions to the
guidelines are adopted in accordance with subsection (f), the
Secretary shall not require the removal of existing vegetation as a
condition or requirement for any approval or funding of a project,
or any other action, unless the specific vegetation has been
demonstrated to present an unacceptable safety risk.
(2) Revisions.--Beginning on the date on which the revisions to
the guidelines are adopted in accordance with subsection (f), the
Secretary shall reconsider, on request of an affected entity, any
previous action of the Corps of Engineers in which the outcome was
affected by the former guidelines.

fbdb0c75e60af90f4cb43d6875a4dcb19b2ddb6c9be2faf553bb04d96096ac40

(a) Implementation of Flood Protection Structure Accreditation Task
Force.--In carrying out section 100226 of Public Law 112-141 (42 U.S.C.
4101 note; 126 Stat. 942), the Secretary shall--
(1) ensure that at least 1 program activity carried out under
the inspection of completed works program of the Corps of Engineers
provides adequate information to the Secretary to reach a levee
accreditation decision under section 65.10 of title 44, Code of
Federal Regulations (or successor regulation); and
(2) to the maximum extent practicable, carry out activities
under the inspection of completed works program of the Corps of
Engineers in alignment with the schedule established for the
national flood insurance program established under chapter 1 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
(b) Accelerated Levee System Evaluations.--
(1) In general.--On receipt of a request from a non-Federal
interest, the Secretary may carry out a levee system evaluation of
a federally authorized levee for purposes of the national flood
insurance program established under chapter 1 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation
will be carried out earlier than such an evaluation would be
carried out under subsection (a).
(2) Requirements.--A levee system evaluation under paragraph
(1) shall--
(A) at a minimum, comply with section 65.10 of title 44,
Code of Federal Regulations (as in effect on the date of
enactment of this Act); and
(B) be carried out in accordance with such procedures as
the Secretary, in consultation with the Administrator of the
Federal Emergency Management Agency, may establish.
(3) Funding.--
(A) In general.--The Secretary may use amounts made
available under section 22 of the Water Resources Development
Act of 1974 (42 U.S.C. 1962d-16) to carry out this subsection.
(B) Cost share.--The Secretary shall apply the cost share
under section 22(b) of the Water Resources Development Act of
1974 (42 U.S.C. 1962d-16(b)) to any activities carried out
under this subsection.

a803c93e70097a16ae2e16e665e4a0bd66f29b9720c035a257830612dd02f4e0

Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``or other non-Federal interest
working with a State'' after ``cooperate with any State'';
and
(ii) by inserting ``, including plans to
comprehensively address water resources challenges,'' after
``of such State''; and
(B) in paragraph (2)(A), by striking ``, at Federal
expense,'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Contributed funds.--The Secretary may accept and expend
funds in excess of the fees established under paragraph (1) that
are provided by a State or other non-Federal interest for
assistance under this section.''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``$10,000,000'' and inserting
``$30,000,000''; and
(ii) by striking ``$2,000,000'' and inserting
``$5,000,000 in Federal funds''; and
(B) in paragraph (2), by striking ``$5,000,000'' and
inserting ``$15,000,000''.

d5d57263e32faa1214d07c0aa78819b90298afa9a2d50f6fa5a56d27c4cc9cce

45049950e0fbfcb9f920895978e5685bfef2e28cf3ea37298d06df76335c961b

(a) In General.--The Secretary shall carry out measures that
address consolidation, settlement, subsidence, sea level rise, and new
datum to restore federally authorized hurricane and storm damage
reduction projects that were constructed as of the date of enactment of
this Act to the authorized levels of protection of the projects if the
Secretary determines the necessary work is technically feasible,
environmentally acceptable, and economically justified.
(b) Limitation.--This section shall only apply to those projects
for which the executed project partnership agreement provides that the
non-Federal interest is not required to perform future measures to
restore the project to the authorized level of protection of the
project to account for subsidence and sea-level rise as part of the
operation, maintenance, repair, replacement, and rehabilitation
responsibilities.
(c) Cost Share.--
(1) In general.--The non-Federal share of the cost of
construction of a project carried out under this section shall be
determined as provided in subsections (a) through (d) of section
103 of the Water Resources Development Act of 1986 (33 U.S.C.
2213).
(2) Certain activities.--The non-Federal share of the cost of
operations, maintenance, repair, replacement, and rehabilitation
for a project carried out under this section shall be 100 percent.
(d) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall include in the annual report
developed under section 7001--
(1) any recommendations relating to the continued need for the
authority provided under this section;
(2) a description of the measures carried out under this
section;
(3) any lessons learned relating to the measures implemented
under this section; and
(4) best practices for carrying out measures to restore
hurricane and storm damage reduction projects.
(e) Termination of Authority.--The authority of the Secretary under
this subsection terminates on the date that is 10 years after the date
of enactment of this Act.
Subtitle C--Additional Safety Improvements and Risk Reduction Measures

1706994b6ef5958300de461b999bef4f45f5cf317b6ff48ebd36b787c1c43a47

Section 8(d) of the Water Resources Development Act of 1988 (33
U.S.C. 2314) is amended by striking ``materials'' and all that follows
through the period at the end and inserting ``methods, or materials,
including roller compacted concrete, geosynthetic materials, and
advanced composites, that the Secretary determines are appropriate to
carry out this section.''.

1626bfda9e00fd6676ad4712f17ea5cccd254c230fb118b51c06841a4690e6b2

Water Infrastructure Finance and Innovation Act of 2014 — HR. 3080

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