fI
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
H. R. 3080
AN ACT
To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the
Water Resources Reform and Development Act of 2014
.
Table of contents
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—Program reforms and streamlining
Sec. 1001. Vertical integration and acceleration of studies.
Sec. 1002. Consolidation of studies.
Sec. 1003. Expedited completion of reports.
Sec. 1004. Removal of duplicative analyses.
Sec. 1005. Project acceleration.
Sec. 1006. Expediting the evaluation and processing of permits.
Sec. 1007. Expediting approval of modifications and alterations of projects by non-Federal interests.
Sec. 1008. Expediting hydropower at Corps of Engineers facilities.
Sec. 1009. Enhanced use of electronic commerce in Federal procurement.
Sec. 1010. Determination of project completion.
Sec. 1011. Prioritization.
Sec. 1012. Transparency in accounting and administrative expenses.
Sec. 1013. Evaluation of project Partnership Agreements.
Sec. 1014. Study and construction of water resources development projects by non-Federal interests.
Sec. 1015. Contributions by non-Federal interests.
Sec. 1016. Operation and maintenance of certain projects.
Sec. 1017. Acceptance of contributed funds to increase lock operations.
Sec. 1018. Credit for in-kind contributions.
Sec. 1019. Clarification of in-kind credit authority.
Sec. 1020. Transfer of excess credit.
Sec. 1021. Crediting authority for federally authorized navigation projects.
Sec. 1022. Credit in lieu of reimbursement.
Sec. 1023. Additional contributions by non-Federal interests.
Sec. 1024. Authority to accept and use materials and services.
Sec. 1025. Water resources projects on Federal land.
Sec. 1026. Clarification of impacts to other Federal facilities.
Sec. 1027. Clarification of munition disposal authorities.
Sec. 1028. Clarification of mitigation authority.
Sec. 1029. Clarification of interagency support authorities.
Sec. 1030. Continuing authority.
Sec. 1031. Tribal partnership program.
Sec. 1032. Territories of the United States.
Sec. 1033. Corrosion prevention.
Sec. 1034. Advanced modeling technologies.
Sec. 1035. Recreational access.
Sec. 1036. Non-Federal plans to provide additional flood risk reduction.
Sec. 1037. Hurricane and storm damage reduction.
Sec. 1038. Reduction of Federal costs for hurricane and storm damage reduction projects.
Sec. 1039. Invasive species.
Sec. 1040. Fish and wildlife mitigation.
Sec. 1041. Mitigation status report.
Sec. 1042. Reports to Congress.
Sec. 1043. Non-Federal implementation pilot program.
Sec. 1044. Independent peer review.
Sec. 1045. Report on surface elevations at drought affected lakes.
Sec. 1046. Reservoir operations and water supply.
Sec. 1047. Special use permits.
Sec. 1048. America the Beautiful National Parks and Federal Recreational Lands Pass program.
Sec. 1049. Applicability of spill prevention, control, and countermeasure rule.
Sec. 1050. Namings.
Sec. 1051. Interstate water agreements and compacts.
Sec. 1052. Sense of Congress regarding water resources development bills.
TITLE II—Navigation
Subtitle A—Inland waterways
Sec. 2001. Definitions.
Sec. 2002. Project delivery process reforms.
Sec. 2003. Efficiency of revenue collection.
Sec. 2004. Inland waterways revenue studies.
Sec. 2005. Inland waterways stakeholder roundtable.
Sec. 2006. Preserving the Inland Waterway Trust Fund.
Sec. 2007. Inland waterways oversight.
Sec. 2008. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
Sec. 2009. Inland waterways riverbank stabilization.
Sec. 2010. Upper Mississippi River protection.
Sec. 2011. Corps of Engineers lock and dam energy development.
Sec. 2012. Restricted areas at Corps of Engineers dams.
Sec. 2013. Operation and maintenance of fuel taxed inland waterways.
Subtitle B—Port and Harbor Maintenance
Sec. 2101. Funding for harbor maintenance programs.
Sec. 2102. Operation and maintenance of harbor projects.
Sec. 2103. Consolidation of deep draft navigation expertise.
Sec. 2104. Remote and subsistence harbors.
Sec. 2105. Arctic deep draft port development partnerships.
Sec. 2106. Additional measures at donor ports and energy transfer ports.
Sec. 2107. Preserving United States harbors.
TITLE III—Safety Improvements and Addressing Extreme Weather Events
Subtitle A—Dam Safety
Sec. 3001. Dam Safety.
Subtitle B—Levee safety
Sec. 3011. Systemwide improvement framework.
Sec. 3012. Management of flood risk reduction projects.
Sec. 3013. Vegetation management policy.
Sec. 3014. Levee certifications.
Sec. 3015. Planning assistance to States.
Sec. 3016. Levee safety.
Sec. 3017. Rehabilitation of existing levees.
Subtitle C—Additional safety improvements and risk reduction measures
Sec. 3021. Use of innovative materials.
Sec. 3022. Durability, sustainability, and resilience.
Sec. 3023. Study on risk reduction.
Sec. 3024. Management of flood, drought, and storm damage.
Sec. 3025. Post-disaster watershed assessments.
Sec. 3026. Hurricane and storm damage reduction study.
Sec. 3027. Emergency communication of risk.
Sec. 3028. Safety assurance review.
Sec. 3029. Emergency response to natural disasters.
TITLE IV—River Basins and Coastal Areas
Sec. 4001. River basin commissions.
Sec. 4002. Mississippi River.
Sec. 4003. Missouri River.
Sec. 4004. Arkansas River.
Sec. 4005. Columbia Basin.
Sec. 4006. Rio Grande.
Sec. 4007. Northern Rockies headwaters.
Sec. 4008. Rural Western water.
Sec. 4009. North Atlantic Coastal Region.
Sec. 4010. Chesapeake Bay.
Sec. 4011. Louisiana coastal area.
Sec. 4012. Red River Basin.
Sec. 4013. Technical corrections.
Sec. 4014. Ocean and coastal resiliency.
TITLE V—Water infrastructure financing
Subtitle A—State Water Pollution Control Revolving Funds
Sec. 5001. General authority for capitalization grants.
Sec. 5002. Capitalization grant agreements.
Sec. 5003. Water pollution control revolving loan funds.
Sec. 5004. Requirements.
Sec. 5005. Report on the allotment of funds.
Sec. 5006. Effective date.
Subtitle B—General provisions
Sec. 5011. Watershed pilot projects.
Sec. 5012. Definition of treatment works.
Sec. 5013. Funding for Indian programs.
Sec. 5014. Water infrastructure public-private partnership pilot program.
Subtitle C—Innovative financing pilot projects
Sec. 5021. Short title.
Sec. 5022. Definitions.
Sec. 5023. Authority to provide assistance.
Sec. 5024. Applications.
Sec. 5025. Eligible entities.
Sec. 5026. Projects eligible for assistance.
Sec. 5027. Activities eligible for assistance.
Sec. 5028. Determination of eligibility and project selection.
Sec. 5029. Secured loans.
Sec. 5030. Program administration.
Sec. 5031. State, tribal, and local permits.
Sec. 5032. Regulations.
Sec. 5033. Funding.
Sec. 5034. Reports on pilot program implementation.
Sec. 5035. Requirements.
TITLE VI—Deauthorization and backlog prevention
Sec. 6001. Deauthorization of inactive projects.
Sec. 6002. Review of Corps of Engineers assets.
Sec. 6003. Backlog prevention.
Sec. 6004. Deauthorizations.
Sec. 6005. Land conveyances.
TITLE VII—Water resources infrastructure
Sec. 7001. Annual report to Congress.
Sec. 7002. Authorization of final feasibility studies.
Sec. 7003. Authorization of project modifications recommended by the Secretary.
Sec. 7004. Expedited consideration in the House and Senate.
Definition of Secretary
In this Act, the term Secretary means the Secretary of the Army.
Program reforms and streamlining
Vertical integration and acceleration of studies
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—
result in the completion of a final feasibility report not later than 3 years after the date of initiation;
have a maximum Federal cost of $3,000,000; and
ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section.
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—
prepare an updated feasibility study schedule and cost estimate;
notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and
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.
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.
Exception
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).
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—
the type, size, location, scope, and overall cost of the project;
whether the project will use any innovative design or construction techniques;
whether the project will require significant action by other Federal, State, or local agencies;
whether there is significant public dispute as to the nature or effects of the project; and
whether there is significant public dispute as to the economic or environmental costs or benefits of the project.
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.
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.
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—
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;
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
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.
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—
the status of the implementation of the planning process under this section, including the number of participating projects;
a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and
any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects.
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—
the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section;
the amount of time taken to complete each feasibility study; and
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.
Consolidation of studies
In general
Repeal
Section 905(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(b) ) is repealed.
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
.
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.
.
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:
Detailed project schedule
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.
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).
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—
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
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.
Congressional and public notification
Beginning in the first full fiscal year after the date of enactment of this subsection, the Secretary shall—
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
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.
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—
not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—
why the District Engineer failed to meet the deadline; and
a revised project schedule reflecting amended deadlines for the feasibility study; and
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).
.
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.
Expedited completion of reports
The Secretary shall—
expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act; and
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 ).
Removal of duplicative analyses
Section 911 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2288 ) is repealed.
Project acceleration
Project acceleration
Amendment
Section 2045 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2348 ) is amended to read as follows:
Project acceleration
Definitions
In this section:
Environmental impact statement
The term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Environmental review process
In general
The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study.
Inclusions
The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Federal jurisdictional agency
The term Federal jurisdictional agency means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations).
Federal lead agency
The term Federal lead agency means the Corps of Engineers.
Project
The term project means a water resources development project to be carried out by the Secretary.
Project sponsor
The term project sponsor has the meaning given the term non-Federal interest in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)).
Project study
The term project study means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ).
Applicability
In general
This section—
shall apply to each project study that is initiated after the date of enactment of the Water Resources Reform and Development Act of 2014 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under that Act.
Flexibility
Any authority granted under this section may be exercised, and any requirement established under this section may be satisfied, for the conduct of an environmental review process for a project study, a class of project studies, or a program of project studies.
List of project studies
In general
The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined—
meets the standards described in paragraph (1); and
does not have adequate funding to make substantial progress toward the completion of the project study.
Inclusions
The Secretary shall include for each project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study.
Project review process
In general
The Secretary shall develop and implement a coordinated environmental review process for the development of project studies.
Coordinated review
The coordinated environmental review process described in paragraph (1) shall require that any review, analysis, opinion, statement, permit, license, or other approval or decision issued or made by a Federal, State, or local governmental agency or an Indian tribe for a project study described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe.
Timing
The coordinated environmental review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the project study.
Lead agencies
Joint lead agencies
In general
At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the requirements of section 1506.8 of title 40, Code of Federal Regulations (or successor regulations), including the concurrence of the proposed joint lead agency, a project sponsor may serve as the joint lead agency.
Project sponsor as joint lead agency
A project sponsor that is a State or local governmental entity may—
with the concurrence of the Secretary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
prepare any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) required in support of any action or approval by the Secretary if—
the Secretary provides guidance in the preparation process and independently evaluates that document;
the project sponsor complies with all requirements applicable to the Secretary under—
the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. );
any regulation implementing that Act; and
any other applicable Federal law; and
the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding.
Duties
The Secretary shall ensure that—
the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and
any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the Secretary determines are necessary.
Adoption and use of documents
Any environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency making any determination related to the project study to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under—
the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
Roles and responsibility of lead agency
With respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsibility—
to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study; and
to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law.
Participating and cooperating agencies
Identification of jurisdictional agencies
With respect to carrying out the environmental review process for a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, and local government agencies and Indian tribes that may—
have jurisdiction over the project;
be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or
be required to make a determination on issuing a permit, license, or other approval or decision for the project study.
State authority
If the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that—
have jurisdiction over the project;
are required to conduct or issue a review, analysis, opinion, or statement for the project study; or
are required to make a determination on issuing a permit, license, or other approval or decision for the project study.
Invitation
In general
The Federal lead agency shall invite, as early as practicable in the environmental review process, any agency identified under paragraph (1) to become a participating or cooperating agency, as applicable, in the environmental review process for the project study.
Deadline
An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause.
Procedures
Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Water Resources Reform and Development Act of 2014 ) shall govern the identification and the participation of a cooperating agency.
Federal cooperating agencies
Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency—
has no jurisdiction or authority with respect to the project;
has no expertise or information relevant to the project; or
does not have adequate funds to participate in the project; and
does not intend to submit comments on the project; or
does not intend to submit comments on the project.
Administration
A participating or cooperating agency shall comply with this section and any schedule established under this section.
Effect of designation
Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency—
supports a proposed project; or
has any jurisdiction over, or special expertise with respect to evaluation of, the project.
Concurrent reviews
Each participating or cooperating agency shall—
carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations; and
formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
Programmatic compliance
In general
The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that—
eliminates repetitive discussions of the same issues;
focuses on the actual issues ripe for analyses at each level of review;
establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and
complies with—
the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
all other applicable laws.
Requirements
In carrying out paragraph (1), the Secretary shall—
as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches;
emphasize the importance of collaboration among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope;
ensure that the programmatic reviews—
promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the temporal and special scales to be used to analyze those issues;
use accurate and timely information in the environmental review process, including—
criteria for determining the general duration of the usefulness of the review; and
the timeline for updating any out-of-date review;
describe—
the relationship between programmatic analysis and future tiered analysis; and
the role of the public in the creation of future tiered analysis; and
are available to other relevant Federal, State, and local governmental agencies, Indian tribes, and the public;
allow not fewer than 60 days of public notice and comment on any proposed guidance; and
address any comments received under subparagraph (D).
Coordinated reviews
Coordination plan
Establishment
In general
The Federal lead agency shall, after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a project study or a category of project studies.
Incorporation
The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 905(g)(2) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282(g)(2) ).
Schedule
In general
As soon as practicable but not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Federal lead agency, after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in subparagraph (A), a schedule for completion of the environmental review process for the project study.
Factors for consideration
In establishing a schedule, the Secretary shall consider factors such as—
the responsibilities of participating and cooperating agencies under applicable laws;
the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable;
the overall size and complexity of the project;
the overall schedule for and cost of the project; and
the sensitivity of the natural and historical resources that could be affected by the project.
Modifications
The Secretary may—
lengthen a schedule established under clause (i) for good cause; and
shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applicable.
Dissemination
A copy of a schedule established under clause (i) shall be—
provided to each participating and cooperating agency and the project sponsor or joint lead agency, as applicable; and
made available to the public.
Comment deadlines
The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study:
Draft environmental impact statements
For comments by Federal and States agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless—
a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or
the deadline is extended by the Federal lead agency for good cause.
Other environmental review processes
For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless—
a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or
the deadline is extended by the Federal lead agency for good cause.
Deadlines for decisions under other laws
In any case in which a decision under any Federal law relating to a project study, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (h)(5)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and
every 60 days thereafter until such date as all decisions of the Federal agency relating to the project study have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
Involvement of the public
Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations).
Transparency Reporting
Reporting requirements
Not later than 1 year after the date of enactment of the Water Resources Reform and Development Act of 2014 , the Secretary shall establish and maintain an electronic database and, in coordination with other Federal and State agencies, issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) and any other Federal, State, or local approval or action required for a project study for which this section is applicable.
Project study transparency
Consistent with the requirements established under subparagraph (A), the Secretary shall publish the status and progress of any Federal, State, or local decision, action, or approval required under applicable laws for each project study for which this section is applicable.
Issue identification and resolution
Cooperation
The Federal lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws.
Federal lead agency responsibilities
In general
The Federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.
Data sources
The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping.
Cooperating and participating agency responsibilities
Based on information received from the Federal lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study.
Accelerated issue resolution and elevation
In general
On the request of a participating or cooperating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to resolve issues that may—
delay completion of the environmental review process; or
result in denial of any approval required for the project study under applicable laws.
Meeting date
A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline.
Notification
On receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting.
Elevation of issue resolution
If a resolution cannot be achieved within the 30 day-period beginning on the date of a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution.
Convention by secretary
The Secretary may convene an issue resolution meeting under this paragraph at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A).
Financial penalty provisions
In general
A Federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process.
Failure to decide
In general
If a Federal jurisdictional agency fails to render a decision required under any Federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—
$20,000 for any project study requiring the preparation of an environmental assessment or environmental impact statement; or
$10,000 for any project study requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) other than an environmental assessment or environmental impact statement.
Description of date
The date referred to in clause (i) is the later of—
the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and
the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Limitations
In general
No transfer of funds under subparagraph (B) relating to an individual project study shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office.
Failure to decide
The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year.
Aggregate
Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under the Water Resources Reform and Development Act of 2014 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year.
No fault of agency
In general
A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that—
the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law;
significant new information, including from public comments, or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or
the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why not enough funding is available to complete the review by the deadline.
Lack of financial resources
If the agency provides notice under clause (i)(III), the Inspector General of the agency shall—
conduct a financial audit to review the notice; and
not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice.
Limitation
The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds.
Effect of paragraph
Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.
Memorandum of Agreements for Early Coordination
Sense of Congress
It is the sense of Congress that—
the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and
the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.
Technical assistance
If requested at any time by a State or project sponsor, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or project sponsor in carrying out early coordination activities.
Memorandum of agency agreement
If requested at any time by a State or project sponsor, the Federal lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion.
Limitations
Nothing in this section preempts or interferes with—
any obligation to comply with the provisions of any Federal law, including—
the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
any other Federal environmental law;
the reviewability of any final Federal agency action in a court of the United States or in the court of any State;
any requirement for seeking, considering, or responding to public comment; or
any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects.
Timing of claims
Timing
In general
Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless the claim is filed not later than 3 years after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law that allows judicial review.
Applicability
Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or other approval.
New information
In general
The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations (including successor regulations).
Separate action
The preparation of a supplemental environmental impact statement or other environmental document, if required under this section, shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be 3 years after the date of publication of a notice in the Federal Register announcing the action relating to such supplemental environmental impact statement or other environmental document.
Categorical exclusions
In general
Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2014 , the Secretary shall—
survey the use by the Corps of Engineers of categorical exclusions in projects since 2005;
publish a review of the survey that includes a description of—
the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and
any requests previously received by the Secretary for new categorical exclusions; and
solicit requests from other Federal agencies and project sponsors for new categorical exclusions.
New categorical exclusions
Not later than 1 year after the date of enactment of the Water Resources Reform and Development Act of 2014 , if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of the Water Resources Reform and Development Act of 2014 based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation).
Review of project acceleration reforms
In general
The Comptroller General of the United States shall—
assess the reforms carried out under this section; and
not later than 5 years and not later than 10 years after the date of enactment of the Water Resources Reform and Development Act of 2014 , 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 results of the assessment.
Contents
The reports under paragraph (1) shall include an evaluation of impacts of the reforms carried out under this section on—
project delivery;
compliance with environmental laws; and
the environmental impact of projects.
Performance measurement
The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process.
Implementation guidance
The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a project, guidance documents that describe the coordinated environmental review processes that the Secretary intends to use to implement this section for the planning of projects, in accordance with the civil works program of the Corps of Engineers and all applicable law.
.
Clerical amendment
The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 (121 Stat. 1042) is amended by striking the item relating to section 2045 and inserting the following:
Sec. 2045. Project acceleration.
.
Categorical exclusions in emergencies
For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is—
in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; and
commenced within a 2-year period beginning on the date of a declaration described in this subsection.
Expediting the evaluation and processing of permits
Section 214 of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 33 U.S.C. 2201 note) is amended—
in subsection (a)—
by striking (a) In general.—The Secretary
and inserting the following:
Funding to process permits
Definitions
In this subsection:
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.
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 ).
Permit processing
The Secretary
;
in paragraph (2) (as so designated)—
by inserting or a public-utility company or natural gas company
after non-Federal public entity
; and
by inserting or company
after that entity
; and
by adding at the end the following:
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.
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.
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
by striking subsections (d) and (e) and inserting the following:
Public availability
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.
Decision document
The Secretary shall—
use a standard decision document for evaluating all permits using funds accepted under this section; and
make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.
Agreements
The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.
Reporting
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 comprehensive list of any funds accepted under this section during the previous fiscal year;
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
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.
Submission
Not later than 90 days after the end of each fiscal year, 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 the annual report described in paragraph (1); and
make each report received under subparagraph (A) available on a single publicly accessible Internet site.
.
Expediting approval of modifications and alterations of projects by non-Federal interests
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
).
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.
Benchmark goals
Establishment of benchmark goals
In carrying out subsection (b), the Secretary shall—
establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete;
establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and
to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner.
Benchmark goals
Benchmark goals for determining whether section 14 applications are complete
To the extent practicable, the benchmark goals established under paragraph (1) shall provide that—
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
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.
Benchmark goals for reviewing completed applications
To the extent practicable, the benchmark goals established under paragraph (1) shall provide that—
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
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.
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—
provide written notification to the applicant; and
include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review.
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—
why the Secretary failed to make a decision in accordance with such process;
the additional actions required before the Secretary will issue a decision; and
the amount of time the Secretary will require to issue a decision.
Notification
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.
Public availability
The Secretary shall maintain a publicly available database, including on the Internet, on—
all section 14 applications received by the Secretary; and
the current status of such applications.
Expediting hydropower at Corps of Engineers facilities
Policy
Congress declares that it is the policy of the United States that—
the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority;
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
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.
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—
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;
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;
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;
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
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.
Enhanced use of electronic commerce in Federal procurement
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.
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—
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;
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;
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
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.
Determination of project completion
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.
Non-Federal interest appeal of determination
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.
Independent review
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.
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).
Prioritization
Prioritization of hurricane and storm damage risk reduction efforts
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—
address an imminent threat to life and property;
prevent storm surge from inundating populated areas;
prevent the loss of coastal wetlands that help reduce the impact of storm surge;
protect emergency hurricane evacuation routes or shelters;
prevent adverse impacts to publicly owned or funded infrastructure and assets;
minimize disaster relief costs to the Federal Government; and
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 ).
Expedited consideration of currently authorized projects
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 a list of all—
ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and
authorized hurricane and storm damage reduction projects that—
have been authorized for more than 20 years but are less than 75 percent complete; or
are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report;
identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and
provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding.
Prioritization of ecosystem restoration efforts
For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—
that—
address an identified threat to public health, safety, or welfare;
preserve or restore ecosystems of national significance; or
preserve or restore habitats of importance for federally protected species, including migratory birds; and
for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.
Transparency in accounting and administrative expenses
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.
Study
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.
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.
Evaluation of project Partnership Agreements
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—
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
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.
Submission to Congress
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.
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.
Study and construction of water resources development projects by non-Federal interests
Studies
Section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 ) is amended to read as follows:
Study of water resources development projects by non-Federal interests
Submission to Secretary
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.
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.
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.
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—
the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
any recommendations the Secretary may have concerning the plan or design of the project; and
any conditions the Secretary may require for construction of the project.
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.
.
Construction
In general
Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ) is amended to read as follows:
Construction of water resources development projects by non-Federal interests
Water resources development project defined
In this section, the term water resources development project
means a project recommendation that results from—
a feasibility report, as such term is defined in section 7001(f) of the Water Resources Reform and Development Act of 2014 ;
a completed feasibility study developed under section 203; or
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.
Authority
In general
A non-Federal interest may carry out a water resources development project, or separable element thereof—
in accordance with a plan approved by the Secretary for the project or separable element; and
subject to any conditions that the Secretary may require, including any conditions specified under section 203(c)(3).
Conditions
Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—
obtain any permit or approval required in connection with the project or separable element under Federal or State law; and
ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed.
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.
Credit or reimbursement
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—
before initiation of construction of the project or separable element—
the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest;
the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and
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
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.
Application of Credit
The Secretary may apply credit toward—
the non-Federal share of authorized separable elements of the same project; or
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.
Requirements
The Secretary may only apply credit or provide reimbursement under paragraph (1) if—
Congress has authorized construction of the project or separable element of the project; and
the Secretary certifies that the project has been constructed in accordance with—
all applicable permits or approvals; and
this section.
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—
the construction is carried out in compliance with the requirements of this section; and
the costs of the construction are reasonable.
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.
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—
before construction of the improvements—
the Secretary determines that the improvements are feasible and consistent with the purposes of this title; and
the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements;
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
the Secretary does not find that the project or separable element is no longer feasible.
.
Repeals
The following provisions are repealed:
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.
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.
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.
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):
Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ).
Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ).
Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ).
Contributions by non-Federal interests
In general
Section 5 of the Act of June 22, 1936 ( 33 U.S.C. 701h ), is amended—
by inserting and other non-Federal interests
after States and political subdivisions thereof
each place it appears;
by inserting , including a project for navigation on the inland waterways,
after study or project
;
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
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
).
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.
Technical amendment
Section 111(b) of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (125 Stat. 858) is repealed.
Operation and maintenance of certain projects
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.
Acceptance of contributed funds to increase lock operations
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.
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.
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—
publish the proposed modification in the Federal Register; and
accept public comment on the proposed modification.
Reports
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.
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.
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.
Termination
The authority to accept funds under this section shall terminate 5 years after the date of enactment of this Act.
Credit for in-kind contributions
In general
Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended—
in subparagraph (A), in the matter preceding clause (i), by inserting or a project under an environmental infrastructure assistance program
after law
;
in subparagraph (C) by striking In any case
and all that follows through the period at the end and inserting the following:
Construction
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.
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.
Planning
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.
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.
;
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)
)
;
by redesignating subparagraph (E) as subparagraph (H);
by inserting after subparagraph (D) the following:
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.
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.
Application of credit
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.
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
in subparagraph (H) (as redesignated by paragraph (4))—
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
by striking clause (ii) and inserting the following:
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.
.
Applicability
Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d–5b note) is amended—
by inserting , or construction of design deficiency corrections on the project,
after construction on the project
; and
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
.
Effective date
The amendments made by subsections (a) and (b) take effect on November 8, 2007.
Guidelines
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.
Inclusions
Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum—
the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest;
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
criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project.
Public and stakeholder participation
Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall—
consult with affected non-Federal interests;
publish the proposed guidelines developed under this subsection in the Federal Register; and
provide the public with an opportunity to comment on the proposed guidelines.
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.
Clarification of in-kind credit authority
Non-Federal cost share
Section 7007 of the Water Resources Development Act of 2007 (121 Stat. 1277) is amended—
in subsection (a), by inserting , on, or after
after before
;
by striking subsection (d) and inserting the following:
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
by adding at the end the following:
Definition of study or project
In this section, the term study or project
includes any eligible activity that is—
carried out pursuant to the coastal Louisiana ecosystem science and technology program authorized under section 7006(a); and
in accordance with the restoration plan.
.
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).
Effective date
The amendments made by subsection (a) take effect on November 8, 2007.
Transfer of excess credit
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.
Restrictions
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.
Conditions
Credit in excess of the non-Federal share for a study or project may be approved under this section only if—
the non-Federal interest submits a comprehensive plan to the Secretary that identifies—
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
the authorized studies and projects to which that excess credit would be applied;
the Secretary approves the comprehensive plan; and
the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan.
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—
help to expedite the completion of a project or group of projects;
reduce costs to the Federal Government; and
aid the completion of a project that provides significant flood risk reduction or environmental benefits.
Termination of authority
The authority provided in this section shall terminate 10 years after the date of enactment of this Act.
Report
Deadlines
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.
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.
Inclusions
The reports described in paragraph (1) shall include—
a description of the use of the authority under this section during the reporting period;
an assessment of the impact of the authority under this section on the time required to complete projects; and
an assessment of the impact of the authority under this section on other water resources projects.
Crediting authority for federally authorized navigation 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.
Credit in lieu of reimbursement
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.
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.
Additional contributions by non-Federal interests
Section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ) is amended—
by striking In order to insure
and inserting (a) In general.—In order to insure
; and
by adding at the end the following:
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.
.
Authority to accept and use materials and services
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.
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.
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—
a description of the activities undertaken, including the costs associated with the activities; and
a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.
Water resources projects on Federal land
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.
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.
Applicability
Nothing in this section alters any non-Federal cost-sharing requirements for the project.
Clarification of impacts to other Federal facilities
In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities.
Clarification of munition disposal authorities
In general
The Secretary may implement any response action the Secretary determines to be necessary at a site where—
the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and
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.
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.
Clarification of mitigation authority
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—
has been explicitly authorized to compensate for fish losses associated with the project; and
determines that the measures are—
feasible;
consistent with authorized project purposes and the fish hatchery; and
in the public interest.
Cost sharing
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.
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.
Clarification of interagency support authorities
Section 234 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2323a ) is amended—
in subsection (a), by striking other Federal agencies,
and inserting Federal departments or agencies, nongovernmental organizations,
;
in subsection (b), by inserting or foreign governments
after organizations
;
in subsection (c), by inserting and restoration
after protection
; and
in subsection (d)—
in the first sentence, by striking There is
and inserting (1) In general.—There is
; and
in the second sentence—
by striking The Secretary
and inserting (2) Acceptance of funds.—The Secretary
; and
by striking other Federal agencies,
and inserting Federal departments or agencies, nongovernmental organizations,
.
Continuing authority
Continuing authority programs
Definition of continuing authority program project
In this subsection, the term continuing authority program means 1 of the following authorities:
Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ).
Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ).
Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ).
Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ).
Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ).
Section 3 of the Act of August 13, 1946 ( 33 U.S.C. 426g ).
Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ).
Section 103 of the River and Harbor Act of 1962 ( Public Law 87–874 ; 76 Stat. 1178).
Section 204(e) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(e) ).
Section 208 of the Flood Control Act of 1958 ( 33 U.S.C. 701b–8a ).
Section 104(a) of the River and Harbor Act of 1958 ( 33 U.S.C. 610(a) ).
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.
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—
the name and a short description of each active continuing authority program project;
the cost estimate to complete each active project; and
the funding available in that fiscal year for each continuing authority program.
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.
Small river and harbor improvement projects
Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ) is amended—
in subsection (a), by striking $35,000,000
and inserting $50,000,000
; and
in subsection (b), by striking $7,000,000
and inserting $10,000,000
.
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
.
Regional sediment management
In general
Section 204 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326 ) is amended—
in subsection (c)(1)(C), by striking $5,000,000
and inserting $10,000,000
; and
in subsection (g), by striking $30,000,000
and inserting
$50,000,000
.
Applicability
Section 2037 of the Water Resources Development Act of 2007 (121 Stat. 1094) is amended by adding at the end the following:
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.
.
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
.
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—
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
in the third sentence, by striking $5,000,000
and inserting $10,000,000
.
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
.
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
.
Emergency streambank and shoreline protection
Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) is amended—
by striking $15,000,000
and inserting $20,000,000
; and
by striking $1,500,000
and inserting $5,000,000
.
Tribal partnership program
In general
Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended—
in subsection (d)(1)(B)—
by striking The ability
and inserting the following:
In general
The ability
; and
by adding at the end the following:
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
by striking subsection (e) and inserting the following:
Restrictions
The Secretary is authorized to carry out activities under this section for fiscal years 2015 through 2024.
.
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.
Territories of the United States
Section 1156 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2310 ) is amended—
by striking The Secretary shall waive
and inserting (a) In general.—The Secretary shall waive
;
in subsection (a) (as so designated), by inserting Puerto Rico,
before and the Trust Territory of the Pacific Islands
; and
by adding at the end the following:
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.
.
Corrosion prevention
In general
To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects.
Activities
In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—
use best practices to carry out corrosion prevention activities in the field;
use industry-recognized standards and corrosion mitigation and prevention methods when—
determining protective coatings;
selecting materials; and
determining methods of cathodic protection, design, and engineering for corrosion prevention;
use certified coating application specialists and cathodic protection technicians and engineers;
use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials;
demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
Corrosion prevention activities defined
In this section, the term corrosion prevention activities
means—
the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
the installation, testing, and inspection of cathodic protection systems; and
any other activities related to corrosion prevention the Secretary determines appropriate.
Advanced modeling technologies
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—
accelerating and improving the environmental review process;
increasing effective public participation;
enhancing the detail and accuracy of project designs;
increasing safety;
accelerating construction and reducing construction costs; or
otherwise achieving the purposes described in paragraphs (1) through (5).
Activities
In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall—
compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
disseminate to non-Federal interests the information described in paragraph (1); and
promote the use of advanced modeling technologies.
Recreational access
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.
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—
the floating cabin—
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 );
is located at a marina leased by the Corps of Engineers; and
is maintained by the owner to required health and safety standards; and
the Secretary has authorized the use of recreational vessels on such waters.
Non-Federal plans to provide additional flood risk reduction
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—
the plan is technically feasible and environmentally acceptable; and
the benefits of the plan exceed the costs of the plan.
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.
Hurricane and storm damage reduction
In general
Section 156 of the Water Resources Development Act of 1976 ( 42 U.S.C. 1962d–5f ) is amended—
by striking The Secretary
and inserting the following:
In general
The Secretary
; and
by adding at the end the following:
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).
Plan for reducing risk to people and property
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.
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).
Report to congress
Upon completion of the review described in subsection (b), 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 any recommendations of the Secretary related to the review; and
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.
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.
.
Review of authorized periodic nourishment authority
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 ).
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.
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.
Reduction of Federal costs for hurricane and storm damage 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—
in subsection (a)—
in paragraph (1), by inserting or used in
after obtained through
;
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
by adding at the end the following:
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.
;
in subsection (d)—
by striking the subsection designation and heading and inserting the following:
Selection of Dredged Material Disposal Method for Purposes Related to Environmental Restoration or Storm Damage and Flood Reduction
; and
in paragraph (1), by striking in relation to
and all that follows through the period at the end and inserting “in relation to—
the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or
the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.
; and
in subsection (e), by striking paragraph (1) and inserting the following:
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;
.
Invasive species
Aquatic species review
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—
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
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.
Federal investment
Assessment
The Comptroller General of the United States shall conduct an assessment of the Federal costs of, and spending on, aquatic invasive species.
Contents
The assessment conducted under subparagraph (A) shall include—
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;
identification of current Federal spending on aquatic invasive species prevention;
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
review of any other aspect of aquatic invasive species prevention or mitigation determined appropriate by the Comptroller General.
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).
Aquatic invasive species prevention
Multiagency effort To slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries
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.
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.
Report to Congress
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.
Contents
Each report submitted under subparagraph (A) shall include—
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;
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;
any research that the Director determines could improve the ability to control the spread of Asian carp;
any quantitative measures that the Director intends to use to document progress in controlling the spread of Asian carp; and
a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp.
Prevention, Great Lakes and Mississippi River Basin
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.
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.
Prevention and management
Section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 ) is amended—
in subsection (a)—
in the first sentence, by striking There is
and inserting the following:
In general
There is
;
in the second sentence, by striking Local
and inserting the following:
Local interests
Local
;
in the third sentence, by striking Costs
and inserting the following:
Federal costs
Costs
; and
in paragraph (1) (as designated by subparagraph (A))—
by striking control and progressive,
and inserting prevention, control, and progressive
; and
by inserting and aquatic invasive species
after noxious aquatic plant growths
;
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
by inserting after subsection (c) the following:
Watercraft inspection stations
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.
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—
50 percent; and
provided by the State or local governmental entity in which such inspection station is located.
Coordination
In carrying out this subsection, the Secretary shall consult and coordinate with—
the States described in paragraph (1);
Indian tribes; and
other Federal agencies, including—
the Department of Agriculture;
the Department of Energy;
the Department of Homeland Security;
the Department of Commerce; and
the Department of the Interior.
Monitoring and contingency planning
In carrying out this section, the Secretary may—
carry out risk assessments of water resources facilities;
monitor for aquatic invasive species;
establish watershed-wide plans for expedited response to an infestation of aquatic invasive species; and
monitor water quality, including sediment cores and fish tissue samples.
.
Fish and wildlife mitigation
In general
Section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 ) is amended—
in subsection (d)—
in paragraph (1)—
in the first sentence—
by inserting for damages to ecological resources, including terrestrial and aquatic resources, and
after mitigate
;
by inserting ecological resources and
after impact on
; and
by inserting without the implementation of mitigation measures
before the period; and
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)
).
;
in paragraph (2)—
in the heading, by striking
Design
and inserting
Selection and design
;
by inserting select and
after shall
; and
by inserting using a watershed approach
after projects
; and
in paragraph (3)—
in subparagraph (A), by inserting , at a minimum,
after complies with
; and
in subparagraph (B)—
by striking clause (iii);
by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and
by inserting after clause (ii) the following:
for projects where mitigation will be carried out by the Secretary—
a description of the land and interest in land to be acquired for the mitigation plan;
the basis for a determination that the land and interests are available for acquisition; and
a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project;
for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)—
a description of the third party mitigation instrument to be used; and
the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;
; and
by adding at the end the following:
Programmatic mitigation plans
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.
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).
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.
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—
be developed on a regional, ecosystem, watershed, or statewide scale;
include specific goals for aquatic resource and fish and wildlife habitat restoration, establishment, enhancement, or preservation;
identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration;
encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and
address impacts from all projects in a defined geographical area or focus on a specific type of project.
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.
Contents
A programmatic environmental mitigation plan may include—
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;
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;
standard measures for mitigating certain types of impacts;
parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;
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;
acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and
any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection.
Process
Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall—
for a plan developed by the Secretary—
make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and
consider any comments received from those agencies and the public on the draft plan; and
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.
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.
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. ).
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. ).
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.
Third-party mitigation arrangements
Eligible activities
In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include—
participation in mitigation banking or other third-party mitigation arrangements, such as—
the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and
the purchase of credits from in-lieu fee mitigation programs; and
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.
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).
Terms and conditions
In carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may—
take place concurrent with, or in advance of, the commitment of funding to a project; and
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.
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.
.
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.
Technical assistance
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.
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.
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).
Mitigation status report
Section 2036(b) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2283a ) is amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
Information included
In reporting the status of all projects included in the report, the Secretary shall—
use a uniform methodology for determining the status of all projects included in the report;
use a methodology that describes both a qualitative and quantitative status for all projects in the report; and
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) ).
.
Reports to Congress
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).
Reports
The reports referred to in subsection (a) are the reports required under—
subparagraphs (A) and (B) of section 1043(a)(5);
section 1046(a)(2)(B);
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
section 7001.
Failure To provide a completed report
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.
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.
Limitations
In general
For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000.
Aggregate limitation
The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000.
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—
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;
amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or
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.
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.
Non-Federal implementation pilot program
Non-Federal implementation of feasibility studies
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.
Purposes
The purposes of the pilot program are—
to identify project delivery and cost-saving alternatives to the existing feasibility study process;
to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and
to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.
Administration
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—
flood risk management;
hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures;
coastal harbor and channel and inland navigation; and
aquatic ecosystem restoration.
Use of non-Federal funds
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.
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—
non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary;
the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and
the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under subparagraph (A).
Transfer of funds
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—
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
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.
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—
has the necessary qualifications to administer those funds; and
will comply with all applicable Federal laws (including regulations) relating to the use of those funds.
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.
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).
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.
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.
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.
Report
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—
a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph (3)(G); and
any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.
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).
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.
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.
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.
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.
Non-Federal project implementation pilot program
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.
Purposes
The purposes of the pilot program are—
to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects;
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
to evaluate alternatives for the decentralization of the project management, design, and construction for authorized Corps of Engineers water resources projects.
Administration
In general
In carrying out the pilot program, the Secretary shall—
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—
not more than 12 projects that—
have received Federal funds prior to the date of enactment of this Act; or
for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and
to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; and
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;
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;
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;
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;
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—
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
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
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.
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.
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—
any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this subsection; and
expeditiously obtaining any permits necessary for the project.
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.
Report
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—
a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph (2)(B); and
any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.
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).
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.
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.
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.
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.
Independent peer review
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
.
Timing of peer review
Section 2034(b) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(b) ) is amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
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—
not later than 7 days after the date on which the Chief of Engineers determines not to initiate a peer review—
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
make publicly available, including on the Internet, the reasons for not conducting the review; and
include the reasons for not conducting the review in the decision document for the project study.
.
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:
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—
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
make publicly available, including on the Internet, information on—
the dates scheduled for beginning and ending the review;
the entity that has the contract for the review; and
the names and qualifications of the panel of experts.
.
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:
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 copy of the report not later than 7 days after the date on which the report is delivered to the Chief of Engineers; and
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.
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.
.
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
.
Report on surface elevations at drought affected lakes
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—
lake levels and rule curves in areas of previous, current, and prolonged drought; and
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.
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).
Reservoir operations and water supply
Dam optimization
Definition of project
In this subsection, the term project
means a water resources development project that is operated and maintained by the Secretary.
Reports
Assessment of water supply in arid regions
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.
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.
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.
Updated report
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).
Inclusions
The updated report described in clause (i) shall—
include—
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;
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;
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
a plan for reviewing the operations of individual projects, including a detailed schedule for future reviews of project operations, that—
complies with the polices and requirements of applicable law and regulations;
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
ensures that reviews and activities are carried out pursuant to such plan;
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;
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;
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);
not affect any water right in existence on the date of enactment of this Act;
not preempt or affect any State water law or interstate compact governing water;
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
comply with section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ).
General accountability office report to Congress
The Comptroller General shall—
conduct an audit to determine—
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
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
not later than 2 years after the date of enactment of this Act, submit to Congress a report that—
summarizes the results of the audit required by subparagraph (A);
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
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.
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.
Funding
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.
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.
Effect of subsection
In general
Nothing in this subsection changes the authorized purpose of any Corps of Engineers dam or reservoir.
Administration
The Secretary may carry out any recommendations and activities under this subsection pursuant to existing law.
Improving planning and administration of water supply storage
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.
Clarification
The information provided to a non-Federal interest under paragraph (1) shall—
be an estimate which the non-Federal interest may use for planning purposes; and
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.
Surplus water storage
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.
Offset
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.
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).
Limitation
The limitation provided under paragraph (1) shall expire on the date that is 10 years after the date of enactment of this Act.
Applicability
Nothing in this subsection—
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
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.
Future Water Supply
Section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ) is amended—
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
Release of future water storage
Establishment of 10-year plans for the utilization of future storage
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.
Contents
A plan submitted under subparagraph (A) shall include—
a 10-year timetable for the conversion of future use storage to present use; and
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.
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.
Administration
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.
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 .
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.
.
Special use permits
Special use permits
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.
Fees
In general
In carrying out this subsection, the Secretary may—
establish and collect fees associated with the issuance of the permits described in paragraph (1); or
accept in-kind services in lieu of those fees.
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.
Use of fees
Any fees generated pursuant to this subsection shall be—
retained at the site collected; and
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.
Cooperative management
Program
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—
the public recreation area is located—
at a lake or reservoir operated by the Corps of Engineers; and
adjacent to or near a State or local park or recreation area; and
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.
Restriction
The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.
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.
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.
Use of funds
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.
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.
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
.
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
.
America the Beautiful National Parks and Federal Recreational Lands Pass program
The Secretary may participate in the America the Beautiful National Parks and Federal Recreational Lands Pass program in the same manner as the National Park Service, the Bureau of Land Management, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Reclamation, including the provision of free annual passes to active duty military personnel and dependents.
Applicability of spill prevention, control, and countermeasure rule
Definitions
In this section:
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Farm
The term farm has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
Gallon
The term gallon means a United States gallon.
Oil
The term oil has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).
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).
Reportable oil discharge history
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—
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
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.
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.
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).
Certification
In implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, the Administrator shall—
require certification by a professional engineer for a farm with—
an individual tank with an aboveground storage capacity greater than 10,000 gallons;
an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or
a reportable oil discharge history; or
allow certification by the owner or operator of the farm (via self-certification) for a farm with—
an aggregate aboveground storage capacity less than 20,000 gallons and greater than the lesser of—
6,000 gallons; and
the adjustment quantity established under subsection (d)(2); and
no reportable oil discharge history; and
not require compliance with the rule by any farm—
with an aggregate aboveground storage capacity greater than 2,500 gallons and less than the lesser of—
6,000 gallons; and
the adjustment quantity established under subsection (d)(2); and
no reportable oil discharge history; and
not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than 2,500 gallons.
Calculation of aggregate aboveground storage capacity
For purposes of subsection (b), the aggregate aboveground storage capacity of a farm excludes—
all containers on separate parcels that have a capacity that is 1,000 gallons or less; and
all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs.
Study
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.
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.
Namings
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
.
Redesignation of Lower Mississippi River Museum and Riverfront Interpretive Site
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
.
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
.
Jerry F. Costello Lock and Dam
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
.
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
.
Interstate water agreements and compacts
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:
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.
.
Sense of Congress regarding interstate water agreements and compacts
Findings
Congress finds the following:
States and local interests have primary responsibility for developing water supplies for domestic, municipal, industrial, and other purposes.
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.
Interstate water disputes are most properly addressed through interstate water agreements or compacts that take into consideration the concerns of all affected States.
Sense of Congress
It is the sense of Congress that—
Congress and the Secretary should urge States to reach agreement on interstate water agreements and compacts;
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;
Congress should provide prompt consideration of interstate water agreements and compacts; and
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.
Sense of Congress regarding water resources development 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.
Navigation
Inland waterways
Definitions
In this title:
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.
Qualifying project
The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is—
authorized before, on, or after the date of enactment of this Act;
not completed on the date of enactment of this Act; and
funded at least in part from the Inland Waterways Trust Fund.
Project delivery process reforms
Requirements for qualifying projects
With respect to each qualifying project, the Secretary shall require—
for each project manager, that—
the project manager have formal project management training and certification; and
the project manager be assigned from among personnel certified by the Chief of Engineers; and
for an applicable cost estimation, that—
the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and
the cost estimate be developed—
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;
for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract;
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
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.
Additional project delivery process reforms
Not later than 18 months after the date of enactment of this Act, the Secretary shall—
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;
evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and
implement any additional measures that the Secretary determines will achieve the purposes of this subtitle, including—
the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program;
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;
the use of full-funding contracts or formulation of a revised continuing contracts clause; and
the establishment of procedures for recommending new project construction starts using a capital projects business model.
Pilot projects
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.
Inclusions
At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate—
early contractor involvement in the development of features and components;
an appropriate use of continuing contracts for the construction of features and components; and
applicable principles, procedures, and processes used for military construction projects.
Inland Waterways Users Board
Section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 ) is amended—
by striking subsection (b) and inserting the following:
Duties of Users Board
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.
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—
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;
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 ;
advice and recommendations to Congress regarding an increase in the authorized cost of those features and components;
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
advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d).
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.
Independent judgment
Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board.
;
by striking subsection (c) and inserting the following:
Duties of Secretary
The Secretary shall—
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
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.
Capital investment program
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.
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.
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)—
are made in all geographical areas of the inland waterways system; and
ensure efficient funding of inland waterways projects.
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—
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
make revisions to the program, as appropriate.
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.
Administration
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.
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).
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.
.
Efficiency of revenue collection
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include—
an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law;
whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and
an evaluation of alternative collection options.
Inland waterways revenue studies
Inland waterways construction bonds study
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.
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.
Consultation
In carrying out the study, the Secretary, at a minimum, shall consult with—
representatives of the Inland Waterway Users Board established by section 302 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2251 );
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 );
representatives of other users of locks and dams on the inland and intracoastal waterways, including persons owning, operating, using, or otherwise benefitting from—
hydropower generation facilities;
electric utilities that rely on the waterways for cooling of existing electricity generation facilities;
municipal and industrial water supply;
recreation;
irrigation water supply; or
flood damage reduction; and
other stakeholders associated with the inland and intracoastal waterways, as identified by the Secretary.
Report to Congress
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.
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.
Potential revenue sources for inland and intracoastal waterways infrastructure
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.
Scope of study
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.
Potential revenue sources for study
In carrying out the study, the Secretary, at a minimum, shall—
evaluate potential revenue sources identified in and documented by known authorities of the Inland Waterways System; and
review appropriate reports and associated literature related to revenue sources.
Conduct of study
In carrying out the study, the Secretary shall—
take into consideration whether the potential revenues from other sources—
are equitably associated with the construction, operation, and maintenance of inland and intracoastal waterway infrastructure, including locks, dams, and navigation channels; and
can be efficiently collected;
consult with, at a minimum—
representatives of the Inland Waterways Users Board; and
representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure, including persons benefitting from—
municipal water supply;
hydropower;
recreation;
industrial water supply;
flood damage reduction;
agricultural water supply;
environmental restoration;
local and regional economic development; or
local real estate interests; and
representatives of other interests, as identified by the Secretary; and
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 ).
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.
Inland waterways stakeholder roundtable
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.
Selection of participants
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.
Composition
The individuals selected under paragraph (1) shall include—
representatives of the primary users, shippers, and suppliers utilizing the inland and intracoastal waterways for commercial purposes;
representatives of State and Federal agencies having a direct and substantial interest in the commercial use of the inland and intracoastal waterways;
representatives of other nonnavigation beneficiaries of the inland and intracoastal waterways infrastructure, including individuals benefitting from—
municipal water supply;
hydropower;
recreation;
industrial water supply;
flood damage reduction;
agricultural water supply;
environmental restoration;
local and regional economic development; or
local real estate interests; and
other interested individuals with significant financial and engineering expertise and direct knowledge of the inland and coastal waterways.
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.
Conduct of stakeholder roundtable
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.
Issues to be discussed
The stakeholder roundtable shall provide for the review and evaluation described in subsection (a) and shall include the following:
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).
An evaluation of the funding status of the inland and coastal waterways.
Identification and evaluation of the ongoing and projected water infrastructure needs of the inland and coastal waterways.
Identification of a process for meeting such needs, with timeline for addressing the funding challenges for the Inland Waterways Trust Fund.
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—
a summary of the stakeholder roundtable, including areas of concurrence on funding approaches and areas of disagreement in meeting funding needs; and
recommendations developed by the Secretary for next steps to address the issues discussed at the stakeholder roundtable.
Preserving the Inland Waterway Trust Fund
Olmsted project reform
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).
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.
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.
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
.
Inland waterways oversight
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.
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.
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—
engineering methods used for the project;
the management of the project;
contracting for the project;
the cost to the United States of benefits foregone due to project delays; and
such other contributory factors as the Comptroller General determines to be appropriate.
Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway
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.
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:
Commercial navigation.
Commercial fishing.
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.
Use as ingress and egress to harbors of refuge.
Transportation of persons.
Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities.
Activities of the Secretary of the department in which the Coast Guard is operating.
Public health and safety related equipment for responding to coastal and inland emergencies.
Recreation purposes.
Any other authorized purpose.
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—
identifies the operation and maintenance costs required to achieve the authorized length, width, and depth;
identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and
identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
Inland waterways riverbank stabilization
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—
carrying out projects for the inland and intracoastal waterways for purposes of—
flood damage reduction;
emergency streambank and shoreline protection; and
prevention and mitigation of shore damages attributable to navigation improvements; and
modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
Recommendations
In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
the extent of damage and land loss resulting from riverbank erosion;
the rate of erosion;
the significant threat of future flood risk to public property, public infrastructure, or public safety;
the destruction of natural resources or habitats; and
the potential cost savings for maintenance of the channel.
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:
Section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ).
Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ).
Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ).
Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ).
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.
Upper Mississippi River protection
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.
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.
Emergency operations
Nothing in this section prevents the Secretary from carrying out emergency lock operations necessary to mitigate flood damage.
Corps of Engineers lock and dam energy development
Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows:
W.D. Mayo Lock and Dam
In General
The Cherokee Nation of Oklahoma may—
design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and
market the electricity generated from any such facility.
Preconstruction Requirements
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. ).
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.
Payment of design and construction costs
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).
Allocation of costs
The Cherokee Nation shall—
bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and
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.
Assumption of liability
The Cherokee Nation shall—
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;
be solely responsible for—
the operation, maintenance, repair, replacement, and rehabilitation of the facility; and
the marketing of the electricity generated by the facility; and
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.
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).
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.
.
Restricted areas at Corps of Engineers dams
Section 2 of the Freedom to Fish Act (127 Stat. 449) is amended—
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
;
in the heading of subsection (c) by inserting
or Modified
after
New
; and
in subsection (c)—
in matter preceding paragraph (1) by inserting new or modified
after establishes any
; and
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
.
Operation and maintenance of fuel taxed inland waterways
Section 102 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2212 ) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
Floodgates on the inland waterways
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—
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
crosses an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978 ( 33 U.S.C. 1804 ) .
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.
.
Port and Harbor Maintenance
Funding for harbor maintenance programs
Definitions
In this section:
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.
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.
Target appropriations
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:
For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014.
For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.
For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016.
For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017.
For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018.
For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019.
For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020.
For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021.
For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022.
For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023.
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.
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.
Impact on other funds
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.
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.
Operation and maintenance of harbor projects
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:
Operation and maintenance of harbor projects
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.
Criteria
In general
In determining an equitable allocation of funds under paragraph (1), the Secretary shall—
consider the information obtained in the assessment conducted under subsection (e);
consider the national and regional significance of harbor operations and maintenance; and
as appropriate, consider national security and military readiness needs.
Limitation
The Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor.
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).
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.
Prioritization
Priority
In general
For each of fiscal years 2015 through 2024, if priority funds are available, the Secretary shall use the priority funds as follows:
90 percent of the priority funds shall be used for high- and moderate-use harbor projects.
10 percent of the priority funds shall be used for emerging harbor projects.
Additional considerations
For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use—
not less than 5 percent of such funds for underserved harbor projects; and
not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System.
Underserved harbors
In determining which underserved harbor projects shall receive funds under this paragraph, the Secretary shall consider—
the total quantity of commerce supported by the water body on which the project is located; and
the minimum width and depth that—
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
does not exceed the constructed width and depth of the authorized navigation project.
Expanded uses
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.
Use of expanded uses funds
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.
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.
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—
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
the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years.
Remaining funds
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.
Criteria
In determining an equitable allocation of funds under subparagraph (A), the Secretary shall—
use the criteria specified in subsection (c)(2)(A); and
make amounts available in accordance with the requirements of paragraph (1)(A).
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—
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
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.
Assessment of harbors and inland harbors
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).
Assessment of harbor needs and activities
Total operation and maintenance needs of harbors
In carrying out paragraph (1), the Secretary shall identify—
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
the total expected costs for expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2).
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—
commercial navigation, including the movement of goods;
domestic trade;
international trade;
commercial fishing;
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;
use as a harbor of refuge;
transportation of persons;
purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities;
activities of the Secretary of the department in which the Coast Guard is operating;
activities of the Secretary of the Navy;
public health and safety related equipment for responding to coastal and inland emergencies;
recreation purposes; and
other authorized purposes.
Report to Congress
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)—
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;
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;
identifies the unmet operation and maintenance needs associated with the harbors and inland harbors, on a project-by-project basis; and
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.
Public availability
The Secretary shall make the report submitted under subparagraph (A) available to the public, including on the Internet.
Definitions
In this section:
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.
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.
Expanded uses
The term expanded uses
means the following activities:
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.
The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if—
such dredging and disposal benefits commercial navigation at the harbor; and
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.
Great lakes navigation system
The term Great Lakes Navigation System
includes—
Lake Superior;
Lake Huron;
Lake Michigan;
Lake Erie; and
Lake Ontario;
all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation;
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
areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.
Harbor maintenance tax
The term harbor maintenance tax
means the amounts collected under
section 4461 of the Internal Revenue Code of 1986.
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.
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—
more than 1,000,000 tons of cargo; but
less than 10,000,000 tons of cargo.
Priority funds
The term priority funds means the difference between—
the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and
the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012.
Underserved harbor project
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)—
that is a moderate-use harbor project or an emerging harbor project;
that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and
for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years.
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) ).
.
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
.
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)
.
Consolidation of deep draft navigation expertise
Section 2033(e) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2282a(e) ) is amended by adding at the end the following:
Deep draft navigation planning center of expertise
In general
The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.
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).
.
Remote and subsistence harbors
Section 2006 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2242 ) is amended—
in subsection (a)—
in paragraph (1)(B) by inserting or Alaska
after Hawaii
; and
in paragraph (2)—
by striking community
and inserting region
; and
by inserting , as determined by the Secretary, including consideration of information provided by the non-Federal interest
after improvement
; and
by adding at the end the following:
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.
Disposition
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 ).
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).
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.
.
Arctic deep draft port development partnerships
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.
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).
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.
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.
Additional measures at donor ports and energy transfer ports
Definitions
In this section:
Cargo container
The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit.
Donor port
The term “donor port” means a port—
that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);
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;
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
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.
Energy commodity
The term energy commodity
includes—
petroleum products;
natural gas;
coal;
wind and solar energy components; and
biofuels.
Energy transfer port
The term energy transfer port
means a port—
that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulation (or any successor regulation); and
at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and
through which more than 40,000,000 tons of cargo were transported in fiscal year 2012.
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) ).
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) ).
Authority
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.
Limitations
Amounts provided under this section—
for energy transfer ports shall be divided equally among all States with an energy transfer port; and
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.
Use of funds
Amounts provided under this section may be used by a donor port or an energy transfer port—
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;
for expanded uses; or
for environmental remediation related to dredging berths and Federal navigation channels.
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.
Report to Congress
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.
Factors
In carrying out the assessment under paragraph (1), the Secretary shall assess—
the impact of the amounts provided and used under this section on those ports that received funds under this section; and
any impact on domestic harbors and ports that did not receive funds under this section.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2018.
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.
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.
Preserving United States harbors
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
).
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—
the projected economic benefits, including transportation savings and job creation; and
other factors, including navigation safety, national security, and sustainability of subsistence harbors.
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.
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) ).