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S. 601 (113th): Water Resources Development Act of 2013


The text of the bill below is as of Mar 18, 2013 (Introduced).


II

113th CONGRESS

1st Session

S. 601

IN THE SENATE OF THE UNITED STATES

March 18, 2013

(for herself and Mr. Vitter) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Water Resources Development Act of 2013 .

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—Water resource projects

Sec. 1001. Purposes.

Sec. 1002. Project authorizations.

Sec. 1003. Project review.

TITLE II—Water resources policy reforms

Sec. 2001. Purposes.

Sec. 2002. Safety assurance review.

Sec. 2003. Continuing authority programs.

Sec. 2004. Continuing authority program prioritization.

Sec. 2005. Fish and wildlife mitigation.

Sec. 2006. Mitigation status report.

Sec. 2007. Independent peer review.

Sec. 2008. Operation and maintenance of navigation and hydroelectric facilities.

Sec. 2009. Hydropower at Corps of Engineers facilities.

Sec. 2010. Clarification of work-in-kind credit authority.

Sec. 2011. Transfer of excess work-in-kind credit.

Sec. 2012. Credit for in-kind contributions.

Sec. 2013. Credit in lieu of reimbursement.

Sec. 2014. Dam optimization.

Sec. 2015. Water supply.

Sec. 2016. Report on water storage pricing formulas.

Sec. 2017. Clarification of previously authorized work.

Sec. 2018. Consideration of Federal land in feasibility studies.

Sec. 2019. Planning assistance to States.

Sec. 2020. Vegetation management policy.

Sec. 2021. Levee certifications.

Sec. 2022. Restoration of flood and hurricane storm damage reduction projects.

Sec. 2023. Operation and maintenance of certain projects.

Sec. 2024. Dredging study.

Sec. 2025. Non-Federal project implementation pilot program.

Sec. 2026. Non-Federal implementation of feasibility studies.

Sec. 2027. Tribal partnership program.

Sec. 2028. Cooperative agreements with Columbia River Basin Indian tribes.

Sec. 2029. Military munitions response actions at civil works shoreline protection projects.

Sec. 2030. Beach nourishment.

Sec. 2031. Regional sediment management.

Sec. 2032. Study acceleration.

Sec. 2033. Project acceleration.

Sec. 2034. Feasibility studies.

Sec. 2035. Accounting and administrative expenses.

Sec. 2036. Determination of project completion.

Sec. 2037. Project partnership agreements.

Sec. 2038. Interagency and international support authority.

Sec. 2039. Acceptance of contributed funds to increase lock operations.

Sec. 2040. Emergency response to natural disasters.

Sec. 2041. Systemwide improvement frameworks.

Sec. 2042. Funding to process permits.

Sec. 2043. National riverbank stabilization and erosion prevention study and pilot program.

Sec. 2044. Hurricane and storm damage risk reduction prioritization.

Sec. 2045. Prioritization of ecosystem restoration efforts.

Sec. 2046. Special use permits.

Sec. 2047. Operations and maintenance on fuel taxed inland waterways.

Sec. 2048. Corrosion prevention.

Sec. 2049. Project deauthorizations.

Sec. 2050. Reports to Congress.

TITLE III—Project modifications

Sec. 3001. Purpose.

Sec. 3002. Chatfield Reservoir, Colorado.

Sec. 3003. Missouri River Recovery Implementation Committee expenses reimbursement.

Sec. 3004. Hurricane and storm damage reduction study.

Sec. 3005. Lower Yellowstone Project, Montana.

Sec. 3006. Project deauthorizations.

Sec. 3007. Raritan River Basin, Green Brook Sub-basin, New Jersey.

Sec. 3008. Red River Basin, Oklahoma, Texas, Arkansas, Louisiana.

TITLE IV—Water resource studies

Sec. 4001. Purpose.

Sec. 4002. Initiation of new water resources studies.

Sec. 4003. Applicability.

TITLE V—Regional and nonproject provisions

Sec. 5001. Purpose.

Sec. 5002. Northeast Coastal Region ecosystem restoration.

Sec. 5003. Chesapeake Bay Environmental Restoration and Protection Program.

Sec. 5004. Rio Grande environmental management program, Colorado, New Mexico, Texas.

Sec. 5005. Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington.

Sec. 5006. Arkansas River, Arkansas and Oklahoma.

Sec. 5007. Aquatic invasive species prevention and management; Columbia River Basin.

Sec. 5008. Upper Missouri Basin flood and drought monitoring.

Sec. 5009. Northern Rockies headwaters extreme weather mitigation.

TITLE VI—Levee safety

Sec. 6001. Short title.

Sec. 6002. Findings; purposes.

Sec. 6003. Definitions.

Sec. 6004. National levee safety program.

Sec. 6005. National levee safety advisory board.

Sec. 6006. Inventory and inspection of levees.

Sec. 6007. Reports.

Sec. 6008. Effect of title.

Sec. 6009. Authorization of appropriations.

TITLE VII—Inland waterways

Sec. 7001. Purposes.

Sec. 7002. Definitions.

Sec. 7003. Project delivery process reforms.

Sec. 7004. Major rehabilitation standards.

Sec. 7005. Inland waterways system revenues.

Sec. 7006. Efficiency of revenue collection.

TITLE VIII—Harbor maintenance

Sec. 8001. Short title.

Sec. 8002. Purposes.

Sec. 8003. Funding for harbor maintenance programs.

Sec. 8004. Harbor Maintenance Trust Fund prioritization.

Sec. 8005. Civil works program of the Corps of Engineers.

TITLE IX—Dam safety

Sec. 9001. Short title.

Sec. 9002. Purpose.

Sec. 9003. Administrator.

Sec. 9004. Inspection of dams.

Sec. 9005. National Dam Safety Program.

Sec. 9006. Public awareness and outreach for dam safety.

Sec. 9007. Authorization of appropriations.

TITLE X—Innovative financing pilot projects

Sec. 10001. Short title.

Sec. 10002. Purposes.

Sec. 10003. Definitions.

Sec. 10004. Authority to provide assistance.

Sec. 10005. Applications.

Sec. 10006. Eligible entities.

Sec. 10007. Projects eligible for assistance.

Sec. 10008. Activities eligible for assistance.

Sec. 10009. Determination of eligibility and project selection.

Sec. 10010. Secured loans.

Sec. 10011. Program administration.

Sec. 10012. State and local permits.

Sec. 10013. Regulations.

Sec. 10014. Funding.

Sec. 10015. Report to Congress.

TITLE XI—Extreme weather

Sec. 11001. Improving management of flood and drought.

Sec. 11002. GAO study on management of flood and drought.

Sec. 11003. Post-disaster watershed assessments.

2.

Definition of Secretary

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

I

Water resource projects

1001.

Purposes

The purposes of this title are—

(1)

to authorize projects that—

(A)

are the subject of a completed report of the Chief of Engineers containing a determination that the relevant project—

(i)

is in the Federal interest;

(ii)

results in benefits that exceed the costs of the project;

(iii)

is environmentally acceptable; and

(iv)

is technically feasible; and

(B)

have been recommended to Congress for authorization by the Assistant Secretary of the Army for Civil Works; and

(2)

to authorize the Secretary

(A)

to review projects that require increased authorization; and

(B)

to request an increase of those authorizations after—

(i)

certifying that the increases are necessary; and

(ii)

submitting to Congress reports on the proposed increases.

1002.

Project authorizations

The Secretary is authorized to carry out projects for water resources development, conservation, and other purposes, subject to the conditions that—

(1)

each project is carried out—

(A)

substantially in accordance with the plan for the project; and

(B)

subject to any conditions described in the report for the project; and

(2)

a Report of the Chief of Engineers has been completed and a referral by the Assistant Secretary of the Army for Civil Works has been made to Congress as of the date of enactment of this Act for the project.

1003.

Project review

(a)

In general

For a project that is authorized by Federal law as of the date of enactment of this Act, the Secretary may modify the authorized project cost set under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)

(1)

by submitting the required certification and additional information to Congress in accordance with subsection (b); and

(2)

after receiving an appropriation of funds in accordance with subsection (c).

(b)

Requirements for submission

(1)

Certification

The certification to Congress under subsection (a) shall include a certification by the Secretary that—

(A)

expenditures above the authorized cost of the project are necessary to protect life and safety, maintain critical navigation routes, or restore ecosystems;

(B)

the project continues to provide benefits identified in the report of the Chief of Engineers for the project; and

(C)

for projects under construction—

(i)

a temporary stop or delay resulting from a failure to increase the authorized cost of the project will increase costs to the Federal Government; and

(ii)

the amount requested for the project in the budget of the President or included in a work plan for the expenditure of funds for the fiscal year during which the certification is submitted will exceed the authorized cost of the project.

(2)

Additional information

The information provided to Congress about the project under subsection (a) shall include, at a minimum—

(A)

a comprehensive review of the project costs and reasons for exceeding the authorized limits set under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280);

(B)

an expedited analysis of the updated benefits and costs of the project; and

(C)

the new funding level needed to complete the project.

(3)

Approval of Congress

The Secretary may not change the authorized project costs under subsection (a) unless—

(A)

a certification and required information is submitted to Congress under subsection (b); and

(B)

after such submission, amounts are appropriated to initiate or continue construction of the project in an appropriations or other Act.

(c)

Termination of effectiveness

The authority of the Secretary under this section terminates on the date that is 3 years after the date of enactment of this Act.

II

Water resources policy reforms

2001.

Purposes

The purposes of this title are—

(1)

to reform the implementation of water resources projects by the Corps of Engineers;

(2)

to make other technical changes to the water resources policy of the Corps of Engineers; and

(3)

to implement reforms, including—

(A)

enhancing the ability of local sponsors to partner with the Corps of Engineers by ensuring the eligibility of the local sponsors to receive and apply credit for work carried out by the sponsors and increasing the role of sponsors in carrying out Corps of Engineers projects;

(B)

ensuring continuing authority programs can continue to meet important needs;

(C)

encouraging the continuation of efforts to modernize feasibility studies and establish targets for expedited completion of feasibility studies;

(D)

seeking efficiencies in the management of dams and related infrastructure to reduce environmental impacts while maximizing other benefits and project purposes, such as flood control, navigation, water supply, and hydropower;

(E)

clarifying mitigation requirements for Corps of Engineers projects and ensuring transparency in the independent external review of those projects; and

(F)

establishing an efficient and transparent process for deauthorizing projects that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects.

2002.

Safety assurance review

Section 2035 of the Water Resources Development Act of 2007 (33 U.S.C. 2344) is amended by adding at the end the following:

(g)

Nonapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance review conducted under this section.

.

2003.

Continuing authority programs

(a)

Small river and harbor improvement projects

Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) is amended—

(1)

in subsection (a), by striking $35,000,000 and inserting $50,000,000; and

(2)

in subsection (b), by striking $7,000,000 and inserting $10,000,000.

(b)

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.

(c)

Regional sediment management

(1)

In general

Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended—

(A)

in subsection (c)(1)(C), by striking $5,000,000 and inserting $10,000,000; and

(B)

in subsection (g), by striking $30,000,000 and inserting $50,000,000.

(2)

Applicability

Section 2037 of the Water Resources Development Act of 2007 (121 Stat. 1094) is amended by added at the end the following:

(c)

Applicability

The amendment made by subsection (a) shall not apply to any project authorized under this Act if a report of the Chief of Engineers for the project was completed prior to the date of enactment of this Act.

.

(d)

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.

(e)

Project modifications for improvement of environment

Section 1135(d) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a(d) ) is amended—

(1)

in the second sentence, by striking Not more than 80 percent of the non-Federal may be and inserting The non-Federal share may be provided; and

(2)

in the third sentence, by striking $5,000,000 and inserting $10,000,000.

(f)

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.

(g)

Floodplain management services

Section 206(d) of the Flood Control Act of 1960 (33 U.S.C. 709a) is amended by striking $15,000,000 and inserting $50,000,000.

2004.

Continuing authority program prioritization

(a)

Definition of continuing authority program project

In this section, the term continuing authority program means 1 of the following authorities:

(1)

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s).

(2)

Section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).

(3)

Section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330).

(4)

Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).

(5)

Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).

(6)

Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g).

(b)

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.

(c)

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—

(1)

the name and a short description of each active continuing authority program project;

(2)

the cost estimate to complete each active project; and

(3)

the funding available in that fiscal year for each continuing authority program.

(d)

Congressional notification

On publication in the Federal Register under subsections (b) and (c), 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 subsections.

2005.

Fish and wildlife mitigation

(a)

In general

Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—

(1)

in subsection (d)

(A)

in paragraph (1)

(i)

in the first sentence—

(I)

by inserting for damages to ecological resources, including terrestrial and aquatic resources, and after mitigate;

(II)

by inserting ecological resources and after impact on; and

(III)

by inserting without the implementation of mitigation measures before the period; and

(ii)

by inserting before the last sentence the following: If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination.; and

(B)

in paragraph (3)

(i)

in subparagraph (A), by inserting , at a minimum, after complies with; and

(ii)

in subparagraph (B)

(I)

by striking clause (iii);

(II)

by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and

(III)

by inserting after clause (ii) the following:

(iii)

for projects where mitigation will be carried out by the Secretary

(I)

a description of the land and interest in land to be acquired for the mitigation plan;

(II)

the basis for a determination that the land and interests are available for acquisition; and

(III)

a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project;

(iv)

for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)

(I)

a description of the third party mitigation instrument to be used; and

(II)

the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;

; and

(2)

by adding at the end the following:

(h)

Programmatic mitigation plans

(1)

In general

The Secretary may develop 1 or more programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future water resources development projects.

(2)

Use of mitigation plans

The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection (d).

(3)

Non-Federal plans

The Secretary shall, to the maximum extent practicable and subject to all conditions of this subsection, use programmatic environmental plans developed by a State, a body politic of the State, which derives its powers from a State constitution, a government entity created by State legislation, or a local government, that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects.

(4)

Scope

A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects may—

(A)

be developed on a regional, ecosystem, watershed, or statewide scale;

(B)

encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and

(C)

address impacts from all projects in a defined geographical area or focus on a specific type of project.

(5)

Consultation

The scope of the plan shall be determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan.

(6)

Contents

A programmatic environmental mitigation plan may include—

(A)

an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources;

(B)

an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects;

(C)

standard measures for mitigating certain types of impacts;

(D)

parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;

(E)

adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring;

(F)

acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and

(G)

any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection.

(7)

Process

Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall—

(A)

for a plan developed by the Secretary

(i)

make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and

(ii)

consider any comments received from those agencies and the public on the draft plan; and

(B)

for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment.

(8)

Integration with other plans

A programmatic environmental mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans.

(9)

Consideration in project development and permitting

If a programmatic environmental mitigation plan has been developed under this subsection, any Federal agency responsible for environmental reviews, permits, or approvals for a water resources development project may use the recommendations in that programmatic environmental mitigation plan when carrying out the responsibilities of the agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).

(10)

Preservation of existing authorities

Nothing in this subsection limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).

(i)

Third-Party mitigation arrangements

(1)

Eligible activities

In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include—

(A)

participation in mitigation banking or other third-party mitigation arrangements, such as—

(i)

the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and

(ii)

the purchase of credits from in-lieu fee mitigation programs; and

(B)

contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands.

(2)

Inclusion of other activities

The banks, programs, and efforts described in paragraph (1) include any banks, programs, and efforts developed in accordance with applicable law (including regulations).

(3)

Terms and conditions

In carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may—

(A)

take place concurrent with, or in advance of, the commitment of funding to a project; and

(B)

occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and water resources development planning processes.

(4)

Preference

At the request of the non-Federal project sponsor, preference may be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project has been approved by the applicable Federal agency.

(j)

Use of Funds

The Secretary may use funds made available for preconstruction engineering and design prior to authorization of project construction to acquire interests in land necessary for meeting the mitigation requirements of this section.

.

(b)

Application

The amendments made by subsection (a) shall not apply to a project for which a mitigation plan has been completed as of the date of enactment of this Act.

(c)

Technical assistance

(1)

In general

The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions.

(2)

Requirements

In providing technical assistance under this subsection, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions.

(3)

Mitigation instruments

The Secretary shall seek to ensure any technical assistance provided under this subsection will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2).

2006.

Mitigation status report

Section 2036(b) of the Water Resources Development Act of 2007 (33 U.S.C. 2283a) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

(3)

Information included

In reporting the status of all projects included in the report, the Secretary shall—

(A)

use a uniform methodology for determining the status of all projects included in the report;

(B)

use a methodology that describes both a qualitative and quantitative status for all projects in the report; and

(C)

provide specific dates for and participants 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)).

.

2007.

Independent peer review

(a)

Timing of peer review

Section 2034(b) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(b) ) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

(3)

Reasons for timing

If the Chief of Engineers does not initiate a peer review for a project study at a time described in paragraph (2), the Chief shall—

(A)

not later than 7 days after the date on which the Chief of Engineers determines not to initiate a peer review—

(i)

notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of that decision; and

(ii)

make publicly available, including on the Internet the reasons for not conducting the review; and

(B)

include the reasons for not conducting the review in the decision document for the project study.

.

(b)

Establishment of panels

Section 2034(c) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(c) ) is amended by striking paragraph (4) and inserting the following:

(4)

Congressional and public notification

Following the identification of a project study for peer review under this section, but prior to initiation of the review by the panel of experts, the Chief of Engineers shall, not later than 7 days after the date on which the Chief of Engineers determines to conduct a review—

(A)

notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the review; and

(B)

make publicly available, including on the Internet, information on—

(i)

the dates scheduled for beginning and ending the review;

(ii)

the entity that has the contract for the review; and

(iii)

the names and qualifications of the panel of experts.

.

(c)

Recommendations of panel

Section 2034(f) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343(f) ) is amended by striking paragraph (2) and inserting the following:

(2)

Public availability and submission to Congress

After receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall make available to the public, including on the Internet, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives

(A)

a copy of the report not later than 7 days after the date on which the report is delivered to the Chief of Engineers; and

(B)

a copy of any written response of the Chief of Engineers on recommendations contained in the report not later than 3 days after the date on which the response is delivered to the Chief of Engineers.

(3)

Inclusion in project study

A report on a project study from a panel of experts under this section and the written response of the Chief of Engineers shall be included in the final decision document for the project study.

.

(d)

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.

2008.

Operation and maintenance of navigation and hydroelectric facilities

(a)

In general

Section 314 of the Water Resources Development Act of 1990 (33 U.S.C. 2321) is amended—

(1)

by striking the heading and inserting the following:

314.

Operation and maintenance of navigation and hydroelectric facilities

;

(2)

in the first sentence, by striking Activities currently performed and inserting the following:

(a)

In general

Activities currently performed

;

(3)

in the second sentence, by striking This section and inserting the following:

(b)

Major maintenance contracts allowed

This section

;

(4)

in subsection (a) (as designated by paragraph (2)), by inserting navigation or before hydroelectric; and

(5)

by adding at the end the following:

(c)

Exclusion

This section shall not—

(1)

apply to those navigation facilities that have been or are currently under contract with a non-Federal interest to perform operations and maintenance as of the date of enactment of the Water Resources Development Act of 2013 ; and

(2)

prohibit the Secretary from contracting out future commercial activities at those navigation facilities.

.

(b)

Clerical amendment

The table of contents contained in section 1(b) of the Water Resources Development Act of 1990 (104 Stat. 4604) is amended by striking the item relating to section 314 and inserting the following:

Sec. 314. Operation and maintenance of navigation and hydroelectric facilities.

.

2009.

Hydropower at Corps of Engineers facilities

(a)

Findings

Congress finds that—

(1)

in April 2012, the Oak Ridge National Laboratory of the Department of Energy (referred to in this section as the Oak Ridge Lab) released a report finding that adding hydroelectric power to the non-powered dams of the United States has the potential to add more than 12 gigawatts of new generating capacity;

(2)

the top 10 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential could alone supply 3 gigawatts of generating capacity;

(3)

of the 50 non-powered dams identified by the Oak Ridge Lab as having the highest hydroelectric power potential, 48 are Corps of Engineers civil works projects;

(4)

promoting non-Federal hydroelectric power at Corps of Engineers civil works projects increases the taxpayer benefit of those projects;

(5)

the development of non-Federal hydroelectric power at Corps of Engineers civil works projects—

(A)

can be accomplished in a manner that is consistent with authorized project purposes and the responsibilities of the Corps of Engineers to protect the environment; and

(B)

in many instances, may have additional environmental benefits; and

(6)

the development of non-Federal hydroelectric power at Corps of Engineers civil works projects could be promoted through—

(A)

clear and consistent lines of responsibility and authority within and across Corps of Engineers districts and divisions on hydroelectric power development activities;

(B)

consistent and corresponding processes for reviewing and approving hydroelectric power development; and

(C)

developing a means by which non-Federal hydroelectric power developers and stakeholders can resolve disputes with the Corps of Engineers concerning hydroelectric power development activities at Corps of Engineers civil works projects.

(b)

Policy

Congress declares that it is the policy of the United States that—

(1)

the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority;

(2)

Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 14 of the Act of March 3, 1899 (33 U.S.C. 408), shall be completed by the Corps of Engineers in a timely and consistent manner; and

(3)

approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.

(c)

Report

Not later than 1 year after the date of enactment of this Act 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, at a minimum, shall include—

(1)

a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects;

(2)

a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities;

(3)

a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects;

(4)

a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and

(5)

the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects.

2010.

Clarification of work-in-kind credit authority

(a)

Non-Federal cost share

Section 7007 of the Water Resources Development Act of 2007 (121 Stat. 1277) is amended—

(1)

in subsection (a)

(A)

by inserting , on, or after after before; and

(B)

by inserting , program, after study each place it appears;

(2)

in subsections (b) and (e), by inserting , program, after study each place it appears; and

(3)

by striking subsection (d) and inserting the following:

(d)

Treatment of credit between projects

The value of any land, easements, rights-of-way, relocations, and dredged material disposal areas and the costs of planning, design, and construction work provided by the non-Federal interest that exceed the non-Federal cost share for a study, program, or project under this title may be applied toward the non-Federal cost share for any other study, program, or project carried out under this title.

.

(b)

Implementation

Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with any relevant agencies of the State of Louisiana, shall establish a process by which to carry out the amendments made by subsection (a)(3).

(c)

Effective date

The amendments made by subsection (a) take effect on November 8, 2007.

2011.

Transfer of excess work-in-kind credit

(a)

In general

Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that is in excess of the required non-Federal cost-share for a water resources study or project toward the required non-Federal cost-share for a different water resources study or project.

(b)

Restrictions

(1)

In general

Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 2012 of this Act) shall not apply to any credit under this section.

(2)

Conditions

Credit in excess of the non-Federal cost-share for a study or project may be approved under this section only if—

(A)

the non-Federal interest submits a comprehensive plan to the Secretary that identifies—

(i)

the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and

(ii)

the studies and projects to which that excess credit would be applied;

(B)

the Secretary approves the comprehensive plan; and

(C)

the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan.

(c)

Additional criteria

In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will—

(1)

help to expedite the completion of a project or group of projects;

(2)

reduce costs to the Federal Government; and

(3)

aid the completion of a project that provides significant flood risk reduction or environmental benefits.

(d)

Termination of authority

The authority provided in this section shall terminate 10 years after the date of enactment of this Act.

(e)

Report

(1)

Deadlines

(A)

In general

Not later than 2 years after the date of enactment of this Act, 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 interim report on the use of the authority under this section.

(B)

Final report

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 a final report on the use of the authority under this section.

(2)

Inclusions

The reports described in paragraph (1) shall include—

(A)

a description of the use of the authority under this section during the reporting period;

(B)

an assessment of the impact of the authority under this section on the time required to complete projects; and

(C)

an assessment of the impact of the authority under this section on other water resources projects.

2012.

Credit for in-kind contributions

(a)

In general

Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended—

(1)

in subparagraph (A), in the matter preceding clause (i) by inserting or a project under an environmental infrastructure assistance program after law;

(2)

in subparagraph (C), by striking In any case and all that follows through the period at the end and inserting the following:

(i)

Construction

(I)

In general

In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction.

(II)

Eligibility

Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit.

(ii)

Planning

(I)

In general

In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning.

(II)

Eligibility

Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit.

;

(3)

in subparagraph (D)(iii), by striking sections 101 and 103 and inserting sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(a)(2) ; 33 U.S.C. 2213(a)(1)(A) );

(4)

by redesignating subparagraph (E) as subparagraph (H);

(5)

by inserting after subparagraph (D) the following:

(E)

Analysis of costs and benefits

In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition.

(F)

Transfer of Credit between Separable Elements of a Project

Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project.

(G)

Application of Credit

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 shall reimburse the difference to the non-Federal interest, subject to the availability of funds.

; and

(6)

in subparagraph (H) (as redesignated by paragraph (4))—

(A)

in clause (i), by inserting , and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 (Public Law 99–662), if correction of design deficiencies is necessary before the period at the end; and

(B)

by striking clause (ii) and inserting the following:

(ii)

Authorization in addition to specific credit provision

In any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement.

.

(b)

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.

(c)

Effective date

The amendments made by subsections (a) and (b) take effect on November 8, 2007.

(d)

Guidelines

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary.

(2)

Inclusions

Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum—

(A)

the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest;

(B)

criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and

(C)

criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project.

(3)

Public and stakeholder participation

Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall—

(A)

consult with affected non-Federal interests;

(B)

publish the proposed guidelines developed under this subsection in the Federal Register; and

(C)

provide the public with an opportunity to comment on the proposed guidelines.

(e)

Other credit

Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 (33 U.S.C. 2214) that was approved by the Secretary prior to the date of enactment of this Act.

2013.

Credit in lieu of reimbursement

Section 211(e)(2) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(e)(2)) is amended by adding at the end the following:

(C)

Studies or other projects

On the request of a non-Federal interest, in lieu of reimbursing a non-Federal interest the amount equal to the estimated Federal share of the cost of an authorized flood damage reduction project or a separable element of an authorized flood damage reduction project under this subsection that has been constructed by the non-Federal interest under this section as of the date of enactment of this Act, the Secretary may provide the non-Federal interest with a credit in that amount, which the non-Federal interest may apply to the share of the cost of the non-Federal interest of carrying out other flood damage reduction projects or studies.

.

2014.

Dam optimization

(a)

Definitions

In this section:

(1)

Other related project benefits

The term other related project benefits includes—

(A)

environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries;

(B)

increased water supply storage;

(C)

increased hydropower generation;

(D)

reduced flood risk;

(E)

additional navigation; and

(F)

improved recreation.

(2)

Water control plan

The term water control plan means—

(A)

a plan for coordinated regulation schedules for project or system regulation; and

(B)

such additional provisions as may be required to collect, analyze, and disseminate basic data, prepare detailed operating instructions, ensure project safety, and carry out regulation of projects in an appropriate manner.

(b)

Program

(1)

In general

The Secretary may carry out activities—

(A)

to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and

(B)

to maximize, to the extent practicable—

(i)

authorized project purposes; and

(ii)

other related project benefits.

(2)

Eligible activities

An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project, including—

(A)

the review of project operations on a regular and timely basis to determine the potential for operational changes;

(B)

carrying out any investigation or study the Secretary determines to be necessary; and

(C)

the revision or updating of a water control plan or other modification of the operation of a water resource project.

(3)

Impact on authorized purposes

An activity carried out under this section shall not adversely impact any of the authorized purposes of the project.

(4)

Effect on existing agreements

Nothing in this section supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act.

(5)

Other laws

(A)

In general

An activity carried out under this section shall comply with all other applicable laws (including regulations).

(B)

Water supply

Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).

(c)

Policies, regulations, and guidance

The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b).

(d)

Coordination

(1)

In general

The Secretary shall coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities.

(2)

Non-Federal interests

Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure.

(e)

Reports

(1)

In general

Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section.

(2)

Inclusions

Each report under paragraph (1) shall include—

(A)

a schedule for reviewing the operations of individual projects; and

(B)

any recommendations of the Secretary on changes that the Secretary determines to be necessary—

(i)

to carry out existing projection authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means;

(ii)

to improve the efficiency of water resource project operations; and

(iii)

to maximize authorized project purposes and other related project benefits.

(3)

Updated report

(A)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall update 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).

(B)

Inclusions

The updated report described in subparagraph (A) shall include—

(i)

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; and

(ii)

the dates on which the recommendations described in clause (i) were carried out.

(f)

Funding

(1)

In general

The Secretary may use to carry out this section amounts made available to the Secretary from—

(A)

the general purposes and expenses account;

(B)

the operations and maintenance account; and

(C)

any other amounts that are appropriated to carry out this section.

(2)

Funding from other sources

The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section.

(g)

Cooperative agreements

The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section.

2015.

Water supply

Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended by striking subsection (d) and inserting the following:

(d)

Congressional approval of modifications of reservoir projects

Congressional approval shall be required for any modification of a reservoir project that has been authorized, surveyed, planned, or constructed to include storage for municipal or industrial water supply if, when considered cumulatively with all previous modifications of the project, the modification would—

(1)

seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed;

(2)

involve major structural or operational changes; or

(3)

involve an allocation or reallocation of storage that is equal to or exceeds 5 percent of the conservation storage pool of the project.

.

2016.

Report on water storage pricing formulas

(a)

Findings

Congress finds that—

(1)

due to the ongoing drought in many parts of the United States, communities are looking for ways to enhance their water storage on Corps of Engineer reservoirs so as to maintain a reliable supply of water into the foreseeable future;

(2)

water storage pricing formulas should be equitable and not create disparities between users; and

(3)

water pricing formulas should not be cost-prohibitive for communities.

(b)

Assessment

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the water storage pricing formulas of the Corps of Engineers, which shall include an assessment of—

(A)

existing water storage pricing formulas of the Corps of Engineers, in particular whether those formulas produce water storage costs for some beneficiaries that are greatly disparate from the costs of other beneficiaries; and

(B)

whether equitable water storage pricing formulas could lessen the disparate impact and produce more affordable water storage for potential beneficiaries.

(2)

Report

The Comptroller General of the United States shall submit to Congress a report on the assessment carried out under paragraph (1).

2017.

Clarification of previously authorized work

(a)

In General

The Secretary may carry out measures to improve fish species habitat within the footprint and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary

(1)

has been explicitly authorized to compensate for fish losses associated with the project; and

(2)

determines that the measures are—

(A)

feasible;

(B)

consistent with authorized project purposes and the fish hatchery; and

(C)

in the public interest.

(b)

Cost Sharing

(1)

In general

Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.

(2)

Operation and maintenance

The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of a project constructed under this section.

(c)

Authorization of appropriations

For each fiscal year, there is authorized to be appropriated to carry out this section $30,000,000.

2018.

Consideration of Federal land in feasibility studies

At the request of the non-Federal interest, the Secretary shall include as part of a regional or watershed study any Federal land that is located within the geographic scope of that study.

2019.

Planning assistance to States

Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended—

(1)

in subsection (a)

(A)

in paragraph (1)

(i)

by inserting or other stakeholder working with a State after cooperate with any State; and

(ii)

by inserting , including plans to comprehensively address water resources challenges, after of such State; and

(B)

in paragraph (2)(A), by striking , at Federal expense,;

(2)

in subsection (b)

(A)

in paragraph (1), by striking subsection (a)(1) each place it appears and inserting subsection (a);

(B)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(C)

by inserting after paragraph (1) the following:

(2)

Contributed funds

The Secretary may accept and expend funds in excess of the fees established under paragraph (1) that are provided by a State or other non-Federal public body for assistance under this section.

; and

(3)

in subsection (c)

(A)

in paragraph (1)

(i)

by striking $10,000,000 and inserting $30,000,000; and

(ii)

by striking $2,000,000 and inserting $5,000,000 in Federal funds; and

(B)

in paragraph (2), by striking $5,000,000 and inserting $15,000,000.

2020.

Vegetation management policy

(a)

Definition of national guidelines

In this section, the term national guidelines means the Corps of Engineers policy guidelines for management of vegetation on levees, including—

(1)

Engineering Technical Letter 1110–2–571 entitled Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures and adopted April 10, 2009; and

(2)

the draft policy guidance letter entitled Process for Requesting a Variance from Vegetation Standards for Levees and Floodwalls (77 Fed. Reg. 9637 (Feb. 17, 2012)).

(b)

Review

Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a comprehensive review of the national guidelines in order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States.

(c)

Factors

(1)

In general

In carrying out the review, the Secretary shall consider—

(A)

the varied interests and responsibilities in managing flood risks, including the need—

(i)

to provide for levee safety with limited resources; and

(ii)

to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits;

(B)

the levee safety benefits that can be provided by woody vegetation;

(C)

the preservation, protection, and enhancement of natural resources, including—

(i)

the benefit of vegetation on levees in providing habitat for endangered, threatened, and candidate species; and

(ii)

the impact of removing levee vegetation on compliance with other regulatory requirements;

(D)

protecting the rights of Indian tribes pursuant to treaties and statutes;

(E)

the available science and the historical record regarding the link between vegetation on levees and flood risk;

(F)

the avoidance of actions requiring significant economic costs and environmental impacts; and

(G)

other factors relating to the factors described in subparagraphs (A) through (F) identified in public comments that the Secretary determines to be appropriate.

(2)

Variance considerations

(A)

In general

In carrying out the review, the Secretary shall specifically consider whether the national guidelines can be amended to promote and allow for consideration of variances from national guidelines on a Statewide, tribal, regional, or watershed basis, including variances based on—

(i)

soil conditions;

(ii)

hydrologic factors;

(iii)

vegetation patterns and characteristics;

(iv)

environmental resources, including endangered, threatened, or candidate species and related regulatory requirements;

(v)

levee performance history, including historical information on original construction and subsequent operation and maintenance activities;

(vi)

any effects on water supply;

(vii)

any scientific evidence on the link between levee vegetation and levee safety;

(viii)

institutional considerations, including implementation challenges;

(ix)

the availability of limited funds for levee construction and rehabilitation;

(x)

the economic and environmental costs of removing woody vegetation on levees; and

(xi)

other relevant factors identified in public comments that the Secretary determines to be appropriate.

(B)

Scope

The scope of a variance approved by the Secretary may include a complete exemption to national guidelines, as the Secretary determines to be necessary.

(d)

Cooperation and consultation; recommendations

(1)

In general

The Secretary shall carry out the review under this section in consultation with other applicable Federal agencies, representatives of State, regional, local, and tribal governments, appropriate nongovernmental organizations, and the public.

(2)

Recommendations

The Chief of Engineers and any State, tribal, regional, or local entity may submit to the Secretary any recommendations for vegetation management policies for levees that conform with Federal and State laws, including recommendations relating to the review of national guidelines under subsection (b) and the consideration of variances under subsection (c)(2).

(e)

Peer review

(1)

In general

As part of the review, the Secretary shall solicit and consider the views of the National Academy of Engineering and the National Academy of Sciences on the engineering, environmental, and institutional considerations underlying the national guidelines, including the factors described in subsection (c) and any information obtained by the Secretary under subsection (d).

(2)

Availability of views

The views of the National Academy of Engineering and the National Academy of Sciences obtained under paragraph (1) shall be—

(A)

made available to the public; and

(B)

included in supporting materials issued in connection with the revised national guidelines required under subsection (f).

(f)

Revision of national guidelines

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall—

(A)

revise the national guidelines based on the results of the review, including—

(i)

recommendations received as part of the consultation described in subsection (d)(1); and

(ii)

the results of the peer review conducted under subsection (e); and

(B)

submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section.

(2)

Content; incorporation into manual

The revised national guidelines shall—

(A)

provide a practical, flexible process for approving Statewide, tribal, regional, or watershed variances from the national guidelines that—

(i)

reflect due consideration of the factors described in subsection (c); and

(ii)

incorporate State, tribal, and regional vegetation management guidelines for specific areas that have been adopted through a formal public process; and

(B)

be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 (33 U.S.C. 701n(c)).

(3)

Failure to meet deadlines

If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of—

(A)

why the deadline was missed;

(B)

solutions needed to meet the deadline; and

(C)

a projected date for submission of the report.

(g)

Continuation of work

Concurrent with the completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy.

(h)

Interim actions

(1)

In general

Until the date on which revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project, or any other action, unless the specific vegetation has been demonstrated to present an unacceptable safety risk.

(2)

Revisions

Beginning on the date on which the revisions to the national guidelines are adopted in accordance with subsection (f), the Secretary shall consider, on request of an affected entity, any previous action of the Corps of Engineers in which the outcome was affected by the former national guidelines.

2021.

Levee certifications

(a)

Implementation of flood protection structure accreditation task force

In carrying out section 100226 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall—

(1)

ensure that at least 1 program activity carried out under the inspection of completed works program of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision for each requirement under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); and

(2)

to the maximum extent practicable, carry out activities under the inspection of completed works program of the Corps of Engineers in alignment with the schedule established for the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ).

(b)

Accelerated levee system evaluations and certifications

(1)

In general

On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation and certification of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation and certification will be carried out earlier than such an evaluation and certification would be carried out under subsection (a).

(2)

Requirements

A levee system evaluation and certification under paragraph (1) shall—

(A)

at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on the date of enactment of this Act); and

(B)

be carried out in accordance with such procedures as the Secretary, in consultation with the Director of the Federal Emergency Management Agency, may establish.

(3)

Cost Sharing

(A)

Non-Federal share

Subject to subparagraph (B), the non-Federal share of the cost of carrying out a levee system evaluation and certification under this subsection shall be 35 percent.

(B)

Adjustment

The Secretary shall adjust the non-Federal share of the cost of carrying out a levee system evaluation and certification under this subsection in accordance with section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)).

(4)

Application

Nothing in this subsection affects the requirement under section 100226(b)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101 note; 126 Stat. 942).

2022.

Restoration of flood and hurricane storm damage reduction projects

(a)

In general

The Secretary shall carry out any measures necessary to restore components of federally authorized and federally constructed flood and hurricane storm damage reduction projects to authorized levels of protection for reasons including settlement, subsidence, sea level rise, and new datum, if the Secretary determines the necessary work is feasible.

(b)

Cost share

The non-Federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213).

(c)

Operations and maintenance

The non-Federal share of the cost of operations, maintenance, repair, replacement, and rehabilitation for a project carried out under this section shall be 100 percent.

(d)

Eligibility of projects transferred to non-Federal interest

The Secretary may carry out measures described in subsection (a) on a water resources project, separable element of a project, or functional component of a project that has been transferred to the non-Federal interest.

(e)

Report to Congress

Not later than 8 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 a report on the implementation of this section, including—

(1)

any recommendations relating to the continued need for the authority provided in this section;

(2)

a description of the measures carried out under this section;

(3)

any lessons learned relating to the measures implemented under this section; and

(4)

best practices for carrying out measures to restore flood damage reduction projects.

(f)

Termination of authority

The authority to carry out a measure under this section terminates on the date that is 10 years after the date of enactment of this Act.

(g)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $250,000,000.

2023.

Operation and maintenance of certain projects

The Secretary may assume operation and maintenance activities for a navigation channel that is deepened by a non-Federal interest prior to December 31, 2012, if—

(1)

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;

(2)

the Secretary determines that the activities carried out by the non-Federal interest in deepening the navigation channel are economically justified and environmentally acceptable; and

(3)

the deepening activities have been carried out on a Federal navigation channel that—

(A)

exists as of the date of enactment of this Act; and

(B)

has been authorized by Congress.

2024.

Dredging study

(a)

In general

The Secretary, in conjunction with other relevant Federal agencies and applicable non-Federal interests, shall carry out a study—

(1)

to compare domestic and international dredging markets, including costs, technologies, and management approaches used in each respective market, and determine the impacts of those markets on dredging needs and practices in the United States;

(2)

to analyze past and existing practices, technologies, and management approaches used in dredging in the United States; and

(3)

to develop recommendations relating to the best techniques, practices, and management approaches for dredging in the United States.

(b)

Purposes

The purposes of the study under this section are—

(1)

the identification of the best techniques, methods, and technologies for dredging, including the evaluation of the feasibility, cost, and benefits of—

(A)

new dredging technologies; and

(B)

improved dredging practices and techniques;

(2)

the appraisal of the needs of the United States for dredging, including the need to increase the size of private and Corps of Engineers dredging fleets to meet demands for additional construction or maintenance dredging needed as of the date of enactment of this Act and in the subsequent 20 years;

(3)

the identification of any impediments to dredging, including any recommendations of appropriate alternatives for responding to those impediments;

(4)

the assessment, including any recommendations of appropriate alternatives, of the adequacy and effectiveness of—

(A)

the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers and private dredging operations for dredging; and

(B)

the current cost structure of construction contracts entered into by the Chief of Engineers;

(5)

the evaluation of the efficiency and effectiveness of past, current, and alternative dredging practices and alternatives to dredging, including agitation dredging; and

(6)

the identification of innovative techniques and cost-effective methods to expand regional sediment management efforts, including the placement of dredged sediment within river diversions to accelerate the creation of wetlands.

(c)

Study team

(1)

In general

The Secretary shall establish a study team to assist the Secretary in planning, carrying out, and reporting on the results of the study under this section.

(2)

Study team

The study team established pursuant to paragraph (1) shall—

(A)

be appointed by the Secretary; and

(B)

represent a broad spectrum of experts in the field of dredging and representatives of relevant State agencies and relevant non-Federal interests.

(d)

Public comment period

The Secretary shall—

(1)

make available to the public, including on the Internet, all draft and final study findings under this section; and

(2)

allow for a public comment period of not less than 30 days on any draft study findings prior to issuing final study findings.

(e)

Report to congress

Not later than 2 years after the date of enactment of this Act, and subject to available appropriations, the Secretary, in consultation with the study team established under subsection (c), shall submit a detailed report on the results of the study to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(f)

Failure To meet deadlines

If the Secretary does not complete the study under this section and submit a report to Congress under subsection (e) on or before the deadline described in that subsection, the Secretary shall notify Congress and describe why the study was not completed.

2025.

Non-Federal project implementation pilot program

(a)

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, and coastal harbor and channel and inland harbor navigation projects.

(b)

Purposes

The purposes of the pilot program are—

(1)

to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects;

(2)

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

(3)

to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.

(c)

Administration

(1)

In general

In carrying out the pilot program, the Secretary shall—

(A)

identify a total of not more than 12 projects for flood risk management, hurricane and storm damage reduction, including levees, floodwalls, flood control channels, water control structures, and coastal harbor and channel and inland harbor navigation, that have been authorized for construction prior to the date of enactment of this Act that—

(i)
(I)

have received Federal funds prior to the date of enactment of this Act; or

(II)

for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and

(ii)

to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers;

(B)

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;

(C)

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;

(D)

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;

(E)

following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project—

(i)

if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and

(ii)

additional amounts, as determined by the Secretary, from amounts made available under subsection (h), 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

(F)

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.

(2)

Detailed project schedule

Not later than 180 days after entering into an agreement under paragraph (1)(D), 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 each milestone in the construction of the project.

(3)

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 the Secretary for the technical assistance and compensates the Secretary for the technical assistance, relating to—

(A)

any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this section; and

(B)

expeditiously obtaining any permits necessary for the project.

(d)

Cost-Share

Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this section.

(e)

Report

(1)

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 a report detailing the results of the pilot program carried out under this section, including—

(A)

a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(2); and

(B)

any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.

(2)

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 paragraph (1).

(3)

Failure to meet deadline

If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.

(f)

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 section.

(g)

Termination of Authority

The authority to commence a project under this section terminates on the date that is 5 years after the date of enactment of this Act.

(h)

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 section, including the costs of administration of the Secretary , $25,000,000 for each of fiscal years 2014 through 2018.

2026.

Non-Federal implementation of feasibility studies

(a)

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, ecosystem restoration, and coastal harbor and channel and inland harbor navigation.

(b)

Purposes

The purposes of the pilot program are—

(1)

to identify project delivery and cost-saving alternatives to the existing feasibility study process;

(2)

to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and

(3)

to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.

(c)

Administration

(1)

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—

(A)

flood risk management;

(B)

hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures;

(C)

coastal harbor and channel and inland harbor navigation; and

(D)

ecosystem restoration.

(2)

Use of non-Federal funds

(A)

In general

A non-Federal interest that has entered into an agreement with the Secretary pursuant to paragraph (1) may use non-Federal funds to carry out the feasibility study.

(B)

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 section an amount equal to the portion of the cost of developing the study that would have been the responsibility of the Secretary, if the study were carried out by the Secretary, subject to the conditions that—

(i)

non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary;

(ii)

the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and

(iii)

the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under paragraph (1).

(3)

Transfer of funds

(A)

In general

After the date on which an agreement is executed pursuant to paragraph (1), the Secretary may transfer to the non-Federal interest to carry out the feasibility study—

(i)

if applicable, the balance of any unobligated amounts appropriated for the study, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and

(ii)

additional amounts, as determined by the Secretary, from amounts made available under subsection (h), 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.

(B)

Administration

The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under paragraph (1) to ensure that a non-Federal interest receiving Federal funds under this paragraph—

(i)

has the necessary qualifications to administer those funds; and

(ii)

will comply with all applicable Federal laws (including regulations) relating to the use of those funds.

(4)

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.

(5)

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 paragraph (3) are used in compliance with the agreement signed under paragraph (1).

(6)

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.

(7)

Detailed project schedule

Not later than 180 days after entering into an agreement under paragraph (1), 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.

(d)

Cost-Share

Nothing in this section 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 section.

(e)

Report

(1)

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 a report detailing the results of the pilot program carried out under this section, including—

(A)

a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(7); and

(B)

any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.

(2)

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 paragraph (1).

(3)

Failure to meet deadline

If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report.

(f)

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 section.

(g)

Termination of authority

The authority to commence a feasibility study under this section terminates on the date that is 5 years after the date of enactment of this Act.

(h)

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 section, including the costs of administration of the Secretary , $25,000,000 for each of fiscal years 2014 through 2018.

2027.

Tribal partnership program

Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended—

(1)

in subsection (d)(1)(B)

(A)

by striking The ability and inserting the following:

(i)

In general

The ability

; and

(B)

by adding at the end the following:

(ii)

Determination

Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013 , the Secretary shall issue guidance on the procedures described in clause (i).

; and

(2)

in subsection (e), by striking 2012 and inserting 2023.

2028.

Cooperative agreements with Columbia River Basin Indian tribes

The Secretary may enter into a cooperative agreement with 1 or more federally recognized Indian tribes (or a designated representative of the Indian tribes) that are located, in whole or in part, within the boundaries of the Columbia River Basin to carry out authorized activities within the Columbia River Basin to protect fish, wildlife, water quality, and cultural resources.

2029.

Military munitions response actions at civil works shoreline protection projects

(a)

In general

The Secretary may implement any response action the Secretary determines to be necessary at a site where—

(1)

the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach;

(2)

as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.

(b)

Response action funding

A response action described in subsection (a) shall be funded from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.

2030.

Beach nourishment

Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended to read as follows:

156.

Beach nourishment

(a)

In general

The Secretary of the Army, acting through the Chief of Engineers, may provide periodic beach nourishment for each water resources development project for which that nourishment has been authorized for an additional period of time, as determined by the Secretary, subject to the condition that the additional period shall not exceed the later of—

(1)

50 years after the date on which the construction of the project is initiated; or

(2)

the date on which the last estimated periodic nourishment for the project is to be carried out, as recommended in the applicable report of the Chief of Engineers.

(b)

Extension

Before the end of the 50-year period referred to in subsection (a)(1), the Secretary of the Army, acting through the Chief of Engineers

(1)

may, at the request of the non-Federal interest and subject to the availability of appropriations, carry out a review of a nourishment project carried out under subsection (a) to evaluate the feasibility of continuing Federal participation in the project for a period not to exceed 15 years; and

(2)

shall submit to Congress any recommendations of the Secretary relating to the review.

.

2031.

Regional sediment management

Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) (as amended by section 2003(c)) is amended—

(1)

in subsection (a)

(A)

in paragraph (1), by inserting or used in after obtained through; and

(B)

in paragraph (3)(C), by inserting for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies before the period at the end;

(2)

in subsection (c)(1)(B)

(A)

in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ;

(B)

by redesignating clause (ii) as clause (iii); and

(C)

by inserting after clause (i) the following:

(ii)

Reduction in non-Federal share

The Secretary may reduce the non-Federal share of the costs of construction of a project if the Secretary determines that, through the beneficial use of sediment at another Federal project, there will be an associated reduction or avoidance of Federal costs.

;

(3)

in subsection (d)

(A)

by striking the subsection designation and heading and inserting the following:

(d)

Selection of Dredged Material Disposal Method for Purposes Related to Environmental Restoration or Storm Damage and Flood Reduction

; and

(B)

in paragraph (1), by striking in relation to and all that follows through the period at the end and inserting “in relation to—

(A)

the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or

(B)

the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.

; and

(4)

in subsection (e), by striking paragraph (1) and inserting the following:

(1)

cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;

.

2032.

Study acceleration

(a)

Findings

Congress finds that—

(1)

delays in the completion of feasibility studies—

(A)

increase costs for the Federal Government as well as State and local governments; and

(B)

delay the implementation of water resources projects that provide critical benefits, including reducing flood risk, maintaining commercially important flood risk, and restoring vital ecosystems; and

(2)

the efforts undertaken by the Corps of Engineers through the establishment of the 3–3–3 planning process should be continued.

(b)

Acceleration of Studies

(1)

In general

Subject to paragraphs (2) and (3), a feasibility study initiated after the date of enactment of this Act shall—

(A)

be completed not later than 3 years after the date of initiation of the study; and

(B)

have a maximum Federal cost share of $3,000,000.

(2)

Ability to comply

On initiating a feasibility study under paragraph (1), the Secretary shall—

(A)

certify that the study will comply with the requirements of paragraph (1);

(B)

for projects the Secretary determines to be too complex to comply with the requirements of paragraph (1)

(i)

not less than 30 days after making a determination, notify the non-Federal interest regarding the inability to comply; and

(ii)

provide a new projected timeline and cost; and

(C)

if the study conditions have changed such that scheduled timelines or study costs will not be met—

(i)

not later than 30 days after the study conditions change, notify the non-Federal interest of those changed conditions; and

(ii)

present the non-Federal interest with a new timeline for completion and new projected study costs.

(3)

Appropriations

(A)

In general

All timeline and cost conditions under this section shall be subject to the Secretary receiving adequate appropriations for meeting study timeline and cost requirements.

(B)

Notification

Not later than 60 days after receiving appropriations, the Secretary shall notify the non-Federal interest of any changes to timelines or costs due to inadequate appropriations.

(c)

Report

Not later than 18 months after the date of enactment of this Act 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—

(1)

the status of the implementation of the 3–3–3 planning process, including the number of participating projects;

(2)

the amount of time taken to complete all studies participating in the 3–3–3 planning process; and

(3)

any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects.

2033.

Project acceleration

Section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348) is amended to read as follows:

2045.

Project acceleration

(a)

Definitions

In this section:

(1)

Environmental impact statement

The term environmental impact statement means the detailed statement of environmental impacts of water resources projects required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).

(2)

Environmental review process

(A)

In general

The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a water resources project.

(B)

Inclusions

The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a water resources project under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).

(3)

Lead agency

The term lead agency means the Corps of Engineers and, if applicable, any State, local, or tribal governmental entity serving as a joint lead agency pursuant to this section.

(b)

Policy

The benefits of water resources projects are important to the economy and environment of the United States, and recommendations to Congress regarding those projects should be accelerated by coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the development and implementation of those water resources projects.

(c)

Applicability

(1)

In general

The project development procedures under this section apply to the development of projects initiated after the date of enactment of the Water Resources Development Act of 2013 and for which the Secretary determines that—

(A)

an environmental impact statement is required; or

(B)

at the discretion of the Secretary, other water resources projects for which an environmental review process document is required to be prepared.

(2)

Flexibility

Any authorities granted in this section may be exercised, and any requirements established under this section may be satisfied, for the development of a water resources project, a class of those projects, or a program of those projects.

(3)

List of water resources development projects

(A)

In general

The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined—

(i)

meets the standards described in paragraph (1); and

(ii)

does not have adequate funding to make substantial progress toward the completion of the planning activities for the water resources project.

(B)

Inclusions

The Secretary shall include for each study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the study.

(4)

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 water resources project, guidance documents that describe the processes that the Secretary will use to implement this section, in accordance with the civil works program of the Corps of Engineers and all applicable law.

(d)

Water resources project review process

The Secretary shall develop and implement a coordinated review process for the development of water resources projects.

(e)

Identification of jurisdictional agencies

With respect to the development of each water resources project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may—

(1)

have jurisdiction over the project;

(2)

be required by law to conduct or issue a review, analysis, or opinion for the project; or

(3)

be required to make a determination on issuing a permit, license, or approval for the project.

(f)

State authority

If the coordinated review process is being implemented under this section by the Secretary with respect to the development of a water resources project described in subsection (c) within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that—

(1)

have jurisdiction over the project;

(2)

are required to conduct or issue a review, analysis, or opinion for the project; or

(3)

are required to make a determination on issuing a permit, license, or approval for the project.

(g)

Lead agencies

(1)

Federal lead agency

Subject to paragraph (2), the Corps of Engineers shall be the lead Federal agency in the environmental review process for a water resources project.

(2)

Joint lead agencies

(A)

In general

At the discretion of the Secretary and subject to any applicable regulations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an agency other than the Corps of Engineers may serve as the joint lead agency.

(B)

Non-Federal interest as joint lead agency

A non-Federal interest that is a State or local governmental entity—

(i)

may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(ii)

may prepare any environmental review process document required in support of any action or approval by the Secretary if—

(I)

the Corps of Engineers provides guidance in the preparation process and independently evaluates that document; and

(II)

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.

(3)

Duties

The Secretary shall ensure that—

(A)

the non-Federal interest complies with all design and mitigation commitments made jointly by the Secretary and the non-Federal interest in any environmental document prepared by the non-Federal interest in accordance with this subsection; and

(B)

any environmental document prepared by the non-Federal interest is appropriately supplemented if changes to the water resources project become necessary.

(4)

Adoption and use of documents

Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency.

(5)

Roles and responsibility of lead agency

With respect to the environmental review process for any water resources project, the lead agency shall have authority and responsibility—

(A)

to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resources project; and

(B)

to prepare or ensure that any required environmental impact statement or other environmental review document for a water resources project 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.

(h)

Participating agencies

(1)

Invitation

(A)

In general

The lead agency shall identify, as early as practicable in the environmental review process for a water resources project, any other Federal or non-Federal agencies that may have an interest in that project and invite those agencies to become participating agencies in the environmental review process for the water resources project.

(B)

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 lead agency for good cause.

(2)

Federal participating agencies

Any Federal agency that is invited by the lead agency to participate in the environmental review process for a water resources project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation that the invited agency—

(A)

has no jurisdiction or authority with respect to the water resources project;

(B)

has no expertise or information relevant to the water resources project;

(C)

does not intend to submit comments on the water resources project; and

(D)

does not have adequate funds to participate in the water resources project.

(3)

Effect of designation

Designation as a participating agency under this subsection shall not imply that the participating agency—

(A)

supports a proposed water resources project; or

(B)

has any jurisdiction over, or special expertise with respect to evaluation of, the water resources project.

(4)

Concurrent reviews

Each participating agency shall—

(A)

carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would impair the ability of the Federal agency to conduct needed analysis or otherwise carry out those obligations; and

(B)

formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.

(i)

Programmatic compliance

(1)

In general

The Secretary shall issue guidance to allow for the use of programmatic approaches to carry out the environmental review process that—

(A)

eliminates repetitive discussions of the same issues;

(B)

focuses on the actual issues ripe for analyses at each level of review;

(C)

establishes a formal process for coordinating with participating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and

(D)

is consistent with—

(i)

the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and

(ii)

other applicable laws.

(2)

Requirements

In carrying out paragraph (1), the Secretary shall—

(A)

as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches;

(B)

emphasize the importance of collaboration among relevant Federal agencies, State agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope;

(C)

ensure that the programmatic reviews—

(i)

promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, or tribal agencies, or the public, and the temporal and special scales to be used to analyze those issues;

(ii)

use accurate and timely information in the environmental review process, including—

(I)

criteria for determining the general duration of the usefulness of the review; and

(II)

the timeline for updating any out-of-date review;

(iii)

describe—

(I)

the relationship between programmatic analysis and future tiered analysis; and

(II)

the role of the public in the creation of future tiered analysis; and

(iv)

are available to other relevant Federal and State agencies, Indian tribes, and the public;

(D)

allow not fewer than 60 days of public notice and comment on any proposed guidance; and

(E)

address any comments received under subparagraph (D).

(j)

Coordinated reviews

(1)

Coordination plan

(A)

Establishment

(i)

In general

The lead agency shall establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a water resources project or a category of water resources projects.

(ii)

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) ).

(2)

Comment deadlines

The lead agency shall establish the following deadlines for comment during the environmental review process for a project:

(A)

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—

(i)

a different deadline is established by agreement of the lead agency, the non-Federal interest, as applicable, and all participating agencies; or

(ii)

the deadline is extended by the lead agency for good cause.

(B)

Other environmental review processes

For all comment periods established by the lead agency for agency or public comments in the environmental review process other than for a draft environmental impact statement, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless—

(i)

a different deadline is established by agreement of the lead agency, the non-Federal interest, and all participating agencies; or

(ii)

the deadline is extended by the lead agency for good cause.

(3)

Deadlines for decisions under other laws

In any case in which a decision under any Federal law relating to a project, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (k)(6)(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

(A)

as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and

(B)

every 60 days thereafter until such date as all decisions of the Federal agency relating to the project 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.

(4)

Involvement of the public

Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law (including regulations).

(k)

Issue identification and resolution

(1)

Cooperation

The lead agency and the 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 under applicable laws.

(2)

Lead agency responsibilities

(A)

In general

The lead agency shall make information available to the 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.

(B)

Data sources

The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping.

(3)

Participating agency responsibilities

Based on information received from the lead agency, 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.

(4)

Interim decision on achieving accelerated decisionmaking

(A)

In general

Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the non-Federal interest or joint lead agency, as applicable, relevant resource agencies, and relevant Federal and State agencies to establish a schedule of deadlines to complete decisions regarding the project.

(B)

Deadlines

(i)

In general

The deadlines referred to in subparagraph (A) shall be those established by the Secretary, in consultation with the non-Federal interest or joint lead agency, as applicable, and other relevant Federal and State agencies.

(ii)

Factors for consideration

In establishing a schedule, the Secretary shall consider factors such as—

(I)

the responsibilities of participating agencies under applicable laws;

(II)

the resources available to the non-Federal interest, joint lead agency, and other relevant Federal and State agencies, as applicable;

(III)

the overall size and complexity of the project;

(IV)

the overall schedule for and cost of the project; and

(V)

the sensitivity of the natural and historical resources that could be affected by the project.

(iii)

Modifications

The Secretary may—

(I)

lengthen a schedule under clause (i) for good cause; and

(II)

shorten a schedule only with concurrence of the affected non-Federal interest, joint agency, or relevant Federal and State agencies, as applicable.

(C)

Failure to meet deadline

If the agencies described in subparagraph (A) cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) before the completion of the record of decision.

(5)

Accelerated issue resolution and referral

(A)

Agency issue resolution meeting

(i)

In general

A participating agency or non-Federal interest may request an issue resolution meeting to be conducted by the Secretary.

(ii)

Action by Secretary

The Secretary shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the non-Federal interest, as applicable, to resolve issues that could—

(I)

delay completion of the environmental review process; or

(II)

result in denial of any approvals required for the project under applicable laws.

(iii)

Date

A meeting requested under this subparagraph 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.

(iv)

Notification

On receipt of a request for a meeting under this subparagraph, the Secretary shall notify all relevant participating agencies of the request, including the issue to be resolved and the date for the meeting.

(v)

Disputes

If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the Secretary disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution.

(vi)

Convention by lead agency

The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under clause (i).

(vii)

Exception

(I)

In general

The issue resolution and referral process under this subparagraph shall not be initiated if the applicable agency—

(aa)

certifies that—

(AA)

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;

(BB)

significant new information 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

(CC)

the agency lacks the financial resources to complete the review under the scheduled timeframe, 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 there is not enough funding available to complete the review by the deadline; and

(bb)

establishes a new deadline for completion of the review.

(II)

Inspector General

If the applicable agency makes a certification under subclause (I)(aa)(CC), the Inspector General of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within 90 days to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(B)

Elevation of issue resolution

(i)

In general

If issue resolution is not achieved by not later than 30 days after the date on which a relevant meeting is held under subparagraph (A), the Secretary shall notify the heads of the relevant participating agencies and the non-Federal interest that an issue resolution meeting will be convened.

(ii)

Requirements

The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date on which the notice is issued.

(C)

Referral of issue resolution

(i)

Referral to council on environmental quality

(I)

In general

If a resolution is not achieved by not later than 30 days after the date on which an issue resolution meeting is held under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality.

(II)

Meeting

Not later than 30 days after the date on which the Council on Environmental Quality receives a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies and the non-Federal interest.

(ii)

Referral to the president

If a resolution of the issue is not achieved by not later than 30 days after the date on which an issue resolution meeting is convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.

(6)

Financial penalty provisions

(A)

In general

A Federal agency with jurisdiction over an approval required for a project under applicable Federal laws (including regulations) shall complete any required approval on an expeditious basis using the shortest existing applicable process.

(B)

Failure to decide

(i)

In general

If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), an amount of funding equal to the amounts specified in subclause (I) or (II) shall be transferred from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law to the agency or division charged with rendering a decision regarding the application 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)

(I)

$20,000 for any project requiring the preparation of an environmental assessment or environmental impact statement; or

(II)

$10,000 for any project 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.

(ii)

Description of date

The date referred to in clause (i) is the later of—

(I)

the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and

(II)

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.).

(C)

Limitations

(i)

In general

No transfer of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office.

(ii)

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.

(D)

No fault of agency

A transfer of funds under this paragraph shall not be made if—

(i)

the applicable agency described in subparagraph (A) certifies that—

(I)

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;

(II)

significant new information 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

(III)

the agency lacks the financial resources to complete the review under the scheduled timeframe, 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 there is not enough funding available to complete the review by the deadline; and

(ii)

if the applicable agency makes a certification under clause (i)(III), the Inspector General of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within 90 days to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(E)

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.

(F)

Audits

In any fiscal year in which any funds are transferred from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall—

(i)

conduct an audit to assess compliance with the requirements of this paragraph; and

(ii)

not later than 120 days after the end of the fiscal year in which the transfer occurred, 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 describing the reasons why the transfers were levied, including allocations of resources.

(G)

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.

(l)

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.

(m)

Memorandum of Agreements for Early Coordination

(1)

Sense of Congress

It is the sense of Congress that—

(A)

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 water resources 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 water resources project development decisions reflect environmental values; and

(B)

the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and non-Federal interests of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.

(2)

Technical assistance

If requested at any time by a State or non-Federal interest, 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 non-Federal interest in carrying out early coordination activities.

(3)

Memorandum of agency agreement

If requested at any time by a State or non-Federal interest, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the non-Federal interest, 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.

(n)

Limitations

Nothing in this section preempts, supersedes, amends, modifies, or interferes with—

(1)

any statutory requirement for seeking public comment;

(2)

any power, jurisdiction, or authority that a Federal, State, or local government agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project;

(3)

any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the regulations issued by the Council on Environmental Quality to carry out that Act or any other Federal environmental law;

(4)

the reviewability of any final Federal agency action in a court of the United States or in the court of any State;

(5)

any practice of seeking, considering, or responding to public comment; or

(6)

any power, jurisdiction, responsibility, or authority that a Federal, State, or local governmental agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project or any other provision of law applicable to water resources development projects.

(o)

Categorical exclusions

(1)

In general

Not later than 180 days after the date of enactment of this subsection, the Secretary shall—

(A)

survey the use by the Corps of Engineers of categorical exclusions in water resources projects since 2005;

(B)

publish a review of the survey that includes a description of—

(i)

the types of actions categorically excluded; and

(ii)

any requests previously received by the Secretary for new categorical exclusions; and

(C)

solicit requests from other Federal agencies and non-Federal interests for new categorical exclusions.

(2)

New categorical exclusions

Not later than 1 year after the date of enactment of this subsection, if the Secretary has identified a categorical exclusion that did not exist on the day before the date of enactment of this subsection 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).

(p)

Review of water resources project acceleration reforms

(1)

In general

The Comptroller General of the United States shall—

(A)

assess the reforms carried out under this section; and

(B)

not later than 5 years after the date of enactment of this subsection, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the results of the assessment.

(2)

Inspector General report

The Inspector General of the Corps of Engineers shall—

(A)

assess the reforms carried out under this section; and

(B)

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate

(i)

not later than 2 years after the date of enactment of this subsection, an initial report of the findings of the Inspector General; and

(ii)

not later than 4 years after the date of enactment of this subsection, a final report of the findings.

.

2034.

Feasibility studies

Section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:

(g)

Detailed project schedule

(1)

In general

Not later than 180 days after the date of enactment of this subsection, the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods.

(2)

Detailed project schedule milestones

Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1).

(3)

Non-Federal interest notification

Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest—

(A)

for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009, and ending on the date of enactment of this section, not later than 180 days after the establishment of milestones under paragraph (1); and

(B)

for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.

(4)

Congressional and public notification

Beginning in the first full fiscal year after the date of enactment of this Act, the Secretary shall—

(A)

submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date on which a report is submitted to Congress.

(5)

Failure to Act

If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—

(A)

not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—

(i)

why the District Engineer failed to meet the deadline; and

(ii)

a revised project schedule reflecting amended deadlines for the feasibility study; and

(B)

not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).

.

2035.

Accounting and administrative expenses

(a)

In general

On the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest a detailed accounting of the Federal expenses associated with a water resources project.

(b)

Study

(1)

In general

The Secretary shall contract with the National Academy of Public Administration to carry out a study on the efficiency of the Corps Engineers current staff salaries and administrative expense procedures as compared to using a separate administrative expense account.

(2)

Contents

The study under paragraph (1) shall include any recommendations of the National Academy of Public Administration for improvements to the budgeting and administrative processes that will increase the efficiency of the Corps of Engineers project delivery.

2036.

Determination of project completion

(a)

In general

The Secretary shall transfer to the non-Federal interest the responsibility for the operation and maintenance of any water resources project for which operation and maintenance is required of the non-Federal interest or separable element or functional portion of that water resources project on such date that the Secretary determines that the project is complete.

(b)

Non-Federal interest appeal of determination

(1)

In general

Not later than 7 days after receiving a notification under subparagraph (a), the non-Federal interest may appeal the completion determination of the Secretary in writing.

(2)

Independent review

(A)

In general

On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to determine whether the applicable water resources project or separable element or functional portion of the water resources project is complete.

(B)

Timeline

An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).

2037.

Project partnership agreements

(a)

In general

The Secretary shall contract with the National Academy of Public Administration to carry out a comprehensive review of the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template, which shall include—

(1)

a review 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;

(2)

an evaluation of how the concerns of a non-Federal interest relating to the Project Partnership Agreement and suggestions for modifications to the Project Partnership Agreement made by a non-Federal interest are accommodated;

(3)

recommendations for how the concerns and modifications described in paragraph (2) can be better accommodated;

(4)

recommendations for how the Project Partnership Agreement template can be made more efficient; and

(5)

recommendations for how to make the process for preparing, negotiating, and approving Project Partnership Agreements more efficient.

(b)

Report

The Secretary shall submit a report describing 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.

2038.

Interagency and international support authority

Section 234 of the Water Resources Development Act of 1996 (33 U.S.C. 2323a) is amended—

(1)

in subsection (a), by striking other Federal agencies, and inserting Federal departments or agencies, nongovernmental organizations,;

(2)

in subsection (b), by inserting or foreign governments after organizations;

(3)

in subsection (c), by inserting and restoration after protection; and

(4)

in subsection (d)

(A)

in the first sentence—

(i)

by striking There is and inserting (1) In general.—There is; and

(ii)

by striking 2008 and inserting 2014; and

(B)

in the second sentence—

(i)

by striking The Secretary and inserting (2) Acceptance of funds.—The Secretary; and

(ii)

by striking other Federal agencies and inserting Federal departments or agencies, nongovernmental organizations.

2039.

Acceptance of contributed funds to increase lock operations

(a)

In general

The Secretary, after providing public notice, shall establish a pilot program for the acceptance and expenditure of funds contributed by non-Federal interests to increase the hours of operation of locks at water resources development projects.

(b)

Applicability

The establishment of the pilot program under this section shall not affect the periodic review and adjustment of hours of operation of locks based on increases in commercial traffic carried out by the Secretary.

(c)

Public comment

Not later than 180 days before a proposed modification to the operation of a lock at a water resources development project will be carried out, the Secretary shall—

(1)

publish the proposed modification in the Federal Register; and

(2)

accept public comment on the proposed modification.

(d)

Reports

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations.

(2)

Review of pilot program

Not later than September 30, 2017 and each year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes the effectiveness of the pilot program under this section.

(e)

Annual review

The Secretary shall carry out an annual review of the commercial use of locks and make any necessary adjustments to lock operations based on that review.

(f)

Termination

The authority to accept funds under this section shall terminate 5 years after the date of enactment of this Act.

2040.

Emergency response to natural disasters

(a)

In general

Section 5(a)(1) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 (33 U.S.C. 701n(a)(1)), is amended in the first sentence by striking structure damaged or destroyed by wind, wave, or water action of other than an ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for the adequate functioning of the structure for hurricane or shore protection and inserting structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, subject to the condition that the Chief of Engineers may include modifications to the structure or project to address major deficiencies.

(b)

Report

(1)

In general

Not later than 1 year after the date of enactment of this Act and 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 a report detailing the amounts expended in the previous 5 fiscal years to carry out Corps of Engineers projects under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 (33 U.S.C. 701n).

(2)

Inclusions

A report under paragraph (1) shall, at a minimum, include a description of—

(A)

each project for which amounts are expended, including the type of project and cost of the project; and

(B)

how the Secretary has restored or intends to restore the project to the design level of protection for the project.

2041.

Systemwide improvement frameworks

A levee system shall remain eligible for rehabilitation assistance under the authority provided by section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes (33 U.S.C. 701n) as long as the levee system sponsor continues to make satisfactory progress, as determined by the Secretary, on an approved systemwide improvement framework or letter of intent.

2042.

Funding to process permits

Section 214 of the Water Resources Development Act of 2000 (Public Law 106–541; 33 U.S.C. 2201 note) is amended by striking subsections (d) and (e) and inserting the following:

(d)

Public availability

(1)

In general

The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary.

(2)

Decision document

The Secretary shall—

(A)

use a standard decision document for evaluating all permits using funds accepted under this section; and

(B)

make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.

(3)

Agreements

The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.

(e)

Reporting

(1)

In general

The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section—

(A)

a comprehensive list of any funds accepted under this section during the previous fiscal year;

(B)

a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and

(C)

a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section.

(2)

Submission

Not later than 90 days after the end of each fiscal year, the Secretary shall—

(A)

submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and

(B)

make each report received under subparagraph (A) available on a single publicly accessible Internet site.

.

2043.

National riverbank stabilization and erosion prevention study and pilot program

(a)

Definition of inland and intracoastal waterway

In this section, the term inland and intracoastal waterway means the inland and intracoastal waterways of the United States described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).

(b)

Pilot program

The Secretary

(1)

is authorized to study issues relating to riverbank stabilization and erosion prevention along inland and intracoastal waterways; and

(2)

shall establish and carry out for a period of 5 fiscal years a national riverbank stabilization and erosion prevention pilot program to address riverbank erosion along inland and intracoastal waterways.

(c)

Study

(1)

In general

The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall carry out a study of the options and technologies available to prevent the erosion and degradation of riverbanks along inland and intracoastal waterways.

(2)

Contents

The study shall—

(A)

evaluate the nature and extent of the damages resulting from riverbank erosion along inland and intracoastal waterways throughout the United States;

(B)

identify specific inland and intracoastal waterways and affected wetland areas with the most urgent need for restoration;

(C)

analyze any legal requirements with regard to maintenance of bank lines of inland and intracoastal waterways, including a comparison of Federal, State, and private obligations and practices;

(D)

assess and compare policies and management practices to protect surface areas adjacent to inland and intracoastal waterways applied by various Districts of the Corps of Engineers; and

(E)

make any recommendations the Secretary determines to be appropriate.

(d)

Riverbank stabilization and erosion prevention pilot program

(1)

In general

The Secretary shall develop a pilot program for the construction of riverbank stabilization and erosion prevention projects on public land along inland and intracoastal waterways if the Secretary determines that the projects are feasible and lower maintenance costs of those inland and intracoastal waterways.

(2)

Pilot program goals

A project under the pilot program shall, to the maximum extent practicable—

(A)

develop or demonstrate innovative technologies;

(B)

implement efficient designs to prevent erosion at a riverbank site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization;

(C)

prioritize natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the riverbank;

(D)

avoid negative impacts to adjacent communities;

(E)

identify the potential for long-term protection afforded by the innovative technology; and

(F)

provide additional benefits, including reduction of flood risk.

(3)

Project Selections

The Secretary shall develop criteria for the selection of projects under the pilot program, including criteria based on—

(A)

the extent of damage and land loss resulting from riverbank erosion;

(B)

the rate of erosion;

(C)

the significant threat of future flood risk to public or private property, public infrastructure, or public safety;

(D)

the destruction of natural resources or habitats; and

(E)

the potential cost-savings for maintenance of the channel.

(4)

Consultation

The Secretary shall carry out the pilot program in consultation with—

(A)

Federal, State, and local governments;

(B)

nongovernmental organizations; and

(C)

applicable university research facilities.

(5)

Report

Not later than 1 year after the first fiscal year for which amounts to carry out this section are appropriated, and every year thereafter, the Secretary shall prepare 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 report describing—

(A)

the activities carried out and accomplishments made under the pilot program since the previous report under this paragraph; and

(B)

any recommendations of the Secretary relating to the program.

(e)

Authorization of Appropriations

There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2019.

2044.

Hurricane and storm damage risk reduction prioritization

(a)

Purposes

The purposes of this section are—

(1)

to provide adequate levels of protection to communities impacted by natural disasters, including hurricanes, tropical storms, and other related extreme weather events; and

(2)

to expedite critical water resources projects in communities that have historically been and continue to remain susceptible to extreme weather events.

(b)

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—

(1)

address an imminent threat to life and property;

(2)

prevent storm surge from inundating populated areas;

(3)

prevent the loss of coastal wetlands that help reduce the impact of storm surge;

(4)

protect emergency hurricane evacuation routes or shelters;

(5)

prevent adverse impacts to publicly owned or funded infrastructure and assets;

(6)

minimize disaster relief costs to the Federal Government; and

(7)

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).

(c)

Expedited consideration of currently authorized projects

Not later than 180 days after the date of enactment of this Act, the Secretary shall—

(1)

submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all—

(A)

ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost share agreements and have received Federal funds since 2009; and

(B)

authorized hurricane and storm damage reduction projects that—

(i)

have been authorized for more than 20 years but are less than 75 percent complete; or

(ii)

are undergoing a post-authorization change report, general reevaluation report, or limited reevaluation report;

(2)

identify those projects on the list required under paragraph (1) that meet the criteria described in subsection (b); and

(3)

provide a plan for expeditiously completing the projects identified under paragraph (2), subject to available funding.

(d)

Prioritization of new studies for hurricane and storm damage risk reduction

In selecting new studies for hurricane and storm damage reduction to propose to Congress under section 4002, the Secretary shall give priority to studies—

(1)

that—

(A)

have been recommended in a comprehensive hurricane protection study carried out by the Corps of Engineers; or

(B)

are included in a State plan or program for hurricane, storm damage reduction, flood control, coastal protection, conservation, or restoration, that is created in consultation with the Corps of Engineers or other relevant Federal agencies; and

(2)

for areas 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).

2045.

Prioritization of ecosystem restoration efforts

For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—

(1)

that—

(A)

address an identified threat to public health, safety, or welfare;

(B)

preserve, establish, or restore habitats of national significance; and

(C)

preserve habitats of importance for federally protected species, including migratory birds; and

(2)

for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.

2046.

Special use permits

(a)

Special use permits

(1)

In general

The Secretary may issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and such other specialized recreation uses as the Secretary determines to be appropriate, subject to such terms and conditions as the Secretary determines to be in the best interest of the Federal Government.

(2)

Fees

(A)

In general

In carrying out this subsection, the Secretary may—

(i)

establish and collect fees associated with the issuance of the permits described in paragraph (1); or

(ii)

accept in-kind services in lieu of those fees.

(B)

Outdoor recreation equipment

The Secretary may establish and collect fees for the provision of outdoor recreation equipment and services at public recreation areas located at lakes and reservoirs operated by the Corps of Engineers.

(C)

Use of fees

Any fees generated pursuant to this subsection shall be—

(i)

retained at the site collected; and

(ii)

available for use, without further appropriation, solely for administering the special permits under this subsection and carrying out related operation and maintenance activities at the site at which the fees are collected.

(b)

Cooperative management

(1)

Program

(A)

In general

Subject to subparagraph (B), the Secretary may enter into an agreement with a State or local government to provide for the cooperative management of a public recreation area if—

(i)

the public recreation area is located—

(I)

at a lake or reservoir operated by the Corps of Engineers; and

(II)

adjacent to or near a State or local park or recreation area; and

(ii)

the Secretary determines that cooperative management between the Corps of Engineers and a State or local government agency of a portion of the Corps of Engineers recreation area or State or local park or recreation area will allow for more effective and efficient management of those areas.

(B)

Restriction

The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.

(2)

Acquisition of goods and services

The Secretary may acquire from or provide to a State or local government with which the Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative management of the areas covered by the agreement.

(3)

Administration

The Secretary may enter into 1 or more cooperative management agreements or such other arrangements as the Secretary determines to be appropriate, including leases or licenses, with non-Federal interests to share the costs of operation, maintenance, and management of recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection.

(c)

Funding transfer authority

(1)

In general

If the Secretary determines that it is in the public interest for purposes of enhancing recreation opportunities at Corps of Engineers water resources development projects, the Secretary may transfer funds appropriated for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available at those Corps of Engineers water resource development projects to State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate.

(2)

Cooperative agreements

Any transfer of funds pursuant to this subsection shall be carried out through the execution of a cooperative agreement, which shall contain such terms and conditions as the Secretary determines to be necessary in the public interest.

(d)

Services of volunteers

Chapter IV of title I of Public Law 98–63 (33 U.S.C. 569c) is amended—

(1)

in the first sentence, by inserting , including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers, without regard to the place of residence of the volunteers, after incidental expenses; and

(2)

by inserting after the first sentence the following: The Chief of Engineers may also provide awards of up to $100 in value to volunteers in recognition of the services of the volunteers..

(e)

Training and educational activities

Section 213(a) of the Water Resources Development Act of 2000 (33 U.S.C. 2339) is amended by striking at and inserting about.

2047.

Operations and maintenance on fuel taxed inland waterways

(a)

In general

Notwithstanding any other provision of law, the Secretary shall have responsibility for 65 percent of the costs of the operation, maintenance, repair, rehabilitation, and replacement of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—

(1)

was constructed as of the date of enactment of this Act as a feature of an authorized hurricane and storm damage reduction project; and

(2)

crosses an inland or intracoastal waterway described in section 206 of the Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).

(b)

Payment options

For rehabilitation or replacement of any structure under this section, the Secretary may apply to the full non-Federal contribution the payment option provisions under section 103(k) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(k) ).

2048.

Corrosion prevention

(a)

Guidance and procedures

The Secretary shall develop guidance and procedures for the certification of qualified contractors for—

(1)

the application of protective coatings; and

(2)

the removal of hazardous protective coatings.

(b)

Requirements

Except as provided in subsection (c), the Secretary shall use certified contractors for—

(1)

the application of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;

(2)

the removal of hazardous coatings or other hazardous materials that are present in sufficient concentrations to create an occupational or environmental hazard; and

(3)

any other activities the Secretary determines to be appropriate.

(c)

Exception

The Secretary may approve exceptions to the use of certified contractors under subsection (b) only after public notice, with the opportunity for comment, of any such proposal.

2049.

Project deauthorizations

Section 1001(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 579a(b) ) is amended—

(1)

by striking paragraph (2) and inserting the following:

(2)

List of projects

(A)

In general

Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), each year, after the submission of the list under paragraph (1), the Secretary shall submit to Congress a list of projects or separable elements of projects that have been authorized but that have received no obligations during the 5 full fiscal years preceding the submission of that list.

(B)

Additional notification

On submission of the list under subparagraph (A) to Congress, the Secretary shall notify—

(i)

each Senator in whose State and each Member of the House of Representatives in whose district a project (including any part of a project) on that list would be located; and

(ii)

each applicable non-Federal interest associated with a project (including any part of a project) on that list.

(C)

Deauthorization

A project or separable element included in the list under subparagraph (A) is not authorized after the last date of the fiscal year following the fiscal year in which the list is submitted to Congress, if funding has not been obligated for the planning, design, or construction of the project or element of the project during that period.

; and

(2)

by adding at the end the following:

(3)

Minimum funding list

At the end of each fiscal year, the Secretary shall submit to Congress a list of—

(A)

projects or separable elements of projects authorized for construction for which funding has been obligated in the 5 previous fiscal years;

(B)

the amount of funding obligated per fiscal year;

(C)

the current phase of each project or separable element of a project; and

(D)

the amount required to complete those phases.

(4)

Report

(A)

In general

Not later than 180 days after the date of enactment of the Water Resources Development Act of 2013 , the Secretary shall compile and publish a complete list of all uncompleted, authorized projects of the Corps of Engineers, including for each project on that list—

(i)

the original budget authority for the project;

(ii)

the status of the project;

(iii)

the estimated date of completion of the project;

(iv)

the estimated cost of completion of the project; and

(v)

any amounts for the project that remain unobligated.

(B)

Publication

(i)

In general

The Secretary shall submit a copy of the list under subparagraph (A) to—

(I)

the appropriate committees of Congress; and

(II)

the Director of the Office of Management and Budget.

(ii)

Public availability

Not later than 30 days after providing the report to Congress under clause (i), the Secretary shall make a copy of the list available on a publicly accessible Internet site, in a manner that is downloadable, searchable, and sortable.

.

2050.

Reports to Congress

(a)

In general

Subject to the availability of appropriations, the Secretary shall complete and submit to Congress by the applicable date required the reports that address public safety and enhanced local participation in project delivery described in subsection (b).

(b)

Reports

The reports referred to in subsection (a) are the reports required under—

(1)

section 2020;

(2)

section 2022;

(3)

section 2025;

(4)

section 2026;

(5)

section 2039;

(6)

section 2040;

(7)

section 6007; and

(8)

section 10015.

(c)

Failure To provide a completed report

(1)

In general

Subject to subsection (d), if the Secretary fails to provide a report listed under subsection (b) by the date that is 180 days after the applicable date required for that report, $5,000 shall be reprogrammed from the Office of the Assistant Secretary of the Army for Civil Works into the account of the division of the Secretary of the Army with responsibility for completing that report.

(2)

Subsequent reprogramming

Subject to subsection (d), for each additional week after the date described in paragraph (1) in which a report described in that paragraph remains uncompleted and unsubmitted to Congress, $5,000 shall be reprogrammed from the Office of the Assistant Secretary of the Army for Civil Works into the account of the division of the Secretary of the Army with responsibility for completing that report.

(d)

Limitations

(1)

In general

For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000.

(2)

Aggregate limitation

The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000.

(e)

No fault of the secretary

Amounts shall not be reprogrammed under subsection (c) if the Secretary certifies in a letter to the applicable committees of Congress that—

(1)

a major modification has been made to the content of the report that requires additional analysis for the Secretary to make a final decision on the report;

(2)

amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or

(3)

additional information is required from an entity other than the Corps of Engineers and is not available in a timely manner to complete the report by the deadline.

(f)

Limitation

The Secretary shall not reprogram funds to reimburse the Office of the Assistant Secretary of the Army for Civil Works for the loss of the funds.

(g)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $10,000,000.

III

Project modifications

3001.

Purpose

The purpose of this title is to modify existing water resource project authorizations, subject to the condition that the modifications do not affect authorized costs.

3002.

Chatfield Reservoir, Colorado

Section 116 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (123 Stat. 608), is amended in the matter preceding the proviso by inserting (or a designee of the Department) after Colorado Department of Natural Resources.

3003.

Missouri River Recovery Implementation Committee expenses reimbursement

Section 5018(b)(5) of the Water Resources Development Act of 2007 (121 Stat. 1200) is amended by striking subparagraph (B) and inserting the following:

(B)

Travel expenses

Subject to the availability of funds, the Secretary may reimburse a member of the Committee for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Committee.

.

3004.

Hurricane and storm damage reduction study

With respect to the study for flood and storm damage reduction related to natural disasters to by carried out by the Secretary and authorized under the heading Investigations under title II of division A of Public Law 113–2 , the Secretary shall include, to the maximum extent practicable, specific project recommendations in the report developed for that study.

3005.

Lower Yellowstone Project, Montana

Section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135) is amended—

(1)

by striking The Secretary may and inserting the following:

(a)

In general

The Secretary may

; and

(2)

by adding at the end the following:

(b)

Local participation

In carrying out subsection (a), the Secretary shall consult with, and consider the activities being carried out by—

(1)

other Federal agencies;

(2)

conservation districts;

(3)

the Yellowstone River Conservation District Council; and

(4)

the State of Montana.

.

3006.

Project deauthorizations

(a)

Goose Creek, Somerset County, Maryland

The project for navigation, Goose Creek, Somerset County, Maryland, carried out pursuant to section 107 of the Rivers and Harbor Act of 1960 (33 U.S.C. 577), is realigned as follows: Beginning at Goose Creek Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 0+00, coordinates North 157851.80, East 1636954.70, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, July 2003; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: S. 63 degrees 26 minutes 06 seconds E., 1460.05 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 973.28 feet to a point, thence; N. 26 degrees 13 minutes 09 seconds W., 240.39 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 42+57.54, coordinates North 157357.84, East 1640340.23. Geometry Left Toe of the 60-foot-wide main navigational ship channel, Left Toe Station No. 0+00, coordinates North 157879.00, East 1636967.40, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 12 seconds E., 1583.91 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following eight courses and distances: S. 63 degrees 25 minutes 38 seconds E., 1366.25 feet to a point, thence; N. 83 degrees 36 minutes 24 seconds E., 125.85 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 805.19 feet to a point, thence; N. 12 degrees 12 minutes 29 seconds E., 78.33 feet to a point thence; N. 26 degrees 13 minutes 28 seconds W., 46.66 feet to a point thence; S. 63 degrees 45 minutes 41 seconds W., 54.96 feet to a point thence; N. 26 degrees 13 minutes 24 seconds W., 119.94 feet to a point on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 41+81.10, coordinates North 157320.30, East 1640264.00. Geometry Right Toe of the 60-foot-wide main navigational ship channel, Right Toe Station No. 0+00, coordinates North 157824.70, East 1636941.90, as stated and depicted on the Condition Survey Goose Creek, Sheet 1 of 1, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 64 degrees 49 minutes 06 seconds E., 1583.82 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following six courses and distances: S. 63 degrees 25 minutes 47 seconds E., 1478.79 feet to a point, thence; N. 50 degrees 38 minutes 26 seconds E., 1016.69 feet to a point, thence; N. 26 degrees 14 minutes 49 seconds W., 144.26 feet to a point, thence; N. 63 degrees 54 minutes 03 seconds E., 55.01 feet to a point thence; N. 26 degrees 12 minutes 08 seconds W., 120.03 feet to a point a point on the Right Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+98.61, coordinates North 157395.40, East 1640416.50.

(b)

Lower Thoroughfare, Deal Island, Maryland

Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Lower Thoroughfare, Maryland, authorized by the Act of June 25, 1910 (36 Stat. 630, chapter 382) (commonly known as the River and Harbor Act of 1910 ), that begins at Lower Thoroughfare Channel Geometry Centerline of the 60-foot-wide main navigational ship channel, Centerline Station No. 44+88, coordinates North 170435.62, East 1614588.93, as stated and depicted on the Condition Survey Lower Thoroughfare, Deal Island, Sheet 1 of 3, prepared by the United States Army Corps of Engineers, Baltimore District, August 2010; thence departing the aforementioned centerline traveling the following courses and distances: S. 42 degrees 20 minutes 44 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 64 degrees 08 minutes 55 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 43 seconds W., 250.08 feet to a point, thence; N. 47 degrees 39 minutes 03 seconds E., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 44 seconds E., 300.07 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76; thence; continuing with the aforementioned centerline the following courses and distances: S. 42 degrees 20 minutes 42 seconds W., 30.00 feet to a point, on the outline of said 60-foot-wide channel thence binding on said out-line the following four courses and distances: N. 20 degrees 32 minutes 06 seconds W., 53.85 feet to a point, thence; N. 42 degrees 20 minutes 49 seconds W., 250.08 feet to a point, thence; S. 47 degrees 39 minutes 03 seconds W., 20.00 feet to a point, thence; S. 42 degrees 20 minutes 46 seconds E., 300.08 feet to a point binding on the Left Toe of the 60-foot-wide main navigational channel at computed Centerline Station No. 43+92.67, coordinates North 170415.41, 1614566.76.

(c)

Thomaston Harbor, Georges River, Maine

Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Georges River, Maine (Thomaston Harbor), authorized by the first section of the Act of June 3, 1896 (29 Stat. 215, chapter 314), and modified by section 317 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2604), that lies northwesterly of a line commencing at point N87,220.51, E321,065.80 thence running northeasterly about 125 feet to a point N87,338.71, E321,106.46.

(d)

Warwick Cove, Rhode Island

Beginning on the date of enactment of this Act, the Secretary is no longer authorized to carry out the portion of the project for navigation, Warwick Cove, Rhode Island, authorized by section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577) that is located within the 5 acre anchorage area east of the channel and lying east of the line beginning at a point with coordinates N220,349.79, E357,664.90 thence running north 9 degrees 10 minutes 21.5 seconds west 170.38 feet to a point N220,517.99, E357,637.74 thence running north 17 degrees 44 minutes 30.4 seconds west 165.98 feet to a point N220,676.08, E357,587.16 thence running north 0 degrees 46 minutes 0.9 seconds east 138.96 feet to a point N220,815.03, E357,589.02 thence running north 8 degrees 36 minutes 22.9 seconds east 101.57 feet to a point N220,915.46, E357,604.22 thence running north 18 degrees 18 minutes 27.3 seconds east 168.20 feet to a point N221,075.14, E357,657.05 thence running north 34 degrees 42 minutes 7.2 seconds east 106.4 feet to a point N221,162.62, E357,717.63 thence running south 29 degrees 14 minutes 17.4 seconds east 26.79 feet to a point N221,139.24, E357,730.71 thence running south 30 degrees 45 minutes 30.5 seconds west 230.46 feet to a point N220,941.20, E357,612.85 thence running south 10 degrees 49 minutes 12.0 seconds west 95.46 feet to a point N220,847.44, E357,594.93 thence running south 9 degrees 13 minutes 44.5 seconds east 491.68 feet to a point N220,362.12, E357,673.79 thence running south 35 degrees 47 minutes 19.4 seconds west 15.20 feet to the point of origin.

3007.

Raritan River Basin, Green Brook Sub-basin, New Jersey

Title I of the Energy and Water Development Appropriations Act, 1998 (Public Law 105–62; 111 Stat. 1327) is amended by striking section 102.

3008.

Red River Basin, Oklahoma, Texas, Arkansas, Louisiana

(a)

In general

The Secretary is authorized to reassign unused irrigation storage within a reservoir on the Red River Basin to municipal and industrial water supply for use by a non-Federal interest if that non-Federal interest has already contracted for a share of municipal and industrial water supply on the same reservoir.

(b)

Non-Federal interest

A reassignment of storage under subsection (a) shall be contingent upon the execution of an agreement between the Secretary and the applicable non-Federal interest.

IV

Water resource studies

4001.

Purpose

The purpose of this title is to direct the Corps of Engineers to study and recommend solutions for water resource issues relating to flood risk and storm damage reduction, navigation, and ecosystem restoration.

4002.

Initiation of new water resources studies

(a)

In general

Subject to subsections (b), (c), and (d), the Secretary may initiate a study—

(1)

to determine the feasibility of carrying out 1 or more projects for flood risk management, storm damage reduction, ecosystem restoration, navigation, hydropower, or related purposes; or

(2)

to carry out watershed and river basin assessments in accordance with section 729 of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).

(b)

Criteria

The Secretary may only initiate a study under subsection (a) if—

(1)

the study—

(A)

has been requested by an eligible non-Federal interest;

(B)

is for an area that is likely to include a project with a Federal interest; and

(C)

addresses a high-priority water resource issue necessary for the protection of human life and property, the environment, or the national security interests of the United States; and

(2)

the non-Federal interest has demonstrated—

(A)

that local support exists for addressing the water resource issue; and

(B)

the financial ability to provide the required non-Federal cost-share.

(c)

Congressional approval

(1)

Submission to congress

Prior to initiating a study under subsection (a), the Secretary shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House

(A)

a description of the study, including the geographical area addressed by the study;

(B)

a description of how the study meets each of the requirements of subsection (b); and

(C)

a certification that the proposed study can be completed within 3 years and for a Federal cost of not more than $3,000,000.

(2)

Expenditure of funds

No funds may be spent on a study initiated under subsection (a) unless—

(A)

the required information is submitted to Congress under paragraph (1); and

(B)

after such submission, amounts are appropriated to continue construction of the project in an appropriations or other Act to initiate the study.

(3)

Additional notification

The Secretary shall notify each Senator or Member of Congress with a State or congressional district in the study area described in paragraph (1)(A).

(d)

Limitations

(1)

In general

Subsection (a) shall not apply to a project for which a study has been authorized prior to the date of enactment of this Act.

(2)

New studies and projects

In each fiscal year, the Secretary may initiate not more than—

(A)

3 new studies in each of the primary areas of responsibility of the Corps of Engineers; and

(B)

3 projects from any 1 division of the Corps of Engineers.

(e)

Termination

The authority under subsection (a) expires on the date that is 3 years after the date of enactment of this Act.

(f)

Authorization of Appropriations

There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2014 through 2017.

4003.

Applicability

(a)

In general

Nothing in this title authorizes the construction of a water resources project.

(b)

New authorization required

New authorization from Congress is required before any project evaluated in a study under this title is constructed.

V

Regional and nonproject provisions

5001.

Purpose

The purpose of this title is to authorize regional, multistate authorities to address water resource needs and other non-project provisions.

5002.

Northeast Coastal Region ecosystem restoration

(a)

In general

The Secretary shall plan, design, and construct projects for aquatic ecosystem restoration within the coastal waters of the Northeastern United States from the State of Virginia to the State of Maine, including associated bays, estuaries, and critical riverine areas.

(b)

General coastal management plan

(1)

Assessment

The Secretary, in coordination with the Administrator of the Environmental Protection Agency, the heads of other appropriate Federal agencies, the Governors of the coastal States from Virginia to Maine, nonprofit organizations, and other interested parties, shall assess the needs regarding, and opportunities for, aquatic ecosystem restoration within the coastal waters of the Northeastern United States.

(2)

Plan

The Secretary shall develop a general coastal management plan based on the assessment carried out under paragraph (1), maximizing the use of existing plans and investigation, which plan shall include—

(A)

an inventory and evaluation of coastal habitats;

(B)

identification of aquatic resources in need of improvement;

(C)

identification and prioritization of potential aquatic habitat restoration projects; and

(D)

identification of geographical and ecological areas of concern, including—

(i)

finfish habitats;

(ii)

diadromous fisheries migratory corridors;

(iii)

shellfish habitats;

(iv)

submerged aquatic vegetation;

(v)

wetland; and

(vi)

beach dune complexes and other similar habitats.

(c)

Eligible projects

The Secretary may carry out an aquatic ecosystem restoration project under this section if the project—

(1)

is consistent with the management plan developed under subsection (b); and

(2)

provides for—

(A)

the restoration of degraded aquatic habitat (including coastal, saltmarsh, benthic, and riverine habitat);

(B)

the restoration of geographical or ecological areas of concern, including the restoration of natural river and stream characteristics;

(C)

the improvement of water quality; or

(D)

other projects or activities determined to be appropriate by the Secretary.

(d)

Cost sharing

(1)

Management plan

The management plan developed under subsection (b) shall be completed at Federal expense.

(2)

Restoration projects

The non-Federal share of the cost of a project carried out under this section shall be 35 percent.

(e)

Cost limitation

Not more than $10,000,000 in Federal funds may be allocated under this section for an eligible project.

(f)

Authorization of appropriations

There is authorized to be appropriated to carry out this section (including funds for the completion of the management plan) $25,000,000 for each of fiscal years 2014 through 2018.

5003.

Chesapeake Bay Environmental Restoration and Protection Program

Section 510 of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3759; 121 Stat. 1202) is amended—

(1)

in subsection (a)

(A)

in paragraph (1)

(i)

by striking pilot program and inserting program; and

(ii)

by inserting in the basin States described in subsection (f) and the District of Columbia after interests; and

(B)

by striking paragraph (2) and inserting the following:

(2)

Form

The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chesapeake Bay estuary, based on the comprehensive plan under subsection (b), including projects for—

(A)

sediment and erosion control;

(B)

protection of eroding shorelines;

(C)

ecosystem restoration, including restoration of submerged aquatic vegetation;

(D)

protection of essential public works;

(E)

beneficial uses of dredged material; and

(F)

other related projects that may enhance the living resources of the estuary.

;

(2)

by striking subsection (b) and inserting the following:

(b)

Comprehensive plan

(1)

In general

Not later than 2 years after the date of enactment of the Water Resources Development Act of 2013 , the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chesapeake Bay restoration plan to guide the implementation of projects under subsection (a)(2).

(2)

Coordination

The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.

(3)

Prioritization

The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems.

(4)

Administration

The Federal share of the costs of carrying out paragraph (1) shall be 75 percent.

;

(3)

in subsection (c)

(A)

in paragraph (1), by striking to provide and all that follows through the period at the end and inserting for the design and construction of a project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b).;

(B)

in paragraph (2)(A), by striking facilities or resource protection and development plan and inserting resource protection and restoration plan; and

(C)

by adding at the end the following:

(3)

Projects on Federal land

A project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b) that is located on Federal land shall be carried out at the expense of the Federal agency that owns the land on which the project will be a carried out.

(4)

Non-Federal contributions

A Federal agency carrying out a project described in paragraph (3) may accept contributions of funds from non-Federal entities to carry out that project.

;

(4)

by striking subsection (e) and inserting the following:

(e)

Cooperation

In carrying out this section, the Secretary shall cooperate with—

(1)

the heads of appropriate Federal agencies, including—

(A)

the Administrator of the Environmental Protection Agency;

(B)

the Secretary of Commerce, acting through the Administrator of the National Oceanographic and Atmospheric Administration;

(C)

the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and

(D)

the heads of such other Federal agencies as the Secretary determines to be appropriate; and

(2)

agencies of a State or political subdivision of a State, including the Chesapeake Bay Commission.

;

(5)

by striking subsection (f) and inserting the following:

(f)

Projects

The Secretary shall establish, to the maximum extent practicable, at least 1 project under this section in—

(1)

regions within the Chesapeake Bay watershed of each of the basin States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and

(2)

the District of Columbia.

;

(6)

by striking subsection (h); and

(7)

by redesignating subsection (i) as subsection (h).

5004.

Rio Grande environmental management program, Colorado, New Mexico, Texas

Section 5056 of the Water Resources Development Act of 2007 (121 Stat. 1213) is amended—

(1)

in subsection (b)(2)

(A)

in the matter preceding subparagraph (A), by striking 2008 and inserting 2014; and

(B)

in subparagraph (C), by inserting and an assessment of needs for other related purposes in the Rio Grande Basin, including flood damage reduction after assessment;

(2)

in subsection (c)(2)

(A)

by striking an interagency agreement with and inserting 1 or more interagency agreements with the Secretary of State and; and

(B)

by inserting or the U.S. Section of the International Boundary and Water Commission after the Department of the Interior; and

(3)

in subsection (f), by striking 2011 and inserting 2024.

5005.

Lower Columbia River and Tillamook Bay ecosystem restoration, Oregon and Washington

Section 536(g) of the Water Resources Development Act of 2000 (114 Stat. 2661) is amended by striking $30,000,000 and inserting $75,000,000.

5006.

Arkansas River, Arkansas and Oklahoma

(a)

Project Goal

The goal for operation of the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, shall be to maximize the use of the system in a balanced approach that incorporates advice from representatives from all project purposes to ensure that the full value of the system is realized by the United States.

(b)

McClellan-Kerr Arkansas River navigation system advisory committee

(1)

In general

In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an advisory committee for the McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma, project authorized by the Act of July 24, 1946 (60 Stat. 635, chapter 595).

(2)

Duties

The advisory committee shall—

(A)

serve in an advisory capacity only; and

(B)

provide information and recommendations to the Corps of Engineers relating to the efficiency, reliability, and availability of the operations of the McClellan-Kerr Arkansas River navigation system.

(3)

Selection and composition

The advisory committee shall be—

(A)

selected jointly by the Little Rock district engineer and the Tulsa district engineer; and

(B)

composed of members that equally represent the McClellan-Kerr Arkansas River navigation system project purposes.

(4)

Agency resources

The Little Rock district and the Tulsa district of the Corps of Engineers, under the supervision of the southwestern division, shall jointly provide the advisory committee with adequate staff assistance, facilities, and resources.

(5)

Termination

(A)

In general

Subject to subparagraph (B), the advisory committee shall terminate on the date on which the Secretary submits a report to Congress demonstrating increases in the efficiency, reliability, and availability of the McClellan-Kerr Arkansas River navigation system.

(B)

Restriction

The advisory committee shall terminate not less than 2 calendar years after the date on which the advisory committee is established.

5007.

Aquatic invasive species prevention and management; Columbia River Basin

(a)

In general

The Secretary may establish a program to prevent and manage aquatic invasive species in the Columbia River Basin in the States of Idaho, Montana, Oregon, and Washington.

(b)

Watercraft inspection stations

(1)

In general

In carrying out this section, the Secretary shall 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 into reservoirs operated and maintained by the Secretary.

(2)

Inclusions

Locations identified under paragraph (1) may include—

(A)

State border crossings;

(B)

international border crossings; and

(C)

highway entry points that are used by owners of watercraft to access boat launch facilities owned or managed by the Secretary.

(3)

Cost-share

The non-Federal share of the cost of operating and maintaining watercraft inspection stations described in paragraph (1) (including personnel costs) shall be 50 percent.

(4)

Other inspection sites

The Secretary may establish watercraft inspection stations using amounts made available to carry out this section in States other than those described in paragraph (1) at or near boat launch facilities that the Secretary determines are regularly used by watercraft to enter the States described in paragraph (1).

(c)

Monitoring and contingency planning

The Secretary shall—

(1)

carry out risk assessments of each major public and private water resources facility in the Columbia River Basin;

(2)

establish an aquatic invasive species monitoring program in the Columbia River Basin;

(3)

establish a Columbia River Basin watershed-wide plan for expedited response to an infestation of aquatic invasive species; and

(4)

monitor water quality, including sediment cores and fish tissue samples, at facilities owned or managed by the Secretary in the Columbia River Basin.

(d)

Coordination

In carrying out this section, the Secretary shall consult and coordinate with—

(1)

the States described in subsection (a);

(2)

Indian tribes; and

(3)

other Federal agencies, including—

(A)

the Department of Agriculture;

(B)

the Department of Energy;

(C)

the Department of Homeland Security;

(D)

the Department of Commerce; and

(E)

the Department of the Interior.

(e)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $30,000,000, of which $5,000,000 may be used to carry out subsection (c).

5008.

Upper Missouri Basin flood and drought monitoring

(a)

In general

The Secretary, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological Survey, and the Commissioner of the Bureau of Reclamation, shall establish a program to provide for—

(1)

soil moisture and snowpack monitoring in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management in the Upper Missouri River Basin, as outlined in the February 2013 report entitled Upper Missouri Basin Monitoring Committee—Snow Sampling and Instrumentation Recommendations;

(2)

restoring and maintaining existing mid- and high-elevation snowpack monitoring sites operated under the SNOTEL program of the Natural Resources Conservation Service; and

(3)

operating streamflow gages and related interpretive studies in the Upper Missouri River Basin under the cooperative water program and the national streamflow information program of the United States Geological Service.

(b)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $11,250,000.

(c)

Use of Funds

Amounts made available to the Secretary under this section shall be used to complement other related activities of Federal agencies that are carried out within the Missouri River Basin.

(d)

Report

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with 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—

(1)

identifies progress made by the Secretary and other Federal agencies to implement the recommendations contained in the report described in subsection (a)(1) with respect to enhancing soil moisture and snowpack monitoring in the Upper Missouri Basin; and

(2)

includes recommendations to enhance soil moisture and snowpack monitoring in the Upper Missouri Basin.

5009.

Northern Rockies headwaters extreme weather mitigation

(a)

In general

Subject to subsection (b), the Secretary shall establish a program to mitigate the impacts of extreme weather events, such as floods and droughts, on communities, water users, and fish and wildlife located in and along the headwaters of the Columbia, Missouri, and Yellowstone Rivers (including the tributaries of those rivers) in the States of Idaho and Montana by carrying out river, stream, and floodplain protection and restoration projects, including—

(1)

floodplain restoration and reconnection;

(2)

floodplain and riparian area protection through the use of conservation easements;

(3)

instream flow restoration projects;

(4)

fish passage improvements;

(5)

channel migration zone mapping; and

(6)

invasive weed management.

(b)

Restriction

All projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes.

(c)

Non-Federal cost share

The non-Federal share of the costs of carrying out a project under this section shall not exceed 35 percent of the total cost of the project.

(d)

Coordination

In carrying out this section, the Secretary

(1)

shall consult and coordinate with the appropriate State natural resource agency in each State; and

(2)

may—

(A)

delegate any authority or responsibility of the Secretary under this section to those State natural resource agencies; and

(B)

provide amounts made available to the Secretary to carry out this section to those State natural resource agencies.

(e)

Limitations

Nothing in this section invalidates, preempts, or creates any exception to State water law, State water rights, or Federal or State permitted activities or agreements in the States of Idaho and Montana or any State containing tributaries to rivers in those States.

(f)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.

VI

Levee safety

6001.

Short title

This title may be cited as the National Levee Safety Program Act.

6002.

Findings; purposes

(a)

Findings

Congress finds that—

(1)

there is a need to establish a national levee safety program to provide national leadership and encourage the establishment of State and tribal levee safety programs;

(2)

according to the National Committee on Levee Safety, the level of protection and robustness of design and construction of levees vary considerably across the country;

(3)

knowing the location, condition, and ownership of levees, as well as understanding the population and infrastructure at risk in leveed areas, is necessary for identification and prioritization of activities associated with levees;

(4)

levees are an important tool for reducing flood risk and should be considered in the context of broader flood risk management efforts;

(5)

States and Indian tribes—

(A)

are uniquely positioned to oversee, coordinate, and regulate local and regional levee systems; and

(B)

should be encouraged to participate in a national levee safety program by establishing individual levee safety programs; and

(6)

States, Indian tribes, and local governments that do not invest in protecting the individuals and property located behind levees place those individuals and property at risk.

(b)

Purposes

The purposes of this title are—

(1)

to promote sound technical practices in levee design, construction, operation, inspection, assessment, security, and maintenance;

(2)

to ensure effective public education and awareness of risks involving levees;

(3)

to establish and maintain a national levee safety program that emphasizes the protection of human life and property; and

(4)

to implement solutions and incentives that encourage the establishment of effective State and tribal levee safety programs.

6003.

Definitions

In this title:

(1)

Board

The term Board means the National Levee Safety Advisory Board established under section 6005.

(2)

Canal structure

(A)

In general

The term canal structure means an embankment, wall, or structure along a canal or manmade watercourse that—

(i)

constrains water flows;

(ii)

is subject to frequent water loading; and

(iii)

is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes, precipitation events, seasonal high water, and other weather-related events.

(B)

Exclusion

The term canal structure does not include a barrier across a watercourse.

(3)

Federal agency

The term Federal agency means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a levee.

(4)

Flood damage reduction system

The term flood damage reduction system means a system designed and constructed to have appreciable and dependable effects in reducing damage by floodwaters.

(5)

Flood mitigation

The term flood mitigation means any structural or nonstructural measure that reduces risks of flood damage by reducing the probability of flooding, the consequences of flooding, or both.

(6)

Floodplain management

The term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage.

(7)

Indian tribe

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(8)

Levee

(A)

In general

The term levee means a manmade barrier (such as an embankment, floodwall, or other structure)—

(i)

the primary purpose of which is to provide hurricane, storm, or flood protection relating to seasonal high water, storm surges, precipitation, or other weather events; and

(ii)

that is normally subject to water loading for only a few days or weeks during a calendar year.

(B)

Inclusions

The term levee includes a levee system, including—

(i)

levees and canal structures that—

(I)

constrain water flows;

(II)

are subject to more frequent water loading; and

(III)

do not constitute a barrier across a watercourse; and

(ii)

roadway and railroad embankments, but only to the extent that the embankments are integral to the performance of a flood damage reduction system.

(C)

Exclusions

The term levee does not include—

(i)

a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system;

(ii)

a canal constructed completely within natural ground without any manmade structure (such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground);

(iii)

a canal regulated by a Federal or State agency in a manner that ensures that applicable Federal safety criteria are met;

(iv)

a levee or canal structure—

(I)

that is not a part of a Federal flood damage reduction system;

(II)

that is not recognized under the National Flood Insurance Program as providing protection from the 1-percent-annual-chance or greater flood;

(III)

that is not greater than 3 feet high;

(IV)

the population in the leveed area of which is less than 50 individuals; and

(V)

the leveed area of which is less than 1,000 acres; or

(v)

any shoreline protection or river bank protection system (such as revetments or barrier islands).

(9)

Levee feature

The term levee feature means a structure that is critical to the functioning of a levee, including—

(A)

an embankment section;

(B)

a floodwall section;

(C)

a closure structure;

(D)

a pumping station;

(E)

an interior drainage work; and

(F)

a flood damage reduction channel.

(10)

Levee safety guidelines

The term levee safety guidelines means the guidelines established by the Secretary under section 6004(c)(1).

(11)

Levee segment

The term levee segment means a discrete portion of a levee system that is owned, operated, and maintained by a single entity or discrete set of entities.

(12)

Levee system

The term levee system means 1 or more levee segments, including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas—

(A)

that collectively provide flood damage reduction to a defined area; and

(B)

the failure of 1 of which may result in the failure of the entire system.

(13)

Leveed area

The term leveed area means the land from which flood water in the adjacent watercourse is excluded by the levee system.

(14)

National levee database

The term national levee database means the levee database established under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303).

(15)

Participating program

The term participating program means a levee safety program developed by a State or Indian tribe that includes the minimum components necessary for recognition by the Secretary.

(16)

Rehabilitation

The term rehabilitation means the repair, replacement, reconstruction, or removal of a levee that is carried out to meet national levee safety guidelines.

(17)

Risk

The term risk means a measure of the probability and severity of undesirable consequences.

(18)

Secretary

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

(19)

State

The term State means—

(A)

each of the several States of the United States;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico;

(D)

Guam;

(E)

American Samoa;

(F)

the Commonwealth of the Northern Mariana Islands;

(G)

the Federated States of Micronesia;

(H)

the Republic of the Marshall Islands;

(I)

the Republic of Palau; and

(J)

the United States Virgin Islands.

6004.

National levee safety program

(a)

Establishment

The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish a national levee safety program to provide national leadership and consistent approaches to levee safety, including—

(1)

a national levee database;

(2)

an inventory and inspection of Federal and non-Federal levees;

(3)

national levee safety guidelines;

(4)

a hazard potential classification system for Federal and non-Federal levees;

(5)

research and development;

(6)

a national public education and awareness program, with an emphasis on communication regarding the residual risk to communities protected by levees and levee systems;

(7)

coordination of levee safety, floodplain management, and environmental protection activities;

(8)

development of State and tribal levee safety programs; and

(9)

the provision of technical assistance and materials to States and Indian tribes relating to—

(A)

developing levee safety programs;

(B)

identifying and reducing flood risks associated with residual risk to communities protected by levees and levee systems;

(C)

identifying local actions that may be carried out to reduce flood risks in leveed areas; and

(D)

rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems.

(b)

Management

(1)

In general

The Secretary shall appoint—

(A)

an administrator of the national levee safety program; and

(B)

such staff as is necessary to implement the program.

(2)

Administrator

The sole duty of the administrator appointed under paragraph (1)(A) shall be the management of the national levee safety program.

(c)

Levee safety guidelines

(1)

Establishment

Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with State and local governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that—

(A)

are available for common, uniform use by all Federal, State, tribal, and local agencies;

(B)

incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and

(C)

provide for adaptation to local, regional, or watershed conditions.

(2)

Requirement

The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d).

(3)

Adoption by federal agencies

All Federal agencies shall consider the levee safety guidelines in activities relating to the management of levees.

(4)

Public comment

Prior to finalizing the guidelines under this subsection, the Secretary shall—

(A)

issue draft guidelines for public comment; and

(B)

consider any comments received in the development of final guidelines.

(d)

Hazard potential classification system

(1)

Establishment

The Secretary shall establish a hazard potential classification system for use under the national levee safety program and participating programs.

(2)

Revision

The Secretary shall review and, as necessary, revise the hazard potential classification system not less frequently than once every 5 years.

(3)

Consistency

The hazard potential classification system established pursuant to this subsection shall be consistent with and incorporated into the levee safety action classification tool developed by the Corps of Engineers.

(e)

Technical assistance and materials

(1)

Establishment

The Secretary, in coordination with the Board, shall establish a national levee safety technical assistance and training program to develop and deliver technical support and technical assistance materials, curricula, and training in order to promote levee safety and assist States, communities, and levee owners in—

(A)

developing levee safety programs;

(B)

identifying and reducing flood risks associated with levees;

(C)

identifying local actions that may be carried out to reduce flood risks in leveed areas; and

(D)

rehabilitating, improving, replacing, reconfiguring, modifying, and removing levees and levee systems.

(2)

Use of services

In establishing the national levee safety training program under paragraph (1), the Secretary may use the services of—

(A)

the Corps of Engineers;

(B)

the Federal Emergency Management Agency;

(C)

the Bureau of Reclamation; and

(D)

other appropriate Federal agencies, as determined by the Secretary.

(f)

Comprehensive national public education and awareness campaign

(1)

Establishment

The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency and the Board, shall establish a national public education and awareness campaign relating to the national levee safety program.

(2)

Purposes

The purposes of the campaign under paragraph (1) are—

(A)

to educate individuals living in leveed areas regarding the risks of living in those areas;

(B)

to promote consistency in the transmission of information regarding levees among government agencies; and

(C)

to provide national leadership regarding risk communication for implementation at the State and local levels.

(g)

Coordination of levee safety, floodplain management, and environmental concerns

The Secretary, in coordination with the Board, shall evaluate opportunities to coordinate—

(1)

public safety, floodplain management, and environmental protection activities relating to levees; and

(2)

environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws.

(h)

Levee Inspection

(1)

In general

The Secretary shall carry out a one-time inventory and inspection of all levees identified in the national levee database.

(2)

No Federal interest

The inventory and inspection under paragraph (1) does not create a Federal interest in the construction, operation, or maintenance any levee that is included in the inventory or inspected under this subsection.

(3)

Inspection criteria

In carrying out the inventory and inspection, the Secretary shall use the levee safety action classification criteria to determine whether a levee should be classified in the inventory as requiring a more comprehensive inspection.

(4)

State and tribal participation

At the request of a State or Indian tribe with respect to any levee subject to inspection under this subsection, the Secretary shall—

(A)

allow an official of the State or Indian tribe to participate in the inspection of the levee; and

(B)

provide information to the State or Indian tribe relating to the location, construction, operation, or maintenance of the levee.

(5)

Exceptions

In carrying out the inventory and inspection under this subsection, the Secretary shall not be required to inspect any levee that has been inspected by a State or Indian tribe using the same methodology described in paragraph (3) during the 1-year period immediately preceding the date of enactment of this Act if the Governor of the State or tribal government, as applicable, requests an exemption from the inspection.

(i)

State and tribal levee safety program

(1)

Guidelines

(A)

In general

Not later than 1 year after the date of enactment of this Act, in coordination with the Board, the Secretary shall issue guidelines that establish the minimum components necessary for recognition of a State or tribal levee safety program as a participating program.

(B)

Guideline contents

The guidelines under subparagraph (A) shall include provisions and procedures requiring each participating State and Indian tribe to certify to the Secretary that the State or Indian tribe, as applicable—

(i)

has the authority to participate in the national levee safety program;

(ii)

can receive funds under this title;

(iii)

has adopted any national levee safety guidelines developed under this title;

(iv)

will carry out levee inspections;

(v)

will carry out, consistent with applicable requirements, flood risk management and any emergency action planning procedures the Secretary determines to be necessary relating to levees;

(vi)

will carry out public education and awareness activities consistent with the national public education and awareness campaign established under subsection (f); and

(vii)

will collect and share information regarding the location and condition of levees.

(C)

Public comment

Prior to finalizing the guidelines under this paragraph, the Secretary shall—

(i)

issue draft guidelines for public comment; and

(ii)

consider any comments received in the development of final guidelines.

(2)

Grant program

(A)

Establishment

The Secretary shall establish a program under which the Secretary shall provide grants to assist States and Indian tribes in establishing participating programs, conducting levee inventories, and carrying out this title.

(B)

Requirements

To be eligible to receive grants under this section, a State or Indian tribe shall—

(i)

meet the requirements of a participating program established by the guidelines issued under paragraph (1);

(ii)

use not less than 25 percent of any amounts received to identify and assess non-Federal levees within the State or on land of the Indian tribe;

(iii)

submit to the Secretary any information collected by the State or Indian tribe in carrying out this subsection for inclusion in the national levee safety database; and

(iv)

identify actions to address hazard mitigation activities associated with levees and leveed areas identified in the hazard mitigation plan of the State approved by the Administrator of the Federal Emergency Management Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(j)

Levee rehabilitation assistance program

(1)

Establishment

The Secretary shall establish a program under which the Secretary shall provide assistance to States, Indian tribes, and local governments in addressing flood mitigation activities that result in an overall reduction in flood risk.

(2)

Requirements

To be eligible to receive assistance under this subsection, a State, Indian tribe, or local government shall—

(A)

participate in, and comply with, all applicable Federal floodplain management and flood insurance programs;

(B)

have in place a hazard mitigation plan that—

(i)

includes all levee risks; and

(ii)

complies with the Disaster Mitigation Act of 2000 (Public Law 106–390; 114 Stat. 1552);

(C)

submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and

(D)

comply with such minimum eligibility requirements as the Secretary, in consultation with the Board, may establish to ensure that each owner and operator of a levee under a participating State or tribal levee safety program—

(i)

acts in accordance with the guidelines developed in subsection (c); and

(ii)

carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph (B).

(3)

Floodplain management plans

(A)

In general

Not later than 1 year after the date of execution of a project agreement for assistance under this subsection, a State, Indian tribe, or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph (D) to reduce the impacts of future flood events in each applicable leveed area.

(B)

Inclusions

A plan under subparagraph (A) shall address potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in each applicable leveed area.

(C)

Implementation

Not later than 1 year after the date of completion of construction of the applicable project, a floodplain management plan prepared under subparagraph (A) shall be implemented.

(D)

Guidelines

Not later than 180 days after the date of enactment of this Act, the Secretary shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the Secretary determines to be appropriate.

(E)

Technical support

The Secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph.

(4)

Use of funds

(A)

In general

Assistance provided under this subsection may be used—

(i)

for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating State or tribal levee safety program; and

(ii)

only for a levee that is not federally operated and maintained.

(B)

Prohibition

Assistance provided under this subsection shall not be used—

(i)

to perform routine operation or maintenance for a levee; or

(ii)

to make any modification to a levee that does not result in an improvement to public safety.

(5)

No proprietary interest

A contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the United States.

(6)

Cost-share

The maximum Federal share of the cost of any assistance provided under this subsection shall be 65 percent.

(7)

Project limit

The maximum amount of Federal assistance for a project under this subsection shall be $10,000,000.

(8)

Other laws

Assistance provided under this subsection shall be subject to all applicable laws (including regulations) that apply to the construction of a civil works project of the Corps of Engineers.

(k)

Effect of section

Nothing in this section confers any regulatory authority on—

(1)

the Secretary; or

(2)

the Director of the Federal Emergency Management Agency.

6005.

National levee safety advisory board

(a)

Establishment

The Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall establish a board, to be known as the National Levee Safety Advisory Board

(1)

to advise the Secretary and Congress regarding consistent approaches to levee safety;

(2)

to monitor the safety of levees in the United States;

(3)

to assess the effectiveness of the national levee safety program; and

(4)

to ensure that the national levee safety program is carried out in a manner that is consistent with other Federal flood risk management efforts.

(b)

Membership

(1)

Voting members

The Board shall be composed of the following 14 voting members, each of whom shall be appointed by the Secretary, with priority consideration given to representatives from those States that have the most Corps of Engineers levees in the State, based on mileage:

(A)

8 representatives of State levee safety programs, 1 from each of the civil works divisions of the Corps of Engineers.

(B)

2 representatives of the private sector who have expertise in levee safety.

(C)

2 representatives of local and regional governmental agencies who have expertise in levee safety.

(D)

2 representatives of Indian tribes who have expertise in levee safety.

(2)

Nonvoting members

The Secretary (or a designee of the Secretary), the Administrator of the Federal Emergency Management Agency (or a designee of the Administrator), and the administrator of the national levee safety program appointed under section 6004(b)(1)(A) shall serve as nonvoting members of the Board.

(3)

Chairperson

The voting members of the Board shall appoint a chairperson from among the voting members of the Board, to serve a term of not more than 2 years.

(c)

Qualifications

(1)

Individuals

Each voting member of the Board shall be knowledgeable in the field of levee safety, including water resources and flood risk management.

(2)

As a whole

The membership of the Board, considered as a whole, shall represent the diversity of skills required to advise the Secretary regarding levee issues relating to—

(A)

engineering;

(B)

public communications;

(C)

program development and oversight;

(D)

with respect to levees, flood risk management and hazard mitigation; and

(E)

public safety and the environment.

(d)

Terms of service

(1)

In general

A voting member of the Board shall be appointed for a term of 3 years, except that, of the members first appointed—

(A)

5 shall be appointed for a term of 1 year;

(B)

5 shall be appointed for a term of 2 years; and

(C)

4 shall be appointed for a term of 3 years.

(2)

Reappointment

A voting member of the Board may be reappointed to the Board, as the Secretary determines to be appropriate.

(3)

Vacancies

A vacancy on the Board shall be filled in the same manner as the original appointment was made.

(e)

Standing committees

(1)

In general

The Board shall be supported by Standing Committees, which shall be comprised of volunteers from all levels of government and the private sector, to advise the Board regarding the national levee safety program.

(2)

Establishment

The Standing Committees of the Board shall include—

(A)

the Standing Committee on Participating Programs, which shall advise the Board regarding—

(i)

the development and implementation of State and tribal levee safety programs; and

(ii)

appropriate incentives (including financial assistance) to be provided to States, Indian tribes, and local and regional entities;

(B)

the Standing Committee on Technical Issues, which shall advise the Board regarding—

(i)

the management of the national levee database;

(ii)

the development and maintenance of levee safety guidelines;

(iii)

processes and materials for developing levee-related technical assistance and training; and

(iv)

research and development activities relating to levee safety;

(C)

the Standing Committee on Public Education and Awareness, which shall advise the Board regarding the development, implementation, and evaluation of targeted public outreach programs—

(i)

to gather public input;

(ii)

to educate and raise awareness in leveed areas of levee risks;

(iii)

to communicate information regarding participating programs; and

(iv)

to track the effectiveness of public education efforts relating to levee risks;

(D)

the Standing Committee on Safety and Environment, which shall advise the Board regarding—

(i)

operation and maintenance activities for existing levee projects;

(ii)

opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees;

(iii)

opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and

(iv)

opportunities for collaboration by environmental protection and public safety interests in leveed areas and adjacent areas; and

(E)

such other standing committees as the Secretary, in consultation with the Board, determines to be necessary.

(3)

Membership

(A)

In general

The Board shall recommend to the Secretary for approval individuals for membership on the Standing Committees.

(B)

Qualifications

(i)

Individuals

Each member of a Standing Committee shall be knowledgeable in the issue areas for which the Committee is charged with advising the Board.

(ii)

As a whole

The membership of each Standing Committee, considered as a whole, shall represent, to the maximum extent practicable, broad geographical diversity.

(C)

Limitation

Each Standing Committee shall be comprised of not more than 10 members.

(f)

Duties and powers

The Board

(1)

shall submit to the Secretary and Congress an annual report regarding the effectiveness of the national levee safety program in accordance with section 6007; and

(2)

may secure from other Federal agencies such services, and enter into such contracts, as the Board determines to be necessary to carry out this subsection.

(g)

Task force coordination

The Board shall, to the maximum extent practicable, coordinate the activities of the Board with the Federal Interagency Floodplain Management Task Force.

(h)

Compensation

(1)

Federal employees

Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board.

(2)

Non-federal employees

To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the Board who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board.

(3)

Standing committee members

Each member of a Standing Committee shall—

(A)

serve in a voluntary capacity; but

(B)

receive a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the Board.

(i)

Nonapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board or the Standing Committees.

6006.

Inventory and inspection of levees

Section 9004(a)(2)(A) of the Water Resources Development Act of 2007 (33 U.S.C. 3303(a)(2)(A)) is amended by striking and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies and inserting and updated levee information provided by States, Indian tribes, Federal agencies, and other entities.

6007.

Reports

(a)

State of levees

(1)

In general

Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary in coordination with the Board, shall submit to Congress a report describing the state of levees in the United States and the effectiveness of the national levee safety program, including—

(A)

progress achieved in implementing the national levee safety program;

(B)

State and tribal participation in the national levee safety program;

(C)

recommendations to improve coordination of levee safety, floodplain management, and environmental protection concerns, including—

(i)

identifying and evaluating opportunities to coordinate public safety, floodplain management, and environmental protection activities relating to levees; and

(ii)

evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws; and

(D)

any recommendations for legislation and other congressional actions necessary to ensure national levee safety.

(2)

Inclusion

Each report under paragraph (1) shall include a report of the Board that describes the independent recommendations of the Board for the implementation of the national levee safety program.

(b)

National dam and levee safety program

Not later than 3 years after the date of enactment of this Act, to the maximum extent practicable, the Secretary, in coordination with the Board, shall submit to Congress a report that includes recommendations regarding the advisability and feasibility of, and potential approaches for, establishing a joint national dam and levee safety program.

(c)

Alignment of Federal programs relating to levees

Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on opportunities for alignment of Federal programs to provide incentives to State, tribal, and local governments and individuals and entities—

(1)

to promote shared responsibility for levee safety;

(2)

to encourage the development of strong State and tribal levee safety programs;

(3)

to better align the national levee safety program with other Federal flood risk management programs; and

(4)

to promote increased levee safety through other Federal programs providing assistance to State and local governments.

(d)

Liability for certain levee engineering projects

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent—

(1)

levee owners from obtaining needed levee engineering services; or

(2)

development and implementation of a State or tribal levee safety program.

6008.

Effect of title

Nothing in this title—

(1)

establishes any liability of the United States or any officer or employee of the United States (including the Board and the Standing Committees of the Board) for any damages caused by any action or failure to act; or

(2)

relieves an owner or operator of a levee of any legal duty, obligation, or liability incident to the ownership or operation of the levee.

6009.

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this title

(1)

for funding the administration and staff of the national levee safety program, the Board, the Standing Committees of the Board, and participating programs, $5,000,000 for each of fiscal years 2014 through 2023;

(2)

for technical programs, including the development of levee safety guidelines, publications, training, and technical assistance—

(A)

$5,000,000 for each of fiscal years 2014 through 2018;

(B)

$7,500,000 for each of fiscal years 2019 and 2020; and

(C)

$10,000,000 for each of fiscal years 2021 through 2023;

(3)

for public involvement and education programs, $3,000,000 for each of fiscal years 2014 through 2023;

(4)

to carry out the levee inventory and inspections under section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303) , $30,000,000 for each of fiscal years 2014 through 2018;

(5)

for grants to State and tribal levee safety programs, $300,000,000 for fiscal years 2014 through 2023; and

(6)

for levee rehabilitation assistance grants, $300,000,000 for fiscal years 2014 through 2023.

VII

Inland waterways

7001.

Purposes

The purposes of this title are—

(1)

to improve program and project management relating to the construction and major rehabilitation of navigation projects on inland waterways;

(2)

to optimize inland waterways navigation system reliability;

(3)

to minimize the size and scope of inland waterways navigation project completion schedules;

(4)

to eliminate preventable delays in inland waterways navigation project completion schedules; and

(5)

to make inland waterways navigation capital investments through the use of prioritization criteria that seek to maximize systemwide benefits and minimize overall system risk.

7002.

Definitions

In this title:

(1)

Inland Waterways Trust Fund

The term Inland Waterways Trust Fund means the Inland Waterways Trust Fund established by section 9506(a) of the Internal Revenue Code of 1986.

(2)

Qualifying project

The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is—

(A)

authorized before, on, or after the date of enactment of this Act;

(B)

not completed on the date of enactment of this Act; and

(C)

funded at least in part from the Inland Waterways Trust Fund.

(3)

Secretary

The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

7003.

Project delivery process reforms

(a)

Requirements for qualifying projects

With respect to each qualifying project, the Secretary shall require—

(1)

formal project management training and certification for each project manager;

(2)

assignment as project manager only of personnel fully certified by the Chief of Engineers; and

(3)

for an applicable cost estimation, that—

(A)

the estimation—

(i)

is risk-based; and

(ii)

has a confidence level of at least 80 percent; and

(B)

a risk-based cost estimate shall be implemented—

(i)

for a qualified project that requires an increase in the authorized amount in accordance with section 902 of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4183), during the preparation of a post-authorization change report or other similar decision document;

(ii)

for a qualified project for which the first construction contract has not been awarded, prior to the award of the first construction contract;

(iii)

for a qualified project without a completed Chief of Engineers report, prior to the completion of such a report; and

(iv)

for a qualified project with a completed Chief of Engineers report that has not yet been authorized, during design for the qualified project.

(b)

Additional project delivery process reforms

Not later than 18 months after the date of enactment of this Act, the Secretary shall—

(1)

establish a system to identify and apply on a continuing basis lessons learned from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects;

(2)

evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and

(3)

implement any additional measures that the Secretary determines will achieve the purposes of this title and the amendments made by this title, including, as the Secretary determines to be appropriate—

(A)

the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program;

(B)

the establishment of 1 or more centers of expertise for the design and review of qualifying projects;

(C)

the development and use of a portfolio of standard designs for inland navigation locks;

(D)

the use of full-funding contracts or formulation of a revised continuing contracts clause; and

(E)

the establishment of procedures for recommending new project construction starts using a capital projects business model.

(c)

Pilot projects

(1)

In general

Subject to paragraph (2), the Secretary may carry out 1 or more pilot projects to evaluate processes or procedures for the study, design, or construction of qualifying projects.

(2)

Inclusions

At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate—

(A)

early contractor involvement in the development of features and components;

(B)

an appropriate use of continuing contracts for the construction of features and components; and

(C)

applicable principles, procedures, and processes used for military construction projects.

(d)

Inland Waterways User Board

Section 302 of the Water Resources Development Act of 1986 (33 U.S.C. 2251) is amended—

(1)

by striking subsection (b) and inserting the following:

(b)

Duties of Users Board

(1)

In general

The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States.

(2)

Advice and recommendations

For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide—

(A)

prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels;

(B)

advice and recommendations to Congress regarding any report of the Chief of Engineers relating to those features and components;

(C)

advice and recommendations to Congress regarding an increase in the authorized cost of those features and components;

(D)

not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and

(E)

a long-term capital investment program in accordance with subsection (d).

(3)

Project development teams

The chairperson of the Users Board shall appoint a representative of the Users Board to serve on the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.

(4)

Independent judgment

Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board.

;

(2)

by redesignating subsection (c) as subsection (f); and

(3)

by inserting after subsection (b) the following:

(c)

Duties of Secretary

The Secretary shall—

(1)

communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and

(2)

submit to the Users Board a courtesy copy of all reports of the Chief of Engineers relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States.

(d)

Capital investment program

(1)

In general

Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop, and submit to Congress a report describing, a 20-year program for making capital investments on the inland and intracoastal waterways, based on the application of objective, national project selection prioritization criteria.

(2)

Consideration

In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board.

(3)

Criteria

In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)

(A)

are made in all geographical areas of the inland waterways system; and

(B)

ensure efficient funding of inland waterways projects.

(4)

Strategic review and update

Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in conjunction with the Users Board, shall—

(A)

submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and

(B)

make such revisions to the program as the Secretary and Users Board jointly consider to be appropriate.

(e)

Project management plans

The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) shall 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.

.

7004.

Major rehabilitation standards

(a)

In general

The Secretary shall develop a methodology for applying standard accounting principles when classifying activities as major rehabilitation projects.

(b)

Evaluations

The Secretary shall evaluate the effect of applying the methodology developed under subsection (a) to not less than 3 qualifying projects.

(c)

Report

The Secretary shall submit to Congress a report on the evaluation under subsection (b).

7005.

Inland waterways system revenues

(a)

Findings

Congress finds that—

(1)

there are approximately 12,000 miles of Federal waterways, known as the inland waterways system, that are supported by user fees and managed by the Corps of Engineers;

(2)

the inland waterways system spans 38 States and handles approximately one-half of all inland waterway freight;

(3)

according to the final report of the Inland Marine Transportation System Capital Projects Business Model, freight traffic on the Federal fuel-taxed inland waterways system accounts for 546,000,000 tons of freight each year;

(4)

expenditures for construction and major rehabilitation projects on the inland waterways system are equally cost-shared between the Federal Government and the Inland Waterways Trust Fund;

(5)

the Inland Waterways Trust Fund is financed through a fee of $0.20 per gallon on fuel used by commercial barges;

(6)

the balance of the Inland Waterways Trust Fund has declined significantly in recent years;

(7)

according to the final report of the Inland Marine Transportation System Capital Projects Business Model, the estimated financial need for construction and major rehabilitation projects on the inland waterways system for fiscal years 2011 through 2030 is approximately $18,000,000,000; and

(8)

users of the inland waterways system are supportive of an increase in the existing revenue sources for inland waterways system construction and major rehabilitation activities to expedite the most critical of those construction and major rehabilitation projects.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the existing revenue sources for inland waterways system construction and rehabilitation activities are insufficient to cover the costs of non-Federal interests of construction and major rehabilitation projects on the inland waterways system; and

(2)

the issue described in paragraph (1) should be addressed.

7006.

Efficiency of revenue collection

Not later than 2 years after the date of enactment of this Act, the Comptroller General shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include—

(1)

an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law;

(2)

whether alternative methods of collection would result in increased revenues into the Inland Waterways Trust Fund; and

(3)

an evaluation of alternative collection options.

VIII

Harbor maintenance

8001.

Short title

This title may be cited as the Harbor Maintenance Trust Fund Act of 2013 .

8002.

Purposes

The purposes of this title are—

(1)

to ensure that revenues collected into the Harbor Maintenance Trust Fund are used for the intended purposes of those revenues;

(2)

to increase investment in the operation and maintenance of United States ports, which are critical for the economic competitiveness of the United States;

(3)

to promote equity among ports nationwide; and

(4)

to ensure United States ports are prepared to meet modern shipping needs, including the capability to receive large ships that require deeper drafts.

8003.

Funding for harbor maintenance programs

(a)

Harbor maintenance trust fund guarantee

(1)

In general

The total budget resources made available from the Harbor Maintenance Trust Fund each fiscal year pursuant to section 9505(c) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall be equal to the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. Such amounts may be used only for harbor maintenance programs described in section 9505(c) of such Code.

(2)

Guarantee

No funds may be appropriated for harbor maintenance programs described in such section unless the amount described in paragraph (1) has been provided.

(b)

Definitions

In this section, the following definitions apply:

(1)

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.

(2)

Level of receipts plus interest

The term level of receipts plus interest means the level of taxes and interest credited to the Harbor Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; 99 Stat. 1092) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code.

(c)

Enforcement of guarantees

It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for harbor maintenance programs described in subsection (b)(1) for such fiscal year to be less than the amount required by subsection (a)(1) for such fiscal year.

8004.

Harbor Maintenance Trust Fund prioritization

(a)

In general

Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by adding at the end the following:

(c)

Prioritization

(1)

In general

Of the amounts made available under this section to carry out projects described in subsection (a)(2), the Secretary of the Army, acting through the Chief of Engineers, shall give priority to those projects in the following order:

(A)

In any fiscal year in which all projects subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or successor regulation) are not maintained to their authorized width and depth, the Secretary shall prioritize amounts made available under this section for those projects—

(i)

that are high-use deep draft; and

(ii)

for which construction is completed.

(B)

In any fiscal year in which the projects described in subparagraph (A) are maintained to their authorized width and depth, the Secretary shall prioritize not more than 20 percent of remaining amounts made available under this section for projects—

(i)

that have been maintained below their authorized width and depth during the preceding 5 fiscal years; and

(ii)

for which significant Federal, State, and local investments in infrastructure have been made at those projects.

(2)

Administration

For purposes of this subsection, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).

.

(b)

Operation and maintenance

Section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) is amended—

(1)

in paragraph (1), by striking 45 feet and inserting 50 feet; and

(2)

by adding at the end the following:

(3)

Operation and maintenance activities defined

(A)

Scope of operation and maintenance activities

Notwithstanding any other provision of law (including regulations and guidelines) and subject to subparagraph (B), for purposes of this subsection, operation and maintenance activities that are eligible for the Federal cost share under paragraph (1) shall include—

(i)

the dredging of berths in a harbor that is accessible to a Federal channel, if the Federal channel has been constructed to a depth equal to the authorized depth of the channel; and

(ii)

the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that—

(I)

are located in or affect the maintenance of Federal navigation channels; or

(II)

are located in berths that are accessible to Federal channels.

(B)

Limitations

(i)

In general

For each fiscal year, subparagraph (A) shall only apply if all operation and maintenance activities that are eligible for the Federal cost share under paragraph (1) in a State described in clause (ii) have been funded.

(ii)

State limitation

For each fiscal year, the operation and maintenance activities described in subparagraph (A) may only be carried out in a State that—

(I)

contributes not less than 2.5 percent annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of the Internal Revenue Code of 1986; and