In the nature of a substitute.

SA 799. Mrs. BOXER (for herself and Mr. Vitter) submitted an
amendment intended to be proposed by her to the bill S. 601, 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; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Water
Resources 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.
Sec. 2051. Indian Self-Determination and Education Assistance Act
conforming amendment.
Sec. 2052. Invasive species review.
Sec. 2053. Wetlands conservation study.
Sec. 2054. Dam modification study.
Sec. 2055. Non-Federal plans to provide additional flood risk
reduction.
Sec. 2056. Mississippi River forecasting improvements.
Sec. 2057. Flexibility in maintaining navigation.
Sec. 2058. Restricted areas at Corps of Engineers dams.
Sec. 2059. Maximum cost of projects.

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.
Sec. 3009. Point Judith Harbor of Refuge, Rhode Island.
Sec. 3010. Land conveyance of Hammond Boat Basin, Warrenton, Oregon.
Sec. 3011. Metro East Flood Risk Management Program, Illinois.
Sec. 3012. Florida Keys water quality improvements.
Sec. 3013. Des Moines Recreational River and Greenbelt, Iowa.
Sec. 3014. Land conveyance, Craney Island Dredged Material Management
Area, Portsmouth, Virginia.
Sec. 3015. Los Angeles County Drainage Area, California.
Sec. 3016. Oakland Inner Harbor Tidal Canal, California.
Sec. 3017. Redesignation of Lower Mississippi River Museum and
Riverfront Interpretive Site.
Sec. 3018. Louisiana Coastal Area.

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.
Sec. 5010. Aquatic nuisance species prevention, Great Lakes and
Mississippi River Basin.
Sec. 5011. Middle Mississippi River pilot program.
Sec. 5012. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and
Wyoming.
Sec. 5013. Chesapeake Bay oyster restoration in Virginia and Maryland.
Sec. 5014. Missouri River between Fort Peck Dam, Montana and Gavins
Point Dam, South Dakota and Nebraska.
Sec. 5015. Operations and maintenance of inland Mississippi River
ports.
Sec. 5016. Remote and subsistence harbors.

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.

[[Page S3170]]

Sec. 7003. Project delivery process reforms.
Sec. 7004. Major rehabilitation standards.
Sec. 7005. Inland waterways system revenues.
Sec. 7006. Efficiency of revenue collection.
Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois
and Kentucky.
Sec. 7008. Olmsted Locks and Dam, Lower Ohio River, Illinois and
Kentucky.

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.

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, tribal, and local permits.
Sec. 10013. Regulations.
Sec. 10014. Funding.
Sec. 10015. Report to Congress.

TITLE XI--EXTREME WEATHER

Sec. 11001. Study on risk reduction.
Sec. 11002. GAO study on management of flood, drought, and storm
damage.
Sec. 11003. Post-disaster watershed assessments.

SEC. 2. DEFINITION OF SECRETARY.

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

TITLE I--WATER RESOURCE PROJECTS

SEC. 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.

SEC. 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) a Report of the Chief of Engineers has been
completed; and
(B) after November 8, 2007, but prior to the date of
enactment of this Act, the Assistant Secretary of the Army
for Civil Works has submitted to Congress a recommendation to
authorize construction of the project.

SEC. 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 (b)(3)(B).
(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 or property,
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 revised cost estimate level for completing 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) De Minimis Amounts.--If the cost to complete
construction of an authorized water resources project would
exceed the limitations on the maximum cost of the project
under section 902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280), the Secretary may complete
construction of the project, notwithstanding the limitations
imposed by that section if--
(1) construction of the project is at least 70 percent
complete at the time the cost of the project is projected to
exceed the limitations; and
(2) the Federal cost to complete construction is less than
$5,000,000.
(d) 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.

TITLE II--WATER RESOURCES POLICY REFORMS

SEC. 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.

SEC. 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.''.

SEC. 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--

[[Page S3171]]

(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''.

SEC. 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.

SEC. 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 the
mitigation measures that will be implemented to meet the
requirements of this section and the goals of section
307(a)(1) of the Water Resources Development Act of 1990 (33
U.S.C. 2317(a)(1)).'';
(B) in paragraph (2)--
(i) in the heading, by striking ``Design'' and inserting
``Selection and design'';
(ii) by inserting ``select and'' after ``shall''; and
(iii) by inserting ``using a watershed approach'' after
``projects''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``, at a minimum,''
after ``complies with''; and
(ii) in subparagraph (B)--

(I) by striking clause (iii);
(II) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively; and
(III) by inserting after clause (ii) the following:

``(iii) for projects where mitigation will be carried out
by the Secretary--

``(I) a description of the land and interest in land to be
acquired for the mitigation plan;
``(II) the basis for a determination that the land and
interests are available for acquisition; and
``(III) a determination that the proposed interest sought
does not exceed the minimum interest in land necessary to
meet the mitigation requirements for the project;

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

``(I) a description of the third party mitigation
instrument to be used; and
``(II) the basis for a determination that the mitigation
instrument can meet the mitigation requirements for the
project;''; and

(2) by adding at the end the following:
``(h) Programmatic Mitigation Plans.--
``(1) In general.--The Secretary may develop 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 shall, to the maximum extent
practicable--
``(A) be developed on a regional, ecosystem, watershed, or
statewide scale;
``(B) include specific goals for aquatic resource and fish
and wildlife habitat restoration, establishment, enhancement,
or preservation;
``(C) identify priority areas for aquatic resource and fish
and wildlife habitat protection or restoration;
``(D) encompass multiple environmental resources within a
defined geographical area or focus on a specific resource,
such as aquatic resources or wildlife habitat; and
``(E) address impacts from all projects in a defined
geographical area or focus on a specific type of project.
``(5) Consultation.--The scope of the plan shall be
determined by the Secretary or an entity described in
paragraph (3), as appropriate, in consultation with the
agency with jurisdiction over the resources being addressed
in the environmental mitigation plan.
``(6) Contents.--A programmatic environmental mitigation
plan may include--
``(A) an assessment of the condition of environmental
resources in the geographical area covered by the plan,
including an assessment of recent trends and any potential
threats to those resources;
``(B) an assessment of potential opportunities to improve
the overall quality of environmental resources in the
geographical area covered by the plan through strategic
mitigation for impacts of water resources development
projects;
``(C) standard measures for mitigating certain types of
impacts;
``(D) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or
criteria for determining appropriate mitigation sites;
``(E) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to information
gathered through the monitoring;
``(F) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining
appropriate mitigation for certain types of resources; and
``(G) any offsetting benefits of self-mitigating projects,
such as ecosystem or resource restoration and protection.
``(7) Process.--Before adopting a programmatic
environmental mitigation plan for use under this subsection,
the Secretary shall--
``(A) for a plan developed by the Secretary--
``(i) make a draft of the plan available for review and
comment by applicable environmental resource agencies and the
public; and
``(ii) consider any comments received from those agencies
and the public on the draft plan; and
``(B) for a plan developed under paragraph (3), determine,
not later than 180 days after receiving the plan, whether the
plan meets the requirements of paragraphs (4) through (6) and
was made available for public comment.
``(8) Integration with other plans.--A programmatic
environmental mitigation plan may be integrated with other
plans, including watershed plans, ecosystem plans, species
recovery plans, growth management plans, and land use plans.
``(9) Consideration in project development and
permitting.--If a programmatic environmental mitigation plan
has been developed under this subsection, any Federal agency
responsible for environmental reviews, permits, or approvals
for a water resources development project may use the
recommendations in that programmatic environmental mitigation
plan when carrying out the responsibilities of the agency
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(10) Preservation of existing authorities.--Nothing in
this subsection limits the use of programmatic approaches to
reviews under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(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

[[Page S3172]]

``(ii) the purchase of credits from in-lieu fee mitigation
programs; and
``(B) contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and
wetlands if the Secretary determines that the contributions
will ensure that the mitigation requirements of this section
and the goals of section 307(a)(1) of the Water Resources
Development Act of 1990 (33 U.S.C. 2317(a)(1)) will be met.
``(2) Inclusion of other activities.--The banks, programs,
and efforts described in paragraph (1) include any banks,
programs, and efforts developed in accordance with applicable
law (including regulations).
``(3) Terms and conditions.--In carrying out natural
habitat and wetlands mitigation efforts under this section,
contributions to the mitigation effort may--
``(A) take place concurrent with, or in advance of, the
commitment of funding to a project; and
``(B) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and water resources
development planning processes.
``(4) Preference.--At the request of the non-Federal
project sponsor, preference may be given, to the maximum
extent practicable, to mitigating an environmental impact
through the use of a mitigation bank, in-lieu fee, or other
third-party mitigation arrangement, if the use of credits
from the mitigation bank or in-lieu fee, or the other third-
party mitigation arrangement for the project has been
approved by the applicable Federal agency.
``(j) Use of Funds.--The Secretary may use funds made
available for preconstruction engineering and design prior to
authorization of project construction to satisfy mitigation
requirements through third party mechanisms or 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).

SEC. 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)).''.

SEC. 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''.

SEC. 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:

``SEC. 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.''.

SEC. 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;

[[Page S3173]]

(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.

SEC. 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)(1), 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.

SEC. 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 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, and once every 2 years thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives an interim report on the use of the authority
under this section.
(B) Final report.--Not later than 10 years after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives 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.

SEC. 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

[[Page S3174]]

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.

SEC. 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.''.

SEC. 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 (except for any project
in the Apalachicola-Chattahoochee-Flint River system and the
Alabama-Coosa-Tallapoosa River system);
(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.--
(A) Existing agreements.--Nothing in this section--
(i) 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; or
(ii) supersedes or authorizes any amendment to a multistate
water-control plan, including the Missouri River Master Water
Control Manual (as in effect on the date of enactment of this
Act).
(B) Water rights.--Nothing in this section--
(i) affects any water right in existence on the date of
enactment of this Act; or
(ii) preempts or affects any State water law or interstate
compact governing water.
(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 project 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.

[[Page S3175]]

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

SEC. 2015. WATER SUPPLY.

Section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b) is amended by adding at the end the following:
``(e) The Committees of jurisdiction are very concerned
about the operation of projects in the Apalachicola-
Chattahoochee-Flint River System and the Alabama-Coosa-
Tallapoosa River System, and further, the Committees of
jurisdiction recognize that this ongoing water resources
dispute raises serious concerns related to the authority of
the Secretary of the Army to allocate substantial storage at
projects to provide local water supply pursuant to the Water
Supply Act of 1958 absent congressional approval. Interstate
water disputes of this nature are more properly addressed
through interstate water agreements that take into
consideration the concerns of all affected States including
impacts to other authorized uses of the projects, water
supply for communities and major cities in the region, water
quality, freshwater flows to communities, rivers, lakes,
estuaries, and bays located downstream of projects,
agricultural uses, economic development, and other
appropriate concerns. To that end, the Committees of
jurisdiction strongly urge the Governors of the affected
States to reach agreement on an interstate water compact as
soon as possible, and we pledge our commitment to work with
the affected States to ensure prompt consideration and
approval of any such agreement. Absent such action, the
Committees of jurisdiction should consider appropriate
legislation to address these matters including any necessary
clarifications to the Water Supply Act of 1958 or other law.
This subsection does not alter existing rights or obligations
under law.''.

SEC. 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).

SEC. 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.

SEC. 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.

SEC. 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''.

SEC. 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

[[Page S3176]]

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.

SEC. 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).

SEC. 2022. RESTORATION OF FLOOD AND HURRICANE STORM DAMAGE
REDUCTION PROJECTS.

(a) In General.--The Secretary shall carry out any measures
necessary to repair or restore federally authorized flood and
hurricane and storm damage reduction projects constructed by
the Corps of Engineers to authorized levels (as of the date
of enactment of this Act) of protection for reasons including
settlement, subsidence, sea level rise, and new datum, if the
Secretary determines the necessary work is technically
feasible, environmentally acceptable, and economically
justified.
(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 and hurricane and storm 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.

SEC. 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.

SEC. 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--

[[Page S3177]]

(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.

SEC. 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, coastal harbor and channel inland
navigation, and aquatic ecosystem restoration 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 management, design, and construction for
authorized Corps of Engineers water resources projects.
(c) Administration.--
(1) In general.--In carrying out the pilot program, the
Secretary shall--
(A) identify a total of not more than 15 projects for flood
risk management, hurricane and storm damage reduction
(including levees, floodwalls, flood control channels, and
water control structures), coastal harbor and channels,
inland navigation, and aquatic ecosystem restoration that
have been authorized for construction prior to the date of
enactment of this Act, including--
(i) not more than 12 projects that--

(I)(aa) have received Federal funds prior to the date of
enactment of this Act; or
(bb) for more than 2 consecutive fiscal years, have an
unobligated funding balance for that project in the Corps of
Engineers construction account; and
(II) to the maximum extent practicable, are located in each
of the divisions of the Corps of Engineers; and

(ii) not more than 3 projects that have not received
Federal funds in the period beginning on the date on which
the project was authorized and ending on the date of
enactment of this Act;
(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 estimated funding levels, 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 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 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives 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 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.

SEC. 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,

[[Page S3178]]

hurricane and storm damage reduction, aquatic ecosystem
restoration, and coastal harbor and channel and inland
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 navigation; and
(D) aquatic 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 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.

SEC. 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''.

SEC. 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.

SEC. 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.

SEC. 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:

``SEC. 156. BEACH NOURISHMENT.

``(a) In General.--Subject to subsection (b)(2)(A), 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.--
``(1) In general.--Except as provided in paragraph (3),
before the date on which the 50-year period referred to in
subsection (a)(1) expires, the Secretary of the Army, acting
through the Chief of Engineers--
``(A) 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
``(B) shall submit to Congress any recommendations of the
Secretary relating to the review.
``(2) Plan for reducing risk to people and property.--

[[Page S3179]]

``(A) In general.--The non-Federal interest shall submit to
the Secretary a plan for reducing the risk to people and
property during the life of the project.
``(B) Inclusion in report to congress.--The Secretary shall
submit to Congress the plan described in subparagraph (A)
with the recommendations submitted in paragraph (1)(B).
``(3) Review commenced within 2 years of expiration of 50-
year period.--
``(A) In general.--If the Secretary of the Army commences a
review under paragraph (1) not earlier than the period
beginning on the date that is 2 years before the date on
which the 50-year period referred to in subsection (a)(1)
expires and ending on the date on which the 50-year period
expires, the project shall remain authorized after the
expiration of the 50-year period until the earlier of--
``(i) 3 years after the expiration of the 50-year period;
or
``(ii) the date on which a determination is made as to
whether to extend Federal participation in the project in
accordance with paragraph (1).
``(B) Calculation of time period for extension.--
Notwithstanding clauses (i) and (ii) of subparagraph (A) and
after a review under subparagraph (A) is completed, if a
determination is made to extend Federal participation in the
project in accordance with paragraph (1) for a period not to
exceed 15 years, that period shall begin on the date on which
the determination is made.''.

SEC. 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;''.

SEC. 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.

SEC. 2033. PROJECT ACCELERATION.

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

``SEC. 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 resource 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 resource
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
resource project under any Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(3) Federal jurisdictional agency.--The term `Federal
jurisdictional agency' means a Federal agency with
jurisdiction delegated by law, regulation, order, or
otherwise over an approval or decision required for a water
resource project under applicable Federal laws (including
regulations).
``(4) 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 section 1506.3 of title 40, Code of Federal Regulations
(or a successor regulation).
``(5) Water resource project.--The term `water resource
project' means a Corps of Engineers water resource project.
``(b) Policy.--The benefits of water resource projects
designed and carried out in an economically and
environmentally sound manner are important to the economy and
environment of the United States, and recommendations to
Congress regarding those projects should be developed using
coordinated and efficient review and cooperative efforts to
prevent or quickly resolve disputes during the planning of
those water resource projects.
``(c) Applicability.--
``(1) In general.--The project planning procedures under
this section apply to proposed 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
resource 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 planning of a water
resource 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 resource 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

[[Page S3180]]

by a water resource project, guidance documents that describe
the coordinated review processes that the Secretary will use
to implement this section for the planning of water resource
projects, in accordance with the civil works program of the
Corps of Engineers and all applicable law.
``(d) Water Resource Project Review Process.--
``(1) In general.--The Secretary shall develop and
implement a coordinated review process for the development of
water resource projects.
``(2) Coordinated review.--The coordinated review process
described in paragraph (1) shall require that any analysis,
opinion, permit, license, statement, and approval issued or
made by a Federal, State, or local governmental agency or an
Indian tribe for the planning of a water resource project
described in subsection (b) be conducted, to the maximum
extent practicable, concurrently with any other applicable
governmental agency or Indian tribe.
``(3) Timing.--The coordinated review process under this
subsection shall be completed not later than the date on
which the Secretary, in consultation and concurrence with the
agencies identified under subsection (e), establishes with
respect to the water resource project.
``(e) Identification of Jurisdictional Agencies.--With
respect to the development of each water resource 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 water resource project;
``(2) be required by law to conduct or issue a review,
analysis, or opinion for the water resource project; or
``(3) be required to make a determination on issuing a
permit, license, or approval for the water resource project.
``(f) State Authority.--If the coordinated review process
is being implemented under this section by the Secretary with
respect to the planning of a water resource 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 water resource project;
``(2) are required to conduct or issue a review, analysis,
or opinion for the water resource project; or
``(3) are required to make a determination on issuing a
permit, license, or approval for the water resource 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 resource 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.),
including the concurrence of the proposed joint lead agency,
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, with the concurrence of the Secretary, 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 under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) required in support of any action or
approval by the Secretary if--

``(I) the Secretary provides guidance in the preparation
process and independently evaluates that document
``(II) the non-Federal interest complies with all
requirements applicable to the Secretary under--

``(aa) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(bb) any regulation implementing that Act; and
``(cc) any other applicable Federal law; and

``(III) 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 under
paragraph (2)(B) to address any changes to the water resource
project the Secretary determines are 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 under--
``(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(B) parts 1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations).
``(5) Roles and responsibility of lead agency.--With
respect to the environmental review process for any water
resource 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 resource project; and
``(B) to prepare or ensure that any required environmental
impact statement or other environmental review document for a
water resource 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 and Cooperating Agencies.--
``(1) Invitation.--
``(A) In general.--The lead agency shall identify, as early
as practicable in the environmental review process for a
water resource project, any other Federal or non-Federal
agencies that may have an interest in that project and invite
those agencies to become participating or cooperating
agencies, as applicable, in the environmental review process
for the water resource project.
``(B) Procedures.--Section 1501.6 of title 40, Code of
Federal Regulations (as in effect on the date of enactment of
the Water Resources Development Act of 2013) shall govern the
identification and the participation of a cooperating agency
under subparagraph (A).
``(C) 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 cooperating agencies.--Any Federal agency
that is invited by the lead agency to participate in the
environmental review process for a water resource project
shall be designated as a cooperating 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)(i) has no jurisdiction or authority with respect to
the water resource project;
``(ii) has no expertise or information relevant to the
water resource project; or
``(iii) does not have adequate funds to participate in the
water resource project; and
``(B) does not intend to submit comments on the water
resource project.
``(3) Effect of designation.--Designation as a
participating or cooperating agency under this subsection
shall not imply that the participating or cooperating
agency--
``(A) supports a proposed water resource project; or
``(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the water resource project.
``(4) Concurrent reviews.--Each cooperating agency shall--
``(A) carry out the obligations of that agency under other
applicable law concurrently and in conjunction with the
required environmental review process, unless doing so would
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
regarding the use of programmatic approaches to carry out the
environmental review process that--
``(A) eliminates repetitive discussions of the same issues;
``(B) focuses on the actual issues ripe for analyses at
each level of review;
``(C) establishes a formal process for coordinating with
cooperating agencies, including the creation of a list of all
data that is needed to carry out an environmental review
process; and
``(D) complies with--
``(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(ii) all other applicable laws.
``(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
``(A) as the first step in drafting guidance under that
paragraph, consult with relevant Federal and State agencies,
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

[[Page S3181]]

``(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, after
consultation with and with the concurrence of each
cooperating agency for the water resource project and the
non-Federal interest or joint lead agency, as applicable,
establish a plan for coordinating public and agency
participation in, and comment on, the environmental review
process for a water resource project or a category of water
resource 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 water resource 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 and cooperating 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 of an
action within a program under the authority of the lead
agency 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
cooperating 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
described in subsection (k)(6)(B)(ii), 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 reduces any time period provided for public
comment in the environmental review process under applicable
Federal law (including regulations).
``(k) Issue Identification and Resolution.--
``(1) Cooperation.--The lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the
environmental review process or result in the denial of any
approval required for the water resource project under
applicable laws.
``(2) Lead agency responsibilities.--
``(A) In general.--The lead agency shall make information
available to the cooperating agencies and participating
agencies as early as practicable in the environmental review
process regarding the environmental and socioeconomic
resources located within the water resource 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) Cooperating and participating agency
responsibilities.--Based on information received from the
lead agency, cooperating and participating agencies shall
identify, as early as practicable, any issues of concern
regarding the potential environmental or socioeconomic
impacts of the water resource project, including any issues
that could substantially delay or prevent an agency from
granting a permit or other approval that is needed for the
water resource project.
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) In general.--Not later than 45 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 water resource project.
``(B) Deadlines.--
``(i) In general.--The deadlines referred to in
subparagraph (A) shall be those established by the Secretary,
in consultation with and with the concurrence of 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 cooperating 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 water
resource project;
``(IV) the overall schedule for and cost of the water
resource project; and
``(V) the sensitivity of the natural and historical
resources that could be affected by the water resource
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 lead 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 elevation.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A cooperating 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
cooperating 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
water resource 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 cooperating agencies of the request, including the
issue to be resolved and the date for the meeting.
``(v) Disputes.--If a relevant cooperating agency with
jurisdiction over an action, including a permit approval,
review, or other statement or opinion required for a water
resource 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) notifies, with a supporting explanation, the lead
agency, cooperating agencies, and non-Federal interest, as
applicable, 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,
tribal, State, or local law;
``(BB) significant new information, including from public
comments, or circumstances, including a major modification to
an aspect of the water resource project, requires additional
analysis for the agency to make a decision on the water
resource project application; or
``(CC) the agency lacks the financial resources to complete
the review under the scheduled time frame, including a
description of the number of full-time employees required to
complete the review, the amount of funding required to
complete the review, and a justification as to why there is
not enough funding available to complete the review by the
deadline; and
``(bb) establishes a new deadline for completion of the
review.

[[Page S3182]]

``(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 cooperating 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) Submission of issue resolution.--
``(i) Submission 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 submit 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
submission 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 cooperating agencies and the non-Federal interest.
``(III) Additional hearings.--The Council on Environmental
Quality may hold public meetings or hearings to obtain
additional views and information that the Council on
Environmental Quality determines are necessary, consistent
with the time frames described in this paragraph.

``(ii) Remedies.--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--

``(I) publish findings that explain how the issue was
resolved and recommendations (including, where appropriate, a
finding that the submission does not support the position of
the submitting agency); or
``(II) if the resolution of the issue was not achieved,
submit to the President for action--

``(aa) the submission;
``(bb) any views or additional information developed during
any additional hearings under clause (i)(III); and
``(cc) the recommendation of the Council on Environmental
Quality.
``(6) Financial penalty provisions.--
``(A) In general.--A Federal jurisdictional agency shall
complete any required approval or decision on an expeditious
basis using the shortest existing applicable process.
``(B) Failure to decide.--
``(i) In general.--If a Federal jurisdictional agency fails
to render a decision under any Federal law relating to a
water resource project that requires the preparation of an
environmental impact statement or environmental assessment,
including the issuance or denial of a permit, license,
statement, opinion, or other approval by the date described
in clause (ii), the amount of funds made available to support
the office of the head of the Federal jurisdictional agency
shall be reduced by an amount of funding equal to the amounts
specified in subclause (I) or (II) and those funds shall be
made available to the division of the Federal jurisdictional
agency charged with rendering the decision by not later than
1 day after the applicable date under clause (ii), and once
each week thereafter until a final decision is rendered,
subject to subparagraph (C)--

``(I) $20,000 for any water resource project requiring the
preparation of an environmental assessment or environmental
impact statement; or
``(II) $10,000 for any water resource 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 water
resource 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 water resource 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.
``(iii) Aggregate.--Notwithstanding any other provision of
law, for each fiscal year, the aggregate amount of financial
penalties assessed against each applicable agency office
under title II of the Water Resources Development Act of 2013
and any other Federal law as a result of a failure of the
agency to make a decision by an applicable deadline for
environmental review, including the total amount transferred
under this paragraph, shall not exceed an amount equal to 9.5
percent of the funds made available for the agency office for
that fiscal year.
``(D) No fault of agency.--
``(i) In general.--A transfer of funds under this paragraph
shall not be made if the applicable agency described in
subparagraph (A) notifies, with a supporting explanation, the
lead agency, cooperating agencies, and non-Federal interest,
as applicable, 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, including from public
comments, or circumstances, including a major modification to
an aspect of the water resource project, requires additional
analysis for the agency to make a decision on the water
resource project application; or
``(III) the agency lacks the financial resources to
complete the review under the scheduled time frame, including
a description of the number of full-time employees required
to complete the review, the amount of funding required to
complete the review, and a justification as to why there is
not enough funding available to complete the review by the
deadline.

``(ii) Lack of financial resources.--If the agency provides
notice under clause (i)(III), the Inspector General of the
agency shall--

``(I) conduct a financial audit to review the notice; and
``(II) not later than 90 days after the date on which the
review described in subclause (I) is completed, submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the notice.

``(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) 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 resource 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 resource 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, Indian tribe, State and local governments, and
other appropriate entities to carry out the early
coordination activities, including providing technical
assistance in identifying potential impacts and mitigation
issues in an integrated fashion.
``(n) Limitations.--Nothing in this section preempts,
supersedes, amends, modifies, repeals, or interferes with--
``(1) any statutory or regulatory requirement, including
for seeking, considering, or responding to public comment;
``(2) any obligation to comply with the provisions any
Federal law, including--
``(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(B) the regulations issued by the Council on
Environmental Quality or any other Federal agency to carry
out that Act; and
``(C) any other Federal environmental law;
``(3) the reviewability of any final Federal agency action
in a court of the United States or in the court of any State;
``(4) any practice of seeking, considering, or responding
to public comment; or
``(5) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental
agency, Indian tribe, or

[[Page S3183]]

non-Federal interest has with respect to carrying out a water
resource project or any other provision of law applicable to
water resource 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 resource projects since 2005;
``(B) publish a review of the survey that includes a
description of--
``(i) the types of actions that were categorically excluded
or could be the basis for developing a new categorical
exclusion; and
``(ii) any requests previously received by the Secretary
for new categorical exclusions; and
``(C) solicit requests from other Federal agencies and non-
Federal 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 category of activities that merit
establishing 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 Resource 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.''.

SEC. 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).''.

SEC. 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.

SEC. 2036. DETERMINATION OF PROJECT COMPLETION.

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

SEC. 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.

SEC. 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''.

SEC. 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.

[[Page S3184]]

(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.

SEC. 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--
(1) by inserting ``and subject to the condition that the
Chief of Engineers may include modifications to the structure
or project'' after ``work for flood control''; and
(2) 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 or
implement nonstructural alternatives to the repair or
restoration of the structure if requested by the non-Federal
sponsor''.
(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 structure, feature, or project for which amounts
are expended, including the type of structure, feature, or
project and cost of the work; and
(B) how the Secretary has repaired, restored, replaced, or
modified each structure, feature, or project or intends to
restore the structure, feature, or project to the design
level of protection for the structure, feature, or project.

SEC. 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.

SEC. 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.''.

SEC. 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 technically feasible, environmentally
acceptable, economically justified, 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;

[[Page S3185]]

(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.

SEC. 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).

SEC. 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 or restore ecosystems of national
significance; or
(C) preserve or restore habitats of importance for
federally protected species, including migratory birds; and
(2) for which the restoration activities will contribute to
other ongoing or planned Federal, State, or local restoration
initiatives.

SEC. 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''.

SEC. 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--

[[Page S3186]]

(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)).

SEC. 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.

SEC. 2049. PROJECT DEAUTHORIZATIONS.

(a) In General.--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.''.
(b) Infrastructure Deauthorization Commission.--
(1) Purposes.--The purposes of this subsection are--
(A) to establish a process for identifying authorized Corps
of Engineers water resources projects that are no longer in
the Federal interest and no longer feasible;
(B) to create a commission--
(i) to review suggested deauthorizations, including
consideration of recommendations of the States and the
Secretary for the deauthorization of water resources
projects; and
(ii) to make recommendations to Congress;
(C) to ensure public participation and comment; and
(D) to provide oversight on any recommendations made to
Congress by the Commission.
(2) Infrastructure deauthorization commission.--
(A) Establishment.--There is established an independent
commission to be known as the ``Infrastructure
Deauthorization Commission'' (referred to in this paragraph
as the ``Commission'').
(B) Duties.--The Commission shall carry out the review and
recommendation duties described in paragraph (5).
(C) Membership.--
(i) In general.--The Commission shall be composed of 8
members, who shall be appointed by the President, by and with
the advice and consent of the Senate according to the
expedited procedures described in clause (ii).
(ii) Expedited nomination procedures.--

(I) Privileged nominations; information requested.--On
receipt by the Senate of a nomination under clause (i), the
nomination shall--

(aa) be placed on the Executive Calendar under the heading
``Privileged Nominations--Information Requested''; and
(bb) remain on the Executive Calendar under that heading
until the Executive Clerk receives a written certification
from the Chairman of the committee of jurisdiction under
subclause (II).

(II) Questionnaires.--The Chairman of the Committee on
Environment and Public Works of the Senate shall notify the
Executive Clerk in writing when the appropriate biographical
and financial questionnaires have been received from an
individual nominated for a position under clause (i).
(III) Privileged nominations; information received.--On
receipt of the certification under subclause (II), the
nomination shall--

(aa) be placed on the Executive Calendar under the heading
``Privileged Nomination--Information Received'' and remain on
the Executive Calendar under that heading for 10 session
days; and
(bb) after the expiration of the period referred to in item
(aa), be placed on the ``Nominations'' section of the
Executive Calendar.

(IV) Referral to committee of jurisdiction.--During the
period when a nomination under clause (i) is listed under the
``Privileged Nomination--Information Requested'' section of
the Executive Calendar described in subclause (I)(aa) or the
``Privileged Nomination--Information Received'' section of
the Executive Calendar described in subclause (III)(aa)--

(aa) any Senator may request on his or her own behalf, or
on the behalf of any identified Senator that the nomination
be referred to the appropriate committee of jurisdiction; and
(bb) if a Senator makes a request described in paragraph
item (aa), the nomination shall be referred to the
appropriate committee of jurisdiction.

(V) Executive calendar.--The Secretary of the Senate shall
create the appropriate sections on the Executive Calendar to
reflect and effectuate the requirements of this clause.
(VI) Committee justification for new executive positions.--
The report accompanying each bill or joint resolution of a
public character reported by any committee shall contain an
evaluation and justification made by that committee for the
establishment in the measure being reported of any new
position appointed by the President within an existing or new
Federal entity.

(iii) Qualifications.--Members of the Commission shall be
knowledgeable about Corps of Engineers water resources
projects.
(iv) Geographical diversity.--To the maximum extent
practicable, the members of the Commission shall be
geographically diverse.
(D) Compensation of members.--
(i) In general.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(ii) Federal employees.--All members of the Commission who
are officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(iii) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Commission.
(3) State water resources infrastructure plan.--Not later
than 2 years after the date of enactment of this Act, each
State, in consultation with local interests, may develop and
submit to the Commission, the

[[Page S3187]]

Committee on Environment and Public Works of the Senate, and
the Committee on Transportation and Infrastructure of the
House of Representatives, a detailed statewide water
resources plan that includes a list of each water resources
project that the State recommends for deauthorization.
(4) Corps of engineers infrastructure plan.--Not later than
2 years after the date of enactment of this Act, the
Secretary shall submit to the Commission, the Committee on
Environment and Public Works of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives a detailed plan that--
(A) contains a detailed list of each water resources
project that the Corps of Engineers recommends for
deauthorization; and
(B) is based on assessment by the Secretary of the needs of
the United States for water resources infrastructure, taking
into account public safety, the economy, and the environment.
(5) Review and recommendation commission.--
(A) In general.--On the appointment and confirmation of all
members of the Commission, the Commission shall solicit
public comment on water resources infrastructure issues and
priorities and recommendations for deauthorization, including
by--
(i) holding public hearings throughout the United States;
and
(ii) receiving written comments.
(B) Recommendations.--
(i) In general.--Not later than 4 years after the date of
enactment of this Act, the Commission shall submit to
Congress a list of water resources projects of the Corps of
Engineers for deauthorization.
(ii) Considerations.--In carrying out this paragraph, the
Commission shall establish criteria for evaluating projects
for deauthorization, which shall include consideration of--

(I) the infrastructure plans submitted by the States and
the Secretary under paragraphs (3) and (4);
(II) any public comment received during the period
described in subparagraph (A);
(III) public safety and security;
(IV) the environment; and
(V) the economy.

(C) Non-eligible projects.--The following types of projects
shall not be eligible for review for deauthorization by the
Commission:
(i) Any project authorized after the date of enactment of
the Water Resources Development Act of 1996 (Public Law 104-
303; 110 Stat. 3658), including any project that has been
reauthorized after that date.
(ii) Any project that, as of the date of enactment of this
Act, is undergoing a review by the Corps of Engineers.
(iii) Any project that has received appropriations in the
10-year period ending on the date of enactment of this Act.
(iv) Any project that, on the date of enactment of this
Act, is more than 50 percent complete.
(v) Any project that has a viable non-Federal sponsor.
(D) Congressional disapproval.--Any water resources project
recommended for deauthorization on the list submitted to
Congress under subparagraph (B) shall be deemed to be
deauthorized unless Congress passes a joint resolution
disapproving of the entire list of deauthorized water
resources projects prior to the date that is 180 days after
the date on which the Commission submits the list to
Congress.

SEC. 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 General Expenses account of the civil works program of
the Army Corps of Engineers into the account of the division
of the Army Corps of Engineers with responsibility for
completing that report.
(2) Subsequent reprogramming.--Subject to subsection (d),
for each additional week after the date described in
paragraph (1) in which a report described in that paragraph
remains uncompleted and unsubmitted to Congress, $5,000 shall
be reprogrammed from the General Expenses account of the
civil works program of the Army Corps of Engineers into the
account of the division of the Secretary of the Army with
responsibility for completing that report.
(d) Limitations.--
(1) In general.--For each report, the total amounts
reprogrammed under subsection (c) shall not exceed, in any
fiscal year, $50,000.
(2) Aggregate limitation.--The total amount reprogrammed
under subsection (c) in a fiscal year shall not exceed
$200,000.
(e) No Fault of the Secretary.--Amounts shall not be
reprogrammed under subsection (c) if the Secretary certifies
in a letter to the applicable committees of Congress that--
(1) a major modification has been made to the content of
the report that requires additional analysis for the
Secretary to make a final decision on the report;
(2) amounts have not been appropriated to the agency under
this Act or any other Act to carry out the report; or
(3) additional information is required from an entity other
than the Corps of Engineers and is not available in a timely
manner to complete the report by the deadline.
(f) Limitation.--The Secretary shall not reprogram funds to
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.

SEC. 2051. INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
ACT CONFORMING AMENDMENT.

Section 106(k) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450j-1(k)) is amended by
adding at the end the following:
``(13) Interest payments, the retirement of principal, the
costs of issuance, and the costs of insurance or a similar
credit support for a debt financing instrument, the proceeds
of which are used to support a contracted construction
project.''.

SEC. 2052. INVASIVE SPECIES REVIEW.

The Secretary, in consultation with the Director of the
United States Fish and Wildlife Service, the Chairman of the
Tennessee Valley Authority, and other applicable heads of
Federal agencies, shall--
(1) carry out a review of existing Federal authorities
relating to responding to invasive species, including aquatic
weeds, aquatic snails, and other aquatic invasive species,
that have an impact on water resources; and
(2) based on the review under paragraph (1), make any
recommendations to Congress and applicable State agencies for
improving Federal and State laws to more effectively respond
to the threats posed by those invasive species.

SEC. 2053. WETLANDS CONSERVATION STUDY.

(a) In General.--The Comptroller General of the United
States shall carry out a study to identify all Federal
programs relating to wetlands conservation.
(b) Report.--The Comptroller General of the United States
shall submit to Congress a report based on the study under
subsection (a) describing options for maximizing wetlands
conservation benefits while reducing redundancy, increasing
efficiencies, and reducing costs.

SEC. 2054. DAM MODIFICATION STUDY.

(a) In General.--The Comptroller General of the United
States shall, in consultation with the Corps of Engineers,
the Southeastern Power Administration, Federal hydropower
customers, downstream communities, and other stakeholders,
carry out a study to evaluate the structural modifications
made at Federal dams in the Cumberland River Basin beginning
on January 1, 2000.
(b) Contents.--The study under subsection (a) shall
examine--
(1) whether structural modifications at each dam have
utilized new state-of-the-art design criteria deemed
necessary for safety purposes that have not been used in
other circumstances;
(2) whether structural modifications at each dam for
downstream safety were executed in accordance with
construction criteria that had changed from the original
construction criteria;
(3) whether structural modifications at each dam assured
safety;
(4) any estimates by the Corps of Engineers of consequences
of total dam failure if state-of-the-art construction
criteria deemed necessary for safety purposes were not
employed; and
(5) whether changes in underlying geology at any of the
Federal dams in the Cumberland River Basin required
structural modifications to assure dam safety.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report based on the study
under subsection (a) with findings on whether, with respect
to structural modifications at Federal dams in the Cumberland
River Basin, the Corps of Engineers has selected and
implemented design criteria that rely on state-of-the-art
design and construction criteria that will provide for the
safety of downstream communities.

SEC. 2055. NON-FEDERAL PLANS TO PROVIDE ADDITIONAL FLOOD RISK
REDUCTION.

(a) In General.--If requested by a non-Federal interest,
the Secretary shall construct a locally preferred plan that
provides a higher level of protection than a flood risk
management project authorized under this Act if the Secretary
determines that--
(1) the plan is technically feasible and environmentally
acceptable; and
(2) the benefits of the plan exceed the costs of the plan.
(b) Non-Federal Cost Share.--If the Secretary constructs a
locally preferred plan under subsection (a), the Federal
share of the cost of the project shall be not greater than
the share as provided by law for elements of the national
economic development plan.

[[Page S3188]]

SEC. 2056. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.

(a) In General.--The Secretary, in consultation with the
Secretary of the department in which the Coast Guard is
operating, the Director of the United States Geological
Survey, the Administrator of the National Oceanic and
Atmospheric Administration, and the Director of the National
Weather Service, as applicable, shall improve forecasting on
the Mississippi River by--
(1) updating forecasting technology deployed on the
Mississippi River and its tributaries through--
(A) the construction of additional automated river gages;
(B) the rehabilitation of existing automated and manual
river gages; and
(C) the replacement of manual river gages with automated
gages, as the Secretary determines to be necessary;
(2) constructing additional sedimentation ranges on the
Mississippi River and its tributaries; and
(3) deploying additional automatic identification system
base stations at river gage sites.
(b) Prioritization.--In carrying out this section, the
Secretary shall prioritize the sections of the Mississippi
River on which additional and more reliable information would
have the greatest impact on maintaining navigation on the
Mississippi River.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the activities carried out by the Secretary under
this section.

SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGATION.

(a) In General.--If the Secretary, in consultation with the
Secretary of the department in which the Coast Guard is
operating, determines it to be critical to maintaining safe
and reliable navigation within the authorized Federal
navigation channel on the Mississippi River, the Secretary
may carry out only those activities outside the authorized
Federal navigation channel along the Mississippi River,
including the construction and operation of maintenance of
fleeting areas, that are necessary for safe and reliable
navigation in the Federal channel.
(b) Report.--Not later than 60 days after initiating an
activity under this section, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that includes--
(1) a description of the activities undertaken, including
the costs associated with the activities; and
(2) a comprehensive description of how the activities are
necessary for maintaining safe and reliable navigation of the
Federal channel.

SEC. 2058. RESTRICTED AREAS AT CORPS OF ENGINEERS DAMS.

(a) Definitions.--In this section:
(1) Restricted area.--The term ``restricted area'' means a
restricted area for hazardous waters at dams and other civil
works structures in the Cumberland River basin established
pursuant to chapter 10 of the regulation entitled ``Project
Operations: Navigation and Dredging Operations and
Maintenance Policies'', published by the Corps of Engineers
on November 29, 1996, and any related regulations or
guidance.
(2) State.--The term ``State'' means the applicable agency
of the State (including an official of that agency) in which
the applicable dam is located that is responsible for
enforcing boater safety.
(b) Restriction on Physical Barriers.--Subject to
subsection (c), the Secretary, acting through the Chief of
Engineers, in the establishing and enforcing restricted
areas, shall not take any action to establish a permanent
physical barrier to prevent public access to waters
downstream of a dam owned by the Corps of Engineers.
(c) Exclusions.--For purposes of this section, the
installation and maintenance of measures for alerting the
public of hazardous water conditions and restricted areas,
including sirens, strobe lights, and signage, shall not be
considered to be a permanent physical barrier under
subsection (b).
(d) Enforcement.--
(1) In general.--Enforcement of a restricted area shall be
the sole responsibility of a State.
(2) Existing authorities.--The Secretary shall not assess
any penalty for entrance into a restricted area under section
4 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 December 22, 1944
(16 U.S.C. 460d).
(e) Development or Modification of Restricted Areas.--In
establishing a new restricted area or modifying an existing
restricted area, the Secretary shall--
(1) ensure that any restrictions are based on operational
conditions that create hazardous waters; and
(2) publish a draft describing the restricted area and seek
and consider public comment on that draft prior to
establishing or modifying any restricted area.
(f) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall apply to the establishment of a new restricted area or
the modification of an existing restricted area on or after
August 1, 2012.
(2) Existing restrictions.--If the Secretary, acting
through the Chief of Engineers, has established a new
restricted area or modified an existing restricted area
during the period beginning on August 1, 2012, and ending on
the date of enactment of this Act, the Secretary shall--
(A) cease implementing the restricted area until the later
of--
(i) such time as the restricted area meets the requirements
of this section; and
(ii) the date that is 2 years after the date of enactment
of this Act; and
(B) remove any permanent physical barriers constructed in
connection with the restricted area.

SEC. 2059. MAXIMUM COST OF PROJECTS.

Section 902 of the Water Resources Development Act of 1986
(33 U.S.C. 2280) is amended--
(1) by striking ``In order to'' and inserting the
following:
``(a) In General.--In order to''; and
(2) by adding at the end the following:
``(b) Contributed Funds.--Nothing in this section affects
the authority of the Secretary to complete construction of a
water resources development project using funds contributed
under section 5 of the Act of June 22, 1936 (33 U.S.C.
701h).''.

TITLE III--PROJECT MODIFICATIONS

SEC. 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.

SEC. 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''.

SEC. 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.''.

SEC. 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 specific project
recommendations in the report developed for that study.

SEC. 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.''.

SEC. 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

[[Page S3189]]

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.
(e) Clatsop County Diking District No. 10, Karlson Island,
Oregon.--Beginning on the date of enactment of this Act, the
Secretary is no longer authorized to carry out the Diking
District No. 10, Karlson Island portion of the project for
raising and improving existing levees in Clatsop County,
Oregon, authorized by section 5 of the Act of June 22, 1936
(33 U.S.C. 701h).
(f) Numberg Dike No. 34 Leveed Area, Clatsop County Diking
District No. 13, Clatsop County, Oregon (Walluski-Youngs).--
Beginning on the date of enactment of this Act, the Secretary
is no longer authorized to carry out the Numberg Dike No. 34
leveed area, Clatsop County Diking District, No. 13, Walluski
River and Youngs River dikes, portion of the project for
raising and improving existing levees in Clatsop County,
Oregon, authorized by section 5 of the Act of June 22, 1936
(33 U.S.C. 701h).
(g) Port of Hood River, Oregon.--
(1) Extinguishment of portions of existing flowage
easement.--With respect to the properties described in
paragraph (2), beginning on the date of enactment of this
Act, the flowage easement identified as Tract 1200E-6 on the
Easement Deed recorded as Instrument No. 740320 is
extinguished above elevation 79.39 feet (NGVD 29) the
Ordinary High Water Line.
(2) Affected properties.--The properties referred to in
paragraph (1), as recorded in Hood River County, Oregon, are
as follows:
(A) Instrument Number 2010-1235
(B) Instrument Number 2010-02366.
(C) Instrument Number 2010-02367.
(D) Parcel 2 of Partition Plat #2011-12P.
(E) Parcel 1 of Partition Plat 2005-26P.
(3) Federal liabilities; cultural, environmental, and other
regulatory reviews.--
(A) Federal liability.--The United States shall not be
liable for any injury caused by the extinguishment of the
easement under this subsection.
(B) Cultural and environmental regulatory actions.--Nothing
in this subsection establishes any cultural or environmental
regulation relating to the properties described in paragraph
(2).
(4) Effect on other rights.--Nothing in this subsection
affects any remaining right or interest of the Corps of
Engineers in the properties described in paragraph (2).
(h) Eightmile River, Connecticut.--
(1) The portion of the project for navigation, Eightmile
River, Connecticut, authorized by the first section of the
Act of June 25, 1910 (commonly known as the ``River and
Harbor Act of 1910'') (36 Stat. 633, chapter 382), that
begins at a point of the existing 8-foot channel limit with
coordinates N701002.39, E1109247.73, thence running north 2
degrees 19 minutes 57.1 seconds east 265.09 feet to a point
N701267.26, E1109258.52, thence running north 7 degrees 47
minutes 19.3 seconds east 322.32 feet to a point N701586.60,
E1109302.20, thence running north 90 degrees 0 minutes 0
seconds east 65.61 to a point N701586.60, E1109367.80, thence
running south 7 degrees 47 minutes 19.3 seconds west 328.11
feet to a point N701261.52, E1109323.34, thence running south
2 degrees 19 minutes 57.1 seconds west 305.49 feet to an end
at a point N700956.28, E1109310.91 on the existing 8-foot
channel limit, shall be reduced to a width of 65 feet and the
channel realigned to follow the deepest available water.
(2) Beginning on the date of enactment of this Act, the
Secretary is no longer authorized to carry out the portion of
the project beginning at a point N701296.72, E1109262.55 and
running north 45 degrees 4 minutes 2.8 seconds west 78.09
feet to a point N701341.18, E1109217.98, thence running north
5 degrees 8 minutes 34.6 seconds east 180.14 feet to a point
N701520.59, E1109234.13, thence running north 54 degrees 5
minutes 50.1 seconds east 112.57 feet to a point N701568.04,
E1109299.66, thence running south 7 degrees 47 minutes 18.4
seconds west 292.58 feet to the point of origin; and the
remaining area north of the channel realignment beginning at
a point N700956.28, E1109310.91 thence running north 2
degrees 19 minutes 57.1 seconds east 305.49 feet west to a
point N701261.52, E1109323.34 north 7 degrees 47 minutes 18.4
seconds east 328.11 feet to a point N701586.60, E1109367.81
thence running north 90 degrees 0 minutes 0 seconds east 7.81
feet to a point N701586.60, E1109375.62 thence running south
5 degrees 8 minutes 34.6 seconds west 626.29 feet to a point
N700962.83, E1109319.47 thence south 52 degrees 35 minutes
36.5 seconds 10.79 feet to the point of origin.
(i) Burnham Canal.--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, Milwaukee Harbor
Project, Milwaukee, Wisconsin, known as the Burnham Canal,
beginning at channel point #415a N381768.648, E2524554.836, a
distance of about 170.58 feet, thence running south 53
degrees 43 minutes 41 seconds west to channel point #417
N381667.728, E2524417.311, a distance of about 35.01 feet,
thence running south 34 degrees 10 minutes 40 seconds west to
channel point #501 N381638.761, E2524397.639 a distance of
about 139.25 feet, thence running south 34 degrees 10 minutes
48 seconds west to channel point #503 N381523.557,
E2524319.406 a distance of about 235.98 feet, thence running
south 32 degrees 59 minutes 13 seconds west to channel

[[Page S3190]]

point #505 N381325.615, E2524190.925 a distance of about
431.29 feet, thence running south 32 degrees 36 minutes 05
seconds west to channel point #509 N380962.276, E2523958.547,
a distance of about 614.52 feet, thence running south 89
degrees 05 minutes 00 seconds west to channel point #511
N380952.445, E2523344.107, a distance of about 74.68 feet,
thence running north 89 degrees 04 minutes 59 seconds west to
channel point #512 N381027.13, E2523342.91, a distance of
about 533.84 feet, thence running north 89 degrees 05 minutes
00 seconds east to channel point #510 N381035.67,
E2523876.69, a distance of about 47.86 feet , thence running
north 61 degrees 02 minutes 07 seconds east to channel point
#508 N381058.84, E2523918.56, a distance of about 308.55
feet, thence running north 36 degrees 15 minutes 29 seconds
east to channel point #506 N381307.65, E2524101.05, distance
of about 199.98 feet, thence running north 32 degrees 59
minutes 12 seconds east to channel point #504 N381475.40,
E2524209.93, a distance of about 195.14 feet, thence running
north 26 degrees 17 minutes 22 seconds east to channel point
#502 N381650.36, E2524296.36, a distance of about 81.82 feet,
thence running north 88 degrees 51 minutes 05 seconds west to
channel point #419 N381732.17, E2524294.72 a distance of
about 262.65 feet, thence running north 82 degrees 01 minutes
02 seconds east to channel point # 415a the point of origin.
(j) Walnut Creek, California.--Beginning on the date of
enactment of this Act, the Secretary is no longer authorized
to carry out the portion of the project for flood protection
on Walnut Creek, California, constructed in accordance with
the plan authorized by section 203 of the Flood Control Act
of 1960 (Public Law 86-645; 74 Stat. 488) that consists of
the culvert on the San Ramon Creek constructed by the
Department of the Army in 1971 that extends from Sta 4+27 to
Sta 14+27.

SEC. 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.

SEC. 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.

SEC. 3009. POINT JUDITH HARBOR OF REFUGE, RHODE ISLAND.

The project for the Harbor of Refuge at Point Judith,
Narragansett, Rhode Island, adopted by the Act of September
19, 1890 (commonly known as the ``River and Harbor Act of
1890'') (26 Stat. 426, chapter 907), House Document numbered
66, 51st Congress, 1st Session, and modified to include the
west shore arm breakwater under the first section of the Act
of June 25, 1910 (commonly known as the ``River and Harbor
Act of 1910'') (36 Stat. 632, chapter 382), is further
modified to include shore protection and erosion control as
project purposes.

SEC. 3010. LAND CONVEYANCE OF HAMMOND BOAT BASIN, WARRENTON,
OREGON.

(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Warrenton,
located in Clatsop County, Oregon.
(2) Map.--The term ``map'' means the map contained in
Exhibit A of Department of the Army Lease No. DACW57-1-88-
0033 (or a successor instrument).
(b) Conveyance Authority.--Subject to the provisions of
this section, the Secretary shall convey to the City by
quitclaim deed, and without consideration, all right, title,
and interest of the United States in and to the parcel of
land described in subsection (c).
(c) Description of Land.--
(1) In general.--Except as provided in paragraph (2), the
land referred to in subsection (b) is the parcel totaling
approximately 59 acres located in the City, together with any
improvements thereon, including the Hammond Marina (as
described in the map).
(2) Exclusion.--The land referred to in subsection (b)
shall not include the site provided for the fisheries
research support facility of the National Marine Fisheries
Service.
(3) Availability of map.--The map shall be on file in the
Portland District Office of the Corps of Engineers.
(d) Terms and Conditions.--
(1) In general.--As a condition of the conveyance under
subsection (b), the City shall agree in writing--
(A) that the City and any successor or assign of the City
will release and indemnify the United States from any claims
or liabilities that may arise from or through the operations
of the land conveyed by the United States; and
(B) to pay any cost associated with the conveyance under
subsection (b).
(2) Additional terms and conditions.--The Secretary may
impose such additional terms, conditions, and requirements on
the conveyance under subsection (b) as the Secretary
considers appropriate to protect the interest of the United
States, including the requirement that the City assume full
responsibility for operating and maintaining the channel and
the breakwater.
(e) Reversion.--If the Secretary determines that the land
conveyed under this section ceases to be owned by the public,
all right, title, and interest in and to the land shall, at
the discretion of the Secretary, revert to the United States.
(f) Deauthorization.--After the land is conveyed under this
section, the land shall no longer be a portion of the project
for navigation, Hammond Small Boat Basin, Oregon, authorized
by section 107 of the Rivers and Harbor Act of 1960 (33
U.S.C. 577).

SEC. 3011. METRO EAST FLOOD RISK MANAGEMENT PROGRAM,
ILLINOIS.

(a) In General.--The following projects shall constitute a
program, to be known as the ``Metro East Flood Risk
Management Program, Illinois'':
(1) Prairie du Pont Drainage and Levee District and Fish
Lake Drainage and Levee District, Illinois, authorized by--
(A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h);
and
(B) section 5070 of the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1220).
(2) East St. Louis, Illinois, authorized by--
(A) section 5 of the Act of June 22, 1936 (33 U.S.C. 701h);
and
(B) Energy and Water Development Appropriation Act, 1988
(Public Law 100-202; 101 Stat. 1329-104).
(3) Wood River Drainage and Levee District, Illinois,
authorized by--
(A) section 4 of the Act entitled ``An Act authorizing the
construction of certain public works on rivers and harbors
for flood control, and for other purposes'', approved June
28, 1938 (52 Stat. 1218); and
(B) section 1001(20) of the Water Resources Development Act
of 2007 (Public Law 110-114; 121 Stat. 1053).

SEC. 3012. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

Section 109 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (114 Stat. 2763A-221, 121 Stat.
1217) is amended--
(1) in subsection (a), by inserting ``and unincorporated
communities'' after ``municipalities''; and
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following:
``(f) Priority.--In providing assistance under this
section, the Secretary shall give priority to projects
sponsored by--
``(1) the State of Florida;
``(2) Monroe County, Florida; and
``(3) incorporated communities in Monroe County,
Florida.''.

SEC. 3013. DES MOINES RECREATIONAL RIVER AND GREENBELT, IOWA.

The boundaries for the project referred to as the Des
Moines Recreational River and Greenbelt, Iowa under the
heading ``corps of engineers--civil'' under the heading
``Department of the Army'' under the heading ``DEPARTMENT OF
DEFENSE--CIVIL'' in chapter IV of title I of the Supplemental
Appropriations Act, 1985 (Public Law 99-88, 99 Stat. 313) are
revised to include the entirety of sections 19 and 29,
situated in T89N, R28W.

SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND DREDGED MATERIAL
MANAGEMENT AREA, PORTSMOUTH, VIRGINIA.

(a) In General.--Subject to the conditions described in
this section, the Secretary may convey to the Commonwealth of
Virginia, by quitclaim deed and without consideration, all
right, title, and interest of the United States in and to 2
parcels of land situated within the project for navigation,
Craney Island Eastward Expansion, Norfolk Harbor and
Channels, Hampton Roads, Virginia, authorized by section
1001(45) of the Water Resources Development Act of 2007 (Pub.
L. 110-114; 121 Stat. 1057), together with any improvements
thereon.
(b) Lands to Be Conveyed.--
(1) In general.--The 2 parcels of land to be conveyed under
this section include a parcel consisting of approximately
307.82 acres of land and a parcel consisting of approximately
13.33 acres of land, both located along the eastern side of
the Craney Island Dredged Material Management Area in
Portsmouth, Virginia.
(2) Use.--The 2 parcels of land described in paragraph (1)
may be used by the Commonwealth of Virginia exclusively for
the purpose of port expansion, including the provision of
road and rail access and the construction of a shipping
container terminal.
(c) Terms and Conditions.--Land conveyed under this section
shall be subject to--
(1) a reversionary interest in the United States if the
land--
(A) ceases to be held in public ownership; or
(B) is used for any purpose that is inconsistent with
subsection (b); and
(2) such other terms, conditions, reservations, and
restrictions that the Secretary determines to be necessary
and appropriate to protect the interests of the United
States.
(d) Legal Description.--The exact acreage and legal
description of land to be conveyed under this section shall
be determined by a survey that is satisfactory to the
Secretary.
(e) Conveyance Costs.--The Commonwealth of Virginia shall
be responsible for all costs associated with the conveyance
authorized by this section, including the cost of the survey
required under subsection (d) and other administrative costs.

SEC. 3015. LOS ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.

The project for flood control, Los Angeles County Drainage
Area, California, authorized by section 101(b) of the Water
Resources

[[Page S3191]]

Development Act of 1990 (Pub. L. 101-640; 104 Stat. 4611), as
modified, is further modified to authorize the Secretary to
include, as a part of the project, measures for flood risk
reduction, ecosystem restoration, and recreation in the
Compton Creek watershed.

SEC. 3016. OAKLAND INNER HARBOR TIDAL CANAL, CALIFORNIA.

Section 3182(b)(1) of the Water Resources Development Act
of 2007 (Public Law 110-114; 121 Stat. 1165) is amended--
(1) in subparagraph (A), by inserting ``, or to a
multicounty public entity that is eligible to hold title to
real property'' after ``To the city of Oakland''; and
(2) by inserting ``multicounty public entity or other''
before ``public entity''.

SEC. 3017. REDESIGNATION OF LOWER MISSISSIPPI RIVER MUSEUM
AND RIVERFRONT INTERPRETIVE SITE.

(a) In General.--Section 103(c)(1) of the Water Resources
Development Act of 1992 (106 Stat. 4811) is amended by
striking ``Lower Mississippi River Museum and Riverfront
Interpretive Site'' and inserting ``Jesse Brent Lower
Mississippi River Museum and Riverfront Interpretive Site''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
museum and interpretive site referred to in subsection (a)
shall be deemed to be a reference to the ``Jesse Brent Lower
Mississippi River Museum and Riverfront Interpretive Site''.

SEC. 3018. LOUISIANA COASTAL AREA.

(a) Interim Adoption of Comprehensive Coastal Master
Plan.--
(1) In general.--Section 7002 of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1270)
is amended--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(B) by inserting after subsection (c) the following:
``(d) Interim Adoption of Comprehensive Coastal Protection
Master Plan.--Prior to completion of the comprehensive plan
described under subsection (a), the Secretary shall adopt the
plan of the State of Louisiana entitled `Louisiana's
Comprehensive Coastal Protection Master Plan for a
Sustainable Coast' in effect on the date of enactment of the
Water Resources Development Act of 2013 (and subsequent
plans), authorized and defined pursuant to Act 8 of the First
Extraordinary Session of the Louisiana State Legislature,
2005, for protecting, preserving, and restoring the coastal
Louisiana ecosystem until implementation of the comprehensive
plan is complete.''; and
(C) in subsection (g)(1) (as so redesignated), by striking
``1 year'' and inserting ``10 years''.
(2) Conforming amendment.--Subsection (f) (as so
redesignated) is amended by striking ``subsection (d)(1)''
and inserting ``subsection (e)(1)''.
(b) Section 7006 of the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1274) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following:
``(C) to examine a system-wide approach to coastal
sustainability, including--
``(i) flood and storm damage protection;
``(ii) coastal restoration; and
``(iii) the elevation of public and private
infrastructure;''; and
(2) in subsection (c)(1)(E), by striking ``at Myrtle
Grove'' and inserting ``in the vicinity of Myrtle Grove''.

TITLE IV--WATER RESOURCE STUDIES

SEC. 4001. PURPOSE.

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

SEC. 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,
aquatic 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
initiate the study in an appropriations or other Act.
(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.--In each fiscal year, the Secretary may
initiate not more than--
(A) 3 new studies in each of the primary mission areas of
the Corps of Engineers; and
(B) 3 new studies 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.

SEC. 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.

TITLE V--REGIONAL AND NONPROJECT PROVISIONS

SEC. 5001. PURPOSE.

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

SEC. 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

[[Page S3192]]

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

SEC. 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).

SEC. 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''.

SEC. 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''.

SEC. 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.

SEC. 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.

[[Page S3193]]

(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).

SEC. 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.

SEC. 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.

SEC. 5010. AQUATIC NUISANCE SPECIES PREVENTION, GREAT LAKES
AND MISSISSIPPI RIVER BASIN.

(a) In General.--The Secretary is authorized to implement
measures recommended in the efficacy study authorized under
section 3061 of the Water Resources Development Act of 2007
(121 Stat. 1121) or in interim reports, with any
modifications or any emergency measures that the Secretary
determines to be appropriate to prevent aquatic nuisance
species from dispersing into the Great Lakes by way of any
hydrologic connection between the Great Lakes and the
Mississippi River Basin.
(b) Reports.--The Secretary shall report 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 of
Representatives any emergency actions taken pursuant to this
section.

SEC. 5011. MIDDLE MISSISSIPPI RIVER PILOT PROGRAM.

(a) In General.--In accordance with the project for
navigation, Mississippi River between the Ohio and Missouri
Rivers (Regulating Works), Missouri and Illinois, authorized
by the Act of June 25, 1910 (36 Stat. 631, chapter 382)
(commonly known as the ``River and Harbor Act of 1910''), the
Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly
known as the ``River and Harbor Act of 1927''), and the Act
of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary
shall carry out a pilot program to restore and protect fish
and wildlife habitat in the middle Mississippi River.
(b) Authorized Activities.--As part of the pilot program
carried out under subsection (a), the Secretary may carry out
any activity along the Middle Mississippi River that is
necessary to improve navigation through the project while
restoring and protecting fish and wildlife habitat in the
middle Mississippi River if the Secretary determines that the
activity is feasible.
(c) Cost-Sharing Requirement.--
(1) In general.--The maximum Federal share of the cost of
carrying out a project under this section shall be 65
percent.
(2) Amount expended per project.--The Federal share
described in paragraph (1) shall not exceed $10,000,000 for
each project.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2014 through 2023.

SEC. 5012. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL
UTAH, AND WYOMING.

Section 595 of the Water Resources Development Act of 1999
(Public Law 106-53; 113 Stat. 383) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Form of Assistance.--Assistance under this section
may be in the form of--
``(1) design and construction assistance for water-related
environmental infrastructure and resource protection and
development in Idaho, Montana, rural Nevada, New Mexico,
rural Utah, and Wyoming, including projects for--
``(A) wastewater treatment and related facilities;
``(B) water supply and related facilities;
``(C) environmental restoration; and
``(D) surface water resource protection and development;
and
``(2) technical assistance to small and rural communities
for water planning and issues relating to access to water
resources.''; and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section for fiscal year
2001 and each subsequent fiscal year $450,000,000, which
shall be made available to the States and locales described
in subsection (b) consistent with program priorities
determined by the Secretary in accordance with criteria
developed by the Secretary to establish the program
priorities.''.

SEC. 5013. CHESAPEAKE BAY OYSTER RESTORATION IN VIRGINIA AND
MARYLAND.

Section 704(b) of Water Resources Development Act of 1986
(33 U.S.C. 2263(b)) is amended--
(1) in paragraph (1), by striking ``$50,000,000'' and
inserting ``$70,000,000''; and
(2) by striking subparagraph (B) of paragraph (4) and
inserting the following:
``(B) Form.--The non-Federal share may be provided through
in-kind services, including--
``(i) the provision by the non-Federal interest of shell
stock material that is determined by the Secretary to be
suitable for use in carrying out the project; and
``(ii) in the case of a project carried out under paragraph
(2)(D) after the date of enactment of this clause, land
conservation or restoration efforts undertaken by the non-
Federal interest that the Secretary determines provide water
quality benefits that--

``(I) enhance the viability of oyster restoration efforts;
and
``(II) are integral to the project.''.

SEC. 5014. MISSOURI RIVER BETWEEN FORT PECK DAM, MONTANA AND
GAVINS POINT DAM, SOUTH DAKOTA AND NEBRASKA.

Section 9(f) of the Act of December 22, 1944 (commonly
known as the ``Flood Control Act of 1944'') (58 Stat. 891,
chapter 665; 102 Stat. 4031) is amended by striking
``$3,000,000'' and inserting ``$5,000,000''.

SEC. 5015. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI
RIVER PORTS.

(a) Definitions.--In this section:
(1) Shallow draft.--The term ``shallow draft'' means a
project that has a depth less than 14 feet.
(2) Inland mississippi river.--The term ``inland
Mississippi River'' means the portion of the Mississippi
River that begins at the confluence of the Minnesota River
and ends at the confluence of the Red River.

[[Page S3194]]

(b) In General.--The Secretary, acting through the Chief of
Engineers, shall carry out dredging activities on shallow
draft ports located on the Inland Mississippi River to the
respective authorized widths and depths of those inland
ports, as authorized on the date of enactment of this Act.
(c) Authorization of Appropriations.--For each fiscal year,
there is authorized to be appropriated to the Secretary to
carry out this section $25,000,000.

SEC. 5016. REMOTE AND SUBSISTENCE HARBORS.

Section 2006 of the Water Resources Development Act of 2007
(33 U.S.C. 2242) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``or Alaska'' after
``Hawaii''; and
(B) in paragraph (2)--
(i) by striking ``community'' and inserting ``region''; and
(ii) by inserting ``, as determined by the Secretary based
on information provided by the non-Federal interest'' after
``improvement''; and
(2) by adding at the end the following:
``(c) Prioritization.--Projects recommended by the
Secretary under subsection (a) shall be given equivalent
budget consideration and priority as projects recommended
solely by national economic development benefits.
``(d) Construction.--
``(1) In general.--The Secretary may plan, design, or
construct projects for navigation in the noncontiguous States
and territories of the United States if the Secretary finds
that the project is--
``(A) technically feasible;
``(B) environmentally sound; and
``(C) economically justified.
``(2) Special rule.--In evaluating and implementing a
project under this section, the Secretary shall allow the
non-Federal interest to participate in the financing of the
project in accordance with the criteria established for flood
control projects in section 903(c) of the Water Resources
Development Act of 1986 (Public Law 99-662; 100 Stat. 4184)
if the detailed project report evaluation indicates that
applying that section is necessary to implement the project.
``(3) Cost.--The Federal share of the cost of carrying out
a project under this section shall not exceed $10,000,000.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out projects initiated by the
Secretary under this subsection $100,000,000 for fiscal years
2014 through 2023.''.

TITLE VI--LEVEE SAFETY

SEC. 6001. SHORT TITLE.

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

SEC. 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.

SEC. 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, removal of a levee, or
reconfiguration of a levee system, including a setback levee,
that is carried out to reduce flood risk or 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;

[[Page S3195]]

(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.

SEC. 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 consultation with
the Administrator of the Federal Emergency Management Agency
and 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 consultation with the
Administrator of the Federal Emergency Management Agency and
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 consultation
with the Administrator of the Federal Emergency Management
Agency and 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 consultation with the Administrator
of the Federal Emergency Management Agency and 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.

[[Page S3196]]

(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, in consultation with the
Administrator of the Federal Emergency Management Agency,
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, in consultation with
the Administrator of the Federal Emergency Management Agency,
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--
(1) 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); or
(2) confers any regulatory authority on--
(A) the Secretary; or
(B) the Director of the Federal Emergency Management
Agency, including for the purpose of setting premium rates
under the national flood insurance program established under
chapter 1 of the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.).

SEC. 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

[[Page S3197]]

(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.

SEC. 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''.

SEC. 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.

SEC. 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.

SEC. 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.

TITLE VII--INLAND WATERWAYS

SEC. 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.

SEC. 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.

[[Page S3198]]

(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.

SEC. 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.''.

SEC. 7004. MAJOR REHABILITATION STANDARDS.

Section 205(1)(E)(ii) of the Water Resources Development
Act of 1992 (33 U.S.C. 2327(1)(E)(ii)) is amended by striking
``$8,000,000'' and inserting ``$20,000,000''.

SEC. 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

[[Page S3199]]

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.

SEC. 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.

SEC. 7007. GAO STUDY, OLMSTED LOCKS AND DAM, LOWER OHIO
RIVER, ILLINOIS AND KENTUCKY.

As soon as practicable after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct, and submit to Congress a report describing the
results of, a study to determine why, and to what extent, the
project for navigation, Lower Ohio River, Locks and Dams 52
and 53, Illinois and Kentucky (commonly known as the
``Olmsted Locks and Dam project''), authorized by section
3(a)(6) of the Water Resources Development Act of 1988 (102
Stat. 4013), has exceeded the budget for the project and the
reasons why the project failed to be completed as scheduled,
including an assessment of--
(1) engineering methods used for the project;
(2) the management of the project;
(3) contracting for the project;
(4) the cost to the United States of benefits foregone due
to project delays; and
(5) such other contributory factors as the Comptroller
General determines to be appropriate.

SEC. 7008. OLMSTED LOCKS AND DAM, LOWER OHIO RIVER, ILLINOIS
AND KENTUCKY.

Section 3(a)(6) of the Water Resources Development Act of
1988 (102 Stat. 4013) is amended by striking ``and with the
costs of construction'' and all that follows through the
period at the end and inserting ``which amount shall be
appropriated from the general fund of the Treasury.''.

TITLE VIII--HARBOR MAINTENANCE

SEC. 8001. SHORT TITLE.

This title may be cited as the ``Harbor Maintenance Trust
Fund Act of 2013''.

SEC. 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;
(4) to ensure United States ports are prepared to meet
modern shipping needs, including the capability to receive
large ships that require deeper drafts; and
(5) to prevent cargo diversion from United States ports.

SEC. 8003. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

(a) Definitions.--In this section:
(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 determined under section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
907) for that fiscal year submitted pursuant to section 1105
of title 31, United States Code.
(b) Minimum Resources.--
(1) Minimum resources.--
(A) In general.--The total budget resources made available
to the Secretary from the Harbor Maintenance Trust Fund shall
be not less than the lesser of--
(i)(I) for fiscal year 2014, $1,000,000,000;
(II) for fiscal year 2015, $1,100,000,000;
(III) for fiscal year 2016, $1,200,000,000;
(IV) for fiscal year 2017, $1,300,000,000;
(V) for fiscal year 2018, $1,400,000,000; and
(VI) for fiscal year 2019, $1,500,000,000; and
(ii) the level of receipts plus interest credited to the
Harbor Maintenance Trust Fund for that fiscal year.
(B) Fiscal year 2020 and subsequent fiscal years.--For
fiscal year 2020 and each fiscal year thereafter, the total
budget resources made available to the Secretary from the
Harbor Maintenance Trust Fund shall be not less than the
level of receipts plus interest credited to the Harbor
Maintenance Trust Fund for that fiscal year.
(2) Use of amounts.--The amounts described in paragraph (1)
may be used only for harbor maintenance programs described in
section 9505(c) of the Internal Revenue Code of 1986.
(c) Impact on Other Funds.--
(1) In general.--Subject to paragraph (3), subsection
(b)(1) shall not apply if providing the minimum resources
required under that subsection would result in making the
amounts made available for the applicable fiscal year to
carry out all programs, projects, and activities of the civil
works program of the Corps of Engineers, other than the
harbor maintenance programs, to be less than the amounts made
available for those purposes in the previous fiscal year.
(2) Calculation of amounts.--For each fiscal year, the
amounts made available to carry out all programs, projects,
and activities of the civil works program of the Corps of
Engineers shall not include any amounts that are designated
by Congress--
(A) as being for emergency requirements pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or
(B) as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(D)).
(3) Exceptions.--Paragraph (1) shall not apply if--
(A) amounts made available for the civil works program of
the Corps of Engineers for a fiscal year are less than the
amounts made available for the civil works program in the
previous fiscal year; and
(B) the reduction in amounts made available--
(i) applies to all discretionary funds and programs of the
Federal Government; and
(ii) is applied to the civil works program in the same
percentage and manner as other discretionary funds and
programs.

SEC. 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) Definitions.--In this subsection:
``(A) Constructed width and depth.--The term `constructed
width and depth' means the depth to which a project has been
constructed, which shall not exceed the authorized width and
depth of the project.
``(B) Great lakes navigation system.--The term `Great Lakes
Navigation System' includes--
``(i)(I) Lake Superior;
``(II) Lake Huron;
``(III) Lake Michigan;
``(IV) Lake Erie; and
``(V) Lake Ontario;
``(ii) all connecting waters between the lakes referred to
in clause (i) used for commercial navigation;
``(iii) any navigation features in the lakes referred to in
clause (i) or waters described in clause (ii) that are a
Federal operation or maintenance responsibility; and
``(iv) areas of the Saint Lawrence River that are operated
or maintained by the Federal Government for commercial
navigation.
``(C) High-use deep draft.--
``(i) In general.--The term `high-use deep draft' means a
project that has a depth of greater than 14 feet with not
less than 10,000,000 tons of cargo annually.
``(ii) Exclusion.--The term `high-use deep draft' does not
include a project located in the Great Lakes Navigation
System.
``(2) Priority.--Of the amounts made available under this
section to carry out projects described in subsection (a)(2)
that are in excess of the amounts made available to carry out
those projects in fiscal year 2012, the Secretary of the
Army, acting through the Chief of Engineers, shall give
priority to those projects in the following order:
``(A)(i) 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 a successor regulation)
are not maintained to their constructed width and depth, the
Secretary shall prioritize amounts made available under this
section for those projects that are high-use deep draft and
are a priority for navigation in the Great Lakes Navigation
System.
``(ii) Of the amounts made available under clause (i)--
``(I) 80 percent shall be used for projects that are high-
use deep draft; and
``(II) 20 percent shall be used for projects that are a
priority for navigation in the Great Lakes Navigation System.
``(B) In any fiscal year in which all projects identified
as high-use deep draft are maintained to their constructed
width and depth, the Secretary shall prioritize amounts made
available under this section for those projects that are not
maintained to the minimum width and depth necessary to
provide sufficient clearance for fully loaded commercial
vessels using those projects to maneuver safely.
``(C) In any fiscal year in which all projects identified
as high-use deep draft are maintained to their constructed
width and depth, the Secretary shall prioritize 10 percent of
remaining amounts made available under this section for
projects--
``(i) that have been maintained at less than their
authorized width and depth during the preceding 5 fiscal
years; and
``(ii) for which significant State and local investments in
infrastructure have been made at those projects.
``(3) 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)).

[[Page S3200]]

``(4) Exceptions.--The Secretary may prioritize a project
not identified in paragraph (2) if the Secretary determines
that funding for the project is necessary to address--
``(A) hazardous navigation conditions; or
``(B) impacts of natural disasters, including storms and
droughts.''.
(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, subject to section
210(c)(2), subparagraph (A) shall only apply--

``(I) to the amounts made available under section 210 to
carry out projects described in subsection (a)(2) of that
section that are in excess of the amounts made available to
carry out those projects in fiscal year 2012; and
``(II) if, in that fiscal year, all projects identified as
high-use deep draft (as defined in section 210(c)) are
maintained to their constructed width and depth.

``(ii) State limitation.--For each fiscal year, the
operation and maintenance activities described in
subparagraph (A) may only be carried out in a State--

``(I) in which the total amounts collected pursuant to
section 4461 of the Internal Revenue Code of 1986 comprise
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
``(II) that received less than 50 percent of the total
amounts collected in that State pursuant to section 4461 of
the Internal Revenue Code of 1986 in the previous 3 fiscal
years.

``(iii) Prioritization.--In allocating amounts made
available under this paragraph, the Secretary shall give
priority to projects that have received the lowest amount of
funding from the Harbor Maintenance Trust Fund in comparison
to the amount of funding contributed to the Harbor
Maintenance Trust Fund in the previous 3 fiscal years.
``(iv) Maximum amount.--The total amount made available in
each fiscal year to carry out this paragraph shall not exceed
the lesser of--

``(I) amount that is equal to 40 percent of the amounts
made available under section 210 to carry out projects
described in subsection (a)(2) of that section that are in
excess of the amounts made available to carry out those
projects in fiscal year 2012; and
``(II) the amount that is equal to 20 percent of the
amounts made available under section 210 to carry out
projects described in subsection (a)(2) of that section.

``(4) Donor ports and ports contributing to energy
production.--
``(A) Definitions.--In this paragraph:
``(i) Cargo container.--The term `cargo container' means a
cargo container that has an inside volume of not less than 20
feet.
``(ii) Eligible donor port.--The term, `eligible donor
port' means a port--

``(I) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulations (or a
successor regulation);
``(II)(aa) at which the total amounts collected pursuant to
section 4461 of the Internal Revenue Code of 1986 comprise
not less than $15,000,000 annually of the total funding of
the Harbor Maintenance Trust Fund established under section
9505 of the Internal Revenue Code of 1986; and
``(bb) that received less than 25 percent of the total
amounts collected at that port pursuant to section 4461 of
the Internal Revenue Code of 1986 in the previous 5 fiscal
years; and
``(III) that is located in a State in which more than
2,000,000 cargo containers were unloaded from or loaded on to
vessels in calendar year 2011.

``(iii) Eligible energy transfer port.--The term `eligible
energy transfer port' means a port--

``(I) that is subject to the harbor maintenance fee under
section 24.24 of title 19, Code of Federal Regulation (or
successor regulation); and
``(II)(aa) at which energy commodities comprised greater
than 25 percent of all commercial activity by tonnage in
calendar year 2011; and

``(bb) through which more than 40 million tons of cargo
were transported in calendar year 2011.
``(iv) Energy commodity.--The term `energy commodity'
includes--

``(I) petroleum products;
``(II) natural gas;
``(III) coal;
``(IV) wind and solar energy components; and
``(V) biofuels.

``(B) Additional uses.--
``(i) In general.--Subject to appropriations, the Secretary
may provide to eligible donor ports and eligible energy
transfer ports amounts in accordance with clause (ii).
``(ii) Limitations.--The amounts described in clause (i)--

``(I) made available for eligible energy transfer ports
shall be divided equally among all States with an eligible
energy transfer port; and
``(II) shall be made available only to a port as either an
eligible donor port or an eligible energy transfer port.

``(C) Uses.--Amounts provided to an eligible port under
this paragraph may only be used by that port--
``(i) to provide payments to importers entering cargo or
shippers transporting cargo through an eligible donor port or
eligible energy transfer port, as calculated by U.S. Customs
and Border Protection;
``(ii) to dredge berths in a harbor that is accessible to a
Federal channel;
``(iii) to dredge and dispose 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; or

``(iv) for environmental remediation related to dredging
berths and Federal navigation channels.
``(D) Administration of payments.--If an eligible donor
port or eligible energy transfer port elects to provide
payments to importers or shippers in accordance with
subparagraph (C)(i), the Secretary shall transfer the amounts
that would be provided to the port under this paragraph to
the Commissioner of U.S. Customs and Border Protection to
provide the payments to the importers or shippers.
``(E) Authorization of appropriations.--
``(i) In general.--For fiscal years 2014 through 2024, if
the total amounts made available from the Harbor Maintenance
Trust Fund exceed the total amounts made available from the
Harbor Maintenance Trust Fund in fiscal year 2012, there is
authorized to be appropriated from the Harbor Maintenance
Trust Fund to carry out this paragraph the sum obtained by
adding--

``(I) $50,000,000; and
``(II) the amount that is equal to 10 percent of the
amounts made available under section 210 to carry out
projects described in subsection (a)(2) of that section that
are in excess of the amounts made available to carry out
those projects in fiscal year 2012.

``(ii) Division between eligible donor ports and eligible
energy transfer ports.--For each fiscal year, amounts made
available shall be divided equally between eligible donor
ports and eligible energy transfer ports.''.
(c) Conforming Amendment.--Section 9505(c)(1) of the
Internal Revenue Code of 1986 is amended by striking ``as in
effect on the date of the enactment of the Water Resources
Development Act of 1996'' and inserting ``as in effect on the
date of the enactment of the Harbor Maintenance Trust Fund
Act of 2013''.

TITLE IX--DAM SAFETY

SEC. 9001. SHORT TITLE.

This title may be cited as the ``Dam Safety Act of 2013''.

SEC. 9002. PURPOSE.

The purpose of this title and the amendments made by this
title is to reduce the risks to life and property from dam
failure in the United States through the reauthorization of
an effective national dam safety program that brings together
the expertise and resources of the Federal Government and
non-Federal interests in achieving national dam safety hazard
reduction.

SEC. 9003. ADMINISTRATOR.

(a) In General.--The National Dam Safety Program Act (33
U.S.C. 467 et seq.) is amended by striking ``Director'' each
place it appears and inserting ``Administrator''.
(b) Conforming Amendment.--Section 2 of the National Dam
Safety Program Act (33 U.S.C. 467) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2)) the following:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.''.

SEC. 9004. INSPECTION OF DAMS.

Section 3(b)(1) of the National Dam Safety Program Act (33
U.S.C. 467a(b)(1)) is amended by striking ``or maintenance''
and inserting ``maintenance, condition, or provisions for
emergency operations''.

SEC. 9005. NATIONAL DAM SAFETY PROGRAM.

(a) Objectives.--Section 8(c) of the National Dam Safety
Program Act (33 U.S.C. 467f(c)) is amended by striking
paragraph (4) and inserting the following:
``(4) develop and implement a comprehensive dam safety
hazard education and public awareness program to assist the
public in preparing for, mitigating, responding to, and
recovering from dam incidents;''.
(b) Board.--Section 8(f)(4) of the National Dam Safety
Program Act (33 U.S.C. 467f(f)(4))

[[Page S3201]]

is amended by inserting ``, representatives from
nongovernmental organizations,'' after ``State agencies''.

SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.

The National Dam Safety Program Act (33 U.S.C. 467 et seq.)
is amended--
(1) by redesignating sections 11, 12, and 13 as sections
12, 13, and 14, respectively; and
(2) by inserting after section 10 (33 U.S.C. 467g-1) the
following:

``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY.

``The Administrator, in consultation with other Federal
agencies, State and local governments, dam owners, the
emergency management community, the private sector,
nongovernmental organizations and associations, institutions
of higher education, and any other appropriate entities shall
carry out a nationwide public awareness and outreach program
to assist the public in preparing for, mitigating, responding
to, and recovering from dam incidents.''.

SEC. 9007. AUTHORIZATION OF APPROPRIATIONS.

(a) National Dam Safety Program.--
(1) Annual amounts.--Section 14(a)(1) of the National Dam
Safety Program Act (33 U.S.C. 467j(a)(1)) (as so
redesignated) is amended by striking ``$6,500,000'' and all
that follows through ``2011'' and inserting ``$9,200,000 for
each of fiscal years 2014 through 2018''.
(2) Maximum amount of allocation.--Section 14(a)(2)(B) of
the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B))
(as so redesignated) is amended--
(A) by striking ``The amount'' and inserting the following:
``(i) In general.--The amount''; and
(B) by adding at the end the following:
``(ii) Fiscal year 2014 and subsequent fiscal years.--For
fiscal year 2014 and each subsequent fiscal year, the amount
of funds allocated to a State under this paragraph may not
exceed the amount of funds committed by the State to
implement dam safety activities.''.
(b) National Dam Inventory.--Section 14(b) of the National
Dam Safety Program Act (33 U.S.C. 467j(b)) (as so
redesignated) is amended by striking ``$650,000'' and all
that follows through ``2011'' and inserting ``$500,000 for
each of fiscal years 2014 through 2018''.
(c) Public Awareness.--Section 14 of the National Dam
Safety Program Act (33 U.S.C. 467j) (as so redesignated) is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Public Awareness.--There is authorized to be
appropriated to carry out section 11 $1,000,000 for each of
fiscal years 2014 through 2018.''.
(d) Research.--Section 14(d) of the National Dam Safety
Program Act (as so redesignated) is amended by striking
``$1,600,000'' and all that follows through ``2011'' and
inserting ``$1,450,000 for each of fiscal years 2014 through
2018''.
(e) Dam Safety Training.--Section 14(e) of the National Dam
Safety Program Act (as so redesignated) is amended by
striking ``$550,000'' and all that follows through ``2011''
and inserting ``$750,000 for each of fiscal years 2014
through 2018''.
(f) Staff.--Section 14(f) of the National Dam Safety
Program Act (as so redesignated) is amended by striking
``$700,000'' and all that follows through ``2011'' and
inserting ``$1,000,000 for each of fiscal years 2014 through
2018''.

TITLE X--INNOVATIVE FINANCING PILOT PROJECTS

SEC. 10001. SHORT TITLE.

This title may be cited as the ``Water Infrastructure
Finance and Innovation Act of 2013''.

SEC. 10002. PURPOSES.

The purpose of this title is to establish a pilot program
to assess the ability of innovative financing tools to--
(1) promote increased development of critical water
resources infrastructure by establishing additional
opportunities for financing water resources projects that
complement but do not replace or reduce existing Federal
infrastructure financing tools such as the State water
pollution control revolving loan funds established under
title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) and the State drinking water treatment
revolving loan funds established under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12);
(2) attract new investment capital to infrastructure
projects that are capable of generating revenue streams
through user fees or other dedicated funding sources;
(3) complement existing Federal funding sources and address
budgetary constraints on the Corps of Engineers civil works
program and existing wastewater and drinking water
infrastructure financing programs;
(4) leverage private investment in water resources
infrastructure;
(5) align investments in water resources infrastructure to
achieve multiple benefits; and
(6) assist communities facing significant water quality,
drinking water, or flood risk challenges with the development
of water infrastructure projects.

SEC. 10003. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f).
(3) Federal credit instrument.--The term ``Federal credit
instrument'' means a secured loan or loan guarantee
authorized to be made available under this title with respect
to a project.
(4) Investment-grade rating.--The term ``investment-grade
rating'' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to project
obligations.
(5) Lender.--
(A) In general.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or a
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933 (15 U.S.C. 77a et seq.)).
(B) Inclusions.--The term ``lender'' includes--
(i) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
(ii) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
(6) Loan guarantee.--The term ``loan guarantee'' means any
guarantee or other pledge by the Secretary or the
Administrator to pay all or part of the principal of, and
interest on, a loan or other debt obligation issued by an
obligor and funded by a lender.
(7) Obligor.--The term ``obligor'' means an eligible entity
that is primarily liable for payment of the principal of, or
interest on, a Federal credit instrument.
(8) Project obligation.--
(A) In general.--The term ``project obligation'' means any
note, bond, debenture, or other debt obligation issued by an
obligor in connection with the financing of a project.
(B) Exclusion.--The term ``project obligation'' does not
include a Federal credit instrument.
(9) Rating agency.--The term ``rating agency'' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
(10) Secured loan.--The term ``secured loan'' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 10010.
(11) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
(12) State infrastructure financing authority.--The term
``State infrastructure financing authority'' means the State
entity established or designated by the Governor of a State
to receive a capitalization grant provided by, or otherwise
carry out the requirements of, title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et. seq.) or section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
(13) Subsidy amount.--The term ``subsidy amount'' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, as calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(14) Substantial completion.--The term ``substantial
completion'', with respect to a project, means the earliest
date on which a project is considered to perform the
functions for which the project is designed.
(15) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).

SEC. 10004. AUTHORITY TO PROVIDE ASSISTANCE.

(a) In General.--The Secretary and the Administrator may
provide financial assistance under this title to carry out
pilot projects, which shall be selected to ensure a diversity
of project types and geographical locations.
(b) Responsibility.--
(1) Secretary.--The Secretary shall carry out all pilot
projects under this title that are eligible projects under
section 10007(1).
(2) Administrator.--The Administrator shall carry out all
pilot projects under this title that are eligible projects
under paragraphs (2), (3), (4), (5), (6), and (8) of section
10007.
(3) Other projects.--The Secretary or the Administrator, as
applicable, may carry out eligible projects under paragraph
(7) or (9) of section 10007.

SEC. 10005. APPLICATIONS.

(a) In General.--To receive assistance under this title, an
eligible entity shall submit to the Secretary or the
Administrator, as applicable, an application at such time, in
such manner, and containing such information as the Secretary
or the Administrator may require.
(b) Combined Projects.--In the case of an eligible project
described in paragraph (8) or

[[Page S3202]]

(9) of section 10007, the Secretary or the Administrator, as
applicable, shall require the eligible entity to submit a
single application for the combined group of projects.

SEC. 10006. ELIGIBLE ENTITIES.

The following entities are eligible to receive assistance
under this title:
(1) A corporation.
(2) A partnership.
(3) A joint venture.
(4) A trust.
(5) A Federal, State, or local governmental entity, agency,
or instrumentality.
(6) A tribal government or consortium of tribal
governments.
(7) A State infrastructure financing authority.

SEC. 10007. PROJECTS ELIGIBLE FOR ASSISTANCE.

The following projects may be carried out with amounts made
available under this title:
(1) A project for flood control or hurricane and storm
damage reduction that the Secretary has determined is
technically sound, economically justified, and
environmentally acceptable, including--
(A) a structural or nonstructural measure to reduce flood
risk, enhance stream flow, or protect natural resources; and
(B) a levee, dam, tunnel, aqueduct, reservoir, or other
related water infrastructure.
(2) 1 or more activities that are eligible for assistance
under section 603(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(c)), notwithstanding the public ownership
requirement under paragraph (1) of that subsection.
(3) 1 or more activities described in section 1452(a)(2) of
the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)).
(4) A project for enhanced energy efficiency in the
operation of a public water system or a publicly owned
treatment works.
(5) A project for repair, rehabilitation, or replacement of
a treatment works, community water system, or aging water
distribution or waste collection facility (including a
facility that serves a population or community of an Indian
reservation).
(6) A brackish or sea water desalination project, a managed
aquifer recharge project, or a water recycling project.
(7) Acquisition of real property or an interest in real
property--
(A) if the acquisition is integral to a project described
in paragraphs (1) through (6); or
(B) pursuant to an existing plan that, in the judgment of
the Administrator or the Secretary, as applicable, would
mitigate the environmental impacts of water resources
infrastructure projects otherwise eligible for assistance
under this section.
(8) A combination of projects, each of which is eligible
under paragraph (2) or (3), for which a State infrastructure
financing authority submits to the Administrator a single
application.
(9) A combination of projects secured by a common security
pledge, each of which is eligible under paragraph (1), (2),
(3), (4), (5), (6), or (7), for which an eligible entity, or
a combination of eligible entities, submits a single
application.

SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

For purposes of this title, an eligible activity with
respect to an eligible project includes the cost of--
(1) development-phase activities, including planning,
feasibility analysis (including any related analysis
necessary to carry out an eligible project), revenue
forecasting, environmental review, permitting, preliminary
engineering and design work, and other preconstruction
activities;
(2) construction, reconstruction, rehabilitation, and
replacement activities;
(3) the acquisition of real property or an interest in real
property (including water rights, land relating to the
project, and improvements to land), environmental mitigation
(including acquisitions pursuant to section 10007(7)),
construction contingencies, and acquisition of equipment;
(4) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction; and
(5) refinancing interim construction funding, long-term
project obligations, or a secured loan or loan guarantee made
under this title.

SEC. 10009. DETERMINATION OF ELIGIBILITY AND PROJECT
SELECTION.

(a) Eligibility Requirements.--To be eligible to receive
financial assistance under this title, a project shall meet
the following criteria, as determined by the Secretary or
Administrator, as applicable:
(1) Creditworthiness.--
(A) In general.--Subject to subparagraph (B), the project
shall be creditworthy, which shall be determined by the
Secretary or the Administrator, as applicable, who shall
ensure that any financing for the project has appropriate
security features, such as a rate covenant, to ensure
repayment.
(B) Preliminary rating opinion letter.--The Secretary or
the Administrator, as applicable, shall require each project
applicant to provide a preliminary rating opinion letter from
at least 1 rating agency indicating that the senior
obligations of the project (which may be the Federal credit
instrument) have the potential to achieve an investment-grade
rating.
(C) Special rule for certain combined projects.--The
Administrator shall develop a credit evaluation process for a
Federal credit instrument provided to a State infrastructure
financing authority for a project under section 10007(8) or
an entity for a project under section 10007(9), which may
include requiring the provision of a preliminary rating
opinion letter from at least 1 rating agency.
(2) Eligible project costs.--The eligible project costs of
a project shall be reasonably anticipated to be not less than
$20,000,000.
(3) Dedicated revenue sources.--The Federal credit
instrument for the project shall be repayable, in whole or in
part, from dedicated revenue sources that also secure the
project obligations.
(4) Public sponsorship of private entities.--In the case of
a project carried out by an entity that is not a State or
local government or an agency or instrumentality of a State
or local government or a tribal government or consortium of
tribal governments, the project shall be publicly sponsored.
(5) Limitation.--No project receiving Federal credit
assistance under this title may be financed or refinanced
(directly or indirectly), in whole or in part, with proceeds
of any obligation--
(A) the interest on which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(B) with respect to which credit is allowable under subpart
I or J of part IV of subchapter A of chapter 1 of such Code.
(b) Selection Criteria.--
(1) Establishment.--The Secretary or the Administrator, as
applicable, shall establish criteria for the selection of
projects that meet the eligibility requirements of subsection
(a), in accordance with paragraph (2).
(2) Criteria.--The selection criteria shall include the
following:
(A) The extent to which the project is nationally or
regionally significant, with respect to the generation of
economic and public benefits, such as--
(i) the reduction of flood risk;
(ii) the improvement of water quality and quantity,
including aquifer recharge;
(iii) the protection of drinking water; and
(iv) the support of international commerce.
(B) The extent to which the project financing plan includes
public or private financing in addition to assistance under
this title.
(C) The likelihood that assistance under this title would
enable the project to proceed at an earlier date than the
project would otherwise be able to proceed.
(D) The extent to which the project uses new or innovative
approaches.
(E) The amount of budget authority required to fund the
Federal credit instrument made available under this title.
(F) The extent to which the project--
(i) protects against extreme weather events, such as floods
or hurricanes; or
(ii) helps maintain or protect the environment.
(G) The extent to which a project serves regions with
significant energy exploration, development, or production
areas.
(H) The extent to which a project serves regions with
significant water resource challenges, including the need to
address--
(i) water quality concerns in areas of regional, national,
or international significance;
(ii) water quantity concerns related to groundwater,
surface water, or other water sources;
(iii) significant flood risk;
(iv) water resource challenges identified in existing
regional, State, or multistate agreements; or
(v) water resources with exceptional recreational value or
ecological importance.
(I) The extent to which assistance under this title reduces
the contribution of Federal assistance to the project.
(3) Special rule for certain combined projects.--For a
project described in section 10007(8), the Administrator
shall only consider the criteria described in subparagraphs
(B) through (I) of paragraph (2).
(c) Federal Requirements.--Nothing in this section
supersedes the applicability of other requirements of Federal
law (including regulations).

SEC. 10010. SECURED LOANS.

(a) Agreements.--
(1) In general.--Subject to paragraphs (2) through (4), the
Secretary or the Administrator, as applicable, may enter into
agreements with 1 or more obligors to make secured loans, the
proceeds of which shall be used--
(A) to finance eligible project costs of any project
selected under section 10009;
(B) to refinance interim construction financing of eligible
project costs of any project selected under section 10009; or
(C) to refinance long-term project obligations or Federal
credit instruments, if that refinancing provides additional
funding capacity for the completion, enhancement, or
expansion of any project that--
(i) is selected under section 10009; or
(ii) otherwise meets the requirements of section 10009.
(2) Limitation on refinancing of interim construction
financing.--A secured loan under paragraph (1) shall not be
used to refinance interim construction financing under
paragraph (1)(B) later than 1 year after the date of
substantial completion of the applicable project.
(3) Financial risk assessment.--Before entering into an
agreement under this subsection for a secured loan, the
Secretary or the Administrator, as applicable, in
consultation with the Director of the Office of

[[Page S3203]]

Management and Budget and each rating agency providing a
preliminary rating opinion letter under section
10009(a)(1)(B), shall determine an appropriate capital
reserve subsidy amount for the secured loan, taking into
account each such preliminary rating opinion letter.
(4) Investment-grade rating requirement.--The execution of
a secured loan under this section shall be contingent on
receipt by the senior obligations of the project of an
investment-grade rating.
(b) Terms and Limitations.--
(1) In general.--A secured loan provided for a project
under this section shall be subject to such terms and
conditions, and contain such covenants, representations,
warranties, and requirements (including requirements for
audits), as the Secretary or the Administrator, as
applicable, determines to be appropriate.
(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of--
(A) an amount equal to 49 percent of the reasonably
anticipated eligible project costs; and
(B) if the secured loan does not receive an investment-
grade rating, the amount of the senior project obligations of
the project.
(3) Payment.--A secured loan under this section--
(A) shall be payable, in whole or in part, from State or
local taxes, user fees, or other dedicated revenue sources
that also secure the senior project obligations of the
relevant project;
(B) shall include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
(C) may have a lien on revenues described in subparagraph
(A), subject to any lien securing project obligations.
(4) Interest rate.--The interest rate on a secured loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the secured loan on the date of execution of the
loan agreement.
(5) Maturity date.--
(A) In general.--The final maturity date of a secured loan
under this section shall be not later than 35 years after the
date of substantial completion of the relevant project.
(B) Special rule for state infrastructure financing
authorities.--The final maturity date of a secured loan to a
State infrastructure financing authority under this section
shall be not later than 35 years after the date on which
amounts are first disbursed.
(6) Nonsubordination.--A secured loan under this section
shall not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy, insolvency,
or liquidation of the obligor of the project.
(7) Fees.--The Secretary or the Administrator, as
applicable, may establish fees at a level sufficient to cover
all or a portion of the costs to the Federal Government of
making a secured loan under this section.
(8) Non-federal share.--The proceeds of a secured loan
under this section may be used to pay any non-Federal share
of project costs required if the loan is repayable from non-
Federal funds.
(9) Maximum federal involvement.--
(A) In general.--Except as provided in subparagraph (B),
for each project for which assistance is provided under this
title, the total amount of Federal assistance shall not
exceed 80 percent of the total project cost.
(B) Exception.--Subparagraph (A) shall not apply to any
rural water project--
(i) that is authorized to be carried out by the Secretary
of the Interior;
(ii) that includes among its beneficiaries a federally
recognized Indian tribe; and
(iii) for which the authorized Federal share of the total
project costs is greater than the amount described in
subparagraph (A).
(c) Repayment.--
(1) Schedule.--The Secretary or the Administrator, as
applicable, shall establish a repayment schedule for each
secured loan provided under this section, based on the
projected cash flow from project revenues and other repayment
sources.
(2) Commencement.--
(A) In general.--Scheduled loan repayments of principal or
interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial
completion of the project.
(B) Special rule for state infrastructure financing
authorities.--Scheduled loan repayments of principal or
interest on a secured loan to a State infrastructure
financing authority under this title shall commence not later
than 5 years after the date on which amounts are first
disbursed.
(3) Deferred payments.--
(A) Authorization.--If, at any time after the date of
substantial completion of a project for which a secured loan
is provided under this section, the project is unable to
generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the secured loan, the
Secretary or the Administrator, as applicable, subject to
subparagraph (C), may allow the obligor to add unpaid
principal and interest to the outstanding balance of the
secured loan.
(B) Interest.--Any payment deferred under subparagraph (A)
shall--
(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
(ii) be scheduled to be amortized over the remaining term
of the secured loan.
(C) Criteria.--
(i) In general.--Any payment deferral under subparagraph
(A) shall be contingent on the project meeting such criteria
as the Secretary or the Administrator, as applicable, may
establish.
(ii) Repayment standards.--The criteria established under
clause (i) shall include standards for reasonable assurance
of repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay a secured loan under this
section without penalty.
(B) Use of proceeds of refinancing.--A secured loan under
this section may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the date of substantial completion of a
project and after providing a notice to the obligor, the
Secretary or the Administrator, as applicable, may sell to
another entity or reoffer into the capital markets a secured
loan for a project under this section, if the Secretary or
the Administrator, as applicable, determines that the sale or
reoffering can be made on favorable terms.
(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary or the Administrator, as
applicable, may not change the original terms and conditions
of the secured loan without the written consent of the
obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary or the Administrator, as
applicable, may provide a loan guarantee to a lender in lieu
of making a secured loan under this section, if the Secretary
or the Administrator, as applicable, determines that the
budgetary cost of the loan guarantee is substantially the
same as that of a secured loan.
(2) Terms.--The terms of a loan guarantee provided under
this subsection shall be consistent with the terms
established in this section for a secured loan, except that
the rate on the guaranteed loan and any prepayment features
shall be negotiated between the obligor and the lender, with
the consent of the Secretary or the Administrator, as
applicable.

SEC. 10011. PROGRAM ADMINISTRATION.

(a) Requirement.--The Secretary or the Administrator, as
applicable, shall establish a uniform system to service the
Federal credit instruments made available under this title.
(b) Fees.--
(1) In general.--The Secretary or the Administrator, as
applicable, may collect and spend fees, contingent on
authority being provided in appropriations Acts, at a level
that is sufficient to cover--
(A) the costs of services of expert firms retained pursuant
to subsection (d); and
(B) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments provided under
this title.
(c) Servicer.--
(1) In general.--The Secretary or the Administrator, as
applicable, may appoint a financial entity to assist the
Secretary or the Administrator in servicing the Federal
credit instruments provided under this title.
(2) Duties.--A servicer appointed under paragraph (1) shall
act as the agent for the Secretary or the Administrator, as
applicable.
(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary
or the Administrator, as applicable.
(d) Assistance From Experts.--The Secretary or the
Administrator, as applicable, may retain the services,
including counsel, of organizations and entities with
expertise in the field of municipal and project finance to
assist in the underwriting and servicing of Federal credit
instruments provided under this title.
(e) Applicability of Other Laws.--Section 513 of the
Federal Water Pollution Control Act (33 U.S.C. 1372) applies
to the construction of a project carried out, in whole or in
part, with assistance made available through a Federal credit
instrument under this title in the same manner that section
applies to a treatment works for which a grant is made
available under that Act.

SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS.

The provision of financial assistance for project under
this title shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State, local, or tribal
permit or approval with respect to the project;
(2) limit the right of any unit of State, local, or tribal
government to approve or regulate any rate of return on
private equity invested in the project; or
(3) otherwise supersede any State, local, or tribal law
(including any regulation) applicable to the construction or
operation of the project.

SEC. 10013. REGULATIONS.

The Secretary or the Administrator, as applicable, may
promulgate such regulations as the Secretary or Administrator
determines to be appropriate to carry out this title.

SEC. 10014. FUNDING.

(a) In General.--There is authorized to be appropriated to
each of the Secretary and

[[Page S3204]]

the Administrator to carry out this title $50,000,000 for
each of fiscal years 2014 through 2018, to remain available
until expended.
(b) Administrative Costs.--Of the funds made available to
carry out this title, the Secretary or the Administrator, as
applicable, may use for the administration of this title,
including for the provision of technical assistance to aid
project sponsors in obtaining the necessary approvals for the
project, not more than $2,200,000 for each of fiscal years
2014 through 2018.

SEC. 10015. REPORT TO CONGRESS.

Not later than 2 years after the date of enactment of this
Act, and every 2 years thereafter, the Secretary or the
Administrator, as applicable, 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 summarizing for the projects that
are receiving, or have received, assistance under this
title--
(1) the financial performance of those projects, including
a recommendation as to whether the objectives of this title
are being met; and
(2) the public benefit provided by those projects,
including, as applicable, water quality and water quantity
improvement, the protection of drinking water, and the
reduction of flood risk.

TITLE XI--EXTREME WEATHER

SEC. 11001. STUDY ON RISK REDUCTION.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in coordination with
the Secretary of the Interior and the Secretary of Commerce,
shall enter into an arrangement with the National Academy of
Sciences to carry out a study and make recommendations
relating to infrastructure and coastal restoration options
for reducing risk to human life and property from extreme
weather events, such as hurricanes, coastal storms, and
inland flooding.
(b) Considerations.--The study under subsection (a) shall
include--
(1) an analysis of strategies and water resources projects,
including authorized water resources projects that have not
yet been constructed, and other projects implemented in the
United States and worldwide to respond to risk associated
with extreme weather events;
(2) an analysis of historical extreme weather events and
the ability of existing infrastructure to mitigate risks
associated with those events;
(3) identification of proven, science-based approaches and
mechanisms for ecosystem protection and identification of
natural resources likely to have the greatest need for
protection, restoration, and conservation so that the
infrastructure and restoration projects can continue
safeguarding the communities in, and sustaining the economy
of, the United States;
(4) an estimation of the funding necessary to improve
infrastructure in the United States to reduce risk associated
with extreme weather events;
(5) an analysis of the adequacy of current funding sources
and the identification of potential new funding sources to
finance the necessary infrastructure improvements referred to
in paragraph (3); and
(6) an analysis of the Federal, State, and local costs of
natural disasters and the potential cost-savings associated
with implementing mitigation measures.
(c) Coordination.--The National Academy of Sciences may
cooperate with the National Academy of Public Administration
to carry out 1 or more aspects of the study under subsection
(a).
(d) Publication.--Not later than 30 days after completion
of the study under subsection (a), the National Academy of
Sciences shall--
(1) submit a copy 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; and
(2) make a copy of the study available on a publicly
accessible Internet site.

SEC. 11002. GAO STUDY ON MANAGEMENT OF FLOOD, DROUGHT, AND
STORM DAMAGE.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a study of the strategies
used by the Corps of Engineers for the comprehensive
management of water resources in response to floods, storms,
and droughts, including an historical review of the ability
of the Corps of Engineers to manage and respond to historical
drought, storm, and flood events.
(b) Considerations.--The study under subsection (a) shall
address--
(1) the extent to which existing water management
activities of the Corps of Engineers can better meet the goal
of addressing future flooding, drought, and storm damage
risks, which shall include analysis of all historical extreme
weather events that have been recorded during the previous 5
centuries as well as in the geological record;
(2) whether existing water resources projects built or
maintained by the Corps of Engineers, including dams, levees,
floodwalls, flood gates, and other appurtenant infrastructure
were designed to adequately address flood, storm, and drought
impacts and the extent to which the water resources projects
have been successful at addressing those impacts;
(3) any recommendations for approaches for repairing,
rebuilding, or restoring infrastructure, land, and natural
resources that consider the risks and vulnerabilities
associated with past and future extreme weather events;
(4) whether a reevaluation of existing management
approaches of the Corps of Engineers could result in greater
efficiencies in water management and project delivery that
would enable the Corps of Engineers to better prepare for,
contain, and respond to flood, storm, and drought conditions;
(5) any recommendations for improving the planning
processes of the Corps of Engineers to provide opportunities
for comprehensive management of water resources that
increases efficiency and improves response to flood, storm,
and drought conditions; and
(6) any recommendations for improving approaches to
rebuilding or restoring infrastructure and natural resources
that contribute to risk reduction, such as coastal wetlands,
to prepare for flood and drought.

SEC. 11003. POST-DISASTER WATERSHED ASSESSMENTS.

(a) Watershed Assessments.--
(1) In general.--In an area that the President has 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), the Secretary may carry out a watershed
assessment to identify, to the maximum extent practicable,
specific flood risk reduction, hurricane and storm damage
reduction, or ecosystem restoration project recommendations
that will help to rehabilitate and improve the resiliency of
damaged infrastructure and natural resources to reduce risks
to human life and property from future natural disasters.
(2) Existing projects.--A watershed assessment carried out
paragraph (1) may identify existing projects being carried
out under 1 or more of the authorities referred to in
subsection (b) (1).
(3) Duplicate watershed assessments.--In carrying out a
watershed assessment under paragraph (1), the Secretary shall
use all existing watershed assessments and related
information developed by the Secretary or other Federal,
State, or local entities.
(b) Projects.--
(1) In general.--The Secretary may carry out 1 or more
small projects identified in a watershed assessment under
subsection (a) that the Secretary would otherwise be
authorized to carry out under--
(A) section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s);
(B) section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i);
(C) section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330);
(D) section 1135 of the Water Resources Development Act of
1986 (33 U.S.C. 2309a);
(E) section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577); or
(F) section 3 of the Act of August 13, 1946 (33 U.S.C.
426g).
(2) Existing projects.--In carrying out a project under
paragraph (1), the Secretary shall--
(A) to the maximum extent practicable, use all existing
information and studies available for the project; and
(B) not require any element of a study completed for the
project prior to the disaster to be repeated.
(c) Requirements.--All requirements applicable to a project
under the Acts described in subsection (b) shall apply to the
project.
(d) Limitations on Assessments.--
(1) In general.--A watershed assessment under subsection
(a) shall be initiated not later than 2 years after the date
on which the major disaster declaration is issued.
(2) Federal share.--The Federal share of the cost of
carrying out a watershed assessment under subsection (a)
shall not exceed $1,000,000.
(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 2018.
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