Water Resources Reform and Development Act of 2014

result in the completion of a final feasibility report not later than 3 years after the date of initiation;

have a maximum Federal cost of $3,000,000; and

ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section.

prepare an updated feasibility study schedule and cost estimate;

notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and

provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable.

In general

Notwithstanding the requirements of subsection (c), the Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsections (a) and (c).

Factors

In making a determination that a study is too complex to comply with the requirements of subsections (a) and (c), the Secretary shall consider—

Notification

Each time the Secretary makes a determination under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex.

Limitation

The Secretary shall not extend the timeline for a feasibility study for a period of more than 7 years, and any feasibility study that is not completed before that date shall no longer be authorized.

take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005;

convene a meeting of all Federal, tribal, and State agencies identified under section 2045(e) of the Water Resources Development Act of 2007 (33 U.S.C. 2348(e)) that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and

take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner.

the status of the implementation of the planning process under this section, including the number of participating projects;

a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and

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

the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section;

the amount of time taken to complete each feasibility study; and

any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation.

Repeal

Section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)) is repealed.

Conforming amendment

Section 905(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(a)(1)) is amended by striking perform a reconnaissance study and.

Amendment

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

Clerical amendment

The table of contents contained in section 1(b) of the Water Resources Development Act of 2007 (121 Stat. 1042) is amended by striking the item relating to section 2045 and inserting the following:

in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; and

commenced within a 2-year period beginning on the date of a declaration described in this subsection.

Establishment of benchmark goals

In carrying out subsection (b), the Secretary shall—

Benchmark goals

Notice

In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall—

why the Secretary failed to make a decision in accordance with such process;

the additional actions required before the Secretary will issue a decision; and

the amount of time the Secretary will require to issue a decision.

Submission to Congress

The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Public availability

The Secretary shall maintain a publicly available database, including on the Internet, on—

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

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

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

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

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

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

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

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

an identification of the number, type, and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically, which shall differentiate between solicitations that allowed full or partial electronic submission;

an analysis of the information provided under paragraph (1) and actions that could be taken by the Secretary to refine and improve the use of electronic submission for procurement solicitation responses;

an analysis of the potential benefits of and obstacles to full implementation of electronic submission for procurement solicitation responses, including with respect to cost savings, error reduction, paperwork reduction, increased bidder participation, and competition, and expanded use of electronic bid data collection for cost-effective contract management and timely reporting; and

an analysis of the options and technologies available to facilitate expanded implementation of electronic submission for procurement solicitation responses and the suitability of each option and technology for contracts of various types and sizes.

In general

Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.

Independent review

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—

Expedited consideration of currently authorized projects

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

that—

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

In general

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

Contents

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

an evaluation of the process for preparing, negotiating, and approving Project Partnership Agreements, as in effect on the day before the date of enactment of this Act, including suggested modifications to the process provided by non-Federal interests; and

recommendations based on the evaluation under paragraph (1) to improve the Project Partnership Agreement template and the process for preparing, negotiating, and approving Project Partnership Agreements.

In general

The Secretary shall submit the findings of the National Academy of Public Administration to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Report

Not later than 180 days after the date on which the findings are received under paragraph (1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed response, including any recommendations the Secretary plans to implement, on the process for preparing, negotiating, and approving Project Partnership Agreements and the Project Partnership Agreement template.

In general

Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended to read as follows:

Section 404 of the Water Resources Development Act of 1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act.

Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1) and the item relating to that section in the table of contents contained in section 1(b) of that Act.

Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13) and the item relating to that section in the table of contents contained in section 1(b) of that Act.

Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232).

Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1).

Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13).

by inserting and other non-Federal interests after States and political subdivisions thereof each place it appears;

by inserting , including a project for navigation on the inland waterways, after study or project;

by striking Provided, That when and inserting Provided, That the Secretary is authorized to receive and expend funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent with the operation and maintenance of the project for the authorized purposes of the project: Provided further, That when; and

by striking the period at the end and inserting the following: : Provided further, That the term non-Federal interest has the meaning given that term in section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b)..

publish the proposed modification in the Federal Register; and

accept public comment on the proposed modification.

In general

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

Review of pilot program

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

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

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

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

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

by inserting after subparagraph (D) the following:

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

by inserting , or construction of design deficiency corrections on the project, after construction on the project; and

by inserting , or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share, after has not been initiated.

In general

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

Inclusions

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

Public and stakeholder participation

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

in subsection (a), by inserting , on, or after after before;

by striking subsection (d) and inserting the following:

by adding at the end the following:

In general

Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section 1018(a)) shall apply to any credit under this section.

Conditions

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

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

reduce costs to the Federal Government; and

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

Deadlines

Inclusions

The reports described in paragraph (1) shall include—

a description of the activities undertaken, including the costs associated with the activities; and

a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.

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

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

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

determines that the measures are—

In general

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

Operation and maintenance

The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.

Definition of continuing authority program project

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

Prioritization

Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects.

Annual report

Not later than 1 year after the date of enactment of this Act and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include—

Congressional notification

On publication in the Federal Register under paragraphs (2) and (3), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of all information published under those paragraphs.

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

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

In general

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

Applicability

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

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

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

by striking $15,000,000 and inserting $20,000,000; and

by striking $1,500,000 and inserting $5,000,000.

in subsection (d)(1)(B)—

by striking subsection (e) and inserting the following:

use best practices to carry out corrosion prevention activities in the field;

use industry-recognized standards and corrosion mitigation and prevention methods when—

use certified coating application specialists and cathodic protection technicians and engineers;

use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials;

demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and

demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.

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

the installation, testing, and inspection of cathodic protection systems; and

any other activities related to corrosion prevention the Secretary determines appropriate.

accelerating and improving the environmental review process;

increasing effective public participation;

enhancing the detail and accuracy of project designs;

increasing safety;

accelerating construction and reducing construction costs; or

otherwise achieving the purposes described in paragraphs (1) through (5).

compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies;

disseminate to non-Federal interests the information described in paragraph (1); and

promote the use of advanced modeling technologies.

the floating cabin—

the Secretary has authorized the use of recreational vessels on such waters.

the plan is technically feasible and environmentally acceptable; and

the benefits of the plan exceed the costs of the plan.

by striking The Secretary and inserting the following:

by adding at the end the following:

In general

Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a review of all authorized water resources development projects for which the Secretary is authorized to provide periodic nourishment under section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f).

Scope of review

In carrying out the review under paragraph (1), the Secretary shall assess the Federal costs associated with that nourishment authority and the projected benefits of each project.

Report to congress

Upon completion of the review under paragraph (1), the Secretary shall issue to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that review, including any proposed changes the Secretary may recommend to the nourishment authority.

Review of authorities

The Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Chairman of the Tennessee Valley Authority, and other applicable heads of Federal agencies, shall—

Federal investment

Multiagency effort To slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries

Report to Congress

In general

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

Notifications

The Secretary shall notify the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any emergency actions taken pursuant to this subsection.

in subsection (a)—

in subsection (b), in the first sentence, by striking $15,000,000 annually and inserting $40,000,000, of which $20,000,000 shall be made available to implement subsection (d), annually; and

by inserting after subsection (c) the following:

in subsection (d)—

by adding at the end the following:

In general

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

Requirements

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

Mitigation instruments

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

subparagraphs (A) and (B) of section 1043(a)(5);

section 1046(a)(2)(B);

section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) (as amended by section 2102(a)); and

section 7001.

In general

Subject to subsection (d), if the Secretary fails to provide a report listed under subsection (b) by the date that is 180 days after the applicable date required for that report, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Army Corps of Engineers with responsibility for completing that report.

Subsequent reprogramming

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

In general

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

Aggregate limitation

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

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

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

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

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out feasibility studies for flood risk management, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland navigation.

Purposes

The purposes of the pilot program are—

Administration

Cost share

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

Report

Administration

All laws and regulations that would apply to the Secretary if the Secretary were carrying out the feasibility study shall apply to a non-Federal interest carrying out a feasibility study under this subsection.

Termination of authority

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

Authorization of appropriations

In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 through 2019.

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, coastal harbor and channel inland navigation, and aquatic ecosystem restoration projects.

Purposes

The purposes of the pilot program are—

Administration

Cost share

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

Report

Administration

All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this subsection.

Termination of Authority

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

Authorization of appropriations

In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 through 2019.

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

by inserting after paragraph (2) the following:

lake levels and rule curves in areas of previous, current, and prolonged drought; and

the effect the long-term FERC licenses have on the ability of the Secretary to manage lakes for hydropower generation, navigation, flood protection, water supply, fish and wildlife, and recreation.

Definition of project

In this subsection, the term project means a water resources development project that is operated and maintained by the Secretary.

Reports

General accountability office report to Congress

The Comptroller General shall—

Interagency and cooperative agreements

The Secretary may enter into interagency agreements with other Federal agencies and cooperative agreements with non-Federal entities to carry out this subsection and reviews of project operations or activities resulting from those reviews.

Funding

Effect of subsection

In general

For each water supply feature of a reservoir managed by the Secretary, the Secretary shall notify the applicable non-Federal interests before each fiscal year of the anticipated operation and maintenance activities for that fiscal year and each of the subsequent 4 fiscal years (including the cost of those activities) for which the non-Federal interests are required to contribute amounts.

Clarification

The information provided to a non-Federal interest under paragraph (1) shall—

In general

The Secretary shall not charge a fee for surplus water under a contract entered into pursuant to section 6 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (33 U.S.C. 708) if the contract is for surplus water stored in the Upper Missouri Mainstem Reservoirs.

Offset

Limitation

The limitation provided under paragraph (1) shall expire on the date that is 10 years after the date of enactment of this Act.

Applicability

Nothing in this subsection—

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

by inserting after subsection (b) the following:

In general

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

Fees

Program

Acquisition of goods and services

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

Administration

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

In general

If the Secretary determines that it is in the public interest for purposes of enhancing recreation opportunities at Corps of Engineers water resources development projects, the Secretary may use funds made available to the Secretary to support activities carried out by State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate.

Cooperative agreements

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

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

Farm

The term farm has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).

Gallon

The term gallon means a United States gallon.

Oil

The term oil has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).

Oil discharge

The term oil discharge has the meaning given the term discharge in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).

Reportable oil discharge history

Spill Prevention, Control, and Countermeasure rule

The term Spill Prevention, Control, and Countermeasure rule means the regulation, including amendments, promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (or successor regulations).

require certification by a professional engineer for a farm with—

allow certification by the owner or operator of the farm (via self-certification) for a farm with—

not require compliance with the rule by any farm—

not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than 2,500 gallons.

all containers on separate parcels that have a capacity that is 1,000 gallons or less; and

all containers holding animal feed ingredients approved for use in livestock feed by the Commissioner of Food and Drugs.

In general

Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under paragraphs (2) and (3) of subsection (b), which shall be not more than 6,000 gallons and not less than 2,500 gallons, based on a significant risk of discharge to water.

Adjustment

Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in paragraphs (2) and (3) of subsection (b) in accordance with the study.

In general

Section 103(c)(1) of the Water Resources Development Act of 1992 (106 Stat. 4811) is amended by striking Lower Mississippi River Museum and Riverfront Interpretive Site and inserting Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site.

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the museum and interpretive site referred to in paragraph (1) shall be deemed to be a reference to the Jesse Brent Lower Mississippi River Museum and Riverfront Interpretive Site.

Redesignation

The lock and dam located in Modoc, Illinois, authorized by the Act of July 3, 1930 (46 Stat. 927), and commonly known as the Kaskaskia Lock and Dam, is redesignated as the Jerry F. Costello Lock and Dam.

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the lock and dam referred to in section 1 shall be deemed to be a reference to the Jerry F. Costello Lock and Dam.

Findings

Congress finds the following:

Sense of Congress

It is the sense of Congress that—