,one ,hundred ,thirteenth ,congress of the ,united ,states of ,america ,at the ,second ,session ,begun and held at the ,city of ,washington on ,friday1 the third day of ,january1 two thousand and fourteen ,h4 ,r4 #cjhj ,,an ,,act ,to provide for improvements to the rivers and harbors of the ,united ,states1 to provide for the conservation and development of water and related resources1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water ,resources ,reform and ,development ,act of #bjad4 7b7 ,table of contents ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,program reforms and streamlining ,sec4 #ajja4 ,vertical integration and acceleration of studies4 ,sec4 #ajjb4 ,consolidation of studies4 ,sec4 #ajjc4 ,expedited completion of reports4 ,sec4 #ajjd4 ,removal of duplicative analyses4 ,sec4 #ajje4 ,project acceleration4 ,sec4 #ajjf4 ,expediting the evaluation and processing of permits4 ,sec4 #ajjg4 ,expediting approval of modifications and alterations of projects by non-,federal interests4 ,sec4 #ajjh4 ,expediting hydropower at ,corps of ,engineers facilities4 ,sec4 #ajji4 ,enhanced use of electronic commerce in ,federal procurement4 ,sec4 #ajaj4 ,determination of project completion4 ,sec4 #ajaa4 ,prioritization4 ,sec4 #ajab4 ,transparency in accounting and administrative expenses4 ,sec4 #ajac4 ,evaluation of project ,partnership ,agreements4 ,sec4 #ajad4 ,study and construction of water resources development projects by non-,federal interests4 ,sec4 #ajae4 ,contributions by non-,federal interests4 ,sec4 #ajaf4 ,operation and maintenance of certain projects4 ,sec4 #ajag4 ,acceptance of contributed funds to increase lock operations4 ,sec4 #ajah4 ,credit for in-kind contributions4 ,sec4 #ajai4 ,clarification of in-kind credit authority4 ,sec4 #ajbj4 ,transfer of excess credit4 ,sec4 #ajba4 ,crediting authority for federally authorized navigation projects4 ,sec4 #ajbb4 ,credit in lieu of reimbursement4 ,sec4 #ajbc4 ,additional contributions by non-,federal interests4 ,sec4 #ajbd4 ,authority to accept and use materials and services4 ,sec4 #ajbe4 ,water resources projects on ,federal land4 ,sec4 #ajbf4 ,clarification of impacts to other ,federal facilities4 ,sec4 #ajbg4 ,clarification of munition disposal authorities4 ,sec4 #ajbh4 ,clarification of mitigation authority4 ,sec4 #ajbi4 ,clarification of interagency support authorities4 ,sec4 #ajcj4 ,continuing authority4 ,sec4 #ajca4 ,tribal partnership program4 ,sec4 #ajcb4 ,territories of the ,united ,states4 ,sec4 #ajcc4 ,corrosion prevention4 ,sec4 #ajcd4 ,advanced modeling technologies4 ,sec4 #ajce4 ,recreational access4 ,sec4 #ajcf4 ,non-,federal plans to provide additional flood risk reduction4 ,sec4 #ajcg4 ,hurricane and storm damage reduction4 ,sec4 #ajch4 ,reduction of ,federal costs for hurricane and storm damage reduction projects4 ,sec4 #ajci4 ,invasive species4 ,sec4 #ajdj4 ,fish and wildlife mitigation4 ,sec4 #ajda4 ,mitigation status report4 ,sec4 #ajdb4 ,reports to ,congress4 ,sec4 #ajdc4 ,non-,federal implementation pilot program4 ,sec4 #ajdd4 ,independent peer review4 ,sec4 #ajde4 ,report on surface elevations at drought affected lakes4 ,sec4 #ajdf4 ,reservoir operations and water supply4 ,sec4 #ajdg4 ,special use permits4 ,sec4 #ajdh4 ,america the ,beautiful ,national ,parks and ,federal ,recreational ,lands ,pass program4 ,sec4 #ajdi4 ,applicability of spill prevention1 control1 and countermeasure rule4 ,sec4 #ajej4 ,namings4 ,sec4 #ajea4 ,interstate water agreements and compacts4 ,sec4 #ajeb4 ,sense of ,congress regarding water resources development bills4 ,,title ,,ii--,navigation ,subtitle ,a--,inland waterways ,sec4 #bjja4 ,definitions4 ,sec4 #bjjb4 ,project delivery process reforms4 ,sec4 #bjjc4 ,efficiency of revenue collection4 ,sec4 #bjjd4 ,inland waterways revenue studies4 ,sec4 #bjje4 ,inland waterways stakeholder roundtable4 ,sec4 #bjjf4 ,preserving the ,inland ,waterway ,trust ,fund4 ,sec4 #bjjg4 ,inland waterways oversight4 ,sec4 #bjjh4 ,assessment of operation and maintenance needs of the ,atlantic ,intracoastal ,waterway and the ,gulf ,intracoastal ,waterway4 ,sec4 #bjji4 ,inland waterways riverbank stabilization4 ,sec4 #bjaj4 ,upper ,mississippi ,river protection4 ,sec4 #bjaa4 ,corps of ,engineers lock and dam energy development4 ,sec4 #bjab4 ,restricted areas at ,corps of ,engineers dams4 ,sec4 #bjac4 ,operation and maintenance of fuel taxed inland waterways4 ,subtitle ,b--,port and ,harbor ,maintenance ,sec4 #baja4 ,funding for harbor maintenance programs4 ,sec4 #bajb4 ,operation and maintenance of harbor projects4 ,sec4 #bajc4 ,consolidation of deep draft navigation expertise4 ,sec4 #bajd4 ,remote and subsistence harbors4 ,sec4 #baje4 ,arctic deep draft port development partnerships4 ,sec4 #bajf4 ,additional measures at donor ports and energy transfer ports4 ,sec4 #bajg4 ,preserving ,united ,states harbors4 ,,title ,,iii--,safety ,improvements and ,addressing ,extreme ,weather ,events ,subtitle ,a--,dam ,safety ,sec4 #cjja4 ,dam ,safety4 ,subtitle ,b--,levee safety ,sec4 #cjaa4 ,systemwide improvement framework4 ,sec4 #cjab4 ,management of flood risk reduction projects4 ,sec4 #cjac4 ,vegetation management policy4 ,sec4 #cjad4 ,levee certifications4 ,sec4 #cjae4 ,planning assistance to ,states4 ,sec4 #cjaf4 ,levee safety4 ,sec4 #cjag4 ,rehabilitation of existing levees4 ,subtitle ,c--,additional safety improvements and risk reduction measures ,sec4 #cjba4 ,use of innovative materials4 ,sec4 #cjbb4 ,durability1 sustainability1 and resilience4 ,sec4 #cjbc4 ,study on risk reduction4 ,sec4 #cjbd4 ,management of flood1 drought1 and storm damage4 ,sec4 #cjbe4 ,post-disaster watershed assessments4 ,sec4 #cjbf4 ,hurricane and storm damage reduction study4 ,sec4 #cjbg4 ,emergency communication of risk4 ,sec4 #cjbh4 ,safety assurance review4 ,sec4 #cjbi4 ,emergency response to natural disasters4 ,,title ,,iv--,river ,basins and ,coastal ,areas ,sec4 #djja4 ,river basin commissions4 ,sec4 #djjb4 ,mississippi ,river4 ,sec4 #djjc4 ,missouri ,river4 ,sec4 #djjd4 ,arkansas ,river4 ,sec4 #djje4 ,columbia ,basin4 ,sec4 #djjf4 ,rio ,grande4 ,sec4 #djjg4 ,northern ,rockies headwaters4 ,sec4 #djjh4 ,rural ,western water4 ,sec4 #djji4 ,north ,atlantic ,coastal ,region4 ,sec4 #djaj4 ,chesapeake ,bay4 ,sec4 #djaa4 ,louisiana coastal area4 ,sec4 #djab4 ,red ,river ,basin4 ,sec4 #djac4 ,technical corrections4 ,sec4 #djad4 ,ocean and coastal resiliency4 ,,title ,v--,water infrastructure financing ,subtitle ,a--,state ,water ,pollution ,control ,revolving ,funds ,sec4 #ejja4 ,general authority for capitalization grants4 ,sec4 #ejjb4 ,capitalization grant agreements4 ,sec4 #ejjc4 ,water pollution control revolving loan funds4 ,sec4 #ejjd4 ,requirements4 ,sec4 #ejje4 ,report on the allotment of funds4 ,sec4 #ejjf4 ,effective date4 ,subtitle ,b--,general provisions ,sec4 #ejaa4 ,watershed pilot projects4 ,sec4 #ejab4 ,definition of treatment works4 ,sec4 #ejac4 ,funding for ,indian programs4 ,sec4 #ejad4 ,water infrastructure public-private partnership pilot program4 ,subtitle ,c--,innovative financing pilot projects ,sec4 #ejba4 ,short title4 ,sec4 #ejbb4 ,definitions4 ,sec4 #ejbc4 ,authority to provide assistance4 ,sec4 #ejbd4 ,applications4 ,sec4 #ejbe4 ,eligible entities4 ,sec4 #ejbf4 ,projects eligible for assistance4 ,sec4 #ejbg4 ,activities eligible for assistance4 ,sec4 #ejbh4 ,determination of eligibility and project selection4 ,sec4 #ejbi4 ,secured loans4 ,sec4 #ejcj4 ,program administration4 ,sec4 #ejca4 ,state1 tribal1 and local permits4 ,sec4 #ejcb4 ,regulations4 ,sec4 #ejcc4 ,funding4 ,sec4 #ejcd4 ,reports on pilot program implementation4 ,sec4 #ejce4 ,requirements4 ,,title ,,vi--,deauthorization and backlog prevention ,sec4 #fjja4 ,deauthorization of inactive projects4 ,sec4 #fjjb4 ,review of ,corps of ,engineers assets4 ,sec4 #fjjc4 ,backlog prevention4 ,sec4 #fjjd4 ,deauthorizations4 ,sec4 #fjje4 ,land conveyances4 ,,title ,,vii--,water resources infrastructure ,sec4 #gjja4 ,annual report to ,congress4 ,sec4 #gjjb4 ,authorization of final feasibility studies4 ,sec4 #gjjc4 ,authorization of project modifications recommended by the ,secretary4 ,sec4 #gjjd4 ,expedited consideration in the ,house and ,senate4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,army4 ,i ,program reforms and streamlining #ajja4 ,vertical integration and acceleration of studies 7a7 ,in general ,to the extent practicable1 a feasibility study initiated by the ,secretary1 after the date of enactment of this ,act1 under section #ije7;a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7;a77 shall-- 7#a7 result in the completion of a final feasibility report not later than #c years after the date of initiation2 7#b7 have a maximum ,federal cost of #c1jjj1jjj2 and 7#c7 ensure that personnel from the district1 division1 and headquarters levels of the ,corps of ,engineers concurrently conduct the review required under that section4 7b7 ,extension ,if the ,secretary determines that a feasibility study described in subsection 7a7 will not be conducted in accordance with subsection 7a71 the ,secretary1 not later than #cj days after the date of making the determination1 shall-- 7#a7 prepare an updated feasibility study schedule and cost estimate2 7#b7 notify the non-,federal feasibility cost-sharing partner that the feasibility study has been delayed2 and 7#c7 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 7a7 are not attainable4 7c7 ,termination of authorization ,a feasibility study for which the ,secretary has issued a determination under subsection 7b7 is not authorized after the last day of the #a-year period beginning on the date of the determination if the ,secretary has not completed the study on or before such last day4 7d7 ,exception 7#a7 ,in general ,notwithstanding the requirements of subsection 7c71 the ,secretary may extend the timeline of a study by a period not to exceed #c years1 if the ,secretary determines that the feasibility study is too complex to comply with the requirements of subsections 7a7 and 7c74 7#b7 ,factors ,in making a determination that a study is too complex to comply with the requirements of subsections 7a7 and 7c71 the ,secretary shall consider-- 7,a7 the type1 size1 location1 scope1 and overall cost of the project2 7,b7 whether the project will use any innovative design or construction techniques2 7,c7 whether the project will require significant action by other ,federal1 ,state1 or local agencies2 7,d7 whether there is significant public dispute as to the nature or effects of the project2 and 7,e7 whether there is significant public dispute as to the economic or environmental costs or benefits of the project4 7#c7 ,notification ,each time the ,secretary makes a determination under this subsection1 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 determination1 including an identification of the specific #a or more factors used in making the determination that the project is complex4 7#d7 ,limitation ,the ,secretary shall not extend the timeline for a feasibility study for a period of more than #g years1 and any feasibility study that is not completed before that date shall no longer be authorized4 7e7 ,reviews ,not later than #ij days after the date of the initiation of a study described in subsection 7a7 for a project1 the ,secretary shall-- 7#a7 take all steps necessary to initiate the process for completing federally mandated reviews that the ,secretary is required to complete as part of the study1 including the environmental review process under section #ajje2 7#b7 convene a meeting of all ,federal1 tribal1 and ,state agencies identified under section #bjde7;e7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh7;e77 that may be required by law to conduct or issue a review1 analysis1 or opinion on or to make a determination concerning a permit or license for the study2 and 7#c7 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 manner4 7f7 ,interim report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report that describes-- 7#a7 the status of the implementation of the planning process under this section1 including the number of participating projects2 7#b7 a review of project delivery schedules1 including a description of any delays on those studies participating in the planning process under this section2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects4 7g7 ,final report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report that describes-- 7#a7 the status of the implementation of this section1 including a description of each feasibility study subject to the requirements of this section2 7#b7 the amount of time taken to complete each feasibility study2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the feasibility study process1 including an analysis of whether the limitation established by subsection 7a77#b7 needs to be adjusted to address the impacts of inflation4 #ajjb4 ,consolidation of studies 7a7 ,in general 7#a7 ,repeal ,section #ije7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7;b77 is repealed4 7#b7 ,conforming amendment ,section #ije7;a77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7;a77#a77 is amended by striking perform a reconnaissance study and4 7b7 ,contents of feasibility reports ,section #ije7;a77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7;a77#b77 is amended by adding at the end the following3 ,a feasibility report shall include a preliminary analysis of the ,federal interest and the costs1 benefits1 and environmental impacts of the project44 7c7 ,feasibility studies ,section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7 is amended by adding at the end the following3 7g7 ,detailed project schedule 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection1 including all major actions1 report submissions and responses1 reviews1 and comment periods4 7#b7 ,detailed project schedule milestones ,each ,district ,engineer shall1 to the maximum extent practicable1 establish a detailed project schedule1 based on full funding capability1 that lists all deadlines for milestones relating to feasibility studies in the ,district developed by the ,secretary under paragraph 7#a74 7#c7 ,non-,federal interest notification ,each ,district ,engineer shall submit by certified mail the detailed project schedule under paragraph 7#b7 to each relevant non-,federal interest-- 7,a7 for projects that have received funding from the ,general ,investigations ,account of the ,corps of ,engineers in the period beginning on ,october #a1 #bjji1 and ending on the date of enactment of this subsection1 not later than #ahj days after the establishment of milestones under paragraph 7#a72 and 7,b7 for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph 7#a71 not later than #ij days after the date on which the agreement is executed4 7#d7 ,congressional and public notification ,beginning in the first full fiscal year after the date of enactment of this subsection1 the ,secretary shall-- 7,a7 submit an annual report that lists all detailed project schedules under paragraph 7#b7 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 ,representatives2 and 7,b7 make publicly available1 including on the ,internet1 a copy of the annual report described in subparagraph 7,a7 not later than #ad days after date on which a report is submitted to ,congress4 7#e7 ,failure to ,act ,if a ,district ,engineer fails to meet any of the deadlines in the project schedule under paragraph 7#b71 the ,district ,engineer shall-- 7,a7 not later than #cj days after each missed deadline1 submit to the non-,federal interest a report detailing-- 7i7 why the ,district ,engineer failed to meet the deadline2 and 7ii7 a revised project schedule reflecting amended deadlines for the feasibility study2 and 7,b7 not later than #cj days after each missed deadline1 make publicly available1 including on the ,internet1 a copy of the amended project schedule described in subparagraph 7,a77ii74 4 7d7 ,applicability ,the ,secretary shall continue to carry out a study for which a reconnaissance level investigation has been initiated before the date of enactment of this ,act as if this section1 including the amendments made by this section1 had not been enacted4 #ajjc4 ,expedited completion of reports ,the ,secretary shall-- 7#a7 expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this ,act2 and 7#b7 if the ,secretary determines that the project is justified in a completed report1 proceed directly to preconstruction planning1 engineering1 and design of the project in accordance with section #iaj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhg74 #ajjd4 ,removal of duplicative analyses ,section #iaa of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhh7 is repealed4 #ajje4 ,project acceleration 7a7 ,project acceleration 7#a7 ,amendment ,section #bjde of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdh7 is amended to read as follows3 #bjde4 ,project acceleration 7a7 ,definitions ,in this section3 7#a7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,environmental review process 7,a7 ,in general ,the term environmental review process means the process of preparing an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project study4 7,b7 ,inclusions ,the term environmental review process includes the process for and completion of any environmental permit1 approval1 review1 or study required for a project study under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,federal jurisdictional agency ,the term ,federal jurisdictional agency means a ,federal agency with jurisdiction delegated by law1 regulation1 order1 or otherwise over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a project study under applicable ,federal laws 7including regulations74 7#d7 ,federal lead agency ,the term ,federal lead agency means the ,corps of ,engineers4 7#e7 ,project ,the term project means a water resources development project to be carried out by the ,secretary4 7#f7 ,project sponsor ,the term project sponsor has the meaning given the term non-,federal interest in section #bba7;b7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7b774 7#g7 ,project study ,the term project study means a feasibility study for a project carried out pursuant to section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb74 7b7 ,applicability 7#a7 ,in general ,this section-- 7,a7 shall apply to each project study that is initiated after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad and for which an environmental impact statement is prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 may be applied1 to the extent determined appropriate by the ,secretary1 to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under that ,act4 7#b7 ,flexibility ,any authority granted under this section may be exercised1 and any requirement established under this section may be satisfied1 for the conduct of an environmental review process for a project study1 a class of project studies1 or a program of project studies4 7#c7 ,list of project studies 7,a7 ,in general ,the ,secretary shall annually prepare1 and make publicly available1 a separate list of each study that the ,secretary has determined-- 7i7 meets the standards described in paragraph 7#a72 and 7ii7 does not have adequate funding to make substantial progress toward the completion of the project study4 7,b7 ,inclusions ,the ,secretary shall include for each project study on the list under subparagraph 7,a7 a description of the estimated amounts necessary to make substantial progress on the project study4 7c7 ,project review process 7#a7 ,in general ,the ,secretary shall develop and implement a coordinated environmental review process for the development of project studies4 7#b7 ,coordinated review ,the coordinated environmental review process described in paragraph 7#a7 shall require that any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision issued or made by a ,federal1 ,state1 or local governmental agency or an ,indian tribe for a project study described in subsection 7b7 be conducted1 to the maximum extent practicable1 concurrently with any other applicable governmental agency or ,indian tribe4 7#c7 ,timing ,the coordinated environmental review process under this subsection shall be completed not later than the date on which the ,secretary1 in consultation and concurrence with the agencies identified under subsection 7e71 establishes with respect to the project study4 7d7 ,lead agencies 7#a7 ,joint lead agencies 7,a7 ,in general ,at the discretion of the ,secretary and subject to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the requirements of section #aejf4h of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 including the concurrence of the proposed joint lead agency1 a project sponsor may serve as the joint lead agency4 7,b7 ,project sponsor as joint lead agency ,a project sponsor that is a ,state or local governmental entity may-- 7i7 with the concurrence of the ,secretary1 serve as a joint lead agency with the ,federal lead agency for purposes of preparing any environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 prepare any environmental review process document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 required in support of any action or approval by the ,secretary if-- 7,i7 the ,secretary provides guidance in the preparation process and independently evaluates that document2 7,,ii7 the project sponsor complies with all requirements applicable to the ,secretary under-- 7aa7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7bb7 any regulation implementing that ,act2 and 7cc7 any other applicable ,federal law2 and 7,,iii7 the ,secretary approves and adopts the document before the ,secretary takes any subsequent action or makes any approval based on that document1 regardless of whether the action or approval of the ,secretary results in ,federal funding4 7#b7 ,duties ,the ,secretary shall ensure that-- 7,a7 the project sponsor complies with all design and mitigation commitments made jointly by the ,secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection2 and 7,b7 any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the ,secretary determines are necessary4 7#c7 ,adoption and use of documents ,any environmental document prepared in accordance with this subsection shall be adopted and used by any ,federal agency making any determination related to the project study to the same extent that the ,federal agency could adopt or use a document prepared by another ,federal agency under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#d7 ,roles and responsibility of lead agency ,with respect to the environmental review process for any project study1 the ,federal lead agency shall have authority and responsibility-- 7,a7 to take such actions as are necessary and proper and within the authority of the ,federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study2 and 7,b7 to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is completed in accordance with this section and applicable ,federal law4 7e7 ,participating and cooperating agencies 7#a7 ,identification of jurisdictional agencies ,with respect to carrying out the environmental review process for a project study1 the ,secretary shall identify1 as early as practicable in the environmental review process1 all ,federal1 ,state1 and local government agencies and ,indian tribes that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#b7 ,state authority ,if the environmental review process is being implemented by the ,secretary for a project study within the boundaries of a ,state1 the ,state1 consistent with ,state law1 may choose to participate in the process and to make subject to the process all ,state agencies that-- 7,a7 have jurisdiction over the project2 7,b7 are required to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 are required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#c7 ,invitation 7,a7 ,in general ,the ,federal lead agency shall invite1 as early as practicable in the environmental review process1 any agency identified under paragraph 7#a7 to become a participating or cooperating agency1 as applicable1 in the environmental review process for the project study4 7,b7 ,deadline ,an invitation to participate issued under subparagraph 7,a7 shall set a deadline by which a response to the invitation shall be submitted1 which may be extended by the ,federal lead agency for good cause4 7#d7 ,procedures ,section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad7 shall govern the identification and the participation of a cooperating agency4 7#e7 ,federal cooperating agencies ,any ,federal agency that is invited by the ,federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the ,federal lead agency unless the invited agency informs the ,federal lead agency1 in writing1 by the deadline specified in the invitation that the invited agency-- 7,a7 7i7 7,i7 has no jurisdiction or authority with respect to the project2 7,,ii7 has no expertise or information relevant to the project2 or 7,,iii7 does not have adequate funds to participate in the project2 and 7ii7 does not intend to submit comments on the project2 or 7,b7 does not intend to submit comments on the project4 7#f7 ,administration ,a participating or cooperating agency shall comply with this section and any schedule established under this section4 7#g7 ,effect of designation ,designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency-- 7,a7 supports a proposed project2 or 7,b7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the project4 7#h7 ,concurrent reviews ,each participating or cooperating agency shall-- 7,a7 carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process1 unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations2 and 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7f7 ,programmatic compliance 7#a7 ,in general ,the ,secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that-- 7,a7 eliminates repetitive discussions of the same issues2 7,b7 focuses on the actual issues ripe for analyses at each level of review2 7,c7 establishes a formal process for coordinating with participating and cooperating agencies1 including the creation of a list of all data that is needed to carry out an environmental review process2 and 7,d7 complies with-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 all other applicable laws4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 as the first step in drafting guidance under that paragraph1 consult with relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public on the appropriate use and scope of the programmatic approaches2 7,b7 emphasize the importance of collaboration among relevant ,federal1 ,state1 and local governmental agencies1 and ,indian tribes in undertaking programmatic reviews1 especially with respect to including reviews with a broad geographical scope2 7,c7 ensure that the programmatic reviews-- 7i7 promote transparency1 including of the analyses and data used in the environmental review process1 the treatment of any deferred issues raised by ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 or the public1 and the temporal and special scales to be used to analyze those issues2 7ii7 use accurate and timely information in the environmental review process1 including-- 7,i7 criteria for determining the general duration of the usefulness of the review2 and 7,,ii7 the timeline for updating any out-of-date review2 7iii7 describe-- 7,i7 the relationship between programmatic analysis and future tiered analysis2 and 7,,ii7 the role of the public in the creation of future tiered analysis2 and 7iv7 are available to other relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public2 7,d7 allow not fewer than #fj days of public notice and comment on any proposed guidance2 and 7,e7 address any comments received under subparagraph 7,d74 7g7 ,coordinated reviews 7#a7 ,coordination plan 7,a7 ,establishment 7i7 ,in general ,the ,federal lead agency shall1 after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 establish a plan for coordinating public and agency participation in1 and comment on1 the environmental review process for a project study or a category of project studies4 7ii7 ,incorporation ,the plan established under clause 7i7 shall be incorporated into the project schedule milestones set under section #ije7;g77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7;g77#b774 7,b7 ,schedule 7i7 ,in general ,as soon as practicable but not later than #de days after the close of the public comment period on a draft environmental impact statement1 the ,federal lead agency1 after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 shall establish1 as part of the coordination plan established in subparagraph 7,a71 a schedule for completion of the environmental review process for the project study4 7ii7 ,factors for consideration ,in establishing a schedule1 the ,secretary shall consider factors such as-- 7,i7 the responsibilities of participating and cooperating agencies under applicable laws2 7,,ii7 the resources available to the project sponsor1 joint lead agency1 and other relevant ,federal and ,state agencies1 as applicable2 7,,iii7 the overall size and complexity of the project2 7,,iv7 the overall schedule for and cost of the project2 and 7,v7 the sensitivity of the natural and historical resources that could be affected by the project4 7iii7 ,modifications ,the ,secretary may-- 7,i7 lengthen a schedule established under clause 7i7 for good cause2 and 7,,ii7 shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable4 7iv7 ,dissemination ,a copy of a schedule established under clause 7i7 shall be-- 7,i7 provided to each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable2 and 7,,ii7 made available to the public4 7#b7 ,comment deadlines ,the ,federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study3 7,a7 ,draft environmental impact statements ,for comments by ,federal and ,states agencies and the public on a draft environmental impact statement1 a period of not more than #fj days after publication in the ,federal ,register of notice of the date of public availability of the draft environmental impact statement1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7,b7 ,other environmental review processes ,for all other comment periods established by the ,federal lead agency for agency or public comments in the environmental review process1 a period of not more than #cj days after the date on which the materials on which comment is requested are made available1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor1 or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7#c7 ,deadlines for decisions under other laws ,in any case in which a decision under any ,federal law relating to a project study1 including the issuance or denial of a permit or license1 is required to be made by the date described in subsection 7h77#e77;,b77ii71 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-- 7,a7 as soon as practicable after the #ahj-;day period described in subsection 7h77#e77;,b77ii71 an initial notice of the failure of the ,federal agency to make the decision2 and 7,b7 every #fj days thereafter until such date as all decisions of the ,federal agency relating to the project study have been made by the ,federal agency1 an additional notice that describes the number of decisions of the ,federal agency that remain outstanding as of the date of the additional notice4 7#d7 ,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 7including regulations74 7#e7 ,transparency ,reporting 7,a7 ,reporting requirements ,not later than #a year after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad1 the ,secretary shall establish and maintain an electronic database and1 in coordination with other ,federal and ,state agencies1 issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et4 seq47 and any other ,federal1 ,state1 or local approval or action required for a project study for which this section is applicable4 7,b7 ,project study transparency ,consistent with the requirements established under subparagraph 7,a71 the ,secretary shall publish the status and progress of any ,federal1 ,state1 or local decision1 action1 or approval required under applicable laws for each project study for which this section is applicable4 7h7 ,issue identification and resolution 7#a7 ,cooperation ,the ,federal lead agency1 the cooperating agencies1 and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws4 7#b7 ,federal lead agency responsibilities 7,a7 ,in general ,the ,federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration4 7,b7 ,data sources ,the information under subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,cooperating and participating agency responsibilities ,based on information received from the ,federal lead agency1 cooperating and participating agencies shall identify1 as early as practicable1 any issues of concern regarding the potential environmental or socioeconomic impacts of the project1 including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study4 7#d7 ,accelerated issue resolution and elevation 7,a7 ,in general ,on the request of a participating or cooperating agency or project sponsor1 the ,secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable1 to resolve issues that may-- 7i7 delay completion of the environmental review process2 or 7ii7 result in denial of any approval required for the project study under applicable laws4 7,b7 ,meeting date ,a meeting requested under this paragraph shall be held not later than #ba days after the date on which the ,secretary receives the request for the meeting1 unless the ,secretary determines that there is good cause to extend that deadline4 7,c7 ,notification ,on receipt of a request for a meeting under this paragraph1 the ,secretary shall notify all relevant participating and cooperating agencies of the request1 including the issue to be resolved and the date for the meeting4 7,d7 ,elevation of issue resolution ,if a resolution cannot be achieved within the #cj day-period beginning on the date of a meeting under this paragraph and a determination is made by the ,secretary that all information necessary to resolve the issue has been obtained1 the ,secretary shall forward the dispute to the heads of the relevant agencies for resolution4 7,e7 ,convention by secretary ,the ,secretary may convene an issue resolution meeting under this paragraph at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under subparagraph 7,a74 7#e7 ,financial penalty provisions 7,a7 ,in general ,a ,federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process4 7,b7 ,failure to decide 7i7 ,in general ,if a ,federal jurisdictional agency fails to render a decision required under any ,federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment1 including the issuance or denial of a permit1 license1 statement1 opinion1 or other approval by the date described in clause 7ii71 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 7,i7 or 7,,ii7 and those funds shall be made available to the division of the ,federal jurisdictional agency charged with rendering the decision by not later than #a day after the applicable date under clause 7ii71 and once each week thereafter until a final decision is rendered1 subject to subparagraph 7,c7-- 7,i7 #bj1jjj for any project study requiring the preparation of an environmental assessment or environmental impact statement2 or 7,,ii7 #aj1jjj for any project study requiring any type of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 other than an environmental assessment or environmental impact statement4 7ii7 ,description of date ,the date referred to in clause 7i7 is the later of-- 7,i7 the date that is #ahj days after the date on which an application for the permit1 license1 or approval is complete2 and 7,,ii7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,limitations 7i7 ,in general ,no transfer of funds under subparagraph 7,b7 relating to an individual project study shall exceed1 in any fiscal year1 an amount equal to #a percent of the funds made available for the applicable agency office4 7ii7 ,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 #e percent of the funds made available for the applicable agency office for that fiscal year4 7iii7 ,aggregate ,notwithstanding any other provision of law1 for each fiscal year1 the aggregate amount of financial penalties assessed against each applicable agency office under the ,water ,resources ,reform and ,development ,act of #bjad and any other ,federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review1 including the total amount transferred under this paragraph1 shall not exceed an amount equal to #i4e percent of the funds made available for the agency office for that fiscal year4 7,d7 ,no fault of agency 7i7 ,in general ,a transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph 7,a7 notifies1 with a supporting explanation1 the ,federal lead agency1 cooperating agencies1 and project sponsor1 as applicable1 that-- 7,i7 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 ,federal1 ,state1 or local law2 7,,ii7 significant new information1 including from public comments1 or circumstances1 including a major modification to an aspect of the project1 requires additional analysis for the agency to make a decision on the project application2 or 7,,iii7 the agency lacks the financial resources to complete the review under the scheduled time frame1 including a description of the number of full-time employees required to complete the review1 the amount of funding required to complete the review1 and a justification as to why not enough funding is available to complete the review by the deadline4 7ii7 ,lack of financial resources ,if the agency provides notice under clause 7i77,,iii71 the ,inspector ,general of the agency shall-- 7,i7 conduct a financial audit to review the notice2 and 7,,ii7 not later than #ij days after the date on which the review described in subclause 7,i7 is completed1 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 notice4 7,e7 ,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 agency1 or equivalent office1 to reimburse that office for the loss of the funds4 7,f7 ,effect of paragraph ,nothing in this paragraph affects or limits the application of1 or obligation to comply with1 any ,federal1 ,state1 local1 or tribal law4 7i7 ,memorandum of ,agreements for ,early ,coordination 7#a7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other1 ,state agencies1 and ,indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process1 prevent potential conflicts1 and ensure that planning and project development decisions reflect environmental values2 and 7,b7 the cooperation referred to in subparagraph 7,a7 should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later ,federal action and early consultation with appropriate ,state and local agencies and ,indian tribes4 7#b7 ,technical assistance ,if requested at any time by a ,state or project sponsor1 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process1 shall1 to the maximum extent practicable and appropriate1 as determined by the agencies1 provide technical assistance to the ,state or project sponsor in carrying out early coordination activities4 7#c7 ,memorandum of agency agreement ,if requested at any time by a ,state or project sponsor1 the ,federal lead agency1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the project sponsor1 ,indian tribe1 ,state and local governments1 and other appropriate entities to carry out the early coordination activities1 including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion4 7j7 ,limitations ,nothing in this section preempts or interferes with-- 7#a7 any obligation to comply with the provisions of any ,federal law1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 any other ,federal environmental law2 7#b7 the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state2 7#c7 any requirement for seeking1 considering1 or responding to public comment2 or 7#d7 any power1 jurisdiction1 responsibility1 duty1 or authority that a ,federal1 ,state1 or local governmental agency1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects4 7k7 ,timing of claims 7#a7 ,timing 7,a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of a permit1 license1 or other approval issued by a ,federal agency for a project study shall be barred unless the claim is filed not later than #c years after publication of a notice in the ,federal ,register announcing that the permit1 license1 or other approval is final pursuant to the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law that allows judicial review4 7,b7 ,applicability ,nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit1 license1 or other approval4 7#b7 ,new information 7,a7 ,in general ,the ,secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title #dj1 ,code of ,federal ,regulations 7including successor regulations74 7,b7 ,separate action ,the preparation of a supplemental environmental impact statement or other environmental document1 if required under this section1 shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be #c years after the date of publication of a notice in the ,federal ,register announcing the action relating to such supplemental environmental impact statement or other environmental document4 7l7 ,categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad1 the ,secretary shall-- 7,a7 survey the use by the ,corps of ,engineers of categorical exclusions in projects since #bjje2 7,b7 publish a review of the survey that includes a description of-- 7i7 the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion2 and 7ii7 any requests previously received by the ,secretary for new categorical exclusions2 and 7,c7 solicit requests from other ,federal agencies and project sponsors for new categorical exclusions4 7#b7 ,new categorical exclusions ,not later than #a year after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad1 if the ,secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad based on the review under paragraph 7#a71 the ,secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion1 to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulation74 7m7 ,review of project acceleration reforms 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 assess the reforms carried out under this section2 and 7,b7 not later than #e years and not later than #aj years after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad1 submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes the results of the assessment4 7#b7 ,contents ,the reports under paragraph 7#a7 shall include an evaluation of impacts of the reforms carried out under this section on-- 7,a7 project delivery2 7,b7 compliance with environmental laws2 and 7,c7 the environmental impact of projects4 7n7 ,performance measurement ,the ,secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process4 7o7 ,implementation guidance ,the ,secretary shall prepare1 in consultation with the ,council on ,environmental ,quality and other ,federal agencies with jurisdiction over actions or resources that may be impacted by a project1 guidance documents that describe the coordinated environmental review processes that the ,secretary intends to use to implement this section for the planning of projects1 in accordance with the civil works program of the ,corps of ,engineers and all applicable law4 4 7#b7 ,clerical amendment ,the table of contents contained in section #a7;b7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #ajdb7 is amended by striking the item relating to section #bjde and inserting the following3 ,sec4 #bjde4 ,project acceleration4 4 7b7 ,categorical exclusions in emergencies ,for the repair1 reconstruction1 or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the ,president of a major disaster or emergency pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 the ,secretary shall treat such repair1 reconstruction1 or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 if the repair or reconstruction activity is-- 7#a7 in the same location with the same capacity1 dimensions1 and design as the original water resources project as before the declaration described in this section2 and 7#b7 commenced within a #b-year period beginning on the date of a declaration described in this subsection4 #ajjf4 ,expediting the evaluation and processing of permits ,section #bad of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #cc ,u4,s4,c4 #bbja note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a7 ,in general4--,the ,secretary and inserting the following3 7a7 ,funding to process permits 7#a7 ,definitions ,in this subsection3 7,a7 ,natural gas company ,the term natural gas company has the meaning given the term in section #abfb of the ,public ,utility ,holding ,company ,act of #bjje 7#db ,u4,s4,c4 #afdea71 except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce4 7,b7 ,public-utility company ,the term public-utility company has the meaning given the term in section #abfb of the ,public ,utility ,holding ,company ,act of #bjje 7#db ,u4,s4,c4 #afdea74 7#b7 ,permit processing ,the ,secretary 2 7,b7 in paragraph 7#b7 7as so designated7-- 7i7 by inserting or a public-utility company or natural gas company after non-,federal public entity2 and 7ii7 by inserting or company after that entity2 and 7,c7 by adding at the end the following3 7#c7 ,limitation for public-utility and natural gas companies ,the authority provided under paragraph 7#b7 to a public-utility company or natural gas company shall expire on the date that is #g years after the date of enactment of this paragraph4 7#d7 ,effect on other entities ,to the maximum extent practicable1 the ,secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation 7in the ,corps district in which the project or activity is located7 of permits under the jurisdiction of the ,department of the ,army of other entities that have not contributed funds under this section4 7#e7 ,,gao study ,not later than #d years after the date of enactment of this paragraph1 the ,comptroller ,general of the ,united ,states shall carry out a study of the implementation by the ,secretary of the authority provided under paragraph 7#b7 to public-utility companies and natural gas companies4 2 and 7#b7 by striking subsections 7d7 and 7e7 and inserting the following3 7d7 ,public availability 7#a7 ,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 format1 including on the ,internet1 and in a manner that distinguishes final permit decisions under this section from other final actions of the ,secretary4 7#b7 ,decision document ,the ,secretary shall-- 7,a7 use a standard decision document for evaluating all permits using funds accepted under this section2 and 7,b7 make the standard decision document1 along with all final permit decisions1 available to the public1 including on the ,internet4 7#c7 ,agreements ,the ,secretary shall make all active agreements to accept funds under this section available on a single public ,internet site4 7e7 ,reporting 7#a7 ,in general ,the ,secretary shall prepare an annual report on the implementation of this section1 which1 at a minimum1 shall include for each district of the ,corps of ,engineers that accepts funds under this section-- 7,a7 a comprehensive list of any funds accepted under this section during the previous fiscal year2 7,b7 a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year1 including a description of the size and type of resources impacted and the mitigation required for each permit2 and 7,c7 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 section4 7#b7 ,submission ,not later than #ij days after the end of each fiscal year1 the ,secretary shall-- 7,a7 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 7#a72 and 7,b7 make each report received under subparagraph 7,a7 available on a single publicly accessible ,internet site4 4 #ajjg4 ,expediting approval of modifications and alterations of projects by non-,federal interests 7a7 ,section #ad application defined ,in this section1 the term section #ad application means an application submitted by an applicant to the ,secretary requesting permission for the temporary occupation or use of a public work1 or the alteration or permanent occupation or use of a public work1 under section #ad of the ,act of ,march #c1 #ahii 7commonly known as the ,rivers and ,harbors ,appropriation ,act of #ahii7 7#cc ,u4,s4,c4 #djh74 7b7 ,review ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 after providing notice and an opportunity for comment1 shall establish a process for the review of section #ad applications in a timely and consistent manner4 7c7 ,benchmark goals 7#a7 ,establishment of benchmark goals ,in carrying out subsection 7b71 the ,secretary shall-- 7,a7 establish benchmark goals for determining the amount of time it should take the ,secretary to determine whether a section #ad application is complete2 7,b7 establish benchmark goals for determining the amount of time it should take the ,secretary to approve or disapprove a section #ad application2 and 7,c7 to the extent practicable1 use such benchmark goals to make a decision on section #ad applications in a timely and consistent manner4 7#b7 ,benchmark goals 7,a7 ,benchmark goals for determining whether section #ad applications are complete ,to the extent practicable1 the benchmark goals established under paragraph 7#a7 shall provide that-- 7i7 the ,secretary reach a decision on whether a section #ad application is complete not later than #ae days after the date of receipt of the application2 and 7ii7 if the ,secretary determines that a section #ad application is not complete1 the ,secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application4 7,b7 ,benchmark goals for reviewing completed applications ,to the extent practicable1 the benchmark goals established under paragraph 7#a7 shall provide that-- 7i7 the ,secretary generally approve or disapprove a completed section #ad application not later than #de days after the date of receipt of the completed application2 and 7ii7 in a case in which the ,secretary determines that additional time is needed to review a completed section #ad application due to the type1 size1 cost1 complexity1 or impacts of the actions proposed in the application1 the ,secretary generally approve or disapprove the application not later than #ahj days after the date of receipt of the completed application4 7#c7 ,notice ,in any case in which the ,secretary determines that it will take the ,secretary more than #de days to review a completed section #ad application1 the ,secretary shall-- 7,a7 provide written notification to the applicant2 and 7,b7 include in the written notice a best estimate of the ,secretary as to the amount of time required for completion of the review4 7d7 ,failure ,to achieve benchmark goals ,in any case in which the ,secretary fails make a decision on a section #ad application in accordance with the process established under this section1 the ,secretary shall provide written notice to the applicant1 including a detailed description of-- 7#a7 why the ,secretary failed to make a decision in accordance with such process2 7#b7 the additional actions required before the ,secretary will issue a decision2 and 7#c7 the amount of time the ,secretary will require to issue a decision4 7e7 ,notification 7#a7 ,submission to ,congress ,the ,secretary shall provide a copy of any written notice provided under subsection 7d7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,public availability ,the ,secretary shall maintain a publicly available database1 including on the ,internet1 on-- 7,a7 all section #ad applications received by the ,secretary2 and 7,b7 the current status of such applications4 #ajjh4 ,expediting hydropower at ,corps of ,engineers facilities 7a7 ,policy ,congress declares that it is the policy of the ,united ,states that-- 7#a7 the development of non-,federal hydroelectric power at ,corps of ,engineers civil works projects1 including locks and dams1 shall be given priority2 7#b7 ,corps of ,engineers approval of non-,federal hydroelectric power at ,corps of ,engineers civil works projects1 including permitting required under section #ad of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djh71 shall be completed by the ,corps of ,engineers in a timely and consistent manner2 and 7#c7 approval of hydropower at ,corps of ,engineers civil works projects shall in no way diminish the other priorities and missions of the ,corps of ,engineers1 including authorized project purposes and habitat and environmental protection4 7b7 ,report ,not later than #b years after the date of enactment of this ,act and biennially thereafter1 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 that1 at a minimum1 shall include-- 7#a7 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 projects2 7#b7 a list of all new hydroelectric power activities by non-,federal entities approved at ,corps of ,engineers civil works projects in that fiscal year1 including the length of time the ,secretary needed to approve those activities2 7#c7 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 projects2 7#d7 a description of any benefits or impacts to the environment1 recreation1 or other uses associated with ,corps of ,engineers civil works projects at which non-,federal entities have developed hydroelectric power in the previous fiscal year2 and 7#e7 the total annual amount of payments or other services provided to the ,corps of ,engineers1 the ,treasury1 and any other ,federal agency as a result of approved non-,federal hydropower projects at ,corps of ,engineers civil works projects4 #ajji4 ,enhanced use of electronic commerce in ,federal procurement 7a7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report describing the actions of the ,secretary in carrying out section #bcja of title #da1 ,united ,states ,code1 regarding the use of electronic commerce in ,federal procurement4 7b7 ,contents ,the report submitted under subsection 7a7 shall include1 with respect to the #b fiscal years most recently ended before the fiscal year in which the report is submitted-- 7#a7 an identification of the number1 type1 and dollar value of procurement solicitations with respect to which the public was permitted to respond to the solicitation electronically1 which shall differentiate between solicitations that allowed full or partial electronic submission2 7#b7 an analysis of the information provided under paragraph 7#a7 and actions that could be taken by the ,secretary to refine and improve the use of electronic submission for procurement solicitation responses2 7#c7 an analysis of the potential benefits of and obstacles to full implementation of electronic submission for procurement solicitation responses1 including with respect to cost savings1 error reduction1 paperwork reduction1 increased bidder participation1 and competition1 and expanded use of electronic bid data collection for cost-effective contract management and timely reporting2 and 7#d7 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 sizes4 #ajaj4 ,determination of project completion 7a7 ,in general ,the ,secretary shall notify the applicable non-,federal interest when construction of a water resources project or a functional portion of the project is completed so the non-,federal interest may commence responsibilities1 as applicable1 for operating and maintaining the project4 7b7 ,non-,federal interest appeal of determination 7#a7 ,in general ,not later than #g days after receiving a notification under subsection 7a71 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 project4 7#b7 ,independent review 7,a7 ,in general ,on notification that a non-,federal interest has submitted an appeal under paragraph 7#a71 the ,secretary shall contract with #a or more independent1 non-,federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete4 7,b7 ,timeline ,an independent review carried out under subparagraph 7,a7 shall be completed not later than #ahj days after the date on which the ,secretary receives an appeal from a non-,federal interest under paragraph 7#a74 #ajaa4 ,prioritization 7a7 ,prioritization of hurricane and storm damage risk reduction efforts 7#a7 ,priority ,for authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction1 the ,secretary shall give funding priority to projects and ongoing studies that-- 7,a7 address an imminent threat to life and property2 7,b7 prevent storm surge from inundating populated areas2 7,c7 prevent the loss of coastal wetlands that help reduce the impact of storm surge2 7,d7 protect emergency hurricane evacuation routes or shelters2 7,e7 prevent adverse impacts to publicly owned or funded infrastructure and assets2 7,f7 minimize disaster relief costs to the ,federal ,government2 and 7,g7 address hurricane and storm damage risk reduction in an area for which the ,president declared a major disaster in accordance with section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 7#b7 ,expedited consideration of currently authorized projects ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 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-- 7i7 ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received ,federal funds since #bjji2 and 7ii7 authorized hurricane and storm damage reduction projects that-- 7,i7 have been authorized for more than #bj years but are less than #ge percent complete2 or 7,,ii7 are undergoing a post-authorization change report1 general reevaluation report1 or limited reevaluation report2 7,b7 identify those projects on the list required under subparagraph 7,a7 that meet the criteria described in paragraph 7#a72 and 7,c7 provide a plan for expeditiously completing the projects identified under subparagraph 7,b71 subject to available funding4 7b7 ,prioritization of ecosystem restoration efforts ,for authorized projects with a primary purpose of ecosystem restoration1 the ,secretary shall give funding priority to projects-- 7#a7 that-- 7,a7 address an identified threat to public health1 safety1 or welfare2 7,b7 preserve or restore ecosystems of national significance2 or 7,c7 preserve or restore habitats of importance for federally protected species1 including migratory birds2 and 7#b7 for which the restoration activities will contribute to other ongoing or planned ,federal1 ,state1 or local restoration initiatives4 #ajab4 ,transparency in accounting and administrative expenses 7a7 ,in general ,on the request of a non-,federal interest1 the ,secretary shall provide to the non-,federal interest a detailed accounting of the ,federal expenses associated with a water resources project4 7b7 ,study 7#a7 ,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 account4 7#b7 ,contents ,the study under paragraph 7#a7 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 delivery4 #ajac4 ,evaluation of project ,partnership ,agreements 7a7 ,in general ,the ,secretary shall contract with the ,national ,academy of ,public ,administration to carry out a comprehensive review of the process for preparing1 negotiating1 and approving ,project ,partnership ,agreements and the ,project ,partnership ,agreement template1 which shall include-- 7#a7 an evaluation of the process for preparing1 negotiating1 and approving ,project ,partnership ,agreements1 as in effect on the day before the date of enactment of this ,act1 including suggested modifications to the process provided by non-,federal interests2 and 7#b7 recommendations based on the evaluation under paragraph 7#a7 to improve the ,project ,partnership ,agreement template and the process for preparing1 negotiating1 and approving ,project ,partnership ,agreements4 7b7 ,submission to ,congress 7#a7 ,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 ,representatives4 7#b7 ,report ,not later than #ahj days after the date on which the findings are received under paragraph 7#a71 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 response1 including any recommendations the ,secretary plans to implement1 on the process for preparing1 negotiating1 and approving ,project ,partnership ,agreements and the ,project ,partnership ,agreement template4 #ajad4 ,study and construction of water resources development projects by non-,federal interests 7a7 ,studies ,section #bjc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbca7 is amended to read as follows3 #bjc4 ,study of water resources development projects by non-,federal interests 7a7 ,submission to ,secretary 7#a7 ,in general ,a non-,federal interest may undertake a feasibility study of a proposed water resources development project and submit the study to the ,secretary4 7#b7 ,guidelines ,to assist non-,federal interests1 the ,secretary1 as soon as practicable1 shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies4 7b7 ,review by ,secretary ,the ,secretary shall review each feasibility study received under subsection 7a77#a7 for the purpose of determining whether or not the study1 and the process under which the study was developed1 each comply with ,federal laws and regulations applicable to feasibility studies of water resources development projects4 7c7 ,submission to ,congress ,not later than #ahj days after the date of receipt of a feasibility study of a project under subsection 7a77#a71 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-- 7#a7 the results of the ,secretary's review of the study under subsection 7b71 including a determination of whether the project is feasible2 7#b7 any recommendations the ,secretary may have concerning the plan or design of the project2 and 7#c7 any conditions the ,secretary may require for construction of the project4 7d7 ,credit ,if a project for which a feasibility study has been submitted under subsection 7a77#a7 is authorized by a ,federal law enacted after the date of the submission to ,congress under subsection 7c71 the ,secretary shall credit toward the non-,federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the ,united ,states if the study had been developed by the ,secretary4 4 7b7 ,construction 7#a7 ,in general ,section #bjd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7 is amended to read as follows3 #bjd4 ,construction of water resources development projects by non-,federal interests 7a7 ,water resources development project defined ,in this section1 the term water resources development project means a project recommendation that results from-- 7#a7 a feasibility report1 as such term is defined in section #gjja7;f7 of the ,water ,resources ,reform and ,development ,act of #bjad2 7#b7 a completed feasibility study developed under section #bjc2 or 7#c7 a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by ,congress to be carried out by the ,secretary4 7b7 ,authority 7#a7 ,in general ,a non-,federal interest may carry out a water resources development project1 or separable element thereof-- 7,a7 in accordance with a plan approved by the ,secretary for the project or separable element2 and 7,b7 subject to any conditions that the ,secretary may require1 including any conditions specified under section #bjc7;c77#c74 7#b7 ,conditions ,before carrying out a water resources development project1 or separable element thereof1 under this section1 a non-,federal interest shall-- 7,a7 obtain any permit or approval required in connection with the project or separable element under ,federal or ,state law2 and 7,b7 ensure that a final environmental impact statement or environmental assessment1 as appropriate1 for the project or separable element has been filed4 7c7 ,studies and engineering ,when requested by an appropriate non-,federal interest1 the ,secretary may undertake all necessary studies and engineering for any construction to be undertaken under subsection 7b71 and provide technical assistance in obtaining all necessary permits for the construction1 if the non-,federal interest contracts with the ,secretary to furnish the ,united ,states funds for the studies1 engineering1 or technical assistance in the period during which the studies and engineering are being conducted4 7d7 ,credit or reimbursement 7#a7 ,general rule ,subject to paragraph 7#c71 a project or separable element of a project carried out by a non-,federal interest under this section shall be eligible for credit or reimbursement for the ,federal share of work carried out on a project or separable element of a project if-- 7,a7 before initiation of construction of the project or separable element-- 7i7 the ,secretary approves the plans for construction of the project or separable element of the project by the non-,federal interest2 7ii7 the ,secretary determines1 before approval of the plans1 that the project or separable element of the project is feasible2 and 7iii7 the non-,federal interest enters into a written agreement with the ,secretary under section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b71 including an agreement to pay the non-,federal share1 if any1 of the cost of operation and maintenance of the project2 and 7,b7 the ,secretary determines that all ,federal laws and regulations applicable to the construction of a water resources development project1 and any conditions identified under subsection 7b77#a77;,b71 were complied with by the non-,federal interest during construction of the project or separable element of the project4 7#b7 ,application of ,credit ,the ,secretary may apply credit toward-- 7,a7 the non-,federal share of authorized separable elements of the same project2 or 7,b7 subject to the requirements of this section and section #ajbj of the ,water ,resources ,reform and ,development ,act of #bjad1 at the request of the non-,federal interest1 the non-,federal share of a different water resources development project4 7#c7 ,requirements ,the ,secretary may only apply credit or provide reimbursement under paragraph 7#a7 if-- 7,a7 ,congress has authorized construction of the project or separable element of the project2 and 7,b7 the ,secretary certifies that the project has been constructed in accordance with-- 7i7 all applicable permits or approvals2 and 7ii7 this section4 7#d7 ,monitoring ,the ,secretary shall regularly monitor and audit any water resources development project1 or separable element of a water resources development project1 constructed by a non-,federal interest under this section to ensure that-- 7,a7 the construction is carried out in compliance with the requirements of this section2 and 7,b7 the costs of the construction are reasonable4 7e7 ,notification of committees ,if a non-,federal interest notifies the ,secretary that the non-,federal interest intends to carry out a project1 or separable element thereof1 under this section1 the ,secretary shall provide written notice to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives concerning the intent of the non-,federal interest4 7f7 ,operation and maintenance ,whenever a non-,federal interest carries out improvements to a federally authorized harbor or inland harbor1 the ,secretary shall be responsible for operation and maintenance in accordance with section #aja7;b7 if-- 7#a7 before construction of the improvements-- 7,a7 the ,secretary determines that the improvements are feasible and consistent with the purposes of this title2 and 7,b7 the ,secretary and the non-,federal interest execute a written agreement relating to operation and maintenance of the improvements2 7#b7 the ,secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards2 and 7#c7 the ,secretary does not find that the project or separable element is no longer feasible4 4 7c7 ,repeals ,the following provisions are repealed3 7#a7 ,section #djd of the ,water ,resources ,development ,act of #aiij 7#cc ,u4,s4,c4 #bbcb note2 #ajd ,stat4 #dfdf7 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act4 7#b7 ,section #bjf of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #dbf;i-#a7 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act4 7#c7 ,section #baa of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7 and the item relating to that section in the table of contents contained in section #a7;b7 of that ,act4 7d7 ,savings provision ,nothing in this section may be construed to affect an agreement in effect on the date of enactment of this ,act1 or an agreement that is finalized between the ,corps of ,engineers and a non-,federal interest on or before ,december #ca1 #bjad1 under any of the following sections 7as such sections were in effect on the day before such date of enactment73 7#a7 ,section #bjd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb74 7#b7 ,section #bjf of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #dbf;i-#a74 7#c7 ,section #baa of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac74 #ajae4 ,contributions by non-,federal interests 7a7 ,in general ,section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 is amended-- 7#a7 by inserting and other non-,federal interests after ,states and political subdivisions thereof each place it appears2 7#b7 by inserting 1 including a project for navigation on the inland waterways1 after study or project2 7#c7 by striking ,provided1 ,that when and inserting ,provided1 ,that the ,secretary is authorized to receive and expend funds from a ,state or a political subdivision thereof1 and other non-,federal interests or private entities1 to operate a hurricane barrier project to support recreational activities at or in the vicinity of the project1 at no cost to the ,federal ,government1 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 project3 ,provided further1 ,that when2 and 7#d7 by striking the period at the end and inserting the following3 3 ,provided further1 ,that the term non-,federal interest has the meaning given that term in section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b744 7b7 ,notification for contributed funds ,prior to accepting funds contributed under section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 the ,secretary shall provide written notice of the funds to the ,committee on ,environment and ,public ,works and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives4 7c7 ,technical amendment ,section #aaa7;b7 of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjab 7#abe ,stat4 #heh7 is repealed4 #ajaf4 ,operation and maintenance of certain projects ,the ,secretary may assume responsibility for operation and maintenance in accordance with section #aja7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;b77 7as amended by section #bajb7;b77 for improvements to a federally authorized harbor or inland harbor that are carried out by a non-,federal interest prior to ,december #ca1 #bjad1 if the ,secretary determines that the requirements under paragraphs 7#b7 and 7#c7 of section #bjd7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7;f77 are met4 #ajag4 ,acceptance of contributed funds to increase lock operations 7a7 ,in general ,the ,secretary1 after providing public notice1 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 projects4 7b7 ,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 ,secretary4 7c7 ,public comment ,not later than #ahj days before a proposed modification to the operation of a lock at a water resources development project will be carried out1 the ,secretary shall-- 7#a7 publish the proposed modification in the ,federal ,register2 and 7#b7 accept public comment on the proposed modification4 7d7 ,reports 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 operations4 7#b7 ,review of pilot program ,not later than ,september #cj1 #bjag1 and each year thereafter1 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 section4 7e7 ,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 review4 7f7 ,termination ,the authority to accept funds under this section shall terminate #e years after the date of enactment of this ,act4 #ajah4 ,credit for in-kind contributions 7a7 ,in general ,section #bba7;a77#d7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77 is amended-- 7#a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting or a project under an environmental infrastructure assistance program after law2 7#b7 in subparagraph 7,c7 by striking ,in any case and all that follows through the period at the end and inserting the following3 7i7 ,construction 7,i7 ,in general ,in any case in which the non-,federal interest is to receive credit under subparagraph 7,a7 for the cost of construction carried out by the non-,federal interest before execution of a partnership agreement and that construction has not been carried out as of ,november #h1 #bjjg1 the ,secretary and the non-,federal interest shall enter into an agreement under which the non-,federal interest shall carry out such work and shall do so prior to the non-,federal interest initiating construction or issuing a written notice to proceed for the construction4 7,,ii7 ,eligibility ,construction that is carried out after the execution of an agreement to carry out work described in subclause 7,i7 and any design activities that are required for that construction1 even if the design activity is carried out prior to the execution of the agreement to carry out work1 shall be eligible for credit4 7ii7 ,planning 7,i7 ,in general ,in any case in which the non-,federal interest is to receive credit under subparagraph 7,a7 for the cost of planning carried out by the non-,federal interest before execution of a feasibility cost-sharing agreement1 the ,secretary and the non-,federal interest shall enter into an agreement under which the non-,federal interest shall carry out such work and shall do so prior to the non-,federal interest initiating that planning4 7,,ii7 ,eligibility ,planning that is carried out by the non-,federal interest after the execution of an agreement to carry out work described in subclause 7,i7 shall be eligible for credit4 2 7#c7 in subparagraph 7,d77iii7 by striking sections #aja and #ajc and inserting sections #aja7;a77#b7 and #ajc7;a77#a77;,a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;a77#b72 #cc ,u4,s4,c4 #bbac7;a77#a77;,a772 7#d7 by redesignating subparagraph 7,e7 as subparagraph 7,h72 7#e7 by inserting after subparagraph 7,d7 the following3 7,e7 ,analysis of costs and benefits ,in the evaluation of the costs and benefits of a project1 the ,secretary shall not consider construction carried out by a non-,federal interest under this subsection as part of the future without project condition4 7,f7 ,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 project4 7,g7 ,application of credit 7i7 ,in general ,to the extent that credit for in-kind contributions1 as limited by subparagraph 7,d71 and credit for required land1 easements1 rights-of-way1 dredged material disposal areas1 and relocations provided by the non-,federal interest exceed the non-,federal share of the cost of construction of a project other than a navigation project1 the ,secretary1 subject to the availability of funds1 shall enter into a reimbursement agreement with the non-,federal interest1 which shall be in addition to a partnership agreement under subparagraph 7,a71 to reimburse the difference to the non-,federal interest4 7ii7 ,priority ,if appropriated funds are insufficient to cover the full cost of all requested reimbursement agreements under clause 7i71 the ,secretary shall enter into reimbursement agreements in the order in which requests for such agreements are received4 2 and 7#f7 in subparagraph 7,h7 7as redesignated by paragraph 7#d77-- 7,a7 in clause 7i7 by inserting 1 and to water resources projects authorized prior to the date of enactment of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb71 if correction of design deficiencies is necessary before the period at the end2 and 7,b7 by striking clause 7ii7 and inserting the following3 7ii7 ,authorization as addition to other authorizations ,the authority of the ,secretary to provide credit for in-kind contributions pursuant to this paragraph shall be in addition to any other authorization to provide credit for in-kind contributions and shall not be construed as a limitation on such other authorization4 ,the ,secretary shall apply the provisions of this paragraph1 in lieu of provisions under other crediting authority1 only if so requested by the non-,federal interest4 4 7b7 ,applicability ,section #bjjc7;e7 of the ,water ,resources ,development ,act of #bjjg 7#db ,u4,s4,c4 #aifb;d-#e;b note7 is amended-- 7#a7 by inserting 1 or construction of design deficiency corrections on the project1 after construction on the project2 and 7#b7 by inserting 1 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 share1 after has not been initiated4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 take effect on ,november #h1 #bjjg4 7d7 ,guidelines 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall update any guidance or regulations for carrying out section #bba7;a77#d7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77 7as amended by subsection 7a77 that are in existence on the date of enactment of this ,act or issue new guidelines1 as determined to be appropriate by the ,secretary4 7#b7 ,inclusions ,any guidance1 regulations1 or guidelines updated or issued under paragraph 7#a7 shall include1 at a minimum-- 7,a7 the milestone for executing an in-kind memorandum of understanding for construction by a non-,federal interest2 7,b7 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 7,a7 for that execution2 and 7,c7 criteria and procedures for determining whether work carried out by a non-,federal interest is integral to a project4 7#c7 ,public and stakeholder participation ,before issuing any new or revised guidance1 regulations1 or guidelines or any subsequent updates to those documents1 the ,secretary shall-- 7,a7 consult with affected non-,federal interests2 7,b7 publish the proposed guidelines developed under this subsection in the ,federal ,register2 and 7,c7 provide the public with an opportunity to comment on the proposed guidelines4 7e7 ,other credit ,nothing in section #bba7;a77#d7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77 7as amended by subsection 7a77 affects any eligibility for credit under section #ajd of the ,water ,resources ,development of #aihf 7#cc ,u4,s4,c4 #bbad7 that was approved by the ,secretary prior to the date of enactment of this ,act4 #ajai4 ,clarification of in-kind credit authority 7a7 ,non-,federal cost share ,section #gjjg of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abgg7 is amended-- 7#a7 in subsection 7a71 by inserting 1 on1 or after after before2 7#b7 by striking subsection 7d7 and inserting the following3 7d7 ,treatment of credit between projects ,the value of any land1 easements1 rights-of-way1 relocations1 and dredged material disposal areas and the costs of planning1 design1 and construction work provided by the non-,federal interest that exceed the non-,federal cost share for a study or project under this title may be applied toward the non-,federal cost share for any other study or project carried out under this title4 2 and 7#c7 by adding at the end the following3 7g7 ,definition of study or project ,in this section1 the term study or project includes any eligible activity that is-- 7#a7 carried out pursuant to the coastal ,louisiana ecosystem science and technology program authorized under section #gjjf7;a72 and 7#b7 in accordance with the restoration plan4 4 7b7 ,implementation ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 in coordination with any relevant agencies of the ,state of ,louisiana1 shall establish a process by which to carry out the amendment made by subsection 7a77#b74 7c7 ,effective date ,the amendments made by subsection 7a7 take effect on ,november #h1 #bjjg4 #ajbj4 ,transfer of excess credit 7a7 ,in general ,subject to subsection 7b71 the ,secretary may apply credit for in-kind contributions provided by a non-,federal interest that are in excess of the required non-,federal cost share for a water resources development study or project toward the required non-,federal cost share for a different water resources development study or project4 7b7 ,restrictions 7#a7 ,in general ,except for subsection 7a77#d77;,d77i7 of that section1 the requirements of section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7 7as amended by section #ajah7;a77 shall apply to any credit under this section4 7#b7 ,conditions ,credit in excess of the non-,federal share for a study or project may be approved under this section only if-- 7,a7 the non-,federal interest submits a comprehensive plan to the ,secretary that identifies-- 7i7 the studies and projects for which the non-,federal interest intends to provide in-kind contributions for credit that are in excess of the non-,federal cost share for the study or project2 and 7ii7 the authorized studies and projects to which that excess credit would be applied2 7,b7 the ,secretary approves the comprehensive plan2 and 7,c7 the total amount of credit does not exceed the total non-,federal share for the studies and projects in the approved comprehensive plan4 7c7 ,additional criteria ,in evaluating a request to apply credit in excess of the non-,federal share for a study or project toward a different study or project1 the ,secretary shall consider whether applying that credit will-- 7#a7 help to expedite the completion of a project or group of projects2 7#b7 reduce costs to the ,federal ,government2 and 7#c7 aid the completion of a project that provides significant flood risk reduction or environmental benefits4 7d7 ,termination of authority ,the authority provided in this section shall terminate #aj years after the date of enactment of this ,act4 7e7 ,report 7#a7 ,deadlines 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and once every #b years thereafter1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available an interim report on the use of the authority under this section4 7,b7 ,final report ,not later than #aj years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a final report on the use of the authority under this section4 7#b7 ,inclusions ,the reports described in paragraph 7#a7 shall include-- 7,a7 a description of the use of the authority under this section during the reporting period2 7,b7 an assessment of the impact of the authority under this section on the time required to complete projects2 and 7,c7 an assessment of the impact of the authority under this section on other water resources projects4 #ajba4 ,crediting authority for federally authorized navigation projects ,a non-,federal interest may carry out operation and maintenance activities for an authorized navigation project1 subject to the condition that the non-,federal interest complies with all ,federal laws and regulations applicable to such operation and maintenance activities1 and may receive credit for the costs incurred by the non-,federal interest in carrying out such activities towards the share of construction costs of that non-,federal interest for another element of the same project or another authorized navigation project1 except that in no instance may such credit exceed #bj percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section4 #ajbb4 ,credit in lieu of reimbursement 7a7 ,requests for credits ,with respect to an authorized flood damage reduction project1 or separable element thereof1 that has been constructed by a non-,federal interest under section #baa of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7 before the date of enactment of this ,act1 the ,secretary may provide to the non-,federal interest1 at the request of the non-,federal interest1 a credit in an amount equal to the estimated ,federal share of the cost of the project or separable element1 in lieu of providing to the non-,federal interest a reimbursement in that amount4 7b7 ,application of credits ,at the request of the non-,federal interest1 the ,secretary may apply such credit to the share of the cost of the non-,federal interest of carrying out other flood damage reduction projects or studies4 #ajbc4 ,additional contributions by non-,federal interests ,section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj7 is amended-- 7#a7 by striking ,in order to insure and inserting 7a7 ,in general4--,in order to insure2 and 7#b7 by adding at the end the following3 7b7 ,contributions by non-,federal interests ,notwithstanding subsection 7a71 in accordance with section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 the ,secretary may accept funds from a non-,federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection 7a71 and use such funds to carry out such project1 if the use of such funds does not increase the ,federal share of the cost of such project4 4 #ajbd4 ,authority to accept and use materials and services 7a7 ,in general ,subject to subsection 7b71 the ,secretary is authorized to accept and use materials and services contributed by a non-,federal public entity1 a nonprofit entity1 or a private entity for the purpose of repairing1 restoring1 or replacing a water resources development project that has been damaged or destroyed as a result of an emergency if the ,secretary determines that the acceptance and use of such materials and services is in the public interest4 7b7 ,limitation ,any entity that contributes materials or services under subsection 7a7 shall not be eligible for credit or reimbursement for the value of such materials or services4 7c7 ,report ,not later than #fj days after initiating an activity under this section1 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-- 7#a7 a description of the activities undertaken1 including the costs associated with the activities2 and 7#b7 a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project4 #ajbe4 ,water resources projects on ,federal land 7a7 ,in general ,subject to subsection 7b71 the ,secretary may carry out an authorized water resources development project on ,federal land that is under the administrative jurisdiction of another ,federal agency where the cost of the acquisition of such ,federal land has been paid for by the non-,federal interest for the project4 7b7 ,,mou required ,the ,secretary may carry out a project pursuant to subsection 7a7 only after the non-,federal interest has entered into a memorandum of understanding with the ,federal agency that includes such terms and conditions as the ,secretary determines to be necessary4 7c7 ,applicability ,nothing in this section alters any non-,federal cost-sharing requirements for the project4 #ajbf4 ,clarification of impacts to other ,federal facilities ,in any case where the modification or construction of a water resources development project carried out by the ,secretary adversely impacts other ,federal facilities1 the ,secretary may accept from other ,federal agencies such funds as may be necessary to address the adverse impact1 including by removing1 relocating1 or reconstructing those facilities4 #ajbg4 ,clarification of munition disposal authorities 7a7 ,in general ,the ,secretary may implement any response action the ,secretary determines to be necessary at a site where-- 7#a7 the ,secretary has carried out a project under civil works authority of the ,secretary that includes placing sand on a beach2 and 7#b7 as a result of the project described in paragraph 7#a71 military munitions that were originally released as a result of ,department of ,defense activities are deposited on the beach1 posing a threat to human health or the environment4 7b7 ,response action funding ,a response action described in subsection 7a7 shall be funded from amounts made available to the agency within the ,department of ,defense responsible for the original release of the munitions4 #ajbh4 ,clarification of mitigation authority 7a7 ,in general ,the ,secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the ,secretary that includes a fish hatchery if the ,secretary-- 7#a7 has been explicitly authorized to compensate for fish losses associated with the project2 and 7#b7 determines that the measures are-- 7,a7 feasible2 7,b7 consistent with authorized project purposes and the fish hatchery2 and 7,c7 in the public interest4 7b7 ,cost sharing 7#a7 ,in general ,subject to paragraph 7#b71 the non-,federal interest shall contribute #ce percent of the total cost of carrying out activities under this section1 including the costs relating to the provision or acquisition of required land1 easements1 rights-of-way1 dredged material disposal areas1 and relocations4 7#b7 ,operation and maintenance ,the non-,federal interest shall contribute #ajj percent of the costs of operation1 maintenance1 replacement1 repair1 and rehabilitation of the measures carried out under this section4 #ajbi4 ,clarification of interagency support authorities ,section #bcd of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbc;a7 is amended-- 7#a7 in subsection 7a71 by striking other ,federal agencies1 and inserting ,federal departments or agencies1 nongovernmental organizations12 7#b7 in subsection 7b71 by inserting or foreign governments after organizations2 7#c7 in subsection 7c71 by inserting and restoration after protection2 and 7#d7 in subsection 7d7-- 7,a7 in the first sentence1 by striking ,there is and inserting 7#a7 ,in general4--,there is2 and 7,b7 in the second sentence-- 7i7 by striking ,the ,secretary and inserting 7#b7 ,acceptance of funds4--,the ,secretary2 and 7ii7 by striking other ,federal agencies1 and inserting ,federal departments or agencies1 nongovernmental organizations14 #ajcj4 ,continuing authority 7a7 ,continuing authority programs 7#a7 ,definition of continuing authority program project ,in this subsection1 the term continuing authority program means #a of the following authorities3 7,a7 ,section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 7,b7 ,section #aaa of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i74 7,c7 ,section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj74 7,d7 ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 7,e7 ,section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg74 7,f7 ,section #c of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g74 7,g7 ,section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar74 7,h7 ,section #ajc of the ,river and ,harbor ,act of #aifb 7,public ,law #hg-hgd2 #gf ,stat4 #aagh74 7,i7 ,section #bjd7;e7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7;e774 7,j7 ,section #bjh of the ,flood ,control ,act of #aieh 7#cc ,u4,s4,c4 #gja;b-#h;a74 7,k7 ,section #ajd7;a7 of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7;a774 7#b7 ,prioritization ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register and on a publicly available website1 the criteria the ,secretary uses for prioritizing annual funding for continuing authority program projects4 7#c7 ,annual report ,not later than #a year after the date of enactment of this ,act and each year thereafter1 the ,secretary shall publish in the ,federal ,register and on a publicly available website1 a report on the status of each continuing authority program1 which1 at a minimum1 shall include-- 7,a7 the name and a short description of each active continuing authority program project2 7,b7 the cost estimate to complete each active project2 and 7,c7 the funding available in that fiscal year for each continuing authority program4 7#d7 ,congressional notification ,on publication in the ,federal ,register under paragraphs 7#b7 and 7#c71 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 paragraphs4 7b7 ,small river and harbor improvement projects ,section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg7 is amended-- 7#a7 in subsection 7a71 by striking #ce1jjj1jjj and inserting #ej1jjj1jjj2 and 7#b7 in subsection 7b71 by striking #g1jjj1jjj and inserting #aj1jjj1jjj4 7c7 ,shore damage prevention or mitigation ,section #aaa7;c7 of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i7c77 is amended by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 7d7 ,regional sediment management 7#a7 ,in general ,section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7 is amended-- 7,a7 in subsection 7c77#a77;,c71 by striking #e1jjj1jjj and inserting #aj1jjj1jjj2 and 7,b7 in subsection 7g71 by striking #cj1jjj1jjj and inserting #ej1jjj1jjj4 7#b7 ,applicability ,section #bjcg of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #ajid7 is amended by adding at the end the following3 7c7 ,applicability ,the amendment made by subsection 7a7 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 ,act4 4 7e7 ,small flood control projects ,section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas7 is amended in the third sentence by striking #g1jjj1jjj and inserting #aj1jjj1jjj4 7f7 ,project modifications for improvement of environment ,section #aace7;d7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a7d77 is amended-- 7#a7 in the second sentence1 by striking ,not more than #hj percent of the non-,federal share may be and inserting ,the non-,federal share may be provided2 and 7#b7 in the third sentence1 by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 7g7 ,aquatic ecosystem restoration ,section #bjf7;d7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7;d77 is amended by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 7h7 ,floodplain management services ,section #bjf7;d7 of the ,flood ,control ,act of #aifj 7#cc ,u4,s4,c4 #gji;a7d77 is amended by striking #ae1jjj1jjj and inserting #ej1jjj1jjj4 7i7 ,emergency streambank and shoreline protection ,section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar7 is amended-- 7#a7 by striking #ae1jjj1jjj and inserting #bj1jjj1jjj2 and 7#b7 by striking #a1ejj1jjj and inserting #e1jjj1jjj4 #ajca4 ,tribal partnership program 7a7 ,in general ,section #bjc of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bbfi7 is amended-- 7#a7 in subsection 7d77#a77;,b7-- 7,a7 by striking ,the ability and inserting the following3 7i7 ,in general ,the ability 2 and 7,b7 by adding at the end the following3 7ii7 ,determination ,not later than #ahj days after the date of enactment of this clause1 the ,secretary shall issue guidance on the procedures described in clause 7i74 2 and 7#b7 by striking subsection 7e7 and inserting the following3 7e7 ,restrictions ,the ,secretary is authorized to carry out activities under this section for fiscal years #bjae through #bjbd4 4 7b7 ,cooperative agreements with ,indian tribes ,the ,secretary may enter into a cooperative agreement with an ,indian tribe 7or a designated representative of an ,indian tribe7 to carry out authorized activities of the ,corps of ,engineers to protect fish1 wildlife1 water quality1 and cultural resources4 #ajcb4 ,territories of the ,united ,states ,section #aaef of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcaj7 is amended-- 7#a7 by striking ,the ,secretary shall waive and inserting 7a7 ,in general4--,the ,secretary shall waive2 7#b7 in subsection 7a7 7as so designated71 by inserting ,puerto ,rico1 before and the ,trust ,territory of the ,pacific ,islands2 and 7#c7 by adding at the end the following3 7b7 ,inflation adjustment ,the ,secretary shall adjust the dollar amount specified in subsection 7a7 for inflation for the period beginning on ,november #ag1 #aihf1 and ending on the date of enactment of this subsection4 4 #ajcc4 ,corrosion prevention 7a7 ,in general ,to the greatest extent practicable1 the ,secretary shall encourage and incorporate corrosion prevention activities at water resources development projects4 7b7 ,activities ,in carrying out subsection 7a71 the ,secretary1 to the greatest extent practicable1 shall ensure that contractors performing work for water resources development projects-- 7#a7 use best practices to carry out corrosion prevention activities in the field2 7#b7 use industry-recognized standards and corrosion mitigation and prevention methods when-- 7,a7 determining protective coatings2 7,b7 selecting materials2 and 7,c7 determining methods of cathodic protection1 design1 and engineering for corrosion prevention2 7#c7 use certified coating application specialists and cathodic protection technicians and engineers2 7#d7 use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials2 7#e7 demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards2 and 7#f7 demonstrate a history of compliance with applicable requirements of the ,occupational ,safety and ,health ,administration4 7c7 ,corrosion prevention activities defined ,in this section1 the term corrosion prevention activities means-- 7#a7 the application and inspection of protective coatings for complex work involving steel and cementitious structures1 including structures that will be exposed in immersion2 7#b7 the installation1 testing1 and inspection of cathodic protection systems2 and 7#c7 any other activities related to corrosion prevention the ,secretary determines appropriate4 #ajcd4 ,advanced modeling technologies 7a7 ,in general ,to the greatest extent practicable1 the ,secretary shall encourage and incorporate advanced modeling technologies1 including #c-;dimensional digital modeling1 that can expedite project delivery or improve the evaluation of water resources development projects that receive ,federal funding by-- 7#a7 accelerating and improving the environmental review process2 7#b7 increasing effective public participation2 7#c7 enhancing the detail and accuracy of project designs2 7#d7 increasing safety2 7#e7 accelerating construction and reducing construction costs2 or 7#f7 otherwise achieving the purposes described in paragraphs 7#a7 through 7#e74 7b7 ,activities ,in carrying out subsection 7a71 the ,secretary1 to the greatest extent practicable1 shall-- 7#a7 compile information related to advanced modeling technologies1 including industry best practices with respect to the use of the technologies2 7#b7 disseminate to non-,federal interests the information described in paragraph 7#a72 and 7#c7 promote the use of advanced modeling technologies4 #ajce4 ,recreational access 7a7 ,definition of floating cabin ,in this section1 the term floating cabin means a vessel 7as defined in section #c of title #a1 ,united ,states ,code7 that has overnight accommodations4 7b7 ,recreational access ,the ,secretary shall allow the use of a floating cabin on waters under the jurisdiction of the ,secretary in the ,cumberland ,river basin if-- 7#a7 the floating cabin-- 7,a7 is in compliance with regulations for recreational vessels issued under chapter #dc of title #df1 ,united ,states ,code1 and section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb72 7,b7 is located at a marina leased by the ,corps of ,engineers2 and 7,c7 is maintained by the owner to required health and safety standards2 and 7#b7 the ,secretary has authorized the use of recreational vessels on such waters4 #ajcf4 ,non-,federal plans to provide additional flood risk reduction 7a7 ,in general ,if requested by a non-,federal interest1 the ,secretary shall carry out a locally preferred plan that provides a higher level of protection than a flood risk management project authorized under this ,act if the ,secretary determines that-- 7#a7 the plan is technically feasible and environmentally acceptable2 and 7#b7 the benefits of the plan exceed the costs of the plan4 7b7 ,non-,federal cost share ,if the ,secretary carries out a locally preferred plan under subsection 7a71 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 plan4 #ajcg4 ,hurricane and storm damage reduction 7a7 ,in general ,section #aef of the ,water ,resources ,development ,act of #aigf 7#db ,u4,s4,c4 #aifb;d-#e;f7 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7b7 ,review ,notwithstanding subsection 7a71 the ,secretary shall1 at the request of the non-,federal interest1 carry out a study to determine the feasibility of extending the period of nourishment described in subsection 7a7 for a period not to exceed #ae additional years beyond the maximum period described in subsection 7a74 7c7 ,plan for reducing risk to people and property 7#a7 ,in general ,as part of the review described in subsection 7b71 the non-,federal interest shall submit to the ,secretary a plan for reducing risk to people and property during the life of the project4 7#b7 ,inclusion of plan in recommendation to congress ,the ,secretary shall include the plan described in subsection 7a7 in the recommendations to ,congress described in subsection 7d74 7d7 ,report to congress ,upon completion of the review described in subsection 7b71 the ,secretary shall-- 7#a7 submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives any recommendations of the ,secretary related to the review2 and 7#b7 include in the subsequent annual report to ,congress required under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad1 any recommendations that require specific congressional authorization4 7e7 ,special rule ,notwithstanding any other provision of this section1 for any existing authorized water resources development project for which the maximum period for nourishment described in subsection 7a7 will expire within the #e year-period beginning on the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad1 that project shall remain eligible for nourishment for an additional #c years after the expiration of such period4 4 7b7 ,review of authorized periodic nourishment authority 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 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 #aef of the ,water ,resources ,development ,act of #aigf 7#db ,u4,s4,c4 #aifb;d-#e;f74 7#b7 ,scope of review ,in carrying out the review under paragraph 7#a71 the ,secretary shall assess the ,federal costs associated with that nourishment authority and the projected benefits of each project4 7#c7 ,report to congress ,upon completion of the review under paragraph 7#a71 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 review1 including any proposed changes the ,secretary may recommend to the nourishment authority4 #ajch4 ,reduction of ,federal costs for hurricane and storm damage reduction projects ,section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7 7as amended by section #ajcj7;d77#a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting or used in after obtained through2 7,b7 in paragraph 7#c77;,c71 by inserting for the purposes of improving environmental conditions in marsh and littoral systems1 stabilizing stream channels1 enhancing shorelines1 and supporting ,state and local risk management adaptation strategies before the period at the end2 and 7,c7 by adding at the end the following3 7#d7 ,reducing costs ,to reduce or avoid ,federal costs1 the ,secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system4 2 7#b7 in subsection 7d7-- 7,a7 by striking the subsection designation and heading and inserting the following3 7d7 ,selection of ,dredged ,material ,disposal ,method for ,purposes ,related to ,environmental ,restoration or ,storm ,damage and ,flood ,reduction 2 and 7,b7 in paragraph 7#a71 by striking in relation to and all that follows through the period at the end and inserting 8in relation to-- 7,a7 the environmental benefits1 including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion2 or 7,b7 the flood and storm damage and flood reduction benefits1 including shoreline protection1 protection against loss of life1 and damage to improved property4 2 and 7#c7 in subsection 7e71 by striking paragraph 7#a7 and inserting the following3 7#a7 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 ,states2 4 #ajci4 ,invasive species 7a7 ,aquatic species review 7#a7 ,review of authorities ,the ,secretary1 in consultation with the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,chairman of the ,tennessee ,valley ,authority1 and other applicable heads of ,federal agencies1 shall-- 7,a7 carry out a review of existing ,federal authorities relating to responding to invasive species1 including aquatic weeds1 aquatic snails1 and other aquatic invasive species1 that have an impact on water resources2 and 7,b7 based on the review under subparagraph 7,a71 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 species4 7#b7 ,federal investment 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the ,federal costs of1 and spending on1 aquatic invasive species4 7,b7 ,contents ,the assessment conducted under subparagraph 7,a7 shall include-- 7i7 identification of current ,federal spending on1 and projected future ,federal costs of1 operation and maintenance related to mitigating the impacts of aquatic invasive species on federally owned or operated facilities2 7ii7 identification of current ,federal spending on aquatic invasive species prevention2 7iii7 analysis of whether spending identified in clause 7ii7 is adequate for the maintenance and protection of services provided by federally owned or operated facilities1 based on the current spending and projected future costs identified in clause 7i72 and 7iv7 review of any other aspect of aquatic invasive species prevention or mitigation determined appropriate by the ,comptroller ,general4 7,c7 ,findings ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,environment and ,public ,works and the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,natural ,resources of the ,house of ,representatives a report containing the findings of the assessment conducted under subparagraph 7,a74 7b7 ,aquatic invasive species prevention 7#a7 ,multiagency effort ,to slow the spread of ,asian ,carp in the ,upper ,mississippi and ,ohio ,river basins and tributaries 7,a7 ,in general ,the ,director of the ,united ,states ,fish and ,wildlife ,service1 in coordination with the ,secretary1 the ,director of the ,national ,park ,service1 and the ,director of the ,united ,states ,geological ,survey1 shall lead a multiagency effort to slow the spread of ,asian carp in the ,upper ,mississippi and ,ohio ,river basins and tributaries by providing technical assistance1 coordination1 best practices1 and support to ,state and local governments in carrying out activities designed to slow1 and eventually eliminate1 the threat posed by ,asian carp4 7,b7 ,best practices ,to the maximum extent practicable1 the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the ,asian ,carp ,working ,group entitled ,management and ,control ,plan for ,bighead1 ,black1 ,grass1 and ,silver ,carps in the ,united ,states and dated ,november #bjjg1 and the document prepared by the ,asian ,carp ,regional ,coordinating ,committee entitled ,,fy #bjab ,asian ,carp ,control ,strategy ,framework and dated ,february #bjab4 7#b7 ,report to ,congress 7,a7 ,in general ,not later than ,december #ca of each year1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 in coordination with the ,secretary1 shall submit to the ,committee on ,appropriations and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,appropriations1 the ,committee on ,natural ,resources1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report describing the coordinated strategies established and progress made toward the goals of controlling and eliminating ,asian carp in the ,upper ,mississippi and ,ohio ,river basins and tributaries4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include-- 7i7 any observed changes in the range of ,asian carp in the ,upper ,mississippi and ,ohio ,river basins and tributaries during the #b-year period preceding submission of the report2 7ii7 a summary of ,federal agency efforts1 including cooperative efforts with non-,federal partners1 to control the spread of ,asian carp in the ,upper ,mississippi and ,ohio ,river basins and tributaries2 7iii7 any research that the ,director determines could improve the ability to control the spread of ,asian carp2 7iv7 any quantitative measures that the ,director intends to use to document progress in controlling the spread of ,asian carp2 and 7v7 a cross-cut accounting of ,federal and non-,federal expenditures to control the spread of ,asian carp4 7c7 ,prevention1 ,great ,lakes and ,mississippi ,river ,basin 7#a7 ,in general ,the ,secretary is authorized to implement measures recommended in the efficacy study authorized under section #cjfa of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #aaba7 or in interim reports1 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 ,basin4 7#b7 ,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 subsection4 7d7 ,prevention and management ,section #ajd of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the first sentence1 by striking ,there is and inserting the following3 7#a7 ,in general ,there is 2 7,b7 in the second sentence1 by striking ,local and inserting the following3 7#b7 ,local interests ,local 2 7,c7 in the third sentence1 by striking ,costs and inserting the following3 7#c7 ,federal costs ,costs 2 and 7,d7 in paragraph 7#a7 7as designated by subparagraph 7,a77-- 7i7 by striking control and progressive1 and inserting prevention1 control1 and progressive2 and 7ii7 by inserting and aquatic invasive species after noxious aquatic plant growths2 7#b7 in subsection 7b71 in the first sentence1 by striking #ae1jjj1jjj annually and inserting #dj1jjj1jjj1 of which #bj1jjj1jjj shall be made available to implement subsection 7d71 annually2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,watercraft inspection stations 7#a7 ,in general ,in carrying out this section1 the ,secretary may establish watercraft inspection stations in the ,columbia ,river ,basin to be located in the ,states of ,idaho1 ,montana1 ,oregon1 and ,washington at locations1 as determined by the ,secretary1 with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the ,secretary4 7#b7 ,cost share ,the non-,federal share of the cost of constructing1 operating1 and maintaining watercraft inspection stations described in paragraph 7#a7 7including personnel costs7 shall be-- 7,a7 #ej percent2 and 7,b7 provided by the ,state or local governmental entity in which such inspection station is located4 7#c7 ,coordination ,in carrying out this subsection1 the ,secretary shall consult and coordinate with-- 7,a7 the ,states described in paragraph 7#a72 7,b7 ,indian tribes2 and 7,c7 other ,federal agencies1 including-- 7i7 the ,department of ,agriculture2 7ii7 the ,department of ,energy2 7iii7 the ,department of ,homeland ,security2 7iv7 the ,department of ,commerce2 and 7v7 the ,department of the ,interior4 7e7 ,monitoring and contingency planning ,in carrying out this section1 the ,secretary may-- 7#a7 carry out risk assessments of water resources facilities2 7#b7 monitor for aquatic invasive species2 7#c7 establish watershed-wide plans for expedited response to an infestation of aquatic invasive species2 and 7#d7 monitor water quality1 including sediment cores and fish tissue samples4 4 #ajdj4 ,fish and wildlife mitigation 7a7 ,in general ,section #ijf of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhc7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence-- 7,i7 by inserting for damages to ecological resources1 including terrestrial and aquatic resources1 and after mitigate2 7,,ii7 by inserting ecological resources and after impact on2 and 7,,iii7 by inserting without the implementation of mitigation measures before the period2 and 7ii7 by inserting before the last sentence the following3 ,if the ,secretary determines that mitigation to in-kind conditions is not possible1 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 #cjg7;a77#a7 of the ,water ,resources ,development ,act of #aiij 7#cc ,u4,s4,c4 #bcag7;a77#a7742 7,b7 in paragraph 7#b7-- 7i7 in the heading1 by striking ,design and inserting ,selection and design2 7ii7 by inserting select and after shall2 and 7iii7 by inserting using a watershed approach after projects2 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting 1 at a minimum1 after complies with2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7iii72 7,,ii7 by redesignating clauses 7iv7 and 7v7 as clauses 7v7 and 7vi71 respectively2 and 7,,iii7 by inserting after clause 7ii7 the following3 7iii7 for projects where mitigation will be carried out by the ,secretary-- 7,i7 a description of the land and interest in land to be acquired for the mitigation plan2 7,,ii7 the basis for a determination that the land and interests are available for acquisition2 and 7,,iii7 a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project2 7iv7 for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection 7i7-- 7,i7 a description of the third party mitigation instrument to be used2 and 7,,ii7 the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project2 2 and 7#b7 by adding at the end the following3 7h7 ,programmatic mitigation plans 7#a7 ,in general ,the ,secretary may develop programmatic mitigation plans to address the potential impacts to ecological resources1 fish1 and wildlife associated with existing or future ,federal water resources development projects4 7#b7 ,use of mitigation plans ,the ,secretary shall1 to the maximum extent practicable1 use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection 7d74 7#c7 ,non-,federal plans ,the ,secretary shall1 to the maximum extent practicable and subject to all conditions of this subsection1 use programmatic environmental plans developed by a ,state1 a body politic of the ,state1 which derives its powers from a ,state constitution1 a government entity created by ,state legislation1 or a local government1 that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects4 7#d7 ,scope ,a programmatic mitigation plan developed by the ,secretary or an entity described in paragraph 7#c7 to address potential impacts of existing or future water resources development projects shall1 to the maximum extent practicable-- 7,a7 be developed on a regional1 ecosystem1 watershed1 or statewide scale2 7,b7 include specific goals for aquatic resource and fish and wildlife habitat restoration1 establishment1 enhancement1 or preservation2 7,c7 identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration2 7,d7 encompass multiple environmental resources within a defined geographical area or focus on a specific resource1 such as aquatic resources or wildlife habitat2 and 7,e7 address impacts from all projects in a defined geographical area or focus on a specific type of project4 7#e7 ,consultation ,the scope of the plan shall be determined by the ,secretary or an entity described in paragraph 7#c71 as appropriate1 in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan4 7#f7 ,contents ,a programmatic environmental mitigation plan may include-- 7,a7 an assessment of the condition of environmental resources in the geographical area covered by the plan1 including an assessment of recent trends and any potential threats to those resources2 7,b7 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 projects2 7,c7 standard measures for mitigating certain types of impacts2 7,d7 parameters for determining appropriate mitigation for certain types of impacts1 such as mitigation ratios or criteria for determining appropriate mitigation sites2 7,e7 adaptive management procedures1 such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring2 7,f7 acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources2 and 7,g7 any offsetting benefits of self-mitigating projects1 such as ecosystem or resource restoration and protection4 7#g7 ,process ,before adopting a programmatic environmental mitigation plan for use under this subsection1 the ,secretary shall-- 7,a7 for a plan developed by the ,secretary-- 7i7 make a draft of the plan available for review and comment by applicable environmental resource agencies and the public2 and 7ii7 consider any comments received from those agencies and the public on the draft plan2 and 7,b7 for a plan developed under paragraph 7#c71 determine1 not later than #ahj days after receiving the plan1 whether the plan meets the requirements of paragraphs 7#d7 through 7#f7 and was made available for public comment4 7#h7 ,integration with other plans ,a programmatic environmental mitigation plan may be integrated with other plans1 including watershed plans1 ecosystem plans1 species recovery plans1 growth management plans1 and land use plans4 7#i7 ,consideration in project development and permitting ,if a programmatic environmental mitigation plan has been developed under this subsection1 any ,federal agency responsible for environmental reviews1 permits1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#aj7 ,preservation of existing authorities ,nothing in this subsection limits the use of programmatic approaches to reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#aa7 ,mitigation for existing projects ,nothing in this subsection requires the ,secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated4 7i7 ,third-party mitigation arrangements 7#a7 ,eligible activities ,in accordance with all applicable ,federal laws 7including regulations71 mitigation efforts carried out under this section may include-- 7,a7 participation in mitigation banking or other third-party mitigation arrangements1 such as-- 7i7 the purchase of credits from commercial or ,state1 regional1 or local agency-sponsored mitigation banks2 and 7ii7 the purchase of credits from in-lieu fee mitigation programs2 and 7,b7 contributions to statewide and regional efforts to conserve1 restore1 enhance1 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 #cjg7;a77#a7 of the ,water ,resources ,development ,act of #aiij 7#cc ,u4,s4,c4 #bcag7;a77#a77 will be met4 7#b7 ,inclusion of other activities ,the banks1 programs1 and efforts described in paragraph 7#a7 include any banks1 programs1 and efforts developed in accordance with applicable law 7including regulations74 7#c7 ,terms and conditions ,in carrying out natural habitat and wetlands mitigation efforts under this section1 contributions to the mitigation effort may-- 7,a7 take place concurrent with1 or in advance of1 the commitment of funding to a project2 and 7,b7 occur in advance of project construction only if the efforts are consistent with all applicable requirements of ,federal law 7including regulations7 and water resources development planning processes4 7#d7 ,preference ,at the request of the non-,federal project sponsor1 preference may be given1 to the maximum extent practicable1 to mitigating an environmental impact through the use of a mitigation bank1 in-lieu fee1 or other third-party mitigation arrangement1 if the use of credits from the mitigation bank or in-lieu fee1 or the other third-party mitigation arrangement for the project has been approved by the applicable ,federal agency4 4 7b7 ,application ,the amendments made by subsection 7a7 shall not apply to a project for which a mitigation plan has been completed as of the date of enactment of this ,act4 7c7 ,technical assistance 7#a7 ,in general ,the ,secretary may provide technical assistance to ,states and local governments to establish third-party mitigation instruments1 including mitigation banks and in-lieu fee programs1 that will help to target mitigation payments to high-priority ecosystem restoration actions4 7#b7 ,requirements ,in providing technical assistance under this subsection1 the ,secretary shall give priority to ,states and local governments that have developed ,state1 regional1 or watershed-based plans identifying priority restoration actions4 7#c7 ,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 7#b74 #ajda4 ,mitigation status report ,section #bjcf7;b7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bbhc;a7 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,information included ,in reporting the status of all projects included in the report1 the ,secretary shall-- 7,a7 use a uniform methodology for determining the status of all projects included in the report2 7,b7 use a methodology that describes both a qualitative and quantitative status for all projects in the report2 and 7,c7 provide specific dates for participation in the consultations required under section #ijf7;d77#d77;,b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhc7;d77#d77;,b774 4 #ajdb4 ,reports to ,congress 7a7 ,in general ,subject to the availability of appropriations1 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 7b74 7b7 ,reports ,the reports referred to in subsection 7a7 are the reports required under-- 7#a7 subparagraphs 7,a7 and 7,b7 of section #ajdc7;a77#e72 7#b7 section #ajdf7;a77#b77;,b72 7#c7 section #baj7;e77#c7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;e77#c77 7as amended by section #bajb7;a772 and 7#d7 section #gjja4 7c7 ,failure ,to provide a completed report 7#a7 ,in general ,subject to subsection 7d71 if the ,secretary fails to provide a report listed under subsection 7b7 by the date that is #ahj days after the applicable date required for that report1 #e1jjj 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 report4 7#b7 ,subsequent reprogramming ,subject to subsection 7d71 for each additional week after the date described in paragraph 7#a7 in which a report described in that paragraph remains uncompleted and unsubmitted to ,congress1 #e1jjj 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 report4 7d7 ,limitations 7#a7 ,in general ,for each report1 the total amounts reprogrammed under subsection 7c7 shall not exceed1 in any fiscal year1 #ej1jjj4 7#b7 ,aggregate limitation ,the total amount reprogrammed under subsection 7c7 in a fiscal year shall not exceed #bjj1jjj4 7e7 ,no fault of the secretary ,amounts shall not be reprogrammed under subsection 7c7 if the ,secretary certifies in a letter to the applicable committees of ,congress that-- 7#a7 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 report2 7#b7 amounts have not been appropriated to the agency under this ,act or any other ,act to carry out the report2 or 7#c7 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 deadline4 7f7 ,limitation ,the ,secretary shall not reprogram funds to the ,general ,expenses account of the civil works program of the ,corps of ,engineers for the loss of the funds4 #ajdc4 ,non-,federal implementation pilot program 7a7 ,non-,federal implementation of feasibility studies 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 management1 hurricane and storm damage reduction1 aquatic ecosystem restoration1 and coastal harbor and channel and inland navigation4 7#b7 ,purposes ,the purposes of the pilot program are-- 7,a7 to identify project delivery and cost-saving alternatives to the existing feasibility study process2 7,b7 to evaluate the technical1 financial1 and organizational efficiencies of a non-,federal interest carrying out a feasibility study of #a or more projects2 and 7,c7 to evaluate alternatives for the decentralization of the project planning1 management1 and operational decisionmaking process of the ,corps of ,engineers4 7#c7 ,administration 7,a7 ,in general ,on the request of a non-,federal interest1 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-- 7i7 flood risk management2 7ii7 hurricane and storm damage reduction1 including levees1 floodwalls1 flood control channels1 and water control structures2 7iii7 coastal harbor and channel and inland navigation2 and 7iv7 aquatic ecosystem restoration4 7,b7 ,use of non-,federal funds 7i7 ,in general ,a non-,federal interest that has entered into an agreement with the ,secretary pursuant to subparagraph 7,a7 may use non-,federal funds to carry out the feasibility study4 7ii7 ,credit ,the ,secretary shall credit towards the non-,federal share of the cost of construction of a project for which a feasibility study is carried out under this subsection an amount equal to the portion of the cost of developing the study that would have been the responsibility of the ,secretary1 if the study were carried out by the ,secretary1 subject to the conditions that-- 7,i7 non-,federal funds were used to carry out the activities that would have been the responsibility of the ,secretary2 7,,ii7 the ,secretary determines that the feasibility study complies with all applicable ,federal laws and regulations2 and 7,,iii7 the project is authorized by any provision of ,federal law enacted after the date on which an agreement is entered into under subparagraph 7,a74 7,c7 ,transfer of funds 7i7 ,in general ,after the date on which an agreement is executed pursuant to subparagraph 7,a71 the ,secretary may transfer to the non-,federal interest to carry out the feasibility study-- 7,i7 if applicable1 the balance of any unobligated amounts appropriated for the study1 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 program2 and 7,,ii7 additional amounts1 as determined by the ,secretary1 from amounts made available under paragraph 7#h71 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 study4 7ii7 ,administration ,the ,secretary shall include such provisions as the ,secretary determines to be necessary in an agreement under subparagraph 7,a7 to ensure that a non-,federal interest receiving ,federal funds under this paragraph-- 7,i7 has the necessary qualifications to administer those funds2 and 7,,ii7 will comply with all applicable ,federal laws 7including regulations7 relating to the use of those funds4 7,d7 ,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 program4 7,e7 ,auditing ,the ,secretary shall regularly monitor and audit each feasibility study carried out by a non-,federal interest under this section to ensure that the use of any funds transferred under subparagraph 7,c7 are used in compliance with the agreement signed under subparagraph 7,a74 7,f7 ,technical assistance ,on the request of a non-,federal interest1 the ,secretary may provide technical assistance to the non-,federal interest relating to any aspect of the feasibility study1 if the non-,federal interest contracts with the ,secretary for the technical assistance and compensates the ,secretary for the technical assistance4 7,g7 ,detailed project schedule ,not later than #ahj days after entering into an agreement under subparagraph 7,a71 each non-,federal interest1 to the maximum extent practicable1 shall submit to the ,secretary a detailed project schedule1 based on full funding capability1 that lists all deadlines for milestones relating to the feasibility study4 7#d7 ,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 subsection4 7#e7 ,report 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report detailing the results of the pilot program carried out under this section1 including-- 7i7 a description of the progress of the non-,federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph 7#c77;,g72 and 7ii7 any recommendations of the ,secretary concerning whether the program or any component of the program should be implemented on a national basis4 7,b7 ,update ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an update of the report described in subparagraph 7,a74 7,c7 ,failure to meet deadline ,if the ,secretary fails to submit a report by the required deadline under this paragraph1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report4 7#f7 ,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 subsection4 7#g7 ,termination of authority ,the authority to commence a feasibility study under this subsection terminates on the date that is #e years after the date of enactment of this ,act4 7#h7 ,authorization of appropriations ,in addition to any amounts appropriated for a specific project1 there is authorized to be appropriated to the ,secretary to carry out the pilot program under this subsection1 including the costs of administration of the ,secretary1 #be1jjj1jjj for each of fiscal years #bjae through #bjai4 7b7 ,non-,federal project implementation pilot program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 management1 hurricane and storm damage reduction1 coastal harbor and channel inland navigation1 and aquatic ecosystem restoration projects4 7#b7 ,purposes ,the purposes of the pilot program are-- 7,a7 to identify project delivery and cost-saving alternatives that reduce the backlog of authorized ,corps of ,engineers projects2 7,b7 to evaluate the technical1 financial1 and organizational efficiencies of a non-,federal interest carrying out the design1 execution1 management1 and construction of #a or more projects2 and 7,c7 to evaluate alternatives for the decentralization of the project management1 design1 and construction for authorized ,corps of ,engineers water resources projects4 7#c7 ,administration 7,a7 ,in general ,in carrying out the pilot program1 the ,secretary shall-- 7i7 identify a total of not more than #ae projects for flood risk management1 hurricane and storm damage reduction 7including levees1 floodwalls1 flood control channels1 and water control structures71 coastal harbor and channels1 inland navigation1 and aquatic ecosystem restoration that have been authorized for construction prior to the date of enactment of this ,act1 including-- 7,i7 not more than #ab projects that-- 7aa7 7,,aa7 have received ,federal funds prior to the date of enactment of this ,act2 or 7,,bb7 for more than #b consecutive fiscal years1 have an unobligated funding balance for that project in the ,corps of ,engineers construction account2 and 7bb7 to the maximum extent practicable1 are located in each of the divisions of the ,corps of ,engineers2 and 7,,ii7 not more than #c 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 ,act2 7ii7 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 program2 7iii7 in collaboration with the non-,federal interest1 develop a detailed project management plan for each identified project that outlines the scope1 budget1 design1 and construction resource requirements necessary for the non-,federal interest to execute the project1 or a separable element of the project2 7iv7 on the request of the non-,federal interest1 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 project1 or a separable element of the project1 in accordance with plans approved by the ,secretary2 7v7 following execution of the project partnership agreement1 transfer to the non-,federal interest to carry out construction of the project1 or a separable element of the project-- 7,i7 if applicable1 the balance of the unobligated amounts appropriated for the project1 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 program2 and 7,,ii7 additional amounts1 as determined by the ,secretary1 from amounts made available under paragraph 7#h71 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 construction1 including any required design2 and 7vi7 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 reasonable4 7,b7 ,detailed project schedule ,not later than #ahj days after entering into an agreement under subparagraph 7,a77iv71 each non-,federal interest1 to the maximum extent practicable1 shall submit to the ,secretary a detailed project schedule1 based on estimated funding levels1 that lists all deadlines for each milestone in the construction of the project4 7,c7 ,technical assistance ,on the request of a non-,federal interest1 the ,secretary may provide technical assistance to the non-,federal interest1 if the non-,federal interest contracts with and compensates the ,secretary for the technical assistance relating to-- 7i7 any study1 engineering activity1 and design activity for construction carried out by the non-,federal interest under this subsection2 and 7ii7 expeditiously obtaining any permits necessary for the project4 7#d7 ,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 subsection4 7#e7 ,report 7,a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report detailing the results of the pilot program carried out under this subsection1 including-- 7i7 a description of the progress of non-,federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph 7#b77;,b72 and 7ii7 any recommendations of the ,secretary concerning whether the program or any component of the program should be implemented on a national basis4 7,b7 ,update ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an update of the report described in subparagraph 7,a74 7,c7 ,failure to meet deadline ,if the ,secretary fails to submit a report by the required deadline under this paragraph1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report4 7#f7 ,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 subsection4 7#g7 ,termination of ,authority ,the authority to commence a project under this subsection terminates on the date that is #e years after the date of enactment of this ,act4 7#h7 ,authorization of appropriations ,in addition to any amounts appropriated for a specific project1 there is authorized to be appropriated to the ,secretary to carry out the pilot program under this subsection1 including the costs of administration of the ,secretary1 #be1jjj1jjj for each of fiscal years #bjae through #bjai4 #ajdd4 ,independent peer review 7a7 ,mandatory project studies subject to peer review ,section #bjcd7;a77#c77;,a77i7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdc7;a77#c77;,a77i77 is amended by striking #de1jjj1jjj and inserting #bjj1jjj1jjj4 7b7 ,timing of peer review ,section #bjcd7;b7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdc7;b77 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,reasons for timing ,if the ,chief of ,engineers does not initiate a peer review for a project study at a time described in paragraph 7#b71 the ,chief shall-- 7,a7 not later than #g days after the date on which the ,chief of ,engineers determines not to initiate a peer review-- 7i7 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 decision2 and 7ii7 make publicly available1 including on the ,internet1 the reasons for not conducting the review2 and 7,b7 include the reasons for not conducting the review in the decision document for the project study4 4 7c7 ,establishment of panels ,section #bjcd7;c7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdc7;c77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,congressional and public notification ,following the identification of a project study for peer review under this section1 but prior to initiation of the review by the panel of experts1 the ,chief of ,engineers shall1 not later than #g days after the date on which the ,chief of ,engineers determines to conduct a review-- 7,a7 notify the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives of the review conducted under this section2 and 7,b7 make publicly available1 including on the ,internet1 information on-- 7i7 the dates scheduled for beginning and ending the review2 7ii7 the entity that has the contract for the review2 and 7iii7 the names and qualifications of the panel of experts4 4 7d7 ,recommendations of panel ,section #bjcd7;f7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdc7;f77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,public availability and submission to ,congress ,after receiving a report on a project study from a panel of experts under this section1 the ,chief of ,engineers shall make available to the public1 including on the ,internet1 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-- 7,a7 a copy of the report not later than #g days after the date on which the report is delivered to the ,chief of ,engineers2 and 7,b7 a copy of any written response of the ,chief of ,engineers on recommendations contained in the report not later than #c days after the date on which the response is delivered to the ,chief of ,engineers4 7#c7 ,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 study4 4 7e7 ,applicability ,section #bjcd7;h77#b7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdc7;h77#b77 is amended by striking #g years and inserting #ab years4 #ajde4 ,report on surface elevations at drought affected lakes 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,federal ,energy ,regulatory ,commission 7referred to in this section as ,,ferc71 shall initiate an assessment of the effects of drought conditions on lakes managed by the ,secretary that are affected by ,,ferc-licensed reservoirs1 which shall include an assessment of-- 7#a7 lake levels and rule curves in areas of previous1 current1 and prolonged drought2 and 7#b7 the effect the long-term ,,ferc licenses have on the ability of the ,secretary to manage lakes for hydropower generation1 navigation1 flood protection1 water supply1 fish and wildlife1 and recreation4 7b7 ,report ,the ,secretary1 in coordination with the ,,ferc1 shall submit to ,congress and make publicly available a report on the assessment carried out under subsection 7a74 #ajdf4 ,reservoir operations and water supply 7a7 ,dam optimization 7#a7 ,definition of project ,in this subsection1 the term project means a water resources development project that is operated and maintained by the ,secretary4 7#b7 ,reports 7,a7 ,assessment of water supply in arid regions 7i7 ,in general ,the ,secretary shall conduct an assessment of the management practices1 priorities1 and authorized purposes at ,corps of ,engineers reservoirs in arid regions to determine the effects of such practices1 priorities1 and purposes on water supply during periods of drought4 7ii7 ,inclusions ,the assessment under clause 7i7 shall identify actions that can be carried out within the scope of existing authorities of the ,secretary to increase project flexibility for the purpose of mitigating drought impacts4 7iii7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report on the results of the assessment4 7,b7 ,updated report 7i7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall update and make publicly available the report entitled ,authorized and ,operating ,purposes of ,corps of ,engineers ,reservoirs and dated ,july #aiib1 which was produced pursuant to section #caa of the ,water ,resources ,development ,act of #aiij 7#ajd ,stat4 #dfci74 7ii7 ,inclusions ,the updated report described in clause 7i7 shall-- 7,i7 include-- 7aa7 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 significant2 7bb7 the activities carried out pursuant to each such review to improve the efficiency of operations and maintenance and to improve project benefits consistent with authorized purposes2 7cc7 the degree to which reviews of project operations and subsequent activities pursuant to completed reviews complied with the policies and requirements of applicable law and regulations2 and 7dd7 a plan for reviewing the operations of individual projects1 including a detailed schedule for future reviews of project operations1 that-- 7,,aa7 complies with the polices and requirements of applicable law and regulations2 7,,bb7 gives priority to reviews and activities carried out pursuant to such plan where the ,secretary determines that there is support for carrying out those reviews and activities2 and 7,,cc7 ensures that reviews and activities are carried out pursuant to such plan2 7,,ii7 be coordinated with appropriate ,federal1 ,state1 and local agencies and those public and private entities that the ,secretary determines may be affected by those reviews or activities2 7,,iii7 not supersede or modify any written agreement between the ,federal ,government and a non-,federal interest that is in effect on the date of enactment of this ,act2 7,,iv7 not supersede or authorize any amendment to a multistate water control plan1 including the ,missouri ,river ,master ,water ,control ,manual 7as in effect on the date of enactment of this ,act72 7,v7 not affect any water right in existence on the date of enactment of this ,act2 7,,vi7 not preempt or affect any ,state water law or interstate compact governing water2 7,,vii7 not affect any authority of a ,state1 as in effect on the date of enactment of this ,act1 to manage water resources within that ,state2 and 7,,viii7 comply with section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b74 7#c7 ,general accountability office report to ,congress ,the ,comptroller ,general shall-- 7,a7 conduct an audit to determine-- 7i7 whether reviews of project operations carried out by the ,secretary prior to the date of enactment of this ,act complied with the policies and requirements of applicable law and regulations2 and 7ii7 whether the plan developed by the ,secretary pursuant to paragraph 7#b77;,b77ii77,i77dd7 complies with this subsection and with the policies and requirements of applicable law and regulation2 and 7,b7 not later than #b years after the date of enactment of this ,act1 submit to ,congress a report that-- 7i7 summarizes the results of the audit required by subparagraph 7,a72 7ii7 includes an assessment of whether existing practices for managing and reviewing project operations could result in greater efficiencies that would enable the ,corps of ,engineers to better prepare for1 contain1 and respond to flood1 storm1 and drought conditions2 and 7iii7 includes recommendations for improving the review of project operations to improve the efficiency and effectiveness of such operations and to better achieve authorized purposes while enhancing overall project benefits4 7#d7 ,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 reviews4 7#e7 ,funding 7,a7 ,in general ,the ,secretary may use to carry out this subsection1 including any reviews of project operations identified in the plan developed under paragraph 7#b77;,b77ii77,i77dd71 amounts made available to the ,secretary4 7,b7 ,funding from other sources ,the ,secretary may accept and expend amounts from non-,federal entities and other ,federal agencies to carry out this subsection and reviews of project operations or activities resulting from those reviews4 7#f7 ,effect of subsection 7,a7 ,in general ,nothing in this subsection changes the authorized purpose of any ,corps of ,engineers dam or reservoir4 7,b7 ,administration ,the ,secretary may carry out any recommendations and activities under this subsection pursuant to existing law4 7b7 ,improving planning and administration of water supply storage 7#a7 ,in general ,for each water supply feature of a reservoir managed by the ,secretary1 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 #d fiscal years 7including the cost of those activities7 for which the non-,federal interests are required to contribute amounts4 7#b7 ,clarification ,the information provided to a non-,federal interest under paragraph 7#a7 shall-- 7,a7 be an estimate which the non-,federal interest may use for planning purposes2 and 7,b7 not be construed as or relied upon by the non-,federal interest as the actual amounts that the non-,federal interest will be required to contribute4 7c7 ,surplus water storage 7#a7 ,in general ,the ,secretary shall not charge a fee for surplus water under a contract entered into pursuant to section #f of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#cc ,u4,s4,c4 #gjh7 if the contract is for surplus water stored in the ,upper ,missouri ,mainstem ,reservoirs4 7#b7 ,offset 7,a7 ,in general ,subject to subparagraph 7,b71 of any amounts made available to the ,secretary to carry out activities under the heading ,operation and maintenance under the heading ,corps of ,engineers-,civil that remain unobligated as of the date of enactment of this ,act1 #e1jjj1jjj is rescinded4 7,b7 ,restriction ,no amounts that have been designated by ,congress as being for emergency requirements pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i77 shall be rescinded under subparagraph 7,a74 7#c7 ,limitation ,the limitation provided under paragraph 7#a7 shall expire on the date that is #aj years after the date of enactment of this ,act4 7#d7 ,applicability ,nothing in this subsection-- 7,a7 affects the authority of the ,secretary under section #bfie of title #aj1 ,united ,states ,code1 to accept funds or to cover the administrative expenses relating to certain real property transactions2 or 7,b7 affects the application of section #f of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#cc ,u4,s4,c4 #gjh7 to surplus water stored outside of the ,upper ,missouri ,mainstem ,reservoirs4 7d7 ,future ,water ,supply ,section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,release of future water storage 7#a7 ,establishment of #aj-year plans for the utilization of future storage 7,a7 ,in general ,for the period beginning #ahj days after the date of enactment of this paragraph and ending on ,january #a1 #bjaf1 the ,secretary may accept from a ,state or local interest a plan for the utilization of allocated water storage for future use under this ,act4 7,b7 ,contents ,a plan submitted under subparagraph 7,a7 shall include-- 7i7 a #aj-year timetable for the conversion of future use storage to present use2 and 7ii7 a schedule of actions that the ,state or local interest agrees to carry out over a #aj-year period1 in cooperation with the ,secretary1 to seek new and alternative users of future water storage that is contracted to the ,state or local interest on the date of enactment of this paragraph4 7#b7 ,future water storage ,for water resource development projects managed by the ,secretary1 a ,state or local interest that the ,secretary determines has complied with paragraph 7#a7 may request from the ,secretary a release to the ,united ,states of any right of the ,state or local interest to future water storage under this ,act that was allocated for future use water supply prior to ,november #ag1 #aihf4 7#c7 ,administration 7,a7 ,in general ,not later than #ahj days after receiving a request under paragraph 7#b71 the ,secretary shall provide to the applicable ,state or local interest a written decision on whether the ,secretary recommends releasing future water storage rights4 7,b7 ,recommendation ,if the ,secretary recommends releasing future water storage rights1 the ,secretary shall include that recommendation in the annual plan submitted under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad4 7#d7 ,savings clause ,nothing in this subsection authorizes the ,secretary to release a ,state or local interest from a contractual obligation unless specifically authorized by ,congress4 4 #ajdg4 ,special use permits 7a7 ,special use permits 7#a7 ,in general ,the ,secretary may issue special permits for uses such as group activities1 recreation events1 motorized recreation vehicles1 and such other specialized recreation uses as the ,secretary determines to be appropriate1 subject to such terms and conditions as the ,secretary determines to be in the best interest of the ,federal ,government4 7#b7 ,fees 7,a7 ,in general ,in carrying out this subsection1 the ,secretary may-- 7i7 establish and collect fees associated with the issuance of the permits described in paragraph 7#a72 or 7ii7 accept in-kind services in lieu of those fees4 7,b7 ,outdoor recreation equipment ,the ,secretary may establish and collect fees for the provision of outdoor recreation equipment and services for activities described in paragraph 7#a7 at public recreation areas located at lakes and reservoirs operated by the ,corps of ,engineers4 7,c7 ,use of fees ,any fees generated pursuant to this subsection shall be-- 7i7 retained at the site collected2 and 7ii7 available for use1 without further appropriation1 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 collected4 7b7 ,cooperative management 7#a7 ,program 7,a7 ,in general ,subject to subparagraph 7,b71 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-- 7i7 the public recreation area is located-- 7,i7 at a lake or reservoir operated by the ,corps of ,engineers2 and 7,,ii7 adjacent to or near a ,state or local park or recreation area2 and 7ii7 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 areas4 7,b7 ,restriction ,the ,secretary may not transfer administration responsibilities for any public recreation area operated by the ,corps of ,engineers4 7#b7 ,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 7#a7 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 agreement4 7#c7 ,administration ,the ,secretary may enter into #a or more cooperative management agreements or such other arrangements as the ,secretary determines to be appropriate1 including leases or licenses1 with non-,federal interests to share the costs of operation1 maintenance1 and management of recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection4 7c7 ,use of funds 7#a7 ,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 projects1 the ,secretary may use funds made available to the ,secretary to support activities carried out by ,state1 local1 and tribal governments and such other public or private nonprofit entities as the ,secretary determines to be appropriate4 7#b7 ,cooperative agreements ,any use of funds pursuant to this subsection shall be carried out through the execution of a cooperative agreement1 which shall contain such terms and conditions as the ,secretary determines to be necessary in the public interest4 7d7 ,services of volunteers ,chapter ,,iv of title ,i of ,public ,law #ih-fc 7#cc ,u4,s4,c4 #efi;c7 is amended in the first sentence by inserting 1 including expenses relating to uniforms1 transportation1 lodging1 and the subsistence of those volunteers1 after incidental expenses4 7e7 ,training and educational activities ,section #bac7;a7 of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bcci7 is amended by striking at and inserting about4 #ajdh4 ,america the ,beautiful ,national ,parks and ,federal ,recreational ,lands ,pass program ,the ,secretary may participate in the ,america the ,beautiful ,national ,parks and ,federal ,recreational ,lands ,pass program in the same manner as the ,national ,park ,service1 the ,bureau of ,land ,management1 the ,united ,states ,fish and ,wildlife ,service1 the ,forest ,service1 and the ,bureau of ,reclamation1 including the provision of free annual passes to active duty military personnel and dependents4 #ajdi4 ,applicability of spill prevention1 control1 and countermeasure rule 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,farm ,the term farm has the meaning given the term in section #aab4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#c7 ,gallon ,the term gallon means a ,united ,states gallon4 7#d7 ,oil ,the term oil has the meaning given the term in section #aab4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,oil discharge ,the term oil discharge has the meaning given the term discharge in section #aab4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#f7 ,reportable oil discharge history 7,a7 ,in general ,subject to subparagraph 7,b71 the term reportable oil discharge history means a single oil discharge1 as described in section #aab4a7;b7 of title #dj1 ,code of ,federal ,regulations 7including successor regulations71 that exceeds #a1jjj gallons or #b oil discharges1 as described in section #aab4a7;b7 of title #dj1 ,code of ,federal ,regulations 7including successor regulations71 that each exceed #db gallons within any #ab-month period-- 7i7 in the #c years prior to the certification date of the ,spill ,prevention1 ,control1 and ,countermeasure plan 7as described in section #aab4c of title #dj1 ,code of ,federal ,regulations 7including successor regulations72 or 7ii7 since becoming subject to part #aab of title #dj1 ,code of ,federal ,regulations1 if the facility has been in operation for less than #c years4 7,b7 ,exclusions ,the term reportable oil discharge history does not include an oil discharge1 as described in section #aab4a7;b7 of title #dj1 ,code of ,federal ,regulations 7including successor regulations71 that is the result of a natural disaster1 an act of war1 or terrorism4 7#g7 ,spill ,prevention1 ,control1 and ,countermeasure rule ,the term ,spill ,prevention1 ,control1 and ,countermeasure rule means the regulation1 including amendments1 promulgated by the ,administrator under part #aab of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,certification ,in implementing the ,spill ,prevention1 ,control1 and ,countermeasure rule with respect to any farm1 the ,administrator shall-- 7#a7 require certification by a professional engineer for a farm with-- 7,a7 an individual tank with an aboveground storage capacity greater than #aj1jjj gallons2 7,b7 an aggregate aboveground storage capacity greater than or equal to #bj1jjj gallons2 or 7,c7 a reportable oil discharge history2 or 7#b7 allow certification by the owner or operator of the farm 7via self-certification7 for a farm with-- 7,a7 an aggregate aboveground storage capacity less than #bj1jjj gallons and greater than the lesser of-- 7i7 #f1jjj gallons2 and 7ii7 the adjustment quantity established under subsection 7d77#b72 and 7,b7 no reportable oil discharge history2 and 7#c7 not require compliance with the rule by any farm-- 7,a7 with an aggregate aboveground storage capacity greater than #b1ejj gallons and less than the lesser of-- 7i7 #f1jjj gallons2 and 7ii7 the adjustment quantity established under subsection 7d77#b72 and 7,b7 no reportable oil discharge history2 and 7#d7 not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than #b1ejj gallons4 7c7 ,calculation of aggregate aboveground storage capacity ,for purposes of subsection 7b71 the aggregate aboveground storage capacity of a farm excludes-- 7#a7 all containers on separate parcels that have a capacity that is #a1jjj gallons or less2 and 7#b7 all containers holding animal feed ingredients approved for use in livestock feed by the ,commissioner of ,food and ,drugs4 7d7 ,study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of ,agriculture1 shall conduct a study to determine the appropriate exemption under paragraphs 7#b7 and 7#c7 of subsection 7b71 which shall be not more than #f1jjj gallons and not less than #b1ejj gallons1 based on a significant risk of discharge to water4 7#b7 ,adjustment ,not later than #ah months after the date on which the study described in paragraph 7#a7 is complete1 the ,administrator1 in consultation with the ,secretary of ,agriculture1 shall promulgate a rule to adjust the exemption levels described in paragraphs 7#b7 and 7#c7 of subsection 7b7 in accordance with the study4 #ajej4 ,namings 7a7 ,donald ,g4 ,waldon ,lock and ,dam ,it is the sense of ,congress that1 at an appropriate time and in accordance with the rules of the ,senate and the ,house of ,representatives1 to recognize the contributions of ,donald ,g4 ,waldon1 whose selfless determination and tireless work1 while serving as administrator of the ,tennessee-,tombigbee ,waterway for #ba years1 contributed greatly to the realization and success of the ,tennessee-,tombigbee ,waterway ,development ,compact1 that the lock and dam located at mile #ceg4e on the ,tennessee-,tombigbee ,waterway should be known and designated as the ,donald ,g4 ,waldon ,lock and ,dam4 7b7 ,redesignation of ,lower ,mississippi ,river ,museum and ,riverfront ,interpretive ,site 7#a7 ,in general ,section #ajc7;c77#a7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhaa7 is amended by striking ,lower ,mississippi ,river ,museum and ,riverfront ,interpretive ,site and inserting ,jesse ,brent ,lower ,mississippi ,river ,museum and ,riverfront ,interpretive ,site4 7#b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the museum and interpretive site referred to in paragraph 7#a7 shall be deemed to be a reference to the ,jesse ,brent ,lower ,mississippi ,river ,museum and ,riverfront ,interpretive ,site4 7c7 ,jerry ,f4 ,costello ,lock and ,dam 7#a7 ,redesignation ,the lock and dam located in ,modoc1 ,illinois1 authorized by the ,act of ,july #c1 #aicj 7#df ,stat4 #ibg71 and commonly known as the ,kaskaskia ,lock and ,dam1 is redesignated as the ,jerry ,f4 ,costello ,lock and ,dam4 7#b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the lock and dam referred to in section #a shall be deemed to be a reference to the ,jerry ,f4 ,costello ,lock and ,dam4 #ajea4 ,interstate water agreements and compacts 7a7 ,water supply ,section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7 7as amended by section #ajdf7;d77 is amended by adding at the end the following3 7f7 ,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 ,system1 and further1 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 #aieh absent congressional approval4 ,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 projects1 water supply for communities and major cities in the region1 water quality1 freshwater flows to communities1 rivers1 lakes1 estuaries1 and bays located downstream of projects1 agricultural uses1 economic development1 and other appropriate concerns4 ,to that end1 the ,committees of jurisdiction strongly urge the ,governors of the affected ,states to reach agreement on an interstate water compact as soon as possible1 and we pledge our commitment to work with the affected ,states to ensure prompt consideration and approval of any such agreement4 ,absent such action1 the ,committees of jurisdiction should consider appropriate legislation to address these matters including any necessary clarifications to the ,water ,supply ,act of #aieh or other law4 ,this subsection does not alter existing rights or obligations under law4 4 7b7 ,sense of ,congress regarding interstate water agreements and compacts 7#a7 ,findings ,congress finds the following3 7,a7 ,states and local interests have primary responsibility for developing water supplies for domestic1 municipal1 industrial1 and other purposes4 7,b7 ,the ,federal ,government cooperates with ,states and local interests in developing water supplies through the construction1 maintenance1 and operation of ,federal water resources development projects4 7,c7 ,interstate water disputes are most properly addressed through interstate water agreements or compacts that take into consideration the concerns of all affected ,states4 7#b7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 ,congress and the ,secretary should urge ,states to reach agreement on interstate water agreements and compacts2 7,b7 at the request of the ,governor of a ,state1 the ,secretary should facilitate and assist in the development of an interstate water agreement or compact2 7,c7 ,congress should provide prompt consideration of interstate water agreements and compacts2 and 7,d7 the ,secretary should adopt policies and implement procedures for the operation of reservoirs of the ,corps of ,engineers that are consistent with interstate water agreements and compacts4 #ajeb4 ,sense of ,congress regarding water resources development bills ,it is the sense of ,congress that1 because the missions of the ,corps of ,engineers are unique and benefit all individuals in the ,united ,states and because water resources development projects are critical to maintaining economic prosperity1 national security1 and environmental protection1 ,congress should consider a water resources development bill not less than once every ,congress4 ,,ii ,navigation ,a ,inland waterways #bjja4 ,definitions ,in this title3 7#a7 ,inland ,waterways ,trust ,fund ,the term ,inland ,waterways ,trust ,fund means the ,inland ,waterways ,trust ,fund established by section #iejf7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,qualifying project ,the term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- 7,a7 authorized before1 on1 or after the date of enactment of this ,act2 7,b7 not completed on the date of enactment of this ,act2 and 7,c7 funded at least in part from the ,inland ,waterways ,trust ,fund4 #bjjb4 ,project delivery process reforms 7a7 ,requirements for qualifying projects ,with respect to each qualifying project1 the ,secretary shall require-- 7#a7 for each project manager1 that-- 7,a7 the project manager have formal project management training and certification2 and 7,b7 the project manager be assigned from among personnel certified by the ,chief of ,engineers2 and 7#b7 for an applicable cost estimation1 that-- 7,a7 the ,secretary utilize a risk-based cost estimate with a confidence level of at least #hj percent2 and 7,b7 the cost estimate be developed-- 7i7 for a qualifying project that requires an increase in the authorized amount in accordance with section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj71 during the preparation of a post-authorization change report or other similar decision document2 7ii7 for a qualifying project for which the first construction contract has not been awarded1 prior to the award of the first construction contract2 7iii7 for a qualifying project without a completed feasibility report in accordance with section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb71 prior to the completion of such a report2 and 7iv7 for a qualifying project with a completed feasibility report in accordance with section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7 that has not yet been authorized1 during design for the qualifying project4 7b7 ,additional project delivery process reforms ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 establish a system to identify and apply on a continuing basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects2 7#b7 evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance2 and 7#c7 implement any additional measures that the ,secretary determines will achieve the purposes of this subtitle1 including-- 7,a7 the implementation of applicable practices and procedures developed pursuant to management by the ,secretary of an applicable military construction program2 7,b7 the development and use of a portfolio of standard designs for inland navigation locks1 incorporating the use of a center of expertise for the design and review of qualifying projects2 7,c7 the use of full-funding contracts or formulation of a revised continuing contracts clause2 and 7,d7 the establishment of procedures for recommending new project construction starts using a capital projects business model4 7c7 ,pilot projects 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may carry out pilot projects to evaluate processes and procedures for the study1 design1 and construction of qualifying projects4 7#b7 ,inclusions ,at a minimum1 the ,secretary shall carry out pilot projects under this subsection to evaluate-- 7,a7 early contractor involvement in the development of features and components2 7,b7 an appropriate use of continuing contracts for the construction of features and components2 and 7,c7 applicable principles1 procedures1 and processes used for military construction projects4 7d7 ,inland ,waterways ,users ,board ,section #cjb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbea7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,duties of ,users ,board 7#a7 ,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 ,states4 7#b7 ,advice and recommendations ,for commercial navigation features and components of the inland waterways and inland harbors of the ,united ,states1 the ,users ,board shall provide-- 7,a7 prior to the development of the budget proposal of the ,president for a given fiscal year1 advice and recommendations to the ,secretary regarding construction and rehabilitation priorities and spending levels2 7,b7 advice and recommendations to ,congress regarding any feasibility report for a project on the inland waterway system that has been submitted to ,congress pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad2 7,c7 advice and recommendations to ,congress regarding an increase in the authorized cost of those features and components2 7,d7 not later than #fj days after the date of the submission of the budget proposal of the ,president to ,congress1 advice and recommendations to ,congress regarding construction and rehabilitation priorities and spending levels2 and 7,e7 advice and recommendations on the development of a long-term capital investment program in accordance with subsection 7d74 7#c7 ,project development teams ,the chairperson of the ,users ,board shall appoint a representative of the ,users ,board to serve as an advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the ,united ,states4 7#d7 ,independent judgment ,any advice or recommendation made by the ,users ,board to the ,secretary shall reflect the independent judgment of the ,users ,board4 2 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,duties of ,secretary ,the ,secretary shall-- 7#a7 communicate not less frequently than once each quarter to the ,users ,board the status of the study1 design1 or construction of all commercial navigation features or components of the inland waterways or inland harbors of the ,united ,states2 and 7#b7 submit to the ,users ,board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the ,united ,states4 7d7 ,capital investment program 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary1 in coordination with the ,users ,board1 shall develop and submit to ,congress a report describing a #bj-year program for making capital investments on the inland and intracoastal waterways based on the application of objective1 national project selection prioritization criteria4 7#b7 ,consideration ,in developing the program under paragraph 7#a71 the ,secretary shall take into consideration the #bj-year capital investment strategy contained in the ,inland ,marine ,transportation ,system 7,,imts7 ,capital ,projects ,business ,model1 ,final ,report published on ,april #ac1 #bjaj1 as approved by the ,users ,board4 7#c7 ,criteria ,in developing the plan and prioritization criteria under paragraph 7#a71 the ,secretary shall ensure1 to the maximum extent practicable1 that investments made under the #bj-year program described in paragraph 7#a7-- 7,a7 are made in all geographical areas of the inland waterways system2 and 7,b7 ensure efficient funding of inland waterways projects4 7#d7 ,strategic review and update ,not later than #e years after the date of enactment of this subsection1 and not less frequently than once every #e years thereafter1 the ,secretary1 in coordination with the ,users ,board1 shall-- 7,a7 submit to ,congress and make publicly available a strategic review of the #bj-year program in effect under this subsection1 which shall identify and explain any changes to the project-specific recommendations contained in the previous #bj-year program 7including any changes to the prioritization criteria used to develop the updated recommendations72 and 7,b7 make revisions to the program1 as appropriate4 7e7 ,project management plans ,the chairperson of the ,users ,board and the project development team member appointed by the chairperson under subsection 7b77#c7 may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the ,united ,states4 7f7 ,administration 7#a7 ,in general ,the ,users ,board shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 other than section #ad1 and1 with the consent of the appropriate agency head1 the ,users ,board may use the facilities and services of any ,federal agency4 7#b7 ,members not considered special government employees ,for the purposes of complying with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the members of the ,users ,board shall not be considered special ,government employees 7as defined in section #bjb of title #ah1 ,united ,states ,code74 7#c7 ,travel expenses ,non-,federal members of the ,users ,board while engaged in the performance of their duties away from their homes or regular places of business1 may be allowed travel expenses1 including per diem in lieu of subsistence1 as authorized by section #egjc of title #e1 ,united ,states ,code4 4 #bjjc4 ,efficiency of revenue collection ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a report on the efficiency of collecting the fuel tax for the ,inland ,waterways ,trust ,fund1 which shall include-- 7#a7 an evaluation of whether current methods of collection of the fuel tax result in full compliance with requirements of the law2 7#b7 whether alternative methods of collection would result in increased revenues into the ,inland ,waterways ,trust ,fund2 and 7#c7 an evaluation of alternative collection options4 #bjjd4 ,inland waterways revenue studies 7a7 ,inland waterways construction bonds study 7#a7 ,study ,the ,secretary1 in coordination with the heads of appropriate ,federal agencies1 shall conduct a study on the potential benefits and implications of authorizing the issuance of federally tax-exempt bonds secured against the available proceeds1 including projected annual receipts1 in the ,inland ,waterways ,trust ,fund established by section #iejf7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,contents ,in carrying out the study1 the ,secretary shall examine the implications of issuing such bonds1 including the potential revenues that could be generated and the projected net cost to the ,treasury1 including loss of potential revenue4 7#c7 ,consultation ,in carrying out the study1 the ,secretary1 at a minimum1 shall consult with-- 7,a7 representatives of the ,inland ,waterway ,users ,board established by section #cjb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbea72 7,b7 representatives of the commodities and bulk cargos that are currently shipped for commercial purposes on the segments of the inland and intracoastal waterways listed in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd72 7,c7 representatives of other users of locks and dams on the inland and intracoastal waterways1 including persons owning1 operating1 using1 or otherwise benefitting from-- 7i7 hydropower generation facilities2 7ii7 electric utilities that rely on the waterways for cooling of existing electricity generation facilities2 7iii7 municipal and industrial water supply2 7iv7 recreation2 7v7 irrigation water supply2 or 7vi7 flood damage reduction2 and 7,d7 other stakeholders associated with the inland and intracoastal waterways1 as identified by the ,secretary4 7#d7 ,report to ,congress 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works1 the ,committee on ,finance1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,ways and ,means1 and the ,committee on the ,budget of the ,house of ,representatives1 and make publicly available1 a report on the results of the study4 7,b7 ,identification of issues ,as part of the report1 the ,secretary shall identify any potential benefits or other implications of the issuance of bonds described in subsection 7a77#a71 including any potential changes in ,federal or ,state law that may be necessary to provide such benefits or to address such implications4 7b7 ,potential revenue sources for inland and intracoastal waterways infrastructure 7#a7 ,in general ,the ,secretary shall conduct a study and submit to ,congress a report on potential revenue sources from which funds could be collected to generate additional revenues for the ,inland ,waterways ,trust ,fund established by section #iejf7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,scope of study 7,a7 ,in general ,in carrying out the study1 the ,secretary shall evaluate an array of potential revenue sources from which funds could be collected in amounts that1 when combined with funds generated by section #djdb of the ,internal ,revenue ,code of #aihf1 are sufficient to support one-half of annual construction expenditure levels of #chj1jjj1jjj for the authorized purposes of the ,inland ,waterways ,trust ,fund4 7,b7 ,potential revenue sources for study ,in carrying out the study1 the ,secretary1 at a minimum1 shall-- 7i7 evaluate potential revenue sources identified in and documented by known authorities of the ,inland ,waterways ,system2 and 7ii7 review appropriate reports and associated literature related to revenue sources4 7#c7 ,conduct of study ,in carrying out the study1 the ,secretary shall-- 7,a7 take into consideration whether the potential revenues from other sources-- 7i7 are equitably associated with the construction1 operation1 and maintenance of inland and intracoastal waterway infrastructure1 including locks1 dams1 and navigation channels2 and 7ii7 can be efficiently collected2 7,b7 consult with1 at a minimum-- 7i7 representatives of the ,inland ,waterways ,users ,board2 and 7ii7 representatives of other nonnavigation beneficiaries of inland and intracoastal waterway infrastructure1 including persons benefitting from-- 7,i7 municipal water supply2 7,,ii7 hydropower2 7,,iii7 recreation2 7,,iv7 industrial water supply2 7,v7 flood damage reduction2 7,,vi7 agricultural water supply2 7,,vii7 environmental restoration2 7,,viii7 local and regional economic development2 or 7,,ix7 local real estate interests2 and 7iii7 representatives of other interests1 as identified by the ,secretary2 and 7,c7 provide the opportunity for public hearings in each of the geographic regions that contain segments of the inland and intracoastal waterways listed in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd74 7#d7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works1 the ,committee on ,finance1 and the ,committee on the ,budget of the ,senate and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,ways and ,means1 and the ,committee on the ,budget of the ,house of ,representatives1 and make publicly available1 a report on the results of the study4 #bjje4 ,inland waterways stakeholder roundtable 7a7 ,in general ,the ,secretary shall conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of issues related to financial management of the inland and intracoastal waterways4 7b7 ,selection of participants 7#a7 ,in general ,not later than #de days after the date on which the ,secretary submits to ,congress the report required by section #bjjd7;b71 the ,secretary1 in consultation with the ,inland ,waterways ,users ,board1 shall select individuals to be invited to participate in the stakeholder roundtable4 7#b7 ,composition ,the individuals selected under paragraph 7#a7 shall include-- 7,a7 representatives of the primary users1 shippers1 and suppliers utilizing the inland and intracoastal waterways for commercial purposes2 7,b7 representatives of ,state and ,federal agencies having a direct and substantial interest in the commercial use of the inland and intracoastal waterways2 7,c7 representatives of other nonnavigation beneficiaries of the inland and intracoastal waterways infrastructure1 including individuals benefitting from-- 7i7 municipal water supply2 7ii7 hydropower2 7iii7 recreation2 7iv7 industrial water supply2 7v7 flood damage reduction2 7vi7 agricultural water supply2 7vii7 environmental restoration2 7viii7 local and regional economic development2 or 7ix7 local real estate interests2 and 7,d7 other interested individuals with significant financial and engineering expertise and direct knowledge of the inland and coastal waterways4 7c7 ,framework and agenda ,the ,secretary shall work with a group of the individuals selected under subsection 7b7 to develop the framework and agenda for the stakeholder roundtable4 7d7 ,conduct of stakeholder roundtable 7#a7 ,in general ,not later than #abj days after the date on which the ,secretary submits to ,congress the report required by section #bjjd7;b71 the ,secretary shall conduct the stakeholder roundtable4 7#b7 ,issues to be discussed ,the stakeholder roundtable shall provide for the review and evaluation described in subsection 7a7 and shall include the following3 7,a7 ,an evaluation of any recommendations that have been developed to address funding options for the inland and coastal waterways1 including any recommendations in the report required under section #bjjd7;b74 7,b7 ,an evaluation of the funding status of the inland and coastal waterways4 7,c7 ,identification and evaluation of the ongoing and projected water infrastructure needs of the inland and coastal waterways4 7,d7 ,identification of a process for meeting such needs1 with timeline for addressing the funding challenges for the ,inland ,waterways ,trust ,fund4 7e7 ,report to ,congress ,not later than #ahj days after the date on which the ,secretary submits to ,congress the report required by section #bjjd7;b71 the ,secretary shall submit to ,congress and make publicly available a report that contains-- 7#a7 a summary of the stakeholder roundtable1 including areas of concurrence on funding approaches and areas of disagreement in meeting funding needs2 and 7#b7 recommendations developed by the ,secretary for next steps to address the issues discussed at the stakeholder roundtable4 #bjjf4 ,preserving the ,inland ,waterway ,trust ,fund 7a7 ,olmsted project reform 7#a7 ,definition of ,olmsted ,project ,in this subsection1 the term ,olmsted ,project means the project for navigation1 ,lower ,ohio ,river1 ,locks and ,dams #eb and #ec1 ,illinois and ,kentucky1 authorized by section #c7;a77#f7 of the ,water ,resources ,development ,act of #aihh 7#ajb ,stat4 #djac74 7#b7 ,olmsted ,project reform ,notwithstanding section #c7;a77#f7 of the ,water ,resources ,development ,act of #aihh 7#ajb ,stat4 #djac71 for each fiscal year beginning after ,september #cj1 #bjad1 #ae percent of the cost of construction for the ,olmsted ,project shall be paid from amounts appropriated from the ,inland ,waterways ,trust ,fund4 7#c7 ,sense of ,congress ,it is the sense of ,congress that the appropriation for the ,olmsted ,project should be not less than #aej1jjj1jjj for each fiscal year until construction of the project is completed4 7#d7 ,rehabilitation of projects ,section #bje7a77;,e77ii7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbg7a77;,e77ii77 is amended by striking #h1jjj1jjj and inserting #bj1jjj1jjj4 #bjjg4 ,inland waterways oversight 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report regarding the lessons learned from the experience of planning and constructing the ,olmsted ,project and how such lessons might apply to future inland waterway studies and projects4 7b7 ,annual financial review ,for any inland waterways project that the ,secretary carries out that has an estimated total cost of #ejj1jjj1jjj or more1 the ,secretary shall submit to the congressional committees referred to in subsection 7a7 an annual financial plan for the project4 ,the plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions1 as determined by the ,secretary1 of any future increases of the cost to complete the project4 7c7 ,government ,accountability ,office report ,as soon as practicable after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to ,congress a report describing the results of1 a study to determine why1 and to what extent1 the project for navigation1 ,lower ,ohio ,river1 ,locks and ,dams #eb and #ec1 ,illinois and ,kentucky 7commonly known as the ,olmsted ,locks and ,dam project71 authorized by section #c7;a77#f7 of the ,water ,resources ,development ,act of #aihh 7#ajb ,stat4 #djac71 has exceeded the budget for the project and the reasons why the project failed to be completed as scheduled1 including an assessment of-- 7#a7 engineering methods used for the project2 7#b7 the management of the project2 7#c7 contracting for the project2 7#d7 the cost to the ,united ,states of benefits foregone due to project delays2 and 7#e7 such other contributory factors as the ,comptroller ,general determines to be appropriate4 #bjjh4 ,assessment of operation and maintenance needs of the ,atlantic ,intracoastal ,waterway and the ,gulf ,intracoastal ,waterway 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall assess the operation and maintenance needs of the ,atlantic ,intracoastal ,waterway and the ,gulf ,intracoastal ,waterway4 7b7 ,types of activities ,in carrying out subsection 7a71 the ,secretary shall assess the operation and maintenance needs of the ,atlantic ,intracoastal ,waterway and the ,gulf ,intracoastal ,waterway as used for the following purposes3 7#a7 ,commercial navigation4 7#b7 ,commercial fishing4 7#c7 ,subsistence1 including utilization by ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 for subsistence and ceremonial purposes4 7#d7 ,use as ingress and egress to harbors of refuge4 7#e7 ,transportation of persons4 7#f7 ,purposes relating to domestic energy production1 including fabrication1 servicing1 and supply of domestic offshore energy production facilities4 7#g7 ,activities of the ,secretary of the department in which the ,coast ,guard is operating4 7#h7 ,public health and safety related equipment for responding to coastal and inland emergencies4 7#i7 ,recreation purposes4 7#aj7 ,any other authorized purpose4 7c7 ,report to ,congress ,for fiscal year #bjae1 and biennially thereafter1 in conjunction with the annual budget submission by the ,president to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 that1 with respect to the ,atlantic ,intracoastal ,waterway and the ,gulf ,intracoastal ,waterway-- 7#a7 identifies the operation and maintenance costs required to achieve the authorized length1 width1 and depth2 7#b7 identifies the amount of funding requested in the ,president's budget for operation and maintenance costs2 and 7#c7 identifies the unmet operation and maintenance needs of the ,atlantic ,intracoastal ,waterway and the ,gulf ,intracoastal ,waterway4 #bjji4 ,inland waterways riverbank stabilization 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 the ,secretary shall conduct a study to determine the feasibility of-- 7#a7 carrying out projects for the inland and intracoastal waterways for purposes of-- 7,a7 flood damage reduction2 7,b7 emergency streambank and shoreline protection2 and 7,c7 prevention and mitigation of shore damages attributable to navigation improvements2 and 7#b7 modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment4 7b7 ,recommendations ,in conducting the study1 the ,secretary shall develop specific project recommendations and prioritize those recommendations based on-- 7#a7 the extent of damage and land loss resulting from riverbank erosion2 7#b7 the rate of erosion2 7#c7 the significant threat of future flood risk to public property1 public infrastructure1 or public safety2 7#d7 the destruction of natural resources or habitats2 and 7#e7 the potential cost savings for maintenance of the channel4 7c7 ,disposition ,the ,secretary may carry out any project identified in the study conducted pursuant to subsection 7a7 in accordance with the criteria for projects carried out under one of the following authorities3 7#a7 ,section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar74 7#b7 ,section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 7#c7 ,section #aaa of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i74 7#d7 ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 7d7 ,annual report ,for a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection 7c71 upon a determination by the ,secretary of the feasibility of the project1 the ,secretary may include a recommendation concerning the project in the annual report submitted to ,congress under section #gjja4 #bjaj4 ,upper ,mississippi ,river protection 7a7 ,definition of ,upper ,st4 ,anthony ,falls ,lock and ,dam ,in this section1 the term ,upper ,st4 ,anthony ,falls ,lock and ,dam means the lock and dam located on ,mississippi ,river ,mile #hec4i in ,minneapolis1 ,minnesota4 7b7 ,mandatory ,closure ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall close the ,upper ,st4 ,anthony ,falls ,lock and ,dam4 7c7 ,emergency operations ,nothing in this section prevents the ,secretary from carrying out emergency lock operations necessary to mitigate flood damage4 #bjaa4 ,corps of ,engineers lock and dam energy development ,section #aaag of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dbcf7 is amended to read as follows3 #aaag4 ,w4,d4 ,mayo ,lock and ,dam 7a7 ,in ,general ,the ,cherokee ,nation of ,oklahoma may-- 7#a7 design and construct one or more hydroelectric generating facilities at the ,w4,d4 ,mayo ,lock and ,dam on the ,arkansas ,river1 ,oklahoma2 and 7#b7 market the electricity generated from any such facility4 7b7 ,preconstruction ,requirements 7#a7 ,permits ,before the date on which construction of a hydroelectric generating facility begins under subsection 7a71 the ,cherokee ,nation shall obtain any permit required under ,federal or ,state law1 except that the ,cherokee ,nation shall be exempt from licensing requirements that may otherwise apply to construction1 operation1 or maintenance of the facility under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq474 7#b7 ,review of plans and specifications ,the ,cherokee ,nation may initiate the design or construction of a hydroelectric generating facility under subsection 7a7 only after the ,secretary reviews and approves the plans and specifications for the design and construction4 7c7 ,payment of design and construction costs 7#a7 ,in general ,the ,secretary may accept funds offered by the ,cherokee ,nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection 7a74 7#b7 ,allocation of costs ,the ,cherokee ,nation shall-- 7,a7 bear all costs associated with the design and construction of a hydroelectric generating facility under subsection 7a72 and 7,b7 provide any funds necessary for the design and construction to the ,secretary prior to the ,secretary initiating any activities related to the design and construction4 7d7 ,assumption of liability ,the ,cherokee ,nation shall-- 7#a7 hold all title to a hydroelectric generating facility constructed under subsection 7a7 and may1 subject to the approval of the ,secretary1 assign such title to a third party2 7#b7 be solely responsible for-- 7,a7 the operation1 maintenance1 repair1 replacement1 and rehabilitation of the facility2 and 7,b7 the marketing of the electricity generated by the facility2 and 7#c7 release and indemnify the ,united ,states from any claims1 causes of action1 or liabilities that may arise out of any activity undertaken to carry out this section4 7e7 ,assistance available ,the ,secretary may provide technical and construction management assistance requested by the ,cherokee ,nation relating to the design and construction of a hydroelectric generating facility under subsection 7a74 7f7 ,third party agreements ,the ,cherokee ,nation may enter into agreements with the ,secretary or a third party that the ,cherokee ,nation or the ,secretary determines are necessary to carry out this section4 4 #bjab4 ,restricted areas at ,corps of ,engineers dams ,section #b of the ,freedom to ,fish ,act 7#abg ,stat4 #ddi7 is amended-- 7#a7 in subsection 7b77#a7 by striking #b years after the date of enactment of this ,act and inserting #d years after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad2 7#b7 in the heading of subsection 7c7 by inserting or ,modified after ,new2 and 7#c7 in subsection 7c7-- 7,a7 in matter preceding paragraph 7#a7 by inserting new or modified after establishes any2 and 7,b7 in paragraph 7#c7 by striking #b years after the date of enactment of this ,act and inserting #d years after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad4 #bjac4 ,operation and maintenance of fuel taxed inland waterways ,section #ajb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbab7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,floodgates on the inland waterways 7#a7 ,operation and maintenance carried out by the ,secretary ,notwithstanding any other provision of law1 the ,secretary shall be responsible for the operation and maintenance1 including repair1 of any flood gate1 as well as any pumping station constructed within the channel as a single unit with that flood gate1 that-- 7,a7 was constructed as of the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad as a feature of an authorized hurricane and storm damage reduction project2 and 7,b7 crosses an inland or intracoastal waterway described in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd74 7#b7 ,non-,federal cost share ,the non-,federal share of the cost of operation1 maintenance1 repair1 rehabilitation1 and replacement of any structure under this subsection shall be #ce percent4 4 ,b ,port and ,harbor ,maintenance #baja4 ,funding for harbor maintenance programs 7a7 ,definitions ,in this section3 7#a7 ,total amount of harbor maintenance taxes received ,the term total amount of harbor maintenance taxes received means1 with respect to a fiscal year1 the aggregate of amounts appropriated1 transferred1 or credited to the ,harbor ,maintenance ,trust ,fund under section #ieje7;a7 of the ,internal ,revenue ,code of #aihf for that fiscal year as set forth in the current year estimate provided in the ,president's budget request for the subsequent fiscal year1 submitted pursuant to section #aaje of title #ca1 ,united ,states ,code4 7#b7 ,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 #ieje7;c7 of the ,internal ,revenue ,code of #aihf4 7b7 ,target appropriations 7#a7 ,in general ,the target total budget resources made available to the ,secretary from the ,harbor ,maintenance ,trust ,fund for a fiscal year shall be not less than the following3 7,a7 ,for fiscal year #bjae1 #fg percent of the total amount of harbor maintenance taxes received in fiscal year #bjad4 7,b7 ,for fiscal year #bjaf1 #fi percent of the total amount of harbor maintenance taxes received in fiscal year #bjae4 7,c7 ,for fiscal year #bjag1 #ga percent of the total amount of harbor maintenance taxes received in fiscal year #bjaf4 7,d7 ,for fiscal year #bjah1 #gd percent of the total amount of harbor maintenance taxes received in fiscal year #bjag4 7,e7 ,for fiscal year #bjai1 #gg percent of the total amount of harbor maintenance taxes received in fiscal year #bjah4 7,f7 ,for fiscal year #bjbj1 #hj percent of the total amount of harbor maintenance taxes received in fiscal year #bjai4 7,g7 ,for fiscal year #bjba1 #hc percent of the total amount of harbor maintenance taxes received in fiscal year #bjbj4 7,h7 ,for fiscal year #bjbb1 #hg percent of the total amount of harbor maintenance taxes received in fiscal year #bjba4 7,i7 ,for fiscal year #bjbc1 #ia percent of the total amount of harbor maintenance taxes received in fiscal year #bjbb4 7,j7 ,for fiscal year #bjbd1 #ie percent of the total amount of harbor maintenance taxes received in fiscal year #bjbc4 7,k7 ,for fiscal year #bjbe1 and each fiscal year thereafter1 #ajj percent of the total amount of harbor maintenance taxes received in the previous fiscal year4 7#b7 ,use of amounts ,the total budget resources described in paragraph 7#a7 may be used only for making expenditures under section #ieje7;c7 of the ,internal ,revenue ,code of #aihf4 7c7 ,impact on other funds 7#a7 ,sense of ,congress ,it is the sense of ,congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the ,corps of ,engineers and not from reductions in the appropriations for other programs1 projects1 and activities carried out by the ,corps of ,engineers for other authorized purposes4 7#b7 ,application ,the target total budget resources for a fiscal year specified in subsection 7b77#a7 shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the ,corps of ,engineers in that fiscal year is increased1 as compared to the previous fiscal year1 by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year4 #bajb4 ,operation and maintenance of harbor projects 7a7 ,in general ,section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7 is amended by adding at the end the following3 7c7 ,operation and maintenance of harbor projects 7#a7 ,in general ,to the maximum extent practicable1 the ,secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection 7a77#b71 including expenditures of funds appropriated from the ,harbor ,maintenance ,trust ,fund1 based on an equitable allocation of funds among all such harbors and inland harbors4 7#b7 ,criteria 7,a7 ,in general ,in determining an equitable allocation of funds under paragraph 7#a71 the ,secretary shall-- 7i7 consider the information obtained in the assessment conducted under subsection 7e72 7ii7 consider the national and regional significance of harbor operations and maintenance2 and 7iii7 as appropriate1 consider national security and military readiness needs4 7,b7 ,limitation ,the ,secretary shall not allocate funds under paragraph 7#a7 based solely on the tonnage transiting through a harbor4 7#c7 ,emerging harbor projects ,notwithstanding any other provision of this subsection1 in making expenditures under paragraph 7#a7 for each of fiscal years #bjae through #bjbb1 the ,secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than #aj percent of the funds made available under this section for fiscal year #bjab to pay the costs described in subsection 7a77#b74 7#d7 ,management of ,great ,lakes navigation system ,to sustain effective and efficient operation and maintenance of the ,great ,lakes ,navigation ,system1 including any navigation feature in the ,great ,lakes that is a ,federal responsibility with respect to operation and maintenance1 the ,secretary shall manage all of the individually authorized projects in the ,great ,lakes ,navigation ,system as components of a single1 comprehensive system1 recognizing the interdependence of the projects4 7d7 ,prioritization 7#a7 ,priority 7,a7 ,in general ,for each of fiscal years #bjae through #bjbd1 if priority funds are available1 the ,secretary shall use the priority funds as follows3 7i7 #ij percent of the priority funds shall be used for high- and moderate-use harbor projects4 7ii7 #aj percent of the priority funds shall be used for emerging harbor projects4 7,b7 ,additional considerations ,for each of fiscal years #bjae through #bjbd1 of the priority funds available1 the ,secretary shall use-- 7i7 not less than #e percent of such funds for underserved harbor projects2 and 7ii7 not less than #aj percent of such funds for projects that are located within the ,great ,lakes ,navigation ,system4 7,c7 ,underserved harbors ,in determining which underserved harbor projects shall receive funds under this paragraph1 the ,secretary shall consider-- 7i7 the total quantity of commerce supported by the water body on which the project is located2 and 7ii7 the minimum width and depth that-- 7,i7 would be necessary at the underserved harbor project to provide sufficient clearance for fully loaded commercial vessels using the underserved harbor project to maneuver safely2 and 7,,ii7 does not exceed the constructed width and depth of the authorized navigation project4 7#b7 ,expanded uses 7,a7 ,definition of eligible harbor or inland harbor defined ,in this paragraph1 the term eligible harbor or inland harbor means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding #c fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the ,harbor ,maintenance ,trust ,fund during those #c fiscal years4 7,b7 ,use of expanded uses funds 7i7 ,fiscal years #bjae through #bjbd ,for each of fiscal years #bjae through #bjbd1 of the priority funds available1 the ,secretary shall use not less than #aj percent of such funds for expanded uses carried out at an eligible harbor or inland harbor4 7ii7 ,subsequent fiscal years ,for fiscal year #bjbe and each fiscal year thereafter1 the ,secretary shall use not less than #aj percent of the priority funds available for expanded uses carried out at an eligible harbor or inland harbor4 7,c7 ,prioritization ,in allocating funds under this paragraph1 the ,secretary shall give priority to projects at eligible harbors or inland harbors for which the difference1 calculated in dollars1 is greatest between-- 7i7 the total amount of funding made available for projects at that eligible harbor or inland harbor from the ,harbor ,maintenance ,trust ,fund in the immediately preceding #c fiscal years2 and 7ii7 the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding #c fiscal years4 7#c7 ,remaining funds 7,a7 ,in general ,for each of fiscal years #bjae through #bjbd1 if after fully funding all projects eligible for funding under paragraphs 7#a77;,b7 and 7#b77;,b77i71 priority funds made available under those paragraphs remain unobligated1 the ,secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection 7a77#b7 based on an equitable allocation of those funds among the harbors and inland harbors4 7,b7 ,criteria ,in determining an equitable allocation of funds under subparagraph 7,a71 the ,secretary shall-- 7i7 use the criteria specified in subsection 7c77#b77;,a72 and 7ii7 make amounts available in accordance with the requirements of paragraph 7#a77;,a74 7#d7 ,emergency expenditures ,nothing in this subsection prohibits the ,secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor1 including the transfer of funding from the operation and maintenance of a separate project1 if-- 7,a7 the ,secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event2 and 7,b7 the ,secretary provides within #ij days of the action notice and information on the need for the action to the ,committee on ,environment and ,public ,works and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives4 7e7 ,assessment of harbors and inland harbors 7#a7 ,in general ,not later than #bgj days after the date of enactment of this subsection1 and biennially thereafter1 the ,secretary shall assess the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection 7a77#b74 7#b7 ,assessment of harbor needs and activities 7,a7 ,total operation and maintenance needs of harbors ,in carrying out paragraph 7#a71 the ,secretary shall identify-- 7i7 the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection 7a77#b72 and 7ii7 the total expected costs for expanded uses at eligible harbors or inland harbors referred to in subsection 7d77#b74 7,b7 ,uses of harbors and inland harbors ,in carrying out paragraph 7#a71 the ,secretary shall identify current uses 7and1 to the extent practicable1 assess the national1 regional1 and local benefits of such uses7 of harbors and inland harbors referred to in subsection 7a77#b71 including the use of those harbors for-- 7i7 commercial navigation1 including the movement of goods2 7ii7 domestic trade2 7iii7 international trade2 7iv7 commercial fishing2 7v7 subsistence1 including use by ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 for subsistence and ceremonial purposes2 7vi7 use as a harbor of refuge2 7vii7 transportation of persons2 7viii7 purposes relating to domestic energy production1 including the fabrication1 servicing1 or supply of domestic offshore energy production facilities2 7ix7 activities of the ,secretary of the department in which the ,coast ,guard is operating2 7x7 activities of the ,secretary of the ,navy2 7xi7 public health and safety related equipment for responding to coastal and inland emergencies2 7xii7 recreation purposes2 and 7xiii7 other authorized purposes4 7#c7 ,report to ,congress 7,a7 ,in general ,for fiscal year #bjaf1 and biennially thereafter1 in conjunction with the ,president's annual budget submission to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works and the ,committee on ,appropriations of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,appropriations of the ,house of ,representatives a report that1 with respect to harbors and inland harbors referred to in subsection 7a77#b7-- 7i7 identifies the operation and maintenance costs associated with the harbors and inland harbors1 including those costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors1 on a project-by-project basis2 7ii7 identifies the amount of funding requested in the ,president's budget for the operation and maintenance costs associated with the harbors and inland harbors1 on a project-by-project basis2 7iii7 identifies the unmet operation and maintenance needs associated with the harbors and inland harbors1 on a project-by-project basis2 and 7iv7 identifies the harbors and inland harbors for which the ,president will allocate funding over the subsequent #e fiscal years for operation and maintenance activities1 on a project-by-project basis1 including the amounts to be allocated for such purposes4 7,b7 ,public availability ,the ,secretary shall make the report submitted under subparagraph 7,a7 available to the public1 including on the ,internet4 7f7 ,definitions ,in this section3 7#a7 ,constructed width and depth ,the term constructed width and depth means the width and depth to which a project has been constructed1 which may not exceed the authorized width and depth of the project4 7#b7 ,emerging harbor project ,the term emerging harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection 7a77#b7 that transits less than #a1jjj1jjj tons of cargo annually4 7#c7 ,expanded uses ,the term expanded uses means the following activities3 7,a7 ,the maintenance dredging of a berth in a harbor that is accessible to a ,federal navigation project and that benefits commercial navigation at the harbor4 7,b7 ,the maintenance dredging and disposal of legacy-contaminated sediment1 and sediment unsuitable for open water disposal1 if-- 7i7 such dredging and disposal benefits commercial navigation at the harbor2 and 7ii7 such sediment is located in and affects the maintenance of a ,federal navigation project or is located in a berth that is accessible to a ,federal navigation project4 7#d7 ,great lakes navigation system ,the term ,great ,lakes ,navigation ,system includes-- 7,a7 7i7 ,lake ,superior2 7ii7 ,lake ,huron2 7iii7 ,lake ,michigan2 7iv7 ,lake ,erie2 and 7v7 ,lake ,ontario2 7,b7 all connecting waters between the lakes referred to in subparagraph 7,a7 used for commercial navigation2 7,c7 any navigation features in the lakes referred to in subparagraph 7,a7 or waters described in subparagraph 7,b7 that are a ,federal operation or maintenance responsibility2 and 7,d7 areas of the ,saint ,lawrence ,river that are operated or maintained by the ,federal ,government for commercial navigation4 7#e7 ,harbor maintenance tax ,the term harbor maintenance tax means the amounts collected under section #ddfa of the ,internal ,revenue ,code of #aihf4 7#f7 ,high-use harbor project ,the term high-use harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection 7a77#b7 that transits not less than #aj1jjj1jjj tons of cargo annually4 7#g7 ,moderate-use harbor project ,the term moderate-use harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection 7a77#b7 that transits annually-- 7,a7 more than #a1jjj1jjj tons of cargo2 but 7,b7 less than #aj1jjj1jjj tons of cargo4 7#h7 ,priority funds ,the term priority funds means the difference between-- 7,a7 the total funds that are made available under this section to pay the costs described in subsection 7a77#b7 for a fiscal year2 and 7,b7 the total funds made available under this section to pay the costs described in subsection 7a77#b7 in fiscal year #bjab4 7#i7 ,underserved harbor project 7,a7 ,in general ,the term underserved harbor project means a project that is assigned to a harbor or inland harbor referred to in subsection 7a77#b7-- 7i7 that is a moderate-use harbor project or an emerging harbor project2 7ii7 that has been maintained at less than the constructed width and depth of the project during each of the preceding #f fiscal years2 and 7iii7 for which ,state and local investments in infrastructure have been made at those projects during the preceding #f fiscal years4 7,b7 ,administration ,for purposes of this paragraph1 ,state and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section #aje7;a77#i7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7;a77#i774 4 7b7 ,operation and maintenance ,section #aja7;b77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;b77#a77 is amended by striking #de feet and inserting #ej feet4 7c7 ,conforming amendment ,section #ieje7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking 7as in effect on the date of the enactment of the ,water ,resources ,development ,act of #aiif74 #bajc4 ,consolidation of deep draft navigation expertise ,section #bjcc7;e7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bbhb;a7e77 is amended by adding at the end the following3 7#c7 ,deep draft navigation planning center of expertise 7,a7 ,in general ,the ,secretary shall consolidate deep draft navigation expertise within the ,corps of ,engineers into a deep draft navigation planning center of expertise4 7,b7 ,list ,not later than #fj days after the date of the consolidation required under subparagraph 7,a71 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph 7,a74 4 #bajd4 ,remote and subsistence harbors ,section #bjjf of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bbdb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b7 by inserting or ,alaska after ,hawaii2 and 7,b7 in paragraph 7#b7-- 7i7 by striking community and inserting region2 and 7ii7 by inserting 1 as determined by the ,secretary1 including consideration of information provided by the non-,federal interest after improvement2 and 7#b7 by adding at the end the following3 7c7 ,prioritization ,projects recommended by the ,secretary under subsection 7a7 shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits4 7d7 ,disposition 7#a7 ,in general ,the ,secretary may carry out any project identified in the study carried out pursuant to subsection 7a7 in accordance with the criteria for projects carried out under the authority of the ,secretary under section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg74 7#b7 ,non-,federal interests ,in evaluating and implementing a project under this section1 the ,secretary shall allow a non-,federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section #ijc7;c7 of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #dahd74 7e7 ,annual report ,for a project that cannot be carried out under the authority specified in subsection 7d71 on a determination by the ,secretary of the feasibility of the project under subsection 7a71 the ,secretary may include a recommendation concerning the project in the annual report submitted to ,congress under section #gjja4 4 #baje4 ,arctic deep draft port development partnerships 7a7 ,in general ,the ,secretary may provide technical assistance to non-,federal public entities1 including ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 for the development1 construction1 operation1 and maintenance of channels1 harbors1 and related infrastructure associated with deep draft ports for purposes of dealing with ,arctic development and security needs4 7b7 ,acceptance of funds ,the ,secretary is authorized to accept and expend funds provided by non-,federal public entities1 including ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 to carry out the technical assistance activities described in subsection 7a74 7c7 ,limitation ,no assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the ,secretary that includes such terms and conditions as the ,secretary determines to be appropriate and in the public interest4 7d7 ,prioritization ,the ,secretary shall prioritize technical assistance provided under this section for ,arctic deep draft ports identified by the ,secretary1 the ,secretary of ,homeland ,security1 and the ,secretary of ,defense as important for ,arctic development and security4 #bajf4 ,additional measures at donor ports and energy transfer ports 7a7 ,definitions ,in this section3 7#a7 ,cargo container ,the term 8cargo container0 means a cargo container that is #a ,twenty-foot ,equivalent ,unit4 7#b7 ,donor port ,the term 8donor port0 means a port-- 7,a7 that is subject to the harbor maintenance fee under section #bd4bd of title #ai1 ,code of ,federal ,regulations 7or a successor regulation72 7,b7 at which the total amount of harbor maintenance taxes collected comprise not less than #ae1jjj1jjj annually of the total funding of the ,harbor ,maintenance ,trust ,fund established under section #ieje of the ,internal ,revenue ,code of #aihf2 7,c7 that received less than #be percent of the total amount of harbor maintenance taxes collected at that port in the previous #e fiscal years2 and 7,d7 that is located in a ,state in which more than #b1jjj1jjj cargo containers were unloaded from or loaded on to vessels in fiscal year #bjab4 7#c7 ,energy commodity ,the term energy commodity includes-- 7,a7 petroleum products2 7,b7 natural gas2 7,c7 coal2 7,d7 wind and solar energy components2 and 7,e7 biofuels4 7#d7 ,energy transfer port ,the term energy transfer port means a port-- 7,a7 that is subject to the harbor maintenance fee under section #bd4bd of title #ai1 ,code of ,federal ,regulation 7or any successor regulation72 and 7,b7 7i7 at which energy commodities comprised greater than #be percent of all commercial activity by tonnage in fiscal year #bjab2 and 7ii7 through which more than #dj1jjj1jjj tons of cargo were transported in fiscal year #bjab4 7#e7 ,expanded uses ,the term expanded uses has the meaning given the term in section #baj7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;f774 7#f7 ,harbor maintenance tax ,the term harbor maintenance tax has the meaning given the term in section #baj7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;f774 7b7 ,authority 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary may provide to donor ports and energy transfer ports amounts in accordance with this section4 7#b7 ,limitations ,amounts provided under this section-- 7,a7 for energy transfer ports shall be divided equally among all ,states with an energy transfer port2 and 7,b7 shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port4 7c7 ,use of funds ,amounts provided under this section may be used by a donor port or an energy transfer port-- 7#a7 to provide payments to importers entering cargo or shippers transporting cargo through that port1 as calculated by ,u4,s4 ,customs and ,border ,protection according to the amount of harbor maintenance taxes collected2 7#b7 for expanded uses2 or 7#c7 for environmental remediation related to dredging berths and ,federal navigation channels4 7d7 ,administration of payments ,if a donor port or an energy transfer port elects to provide payments to importers or shippers under subsection 7c71 the ,secretary shall transfer the amount that would otherwise be provided to the port under this section that is equal to those payments to the ,commissioner of ,u4,s4 ,customs and ,border ,protection to provide the payments to the importers or shippers4 7e7 ,report to ,congress 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary shall assess the impact of the authority provided by this section and submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report on the results of that assessment1 including any recommendations for amending or reauthorizing the authority4 7#b7 ,factors ,in carrying out the assessment under paragraph 7#a71 the ,secretary shall assess-- 7,a7 the impact of the amounts provided and used under this section on those ports that received funds under this section2 and 7,b7 any impact on domestic harbors and ports that did not receive funds under this section4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjae through #bjah4 7#b7 ,division between donor ports and energy transfer ports ,for each fiscal year1 amounts made available to carry out this section shall be provided in equal amounts to donor ports and energy transfer ports4 7#c7 ,additional appropriations ,if the target total budget resources under subparagraphs 7,a7 through 7,d7 of section #baja7;b77#a7 are met for each of fiscal years #bjae through #bjah1 there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjai through #bjbb4 #bajg4 ,preserving ,united ,states harbors 7a7 ,in general ,upon a request from a non-,federal interest1 the ,secretary shall review a report developed by the non-,federal interest that provides an economic justification for ,federal investment in the operation and maintenance of a federally authorized harbor or inland harbor 7referred to in this section as a federally authorized harbor74 7b7 ,justification of investment ,a report submitted under subsection 7a7 may provide for an economic justification of ,federal investment in the operation and maintenance of a federally authorized harbor based on-- 7#a7 the projected economic benefits1 including transportation savings and job creation2 and 7#b7 other factors1 including navigation safety1 national security1 and sustainability of subsistence harbors4 7c7 ,written response ,not later than #ahj days after the date on which the ,secretary receives a report under subsection 7a71 the ,secretary shall provide to the non-,federal interest a written response to the report1 including an assessment of the information provided by the non-,federal interest4 7d7 ,prioritization ,as the ,secretary determines to be appropriate1 the ,secretary may use the information provided in the report under subsection 7a7 to justify additional operation and maintenance funding for a federally authorized harbor in accordance with section #aja7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;b774 7e7 ,limitation on statutory construction ,nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section #aja7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;b774 ,,iii ,safety ,improvements and ,addressing ,extreme ,weather ,events ,a ,dam ,safety #cjja4 ,dam ,safety 7a7 ,administrator 7#a7 ,in general ,the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg et seq47 is amended by striking ,director each place it appears and inserting ,administrator4 7#b7 ,conforming amendment ,section #b of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg7 is amended-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,c7 by inserting before paragraph 7#b7 7as redesignated by subparagraph 7,b77 the following3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 4 7b7 ,inspection of dams ,section #c7;b77#a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;a7b77#a77 is amended by striking or maintenance and inserting maintenance1 condition1 or provisions for emergency operations4 7c7 ,national ,dam ,safety ,program 7#a7 ,objectives ,section #h7;c7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f7c77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for1 mitigating1 responding to1 and recovering from dam incidents2 4 7#b7 ,board ,section #h7;f77#d7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f7f77#d77 is amended by inserting 1 representatives from nongovernmental organizations1 after ,state agencies4 7d7 ,public awareness and outreach for dam safety ,the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg et seq47 is amended-- 7#a7 by redesignating sections #aa1 #ab1 and #ac as sections #ab1 #ac1 and #ad1 respectively2 and 7#b7 by inserting after section #aj 7#cc ,u4,s4,c4 #dfg;g-#a7 the following3 #aa4 ,public awareness and outreach for dam safety ,the ,administrator1 in consultation with other ,federal agencies1 ,state and local governments1 dam owners1 the emergency management community1 the private sector1 nongovernmental organizations and associations1 institutions of higher education1 and any other appropriate entities shall1 subject to the availability of appropriations1 carry out a nationwide public awareness and outreach initiative to assist the public in preparing for1 mitigating1 responding to1 and recovering from dam incidents4 4 7e7 ,authorization of appropriations 7#a7 ,national ,dam ,safety ,program 7,a7 ,annual amounts ,section #ad7;a77#a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7a77#a77 7as so redesignated7 is amended by striking #f1ejj1jjj and all that follows through #bjaa and inserting #i1bjj1jjj for each of fiscal years #bjae through #bjai4 7,b7 ,maximum amount of allocation ,section #ad7;a77#b77;,b7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7a77#b77;,b77 7as so redesignated7 is amended-- 7i7 by striking ,the amount and inserting the following3 7i7 ,in general ,the amount 2 and 7ii7 by adding at the end the following3 7ii7 ,fiscal year #bjae and subsequent fiscal years ,for fiscal year #bjae and each subsequent fiscal year1 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 activities4 4 7#b7 ,national dam inventory ,section #ad7;b7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7b77 7as so redesignated7 is amended by striking #fej1jjj and all that follows through #bjaa and inserting #ejj1jjj for each of fiscal years #bjae through #bjai4 7#c7 ,public awareness ,section #ad of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7 7as so redesignated7 is amended-- 7,a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,public awareness ,there is authorized to be appropriated to carry out section #aa #a1jjj1jjj for each of fiscal years #bjae through #bjai4 4 7#d7 ,research ,section #ad7;d7 of the ,national ,dam ,safety ,program ,act 7as so redesignated7 is amended by striking #a1fjj1jjj and all that follows through #bjaa and inserting #a1dej1jjj for each of fiscal years #bjae through #bjai4 7#e7 ,dam safety training ,section #ad7;e7 of the ,national ,dam ,safety ,program ,act 7as so redesignated7 is amended by striking #eej1jjj and all that follows through #bjaa and inserting #gej1jjj for each of fiscal years #bjae through #bjai4 7#f7 ,staff ,section #ad7;f7 of the ,national ,dam ,safety ,program ,act 7as so redesignated7 is amended by striking #gjj1jjj and all that follows through #bjaa and inserting #a1jjj1jjj for each of fiscal years #bjae through #bjai4 7f7 ,technical amendment ,section #ad7;a77#a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;j7a77#a77 7as so redesignated7 is amended by striking sections #g1 #h1 and #aa and inserting sections #g1 #h1 and #ab4 ,b ,levee safety #cjaa4 ,systemwide improvement framework ,a levee system shall remain eligible for rehabilitation assistance under the authority provided by section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7 as long as the levee system sponsor continues to make satisfactory progress1 as determined by the ,secretary1 on an approved systemwide improvement framework or letter of intent4 #cjab4 ,management of flood risk reduction projects 7a7 ,in general ,if #b or more flood control projects are located within the same geographic area1 the ,secretary shall1 at the request of the non-,federal interests for the affected projects1 consider those projects as a single program for budgetary or project management purposes1 if the ,secretary determines that doing so would not be incompatible with the authorized project purposes4 7b7 ,cost share 7#a7 ,in general ,if any work on a project to which subsection 7a7 applies is required solely because of impacts to that project from a navigation project1 the cost of carrying out that work shall be shared in accordance with the cost-sharing requirements for the navigation project4 7#b7 ,use of amounts ,work described in paragraph 7#a7 may be carried out using amounts made available under subsection 7a74 #cjac4 ,vegetation management policy 7a7 ,definition of guidelines ,in this section1 the term guidelines means the ,corps of ,engineers policy guidelines for management of vegetation on levees1 including-- 7#a7 ,engineering ,technical ,letter #aaaj-b-ega entitled ,guidelines for ,landscape ,planting and ,vegetation ,management at ,levees1 ,floodwalls1 ,embankment ,dams1 and ,appurtenant ,structures and adopted ,april #aj1 #bjji2 and 7#b7 the draft policy guidance letter entitled ,process for ,requesting a ,variance from ,vegetation ,standards for ,levees and ,floodwalls 7#gg ,fed4 ,reg4 #ifcg 7,feb4 #ag1 #bjab774 7b7 ,review ,the ,secretary shall carry out a comprehensive review of the guidelines in order to determine whether current ,federal policy relating to levee vegetation is appropriate for all regions of the ,united ,states4 7c7 ,factors 7#a7 ,in general ,in carrying out the review1 the ,secretary shall consider-- 7,a7 the varied interests and responsibilities in managing flood risks1 including the need-- 7i7 to provide the greatest benefits for public safety with limited resources2 and 7ii7 to ensure that levee safety investments minimize environmental impacts and provide corresponding public safety benefits2 7,b7 the levee safety benefits that can be provided by woody vegetation2 7,c7 the preservation1 protection1 and enhancement of natural resources1 including-- 7i7 the benefit of vegetation on levees in providing habitat for species of concern1 including endangered1 threatened1 and candidate species2 and 7ii7 the impact of removing levee vegetation on compliance with other regulatory requirements2 7,d7 protecting the rights of ,indian tribes pursuant to treaties and statutes2 7,e7 determining how vegetation impacts the performance of a levee or levee system during a storm or flood event2 7,f7 the available science and the historical record regarding the link between vegetation on levees and flood risk2 7,g7 the avoidance of actions requiring significant economic costs and environmental impacts2 and 7,h7 other factors relating to the factors described in subparagraphs 7,a7 through 7,f7 identified in public comments that the ,secretary determines to be appropriate4 7#b7 ,variance considerations 7,a7 ,in general ,in carrying out the review1 the ,secretary shall specifically consider factors that promote and allow for consideration of variances from guidelines on a ,statewide1 tribal1 regional1 or watershed basis1 including variances based on-- 7i7 regional or watershed soil conditions2 7ii7 hydrologic factors2 7iii7 vegetation patterns and characteristics2 7iv7 environmental resources1 including endangered1 threatened1 or candidate species and related regulatory requirements2 7v7 levee performance history1 including historical information on original construction and subsequent operation and maintenance activities2 7vi7 any effects on water supply2 7vii7 any scientific evidence on the link between levee vegetation and levee safety2 7viii7 institutional considerations1 including implementation challenges and conflicts with or violations of ,federal or ,state environmental laws2 7ix7 the availability of limited funds for levee construction and rehabilitation2 7x7 the economic and environmental costs of removing woody vegetation on levees2 and 7xi7 other relevant factors identified in public comments that the ,secretary determines to be appropriate4 7,b7 ,scope ,the scope of a variance approved by the ,secretary may include a complete exemption to guidelines1 if appropriate4 7d7 ,cooperation and consultation2 recommendations 7#a7 ,in general ,the ,secretary shall carry out the review under this section in consultation with other applicable ,federal agencies1 representatives of ,state1 regional1 local1 and tribal governments1 appropriate nongovernmental organizations1 and the public4 7#b7 ,recommendations 7,a7 ,regional ,integration ,teams ,corps of ,engineers ,regional ,integration ,teams1 representing districts1 divisions1 and headquarters1 in consultation with ,state and ,federal resource agencies1 and with participation by local agencies1 shall submit to the ,secretary any recommendations for vegetation management policies for levees that conform with ,federal and ,state laws and other applicable requirements1 including recommendations relating to the review of guidelines under subsection 7b7 and the consideration of variances under subsection 7c77#b74 7,b7 ,state1 tribal1 regional1 and local entities ,the ,secretary shall consider and accept recommendations from any ,state1 tribal1 regional1 or local entity for vegetation management policies for levees that conform with ,federal and ,state laws and other applicable requirements1 including recommendations relating to the review of guidelines under subsection 7b7 and the consideration of variances under subsection 7c77#b74 7e7 ,independent consultation 7#a7 ,in general ,as part of the review1 the ,secretary shall solicit and consider the views of independent experts on the engineering1 environmental1 and institutional considerations underlying the guidelines1 including the factors described in subsection 7c7 and any information obtained by the ,secretary under subsection 7d74 7#b7 ,availability of views ,the views of the independent experts obtained under paragraph 7#a7 shall be-- 7,a7 made available to the public2 and 7,b7 included in supporting materials issued in connection with the revised guidelines required under subsection 7f74 7f7 ,revision of guidelines 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 revise the guidelines based on the results of the review1 including-- 7i7 recommendations received as part of the consultation described in subsection 7d77#a72 and 7ii7 the views received under subsection 7e72 7,b7 provide the public not less than #cj days to review and comment on draft guidelines before issuing final guidelines2 and 7,c7 submit to ,congress and make publicly available a report that contains a summary of the activities of the ,secretary and a description of the findings of the ,secretary under this section4 7#b7 ,content2 incorporation into manual ,the revised guidelines shall-- 7,a7 provide a practical1 flexible process for approving ,statewide1 tribal1 regional1 or watershed variances from the guidelines that-- 7i7 reflect due consideration of the factors described in subsection 7c72 and 7ii7 incorporate ,state1 tribal1 and regional vegetation management guidelines for specific areas that-- 7,i7 are consistent with the guidelines2 and 7,,ii7 have been adopted through a formal public process2 and 7,b7 be incorporated into the manual proposed under section #e7;c7 of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7c774 7#c7 ,failure to meet deadlines ,if the ,secretary fails to submit a report by the required deadline under this subsection1 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-- 7,a7 why the deadline was missed2 7,b7 solutions needed to meet the deadline2 and 7,c7 a projected date for submission of the report4 7g7 ,interim actions 7#a7 ,in general ,until the date on which revisions to the guidelines are adopted in accordance with subsection 7f71 the ,secretary shall not require the removal of existing vegetation as a condition or requirement for any approval or funding of a project1 or any other action1 unless the specific vegetation has been demonstrated to present an unacceptable safety risk4 7#b7 ,revisions ,beginning on the date on which the revisions to the guidelines are adopted in accordance with subsection 7f71 the ,secretary shall reconsider1 on request of an affected entity1 any previous action of the ,corps of ,engineers in which the outcome was affected by the former guidelines4 #cjad4 ,levee certifications 7a7 ,implementation of flood protection structure accreditation task force ,in carrying out section #ajjbbf of ,public ,law #aab-ada 7#db ,u4,s4,c4 #daja note2 #abf ,stat4 #idb71 the ,secretary shall-- 7#a7 ensure that at least #a program activity carried out under the inspection of completed works program of the ,corps of ,engineers provides adequate information to the ,secretary to reach a levee accreditation decision under section #fe4aj of title #dd1 ,code of ,federal ,regulations 7or successor regulation72 and 7#b7 to the maximum extent practicable1 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 #a of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq474 7b7 ,accelerated levee system evaluations 7#a7 ,in general ,on receipt of a request from a non-,federal interest1 the ,secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter #a of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq47 if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection 7a74 7#b7 ,requirements ,a levee system evaluation under paragraph 7#a7 shall-- 7,a7 at a minimum1 comply with section #fe4aj of title #dd1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 and 7,b7 be carried out in accordance with such procedures as the ,secretary1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 may establish4 7#c7 ,funding 7,a7 ,in general ,the ,secretary may use amounts made available under section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7 to carry out this subsection4 7,b7 ,cost share ,the ,secretary shall apply the cost share under section #bb7;b7 of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7;b77 to any activities carried out under this subsection4 #cjae4 ,planning assistance to ,states ,section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting or other non-,federal interest working with a ,state after cooperate with any ,state2 and 7ii7 by inserting 1 including plans to comprehensively address water resources challenges1 after of such ,state2 and 7,b7 in paragraph 7#b77;,a71 by striking 1 at ,federal expense12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking subsection 7a77#a7 each place it appears and inserting subsection 7a72 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,contributed funds ,the ,secretary may accept and expend funds in excess of the fees established under paragraph 7#a7 that are provided by a ,state or other non-,federal interest for assistance under this section4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #aj1jjj1jjj and inserting #cj1jjj1jjj2 and 7ii7 by striking #b1jjj1jjj and inserting #e1jjj1jjj in ,federal funds2 and 7,b7 in paragraph 7#b71 by striking #e1jjj1jjj and inserting #ae1jjj1jjj4 #cjaf4 ,levee safety 7a7 ,purposes ,section #ijja of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccja note7 is amended-- 7#a7 in the section heading1 by inserting 2 ,purposes after title2 7#b7 by striking ,this title and inserting the following3 7a7 ,short title ,this title 2 and 7#c7 by adding at the end the following3 7b7 ,purposes ,the purposes of this title are-- 7#a7 to ensure that human lives and property that are protected by new and existing levees are safe2 7#b7 to encourage the use of appropriate engineering policies1 procedures1 and technical practices for levee site investigation1 design1 construction1 operation and maintenance1 inspection1 assessment1 and emergency preparedness2 7#c7 to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs and provide information2 7#d7 to build public awareness of the residual risks associated with living in levee protected areas2 7#e7 to develop technical assistance materials1 seminars1 and guidelines to improve the security of levees of the ,united ,states2 and 7#f7 to encourage the establishment of effective ,state and tribal levee safety programs4 4 7b7 ,definitions ,section #ijjb of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccja7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 and 7#f71 as paragraphs 7#c71 7#f71 7#g71 7#ad71 7#ae71 and 7#af71 respectively2 7#b7 by inserting before paragraph 7#c7 7as redesignated by paragraph 7#a77 the following3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,canal structure 7,a7 ,in general ,the term canal structure means an embankment1 wall1 or structure along a canal or manmade watercourse that-- 7i7 constrains water flows2 7ii7 is subject to frequent water loading2 and 7iii7 is an integral part of a flood risk reduction system that protects the leveed area from flood waters associated with hurricanes1 precipitation events1 seasonal high water1 and other weather-related events4 7,b7 ,exclusion ,the term canal structure does not include a barrier across a watercourse4 2 7#c7 by inserting after paragraph 7#c7 7as redesignated by paragraph 7#a77 the following3 7#d7 ,floodplain management ,the term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 2 and 7#d7 by striking paragraph 7#g7 7as redesignated by paragraph 7#a77 and inserting the following3 7#g7 ,levee 7,a7 ,in general ,the term levee means a manmade barrier 7such as an embankment1 floodwall1 or other structure7-- 7i7 the primary purpose of which is to provide hurricane1 storm1 or flood protection relating to seasonal high water1 storm surges1 precipitation1 or other weather events2 and 7ii7 that is normally subject to water loading for only a few days or weeks during a calendar year4 7,b7 ,inclusions ,the term levee includes a levee system1 including-- 7i7 levees and canal structures that-- 7,i7 constrain water flows2 7,,ii7 are subject to more frequent water loading2 and 7,,iii7 do not constitute a barrier across a watercourse2 and 7ii7 roadway and railroad embankments1 but only to the extent that the embankments are integral to the performance of a flood damage reduction system4 7,c7 ,exclusions ,the term levee does not include-- 7i7 a roadway or railroad embankment that is not integral to the performance of a flood damage reduction system2 7ii7 a canal constructed completely within natural ground without any manmade structure 7such as an embankment or retaining wall to retain water or a case in which water is retained only by natural ground72 7iii7 a canal regulated by a ,federal or ,state agency in a manner that ensures that applicable ,federal safety criteria are met2 7iv7 a levee or canal structure-- 7,i7 that is not a part of a ,federal flood damage reduction system2 7,,ii7 that is not recognized under the ,national ,flood ,insurance ,program as providing protection from the #a-percent-annual-chance or greater flood2 7,,iii7 that is not greater than #c feet high2 7,,iv7 the population in the leveed area of which is less than #ej individuals2 and 7,v7 the leveed area of which is less than #a1jjj acres2 or 7v7 any shoreline protection or river bank protection system 7such as revetments or barrier islands74 7#h7 ,levee feature ,the term levee feature means a structure that is critical to the functioning of a levee1 including-- 7,a7 an embankment section2 7,b7 a floodwall section2 7,c7 a closure structure2 7,d7 a pumping station2 7,e7 an interior drainage work2 and 7,f7 a flood damage reduction channel4 7#i7 ,levee system ,the term levee system means #a or more levee segments1 including all levee features that are interconnected and necessary to ensure protection of the associated leveed areas-- 7,a7 that collectively provide flood damage reduction to a defined area2 and 7,b7 the failure of #a of which may result in the failure of the entire system4 7#aj7 ,national levee database ,the term national levee database means the levee database established under section #ijjd4 7#aa7 ,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 ,secretary4 7#ab7 ,rehabilitation ,the term rehabilitation means the repair1 replacement1 reconstruction1 removal of a levee1 or reconfiguration of a levee system1 including a setback levee1 that is carried out to reduce flood risk or meet national levee safety guidelines4 7#ac7 ,risk ,the term risk means a measure of the probability and severity of undesirable consequences4 4 7c7 ,committee on ,levee ,safety ,section #ijjc of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,nonvoting members ,the following #b nonvoting members3 7,a7 ,the ,secretary 7or a designee of the ,secretary74 7,b7 ,the ,administrator 7or a designee of the ,administrator74 2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7,c7 in paragraph 7#b7 7as redesignated by subparagraph 7,b77 by inserting voting after #ad2 7#b7 by redesignating subsection 7g7 as subsection 7h72 and 7#c7 by striking subsections 7c7 through 7f7 and inserting the following3 7c7 ,administration 7#a7 ,terms of voting members 7,a7 ,in general ,a voting member of the committee shall be appointed for a term of #c years1 except that1 of the members first appointed-- 7i7 #e shall be appointed for a term of #a year2 7ii7 #e shall be appointed for a term of #b years2 and 7iii7 #d shall be appointed for a term of #c years4 7,b7 ,reappointment ,a voting member of the committee may be reappointed to the committee1 as the ,secretary determines to be appropriate4 7,c7 ,vacancies ,a vacancy on the committee shall be filled in the same manner as the original appointment was made4 7#b7 ,chairperson 7,a7 ,in general ,the voting members of the committee shall appoint a chairperson from among the voting members of the committee4 7,b7 ,term ,the chairperson shall serve a term of not more than #b years4 7d7 ,standing committees 7#a7 ,in general ,the committee may establish standing committees comprised of volunteers from all levels of government and the private sector1 to advise the committee regarding specific levee safety issues1 including participating programs1 technical issues1 public education and awareness1 and safety and the environment4 7#b7 ,membership ,the committee shall recommend to the ,secretary for approval individuals for membership on the standing committees4 7e7 ,duties and powers ,the committee-- 7#a7 shall submit to the ,secretary and ,congress an annual report regarding the effectiveness of the levee safety initiative in accordance with section #ijjf2 and 7#b7 may secure from other ,federal agencies such services1 and enter into such contracts1 as the committee determines to be necessary to carry out this subsection4 7f7 ,task force coordination ,the committee shall1 to the maximum extent practicable1 coordinate the activities of the committee with the ,federal ,interagency ,floodplain ,management ,task ,force4 7g7 ,compensation 7#a7 ,federal employees ,each member of the committee who is an officer or employee of the ,united ,states-- 7,a7 shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the ,united ,states2 but 7,b7 shall be allowed a per diem allowance for travel expenses1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the committee4 7#b7 ,non-,federal employees ,to the extent amounts are made available to carry out this section in appropriations ,acts1 the ,secretary shall provide to each member of the committee who is not an officer or employee of the ,united ,states a stipend and a per diem allowance for travel expenses1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in performance of services for the committee4 7#c7 ,standing committee members ,each member of a standing committee shall serve in a voluntary capacity4 4 7d7 ,inventory of levees ,section #ijjd of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc7 is amended-- 7#a7 in subsection 7a77#b77;,a7 by striking 8and1 for non-,federal levees1 such information on levee location as is provided to the ,secretary by ,state and local governmental agencies0 and inserting 8and updated levee information provided by ,states1 ,indian tribes1 ,federal agencies1 and other entities02 and 7#b7 by adding at the end the following3 7c7 ,levee review 7#a7 ,in general ,the ,secretary shall carry out a one-time inventory and review of all levees identified in the national levee database4 7#b7 ,no ,federal interest ,the inventory and inspection under paragraph 7#a7 does not create a ,federal interest in the construction1 operation1 or maintenance of any levee that is included in the inventory or inspected under this subsection4 7#c7 ,review criteria ,in carrying out the inventory and review1 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 inspection4 7#d7 ,state and tribal participation ,at the request of a ,state or ,indian tribe with respect to any levee subject to review under this subsection1 the ,secretary shall-- 7,a7 allow an official of the ,state or ,indian tribe to participate in the review of the levee2 and 7,b7 provide information to the ,state or ,indian tribe relating to the location1 construction1 operation1 or maintenance of the levee4 7#e7 ,exceptions ,in carrying out the inventory and review under this subsection1 the ,secretary shall not be required to review any levee that has been inspected by a ,state or ,indian tribe using the same methodology described in paragraph 7#c7 during the #a-year period immediately preceding the date of enactment of this subsection if the ,governor of the ,state or chief executive of the tribal government1 as applicable1 requests an exemption from the review4 4 7e7 ,levee safety initiative 7#a7 ,in general ,sections #ijje and #ijjf of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjd1 #ccje7 are redesignated as sections #ijjg and #ijjh1 respectively4 7#b7 ,levee safety initiative ,title ,,ix of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccja et seq47 is amended by inserting after section #ijjd the following3 #ijje4 ,levee safety initiative 7a7 ,establishment ,the ,secretary1 in consultation with the ,administrator1 shall carry out a levee safety initiative4 7b7 ,management ,the ,secretary shall appoint-- 7#a7 an administrator of the levee safety initiative2 and 7#b7 such staff as are necessary to implement the initiative4 7c7 ,levee safety guidelines 7#a7 ,establishment ,not later than #a year after the date of enactment of this subsection1 the ,secretary1 in consultation with the ,administrator and in coordination with ,state1 local1 and tribal governments and organizations with expertise in levee safety1 shall establish a set of voluntary1 comprehensive1 national levee safety guidelines that-- 7,a7 are available for common1 uniform use by all ,federal1 ,state1 tribal1 and local agencies2 7,b7 incorporate policies1 procedures1 standards1 and criteria for a range of levee types1 canal structures1 and related facilities and features2 and 7,c7 provide for adaptation to local1 regional1 or watershed conditions4 7#b7 ,requirement ,the policies1 procedures1 standards1 and criteria under paragraph 7#a77;,b7 shall be developed taking into consideration the levee hazard potential classification system established under subsection 7d74 7#c7 ,incorporation ,the guidelines shall address1 to the maximum extent practicable-- 7,a7 the activities and practices carried out by ,state1 local1 and tribal governments1 and the private sector to safely build1 regulate1 operate1 and maintain levees2 and 7,b7 ,federal activities that facilitate ,state efforts to develop and implement effective ,state programs for the safety of levees1 including levee inspection1 levee rehabilitation1 locally developed floodplain management1 and public education and training programs4 7#d7 ,consideration by ,federal agencies ,to the maximum extent practicable1 all ,federal agencies shall consider the levee safety guidelines in carrying out activities relating to the management of levees4 7#e7 ,public comment ,prior to finalizing the guidelines under this subsection1 the ,secretary shall-- 7,a7 issue draft guidelines for public comment1 including comment by ,states1 non-,federal interests1 and other appropriate stakeholders2 and 7,b7 consider any comments received in the development of final guidelines4 7d7 ,hazard potential classification system 7#a7 ,establishment ,the ,secretary shall establish a hazard potential classification system for use under the levee safety initiative and participating programs4 7#b7 ,revision ,the ,secretary shall review and1 as necessary1 revise the hazard potential classification system not less frequently than once every #e years4 7#c7 ,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 ,engineers4 7e7 ,technical assistance and materials 7#a7 ,establishment ,the ,secretary1 in consultation with the ,administrator1 shall provide technical assistance and training to promote levee safety and assist ,states1 communities1 and levee owners in-- 7,a7 developing levee safety programs2 7,b7 identifying and reducing flood risks associated with levees2 7,c7 identifying local actions that may be carried out to reduce flood risks in leveed areas2 and 7,d7 rehabilitating1 improving1 replacing1 reconfiguring1 modifying1 and removing levees and levee systems4 7#b7 ,eligibility ,to be eligible to receive technical assistance under this subsection1 a ,state shall-- 7,a7 be in the process of establishing or have in effect a ,state levee safety program under which a ,state levee safety agency1 in accordance with ,state law1 carries out the guidelines established under subsection 7c77#a72 and 7,b7 allocate sufficient funds in the budget of that ,state to carry out that ,state levee safety program4 7#c7 ,work plans ,the ,secretary shall enter into an agreement with each ,state receiving technical assistance under this subsection to develop a work plan necessary for the ,state levee safety program of that ,state to reach a level of program performance that meets the guidelines established under subsection 7c77#a74 7f7 ,public education and awareness 7#a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall carry out public education and awareness efforts relating to the levee safety initiative4 7#b7 ,contents ,in carrying out the efforts under paragraph 7#a71 the ,secretary and the ,administrator shall-- 7,a7 educate individuals living in leveed areas regarding the risks of living in those areas2 and 7,b7 promote consistency in the transmission of information regarding levees among ,federal agencies and regarding risk communication at the ,state and local levels4 7g7 ,state and tribal levee safety program 7#a7 ,guidelines 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 in consultation with the ,administrator1 the ,secretary shall issue guidelines that establish the minimum components necessary for recognition of a ,state or tribal levee safety program as a participating program4 7,b7 ,guideline contents ,the guidelines under subparagraph 7,a7 shall include provisions and procedures requiring each participating ,state and ,indian tribe to certify to the ,secretary that the ,state or ,indian tribe1 as applicable-- 7i7 has the authority to participate in the levee safety initiative2 7ii7 can receive funds under this title2 7iii7 has adopted any levee safety guidelines developed under this title2 7iv7 will carry out levee inspections2 7v7 will carry out1 consistent with applicable requirements1 flood risk management and any emergency action planning procedures the ,secretary determines to be necessary relating to levees2 7vi7 will carry out public education and awareness activities consistent with the efforts carried out under subsection 7f72 and 7vii7 will collect and share information regarding the location and condition of levees1 including for inclusion in the national levee database4 7,c7 ,public comment ,prior to finalizing the guidelines under this paragraph1 the ,secretary shall-- 7i7 issue draft guidelines for public comment2 and 7ii7 consider any comments received in the development of final guidelines4 7#b7 ,assistance to ,states 7,a7 ,establishment ,the ,administrator may provide assistance1 subject to the availability of funding specified in appropriations ,acts for ,federal ,emergency ,management ,agency activities pursuant to this title and subject to amounts available under subparagraph 7,e71 to ,states and ,indian tribes in establishing participating programs1 conducting levee inventories1 and improving levee safety programs in accordance with subparagraph 7,b74 7,b7 ,requirements ,to be eligible to receive assistance under this section1 a ,state or ,indian tribe shall-- 7i7 meet the requirements of a participating program established by the guidelines issued under paragraph 7#a72 7ii7 use not less than #be percent of any amounts received to identify and assess non-,federal levees within the ,state or on land of the ,indian tribe2 7iii7 submit to the ,secretary and ,administrator any information collected by the ,state or ,indian tribe in carrying out this subsection for inclusion in the national levee safety database2 and 7iv7 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 ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7,c7 ,measures to assess effectiveness 7i7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,administrator shall implement quantifiable performance measures and metrics to assess the effectiveness of the assistance provided in accordance with subparagraph 7,a74 7ii7 ,considerations ,in assessing the effectiveness of assistance under clause 7i71 the ,administrator shall consider the degree to which the ,state or tribal program-- 7,i7 ensures that human lives and property that are protected by new and existing levees are safe2 7,,ii7 encourages the use of appropriate engineering policies1 procedures1 and technical practices for levee site investigation1 design1 construction1 operation and maintenance1 inspection1 assessment1 and emergency preparedness2 7,,iii7 develops and supports public education and awareness projects to increase public acceptance and support of levee safety programs and provide information2 7,,iv7 builds public awareness of the residual risks associated with living in levee protected areas2 and 7,v7 develops technical assistance materials1 seminars1 and guidelines to improve the security of levees of the ,united ,states4 7,d7 ,maintenance of effort ,technical assistance or grants may not be provided to a ,state under this subsection during a fiscal year unless the ,state enters into an agreement with the ,administrator to ensure that the ,state will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that equal or exceed the average annual level of such expenditures for the ,state for the #b fiscal years preceding that fiscal year4 7,e7 ,authorization of appropriations 7i7 ,in general ,there is authorized to be appropriated to the ,administrator to carry out this subsection #be1jjj1jjj for each of fiscal years #bjae through #bjai4 7ii7 ,allocation ,for each fiscal year1 amounts made available under this subparagraph shall be allocated among the ,states and ,indian tribes as follows3 7,i7 #a_/c among ,states and ,indian tribes that qualify for assistance under this subsection4 7,,ii7 #b_/c among ,states and ,indian tribes that qualify for assistance under this subsection1 to each such ,state or ,indian tribe in the proportion that-- 7aa7 the miles of levees in the ,state or on the land of the ,indian tribe that are listed on the inventory of levees2 bears to 7bb7 the miles of levees in all ,states and on the land of all ,indian tribes that are in the national levee database4 7iii7 ,maximum ,amount of ,allocation ,the amounts allocated to a ,state or ,indian tribe under this subparagraph shall not exceed #ej percent of the reasonable cost of implementing the ,state or tribal levee safety program4 7,f7 ,prohibition ,no amounts made available to the ,administrator under this title shall be used for levee construction1 rehabilitation1 repair1 operations1 or maintenance4 7h7 ,levee rehabilitation assistance program 7#a7 ,establishment ,the ,secretary shall provide assistance to ,states1 ,indian tribes1 and local governments relating to addressing flood mitigation activities that result in an overall reduction in flood risk4 7#b7 ,requirements ,to be eligible to receive assistance under this subsection1 a ,state1 ,indian tribe1 or local government shall-- 7,a7 participate in1 and comply with1 all applicable ,federal floodplain management and flood insurance programs2 7,b7 have in place a hazard mitigation plan that-- 7i7 includes all levee risks2 and 7ii7 complies with the ,disaster ,mitigation ,act of #bjjj 7,public ,law #ajf-cij2 #aad ,stat4 #aeeb72 7,c7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require2 7,d7 commit to provide normal operation and maintenance of the project for the #ej year-period following completion of rehabilitation2 and 7,e7 comply with such minimum eligibility requirements as the ,secretary1 in consultation with the committee1 may establish to ensure that each owner and operator of a levee under a participating ,state or tribal levee safety program-- 7i7 acts in accordance with the guidelines developed under subsection 7c72 and 7ii7 carries out activities relating to the public in the leveed area in accordance with the hazard mitigation plan described in subparagraph 7,b74 7#c7 ,floodplain management plans 7,a7 ,in general ,not later than #a year after the date of execution of a project agreement for assistance under this subsection1 a ,state1 ,indian tribe1 or local government shall prepare a floodplain management plan in accordance with the guidelines under subparagraph 7,d7 to reduce the impacts of future flood events in each applicable leveed area4 7,b7 ,inclusions ,a plan under subparagraph 7,a7 shall address-- 7i7 potential measures1 practices1 and policies to reduce loss of life1 injuries1 damage to property and facilities1 public expenditures1 and other adverse impacts of flooding in each applicable leveed area2 7ii7 plans for flood fighting and evacuation2 and 7iii7 public education and awareness of flood risks4 7,c7 ,implementation ,not later than #a year after the date of completion of construction of the applicable project1 a floodplain management plan prepared under subparagraph 7,a7 shall be implemented4 7,d7 ,guidelines ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary1 in consultation with the ,administrator1 shall develop such guidelines for the preparation of floodplain management plans prepared under this paragraph as the ,secretary determines to be appropriate4 7,e7 ,technical support ,the ,secretary may provide technical support for the development and implementation of floodplain management plans prepared under this paragraph4 7#d7 ,use of funds 7,a7 ,in general ,assistance provided under this subsection may be used-- 7i7 for any rehabilitation activity to maximize overall risk reduction associated with a levee under a participating ,state or tribal levee safety program2 and 7ii7 only for a levee that is not federally operated and maintained4 7,b7 ,prohibition ,assistance provided under this subsection shall not be used-- 7i7 to perform routine operation or maintenance for a levee2 or 7ii7 to make any modification to a levee that does not result in an improvement to public safety4 7#e7 ,no proprietary interest ,a contract for assistance provided under this subsection shall not be considered to confer any proprietary interest on the ,united ,states4 7#f7 ,cost share ,the maximum ,federal share of the cost of any assistance provided under this subsection shall be #fe percent4 7#g7 ,project limit ,the maximum amount of ,federal assistance for a project under this subsection shall be #aj1jjj1jjj4 7#h7 ,limitation ,a project shall not receive ,federal assistance under this subsection more than #a time4 7#i7 ,federal interest ,for a project that is not a project eligible for rehabilitation assistance under section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan71 the ,secretary shall determine that the proposed rehabilitation is in the ,federal interest prior to providing assistance for such rehabilitation4 7#aj7 ,other laws ,assistance provided under this subsection shall be subject to all applicable laws 7including regulations7 that apply to the construction of a civil works project of the ,corps of ,engineers4 7i7 ,effect of section ,nothing in this section-- 7#a7 affects the requirement under section #ajjbbf7;b77#b7 of ,public ,law #aab-ada 7#db ,u4,s4,c4 #daja note2 #abf ,stat4 #idb72 or 7#b7 confers any regulatory authority on-- 7,a7 the ,secretary2 or 7,b7 the ,administrator1 including for the purpose of setting premium rates under the national flood insurance program established under chapter #a of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq474 #ijjf4 ,reports 7a7 ,state of levees 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 and biennially thereafter1 the ,secretary in coordination with the committee1 shall submit to ,congress and make publicly available a report describing the state of levees in the ,united ,states and the effectiveness of the levee safety initiative1 including-- 7,a7 progress achieved in implementing the levee safety initiative2 7,b7 ,state and tribal participation in the levee safety initiative2 7,c7 recommendations to improve coordination of levee safety1 floodplain management1 and environmental protection concerns1 including-- 7i7 identifying and evaluating opportunities to coordinate public safety1 floodplain management1 and environmental protection activities relating to levees2 and 7ii7 evaluating opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws2 and 7,d7 any recommendations for legislation and other congressional actions necessary to ensure national levee safety4 7#b7 ,inclusion ,each report under paragraph 7#a7 shall include a report of the committee that describes the independent recommendations of the committee for the implementation of the levee safety initiative4 7b7 ,national dam and levee safety program ,not later than #c years after the date of enactment of this subsection1 to the maximum extent practicable1 the ,secretary and the ,administrator1 in coordination with the committee1 shall submit to ,congress and make publicly available a report that includes recommendations regarding the advisability and feasibility of1 and potential approaches for1 establishing a joint national dam and levee safety program4 7c7 ,alignment of federal programs relating to levees ,not later than #b years after the date of enactment of this subsection1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on opportunities for alignment of ,federal programs to provide incentives to ,state1 tribal1 and local governments and individuals and entities-- 7#a7 to promote shared responsibility for levee safety2 7#b7 to encourage the development of strong ,state and tribal levee safety programs2 7#c7 to better align the levee safety initiative with other ,federal flood risk management programs2 and 7#d7 to promote increased levee safety through other ,federal programs providing assistance to ,state and local governments4 7d7 ,liability for certain levee engineering projects ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall submit to ,congress and make publicly available a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent-- 7#a7 levee owners from obtaining needed levee engineering services2 or 7#b7 development and implementation of a ,state or tribal levee safety program4 4 7f7 ,authorization of appropriations ,section #ijjh of the ,water ,resources ,development ,act of #bjjg 7as redesignated by subsection 7e77#a77 is amended-- 7#a7 by striking are and inserting is2 and 7#b7 by striking ,secretary and all that follows through the period at the end and inserting the following3 ,secretary-- 7#a7 to carry out sections #ijjc1 #ijje7;c71 #ijje7;d71 #ijje7;e71 and #ijje7;f71 #d1jjj1jjj for each of fiscal years #bjae through #bjai2 7#b7 to carry out section #ijjd1 #bj1jjj1jjj for each of fiscal years #bjae through #bjai2 and 7#c7 to carry out section #ijje7;h71 #cj1jjj1jjj for each of fiscal years #bjae through #bjai4 4 #cjag4 ,rehabilitation of existing levees 7a7 ,in general ,the ,secretary shall carry out measures that address consolidation1 settlement1 subsidence1 sea level rise1 and new datum to restore federally authorized hurricane and storm damage reduction projects that were constructed as of the date of enactment of this ,act to the authorized levels of protection of the projects if the ,secretary determines the necessary work is technically feasible1 environmentally acceptable1 and economically justified4 7b7 ,limitation ,this section shall only apply to those projects for which the executed project partnership agreement provides that the non-,federal interest is not required to perform future measures to restore the project to the authorized level of protection of the project to account for subsidence and sea-level rise as part of the operation1 maintenance1 repair1 replacement1 and rehabilitation responsibilities4 7c7 ,cost share 7#a7 ,in general ,the non-,federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections 7a7 through 7d7 of section #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac74 7#b7 ,certain activities ,the non-,federal share of the cost of operations1 maintenance1 repair1 replacement1 and rehabilitation for a project carried out under this section shall be #ajj percent4 7d7 ,report to congress ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall include in the annual report developed under section #gjja-- 7#a7 any recommendations relating to the continued need for the authority provided under this section2 7#b7 a description of the measures carried out under this section2 7#c7 any lessons learned relating to the measures implemented under this section2 and 7#d7 best practices for carrying out measures to restore hurricane and storm damage reduction projects4 7e7 ,termination of authority ,the authority of the ,secretary under this subsection terminates on the date that is #aj years after the date of enactment of this ,act4 ,c ,additional safety improvements and risk reduction measures #cjba4 ,use of innovative materials ,section #h7;d7 of the ,water ,resources ,development ,act of #aihh 7#cc ,u4,s4,c4 #bcad7 is amended by striking materials and all that follows through the period at the end and inserting methods1 or materials1 including roller compacted concrete1 geosynthetic materials1 and advanced composites1 that the ,secretary determines are appropriate to carry out this section44 #cjbb4 ,durability1 sustainability1 and resilience ,in carrying out the activities of the ,corps of ,engineers1 the ,secretary1 to the maximum extent practicable1 shall encourage the use of durable and sustainable materials and resilient construction techniques that-- 7#a7 allow a water resources infrastructure project-- 7,a7 to resist hazards due to a major disaster2 and 7,b7 to continue to serve the primary function of the water resources infrastructure project following a major disaster2 7#b7 reduce the magnitude or duration of a disruptive event to a water resources infrastructure project2 and 7#c7 have the absorptive capacity1 adaptive capacity1 and recoverability to withstand a potentially disruptive event4 #cjbc4 ,study on risk reduction 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of the ,interior and the ,secretary of ,commerce1 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 events1 such as hurricanes1 coastal storms1 and inland flooding4 7b7 ,considerations ,the study under subsection 7a7 shall include-- 7#a7 an analysis of strategies and water resources projects1 including authorized water resources projects that have not yet been constructed1 and other projects implemented in the ,united ,states and worldwide to respond to risk associated with extreme weather events2 7#b7 an analysis of-- 7,a7 historical extreme weather events2 7,b7 the ability of existing infrastructure to mitigate risks associated with extreme weather events2 and 7,c7 the reduction in long-term costs and vulnerability to infrastructure through the use of resilient construction techniques2 7#c7 identification of proven1 science-based approaches and mechanisms for ecosystem protection and identification of natural resources likely to have the greatest need for protection1 restoration1 and conservation so that the infrastructure and restoration projects can continue safeguarding the communities in1 and sustaining the economy of1 the ,united ,states2 7#d7 an estimation of the funding necessary to improve infrastructure in the ,united ,states to reduce risk associated with extreme weather events2 7#e7 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 7#c72 and 7#f7 an analysis of the ,federal1 ,state1 and local costs of natural disasters and the potential cost-savings associated with implementing mitigation measures4 7c7 ,coordination ,the ,national ,academy of ,sciences may cooperate with the ,national ,academy of ,public ,administration to carry out #a or more aspects of the study under subsection 7a74 7d7 ,publication ,not later than #cj days after completion of the study under subsection 7a71 the ,national ,academy of ,sciences shall-- 7#a7 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 ,representatives2 and 7#b7 make a copy of the study available on a publicly accessible ,internet site4 #cjbd4 ,management of flood1 drought1 and storm damage 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 floods1 storms1 and droughts1 including an historical review of the ability of the ,corps of ,engineers to manage and respond to historical drought1 storm1 and flood events4 7b7 ,considerations ,the study under subsection 7a7 shall address-- 7#a7 the extent to which existing water management activities of the ,corps of ,engineers can better meet the goal of addressing future flooding1 drought1 and storm damage risks1 which shall include analysis of all historical extreme weather events that have been recorded during the previous #e centuries as well as in the geological record2 7#b7 whether existing water resources projects built or maintained by the ,corps of ,engineers1 including dams1 levees1 floodwalls1 flood gates1 and other appurtenant infrastructure were designed to adequately address flood1 storm1 and drought impacts and the extent to which the water resources projects have been successful at addressing those impacts2 7#c7 any recommendations for approaches for repairing1 rebuilding1 or restoring infrastructure1 land1 and natural resources that consider the risks and vulnerabilities associated with past and future extreme weather events2 7#d7 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 for1 contain1 and respond to flood1 storm1 and drought conditions2 7#e7 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 flood1 storm1 and drought conditions2 7#f7 any recommendations on the use of resilient construction techniques to reduce future vulnerability from flood1 storm1 and drought conditions2 and 7#g7 any recommendations for improving approaches to rebuilding or restoring infrastructure and natural resources that contribute to risk reduction1 such as coastal wetlands1 to prepare for flood and drought4 #cjbe4 ,post-disaster watershed assessments 7a7 ,watershed assessments 7#a7 ,in general ,in an area that the ,president has declared a major disaster in accordance with section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 the ,secretary may carry out a watershed assessment to identify1 to the maximum extent practicable1 specific flood risk reduction1 hurricane and storm damage reduction1 ecosystem restoration1 or navigation 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 disasters4 7#b7 ,existing projects ,a watershed assessment carried out paragraph 7#a7 may identify existing projects being carried out under #a or more of the authorities referred to in subsection 7b77#a74 7#c7 ,duplicate watershed assessments ,in carrying out a watershed assessment under paragraph 7#a71 the ,secretary shall use all existing watershed assessments and related information developed by the ,secretary or other ,federal1 ,state1 or local entities4 7b7 ,projects 7#a7 ,in general ,the ,secretary may carry out projects identified under a watershed assessment under subsection 7a7 in accordance with the criteria for projects carried out under one of the following authorities3 7,a7 ,section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 7,b7 ,section #aaa of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i74 7,c7 ,section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj74 7,d7 ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 7,e7 ,section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg74 7,f7 ,section #c of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g74 7#b7 ,annual plan ,for each project that does not meet the criteria under paragraph 7#a71 the ,secretary shall include a recommendation relating to the project in the annual report submitted to ,congress by the ,secretary in accordance with section #gjja4 7#c7 ,existing projects ,in carrying out a project under paragraph 7#a71 the ,secretary shall-- 7,a7 to the maximum extent practicable1 use all existing information and studies available for the project2 and 7,b7 not require any element of a study completed for the project prior to the disaster to be repeated4 7c7 ,requirements ,all requirements applicable to a project under the ,acts described in subsection 7b7 shall apply to the project4 7d7 ,limitations on assessments ,a watershed assessment under subsection 7a7 shall be initiated not later than #b years after the date on which the major disaster declaration is issued4 #cjbf4 ,hurricane and storm damage reduction study 7a7 ,in general ,as part of the study for flood and storm damage reduction related to natural disasters to be carried out by the ,secretary under title ,,ii of division ,a of the ,disaster ,relief ,appropriations ,act1 #bjac1 under the heading ,department of the ,army--,corps of ,engineers--,civil--,investigations 7#abg ,stat4 #e71 the ,secretary shall make specific project recommendations4 7b7 ,consultation ,in making recommendations pursuant to this section1 the ,secretary may consult with key stakeholders1 including ,state1 county1 and city governments1 and1 as applicable1 ,state and local water districts1 and in the case of recommendations concerning projects that substantially affect communities served by historically ,black colleges and universities1 ,tribal ,colleges and ,universities1 and other minority-serving institutions1 the ,secretary shall consult with those colleges1 universities1 and institutions4 7c7 ,report ,the ,secretary shall include any recommendations of the ,secretary under this section in the annual report submitted to ,congress by the ,secretary in accordance with section #gjja4 #cjbg4 ,emergency communication of risk 7a7 ,definitions ,in this section3 7#a7 ,affected government ,the term affected government means a ,state1 local1 or tribal government with jurisdiction over an area that will be affected by a flood4 7#b7 ,annual operating plan ,the term annual operating plan means a plan prepared by the ,secretary that describes potential water condition scenarios for a river basin for a year4 7b7 ,communication ,in any river basin where the ,secretary carries out flood risk management activities subject to an annual operating plan1 the ,secretary shall establish procedures for providing the public and affected governments1 including ,indian tribes1 in the river basin with-- 7#a7 timely information regarding expected water levels2 7#b7 advice regarding appropriate preparedness actions2 7#c7 technical assistance2 and 7#d7 any other information or assistance determined appropriate by the ,secretary4 7c7 ,public availability of information ,to the maximum extent practicable1 the ,secretary1 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency1 shall make the information required under subsection 7b7 available to the public through widely used and readily available means1 including on the ,internet4 7d7 ,procedures ,the ,secretary shall use the procedures established under subsection 7b7 only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan4 #cjbh4 ,safety assurance review ,section #bjce of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdd7 is amended by adding at the end the following3 7g7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to a safety assurance review conducted under this section4 4 #cjbi4 ,emergency response to natural disasters 7a7 ,emergency response to natural disasters ,section #e7;a77#a7 of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7a77#a771 is amended in the first sentence-- 7#a7 by inserting and subject to the condition that the ,chief of ,engineers may include modifications to the structure or project after work for flood control2 and 7#b7 by striking structure damaged or destroyed by wind1 wave1 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 wind1 wave1 or water action of other than an ordinary nature to the design level of protection when1 in the discretion of the ,chief of ,engineers1 such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection1 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 sponsor4 7b7 ,review of emergency response authorities 7#a7 ,in general ,the ,secretary shall undertake a review of implementation of section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan71 to evaluate the alternatives available to the ,secretary to ensure-- 7,a7 the safety of affected communities to future flooding and storm events2 7,b7 the resiliency of water resources development projects to future flooding and storm events2 7,c7 the long-term cost-effectiveness of water resources development projects that provide flood control and hurricane and storm damage reduction benefits2 and 7,d7 the policy goals and objectives that have been outlined by the ,president as a response to recent extreme weather events1 including ,hurricane ,sandy1 that relate to preparing for future floods are met4 7#b7 ,scope of review ,in carrying out the review1 the ,secretary shall-- 7,a7 review the historical precedents and implementation of section #e of that ,act1 including those actions undertaken by the ,secretary1 over time1 under that section-- 7i7 to repair or restore a project2 and 7ii7 to increase the level of protection for a damaged project to address future conditions2 7,b7 evaluate the difference between adopting1 as an appropriate standard under section #e of that ,act1 the repair or restoration of a project to pre-flood or pre-storm levels and the repair or restoration of a project to a design level of protection1 including an assessment for each standard of-- 7i7 the implications on populations at risk of flooding or damage2 7ii7 the implications on probability of loss of life2 7iii7 the implications on property values at risk of flooding or damage2 7iv7 the implications on probability of increased property damage and associated costs2 7v7 the implications on local and regional economies2 and 7vi7 the estimated total cost and estimated cost savings2 7,c7 review and evaluate the historic and potential uses1 and economic feasibility for the life of the project1 of nonstructural alternatives1 including natural features such as dunes1 coastal wetlands1 floodplains1 marshes1 and mangroves1 to reduce the damage caused by floods1 storm surges1 winds1 and other aspects of extreme weather events1 and to increase the resiliency and long-term cost-effectiveness of water resources development projects2 7,d7 incorporate the science on expected rates of sea-level rise and extreme weather events2 7,e7 incorporate the work completed by the ,hurricane ,sandy ,rebuilding ,task ,force1 established by ,executive ,order ,no4 #acfcb 7#gg ,fed4 ,reg4 #gdcda72 and 7,f7 review the information obtained from the report developed under subsection 7c77#a74 7c7 ,reports 7#a7 ,biennial report to congress 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act and every #b years thereafter1 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 #e fiscal years to carry out ,corps of ,engineers projects under section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan74 7,b7 ,inclusions ,a report under subparagraph 7,a7 shall1 at a minimum1 include a description of-- 7i7 each structure1 feature1 or project for which amounts are expended1 including the type of structure1 feature1 or project and cost of the work2 and 7ii7 how the ,secretary has repaired1 restored1 replaced1 or modified each structure1 feature1 or project or intends to restore the structure1 feature1 or project to the design level of protection for the structure1 feature1 or project4 7#b7 ,report on review of emergency response authorities ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report on the results of the review under subsection 7b74 ,,iv ,river ,basins and ,coastal ,areas #djja4 ,river basin commissions ,section #ejai of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abja7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,authorization ,to allocate 7#a7 ,in general ,the ,secretary shall allocate funds to the ,susquehanna ,river ,basin ,commission1 the ,delaware ,river ,basin ,commission1 and the ,interstate ,commission on the ,potomac ,river ,basin to fulfill the equitable funding requirements of the respective interstate compacts4 7#b7 ,amounts ,for each fiscal year1 the ,secretary shall allocate to each ,commission described in paragraph 7#a7 an amount equal to the amount determined by the ,commission in accordance with the respective interstate compact approved by ,congress4 7#c7 ,notification ,if the ,secretary does not allocate funds for a given fiscal year in accordance with paragraph 7#b71 the ,secretary1 in conjunction with the subsequent submission by the ,president of the budget to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 notice that describes-- 7,a7 the reasons why the ,secretary did not allocate funds in accordance with paragraph 7#b7 for that fiscal year2 and 7,b7 the impact of that decision not to allocate funds on each area of jurisdiction of each ,commission described in paragraph 7#a71 including with respect to-- 7i7 water supply allocation2 7ii7 water quality protection2 7iii7 regulatory review and permitting2 7iv7 water conservation2 7v7 watershed planning2 7vi7 drought management2 7vii7 flood loss reduction2 7viii7 recreation2 and 7ix7 energy development4 4 #djjb4 ,mississippi ,river 7a7 ,mississippi ,river forecasting improvements 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 the ,director of the ,united ,states ,geological ,survey1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 and the ,director of the ,national ,weather ,service1 as applicable1 shall improve forecasting on the ,mississippi ,river by-- 7,a7 updating forecasting technology deployed on the ,mississippi ,river and its tributaries through-- 7i7 the construction of additional automated river gages2 7ii7 the rehabilitation of existing automated and manual river gages2 and 7iii7 the replacement of manual river gages with automated gages1 as the ,secretary determines to be necessary2 7,b7 constructing additional sedimentation ranges on the ,mississippi ,river and its tributaries2 and 7,c7 deploying additional automatic identification system base stations at river gage sites4 7#b7 ,prioritization ,in carrying out this subsection1 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 ,river4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and make publicly available a report on the activities carried out by the ,secretary under this subsection4 7b7 ,middle ,mississippi ,river pilot program 7#a7 ,in general ,in accordance with the project for navigation1 ,mississippi ,river between the ,ohio and ,missouri ,rivers 7,regulating ,works71 ,missouri and ,illinois1 authorized by the ,act of ,june #be1 #aiaj 7#cf ,stat4 #fca1 chapter #chb7 7commonly known as the ,river and ,harbor ,act of #aiaj71 the ,act of ,january #a1 #aibg 7#dd ,stat4 #ajaj1 chapter #dg7 7commonly known as the ,river and ,harbor ,act of #aibg71 and the ,act of ,july #c1 #aicj 7#df ,stat4 #iah1 chapter #hdg71 the ,secretary may study improvements to navigation and aquatic ecosystem restoration in the middle ,mississippi ,river4 7#b7 ,disposition 7,a7 ,in general ,the ,secretary may carry out any project identified pursuant to paragraph 7#a7 in accordance with the criteria for projects carried out under one of the following authorities3 7i7 ,section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj74 7ii7 ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 7iii7 ,section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg74 7iv7 ,section #ajd7;a7 of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7;a774 7,b7 ,report ,for each project that does not meet the criteria under subparagraph 7,a71 the ,secretary shall include a recommendation relating to the project in the annual report submitted to ,congress by the ,secretary in accordance with section #gjja4 7c7 ,greater ,mississippi ,river ,basin severe flooding and drought management study 7#a7 ,definition of greater ,mississippi ,river ,basin ,in this subsection1 the term greater ,mississippi ,river ,basin means the area covered by hydrologic units #e1 #f1 #g1 #h1 #aj1 and #aa1 as identified by the ,united ,states ,geological ,survey as of the date of enactment of this ,act4 7#b7 ,in general ,the ,secretary shall carry out a study of the greater ,mississippi ,river ,basin-- 7,a7 to improve the coordinated and comprehensive management of water resource projects in the greater ,mississippi ,river ,basin relating to severe flooding and drought conditions2 and 7,b7 to identify and evaluate-- 7i7 modifications to those water resource projects1 consistent with the authorized purposes of those projects2 and 7ii7 the development of new water resource projects to improve the reliability of navigation and more effectively reduce flood risk4 7#c7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and make publicly available a report on the study carried out under this subsection4 7#d7 ,savings clause ,nothing in this subsection impacts the operations and maintenance of the ,missouri ,river ,mainstem ,system1 as authorized by the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd77eh ,stat4 #hig1 chapter #ffe74 7d7 ,flexibility in maintaining navigation 7#a7 ,extreme low water event defined ,in this subsection1 the term extreme low water event means an extended period of time during which low water threatens the safe commercial use of the ,mississippi ,river for navigation1 including the use and availability of fleeting areas4 7#b7 ,report on areas for action 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 shall complete and make publicly available a report identifying areas that are unsafe and unreliable for commercial navigation during extreme low water events along the authorized ,federal navigation channel on the ,mississippi ,river and measures to address those restrictions4 7,b7 ,inclusions ,the report under subparagraph 7,a7 shall-- 7i7 consider data from the most recent extreme low water events that impacted navigation along the authorized ,federal navigation channel on the ,mississippi ,river2 7ii7 identify locations for potential modifications1 including improvements outside the authorized navigation channel1 that will alleviate hazards at areas that constrain navigation during extreme low water events along the authorized ,federal navigation channel on the ,mississippi ,river2 and 7iii7 include recommendations for possible actions to address constrained navigation during extreme low water events4 7#c7 ,authorized activities ,if the ,secretary1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 determines it to be critical to maintaining safe and reliable navigation within the authorized ,federal navigation channel on the ,mississippi ,river1 the ,secretary may carry out activities outside the authorized ,federal navigation channel along the ,mississippi ,river1 including the construction and operation of maintenance of fleeting areas1 that-- 7,a7 are necessary for safe and reliable navigation in the ,federal channel2 and 7,b7 have been identified in the report under paragraph 7#b74 7#d7 ,restriction ,the ,secretary shall only carry out activities authorized under paragraph 7#c7 for such period of time as is necessary to maintain reliable navigation during the extreme low water event4 7#e7 ,notification ,not later than #fj days after initiating an activity under this subsection1 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 notice that includes-- 7,a7 a description of the activities undertaken1 including the costs associated with the activities2 and 7,b7 a comprehensive description of how the activities are necessary for maintaining safe and reliable navigation of the ,federal channel4 #djjc4 ,missouri ,river 7a7 ,upper ,missouri ,basin flood and drought monitoring 7#a7 ,in general ,the ,secretary1 in coordination with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,chief of the ,natural ,resources ,conservation ,service1 the ,director of the ,united ,states ,geological ,survey1 and the ,commissioner of the ,bureau of ,reclamation1 shall carry out activities to improve and support management of ,corps of ,engineers water resources development projects1 including-- 7,a7 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 ,basin1 as outlined in the ,february #bjac report entitled ,upper ,missouri ,basin ,monitoring ,committee--,snow ,sampling and ,instrumentation ,recommendations2 7,b7 restoring and maintaining existing mid- and high-elevation snowpack monitoring sites operated under the ,,snotel program of the ,natural ,resources ,conservation ,service2 and 7,c7 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 ,service4 7#b7 ,use of funds ,amounts made available to the ,secretary to carry out activities under this subsection shall be used to supplement but not supplant other related activities of ,federal agencies that are carried out within the ,missouri ,river ,basin4 7#c7 ,cooperative agreements 7,a7 ,in general ,the ,secretary may enter into cooperative agreements with other ,federal agencies to carry out this subsection4 7,b7 ,maintenance of effort ,the ,secretary may only enter into a cooperative agreement with another ,federal agency under this paragraph if such agreement specifies that the agency will maintain aggregate expenditures in the ,missouri ,river ,basin for existing programs that implement activities described in paragraph 7#a7 at a level that is equal to or exceeds the aggregate expenditures for the fiscal year immediately preceding the fiscal year in which such agreement is signed4 7#d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states1 in consultation with the ,secretary1 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-- 7,a7 identifies progress made by the ,secretary and other ,federal agencies in implementing the recommendations contained in the report described in paragraph 7#a77;,a7 with respect to enhancing soil moisture and snowpack monitoring in the ,upper ,missouri ,basin2 7,b7 includes recommendations-- 7i7 to enhance soil moisture and snowpack monitoring in the ,upper ,missouri ,basin that would enhance water resources management1 including managing flood risk1 in that basin2 and 7ii7 on the most efficient manner of collecting and sharing data to assist ,federal agencies with water resources management responsibilities2 7,c7 identifies the expected costs and timeline for implementing the recommendations described in subparagraph 7,b77i72 and 7,d7 identifies the role of ,states and other ,federal agencies in gathering necessary soil moisture and snowpack monitoring data4 7b7 ,missouri ,river between ,fort ,peck ,dam1 ,montana and ,gavins ,point ,dam1 ,south ,dakota and ,nebraska ,section #i7;f7 of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe2 #ajb ,stat4 #djca7 is amended in the second sentence by striking #c1jjj1jjj and inserting #e1jjj1jjj4 7c7 ,missouri ,river ,recovery ,implementation ,committee expenses reimbursement ,section #ejah7;b77#e7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abjj7 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,travel expenses ,subject to the availability of funds1 the ,secretary may reimburse a member of the ,committee for travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of a ,federal agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in performance of services for the ,committee4 4 7d7 ,upper ,missouri shoreline stabilization 7#a7 ,in general ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects to address shoreline erosion in the ,upper ,missouri ,river ,basin 7including the ,states of ,south ,dakota1 ,north ,dakota1 and ,montana7 resulting from the operation of a reservoir constructed under the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hia1 chapter #ffe774 7#b7 ,contents ,the study carried out under paragraph 7#a7 shall1 to the maximum extent practicable-- 7,a7 use previous assessments completed by the ,corps of ,engineers or other ,federal agencies2 and 7,b7 assess the infrastructure needed to-- 7i7 reduce shoreline erosion2 7ii7 mitigate additional loss of land2 7iii7 contribute to environmental and ecosystem improvement2 and 7iv7 protect existing community infrastructure1 including roads and water and waste-water related infrastructure4 7#c7 ,disposition ,the ,secretary may carry out projects identified in the study under paragraph 7#a7 in accordance with the criteria for projects carried out under section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar74 7#d7 ,annual report ,for each project identified in the study under paragraph 7#a7 that cannot be carried out under any of the authorities specified in paragraph 7#c71 upon determination by the ,secretary of the feasibility of the project1 the ,secretary may include a recommendation relating to the project in the annual report submitted to ,congress under section #gjja4 7#e7 ,coordination ,in carrying out this subsection1 the ,secretary shall consult and coordinate with the appropriate ,state or tribal agency for the area in which the project is located4 7#f7 ,payment options ,the ,secretary shall allow the full non-,federal contribution for a project under this subsection to be paid in accordance with section #ajc7k7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7k774 7e7 ,missouri ,river fish and wildlife mitigation ,the ,secretary shall include in the first budget of the ,united ,states ,government submitted by the ,president under section #aaje of title #ca1 ,united ,states ,code1 after the date of enactment of this ,act1 and biennially thereafter1 a report that describes activities carried out by the ,secretary relating to the project for mitigation of fish and wildlife losses1 ,missouri ,river ,bank ,stabilization and ,navigation ,project1 ,missouri1 ,kansas1 ,iowa1 and ,nebraska1 authorized by section #fja7;a7 of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dadc71 including-- 7#a7 an inventory of all actions taken by the ,secretary in furtherance of the project1 including an inventory of land owned or acquired by the ,secretary2 7#b7 a description1 including a prioritization1 of the specific actions proposed to be undertaken by the ,secretary for the subsequent fiscal year in furtherance of the project2 7#c7 an assessment of the progress made in furtherance of the project1 including-- 7,a7 a description of how each of the actions identified under paragraph 7#a7 have impacted the progress2 and 7,b7 the status of implementation of any applicable requirements of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 including any applicable biological opinions2 and 7#d7 an assessment of additional actions or authority necessary to achieve the results of the project4 7f7 ,lower ,yellowstone ,section #caji of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #aace7 is amended-- 7#a7 by striking ,the ,secretary may and inserting the following3 7a7 ,in general ,the ,secretary may 2 and 7#b7 by adding at the end the following3 7b7 ,local participation ,in carrying out subsection 7a71 the ,secretary shall consult with1 and consider the activities being carried out by-- 7#a7 other ,federal agencies2 7#b7 conservation districts2 7#c7 the ,yellowstone ,river ,conservation ,district ,council2 and 7#d7 the ,state of ,montana4 4 #djjd4 ,arkansas ,river 7a7 ,project ,goal ,the goal for operation of the ,mc,clellan-,kerr ,arkansas ,river navigation system1 ,arkansas and ,oklahoma1 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 ,states4 7b7 ,mc,clellan-,kerr ,arkansas ,river navigation system advisory committee 7#a7 ,in general ,in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the ,secretary shall establish an advisory committee for the ,mc,clellan-,kerr ,arkansas ,river navigation system1 ,arkansas and ,oklahoma project authorized by the first section of the ,act of ,july #bd1 #aidf 7#fj ,stat4 #fce1 chapter #eie74 7#b7 ,duties ,the advisory committee shall-- 7,a7 serve in an advisory capacity only2 and 7,b7 provide information and recommendations to the ,corps of ,engineers relating to the efficiency1 reliability1 and availability of the operations of the ,mc,clellan-,kerr ,arkansas ,river navigation system4 7#c7 ,selection and composition ,the advisory committee shall be-- 7,a7 selected jointly by the ,little ,rock district engineer and the ,tulsa district engineer2 and 7,b7 composed of members that equally represent the ,mc,clellan-,kerr ,arkansas ,river navigation system project purposes4 7#d7 ,agency resources ,the ,little ,rock district and the ,tulsa district of the ,corps of ,engineers1 under the supervision of the southwestern division1 shall jointly provide the advisory committee with adequate staff assistance1 facilities1 and resources4 7#e7 ,termination 7,a7 ,in general ,subject to subparagraph 7,b71 the advisory committee shall terminate on the date on which the ,secretary submits a report to ,congress demonstrating increases in the efficiency1 reliability1 and availability of the ,mc,clellan-,kerr ,arkansas ,river navigation system4 7,b7 ,restriction ,the advisory committee shall terminate not less than #b calendar years after the date on which the advisory committee is established4 #djje4 ,columbia ,basin ,section #ecf7;g7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bffa7 is amended by striking #cj1jjj1jjj and inserting #ej1jjj1jjj4 #djjf4 ,rio ,grande ,section #ejef of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abac7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #bjjh and inserting #bjad2 and 7,b7 in subparagraph 7,c71 by inserting and an assessment of needs for other related purposes in the ,rio ,grande ,basin1 including flood damage reduction after assessment2 7#b7 in subsection 7c77#b7-- 7,a7 by striking an interagency agreement with and inserting #a or more interagency agreements with the ,secretary of ,state and2 and 7,b7 by inserting or the ,u4,s4 ,section of the ,international ,boundary and ,water ,commission after the ,department of the ,interior2 and 7#c7 in subsection 7f71 by striking #bjaa and inserting #bjai4 #djjg4 ,northern ,rockies headwaters 7a7 ,in general ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects for aquatic ecosystem restoration and flood risk reduction that will mitigate the impacts of extreme weather events1 including floods and droughts1 on communities1 water users1 and fish and wildlife located in and along the headwaters of the ,columbia1 ,missouri1 and ,yellowstone ,rivers 7including the tributaries of those rivers7 in the ,states of ,idaho and ,montana4 7b7 ,inclusions ,the study under subsection 7a7 shall1 to the maximum extent practicable-- 7#a7 emphasize the protection and enhancement of natural riverine processes2 and 7#b7 assess the individual and cumulative needs associated with-- 7,a7 floodplain restoration and reconnection2 7,b7 floodplain and riparian area protection through the use of conservation easements2 7,c7 instream flow restoration projects2 7,d7 fish passage improvements2 7,e7 channel migration zone mapping2 and 7,f7 invasive weed management4 7c7 ,disposition 7#a7 ,in general ,the ,secretary may carry out any project identified in the study pursuant to subsection 7a7 in accordance with the criteria for projects carried out under one of the following authorities3 7,a7 ,section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj74 7,b7 ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 7,c7 ,section #ajd7;a7 of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7;a774 7,d7 ,section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 7#b7 ,report ,for each project that does not meet the criteria under paragraph 7#a71 the ,secretary shall include a recommendation relating to the project in the annual report submitted to ,congress by the ,secretary in accordance with section #gjja4 7d7 ,coordination ,in carrying out this section1 the ,secretary-- 7#a7 shall consult and coordinate with the appropriate agency for each ,state and ,indian tribe2 and 7#b7 may enter into cooperative agreements with those ,state or tribal agencies described in paragraph 7#a74 7e7 ,limitations ,nothing in this section invalidates1 preempts1 or creates any exception to ,state water law1 ,state water rights1 or ,federal or ,state permitted activities or agreements in the ,states of ,idaho and ,montana or any ,state containing tributaries to rivers in those ,states4 #djjh4 ,rural ,western water ,section #eie of the ,water ,resources ,development ,act of #aiii 7#aac ,stat4 #chc7 is amended-- 7#a7 by striking subsection 7c7 and inserting the following3 7c7 ,form of assistance ,assistance under this section may be in the form of-- 7#a7 design and construction assistance for water-related environmental infrastructure and resource protection and development in ,idaho1 ,montana1 rural ,nevada1 ,new ,mexico1 rural ,utah1 and ,wyoming1 including projects for-- 7,a7 wastewater treatment and related facilities2 7,b7 water supply and related facilities2 7,c7 environmental restoration2 and 7,d7 surface water resource protection and development2 and 7#b7 technical assistance to small and rural communities for water planning and issues relating to access to water resources4 2 and 7#b7 by striking subsection 7h7 and inserting the following3 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section for the period beginning with fiscal year #bjja1 #dce1jjj1jjj1 which shall-- 7#a7 be made available to the ,states and locales described in subsection 7b7 consistent with program priorities determined by the ,secretary in accordance with criteria developed by the ,secretary to establish the program priorities2 and 7#b7 remain available until expended4 4 #djji4 ,north ,atlantic ,coastal ,region 7a7 ,in general ,the ,secretary shall conduct a study to determine the feasibility of carrying out projects to restore aquatic ecosystems within the coastal waters of the ,northeastern ,united ,states from the ,state of ,virginia to the ,state of ,maine1 including associated bays1 estuaries1 and critical riverine areas4 7b7 ,study ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 as appropriate1 coordinate with the heads of other appropriate ,federal agencies1 the ,governors of the coastal ,states from ,virginia to ,maine1 nonprofit organizations1 and other interested parties2 7#b7 identify projects for aquatic ecosystem restoration based on an assessment of the need and opportunities for aquatic ecosystem restoration within the coastal waters of the ,northeastern ,states described in subsection 7a72 and 7#c7 use1 to the maximum extent practicable1 any existing plans and data4 7c7 ,disposition 7#a7 ,in general ,the ,secretary may carry out any project identified in the study pursuant to subsection 7a7 in accordance with the criteria for projects carried out under one of the following authorities3 7,a7 ,section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj74 7,b7 ,section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 7,c7 ,section #c of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g74 7,d7 ,section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf74 7#b7 ,report ,for each project that does not meet the criteria under paragraph 7#a71 the ,secretary shall include a recommendation relating to the project in the annual report submitted to ,congress by the ,secretary in accordance with section #gjja4 #djaj4 ,chesapeake ,bay 7a7 ,in general ,section #eaj of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #aaj ,stat4 #cgei2 #aba ,stat4 #abjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking pilot program and inserting program2 and 7ii7 by inserting in the basin ,states described in subsection 7f7 and the ,district of ,columbia after interests2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,form ,the assistance under paragraph 7#a7 shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the ,chesapeake ,bay estuary1 based on the comprehensive plan under subsection 7b71 including projects for-- 7,a7 sediment and erosion control2 7,b7 protection of eroding shorelines2 7,c7 ecosystem restoration1 including restoration of submerged aquatic vegetation2 7,d7 protection of essential public works2 7,e7 beneficial uses of dredged material2 and 7,f7 other related projects that may enhance the living resources of the estuary4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,comprehensive plan 7#a7 ,in general ,not later than #b years after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad1 the ,secretary1 in cooperation with ,state and local governmental officials and affected stakeholders1 shall develop a comprehensive ,chesapeake ,bay restoration plan to guide the implementation of projects under subsection 7a77#b74 7#b7 ,coordination ,the restoration plan described in paragraph 7#a7 shall1 to the maximum extent practicable1 consider and avoid duplication of any ongoing or planned actions of other ,federal1 ,state1 and local agencies and nongovernmental organizations4 7#c7 ,prioritization ,the restoration plan described in paragraph 7#a7 shall give priority to projects eligible under subsection 7a77#b7 that will also improve water quality or quantity or use natural hydrological features and systems4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 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 7b742 7,b7 in paragraph 7#b77;,a71 by striking facilities or resource protection and development plan and inserting resource protection and restoration plan2 and 7,c7 by adding at the end the following3 7#c7 ,projects on ,federal land ,a project carried out pursuant to the comprehensive ,chesapeake ,bay restoration plan described in subsection 7b7 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 out4 7#d7 ,non-,federal contributions ,a ,federal agency carrying out a project described in paragraph 7#c7 may accept contributions of funds from non-,federal entities to carry out that project4 2 7#d7 by striking subsection 7e7 and inserting the following3 7e7 ,cooperation ,in carrying out this section1 the ,secretary shall cooperate with-- 7#a7 the heads of appropriate ,federal agencies1 including-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanographic and ,atmospheric ,administration2 7,c7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7,d7 the heads of such other ,federal agencies as the ,secretary determines to be appropriate2 and 7#b7 agencies of a ,state or political subdivision of a ,state1 including the ,chesapeake ,bay ,commission4 2 7#e7 by striking subsection 7f7 and inserting the following3 7f7 ,projects ,the ,secretary shall establish1 to the maximum extent practicable1 at least #a project under this section in-- 7#a7 regions within the ,chesapeake ,bay watershed of each of the basin ,states of ,delaware1 ,maryland1 ,new ,york1 ,pennsylvania1 ,virginia1 and ,west ,virginia2 and 7#b7 the ,district of ,columbia4 2 7#f7 by striking subsection 7h72 and 7#g7 by redesignating subsection 7i7 as subsection 7h74 7b7 ,chesapeake ,bay oyster restoration ,section #gjd7;b7 of ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfc7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking #ej1jjj1jjj and inserting #fj1jjj1jjj2 and 7#b7 in paragraph 7#d71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,form ,the non-,federal share may be provided through in-kind services1 including-- 7i7 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 project2 and 7ii7 in the case of a project carried out under paragraph 7#b77;,d7 after the date of enactment of this clause1 land conservation or restoration efforts undertaken by the non-,federal interest that the ,secretary determines provide water quality benefits that-- 7,i7 enhance the viability of oyster restoration efforts2 7,,ii7 are integral to the project2 and 7,,iii7 are cost effective4 4 #djaa4 ,louisiana coastal area 7a7 ,review of coastal master plan ,section #gjjb7;c7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abga7 is amended by inserting 1 or the plan entitled ,louisiana ,comprehensive ,master ,plan for a ,sustainable ,coast prepared by the ,state of ,louisiana and accepted by the ,louisiana ,coastal ,protection and ,restoration ,authority 7including any subsequent amendments or revisions7 before the period at the end4 7b7 ,interim use of plan 7#a7 ,definitions ,in this subsection3 7,a7 ,annual report ,the term annual report has the meaning given the term in section #gjja7;f74 7,b7 ,feasibility report2 feasibility study ,the terms feasibility report and feasibility study have the meanings given those terms in section #gjja7;f74 7#b7 ,review ,the ,secretary shall-- 7,a7 review the plan entitled #8,louisiana's ,comprehensive ,master ,plan for a ,sustainable ,coast' prepared by the ,state of ,louisiana and accepted by the ,louisiana ,coastal ,protection and ,restoration ,authority ,board 7including any subsequent amendments or revisions72 and 7,b7 in consultation with the ,state of ,louisiana1 identify and conduct feasibility studies for up to #aj projects included in the plan described in subparagraph 7,a74 7#c7 ,recommendations ,the ,secretary shall include in the subsequent annual report1 in accordance with section #gjja-- 7,a7 any proposed feasibility study initiated under paragraph 7#b77;,b72 and 7,b7 any feasibility report for a project identified under paragraph 7#b77;,b74 7#d7 ,administration ,section #gjjh of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abgh7 shall not apply to any feasibility study carried out under this subsection4 7c7 ,science and technology ,section #gjjf7;a77#b7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abgd7 is amended-- 7#a7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7#b7 by inserting after subparagraph 7,b7 the following3 7,c7 to examine a systemwide approach to coastal sustainability2 4 #djab4 ,red ,river ,basin 7a7 ,in general ,in the case of a reservoir located within the ,red ,river ,basin for which the ,department of the ,army is authorized to provide for municipal and industrial water supply storage and irrigation storage1 the ,secretary may reassign unused irrigation storage to storage for municipal and industrial water supply for use by a ,state or local interest that has entered into an agreement with the ,secretary for water supply storage at that reservoir prior to the date of enactment of this ,act4 7b7 ,administration ,any assignment under subsection 7a7 shall be subject to such terms and conditions as the ,secretary determines to be appropriate and necessary in the public interest4 #djac4 ,technical corrections 7a7 ,raritan ,river ,section #ajb of the ,energy and ,water ,development ,appropriations ,act1 #aiih 7,public ,law #aje-fb2 #aaa ,stat4 #acbg71 is repealed4 7b7 ,des ,moines1 ,boone1 and ,raccoon ,rivers ,the boundaries for the project referred to as the ,des ,moines ,recreational ,river and ,greenbelt1 ,iowa1 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 ,act1 #aihe 7#ii ,stat4 #cac71 are revised to include the entirety of sections #ai and #bi1 situated in ,t4 #hi ,n41 ,r4 #bh ,w4 7c7 ,south ,florida coastal area ,section #aji of title ,i of division ,b of the ,miscellaneous ,appropriations ,act1 #bjja 7#aad ,stat4 #bgfc;,a-#bba2 #aba ,stat4 #abag7 is amended-- 7#a7 in subsection 7a71 by inserting and unincorporated communities after municipalities2 7#b7 by redesignating subsection 7f7 as subsection 7g72 and 7#c7 by inserting after subsection 7e7 the following3 7f7 ,priority ,in providing assistance under this section1 the ,secretary shall give priority to projects sponsored by current non-,federal interests1 incorporated communities in ,monroe ,county1 ,monroe ,county1 and the ,state of ,florida4 4 7d7 ,trinity ,river and tributaries ,section #eada7;a77#b7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abec7 is amended by inserting and the ,interior ,levee ,drainage ,study ,phase-,,ii report1 ,dallas1 ,texas1 dated ,january #bjji1 after ,september #bjjf14 7e7 ,central and ,southern ,florida ,canal 7#a7 ,in general ,the ,secretary shall consider any amounts and associated program income provided prior to the date of enactment of this ,act by the ,secretary of the ,interior to the non-,federal interest for the acquisition of areas identified in section #caf7;b77#b7 of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cgae7-- 7,a7 as satisfying the requirements of that paragraph2 and 7,b7 as part of the ,federal share of the cost of implementing the plan under that subsection4 7#b7 ,non-,federal cost share ,the non-,federal interest shall receive credit for land1 easements1 rights-of-way1 and relocations provided for the project as part of the non-,federal share of the cost of implementing the plan under section #caf7;b77#b7 of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cgae74 7#c7 ,conforming amendment ,section #caf7;b77#b7 of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cgae7 is amended in the first sentence by striking shall pay and inserting may pay up to4 7f7 ,south ,platte ,river watershed ,section #aaf of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjji 7#abc ,stat4 #fjh7 is amended in the matter preceding the proviso by inserting 7or a designee of the ,department7 after ,colorado ,department of ,natural ,resources4 7g7 ,potomac ,river ,section #hd7;a7 of the ,water ,resources ,development ,act of #aigd 7#hh ,stat4 #ce7 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,a channel capacity sufficient to pass the #ajj-year flood event1 as identified in the document entitled ,four ,mile ,run ,watershed ,feasibility ,report and dated ,january #bjad4 4 #djad4 ,ocean and coastal resiliency 7a7 ,in ,general ,the ,secretary shall conduct studies to determine the feasibility of carrying out ,corps of ,engineers projects in coastal zones to enhance ocean and coastal ecosystem resiliency4 7b7 ,study ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 as appropriate1 coordinate with the heads of other appropriate ,federal agencies1 the ,governors and other chief executive officers of the coastal states1 nonprofit organizations1 and other interested parties2 7#b7 identify ,corps of ,engineers projects in coastal zones for enhancing ocean and coastal ecosystem resiliency based on an assessment of the need and opportunities for1 and feasibility of1 the projects2 7#c7 to the maximum extent practicable1 use any existing ,corps of ,engineers plans and data2 and 7#d7 not later than #cfe days after initial appropriations for this section1 and every five years thereafter subject to the availability of appropriations1 complete a study authorized under subsection 7a74 7c7 ,disposition 7#a7 ,in general ,the ,secretary may carry out a project identified in the study pursuant to subsection 7a7 in accordance with the criteria for projects carried out under one of the following authorities3 7,a7 ,section #bjf7;a7-7d7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7;a7-7d774 7,b7 ,section #aace7;a7-7g7 and 7i7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a7a7-7g7 and 7i774 7,c7 ,section #c7;a7-7b71 and 7c77#a7 of the ,act of ,august1 #ac #aidf 7#cc ,u4,s4,c4 #dbf;g7a7-7b71 and 7c77#a774 7,d7 ,section #bjd7;a7-7f7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7;a7-7f774 7#b7 ,report ,for each project that does not meet the criteria under paragraph 7#a71 the ,secretary shall include a recommendation relating to the project in the annual report submitted to ,congress by the ,secretary in accordance with section #gjja4 7d7 ,requests for ,projects ,the ,secretary may carry out a project for a coastal state under this section only at the request of the ,governor or chief executive officer of the coastal state1 as appropriate4 7e7 ,definition ,in this section1 the terms coastal zone and coastal state have the meanings given such terms in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec71 as in effect on the date of enactment of this ,act4 ,v ,water infrastructure financing ,a ,state ,water ,pollution ,control ,revolving ,funds #ejja4 ,general authority for capitalization grants ,section #fja7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha7;a77 is amended by striking for providing assistance and all that follows through the period at the end and inserting the following3 to accomplish the objectives1 goals1 and policies of this ,act by providing assistance for projects and activities identified in section #fjc7;c744 #ejjb4 ,capitalization grant agreements ,section #fjb7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achb7;b77 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 by striking section #fjc7;c77#a7 of2 7,b7 by striking before fiscal and all that follows through grants under this title and and inserting with assistance made available by a ,state water pollution control revolving fund authorized under this title1 or2 7,c7 by inserting 1 or both1 after #bje7m7 of this ,act2 and 7,d7 by striking #bja7;b7 and all that follows through #eaa7;c77#a71 and inserting #eaa7;c77#a72 7#b7 in paragraph 7#i71 by striking standards2 and and inserting standards1 including standards relating to the reporting of infrastructure assets22 7#c7 in paragraph 7#aj71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7#aa7 the ,state will establish1 maintain1 invest1 and credit the fund with repayments1 such that the fund balance will be available in perpetuity for activities under this ,act2 7#ab7 any fees charged by the ,state to recipients of assistance that are considered program income will be used for the purpose of financing the cost of administering the fund or financing projects or activities eligible for assistance from the fund2 7#ac7 beginning in fiscal year #bjaf1 the ,state will require as a condition of providing assistance to a municipality or intermunicipal1 interstate1 or ,state agency that the recipient of such assistance certify1 in a manner determined by the ,governor of the ,state1 that the recipient-- 7,a7 has studied and evaluated the cost and effectiveness of the processes1 materials1 techniques1 and technologies for carrying out the proposed project or activity for which assistance is sought under this title2 and 7,b7 has selected1 to the maximum extent practicable1 a project or activity that maximizes the potential for efficient water use1 reuse1 recapture1 and conservation1 and energy conservation1 taking into account-- 7i7 the cost of constructing the project or activity2 7ii7 the cost of operating and maintaining the project or activity over the life of the project or activity2 and 7iii7 the cost of replacing the project or activity2 and 7#ad7 a contract to be carried out using funds directly made available by a capitalization grant under this title for program management1 construction management1 feasibility studies1 preliminary engineering1 design1 engineering1 surveying1 mapping1 or architectural related services shall be negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter #aa of title #dj1 ,united ,states ,code1 or an equivalent ,state qualifications-based requirement 7as determined by the ,governor of the ,state74 4 #ejjc4 ,water pollution control revolving loan funds ,section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 is amended-- 7#a7 by striking subsection 7c7 and inserting the following3 7c7 ,projects and ,activities ,eligible for ,assistance ,the amounts of funds available to each ,state water pollution control revolving fund shall be used only for providing financial assistance-- 7#a7 to any municipality or intermunicipal1 interstate1 or ,state agency for construction of publicly owned treatment works 7as defined in section #bab72 7#b7 for the implementation of a management program established under section #cai2 7#c7 for development and implementation of a conservation and management plan under section #cbj2 7#d7 for the construction1 repair1 or replacement of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage2 7#e7 for measures to manage1 reduce1 treat1 or recapture stormwater or subsurface drainage water2 7#f7 to any municipality or intermunicipal1 interstate1 or ,state agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation1 efficiency1 or reuse2 7#g7 for the development and implementation of watershed projects meeting the criteria set forth in section #abb2 7#h7 to any municipality or intermunicipal1 interstate1 or ,state agency for measures to reduce the energy consumption needs for publicly owned treatment works2 7#i7 for reusing or recycling wastewater1 stormwater1 or subsurface drainage water2 7#aj7 for measures to increase the security of publicly owned treatment works2 and 7#aa7 to any qualified nonprofit entity1 as determined by the ,administrator1 to provide assistance to owners and operators of small and medium publicly owned treatment works-- 7,a7 to plan1 develop1 and obtain financing for eligible projects under this subsection1 including planning1 design1 and associated preconstruction activities2 and 7,b7 to assist such treatment works in achieving compliance with this ,act4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking #bj years and inserting the lesser of #cj years and the projected useful life 7as determined by the ,state7 of the project to be financed with the proceeds of the loan2 7ii7 in subparagraph 7,b71 by striking not later than #bj years after project completion and inserting upon the expiration of the term of the loan2 7iii7 in subparagraph 7,c71 by striking and at the end2 7iv7 in subparagraph 7,d71 by inserting and after the semicolon at the end2 and 7v7 by adding at the end the following3 7,e7 for a treatment works proposed for repair1 replacement1 or expansion1 and eligible for assistance under subsection 7c77#a71 the recipient of a loan shall-- 7i7 develop and implement a fiscal sustainability plan that includes-- 7,i7 an inventory of critical assets that are a part of the treatment works2 7,,ii7 an evaluation of the condition and performance of inventoried assets or asset groupings2 7,,iii7 a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan2 and 7,,iv7 a plan for maintaining1 repairing1 and1 as necessary1 replacing the treatment works and a plan for funding such activities2 or 7ii7 certify that the recipient has developed and implemented a plan that meets the requirements under clause 7i72 2 and 7,b7 in paragraph 7#g71 by inserting 1 #djj1jjj per year1 or #a_/e percent per year of the current valuation of the fund1 whichever amount is greatest1 plus the amount of any fees collected by the ,state for such purpose regardless of the source before the period at the end2 and 7#c7 by adding at the end the following3 7i7 ,additional ,subsidization 7#a7 ,in general ,in any case in which a ,state provides assistance to a municipality or intermunicipal1 interstate1 or ,state agency under subsection 7d71 the ,state may provide additional subsidization1 including forgiveness of principal and negative interest loans-- 7,a7 to benefit a municipality that-- 7i7 meets the affordability criteria of the ,state established under paragraph 7#b72 or 7ii7 does not meet the affordability criteria of the ,state if the recipient-- 7,i7 seeks additional subsidization to benefit individual ratepayers in the residential user rate class2 7,,ii7 demonstrates to the ,state that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought2 and 7,,iii7 ensures1 as part of an assistance agreement between the ,state and the recipient1 that the additional subsidization provided under this paragraph is directed through a user charge rate system 7or other appropriate method7 to such ratepayers2 or 7,b7 to implement a process1 material1 technique1 or technology-- 7i7 to address water-efficiency goals2 7ii7 to address energy-efficiency goals2 7iii7 to mitigate stormwater runoff2 or 7iv7 to encourage sustainable project planning1 design1 and construction4 7#b7 ,affordability criteria 7,a7 ,establishment 7i7 ,in general ,not later than ,september #cj1 #bjae1 and after providing notice and an opportunity for public comment1 a ,state shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under subsection 7c77#a7 if additional subsidization is not provided4 7ii7 ,contents ,the criteria under clause 7i7 shall be based on income and unemployment data1 population trends1 and other data determined relevant by the ,state1 including whether the project or activity is to be carried out in an economically distressed area1 as described in section #cja of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa74 7,b7 ,existing criteria ,if a ,state has previously established1 after providing notice and an opportunity for public comment1 affordability criteria that meet the requirements of subparagraph 7,a7-- 7i7 the ,state may use the criteria for the purposes of this subsection2 and 7ii7 those criteria shall be treated as affordability criteria established under this paragraph4 7,c7 ,information to assist states ,the ,administrator may publish information to assist ,states in establishing affordability criteria under subparagraph 7,a74 7#c7 ,limitations 7,a7 ,in general ,a ,state may provide additional subsidization in a fiscal year under this subsection only if the total amount appropriated for making capitalization grants to all ,states under this title for the fiscal year exceeds #a1jjj1jjj1jjj4 7,b7 ,additional limitation 7i7 ,general rule ,subject to clause 7ii71 a ,state may use not more than #cj percent of the total amount received by the ,state in capitalization grants under this title for a fiscal year for providing additional subsidization under this subsection4 7ii7 ,exception ,if1 in a fiscal year1 the amount appropriated for making capitalization grants to all ,states under this title exceeds #a1jjj1jjj1jjj by a percentage that is less than #cj percent1 clause 7i7 shall be applied by substituting that percentage for #cj percent4 7,c7 ,applicability ,the authority of a ,state to provide additional subsidization under this subsection shall apply to amounts received by the ,state in capitalization grants under this title for fiscal years beginning after ,september #cj1 #bjad4 7,d7 ,consideration ,if the ,state provides additional subsidization to a municipality or intermunicipal1 interstate1 or ,state agency under this subsection that meets the criteria under paragraph 7#a77;,a71 the ,state shall take the criteria set forth in section #fjb7;b77#e7 into consideration4 4 #ejjd4 ,requirements ,title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 is amended by adding at the end the following3 #fjh4 ,requirements 7a7 ,in general ,funds made available from a ,state water pollution control revolving fund established under this title may not be used for a project for the construction1 alteration1 maintenance1 or repair of treatment works unless all of the iron and steel products used in the project are produced in the ,united ,states4 7b7 ,definition of iron and steel products ,in this section1 the term iron and steel products means the following products made primarily of iron or steel3 lined or unlined pipes and fittings1 manhole covers and other municipal castings1 hydrants1 tanks1 flanges1 pipe clamps and restraints1 valves1 structural steel1 reinforced precast concrete1 construction materials4 7c7 ,application ,subsection 7a7 shall not apply in any case or category of cases in which the ,administrator finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7d7 ,waiver ,if the ,administrator receives a request for a waiver under this section1 the ,administrator shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,administrator concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,administrator shall make the request and accompanying information available by electronic means1 including on the official public ,internet site of the ,environmental ,protection ,agency4 7e7 ,international agreements ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7f7 ,management and oversight ,the ,administrator may retain up to #j4be percent of the funds appropriated for this title for management and oversight of the requirements of this section4 7g7 ,effective date ,this section does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad4 4 #ejje4 ,report on the allotment of funds 7a7 ,review ,the ,administrator of the ,environmental ,protection ,agency shall conduct a review of the allotment formula in effect on the date of enactment of this ,act for allocation of funds authorized under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 to determine whether that formula adequately addresses the water quality needs of eligible ,states1 territories1 and ,indian tribes1 based on-- 7#a7 the most recent survey of needs developed by the ,administrator under section #eaf7;b7 of that ,act 7#cc ,u4,s4,c4 #acge7;b772 and 7#b7 any other information the ,administrator considers appropriate4 7b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report on the results of the review under subsection 7a71 including any recommendations for changing the allotment formula4 #ejjf4 ,effective date ,this subtitle1 including any amendments made by the subtitle1 shall take effect on ,october #a1 #bjad4 ,b ,general provisions #ejaa4 ,watershed pilot projects ,section #abb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abgd7 is amended-- 7#a7 in the section heading1 by striking ,wet weather2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking for treatment works and inserting to a municipality or municipal entity2 and 7ii7 by striking of wet weather discharge control2 7,b7 in paragraph 7#b71 by striking in reducing such pollutants and all that follows before the period at the end and inserting to manage1 reduce1 treat1 recapture1 or reuse municipal stormwater1 including techniques that utilize infiltration1 evapotranspiration1 and reuse of stormwater onsite2 and 7,c7 by adding at the end the following3 7#c7 ,watershed partnerships ,efforts of municipalities and property owners to demonstrate cooperative ways to address nonpoint sources of pollution to reduce adverse impacts on water quality4 7#d7 ,integrated water resource plan ,the development of an integrated water resource plan for the coordinated management and protection of surface water1 ground water1 and stormwater resources on a watershed or subwatershed basis to meet the objectives1 goals1 and policies of this ,act4 7#e7 ,municipality-wide stormwater management planning ,the development of a municipality-wide plan that identifies the most effective placement of stormwater technologies and management approaches1 to reduce water quality impairments from stormwater on a municipality-wide basis4 7#f7 ,increased resilience of treatment works ,efforts to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters1 including extreme weather events and sea-level rise1 and to carry out measures1 on a systemwide or area-wide basis1 to increase the resiliency of publicly owned treatment works4 2 7#c7 by striking subsection 7c72 7#d7 by redesignating subsection 7d7 as subsection 7c72 and 7#e7 in subsection 7c7 7as so redesignated7 by striking #e years after the date of enactment of this section1 and inserting ,october #a1 #bjae14 #ejab4 ,definition of treatment works 7a7 ,grants for construction of treatment works ,section #bab7b77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib7b77;,a77 is amended-- 7#a7 by striking any works1 including site2 7#b7 by striking is used for ultimate and inserting will be used for ultimate2 and 7#c7 by inserting before the period at the end the following3 and acquisition of other land1 and interests in land1 that are necessary for construction4 7b7 ,definitions ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended by adding at the end the following3 7#bf7 ,treatment works ,the term treatment works has the meaning given the term in section #bab4 4 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad4 #ejac4 ,funding for ,indian programs ,section #eah7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;c77 is amended-- 7#a7 by striking ,the ,administrator and inserting the following3 7#a7 ,fiscal years #aihg-bjad ,the ,administrator 2 7#b7 in paragraph 7#a7 7as so designated7-- 7,a7 by striking each fiscal year beginning after ,september #cj1 #aihf1 and inserting each of fiscal years #aihg through #bjad12 and 7,b7 by striking the second sentence2 and 7#c7 by adding at the end the following3 7#b7 ,fiscal year #bjae and thereafter ,for fiscal year #bjae and each fiscal year thereafter1 the ,administrator shall reserve1 before allotments to the ,states under section #fjd7;a71 not less than #j4e percent and not more than #b4j percent of the funds made available to carry out title ,,vi4 7#c7 ,use of funds ,funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section #fjc7;c7 to serve-- 7,a7 ,indian tribes 7as defined in subsection 7h772 7,b7 former ,indian reservations in ,oklahoma 7as determined by the ,secretary of the ,interior72 and 7,c7 ,native villages 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb774 4 #ejad4 ,water infrastructure public-private partnership pilot program 7a7 ,in general ,the ,secretary shall establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-,federal pilot applicants to carry out authorized water resources development projects for coastal harbor improvement1 channel improvement1 inland navigation1 flood damage reduction1 aquatic ecosystem restoration1 and hurricane and storm damage reduction4 7b7 ,purposes ,the purposes of the pilot program established under subsection 7a7 are-- 7#a7 to identify cost-saving project delivery alternatives that reduce the backlog of authorized ,corps of ,engineers projects2 and 7#b7 to evaluate the technical1 financial1 and organizational benefits of allowing a non-,federal pilot applicant to carry out and manage the design or construction 7or both7 of #a or more of such projects4 7c7 ,subsequent appropriations ,any activity undertaken under this section is authorized only to the extent specifically provided for in subsequent appropriations ,acts4 7d7 ,administration ,in carrying out the pilot program established under subsection 7a71 the ,secretary shall-- 7#a7 identify for inclusion in the program at least #ae projects that are authorized for construction for coastal harbor improvement1 channel improvement1 inland navigation1 flood damage reduction1 or hurricane and storm damage reduction2 7#b7 notify in writing the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives of each project identified under paragraph 7#a72 7#c7 in consultation with the non-,federal pilot applicant associated with each project identified under paragraph 7#a71 develop a detailed project management plan for the project that outlines the scope1 financing1 budget1 design1 and construction resource requirements necessary for the non-,federal pilot applicant to execute the project1 or a separable element of the project2 7#d7 at the request of the non-,federal pilot applicant associated with each project identified under paragraph 7#a71 enter into a project partnership agreement with the non-,federal pilot applicant under which the non-,federal pilot applicant is provided full project management control for the financing1 design1 or construction 7or any combination thereof7 of the project1 or a separable element of the project1 in accordance with plans approved by the ,secretary2 7#e7 following execution of a project partnership agreement under paragraph 7#d7 and completion of all work under the agreement1 issue payment1 in accordance with subsection 7g71 to the relevant non-,federal pilot applicant for that work2 and 7#f7 regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the ,secretary and that construction costs are reasonable4 7e7 ,selection criteria ,in identifying projects under subsection 7d77#a71 the ,secretary shall consider the extent to which the project-- 7#a7 is significant to the economy of the ,united ,states2 7#b7 leverages ,federal investment by encouraging non-,federal contributions to the project2 7#c7 employs innovative project delivery and cost-saving methods2 7#d7 received ,federal funds in the past and experienced delays or missed scheduled deadlines2 7#e7 has unobligated ,corps of ,engineers funding balances2 and 7#f7 has not received ,federal funding for recapitalization and modernization since the project was authorized4 7f7 ,detailed project schedule ,not later than #ahj days after entering into a project partnership agreement under subsection 7d77#d71 a non-,federal pilot applicant1 to the maximum extent practicable1 shall submit to the ,secretary a detailed project schedule for the relevant project1 based on estimated funding levels1 that specifies deadlines for each milestone with respect to the project4 7g7 ,payment ,payment to the non-,federal pilot applicant for work completed pursuant to a project partnership agreement under subsection 7d77#d7 may be made from-- 7#a7 if applicable1 the balance of the unobligated amounts appropriated for the project2 and 7#b7 other amounts appropriated to the ,corps of ,engineers1 subject to the condition that the total amount transferred to the non-,federal pilot applicant may not exceed the estimate of the ,federal share of the cost of construction1 including any required design4 7h7 ,technical assistance ,at the request of a non-,federal pilot applicant participating in the pilot program established under subsection 7a71 the ,secretary may provide to the non-,federal pilot applicant1 if the non-,federal pilot applicant contracts with and compensates the ,secretary1 technical assistance with respect to-- 7#a7 a study1 engineering activity1 or design activity related to a project carried out by the non-,federal pilot applicant under the program2 and 7#b7 obtaining permits necessary for such a project4 7i7 ,identification of impediments 7#a7 ,in general ,the ,secretary shall-- 7,a7 except as provided in paragraph 7#b71 identify any procedural requirements under the authority of the ,secretary that impede greater use of public-private partnerships and private investment in water resources development projects2 7,b7 develop and implement1 on a project-by-project basis1 procedures and approaches that-- 7i7 address such impediments2 and 7ii7 protect the public interest and any public investment in water resources development projects that involve public-private partnerships or private investment in water resources development projects2 and 7,c7 not later than #a year after the date of enactment of this section1 issue rules to carry out the procedures and approaches developed under subparagraph 7,b74 7#b7 ,rule of construction ,nothing in this section allows the ,secretary to waive any requirement under-- 7,a7 sections #cada through #cadh and sections #cgja through #cgjh of title #dj1 ,united ,states ,code2 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,c7 any other provision of ,federal law4 7j7 ,public benefit studies 7#a7 ,in general ,before entering into a project partnership agreement under subsection 7d77#d71 the ,secretary shall conduct an assessment of whether1 and provide justification in writing to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that1 the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing4 7#b7 ,requirements ,an assessment under paragraph 7#a7 shall-- 7,a7 be completed in a period of not more than #ij days2 7,b7 take into consideration any supporting materials and data submitted by the relevant non-,federal pilot applicant and other stakeholders2 and 7,c7 determine whether the proposed project partnership agreement is in the public interest by determining whether the agreement will provide public and financial benefits1 including expedited project delivery and savings for taxpayers4 7k7 ,non-,federal funding ,the non-,federal pilot applicant may finance the non-,federal share of a project carried out under the pilot program established under subsection 7a74 7l7 ,applicability of ,federal law ,any provision of ,federal law that would apply to the ,secretary if the ,secretary were carrying out a project shall apply to a non-,federal pilot applicant carrying out a project under this section4 7m7 ,cost share ,nothing in this section affects a cost-sharing requirement under ,federal law that is applicable to a project carried out under the pilot program established under subsection 7a74 7n7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report describing the results of the pilot program established under subsection 7a71 including any recommendations of the ,secretary concerning whether the program or any component of the program should be implemented on a national basis4 7o7 ,non-,federal pilot applicant defined ,in this section1 the term non-,federal pilot applicant means-- 7#a7 the non-,federal sponsor of the water resources development project2 7#b7 a non-,federal interest1 as defined in section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aihb;d-#e;b72 or 7#c7 a private entity with the consent of the local government in which the project is located or that is otherwise affected by the project4 ,c ,innovative financing pilot projects #ejba4 ,short title ,this subtitle may be cited as the ,water ,infrastructure ,finance and ,innovation ,act of #bjad4 #ejbb4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,community water system ,the term community water system has the meaning given the term in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f74 7#c7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan or loan guarantee authorized to be made available under this subtitle with respect to a project4 7#d7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher assigned by a rating agency to project obligations4 7#e7 ,lender 7,a7 ,in general ,the term lender means any non-,federal qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or a successor regulation71 known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq4774 7,b7 ,inclusions ,the term lender includes-- 7i7 a qualified retirement plan 7as defined in section #digd7;c7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer2 and 7ii7 a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer4 7#f7 ,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 of1 and interest on1 a loan or other debt obligation issued by an obligor and funded by a lender4 7#g7 ,obligor ,the term obligor means an eligible entity that is primarily liable for payment of the principal of1 or interest on1 a ,federal credit instrument4 7#h7 ,project obligation 7,a7 ,in general ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project4 7,b7 ,exclusion ,the term project obligation does not include a ,federal credit instrument4 7#i7 ,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 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#aj7 ,secured loan ,the term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the ,secretary or ,administrator1 as applicable1 in connection with the financing of a project under section #ejbi4 7#aa7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#ab7 ,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 by1 or otherwise carry out the requirements of1 title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et4 seq47 or section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7#ac7 ,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 instrument1 as calculated on a net present value basis1 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#ad7 ,substantial completion ,the term substantial completion1 with respect to a project1 means the earliest date on which a project is considered to perform the functions for which the project is designed4 7#ae7 ,treatment works ,the term treatment works has the meaning given the term in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib74 #ejbc4 ,authority to provide assistance 7a7 ,in general ,the ,secretary and the ,administrator may provide financial assistance under this subtitle to carry out pilot projects1 which shall be selected to ensure a diversity of project types and geographical locations4 7b7 ,responsibility 7#a7 ,secretary ,the ,secretary shall carry out all pilot projects under this subtitle that are eligible projects under section #ejbf7a74 7#b7 ,administrator ,the ,administrator shall carry out all pilot projects under this subtitle that are eligible projects under paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#h7 of section #ejbf4 7#c7 ,other projects ,the ,secretary or the ,administrator1 as applicable1 may carry out eligible projects under paragraph 7#g7 or 7#i7 of section #ejbf4 #ejbd4 ,applications 7a7 ,in general ,to receive assistance under this subtitle1 an eligible entity shall submit to the ,secretary or the ,administrator1 as applicable1 an application at such time1 in such manner1 and containing such information as the ,secretary or the ,administrator may require4 7b7 ,combined projects ,in the case of an eligible project described in paragraph 7#h7 or 7#i7 of section #ejbf1 the ,secretary or the ,administrator1 as applicable1 shall require the eligible entity to submit a single application for the combined group of projects4 #ejbe4 ,eligible entities ,the following entities are eligible to receive assistance under this subtitle3 7#a7 ,a corporation4 7#b7 ,a partnership4 7#c7 ,a joint venture4 7#d7 ,a trust4 7#e7 ,a ,federal1 ,state1 or local governmental entity1 agency1 or instrumentality4 7#f7 ,a tribal government or consortium of tribal governments4 7#g7 ,a ,state infrastructure financing authority4 #ejbf4 ,projects eligible for assistance ,the following projects may be carried out with amounts made available under this subtitle3 7#a7 ,any project for flood damage reduction1 hurricane and storm damage reduction1 environmental restoration1 coastal or inland harbor navigation improvement1 or inland and intracoastal waterways navigation improvement that the ,secretary determines is technically sound1 economically justified1 and environmentally acceptable1 including-- 7,a7 a project to reduce flood damage2 7,b7 a project to restore aquatic ecosystems2 7,c7 a project to improve the inland and intracoastal waterways navigation system of the ,united ,states2 and 7,d7 a project to improve navigation of a coastal or inland harbor of the ,united ,states1 including channel deepening and construction of associated general navigation features4 7#b7 #a or more activities that are eligible for assistance under section #fjc7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;c771 notwithstanding the public ownership requirement under paragraph 7#a7 of that subsection4 7#c7 #a or more activities described in section #adeb7;a77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b774 7#d7 ,a project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works4 7#e7 ,a project for repair1 rehabilitation1 or replacement of a treatment works1 community water system1 or aging water distribution or waste collection facility 7including a facility that serves a population or community of an ,indian reservation74 7#f7 ,a brackish or sea water desalination project1 a managed aquifer recharge project1 or a water recycling project4 7#g7 ,acquisition of real property or an interest in real property-- 7,a7 if the acquisition is integral to a project described in paragraphs 7#a7 through 7#f72 or 7,b7 pursuant to an existing plan that1 in the judgment of the ,administrator or the ,secretary1 as applicable1 would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section4 7#h7 ,a combination of projects1 each of which is eligible under paragraph 7#b7 or 7#c71 for which a ,state infrastructure financing authority submits to the ,administrator a single application4 7#i7 ,a combination of projects secured by a common security pledge1 each of which is eligible under paragraph 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 or 7#g71 for which an eligible entity1 or a combination of eligible entities1 submits a single application4 #ejbg4 ,activities eligible for assistance ,for purposes of this subtitle1 an eligible activity with respect to an eligible project includes the cost of-- 7#a7 development-phase activities1 including planning1 feasibility analysis 7including any related analysis necessary to carry out an eligible project71 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7#b7 construction1 reconstruction1 rehabilitation1 and replacement activities2 7#c7 the acquisition of real property or an interest in real property 7including water rights1 land relating to the project1 and improvements to land71 environmental mitigation 7including acquisitions pursuant to section #ejbf7g771 construction contingencies1 and acquisition of equipment2 and 7#d7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction4 #ejbh4 ,determination of eligibility and project selection 7a7 ,eligibility requirements ,to be eligible to receive financial assistance under this subtitle1 a project shall meet the following criteria1 as determined by the ,secretary or ,administrator1 as applicable3 7#a7 ,creditworthiness 7,a7 ,in general ,the project and obligor shall be creditworthy1 which shall be determined by the ,secretary or the ,administrator1 as applicable4 7,b7 ,considerations ,in determining the creditworthiness of a project and obligor1 the ,secretary or the ,administrator1 as applicable1 shall take into consideration relevant factors1 including-- 7i7 the terms1 conditions1 financial structure1 and security features of the proposed financing2 7ii7 the dedicated revenue sources that will secure or fund the project obligations2 7iii7 the financial assumptions upon which the project is based2 and 7iv7 the financial soundness and credit history of the obligor4 7,c7 ,security features ,the ,secretary or the ,administrator1 as applicable1 shall ensure that any financing for the project has appropriate security features1 such as a rate covenant1 supporting the project obligations to ensure repayment4 7,d7 ,rating opinion letters 7i7 ,preliminary rating opinion letter ,the ,secretary or the ,administrator1 as applicable1 shall require each project applicant to provide1 at the time of application1 a preliminary rating opinion letter from at least #a rating agency indicating that the senior obligations of the project 7which may be the ,federal credit instrument7 have the potential to achieve an investment-grade rating4 7ii7 ,final rating opinion letters ,the ,secretary or the ,administrator1 as applicable1 shall require each project applicant to provide1 prior to final acceptance and financing of the project1 final rating opinion letters from at least #b rating agencies indicating that the senior obligations of the project have an investment-grade rating4 7,e7 ,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 #ejbf7h7 or an entity for a project under section #ejbf7i71 which may include requiring the provision of a final rating opinion letter from at least #b rating agencies4 7#b7 ,eligible project costs 7,a7 ,in general ,subject to subparagraph 7,b71 the eligible project costs of a project shall be reasonably anticipated to be not less than #bj1jjj1jjj4 7,b7 ,small community water infrastructure projects ,for a project described in paragraph 7#b7 or 7#c7 of section #ejbf that serves a community of not more than #be1jjj individuals1 the eligible project costs of a project shall be reasonably anticipated to be not less than #e1jjj1jjj4 7#c7 ,dedicated revenue sources ,the ,federal credit instrument for the project shall be repayable1 in whole or in part1 from dedicated revenue sources that also secure the project obligations4 7#d7 ,public sponsorship of private entities 7,a7 ,in general ,if an eligible project is 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 governments1 the project shall be publicly sponsored4 7,b7 ,public sponsorship ,for purposes of this subtitle1 a project shall be considered to be publicly sponsored if the obligor can demonstrate1 to the satisfaction of the ,secretary or the ,administrator1 as appropriate1 that the project applicant has consulted with the affected ,state1 local1 or tribal government in which the project is located1 or is otherwise affected by the project1 and that such government supports the proposed project4 7#e7 ,limitation ,no project receiving ,federal credit assistance under this subtitle may be financed 7directly or indirectly71 in whole or in part1 with proceeds of any obligation-- 7,a7 the interest on which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf2 or 7,b7 with respect to which credit is allowable under subpart ,i or ,j of part ,,iv of subchapter ,a of chapter #a of such ,code4 7#f7 ,use of existing financing mechanisms 7,a7 ,notification ,for each eligible project for which the ,administrator has authority under paragraph 7#b7 or 7#c7 of section #ejbc7;b7 and for which the ,administrator has received an application for financial assistance under this subtitle1 the ,administrator shall notify1 not later than #cj days after the date on which the ,administrator receives a complete application1 the applicable ,state infrastructure financing authority of the ,state in which the project is located that such application has been submitted4 7,b7 ,determination ,if1 not later than #fj days after the date of receipt of a notification under subparagraph 7,a71 a ,state infrastructure financing authority notifies the ,administrator that the ,state infrastructure financing authority intends to commit funds to the project in an amount that is equal to or greater than the amount requested under the application1 the ,administrator may not provide any financial assistance for that project under this subtitle unless-- 7i7 by the date that is #ahj days after the date of receipt of a notification under subparagraph 7,a71 the ,state infrastructure financing authority fails to enter into an assistance agreement to provide funds for the project2 or 7ii7 the financial assistance to be provided by the ,state infrastructure financing authority will be at rates and terms that are less favorable than the rates and terms for financial assistance provided under this subtitle4 7#g7 ,operation and maintenance plan 7,a7 ,in general ,the ,secretary or the ,administrator1 as applicable1 shall determine whether an applicant for assistance under this subtitle has developed1 and identified adequate revenues to implement1 a plan for operating1 maintaining1 and repairing the project over the useful life of the project4 7,b7 ,special rule ,an eligible project described in section #ejbf7a7 that has not been specifically authorized by ,congress shall not be eligible for ,federal assistance for operations and maintenance4 7b7 ,selection criteria 7#a7 ,establishment ,the ,secretary or the ,administrator1 as applicable1 shall establish criteria for the selection of projects that meet the eligibility requirements of subsection 7a71 in accordance with paragraph 7#b74 7#b7 ,criteria ,the selection criteria shall include the following3 7,a7 ,the extent to which the project is nationally or regionally significant1 with respect to the generation of economic and public benefits1 such as-- 7i7 the reduction of flood risk2 7ii7 the improvement of water quality and quantity1 including aquifer recharge2 7iii7 the protection of drinking water1 including source water protection2 and 7iv7 the support of international commerce4 7,b7 ,the extent to which the project financing plan includes public or private financing in addition to assistance under this subtitle4 7,c7 ,the likelihood that assistance under this subtitle would enable the project to proceed at an earlier date than the project would otherwise be able to proceed4 7,d7 ,the extent to which the project uses new or innovative approaches4 7,e7 ,the amount of budget authority required to fund the ,federal credit instrument made available under this subtitle4 7,f7 ,the extent to which the project-- 7i7 protects against extreme weather events1 such as floods or hurricanes2 or 7ii7 helps maintain or protect the environment4 7,g7 ,the extent to which a project serves regions with significant energy exploration1 development1 or production areas4 7,h7 ,the extent to which a project serves regions with significant water resource challenges1 including the need to address-- 7i7 water quality concerns in areas of regional1 national1 or international significance2 7ii7 water quantity concerns related to groundwater1 surface water1 or other water sources2 7iii7 significant flood risk2 7iv7 water resource challenges identified in existing regional1 ,state1 or multistate agreements2 or 7v7 water resources with exceptional recreational value or ecological importance4 7,i7 ,the extent to which the project addresses identified municipal1 ,state1 or regional priorities4 7,j7 ,the readiness of the project to proceed toward development1 including a demonstration by the obligor that there is a reasonable expectation that the contracting process for construction of the project can commence by not later than #ij days after the date on which a ,federal credit instrument is obligated for the project under this subtitle4 7,k7 ,the extent to which assistance under this subtitle reduces the contribution of ,federal assistance to the project4 7#c7 ,special rule for certain combined projects ,for a project described in section #ejbf7h71 the ,administrator shall only consider the criteria described in subparagraphs 7,b7 through 7,k7 of paragraph 7#b74 7c7 ,federal requirements ,nothing in this section supersedes the applicability of other requirements of ,federal law 7including regulations74 #ejbi4 ,secured loans 7a7 ,agreements 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,secretary or the ,administrator1 as applicable1 may enter into agreements with #a or more obligors to make secured loans1 the proceeds of which shall be used to finance eligible project costs of any project selected under section #ejbh4 7#b7 ,financial risk assessment ,before entering into an agreement under this subsection for a secured loan1 the ,secretary or the ,administrator1 as applicable1 in consultation with the ,director of the ,office of ,management and ,budget and each rating agency providing a rating opinion letter under section #ejbh7;a77#a77;,d71 shall determine an appropriate capital reserve subsidy amount for the secured loan1 taking into account each such rating opinion letter4 7#c7 ,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 rating4 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan provided for a project under this section shall be subject to such terms and conditions1 and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits71 as the ,secretary or the ,administrator1 as applicable1 determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of-- 7,a7 an amount equal to #di percent of the reasonably anticipated eligible project costs2 and 7,b7 if the secured loan does not receive an investment-grade rating1 the amount of the senior project obligations of the project4 7#c7 ,payment ,a secured loan under this section-- 7,a7 shall be payable1 in whole or in part1 from ,state or local taxes1 user fees1 or other dedicated revenue sources that also secure the senior project obligations of the relevant project2 7,b7 shall include a rate covenant1 coverage requirement1 or similar security feature supporting the project obligations2 and 7,c7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#d7 ,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 agreement4 7#e7 ,maturity date 7,a7 ,in general ,the final maturity date of a secured loan under this section shall be the earlier of-- 7i7 the date that is #ce years after the date of substantial completion of the relevant project 7as determined by the ,secretary or the ,administrator1 as applicable72 and 7ii7 if the useful life of the project 7as determined by the ,secretary or ,administrator1 as applicable7 is less than #ce years1 the useful life the project4 7,b7 ,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 #ce years after the date on which amounts are first disbursed4 7#f7 ,nonsubordination ,a secured loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor of the project4 7#g7 ,fees ,the ,secretary or the ,administrator1 as applicable1 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 section4 7#h7 ,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 funds4 7#i7 ,maximum federal involvement 7,a7 ,in general ,except as provided in subparagraph 7,b71 for each project for which assistance is provided under this subtitle1 the total amount of ,federal assistance shall not exceed #hj percent of the total project cost4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to any rural water project-- 7i7 that is authorized to be carried out by the ,secretary of the ,interior2 7ii7 that includes among its beneficiaries a federally recognized ,indian tribe2 and 7iii7 for which the authorized ,federal share of the total project costs is greater than the amount described in subparagraph 7,a74 7c7 ,repayment 7#a7 ,schedule ,the ,secretary or the ,administrator1 as applicable1 shall establish a repayment schedule for each secured loan provided under this section1 based on the projected cash flow from project revenues and other repayment sources4 7#b7 ,commencement 7,a7 ,in general ,scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project 7as determined by the ,secretary or ,administrator1 as applicable74 7,b7 ,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 subtitle shall commence not later than #e years after the date on which amounts are first disbursed4 7#c7 ,deferred payments 7,a7 ,authorization ,if1 at any time after the date of substantial completion of a project for which a secured loan is provided under this section1 the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan1 the ,secretary or the ,administrator1 as applicable1 subject to subparagraph 7,c71 may allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the secured loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting such criteria as the ,secretary or the ,administrator1 as applicable1 may establish4 7ii7 ,repayment standards ,the criteria established under clause 7i7 shall include standards for reasonable assurance of repayment4 7#d7 ,prepayment 7,a7 ,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 agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay a secured loan under this section without penalty4 7,b7 ,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 sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after the date of substantial completion of a project and after providing a notice to the obligor1 the ,secretary or the ,administrator1 as applicable1 may sell to another entity or reoffer into the capital markets a secured loan for a project under this section1 if the ,secretary or the ,administrator1 as applicable1 determines that the sale or reoffering can be made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary or the ,administrator1 as applicable1 may not change the original terms and conditions of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,in general ,the ,secretary or the ,administrator1 as applicable1 may provide a loan guarantee to a lender in lieu of making a secured loan under this section1 if the ,secretary or the ,administrator1 as applicable1 determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee provided under this subsection shall be consistent with the terms established in this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,secretary or the ,administrator1 as applicable4 #ejcj4 ,program administration 7a7 ,requirement ,the ,secretary or the ,administrator1 as applicable1 shall establish a uniform system to service the ,federal credit instruments made available under this subtitle4 7b7 ,fees 7#a7 ,in general ,the ,secretary or the ,administrator1 as applicable1 may collect and spend fees1 contingent on authority being provided in appropriations ,acts1 at a level that is sufficient to cover-- 7,a7 the costs of services of expert firms retained pursuant to subsection 7d72 and 7,b7 all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments provided under this subtitle4 7c7 ,servicer 7#a7 ,in general ,the ,secretary or the ,administrator1 as applicable1 may appoint a financial entity to assist the ,secretary or the ,administrator in servicing the ,federal credit instruments provided under this subtitle4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,secretary or the ,administrator1 as applicable4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,secretary or the ,administrator1 as applicable4 7d7 ,assistance from experts ,the ,secretary or the ,administrator1 as applicable1 may retain the services1 including counsel1 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 subtitle4 7e7 ,applicability of other laws ,section #eac of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgb7 applies to the construction of a project carried out1 in whole or in part1 with assistance made available through a ,federal credit instrument under this subtitle in the same manner that section applies to a treatment works for which a grant is made available under that ,act4 #ejca4 ,state1 tribal1 and local permits ,the provision of financial assistance for a project under this subtitle shall not-- 7#a7 relieve any recipient of the assistance of any obligation to obtain any required ,state1 local1 or tribal permit or approval with respect to the project2 7#b7 limit the right of any unit of ,state1 local1 or tribal government to approve or regulate any rate of return on private equity invested in the project2 or 7#c7 otherwise supersede any ,state1 local1 or tribal law 7including any regulation7 applicable to the construction or operation of the project4 #ejcb4 ,regulations ,the ,secretary or the ,administrator1 as applicable1 may promulgate such regulations as the ,secretary or ,administrator determines to be appropriate to carry out this subtitle4 #ejcc4 ,funding 7a7 ,in general ,there is authorized to be appropriated to each of the ,secretary and the ,administrator to carry out this subtitle1 to remain available until expended-- 7#a7 #bj1jjj1jjj for fiscal year #bjae2 7#b7 #be1jjj1jjj for fiscal year #bjaf2 7#c7 #ce1jjj1jjj for fiscal year #bjag2 7#d7 #de1jjj1jjj for fiscal year #bjah2 and 7#e7 #ej1jjj1jjj for fiscal year #bjai4 7b7 ,administrative costs ,of the funds made available to carry out this subtitle1 the ,secretary or the ,administrator1 as applicable1 may use for the administration of this subtitle1 including for the provision of technical assistance to aid project sponsors in obtaining the necessary approvals for the project1 not more than #b1bjj1jjj for each of fiscal years #bjae through #bjai4 7c7 ,small community water infrastructure projects 7#a7 ,in general ,for each fiscal year1 the ,secretary or the ,administrator1 as applicable1 shall set aside not less than #ae percent of the amounts made available for that fiscal year under this section for small community water infrastructure projects described in section #ejbh7;a77#b77;,b74 7#b7 ,administration ,any amounts set aside under paragraph 7#a7 that remain unobligated on ,june #a of the fiscal year for which the amounts are set aside shall be available for obligation by the ,secretary or the ,administrator1 as applicable1 for projects other than small community water infrastructure projects4 7d7 ,additional funding ,notwithstanding section #ejbi7;b77#b71 the ,secretary or the ,administrator1 as applicable1 may make available up to #be percent of the amounts made available for each fiscal year under this section for loans in excess of #di percent of the total project costs4 #ejcd4 ,reports on pilot program implementation 7a7 ,agency reporting ,as soon as practicable after each fiscal year for which amounts are made available to carry out this subtitle1 the ,secretary and the ,administrator shall publish on a dedicated1 publicly accessible ,internet site-- 7#a7 each application received for assistance under this subtitle2 and 7#b7 a list of the projects selected for assistance under this subtitle1 including-- 7,a7 a description of each project2 7,b7 the amount of financial assistance provided for each project2 and 7,c7 the basis for the selection of each project with respect to the requirements of this subtitle4 7b7 ,reports to ,congress 7#a7 ,in general ,not later than #d years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states 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 receiving1 or have received1 assistance under this subtitle-- 7,a7 the applications received for assistance under this subtitle2 7,b7 the projects selected for assistance under this subtitle1 including a description of the projects and the basis for the selection of those projects with respect to the requirements of this subtitle2 7,c7 the type and amount of financial assistance provided for each project selected for assistance under this subtitle2 7,d7 the financial performance of each project selected for assistance under this subtitle1 including an evaluation of whether the objectives of this subtitle are being met2 7,e7 the benefits and impacts of implementation of this subtitle1 including the public benefit provided by the projects selected for assistance under this subtitle1 including1 as applicable1 water quality and water quantity improvement1 the protection of drinking water1 and the reduction of flood risk2 and 7,f7 an evaluation of the feasibility of attracting non-,federal public or private financing for water infrastructure projects as a result of the implementation of this subtitle4 7#b7 ,recommendations ,the report under paragraph 7#a7 shall include-- 7,a7 an evaluation of the impacts 7if any7 of the limitation under section #ejbh7;a77#e7 on the ability of eligible entities to finance water infrastructure projects under this subtitle2 7,b7 a recommendation as to whether the objectives of this subtitle would be best served-- 7i7 by continuing the authority of the ,secretary or the ,administrator1 as applicable1 to provide assistance under this subtitle2 7ii7 by establishing a ,government corporation or ,government-sponsored enterprise to provide assistance in accordance with this subtitle2 or 7iii7 by terminating the authority of the ,secretary and the ,administrator under this subtitle and relying on the capital markets to fund the types of infrastructure investments assisted by this subtitle without ,federal participation2 and 7,c7 any proposed changes to improve the efficiency and effectiveness of this subtitle in providing financing for water infrastructure projects1 taking into consideration the recommendations made under subparagraphs 7,a7 and 7,b74 #ejce4 ,requirements 7a7 ,in general ,except as provided in subsection 7c71 none of the amounts made available under this subtitle may be used for the construction1 alteration1 maintenance1 or repair of a project eligible for assistance under this subtitle unless all of the iron and steel products used in the project are produced in the ,united ,states4 7b7 ,definition of iron and steel products ,in this section1 the term iron and steel products means the following products made primarily of iron or steel3 lined or unlined pipes and fittings1 manhole covers and other municipal castings1 hydrants1 tanks1 flanges1 pipe clamps and restraints1 valves1 structural steel1 reinforced precast concrete1 and construction materials4 7c7 ,application ,subsection 7a7 shall not apply in any case or category of cases in which the ,administrator finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7d7 ,waiver ,if the ,administrator receives a request for a waiver under this section1 the ,administrator shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,administrator concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,administrator shall make the request and accompanying information available by electronic means1 including on the official public ,internet ,web site of the ,environmental ,protection ,agency4 7e7 ,international agreements ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 ,,vi ,deauthorization and backlog prevention #fjja4 ,deauthorization of inactive projects 7a7 ,purposes ,the purposes of this section are-- 7#a7 to identify #ah1jjj1jjj1jjj in water resources development projects authorized by ,congress that are no longer viable for construction due to-- 7,a7 a lack of local support2 7,b7 a lack of available ,federal or non-,federal resources2 or 7,c7 an authorizing purpose that is no longer relevant or feasible2 7#b7 to create an expedited and definitive process to deauthorize water resources development projects that are no longer viable for construction2 and 7#c7 to allow the continued authorization of water resources development projects that are viable for construction4 7b7 ,comprehensive status reports ,section #ajja7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a7b77 is amended by adding at the end the following3 7#c7 ,minimum funding list ,at the end of each fiscal year1 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 ,representatives1 and make available on a publicly accessible ,internet site in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7,a7 projects or separable elements of projects authorized for construction for which funding has been obligated during the current fiscal year or any of the #f preceding fiscal years2 7,b7 the amount of funding obligated for each such project or separable element per fiscal year2 7,c7 the current phase of each such project or separable element of a project2 and 7,d7 the amount required to complete the current phase of each such project or separable element4 7#d7 ,comprehensive backlog report 7,a7 ,in general ,the ,secretary shall compile and publish a complete list of all projects and separable elements of projects of the ,corps of ,engineers that are authorized for construction but have not been completed4 7,b7 ,required information ,the ,secretary shall include on the list developed under subparagraph 7,a7 for each project and separable element on that list-- 7i7 the date of authorization of the project or separable element1 including any subsequent modifications to the original authorization2 7ii7 the original budget authority for the project or separable element2 7iii7 a brief description of the project or separable element2 7iv7 the estimated date of completion of the project or separable element2 7v7 the estimated cost of completion of the project or separable element2 and 7vi7 any amounts appropriated for the project or separable element that remain unobligated4 7,c7 ,publication 7i7 ,in general ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall submit a copy of the list developed under subparagraph 7,a7 to-- 7,i7 the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,,ii7 the ,director of the ,office of ,management and ,budget4 7ii7 ,public availability ,beginning on the date the ,secretary submits the report to ,congress under clause 7i71 the ,secretary shall make a copy of the list available on a publicly accessible ,internet site in a manner that is downloadable1 searchable1 and sortable4 4 7c7 ,interim deauthorization list 7#a7 ,in general ,the ,secretary shall develop an interim deauthorization list that identifies each water resources development project1 or separable element of a project1 authorized for construction before ,november #h1 #bjjg1 for which-- 7,a7 construction was not initiated before the date of enactment of this ,act2 or 7,b7 construction was initiated before the date of enactment of this ,act1 but for which no funds1 ,federal or non-,federal1 were obligated for construction of the project or separable element of the project during the current fiscal year or any of the #f preceding fiscal years4 7#b7 ,special rule for projects receiving funds for post-authorization study ,a project or separable element of a project may not be identified on the interim deauthorization list1 or the final deauthorization list developed under subsection 7d71 if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the #f preceding fiscal years4 7#c7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit comments from the public and the ,governors of each applicable ,state on the interim deauthorization list developed under paragraph 7#a74 7,b7 ,comment period ,the public comment period shall be #ij days4 7#d7 ,submission to ,congress2 publication ,not later than #ij days after the date of submission of the list required by section #ajja7;b77#d77;,a7 of the ,water ,resources ,development ,act of #aihf 7as added by subsection 7b771 the ,secretary shall-- 7,a7 submit the interim deauthorization list to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,b7 publish the interim deauthorization list in the ,federal ,register4 7d7 ,final deauthorization list 7#a7 ,in general ,the ,secretary shall develop a final deauthorization list of each water resources development project1 or separable element of a project1 described in subsection 7c77#a7 that is identified pursuant to this subsection4 7#b7 ,deauthorization amount 7,a7 ,in general ,the ,secretary shall include on the final deauthorization list projects and separable elements of projects that have1 in the aggregate1 an estimated ,federal cost to complete that is at least #ah1jjj1jjj1jjj4 7,b7 ,determination of ,federal cost to complete ,for purposes of subparagraph 7,a71 the ,federal cost to complete shall take into account any allowances authorized by section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj71 as applied to the most recent project schedule and cost estimate4 7#c7 ,identification of projects 7,a7 ,sequencing of projects 7i7 ,in general ,the ,secretary shall identify projects and separable elements of projects for inclusion on the final deauthorization list according to the order in which the projects and separable elements of the projects were authorized1 beginning with the earliest authorized projects and separable elements of projects and ending once the last project or separable element of a project necessary to meet the aggregate amount under paragraph 7#b7 is identified4 7ii7 ,factors to consider ,the ,secretary may identify projects and separable elements of projects in an order other than that established by clause 7i7 if the ,secretary determines1 on a case-by-case basis1 that a project or separable element of a project is critical for interests of the ,united ,states1 based on the possible impact of the project or separable element of the project on public health and safety1 the national economy1 or the environment4 7iii7 ,consideration of public comments ,in making determinations under clause 7ii71 the ,secretary shall consider any comments received under subsection 7c77#c74 7,b7 ,appendix ,the ,secretary shall include as part of the final deauthorization list an appendix that-- 7i7 identifies each project or separable element of a project on the interim deauthorization list developed under subsection 7c7 that is not included on the final deauthorization list2 and 7ii7 describes the reasons why the project or separable element is not included4 7#d7 ,submission to ,congress2 publication ,not later than #abj days after the date on which the public comment period under subsection 7c77#c7 expires1 the ,secretary shall-- 7,a7 submit the final deauthorization list and the appendix to the final deauthorization list to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,b7 publish the final deauthorization list and the appendix to the final deauthorization list in the ,federal ,register4 7e7 ,deauthorization2 congressional review 7#a7 ,in general ,after the expiration of the #ahj-;day period beginning on the date of submission of the final deauthorization report under subsection 7d71 a project or separable element of a project identified in the report is hereby deauthorized1 unless ,congress passes a joint resolution disapproving the final deauthorization report prior to the end of such period4 7#b7 ,non-,federal contributions 7,a7 ,in general ,a project or separable element of a project identified in the final deauthorization report under subsection 7d7 shall not be deauthorized under this subsection if1 before the expiration of the #ahj-;day period referred to in paragraph 7#a71 the non-,federal interest for the project or separable element of the project provides sufficient funds to complete the project or separable element of the project4 7,b7 ,treatment of projects ,notwithstanding subparagraph 7,a71 each project and separable element of a project identified in the final deauthorization report shall be treated as deauthorized for purposes of the aggregate deauthorization amount specified in subsection 7d77#b74 7f7 ,general provisions 7#a7 ,definitions ,in this section3 7,a7 ,post-authorization study ,the term post-authorization study means-- 7i7 a feasibility report developed under section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb72 7ii7 a feasibility study1 as defined in section #aje7;d7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae7;d772 or 7iii7 a review conducted under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a71 including an initial appraisal that-- 7,i7 demonstrates a ,federal interest2 and 7,,ii7 requires additional analysis for the project or separable element4 7,b7 ,water resources development project ,the term water resources development project includes an environmental infrastructure assistance project or program of the ,corps of ,engineers4 7#b7 ,treatment of project modifications ,for purposes of this section1 if an authorized water resources development project or separable element of the project has been modified by an ,act of ,congress1 the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification4 #fjjb4 ,review of ,corps of ,engineers assets 7a7 ,assessment and ,inventory ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall conduct an assessment of all properties under the control of the ,corps of ,engineers and develop an inventory of the properties that are not needed for the missions of the ,corps of ,engineers4 7b7 ,criteria ,in conducting the assessment and developing the inventory under subsection 7a71 the ,secretary shall use the following criteria3 7#a7 ,the extent to which the property aligns with the current missions of the ,corps of ,engineers4 7#b7 ,the economic impact of the property on existing communities in the vicinity of the property4 7#c7 ,the extent to which the utilization rate for the property is being maximized and is consistent with nongovernmental industry standards for the given function or operation4 7#d7 ,the extent to which the reduction or elimination of the property could reduce operation and maintenance costs of the ,corps of ,engineers4 7#e7 ,the extent to which the reduction or elimination of the property could reduce energy consumption by the ,corps of ,engineers4 7c7 ,notification ,as soon as practicable following completion of the inventory of properties under subsection 7a71 the ,secretary shall provide the inventory to the ,administrator of ,general ,services4 7d7 ,report to ,congress ,not later than #cj days after the date of the notification under subsection 7c71 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 containing the findings of the ,secretary with respect to the assessment and inventory required under subsection 7a74 #fjjc4 ,backlog prevention 7a7 ,project deauthorization 7#a7 ,in general ,a water resources development project1 or separable element of such a project1 authorized for construction by this ,act shall not be authorized after the last day of the #g-year period beginning on the date of enactment of this ,act unless funds have been obligated for construction of such project during that period4 7#b7 ,identification of projects ,not later than #fj days after the expiration of the #g-year period referred to in paragraph 7#a71 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 identifies the projects deauthorized under paragraph 7#a74 7b7 ,report to ,congress ,not later than #fj days after the expiration of the #ab-year period beginning on the date of enactment of this ,act1 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 ,representatives1 and make available to the public1 a report that contains-- 7#a7 a list of any water resources development projects authorized by this ,act for which construction has not been completed during that period2 7#b7 a description of the reasons the projects were not completed2 7#c7 a schedule for the completion of the projects based on expected levels of appropriations2 and 7#d7 a #e-year and #aj-year projection of construction backlog and any recommendations to ,congress regarding how to mitigate current problems and the backlog4 #fjjd4 ,deauthorizations 7a7 ,in general 7#a7 ,walnut ,creek 7,pacheco ,creek71 ,california ,the portions of the project for flood protection on ,walnut ,creek1 ,california1 constructed under section #bjc of the ,flood ,control ,act of #aifj 7,public ,law #hf-fde2 #gd ,stat4 #dhh71 consisting of the ,walnut ,creek project from ,sta #jjj to ,sta #adbjj and the upstream extent of the ,walnut ,creek project along ,pacheco ,creek from ,sta #jjj to ,sta #gcej are no longer authorized beginning on the date of enactment of this ,act4 7#b7 ,walnut ,creek 7,san ,ramon ,creek71 ,california ,the portion of the project for flood protection on ,walnut ,creek1 ,california1 constructed under section #bjc of the ,flood ,control ,act of #aifj 7,public ,law #hf-fde2 #gd ,stat4 #dhh71 consisting of the culvert constructed by the ,department of the ,army on ,san ,ramon ,creek from ,sta #dbg to ,sta #adbg is no longer authorized beginning on the date of enactment of this ,act4 7#c7 ,eightmile ,river1 ,connecticut 7,a7 ,the portion of the project for navigation1 ,eightmile ,river1 ,connecticut1 authorized by the first section of the ,act of ,june #be1 #aiaj 7#cf ,stat4 #fcc1 chapter #chb7 7commonly known as the ,river and ,harbor ,act of #aiaj71 that begins at a point of the existing #h-;foot channel limit with coordinates ,n#gjajjb4ci1 ,e#aajibdg4gc1 thence running north #b degrees #ai minutes #eg4a seconds east #bfe4ji feet to a point ,n#gjabfg4bf1 ,e#aajibeh4eb1 thence running north #g degrees #dg minutes #ai4c seconds east #cbb4cb feet to a point ,n#gjaehf4fj1 ,e#aajicjb4bj1 thence running north #ij degrees #j minutes #j seconds east #fe4fa to a point ,n#gjaehf4fj1 ,e#aajicfg4hj1 thence running south #g degrees #dg minutes #ai4c seconds west #cbh4aa feet to a point ,n#gjabfa4eb1 ,e#aajicbc4cd1 thence running south #b degrees #ai minutes #eg4a seconds west #cje4di feet to an end at a point ,n#gjjief4bh1 ,e#aajicaj4ia on the existing #h-;foot channel limit1 shall be reduced to a width of #fe feet and the channel realigned to follow the deepest available water4 7,b7 ,the project referred to in subparagraph 7,a7 beginning at a point ,n#gjabif4gb1 ,e#aajibfb4ee and running north #de degrees #d minutes #b4h seconds west #gh4ji feet to a point ,n#gjacda4ah1 ,e#aajibag4ih1 thence running north #e degrees #h minutes #cd4f seconds east #ahj4ad feet to a point ,n#gjaebj4ei1 ,e#aajibcd4ac1 thence running north #ed degrees #e minutes #ej4a seconds east #aab4eg feet to a point ,n#gjaefh4jd1 ,e#aajibii4ff1 thence running south #g degrees #dg minutes #ah4d seconds west #bib4eh feet to the point of origin2 and the remaining area north of the channel realignment beginning at a point ,n#gjjief4bh1 ,e#aajicaj4ia thence running north #b degrees #ai minutes #eg4a seconds east #cje4di feet west to a point ,n#gjabfa4eb1 ,e#aajicbc4cd north #g degrees #dg minutes #ah4d seconds east #cbh4aa feet to a point ,n#gjaehf4fj1 ,e#aajicfg4ha thence running north #ij degrees #j minutes #j seconds east #g4ha feet to a point ,n#gjaehf4fj1 ,e#aajicge4fb thence running south #e degrees #h minutes #cd4f seconds west #fbf4bi feet to a point ,n#gjjifb4hc1 ,e#aajicai4dg thence south #eb degrees #ce minutes #cf4e seconds #aj4gi feet to the point of origin is no longer authorized beginning on the date of enactment of this ,act4 7#d7 ,hillsborough 7,hillsboro7 ,bay and ,river1 ,florida ,the portions of the project for navigation1 ,hillsborough 7,hillsboro7 ,bay and ,river1 ,florida1 authorized by the ,act of ,march #c1 #ahii 7#cj ,stat4 #aabf2 chapter #dbe71 that extend on either side of the ,hillsborough ,river from the ,kennedy ,boulevard bridge to the mouth of the river that cause the existing channel to exceed #ajj feet in width are no longer authorized beginning on the date of enactment of this ,act4 7#e7 ,kahului ,wastewater ,reclamation ,facility1 ,maui1 ,hawaii ,the project authorized pursuant to section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar7 to provide shoreline protection for the ,kahului ,wastewater ,reclamation ,facility1 located on the ,island of ,maui in the ,state of ,hawaii is no longer authorized beginning on the date of enactment of this ,act4 7#f7 ,lucas-,berg ,pit1 ,illinois ,waterway and ,grant ,calumet ,river1 ,illinois ,the portion of the project for navigation1 ,illinois ,waterway and ,grand ,calumet ,river1 ,illinois1 authorized by the first section of the ,act of ,july #bd1 #aidf 7#fj ,stat4 #fcf2 chapter #eie71 that consists of the ,lucas-,berg ,pit confined disposal facility1 ,illinois is no longer authorized beginning on the date of enactment of this ,act4 7#g7 ,port of ,iberia1 ,louisiana ,section #ajja7be7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #ajec7 is amended by striking 2 except that and all that follows before the period at the end4 7#h7 ,rockland ,harbor1 ,maine ,the project for navigation1 ,rockland ,harbor1 ,maine1 authorized by the ,act of ,june #c1 #ahif 7#bi ,stat4 #bjb2 chapter #cad71 and described as follows is no longer authorized beginning on the date of enactment of this ,act3 7,a7 ,beginning at the point in the #ad-;foot turning basin limit with coordinates ,n#afb1ibg4fa1 ,e#hbf1baj4af4 7,b7 ,thence running north #de degrees #de minutes #ae4f seconds east #bhg4de feet to a point ,n#afc1abh4ah1 ,e#hbf1daf4jh4 7,c7 ,thence running south #ac degrees #ag minutes #ec4c seconds east #abi4aa feet to a point ,n#afc1jjb4ec1 ,e#hbf1dde4gg4 7,d7 ,thence running south #de degrees #de minutes #ah4d seconds west #bba4je feet to a point ,n#afb1hdh4cj1 ,e#hbf1bhg4db4 7,e7 ,thence running north #dd degrees #ad minutes #ei4e seconds west #aaj4gc feet to the point of origin4 7#i7 ,thomaston ,harbor1 ,georges ,river1 ,maine ,the portion of the project for navigation1 ,georges ,river1 ,maine 7,thomaston ,harbor71 authorized by the first section of the ,act of ,june #c1 #ahif 7#bi ,stat4 #bae1 chapter #cad71 and modified by section #cag of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #aad ,stat4 #bfjd71 that lies northwesterly of a line commencing at point ,n#hg1bbj4ea1 ,e#cba1jfe4hj thence running northeasterly about #abe feet to a point ,n#hg1cch4ga1 ,e#cba1ajf4df is no longer authorized beginning on the date of enactment of this ,act4 7#aj7 ,corsica ,river1 ,queen ,anne's ,county1 ,maryland ,the portion of the project for improving the ,corsica ,river1 ,maryland1 authorized by the first section of the ,act of ,july #be1 #aiab 7#cg ,stat4 #bje2 chapter #bec71 and described as follows is no longer authorized beginning on the date of enactment of this ,act3 ,approximately #b1jjj feet of the eastern section of the project channel extending from-- 7,a7 centerline station #jjjj 7coordinates ,n#ejfcej4fj1 ,e#aegejac4fj72 to 7,b7 station #bjjj 7coordinates ,n#ejhjab4ci1 ,e#aegdgbj4ah74 7#aa7 ,goose ,creek1 ,somerset ,county1 ,maryland ,the project for navigation1 ,goose ,creek1 ,somerset ,county1 ,maryland1 carried out pursuant to section #ajg of the ,rivers and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg71 is realigned as follows3 ,beginning at ,goose ,creek ,channel ,geometry ,centerline of the #fj-;foot-wide main navigational ship channel1 ,centerline ,station ,no4 #jjj1 coordinates ,north #aeghea4hj1 ,east #afcfied4gj1 as stated and depicted on the ,condition ,survey ,goose ,creek1 ,sheet #a of #a1 prepared by the ,united ,states ,army ,corps of ,engineers1 ,baltimore ,district1 ,july #bjjc2 thence departing the aforementioned centerline traveling the following courses and distances3 ,s4 #fd degrees #di minutes #jf seconds ,e41 #aehc4hb feet to a point1 on the outline of said #fj-;foot-wide channel thence binding on said out-line the following four courses and distances3 ,s4 #fc degrees #bf minutes #jf seconds ,e41 #adfj4je feet to a point1 thence2 ,n4 #ej degrees #ch minutes #bf seconds ,e41 #igc4bh feet to a point1 thence2 ,n4 #bf degrees #ac minutes #ji seconds ,w41 #bdj4ci feet to a point on the ,left ,toe of the #fj-;foot-wide main navigational channel at computed ,centerline ,station ,no4 #dbeg4ed1 coordinates ,north #aegceg4hd1 ,east #afdjcdj4bc4 ,geometry ,left ,toe of the #fj-;foot-wide main navigational ship channel1 ,left ,toe ,station ,no4 #jjj1 coordinates ,north #aeghgi4jj1 ,east #afcfifg4dj1 as stated and depicted on the ,condition ,survey ,goose ,creek1 ,sheet #a of #a1 prepared by the ,united ,states ,army ,corps of ,engineers1 ,baltimore ,district1 ,august #bjaj2 thence departing the aforementioned centerline traveling the following courses and distances3 ,s4 #fd degrees #di minutes #ab seconds ,e41 #aehc4ia feet to a point1 on the outline of said #fj-;foot-wide channel thence binding on said out-line the following eight courses and distances3 ,s4 #fc degrees #be minutes #ch seconds ,e41 #acff4be feet to a point1 thence2 ,n4 #hc degrees #cf minutes #bd seconds ,e41 #abe4he feet to a point1 thence2 ,n4 #ej degrees #ch minutes #bf seconds ,e41 #hje4ai feet to a point1 thence2 ,n4 #ab degrees #ab minutes #bi seconds ,e41 #gh4cc feet to a point thence2 ,n4 #bf degrees #ac minutes #bh seconds ,w41 #df4ff feet to a point thence2 ,s4 #fc degrees #de minutes #da seconds ,w41 #ed4if feet to a point thence2 ,n4 #bf degrees #ac minutes #bd seconds ,w41 #aai4id feet to a point on the ,left ,toe of the #fj-;foot-wide main navigational channel at computed ,centerline ,station ,no4 #daha4aj1 coordinates ,north #aegcbj4cj1 ,east #afdjbfd4jj4 ,geometry ,right ,toe of the #fj-;foot-wide main navigational ship channel1 ,right ,toe ,station ,no4 #jjj1 coordinates ,north #aeghbd4gj1 ,east #afcfida4ij1 as stated and depicted on the ,condition ,survey ,goose ,creek1 ,sheet #a of #a1 prepared by the ,united ,states ,army ,corps of ,engineers1 ,baltimore ,district1 ,august #bjaj2 thence departing the aforementioned centerline traveling the following courses and distances3 ,s4 #fd degrees #di minutes #jf seconds ,e41 #aehc4hb feet to a point1 on the outline of said #fj-;foot-wide channel thence binding on said out-line the following six courses and distances3 ,s4 #fc degrees #be minutes #dg seconds ,e41 #adgh4gi feet to a point1 thence2 ,n4 #ej degrees #ch minutes #bf seconds ,e41 #ajaf4fi feet to a point1 thence2 ,n4 #bf degrees #ad minutes #di seconds ,w41 #add4bf feet to a point1 thence2 ,n4 #fc degrees #ed minutes #jc seconds ,e41 #ee4ja feet to a point thence2 ,n4 #bf degrees #ab minutes #jh seconds ,w41 #abj4jc feet to a point a point on the ,right ,toe of the #fj-;foot-wide main navigational channel at computed ,centerline ,station ,no4 #dcih4fa1 coordinates ,north #aegcie4dj1 ,east #afdjdaf4ej4 7#ab7 ,lower ,thoroughfare1 ,deal ,island1 ,maryland ,the portion of the project for navigation1 ,lower ,thoroughfare1 ,maryland1 authorized by the ,act of ,june #be1 #aiaj 7#cf ,stat4 #fci1 chapter #chb7 7commonly known as the ,river and ,harbor ,act of #aiaj71 that begins at ,lower ,thoroughfare ,channel ,geometry ,centerline of the #fj-;foot-wide main navigational ship channel1 ,centerline ,station ,no4 #ddhh1 coordinates ,north #agjdce4fb1 ,east #afadehh4ic1 as stated and depicted on the ,condition ,survey ,lower ,thoroughfare1 ,deal ,island1 ,sheet #a of #c1 prepared by the ,united ,states ,army ,corps of ,engineers1 ,baltimore ,district1 ,august #bjaj2 thence departing the aforementioned centerline traveling the following courses and distances3 ,s4 #db degrees #bj minutes #dd seconds ,w41 #cj4jj feet to a point1 on the outline of said #fj-;foot-wide channel thence binding on said out-line the following four courses and distances3 ,n4 #fd degrees #jh minutes #ee seconds ,w41 #ec4he feet to a point1 thence2 ,n4 #db degrees #bj minutes #dc seconds ,w41 #bej4jh feet to a point1 thence2 ,n4 #dg degrees #ci minutes #jc seconds ,e41 #bj4jj feet to a point1 thence2 ,s4 #db degrees #bj minutes #dd seconds ,e41 #cjj4jg feet to a point binding on the ,left ,toe of the #fj-;foot-wide main navigational channel at computed ,centerline ,station ,no4 #dcib4fg1 coordinates ,north #agjdae4da1 #afadeff4gf2 thence2 continuing with the aforementioned centerline the following courses and distances3 ,s4 #db degrees #bj minutes #db seconds ,w41 #cj4jj feet to a point1 on the outline of said #fj-;foot-wide channel thence binding on said out-line the following four courses and distances3 ,n4 #bj degrees #cb minutes #jf seconds ,w41 #ec4he feet to a point1 thence2 ,n4 #db degrees #bj minutes #di seconds ,w41 #bej4jh feet to a point1 thence2 ,s4 #dg degrees #ci minutes #jc seconds ,w41 #bj4jj feet to a point1 thence2 ,s4 #db degrees #bj minutes #df seconds ,e41 #cjj4jh feet to a point binding on the ,left ,toe of the #fj-;foot-wide main navigational channel at computed ,centerline ,station ,no4 #dcib4fg1 coordinates ,north #agjdae4da1 #afadeff4gf is no longer authorized beginning on the date of enactment of this ,act4 7#ac7 ,gloucester ,harbor and ,annisquam ,river1 ,massachusetts ,the portions of the project for navigation1 ,gloucester ,harbor and ,annisquam ,river1 ,massachusetts1 authorized by section #b of the ,act of ,march #b1 #aide 7#ei ,stat4 #ab2 chapter #ai71 consisting of an #h-;foot anchorage area in ,lobster ,cove1 and described as follows are no longer authorized beginning on the date of enactment of this ,act3 7,a7 ,beginning at a bend along the easterly limit of the existing project1 ,n#cjfcbcj4ca1 ,e#hghbhc4gg1 thence running northwesterly about #cci feet to a point1 ,n#cjfcdgh4hf1 ,e#hghjec4hc1 thence running northwesterly about #bha feet to a bend on the easterly limit of the existing project1 ,n#cjfcgca4hh1 ,e#hggicb4ed1 thence running southeasterly about #fab feet along the easterly limit of the existing project to the point of origin4 7,b7 ,beginning at a bend along the easterly limit of the existing project1 ,n#cjfdjfe4hj1 ,e#hghjca4de1 thence running northwesterly about #fba feet to a point1 ,n#cjfdfhg4je1 ,e#hghjca4ac1 thence running southwesterly about #abb feet to a point1 ,n#cjfdfhf4ih1 ,e#hggijh4he1 thence running southeasterly about #fbd feet to a point1 ,n#cjfdjfc4ca1 ,e#hggiji4ag1 thence running southwesterly about #eab feet to a point1 ,n#cjfcfhd4gc1 ,e#hggefd4ef1 thence running about #gda feet to a point along the westerly limit of the existing project1 ,n#cjfcbgc4ih1 ,e#hgfidg4gg1 thence running northeasterly about #ecc feet to a bend along the westerly limit of the existing project1 ,n#cjfcehe4fb1 ,e#hggchj4fc1 thence running about #adg feet northeasterly to a bend along the westerly limit of the project1 ,n#cjfcfga4bi1 ,e#hggdii4fc1 thence running northeasterly about #bcc feet to a bend along the westerly limit of the existing project1 ,n#cjfchdj4fj1 ,e#hggffj4bi1 thence running about #cci feet northeasterly to a bend along the westerly limit of the existing project1 ,n#cjfdabj4cd1 ,e#hggheb4ee1 thence running about #egc feet to a bend along the westerly limit of the existing project1 ,n#cjfdfib4ih1 ,e#hgghfe4jd1 thence running about #aac feet to a bend along the northerly limit of the existing project1 ,n#cjfdgci4ea1 ,e#hggifh4ca1 thence running #ade feet southeasterly to a bend along the northerly limit of the existing project1 ,n#cjfdgaa4ai1 ,e#hghaaj4fi1 thence running about #fej feet along the easterly limit of the existing project to the point of origin4 7#ad7 ,clatsop ,county ,diking ,district ,no4 #aj1 ,karlson ,island1 ,oregon ,the ,diking ,district ,no4 #aj1 ,karlson ,island portion of the project for raising and improving existing levees in ,clatsop ,county1 ,oregon1 authorized by section #e of the ,act of ,june #bb1 #aicf 7#di ,stat4 #aeij7 is no longer authorized beginning on the date of enactment of this ,act4 7#ae7 ,numberg ,dike ,no4 #cd leveed area1 ,clatsop ,county ,diking ,district ,no4 #ac1 ,clatsop ,county1 ,oregon 7,walluski-,youngs7 ,the ,numberg ,dike ,no4 #cd leveed area1 ,clatsop ,county ,diking ,district1 ,no4 #ac1 ,walluski ,river and ,youngs ,river dikes1 portion of the project for raising and improving existing levees in ,clatsop ,county1 ,oregon1 authorized by section #e of the ,act of ,june #bb1 #aicf 7#di ,stat4 #aeij7 is no longer authorized beginning on the date of enactment of this ,act4 7#af7 ,east ,fork of ,trinity ,river1 ,texas ,the portion of the project for flood protection on the ,east ,fork of the ,trinity ,river1 ,texas1 authorized by section #bjc of the ,flood ,control ,act of #aifb 7#gf ,stat4 #aahe71 that consists of the #b levees identified as ,kaufman ,county ,levees ,k#e;,e and ,k#e,w is no longer authorized beginning on the date of enactment of this ,act4 7#ag7 ,burnham ,canal1 ,wisconsin ,the portion of the project for navigation1 ,milwaukee ,harbor ,project1 ,milwaukee1 ,wisconsin1 known as the ,burnham ,canal1 authorized by the first section of the ,act of ,march #c1 #ahdc 7#e ,stat4 #fai2 chapter #he71 and described as follows is no longer authorized beginning on the date of enactment of this ,act3 7,a7 ,beginning at channel point #dae;a ,n#chagfh4fdh1 ,e#bebdeed4hcf1 a distance of about #agj4eh feet4 7,b7 ,thence running south #ec degrees #dc minutes #da seconds west to channel point #dag ,n#chaffg4gbh1 ,e#bebddag4caa1 a distance of about #ce4ja feet4 7,c7 ,thence running south #cd degrees #aj minutes #dj seconds west to channel point #eja ,n#chafch4gfa1 ,e#bebdcig4fci1 a distance of about #aci4be feet4 7,d7 ,thence running south #cd degrees #aj minutes #dh seconds west to channel point #ejc ,n#chaebc4eeg1 ,e#bebdcai4djf1 a distance of about #bce4ih feet4 7,e7 ,thence running south #cb degrees #ei minutes #ac seconds west to channel point #eje ,n#chacbe4fae1 ,e#bebdaij4ibe1 a distance of about #dca4bi feet4 7,f7 ,thence running south #cb degrees #cf minutes #je seconds west to channel point #eji ,n#chjifb4bgf1 ,e#bebcieh4edg1 a distance of about #fad4eb feet4 7,g7 ,thence running south #hi degrees #je minutes #jj seconds west to channel point #eaa ,n#chjieb4dde1 ,e#bebccdd4ajg1 a distance of about #gd4fh feet4 7,h7 ,thence running north #hi degrees #jd minutes #ei seconds west to channel point #eab ,n#chajbg4ac1 ,e#bebccdb4ia1 a distance of about #ecc4hd feet4 7,i7 ,thence running north #hi degrees #je minutes #jj seconds east to channel point #eaj ,n#chajce4fg1 ,e#bebchgf4fi1 a distance of about #dg4hf feet4 7,j7 ,thence running north #fa degrees #jb minutes #jg seconds east to channel point #ejh ,n#chajeh4hd1 ,e#bebciah4ef1 a distance of about #cjh4ee feet4 7,k7 ,thence running north #cf degrees #ae minutes #bi seconds east to channel point #ejf ,n#chacjg4fe1 ,e#bebdaja4je1 a distance of about #aii4ih feet4 7,l7 ,thence running north #cb degrees #ei minutes #ab seconds east to channel point #ejd ,n#chadge4dj1 ,e#bebdbji4ic1 a distance of about #aie4ad feet4 7,m7 ,thence running north #bf degrees #ag minutes #bb seconds east to channel point #ejb ,n#chafej4cf1 ,e#bebdbif4cf1 a distance of about #ha4hb feet4 7,n7 ,thence running north #hh degrees #ea minutes #je seconds west to channel point #dai ,n#chagcb4ag1 ,e#bebdbid4gb1 a distance of about #bfb4fe feet4 7,o7 ,thence running north #hb degrees #ja minutes #jb seconds east to channel point #dae;a1 the point of origin4 7#ah7 ,manitowoc ,harbor1 ,wisconsin ,the portion of the project for navigation1 ,manitowoc ,river1 ,manitowoc1 ,wisconsin1 authorized by the ,act of ,august #cj1 #aheb 7#aj ,stat4 #eh2 chapter #ajd71 and described as follows is no longer authorized beginning on the date of enactment of this ,act3 ,the triangular area bound by-- 7,a7 #dd4jihicchc,n and #jhg4ffhediab,w2 7,b7 #dd4jiijjece,n and #jhg4ffhfdcgb,w2 and 7,c7 #dd4jiheghhd,n and #jhg4ffiacabc,w4 7b7 ,seward ,waterfront1 ,seward1 ,alaska 7#a7 ,in general ,subject to paragraph 7#b71 the portion of the project for navigation1 ,seward ,harbor1 ,alaska1 identified as ,tract ,h1 ,seward ,original ,townsite1 ,waterfront ,park ,replat1 ,plat ,no #bjab-d1 ,seward ,recording ,district1 shall not be subject to navigation servitude beginning on the date of enactment of this ,act4 7#b7 ,entry by ,federal ,government ,the ,federal ,government may enter upon the property referred to in paragraph 7#a7 to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph 7#a74 7c7 ,port of ,hood ,river1 ,oregon 7#a7 ,extinguishment of portions of existing flowage easement ,with respect to the properties described in paragraph 7#b71 beginning on the date of enactment of this ,act1 the flowage easement identified as ,tract #abjj;,e-#f on the ,easement ,deed recorded as ,instrument ,no4 #gdjcbj is extinguished above elevation #gi4ci feet 7,,ngvd #bi7 the ,ordinary ,high ,water ,line4 7#b7 ,affected properties ,the properties referred to in paragraph 7#a71 as recorded in ,hood ,river ,county1 ,oregon1 are as follows3 7,a7 ,instrument ,number #bjaj-abce4 7,b7 ,instrument ,number #bjaj-jbcff4 7,c7 ,instrument ,number #bjaj-jbcfg4 7,d7 ,parcel #b of ,partition ,plat #bjaa-ab,p4 7,e7 ,parcel #a of ,partition ,plat #bjje-bf,p4 7#c7 ,federal liabilities2 cultural1 environmental1 and other regulatory reviews 7,a7 ,federal liability ,the ,united ,states shall not be liable for any injury caused by the extinguishment of the easement under this subsection4 7,b7 ,cultural and environmental regulatory actions ,nothing in this subsection establishes any cultural or environmental regulation relating to the properties described in paragraph 7#b74 7#d7 ,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 7#b74 #fjje4 ,land conveyances 7a7 ,oakland ,inner ,harbor ,tidal ,canal1 ,california ,section #cahb7;b77#a7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #aafe7 is amended-- 7#a7 in subparagraph 7,a7 by inserting 1 or to a multicounty public entity that is eligible to hold title to real property after ,to the city of ,oakland2 and 7#b7 in subparagraphs 7,b7 and 7,c7 by inserting multicounty public entity or other before public entity4 7b7 ,st4 ,charles ,county1 ,missouri1 land exchange 7#a7 ,definitions ,in this subsection3 7,a7 ,federal land ,the term ,federal land means approximately #hd acres of land1 as identified by the ,secretary1 that is a portion of the approximately #bbg acres of land leased from the ,corps of ,engineers by ,ameren ,corporation for the ,portage ,des ,sioux ,power ,plant in ,st4 ,charles ,county1 ,missouri 7,lease ,no4 ,,da-#bc-jfe-;,,civeng-#fd-fea1 ,pool #bf74 7,b7 ,non-,federal land ,the term non-,federal land means the approximately #fh acres of land owned by ,ameren ,corporation in ,jersey ,county1 ,illinois1 contained within the north half of section #bc1 township #f north1 range #aa west of the third principal meridian4 7#b7 ,land exchange ,on conveyance by ,ameren ,corporation to the ,united ,states of all right1 title1 and interest in and to the non-,federal land1 the ,secretary shall convey to ,ameren ,corporation all right1 title1 and interest of the ,united ,states in and to the ,federal land4 7#c7 ,specific conditions 7,a7 ,deeds 7i7 ,deed to non-,federal land ,the ,secretary may only accept conveyance of the non-,federal land by warranty deed1 as determined acceptable by the ,secretary4 7ii7 ,deed to ,federal land ,the ,secretary shall convey the ,federal land to ,ameren ,corporation by quitclaim deed4 7,b7 ,cash payment ,if the appraised fair market value of the ,federal land1 as determined by the ,secretary1 exceeds the appraised fair market value of the non-,federal land1 as determined by the ,secretary1 ,ameren ,corporation shall make a cash payment to the ,united ,states reflecting the difference in the appraised fair market values4 7c7 ,tulsa ,port of ,catoosa1 ,rogers ,county1 ,oklahoma1 ,land ,exchange 7#a7 ,definitions ,in this subsection3 7,a7 ,federal land ,the term ,federal land means the approximately #hg acres of land situated in ,rogers ,county1 ,oklahoma1 contained within ,united ,states ,tracts #dac and #dbg and acquired for the ,mc,clellan-,kerr ,arkansas ,navigation ,system4 7,b7 ,non-,federal land ,the term non-,federal land means the approximately #cd acres of land situated in ,rogers ,county1 ,oklahoma1 and owned by the ,tulsa ,port of ,catoosa that lie immediately south and east of the ,federal land4 7#b7 ,land exchange ,on conveyance by the ,tulsa ,port of ,catoosa to the ,united ,states of all right1 title1 and interest in and to the non-,federal land1 the ,secretary shall convey to the ,tulsa ,port of ,catoosa all right1 title1 and interest of the ,united ,states in and to the ,federal land4 7#c7 ,specific conditions 7,a7 ,deeds 7i7 ,deed to non-,federal land ,the ,secretary may only accept conveyance of the non-,federal land by warranty deed1 as determined acceptable by the ,secretary4 7ii7 ,deed to ,federal land ,the ,secretary shall convey the ,federal land to the ,tulsa ,port of ,catoosa by quitclaim deed and subject to any reservations1 terms1 and conditions the ,secretary determines necessary to allow the ,united ,states to operate and maintain the ,mc,clellan-,kerr ,arkansas ,river ,navigation ,system4 7iii7 ,cash payment ,if the appraised fair market value of the ,federal land1 as determined by the ,secretary1 exceeds the appraised fair market value of the non-,federal land1 as determined by the ,secretary1 the ,tulsa ,port of ,catoosa shall make a cash payment to the ,united ,states reflecting the difference in the appraised fair market values4 7d7 ,hammond ,boat ,basin1 ,warrenton1 ,oregon 7#a7 ,definitions ,in this subsection3 7,a7 ,city ,the term ,city means the city of ,warrenton1 located in ,clatsop ,county1 ,oregon4 7,b7 ,map ,the term map means the map contained in ,exhibit ,a of ,department of the ,army ,lease ,no4 ,,dacw#eg-a-hh-jjcc 7or a successor instrument74 7#b7 ,conveyance authority ,subject to the provisions of this subsection1 the ,secretary shall convey to the ,city by quitclaim deed1 and without consideration1 all right1 title1 and interest of the ,united ,states in and to the parcel of land described in paragraph 7#c74 7#c7 ,description of land 7,a7 ,in general ,except as provided in subparagraph 7,b71 the land referred to in paragraph 7#b7 is the parcel totaling approximately #ei acres located in the ,city1 together with any improvements thereon1 including the ,hammond ,marina 7as described in the map74 7,b7 ,exclusion ,the land referred to in paragraph 7#b7 shall not include the site provided for the fisheries research support facility of the ,national ,marine ,fisheries ,service4 7,c7 ,availability of map ,the map shall be on file in the ,portland ,district ,office of the ,corps of ,engineers4 7#d7 ,terms and conditions ,as a condition of the conveyance under this subsection1 the ,secretary may impose a requirement that the ,city assume full responsibility for operating and maintaining the channel and the breakwater4 7#e7 ,reversion ,if the ,secretary determines that the land conveyed under this subsection ceases to be owned by the public1 all right1 title1 and interest in and to the land shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7#f7 ,deauthorization ,after the land is conveyed under this subsection1 the land shall no longer be a portion of the project for navigation1 ,hammond ,small ,boat ,basin1 ,oregon1 authorized by section #ajg of the ,rivers and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg74 7e7 ,craney ,island ,dredged ,material ,management ,area1 ,portsmouth1 ,virginia 7#a7 ,in general ,subject to the conditions described in this subsection1 the ,secretary may convey to the ,commonwealth of ,virginia1 by quitclaim deed and without consideration1 all right1 title1 and interest of the ,united ,states in and to #b parcels of land situated within the project for navigation1 ,craney ,island ,eastward ,expansion1 ,norfolk ,harbor and ,channels1 ,hampton ,roads1 ,virginia1 authorized by section #ajja7de7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad2 #aba ,stat4 #ajeg71 together with any improvements thereon4 7#b7 ,lands ,to be conveyed 7,a7 ,in general ,the #b parcels of land to be conveyed under this subsection include a parcel consisting of approximately #cjg4hb acres of land and a parcel consisting of approximately #ac4cc acres of land1 both located along the eastern side of the ,craney ,island ,dredged ,material ,management ,area in ,portsmouth1 ,virginia4 7,b7 ,use ,the #b parcels of land described in subparagraph 7,a7 may be used by the ,commonwealth of ,virginia exclusively for the purpose of port expansion1 including the provision of road and rail access and the construction of a shipping container terminal4 7#c7 ,reversion ,if the ,secretary determines that the land conveyed under this subsection ceases to be owned by the public or is used for any purpose that is inconsistent with paragraph 7#b71 all right1 title1 and interest in and to the land shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7f7 ,city of ,asotin1 ,washington 7#a7 ,in general ,the ,secretary shall convey to the city of ,asotin1 ,asotin ,county1 ,washington1 without monetary consideration1 all right1 title1 and interest of the ,united ,states in and to the land described in paragraph 7#c74 7#b7 ,reversion ,if the land transferred under this subsection ceases at any time to be used for a public purpose1 the land shall revert to the ,united ,states4 7#c7 ,description ,the land to be conveyed to the city of ,asotin1 ,washington1 under this subsection are-- 7,a7 the public ball fields designated as ,tracts #aejc1 #afje1 #afjg1 #afji1 #afaa1 #afac1 #afae1 #afbj1 #afbc1 #afbd1 #afbe1 #afbf1 and #afca2 and 7,b7 other leased areas designated as ,tracts #aejf1 #aebb1 #aebc1 #aebd1 #aebe1 #aebf1 #aebg1 #aebi1 #aecj1 #aeca1 and #aefc4 7g7 ,generally applicable provisions 7#a7 ,survey to obtain legal description ,the exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the ,secretary4 7#b7 ,applicability of property screening provisions ,section #bfif of title #aj1 ,united ,states ,code1 shall not apply to any conveyance under this section4 7#c7 ,additional terms and conditions ,the ,secretary may require that any conveyance under this section be subject to such additional terms and conditions as the ,secretary considers necessary and appropriate to protect the interests of the ,united ,states4 7#d7 ,costs of conveyance ,an entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs1 including real estate transaction and environmental documentation costs1 associated with the conveyance4 7#e7 ,liability ,an entity to which a conveyance is made under this section shall hold the ,united ,states harmless from any liability with respect to activities carried out1 on or after the date of the conveyance1 on the real property conveyed4 ,the ,united ,states shall remain responsible for any liability with respect to activities carried out1 before such date1 on the real property conveyed4 7h7 ,release of use restrictions ,notwithstanding any other provision of law1 the ,tennessee ,valley ,authority shall1 without monetary consideration1 grant releases from real estate restrictions established pursuant to section #d7k77b7 of the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca;c7k77b77 with respect to tracts of land identified in section #d7k77b7 of that ,act1 subject to the condition that such releases shall be granted in a manner consistent with applicable ,tennessee ,valley ,authority policies4 ,,vii ,water resources infrastructure #gjja4 ,annual report to ,congress 7a7 ,in general ,not later than ,february #a of each year1 the ,secretary shall develop 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 an annual report1 to be entitled ,report to ,congress on ,future ,water ,resources ,development1 that identifies the following3 7#a7 ,feasibility reports ,each feasibility report that meets the criteria established in subsection 7c77#a77;,a74 7#b7 ,proposed feasibility studies ,any proposed feasibility study submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b7 that meets the criteria established in subsection 7c77#a77;,a74 7#c7 ,proposed modifications ,any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection 7c77#a77;,a7 that-- 7,a7 is submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b72 or 7,b7 is identified by the ,secretary for authorization4 7b7 ,requests for proposals 7#a7 ,publication ,not later than ,may #a of each year1 the ,secretary shall publish in the ,federal ,register a notice requesting proposals from non-,federal interests for proposed feasibility studies and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report4 7#b7 ,deadline for requests ,the ,secretary shall include in each notice required by this subsection a requirement that non-,federal interests submit to the ,secretary any proposals described in paragraph 7#a7 by not later than #abj days after the date of publication of the notice in the ,federal ,register in order for the proposals to be considered for inclusion in the annual report4 7#c7 ,notification ,on the date of publication of each notice required by this subsection1 the ,secretary shall-- 7,a7 make the notice publicly available1 including on the ,internet2 and 7,b7 provide written notification of the publication to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,contents 7#a7 ,feasibility reports1 proposed feasibility studies1 and proposed modifications 7,a7 ,criteria for inclusion in report ,the ,secretary shall include in the annual report only those feasibility reports1 proposed feasibility studies1 and proposed modifications to authorized water resources development projects and feasibility studies that-- 7i7 are related to the missions and authorities of the ,corps of ,engineers2 7ii7 require specific congressional authorization1 including by an ,act of ,congress2 7iii7 have not been congressionally authorized2 7iv7 have not been included in any previous annual report2 and 7v7 if authorized1 could be carried out by the ,corps of ,engineers4 7,b7 ,description of benefits 7i7 ,description ,the ,secretary shall describe in the annual report1 to the extent applicable and practicable1 for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report1 the benefits1 as described in clause 7ii71 of each such study or proposed modification 7including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study74 7ii7 ,benefits ,the benefits 7or expected benefits1 in the case of a proposed feasibility study7 described in this clause are benefits to-- 7,i7 the protection of human life and property2 7,,ii7 improvement to transportation2 7,,iii7 the national economy2 7,,iv7 the environment2 or 7,v7 the national security interests of the ,united ,states4 7,c7 ,identification of other factors ,the ,secretary shall identify in the annual report1 to the extent practicable-- 7i7 for each proposed feasibility study included in the annual report1 the non-,federal interest that submitted the proposed feasibility study pursuant to subsection 7b72 and 7ii7 for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report1 whether the non-,federal interest has demonstrated-- 7,i7 that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study 7including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study72 and 7,,ii7 the financial ability to provide the required non-,federal cost share4 7#b7 ,transparency ,the ,secretary shall include in the annual report1 for each feasibility report1 proposed feasibility study1 and proposed modification to an authorized water resources development project or feasibility study included under paragraph 7#a77;,a7-- 7,a7 the name of the associated non-,federal interest1 including the name of any non-,federal interest that has contributed1 or is expected to contribute1 a non-,federal share of the cost of-- 7i7 the feasibility report2 7ii7 the proposed feasibility study2 7iii7 the authorized feasibility study for which the modification is proposed2 or 7iv7 construction of-- 7,i7 the water resources development project that is the subject of-- 7aa7 the feasibility report2 7bb7 the proposed feasibility study2 or 7cc7 the authorized feasibility study for which a modification is proposed2 or 7,,ii7 the proposed modification to an authorized water resources development project2 7,b7 a letter or statement of support for the feasibility report1 proposed feasibility study1 or proposed modification to an authorized water resources development project or feasibility study from each associated non-,federal interest2 7,c7 the purpose of the feasibility report1 proposed feasibility study1 or proposed modification to an authorized water resources development project or feasibility study2 7,d7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of-- 7i7 the proposed modification to an authorized feasibility study2 and 7ii7 construction of-- 7,i7 the water resources development project that is the subject of-- 7aa7 the feasibility report2 or 7bb7 the authorized feasibility study for which a modification is proposed1 with respect to the change in costs resulting from such modification2 or 7,,ii7 the proposed modification to an authorized water resources development project2 and 7,e7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of-- 7i7 the water resources development project that is the subject of-- 7,i7 the feasibility report2 or 7,,ii7 the authorized feasibility study for which a modification is proposed1 with respect to the benefits of such modification2 or 7ii7 the proposed modification to an authorized water resources development project4 7#c7 ,certification ,the ,secretary shall include in the annual report a certification stating that each feasibility report1 proposed feasibility study1 and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph 7#a77;,a74 7#d7 ,appendix ,the ,secretary shall include in the annual report an appendix listing the proposals submitted under subsection 7b7 that were not included in the annual report under paragraph 7#a77;,a7 and a description of why the ,secretary determined that those proposals did not meet the criteria for inclusion under such paragraph4 7d7 ,special rule for initial annual report ,notwithstanding any other deadlines required by this section1 the ,secretary shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 publish in the ,federal ,register a notice required by subsection 7b77#a72 and 7#b7 include in such notice a requirement that non-,federal interests submit to the ,secretary any proposals described in subsection 7b77#a7 by not later than #abj days after the date of publication of such notice in the ,federal ,register in order for such proposals to be considered for inclusion in the first annual report developed by the ,secretary under this section4 7e7 ,publication ,upon submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the ,internet4 7f7 ,definitions ,in this section3 7#a7 ,annual report ,the term annual report means a report required by subsection 7a74 7#b7 ,feasibility report 7,a7 ,in general ,the term feasibility report means a final feasibility report developed under section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb74 7,b7 ,inclusions ,the term feasibility report includes-- 7i7 a report described in section #aje7;d77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae7;d77#b772 and 7ii7 where applicable1 any associated report of the ,chief of ,engineers4 7#c7 ,feasibility study ,the term feasibility study has the meaning given that term in section #aje of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae74 7#d7 ,non-,federal interest ,the term non-,federal interest has the meaning given that term in section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b74 #gjjb4 ,authorization of final feasibility studies ,the following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the ,secretary substantially in accordance with the plan1 and subject to the conditions1 described in the respective reports designated in this section3 7#a7 ,navigation ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,,tx1 ,l,a,sabine ,neches ,waterway1 ,southeast ,texas and ,southwest ,louisiana,july #bb1 #bjaa;,federal3 #gdh1jgj1jjj,non-,federal3 #cfe1igj1jjj,total3 #a1aad1jdj1jjj #b4 ,f,l,jacksonville ,harbor- ,milepoint,apr4 #cj1 #bjab;,federal3 #bg1hgj1jjj,non-,federal3 #i1bij1jjj,total3 #cg1afj1jjj #c4 ,g,a,savannah ,harbor ,expansion ,project,aug4 #ag1 #bjab;,federal3 #dib1jjj1jjj,non-,federal3 #bad1jjj1jjj,total3 #gjf1jjj1jjj #d4 ,t,x,freeport ,harbor,jan4 #g1 #bjac;,federal3 #aba1jjj1jjj,non-,federal3 #aah1cjj1jjj,total3 #bci1cjj1jjj #e4 ,f,l,canaveral ,harbor 7,sect #bjc ,sponsor ,report7,feb4 #be1 #bjac;,federal3 #bi1bdj1jjj,non-,federal3 #aa1hcj1jjj,total3 #da1jgj1jjj #f4 ,m,a,boston ,harbor,sept4 #cj1 #bjac;,federal3 #baf1dgj1jjj,non-,federal3 #id1eaj1jjj,total3 #caj1ihj1jjj #g4 ,f,l,lake ,worth ,inlet,apr4 #af1 #bjad;,federal3 #eg1eef1jjj,non-,federal3 #cj1ige1jjj,total3 #hh1eca1jjj #h4 ,f,l,jacksonville ,harbor,apr4 #af1 #bjad;,federal3 #cfb1jjj1jjj,non-,federal3 #bch1ijj1jjj,total3 #fjj1ijj1jjj 7#b7 ,flood ,risk ,management ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,k,s,topeka,aug4 #bd1 #bjji;,federal3 #ag1cfj1jjj,non-,federal3 #i1cej1jjj,total3 #bf1gaj1jjj #b4 ,c,a,american ,river ,watershed1 ,common ,features ,project1 ,natomas ,basin,dec4 #cj1 #bjaj;,federal3 #gfj1fcj1jjj,non-,federal3 #chf1fej1jjj,total3 #a1adg1bhj1jjj #c4 ,i,a,cedar ,river1 ,cedar ,rapids,jan4 #bg1 #bjaa;,federal3 #gc1acj1jjj,non-,federal3 #ci1chj1jjj,total3 #aab1eaj1jjj #d4 ,,mn1 ,n,d,fargo-,moorhead ,metro,dec4 #ai1 #bjaa;,federal3 #hdf1gjj1jjj,non-,federal3 #a1jgg1fjj1jjj,total3 #a1ibd1cjj1jjj #e4 ,k,y,ohio ,river ,shoreline1 ,paducah,may #af1 #bjab;,federal3 #ac1agj1jjj,non-,federal3 #g1jij1jjj,total3 #bj1bfj1jjj #f4 ,m,o,jordan ,creek1 ,springfield,aug4 #bf1 #bjac;,federal3 #ac1efj1jjj,non-,federal3 #g1cjj1jjj,total3 #bj1hfj1jjj #g4 ,c,a,orestimba ,creek1 ,san ,joaquin ,river ,basin,sept4 #be1 #bjac;,federal3 #bc1fhj1jjj,non-,federal3 #ba1fej1jjj,total3 #de1ccj1jjj #h4 ,c,a,sutter ,basin,mar4 #ab1 #bjad;,federal3 #bee1bgj1jjj,non-,federal3 #dcc1ffj1jjj,total3 #fhh1icj1jjj #i4 ,n,v,truckee ,meadows,apr4 #aa1 #bjad;,federal3 #aha1feb1jjj,non-,federal3 #ii1afh1jjj,total3 #bhj1hbj1jjj 7#c7 ,hurricane and ,storm ,damage ,risk ,reduction ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,initial ,costs and ,estimated ,renourishment ,costs #a4 ,n,c,west ,onslow ,beach and ,new ,river ,inlet 7,topsail ,beach7,sept4 #bh1 #bjji;,initial ,federal3 #bi1ijj1jjj ,initial ,non-,federal3 #af1dej1jjj;,initial ,total3 #df1cej1jjj ,renourishment ,federal3 #fi1daj1jjj,renourishment ,non-,federal3 #fi1daj1jjj,renourishment ,total3 #ach1hbj1jjj #b4 ,n,c,surf ,city and ,north ,topsail ,beach,dec4 #cj1 #bjaj;,initial ,federal3 #hd1ggj1jjj ,initial ,non-,federal3 #de1fej1jjj ,initial ,total3 #acj1dbj1jjj,renourishment ,federal3 #abb1bbj1jjj,renourishment ,non-,federal3 #abb1bbj1jjj,renourishment ,total3 #bdd1ddj1jjj #c4 ,c,a,san ,clemente ,shoreline,apr4 #ae1 #bjab;,initial ,federal3 #g1dbj1jjj;,initial ,non-,federal3 #c1iij1jjj ,initial ,total3 #aa1daj1jjj ,renourishment ,federal3 #dc1hce1jjj,renourishment ,non-,federal3 #dc1hce1jjj,renourishment ,total3 #hg1fgj1jjj #d4 ,f,l,walton ,county,july #af1 #bjac;,initial ,federal3 #ag1ide1jjj;,initial ,non-,federal3 #df1ade1jjj;,initial ,total3 #fd1jij1jjj,renourishment ,federal3 #bd1gdj1jjj,renourishment ,non-,federal3 #hb1hbj1jjj,renourishment ,total3 #ajg1efj1jjj #e4 ,l,a,morganza to the ,gulf,july #h1 #bjac;,federal3 #f1fie1djj1jjj,non-,federal3 #c1fjd1fjj1jjj,total3 #aj1cjj1jjj1jjj 7#d7 ,hurricane and ,storm ,damage ,risk ,reduction and ,environmental ,restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,m,s,mississippi ,coastal ,improvement ,program 7,,mscip7 ,hancock1 ,harrison1 and ,jackson ,counties,sept4 #ae1 #bjji;,federal3 #fic1cjj1jjj,non-,federal3 #cgc1cbj1jjj,total3 #a1jff1fbj1jjj 7#e7 ,environmental ,restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,m,d,mid-,chesapeake ,bay ,island,aug4 #bd1 #bjji;,federal3 #a1bdj1gej1jjj,non-,federal3 #ffh1ajj1jjj,total3 #a1ijh1hej1jjj #b4 ,f,l,central and ,southern ,florida ,project1 ,comprehensive ,everglades ,restoration ,plan1 ,caloosahatchee ,river 7,c-#dc7 ,west ,basin ,storage ,project1 ,hendry ,county,mar4 #aa1 #bjaj and ,jan4 #f1 #bjaa;,federal3 #cac1cjj1jjj,non-,federal3 #cac1cjj1jjj,total3 #fbf1fjj1jjj #c4 ,l,a,louisiana ,coastal ,area,dec4 #cj1 #bjaj;,federal3 #a1jbf1jjj1jjj,non-,federal3 #fja1jjj1jjj,total3 #a1fbg1jjj1jjj #d4 ,m,n,marsh ,lake,dec4 #cj1 #bjaa;,federal3 #f1gfj1jjj,non-,federal3 #c1fdj1jjj,total3 #aj1djj1jjj #e4 ,f,l,central and ,southern ,florida ,project1 ,comprehensive ,everglades ,restoration ,plan1 ,c-#aaa ,spreader ,canal ,western ,project,jan4 #cj1 #bjab;,federal3 #hg1bhj1jjj,non-,federal3 #hg1bhj1jjj,total3 #agd1efj1jjj #f4 ,,flcerp ,biscayne ,bay ,coastal ,wetland1 ,florida,may #b1 #bjab;,federal3 #ih1eaj1jjj,non-,federal3 #ih1eaj1jjj,total3 #aig1jbj1jjj #g4 ,f,l,central and ,southern ,florida ,project1 ,broward ,county ,water ,preserve ,area,may #ba1 #bjab;,federal3 #ddh1jgj1jjj,non-,federal3 #ddh1jgj1jjj,total3 #hif1adj1jjj #h4 ,l,a,louisiana ,coastal ,area-,barataria ,basin ,barrier,june #bb1 #bjab;,federal3 #cba1gej1jjj,non-,federal3 #agc1bej1jjj,total3 #die1jjj1jjj #i4 ,n,c,neuse ,river ,basin,apr4 #bc1 #bjac;,federal3 #bc1hcj1jjj,non-,federal3 #ab1hcj1jjj,total3 #cf1ffj1jjj #aj4 ,v,a,lynnhaven ,river,mar4 #bg1 #bjad;,federal3 #bb1hba1ejj,non-,federal3 #ab1bhh1ejj,total3 #ce1aaj1jjj #aa4 ,o,r,willamette ,river ,floodplain ,restoration,jan4 #f1 #bjad;,federal3 #bg1dja1jjj,non-,federal3 #ad1ged1jjj,total3 #db1aee1jjj #gjjc4 ,authorization of project modifications recommended by the ,secretary ,the following project modifications for water resources development and conservation and other purposes are authorized to be carried out by the ,secretary substantially in accordance with the recommendations of the ,secretary1 as specified in the letters referred to in this section3 ,a4 ,state,b4 ,name,c4 ,date of ,secretary's,recommendation ,letter,d4 ,updated ,authorization ,project ,costs #a4 ,m,n,roseau ,river,jan4 #bd1 #bjac;,estimated ,federal3 #be1dee1jjj;,estimated non-,federal3 #ah1cfb1jjj,total3 #dc1hag1jjj #b4 ,i,l,wood ,river ,levee ,system ,reconstruction,may #g1 #bjac;,estimated ,federal3 #af1fgh1jjj;,estimated non-,federal3 #h1ihj1jjj,total3 #be1feh1jjj #c4 ,t,x,corpus ,christi ,ship ,channel,aug4 #h1 #bjac;,estimated ,federal3 #ahb1ehb1jjj;,estimated non-,federal3 #agj1fdi1jjj,total3 #cec1bca1jjj #d4 ,i,a,des ,moines ,river and ,raccoon ,river ,project,feb4 #ab1 #bjad;,estimated ,federal3 #ad1iij1cjj;,estimated non-,federal3 #h1bed1gjj,total3 #bc1bde1jjj #e4 ,m,d,poplar ,island,feb4 #bf1 #bjad;,estimated ,federal3 #hfh1bgb1jjj;,estimated non-,federal3 #cfe1fci1jjj,total3 #a1bcc1iaa1jjj #f4 ,i,l,lake ,michigan 7,chicago ,shoreline7,mar4 #ah1 #bjad;,estimated ,federal3 #ahe1dda1jjj;,estimated non-,federal3 #cee1aje1jjj,total3 #edj1edf1jjj #g4 ,n,e,western ,sarpy and ,clear ,creek,mar4 #bj1 #bjad;,estimated ,federal3 #bh1abh1hjj;,estimated non-,federal3 #ae1adf1cjj,total3 #dc1bge1ajj #h4 ,m,o,cape ,girardeau,apr4 #ad1 #bjad;,estimated ,federal3 #ag1fhg1jjj;,estimated non-,federal3 #gdf1jjj,total3 #ah1dcc1jjj #gjjd4 ,expedited consideration in the ,house and ,senate 7a7 ,consideration in the ,house of ,representatives 7#a7 ,definition of interim authorization bill ,in this subsection1 the term interim authorization bill means a bill of the #aacth ,congress introduced after the date of enactment of this ,act in the ,house of ,representatives by the chair of the ,committee on ,transportation and ,infrastructure which-- 7,a7 has the following title3 ,a bill to provide for the authorization of certain water resources development or conservation projects outside the regular authorization cycle42 and 7,b7 only contains-- 7i7 authorization for #a or more water resources development or conservation projects for which a final report of the ,chief of ,engineers has been completed2 or 7ii7 deauthorization for #a or more water resources development or conservation projects4 7#b7 ,expedited consideration ,if an interim authorization bill is not reported by a committee to which it is referred within #cj calendar days1 the committee shall be discharged from its further consideration and the bill shall be referred to the appropriate calendar4 7b7 ,consideration in the ,senate 7#a7 ,policy ,the benefits of water resource projects designed and carried out in an economically justifiable1 environmentally acceptable1 and technically sound manner are important to the economy and environment of the ,united ,states and recommendations to ,congress regarding those projects should be expedited for approval in a timely manner4 7#b7 ,applicability ,the procedures under this subsection apply to projects for water resources development1 conservation1 and other purposes1 subject to the conditions that-- 7,a7 each project is carried out-- 7i7 substantially in accordance with the plan identified in the report of the ,chief of ,engineers for the project2 and 7ii7 subject to any conditions described in the report for the project2 and 7,b7 7i7 a report of the ,chief of ,engineers has been completed2 and 7ii7 after the date of enactment of this ,act1 the ,assistant ,secretary of the ,army for ,civil ,works has submitted to ,congress a recommendation to authorize construction of the project4 7#c7 ,expedited consideration 7,a7 ,in general ,a bill shall be eligible for expedited consideration in accordance with this subsection if the bill-- 7i7 authorizes a project that meets the requirements described in paragraph 7#b72 and 7ii7 is referred to the ,committee on ,environment and ,public ,works of the ,senate4 7,b7 ,committee consideration 7i7 ,in general ,not later than ,january #cast of the second session of each ,congress1 the ,committee on ,environment and ,public ,works of the ,senate shall-- 7,i7 report all bills that meet the requirements of subparagraph 7,a72 or 7,,ii7 introduce and report a measure to authorize any project that meets the requirements described in paragraph 7#b74 7ii7 ,failure to act ,subject to clause 7iii71 if the committee fails to act on a bill that meets the requirements of subparagraph 7,a7 by the date specified in clause 7i71 the bill shall be discharged from the committee and placed on the calendar of the ,senate4 7iii7 ,exceptions ,clause 7ii7 shall not apply if-- 7,i7 in the #ahj-;day period immediately preceding the date specified in clause 7i71 the full committee holds a legislative hearing on a bill to authorize all projects that meet the requirements described in paragraph 7#b72 7,,ii7 7aa7 the committee favorably reports a bill to authorize all projects that meet the requirements described in paragraph 7#b72 and 7bb7 the bill described in item 7aa7 is placed on the calendar of the ,senate2 or 7,,iii7 a bill that meets the requirements of subparagraph 7,a7 is referred to the committee not earlier than #cj days before the date specified in clause 7i74 7#d7 ,termination ,the procedures for expedited consideration under this subsection terminate on ,december #ca1 #bjah4 7c7 ,rules of the ,senate and ,house of ,representatives ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a bill addressed by this section1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 ,speaker of the ,house of ,representatives4 ,vice ,president of the ,united ,states and ,president of the ,senate4