,,ii #aacth ,,congress #ast ,session ,s4 #fja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ah1 #bjac ,mrs4 ,boxer 7for herself and ,mr4 ,vitter7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to provide for the conservation and development of water and related resources1 to authorize the ,secretary of the ,army to construct various projects for improvements to rivers and harbors of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,water ,resources ,development ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,water resource projects ,sec4 #ajja4 ,purposes4 ,sec4 #ajjb4 ,project authorizations4 ,sec4 #ajjc4 ,project review4 ,,title ,,ii--,water resources policy reforms ,sec4 #bjja4 ,purposes4 ,sec4 #bjjb4 ,safety assurance review4 ,sec4 #bjjc4 ,continuing authority programs4 ,sec4 #bjjd4 ,continuing authority program prioritization4 ,sec4 #bjje4 ,fish and wildlife mitigation4 ,sec4 #bjjf4 ,mitigation status report4 ,sec4 #bjjg4 ,independent peer review4 ,sec4 #bjjh4 ,operation and maintenance of navigation and hydroelectric facilities4 ,sec4 #bjji4 ,hydropower at ,corps of ,engineers facilities4 ,sec4 #bjaj4 ,clarification of work-in-kind credit authority4 ,sec4 #bjaa4 ,transfer of excess work-in-kind credit4 ,sec4 #bjab4 ,credit for in-kind contributions4 ,sec4 #bjac4 ,credit in lieu of reimbursement4 ,sec4 #bjad4 ,dam optimization4 ,sec4 #bjae4 ,water supply4 ,sec4 #bjaf4 ,report on water storage pricing formulas4 ,sec4 #bjag4 ,clarification of previously authorized work4 ,sec4 #bjah4 ,consideration of ,federal land in feasibility studies4 ,sec4 #bjai4 ,planning assistance to ,states4 ,sec4 #bjbj4 ,vegetation management policy4 ,sec4 #bjba4 ,levee certifications4 ,sec4 #bjbb4 ,restoration of flood and hurricane storm damage reduction projects4 ,sec4 #bjbc4 ,operation and maintenance of certain projects4 ,sec4 #bjbd4 ,dredging study4 ,sec4 #bjbe4 ,non-,federal project implementation pilot program4 ,sec4 #bjbf4 ,non-,federal implementation of feasibility studies4 ,sec4 #bjbg4 ,tribal partnership program4 ,sec4 #bjbh4 ,cooperative agreements with ,columbia ,river ,basin ,indian tribes4 ,sec4 #bjbi4 ,military munitions response actions at civil works shoreline protection projects4 ,sec4 #bjcj4 ,beach nourishment4 ,sec4 #bjca4 ,regional sediment management4 ,sec4 #bjcb4 ,study acceleration4 ,sec4 #bjcc4 ,project acceleration4 ,sec4 #bjcd4 ,feasibility studies4 ,sec4 #bjce4 ,accounting and administrative expenses4 ,sec4 #bjcf4 ,determination of project completion4 ,sec4 #bjcg4 ,project partnership agreements4 ,sec4 #bjch4 ,interagency and international support authority4 ,sec4 #bjci4 ,acceptance of contributed funds to increase lock operations4 ,sec4 #bjdj4 ,emergency response to natural disasters4 ,sec4 #bjda4 ,systemwide improvement frameworks4 ,sec4 #bjdb4 ,funding to process permits4 ,sec4 #bjdc4 ,national riverbank stabilization and erosion prevention study and pilot program4 ,sec4 #bjdd4 ,hurricane and storm damage risk reduction prioritization4 ,sec4 #bjde4 ,prioritization of ecosystem restoration efforts4 ,sec4 #bjdf4 ,special use permits4 ,sec4 #bjdg4 ,operations and maintenance on fuel taxed inland waterways4 ,sec4 #bjdh4 ,corrosion prevention4 ,sec4 #bjdi4 ,project deauthorizations4 ,sec4 #bjej4 ,reports to ,congress4 ,,title ,,iii--,project modifications ,sec4 #cjja4 ,purpose4 ,sec4 #cjjb4 ,chatfield ,reservoir1 ,colorado4 ,sec4 #cjjc4 ,missouri ,river ,recovery ,implementation ,committee expenses reimbursement4 ,sec4 #cjjd4 ,hurricane and storm damage reduction study4 ,sec4 #cjje4 ,lower ,yellowstone ,project1 ,montana4 ,sec4 #cjjf4 ,project deauthorizations4 ,sec4 #cjjg4 ,raritan ,river ,basin1 ,green ,brook ,sub-basin1 ,new ,jersey4 ,sec4 #cjjh4 ,red ,river ,basin1 ,oklahoma1 ,texas1 ,arkansas1 ,louisiana4 ,,title ,,iv--,water resource studies ,sec4 #djja4 ,purpose4 ,sec4 #djjb4 ,initiation of new water resources studies4 ,sec4 #djjc4 ,applicability4 ,,title ,v--,regional and nonproject provisions ,sec4 #ejja4 ,purpose4 ,sec4 #ejjb4 ,northeast ,coastal ,region ecosystem restoration4 ,sec4 #ejjc4 ,chesapeake ,bay ,environmental ,restoration and ,protection ,program4 ,sec4 #ejjd4 ,rio ,grande environmental management program1 ,colorado1 ,new ,mexico1 ,texas4 ,sec4 #ejje4 ,lower ,columbia ,river and ,tillamook ,bay ecosystem restoration1 ,oregon and ,washington4 ,sec4 #ejjf4 ,arkansas ,river1 ,arkansas and ,oklahoma4 ,sec4 #ejjg4 ,aquatic invasive species prevention and management2 ,columbia ,river ,basin4 ,sec4 #ejjh4 ,upper ,missouri ,basin flood and drought monitoring4 ,sec4 #ejji4 ,northern ,rockies headwaters extreme weather mitigation4 ,,title ,,vi--,levee safety ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,findings2 purposes4 ,sec4 #fjjc4 ,definitions4 ,sec4 #fjjd4 ,national levee safety program4 ,sec4 #fjje4 ,national levee safety advisory board4 ,sec4 #fjjf4 ,inventory and inspection of levees4 ,sec4 #fjjg4 ,reports4 ,sec4 #fjjh4 ,effect of title4 ,sec4 #fjji4 ,authorization of appropriations4 ,,title ,,vii--,inland waterways ,sec4 #gjja4 ,purposes4 ,sec4 #gjjb4 ,definitions4 ,sec4 #gjjc4 ,project delivery process reforms4 ,sec4 #gjjd4 ,major rehabilitation standards4 ,sec4 #gjje4 ,inland waterways system revenues4 ,sec4 #gjjf4 ,efficiency of revenue collection4 ,,title ,,viii--,harbor maintenance ,sec4 #hjja4 ,short title4 ,sec4 #hjjb4 ,purposes4 ,sec4 #hjjc4 ,funding for harbor maintenance programs4 ,sec4 #hjjd4 ,harbor ,maintenance ,trust ,fund prioritization4 ,sec4 #hjje4 ,civil works program of the ,corps of ,engineers4 ,,title ,,ix--,dam safety ,sec4 #ijja4 ,short title4 ,sec4 #ijjb4 ,purpose4 ,sec4 #ijjc4 ,administrator4 ,sec4 #ijjd4 ,inspection of dams4 ,sec4 #ijje4 ,national ,dam ,safety ,program4 ,sec4 #ijjf4 ,public awareness and outreach for dam safety4 ,sec4 #ijjg4 ,authorization of appropriations4 ,,title ,x--,innovative financing pilot projects ,sec4 #ajjja4 ,short title4 ,sec4 #ajjjb4 ,purposes4 ,sec4 #ajjjc4 ,definitions4 ,sec4 #ajjjd4 ,authority to provide assistance4 ,sec4 #ajjje4 ,applications4 ,sec4 #ajjjf4 ,eligible entities4 ,sec4 #ajjjg4 ,projects eligible for assistance4 ,sec4 #ajjjh4 ,activities eligible for assistance4 ,sec4 #ajjji4 ,determination of eligibility and project selection4 ,sec4 #ajjaj4 ,secured loans4 ,sec4 #ajjaa4 ,program administration4 ,sec4 #ajjab4 ,state and local permits4 ,sec4 #ajjac4 ,regulations4 ,sec4 #ajjad4 ,funding4 ,sec4 #ajjae4 ,report to ,congress4 ,,title ,,xi--,extreme weather ,sec4 #aajja4 ,improving management of flood and drought4 ,sec4 #aajjb4 ,,gao study on management of flood and drought4 ,sec4 #aajjc4 ,post-disaster watershed assessments4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of the ,army4 ,i ,water resource projects #ajja4 ,purposes ,the purposes of this title are-- 7#a7 to authorize projects that-- 7,a7 are the subject of a completed report of the ,chief of ,engineers containing a determination that the relevant project-- 7i7 is in the ,federal interest2 7ii7 results in benefits that exceed the costs of the project2 7iii7 is environmentally acceptable2 and 7iv7 is technically feasible2 and 7,b7 have been recommended to ,congress for authorization by the ,assistant ,secretary of the ,army for ,civil ,works2 and 7#b7 to authorize the ,secretary-- 7,a7 to review projects that require increased authorization2 and 7,b7 to request an increase of those authorizations after-- 7i7 certifying that the increases are necessary2 and 7ii7 submitting to ,congress reports on the proposed increases4 #ajjb4 ,project authorizations ,the ,secretary is authorized to carry out projects for water resources development1 conservation1 and other purposes1 subject to the conditions that-- 7#a7 each project is carried out-- 7,a7 substantially in accordance with the plan for the project2 and 7,b7 subject to any conditions described in the report for the project2 and 7#b7 a ,report of the ,chief of ,engineers has been completed and a referral by the ,assistant ,secretary of the ,army for ,civil ,works has been made to ,congress as of the date of enactment of this ,act for the project4 #ajjc4 ,project review 7a7 ,in general ,for a project that is authorized by ,federal law as of the date of enactment of this ,act1 the ,secretary may modify the authorized project cost set under section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj7-- 7#a7 by submitting the required certification and additional information to ,congress in accordance with subsection 7b72 and 7#b7 after receiving an appropriation of funds in accordance with subsection 7c74 7b7 ,requirements for submission 7#a7 ,certification ,the certification to ,congress under subsection 7a7 shall include a certification by the ,secretary that-- 7,a7 expenditures above the authorized cost of the project are necessary to protect life and safety1 maintain critical navigation routes1 or restore ecosystems2 7,b7 the project continues to provide benefits identified in the report of the ,chief of ,engineers for the project2 and 7,c7 for projects under construction-- 7i7 a temporary stop or delay resulting from a failure to increase the authorized cost of the project will increase costs to the ,federal ,government2 and 7ii7 the amount requested for the project in the budget of the ,president or included in a work plan for the expenditure of funds for the fiscal year during which the certification is submitted will exceed the authorized cost of the project4 7#b7 ,additional information ,the information provided to ,congress about the project under subsection 7a7 shall include1 at a minimum-- 7,a7 a comprehensive review of the project costs and reasons for exceeding the authorized limits set under section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj72 7,b7 an expedited analysis of the updated benefits and costs of the project2 and 7,c7 the new funding level needed to complete the project4 7#c7 ,approval of ,congress ,the ,secretary may not change the authorized project costs under subsection 7a7 unless-- 7,a7 a certification and required information is submitted to ,congress under subsection 7b72 and 7,b7 after such submission1 amounts are appropriated to initiate or continue construction of the project in an appropriations or other ,act4 7c7 ,termination of effectiveness ,the authority of the ,secretary under this section terminates on the date that is #c years after the date of enactment of this ,act4 ,,ii ,water resources policy reforms #bjja4 ,purposes ,the purposes of this title are-- 7#a7 to reform the implementation of water resources projects by the ,corps of ,engineers2 7#b7 to make other technical changes to the water resources policy of the ,corps of ,engineers2 and 7#c7 to implement reforms1 including-- 7,a7 enhancing the ability of local sponsors to partner with the ,corps of ,engineers by ensuring the eligibility of the local sponsors to receive and apply credit for work carried out by the sponsors and increasing the role of sponsors in carrying out ,corps of ,engineers projects2 7,b7 ensuring continuing authority programs can continue to meet important needs2 7,c7 encouraging the continuation of efforts to modernize feasibility studies and establish targets for expedited completion of feasibility studies2 7,d7 seeking efficiencies in the management of dams and related infrastructure to reduce environmental impacts while maximizing other benefits and project purposes1 such as flood control1 navigation1 water supply1 and hydropower2 7,e7 clarifying mitigation requirements for ,corps of ,engineers projects and ensuring transparency in the independent external review of those projects2 and 7,f7 establishing an efficient and transparent process for deauthorizing projects that have failed to receive a minimum level of investment to ensure active projects can move forward while reducing the backlog of authorized projects4 #bjjb4 ,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 #bjjc4 ,continuing authority programs 7a7 ,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 7b7 ,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 7c7 ,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 added 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 7d7 ,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 7e7 ,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 may be and inserting ,the non-,federal share may be provided2 and 7#b7 in the third sentence1 by striking #e1jjj1jjj and inserting #aj1jjj1jjj4 7f7 ,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 7g7 ,floodplain management services ,section #bjf7;d7 of the ,flood ,control ,act of #aifj 7#cc ,u4,s4,c4 #gji;a7 is amended by striking #ae1jjj1jjj and inserting #ej1jjj1jjj4 #bjjd4 ,continuing authority program prioritization 7a7 ,definition of continuing authority program project ,in this section1 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 7b7 ,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 7c7 ,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 7d7 ,congressional notification ,on publication in the ,federal ,register under subsections 7b7 and 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 a copy of all information published under those subsections4 #bjje4 ,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 determination42 and 7,b7 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 #a or more programmatic mitigation plans to address the potential impacts to ecological resources1 fish1 and wildlife associated with existing or future 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 may-- 7,a7 be developed on a regional1 ecosystem1 watershed1 or statewide scale2 7,b7 encompass multiple environmental resources within a defined geographical area or focus on a specific resource1 such as aquatic resources or wildlife habitat2 and 7,c7 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 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 wetlands4 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 7j7 ,use of ,funds ,the ,secretary may use funds made available for preconstruction engineering and design prior to authorization of project construction to acquire interests in land necessary for meeting the mitigation requirements of this section4 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 #bjjf4 ,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 and participants 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 #bjjg4 ,independent peer review 7a7 ,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 ,internet 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 7b7 ,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 review2 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 7c7 ,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 7d7 ,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 #bjjh4 ,operation and maintenance of navigation and hydroelectric facilities 7a7 ,in general ,section #cad of the ,water ,resources ,development ,act of #aiij 7#cc ,u4,s4,c4 #bcba7 is amended-- 7#a7 by striking the heading and inserting the following3 #cad4 ,operation and maintenance of navigation and hydroelectric facilities 2 7#b7 in the first sentence1 by striking ,activities currently performed and inserting the following3 7a7 ,in general ,activities currently performed 2 7#c7 in the second sentence1 by striking ,this section and inserting the following3 7b7 ,major maintenance contracts allowed ,this section 2 7#d7 in subsection 7a7 7as designated by paragraph 7#b771 by inserting navigation or before hydroelectric2 and 7#e7 by adding at the end the following3 7c7 ,exclusion ,this section shall not-- 7#a7 apply to those navigation facilities that have been or are currently under contract with a non-,federal interest to perform operations and maintenance as of the date of enactment of the ,water ,resources ,development ,act of #bjac2 and 7#b7 prohibit the ,secretary from contracting out future commercial activities at those navigation facilities4 4 7b7 ,clerical amendment ,the table of contents contained in section #a7;b7 of the ,water ,resources ,development ,act of #aiij 7#ajd ,stat4 #dfjd7 is amended by striking the item relating to section #cad and inserting the following3 ,sec4 #cad4 ,operation and maintenance of navigation and hydroelectric facilities4 4 #bjji4 ,hydropower at ,corps of ,engineers facilities 7a7 ,findings ,congress finds that-- 7#a7 in ,april #bjab1 the ,oak ,ridge ,national ,laboratory of the ,department of ,energy 7referred to in this section as the ,oak ,ridge ,lab7 released a report finding that adding hydroelectric power to the non-powered dams of the ,united ,states has the potential to add more than #ab gigawatts of new generating capacity2 7#b7 the top #aj non-powered dams identified by the ,oak ,ridge ,lab as having the highest hydroelectric power potential could alone supply #c gigawatts of generating capacity2 7#c7 of the #ej non-powered dams identified by the ,oak ,ridge ,lab as having the highest hydroelectric power potential1 #dh are ,corps of ,engineers civil works projects2 7#d7 promoting non-,federal hydroelectric power at ,corps of ,engineers civil works projects increases the taxpayer benefit of those projects2 7#e7 the development of non-,federal hydroelectric power at ,corps of ,engineers civil works projects-- 7,a7 can be accomplished in a manner that is consistent with authorized project purposes and the responsibilities of the ,corps of ,engineers to protect the environment2 and 7,b7 in many instances1 may have additional environmental benefits2 and 7#f7 the development of non-,federal hydroelectric power at ,corps of ,engineers civil works projects could be promoted through-- 7,a7 clear and consistent lines of responsibility and authority within and across ,corps of ,engineers districts and divisions on hydroelectric power development activities2 7,b7 consistent and corresponding processes for reviewing and approving hydroelectric power development2 and 7,c7 developing a means by which non-,federal hydroelectric power developers and stakeholders can resolve disputes with the ,corps of ,engineers concerning hydroelectric power development activities at ,corps of ,engineers civil works projects4 7b7 ,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 7c7 ,report ,not later than #a year after the date of enactment of this ,act 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 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 #bjaj4 ,clarification of work-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 7a7-- 7,a7 by inserting 1 on1 or after after before2 and 7,b7 by inserting 1 program1 after study each place it appears2 7#b7 in subsections 7b7 and 7e71 by inserting 1 program1 after study each place it appears2 and 7#c7 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 study1 program1 or project under this title may be applied toward the non-,federal cost share for any other study1 program1 or project carried out under this title4 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 amendments made by subsection 7a77#c74 7c7 ,effective date ,the amendments made by subsection 7a7 take effect on ,november #h1 #bjjg4 #bjaa4 ,transfer of excess work-in-kind credit 7a7 ,in general ,subject to subsection 7b71 the ,secretary may apply credit for in-kind contributions provided by a non-,federal interest that is in excess of the required non-,federal cost-share for a water resources study or project toward the required non-,federal cost-share for a different water resources study or 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 #bjab of this ,act7 shall not apply to any credit under this section4 7#b7 ,conditions ,credit in excess of the non-,federal cost-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 is in excess of the non-,federal cost share for the study or project2 and 7ii7 the 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 cost-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 cost-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 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an interim report on the use of the authority under this section4 7,b7 ,final report ,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 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 #bjab4 ,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 7i7 by inserting or a project under an environmental infrastructure assistance program after law2 7#b7 in subparagraph 7,c71 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 the date of enactment of this subparagraph1 the ,secretary and the non-,federal interest shall enter into an agreement under which the non-,federal interest shall carry out such work prior to the non-,federal interest initiating construction or issuing a written notice to proceed for the 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 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,d77iii71 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 ,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 ,secretary shall reimburse the difference to the non-,federal interest1 subject to the availability of funds4 2 and 7#f7 in subparagraph 7,h7 7as redesignated by paragraph 7#d77-- 7,a7 in clause 7i71 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 in addition to specific credit provision ,in any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-,federal interest before the date of execution of a partnership agreement1 the ,secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-,federal interest on or after the date of execution of the partnership agreement4 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 by inserting 1 or construction of design deficiency corrections on the project1 after construction on the project4 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 #bjac4 ,credit in lieu of reimbursement ,section #baa7;e77#b7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #gja;b-#ac7;e77#b77 is amended by adding at the end the following3 7,c7 ,studies or other projects ,on the request of a non-,federal interest1 in lieu of reimbursing a non-,federal interest the amount equal to the estimated ,federal share of the cost of an authorized flood damage reduction project or a separable element of an authorized flood damage reduction project under this subsection that has been constructed by the non-,federal interest under this section as of the date of enactment of this ,act1 the ,secretary may provide the non-,federal interest with a credit in that amount1 which the non-,federal interest may apply to the share of the cost of the non-,federal interest of carrying out other flood damage reduction projects or studies4 4 #bjad4 ,dam optimization 7a7 ,definitions ,in this section3 7#a7 ,other related project benefits ,the term other related project benefits includes-- 7,a7 environmental protection and restoration1 including restoration of water quality and water flows1 improving movement of fish and other aquatic species1 and restoration of floodplains1 wetlands1 and estuaries2 7,b7 increased water supply storage2 7,c7 increased hydropower generation2 7,d7 reduced flood risk2 7,e7 additional navigation2 and 7,f7 improved recreation4 7#b7 ,water control plan ,the term water control plan means-- 7,a7 a plan for coordinated regulation schedules for project or system regulation2 and 7,b7 such additional provisions as may be required to collect1 analyze1 and disseminate basic data1 prepare detailed operating instructions1 ensure project safety1 and carry out regulation of projects in an appropriate manner4 7b7 ,program 7#a7 ,in general ,the ,secretary may carry out activities-- 7,a7 to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the ,corps of ,engineers2 and 7,b7 to maximize1 to the extent practicable-- 7i7 authorized project purposes2 and 7ii7 other related project benefits4 7#b7 ,eligible activities ,an eligible activity under this section is any activity that the ,secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project1 including-- 7,a7 the review of project operations on a regular and timely basis to determine the potential for operational changes2 7,b7 carrying out any investigation or study the ,secretary determines to be necessary2 and 7,c7 the revision or updating of a water control plan or other modification of the operation of a water resource project4 7#c7 ,impact on authorized purposes ,an activity carried out under this section shall not adversely impact any of the authorized purposes of the project4 7#d7 ,effect on existing agreements ,nothing in this section supersedes or modifies any written agreement between the ,federal ,government and a non-,federal interest that is in effect on the date of enactment of this ,act4 7#e7 ,other laws 7,a7 ,in general ,an activity carried out under this section shall comply with all other applicable laws 7including regulations74 7,b7 ,water supply ,any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the ,secretary shall comply with section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b74 7c7 ,policies1 regulations1 and guidance ,the ,secretary shall carry out a review of1 and as necessary modify1 the policies1 regulations1 and guidance of the ,secretary to carry out the activities described in subsection 7b74 7d7 ,coordination 7#a7 ,in general ,the ,secretary shall coordinate all planning and activities carried out under this section with appropriate ,federal1 ,state1 and local agencies and those public and private entities that the ,secretary determines may be affected by those plans or activities4 7#b7 ,non-,federal interests ,prior to carrying out an activity under this section1 the ,secretary shall consult with any applicable non-,federal interest of the affected dam or related infrastructure4 7e7 ,reports 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 ,congress a report describing the actions carried out under this section4 7#b7 ,inclusions ,each report under paragraph 7#a7 shall include-- 7,a7 a schedule for reviewing the operations of individual projects2 and 7,b7 any recommendations of the ,secretary on changes that the ,secretary determines to be necessary-- 7i7 to carry out existing projection authorizations1 including the deauthorization of any water resource project that the ,secretary determines could more effectively be achieved through other means2 7ii7 to improve the efficiency of water resource project operations2 and 7iii7 to maximize authorized project purposes and other related project benefits4 7#c7 ,updated report 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall update 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 7,b7 ,inclusions ,the updated report described in subparagraph 7,a7 shall include-- 7i7 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 and 7ii7 the dates on which the recommendations described in clause 7i7 were carried out4 7f7 ,funding 7#a7 ,in general ,the ,secretary may use to carry out this section amounts made available to the ,secretary from-- 7,a7 the general purposes and expenses account2 7,b7 the operations and maintenance account2 and 7,c7 any other amounts that are appropriated to carry out this section4 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 section4 7g7 ,cooperative agreements ,the ,secretary may enter into cooperative agreements with other ,federal agencies and non-,federal entities to carry out this section4 #bjae4 ,water supply ,section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,congressional approval of modifications of reservoir projects ,congressional approval shall be required for any modification of a reservoir project that has been authorized1 surveyed1 planned1 or constructed to include storage for municipal or industrial water supply if1 when considered cumulatively with all previous modifications of the project1 the modification would-- 7#a7 seriously affect the purposes for which the project was authorized1 surveyed1 planned1 or constructed2 7#b7 involve major structural or operational changes2 or 7#c7 involve an allocation or reallocation of storage that is equal to or exceeds #e percent of the conservation storage pool of the project4 4 #bjaf4 ,report on water storage pricing formulas 7a7 ,findings ,congress finds that-- 7#a7 due to the ongoing drought in many parts of the ,united ,states1 communities are looking for ways to enhance their water storage on ,corps of ,engineer reservoirs so as to maintain a reliable supply of water into the foreseeable future2 7#b7 water storage pricing formulas should be equitable and not create disparities between users2 and 7#c7 water pricing formulas should not be cost-prohibitive for communities4 7b7 ,assessment 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall initiate an assessment of the water storage pricing formulas of the ,corps of ,engineers1 which shall include an assessment of-- 7,a7 existing water storage pricing formulas of the ,corps of ,engineers1 in particular whether those formulas produce water storage costs for some beneficiaries that are greatly disparate from the costs of other beneficiaries2 and 7,b7 whether equitable water storage pricing formulas could lessen the disparate impact and produce more affordable water storage for potential beneficiaries4 7#b7 ,report ,the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the assessment carried out under paragraph 7#a74 #bjag4 ,clarification of previously authorized work 7a7 ,in ,general ,the ,secretary may carry out measures to improve fish species habitat within the footprint and downstream of a water resources project constructed by the ,secretary that includes a fish hatchery if the ,secretary-- 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 a project constructed under this section4 7c7 ,authorization of appropriations ,for each fiscal year1 there is authorized to be appropriated to carry out this section #cj1jjj1jjj4 #bjah4 ,consideration of ,federal land in feasibility studies ,at the request of the non-,federal interest1 the ,secretary shall include as part of a regional or watershed study any ,federal land that is located within the geographic scope of that study4 #bjai4 ,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 stakeholder 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 public body 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 #bjbj4 ,vegetation management policy 7a7 ,definition of national guidelines ,in this section1 the term national 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 ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall carry out a comprehensive review of the national guidelines in order to determine whether current ,federal policy relating to levee vegetation is appropriate for all regions of the ,united ,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 for levee 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 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 the available science and the historical record regarding the link between vegetation on levees and flood risk2 7,f7 the avoidance of actions requiring significant economic costs and environmental impacts2 and 7,g7 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 whether the national guidelines can be amended to promote and allow for consideration of variances from national guidelines on a ,statewide1 tribal1 regional1 or watershed basis1 including variances based on-- 7i7 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 challenges2 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 national guidelines1 as the ,secretary determines to be necessary4 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 ,the ,chief of ,engineers and any ,state1 tribal1 regional1 or local entity may submit to the ,secretary any recommendations for vegetation management policies for levees that conform with ,federal and ,state laws1 including recommendations relating to the review of national guidelines under subsection 7b7 and the consideration of variances under subsection 7c77#b74 7e7 ,peer review 7#a7 ,in general ,as part of the review1 the ,secretary shall solicit and consider the views of the ,national ,academy of ,engineering and the ,national ,academy of ,sciences on the engineering1 environmental1 and institutional considerations underlying the national 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 ,national ,academy of ,engineering and the ,national ,academy of ,sciences 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 national guidelines required under subsection 7f74 7f7 ,revision of national guidelines 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 revise the national 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 results of the peer review conducted under subsection 7e72 and 7,b7 submit to ,congress a report that contains a summary of the activities of the ,secretary and a description of the findings of the ,secretary under this section4 7#b7 ,content2 incorporation into manual ,the revised national guidelines shall-- 7,a7 provide a practical1 flexible process for approving ,statewide1 tribal1 regional1 or watershed variances from the national 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 have been adopted through a formal public process2 and 7,b7 be incorporated into the manual proposed under section #e7;c7 of the ,act entitled ,an ,act authorizing the construction of certain public works on rivers and harbors for flood control1 and for other purposes1 approved ,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 ,continuation of work ,concurrent with the completion of the requirements of this section1 the ,secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies1 or elements of projects or studies1 that are not directly related to vegetation variance policy4 7h7 ,interim actions 7#a7 ,in general ,until the date on which revisions to the national 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 national guidelines are adopted in accordance with subsection 7f71 the ,secretary shall consider1 on request of an affected entity1 any previous action of the ,corps of ,engineers in which the outcome was affected by the former national guidelines4 #bjba4 ,levee certifications 7a7 ,implementation of flood protection structure accreditation task force ,in carrying out section #ajjbbf of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 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 for each requirement 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 and certifications 7#a7 ,in general ,on receipt of a request from a non-,federal interest1 the ,secretary may carry out a levee system evaluation and certification of a federally authorized levee for purposes of the national flood insurance program established under chapter #a of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djaa et seq47 if the evaluation and certification will be carried out earlier than such an evaluation and certification would be carried out under subsection 7a74 7#b7 ,requirements ,a levee system evaluation and certification 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 ,director of the ,federal ,emergency ,management ,agency1 may establish4 7#c7 ,cost ,sharing 7,a7 ,non-,federal share ,subject to subparagraph 7,b71 the non-,federal share of the cost of carrying out a levee system evaluation and certification under this subsection shall be #ce percent4 7,b7 ,adjustment ,the ,secretary shall adjust the non-,federal share of the cost of carrying out a levee system evaluation and certification under this subsection in accordance with section #ajc7m7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7m774 7#d7 ,application ,nothing in this subsection affects the requirement under section #ajjbbf7;b77#b7 of the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7#db ,u4,s4,c4 #daja note2 #abf ,stat4 #idb74 #bjbb4 ,restoration of flood and hurricane storm damage reduction projects 7a7 ,in general ,the ,secretary shall carry out any measures necessary to restore components of federally authorized and federally constructed flood and hurricane storm damage reduction projects to authorized levels of protection for reasons including settlement1 subsidence1 sea level rise1 and new datum1 if the ,secretary determines the necessary work is feasible4 7b7 ,cost share ,the non-,federal share of the cost of construction of a project carried out under this section shall be determined as provided in subsections 7a7 through 7d7 of section #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac74 7c7 ,operations and maintenance ,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 ,eligibility of projects transferred to non-,federal interest ,the ,secretary may carry out measures described in subsection 7a7 on a water resources project1 separable element of a project1 or functional component of a project that has been transferred to the non-,federal interest4 7e7 ,report to ,congress ,not later than #h 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 a report on the implementation of this section1 including-- 7#a7 any recommendations relating to the continued need for the authority provided in 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 flood damage reduction projects4 7f7 ,termination of authority ,the authority to carry out a measure under this section terminates on the date that is #aj years after the date of enactment of this ,act4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj4 #bjbc4 ,operation and maintenance of certain projects ,the ,secretary may assume operation and maintenance activities for a navigation channel that is deepened by a non-,federal interest prior to ,december #ca1 #bjab1 if-- 7#a7 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 met2 7#b7 the ,secretary determines that the activities carried out by the non-,federal interest in deepening the navigation channel are economically justified and environmentally acceptable2 and 7#c7 the deepening activities have been carried out on a ,federal navigation channel that-- 7,a7 exists as of the date of enactment of this ,act2 and 7,b7 has been authorized by ,congress4 #bjbd4 ,dredging study 7a7 ,in general ,the ,secretary1 in conjunction with other relevant ,federal agencies and applicable non-,federal interests1 shall carry out a study-- 7#a7 to compare domestic and international dredging markets1 including costs1 technologies1 and management approaches used in each respective market1 and determine the impacts of those markets on dredging needs and practices in the ,united ,states2 7#b7 to analyze past and existing practices1 technologies1 and management approaches used in dredging in the ,united ,states2 and 7#c7 to develop recommendations relating to the best techniques1 practices1 and management approaches for dredging in the ,united ,states4 7b7 ,purposes ,the purposes of the study under this section are-- 7#a7 the identification of the best techniques1 methods1 and technologies for dredging1 including the evaluation of the feasibility1 cost1 and benefits of-- 7,a7 new dredging technologies2 and 7,b7 improved dredging practices and techniques2 7#b7 the appraisal of the needs of the ,united ,states for dredging1 including the need to increase the size of private and ,corps of ,engineers dredging fleets to meet demands for additional construction or maintenance dredging needed as of the date of enactment of this ,act and in the subsequent #bj years2 7#c7 the identification of any impediments to dredging1 including any recommendations of appropriate alternatives for responding to those impediments2 7#d7 the assessment1 including any recommendations of appropriate alternatives1 of the adequacy and effectiveness of-- 7,a7 the economic1 engineering1 and environmental methods1 models1 and analyses used by the ,chief of ,engineers and private dredging operations for dredging2 and 7,b7 the current cost structure of construction contracts entered into by the ,chief of ,engineers2 7#e7 the evaluation of the efficiency and effectiveness of past1 current1 and alternative dredging practices and alternatives to dredging1 including agitation dredging2 and 7#f7 the identification of innovative techniques and cost-effective methods to expand regional sediment management efforts1 including the placement of dredged sediment within river diversions to accelerate the creation of wetlands4 7c7 ,study team 7#a7 ,in general ,the ,secretary shall establish a study team to assist the ,secretary in planning1 carrying out1 and reporting on the results of the study under this section4 7#b7 ,study team ,the study team established pursuant to paragraph 7#a7 shall-- 7,a7 be appointed by the ,secretary2 and 7,b7 represent a broad spectrum of experts in the field of dredging and representatives of relevant ,state agencies and relevant non-,federal interests4 7d7 ,public comment period ,the ,secretary shall-- 7#a7 make available to the public1 including on the ,internet1 all draft and final study findings under this section2 and 7#b7 allow for a public comment period of not less than #cj days on any draft study findings prior to issuing final study findings4 7e7 ,report to congress ,not later than #b years after the date of enactment of this ,act1 and subject to available appropriations1 the ,secretary1 in consultation with the study team established under subsection 7c71 shall submit a detailed report on the results of the study to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7f7 ,failure ,to meet deadlines ,if the ,secretary does not complete the study under this section and submit a report to ,congress under subsection 7e7 on or before the deadline described in that subsection1 the ,secretary shall notify ,congress and describe why the study was not completed4 #bjbe4 ,non-,federal project implementation pilot program 7a7 ,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 and coastal harbor and channel and inland harbor navigation projects4 7b7 ,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 planning1 management1 and operational decisionmaking process of the ,corps of ,engineers4 7c7 ,administration 7#a7 ,in general ,in carrying out the pilot program1 the ,secretary shall-- 7,a7 identify a total of not more than #ab projects for flood risk management1 hurricane and storm damage reduction1 including levees1 floodwalls1 flood control channels1 water control structures1 and coastal harbor and channel and inland harbor navigation1 that have been authorized for construction prior to the date of enactment of this ,act that-- 7i7 7,i7 have received ,federal funds prior to the date of enactment of this ,act2 or 7,,ii7 for more than #b consecutive fiscal years1 have an unobligated funding balance for that project in the ,corps of ,engineers construction account2 and 7ii7 to the maximum extent practicable1 are located in each of the divisions of the ,corps of ,engineers2 7,b7 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 7,c7 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 7,d7 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 7,e7 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-- 7i7 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 7ii7 additional amounts1 as determined by the ,secretary1 from amounts made available under subsection 7h71 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 7,f7 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 paragraph 7#a77;,d71 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 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 the ,secretary for the technical assistance and compensates the ,secretary for the technical assistance1 relating to-- 7,a7 any study1 engineering activity1 and design activity for construction carried out by the non-,federal interest under this section2 and 7,b7 expeditiously obtaining any permits necessary for the project4 7d7 ,cost-,share ,nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this ,act to a project carried out under this section4 7e7 ,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 a report detailing the results of the pilot program carried out under this section1 including-- 7,a7 a description of the progress of non-,federal interests in meeting milestones in detailed project schedules developed pursuant to subsection 7c77#b72 and 7,b7 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 paragraph 7#a74 7#c7 ,failure to meet deadline ,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 why the deadline was missed and a projected date for submission of the report4 7f7 ,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 section4 7g7 ,termination of ,authority ,the authority to commence a project under this section terminates on the date that is #e years after the date of enactment of this ,act4 7h7 ,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 section1 including the costs of administration of the ,secretary1 #be1jjj1jjj for each of fiscal years #bjad through #bjah4 #bjbf4 ,non-,federal implementation of feasibility studies 7a7 ,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 ecosystem restoration1 and coastal harbor and channel and inland harbor navigation4 7b7 ,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 7c7 ,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-- 7,a7 flood risk management2 7,b7 hurricane and storm damage reduction1 including levees1 floodwalls1 flood control channels1 and water control structures2 7,c7 coastal harbor and channel and inland harbor navigation2 and 7,d7 ecosystem restoration4 7#b7 ,use of non-,federal funds 7,a7 ,in general ,a non-,federal interest that has entered into an agreement with the ,secretary pursuant to paragraph 7#a7 may use non-,federal funds to carry out the feasibility study4 7,b7 ,credit ,the ,secretary shall credit towards the non-,federal share of the cost of construction of a project for which a feasibility study is carried out under this section an amount equal to the portion of the cost of developing the study that would have been the responsibility of the ,secretary1 if the study were carried out by the ,secretary1 subject to the conditions that-- 7i7 non-,federal funds were used to carry out the activities that would have been the responsibility of the ,secretary2 7ii7 the ,secretary determines that the feasibility study complies with all applicable ,federal laws and regulations2 and 7iii7 the project is authorized by any provision of ,federal law enacted after the date on which an agreement is entered into under paragraph 7#a74 7#c7 ,transfer of funds 7,a7 ,in general ,after the date on which an agreement is executed pursuant to paragraph 7#a71 the ,secretary may transfer to the non-,federal interest to carry out the feasibility study-- 7i7 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 7ii7 additional amounts1 as determined by the ,secretary1 from amounts made available under subsection 7h71 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 7,b7 ,administration ,the ,secretary shall include such provisions as the ,secretary determines to be necessary in an agreement under paragraph 7#a7 to ensure that a non-,federal interest receiving ,federal funds under this paragraph-- 7i7 has the necessary qualifications to administer those funds2 and 7ii7 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 paragraph 7#c7 are used in compliance with the agreement signed under paragraph 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 paragraph 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 7d7 ,cost-,share ,nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this ,act to a feasibility study carried out under this section4 7e7 ,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 a report detailing the results of the pilot program carried out under this section1 including-- 7,a7 a description of the progress of the non-,federal interests in meeting milestones in detailed project schedules developed pursuant to subsection 7c77#g72 and 7,b7 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 paragraph 7#a74 7#c7 ,failure to meet deadline ,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 why the deadline was missed and a projected date for submission of the report4 7f7 ,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 section4 7g7 ,termination of authority ,the authority to commence a feasibility study under this section terminates on the date that is #e years after the date of enactment of this ,act4 7h7 ,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 section1 including the costs of administration of the ,secretary1 #be1jjj1jjj for each of fiscal years #bjad through #bjah4 #bjbg4 ,tribal partnership program ,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 the ,water ,resources ,development ,act of #bjac1 the ,secretary shall issue guidance on the procedures described in clause 7i74 2 and 7#b7 in subsection 7e71 by striking #bjab and inserting #bjbc4 #bjbh4 ,cooperative agreements with ,columbia ,river ,basin ,indian tribes ,the ,secretary may enter into a cooperative agreement with #a or more federally recognized ,indian tribes 7or a designated representative of the ,indian tribes7 that are located1 in whole or in part1 within the boundaries of the ,columbia ,river ,basin to carry out authorized activities within the ,columbia ,river ,basin to protect fish1 wildlife1 water quality1 and cultural resources4 #bjbi4 ,military munitions response actions at civil works shoreline protection projects 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 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 #bjcj4 ,beach nourishment ,section #aef of the ,water ,resources ,development ,act of #aigf 7#db ,u4,s4,c4 #aifb;d-#e;f7 is amended to read as follows3 #aef4 ,beach nourishment 7a7 ,in general ,the ,secretary of the ,army1 acting through the ,chief of ,engineers1 may provide periodic beach nourishment for each water resources development project for which that nourishment has been authorized for an additional period of time1 as determined by the ,secretary1 subject to the condition that the additional period shall not exceed the later of-- 7#a7 #ej years after the date on which the construction of the project is initiated2 or 7#b7 the date on which the last estimated periodic nourishment for the project is to be carried out1 as recommended in the applicable report of the ,chief of ,engineers4 7b7 ,extension ,before the end of the #ej-year period referred to in subsection 7a77#a71 the ,secretary of the ,army1 acting through the ,chief of ,engineers-- 7#a7 may1 at the request of the non-,federal interest and subject to the availability of appropriations1 carry out a review of a nourishment project carried out under subsection 7a7 to evaluate the feasibility of continuing ,federal participation in the project for a period not to exceed #ae years2 and 7#b7 shall submit to ,congress any recommendations of the ,secretary relating to the review4 4 #bjca4 ,regional sediment management ,section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7 7as amended by section #bjjc7;c77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting or used in after obtained through2 and 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 7#b7 in subsection 7c77#a77;,b7-- 7,a7 in clause 7i71 by striking clause 7ii7 and inserting clauses 7ii7 and 7iii72 7,b7 by redesignating clause 7ii7 as clause 7iii72 and 7,c7 by inserting after clause 7i7 the following3 7ii7 ,reduction in non-,federal share ,the ,secretary may reduce the non-,federal share of the costs of construction of a project if the ,secretary determines that1 through the beneficial use of sediment at another ,federal project1 there will be an associated reduction or avoidance of ,federal costs4 2 7#c7 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#d7 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 #bjcb4 ,study acceleration 7a7 ,findings ,congress finds that-- 7#a7 delays in the completion of feasibility studies-- 7,a7 increase costs for the ,federal ,government as well as ,state and local governments2 and 7,b7 delay the implementation of water resources projects that provide critical benefits1 including reducing flood risk1 maintaining commercially important flood risk1 and restoring vital ecosystems2 and 7#b7 the efforts undertaken by the ,corps of ,engineers through the establishment of the #c-c-c planning process should be continued4 7b7 ,acceleration of ,studies 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 a feasibility study initiated after the date of enactment of this ,act shall-- 7,a7 be completed not later than #c years after the date of initiation of the study2 and 7,b7 have a maximum ,federal cost share of #c1jjj1jjj4 7#b7 ,ability to comply ,on initiating a feasibility study under paragraph 7#a71 the ,secretary shall-- 7,a7 certify that the study will comply with the requirements of paragraph 7#a72 7,b7 for projects the ,secretary determines to be too complex to comply with the requirements of paragraph 7#a7-- 7i7 not less than #cj days after making a determination1 notify the non-,federal interest regarding the inability to comply2 and 7ii7 provide a new projected timeline and cost2 and 7,c7 if the study conditions have changed such that scheduled timelines or study costs will not be met-- 7i7 not later than #cj days after the study conditions change1 notify the non-,federal interest of those changed conditions2 and 7ii7 present the non-,federal interest with a new timeline for completion and new projected study costs4 7#c7 ,appropriations 7,a7 ,in general ,all timeline and cost conditions under this section shall be subject to the ,secretary receiving adequate appropriations for meeting study timeline and cost requirements4 7,b7 ,notification ,not later than #fj days after receiving appropriations1 the ,secretary shall notify the non-,federal interest of any changes to timelines or costs due to inadequate appropriations4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act 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-- 7#a7 the status of the implementation of the #c-c-c planning process1 including the number of participating projects2 7#b7 the amount of time taken to complete all studies participating in the #c-c-c planning process2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects4 #bjcc4 ,project acceleration ,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 water resources projects 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 water resources project4 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 water resources project under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,lead agency ,the term lead agency means the ,corps of ,engineers and1 if applicable1 any ,state1 local1 or tribal governmental entity serving as a joint lead agency pursuant to this section4 7b7 ,policy ,the benefits of water resources projects are important to the economy and environment of the ,united ,states1 and recommendations to ,congress regarding those projects should be accelerated by coordinated and efficient review and cooperative efforts to prevent or quickly resolve disputes during the development and implementation of those water resources projects4 7c7 ,applicability 7#a7 ,in general ,the project development procedures under this section apply to the development of projects initiated after the date of enactment of the ,water ,resources ,development ,act of #bjac and for which the ,secretary determines that-- 7,a7 an environmental impact statement is required2 or 7,b7 at the discretion of the ,secretary1 other water resources projects for which an environmental review process document is required to be prepared4 7#b7 ,flexibility ,any authorities granted in this section may be exercised1 and any requirements established under this section may be satisfied1 for the development of a water resources project1 a class of those projects1 or a program of those projects4 7#c7 ,list of water resources development projects 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 planning activities for the water resources project4 7,b7 ,inclusions ,the ,secretary shall include for each study on the list under subparagraph 7,a7 a description of the estimated amounts necessary to make substantial progress on the study4 7#d7 ,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 water resources project1 guidance documents that describe the processes that the ,secretary will use to implement this section1 in accordance with the civil works program of the ,corps of ,engineers and all applicable law4 7d7 ,water resources project review process ,the ,secretary shall develop and implement a coordinated review process for the development of water resources projects4 7e7 ,identification of jurisdictional agencies ,with respect to the development of each water resources project1 the ,secretary shall identify1 as soon as practicable1 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 or opinion for the project2 or 7#c7 be required to make a determination on issuing a permit1 license1 or approval for the project4 7f7 ,state authority ,if the coordinated review process is being implemented under this section by the ,secretary with respect to the development of a water resources project described in subsection 7c7 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 or opinion for the project2 or 7#c7 are required to make a determination on issuing a permit1 license1 or approval for the project4 7g7 ,lead agencies 7#a7 ,federal lead agency ,subject to paragraph 7#b71 the ,corps of ,engineers shall be the lead ,federal agency in the environmental review process for a water resources project4 7#b7 ,joint lead agencies 7,a7 ,in general ,at the discretion of the ,secretary and subject to any applicable regulations under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 an agency other than the ,corps of ,engineers may serve as the joint lead agency4 7,b7 ,non-,federal interest as joint lead agency ,a non-,federal interest that is a ,state or local governmental entity-- 7i7 may serve as a joint lead agency with the ,corps of ,engineers for purposes of preparing any environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 may prepare any environmental review process document required in support of any action or approval by the ,secretary if-- 7,i7 the ,corps of ,engineers provides guidance in the preparation process and independently evaluates that document2 and 7,,ii7 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#c7 ,duties ,the ,secretary shall ensure that-- 7,a7 the non-,federal interest complies with all design and mitigation commitments made jointly by the ,secretary and the non-,federal interest in any environmental document prepared by the non-,federal interest in accordance with this subsection2 and 7,b7 any environmental document prepared by the non-,federal interest is appropriately supplemented if changes to the water resources project become necessary4 7#d7 ,adoption and use of documents ,any environmental document prepared in accordance with this subsection may be adopted or used by any ,federal agency making any approval to the same extent that the ,federal agency could adopt or use a document prepared by another ,federal agency4 7#e7 ,roles and responsibility of lead agency ,with respect to the environmental review process for any water resources project1 the lead agency shall have authority and responsibility-- 7,a7 to take such actions as are necessary and proper and within the authority and responsibility of the lead agency to facilitate the expeditious resolution of the environmental review process for the water resources project2 and 7,b7 to prepare or ensure that any required environmental impact statement or other environmental review document for a water resources project required to be completed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is completed in accordance with this section and applicable ,federal law4 7h7 ,participating agencies 7#a7 ,invitation 7,a7 ,in general ,the lead agency shall identify1 as early as practicable in the environmental review process for a water resources project1 any other ,federal or non-,federal agencies that may have an interest in that project and invite those agencies to become participating agencies in the environmental review process for the water resources project4 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 lead agency for good cause4 7#b7 ,federal participating agencies ,any ,federal agency that is invited by the lead agency to participate in the environmental review process for a water resources project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency1 in writing1 by the deadline specified in the invitation that the invited agency-- 7,a7 has no jurisdiction or authority with respect to the water resources project2 7,b7 has no expertise or information relevant to the water resources project2 7,c7 does not intend to submit comments on the water resources project2 and 7,d7 does not have adequate funds to participate in the water resources project4 7#c7 ,effect of designation ,designation as a participating agency under this subsection shall not imply that the participating agency-- 7,a7 supports a proposed water resources project2 or 7,b7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the water resources project4 7#d7 ,concurrent reviews ,each participating 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 impair the ability of the ,federal agency to conduct needed analysis or otherwise carry 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 7i7 ,programmatic compliance 7#a7 ,in general ,the ,secretary shall issue guidance to allow for 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 agencies1 including the creation of a list of all data that is needed to carry out an environmental review process2 and 7,d7 is consistent with-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 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 ,federal and ,state 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 ,federal agencies1 ,state 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 or tribal agencies1 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 ,federal and ,state 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 7j7 ,coordinated reviews 7#a7 ,coordination plan 7,a7 ,establishment 7i7 ,in general ,the lead agency shall establish a plan for coordinating public and agency participation in1 and comment on1 the environmental review process for a water resources project or a category of water resources projects4 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 ,comment deadlines ,the lead agency shall establish the following deadlines for comment during the environmental review process for a project3 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 lead agency1 the non-,federal interest1 as applicable1 and all participating agencies2 or 7ii7 the deadline is extended by the lead agency for good cause4 7,b7 ,other environmental review processes ,for all comment periods established by the lead agency for agency or public comments in the environmental review process other than for a draft environmental impact statement1 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 lead agency1 the non-,federal interest1 and all participating agencies2 or 7ii7 the deadline is extended by the 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 project1 including the issuance or denial of a permit or license1 is required to be made by the date described in subsection 7k77#f77;,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 period1 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 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 shall reduce any time period provided for public comment in the environmental review process under existing ,federal law 7including regulations74 7k7 ,issue identification and resolution 7#a7 ,cooperation ,the lead agency and the participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project under applicable laws4 7#b7 ,lead agency responsibilities 7,a7 ,in general ,the lead agency shall make information available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under 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 ,participating agency responsibilities ,based on information received from the lead agency1 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 project4 7#d7 ,interim decision on achieving accelerated decisionmaking 7,a7 ,in general ,not later than #cj days after the close of the public comment period on a draft environmental impact statement1 the ,secretary may convene a meeting with the non-,federal interest or joint lead agency1 as applicable1 relevant resource agencies1 and relevant ,federal and ,state agencies to establish a schedule of deadlines to complete decisions regarding the project4 7,b7 ,deadlines 7i7 ,in general ,the deadlines referred to in subparagraph 7,a7 shall be those established by the ,secretary1 in consultation with the non-,federal interest or joint lead agency1 as applicable1 and other relevant ,federal and ,state agencies4 7ii7 ,factors for consideration ,in establishing a schedule1 the ,secretary shall consider factors such as-- 7,i7 the responsibilities of participating agencies under applicable laws2 7,,ii7 the resources available to the non-,federal interest1 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 under clause 7i7 for good cause2 and 7,,ii7 shorten a schedule only with concurrence of the affected non-,federal interest1 joint agency1 or relevant ,federal and ,state agencies1 as applicable4 7,c7 ,failure to meet deadline ,if the agencies described in subparagraph 7,a7 cannot provide reasonable assurances that the deadlines described in subparagraph 7,b7 will be met1 the ,secretary may initiate the issue resolution and referral process described under paragraph 7#e7 before the completion of the record of decision4 7#e7 ,accelerated issue resolution and referral 7,a7 ,agency issue resolution meeting 7i7 ,in general ,a participating agency or non-,federal interest may request an issue resolution meeting to be conducted by the ,secretary4 7ii7 ,action by ,secretary ,the ,secretary shall convene an issue resolution meeting under clause 7i7 with the relevant participating agencies and the non-,federal interest1 as applicable1 to resolve issues that could-- 7,i7 delay completion of the environmental review process2 or 7,,ii7 result in denial of any approvals required for the project under applicable laws4 7iii7 ,date ,a meeting requested under this subparagraph 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 7iv7 ,notification ,on receipt of a request for a meeting under this subparagraph1 the ,secretary shall notify all relevant participating agencies of the request1 including the issue to be resolved and the date for the meeting4 7v7 ,disputes ,if a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time1 but the ,secretary disagrees1 the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution4 7vi7 ,convention by lead agency ,the ,secretary may convene an issue resolution meeting under this subsection at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under clause 7i74 7vii7 ,exception 7,i7 ,in general ,the issue resolution and referral process under this subparagraph shall not be initiated if the applicable agency-- 7aa7 certifies that-- 7,,aa7 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,,bb7 significant new information 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,,cc7 the agency lacks the financial resources to complete the review under the scheduled timeframe1 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 there is not enough funding available to complete the review by the deadline2 and 7bb7 establishes a new deadline for completion of the review4 7,,ii7 ,inspector ,general ,if the applicable agency makes a certification under subclause 7,i77aa77,,cc71 the ,inspector ,general of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within #ij days 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 ,elevation of issue resolution 7i7 ,in general ,if issue resolution is not achieved by not later than #cj days after the date on which a relevant meeting is held under subparagraph 7,a71 the ,secretary shall notify the heads of the relevant participating agencies and the non-,federal interest that an issue resolution meeting will be convened4 7ii7 ,requirements ,the ,secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than #cj days after the date on which the notice is issued4 7,c7 ,referral of issue resolution 7i7 ,referral to council on environmental quality 7,i7 ,in general ,if a resolution is not achieved by not later than #cj days after the date on which an issue resolution meeting is held under subparagraph 7,b71 the ,secretary shall refer the matter to the ,council on ,environmental ,quality4 7,,ii7 ,meeting ,not later than #cj days after the date on which the ,council on ,environmental ,quality receives a referral from the ,secretary under subclause 7,i71 the ,council on ,environmental ,quality shall hold an issue resolution meeting with the lead agency1 the heads of relevant participating agencies and the non-,federal interest4 7ii7 ,referral to the president ,if a resolution of the issue is not achieved by not later than #cj days after the date on which an issue resolution meeting is convened by the ,council on ,environmental ,quality under clause 7i77,,ii71 the ,secretary shall refer the matter directly to the ,president4 7#f7 ,financial penalty provisions 7,a7 ,in general ,a ,federal agency with jurisdiction over an approval required for a project under applicable ,federal laws 7including regulations7 shall complete any required approval on an expeditious basis using the shortest existing applicable process4 7,b7 ,failure to decide 7i7 ,in general ,if an agency described in subparagraph 7,a7 fails to render a decision under any ,federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment1 including the issuance or denial of a permit1 license1 or other approval by the date described in clause 7ii71 an amount of funding equal to the amounts specified in subclause 7,i7 or 7,,ii7 shall be transferred from the applicable office of the head of the agency1 or equivalent office to which the authority for rendering the decision has been delegated by law to the agency or division charged with rendering a decision regarding the application by not later than #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 requiring the preparation of an environmental assessment or environmental impact statement2 or 7,,ii7 #aj1jjj for any project 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 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 7,d7 ,no fault of agency ,a transfer of funds under this paragraph shall not be made if-- 7i7 the applicable agency described in subparagraph 7,a7 certifies 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 information 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 timeframe1 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 there is not enough funding available to complete the review by the deadline2 and 7ii7 if the applicable agency makes a certification under clause 7i77,,iii71 the ,inspector ,general of the applicable agency shall conduct a financial audit to review that certification and submit a report on that certification within #ij days to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 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 ,audits ,in any fiscal year in which any funds are transferred from a ,federal agency pursuant to this paragraph1 the ,inspector ,general of that agency shall-- 7i7 conduct an audit to assess compliance with the requirements of this paragraph2 and 7ii7 not later than #abj days after the end of the fiscal year in which the transfer occurred1 submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the reasons why the transfers were levied1 including allocations of resources4 7,g7 ,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 7l7 ,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 7m7 ,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 water resources 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 water resources 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 non-,federal interests of studies or other information foreseeably required for later ,federal action and early consultation with appropriate ,state and local agencies and ,indian tribes4 7#b7 ,technical assistance ,if requested at any time by a ,state or non-,federal interest1 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 non-,federal interest in carrying out early coordination activities4 7#c7 ,memorandum of agency agreement ,if requested at any time by a ,state or non-,federal interest1 the lead agency1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the non-,federal interest1 ,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 7n7 ,limitations ,nothing in this section preempts1 supersedes1 amends1 modifies1 or interferes with-- 7#a7 any statutory requirement for seeking public comment2 7#b7 any power1 jurisdiction1 or authority that a ,federal1 ,state1 or local government agency1 ,indian tribe1 or non-,federal interest has with respect to carrying out a water resources project2 7#c7 any obligation to comply with the provisions of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the regulations issued by the ,council on ,environmental ,quality to carry out that ,act or any other ,federal environmental law2 7#d7 the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state2 7#e7 any practice of seeking1 considering1 or responding to public comment2 or 7#f7 any power1 jurisdiction1 responsibility1 or authority that a ,federal1 ,state1 or local governmental agency1 ,indian tribe1 or non-,federal interest has with respect to carrying out a water resources project or any other provision of law applicable to water resources development projects4 7o7 ,categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall-- 7,a7 survey the use by the ,corps of ,engineers of categorical exclusions in water resources projects since #bjje2 7,b7 publish a review of the survey that includes a description of-- 7i7 the types of actions categorically excluded2 and 7ii7 any requests previously received by the ,secretary for new categorical exclusions2 and 7,c7 solicit requests from other ,federal agencies and non-,federal interests for new categorical exclusions4 7#b7 ,new categorical exclusions ,not later than #a year after the date of enactment of this subsection1 if the ,secretary has identified a categorical exclusion that did not exist on the day before the date of enactment of this subsection based on the review under paragraph 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 7p7 ,review of water resources 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 after the date of enactment of this subsection1 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes the results of the assessment4 7#b7 ,inspector ,general report ,the ,inspector ,general of the ,corps of ,engineers shall-- 7,a7 assess the reforms carried out under this section2 and 7,b7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate-- 7i7 not later than #b years after the date of enactment of this subsection1 an initial report of the findings of the ,inspector ,general2 and 7ii7 not later than #d years after the date of enactment of this subsection1 a final report of the findings4 4 #bjcd4 ,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 section1 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 ,act1 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 #bjce4 ,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 #bjcf4 ,determination of project completion 7a7 ,in general ,the ,secretary shall transfer to the non-,federal interest the responsibility for the operation and maintenance of any water resources project for which operation and maintenance is required of the non-,federal interest or separable element or functional portion of that water resources project on such date that the ,secretary determines that the project is complete4 7b7 ,non-,federal interest appeal of determination 7#a7 ,in general ,not later than #g days after receiving a notification under subparagraph 7a71 the non-,federal interest may appeal the completion determination of the ,secretary in writing4 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 determine whether the applicable water resources project or separable element or functional portion of the water resources 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 #bjcg4 ,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 a review of the process for preparing1 negotiating1 and approving ,project ,partnership ,agreements1 as in effect on the day before the date of enactment of this ,act2 7#b7 an evaluation of how the concerns of a non-,federal interest relating to the ,project ,partnership ,agreement and suggestions for modifications to the ,project ,partnership ,agreement made by a non-,federal interest are accommodated2 7#c7 recommendations for how the concerns and modifications described in paragraph 7#b7 can be better accommodated2 7#d7 recommendations for how the ,project ,partnership ,agreement template can be made more efficient2 and 7#e7 recommendations for how to make the process for preparing1 negotiating1 and approving ,project ,partnership ,agreements more efficient4 7b7 ,report ,the ,secretary shall submit a report describing the findings of the ,national ,academy of ,public ,administration to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #bjch4 ,interagency and international support authority ,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 sentence-- 7i7 by striking ,there is and inserting 7#a7 ,in general4--,there is2 and 7ii7 by striking #bjjh and inserting #bjad2 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 agencies and inserting ,federal departments or agencies1 nongovernmental organizations4 #bjci4 ,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 ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that evaluates the cost-savings resulting from reduced lock hours and any economic impacts of modifying lock operations4 7#b7 ,review of pilot program ,not later than ,september #cj1 #bjag and each year thereafter1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes the effectiveness of the pilot program under this 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 #bjdj4 ,emergency response to natural disasters 7a7 ,in general ,section #e7;a77#a7 of the ,act entitled ,an ,act authorizing the construction of certain public works on rivers and harbors for flood control1 and for other purposes1 approved ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7a77#a771 is amended in the first sentence 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 deficiencies4 7b7 ,report 7#a7 ,in general ,not later than #a year 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 entitled ,an ,act authorizing the construction of certain public works on rivers and harbors for flood control1 and for other purposes1 approved ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan74 7#b7 ,inclusions ,a report under paragraph 7#a7 shall1 at a minimum1 include a description of-- 7,a7 each project for which amounts are expended1 including the type of project and cost of the project2 and 7,b7 how the ,secretary has restored or intends to restore the project to the design level of protection for the project4 #bjda4 ,systemwide improvement frameworks ,a levee system shall remain eligible for rehabilitation assistance under the authority provided by section #e of the ,act entitled ,an ,act authorizing the construction of certain public works on rivers and harbors for flood control1 and for other purposes 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 #bjdb4 ,funding to process permits ,section #bad of the ,water ,resources ,development ,act of #bjjj 7,public ,law #ajf-eda2 #cc ,u4,s4,c4 #bbja note7 is amended 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 #bjdc4 ,national riverbank stabilization and erosion prevention study and pilot program 7a7 ,definition of inland and intracoastal waterway ,in this section1 the term inland and intracoastal waterway means the inland and intracoastal waterways of the ,united ,states described in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd74 7b7 ,pilot program ,the ,secretary-- 7#a7 is authorized to study issues relating to riverbank stabilization and erosion prevention along inland and intracoastal waterways2 and 7#b7 shall establish and carry out for a period of #e fiscal years a national riverbank stabilization and erosion prevention pilot program to address riverbank erosion along inland and intracoastal waterways4 7c7 ,study 7#a7 ,in general ,the ,secretary1 in consultation with appropriate ,federal1 ,state1 local1 and nongovernmental entities1 shall carry out a study of the options and technologies available to prevent the erosion and degradation of riverbanks along inland and intracoastal waterways4 7#b7 ,contents ,the study shall-- 7,a7 evaluate the nature and extent of the damages resulting from riverbank erosion along inland and intracoastal waterways throughout the ,united ,states2 7,b7 identify specific inland and intracoastal waterways and affected wetland areas with the most urgent need for restoration2 7,c7 analyze any legal requirements with regard to maintenance of bank lines of inland and intracoastal waterways1 including a comparison of ,federal1 ,state1 and private obligations and practices2 7,d7 assess and compare policies and management practices to protect surface areas adjacent to inland and intracoastal waterways applied by various ,districts of the ,corps of ,engineers2 and 7,e7 make any recommendations the ,secretary determines to be appropriate4 7d7 ,riverbank stabilization and erosion prevention pilot program 7#a7 ,in general ,the ,secretary shall develop a pilot program for the construction of riverbank stabilization and erosion prevention projects on public land along inland and intracoastal waterways if the ,secretary determines that the projects are feasible and lower maintenance costs of those inland and intracoastal waterways4 7#b7 ,pilot program goals ,a project under the pilot program shall1 to the maximum extent practicable-- 7,a7 develop or demonstrate innovative technologies2 7,b7 implement efficient designs to prevent erosion at a riverbank site1 taking into account the lifecycle cost of the design1 including cleanup1 maintenance1 and amortization2 7,c7 prioritize natural designs1 including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the riverbank2 7,d7 avoid negative impacts to adjacent communities2 7,e7 identify the potential for long-term protection afforded by the innovative technology2 and 7,f7 provide additional benefits1 including reduction of flood risk4 7#c7 ,project ,selections ,the ,secretary shall develop criteria for the selection of projects under the pilot program1 including criteria 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 or private 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 7#d7 ,consultation ,the ,secretary shall carry out the pilot program in consultation with-- 7,a7 ,federal1 ,state1 and local governments2 7,b7 nongovernmental organizations2 and 7,c7 applicable university research facilities4 7#e7 ,report ,not later than #a year after the first fiscal year for which amounts to carry out this section are appropriated1 and every year thereafter1 the ,secretary shall prepare and submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing-- 7,a7 the activities carried out and accomplishments made under the pilot program since the previous report under this paragraph2 and 7,b7 any recommendations of the ,secretary relating to the program4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each of fiscal years #bjad through #bjai4 #bjdd4 ,hurricane and storm damage risk reduction prioritization 7a7 ,purposes ,the purposes of this section are-- 7#a7 to provide adequate levels of protection to communities impacted by natural disasters1 including hurricanes1 tropical storms1 and other related extreme weather events2 and 7#b7 to expedite critical water resources projects in communities that have historically been and continue to remain susceptible to extreme weather events4 7b7 ,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 7c7 ,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-- 7,a7 ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost share agreements and have received ,federal funds since #bjji2 and 7,b7 authorized hurricane and storm damage reduction projects that-- 7i7 have been authorized for more than #bj years but are less than #ge percent complete2 or 7ii7 are undergoing a post-authorization change report1 general reevaluation report1 or limited reevaluation report2 7#b7 identify those projects on the list required under paragraph 7#a7 that meet the criteria described in subsection 7b72 and 7#c7 provide a plan for expeditiously completing the projects identified under paragraph 7#b71 subject to available funding4 7d7 ,prioritization of new studies for hurricane and storm damage risk reduction ,in selecting new studies for hurricane and storm damage reduction to propose to ,congress under section #djjb1 the ,secretary shall give priority to studies-- 7#a7 that-- 7,a7 have been recommended in a comprehensive hurricane protection study carried out by the ,corps of ,engineers2 or 7,b7 are included in a ,state plan or program for hurricane1 storm damage reduction1 flood control1 coastal protection1 conservation1 or restoration1 that is created in consultation with the ,corps of ,engineers or other relevant ,federal agencies2 and 7#b7 for areas 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 #bjde4 ,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 preserve1 establish1 or restore habitats of national significance2 and 7,c7 preserve 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 #bjdf4 ,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 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 ,funding transfer authority 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 transfer funds appropriated for resource protection1 research1 interpretation1 and maintenance activities related to resource protection in the areas at which outdoor recreation is available at those ,corps of ,engineers water resource development projects to ,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 transfer 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-- 7#a7 in the first sentence1 by inserting 1 including expenses relating to uniforms1 transportation1 lodging1 and the subsistence of those volunteers1 without regard to the place of residence of the volunteers1 after incidental expenses2 and 7#b7 by inserting after the first sentence the following3 ,the ,chief of ,engineers may also provide awards of up to #ajj in value to volunteers in recognition of the services of the volunteers44 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 #bjdg4 ,operations and maintenance on fuel taxed inland waterways 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall have responsibility for #fe percent of the costs of the operation1 maintenance1 repair1 rehabilitation1 and replacement 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 this ,act 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 7b7 ,payment options ,for rehabilitation or replacement of any structure under this section1 the ,secretary may apply to the full non-,federal contribution the payment option provisions under section #ajc7k7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7k774 #bjdh4 ,corrosion prevention 7a7 ,guidance and procedures ,the ,secretary shall develop guidance and procedures for the certification of qualified contractors for-- 7#a7 the application of protective coatings2 and 7#b7 the removal of hazardous protective coatings4 7b7 ,requirements ,except as provided in subsection 7c71 the ,secretary shall use certified contractors for-- 7#a7 the application of protective coatings for complex work involving steel and cementitious structures1 including structures that will be exposed in immersion2 7#b7 the removal of hazardous coatings or other hazardous materials that are present in sufficient concentrations to create an occupational or environmental hazard2 and 7#c7 any other activities the ,secretary determines to be appropriate4 7c7 ,exception ,the ,secretary may approve exceptions to the use of certified contractors under subsection 7b7 only after public notice1 with the opportunity for comment1 of any such proposal4 #bjdi4 ,project deauthorizations ,section #ajja7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a7b77 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,list of projects 7,a7 ,in general ,notwithstanding section #cjjc of ,public ,law #ajd-ff 7#ca ,u4,s4,c4 #aaac note2 #aji ,stat4 #gcd71 each year1 after the submission of the list under paragraph 7#a71 the ,secretary shall submit to ,congress a list of projects or separable elements of projects that have been authorized but that have received no obligations during the #e full fiscal years preceding the submission of that list4 7,b7 ,additional notification ,on submission of the list under subparagraph 7,a7 to ,congress1 the ,secretary shall notify-- 7i7 each ,senator in whose ,state and each ,member of the ,house of ,representatives in whose district a project 7including any part of a project7 on that list would be located2 and 7ii7 each applicable non-,federal interest associated with a project 7including any part of a project7 on that list4 7,c7 ,deauthorization ,a project or separable element included in the list under subparagraph 7,a7 is not authorized after the last date of the fiscal year following the fiscal year in which the list is submitted to ,congress1 if funding has not been obligated for the planning1 design1 or construction of the project or element of the project during that period4 2 and 7#b7 by adding at the end the following3 7#c7 ,minimum funding list ,at the end of each fiscal year1 the ,secretary shall submit to ,congress a list of-- 7,a7 projects or separable elements of projects authorized for construction for which funding has been obligated in the #e previous fiscal years2 7,b7 the amount of funding obligated per fiscal year2 7,c7 the current phase of each project or separable element of a project2 and 7,d7 the amount required to complete those phases4 7#d7 ,report 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjac1 the ,secretary shall compile and publish a complete list of all uncompleted1 authorized projects of the ,corps of ,engineers1 including for each project on that list-- 7i7 the original budget authority for the project2 7ii7 the status of the project2 7iii7 the estimated date of completion of the project2 7iv7 the estimated cost of completion of the project2 and 7v7 any amounts for the project that remain unobligated4 7,b7 ,publication 7i7 ,in general ,the ,secretary shall submit a copy of the list under subparagraph 7,a7 to-- 7,i7 the appropriate committees of ,congress2 and 7,,ii7 the ,director of the ,office of ,management and ,budget4 7ii7 ,public availability ,not later than #cj days after providing the report to ,congress under clause 7i71 the ,secretary shall make a copy of the list available on a publicly accessible ,internet site1 in a manner that is downloadable1 searchable1 and sortable4 4 #bjej4 ,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 section #bjbj2 7#b7 section #bjbb2 7#c7 section #bjbe2 7#d7 section #bjbf2 7#e7 section #bjci2 7#f7 section #bjdj2 7#g7 section #fjjg2 and 7#h7 section #ajjae4 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 ,office of the ,assistant ,secretary of the ,army for ,civil ,works into the account of the division of the ,secretary of the ,army with responsibility for completing that 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 ,office of the ,assistant ,secretary of the ,army for ,civil ,works into the account of the division of the ,secretary of the ,army with responsibility for completing that 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 reimburse the ,office of the ,assistant ,secretary of the ,army for ,civil ,works for the loss of the funds4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj4 ,,iii ,project modifications #cjja4 ,purpose ,the purpose of this title is to modify existing water resource project authorizations1 subject to the condition that the modifications do not affect authorized costs4 #cjjb4 ,chatfield ,reservoir1 ,colorado ,section #aaf of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjji 7#abc ,stat4 #fjh71 is amended in the matter preceding the proviso by inserting 7or a designee of the ,department7 after ,colorado ,department of ,natural ,resources4 #cjjc4 ,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 #cjjd4 ,hurricane and storm damage reduction study ,with respect to the study for flood and storm damage reduction related to natural disasters to by carried out by the ,secretary and authorized under the heading ,investigations under title ,,ii of division ,a of ,public ,law #aac-b1 the ,secretary shall include1 to the maximum extent practicable1 specific project recommendations in the report developed for that study4 #cjje4 ,lower ,yellowstone ,project1 ,montana ,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 #cjjf4 ,project deauthorizations 7a7 ,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 7b7 ,lower ,thoroughfare1 ,deal ,island1 ,maryland ,beginning on the date of enactment of this ,act1 the ,secretary is no longer authorized to carry out the portion of the project for navigation1 ,lower ,thoroughfare1 ,maryland1 authorized by the ,act of ,june #be1 #aiaj 7#cf ,stat4 #fcj1 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 #afadeff4gf4 7c7 ,thomaston ,harbor1 ,georges ,river1 ,maine ,beginning on the date of enactment of this ,act1 the ,secretary is no longer authorized to carry out 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#cba1ajf4df4 7d7 ,warwick ,cove1 ,rhode ,island ,beginning on the date of enactment of this ,act1 the ,secretary is no longer authorized to carry out the portion of the project for navigation1 ,warwick ,cove1 ,rhode ,island1 authorized by section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg7 that is located within the #e acre anchorage area east of the channel and lying east of the line beginning at a point with coordinates ,n#bbj1cdi4gi1 ,e#ceg1ffd4ij thence running north #i degrees #aj minutes #ba4e seconds west #agj4ch feet to a point ,n#bbj1eag4ii1 ,e#ceg1fcg4gd thence running north #ag degrees #dd minutes #cj4d seconds west #afe4ih feet to a point ,n#bbj1fgf4jh1 ,e#ceg1ehg4af thence running north #j degrees #df minutes #j4i seconds east #ach4if feet to a point ,n#bbj1hae4jc1 ,e#ceg1ehi4jb thence running north #h degrees #cf minutes #bb4i seconds east #aja4eg feet to a point ,n#bbj1iae4df1 ,e#ceg1fjd4bb thence running north #ah degrees #ah minutes #bg4c seconds east #afh4bj feet to a point ,n#bba1jge4ad1 ,e#ceg1feg4je thence running north #cd degrees #db minutes #g4b seconds east #ajf4d feet to a point ,n#bba1afb4fb1 ,e#ceg1gag4fc thence running south #bi degrees #ad minutes #ag4d seconds east #bf4gi feet to a point ,n#bba1aci4bd1 ,e#ceg1gcj4ga thence running south #cj degrees #de minutes #cj4e seconds west #bcj4df feet to a point ,n#bbj1ida4bj1 ,e#ceg1fab4he thence running south #aj degrees #di minutes #ab4j seconds west #ie4df feet to a point ,n#bbj1hdg4dd1 ,e#ceg1eid4ic thence running south #i degrees #ac minutes #dd4e seconds east #dia4fh feet to a point ,n#bbj1cfb4ab1 ,e#ceg1fgc4gi thence running south #ce degrees #dg minutes #ai4d seconds west #ae4bj feet to the point of origin4 #cjjg4 ,raritan ,river ,basin1 ,green ,brook ,sub-basin1 ,new ,jersey ,title ,i of the ,energy and ,water ,development ,appropriations ,act1 #aiih 7,public ,law #aje-fb2 #aaa ,stat4 #acbg7 is amended by striking section #ajb4 #cjjh4 ,red ,river ,basin1 ,oklahoma1 ,texas1 ,arkansas1 ,louisiana 7a7 ,in general ,the ,secretary is authorized to reassign unused irrigation storage within a reservoir on the ,red ,river ,basin to municipal and industrial water supply for use by a non-,federal interest if that non-,federal interest has already contracted for a share of municipal and industrial water supply on the same reservoir4 7b7 ,non-,federal interest ,a reassignment of storage under subsection 7a7 shall be contingent upon the execution of an agreement between the ,secretary and the applicable non-,federal interest4 ,,iv ,water resource studies #djja4 ,purpose ,the purpose of this title is to direct the ,corps of ,engineers to study and recommend solutions for water resource issues relating to flood risk and storm damage reduction1 navigation1 and ecosystem restoration4 #djjb4 ,initiation of new water resources studies 7a7 ,in general ,subject to subsections 7b71 7c71 and 7d71 the ,secretary may initiate a study-- 7#a7 to determine the feasibility of carrying out #a or more projects for flood risk management1 storm damage reduction1 ecosystem restoration1 navigation1 hydropower1 or related purposes2 or 7#b7 to carry out watershed and river basin assessments in accordance with section #gbi of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfg;a74 7b7 ,criteria ,the ,secretary may only initiate a study under subsection 7a7 if-- 7#a7 the study-- 7,a7 has been requested by an eligible non-,federal interest2 7,b7 is for an area that is likely to include a project with a ,federal interest2 and 7,c7 addresses a high-priority water resource issue necessary for the protection of human life and property1 the environment1 or the national security interests of the ,united ,states2 and 7#b7 the non-,federal interest has demonstrated-- 7,a7 that local support exists for addressing the water resource issue2 and 7,b7 the financial ability to provide the required non-,federal cost-share4 7c7 ,congressional approval 7#a7 ,submission to congress ,prior to initiating a study under subsection 7a71 the ,secretary shall submit to the ,committees on ,environment and ,public ,works and ,appropriations of the ,senate and the ,committees on ,transportation and ,infrastructure and ,appropriations of the ,house-- 7,a7 a description of the study1 including the geographical area addressed by the study2 7,b7 a description of how the study meets each of the requirements of subsection 7b72 and 7,c7 a certification that the proposed study can be completed within #c years and for a ,federal cost of not more than #c1jjj1jjj4 7#b7 ,expenditure of funds ,no funds may be spent on a study initiated under subsection 7a7 unless-- 7,a7 the required information is submitted to ,congress under paragraph 7#a72 and 7,b7 after such submission1 amounts are appropriated to continue construction of the project in an appropriations or other ,act to initiate the study4 7#c7 ,additional notification ,the ,secretary shall notify each ,senator or ,member of ,congress with a ,state or congressional district in the study area described in paragraph 7#a77;,a74 7d7 ,limitations 7#a7 ,in general ,subsection 7a7 shall not apply to a project for which a study has been authorized prior to the date of enactment of this ,act4 7#b7 ,new studies and projects ,in each fiscal year1 the ,secretary may initiate not more than-- 7,a7 #c new studies in each of the primary areas of responsibility of the ,corps of ,engineers2 and 7,b7 #c projects from any #a division of the ,corps of ,engineers4 7e7 ,termination ,the authority under subsection 7a7 expires on the date that is #c years after the date of enactment of this ,act4 7f7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #be1jjj1jjj for each of fiscal years #bjad through #bjag4 #djjc4 ,applicability 7a7 ,in general ,nothing in this title authorizes the construction of a water resources project4 7b7 ,new authorization required ,new authorization from ,congress is required before any project evaluated in a study under this title is constructed4 ,v ,regional and nonproject provisions #ejja4 ,purpose ,the purpose of this title is to authorize regional1 multistate authorities to address water resource needs and other non-project provisions4 #ejjb4 ,northeast ,coastal ,region ecosystem restoration 7a7 ,in general ,the ,secretary shall plan1 design1 and construct projects for aquatic ecosystem restoration within the coastal waters of the ,northeastern ,united ,states from the ,state of ,virginia to the ,state of ,maine1 including associated bays1 estuaries1 and critical riverine areas4 7b7 ,general coastal management plan 7#a7 ,assessment ,the ,secretary1 in coordination with the ,administrator of the ,environmental ,protection ,agency1 the heads of other appropriate ,federal agencies1 the ,governors of the coastal ,states from ,virginia to ,maine1 nonprofit organizations1 and other interested parties1 shall assess the needs regarding1 and opportunities for1 aquatic ecosystem restoration within the coastal waters of the ,northeastern ,united ,states4 7#b7 ,plan ,the ,secretary shall develop a general coastal management plan based on the assessment carried out under paragraph 7#a71 maximizing the use of existing plans and investigation1 which plan shall include-- 7,a7 an inventory and evaluation of coastal habitats2 7,b7 identification of aquatic resources in need of improvement2 7,c7 identification and prioritization of potential aquatic habitat restoration projects2 and 7,d7 identification of geographical and ecological areas of concern1 including-- 7i7 finfish habitats2 7ii7 diadromous fisheries migratory corridors2 7iii7 shellfish habitats2 7iv7 submerged aquatic vegetation2 7v7 wetland2 and 7vi7 beach dune complexes and other similar habitats4 7c7 ,eligible projects ,the ,secretary may carry out an aquatic ecosystem restoration project under this section if the project-- 7#a7 is consistent with the management plan developed under subsection 7b72 and 7#b7 provides for-- 7,a7 the restoration of degraded aquatic habitat 7including coastal1 saltmarsh1 benthic1 and riverine habitat72 7,b7 the restoration of geographical or ecological areas of concern1 including the restoration of natural river and stream characteristics2 7,c7 the improvement of water quality2 or 7,d7 other projects or activities determined to be appropriate by the ,secretary4 7d7 ,cost sharing 7#a7 ,management plan ,the management plan developed under subsection 7b7 shall be completed at ,federal expense4 7#b7 ,restoration projects ,the non-,federal share of the cost of a project carried out under this section shall be #ce percent4 7e7 ,cost limitation ,not more than #aj1jjj1jjj in ,federal funds may be allocated under this section for an eligible project4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section 7including funds for the completion of the management plan7 #be1jjj1jjj for each of fiscal years #bjad through #bjah4 #ejjc4 ,chesapeake ,bay ,environmental ,restoration and ,protection ,program ,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 ,development ,act of #bjac1 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 7#d7 ,administration ,the ,federal share of the costs of carrying out paragraph 7#a7 shall be #ge percent4 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 #ejjd4 ,rio ,grande environmental management program1 ,colorado1 ,new ,mexico1 ,texas ,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 #bjbd4 #ejje4 ,lower ,columbia ,river and ,tillamook ,bay ecosystem restoration1 ,oregon and ,washington ,section #ecf7;g7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bffa7 is amended by striking #cj1jjj1jjj and inserting #ge1jjj1jjj4 #ejjf4 ,arkansas ,river1 ,arkansas and ,oklahoma 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 ,oklahoma1 project authorized by 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 #ejjg4 ,aquatic invasive species prevention and management2 ,columbia ,river ,basin 7a7 ,in general ,the ,secretary may establish a program to prevent and manage aquatic invasive species in the ,columbia ,river ,basin in the ,states of ,idaho1 ,montana1 ,oregon1 and ,washington4 7b7 ,watercraft inspection stations 7#a7 ,in general ,in carrying out this section1 the ,secretary shall 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 into reservoirs operated and maintained by the ,secretary4 7#b7 ,inclusions ,locations identified under paragraph 7#a7 may include-- 7,a7 ,state border crossings2 7,b7 international border crossings2 and 7,c7 highway entry points that are used by owners of watercraft to access boat launch facilities owned or managed by the ,secretary4 7#c7 ,cost-share ,the non-,federal share of the cost of operating and maintaining watercraft inspection stations described in paragraph 7#a7 7including personnel costs7 shall be #ej percent4 7#d7 ,other inspection sites ,the ,secretary may establish watercraft inspection stations using amounts made available to carry out this section in ,states other than those described in paragraph 7#a7 at or near boat launch facilities that the ,secretary determines are regularly used by watercraft to enter the ,states described in paragraph 7#a74 7c7 ,monitoring and contingency planning ,the ,secretary shall-- 7#a7 carry out risk assessments of each major public and private water resources facility in the ,columbia ,river ,basin2 7#b7 establish an aquatic invasive species monitoring program in the ,columbia ,river ,basin2 7#c7 establish a ,columbia ,river ,basin watershed-wide plan for expedited response to an infestation of aquatic invasive species2 and 7#d7 monitor water quality1 including sediment cores and fish tissue samples1 at facilities owned or managed by the ,secretary in the ,columbia ,river ,basin4 7d7 ,coordination ,in carrying out this section1 the ,secretary shall consult and coordinate with-- 7#a7 the ,states described in subsection 7a72 7#b7 ,indian tribes2 and 7#c7 other ,federal agencies1 including-- 7,a7 the ,department of ,agriculture2 7,b7 the ,department of ,energy2 7,c7 the ,department of ,homeland ,security2 7,d7 the ,department of ,commerce2 and 7,e7 the ,department of the ,interior4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #cj1jjj1jjj1 of which #e1jjj1jjj may be used to carry out subsection 7c74 #ejjh4 ,upper ,missouri ,basin flood and drought monitoring 7a7 ,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 establish a program to provide for-- 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 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aa1bej1jjj4 7c7 ,use of ,funds ,amounts made available to the ,secretary under this section shall be used to complement other related activities of ,federal agencies that are carried out within the ,missouri ,river ,basin4 7d7 ,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 to implement the recommendations contained in the report described in subsection 7a77#a7 with respect to enhancing soil moisture and snowpack monitoring in the ,upper ,missouri ,basin2 and 7#b7 includes recommendations to enhance soil moisture and snowpack monitoring in the ,upper ,missouri ,basin4 #ejji4 ,northern ,rockies headwaters extreme weather mitigation 7a7 ,in general ,subject to subsection 7b71 the ,secretary shall establish a program to mitigate the impacts of extreme weather events1 such as 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 ,montana by carrying out river1 stream1 and floodplain protection and restoration projects1 including-- 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 7b7 ,restriction ,all projects carried out using amounts made available to carry out this section shall emphasize the protection and enhancement of natural riverine processes4 7c7 ,non-,federal cost share ,the non-,federal share of the costs of carrying out a project under this section shall not exceed #ce percent of the total cost of the project4 7d7 ,coordination ,in carrying out this section1 the ,secretary-- 7#a7 shall consult and coordinate with the appropriate ,state natural resource agency in each ,state2 and 7#b7 may-- 7,a7 delegate any authority or responsibility of the ,secretary under this section to those ,state natural resource agencies2 and 7,b7 provide amounts made available to the ,secretary to carry out this section to those ,state natural resource agencies4 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 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #cj1jjj1jjj4 ,,vi ,levee safety #fjja4 ,short title ,this title may be cited as the ,national ,levee ,safety ,program ,act4 #fjjb4 ,findings2 purposes 7a7 ,findings ,congress finds that-- 7#a7 there is a need to establish a national levee safety program to provide national leadership and encourage the establishment of ,state and tribal levee safety programs2 7#b7 according to the ,national ,committee on ,levee ,safety1 the level of protection and robustness of design and construction of levees vary considerably across the country2 7#c7 knowing the location1 condition1 and ownership of levees1 as well as understanding the population and infrastructure at risk in leveed areas1 is necessary for identification and prioritization of activities associated with levees2 7#d7 levees are an important tool for reducing flood risk and should be considered in the context of broader flood risk management efforts2 7#e7 ,states and ,indian tribes-- 7,a7 are uniquely positioned to oversee1 coordinate1 and regulate local and regional levee systems2 and 7,b7 should be encouraged to participate in a national levee safety program by establishing individual levee safety programs2 and 7#f7 ,states1 ,indian tribes1 and local governments that do not invest in protecting the individuals and property located behind levees place those individuals and property at risk4 7b7 ,purposes ,the purposes of this title are-- 7#a7 to promote sound technical practices in levee design1 construction1 operation1 inspection1 assessment1 security1 and maintenance2 7#b7 to ensure effective public education and awareness of risks involving levees2 7#c7 to establish and maintain a national levee safety program that emphasizes the protection of human life and property2 and 7#d7 to implement solutions and incentives that encourage the establishment of effective ,state and tribal levee safety programs4 #fjjc4 ,definitions ,in this title3 7#a7 ,board ,the term ,board means the ,national ,levee ,safety ,advisory ,board established under section #fjje4 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 7#c7 ,federal agency ,the term ,federal agency means a ,federal agency that designs1 finances1 constructs1 owns1 operates1 maintains1 or regulates the construction1 operation1 or maintenance of a levee4 7#d7 ,flood damage reduction system ,the term flood damage reduction system means a system designed and constructed to have appreciable and dependable effects in reducing damage by floodwaters4 7#e7 ,flood mitigation ,the term flood mitigation means any structural or nonstructural measure that reduces risks of flood damage by reducing the probability of flooding1 the consequences of flooding1 or both4 7#f7 ,floodplain management ,the term floodplain management means the operation of a community program of corrective and preventative measures for reducing flood damage4 7#g7 ,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 7#h7 ,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#i7 ,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#aj7 ,levee safety guidelines ,the term levee safety guidelines means the guidelines established by the ,secretary under section #fjjd7;c77#a74 7#aa7 ,levee segment ,the term levee segment means a discrete portion of a levee system that is owned1 operated1 and maintained by a single entity or discrete set of entities4 7#ab7 ,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#ac7 ,leveed area ,the term leveed area means the land from which flood water in the adjacent watercourse is excluded by the levee system4 7#ad7 ,national levee database ,the term national levee database means the levee database established under section #ijjd of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc74 7#ae7 ,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#af7 ,rehabilitation ,the term rehabilitation means the repair1 replacement1 reconstruction1 or removal of a levee that is carried out to meet national levee safety guidelines4 7#ag7 ,risk ,the term risk means a measure of the probability and severity of undesirable consequences4 7#ah7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 7#ai7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,federated ,states of ,micronesia2 7,h7 the ,republic of the ,marshall ,islands2 7,i7 the ,republic of ,palau2 and 7,j7 the ,united ,states ,virgin ,islands4 #fjjd4 ,national levee safety program 7a7 ,establishment ,the ,secretary1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency1 shall establish a national levee safety program to provide national leadership and consistent approaches to levee safety1 including-- 7#a7 a national levee database2 7#b7 an inventory and inspection of ,federal and non-,federal levees2 7#c7 national levee safety guidelines2 7#d7 a hazard potential classification system for ,federal and non-,federal levees2 7#e7 research and development2 7#f7 a national public education and awareness program1 with an emphasis on communication regarding the residual risk to communities protected by levees and levee systems2 7#g7 coordination of levee safety1 floodplain management1 and environmental protection activities2 7#h7 development of ,state and tribal levee safety programs2 and 7#i7 the provision of technical assistance and materials to ,states and ,indian tribes relating to-- 7,a7 developing levee safety programs2 7,b7 identifying and reducing flood risks associated with residual risk to communities protected by levees and levee systems2 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 7b7 ,management 7#a7 ,in general ,the ,secretary shall appoint-- 7,a7 an administrator of the national levee safety program2 and 7,b7 such staff as is necessary to implement the program4 7#b7 ,administrator ,the sole duty of the administrator appointed under paragraph 7#a77;,a7 shall be the management of the national levee safety program4 7c7 ,levee safety guidelines 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with ,state and local 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 ,adoption by federal agencies ,all ,federal agencies shall consider the levee safety guidelines in activities relating to the management of levees4 7#d7 ,public comment ,prior to finalizing the guidelines under this subsection1 the ,secretary shall-- 7,a7 issue draft guidelines for public comment2 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 national levee safety program 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 coordination with the ,board1 shall establish a national levee safety technical assistance and training program to develop and deliver technical support and technical assistance materials1 curricula1 and training in order 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 ,use of services ,in establishing the national levee safety training program under paragraph 7#a71 the ,secretary may use the services of-- 7,a7 the ,corps of ,engineers2 7,b7 the ,federal ,emergency ,management ,agency2 7,c7 the ,bureau of ,reclamation2 and 7,d7 other appropriate ,federal agencies1 as determined by the ,secretary4 7f7 ,comprehensive national public education and awareness campaign 7#a7 ,establishment ,the ,secretary1 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency and the ,board1 shall establish a national public education and awareness campaign relating to the national levee safety program4 7#b7 ,purposes ,the purposes of the campaign under paragraph 7#a7 are-- 7,a7 to educate individuals living in leveed areas regarding the risks of living in those areas2 7,b7 to promote consistency in the transmission of information regarding levees among government agencies2 and 7,c7 to provide national leadership regarding risk communication for implementation at the ,state and local levels4 7g7 ,coordination of levee safety1 floodplain management1 and environmental concerns ,the ,secretary1 in coordination with the ,board1 shall evaluate opportunities to coordinate-- 7#a7 public safety1 floodplain management1 and environmental protection activities relating to levees2 and 7#b7 environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws4 7h7 ,levee ,inspection 7#a7 ,in general ,the ,secretary shall carry out a one-time inventory and inspection 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 any levee that is included in the inventory or inspected under this subsection4 7#c7 ,inspection criteria ,in carrying out the inventory and inspection1 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 inspection under this subsection1 the ,secretary shall-- 7,a7 allow an official of the ,state or ,indian tribe to participate in the inspection 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 inspection under this subsection1 the ,secretary shall not be required to inspect any levee that has been inspected by a ,state or ,indian tribe using the same methodology described in paragraph 7#c7 during the #a-year period immediately preceding the date of enactment of this ,act if the ,governor of the ,state or tribal government1 as applicable1 requests an exemption from the inspection4 7i7 ,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 ,act1 in coordination with the ,board1 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 national levee safety program2 7ii7 can receive funds under this title2 7iii7 has adopted any national 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 national public education and awareness campaign established under subsection 7f72 and 7vii7 will collect and share information regarding the location and condition of levees4 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 ,grant program 7,a7 ,establishment ,the ,secretary shall establish a program under which the ,secretary shall provide grants to assist ,states and ,indian tribes in establishing participating programs1 conducting levee inventories1 and carrying out this title4 7,b7 ,requirements ,to be eligible to receive grants 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 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 7j7 ,levee rehabilitation assistance program 7#a7 ,establishment ,the ,secretary shall establish a program under which the ,secretary shall provide assistance to ,states1 ,indian tribes1 and local governments in 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 and 7,d7 comply with such minimum eligibility requirements as the ,secretary1 in consultation with the ,board1 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 in 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 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 area4 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 ,act1 the ,secretary 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 ,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 7k7 ,effect of section ,nothing in this section confers any regulatory authority on-- 7#a7 the ,secretary2 or 7#b7 the ,director of the ,federal ,emergency ,management ,agency4 #fjje4 ,national levee safety advisory board 7a7 ,establishment ,the ,secretary1 in coordination with the ,administrator of the ,federal ,emergency ,management ,agency1 shall establish a board1 to be known as the ,national ,levee ,safety ,advisory ,board-- 7#a7 to advise the ,secretary and ,congress regarding consistent approaches to levee safety2 7#b7 to monitor the safety of levees in the ,united ,states2 7#c7 to assess the effectiveness of the national levee safety program2 and 7#d7 to ensure that the national levee safety program is carried out in a manner that is consistent with other ,federal flood risk management efforts4 7b7 ,membership 7#a7 ,voting members ,the ,board shall be composed of the following #ad voting members1 each of whom shall be appointed by the ,secretary1 with priority consideration given to representatives from those ,states that have the most ,corps of ,engineers levees in the ,state1 based on mileage3 7,a7 #h representatives of ,state levee safety programs1 #a from each of the civil works divisions of the ,corps of ,engineers4 7,b7 #b representatives of the private sector who have expertise in levee safety4 7,c7 #b representatives of local and regional governmental agencies who have expertise in levee safety4 7,d7 #b representatives of ,indian tribes who have expertise in levee safety4 7#b7 ,nonvoting members ,the ,secretary 7or a designee of the ,secretary71 the ,administrator of the ,federal ,emergency ,management ,agency 7or a designee of the ,administrator71 and the administrator of the national levee safety program appointed under section #fjjd7;b77#a77;,a7 shall serve as nonvoting members of the ,board4 7#c7 ,chairperson ,the voting members of the ,board shall appoint a chairperson from among the voting members of the ,board1 to serve a term of not more than #b years4 7c7 ,qualifications 7#a7 ,individuals ,each voting member of the ,board shall be knowledgeable in the field of levee safety1 including water resources and flood risk management4 7#b7 ,as a whole ,the membership of the ,board1 considered as a whole1 shall represent the diversity of skills required to advise the ,secretary regarding levee issues relating to-- 7,a7 engineering2 7,b7 public communications2 7,c7 program development and oversight2 7,d7 with respect to levees1 flood risk management and hazard mitigation2 and 7,e7 public safety and the environment4 7d7 ,terms of service 7#a7 ,in general ,a voting member of the ,board shall be appointed for a term of #c years1 except that1 of the members first appointed-- 7,a7 #e shall be appointed for a term of #a year2 7,b7 #e shall be appointed for a term of #b years2 and 7,c7 #d shall be appointed for a term of #c years4 7#b7 ,reappointment ,a voting member of the ,board may be reappointed to the ,board1 as the ,secretary determines to be appropriate4 7#c7 ,vacancies ,a vacancy on the ,board shall be filled in the same manner as the original appointment was made4 7e7 ,standing committees 7#a7 ,in general ,the ,board shall be supported by ,standing ,committees1 which shall be comprised of volunteers from all levels of government and the private sector1 to advise the ,board regarding the national levee safety program4 7#b7 ,establishment ,the ,standing ,committees of the ,board shall include-- 7,a7 the ,standing ,committee on ,participating ,programs1 which shall advise the ,board regarding-- 7i7 the development and implementation of ,state and tribal levee safety programs2 and 7ii7 appropriate incentives 7including financial assistance7 to be provided to ,states1 ,indian tribes1 and local and regional entities2 7,b7 the ,standing ,committee on ,technical ,issues1 which shall advise the ,board regarding-- 7i7 the management of the national levee database2 7ii7 the development and maintenance of levee safety guidelines2 7iii7 processes and materials for developing levee-related technical assistance and training2 and 7iv7 research and development activities relating to levee safety2 7,c7 the ,standing ,committee on ,public ,education and ,awareness1 which shall advise the ,board regarding the development1 implementation1 and evaluation of targeted public outreach programs-- 7i7 to gather public input2 7ii7 to educate and raise awareness in leveed areas of levee risks2 7iii7 to communicate information regarding participating programs2 and 7iv7 to track the effectiveness of public education efforts relating to levee risks2 7,d7 the ,standing ,committee on ,safety and ,environment1 which shall advise the ,board regarding-- 7i7 operation and maintenance activities for existing levee projects2 7ii7 opportunities to coordinate public safety1 floodplain management1 and environmental protection activities relating to levees2 7iii7 opportunities to coordinate environmental permitting processes for operation and maintenance activities at existing levee projects in compliance with all applicable laws2 and 7iv7 opportunities for collaboration by environmental protection and public safety interests in leveed areas and adjacent areas2 and 7,e7 such other standing committees as the ,secretary1 in consultation with the ,board1 determines to be necessary4 7#c7 ,membership 7,a7 ,in general ,the ,board shall recommend to the ,secretary for approval individuals for membership on the ,standing ,committees4 7,b7 ,qualifications 7i7 ,individuals ,each member of a ,standing ,committee shall be knowledgeable in the issue areas for which the ,committee is charged with advising the ,board4 7ii7 ,as a whole ,the membership of each ,standing ,committee1 considered as a whole1 shall represent1 to the maximum extent practicable1 broad geographical diversity4 7,c7 ,limitation ,each ,standing ,committee shall be comprised of not more than #aj members4 7f7 ,duties and powers ,the ,board-- 7#a7 shall submit to the ,secretary and ,congress an annual report regarding the effectiveness of the national levee safety program in accordance with section #fjjg2 and 7#b7 may secure from other ,federal agencies such services1 and enter into such contracts1 as the ,board determines to be necessary to carry out this subsection4 7g7 ,task force coordination ,the ,board shall1 to the maximum extent practicable1 coordinate the activities of the ,board with the ,federal ,interagency ,floodplain ,management ,task ,force4 7h7 ,compensation 7#a7 ,federal employees ,each member of the ,board who is an officer or employee of the ,united ,states shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the ,united ,states1 but 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 ,board4 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 ,board 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 ,board4 7#c7 ,standing committee members ,each member of a ,standing ,committee shall-- 7,a7 serve in a voluntary capacity2 but 7,b7 receive 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 ,board4 7i7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,board or the ,standing ,committees4 #fjjf4 ,inventory and inspection of levees ,section #ijjd7;a77#b77;,a7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc7;a77#b77;,a77 is amended by striking and1 for non-,federal levees1 such information on levee location as is provided to the ,secretary by ,state and local governmental agencies and inserting and updated levee information provided by ,states1 ,indian tribes1 ,federal agencies1 and other entities4 #fjjg4 ,reports 7a7 ,state of levees 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 the ,secretary in coordination with the ,board1 shall submit to ,congress a report describing the state of levees in the ,united ,states and the effectiveness of the national levee safety program1 including-- 7,a7 progress achieved in implementing the national levee safety program2 7,b7 ,state and tribal participation in the national levee safety program2 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 ,board that describes the independent recommendations of the ,board for the implementation of the national levee safety program4 7b7 ,national dam and levee safety program ,not later than #c years after the date of enactment of this ,act1 to the maximum extent practicable1 the ,secretary1 in coordination with the ,board1 shall submit to ,congress 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 ,act1 the ,comptroller ,general 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 national levee safety program 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 ,act1 the ,secretary shall submit to ,congress a report that includes recommendations that identify and address any legal liability associated with levee engineering projects that prevent-- 7#a7 levee owners from obtaining needed levee engineering services2 or 7#b7 development and implementation of a ,state or tribal levee safety program4 #fjjh4 ,effect of title ,nothing in this title-- 7#a7 establishes any liability of the ,united ,states or any officer or employee of the ,united ,states 7including the ,board and the ,standing ,committees of the ,board7 for any damages caused by any action or failure to act2 or 7#b7 relieves an owner or operator of a levee of any legal duty1 obligation1 or liability incident to the ownership or operation of the levee4 #fjji4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this title-- 7#a7 for funding the administration and staff of the national levee safety program1 the ,board1 the ,standing ,committees of the ,board1 and participating programs1 #e1jjj1jjj for each of fiscal years #bjad through #bjbc2 7#b7 for technical programs1 including the development of levee safety guidelines1 publications1 training1 and technical assistance-- 7,a7 #e1jjj1jjj for each of fiscal years #bjad through #bjah2 7,b7 #g1ejj1jjj for each of fiscal years #bjai and #bjbj2 and 7,c7 #aj1jjj1jjj for each of fiscal years #bjba through #bjbc2 7#c7 for public involvement and education programs1 #c1jjj1jjj for each of fiscal years #bjad through #bjbc2 7#d7 to carry out the levee inventory and inspections under section #ijjd of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc71 #cj1jjj1jjj for each of fiscal years #bjad through #bjah2 7#e7 for grants to ,state and tribal levee safety programs1 #cjj1jjj1jjj for fiscal years #bjad through #bjbc2 and 7#f7 for levee rehabilitation assistance grants1 #cjj1jjj1jjj for fiscal years #bjad through #bjbc4 ,,vii ,inland waterways #gjja4 ,purposes ,the purposes of this title are-- 7#a7 to improve program and project management relating to the construction and major rehabilitation of navigation projects on inland waterways2 7#b7 to optimize inland waterways navigation system reliability2 7#c7 to minimize the size and scope of inland waterways navigation project completion schedules2 7#d7 to eliminate preventable delays in inland waterways navigation project completion schedules2 and 7#e7 to make inland waterways navigation capital investments through the use of prioritization criteria that seek to maximize systemwide benefits and minimize overall system risk4 #gjjb4 ,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 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 #gjjc4 ,project delivery process reforms 7a7 ,requirements for qualifying projects ,with respect to each qualifying project1 the ,secretary shall require-- 7#a7 formal project management training and certification for each project manager2 7#b7 assignment as project manager only of personnel fully certified by the ,chief of ,engineers2 and 7#c7 for an applicable cost estimation1 that-- 7,a7 the estimation-- 7i7 is risk-based2 and 7ii7 has a confidence level of at least #hj percent2 and 7,b7 a risk-based cost estimate shall be implemented-- 7i7 for a qualified project that requires an increase in the authorized amount in accordance with section #ijb of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #dahc71 during the preparation of a post-authorization change report or other similar decision document2 7ii7 for a qualified project for which the first construction contract has not been awarded1 prior to the award of the first construction contract2 7iii7 for a qualified project without a completed ,chief of ,engineers report1 prior to the completion of such a report2 and 7iv7 for a qualified project with a completed ,chief of ,engineers report that has not yet been authorized1 during design for the qualified 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 lessons learned 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 title and the amendments made by this title1 including1 as the ,secretary determines to be appropriate-- 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 establishment of #a or more centers of expertise for the design and review of qualifying projects2 7,c7 the development and use of a portfolio of standard designs for inland navigation locks2 7,d7 the use of full-funding contracts or formulation of a revised continuing contracts clause2 and 7,e7 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 #a or more pilot projects to evaluate processes or procedures for the study1 design1 or 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 ,user ,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 report of the ,chief of ,engineers relating to those features and components2 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 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 on the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the ,united ,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 redesignating subsection 7c7 as subsection 7f72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,duties of ,secretary ,the ,secretary shall-- 7#a7 communicate not less 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 reports of the ,chief of ,engineers 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 develop1 and submit to ,congress a report describing1 a #bj-year program for making capital investments on the inland and intracoastal waterways1 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 conjunction with the ,users ,board1 shall-- 7,a7 submit to ,congress 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 such revisions to the program as the ,secretary and ,users ,board jointly consider to be 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 shall sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the ,united ,states4 4 #gjjd4 ,major rehabilitation standards 7a7 ,in general ,the ,secretary shall develop a methodology for applying standard accounting principles when classifying activities as major rehabilitation projects4 7b7 ,evaluations ,the ,secretary shall evaluate the effect of applying the methodology developed under subsection 7a7 to not less than #c qualifying projects4 7c7 ,report ,the ,secretary shall submit to ,congress a report on the evaluation under subsection 7b74 #gjje4 ,inland waterways system revenues 7a7 ,findings ,congress finds that-- 7#a7 there are approximately #ab1jjj miles of ,federal waterways1 known as the inland waterways system1 that are supported by user fees and managed by the ,corps of ,engineers2 7#b7 the inland waterways system spans #ch ,states and handles approximately one-half of all inland waterway freight2 7#c7 according to the final report of the ,inland ,marine ,transportation ,system ,capital ,projects ,business ,model1 freight traffic on the ,federal fuel-taxed inland waterways system accounts for #edf1jjj1jjj tons of freight each year2 7#d7 expenditures for construction and major rehabilitation projects on the inland waterways system are equally cost-shared between the ,federal ,government and the ,inland ,waterways ,trust ,fund2 7#e7 the ,inland ,waterways ,trust ,fund is financed through a fee of #j4bj per gallon on fuel used by commercial barges2 7#f7 the balance of the ,inland ,waterways ,trust ,fund has declined significantly in recent years2 7#g7 according to the final report of the ,inland ,marine ,transportation ,system ,capital ,projects ,business ,model1 the estimated financial need for construction and major rehabilitation projects on the inland waterways system for fiscal years #bjaa through #bjcj is approximately #ah1jjj1jjj1jjj2 and 7#h7 users of the inland waterways system are supportive of an increase in the existing revenue sources for inland waterways system construction and major rehabilitation activities to expedite the most critical of those construction and major rehabilitation projects4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the existing revenue sources for inland waterways system construction and rehabilitation activities are insufficient to cover the costs of non-,federal interests of construction and major rehabilitation projects on the inland waterways system2 and 7#b7 the issue described in paragraph 7#a7 should be addressed4 #gjjf4 ,efficiency of revenue collection ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general 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 ,,viii ,harbor maintenance #hjja4 ,short title ,this title may be cited as the ,harbor ,maintenance ,trust ,fund ,act of #bjac4 #hjjb4 ,purposes ,the purposes of this title are-- 7#a7 to ensure that revenues collected into the ,harbor ,maintenance ,trust ,fund are used for the intended purposes of those revenues2 7#b7 to increase investment in the operation and maintenance of ,united ,states ports1 which are critical for the economic competitiveness of the ,united ,states2 7#c7 to promote equity among ports nationwide2 and 7#d7 to ensure ,united ,states ports are prepared to meet modern shipping needs1 including the capability to receive large ships that require deeper drafts4 #hjjc4 ,funding for harbor maintenance programs 7a7 ,harbor maintenance trust fund guarantee 7#a7 ,in general ,the total budget resources made available from the ,harbor ,maintenance ,trust ,fund each fiscal year pursuant to section #ieje7;c7 of the ,internal ,revenue ,code of #aihf 7relating to expenditures from the ,harbor ,maintenance ,trust ,fund7 shall be equal to the level of receipts plus interest credited to the ,harbor ,maintenance ,trust ,fund for that fiscal year4 ,such amounts may be used only for harbor maintenance programs described in section #ieje7;c7 of such ,code4 7#b7 ,guarantee ,no funds may be appropriated for harbor maintenance programs described in such section unless the amount described in paragraph 7#a7 has been provided4 7b7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,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 7#b7 ,level of receipts plus interest ,the term level of receipts plus interest means the level of taxes and interest credited to the ,harbor ,maintenance ,trust ,fund under section #ieje of the ,internal ,revenue ,code of #aihf for a fiscal year as set forth in the ,president's budget baseline projection as defined in section #beg of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7,public ,law #ii-agg2 #ii ,stat4 #ajib7 for that fiscal year submitted pursuant to section #aaje of title #ca1 ,united ,states ,code4 7c7 ,enforcement of guarantees ,it shall not be in order in the ,house of ,representatives or the ,senate to consider any bill1 joint resolution1 amendment1 motion1 or conference report that would cause total budget resources in a fiscal year for harbor maintenance programs described in subsection 7b77#a7 for such fiscal year to be less than the amount required by subsection 7a77#a7 for such fiscal year4 #hjjd4 ,harbor ,maintenance ,trust ,fund prioritization 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 ,prioritization 7#a7 ,in general ,of the amounts made available under this section to carry out projects described in subsection 7a77#b71 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall give priority to those projects in the following order3 7,a7 ,in any fiscal year in which all projects subject to the harbor maintenance fee under section #bd4bd of title #ai1 ,code of ,federal ,regulations 7or successor regulation7 are not maintained to their authorized width and depth1 the ,secretary shall prioritize amounts made available under this section for those projects-- 7i7 that are high-use deep draft2 and 7ii7 for which construction is completed4 7,b7 ,in any fiscal year in which the projects described in subparagraph 7,a7 are maintained to their authorized width and depth1 the ,secretary shall prioritize not more than #bj percent of remaining amounts made available under this section for projects-- 7i7 that have been maintained below their authorized width and depth during the preceding #e fiscal years2 and 7ii7 for which significant ,federal1 ,state1 and local investments in infrastructure have been made at those projects4 7#b7 ,administration ,for purposes of this subsection1 ,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;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking #de feet and inserting #ej feet2 and 7#b7 by adding at the end the following3 7#c7 ,operation and maintenance activities defined 7,a7 ,scope of operation and maintenance activities ,notwithstanding any other provision of law 7including regulations and guidelines7 and subject to subparagraph 7,b71 for purposes of this subsection1 operation and maintenance activities that are eligible for the ,federal cost share under paragraph 7#a7 shall include-- 7i7 the dredging of berths in a harbor that is accessible to a ,federal channel1 if the ,federal channel has been constructed to a depth equal to the authorized depth of the channel2 and 7ii7 the dredging and disposal of legacy-contaminated sediments and sediments unsuitable for ocean disposal that-- 7,i7 are located in or affect the maintenance of ,federal navigation channels2 or 7,,ii7 are located in berths that are accessible to ,federal channels4 7,b7 ,limitations 7i7 ,in general ,for each fiscal year1 subparagraph 7,a7 shall only apply if all operation and maintenance activities that are eligible for the ,federal cost share under paragraph 7#a7 in a ,state described in clause 7ii7 have been funded4 7ii7 ,state limitation ,for each fiscal year1 the operation and maintenance activities described in subparagraph 7,a7 may only be carried out in a ,state that-- 7,i7 contributes not less than #b4e percent annually of the total funding of the ,harbor ,maintenance ,trust ,fund established under section #ieje of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 received less than #ej percent of the total amounts collected in the ,state pursuant to section #ieje of the ,internal ,revenue ,code of #aihf in the previous #c fiscal years4 7iii7 ,prioritization ,in allocating amounts made available under this paragraph1 the ,secretary shall give priority to projects that have received the lowest rate of funding from the ,harbor ,maintenance ,trust fund in previous fiscal years4 4 7c7 ,conforming amendment ,section #ieje7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking as in effect on the date of the enactment of the ,water ,resources ,development ,act of #aiif and inserting as in effect on the date of the enactment of the ,harbor ,maintenance ,trust ,fund ,act of #bjac4 #hjje4 ,civil works program of the ,corps of ,engineers 7a7 ,point of order 7#a7 ,in general ,subject to subsections 7b7 and 7c71 it shall not be in order in the ,house of ,representatives or the ,senate to consider any bill1 joint resolution1 amendment1 motion1 or conference report that would result in making the amounts made available for a given fiscal year to carry out all programs1 projects1 and activities of the civil works program of the ,corps of ,engineers other than the harbor maintenance programs to be less than the amounts made available for those purposes in the previous fiscal year4 7#b7 ,calculation of amounts ,for each fiscal year1 the amounts made available to carry out all programs1 projects1 and activities of the civil works program of the ,corps of ,engineers shall not include any amounts that are designated by ,congress-- 7,a7 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;,a77i772 or 7,b7 as being for disaster relief pursuant to section #bea7;b77#b77;,d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,d774 7b7 ,exceptions ,subsection 7a7 shall not apply if amounts made available for the civil works program of the ,corps of ,engineers for a fiscal year is less than the amounts made available for the civil works program in the previous fiscal year if the reduction in amounts made available-- 7#a7 applies to all discretionary funds and programs of the ,federal ,government2 and 7#b7 is applied to the civil works program in the same percentage and manner as other discretionary funds and programs4 7c7 ,waiver and appeal 7#a7 ,senate 7,a7 ,in general ,subsection 7a7 may be waived or suspended in the ,senate only by an affirmative vote of #ce of the ,members of the ,senate1 duly chosen and sworn4 7,b7 ,appeal ,an affirmative vote of #ce of the ,members of the ,senate1 duly chosen and sworn1 shall be required to sustain an appeal of the ruling of the ,chair on a point of order raised under subsection 7a74 7#b7 ,house of representatives ,the ,committee on ,rules of the ,house of ,representatives may not report a rule or order that would waive a point of order to a bill or joint resolution from being made under subsection 7a74 ,,ix ,dam safety #ijja4 ,short title ,this title may be cited as the ,dam ,safety ,act of #bjac4 #ijjb4 ,purpose ,the purpose of this title and the amendments made by this title is to reduce the risks to life and property from dam failure in the ,united ,states through the reauthorization of an effective national dam safety program that brings together the expertise and resources of the ,federal ,government and non-,federal interests in achieving national dam safety hazard reduction4 #ijjc4 ,administrator 7a7 ,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 7b7 ,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 paragraph 7#b77 the following3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,emergency ,management ,agency4 4 #ijjd4 ,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 #ijje4 ,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 program 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 #ijjf4 ,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 shall carry out a nationwide public awareness and outreach program to assist the public in preparing for1 mitigating1 responding to1 and recovering from dam incidents4 4 #ijjg4 ,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 #bjad through #bjah4 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 #bjad and subsequent fiscal years ,for fiscal year #bjad 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 #bjad through #bjah4 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 #bjad through #bjah4 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 #bjad through #bjah4 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 #bjad through #bjah4 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 #bjad through #bjah4 ,x ,innovative financing pilot projects #ajjja4 ,short title ,this title may be cited as the ,water ,infrastructure ,finance and ,innovation ,act of #bjac4 #ajjjb4 ,purposes ,the purpose of this title is to establish a pilot program to assess the ability of innovative financing tools to-- 7#a7 promote increased development of critical water resources infrastructure by establishing additional opportunities for financing water resources projects that complement but do not replace or reduce existing ,federal infrastructure financing tools such as the ,state water pollution control revolving loan funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and the ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab72 7#b7 attract new investment capital to infrastructure projects that are capable of generating revenue streams through user fees or other dedicated funding sources2 7#c7 complement existing ,federal funding sources and address budgetary constraints on the ,corps of ,engineers civil works program and existing wastewater and drinking water infrastructure financing programs2 7#d7 leverage private investment in water resources infrastructure2 7#e7 align investments in water resources infrastructure to achieve multiple benefits2 and 7#f7 assist communities facing significant water quality1 drinking water1 or flood risk challenges with the development of water infrastructure projects4 #ajjjc4 ,definitions ,in this title3 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 title 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 in connection with the financing of a project under section #ajjaj4 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 et 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 #ajjjd4 ,authority to provide assistance 7a7 ,in general ,the ,secretary and the ,administrator may provide financial assistance under this title 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 title that are eligible projects under section #ajjjg7a74 7#b7 ,administrator ,the ,administrator shall carry out all pilot projects under this title that are eligible projects under paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#h7 of section #ajjjg4 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 #ajjjg4 #ajjje4 ,applications 7a7 ,in general ,to receive assistance under this title1 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 #ajjjg1 the ,secretary or the ,administrator1 as applicable1 shall require the eligible entity to submit a single application for the combined group of projects4 #ajjjf4 ,eligible entities ,the following entities are eligible to receive assistance under this title3 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 #ajjjg4 ,projects eligible for assistance ,the following projects may be carried out with amounts made available under this title3 7#a7 ,a project for flood control or hurricane and storm damage reduction that the ,secretary has determined is technically sound1 economically justified1 and environmentally acceptable1 including-- 7,a7 a structural or nonstructural measure to reduce flood risk1 enhance stream flow1 or protect natural resources2 and 7,b7 a levee1 dam1 tunnel1 aqueduct1 reservoir1 or other related water infrastructure4 7#b7 ,one 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 ,one 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 system4 7#e7 ,a project for repair1 rehabilitation1 or replacement of a treatment works1 community water system1 or aging water distribution facility4 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 #ajjjh4 ,activities eligible for assistance ,for purposes of this title1 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 #ajjjg7g771 construction contingencies1 and acquisition of equipment2 7#d7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 and 7#e7 refinancing interim construction funding1 long-term project obligations1 or a secured loan or loan guarantee made under this title4 #ajjji4 ,determination of eligibility and project selection 7a7 ,eligibility requirements ,to be eligible to receive financial assistance under this title1 a project shall meet the following criteria1 as determined by the ,secretary or ,administrator1 as applicable3 7#a7 ,creditworthiness 7,a7 ,in general ,subject to subparagraph 7,b71 the project shall be creditworthy1 which shall be determined by the ,secretary or the ,administrator1 as applicable1 who shall ensure that any financing for the project has appropriate security features1 such as a rate covenant1 to ensure repayment4 7,b7 ,preliminary rating opinion letter ,the ,secretary or the ,administrator1 as applicable1 shall require each project applicant to provide 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 7,c7 ,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 #ajjjg7h7 or an entity for a project under section #ajjjg7i71 which may include requiring the provision of a preliminary rating opinion letter from at least #a rating agency4 7#b7 ,eligible project costs ,the eligible project costs of a project shall be reasonably anticipated to be not less than #bj1jjj1jjj4 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 ,in the case of a project carried out by an entity that is not a ,state or local government or an agency or instrumentality of a ,state or local government1 the project shall be publicly sponsored4 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 quality2 7iii7 the protection of drinking water2 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 title4 7,c7 ,the likelihood that assistance under this title would enable the project to proceed at an earlier date than the project would otherwise be able to 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 title4 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 assistance under this title reduces the contribution of ,federal assistance to the project4 7#c7 ,special rule for certain combined projects ,for a project described in section #ajjjg7h71 the ,administrator shall only consider the criteria described in subparagraphs 7,b7 through 7,i7 of paragraph 7#b74 7c7 ,federal requirements ,nothing in this section supersedes the applicability of other requirements of ,federal law 7including regulations74 #ajjaj4 ,secured loans 7a7 ,agreements 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#d71 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-- 7,a7 to finance eligible project costs of any project selected under section #ajjji2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #ajjji2 or 7,c7 to refinance long-term project obligations or ,federal credit instruments1 if that refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #ajjji2 or 7ii7 otherwise meets the requirements of section #ajjji4 7#b7 ,limitation on refinancing of interim construction financing ,a secured loan under paragraph 7#a7 shall not be used to refinance interim construction financing under paragraph 7#a77;,b7 later than #a year after the date of substantial completion of the applicable project4 7#c7 ,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 preliminary rating opinion letter under section #ajjji7;a77#a77;,b71 shall determine an appropriate capital reserve subsidy amount for the secured loan1 taking into account each such preliminary rating opinion letter4 7#d7 ,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 not later than #ce years after the date of substantial completion of the relevant 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 title1 the total amount of ,federal assistance shall not exceed #hj percent of the total project cost4 7,b7 ,exception ,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 project4 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 title 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 #ajjaa4 ,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 title4 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 title4 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 title4 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 title4 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 title in the same manner that section applies to a treatment works for which a grant is made available under that ,act4 #ajjab4 ,state and local permits ,the provision of financial assistance for project under this title shall not-- 7#a7 relieve any recipient of the assistance of any obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 limit the right of any unit of ,state or local government to approve or regulate any rate of return on private equity invested in the project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #ajjac4 ,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 title4 #ajjad4 ,funding 7a7 ,in general ,there is authorized to be appropriated to each of the ,secretary and the ,administrator to carry out this title #ej1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended4 7b7 ,administrative costs ,of the funds made available to carry out this title1 the ,secretary or the ,administrator1 as applicable1 may use for the administration of this title1 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 #bjad through #bjah4 #ajjae4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary or the ,administrator1 as applicable1 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 title-- 7#a7 the financial performance of those projects1 including a recommendation as to whether the objectives of this title are being met2 and 7#b7 the public benefit provided by those projects1 including1 as applicable1 water quality improvement1 the protection of drinking water1 and the reduction of flood risk4 ,,xi ,extreme weather #aajja4 ,improving management of flood and drought 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall enter into an arrangement with the ,national ,academy of ,sciences to carry out a study and make recommendations relating to 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 projects1 including authorized water resources projects that have not yet been constructed1 implemented in the ,united ,states and worldwide to respond to risk associated with extreme weather events2 7#b7 an analysis of historical extreme weather events and the ability of existing infrastructure to mitigate risks associated with those events2 7#c7 an estimation of the funding necessary to improve infrastructure in the ,united ,states to reduce risk associated with extreme weather events2 7#d7 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#e7 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 #aajjb4 ,,gao study on management of flood and drought 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 address and mitigate flood1 storm damage1 and drought impacts on a national basis2 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 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#d7 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 and 7#e7 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 #aajjc4 ,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 or ecosystem restoration project recommendations that will help to rehabilitate damaged infrastructure and reduce risks to human life and property from future natural disasters4 7#b7 ,existing projects ,a watershed assessment carried out under 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 #a or more small projects identified in a watershed assessment under subsection 7a7 that the ,secretary would otherwise be authorized to carry out under-- 7,a7 section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas72 7,b7 section #aaa of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i72 7,c7 section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj72 7,d7 section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a72 7,e7 section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg72 or 7,f7 section #c of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g74 7#b7 ,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 7#a7 ,in general ,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 7#b7 ,federal share ,the ,federal share of the cost of carrying out a watershed assessment under subsection 7a7 shall not exceed #a1jjj1jjj4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each of fiscal years #bjad through #bjah4