§ 2201. “Secretary” defined

For purposes of this Act, the term “Secretary” means the Secretary of the Army.

§ 2202. Non-Federal engagement and review

• (a) The Secretary shall expeditiously issue guidance to implement each covered provision of law in accordance with this section.
• (b)
  • (1) Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Secretary shall issue a public notice that—
    • (A) informs potentially interested non-Federal stakeholders of the Secretary’s intent to develop and issue such guidance; and
    • (B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance.
  • (2) The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing notice on the development and issuance of implementation guidance for a covered water resources development law.
• (c)
  • (1) The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stakeholders to provide input and recommendations to the Secretary, prior to finalizing implementation guidance for a covered water resources development law.
  • (2) The Secretary may, as appropriate (as determined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a covered water resources development law for informal input and recommendations.
• (d) 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 copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and recommendations.
• (e) When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non-Federal stakeholders, and make the final guidance available to the public on the publicly accessible website described in subsection (b)(2).
• (f) In this section:
  • (1) The term “covered provision of law” means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a covered water resources development law, with respect to which—
    • (A) the Secretary determines guidance is necessary in order to implement the provision; and
    • (B) no such guidance has been issued as of October 23, 2018 .
  • (2) The term “covered water resources development law” means—
    • (A) the Water Resources Reform and Development Act of 2014;
    • (B) the Water Resources Development Act of 2016;
    • (C) this Act; and
    • (D) any Federal water resources development law enacted after October 23, 2018 .

§ 2211. Harbors

• (a)
  • (1) The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014 , shall pay, during the period of construction of the project, the following costs associated with general navigation features:
    • (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus
    • (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 50 feet; plus
    • (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 50 feet.
  • (2) The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to section 2216 of this title . The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.
  • (3) Except as provided under section 2283(c) of this title , the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-way, and relocations (other than utility relocations under paragraph (4)) necessary for the project, including any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under paragraph (4)) that are necessary for dredged material disposal facilities.
  • (4) The non-Federal interests for a project to which paragraph (1) applies shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deep-draft harbor and in the case of a project constructed by non-Federal interests under section 2232 of this title , one-half of the cost of each such relocation shall be borne by the owner of the facility being relocated and one-half of the cost of each such relocation shall be borne by the non-Federal interests.
  • (5) In this subsection, the term “general navigation features” includes constructed land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for project construction and for which a contract for construction has not been awarded on or before October 12, 1996 .
• (b)
  • (1) The Federal share of the cost of operation and maintenance of each navigation project for a harbor or inland harbor constructed by the Secretary pursuant to this Act or any other law approved after November 17, 1986 , shall be 100 percent, except that in the case of a deep-draft harbor, the non-Federal interests shall be responsible for an amount equal to 50 percent of the excess of the cost of the operation and maintenance of such project over the cost which the Secretary determines would be incurred for operation and maintenance of such project if such project had a depth of 50 feet.
  • (2) The Federal share of the cost of constructing land-based and aquatic dredged material disposal facilities that are necessary for the disposal of dredged material required for the operation and maintenance of a project and for which a contract for construction has not been awarded on or before October 12, 1996 , shall be determined in accordance with subsection (a). The Federal share of operating and maintaining such facilities shall be determined in accordance with paragraph (1).
• (c) Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling damages attributable to Federal navigation works shall be shared in the same proportion as the cost sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal interests for the project causing the erosion or shoaling shall agree to operate and maintain such measures.
• (d) The amount of any non-Federal share of the cost of any navigation project for a harbor or inland harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid on an annual basis during the period of construction, beginning not later than one year after construction is initiated.
• (e) Before initiation of construction of a project to which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of section 1962d–5b of title 42 . The non-Federal interests shall agree to—
  • (1) provide to the Federal Government lands, easements, and rights-of-way, including those necessary for dredged material disposal facilities, and perform the necessary relocations required for construction, operation, and maintenance of such project;
  • (2) hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors;
  • (3) provide to the Federal Government the non-Federal share of all other costs of construction of such project; and
  • (4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and maintenance required by subsection (b) of this section.
• (f) The Secretary shall ensure, to the extent practicable, that—
  • (1) funding requirements for operation and maintenance dredging of commercial navigation harbors are considered before Federal funds are obligated for payment of the Federal share of costs associated with the construction of dredged material disposal facilities in accordance with subsections (a) and (b);
  • (2) funds expended for such construction are apportioned equitably in accordance with regional needs; and
  • (3) use of a dredged material disposal facility designed, constructed, managed, or operated by a private entity is not precluded if, consistent with economic and environmental considerations, the facility is the least-cost alternative.

§ 2211a. Preserving United States harbors

• (a) Upon a request from a non-Federal interest, the Secretary shall review a report developed by the non-Federal interest that provides an economic justification for Federal investment in the operation and maintenance of a federally authorized harbor or inland harbor (referred to in this section as a “federally authorized harbor”).
• (b) A report submitted under subsection (a) may provide for an economic justification of Federal investment in the operation and maintenance of a federally authorized harbor based on—
  • (1) the projected economic benefits, including transportation savings and job creation; and
  • (2) other factors, including navigation safety, national security, and sustainability of subsistence harbors.
• (c) Not later than 180 days after the date on which the Secretary receives a report under subsection (a), the Secretary shall provide to the non-Federal interest a written response to the report, including an assessment of the information provided by the non-Federal interest.
• (d) As the Secretary determines to be appropriate, the Secretary may use the information provided in the report under subsection (a) to justify additional operation and maintenance funding for a federally authorized harbor in accordance with section 2211(b) of this title .
• (e) Nothing in this section may be construed to preclude the operation and maintenance of a federally authorized harbor under section 2211(b) of this title .

§ 2212. Inland waterway transportation

• (a) One-half of the costs of construction—
  • (1) of each project authorized by title III of this Act,
  • (2) of the project authorized by section 652(j) of this title , and
  • (3) allocated to inland navigation for the project authorized by section 844 of this Act,
• (b) The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent.
• (c)
  • (1) Notwithstanding any other provision of law, the Secretary shall be responsible for the operation and maintenance, including repair, of any flood gate, as well as any pumping station constructed within the channel as a single unit with that flood gate, that—
    • (A) was constructed as of June 10, 2014 , as a feature of an authorized hurricane and storm damage reduction project; and
    • (B) crosses an inland or intracoastal waterway described in section 1804 of this title .
  • (2) The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and replacement of any structure under this subsection shall be 35 percent.
• (d) Any Federal responsibility—
  • (1) with respect to a project authorized by title III or section 652(j) of this title , or
  • (2) with respect to the portion of the project authorized by section 844 allocated to inland navigation,

§ 2213. Flood control and other purposes

• (a)
  • (1) The non-Federal interests for a project with costs assigned to flood control (other than a nonstructural project) shall—
    • (A) pay 5 percent of the cost of the project assigned to flood control during construction of the project;
    • (B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and
    • (C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged material disposal areas, and relocations which is assigned to flood control.
  • (2) If the value of the contributions required under paragraph (1) of this subsection is less than 35 percent of the cost of the project assigned to flood control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 35 percent of the cost of the project assigned to flood control.
  • (3) The non-Federal share under paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection.
  • (4) If the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or separable element is completed, at an interest rate determined pursuant to section 2216 of this title . The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection.
• (b)
  • (1) The non-Federal share of the cost of nonstructural flood control measures shall be 35 percent of the cost of such measures. The non-Federal interests for any such measures shall be required to provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations necessary for the project, but shall not be required to contribute any amount in cash during construction of the project.
  • (2) At any time during construction of a project, if the Secretary determines that the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for the project, in combination with other costs contributed by the non-Federal interests, will exceed 35 percent, any additional costs for the project (not to exceed 65 percent of the total costs of the project) shall be a Federal responsibility and shall be contributed during construction as part of the Federal share.
• (c) The non-Federal share of the cost assigned to other project purposes shall be as follows:
  • (1) hydroelectric power: 100 percent, except that the marketing of such power and the recovery of costs of constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided , That after November 17, 1986 , the Secretary shall not submit to Congress any proposal for the authorization of any water resources project that has a hydroelectric power component unless such proposal contains the comments of the appropriate Power Marketing Administrator designated pursuant to section 7152 of title 42 concerning the appropriate Power Marketing Administration’s ability to market the hydroelectric power expected to be generated and not required in the operation of the project under the applicable Federal power marketing law, so that, 100 percent of operation, maintenance and replacement costs, 100 percent of the capital investment allocated to the purpose of hydroelectric power (with interest at rates established pursuant to or prescribed by applicable law), and any other costs assigned in accordance with law for return from power revenues can be returned within the period set for the return of such costs by or pursuant to such applicable Federal power marketing law;
  • (2) municipal and industrial water supply: 100 percent;
  • (3) agricultural water supply: 35 percent;
  • (4) recreation, including recreational navigation: 50 percent of separable costs and, in the case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs allocated to recreational navigation;
  • (5) hurricane and storm damage reduction: 35 percent;
  • (6) aquatic plant control: 50 percent of control operations; and
  • (7) environmental protection and restoration: 35 percent; except that nothing in this paragraph shall affect or limit the applicability of section 2283 of this title .
• (d)
  • (1) Costs of constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), (b), and (c) and shall be shared in the same percentage as the purposes to which the costs are assigned, except that all costs assigned to benefits to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private lands shall be borne by non-Federal interests and all costs assigned to the protection of federally owned shores shall be borne by the United States.
  • (2)
    • (A) In the case of a project authorized for construction after December 31, 1999 , except for a project for which a District Engineer’s Report is completed by that date, the non-Federal cost of the periodic nourishment of the project, or any measure for shore protection or beach erosion control for the project, that is carried out—
      • (i) after January 1, 2001 , shall be 40 percent;
      • (ii) after January 1, 2002 , shall be 45 percent; and
      • (iii) after January 1, 2003 , shall be 50 percent.
    • (B) All costs assigned to benefits of periodic nourishment projects or measures to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private land shall be borne by the non-Federal interest.
    • (C) All costs assigned to the protection of federally owned shores for periodic nourishment measures shall be borne by the United States.
• (e)
  • (1) This section applies to any project (including any small project which is not specifically authorized by Congress and for which the Secretary has not approved funding before November 17, 1986 ), or separable element thereof, on which physical construction is initiated after April 30, 1986 , as determined by the Secretary, except as provided in paragraph (2). For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract.
  • (2) This section shall not apply to the Yazoo Basin, Mississippi, Demonstration Erosion Control Program, authorized by Public Law 98–8 , or to the Harlan, Kentucky, or Barbourville, Kentucky, elements of the project authorized by section 202 of Public Law 96–367 .
• (f) For purposes of this Act, the term “separable element” means a portion of a project—
  • (1) which is physically separable from other portions of the project; and
  • (2) which—
    • (A) achieves hydrologic effects, or
    • (B) produces physical or economic benefits,
• (g)
  • (1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share required under this section shall be required to be paid during the three-year period beginning on November 17, 1986 .
  • (2) The projects referred to in paragraph (1) are the following:
    • (A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and Arkansas, authorized by the Flood Control Act of 1946;
    • (B) Eight Mile Creek, Arkansas, authorized by Public Law 99–88 ; and
    • (C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by the Flood Control Act approved August 18, 1941 .
• (h) The share of the costs specified under this section for each project purpose shall apply to the joint and separable costs of construction of each project assigned to that purpose, except as otherwise specified in this Act.
• (i) Except as provided under section 2283(c) of this title , the non-Federal interests for a project to which this section applies shall provide all lands, easements, rights-of-way, and dredged material disposal areas required for the project and perform all necessary relocations, except to the extent limited by any provision of this section. The value of any contribution under the preceding sentence shall be included in the non-Federal share of the project specified in this section.
• (j)
  • (1) Any project to which this section applies (other than a project for hydroelectric power) shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilitation costs of the project, to pay the non-Federal share of the costs of construction required by this section, and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors.
  • (2) The agreement required pursuant to paragraph (1) shall be in accordance with the requirements of section 1962d–5b of title 42 and shall provide for the rights and duties of the United States and the non-Federal interest with respect to the construction, operation, and maintenance of the project, including, but not limited to, provisions specifying that, in the event the non-Federal interest fails to provide the required non-Federal share of costs for such work, the Secretary—
    • (A) shall terminate or suspend work on the project unless the Secretary determines that continuation of the work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests in connection with the project; and
    • (B) may terminate or adjust the rights and privileges of the non-Federal interest to project outputs under the terms of the agreement.
• (k) Except as otherwise provided in this section, the Secretary may permit the full non-Federal contribution to be made without interest during construction of the project or separable element, or with interest at a rate determined pursuant to section 2216 of this title over a period of not more than thirty years from the date of completion of the project or separable element. Repayment contracts shall provide for recalculation of the interest rate at five-year intervals.
• (l) At the request of any non-Federal interest the Secretary may permit such non-Federal interest to delay the initial payment of any non-Federal contribution under this section or section 2211 of this title for up to one year after the date when construction is begun on the project for which such contribution is to be made. Any such delay in initial payment shall be subject to interest charges for up to six months at a rate determined pursuant to section 2216 of this title .
• (m)
  • (1) Any cost-sharing agreement under this section for a feasibility study, or for construction of an environmental protection and restoration project, a flood control project, a project for navigation, storm damage protection, shoreline erosion, hurricane protection, or recreation, or an agricultural water supply project, shall be subject to the ability of the non-Federal interest to pay.
  • (2) The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect under paragraph (3) on the day before December 11, 2000 ; except that such criteria and procedures shall be revised, and new criteria and procedures shall be developed, not later than December 31, 2007 , to reflect the requirements of such paragraph (3).
  • (3) In revising criteria and procedures pursuant to paragraph (2), the Secretary—
    • (A) shall consider—
      • (i) per capita income data for the county or counties in which the project is to be located; and
      • (ii) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; and
    • (B) may consider additional criteria relating to the non-Federal interest’s financial ability to carry out its cost-sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-Federal share as determined under subparagraph (A).
  • (4) Notwithstanding subsection (a), the Secretary may reduce the requirement that a non-Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3).
• (n)
  • (1) The Secretary may not—
    • (A) solicit contributions from non-Federal interests for costs of constructing authorized water resources projects or measures in excess of the non-Federal share assigned to the appropriate project purposes listed in subsections (a), (b), and (c); or
    • (B) condition Federal participation in such projects or measures on the receipt of such contributions.
  • (2) Nothing in this subsection shall be construed to affect the Secretary’s authority under section 903(c). 1 1 See References in Text note below.

§ 2214. General credit for flood control

• (a) Within one year after November 17, 1986 , the Secretary shall issue guidelines to carry out this section, consistent with the principles and guidelines on project formulation. The guidelines shall include criteria for determining whether work carried out by non-Federal interests is compatible with a project for flood control and procedures for making such determinations. The guidelines under this section shall be promulgated after notice in the Federal Register and opportunity for comment.
• (b) The guidelines established under subsection (a) shall provide for the Secretary to consider, in analyzing the costs and benefits of a proposed project for flood control, the costs and benefits produced by any flood control work carried out by non-Federal interests that the Secretary determines to be compatible with the project. For purposes of the preceding sentence the Secretary may consider only work carried out after the date which is 5 years before the first obligation of funds for the reconnaissance study for such project. In no case may work which was carried out more than 5 years before November 17, 1986 , be considered under this subsection, unless otherwise provided in this Act.
• (c) The guidelines established under subsection (a) shall provide for crediting the cost of work carried out by the non-Federal interests against the non-Federal share of the cost of an authorized project for flood control as follows:
  • (1) Work which is carried out after the end of the reconnaissance study and before the submission to Congress of the final report of the Chief of Engineers on the project and which is determined by the Secretary to be compatible with the project shall be included as part of the project and shall be recommended by the Secretary in the final report for credit against the non-Federal share of the cost of the project.
  • (2) Work which is carried out after submission of the final report of the Chief of Engineers to Congress and which is determined by the Secretary to be compatible with the project shall be considered as part of the project and shall be credited by the Secretary against the non-Federal share of the cost of the project in accordance with the guidelines promulgated pursuant to subsection (a).
• (d) The Secretary shall consider, under subsections (b) and (c), work carried out before November 17, 1986 , by non-Federal interests on a project for flood control, if the non-Federal interests apply to the Secretary for consideration of such work not later than March 31, 1987 . The Secretary shall make determinations under subsections (b) and (c) with respect to such work not later than 6 months after guidelines are issued under subsection (a).
• (e) The Secretary shall consider work carried out after November 17, 1986 , by non-Federal interests on a project for flood control under subsections (b) and (c) in accordance with the guidelines issued under subsection (a). The guidelines shall require prior approval by the Secretary of any flood control work carried out after November 17, 1986 , in order to be considered under this section, taking into account the economic and environmental feasibility of the project.
• (f) Any flood control work included as part of the non-Federal share of the cost of a project under this section shall not be subject to the limitation contained in the last sentence of section 1962d–5a(a) of title 42 .
• (g) Nothing in this section affects the requirement of section 2213(a)(1)(A) of this title .

§ 2215. Feasibility studies; planning, engineering, and design

• (a)
  • (1)
    • (A) The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986 , until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study.
    • (B) During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of—
      • (i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and
      • (ii) any excess of the cost of the study over the cost estimate if the excess results from—
        • (I) a change in Federal law; or
        • (II) a change in the scope of the study requested by the non-Federal interests.
    • (C)
      • (i) Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 2211(e) or 2213(j) of this title with respect to the project.
      • (ii) If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date.
    • (D) The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests.
    • (E) The non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.
  • (2) This subsection shall not apply to any water resources study primarily designed for the purposes of navigational improvements in the nature of dams, locks, and channels on the Nation’s system of inland waterways.
  • (3) The requirements of this subsection that apply to a feasibility study also shall apply to a study that results in a detailed project report, except that—
    • (A) the first $100,000 of the costs of a study that results in a detailed project report shall be a Federal expense; and
    • (B) paragraph (1)(C)(ii) shall not apply to such a study.
• (b) The Secretary shall not initiate any planning or engineering for a water resources project until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the planning and engineering during the period of the planning and engineering. Costs of planning and engineering of projects for which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs of construction.
• (c) Costs of design of a water resources project shall be shared in the same percentage as the purposes of such project.
• (d) In this section, the following definitions apply:
  • (1) The term “detailed project report” means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document.
  • (2) The term “feasibility study” means a study that results in a feasibility report under section 2282 of this title , and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a study that results in a project implementation report prepared under title VI of the Water Resources Development Act of 2000 ( 114 Stat. 2680–2694 ), a general reevaluation report, and a limited reevaluation report.

§ 2216. Rate of interest

Whenever a non-Federal interest is required or elects to repay an amount under this Act over a period of time, the amount to be repaid shall include interest at a rate determined by the Secretary of the Treasury, taking into consideration the average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period, during the month preceding the fiscal year in which costs for the construction of the project are first incurred (or in the case of recalculation the fiscal year in which the recalculation is made), plus a premium of one-eighth of one percentage point for transaction costs; except that such rates for hydroelectric power shall be in accordance with existing law.

§ 2217. Limitation on applicability of certain provisions in reports

If any provision in any report designated by this Act recommends that a State contribute in cash 5 percent of the construction costs allocated to non-vendible project purposes and 10 percent of the construction costs allocated to vendible project purposes, such provision shall not apply to the project recommended in such report.

§ 2218. General applicability of cost sharing

Unless otherwise specified, the cost sharing provisions of this subchapter shall apply to all projects in this Act. The Federal share of any cost of a project authorized by this Act for which cost a Federal share is not established in this subchapter, shall be the share of such cost otherwise provided by law.

§ 2219. Definitions

For purposes of this subchapter, terms shall have the meanings given by section 2241 of this title .

§ 2220. Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes

• (a) In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [ 42 U.S.C. 3121 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas.
• (b) There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966 , and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970 .

§ 2221. Cost limitations on projects

Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after November 19, 2005 , pursuant to section 560 of this title ; section 561 1 1 See References in Text note below. of this title; the Civil Functions Appropriations Act, 1936, Public Law 75–208 1 ; section 1962d–5a of title 42 ; sections 2214, 2231, and 2232 of this title; section 426i–1 1 of this title; section 701b–13 1 of this title; and any other specific project authority, shall be limited to total credits and reimbursements for all applicable projects not to exceed $100,000,000 in each fiscal year.

§ 2222. Use of other Federal funds

The non-Federal interest for a water resources study or project may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.

§ 2223. Transfer of excess credit

• (a)
  • (1) Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.
  • (2) On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.
• (b)
  • (1) Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d–5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section.
  • (2) Credit in excess of the non-Federal share for a study or project may be approved under this section only if—
    • (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies—
      • (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and
      • (ii) the authorized studies and projects to which that excess credit would be applied;
    • (B) the Secretary approves the comprehensive plan; and
    • (C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan.
• (c) In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will—
  • (1) help to expedite the completion of a project or group of projects;
  • (2) reduce costs to the Federal Government; and
  • (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits.
• (d) The authority provided in this section shall terminate 10 years after June 10, 2014 .
• (e)
  • (1)
    • (A) Not later than 2 years after June 10, 2014 , and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section.
    • (B) Not later than 10 years after June 10, 2014 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section.
  • (2) The reports described in paragraph (1) shall include—
    • (A) a description of the use of the authority under this section during the reporting period;
    • (B) an assessment of the impact of the authority under this section on the time required to complete projects; and
    • (C) an assessment of the impact of the authority under this section on other water resources projects.

§ 2224. Crediting authority for federally authorized navigation projects

A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section.

§ 2225. Credit or reimbursement

• (a) With respect to an authorized flood damage reduction project, or separable element thereof, that has been constructed by a non-Federal interest under section 701b–13 1 1 See References in Text note below. of this title, or an authorized coastal navigation project that has been constructed by the Corps of Engineers pursuant to section 561 of this title before October 23, 2018 , the Secretary may provide to the non-Federal interest, at the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of the cost of the project or separable element, in lieu of providing to the non-Federal interest a reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the availability of appropriations.
• (b) At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.
• (c) At the request of the non-Federal interest, the Secretary may apply such funds, subject to the availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out other flood damage reduction and coastal navigation projects or studies.

§ 2226. Water resources projects on Federal land

• (a) Subject to subsection (b), the Secretary may carry out an authorized water resources development project on Federal land that is under the administrative jurisdiction of another Federal agency where the cost of the acquisition of such Federal land has been paid for by the non-Federal interest for the project.
• (b) The Secretary may carry out a project pursuant to subsection (a) only after the non-Federal interest has entered into a memorandum of understanding with the Federal agency that includes such terms and conditions as the Secretary determines to be necessary.
• (c) Nothing in this section alters any non-Federal cost-sharing requirements for the project.

§ 2227. Clarification of impacts to other Federal facilities

In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing those facilities.

§ 2231. Study of water resources development projects by non-Federal interests

• (a)
  • (1) A non-Federal interest may undertake a federally authorized feasibility study of a proposed water resources development project and submit the study to the Secretary.
  • (2) To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies.
• (b) The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects.
• (c)
  • (1) Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
    • (A) the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible;
    • (B) any recommendations the Secretary may have concerning the plan or design of the project; and
    • (C) any conditions the Secretary may require for construction of the project.
  • (2) The completion of the review by the Secretary of a feasibility study that has been submitted under subsection (a)(1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration.
• (d) If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary.
• (e)
  • (1) The Secretary may accept and expend funds provided by non-Federal interests to undertake reviews, inspections, certifications, and other activities that are the responsibility of the Secretary in carrying out this section.
  • (2) At the request of a non-Federal interest, the Secretary shall provide to the non-Federal interest technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the Secretary to pay all costs of providing such technical assistance.
  • (3) Funds provided by non-Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement.
  • (4) In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.
  • (5) The provision of technical assistance by the Secretary under paragraph (2)—
    • (A) shall not be considered to be an approval or endorsement of the feasibility study; and
    • (B) shall not affect the responsibilities of the Secretary under subsections (b) and (c).

§ 2232. Construction of water resources development projects by non-Federal interests

• (a) In this section, the term “water resources development project” means a project recommendation that results from—
  • (1) a feasibility report, as such term is defined in section 2282d(f) 1 1 See References in Text note below. of this title;
  • (2) a completed feasibility study developed under section 2231 of this title ; or
  • (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary.
• (b)
  • (1) A non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof—
    • (A) in accordance with a plan approved by the Secretary for the project or separable element; and
    • (B) subject to any conditions that the Secretary may require, including any conditions specified under section 2231(c)(3) of this title .
  • (2) Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—
    • (A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and
    • (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed.
  • (3)
    • (A) For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation.
    • (B) For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary.
    • (C) Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph.
  • (4)
    • (A) If a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project.
    • (B) Except as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph (A) not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation.
    • (C) Nothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information.
• (c)
  • (1) When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted.
  • (2) Nothing in this section may be construed to waive any requirement of section 3142 of title 40 .
  • (3) Funds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d).
  • (4) In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally.
• (d)
  • (1) Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if—
    • (A) before initiation of construction of the project or separable element—
      • (i) the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest;
      • (ii) the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and
      • (iii) the non-Federal interest enters into a written agreement with the Secretary under section 1962d–5b of title 42 , including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; and
    • (B) the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project.
  • (2) The Secretary may apply credit toward—
    • (A) the non-Federal share of authorized separable elements of the same project; or
    • (B) subject to the requirements of this section and section 2223 of this title , at the request of the non-Federal interest, the non-Federal share of a different water resources development project.
  • (3) The Secretary may only apply credit or provide reimbursement under paragraph (1) if—
    • (A) Congress has authorized construction of the project or separable element of the project;
    • (B) the Secretary certifies that the project has been constructed in accordance with—
      • (i) all applicable permits or approvals; and
      • (ii) this section; and
    • (C) in the case of reimbursement, appropriations are provided by Congress for such purpose.
  • (4) The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that—
    • (A) the construction is carried out in compliance with the requirements of this section; and
    • (B) the costs of the construction are reasonable.
  • (5)
    • (A) The Secretary may authorize credit or reimbursement under this subsection for carrying out a discrete segment of a federally authorized water resources development project, or separable element thereof, before final completion of the project or separable element if—
      • (i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and
      • (ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable.
    • (B) Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—
      • (i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and
      • (ii) the construction is consistent with the authorization of the applicable water resources development project, or separable element thereof, and the plans approved under paragraph (1)(A)(i).
    • (C)
      • (i) As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—
        • (I) identify any discrete segment that the non-Federal interest may carry out; and
        • (II) agree to the completion of the water resources development project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.
      • (ii) If a non-Federal interest fails to complete a water resources development project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element.
    • (D) In this paragraph, the term “discrete segment” means a physical portion of a water resources development project to be carried out, or separable element thereof—
      • (i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and
      • (ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.
• (e) If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest.
• (f) Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 2211(b) of this title if—
  • (1) before construction of the improvements—
    • (A) the Secretary determines that the improvements are feasible and consistent with the purposes of this subchapter; and
    • (B) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements;
  • (2) the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and
  • (3) the Secretary does not find that the project or separable element is no longer feasible.

§ 2233. Coordination and scheduling of Federal, State, and local actions

• (a) The Secretary, on request from an appropriate non-Federal interest in the form of a written notice of intent to construct a navigation project for a harbor or inland harbor under section 2232 of this title or this section, shall initiate procedures to establish a schedule for consolidating Federal, State, and local agency environmental assessments, project reviews, and issuance of all permits for the construction of the project, including associated access channels, berthing areas, and onshore port-related facilities, before the initiation of construction. The non-Federal interest shall submit, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decisionmaking on the proposed project. A State shall not be required to participate in carrying out this section.
• (b) Within 15 days after receipt of notice under subsection (a), the Secretary shall publish such notice in the Federal Register. The Secretary also shall provide written notification of the receipt of a notice under subsection (a) to all State and local agencies that may be required to issue permits for the construction of the project or related activities. The Secretary shall solicit the cooperation of those agencies and request their entry into a memorandum of agreement described in subsection (c). Within 30 days after publication of the notice in the Federal Register, State and local agencies that intend to enter into the memorandum of agreement shall notify the Secretary of their intent in writing.
• (c) Within 90 days after receipt of notice under subsection (a), the Secretary of the Interior, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and any State or local agencies that have notified the Secretary under subsection (b) shall enter into an agreement with the Secretary establishing a schedule of decisionmaking for approval of the project and permits associated with it and with related activities. Such schedule may not exceed two and one-half years from the date of the agreement.
• (d) The agreement entered into under subsection (c), to the extent practicable, shall consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The agreement shall detail, to the extent possible, the non-Federal interest’s responsibilities for data development and information that may be necessary to process each permit, including a schedule when the information and data will be provided to the appropriate Federal, State, or local agency.
• (e) The agreement shall include a date by which the Secretary, taking into consideration the views of all affected Federal agencies, shall provide to the non-Federal interest in writing a preliminary determination whether the project and Federal permits associated with it are reasonably likely to receive approval.
• (f) The Secretary may revise the agreement once to extend the schedule to allow the non-Federal interest the minimum amount of additional time necessary to revise its original application to meet the objections of a Federal, State, or local agency which is a party to the agreement.
• (g) Six months before the final date of the schedule, the Secretary shall provide to Congress a written progress report for each navigation project for a harbor or inland harbor subject to this section. The Secretary shall transmit the report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate. The report shall summarize all work completed under the agreement and shall include a detailed work program that will assure completion of all remaining work under the agreement.
• (h) Not later than the final day of the schedule, the Secretary shall notify the non-Federal interest of the final decision on the project and whether the permit or permits have been issued.
• (i) Not later than one year after November 17, 1986 , the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, and local permits for the construction of navigation projects for harbors or inland harbors and associated activities. The Secretary shall include in that report recommendations for further reducing the amount of time required for the issuance of those permits, including any proposed changes in existing law.

§ 2234. Nonapplicability to Saint Lawrence Seaway

Sections 2231, 2232, and 2233 of this title do not apply to any harbor or inland harbor project for that portion of the Saint Lawrence Seaway administered by the Saint Lawrence Seaway Development Corporation.

§ 2235. Construction in usable increments

Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986 , may be constructed in usable increments.

§ 2236. Port or harbor dues

• (a) Subject to the following conditions, a non-Federal interest may levy port or harbor dues (in the form of tonnage duties or fees) on a vessel engaged in trade entering or departing from a harbor and on cargo loaded on or unloaded from that vessel under clauses 2 and 3 of section 10, and under clause 3 of section 8, of Article 1 of the Constitution:
  • (1) Port or harbor dues may be levied only in conjunction with a harbor navigation project whose construction is complete (including a usable increment of the project) and for the following purposes and in amounts not to exceed those necessary to carry out those purposes:
    • (A)
      • (i) to finance the non-Federal share of construction and operation and maintenance costs of a navigation project for a harbor under the requirements of section 2211 of this title ; or
      • (ii) to finance the cost of construction and operation and maintenance of a navigation project for a harbor under section 2232 or 2233 of this title; and
    • (B) provide emergency response services in the harbor, including contingency planning, necessary personnel training, and the procurement of equipment and facilities.
  • (2) Port or harbor dues may not be levied for the purposes described in paragraph (1)(B) of this subsection after the dues cease to be levied for the purposes described in paragraph (1)(A) of this subsection.
  • (3)
    • (A) Port or harbor dues may not be levied under this section in conjunction with a deepening feature of a navigation improvement project on any vessel if that vessel, based on its design draft, could have utilized the project at mean low water before construction. In the case of project features which solely—
      • (i) widen channels or harbors,
      • (ii) create or enlarge bend easings, turning basins or anchorage areas, or provide protected areas, or
      • (iii) remove obstructions to navigation,
    • (B) In developing port or harbor dues that may be charged under this section on vessels for project features constructed under this subchapter, the non-Federal interest may consider such criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim.
    • (C) Port or harbor dues authorized by this section shall not be imposed on—
      • (i) vessels owned and operated by the United States Government, a foreign country, a State, or a political subdivision of a country or State, unless engaged in commercial services;
      • (ii) towing vessels, vessels engaged in dredging activities, or vessels engaged in intraport movements; or
      • (iii) vessels with design drafts of 20 feet or less when utilizing general cargo and deep-draft navigation projects.
  • (4) Port or harbor dues may be levied only on a vessel entering or departing from a harbor and its cargo on a fair and equitable basis. In formulating port and harbor dues, the non-Federal interest shall consider—
    • (A) the direct and indirect cost of construction, operations, and maintenance, and providing the facilities and services under paragraph (1) of this subsection;
    • (B) the value of those facilities and services to the vessel and cargo;
    • (C) the public policy or interest served; and
    • (D) any other pertinent factors.
  • (5)
    • (A) Before the initial levy of or subsequent modification to port or harbor dues under this section, a non-Federal interest shall transmit to the Secretary—
      • (i) the text of the proposed law, regulation, or ordinance that would establish the port or harbor dues, including provisions for their administration, collection, and enforcement;
      • (ii) the name, address, and telephone number of an official to whom comments on and requests for further information on the proposal are to be directed;
      • (iii) the date by which comments on the proposal are due and a date for a public hearing on the proposal at which any interested party may present a statement; however, the non-Federal interest may not set a hearing date earlier than 45 days after the date of publication of the notice in the Federal Register required by subparagraph (B) of this paragraph or set a deadline for receipt of comments earlier than 60 days after the date of publication; and
      • (iv) a written statement signed by an appropriate official that the non-Federal interest agrees to be governed by the provisions of this section.
    • (B) On receiving from a non-Federal interest the information required by subparagraph (A) of this paragraph, the Secretary shall transmit the material required by clauses (i) through (iii) of subparagraph (A) of this paragraph to the Federal Register for publication.
    • (C) Port or harbor dues may be imposed by a non-Federal interest only after meeting the conditions of this paragraph.
  • (6) A non-Federal interest shall—
    • (A) file a schedule of any port or harbor dues levied under this subsection with the Secretary and the Federal Maritime Commission, which the Commission shall make available for public inspection;
    • (B) provide to the Comptroller General of the United States on request of the Comptroller General any records or other evidence that the Comptroller General considers to be necessary and appropriate to enable the Comptroller General to carry out the audit required under subsection (b) 1 1 See References in Text note below. of this section;
    • (C) designate an officer or authorized representative, including the Secretary of the Treasury acting on a cost-reimbursable basis, to receive tonnage certificates and cargo manifests from vessels which may be subject to the levy of port or harbor dues, export declarations from shippers, consignors, and terminal operators, and such other documents as the non-Federal interest may by law, regulation, or ordinance require for the imposition, computation, and collection of port or harbor dues; and
    • (D) consent expressly to the exclusive exercise of Federal jurisdiction under subsection (c) 1 of this section.
• (b)
  • (1) The district court of the United States for the district in which is located a non-Federal interest that levies port or harbor dues under this section has original and exclusive jurisdiction over any matter arising out of or concerning, the imposition, computation, collection, and enforcement of port or harbor dues by a non-Federal interest under this section.
  • (2) Any person who suffers legal wrong or is adversely affected or aggrieved by the imposition by a non-Federal interest of a proposed scheme or schedule of port or harbor dues under this section may, not later than 180 days after the date of hearing under subsection (a)(5)(A)(iii) of this section, commence an action to seek judicial review of that proposed scheme or schedule in the appropriate district court under paragraph (1).
  • (3) On petition of the Attorney General or any other party, that district court may—
    • (A) grant appropriate injunctive relief to restrain an action by that non-Federal interest violating the conditions of consent in subsection (a) of this section;
    • (B) order the refund of any port or harbor dues not lawfully collected; and
    • (C) grant other appropriate relief or remedy.
• (c)
  • (1)
    • (A) Upon the arrival of a vessel in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section, the master of that vessel shall, within forty-eight hours after arrival and before any cargo is unloaded from that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section a tonnage certificate for the vessel and a manifest of the cargo aboard that vessel or, if the vessel is in ballast, a declaration to that effect.
    • (B) The shipper, consignor, or terminal operator having custody of any cargo to be loaded on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C) of this section an export declaration specifying the cargo to be loaded on board that vessel.
• (d) At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may:
  • (1) withhold the clearance required by section 60105 of title 46 for a vessel if the master, owner, or operator of a vessel subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation or ordinance issued hereunder; and
  • (2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 ( 19 U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or terminal operator having title to or custody of cargo subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation, or ordinance issued hereunder.
• (e) Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the district court of the United States for the district in which the vessel or cargo is found.

§ 2237. Information for national security

Any non-Federal interest shall provide the United States the information necessary for military readiness planning and harbor, inland harbor, and national security, including information necessary to obtain national security clearances for individuals employed in critical harbor and inland harbor positions.

§ 2238. Authorization of appropriations

• (a) There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by section 9505 of title 26 , for each fiscal year such sums as may be necessary to pay—
  • (1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation for such fiscal year; and
  • (2) up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States.
• (b) There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible operations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section.
• (c)
  • (1) To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors.
  • (2)
    • (A) In determining an equitable allocation of funds under paragraph (1), the Secretary shall—
      • (i) consider the information obtained in the assessment conducted under subsection (e);
      • (ii) consider the national and regional significance of harbor operations and maintenance; and
      • (iii) as appropriate, consider national security and military readiness needs.
    • (B) The Secretary shall not allocate funds under paragraph (1) based solely on the tonnage transiting through a harbor.
  • (3) Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each fiscal year, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2).
  • (4) To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects.
• (d)
  • (1)
    • (A) For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects.
    • (B) For each fiscal year, of the priority funds available, the Secretary shall use—
      • (i) not less than 5 percent of such funds for underserved harbor projects; and
      • (ii) not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System.
    • (C) In determining which underserved harbor projects shall receive funds under this paragraph, the Secretary shall consider—
      • (i) the total quantity of commerce supported by the water body on which the project is located; and
      • (ii) the minimum width and depth that—
        • (I) would be necessary at the underserved harbor project to provide sufficient clearance for fully loaded commercial vessels using the underserved harbor project to maneuver safely; and
        • (II) does not exceed the constructed width and depth of the authorized navigation project.
  • (2)
    • (A) In this paragraph, the term “eligible harbor or inland harbor” means a harbor or inland harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years.
    • (B)
      • (i) For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 percent of such funds for expanded uses carried out at an eligible harbor or inland harbor.
      • (ii) For fiscal year 2025 and each fiscal year thereafter, the Secretary shall use not less than 10 percent of the priority funds available for expanded uses carried out at an eligible harbor or inland harbor.
    • (C) In allocating funds under this paragraph, the Secretary shall give priority to projects at eligible harbors or inland harbors for which the difference, calculated in dollars, is greatest between—
      • (i) the total amount of funding made available for projects at that eligible harbor or inland harbor from the Harbor Maintenance Trust Fund in the immediately preceding 3 fiscal years; and
      • (ii) the total amount of harbor maintenance taxes collected at that harbor or inland harbor in the immediately preceding 3 fiscal years.
  • (3)
    • (A) For each of fiscal years 2015 through 2024, if after fully funding all projects eligible for funding under paragraphs (1)(B) and (2)(B)(i), priority funds made available under those paragraphs remain unobligated, the Secretary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allocation of those funds among the harbors and inland harbors.
    • (B) In determining an equitable allocation of funds under subparagraph (A), the Secretary shall—
      • (i) use the criteria specified in subsection (c)(2)(A); and
      • (ii) make amounts available in accordance with the requirements of paragraph (1)(A).
  • (4) Nothing in this subsection prohibits the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if—
    • (A) the Secretary determines that the action is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and
    • (B) the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
• (e)
  • (1) Not later than 270 days after June 10, 2014 , and biennially thereafter, the Secretary shall assess, and issue a report to Congress on, the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection (a)(2).
  • (2)
    • (A) In carrying out paragraph (1), the Secretary shall identify—
      • (i) the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2); and
      • (ii) the total expected costs for expanded uses at eligible harbors or inland harbors referred to in subsection (d)(2).
    • (B) In carrying out paragraph (1), the Secretary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors and inland harbors referred to in subsection (a)(2), including the use of those harbors for—
      • (i) commercial navigation, including the movement of goods;
      • (ii) domestic trade;
      • (iii) international trade;
      • (iv) commercial fishing;
      • (v) subsistence, including use by Indian tribes (as defined in section 5304 of title 25 ) for subsistence and ceremonial purposes;
      • (vi) use as a harbor of refuge;
      • (vii) transportation of persons;
      • (viii) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities;
      • (ix) activities of the Secretary of the department in which the Coast Guard is operating;
      • (x) activities of the Secretary of the Navy;
      • (xi) public health and safety related equipment for responding to coastal and inland emergencies;
      • (xii) recreation purposes; and
      • (xiii) other authorized purposes.
    • (C) In carrying out paragraph (1), the Secretary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors referred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 ( 130 Stat. 1645 ; 33 U.S.C. 2326 note).
  • (3)
    • (A) For fiscal year 2016, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31 , the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that, with respect to harbors and inland harbors referred to in subsection (a)(2)—
      • (i) identifies the operation and maintenance costs associated with the harbors and inland harbors, including those costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors and the costs for expanded uses at eligible harbors and inland harbors, on a project-by-project basis;
      • (ii) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors and inland harbors, on a project-by-project basis;
      • (iii) identifies the unmet operation and maintenance needs associated with the harbors and inland harbors, on a project-by-project basis; and
      • (iv) identifies the harbors and inland harbors for which the President will allocate funding over the subsequent 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes.
    • (B) In the first report submitted under subparagraph (A) following December 16, 2016 , the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2), on a project-by-project basis.
    • (C) The Secretary shall make the report submitted under subparagraph (A) available to the public, including on the Internet.
• (f) In this section:
  • (1) The term “constructed width and depth” means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project.
  • (2) The term “emerging harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually.
  • (3) The term “expanded uses” means the following activities:
    • (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits commercial navigation at the harbor.
    • (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sediment unsuitable for open water disposal, if—
      • (i) such dredging and disposal benefits commercial navigation at the harbor; and
      • (ii) such sediment is located in and affects the maintenance of a Federal navigation project or is located in a berth that is accessible to a Federal navigation project.
  • (4) The term “Great Lakes Navigation System” includes—
    • (A)
      • (i) Lake Superior;
      • (ii) Lake Huron;
      • (iii) Lake Michigan;
      • (iv) Lake Erie; and
      • (v) Lake Ontario;
    • (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation;
    • (C) any navigation features in the lakes referred to in subparagraph (A) or waters described in subparagraph (B) that are a Federal operation or maintenance responsibility; and
    • (D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.
  • (5) The term “harbor maintenance tax” means the amounts collected under section 4461 of title 26 .
  • (6) The term “high-use harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits not less than 10,000,000 tons of cargo annually.
  • (7) The term “moderate-use harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually—
    • (A) more than 1,000,000 tons of cargo; but
    • (B) less than 10,000,000 tons of cargo.
  • (8) The term “priority funds” means the difference between—
    • (A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and
    • (B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012.
  • (9)
    • (A) The term “underserved harbor project” means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)—
      • (i) that is a moderate-use harbor project or an emerging harbor project;
      • (ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and
      • (iii) for which State and local investments in infrastructure have been made at those projects during the preceding 6 fiscal years.
    • (B) For purposes of this paragraph, State and local investments in infrastructure shall include infrastructure investments made using amounts made available for activities under section 5305(a)(9) of title 42 .

§ 2238a. Estimate of harbor maintenance needs

For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title 31 , United States Code, shall include—

• (1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and
• (2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be required to increase that average availability to 95 percent over a 3-year period.

§ 2238b. Funding for harbor maintenance programs

• (a) In this section:
  • (1) The term “total amount of harbor maintenance taxes received” means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31 .
  • (2) The term “total budget resources” means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26 .
• (b)
  • (1) Except as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following:
    • (A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014.
    • (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.
    • (C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016.
    • (D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017.
    • (E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018.
    • (F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019.
    • (G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020.
    • (H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021.
    • (I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022.
    • (J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023.
    • (K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
  • (2) The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of title 26 .
• (c) If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of—
  • (1) 103 percent of the total budget resources appropriated for the previous fiscal year; or
  • (2) 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.
• (d)
  • (1) It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes.
  • (2) The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year.

§ 2238c. Additional measures at donor ports and energy transfer ports

• (a) In this section:
  • (1) The term “cargo container” means a cargo container that is 1 Twenty-foot Equivalent Unit.
  • (2) The term “discretionary cargo” means maritime cargo for which the United States port of unlading is different than the United States port of entry.
  • (3)
    • (A) The term “donor port” means a port—
      • (i) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);
      • (ii) at which the total amount of harbor maintenance taxes collected comprise not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26 ;
      • (iii) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and
      • (iv) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded on to vessels in fiscal year 2012.
    • (B) For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.
  • (4) The term “energy commodity” includes—
    • (A) petroleum products;
    • (B) natural gas;
    • (C) coal;
    • (D) wind and solar energy components; and
    • (E) biofuels.
  • (5) The term “energy transfer port” means a port—
    • (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or any successor regulation); and
    • (B)
      • (i) at which energy commodities comprised greater than 25 percent of all commercial activity by tonnage in fiscal year 2012; and
      • (ii) through which more than 40,000,000 tons of cargo were transported in fiscal year 2012.
  • (6) The term “expanded uses” has the meaning given the term in section 2238(f) of this title .
  • (7) The term “harbor maintenance tax” has the meaning given the term in section 2238(f) of this title .
  • (8) The term “medium-sized donor port” means a port—
    • (A) that is subject to the harbor maintenance fee under section 24.24 of title 19, Code of Federal Regulations (or a successor regulation);
    • (B) at which the total amount of harbor maintenance taxes collected comprise annually more than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund established under section 9505 of title 26 ;
    • (C) that received less than 25 percent of the total amount of harbor maintenance taxes collected at that port in the previous 5 fiscal years; and
    • (D) that is located in a State in which more than 2,000,000 cargo containers were unloaded from or loaded onto vessels in fiscal year 2012.
• (b)
  • (1) Subject to the availability of appropriations, the Secretary may provide to donor ports, medium-sized donor ports, and energy transfer ports amounts in accordance with this section.
  • (2) Amounts provided under this section—
    • (A) for energy transfer ports shall be divided equally among all States with an energy transfer port;
    • (B) shall be made available to a port as either a donor port, medium-sized donor port, or an energy transfer port, and no port may receive amounts from more than 1 designation; and
    • (C) for donor ports and medium-sized donor ports—
      • (i) 50 percent of the funds shall be equally divided between the eligible donor ports as authorized by this section; and
      • (ii) 50 percent of the funds shall be divided between the eligible donor ports and eligible medium-sized donor ports based on the percentage of the total harbor maintenance tax revenues generated at each eligible donor port and medium-sized donor port.
• (c) Amounts provided under this section may be used by a donor port, a medium-sized donor port, or an energy transfer port—
  • (1) to provide payments to importers entering cargo through that port, as calculated by the Secretary according to the value of discretionary cargo;
  • (2) for expanded uses; or
  • (3) for environmental remediation related to dredging berths and Federal navigation channels.
• (d)
  • (1) If a donor port, a medium-sized donor port, or an energy transfer port elects to provide payments to importers under subsection (c), the Secretary shall transfer to the Commissioner of U.S. Customs and Border Protection an amount equal to those payments that would otherwise be provided to the port under this section to provide the payments to the importers of the discretionary cargo that is—
    • (A) shipped through the port; and
    • (B) most at risk of diversion to seaports outside of the United States.
  • (2) The Secretary, in consultation with a port electing to provide payments under subsection (c), shall determine the top importers at the port, as ranked by the value of discretionary cargo, and payments shall be limited to those top importers.
• (e)
  • (1) Not later than 18 months after June 10, 2014 , the Secretary shall assess the impact of the authority provided by this section and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the results of that assessment, including any recommendations for amending or reauthorizing the authority.
  • (2) In carrying out the assessment under paragraph (1), the Secretary shall assess—
    • (A) the impact of the amounts provided and used under this section on those ports that received funds under this section; and
    • (B) any impact on domestic harbors and ports that did not receive funds under this section.
• (f)
  • (1) There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2020.
  • (2) For each fiscal year, amounts made available to carry out this section shall be provided in equal amounts to—
    • (A) donor ports and medium-sized donor ports; and
    • (B) energy transfer ports.
  • (3) If the target total budget resources under subparagraphs (A) through (D) of section 2238b(b)(1) of this title are met for each of fiscal years 2016 through 2020, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.
• (g) Nothing in this section waives any statutory requirement related to the transportation of merchandise as authorized under chapter 551 of title 46.

§ 2238d. Maintenance of harbors of refuge

The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.

§ 2240. Emergency response services

• (a) The Secretary is authorized to make grants to any non-Federal interest operating a project for a harbor for provision of emergency response services in such harbor (including contingency planning, necessary personnel training, and the procurement of equipment and facilities either by the non-Federal interest, by a local agency or municipality, or by a combination of local agencies or municipalities on a cost-reimbursable basis, either by a cooperative agreement, mutual aid plan, or mutual assistance plan entered into between one or more non-Federal interests, public agencies, or local municipalities).
• (b) There is authorized to be appropriated for fiscal years beginning after September 30, 1986 , and ending before October 1, 1992 , $5,000,000.

§ 2241. Definitions

For purposes of this subchapter—

• (1) The term “deep-draft harbor” means a harbor which is authorized to be constructed to a depth of more than 45 feet (other than a project which is authorized by section 202 of this title ).
• (2)
  • (A) Except as provided in subparagraph (B), the term “eligible operations and maintenance” means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland harbor; (ii) the construction of dredged material disposal facilities that are necessary for the operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of contaminated sediments that are in or that affect the maintenance of Federal navigation channels; (iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities; and (v) operating and maintaining dredged material disposal facilities.
  • (B) As applied to the Saint Lawrence Seaway, the term “eligible operations and maintenance” means all operations, maintenance, repair, and rehabilitation, including maintenance dredging reasonably necessary to keep such Seaway or navigation improvements operated or maintained by the Saint Lawrence Seaway Development Corporation in operation and reasonable state of repair.
  • (C) The term “eligible operations and maintenance” does not include providing any lands, easements, or rights-of-way, or performing relocations required for project operations and maintenance.
• (3) The term “general cargo harbor” means a harbor for which a project is authorized by section 202 of this title and any other harbor which is authorized to be constructed to a depth of more than 20 feet but not more than 45 feet;
• (4) The term “harbor” means any channel or harbor, or element thereof, in the United States, capable of being utilized in the transportation of commercial cargo in domestic or foreign waterborne commerce by commercial vessels. The term does not include—
  • (A) an inland harbor;
  • (B) the Saint Lawrence Seaway;
  • (C) local access or berthing channels;
  • (D) channels or harbors constructed or maintained by nonpublic interests; and
  • (E) any portion of the Columbia River other than the channels on the downstream side of Bonneville lock and dam.
• (5) The term “inland harbor” means a navigation project which is used principally for the accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on inland waters. The term does not include—
  • (A) projects on the Great Lakes;
  • (B) projects that are subject to tidal influence;
  • (C) projects with authorized depths of greater than 20 feet;
  • (D) local access or berthing channels; and
  • (E) projects constructed or maintained by nonpublic interests.
• (6) The term “nominal depth” means, in relation to the stated depth for any navigation improvement project, such depth, including any greater depths which must be maintained for any harbor or inland harbor or element thereof included within such project in order to ensure the safe passage at mean low tide of any vessel requiring the stated depth.
• (7) The term “non-Federal interest” has the meaning such term has under section 1962d–5b of title 42 and includes any interstate agency and port authority established under a compact entered into between two or more States with the consent of Congress under section 10 of Article I of the Constitution.
• (8) The term “United States” means all areas included within the territorial boundaries of the United States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands, and any other territory or possession over which the United States exercises jurisdiction.

§ 2242. Remote and subsistence harbors

• (a) In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that—
  • (1)
    • (A) the community to be served by the project is at least 70 miles from the nearest surface accessible commercial port and has no direct rail or highway link to another community served by a surface accessible port or harbor; or
    • (B) the project would be located in the State of Hawaii or Alaska, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa;
  • (2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the region served by the harbor and navigation improvement, as determined by the Secretary, including consideration of information provided by the non-Federal interest; and
  • (3) the long-term viability of the community in which the project is located, or the long-term viability of a community that is located in the region that is served by the project and that will rely on the project, would be threatened without the harbor and navigation improvement.
• (b) In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to—
  • (1) public health and safety of the local community and communities that are located in the region to be served by the project and that will rely on the project, including access to facilities designed to protect public health and safety;
  • (2) access to natural resources for subsistence purposes;
  • (3) local and regional economic opportunities;
  • (4) welfare of the regional population to be served by the project; and
  • (5) social and cultural value to the local community and communities that are located in the region to be served by the project and that will rely on the project.
• (c) Projects recommended by the Secretary under subsection (a) shall be given equivalent budget consideration and priority as projects recommended solely by national economic development benefits.
• (d)
  • (1) The Secretary may carry out any project identified in the study carried out pursuant to subsection (a) in accordance with the criteria for projects carried out under the authority of the Secretary under section 577 of this title .
  • (2) In evaluating and implementing a project under this section, the Secretary shall allow a non-Federal interest to participate in the financing of a project in accordance with the criteria established for flood control projects under section 903(c) of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4184 ).
• (e) For a project that cannot be carried out under the authority specified in subsection (d), on a determination by the Secretary of the feasibility of the project under subsection (a), the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title .

§ 2243. Arctic deep draft port development partnerships

• (a) The Secretary may provide technical assistance to non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25 ) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 1 1 So in original. Probably should be followed by a closing parenthesis. , for the development, construction, operation, and maintenance of channels, harbors, and related infrastructure associated with deep draft ports for purposes of dealing with Arctic development and security needs.
• (b) The Secretary is authorized to accept and expend funds provided by non-Federal public entities, including Indian tribes (as defined in section 5304 of title 25 ) and a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 1 , to carry out the technical assistance activities described in subsection (a).
• (c) No assistance may be provided under this section until after the date on which the entity to which that assistance is to be provided enters into a written agreement with the Secretary that includes such terms and conditions as the Secretary determines to be appropriate and in the public interest.
• (d) The Secretary shall prioritize technical assistance provided under this section for Arctic deep draft ports identified by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Defense as important for Arctic development and security.
• (e) In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—
  • (1) shall consult with the Secretary of the department in which the Coast Guard is operating to identify benefits in carrying out the missions specified in section 468 of title 6 associated with an Arctic deep draft port;
  • (2) shall consult with the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and
  • (3) may consider such benefits in determining whether an Arctic deep draft port is feasible.

§ 2251. Inland Waterways Users Board

• (a) There is hereby established an Inland Waterway Users Board (hereinafter in this section referred to as the “Users Board”) composed of the eleven members selected by the Secretary, one of whom shall be designated by the Secretary as Chairman. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intracoastal waterways for commercial purposes. Due consideration shall be given to assure a balance among the members based on the ton-mile shipments of the various categories of commodities shipped on inland waterways. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation, and Commerce may each designate, a representative to act as an observer of the Users Board.
• (b)
  • (1) The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States.
  • (2) For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide—
    • (A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels;
    • (B) advice and recommendations to Congress regarding any feasibility report for a project on the inland waterway system that has been submitted to Congress pursuant to section 2282d of this title ;
    • (C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components;
    • (D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and
    • (E) advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d).
  • (3) The chairperson of the Users Board shall appoint a representative of the Users Board to serve as an advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.
  • (4) Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board.
• (c) The Secretary shall—
  • (1) communicate not less frequently than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and
  • (2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States.
• (d)
  • (1) Not later than 1 year after June 10, 2014 , the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria.
  • (2) In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010 , as approved by the Users Board.
  • (3) In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)—
    • (A) are made in all geographical areas of the inland waterways system; and
    • (B) ensure efficient funding of inland waterways projects.
  • (4) Not later than 5 years after June 10, 2014 , and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall—
    • (A) submit to Congress and make publicly available a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and
    • (B) make revisions to the program, as appropriate.
• (e) The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.
• (f)
  • (1) The Users Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.), other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency.
  • (2) For the purposes of complying with the Federal Advisory Committee Act (5 U.S.C. App.), the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18 ).
  • (3) Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 .

§ 2252. Project delivery process reforms

• (a) With respect to each qualifying project, the Secretary shall require—
  • (1) for each project manager, that—
    • (A) the project manager have formal project management training and certification; and
    • (B) the project manager be assigned from among personnel certified by the Chief of Engineers; and
  • (2) for an applicable cost estimation, that—
    • (A) the Secretary utilize a risk-based cost estimate with a confidence level of at least 80 percent; and
    • (B) the cost estimate be developed—
      • (i) for a qualifying project that requires an increase in the authorized amount in accordance with section 2280 of this title , during the preparation of a post-authorization change report or other similar decision document;
      • (ii) for a qualifying project for which the first construction contract has not been awarded, prior to the award of the first construction contract;
      • (iii) for a qualifying project without a completed feasibility report in accordance with section 2282 of this title , prior to the completion of such a report; and
      • (iv) for a qualifying project with a completed feasibility report in accordance with section 2282 of this title that has not yet been authorized, during design for the qualifying project.
• (b) Not later than 18 months after June 10, 2014 , the Secretary shall—
  • (1) establish a system to identify and apply on a continuing basis best management practices from prior or ongoing qualifying projects to improve the likelihood of on-time and on-budget completion of qualifying projects;
  • (2) evaluate early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance; and
  • (3) implement any additional measures that the Secretary determines will achieve the purposes of this subtitle, including—
    • (A) the implementation of applicable practices and procedures developed pursuant to management by the Secretary of an applicable military construction program;
    • (B) the development and use of a portfolio of standard designs for inland navigation locks, incorporating the use of a center of expertise for the design and review of qualifying projects;
    • (C) the use of full-funding contracts or formulation of a revised continuing contracts clause; and
    • (D) the establishment of procedures for recommending new project construction starts using a capital projects business model.
• (c)
  • (1) Subject to paragraph (2), the Secretary may carry out pilot projects to evaluate processes and procedures for the study, design, and construction of qualifying projects.
  • (2) At a minimum, the Secretary shall carry out pilot projects under this subsection to evaluate—
    • (A) early contractor involvement in the development of features and components;
    • (B) an appropriate use of continuing contracts for the construction of features and components; and
    • (C) applicable principles, procedures, and processes used for military construction projects.

§ 2253. Annual financial review

For any inland waterways project that the Secretary carries out that has an estimated total cost of $500,000,000 or more, the Secretary shall submit to the congressional committees referred to in subsection (a) 1 1 See References in Text note below. an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of any future increases of the cost to complete the project.

§ 2254. Assessment of operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway

• (a) Not later than 90 days after June 10, 2014 , the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.
• (b) In carrying out subsection (a), the Secretary shall assess the operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway as used for the following purposes:
  • (1) Commercial navigation.
  • (2) Commercial fishing.
  • (3) Subsistence, including utilization by Indian tribes (as defined in section 5304 of title 25 ) for subsistence and ceremonial purposes.
  • (4) Use as ingress and egress to harbors of refuge.
  • (5) Transportation of persons.
  • (6) Purposes relating to domestic energy production, including fabrication, servicing, and supply of domestic offshore energy production facilities.
  • (7) Activities of the Secretary of the department in which the Coast Guard is operating.
  • (8) Public health and safety related equipment for responding to coastal and inland emergencies.
  • (9) Recreation purposes.
  • (10) Any other authorized purpose.
• (c) For fiscal year 2015, and biennially thereafter, in conjunction with the annual budget submission by the President to Congress under section 1105(a) of title 31 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, with respect to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway—
  • (1) identifies the operation and maintenance costs required to achieve the authorized length, width, and depth;
  • (2) identifies the amount of funding requested in the President’s budget for operation and maintenance costs; and
  • (3) identifies the unmet operation and maintenance needs of the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway.

§ 2255. Inland waterways riverbank stabilization

• (a) Not later than 1 year after June 10, 2014 , and biennially thereafter, the Secretary shall conduct a study to determine the feasibility of—
  • (1) carrying out projects for the inland and intracoastal waterways for purposes of—
    • (A) flood damage reduction;
    • (B) emergency streambank and shoreline protection; and
    • (C) prevention and mitigation of shore damages attributable to navigation improvements; and
  • (2) modifying projects for the inland and intracoastal waterways for the purpose of improving the quality of the environment.
• (b) In conducting the study, the Secretary shall develop specific project recommendations and prioritize those recommendations based on—
  • (1) the extent of damage and land loss resulting from riverbank erosion;
  • (2) the rate of erosion;
  • (3) the significant threat of future flood risk to public property, public infrastructure, or public safety;
  • (4) the destruction of natural resources or habitats; and
  • (5) the potential cost savings for maintenance of the channel.
• (c) The Secretary may carry out any project identified in the study conducted pursuant to subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
  • (1) Section 701r of this title .
  • (2) Section 701s of this title .
  • (3) Section 426i of this title .
  • (4) Section 2309a of this title .
• (d) For a project recommended pursuant to the study that cannot be carried out under any of the authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the project, the Secretary may include a recommendation concerning the project in the annual report submitted to Congress under section 2282d of this title .

§ 2261. Territories development study

The Secretary is hereby authorized and directed to make studies in cooperation with the Secretary of the Interior and the governments of the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands for the purposes of providing plans for the development, utilization, and conservation of water and related land resources of such jurisdiction, at a total cost of $2,000,000 for each of the five studies. Such studies shall include appropriate consideration of the needs for flood protection, wise use of flood plain lands, navigation facilities, hydroelectric power generation, regional water supply and waste water management facilities systems, general recreation facilities, enhancement and control of water quality, enhancement and conservation of fish and wildlife, and other measures for environmental enhancement, economic and human resources development. Such studies shall be compatible with comprehensive development plans formulated by local planning agencies and other interested Federal agencies. Any funds made available under this section for a study for any such jurisdiction which is not needed for such study shall be available to the Secretary to construct authorized water resources projects in such jurisdiction and to implement the findings of such study with appropriate cost sharing as provided in this Act.

§ 2262. Survey of potential for use of certain facilities as hydroelectric facilities

• (a) The Secretary shall, upon the request of local public officials, survey the potential and methods for rehabilitating former industrial sites, millraces, and similar types of facilities already constructed for use as hydroelectric facilities. The Secretary shall, upon request, provide technical assistance to local public agencies, including electric cooperatives, in designing projects to rehabilitate sites that have been surveyed, or are qualified for such survey, under this section. The non-Federal share of the cost of carrying out this section shall be 50 percent.
• (b) There is authorized to be appropriated to the Secretary, to implement this section, the sum of $5,000,000 for each of the fiscal years ending September 30, 1988 , through September 30, 1992 , such sums to remain available until expended.

§ 2263. Study of Corps capability to conserve fish and wildlife

• (a) The Secretary shall investigate and study the feasibility of utilizing the capabilities of the United States Army Corps of Engineers to conserve fish and wildlife (including their habitats) where such fish and wildlife are indigenous to the United States, its possessions, or its territories. The scope of such study shall include the use of engineering or construction capabilities to create alternative habitats, or to improve, enlarge, develop, or otherwise beneficially modify existing habitats of such fish and wildlife. The study shall be conducted in consultation with the Director of the Fish and Wildlife Service of the Department of the Interior, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, and shall be transmitted within the 30-month period beginning on November 17, 1986 , by the Secretary to Congress, together with the findings, conclusions, and recommendations of the Chief of Engineers. The Secretary, in consultation with the Federal officers referred to in the preceding sentence, shall undertake a continuing review of the matters covered in the study and shall transmit to Congress, on a biennial basis, any revisions to the study that may be required as a result of the review, together with the findings, conclusions, and recommendations of the Chief of Engineers.
• (b)
  • (1) The Secretary is further authorized to conduct projects of alternative or beneficially modified habitats for fish and wildlife, including but not limited to man-made reefs for fish. There is authorized to be appropriated not to exceed $100,000,000 to carry out such projects.
  • (2) Such projects shall be developed, and their effectiveness evaluated, in consultation with the Director of the Fish and Wildlife Service and the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. Such projects shall include—
    • (A) the construction of a reef for fish habitat in Lake Erie in the vicinity of Buffalo, New York;
    • (B) the construction of a reef for fish habitat in the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida;
    • (C) the construction of a reef for fish habitat in Lake Ontario in the vicinity of the town of Newfane, New York; and
    • (D) the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including—
      • (i) the construction of oyster bars and reefs;
      • (ii) the rehabilitation of existing marginal habitat;
      • (iii) the use of appropriate alternative substrate material in oyster bar and reef construction;
      • (iv) the construction and upgrading of oyster hatcheries; and
      • (v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success.
  • (3) The restoration and rehabilitation activities described in paragraph (2)(D) shall be—
    • (A) for the purpose of establishing permanent sanctuaries and harvest management areas; and
    • (B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery.
  • (4)
    • (A) The non-Federal share of the cost of any project under this subsection shall be 25 percent.
    • (B) The non-Federal share may be provided through in-kind services, including—
      • (i) the provision by the non-Federal interest of shell stock material that is determined by the Secretary to be suitable for use in carrying out the project; and
      • (ii) in the case of a project carried out under paragraph (2)(D) after June 10, 2014 , land conservation or restoration efforts undertaken by the non-Federal interest that the Secretary determines provide water quality benefits that—
        • (I) enhance the viability of oyster restoration efforts;
        • (II) are integral to the project; and
        • (III) are cost effective.
    • (C) The non-Federal interest shall be credited with the value of in-kind services provided on or after October 1, 2000 , for a project described in paragraph (1) completed on or after that date, if the Secretary determines that the work is integral to the project.
  • (5) In this subsection, the term “ecological success” means—
    • (A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; and
    • (B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus.

§ 2263a. Aquatic invasive species research

• (a) As part of the ongoing activities of the Engineer Research and Development Center to address the spread and impacts of aquatic invasive species, the Secretary shall undertake research on the management and eradication of aquatic invasive species, including Asian carp and zebra mussels.
• (b) In carrying out subsection (a), the Secretary shall work with Corps of Engineers district offices representing diverse geographical regions of the continental United States that are impacted by aquatic invasive species, such as the Atlantic, Pacific, and Gulf coasts and the Great Lakes.
• (c) Not later than 180 days after October 23, 2018 , 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 recommending a plan to address the spread and impacts of aquatic invasive species.

§ 2264. Deauthorization of studies

• (a) Notwithstanding section 3003 of Public Law 104–66 ( 31 U.S.C. 1113 note; 109 Stat. 734 ), not later than one year after November 17, 1986 , and annually thereafter, the Secretary shall submit to Congress a list of incomplete water resources studies which have been authorized, but for which no funds have been appropriated during the 5 full fiscal years preceding the submission of such list. For each such study the Secretary shall include the following information:
  • (1) the date of authorization and the manner in which the study was authorized;
  • (2) a description of the purposes of the study;
  • (3) a description of funding that has been made available for the study;
  • (4) a description of any work that has been performed in carrying out the study and the results and conclusions, if any, of such work; and
  • (5) a description of any work that remains to be done in carrying out the study and the time necessary for and estimated cost of completing such work.
• (b) Each study included in a list under subsection (a) is not authorized on and after the 90th day following the submission to Congress of such list if no funds have been appropriated for such study after the list is submitted and before such 90th day.

§ 2265. Columbia River/Arkansas River Basin transfers

• (a) No Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Columbia River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States.
• (b) For a period of 5 years after November 17, 1986 , no Federal agency shall study or participate in the study of any regional or river basin plan or any plan for any Federal water and related land resource project which has as its objective the transfer of water from the Arkansas River Basin to any other region or any other major river basin of the United States, unless such study is approved by the Governors of all affected States.

§ 2266. Canadian tidal power study

• (a) The Secretary, after consultation with the National Oceanic and Atmospheric Administration, the National Marine Fisheries Service, the United States Fish and Wildlife Service, and other appropriate governmental agencies, and the National Research Council of the National Academy of Sciences, is authorized and directed to undertake studies to identify the impacts on the United States of potential Canadian tidal power development in the Bay of Fundy, and submit such studies to the appropriate committees of the Congress.
• (b) The Secretary shall conduct the studies authorized in subsection (a) of this section in two phases:
  • (1) Studies to be completed not later than October 1, 1988 , to (A) identify effects of any such projects on tidal ranges and resulting impacts to beaches and estuarine areas, and (B) identify further studies which would be needed to meet the requirements of paragraph (2) of this subsection; and
  • (2) Studies to be completed not later than October 1, 1990 , to (A) determine further environmental, social, economic, and institutional impacts of such tidal power development, and (B) determine what measures could be taken in Canada and the United States to offset or minimize any adverse impacts of such development on the United States.
• (c) In the fiscal year ending September 30, 1987 , or in any fiscal year thereafter, there is authorized to be appropriated to the Secretary the sum of $1,100,000 for the purposes of subsection (b)(1) of this section, and the sum of $8,900,000 for the purposes of subsection (b)(2) of this section, such sums to remain available until expended.

§ 2267. New York Bight study

• (a) The Secretary shall study a hydro-environmental monitoring and information system in the New York Bight in the form of a system using computerized buoys and radio telemetry that allows for the continual monitoring (at strategically located sites throughout the New York Bight) of the following: wind, wave, current, salinity and thermal gradients and sea chemistry, in order to measure the effect of changes due to air and water pollution, including changes due to continued dumping in the Bight.
• (b) In addition, the Secretary shall study a proper physical hydraulic model of the New York Bight and for such an offshore model to be tied into the existing inshore physical hydraulic model of the Port of New York and New Jersey operated by the United States Army Corps of Engineers.
• (c) The Secretary shall coordinate fully with the Administrator of the Environmental Protection Agency in carrying out the study described in this section and shall report any findings and recommendations to Congress. The Secretary and the Administrator shall also consider the views of other appropriate Federal, State, and local agencies, academic institutions, and members of the public who are concerned about water quality in the New York Bight.
• (d) There is authorized to be appropriated not more than $1,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991.

§ 2267a. Watershed and river basin assessments

• (a) The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to—
  • (1) ecosystem protection and restoration;
  • (2) flood damage reduction;
  • (3) navigation and ports;
  • (4) watershed protection;
  • (5) water supply; and
  • (6) drought preparedness.
• (b) An assessment under subsection (a) shall be carried out in cooperation and coordination with—
  • (1) the Secretary of the Interior;
  • (2) the Secretary of Agriculture;
  • (3) the Secretary of Commerce;
  • (4) the Administrator of the Environmental Protection Agency; and
  • (5) the heads of other appropriate agencies.
• (c) In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities.
• (d) In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to—
  • (1) the Delaware River basin;
  • (2) the Kentucky River basin;
  • (3) the Potomac River basin;
  • (4) the Susquehanna River basin;
  • (5) the Willamette River basin;
  • (6) Tuscarawas River Basin, Ohio;
  • (7) Sauk River Basin, Snohomish and Skagit Counties, Washington;
  • (8) Niagara River Basin, New York;
  • (9) Genesee River Basin, New York; and
  • (10) White River Basin, Arkansas and Missouri.
• (e) In carrying out an assessment under subsection (a), the Secretary may accept contributions, in cash or in kind, from Federal, tribal, State, interstate, and local governmental entities to the extent that the Secretary determines that the contributions will facilitate completion of the assessment.
• (f)
  • (1) The non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000 , shall be 25 percent.
  • (2)
    • (A) Subject to subparagraph (B), the Secretary may credit toward the non-Federal share of an assessment under this section the cost of services, materials, supplies, or other in-kind contributions provided by the non-Federal interests for the assessment.
    • (B) The credit under subparagraph (A) may not exceed an amount equal to 25 percent of the costs of the assessment.

§ 2267b. Post-disaster watershed assessments

• (a)
  • (1) In an area that the President has declared a major disaster in accordance with section 5170 of title 42 , the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, ecosystem restoration, or navigation project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.
  • (2) A watershed assessment carried out paragraph 1 1 So in original. Probably should be preceded by “under”. (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b)(1).
  • (3) In carrying out a watershed assessment under paragraph (1), the Secretary shall use all existing watershed assessments and related information developed by the Secretary or other Federal, State, or local entities.
• (b)
  • (1) The Secretary may carry out projects identified under a watershed assessment under subsection (a) in accordance with the criteria for projects carried out under one of the following authorities:
    • (A) Section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ).
    • (B) Section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ).
    • (C) Section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ).
    • (D) Section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ).
    • (E) Section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ).
    • (F) Section 3 of the Act of August 13, 1946 ( 33 U.S.C. 426g ).
  • (2) For each project that does not meet the criteria under paragraph (1), the Secretary shall include a recommendation relating to the project in the annual report submitted to Congress by the Secretary in accordance with section 2282d of this title .
  • (3) In carrying out a project under paragraph (1), the Secretary shall—
    • (A) to the maximum extent practicable, use all existing information and studies available for the project; and
    • (B) not require any element of a study completed for the project prior to the disaster to be repeated.
• (c) All requirements applicable to a project under the Acts described in subsection (b) shall apply to the project.
• (d) A watershed assessment under subsection (a) shall be initiated not later than 2 years after the date on which the major disaster declaration is issued.
• (e)
  • (1) For any major disaster declared in a territory of the United States before October 23, 2018 , all activities in the territory carried out or undertaken pursuant to the authorities described in this section shall be conducted at full Federal expense unless the President determines that the territory has the ability to pay the cost share for an assessment under this section without the use of loans.
  • (2) In this subsection, the term “territory of the United States” means an insular area specified in section 2310(a)(1) of this title .

§ 2268. Marine technology review

• (a) The Secretary is authorized to conduct such studies as are necessary to provide a report to Congress on the dredging needs of the national ports and harbors of the United States. The report shall include existing and projected future project depths, types and sizes of ships in use, and world trade patterns, an assessment of the future national waterside infrastructure needs, and a comparison of drafts of United States and selected world ports.
• (b) There is authorized to be appropriated $2,500,000 to carry out this section for fiscal years beginning after September 30, 1992 . Such sums shall remain available until expended.

§ 2269. Tribal partnership program

• (a) In this section, the term “Indian tribe” has the meaning given the term in section 5304 of title 25 .
• (b)
  • (1) In cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects, that—
    • (A) will substantially benefit Indian tribes; and
    • (B) are located primarily within Indian country (as defined in section 1151 of title 18 , and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages.
  • (2) An activity conducted under paragraph (1) may address—
    • (A) projects for flood damage reduction, environmental restoration and protection, and preservation of cultural and natural resources;
    • (B) watershed assessments and planning activities; and
    • (C) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate.
  • (3)
    • (A) On the request of an Indian tribe, the Secretary shall conduct a study on, and provide to the Indian tribe a report describing, the feasibility of a water resources development project described in paragraph (1).
    • (B) A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project.
  • (4)
    • (A) The Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $12,500,000.
    • (B) If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $12,500,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element.
• (c)
  • (1) In recognition of the unique role of the Secretary of the Interior concerning trust responsibilities with Indian tribes and in recognition of mutual trust responsibilities, the Secretary shall consult with the Secretary of the Interior concerning an activity conducted under subsection (b).
  • (2) The Secretary shall—
    • (A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and
    • (B) consider the authorities and programs of the Department of the Interior and other Federal agencies in any recommendations concerning an activity conducted under subsection (b).
• (d)
  • (1)
    • (A) Any cost-sharing agreement for an activity conducted under subsection (b) shall be subject to the ability of the non-Federal interest to pay.
    • (B)
      • (i) The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
      • (ii) Not later than 180 days after June 10, 2014 , the Secretary shall issue guidance on the procedures described in clause (i).
  • (2) The Secretary may credit toward the non-Federal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest.
  • (3) The Secretary shall not require an Indian tribe to waive the sovereign immunity of the Indian tribe as a condition to entering into a cost-sharing agreement under this subsection.
  • (4)
    • (A) The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent.
    • (B) The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 2211 and 2213 of this title and shared in the same percentages as the purposes to which the costs are assigned.
  • (5)
    • (A) The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent.
    • (B) The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 50 percent.
• (e) The Secretary is authorized to carry out activities under this section for fiscal years 2015 through 2024.

§ 2280. Maximum cost of projects

• (a) In order to insure against cost overruns, each total cost set forth with respect to a project for water resources development and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988, or in an amendment made by this Act or any later law with respect to such a project shall be the maximum cost of that project, except that such maximum amount—
  • (1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act, in any later law, or in an amendment made by this Act or any later law; and
  • (2) shall be automatically increased for—
    • (A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act or any later law (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and
    • (B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or any later law or required by changes in Federal law.
• (b) Notwithstanding subsection (a), in accordance with section 701h of this title , the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project.

§ 2281. Matters to be addressed in planning

• (a) Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and evaluation of water resources projects to be carried out by the Secretary, and the associated benefits and costs, both quantifiable and unquantifiable, and information regarding potential loss of human life that may be associated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects.
• (b) For all feasibility reports for water resources projects completed after December 31, 2007 , the Secretary shall assess whether—
  • (1) the water resources project and each separable element is cost-effective; and
  • (2) the water resources project complies with Federal, State, and local laws (including regulations) and public policies.

§ 2282. Feasibility reports

• (a)
  • (1) In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to section 2215 of this title .
  • (2) A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project.
  • (3) This subsection shall not apply to—
    • (A) any study with respect to which a report has been submitted to Congress before November 17, 1986 ;
    • (B) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b); 1 1 See References in Text note below.
    • (C) any study for a project which does not require specific authorization by Congress in law or otherwise; and
    • (D) general studies not intended to lead to recommendation of a specific water resources project.
  • (4) In this subsection, the term “feasibility report” means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a project implementation report prepared under title VI of the Water Resources Development Act of 2000 ( 114 Stat. 2680–2694 ), a general reevaluation report, and a limited reevaluation report.
• (b)
• (c) In the case of any water resources project-related study authorized to be undertaken by the Secretary without specific authorization by Congress in law or otherwise, the Secretary shall prepare a detailed project report.
• (d) For purposes of studies undertaken pursuant to this section, the Secretary is authorized to consider benefits which may accrue to Indian tribes as a result of a project resulting from such a study.
• (e) The Secretary shall undertake such measures as are necessary to ensure that standard and uniform procedures and practices are followed by each district office (and each division office for any area in which there is no district office) of the United States Army Corps of Engineers in the preparation of feasibility reports on water resources projects.
• (f)
  • (1) The Secretary shall establish procedures to enhance public participation in the development of each feasibility study under subsection (a), including, if appropriate, establishment of a stakeholder advisory group to assist the Secretary with the development of the study.
  • (2) If the Secretary provides for the establishment of a stakeholder advisory group under this subsection, the membership of the advisory group shall include balanced representation of social, economic, and environmental interest groups, and such members shall serve on a voluntary, uncompensated basis.
  • (3) Procedures established under this subsection shall not delay development of any feasibility study under subsection (a).
• (g)
  • (1) Not later than 180 days after June 10, 2014 , the Secretary shall determine a set of milestones needed for the completion of a feasibility study under this subsection, including all major actions, report submissions and responses, reviews, and comment periods.
  • (2) Each District Engineer shall, to the maximum extent practicable, establish a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to feasibility studies in the District developed by the Secretary under paragraph (1).
  • (3) Each District Engineer shall submit by certified mail the detailed project schedule under paragraph (2) to each relevant non-Federal interest—
    • (A) for projects that have received funding from the General Investigations Account of the Corps of Engineers in the period beginning on October 1, 2009 , and ending on June 10, 2014 , not later than 180 days after the establishment of milestones under paragraph (1); and
    • (B) for projects for which a feasibility cost-sharing agreement is executed after the establishment of milestones under paragraph (1), not later than 90 days after the date on which the agreement is executed.
  • (4) Beginning in the first full fiscal year after June 10, 2014 , the Secretary shall—
    • (A) submit an annual report that lists all detailed project schedules under paragraph (2) and an explanation of any missed deadlines to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
    • (B) make publicly available, including on the Internet, a copy of the annual report described in subparagraph (A) not later than 14 days after date 2 2 So in original. Probably should be preceded by “the”. on which a report is submitted to Congress.
  • (5) If a District Engineer fails to meet any of the deadlines in the project schedule under paragraph (2), the District Engineer shall—
    • (A) not later than 30 days after each missed deadline, submit to the non-Federal interest a report detailing—
      • (i) why the District Engineer failed to meet the deadline; and
      • (ii) a revised project schedule reflecting amended deadlines for the feasibility study; and
    • (B) not later than 30 days after each missed deadline, make publicly available, including on the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).

§ 2282a. Planning

• (a)
• (b) The Chief of Engineers—
  • (1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and
  • (2) not later than one year after November 8, 2007 , shall—
    • (A) issue procedures for risk analysis for cost estimation for water resources projects; and
    • (B) submit to Congress a report that includes any recommended amendments to section 2280 of this title .
• (c)
  • (1) Not later than 12 months after November 8, 2007 , the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
  • (2) The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
• (d) A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs—
  • (1) a calculation of the residual risk of flooding following completion of the proposed project;
  • (2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;
  • (3) a calculation of any upstream or downstream impacts of the proposed project; and
  • (4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.
• (e)
  • (1) The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.
  • (2) A center of expertise established under this subsection shall—
    • (A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;
    • (B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;
    • (C) provide support for independent peer review panels under section 2343 of this title ; and
    • (D) carry out such other duties as are prescribed by the Secretary.
  • (3)
    • (A) The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.
    • (B) Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of the grade levels and expertise of each of the personnel assigned to the center described in subparagraph (A).
• (f)
  • (1)
    • (A) Feasibility and other studies and assessments for a water resources project shall include recommendations for alternatives—
      • (i) that, as determined in coordination with the non-Federal interest for the project, promote integrated water resources management; and
      • (ii) for which the non-Federal interest is willing to provide the non-Federal share for the studies or assessments.
    • (B) The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy.
    • (C) The reports of the Chief of Engineers shall identify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.
  • (2) The completion of a report of the Chief of Engineers for a water resources project—
    • (A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; and
    • (B) shall be submitted, on completion, to—
      • (i) the Committee on Environment and Public Works of the Senate; and
      • (ii) the Committee on Transportation and Infrastructure of the House of Representatives.
• (g)
  • (1) Except as provided in paragraph (2), not later than 120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resources project, the Secretary shall—
    • (A) review the report; and
    • (B) provide any recommendations of the Secretary regarding the water resources project to Congress.
  • (2) Not later than 180 days after November 8, 2007 , with respect to any report of the Chief of Engineers recommending a water resources project that is complete prior to November 8, 2007 , the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).

§ 2282b. Submission of reports to Congress

Beginning on January 17, 2014 , and hereafter, not later than 120 days after the date of the Chief of Engineers Report on a water resource matter, the Assistant Secretary of the Army (Civil Works) shall submit the report to the appropriate authorizing and appropriating committees of the Congress.

§ 2282c. Vertical integration and acceleration of studies

• (a) To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014 , under section 2282(a) of this title shall—
  • (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation;
  • (2) have a maximum Federal cost of $3,000,000; and
  • (3) ensure that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under that section.
• (b) If the Secretary determines that a feasibility study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall—
  • (1) prepare an updated feasibility study schedule and cost estimate;
  • (2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been delayed; and
  • (3) provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the reasons the requirements of subsection (a) are not attainable.
• (c) A feasibility study for which the Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year period beginning on the date of the determination if the Secretary has not completed the study on or before such last day.
• (d)
  • (1) Notwithstanding the requirements of subsection (c), the Secretary may extend the timeline of a study by a period not to exceed 3 years, if the Secretary determines that the feasibility study is too complex to comply with the requirements of subsections (a) and (c).
  • (2) In making a determination that a study is too complex to comply with the requirements of subsections (a) and (c), the Secretary shall consider—
    • (A) the type, size, location, scope, and overall cost of the project;
    • (B) whether the project will use any innovative design or construction techniques;
    • (C) whether the project will require significant action by other Federal, State, or local agencies;
    • (D) whether there is significant public dispute as to the nature or effects of the project; and
    • (E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project.
  • (3) Each time the Secretary makes a determination under this subsection, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as to the results of that determination, including an identification of the specific 1 or more factors used in making the determination that the project is complex.
  • (4) The Secretary shall not extend the timeline for a feasibility study for a period of more than 10 years, and any feasibility study that is not completed before that date shall no longer be authorized.
• (e) Not later than 90 days after the date of the initiation of a study described in subsection (a) for a project, the Secretary shall—
  • (1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1005;
  • (2) convene a meeting of all Federal, tribal, and State agencies identified under section 2348(e) of this title that may be required by law to conduct or issue a review, analysis, or opinion on or to make a determination concerning a permit or license for the study; and
  • (3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner.
• (f) Not later than 18 months after June 10, 2014 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes—
  • (1) the status of the implementation of the planning process under this section, including the number of participating projects;
  • (2) a review of project delivery schedules, including a description of any delays on those studies participating in the planning process under this section; and
  • (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process for water resource projects.
• (g) Not later than 4 years after June 10, 2014 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that describes—
  • (1) the status of the implementation of this section, including a description of each feasibility study subject to the requirements of this section;
  • (2) the amount of time taken to complete each feasibility study; and
  • (3) any recommendations for additional authority necessary to support efforts to expedite the feasibility study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation.

§ 2282d. Annual report to Congress

• (a) Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report, to be entitled “Report to Congress on Future Water Resources Development”, that identifies the following:
  • (1) Each feasibility report that meets the criteria established in subsection (c)(1)(A).
  • (2) Any proposed feasibility study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A).
  • (3) Any proposed modification to an authorized water resources development project or feasibility study that meets the criteria established in subsection (c)(1)(A) that—
    • (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or
    • (B) is identified by the Secretary for authorization.
  • (4) Any programmatic modification for an environmental infrastructure assistance program.
• (b)
  • (1) Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed feasibility studies, proposed modifications to authorized water resources development projects and feasibility studies, and proposed modifications for an environmental infrastructure program to be included in the annual report.
  • (2) The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report.
  • (3) On the date of publication of each notice required by this subsection, the Secretary shall—
    • (A) make the notice publicly available, including on the Internet; and
    • (B) provide written notification of the publication to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
• (c)
  • (1)
    • (A) The Secretary shall include in the annual report only those feasibility reports, proposed feasibility studies, and proposed modifications to authorized water resources development projects and feasibility studies that—
      • (i) are related to the missions and authorities of the Corps of Engineers;
      • (ii) require specific congressional authorization, including by an Act of Congress;
      • (iii) have not been congressionally authorized;
      • (iv) have not been included in any previous annual report; and
      • (v) if authorized, could be carried out by the Corps of Engineers.
    • (B)
      • (i) The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study).
      • (ii) The benefits (or expected benefits, in the case of a proposed feasibility study) described in this clause are benefits to—
        • (I) the protection of human life and property;
        • (II) improvement to transportation;
        • (III) the national economy;
        • (IV) the environment; or
        • (V) the national security interests of the United States.
    • (C) The Secretary shall identify in the annual report, to the extent practicable—
      • (i) for each proposed feasibility study included in the annual report, the non-Federal interest that submitted the proposed feasibility study pursuant to subsection (b); and
      • (ii) for each proposed feasibility study and proposed modification to an authorized water resources development project or feasibility study included in the annual report, whether the non-Federal interest has demonstrated—
        • (I) that local support exists for the proposed feasibility study or proposed modification to an authorized water resources development project or feasibility study (including the water resources development project that is the subject of the proposed feasibility study or the proposed modification to an authorized feasibility study); and
        • (II) the financial ability to provide the required non-Federal cost share.
  • (2) The Secretary shall include in the annual report, for each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included under paragraph (1)(A)—
    • (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of—
      • (i) the feasibility report;
      • (ii) the proposed feasibility study;
      • (iii) the authorized feasibility study for which the modification is proposed; or
      • (iv) construction of—
        • (I) the water resources development project that is the subject of—
        • (II) the proposed modification to an authorized water resources development project;
    • (B) a letter or statement of support for the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study from each associated non-Federal interest;
    • (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to an authorized water resources development project or feasibility study;
    • (D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of—
      • (i) the proposed modification to an authorized feasibility study; and
      • (ii) construction of—
        • (I) the water resources development project that is the subject of—
        • (II) the proposed modification to an authorized water resources development project; and
    • (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
      • (i) the water resources development project that is the subject of—
        • (I) the feasibility report; or
        • (II) the authorized feasibility study for which a modification is proposed, with respect to the benefits of such modification; or
      • (ii) the proposed modification to an authorized water resources development project.
  • (3) The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to an authorized water resources development project or feasibility study included in the annual report meets the criteria established in paragraph (1)(A).
  • (4)
    • (A) The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph.
    • (B) In carrying out the activities described in this section—
      • (i) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of the Secretary’s determination that the proposal requires legislative changes to an authorized water resources development project, feasibility study, or environmental infrastructure program; and
      • (ii) the Secretary shall not include proposals in the appendix of the annual report that otherwise meet the criteria for inclusion in the annual report solely on the basis of a policy of the Secretary.
• (d) The Secretary shall include in the annual report only proposed modifications for an environmental infrastructure assistance program that have not been included in any previous annual report. For each proposed modification, the Secretary shall include a letter or statement of support for the proposed modification from each associated non-Federal interest, description of assistance provided, and total Federal cost of assistance provided.
• (e) Notwithstanding any other deadlines required by this section, the Secretary shall—
  • (1) not later than 60 days after June 10, 2014 , publish in the Federal Register a notice required by subsection (b)(1); and
  • (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section.
• (f) Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet.
• (g) In this section:
  • (1) The term “annual report” means a report required by subsection (a).
  • (2)
    • (A) The term “feasibility report” means a final feasibility report developed under section 2282 of this title .
    • (B) The term “feasibility report” includes—
      • (i) a report described in section 2215(d)(2) of this title ; and
      • (ii) where applicable, any associated report of the Chief of Engineers.
  • (3) The term “feasibility study” has the meaning given that term in section 2215 of this title .
  • (4) The term “non-Federal interest” has the meaning given that term in section 1962d–5b of title 42 .
  • (5) The term “water resources development project” includes a project under an environmental infrastructure assistance program if authorized before December 16, 2016 .

§ 2282e. Post-authorization change reports

• (a) The completion of a post-authorization change report prepared by the Corps of Engineers for a water resources development project—
  • (1) may not be delayed as a result of consideration being given to changes in policy or priority with respect to project consideration; and
  • (2) shall be submitted, upon completion, to—
    • (A) the Committee on Environment and Public Works of the Senate; and
    • (B) the Committee on Transportation and Infrastructure of the House of Representatives.
• (b) With respect to a post-authorization change report subject to review by the Secretary, the Secretary shall, not later than 120 days after the date of completion of such report—
  • (1) review the report; and
  • (2) provide to Congress any recommendations of the Secretary regarding modification of the applicable water resources development project.
• (c) Not later than 120 days after December 16, 2016 , with respect to any post-authorization change report that was completed prior to December 16, 2016 , and is subject to a review by the Secretary that has yet to be completed, the Secretary shall complete review of, and provide recommendations to Congress with respect to, the report.
• (d) In this section, the term “post-authorization change report” includes—
  • (1) a general reevaluation report;
  • (2) a limited reevaluation report; and
  • (3) any other report that recommends the modification of an authorized water resources development project.

§ 2283. Fish and wildlife mitigation

• (a)
  • (1) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986 , construction of which has not commenced as of November 17, 1986 , and which necessitates the mitigation of fish and wildlife losses, including the acquisition of lands or interests in lands to mitigate losses to fish and wildlife, as a result of such project, such mitigation, including acquisition of the lands or interests—
    • (A) shall be undertaken or acquired before any construction of the project (other than such acquisition) commences, or
    • (B) shall be undertaken or acquired concurrently with lands and interests in lands for project purposes (other than mitigation of fish and wildlife losses),
  • (2) For the purposes of this subsection, any project authorized before November 17, 1986 , on which more than 50 percent of the land needed for the project, exclusive of mitigation lands, has been acquired shall be deemed to have commenced construction under this subsection.
• (b)
  • (1) After consultation with appropriate Federal and non-Federal agencies, the Secretary is authorized to mitigate damages to fish and wildlife resulting from any water resources project under his jurisdiction, whether completed, under construction, or to be constructed. Such mitigation may include the acquisition of lands, or interests therein, except that—
    • (A) acquisition under this paragraph shall not be by condemnation in the case of projects completed as of November 17, 1986 , or on which at least 10 percent of the physical construction on the project has been completed as of November 17, 1986 ; and
    • (B) acquisition of water, or interests therein, under this paragraph, shall not be by condemnation.
  • (2) Whenever, after his review, the Secretary determines that such mitigation features under this subsection are likely to require condemnation under subparagraph (A) or (B) of paragraph (1) of this subsection, the Secretary shall transmit to Congress a report on such proposed modification, together with his recommendations.
• (c) Costs incurred after November 17, 1986 , including lands, easements, rights-of-way, and relocations, for implementation and operation, maintenance, and rehabilitation to mitigate damages to fish and wildlife shall be allocated among authorized project purposes in accordance with applicable cost allocation procedures, and shall be subject to cost sharing or reimbursement to the same extent as such other project costs are shared or reimbursed, except that when such costs are covered by contracts entered into prior to November 17, 1986 , such costs shall not be recovered without the consent of the non-Federal interests or until such contracts are complied with or renegotiated.
• (d)
  • (1) After November 17, 1986 , the Secretary shall not submit any proposal for the authorization of any water resources project to Congress in any report, and shall not select a project alternative in any report, unless such report contains (A) a recommendation with a specific plan to mitigate for damages to ecological resources, including terrestrial and aquatic resources, and fish and wildlife losses created by such project, or (B) a determination by the Secretary that such project will have negligible adverse impact on ecological resources and fish and wildlife without the implementation of mitigation measures. Specific mitigation plans shall ensure that impacts to bottomland hardwood forests are mitigated in-kind, and other habitat types are mitigated to not less than in-kind conditions, to the extent possible. If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the requirements of this section and the goals of section 2317(a)(1) of this title . In carrying out this subsection, the Secretary shall consult with appropriate Federal and non-Federal agencies.
  • (2) The Secretary shall select and design mitigation projects using a watershed approach to reflect contemporary understanding of the science of mitigating the adverse environmental impacts of water resources projects.
  • (3)
    • (A) To mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from a water resources project, the Secretary shall ensure that the mitigation plan for each water resources project complies with, at a minimum, the mitigation standards and policies established pursuant to the regulatory programs administered by the Secretary.
    • (B) A specific mitigation plan for a water resources project under paragraph (1) shall include, at a minimum—
      • (i) a plan for monitoring the implementation and ecological success of each mitigation measure, including the cost and duration of any monitoring, and, to the extent practicable, a designation of the entities that will be responsible for the monitoring;
      • (ii) the criteria for ecological success by which the mitigation will be evaluated and determined to be successful based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics;
      • (iii) for projects where mitigation will be carried out by the Secretary—
        • (I) a description of the land and interest in land to be acquired for the mitigation plan;
        • (II) the basis for a determination that the land and interests are available for acquisition; and
        • (III) a determination that the proposed interest sought does not exceed the minimum interest in land necessary to meet the mitigation requirements for the project;
      • (iv) for projects where mitigation will be carried out through a third party mitigation arrangement in accordance with subsection (i)—
        • (I) a description of the third party mitigation instrument to be used; and
        • (II) the basis for a determination that the mitigation instrument can meet the mitigation requirements for the project;
      • (v) a description of—
        • (I) the types and amount of restoration activities to be conducted;
        • (II) the physical action to be undertaken to achieve the mitigation objectives within the watershed in which such losses occur and, in any case in which the mitigation will occur outside the watershed, a detailed explanation for undertaking the mitigation outside the watershed; and
        • (III) the functions and values that will result from the mitigation plan; and
      • (vi) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that mitigation measures are not achieving ecological success in accordance with criteria under clause (ii).
    • (C) In any case in which it is not practicable to identify in a mitigation plan for a water resources project the entity responsible for monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, such entity shall be identified in the partnership agreement entered into with the non-Federal interest under section 1962d–5b of title 42 .
  • (4)
    • (A) A mitigation plan under this subsection shall be considered to be successful at the time at which the criteria under paragraph (3)(B)(ii) are achieved under the plan, as determined by monitoring under paragraph (3)(B)(i).
    • (B) In determining whether a mitigation plan is successful under subparagraph (A), the Secretary shall consult annually with appropriate Federal agencies and each State in which the applicable project is located on at least the following:
      • (i) The ecological success of the mitigation as of the date on which the report is submitted.
      • (ii) The likelihood that the mitigation will achieve ecological success, as defined in the mitigation plan.
      • (iii) The projected timeline for achieving that success.
      • (iv) Any recommendations for improving the likelihood of success.
  • (5) Mitigation monitoring shall continue until it has been demonstrated that the mitigation has met the ecological success criteria.
• (e) In those cases when the Secretary, as part of any report to Congress, recommends activities to enhance fish and wildlife resources, the first costs of such enhancement shall be a Federal cost when—
  • (1) such enhancement provides benefits that are determined to be national, including benefits to species that are identified by the National Marine Fisheries Service as of national economic importance, species that are subject to treaties or international convention to which the United States is a party, and anadromous fish;
  • (2) such enhancement is designed to benefit species that have been listed as threatened or endangered by the Secretary of the Interior under the terms of the Endangered Species Act, as amended ( 16 U.S.C. 1531 , et seq.), or
  • (3) such activities are located on lands managed as a national wildlife refuge.
• (f) Fish and wildlife enhancement measures carried out as part of the project for Atchafalaya Floodway System, Louisiana, authorized by Public Law 99–88 , and the project for Mississippi Delta Region, Louisiana, authorized by the Flood Control Act of 1965, shall be considered to provide benefits that are national for purposes of this section.
• (g) The provisions of subsections (a), (b), and (d) shall be deemed to supplement the responsibility and authority of the Secretary pursuant to the Fish and Wildlife Coordination Act [ 16 U.S.C. 661 et seq.], and nothing in this section is intended to affect that Act.
• (h)
  • (1) The Secretary may develop programmatic mitigation plans to address the potential impacts to ecological resources, fish, and wildlife associated with existing or future Federal water resources development projects.
  • (2) The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans developed in accordance with this subsection to guide the development of a mitigation plan under subsection (d).
  • (3) The Secretary shall, to the maximum extent practicable and subject to all conditions of this subsection, use programmatic environmental plans developed by a State, a body politic of the State, which derives its powers from a State constitution, a government entity created by State legislation, or a local government, that meet the requirements of this subsection to address the potential environmental impacts of existing or future water resources development projects.
  • (4) A programmatic mitigation plan developed by the Secretary or an entity described in paragraph (3) to address potential impacts of existing or future water resources development projects shall, to the maximum extent practicable—
    • (A) be developed on a regional, ecosystem, watershed, or statewide scale;
    • (B) include specific goals for aquatic resource and fish and wildlife habitat restoration, establishment, enhancement, or preservation;
    • (C) identify priority areas for aquatic resource and fish and wildlife habitat protection or restoration;
    • (D) include measures to protect or restore habitat connectivity;
    • (E) encompass multiple environmental resources within a defined geographical area or focus on a specific resource, such as aquatic resources or wildlife habitat; and
    • (F) address impacts from all projects in a defined geographical area or focus on a specific type of project.
  • (5) The scope of the plan shall be determined by the Secretary or an entity described in paragraph (3), as appropriate, in consultation with the agency with jurisdiction over the resources being addressed in the environmental mitigation plan.
  • (6) A programmatic environmental mitigation plan may include—
    • (A) an assessment of the condition of environmental resources in the geographical area covered by the plan, including an assessment of recent trends and any potential threats to those resources;
    • (B) an assessment of potential opportunities to improve the overall quality of environmental resources in the geographical area covered by the plan through strategic mitigation for impacts of water resources development projects;
    • (C) standard measures for mitigating certain types of impacts, including impacts to habitat connectivity;
    • (D) parameters for determining appropriate mitigation for certain types of impacts, such as mitigation ratios or criteria for determining appropriate mitigation sites;
    • (E) adaptive management procedures, such as protocols that involve monitoring predicted impacts over time and adjusting mitigation measures in response to information gathered through the monitoring;
    • (F) acknowledgment of specific statutory or regulatory requirements that must be satisfied when determining appropriate mitigation for certain types of resources; and
    • (G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource restoration and protection.
  • (7) Before adopting a programmatic environmental mitigation plan for use under this subsection, the Secretary shall—
    • (A) for a plan developed by the Secretary—
      • (i) make a draft of the plan available for review and comment by applicable environmental resource agencies and the public; and
      • (ii) consider any comments received from those agencies and the public on the draft plan; and
    • (B) for a plan developed under paragraph (3), determine, not later than 180 days after receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and was made available for public comment.
  • (8) A programmatic environmental mitigation plan may be integrated with other plans, including watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use plans.
  • (9) If a programmatic environmental mitigation plan has been developed under this subsection, any Federal agency responsible for environmental reviews, permits, or approvals for a water resources development project may use the recommendations in that programmatic environmental mitigation plan when carrying out the responsibilities of the agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
  • (10) Nothing in this subsection limits the use of programmatic approaches to reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
  • (11) Nothing in this subsection—
    • (A) requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or
    • (B) affects the mitigation responsibilities of the Secretary under any other provision of law.
• (i)
  • (1) In accordance with all applicable Federal laws (including regulations), mitigation efforts carried out under this section may include—
    • (A) participation in mitigation banking or other third-party mitigation arrangements, such as—
      • (i) the purchase of credits from commercial or State, regional, or local agency-sponsored mitigation banks; and
      • (ii) the purchase of credits from in-lieu fee mitigation programs; and
    • (B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands if the Secretary determines that the contributions will ensure that the mitigation requirements of this section and the goals of section 2317(a)(1) of this title will be met.
  • (2) The banks, programs, and efforts described in paragraph (1) include any banks, programs, and efforts developed in accordance with applicable law (including regulations).
  • (3) In carrying out natural habitat and wetlands mitigation efforts under this section, contributions to the mitigation effort may—
    • (A) take place concurrent with, or in advance of, the commitment of funding to a project; and
    • (B) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and water resources development planning processes.
  • (4) At the request of the non-Federal project sponsor, preference may be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project has been approved by the applicable Federal agency.
• (j)
  • (1) The Secretary, with the consent of the applicable non-Federal interest, may use funds made available for preconstruction engineering and design after authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section.
  • (2) Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall notify the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate.
• (k) The Secretary shall consult with interested members of the public, the Director of the United States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, States, including State fish and game departments, and interested local governments to identify standard measures under subsection (h)(6)(C) that reflect the best available scientific information for evaluating habitat connectivity.

§ 2283a. Status report

• (1) Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, 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 on the status of construction of projects that require mitigation under section 2283 of this title , the status of such mitigation, and the results of the consultation under subsection (d)(4)(B) of such section.
• (2) The status report shall include the status of—
  • (A) all projects that are under construction as of the date of the report;
  • (B) all projects for which the President requests funding for the next fiscal year; and
  • (C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 2283 of this title .
• (3) In reporting the status of all projects included in the report, the Secretary shall—
  • (A) use a uniform methodology for determining the status of all projects included in the report;
  • (B) use a methodology that describes both a qualitative and quantitative status for all projects in the report; and
  • (C) provide specific dates for participation in the consultations required under section 2283(d)(4)(B) of this title .
• (4) The Secretary shall make information contained in the status report available to the public, including on the Internet.

§ 2283b. Clarification of mitigation authority

• (a) The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary—
  • (1) has been explicitly authorized to compensate for fish losses associated with the project; and
  • (2) determines that the measures are—
    • (A) feasible;
    • (B) consistent with authorized project purposes and the fish hatchery; and
    • (C) in the public interest.
• (b)
  • (1) Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations.
  • (2) The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.

§ 2283c. Technical assistance

• (1) The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions.
• (2) In providing technical assistance under this section, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions.
• (3) The Secretary shall seek to ensure any technical assistance provided under this section will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2).

§ 2284. Benefits and costs attributable to environmental measures

In the evaluation by the Secretary of benefits and costs of a water resources project, the benefits attributable to measures included in a project for the purpose of environmental quality, including improvement of the environment and fish and wildlife enhancement, shall be deemed to be at least equal to the costs of such measures.

§ 2284a. Benefits to navigation

In evaluating potential improvements to navigation and the maintenance of navigation projects, the Secretary shall consider, and include for purposes of project justification, economic benefits generated by cruise ships as commercial navigation benefits.

§ 2284b. Scenic and aesthetic considerations

In conducting studies of potential water resources projects, the Secretary shall consider measures to preserve and enhance scenic and aesthetic qualities in the vicinity of such projects.

§ 2285. Environmental Protection and Mitigation Fund

There is established an Environmental Protection and Mitigation Fund. There is authorized to be appropriated to such fund $35,000,000 for fiscal years beginning after September 30, 1986 . Amounts in the fund 1 1 So in original. Probably should be capitalized. shall be available for undertaking, in advance of construction of any water resources project authorized to be constructed by the Secretary, such measures authorized as part of such project, including the acquisition of lands and interests therein, as may be necessary to ensure that project-induced losses to fish and wildlife production and habitat will be mitigated. The Secretary shall reimburse the Fund for any amounts expended under this section for a water resources project from the first appropriations made for construction, including planning and designing, of such project.

§ 2286. Acceptance of certain funds for mitigation

The Secretary is authorized to accept funds from any entity, public or private, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act [ 16 U.S.C. 839 et seq.] to be used to protect, mitigate, and enhance fish and wildlife in connection with projects constructed or operated by the Secretary. The Secretary may accept and use funds for such purposes without regard to any limitation established under any other provision of law or rule of law.

§ 2287. Continued planning and investigations

• (a) After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in section 701–1 of this title , and before authorization for construction of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without substantial controversy and justifies further engineering, economic, and environmental investigations and the Chief of Engineers transmits to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such findings. In the one-year period after authorization for construction of such project, the Chief of Engineers is authorized to undertake planning, engineering, and design for such project.
• (b)
• (c) The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization.

§ 2289. Urban and rural flood control frequency

In the preparation of feasibility reports for projects for flood damage prevention in urban and rural areas, the Secretary may consider and evaluate measures to reduce or eliminate damages from flooding without regard to frequency of flooding, drainage area, and amount of runoff. This section shall apply with respect to any project, or separable element thereof, the Federal share of the cost of which is less than $3,000,000.

§ 2289a. Consideration of measures

• (a) In this section, the following definitions apply:
  • (1) The term “natural feature” means a feature that is created through the action of physical, geological, biological, and chemical processes over time.
  • (2) The term “nature-based feature” means a feature that is created by human design, engineering, and construction to provide risk reduction by acting in concert with natural processes.
• (b) In studying the feasibility of projects for flood risk management, hurricane and storm damage reduction, and ecosystem restoration the Secretary shall, with the consent of the non-Federal sponsor of the feasibility study, consider, as appropriate—
  • (1) natural features;
  • (2) nature-based features;
  • (3) nonstructural measures; and
  • (4) structural measures.
• (c)
  • (1) Not later than February 1, 2020 , and 5 and 10 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of subsection (b).
  • (2) The report under paragraph (1) shall include, at a minimum, the following:
    • (A) A description of guidance or instructions issued, and other measures taken, by the Secretary and the Chief of Engineers to implement subsection (b).
    • (B) An assessment of the costs, benefits, impacts, and trade-offs associated with measures recommended by the Secretary for coastal risk reduction and the effectiveness of those measures.
    • (C) A description of any statutory, fiscal, or regulatory barriers to the appropriate consideration and use of a full array of measures for coastal risk reduction.

§ 2290. Flood control in Trust Territory of the Pacific Islands

The Secretary is authorized to use the authority contained in section 205 of the Flood Control Act of 1948 ( 33 U.S.C. 701s ), section 2 of the Flood Control Act of August 28, 1937 ( 33 U.S.C. 701g ), section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ), section 107 of the River and Harbor Act of 1960 ( 33 U.S.C. 577 ), section 3 of the Act entitled “An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property”, approved August 13, 1946 ( 33 U.S.C. 426g ), and section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ) in the Trust Territory of the Pacific Islands.

§ 2291. Federal Project Repayment District

• (a) The Secretary may enter into a contract providing for the payment or recovery of an appropriate share of the costs of a project under his responsibility with a Federal Project Repayment District or other political subdivision of a State prior to the construction, operation, improvement, or financing of such project. The Federal Project Repayment District shall include lands and improvements which receive identifiable benefits from the construction or operation of such project. Such districts shall be established in accordance with State law, shall have specific boundaries which may be changed from time to time based upon further evaluations of benefits, and shall have the power to recover benefits through any cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement under subsection (b).
• (b) Prior to execution of an agreement pursuant to subsection (a) of this section, the Secretary shall require and approve a study from the State or political subdivision demonstrating that the revenues to be derived from a contract under this section, or an agreement with a Federal Project Repayment District, will be sufficient to equal or exceed the cost recovery requirements over the term of repayment required by Federal law.

§ 2292. Surveying and mapping

Any surveying or mapping services to be performed in connection with a water resources project which is or has been authorized to be undertaken by the Secretary shall be procured in accordance with title IX of the Federal Property and Administrative Services Act of 1949. 1 1 See References in Text note below.

§ 2293. Reprogramming during national emergencies

• (a) In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [ 50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.
• (b) The Secretary shall immediately notify the appropriate committees of Congress of any actions taken pursuant to the authorities provided by this section, and cease to exercise such authorities not later than 180 calendar days after the termination of the state of war or national emergency, whichever occurs later.

§ 2293a. Reprogramming of funds for projects by Corps of Engineers

None of the funds made available before, on, or after June 15, 2006 , in an appropriations Act may be expended to prevent or limit any reprogramming of funds for a project to be carried out by the Corps of Engineers using funds appropriated in any Act making appropriations for energy and water development, based on whether the project was included by the President in the budget transmitted under section 1105(a) of title 31 or is otherwise proposed by the President or considered part of the budget by the Office of Management and Budget, if the project received funds in an Act making appropriations for energy and water development or any other appropriations Act making additional funds available for energy and water development.

§ 2294. Office of Environmental Policy

The Secretary shall establish in the Directorate of Civil Works of the Office of the Chief of Engineers an Office of Environmental Policy. Such Office shall be responsible for the formulation, coordination, and implementation of all matters concerning environmental quality and policy as they relate to the water resources program of the United States Army Corps of Engineers. Such Office shall, among other things, develop, and monitor compliance with, guidelines for the consideration of environmental quality in formulation and planning of water resources projects carried out by the Secretary, the preparation and coordination of environmental impact statements for such projects, and the coordination with Federal, State, and local agencies of environmental aspects of such projects and regulatory responsibilities of the Secretary.

§ 2295. Compilation of laws; annual reports

• (a) Within one year after November 17, 1986 , the laws of the United States relating to the improvement of rivers and harbors, flood control, beach erosion, and other water resources development enacted after November 8, 1966 , and before January 1, 1987 , shall be compiled under the direction of the Secretary and the Chief of Engineers and printed for the use of the Department of the Army, the Congress, and the general public. The Secretary shall reprint the volumes containing such laws enacted before November 8, 1966 . In addition, the Secretary shall include an index in each volume so compiled or reprinted. The Secretary shall transmit copies of each such volume to Congress.
• (b) The Secretary shall prepare and submit the annual report required by section 556 of this title , in two volumes. Volume I shall consist of a summary and highlights of Corps of Engineers’ activities, authorities, and accomplishments. Volume II shall consist of detailed information and field reports on Corps of Engineers’ activities. The Secretary shall publish an index with each annual report.
• (c) The Secretary shall prepare biennially for public information a report for each State containing a description of each water resources project under the jurisdiction of the Secretary in such State and the status of each such project. Each report shall include an index. The report for each State shall be prepared in a separate volume. The reports under this subsection shall be published at the same time and the first such reports shall be published not later than one year after November 17, 1986 .

§ 2296. Acquisition of recreation lands

• (a) In the case of any water resources project which is authorized to be constructed by the Secretary before, on, or after November 17, 1986 , construction of which has not commenced before November 17, 1986 , and which involves the acquisition of lands or interests in lands for recreation purposes, such lands or interests shall be acquired along with the acquisition of lands and interests in lands for other project purposes.
• (b) The Secretary is authorized to acquire real property by condemnation, purchase, donation, exchange, or otherwise, as a part of any water resources development project for use for public park and recreation purposes, including but not limited to, real property not contiguous to the principal part of the project.

§ 2297. Operation and maintenance on recreation lands

The Secretary shall not require, under section 460d of title 16 , and the Federal Water Project Recreation Act [ 16 U.S.C. 460 l –12 et seq.], non-Federal interests to assume operation and maintenance of any recreational facility operated by the Secretary at any water resources project as a condition to the construction of new recreational facilities at such project or any other water resources project.

§ 2298. Impact of proposed projects on existing recreation facilities

Any report describing a project having recreation benefits that is submitted after November 17, 1986 , to the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives by the Secretary, or by the Secretary of Agriculture under authority of the Watershed Protection and Flood Protection Act ( 68 Stat. 666 ; 16 U.S.C. 1001 et seq.), shall describe the usage of other, similar public recreational facilities within the general area of the project, and the anticipated impact of the proposed project on the usage of such existing recreational facilities.

§ 2299. Acquisition of beach fill

Notwithstanding any other provision of law, in any case in which the use of fill material for beach erosion and beach nourishment is authorized as a purpose of an authorized water resources project, the Secretary is authorized to acquire by purchase, exchange, or otherwise from nondomestic sources and utilize such material for such purposes if such materials are not available from domestic sources for environmental or economic reasons.

§ 2300. Study of Corps capabilities

The Secretary shall study and evaluate the measures necessary to increase the capabilities of the United States Army Corps of Engineers to undertake the planning and construction of water resources projects on an expedited basis and to adequately comply with all requirements of law applicable to the water resources program of the Corps of Engineers. As part of such study the Secretary shall consider appropriate measures to increase reliance on the private sector in the conduct of the water resources program of the Corps of Engineers. The Secretary shall implement such measures as may be necessary to improve the capabilities referred to in the first sentence of this section, including the establishment of increased levels of personnel, changes in project planning and construction procedures designed to lessen the time required for such planning and construction, and procedures for expediting the coordination of water resources projects with Federal, State, and local agencies.

§ 2303. Historical properties

The Secretary is authorized to preserve, restore, and maintain those historic properties located on water resource development project lands under the jurisdiction of the Department of the Army if such properties have been entered into the National Register of Historic Places.

§ 2304. Separability

If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby.

§ 2305. Use of FMHA funds

Notwithstanding any other provision of law, Federal assistance made available by the Farmers Home Administration may be used to pay the non-Federal share of any other Federal grant-in-aid program for any project for water resources, including water pollution control.

§ 2306. Reports

If any report required to be transmitted under this Act to the Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate pertains in whole or in part to fish and wildlife mitigation, benthic environmental repercussions, or ecosystem mitigation, the Federal officer required to prepare or transmit that report also shall transmit a copy of the report to the Committee on Merchant Marine and Fisheries of the House of Representatives.

§ 2307. Control of ice

• (a) The Secretary shall undertake a program of research for the control of ice, and to assist communities in breaking up ice, which otherwise is likely to cause or aggravate flood damage or severe streambank erosion.
• (b) The Secretary is further authorized to provide technical assistance to units of local government to implement local plans to control or break up such ice. As part of such authority, the Secretary shall acquire necessary ice-control or ice-breaking equipment, which shall be loaned to units of local government together with operating assistance, where appropriate.
• (c) There is authorized to be appropriated $5,000,000 per fiscal year for each of the fiscal years 1988, 1989, 1990, 1991, and 1992 for purposes of carrying out subsections (a) and (b) of this section, such sums to remain available until expended.
• (d) To implement further the purposes of this section, the Secretary, in consultation and cooperation with local officials, is authorized and directed to undertake a demonstration program for the control of ice at Hardwick, Vermont. The work authorized by this subsection shall be designed to minimize the danger of flooding due to ice problems in the vicinity of such community. In the design, construction, and location of ice-control structures for this project, full consideration will be given to the recreational, scenic, and environmental values of the reach of river affected by the project, in order to minimize project impacts on these values. Full opportunity shall be given to interested environmental and recreational organizations to participate in such planning. There is authorized to be appropriated $900,000 for fiscal years beginning after September 30, 1986 , for the purposes of carrying out this subsection, such sum to remain available until expended.
• (e)
  • (1) The Secretary is directed to complete an experimental program placing screens in the Salmon River in the vicinity of Salmon, Idaho, to trap frazil ice, and thus to eliminate flooding caused by ice dams in the river. Within one year of November 17, 1986 , the Secretary shall report to the Congress on the feasibility of such experiment, including consideration of any adverse environmental or social effects that could result from such experiment. If, in the Secretary’s judgment, such experiment is not feasible or acceptable, the Secretary is authorized to consult with local public interests to develop a plan that is workable and practical, and then to submit such plan to Congress.
  • (2) There is authorized to be appropriated $1,000,000 for fiscal years beginning after September 30, 1986 , for purposes of carrying out this subsection, such sum to remain available until expended.
• (f)
  • (1) To implement further the purposes of this section, the Secretary shall carry out a project for the control of ice on the Kankakee River in the vicinity of Wilmington, Illinois. The Secretary shall report to Congress not later than one year after November 17, 1986 , and annually thereafter on the effectiveness of the program under this section with respect to the Kankakee River in the vicinity of Wilmington, Illinois.
  • (2) There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1986 , for purposes of carrying out this subsection, such sum to remain available until expended.
• (g) Cost sharing applicable to flood control projects under section 2213 of this title shall apply to projects under this section.
• (h) Not later than March 1, 1989 , the Secretary shall report to the Congress on activities under this section.

§ 2308. Campgrounds for senior citizens

• (a) The Secretary may establish and develop separate campgrounds for individuals sixty-two years of age or older at any lake or reservoir under the jurisdiction of the Secretary where camping is permitted.
• (b) The Secretary may prescribe regulations to control the use of and the access to any separate campground established and developed under subsection (a) of this section.
• (c) There are authorized to be appropriated such sums as may be necessary for fiscal years beginning after September 30, 1986 , to carry out subsection (a) of this section.
• (d) The Secretary shall establish and develop the parcel of land (located in the State of Texas at the Sam Rayburn Dam and Reservoir) described in subsection (g) of this section as a separate campground for individuals sixty-two years of age or older.
• (e) The Secretary shall prescribe regulations to control the use of and the access to the separate campground established and developed pursuant to subsection (d) of this section.
• (f) There are authorized to be appropriated for fiscal years beginning after September 30, 1986 , $600,000 to carry out subsection (d) of this section.
• (g) The parcel of land to be established and developed as a separate campground pursuant to subsection (d) of this section is a tract of land of approximately 50 acres which is located in the county of Angelina in the State of Texas and which is part of the Thomas Hanks survey. The boundary of the parcel begins at a point at the corner furthest west of tract numbered 3420 of the Sam Rayburn Dam and Reservoir: thence north 81 degrees 30 minutes east, approximately 2,800 feet to a point at the edge of the water; thence south along the edge of the water approximately 2,600 feet; thence north 80 degrees 30 minutes west, approximately 1,960 feet to a point at the reentrant corner of tract numbered 3419 of the Sam Rayburn Dam and Reservoir; thence along the boundary line of tract numbered 3419 north 46 degrees 15 minutes west, 220 feet to a point at the center line of a road at the corner common to tract numbered 3419 and tract numbered 3420; thence along the southwestern boundary line of tract numbered 3420 north 46 degrees 15 minutes west, 230 feet to a point at the corner furthest east of tract numbered 3424 of the Sam Rayburn Dam and Reservoir; thence along the boundary line of tract numbered 3424 south 32 degrees 4 minutes west, 420 feet to a point; thence along the boundary line of tract numbered 3424 north 28 degrees 34 minutes west, 170 feet to a point; thence along the boundary line of tract numbered 3424 north 38 degrees 15 minutes east, 248 feet to a point; thence along the boundary line of tract numbered 3424 north 32 degrees 44 minutes east, 120 feet to a point at the corner furthest north of tract numbered 3424; thence along the southwestern boundary line of tract numbered 3420 north 46 degrees 15 minutes west, 460 feet to the beginning point.

§ 2309. Great Lakes Commodities Marketing Board

• (a) To ensure the coordinated economic revitalization and environmental enhancement of the Great Lakes and their connecting channels and the Saint Lawrence Seaway (hereinafter in this section referred to as the “Great Lakes”), known as the “Fourth Seacoast” of the United States, it is hereby declared to be the intent of Congress to recognize the importance of the economic vitality of the Great Lakes region, the importance of exports from the region in the United States balance of trade, and the need to assure an environmentally and socially responsible navigation system for the Great Lakes. Congress finds that the Great Lakes provide a diversity of agricultural, commercial, environmental, recreational, and related opportunities based on their extensive water resources and water transportation systems.
• (b)
  • (1) There is hereby established a Board to be known as the Great Lakes Commodities Marketing Board (hereinafter in this subsection referred to as the “Board”).
  • (2)
    • (A) The Board shall develop a strategy to improve the capacity of the Great Lakes region to produce, market, and transport commodities in a timely manner and to maximize the efficiency and benefits of marketing products produced in the Great Lakes region and products shipped through the Great Lakes.
    • (B) The strategy shall address, among other things, environmental issues relating to transportation on the Great Lakes and marketing difficulties experienced due to late harvest seasons in the Great Lakes region. The strategy shall include, as appropriate alternative storage, sales, marketing, multimodal transportation systems, and other systems, to assure optimal economic benefits to the region from agricultural and other commercial activities. The strategy shall develop—
      • (i) methods to improve and promote both bulk and general cargo trade through Great Lakes ports;
      • (ii) methods to accelerate the movement of grains and other agricultural commodities through the Great Lakes;
      • (iii) methods to provide needed flexibility to farmers in the Great Lakes region to market grains and other agricultural commodities; and
      • (iv) methods and materials to promote trade from the Great Lakes region and through Great Lakes ports, particularly with European, Mediterranean, African, Caribbean, Central American, and South American nations.
    • (C) In developing the strategy, the Board shall conduct and consider the results of—
      • (i) an analysis of the feasibility and costs of using iron ore vessels, which are not being utilized, to move grain and other agricultural commodities on the Great Lakes;
      • (ii) an economic analysis of transshipping such commodities through Montreal, Canada, and other ports;
      • (iii) an analysis of the economic feasibility of storing such commodities during the non-navigation season of the Great Lakes and the feasibility of and need for construction of new storage facilities for such commodities;
      • (iv) an analysis of the constraints on the flexibility of farmers in the Great Lakes region to market grains and other agricultural commodities, including harvest dates for such commodities and the availability of transport and storage facilities for such commodities; and
      • (v) an analysis of the amount of grain and other agricultural commodities produced in the United States which are being diverted to Canada by rail but which could be shipped on the Great Lakes if vessels were available for shipping such products during the navigation season.
    • (D) In developing the strategy, the Board shall consider weather problems and related costs and marketing problems resulting from the late harvest of agricultural commodities (including wheat and sunflower seeds) in the Great Lakes region.
    • (E) In developing the strategy, the Board shall consult United States ports on the Great Lakes and their users, including farm organizations (such as wheat growers and soybean growers), port authorities, water carrier organizations, and other interested persons.
  • (3) The Board shall be composed of seven members as follows:
    • (A) the chairman of the Great Lakes Commission or his or her delegate,
    • (B) the Secretary or his or her delegate,
    • (C) the Secretary of Transportation or his or her delegate,
    • (D) the Secretary of Commerce or his or her delegate,
    • (E) the Administrator of the Saint Lawrence Seaway Development Corporation or his or her delegate,
    • (F) the Secretary of Agriculture or his or her delegate, and
    • (G) the Administrator of the Environmental Protection Agency or his or her delegate.
  • (4)
    • (A) Members of the Board shall serve for the life of the Board.
    • (B) Members of the Board shall serve without pay and those members who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the Board, except that members of the Board shall be allowed travel or transportation expenses under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business and engaged in the actual performance of duties vested in the Board.
    • (C) Four members of the Board shall constitute a quorum but a lesser number may hold hearings.
    • (D) The co-chairmen of the Board shall be the Secretary or his or her delegate and the Administrator of the Saint Lawrence Seaway Development Corporation or his or her delegate.
    • (E) The Board shall meet at the call of the co-chairmen or a majority of its members.
  • (5)
    • (A) The Board shall, without regard to section 5311(b) 1 1 See References in Text note below. of title 5, have a Director, who shall be appointed by the Board and shall be paid at a rate which the Board considers appropriate.
    • (B) Subject to such rules as may be prescribed by the Board, without regard to 5311(b) 1 of title 5, the Board may appoint and fix the pay of such additional personnel as the Board considers appropriate.
    • (C) Upon request of the Board, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Board to assist the Board in carrying out its duties under this subsection.
  • (6)
    • (A) The Board may, for purposes of carrying out this subsection, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate.
    • (B) Any member or agent of the Board may, if so authorized by the Board, take any action which the Board is authorized to take by this paragraph.
    • (C) The Board may secure directly from any department or agency of the United States any information necessary to enable it to carry out this subsection. Upon request of the co-chairmen of the Board, the head of such department or agency shall furnish such information to the Board.
    • (D) The Board may use the United States mail in the same manner and under the same conditions as other departments and agencies of the United States.
    • (E) The Administrator of General Services shall provide to the Board on a reimbursable basis such administrative support services as the Board may request.
  • (7) Not later than September 30, 1989 , the Board shall transmit to the President and to each House of the Congress a report stating the strategy developed under this subsection and the results of each analysis conducted under this subsection. Such report shall contain a detailed statement of the findings and conclusions of the Board together with its recommendations for such legislative and administrative actions as it considers appropriate to carry out such strategy and to assure maximum economic benefits to the users of the Great Lakes and to the Great Lakes region.
  • (8) The Board shall cease to exist 180 days after submitting its report pursuant to this subsection.
  • (9) The non-Federal share of the cost of carrying out this subsection shall be 25 percent. There is authorized to be appropriated such sums as may be necessary to carry out the Federal share of this subsection for fiscal years beginning after September 30, 1986 , and ending before October 1, 1990 .
• (c)
  • (1) The President shall invite the Government of Canada to join in the formation of an international advisory group whose duty it shall be (A) to develop a bilateral program for improving navigation, through a coordinated strategy, on the Great Lakes, and (B) to conduct investigations on a continuing basis and make recommendations for a system-wide navigation improvement program to facilitate optimum use of the Great Lakes. The advisory group shall be composed of five members representing the United States, five members representing Canada, and two members from the International Joint Commission established by the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada, signed at Washington, January 11, 1909 ( 36 Stat. 2448 ). The five members representing the United States shall include the Secretary of State, one member of the Great Lakes Commodities Marketing Board (as designated by the Board), and three individuals appointed by the President representing commercial, shipping, and environmental interests, respectively.
  • (2) The United States representatives to the international advisory group shall serve without pay and the United States representatives to the advisory group who are full time officers or employees of the United States shall receive no additional pay by reason of their service on the advisory group, except that the United States representatives shall be allowed travel or transportation expenses under subchapter I of chapter 57 of title 5 while away from their homes or regular place of business and engaged in the actual performance of duties vested in the advisory group.
  • (3) The international advisory group established by this subsection shall report to Congress and to the Canadian Parliament on its progress in carrying out the duties set forth in this subsection not later than one year after the formation of such group and biennially thereafter.
• (d) The Secretary and the Administrator of the Environmental Protection Agency, in cooperation with the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and other appropriate Federal and non-Federal entities, shall carry out a review of the environmental, economic, and social impacts of navigation in the United States portion of the Great Lakes. In carrying out such review, the Secretary and the Administrator shall use existing research, studies, and investigations relating to such impacts to the maximum extent possible. Special emphasis shall be made in such review of the impacts of navigation on the shoreline and on fish and wildlife habitat, including, but not limited to, impacts associated with resuspension of bottom sediment. The Secretary and the Administrator shall submit to Congress an interim report of such review not later than September 30, 1988 , and a final report of such review along with recommendations not later than September 30, 1990 .

§ 2309a. Project modifications for improvement of environment

• (a) The Secretary is authorized to review water resources projects constructed by the Secretary to determine the need for modifications in the structures and operations of such projects for the purpose of improving the quality of the environment in the public interest and to determine if the operation of such projects has contributed to the degradation of the quality of the environment.
• (b) The Secretary is authorized to carry out a program for the purpose of making such modifications in the structures and operations of water resources projects constructed by the Secretary which the Secretary determines (1) are feasible and consistent with the authorized project purposes, and (2) will improve the quality of the environment in the public interest.
• (c)
  • (1) If the Secretary determines that construction of a water resources project by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for enhancement of environmental quality that are associated with the restoration, through modifications either at the project site or at other locations that have been affected by the construction or operation of the project, if such measures do not conflict with the authorized project purposes.
  • (2) Congress finds that—
    • (A) the Great Lakes navigation system has been instrumental in the spread of sea lamprey and the associated impacts on its fishery; and
    • (B) the use of the authority under this subsection for control of sea lamprey at any Great Lakes basin location is appropriate.
• (d) The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection (b) or (c) shall be 25 percent. The non-Federal share may be provided in kind, including a facility, supply, or service that is necessary to carry out the modification or measure. Not more than $10,000,000 in Federal funds may be expended on any single modification or measure carried out or undertaken pursuant to this section.
• (e) The Secretary shall coordinate any actions taken pursuant to this section with appropriate Federal, State, and local agencies.
• (f)
• (g) Notwithstanding section 1962d–5b of title 42 , a non-Federal sponsor for any project carried out under this section may include a nonprofit entity, with the consent of the affected local government.
• (h) There is authorized to be appropriated not to exceed $50,000,000 annually to carry out this section.
• (i) In this section, the term “water resources project constructed by the Secretary” includes a water resources project constructed or funded jointly by the Secretary and the head of any other Federal agency (including the Natural Resources Conservation Service).

§ 2310. Cost sharing for Territories and Indian tribes

• (a) The Secretary shall waive local cost-sharing requirements up to $200,000 for all studies and projects—
  • (1) in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and the Trust Territory of the Pacific Islands; and
  • (2) for any Indian tribe or tribal organization (as those terms are defined in section 5304 of title 25 ).
• (b) The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986 , and ending on October 23, 2018 .

§ 2311. Report to Congress covering proposals for water impoundment facilities

Any report that is submitted to the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives by the Secretary, or the Secretary of Agriculture acting under Public Law 83–566 , as amended [ 16 U.S.C. 1001 et seq.], which proposes construction of a water impoundment facility, shall include information on the consequences of failure and geologic or design factors which could contribute to the possible failure of such facility.

§ 2312. Comments on certain changes in operations of reservoirs

Before the Secretary may make changes in the operation of any reservoir which will result in or require a reallocation of storage space in such reservoir or will significantly affect any project purpose, the Secretary shall provide an opportunity for public review and comment.

§ 2313. Collaborative research and development

• (a) For the purpose of improving the state of engineering and construction in the United States and consistent with the civil works mission of the Army Corps of Engineers, the Secretary is authorized to utilize Army Corps of Engineers laboratories and research centers to undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State and local government, colleges and universities, and corporations, partnerships, sole proprietorships, and trade associations which are incorporated or established under the laws of any of the several States of the United States or the District of Columbia.
• (b)
  • (1) If the Secretary determines that information developed as a result of research and development activities conducted by the Corps of Engineers is likely to be subject to a cooperative research and development agreement within 2 years of its development and that such information would be a trade secret or commercial or financial information that would be privileged or confidential if the information had been obtained from a non-Federal party participating in a cooperative research and development agreement under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ), the Secretary may provide appropriate protection against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, until the earlier of the date the Secretary enters into such an agreement with respect to such technology or the last day of the 2-year period beginning on the date of such determination.
  • (2) Any technology covered by this section that becomes the subject of a cooperative research and development agreement shall be accorded the protection provided under section 12(c)(7)(B) of such Act ( 15 U.S.C. 3710a(c)(7)(B) ) as if such technology had been developed under a cooperative research and development agreement.
• (c) In carrying out this section, the Secretary may consider the recommendations of a non-Federal entity in identifying appropriate research or development projects and may enter into a cooperative research and development agreement, as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ); except that in such agreement, the Secretary may agree to provide not more than 50 percent of the cost of any research or development project selected by the Secretary under this section. Not less than 5 percent of the non-Federal entity’s share of the cost of any such project shall be paid in cash.
• (d) The research, development, or utilization of any technology pursuant to an agreement under subsection (c), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701–371 4).
• (e) To carry out the purposes of this section, there is authorized to be appropriated to the Secretary of the Army civil works funds $3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990, $5,000,000 for fiscal year 1991, and $6,000,000 for each fiscal year thereafter.
• (f) The Secretary may accept and expend additional funds from other Federal programs, including other Department of Defense programs, to carry out this section.

§ 2313a. Engineering and environmental innovations of national significance

• (a) To encourage innovative and environmentally sound engineering solutions and innovative environmental solutions to problems of national significance, the Secretary may undertake surveys, plans, and studies and prepare reports that may lead to work under existing civil works authorities or to recommendations for authorizations.
• (b)
  • (1) There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 1997 through 2000.
  • (2) The Secretary may accept and expend additional funds from other Federal agencies, States, or non-Federal entities for purposes of carrying out this section.

§ 2313b. Support of Army civil works program

• (a) In carrying out research and development in support of the civil works program of the Department of the Army, the Secretary may utilize contracts, cooperative research and development agreements, cooperative agreements, and grants with non-Federal entities, including State and local governments, colleges and universities, consortia, professional and technical societies, public and private scientific and technical foundations, research institutions, educational organizations, and nonprofit organizations.
• (b) With respect to contracts for research and development, the Secretary may include requirements that have potential commercial application and may use such potential application as an evaluation factor where appropriate.

§ 2314. Innovative technology

• (a) The Secretary shall, whenever feasible, seek to promote long- and short-term cost savings, increased efficiency, reliability, and safety, and improved environmental results through the use of innovative technology in all phases of water resources development projects and programs under the Secretary’s jurisdiction. To further this goal, Congress encourages the Secretary to—
  • (1) use procurement and contracting procedures that encourage innovative project design, construction, rehabilitation, repair, and operation and maintenance technologies;
  • (2) frequently review technical and design criteria to remove or modify unnecessary impediments to innovation;
  • (3) increase timely exchange of technical information with universities, private companies, government agencies, and individuals;
  • (4) foster design competition; and
  • (5) encourage greater participation by non-Federal project sponsors in the development and implementation of projects.
• (b)
  • (1) The Secretary shall approve an appropriate number of projects to test, under actual field conditions, innovative technologies for environmentally sound management of contaminated sediments.
  • (2) The Secretary may approve an appropriate number of projects to demonstrate innovative technologies that have been pilot tested under paragraph (1).
  • (3) Each pilot project under paragraph (1) and demonstration project under paragraph (2) shall be conducted by a university with proven expertise in the research and development of contaminated sediment treatment technologies and innovative applications using waste materials.
  • (4) At least 1 of the projects under this subsection shall be conducted in New England by the University of New Hampshire.
• (c) Within 2 years after November 17, 1988 , and thereafter at the Secretary’s discretion, the Secretary shall provide Congress with a report on the results of, and recommendations to increase, the development and use of innovative technology in water resources development projects under the Secretary’s jurisdiction. Such report shall also contain information regarding innovative technologies which the Secretary has considered and rejected for use in water resources development projects under the Secretary’s jurisdiction.
• (d) For the purpose of this section, the term “innovative technology” means designs, methods, or materials, including roller compacted concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to carry out this section.

§ 2314a. Technical assistance program

• (a) The Secretary is authorized to provide technical assistance, on a nonexclusive basis, to any United States firm which is competing for, or has been awarded, a contract for the planning, design, or construction of a project outside the United States, if the United States firm provides, in advance of fiscal obligation by the United States, funds to cover all costs of such assistance. In determining whether to provide such assistance, the Secretary shall consider the effects on the Department of the Army civil works mission, personnel, and facilities. Prior to the Secretary providing such assistance, a United States firm must—
  • (1) certify to the Secretary that such assistance is not otherwise reasonably and expeditiously available; and
  • (2) agree to hold and save the United States free from damages due to the planning, design, construction, operation, or maintenance of the project.
• (b) As to an invention made or conceived by a Federal employee while providing assistance pursuant to this section, if the Secretary decides not to retain all rights in such invention, the Secretary may—
  • (1) grant or agree to grant in advance, to a United States firm, a patent license or assignment, or an option thereto, retaining a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the United States and such other rights as the Secretary deems appropriate; or
  • (2) waive, subject to reservation by the United States of a nonexclusive, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the United States, in advance, in whole, or in part, any right which the United States may have to such invention.
• (c) Information of a confidential nature, such as proprietary or classified information, provided to a United States firm pursuant to this section shall be protected. Such information may be released by a United States firm only after written approval by the Secretary.
• (d) For purposes of this section—
  • (1) The term “United States firm” means a corporation, partnership, limited partnership, or sole proprietorship that is incorporated or established under the laws of any of the United States with its principal place of business in the United States.
  • (2) The term “United States”, when used in a geographical sense, means the several States of the United States and the District of Columbia.

§ 2314b. Advanced modeling technologies

• (a) To the greatest extent practicable, the Secretary shall encourage and incorporate advanced modeling technologies, including 3-dimensional digital modeling, that can expedite project delivery or improve the evaluation of water resources development projects that receive Federal funding by—
  • (1) accelerating and improving the environmental review process;
  • (2) increasing effective public participation;
  • (3) enhancing the detail and accuracy of project designs;
  • (4) increasing safety;
  • (5) accelerating construction and reducing construction costs; or
  • (6) otherwise achieving the purposes described in paragraphs (1) through (5).
• (b) In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall—
  • (1) compile information related to advanced modeling technologies, including industry best practices with respect to the use of the technologies;
  • (2) disseminate to non-Federal interests the information described in paragraph (1); and
  • (3) promote the use of advanced modeling technologies.

§ 2315. Periodic statements

Upon receipt of a request from a non-Federal sponsor of a water resources development project under construction by the Secretary, the Secretary shall provide such sponsor with periodic statements of project expenditures. Such statements shall include an estimate of all Federal and non-Federal funds expended by the Secretary, including overhead expenditures, the purpose for expenditures, and a schedule of anticipated expenditures during the remaining period of construction. Statements shall be provided to the sponsor at intervals of no greater than 6 months.

§ 2315a. Transparency in accounting and administrative expenses

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

§ 2315b. Transparency and accountability in cost sharing for water resources development projects

• (a) In this section, the term “balance sheet” means a document that describes—
  • (1) the funds provided by each Federal and non-Federal interest for a water resources development project; and
  • (2) the status of those funds.
• (b) Each district of the Corps of Engineers shall, using the authority of the Secretary under section 2315 of this title —
  • (1) maintain a balance sheet for each water resources development project carried out by the Secretary for which a non-Federal cost share is required; and
  • (2) on request of a non-Federal interest that provided funds for the project, provide to the non-Federal interest a copy of the balance sheet.
• (c) In the case of a water resources development project carried out by the Secretary that is completed at a cost less than the estimated cost, the Secretary shall transfer any excess non-Federal funds to the non-Federal interest in accordance with the cost-share requirement applicable to the project.

§ 2316. Environmental protection mission

• (a) The Secretary shall include environmental protection as one of the primary missions of the Corps of Engineers in planning, designing, constructing, operating, and maintaining water resources projects.
• (b) Nothing in this section affects—
  • (1) existing Corps of Engineers’ authorities, including its authorities with respect to navigation and flood control;
  • (2) pending Corps of Engineers permit applications or pending lawsuits involving permits or water resources projects; or
  • (3) the application of public interest review procedures for Corps of Engineers permits.

§ 2317. Wetlands

• (a)
  • (1) There is established, as part of the Corps of Engineers water resources development program, an interim goal of no overall net loss of the Nation’s remaining wetlands base, as defined by acreage and function, and a long-term goal to increase the quality and quantity of the Nation’s wetlands, as defined by acreage and function.
  • (2) The Secretary shall utilize all appropriate authorities, including those to restore and create wetlands, in meeting the interim and long-term goals.
  • (3)
    • (A) The Secretary shall develop, in consultation with the Environmental Protection Agency, the Fish and Wildlife Service, and other appropriate Federal agencies, a wetlands action plan to achieve the goals established by this subsection as soon as possible.
    • (B) The plan shall include and identify actions to be taken by the Secretary in achieving the goals and any new authorities which may be necessary to accelerate attainment of the goals.
    • (C) The Secretary shall complete the plan not later than 1 year after November 28, 1990 .
• (b) Notwithstanding any other provision of law, the Secretary is authorized and directed to establish and carry out a research and pilot project to evaluate and demonstrate—
  • (1) the use of constructed wetlands for wastewater treatment, and
  • (2) methods by which such projects contribute—
    • (A) to meeting the objective of the Federal Water Pollution Control Act [ 33 U.S.C. 1251 et seq.] to restore and maintain the physical, chemical, and biological integrity of the Nation’s waters, and
    • (B) to attaining the goals established by subsection (a).
• (c) For the project conducted under subsection (b), the non-Federal interest shall agree—
  • (1) to provide, without cost to the United States, all lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction and subsequent research and demonstration work;
  • (2) to hold and save the United States free from damages due to construction, operation, and maintenance of the project, except damages due to the fault or negligence of the United States or its contractors; and
  • (3) to operate and maintain the restored or constructed wetlands in accordance with good management practices; except that nothing in this paragraph shall be construed as precluding a Federal agency from agreeing to operate and maintain the restored or reconstructed wetlands.
• (d)
  • (1) The Secretary, in consultation with the Administrator, is authorized to establish and implement a demonstration program for the purpose of determining the feasibility of wetlands restoration, enhancement, and creation as a means of contributing to the goals established by subsection (a).
  • (2) The goal of the program under this subsection shall be to establish a limited number of demonstration wetlands restoration, enhancement, and creation areas in districts of the Corps of Engineers for the purpose of evaluating the technical and scientific long-term feasibility of such areas as a means of contributing to the attainment of the goals established by subsection (a). Federal and State land-owning agencies and private parties may contribute to such areas.
  • (3) In establishing the demonstration program under this subsection, the Secretary shall consider—
    • (A) past experience with wetlands restoration, enhancement, and creation;
    • (B) the appropriate means of measuring benefits of compensatory mitigation activities, including enhancement or restoration of existing wetlands or creation of wetlands;
    • (C) the appropriate geographic scope for which wetlands loss may be offset by restoration, enhancement, and creation efforts;
    • (D) the technical feasibility and scientific likelihood that wetlands can be successfully restored, enhanced, and created;
    • (E) means of establishing liability for, and long-term ownership of, wetlands restoration, enhancement, and creation areas; and
    • (F) responsibilities for short- and long-term project monitoring.
  • (4)
    • (A) The district engineer for each district of the Corps of Engineers in which a wetlands restoration, enhancement, and creation area is established under this subsection shall transmit annual reports to the Chief of Engineers describing the amount and value of wetlands restored, enhanced, and created for the area and a summary of whether the area is contributing to the goal established in paragraph (2).
    • (B) Not later than 3 years after November 28, 1990 , the Secretary shall transmit to Congress a report evaluating the use of wetlands restoration, enhancement, and creation areas in fulfilling the goal established by paragraph (2), together with recommendations on whether or not to continue use of such areas as a means of meeting the goals established by subsection (a).
  • (5) Nothing in this subsection affects any requirements under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or section 403 of this title .
• (e)
  • (1) The Secretary is authorized to establish a program for the training and certification of individuals as wetlands delineators. As part of such program, the Secretary shall carry out demonstration projects in districts of the Corps of Engineers. The program shall include training and certification of delineators and procedures for expediting consideration and acceptance of delineations performed by certified delineators.
  • (2) The Secretary shall transmit to Congress periodic reports concerning the status of the program and any recommendations on improving the content and implementation of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

§ 2317a. Cooperative agreements

• (a) For the purpose of expediting the cost-effective design and construction of wetlands restoration that is part of an authorized water resources project, the Secretary may enter into cooperative agreements under section 6305 of title 31 with nonprofit organizations with expertise in wetlands restoration to carry out such design and construction on behalf of the Secretary.
• (b)
  • (1) A cooperative agreement under this section may not obligate the Secretary to pay the nonprofit organization more than $1,000,000 for any single wetlands restoration project.
  • (2) The total value of work carried out under cooperative agreements under this section may not exceed $5,000,000 in any fiscal year.

§ 2317b. Mitigation banks and in-lieu fee arrangements

• (1) Not later than 180 days after December 16, 2016 , the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project.
• (2) All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—
  • (A) the applicable mitigation bank—
    • (i) has an approved mitigation banking instrument; and
    • (ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and
  • (B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.
• (3) Nothing in this subsection—
  • (A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title ; or
  • (B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.

§ 2318. Flood plain management

• (a) The Secretary shall not include in the benefit base for justifying Federal flood damage reduction projects—
  • (1)
    • (A) any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation after July 1, 1991 ; or
    • (B) in the case of a county substantially located within the 100-year flood plain, any new or substantially improved structure (other than a structure necessary for conducting a water-dependent activity) built in the 10-year flood plain after July 1, 1991 ; and
  • (2) any structure which becomes located in the 100-year flood plain with a first floor elevation less than the 100-year flood elevation or in the 10-year flood plain, as the case may be, by virtue of constrictions placed in the flood plain after July 1, 1991 .
• (b)
  • (1) In calculating the benefits of a proposed project for nonstructural flood damage reduction, the Secretary shall calculate the benefits of the nonstructural project using methods similar to those used for calculating the benefits of structural projects, including similar treatment in calculating the benefits from losses avoided.
  • (2) In carrying out paragraph (1), the Secretary should avoid double counting of benefits.
• (c) For the purposes of subsection (a), a county is substantially located within the 100-year flood plain—
  • (1) if the county is comprised of lands of which 50 percent or more are located in the 100-year flood plain; and
  • (2) if the Secretary determines that application of the requirement contained in subsection (a)(1)(A) with respect to the county would unreasonably restrain continued economic development or unreasonably limit the availability of needed flood control measures.
• (d) Not later than January 1, 1992 , the Secretary shall transmit to Congress a report on the feasibility and advisability of increasing the non-Federal share of costs for new projects in areas where new or substantially improved structures and other constrictions are built or placed in the 100-year flood plain or the 10-year flood plain, as the case may be, after the initial date of the affected governmental unit’s entry into the regular program of the national flood insurance program of the National Flood Insurance Act of 1968 [ 42 U.S.C. 4001 et seq.].
• (e) Not later than 6 months after the date on which a report is transmitted to Congress under subsection (c), the Secretary, in consultation with the Director of the Federal Emergency Management Agency, shall issue regulations to implement subsection (a). Such regulations shall define key terms, such as new or substantially improved structure, constriction, 10-year flood plain, and 100-year flood plain.
• (f) The provisions of this section shall not apply to any project, or separable element thereof, for which a final report of the Chief of Engineers has been forwarded to the Secretary before the last day of the 6-month period beginning on the date on which regulations are issued pursuant to subsection (a) but not later than July 1, 1993 .

§ 2319. Reservoir management

The Secretary shall ensure that, in developing or revising reservoir operating manuals of the Corps of Engineers, the Corps shall provide significant opportunities for public participation, including opportunities for public hearings. The Secretary shall issue regulations to implement this section, including a requirement that all appropriate informational materials relating to proposed management decisions of the Corps be made available to the public sufficiently in advance of public hearings. Not later than January 1, 1992 , the Secretary shall transmit to Congress a report on measures taken pursuant to this section.

§ 2320. Protection of recreational and commercial uses

• (a) In planning any water resources project, the Secretary shall consider the impact of the project on existing and future recreational and commercial uses in the area surrounding the project.
• (b) Whenever the Secretary maintains, repairs, rehabilitates, or reconstructs a water resources project which will result in a change in the configuration of a structure which is a part of such project, the Secretary, to the maximum extent practicable, shall carry out such maintenance, repair, rehabilitation, or reconstruction in a manner which will not adversely affect any recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction.
• (c)
  • (1) If maintenance, repair, rehabilitation, or reconstruction of a water resources project by the Secretary results in a change in the configuration of any structure which is a part of such project and has an adverse effect on a recreational use established with respect to such project before the date of such maintenance, repair, rehabilitation, or reconstruction, the Secretary, to the maximum extent practicable, shall take such actions as may be necessary to restore such recreational use or provide alternative opportunities for comparable recreational use.
  • (2) The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this subsection.
  • (3) This subsection shall not be effective after the last day of the 5-year period beginning on November 28, 1990 ; except that the Secretary may complete any restoration commenced under this subsection on or before such last day.
• (d)
  • (1) Subsections (b) and (c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988 .
  • (2) Subsections (b) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water resources project.
• (e) Costs incurred by the Secretary to carry out the objectives of this section shall be allocated to recreation and shall be payable by the beneficiaries of the recreation.

§ 2321. Operation and maintenance of navigation and hydroelectric facilities

• (a) Activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of navigation or hydroelectric power generating facilities at Corps of Engineers water resources projects are to be considered as inherently governmental functions and not commercial activities.
• (b) This section does not prohibit contracting out major maintenance or other functions which are currently contracted out or studying services not directly connected with project maintenance and operations.
• (c) This section does not—
  • (1) apply to a navigation facility that was under contract on or before October 23, 2018 , with a non-Federal interest to perform operations or maintenance; and
  • (2) prohibit the Secretary from contracting out commercial activities after October 23, 2018 , at a navigation facility.

§ 2321a. Hydroelectric power project uprating

• (a) In carrying out the operation, maintenance, rehabilitation, and modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction of the Department of the Army, the Secretary may, to the extent funds are made available in appropriations Acts or in accordance with subsection (c), take such actions as are necessary to optimize the efficiency of energy production or increase the capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State agencies, the Secretary determines that such actions—
  • (1) are economically justified and financially feasible;
  • (2) will not result in any significant adverse effect on the other purposes for which the project is authorized;
  • (3) will not result in significant adverse environmental impacts;
  • (4) will not involve major structural or operational changes in the project; and
  • (5) will not adversely affect the use, management, or protection of existing Federal, State, or tribal water rights.
• (b) Before proceeding with any proposed uprating under subsection (a), the Secretary shall provide affected State, tribal, and Federal agencies with a copy of the proposed determinations under subsection (a). If the agencies submit comments, the Secretary shall accept those comments or respond in writing to any objections those agencies raise to the proposed determinations.
• (c) In carrying out this section, the Secretary may accept and expend funds provided by preference customers under Federal law relating to the marketing of power.
• (d) This section does not apply to any facility of the Department of the Army that is authorized to be funded under section 839d–1 of title 16 .
• (e) This section shall not affect the authority of the Secretary and the Administrator of the Bonneville Power Administration under section 839d–1 of title 16 .

§ 2321b. Expediting hydropower at Corps of Engineers facilities

• (a) Congress declares that it is the policy of the United States that—
  • (1) the development of non-Federal hydroelectric power at Corps of Engineers civil works projects, including locks and dams, shall be given priority;
  • (2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers civil works projects, including permitting required under section 408 of this title , shall be completed by the Corps of Engineers in a timely and consistent manner; and
  • (3) approval of hydropower at Corps of Engineers civil works projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.
• (b) Not later than 2 years after June 10, 2014 , and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report that, at a minimum, shall include—
  • (1) a description of initiatives carried out by the Secretary to encourage the development of hydroelectric power by non-Federal entities at Corps of Engineers civil works projects;
  • (2) a list of all new hydroelectric power activities by non-Federal entities approved at Corps of Engineers civil works projects in that fiscal year, including the length of time the Secretary needed to approve those activities;
  • (3) a description of the status of each pending application from non-Federal entities for approval to develop hydroelectric power at Corps of Engineers civil works projects;
  • (4) a description of any benefits or impacts to the environment, recreation, or other uses associated with Corps of Engineers civil works projects at which non-Federal entities have developed hydroelectric power in the previous fiscal year; and
  • (5) the total annual amount of payments or other services provided to the Corps of Engineers, the Treasury, and any other Federal agency as a result of approved non-Federal hydropower projects at Corps of Engineers civil works projects.

§ 2322. Single entities

For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (including the District of Columbia and a territory or possession of the United States), county, municipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose.

§ 2323. Technical assistance to private entities

• (a) The Secretary is authorized to use Corps of Engineers research and development laboratories to provide research and development assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States, territories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands—
  • (1) if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance;
  • (2) if the Secretary determines that the research and development assistance to be provided is within the mission of the Corps of Engineers and is in the public interest;
  • (3) if the entity has certified to the Secretary that provision of such research and development assistance is not otherwise reasonably and expeditiously obtainable from the private sector; and
  • (4) if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance.
• (b) The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract.
• (c)

§ 2323a. Interagency and international support authority

• (a) The Secretary may engage in activities (including contracting) in support of Federal departments or agencies, nongovernmental organizations, international organizations, or foreign governments to address problems of national significance to the United States.
• (b) The Secretary may engage in activities in support of international organizations or foreign governments only after consulting with the Department of State.
• (c) The Secretary may use the technical and managerial expertise of the Corps of Engineers to address domestic and international problems related to water resources, infrastructure development, and environmental protection and restoration.
• (d)
  • (1) There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2008 and each fiscal year thereafter.
  • (2) The Secretary may accept and expend additional funds from Federal departments or agencies, nongovernmental organizations, international organizations, or foreign governments to carry out this section.

§ 2324. Reduced pricing for certain water supply storage

• (a) If a low income community requests the Secretary to provide water supply storage space in a water resources development project operated by the Secretary and if the amount of space requested is available or could be made available through reallocation of water supply storage space in the project or through modifications to operation of the project, the Secretary may provide such space to the community at a price determined under subsection (c).
• (b) The maximum amount of water supply storage space which may be provided to a community under this section may not exceed an amount of water supply storage space sufficient to yield 2,000,000 gallons of water per day.
• (c) The Secretary shall provide water supply storage space under this section at a price which is the greater of—
  • (1) the updated construction cost of the project allocated to provide such amount of water supply storage space or $100 per acre foot of storage space, whichever is less; and
  • (2) the value of the benefits which are lost as a result of providing such water supply storage space.
• (d) For purposes of subsection (c), the determinations of updated construction costs and value of benefits lost shall be made by the Secretary on the basis of the most recent information available.
• (e) The $100 amount set forth in subsection (c) shall be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics.
• (f) Nothing in this section shall be construed as affecting the responsibility of non-Federal interests to provide operation and maintenance costs assigned to water supply storage provided under this section.
• (g) The term “low income community” means a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States.

§ 2325. Voluntary contributions for environmental and recreation projects

• (a) In connection with carrying out a water resources project for environmental protection and restoration or a water resources project for recreation, the Secretary is authorized to accept contributions of cash, funds, materials, and services from persons, including governmental entities but excluding the project sponsor.
• (b) Any cash or funds received by the Secretary under subsection (a) shall be deposited into the account in the Treasury of the United States entitled “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out water resources projects described in subsection (a).

§ 2325a. Authority to accept and use materials and services

• (a) Subject to subsection (b), the Secretary is authorized to accept and use materials, services, or funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project in any case in which the District Commander determines that—
  • (1) there is a risk of adverse impacts to the functioning of the project for the authorized purposes of the project; and
  • (2) acceptance of the materials and services or funds is in the public interest.
• (b) Any entity that contributes materials or services under subsection (a) shall not be eligible for credit or reimbursement for the value of such materials or services.
• (c)
  • (1) The Secretary may only use materials or services accepted under this section if such materials and services comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary.
  • (2) The Secretary may only accept and use services under this section that provide supplementary services to existing Federal employees, and may only use such services to perform work that would not otherwise be accomplished as a result of funding or personnel limitations.
• (d) Not later than February 1 of each year after the first fiscal year in which materials, services, or funds are accepted under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that includes—
  • (1) a description of the activities undertaken, including the costs associated with the activities; and
  • (2) a comprehensive description of how the activities are necessary for maintaining a safe and reliable water resources project.

§ 2326. Regional sediment management

• (a)
  • (1)
    • (A) For sediment obtained through or used in the construction, operation, or maintenance of an authorized Federal water resources project, including a project authorized for flood control, the Secretary shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects for purposes listed in paragraph (3).
    • (B) For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.
  • (2) The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.
  • (3) The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are—
    • (A) to reduce storm damage to property;
    • (B) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; and
    • (C) to transport and place suitable sediment for the purposes of improving environmental conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting State and local risk management adaptation strategies.
  • (4) To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.
• (b) Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that—
  • (1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; and
  • (2) the project will not result in environmental degradation.
• (c)
  • (1)
    • (A) Costs associated with construction of a project under this section or identified in a regional sediment management plan shall be limited solely to construction costs that are in excess of the costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria.
    • (B)
      • (i) Except as provided in clause (ii), the non-Federal share of the construction cost of a project under this section shall be determined as provided in subsections (a) through (d) of section 2213 of this title .
      • (ii) Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense.
    • (C) The total Federal costs associated with construction of a project under this section may not exceed $10,000,000.
  • (2) Operation, maintenance, replacement, and rehabilitation costs associated with a project under this section are the responsibility of the non-Federal interest.
• (d)
  • (1) In developing and carrying out a Federal water resources project involving the disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest, a disposal method that is not the least cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to—
    • (A) the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion; or
    • (B) the flood and storm damage and flood reduction benefits, including shoreline protection, protection against loss of life, and damage to improved property.
  • (2) The Federal share of such incremental costs shall be determined in accordance with subsection (c).
  • (3) Disposal of dredged material under this subsection may include a single or periodic application of sediment for beneficial use and shall not require operation and maintenance.
  • (4) The Secretary may accept funds from a non-Federal interest to dispose of dredged material as provided under section 2213(d)(1) of this title .
• (e) The Secretary may—
  • (1) cooperate with any State or group of States in the preparation of a comprehensive State or regional sediment management plan within the boundaries of the State or among States;
  • (2) encourage State participation in the implementation of the plan; and
  • (3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.
• (f) In carrying out this section, the Secretary shall give priority to a regional sediment management project in the vicinity of each of the following:
  • (1) Little Rock Slackwater Harbor, Arkansas.
  • (2) Fletcher Cove, California.
  • (3) Egmont Key, Florida.
  • (4) Calcasieu Ship Channel, Louisiana.
  • (5) Delaware River Estuary, New Jersey and Pennsylvania.
  • (6) Fire Island Inlet, Suffolk County, New York.
  • (7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.
  • (8) Morehead City, North Carolina.
  • (9) Toledo Harbor, Lucas County, Ohio.
  • (10) Galveston Bay, Texas.
  • (11) Benson Beach, Washington.
• (g) There is authorized to be appropriated to carry out this section $62,500,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans authorized by subsection (e) and of which not more than $3,000,000 per fiscal year may be used for construction of projects to which subsection (c)(1)(B)(ii) applies. Such funds shall remain available until expended.

§ 2326a. Dredged material disposal facility partnerships

• (a)
  • (1) At the request of a non-Federal interest with respect to a project, the Secretary may provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the capacity that would be required for project purposes if the non-Federal interest agrees to pay, during the period of construction, all costs associated with the construction of the additional capacity.
  • (2) The non-Federal interest may recover the costs assigned to the additional capacity through fees assessed on third parties whose dredged material is deposited at the facility and who enter into agreements with the non-Federal interest for the use of the facility. The amount of such fees may be determined by the non-Federal interest.
• (b)
  • (1) The Secretary—
    • (A) may permit the use of any dredged material disposal facility under the jurisdiction of, or managed by, the Secretary by a non-Federal interest if the Secretary determines that such use will not reduce the availability of the facility for project purposes; and
    • (B) may impose fees to recover capital, operation, and maintenance costs associated with such use.
  • (2) Notwithstanding section 1341(c) of this title but subject to advance appropriations, any monies received through collection of fees under this subsection shall be available to the Secretary, and shall be used by the Secretary, for the operation and maintenance of the disposal facility from which the fees were collected.
• (c)
  • (1) The Secretary may enter into a partnership agreement under section 1962d–5b of title 42 with one or more non-Federal interests with respect to a water resources project, or group of water resources projects within a geographic region, if appropriate, for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstrate potential beneficial uses of dredged material, which may include effective sediment contaminant reduction technologies) using funds provided in whole or in part by the Federal Government.
  • (2) One or more of the parties to a partnership agreement under this subsection may perform the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility.
  • (3) If appropriate, the Secretary may combine portions of separate water resources projects with appropriate combined cost-sharing among the various water resources projects in a partnership agreement for a facility under this subsection if the facility serves to manage dredged material from multiple water resources projects located in the geographic region of the facility.
  • (4)
    • (A) A partnership agreement with respect to a facility under this subsection shall specify—
      • (i) the Federal funding sources and combined cost-sharing when applicable to multiple water resources projects; and
      • (ii) the responsibilities and risks of each of the parties relating to present and future dredged material managed by the facility.
    • (B)
      • (i) A partnership agreement under this subsection may include the management of sediments from the maintenance dredging of Federal water resources projects that do not have partnership agreements.
      • (ii) A partnership agreement under this subsection may allow the non-Federal interest to receive reimbursable payments from the Federal Government for commitments made by the non-Federal interest for disposal or placement capacity at dredged material processing, treatment, contaminant reduction, or disposal facilities.
    • (C) A partnership agreement under this subsection may allow costs incurred by the non-Federal interest before execution of the partnership agreement to be credited in accordance with section 1962d–5b of title 42 .
  • (5)
    • (A) Nothing in this subsection supersedes or modifies an agreement in effect on November 8, 2007 , between the Federal Government and any non-Federal interest for the cost-sharing, construction, and operation and maintenance of a water resources project.
    • (B) Subject to the approval of the Secretary and in accordance with law (including regulations and policies) in effect on November 8, 2007 , a non-Federal interest for a water resources project may receive credit for funds provided for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility to the extent the facility is used to manage dredged material from the project.
    • (C) A non-Federal interest entering into a partnership agreement under this subsection for a facility shall—
      • (i) be responsible for providing all necessary lands, easements, relocations, and rights-of-way associated with the facility; and
      • (ii) receive credit toward the non-Federal share of the cost of the project with respect to which the agreement is being entered into for those items.
• (d)
  • (1) The Secretary may carry out a program to evaluate and implement opportunities for public-private partnerships in the design, construction, management, or operation and maintenance of dredged material processing, treatment, contaminant reduction, or disposal facilities in connection with construction or maintenance of Federal navigation projects. If a non-Federal interest is a sponsor of the project, the Secretary shall consult with the non-Federal interest in carrying out the program with respect to the project.
  • (2)
    • (A) In carrying out this subsection, the Secretary may enter into an agreement with a non-Federal interest with respect to a project, a private entity, or both for the acquisition, design, construction, management, or operation and maintenance of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstrate potential beneficial uses of dredged material) using funds provided in whole or in part by the private entity.
    • (B) If any funds provided by a private entity are used to carry out a project under this subsection, the Secretary may reimburse the private entity over a period of time agreed to by the parties to the agreement through the payment of subsequent user fees. Such fees may include the payment of a disposal or tipping fee for placement of suitable dredged material at the facility.
    • (C) User fees paid pursuant to subparagraph (B) shall be sufficient to repay funds contributed by the private entity plus a reasonable return on investment approved by the Secretary in cooperation with the non-Federal interest with respect to the project and the private entity.
    • (D) The Federal share of such fees shall be equal to the percentage of the total cost that would otherwise be borne by the Federal Government as required pursuant to existing cost-sharing requirements, including section 2213 of this title and section 2326 of this title .
    • (E) Any spending authority (as defined in section 651(c)(2) of title 2 ) authorized by this section shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

§ 2326b. Sediment management

• (a) The Secretary may enter into cooperation agreements with non-Federal interests with respect to navigation projects, or other appropriate non-Federal entities, for the development of long-term management strategies for controlling sediments at such projects.
• (b) Each strategy developed under subsection (a) shall—
  • (1) include assessments of sediment rates and composition, sediment reduction options, dredging practices, long-term management of any dredged material disposal facilities, remediation of such facilities, and alternative disposal and reuse options;
  • (2) include a timetable for implementation of the strategy; and
  • (3) incorporate relevant ongoing planning efforts, including remedial action planning, dredged material management planning, harbor and waterfront development planning, and watershed management planning.
• (c) In developing strategies under subsection (a), the Secretary shall consult with interested Federal agencies, States, and Indian tribes and provide an opportunity for public comment.
• (d)
  • (1) The Secretary shall conduct a study to determine the feasibility of constructing and operating an underwater confined dredged material disposal site in the Port of New York-New Jersey that could accommodate as much as 250,000 cubic yards of dredged material for the purpose of demonstrating the feasibility of an underwater confined disposal pit as an environmentally suitable method of containing certain sediments.
  • (2) The Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1), together with any recommendations of the Secretary that may be developed in a strategy under subsection (a).
• (e)
  • (1) In consultation and coordination with the Great Lakes States, the Secretary shall develop a tributary sediment transport model for each major river system or set of major river systems depositing sediment into a Great Lakes federally authorized commercial harbor, channel maintenance project site, or Area of Concern identified under the Great Lakes Water Quality Agreement of 1978. Such model may be developed as a part of a strategy developed under subsection (a).
  • (2) In developing a tributary sediment transport model under this subsection, the Secretary shall build on data and monitoring information generated in earlier studies and programs of the Great Lakes and their tributaries.
  • (3) Not later than December 31, 2003 , the Secretary shall transmit to Congress a report on the Secretary’s activities under this subsection.
• (f) In this section, the term “Great Lakes States” means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
• (g)
  • (1) There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 1998 through 2001.
  • (2) In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out subsection (e) $5,000,000 for each of fiscal years 2002 through 2012.

§ 2326c. Reservoir sediment

• (a) Not later than 180 days after October 23, 2018 , and after providing public notice, the Secretary shall, using available funds, accept services provided by a non-Federal interest or commercial entity for removal of sediment captured behind a dam owned or operated by the United States and under the jurisdiction of the Secretary for the purpose of restoring the authorized storage capacity of the project concerned.
• (b) In carrying out this section, the Secretary shall—
  • (1) review the services of the non-Federal interest or commercial entity to ensure that the services are consistent with the authorized purposes of the project concerned;
  • (2) ensure that the non-Federal interest or commercial entity will indemnify the United States for, or has entered into an agreement approved by the Secretary to address, any adverse impact to the dam as a result of such services; and
  • (3) require the non-Federal interest or commercial entity, prior to initiating the services and upon completion of the services, to conduct sediment surveys to determine the pre- and post-services sediment profile and sediment quality.
• (c)
  • (1) The Secretary may not accept services under subsection (a) if the Secretary, after consultation with the Chief of Engineers, determines that accepting the services is not advantageous to the United States.
  • (2) If the Secretary makes a determination under paragraph (1), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice describing the reasoning for the determination.
• (d) In exchange for providing services under subsection (a), a non-Federal interest or commercial entity is authorized to retain, use, recycle, sell, or otherwise dispose of any sediment removed in connection with the services and the Corps of Engineers may not seek any compensation for the value of the sediment.
• (e) Prior to accepting services provided by a non-Federal interest or commercial entity under this section, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate written notice of the acceptance of the services.
• (f) Not later than 3 years after October 23, 2018 , 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 describing the results of the program under this section.

§ 2326d. Alternative projects to maintenance dredging

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project.

§ 2326e. Non-Federal interest dredging authority

• (a) The Secretary may permit a non-Federal interest to carry out, for an authorized navigation project (or a separable element of an authorized navigation project), such maintenance activities as are necessary to ensure that the project is maintained to not less than the minimum project dimensions.
• (b) Except as provided in this section and subject to the availability of appropriations, the costs incurred by a non-Federal interest in performing the maintenance activities described in subsection (a) shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of the maintenance activities, with any reimbursement subject to the non-Federal interest complying with all Federal laws and regulations that would apply to such maintenance activities if carried out by the Secretary.
• (c) Before initiating maintenance activities under this section, a non-Federal interest shall enter into an agreement with the Secretary that specifies, for the performance of the maintenance activities, the terms and conditions that are acceptable to the non-Federal interest and the Secretary.
• (d) In carrying out maintenance activities under this section, a non-Federal interest shall—
  • (1) provide equipment at no cost to the Federal Government; and
  • (2) hold and save the United States free from any and all damage that arises from the use of the equipment of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government.
• (e) Costs that are eligible for reimbursement under this section are the costs of maintenance activities directly related to the costs associated with operation and maintenance of a dredge based on the lesser of—
  • (1) the costs associated with operation and maintenance of the dredge during the period of time that the dredge is being used in the performance of work for the Federal Government during a given fiscal year; or
  • (2) the actual fiscal year Federal appropriations that are made available for the portion of the maintenance activities for which the dredge was used.
• (f) Not earlier than 5 years after December 16, 2016 , the Secretary may conduct an audit on any maintenance activities for an authorized navigation project (or a separable element of an authorized navigation project) carried out under this section to determine if permitting a non-Federal interest to carry out maintenance activities under this section has resulted in—
  • (1) improved reliability and safety for navigation; and
  • (2) cost savings to the Federal Government.
• (g) The authority of the Secretary under this section terminates on the date that is 10 years after December 16, 2016 .

§ 2326f. Maintenance dredging data

• (a) The Secretary shall establish, maintain, and make publicly available a database on maintenance dredging carried out by the Secretary, which shall include information on maintenance dredging carried out by Federal and non-Federal vessels.
• (b) The Secretary shall include in the database maintained under subsection (a), for each maintenance dredging project and contract, estimated and actual data on—
  • (1) the volume of dredged material removed;
  • (2) the initial cost estimate of the Corps of Engineers;
  • (3) the total cost;
  • (4) the party and vessel carrying out the work; and
  • (5) the number of private contractor bids received and the bid amounts, including bids that did not win the final contract award.

§ 2327. Definition of rehabilitation for inland waterway projects

For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term “rehabilitation” means—

• (1) major project feature restoration—
  • (A) which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers;
  • (B) which will significantly extend the physical life of the feature;
  • (C) which is economically justified by a benefit-cost analysis;
  • (D) which will take at least 2 years to complete; and
  • (E)
    • (i) which is initially funded before October 1, 1994 , and will require at least $5,000,000 in capital outlays; or
    • (ii) which is initially funded on or after such date and will require at least $20,000,000 in capital outlays; and
• (2) structural modification of a major project component (not exhibiting reliability problems)—
  • (A) which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and
  • (B) which will require at least $1,000,000 in capital outlays.

§ 2328. Challenge cost-sharing program for management of recreation facilities

• (a) The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary’s jurisdiction.
• (b) To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary’s jurisdiction where such facilities and resources are being maintained at complete Federal expense.
• (c)
  • (1)
    • (A) The Secretary may allow a non-Federal public entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by that entity or the Department of the Army.
    • (B) A non-Federal public entity described in subparagraph (A) may use, to manage fee collections and reservations under this section, any visitor reservation service that the Secretary has provided for by contract or interagency agreement, subject to such terms and conditions as the Secretary determines to be appropriate.
  • (2) A non-Federal public entity that collects user fees under paragraph (1)—
    • (A) may retain up to 100 percent of the fees collected, as determined by the Secretary; and
    • (B) notwithstanding section 460d–3(b)(4) of title 16 , shall use any retained amount for operation, maintenance, and management activities at the recreation site at which the fee is collected.
  • (3) The authority of a non-Federal public entity under this subsection shall be subject to such terms and conditions as the Secretary determines necessary to protect the interests of the United States.
• (d) For purposes of carrying out this section the Secretary may accept contributions of funds, materials, and services from non-Federal public and private entities. Any funds received by the Secretary under this section shall be deposited into the account in the Treasury of the United States entitled “Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)” and shall be available until expended to carry out the purposes of this section.

§ 2328a. Special use permits

• (a)
  • (1) The Secretary may issue special permits for uses such as group activities, recreation events, motorized recreation vehicles, and such other specialized recreation uses as the Secretary determines to be appropriate, subject to such terms and conditions as the Secretary determines to be in the best interest of the Federal Government.
  • (2)
    • (A) In carrying out this subsection, the Secretary may—
      • (i) establish and collect fees associated with the issuance of the permits described in paragraph (1); or
      • (ii) accept in-kind services in lieu of those fees.
    • (B) The Secretary may establish and collect fees for the provision of outdoor recreation equipment and services for activities described in paragraph (1) at public recreation areas located at lakes and reservoirs operated by the Corps of Engineers.
    • (C) Any fees generated pursuant to this subsection shall be—
      • (i) retained at the site collected; and
      • (ii) available for use, without further appropriation, solely for administering the special permits under this subsection and carrying out related operation and maintenance activities at the site at which the fees are collected.
• (b)
  • (1)
    • (A) Subject to subparagraph (B), the Secretary may enter into an agreement with a State or local government to provide for the cooperative management of a public recreation area if—
      • (i) the public recreation area is located—
        • (I) at a lake or reservoir operated by the Corps of Engineers; and
        • (II) adjacent to or near a State or local park or recreation area; and
      • (ii) the Secretary determines that cooperative management between the Corps of Engineers and a State or local government agency of a portion of the Corps of Engineers recreation area or State or local park or recreation area will allow for more effective and efficient management of those areas.
    • (B) The Secretary may not transfer administration responsibilities for any public recreation area operated by the Corps of Engineers.
  • (2) The Secretary may acquire from or provide to a State or local government with which the Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be used by the Secretary and the State or local government in the cooperative management of the areas covered by the agreement.
  • (3) The Secretary may enter into 1 or more cooperative management agreements or such other arrangements as the Secretary determines to be appropriate, including leases or licenses, with non-Federal interests to share the costs of operation, maintenance, and management of recreation facilities and natural resources at recreation areas that are jointly managed and funded under this subsection.
• (c)
  • (1) If the Secretary determines that it is in the public interest for purposes of enhancing recreation opportunities at Corps of Engineers water resources development projects, the Secretary may use funds made available to the Secretary to support activities carried out by State, local, and tribal governments and such other public or private nonprofit entities as the Secretary determines to be appropriate.
  • (2) Any use of funds pursuant to this subsection shall be carried out through the execution of a cooperative agreement, which shall contain such terms and conditions as the Secretary determines to be necessary in the public interest.

§ 2329. International outreach program

• (a)
  • (1) The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States.
  • (2) Activities under paragraph (1) may include—
    • (A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;
    • (B) research, development, training, and other forms of technology transfer and exchange; and
    • (C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.
• (b) The Secretary may carry out the provisions of this section in cooperation with Federal departments and agencies, State and local agencies, authorities, institutions, corporations (profit or nonprofit), foreign governments, or other organizations.
• (c) The funds to carry out the provisions of this section shall include funds deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating entity or organization according to cost-sharing agreements proscribed by the Secretary. Reimbursement for services provided under this section shall be credited to the appropriation concerned.

§ 2330. Aquatic ecosystem restoration

• (a)
  • (1) The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project—
    • (A)
      • (i) will improve the quality of the environment and is in the public interest; or
      • (ii) will improve the elements and features of an estuary (as defined in section 2902 of this title ); and
    • (B) is cost-effective.
  • (2) A project under this section may include removal of a dam.
• (b)
  • (1) Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations.
  • (2) Before October 1, 2003 , the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs.
• (c)
  • (1) Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.
  • (2) Notwithstanding section 1962d–5b of title 42 , for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government.
• (d) Not more than $10,000,000 in Federal funds may be allotted under this section for a project at any single locality.
• (e) In carrying out a project to restore and protect an aquatic ecosystem or estuary under subsection (a), the Secretary shall consider, and may include, with the consent of the non-Federal interest, a natural feature or nature-based feature, as such terms are defined in section 2289a of this title , if the Secretary determines that inclusion of such features is consistent with the requirements of subsection (a).
• (f) There is authorized to be appropriated to carry out this section $62,500,000 for each fiscal year.

§ 2330a. Monitoring ecosystem restoration

• (a) In conducting a feasibility study for a project (or a component of a project) for ecosystem restoration, the Secretary shall ensure that the recommended project includes, as an integral part of the project, a plan for monitoring the success of the ecosystem restoration.
• (b) The monitoring plan shall—
  • (1) include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the estimated cost and duration of the monitoring; and
  • (2) specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met.
• (c) For a period of 10 years from completion of construction of a project (or a component of a project) for ecosystem restoration, the Secretary shall consider the cost of carrying out the monitoring as a project cost. If the monitoring plan under subsection (b) requires monitoring beyond the 10-year period, the cost of monitoring shall be a non-Federal responsibility.
• (d) A monitoring plan under subsection (b) shall include a description of—
  • (1) the types and number of restoration activities to be conducted;
  • (2) the physical action to be undertaken to achieve the restoration objectives of the project;
  • (3) the functions and values that will result from the restoration plan; and
  • (4) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan.
• (e) The responsibility of a non-Federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project, or a component of a project, for ecosystem restoration shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2).
• (f) The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (e).

§ 2330b. Fish hatcheries

• (a) Notwithstanding any other provision of law, the Secretary may operate a fish hatchery for the purpose of restoring a population of fish species located in the region surrounding the fish hatchery that is listed as a threatened species or an endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) or a similar State law.
• (b) A non-Federal entity, another Federal agency, or a group of non-Federal entities or other Federal agencies shall be responsible for 100 percent of the additional costs associated with managing a fish hatchery for the purpose described in subsection (a) that are not authorized as of December 16, 2016 , for the fish hatchery.

§ 2331. Use of continuing contracts for construction of certain projects

• (a) Notwithstanding any other provision of law, the Secretary shall not implement a fully allocated funding policy with respect to a water resource project if initiation of construction has occurred but sufficient funds are not available to complete the project.
• (b) The Secretary shall enter into a continuing contract for a project described in subsection (a).
• (c) For the purposes of this section, initiation of construction for a project occurs on the date of enactment of an Act that appropriates funds for the project from 1 of the following appropriation accounts:
  • (1) Construction, General.
  • (2) Operation and Maintenance, General.
  • (3) Flood Control, Mississippi River and Tributaries.

§ 2331a. Initiating work on separable elements

With respect to a water resources development project that has received construction funds in the previous 6-year period, for purposes of initiating work on a separable element of the project—

• (1) no new start or new investment decision shall be required; and
• (2) the work shall be treated as ongoing work.

§ 2332. Flood mitigation and riverine restoration program

• (a) The Secretary may undertake a program for the purpose of conducting projects to reduce flood hazards and restore the natural functions and values of rivers throughout the United States.
• (b)
  • (1) In carrying out the program, the Secretary may conduct studies to identify appropriate flood damage reduction, conservation, and restoration measures and may design and implement projects described in subsection (a).
  • (2) The studies and projects carried out under this section shall be conducted, to the maximum extent practicable, in consultation and coordination with the Federal Emergency Management Agency and other appropriate Federal agencies, and in consultation and coordination with appropriate State and local agencies and tribes.
  • (3) The studies and projects shall emphasize, to the maximum extent practicable and appropriate, nonstructural approaches to preventing or reducing flood damages.
  • (4) The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood damage reduction or riverine and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains.
• (c)
  • (1) Studies conducted under this section shall be subject to cost sharing in accordance with section 2215 of this title .
  • (2)
    • (A) The non-Federal interests shall pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out under this section.
    • (B) The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects.
    • (C) The value of such land, easements, rights-of-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph.
  • (3) Any structural flood control projects carried out under this section shall be subject to cost sharing in accordance with section 2213(a) of this title .
  • (4) The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section.
• (d)
  • (1) Notwithstanding any other provision of law or requirement for economic justification established under section 1962–2 of title 42 , the Secretary may implement a project under this section if the Secretary determines that the project—
    • (A) will significantly reduce potential flood damages;
    • (B) will improve the quality of the environment; and
    • (C) is justified considering all costs and beneficial outputs of the project.
  • (2)
    • (A) Not later than 180 days after August 17, 1999 , the Secretary, in cooperation with State and local agencies and tribes, shall—
      • (i) develop, and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, criteria for selecting and rating projects to be carried out under this section; and
      • (ii) establish policies and procedures for carrying out the studies and projects undertaken under this section.
    • (B) The criteria referred to in subparagraph (A)(i) shall include, as a priority, the extent to which the appropriate State government supports the project.
• (e) In carrying out this section, the Secretary shall examine appropriate locations, including—
  • (1) Pima County, Arizona, at Paseo De Las Iglesias and Rillito River;
  • (2) Coachella Valley, Riverside County, California;
  • (3) Los Angeles and San Gabriel Rivers, California;
  • (4) Murrieta Creek, California;
  • (5) Napa River Valley watershed, California, at Yountville, St. Helena, Calistoga, and American Canyon;
  • (6) Santa Clara basin, California, at Upper Guadalupe River and Tributaries, San Francisquito Creek, and Upper Penitencia Creek;
  • (7) Pond Creek, Kentucky;
  • (8) Red River of the North, Minnesota, North Dakota, and South Dakota;
  • (9) Connecticut River, New Hampshire;
  • (10) Pine Mount Creek, New Jersey;
  • (11) Southwest Valley, Albuquerque, New Mexico;
  • (12) Upper Delaware River, New York;
  • (13) Briar Creek, North Carolina;
  • (14) Chagrin River, Ohio;
  • (15) Mill Creek, Cincinnati, Ohio;
  • (16) Tillamook County, Oregon;
  • (17) Willamette River basin, Oregon;
  • (18) Blair County, Pennsylvania, at Altoona and Frankstown Township;
  • (19) Delaware River, Pennsylvania;
  • (20) Schuylkill River, Pennsylvania;
  • (21) Providence County, Rhode Island;
  • (22) Shenandoah River, Virginia;
  • (23) Lincoln Creek, Wisconsin;
  • (24) Perry Creek, Iowa;
  • (25) Lester, St. Louis, East Savanna, and Floodwood Rivers, Duluth, Minnesota;
  • (26) Lower Hudson River and tributaries, New York;
  • (27) Susquehanna River watershed, Bradford County, Pennsylvania;
  • (28) Clear Creek, Harris, Galveston, and Brazoria Counties, Texas;
  • (29) Ascension Parish, Louisiana;
  • (30) East Baton Rouge Parish, Louisiana;
  • (31) Iberville Parish, Louisiana;
  • (32) Livingston Parish, Louisiana; and
  • (33) Pointe Coupee Parish, Louisiana.
• (f)
  • (1) The program established under this section shall be subject to an independent review to evaluate the efficacy of the program in achieving the dual goals of flood hazard mitigation and riverine restoration.
  • (2) Not later than April 15, 2003 , 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 on the findings of the review conducted under this subsection with any recommendations concerning continuation of the program.
• (g) Not more than $30,000,000 may be expended by the United States on any single project under this section.
• (h)
  • (1) The Secretary shall not implement any project under this section until—
    • (A) the Secretary submits to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notification describing the project and the determinations made under subsection (d)(1); and
    • (B) 21 calendar days have elapsed after the date on which the notification was received by the committees.
  • (2)
    • (A) No appropriation shall be made to construct any project under this section the total Federal cost of construction of which exceeds $15,000,000 if the project has not been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
    • (B) For the purpose of securing consideration of approval under this paragraph, the Secretary shall submit a report on the proposed project, including all relevant data and information on all costs.
• (i)
  • (1) There are authorized to be appropriated to carry out this section $20,000,000.
  • (2) All studies and projects carried out under this section from Army Civil Works appropriations shall be fully funded within the program funding levels provided in this subsection.

§ 2333. Irrigation diversion protection and fisheries enhancement assistance

• (a) The Secretary may provide technical planning and design assistance to non-Federal interests and may conduct other site-specific studies to formulate and evaluate fish screens, fish passages devices, and other measures to decrease the incidence of juvenile and adult fish inadvertently entering irrigation systems.
• (b) Measures under subsection (a)—
  • (1) shall be developed in cooperation with Federal and State resource agencies; and
  • (2) shall not impair the continued withdrawal of water for irrigation purposes.
• (c) In providing assistance under subsection (a), the Secretary shall give priority based on—
  • (1) the objectives of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.);
  • (2) cost-effectiveness; and
  • (3) the potential for reducing fish mortality.
• (d)
  • (1) The non-Federal share of the cost of measures under subsection (a) shall be 50 percent.
  • (2) Not more than 50 percent of the non-Federal contribution may be made through the provision of services, materials, supplies, or other in-kind contributions.
• (e) This section does not authorize any construction activity.
• (f) Not later than 2 years after August 17, 1999 , the Secretary shall submit to Congress a report on—
  • (1) fish mortality caused by irrigation water intake devices;
  • (2) appropriate measures to reduce fish mortality;
  • (3) the extent to which those measures are currently being employed in arid States;
  • (4) the construction costs associated with those measures; and
  • (5) the appropriate Federal role, if any, to encourage the use of those measures.

§ 2334. Innovative technologies for watershed restoration

The Secretary shall examine using, and, if appropriate, encourage the use of, innovative treatment technologies, including membrane technologies, for watershed and environmental restoration and protection projects involving water quality.

§ 2335. Coastal aquatic habitat management

• (a) The Secretary may cooperate with the Secretaries of Agriculture and the Interior, the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, other appropriate Federal, State, and local agencies, and affected private entities, in the development of a management strategy to address problems associated with toxic microorganisms and the resulting degradation of ecosystems in the tidal and nontidal wetlands and waters of the United States.
• (b) As part of the management strategy, the Secretary may provide planning, design, and other technical assistance to each participating State in the development and implementation of nonregulatory measures to mitigate environmental problems and restore aquatic resources.
• (c) The Federal share of the cost of measures undertaken under this section shall not exceed 65 percent.
• (d) The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.
• (e) There is authorized to be appropriated to carry out this section $7,000,000 for the period beginning with fiscal year 2000.

§ 2336. Abandoned and inactive noncoal mine restoration

• (a) The Secretary may provide technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines.
• (b) Assistance provided under subsection (a) may be in support of projects for the purposes of—
  • (1) managing drainage from abandoned and inactive noncoal mines;
  • (2) restoring and protecting streams, rivers, wetlands, other waterbodies, and riparian areas degraded by drainage from abandoned and inactive noncoal mines; and
  • (3) demonstrating management practices and innovative and alternative treatment technologies to minimize or eliminate adverse environmental effects associated with drainage from abandoned and inactive noncoal mines.
• (c) The non-Federal share of the cost of assistance under subsection (a) shall be 50 percent, except that the Federal share with respect to projects located on land owned by the United States shall be 100 percent.
• (d) Nothing in this section affects the authority of the Secretary of the Interior under title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq.).
• (e) The Secretary may provide assistance to non-Federal and nonprofit entities to develop, manage, and maintain a database of conventional and innovative, cost-effective technologies for reclamation of abandoned and inactive noncoal mine sites. Such assistance shall be provided through the Rehabilitation of Abandoned Mine Sites Program managed by the Sacramento District Office of the Corps of Engineers.
• (f) There is authorized to be appropriated to carry out this section $20,000,000.

§ 2337. Property protection program

• (a) The Secretary may carry out a program to reduce vandalism and destruction of property at water resources development projects under the jurisdiction of the Department of the Army.
• (b) In carrying out the program, the Secretary may provide rewards (including cash rewards) to individuals who provide information or evidence leading to the arrest and prosecution of individuals causing damage to Federal property.
• (c) There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2001 and each fiscal year thereafter.

§ 2338. Reburial and conveyance authority

• (a) In this section, the term “Indian tribe” has the meaning given the term in section 5304 of title 25 .
• (b)
  • (1) In consultation with affected Indian tribes, the Secretary may identify and set aside areas at civil works projects of the Department of the Army that may be used to rebury Native American remains that—
    • (A) have been discovered on project land; and
    • (B) have been rightfully claimed by a lineal descendant or Indian tribe in accordance with applicable Federal law.
  • (2) In consultation with and with the consent of the lineal descendant or the affected Indian tribe, the Secretary may recover and rebury, at Federal expense, the remains at the areas identified and set aside under subsection (b)(1).
• (c)
  • (1) Subject to paragraph (2), notwithstanding any other provision of law, the Secretary may convey to an Indian tribe for use as a cemetery an area at a civil works project that is identified and set aside by the Secretary under subsection (b)(1).
  • (2) In carrying out paragraph (1), the Secretary shall retain any necessary right-of-way, easement, or other property interest that the Secretary determines to be necessary to carry out the authorized purposes of the project.

§ 2339. Assistance programs

• (a) To further training and educational opportunities about water resources development projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with non-Federal public and nonprofit entities for services relating to natural resources conservation or recreation management.
• (b) In carrying out studies and projects under the jurisdiction of the Secretary, the Secretary may enter into cooperative agreements with multistate regional private nonprofit rural community assistance entities for services, including water resource assessment, community participation, planning, development, and management activities.
• (c) The Secretary, to the maximum extent practicable, shall enter into cooperative agreements with qualified youth service and conservation corps organizations for services relating to projects under the jurisdiction of the Secretary and shall do so in a manner that ensures the maximum participation and opportunities for such organizations.
• (d) A cooperative agreement entered into under this section shall not be considered to be, or treated as being, a cooperative agreement to which chapter 63 of title 31 applies.

§ 2339a. Cooperative agreements with Indian tribes

The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources.

§ 2340. Revision of project partnership agreement; cost sharing

• (a) Upon authorization by law of an increase in the maximum amount of Federal funds that may be allocated for a water resources project or an increase in the total cost of a water resources project authorized to be carried out by the Secretary, the Secretary shall enter into a revised partnership agreement for the project to take into account the change in Federal participation in the project.
• (b) An increase in the maximum amount of Federal funds that may be allocated for a water resources project, or an increase in the total cost of a water resources project, authorized to be carried out by the Secretary shall not affect any cost-sharing requirement applicable to the project.
• (c) The estimated Federal and non-Federal costs of water resources projects authorized to be carried out by the Secretary before, on, or after November 8, 2007 , are for informational purposes only and shall not be interpreted as affecting the cost-sharing responsibilities established by law.

§ 2341. Expedited actions for emergency flood damage reduction

The Secretary shall expedite any authorized planning, design, and construction of any project for flood damage reduction for an area that, within the preceding 5 years, has been subject to flooding that resulted in the loss of life and caused damage of sufficient severity and magnitude to warrant a declaration of a major disaster by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.).

§ 2341a. Prioritization

• (a)
  • (1) For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing studies that—
    • (A) address an imminent threat to life and property;
    • (B) prevent storm surge from inundating populated areas;
    • (C) restore or prevent the loss of coastal wetlands that help reduce the impact of storm surge;
    • (D) protect emergency hurricane evacuation routes or shelters;
    • (E) prevent adverse impacts to publicly owned or funded infrastructure and assets;
    • (F) minimize disaster relief costs to the Federal Government; and
    • (G) address hurricane and storm damage risk reduction in an area for which the President declared a major disaster in accordance with section 5170 of title 42 .
  • (2) Not later than 180 days after December 16, 2016 , the Secretary shall—
    • (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a list of all—
      • (i) ongoing hurricane and storm damage reduction feasibility studies that have signed feasibility cost-share agreements and have received Federal funds since 2009; and
      • (ii) authorized hurricane and storm damage reduction projects;
    • (B) identify those projects on the list required under subparagraph (A) that meet the criteria described in paragraph (1); and
    • (C) provide a plan for expeditiously completing the projects identified under subparagraph (B), subject to available funding.
• (b)
  • (1) For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall give funding priority to projects—
    • (A) that—
      • (i) address an identified threat to public health, safety, or welfare;
      • (ii) preserve or restore ecosystems of national significance; or
      • (iii) preserve or restore habitats of importance for federally protected species, including migratory birds; and
    • (B) for which the restoration activities will contribute to other ongoing or planned Federal, State, or local restoration initiatives.
  • (2) Not later than 180 days after December 16, 2016 , 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 contains—
    • (A) a list of all programmatic authorities for aquatic ecosystem restoration or improvement of the environment that—
      • (i) were authorized or modified in the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1041 ) or any subsequent Act; and
      • (ii) that meet the criteria described in paragraph (1); and
    • (B) a plan for expeditiously completing the projects under the authorities described in subparagraph (A), subject to available funding.

§ 2341b. Prioritization of certain projects

The Secretary shall give priority to a project for flood risk management if—

• (1) there is an executed project partnership agreement for the project; and
• (2) the project is located in an area—
  • (A) with respect to which—
    • (i) there has been a loss of life due to flood events; and
    • (ii) the President has declared that a major disaster or emergency exists under section 5170 of title 42 ; or
  • (B) that is at significant risk for catastrophic flooding.

§ 2342. Access to water resource data

• (a) Using available funds, the Secretary shall make publicly available, including on the Internet, all data in the custody of the Corps of Engineers on—
  • (1) the planning, design, construction, operation, and maintenance of water resources development projects; and
  • (2) water quality and water management of projects owned, operated, or managed by the Corps of Engineers.
• (b) Nothing in this section may be construed to compel or authorize the disclosure of data or other information determined by the Secretary to be confidential information, privileged information, law enforcement information, national security information, infrastructure security information, personal information, or information the disclosure of which is otherwise prohibited by law.
• (c) The Secretary shall ensure that data is made publicly available under subsection (a) as quickly as practicable after the data is generated by the Corps of Engineers.
• (d) In carrying out this section, the Secretary may develop partnerships, including through cooperative agreements, with State, tribal, and local governments and other Federal agencies.

§ 2343. Independent peer review

• (a)
  • (1) Project studies shall be subject to a peer review by an independent panel of experts as determined under this section.
  • (2) The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study.
  • (3)
    • (A) A project study shall be subject to peer review under paragraph (1) if—
      • (i) the project has an estimated total cost of more than $200,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6);
      • (ii) the Governor of an affected State requests a peer review by an independent panel of experts; or
      • (iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4).
    • (B)
      • (i) A project study shall be considered by the Chief of Engineers for peer review under this section if the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on environmental, cultural, or other resources under the jurisdiction of the agency after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts.
      • (ii) A decision of the Chief of Engineers under this subparagraph whether to conduct a peer review shall be made within 21 days of the date of receipt of the request by the head of the Federal or State agency under clause (i).
      • (iii) If the Chief of Engineers decides not to conduct a peer review following a request under clause (i), the Chief shall make publicly available, including on the Internet, the reasons for not conducting the peer review.
      • (iv) A decision by the Chief of Engineers not to conduct a peer review following a request under clause (i) shall be subject to appeal by a person referred to in clause (i) to the Chairman of the Council on Environmental Quality if such appeal is made within the 30-day period following the date of the decision being made available under clause (iii). A decision of the Chairman on an appeal under this clause shall be made within 30 days of the date of the appeal.
  • (4) In determining whether a project study is controversial under paragraph (3)(A)(iii), the Chief of Engineers shall consider if—
    • (A) there is a significant public dispute as to the size, nature, or effects of the project; or
    • (B) there is a significant public dispute as to the economic or environmental costs or benefits of the project.
  • (5) The Chief of Engineers may exclude a project study from peer review under paragraph (1)—
    • (A) if the project study does not include an environmental impact statement and is a project study subject to peer review under paragraph (3)(A)(i) that the Chief of Engineers determines—
      • (i) is not controversial;
      • (ii) has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources;
      • (iii) has no substantial adverse impacts on fish and wildlife species and their habitat prior to the implementation of mitigation measures; and
      • (iv) has, before implementation of mitigation measures, no more than a negligible adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) or the critical habitat of such species designated under such Act;
    • (B) if the project study—
      • (i) involves only the rehabilitation or replacement of existing hydropower turbines, lock structures, or flood control gates within the same footprint and for the same purpose as an existing water resources project;
      • (ii) is for an activity for which there is ample experience within the Corps of Engineers and industry to treat the activity as being routine; and
      • (iii) has minimal life safety risk; or
    • (C) if the project study does not include an environmental impact statement and is a project study pursued under section 701s of this title , section 701g of this title , section 701r of this title , section 577(a) of this title , section 426g of this title , section 426i of this title , section 603a of this title , section 2309a of this title , or section 2330 of this title .
  • (6) For purposes of determining the estimated total cost of a project under paragraph (3)(A), the total cost shall be based upon the reasonable estimates of the Chief of Engineers at the completion of the reconnaissance study for the project. If the reasonable estimate of total costs is subsequently determined to be in excess of the amount in paragraph (3)(A), the Chief of Engineers shall make a determination whether a project study is required to be reviewed under this section.
• (b)
  • (1) The Chief of Engineers shall determine the timing of a peer review of a project study under subsection (a). In all cases, the peer review shall occur during the period beginning on the date of the signing of the feasibility cost-sharing agreement for the study and ending on the date established under subsection (e)(1)(A) for the peer review and shall be accomplished concurrent with the conducting of the project study.
  • (2) In any case in which the Chief of Engineers has not initiated a peer review of a project study, the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time that—
    • (A) the without-project conditions are identified;
    • (B) the array of alternatives to be considered are identified; and
    • (C) the preferred alternative is identified.
  • (3) If the Chief of Engineers does not initiate a peer review for a project study at a time described in paragraph (2), the Chief shall—
    • (A) not later than 7 days after the date on which the Chief of Engineers determines not to initiate a peer review—
      • (i) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of that decision; and
      • (ii) make publicly available, including on the Internet, the reasons for not conducting the review; and
    • (B) include the reasons for not conducting the review in the decision document for the project study.
  • (4) Nothing in this subsection shall be construed to require the Chief of Engineers to conduct multiple peer reviews for a project study.
• (c)
  • (1) For each project study subject to peer review under subsection (a), as soon as practicable after the Chief of Engineers determines that a project study will be subject to peer review, the Chief of Engineers shall contract with the National Academy of Sciences or a similar independent scientific and technical advisory organization or an eligible organization to establish a panel of experts to conduct a peer review for the project study.
  • (2) A panel of experts established for a project study under this section shall be composed of independent experts who represent a balance of areas of expertise suitable for the review being conducted.
  • (3) The National Academy of Sciences or any other organization the Chief of Engineers contracts with under paragraph (1) to establish a panel of experts shall apply the National Academy of Science’s policy for selecting committee members to ensure that members selected for the panel of experts have no conflict with the project being reviewed.
  • (4) Following the identification of a project study for peer review under this section, but prior to initiation of the review by the panel of experts, the Chief of Engineers shall, not later than 7 days after the date on which the Chief of Engineers determines to conduct a review—
    • (A) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the review conducted under this section; and
    • (B) make publicly available, including on the Internet, information on—
      • (i) the dates scheduled for beginning and ending the review;
      • (ii) the entity that has the contract for the review; and
      • (iii) the names and qualifications of the panel of experts.
• (d) A panel of experts established for a peer review for a project study under this section shall—
  • (1) conduct the peer review for the project study;
  • (2) assess the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers;
  • (3) receive from the Chief of Engineers the public written and oral comments provided to the Chief of Engineers;
  • (4) provide timely written and oral comments to the Chief of Engineers throughout the development of the project study, as requested; and
  • (5) submit to the Chief of Engineers a final report containing the panel’s economic, engineering, and environmental analysis of the project study, including the panel’s assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers, to accompany the publication of the report of the Chief of Engineers for the project.
• (e)
  • (1) A panel of experts established under this section shall—
    • (A) complete its peer review under this section for a project study and submit a report to the Chief of Engineers under subsection (d)(5) not more than 60 days after the last day of the public comment period for the draft project study, or, if the Chief of Engineers determines that a longer period of time is necessary, such period of time determined necessary by the Chief of Engineers; and
    • (B) terminate on the date of initiation of the State and agency review required by section 701–1 of this title .
  • (2) If a panel of experts does not complete its peer review of a project study under this section and submit a report to the Chief of Engineers under subsection (d)(5) on or before the deadline established by paragraph (1) for the peer review, the Chief of Engineers shall complete the project study without delay.
• (f)
  • (1) After receiving a report on a project study from a panel of experts under this section and before entering a final record of decision for the project, the Chief of Engineers shall consider any recommendations contained in the report and prepare a written response for any recommendations adopted or not adopted.
  • (2) After receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall make available to the public, including on the Internet, and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
    • (A) a copy of the report not later than 7 days after the date on which the report is delivered to the Chief of Engineers; and
    • (B) a copy of any written response of the Chief of Engineers on recommendations contained in the report not later than 3 days after the date on which the response is delivered to the Chief of Engineers.
  • (3) A report on a project study from a panel of experts under this section and the written response of the Chief of Engineers shall be included in the final decision document for the project study.
• (g)
  • (1) The costs of a panel of experts established for a peer review under this section—
    • (A) shall be a Federal expense; and
    • (B) shall not exceed $500,000.
  • (2) The Chief of Engineers may waive the $500,000 limitation contained in paragraph (1)(B) in cases that the Chief of Engineers determines appropriate.
• (h) This section shall apply to—
  • (1) project studies initiated during the 2-year period preceding November 8, 2007 , and for which the array of alternatives to be considered has not been identified; and
  • (2) project studies initiated during the period beginning on November 8, 2007 , and ending 17 years after November 8, 2007 .
• (i)
  • (1) Not later than 3 years after November 8, 2007 , the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section.
  • (2) Not later than 6 years after November 8, 2007 , the Chief of Engineers shall update the report under paragraph (1) taking into account any further information on implementation of this section and submit such updated report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
• (j) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a peer review panel established under this section.
• (k) Nothing in this section shall be construed to affect any authority of the Chief of Engineers to cause or conduct a peer review of a water resources project existing on November 8, 2007 .
• (l) In this section, the following definitions apply:
  • (1) The term “project study” means—
    • (A) a feasibility study or reevaluation study for a water resources project, including the environmental impact statement prepared for the study; and
    • (B) any other study associated with a modification of a water resources project that includes an environmental impact statement, including the environmental impact statement prepared for the study.
  • (2) The term “affected State”, as used with respect to a water resources project, means a State all or a portion of which is within the drainage basin in which the project is or would be located and would be economically or environmentally affected as a consequence of the project.
  • (3) The term “eligible organization” means an organization that—
    • (A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of title 26;
    • (B) is independent;
    • (C) is free from conflicts of interest;
    • (D) does not carry out or advocate for or against Federal water resources projects; and
    • (E) has experience in establishing and administering peer review panels.
  • (4) The term “total cost”, as used with respect to a water resources project, means the cost of construction (including planning and designing) of the project. In the case of a project for hurricane and storm damage reduction or flood damage reduction that includes periodic nourishment over the life of the project, the term includes the total cost of the nourishment.

§ 2344. Safety assurance review

• (a) The Chief of Engineers shall ensure that the design and construction activities for hurricane and storm damage reduction and flood damage reduction projects are reviewed by independent experts under this section if the Chief of Engineers determines that a review by independent experts is necessary to assure public health, safety, and welfare.
• (b) In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether—
  • (1) the failure of the project would pose a significant threat to human life;
  • (2) the project involves the use of innovative materials or techniques;
  • (3) the project design lacks redundancy; or
  • (4) the project has a unique construction sequencing or a reduced or overlapping design construction schedule.
• (c)
  • (1) At the appropriate point in the development of detailed engineering and design specifications for each water resources project subject to review under this section, the Chief of Engineers shall initiate a safety assurance review by independent experts on the design and construction activities for the project.
  • (2) A safety assurance review under this section shall include participation by experts selected by the Chief of Engineers from among individuals who are distinguished experts in engineering, hydrology, or other appropriate disciplines. The Chief of Engineers shall apply the National Academy of Science’s policy for selecting reviewers to ensure that reviewers have no conflict of interest with the project being reviewed.
  • (3) An individual serving as an independent reviewer under this section shall be compensated at a rate of pay to be determined by the Secretary and shall be allowed travel expenses.
• (d) A safety assurance review under this section shall include a review of the design and construction activities prior to the initiation of physical construction and periodically thereafter until construction activities are completed on a regular schedule sufficient to inform the Chief of Engineers on the adequacy, appropriateness, and acceptability of the design and construction activities for the purpose of assuring public health, safety, and welfare. The Chief of Engineers shall ensure that reviews under this section do not create any unnecessary delays in design and construction activities.
• (e) The written recommendations of a reviewer or panel of reviewers under this section and the responses of the Chief of Engineers shall be available to the public, including through electronic means on the Internet.
• (f) This section shall apply to any project in design or under construction on November 8, 2007 , and to any project with respect to which design or construction is initiated during the period beginning on November 8, 2007 , and ending 7 years after November 8, 2007 .
• (g) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance review conducted under this section.

§ 2345. Electronic submission and tracking of permit applications

• (a)
  • (1) The Secretary shall research, develop, and implement an electronic system to allow the electronic preparation and submission of applications for permits and requests for jurisdictional determinations under the jurisdiction of the Secretary.
  • (2) The electronic system required under paragraph (1) shall address—
    • (A) applications for standard individual permits;
    • (B) applications for letters of permission;
    • (C) joint applications with States for State and Federal permits;
    • (D) applications for emergency permits;
    • (E) applications or requests for jurisdictional determinations; and
    • (F) preconstruction notification submissions, when required for a nationwide or other general permit.
  • (3) The Secretary shall seek to incorporate the electronic system required under paragraph (1) into existing systems and databases of the Corps of Engineers to the maximum extent practicable.
  • (4) The electronic system required under paragraph (1) shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is otherwise prohibited by law.
• (b) The electronic system required under subsection (a) shall—
  • (1) enable an applicant or requester to prepare electronically an application for a permit or request;
  • (2) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, the completed application form or request;
  • (3) enable an applicant or requester to submit to the Secretary, by email or other means through the Internet, data and other information in support of the permit application or request;
  • (4) provide an online interactive guide to provide assistance to an applicant or requester at any time while filling out the permit application or request; and
  • (5) enable an applicant or requester (or a designated agent) to track the status of a permit application or request in a manner that will—
    • (A) allow the applicant or requester to determine whether the application is pending or final and the disposition of the request;
    • (B) allow the applicant or requester to research previously submitted permit applications and requests within a given geographic area and the results of such applications or requests; and
    • (C) allow identification and display of the location of the activities subject to a permit or request through a map-based interface.
• (c) All permit decisions and jurisdictional determinations made by the Secretary shall be in writing and include documentation supporting the basis for the decision or determination. The Secretary shall prescribe means for documenting all decisions or determinations to be made by the Secretary.
• (d)
  • (1) The Secretary shall maintain, for a minimum of 5 years, a record of each permit decision and jurisdictional determination made by the Secretary, including documentation supporting the basis of the decision or determination.
  • (2) The Secretary shall explore and implement an appropriate mechanism for archiving records of permit decisions and jurisdictional determinations, including documentation supporting the basis of the decisions and determinations, after the 5-year maintenance period described in paragraph (1).
• (e)
  • (1) The Secretary shall make the records of all permit decisions and jurisdictional determinations made by the Secretary available to the public for review and reproduction.
  • (2) The Secretary shall provide for the protection of personal, private, privileged, confidential, and proprietary information, and information the disclosure of which is prohibited by law, which may be excluded from disclosure.
• (f)
  • (1) The Secretary shall develop and implement, to the maximum extent practicable, the electronic system required under subsection (a) not later than 2 years after December 16, 2016 .
  • (2) Not later than 180 days after the expiration of the deadline under paragraph (1), 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 describing the measures implemented and barriers faced in carrying out this section.
• (g) The requirements described in subsections (c), (d), and (e) shall apply to permit applications and requests for jurisdictional determinations submitted to the Secretary after December 16, 2016 .
• (h) This section shall not preclude the submission to the Secretary, acting through the Chief of Engineers, of a physical copy of a permit application or a request for a jurisdictional determination.

§ 2346. Project administration

• (a) The Secretary shall assign a unique tracking number to each water resources project under the jurisdiction of the Secretary to be used by each Federal agency throughout the life of the project.
• (b)
  • (1) The Secretary shall provide to the Library of Congress a copy of each final feasibility study, final environmental impact statement, final reevaluation report, final post-authorization change report, record of decision, and report to Congress prepared by the Corps of Engineers.
  • (2) Each document described in paragraph (1) shall be made available to the public, and an electronic copy of each document shall be made permanently available to the public through the Internet.

§ 2347. Coordination and scheduling of Federal, State, and local actions

• (a) Upon request of the non-Federal interest in the form of a written notice of intent to construct or modify a non-Federal water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, or navigation project that requires the approval of the Secretary, the Secretary shall initiate, subject to subsection (c), procedures to establish a schedule for consolidating Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all permits for the construction or modification of the project. All States and Indian tribes having jurisdiction over the proposed project shall be invited by the Secretary, but shall not be required, to participate in carrying out this section with respect to the project.
• (b) The Secretary shall seek, to the extent practicable, to consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The Secretary shall notify, to the extent possible, the non-Federal interest of its responsibilities for data development and information that may be necessary to process each permit required for the project, including a schedule when the information and data should be provided to the appropriate Federal, State, or local agency or Indian tribe.
• (c) The costs incurred by the Secretary to establish and carry out a schedule to consolidate Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and permit issuance for a project under this section shall be paid by the non-Federal interest.
• (d) Not later than 3 years after November 8, 2007 , the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, local, and tribal permits for the construction of non-Federal projects for water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, and navigation.

§ 2347a. Determination of project completion

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

§ 2347b. Purpose and need

• (a)
  • (1) Not later than 90 days after the date of receipt of a complete application for a water storage project, the District Engineer shall develop and provide to the applicant a purpose and need statement that describes—
    • (A) whether the District Engineer concurs with the assessment of the purpose of and need for the water storage project proposed by the applicant; and
    • (B) in any case in which the District Engineer does not concur as described in subparagraph (A), an assessment by the District Engineer of the purpose of and need for the project.
  • (2) No environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) shall substantially commence with respect to a water storage project until the date on which the District Engineer provides to the applicant a purpose and need statement as required under paragraph (1).
• (b) A non-Federal interest may use the administrative appeals process described in part 331 of title 33, Code of Federal Regulations (or any succeeding regulation), in relation to a decision of the Secretary related to an application for a water storage project.

§ 2348. Project acceleration

• (a) In this section:
  • (1) The term “environmental impact statement” means the detailed statement of environmental impacts of a project required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
  • (2)
    • (A) The term “environmental review process” means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for a project study.
    • (B) The term “environmental review process” includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
  • (3) The term “Federal jurisdictional agency” means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations).
  • (4) The term “Federal lead agency” means the Corps of Engineers.
  • (5) The term “project” means a water resources development project to be carried out by the Secretary.
  • (6) The term “project sponsor” has the meaning given the term “non-Federal interest” in section 1962d–5b(b) of title 42 .
  • (7) The term “project study” means a feasibility study for a project carried out pursuant to section 2282 of this title .
• (b)
  • (1) This section—
    • (A) shall apply to each project study that is initiated after June 10, 2014 , and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and
    • (B) may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after June 10, 2014 , and for which an environmental review process document is prepared under that Act.
  • (2) Any authority granted under this section may be exercised, and any requirement established under this section may be satisfied, for the conduct of an environmental review process for a project study, a class of project studies, or a program of project studies.
  • (3)
    • (A) The Secretary shall annually prepare, and make publicly available, a separate list of each study that the Secretary has determined—
      • (i) meets the standards described in paragraph (1); and
      • (ii) does not have adequate funding to make substantial progress toward the completion of the project study.
    • (B) The Secretary shall include for each project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study.
• (c)
  • (1) The Secretary shall develop and implement a coordinated environmental review process for the development of project studies.
  • (2) The coordinated environmental review process described in paragraph (1) shall require that any review, analysis, opinion, statement, permit, license, or other approval or decision issued or made by a Federal, State, or local governmental agency or an Indian tribe for a project study described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe.
  • (3) The coordinated environmental review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under subsection (e), establishes with respect to the project study.
• (d)
  • (1)
    • (A) At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and the requirements of section 1506.8 of title 40, Code of Federal Regulations (or successor regulations), including the concurrence of the proposed joint lead agency, a project sponsor may serve as the joint lead agency.
    • (B) A project sponsor that is a State or local governmental entity may—
      • (i) with the concurrence of the Secretary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and
      • (ii) prepare any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) required in support of any action or approval by the Secretary if—
        • (I) the Secretary provides guidance in the preparation process and independently evaluates that document;
        • (II) the project sponsor complies with all requirements applicable to the Secretary under—
        • (III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding.
  • (2) The Secretary shall ensure that—
    • (A) the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and
    • (B) any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the Secretary determines are necessary.
  • (3) Any environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency making any determination related to the project study to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under—
    • (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and
    • (B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
  • (4) With respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsibility—
    • (A) to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study; and
    • (B) to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.
• (e)
  • (1) With respect to carrying out the environmental review process for a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, and local government agencies and Indian tribes that may—
    • (A) have jurisdiction over the project;
    • (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or
    • (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study.
  • (2) If the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that—
    • (A) have jurisdiction over the project;
    • (B) are required to conduct or issue a review, analysis, opinion, or statement for the project study; or
    • (C) are required to make a determination on issuing a permit, license, or other approval or decision for the project study.
  • (3)
    • (A) The Federal lead agency shall invite, as early as practicable in the environmental review process, any agency identified under paragraph (1) to become a participating or cooperating agency, as applicable, in the environmental review process for the project study.
    • (B) An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause.
  • (4) Section 1501.6 of title 40, Code of Federal Regulations (as in effect on June 10, 2014 ) shall govern the identification and the participation of a cooperating agency.
  • (5) Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency—
    • (A)
      • (i)
        • (I) has no jurisdiction or authority with respect to the project;
        • (II) has no expertise or information relevant to the project; or
        • (III) does not have adequate funds to participate in the project; and
      • (ii) does not intend to submit comments on the project; or
    • (B) does not intend to submit comments on the project.
  • (6) A participating or cooperating agency shall comply with this section and any schedule established under this section.
  • (7) Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency—
    • (A) supports a proposed project; or
    • (B) has any jurisdiction over, or special expertise with respect to evaluation of, the project.
  • (8) Each participating or cooperating agency shall—
    • (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations; and
    • (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
• (f)
  • (1) The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that—
    • (A) eliminates repetitive discussions of the same issues;
    • (B) focuses on the actual issues ripe for analyses at each level of review;
    • (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out an environmental review process; and
    • (D) complies with—
      • (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and
      • (ii) all other applicable laws.
  • (2) In carrying out paragraph (1), the Secretary shall—
    • (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches;
    • (B) emphasize the importance of collaboration among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope;
    • (C) ensure that the programmatic reviews—
      • (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the temporal and special scales to be used to analyze those issues;
      • (ii) use accurate and timely information in the environmental review process, including—
        • (I) criteria for determining the general duration of the usefulness of the review; and
        • (II) the timeline for updating any out-of-date review;
      • (iii) describe—
        • (I) the relationship between programmatic analysis and future tiered analysis; and
        • (II) the role of the public in the creation of future tiered analysis; and
      • (iv) are available to other relevant Federal, State, and local governmental agencies, Indian tribes, and the public;
    • (D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and
    • (E) address any comments received under subparagraph (D).
• (g)
  • (1)
    • (A)
      • (i) The Federal lead agency shall, after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a project study or a category of project studies.
      • (ii) The plan established under clause (i) shall be incorporated into the project schedule milestones set under section 2282(g)(2) of this title .
    • (B)
      • (i) As soon as practicable but not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Federal lead agency, after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in subparagraph (A), a schedule for completion of the environmental review process for the project study.
      • (ii) In establishing a schedule, the Secretary shall consider factors such as—
        • (I) the responsibilities of participating and cooperating agencies under applicable laws;
        • (II) the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable;
        • (III) the overall size and complexity of the project;
        • (IV) the overall schedule for and cost of the project; and
        • (V) the sensitivity of the natural and historical resources that could be affected by the project.
      • (iii) The Secretary may—
        • (I) lengthen a schedule established under clause (i) for good cause; and
        • (II) shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applicable.
      • (iv) A copy of a schedule established under clause (i) shall be—
        • (I) provided to each participating and cooperating agency and the project sponsor or joint lead agency, as applicable; and
        • (II) made available to the public.
  • (2) The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study:
    • (A) For comments by Federal and States 1 1 So in original. Probably should be “State”. agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless—
      • (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or
      • (ii) the deadline is extended by the Federal lead agency for good cause.
    • (B) For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless—
      • (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or
      • (ii) the deadline is extended by the Federal lead agency for good cause.
  • (3) In any case in which a decision under any Federal law relating to a project study, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (h)(5)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
    • (A) as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an initial notice of the failure of the Federal agency to make the decision; and
    • (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project study have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
  • (4) Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations).
  • (5)
    • (A) Not later than 1 year after June 10, 2014 , the Secretary shall establish and maintain an electronic database and, in coordination with other Federal and State agencies, issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et. seq.) and any other Federal, State, or local approval or action required for a project study for which this section is applicable.
    • (B) Consistent with the requirements established under subparagraph (A), the Secretary shall publish the status and progress of any Federal, State, or local decision, action, or approval required under applicable laws for each project study for which this section is applicable.
• (h)
  • (1) The Federal lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws.
  • (2)
    • (A) The Federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.
    • (B) The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping.
  • (3) Based on information received from the Federal lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study.
  • (4)
    • (A) On the request of a participating or cooperating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to resolve issues that may—
      • (i) delay completion of the environmental review process; or
      • (ii) result in denial of any approval required for the project study under applicable laws.
    • (B) A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline.
    • (C) On receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting.
    • (D) If a resolution cannot be achieved within the 30 day-period beginning on the date of a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution.
    • (E) The Secretary may convene an issue resolution meeting under this paragraph at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A).
  • (5)
    • (A) A Federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process.
    • (B)
      • (i) If a Federal jurisdictional agency fails to render a decision required under any Federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)—
        • (I) $20,000 for any project study requiring the preparation of an environmental assessment or environmental impact statement; or
        • (II) $10,000 for any project study requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) other than an environmental assessment or environmental impact statement.
      • (ii) The date referred to in clause (i) is the later of—
        • (I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and
        • (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
    • (C)
      • (i) No transfer of funds under subparagraph (B) relating to an individual project study shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office.
      • (ii) The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year.
      • (iii) Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under the Water Resources Reform and Development Act of 2014 and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year.
    • (D)
      • (i) A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that—
        • (I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law;
        • (II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or
        • (III) the agency lacks the financial resources to complete the review under the scheduled time frame, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why not enough funding is available to complete the review by the deadline.
      • (ii) If the agency provides notice under clause (i)(III), the Inspector General of the agency shall—
        • (I) conduct a financial audit to review the notice; and
        • (II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the notice.
    • (E) The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds.
    • (F) Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law.
• (i)
  • (1) It is the sense of Congress that—
    • (A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State agencies, and Indian tribes on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and
    • (B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes.
  • (2) If requested at any time by a State or project sponsor, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or project sponsor in carrying out early coordination activities.
  • (3) If requested at any time by a State or project sponsor, the Federal lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, Indian tribe, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion.
• (j) Nothing in this section preempts or interferes with—
  • (1) any obligation to comply with the provisions of any Federal law, including—
    • (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and
    • (B) any other Federal environmental law;
  • (2) the reviewability of any final Federal agency action in a court of the United States or in the court of any State;
  • (3) any requirement for seeking, considering, or responding to public comment; or
  • (4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects.
• (k)
  • (1)
    • (A) Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless the claim is filed not later than 3 years after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law that allows judicial review.
    • (B) Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or other approval.
  • (2)
    • (A) The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations (including successor regulations).
    • (B) The preparation of a supplemental environmental impact statement or other environmental document, if required under this section, shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be 3 years after the date of publication of a notice in the Federal Register announcing the action relating to such supplemental environmental impact statement or other environmental document.
• (l)
  • (1) Not later than 180 days after June 10, 2014 , the Secretary shall—
    • (A) survey the use by the Corps of Engineers of categorical exclusions in projects since 2005;
    • (B) publish a review of the survey that includes a description of—
      • (i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and
      • (ii) any requests previously received by the Secretary for new categorical exclusions; and
    • (C) solicit requests from other Federal agencies and project sponsors for new categorical exclusions.
  • (2) Not later than 1 year after June 10, 2014 , if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before June 10, 2014 , based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation).
• (m)
  • (1) The Comptroller General of the United States shall—
    • (A) assess the reforms carried out under this section; and
    • (B) not later than 5 years and not later than 10 years after June 10, 2014 , submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the assessment.
  • (2) The reports under paragraph (1) shall include an evaluation of impacts of the reforms carried out under this section on—
    • (A) project delivery;
    • (B) compliance with environmental laws; and
    • (C) the environmental impact of projects.
• (n) The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process.
• (o) The Secretary shall prepare, in consultation with the Council on Environmental Quality and other Federal agencies with jurisdiction over actions or resources that may be impacted by a project, guidance documents that describe the coordinated environmental review processes that the Secretary intends to use to implement this section for the planning of projects, in accordance with the civil works program of the Corps of Engineers and all applicable law.

§ 2349. Categorical exclusions in emergencies

For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is—

• (1) in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section; 1 1 See References in Text note below. and
• (2) commenced within a 2-year period beginning on the date of a declaration described in this section.

§ 2350. Corrosion prevention

• (a) To the greatest extent practicable, the Secretary shall encourage and incorporate corrosion prevention activities at water resources development projects.
• (b) In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water resources development projects—
  • (1) use best practices to carry out corrosion prevention activities in the field;
  • (2) use industry-recognized standards and corrosion mitigation and prevention methods when—
    • (A) determining protective coatings;
    • (B) selecting materials; and
    • (C) determining methods of cathodic protection, design, and engineering for corrosion prevention;
  • (3) use certified coating application specialists and cathodic protection technicians and engineers;
  • (4) use best practices in environmental protection to prevent environmental degradation and to ensure careful handling of all hazardous materials;
  • (5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best practices and standards; and
  • (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration.
• (c) In this section, the term “corrosion prevention activities” means—
  • (1) the application and inspection of protective coatings for complex work involving steel and cementitious structures, including structures that will be exposed in immersion;
  • (2) the installation, testing, and inspection of cathodic protection systems; and
  • (3) any other activities related to corrosion prevention the Secretary determines appropriate.
• (d) In the first annual report submitted to Congress after December 16, 2016 , in accordance with section 556 of this title , and section 2295(b) of this title , the Secretary shall report on the corrosion prevention activities encouraged under this section, including—
  • (1) a description of the actions the Secretary has taken to implement this section; and
  • (2) a description of the projects utilizing corrosion prevention activities, including which activities were undertaken.

§ 2351. Durability, sustainability, and resilience

In carrying out the activities of the Corps of Engineers, the Secretary, to the maximum extent practicable, shall encourage the use of durable and sustainable materials and resilient construction techniques that—

• (1) allow a water resources infrastructure project—
  • (A) to resist hazards due to a major disaster; and
  • (B) to continue to serve the primary function of the water resources infrastructure project following a major disaster;
• (2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure project; and
• (3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event.

§ 2351a. Operation and maintenance of existing infrastructure

The Secretary shall improve the reliability, and operation and maintenance of, existing infrastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-related threats.

§ 2352. Funding to process permits

• (a)
  • (1) In this subsection:
    • (A) The term “natural gas company” has the meaning given the term in section 16451 of title 42 , except that the term also includes a person engaged in the transportation of natural gas in intrastate commerce.
    • (B) The term “public-utility company” has the meaning given the term in section 16451 of title 42 .
    • (C) The term “railroad carrier” has the meaning given the term in section 20102 of title 49 .
  • (2) The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity or a public-utility company, natural gas company, or railroad carrier to expedite the evaluation of a permit of that entity, company, or carrier related to a project or activity for a public purpose under the jurisdiction of the Department of the Army.
  • (3) To the maximum extent practicable, the Secretary shall ensure that expediting the evaluation of a permit through the use of funds accepted and expended under this section does not adversely affect the timeline for evaluation (in the Corps district in which the project or activity is located) of permits under the jurisdiction of the Department of the Army of other entities that have not contributed funds under this section.
  • (4) Not later than December 31, 2022 , the Comptroller General of the United States shall carry out a followup study of the implementation by the Secretary of the authority provided under paragraph (2) to public-utility companies, natural gas companies, and railroad carriers, including an evaluation of the compliance with the requirements of this section and, with respect to a permit for those entities, the requirements of applicable Federal laws.
• (b)
  • (1) In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally.
  • (2) In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall—
    • (A) be reviewed by—
      • (i) the District Commander, or the Commander’s designee, of the Corps District in which the project or activity is located; or
      • (ii) the Commander of the Corps Division in which the District is located if the evaluation of the permit is initially conducted by the District Commander; and
    • (B) utilize the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section.
• (c) None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A).
• (d)
  • (1) The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public in a common format, including on the Internet, and in a manner that distinguishes final permit decisions under this section from other final actions of the Secretary.
  • (2) The Secretary shall—
    • (A) use a standard decision document for evaluating all permits using funds accepted under this section; and
    • (B) make the standard decision document, along with all final permit decisions, available to the public, including on the Internet.
  • (3) The Secretary shall make all active agreements to accept funds under this section available on a single public Internet site.
• (e)
  • (1) The Secretary shall prepare an annual report on the implementation of this section, which, at a minimum, shall include for each district of the Corps of Engineers that accepts funds under this section—
    • (A) a comprehensive list of any funds accepted under this section during the previous fiscal year;
    • (B) a comprehensive list of the permits reviewed and approved using funds accepted under this section during the previous fiscal year, including a description of the size and type of resources impacted and the mitigation required for each permit; and
    • (C) a description of the training offered in the previous fiscal year for employees that is funded in whole or in part with funds accepted under this section.
  • (2) Not later than 90 days after the end of each fiscal year, the Secretary shall—
    • (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the annual report described in paragraph (1); and
    • (B) make each report received under subparagraph (A) available on a single publicly accessible Internet site.

§ 2353. Structural health monitoring

• (a) The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—
  • (1) response to flood and earthquake events;
  • (2) predisaster mitigation measures;
  • (3) lengthening the useful life of the infrastructure; and
  • (4) identifying risks due to sea level rise.
• (b) In developing the program under subsection (a), the Secretary shall—
  • (1) consult with academic and other experts; and
  • (2) consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.

§ 2354. Easements for electric, telephone, or broadband service facilities

• (a) In this section, the term “water resources development project” means a project under the administrative jurisdiction of the Corps of Engineers that is subject to part 327 of title 36, Code of Federal Regulations (or successor regulations).
• (b) The Secretary may not collect consideration for an easement across water resources development project land for the electric, telephone, or broadband service facilities of nonprofit organizations eligible for financing under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq.).
• (c) Nothing in this section affects the authority of the Secretary under section 2695 of title 10 or under section 9701 of title 31 to collect funds to cover reasonable administrative expenses incurred by the Secretary.

§ 2355. Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.