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United States · Law · HR

H.R. 3080 (113th)

Water Resources Reform and Development Act of 2014

enactedUnited States· United States Congress· EN

Introduced

11 September 2013

Last action

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Status

Became Public Law No: 113-121.

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Source updated

7 April 2025

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Summary

Water Resources Reform and Development Act of 2013 - Title I: Program Reforms and Streamlining - Revises requirements for feasibility studies under the Water Resources Development Act (WRDA) of 1986 to: (1) limit the duration of any feasibility study to 3 years; (2) limit the cost of any such study to $3 million; and (3) require personnel of the Army Corps of Engineers (Corps) to conduct concurrent reviews of feasibility studies (currently, sequential reviews are permitted). Requires the Secretary of the Army, not later than 90 days after the initiation of a feasibility study, to initiate federally-mandated reviews, including environmental reviews. Amends the WRDA of 2000 to authorize the Secretary to accept and expend funds contributed by a public utility company to expedite the evaluation of a permit for a water resources project or activity under the jurisdiction of the Department of the Army. Amends the WRDA of 2007 to designate the Corps as the federal lead agency in the environmental review process (i.e., preparation of an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 [NEPA]) for a water resources project study. Requires the Corps to: (1) facilitate the expeditious resolution of the environmental review process and complete documents required by NEPA, (2) conduct concurrent environmental reviews, and (3) establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project. Repeals requirements for: (1) a reconnaissance study by the Corps prior to initiating a feasibility study, and (2) review of the cost effectiveness of the design of each water resources project that has a total cost in excess of $10 million. Requires the Secretary to establish a process for the review of section 14 applications. Defines a "section 14 application" as an application for the temporary occupation or use of a public work or the alteration or permanent occupation or use of a public work. Authorizes a non-federal interest (i.e., a sponsor for a water resources project, including federally-recognized Indian tribes and nonprofit entities) to: (1) provide funds to the Corps to carry out feasibility studies and to carry out authorized federal water resources development projects, and (2) make contributions to the operation and maintenance of the inland navigation facilities. Extends the authority of the Secretary to carry out water-related planning activities and studies in Indian country in FY2014-FY2023. Directs the Secretary to establish a pilot program to evaluate the cost effectiveness and project delivery efficiency of allowing non-federal interests to carry out at least 15 authorized water resources development projects for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, and hurricane and storm damage reduction. Requires the Secretary to submit annual reports to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works on feasibility studies under this Act and on proposed modifications to an authorized water resources development project or feasibility study. Requires the President, as part of the President's annual budget submission to Congress, to identify and recommend Corps construction projects for which Congress should provide funding at the full level authorized for such projects. Requires the Corps, as part of such budget process, to report on the prioritization of federal action for the next fiscal year to mitigate for fish and wildlife losses due to Corps water resources projects in the Missouri River Basin. Directs the Secretary to make specific project recommendations relating to flood and storm damage reduction activities under the Disaster Relief Appropriations Act, 2013. Directs the Secretary to: (1) carry out a locally preferred plan that provides a higher level of flood protection and is funded by non-federal interests; (2) evaluate alternatives to ensure safety of affected communities and the resiliency of water resources development projects to future flooding and storm events; and (3) establish procedures for providing the public and governmental entities, including Indian tribes, with timely information regarding expected water levels and preparedness actions. Amends the WRDA of 1974 to authorize the Secretary to provide technical assistance to states to encourage state programs for levee safety. Requires the Secretary to establish federal guidelines relating to levee safety. Requires the Secretary to: (1) undertake a comprehensive review of Corps policy on vegetation management for levees, and (2) report on the use of electronic commerce in federal procurement. Amends the WRDA of 1992 to require the Secretary to consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby costal system. Directs the Secretary to encourage: (1) advanced modeling technologies, including 3-dimensional digital modeling, for activities related to water resources development projects and studies; (2) corrosion prevention activities at water resources development projects; and (3) the use of durable, resilient, and sustainable material and practices in carrying out Corps activities. Requires the Secretary to conduct an assessment of the management practices, priorities, and authorized purposes at Corps reservoirs in arid regions. Expresses the sense of Congress that Congress should consider a water resources development bill not less than once every Congress. Title II: Navigation Improvements - Subtitle A: Ports - Authorizes the Secretary, for any fiscal year in which specified target appropriations are met, to use up to 5% of the total amount made available from the Harbor Maintenance Trust Fund for eligible operations and maintenance costs described in the WRDA of 1986 for that fiscal year for expanded uses of such Trust Fund. Amends the WRDA of 1986 to direct the Secretary to: (1) assess the operation and maintenance needs of harbors used for commercial navigation and fishing and other purposes; (2) make expenditures to pay for operation and maintenance costs of the harbors, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor; (3) allocate, in each of FY2015-2016, not less than 10% of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors (those that transit less than 1 million tons of commerce annually); and (4) manage and allocate funding for all individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. Authorizes the Secretary to enter into an agreement with a non-federal interest to maintain a navigation project for a harbor or inland harbor (federally authorized harbor) in accordance with the WRDA of 1986. Amends the WRDA of 2007 to direct the Secretary to consolidate deep draft navigation expertise within the Corps into a deep draft navigation planning center of expertise. Authorizes the Secretary, with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to reopen the Cape Arundel Disposal Site in Maine as an alternative dredged material disposal site. Subtitle B: Inland Waterways - Directs the Secretary, for certain projects for navigation infrastructure of the inland and intracoastal waterways, to utilize certified project managers, utilize risk-based cost estimates, evaluate early contractor involvement acquisition procedures, review the use of fully funded contracts or continuing contracts, identify best management practices to speed project delivery, and develop a portfolio of standard design for inland navigation locks. Directs the Secretary to develop and submit a 20-year investment strategy for making capital investments on the inland and intracoastal waterways. Directs the Comptroller General (GAO) to prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund. Directs the Secretary to study methods of financing the Inland Waterways Trust Fund, including issuance of tax-exempt bonds and imposing user fees, and to consider the feasibility of fees and revenues from alternative sources. Directs the Secretary to conduct an inland waterways stakeholder roundtable to provide for a review and evaluation of alternative approaches to: (1) address the financial needs of the Inland Waterways Trust Fund, and (2) support the water infrastructure needs of the Inland Waterways System. Requires 25% of the cost of construction for the Olmsted Project (a navigation project for Locks 52 and 53 on the Lower Ohio River between Illinois and Kentucky) to be paid from amounts appropriated from the Inland Waterways Trust Fund. Expresses the sense of Congress that the appropriation for the Project should not be less than $150 million for each fiscal year until construction of the Project is completed. Requires the Secretary to submit to Congress an annual financial plan for any inland waterways project that has an estimated total cost of $500 million or more. Directs the Secretary, at least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, to: (1) provide notice of the proposed modification in the Federal Register, and (2) accept public comments on the proposed modification. Directs the Secretary to assess the operation and maintenance needs of the Atlantic Intracoastal Waterway. Directs the Secretary to study and report on the impact of closing the Upper St. Anthony Falls Lock and Dam in Minnesota on the economy and the environment. Provides for the closure of such facility if the annual average tonnage moving through it during the preceding 5 years was not more than 1.5 million tons. Authorizes the Cherokee Nation of Oklahoma to: (1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and (2) market the electricity generated from any such facility. Title III: Deauthorizations and Backlog Prevention - Directs the Secretary to submit to the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works, and publish in the Federal Register, a report that lists each authorized water resources development project, or separable element of a project, authorized for construction before November 8, 2007: (1) for which construction was not initiated before the enactment of this Act or for which no funds were obligated for construction of the project during the 5-year period ending on July 1, 2013; and (2) that has an estimated cost to complete of at least $12 billion. Directs the Secretary to conduct an assessment of all properties under the control of the Corps of Engineers and develop an inventory of the properties that are not needed for its missions. Provides that a water resources development project, or separable element of such project, shall not be authorized for construction by this Act after the last day of the seven-year period beginning on the date of enactment of this Act unless during that period funds have been obligated for construction of such project. Deauthorizes projects for flood protection, navigation, shoreline protection, and other improvement at specified locations in California, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Texas, and Wisconsin. Provides for land conveyances in Oklahoma and Washington. Title IV: Water Resources Infrastructure - Authorizes specified final feasibility studies for water resources development and conservation and other purposes, including regarding: (1) navigation in Texas, Louisiana, Florida, and Georgia; (2) flood risk management in Kansas, California, Iowa, Minnesota, North Dakota, and Kentucky; (3) hurricane and storm damage risk reduction in North Carolina and California; (4) hurricane and storm damage risk reduction and environmental restoration in Mississippi; and (5) environmental restoration in Maryland, Florida, Louisiana, Minnesota, and North Carolina. Modifies projects for: (1) navigation at Miami Harbor, Miami-Dade County, Florida, and at the Lower Ohio River, Illinois and Kentucky; and (2) flood control at Little Calumet River Basin (Cady Marsh Ditch), Indiana.

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