House Report 113-251 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3080) TO PROVIDE FOR IMPROVEMENTS TO THE RIVERS AND HARBORS OF THE UNITED STATES, TO PROVIDE FOR THE CONSERVATION AND DEVELOPMENT OF WATER AND RELATED RESOURCES, AND FOR OTHER PURPOSES

[House Report 113-251]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-251

======================================================================

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3080) TO PROVIDE FOR
IMPROVEMENTS TO THE RIVERS AND HARBORS OF THE UNITED STATES, TO PROVIDE
FOR THE CONSERVATION AND DEVELOPMENT OF WATER AND RELATED RESOURCES,
AND FOR OTHER PURPOSES

_______

October 22, 2013.--Referred to the House Calendar and ordered to be
printed

_______

Mr. Webster, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 385]

The Committee on Rules, having had under consideration
House Resolution 385, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3080, the
Water Resources Reform and Development Act of 2013, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Transportation and
Infrastructure. The resolution waives all points of order
against consideration of the bill.
Section 2 of the resolution makes in order as original text
for purpose of amendment an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 113-
24 and provides that it shall be considered as read. The
resolution waives all points of order against that amendment in
the nature of a substitute. The resolution makes in order only
those further amendments printed in this report and amendments
en bloc described in section 3 of the resolution. Each
amendment printed in this report may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in this report or against
amendments en bloc as described in section 3 of the resolution.
Section 3 of the resolution provides that it shall be in
order at any time for the chair of the Committee on
Transportation and Infrastructure or his designee to offer
amendments en bloc consisting of amendments printed in this
report not earlier disposed of. Amendments en bloc shall be
considered as read, shall be debatable for 10 minutes equally
divided and controlled by the chair and ranking minority member
of the Committee on Transportation and Infrastructure or their
designees, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or the Committee of the Whole. The original proponent of an
amendment included in such amendments en bloc may insert a
statement in the Congressional Record immediately before the
disposition of the amendments en bloc.
Section 4 of the resolution provides one motion to recommit
with or without instructions.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
the bill includes a waiver of clause 4(a) of rule XIII, which
prohibits consideration of legislation in the House until the
third calendar day on which each report of a committee on that
measure or matter has been available to Members, Delegates and
the Resident Commissioner. The Committee on Transportation and
Infrastructure filed its report on October 21, 2013, but the
report was not made electronically available in its complete
form until October 22, 2013.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report or against amendments en
bloc as described in section 3 of the resolution, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.

COMMITTEE VOTES

The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:

Rules Committee record vote No. 84

Motion by Ms. Slaughter to report an open rule. Defeated:
2-7.

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern......................
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis.........................
Mr. Nugent......................................
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 85

Motion by Ms. Slaughter to make in order and provide the
appropriate waivers for amendment #24, offered by Rep. Hahn
(CA), which takes the receipts and disbursements of the Harbor
Maintenance Trust Fund ``off budget,'' and makes the full
amount of the Harbor Maintenance tax collected each year
available to the Army Corps of Engineers to be spent on ports
without further appropriation. Defeated: 2-7.

Rules Committee record vote No. 86

Motion by Ms. Slaughter to make in order and provide the
appropriate waivers for amendment #46, offered by Rep. Brown
(FL) and Rep. Frankel (FL) and Rep. Wilson (FL) and Rep.
Roybal-Allard (CA) and Rep. Hastings (FL) and Rep. Wasserman
Schultz (FL) and Rep. Garcia (FL) and Rep. Crenshaw (FL) and
Rep. Posey (FL) and Rep. Murphy (FL), which authorizes projects
that receive a final Chief of Engineers Report up to one year
following enactment of the bill. Defeated: 2-7.

Rules Committee record vote No. 87

Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #69, offered by
Rep. Polis (CO), which requires the Government Accountability
Office to carry out a study evaluating why the Olmsted Project
has exceeded the budget for the project and reasons the project
failed to be completed as scheduled, as well as a list of
contract recipients, including the number of women and veteran
owned businesses. Defeated: 2-7.

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Shuster (PA), Gibbs (OH), Rahall (WV), Bishop, Tim (NY):
MANAGERS Adds a new section that provides for expediting the
completion of any on-going feasibility study for a project
initiated prior to enactment and clarifies that the Corps of
Engineers is authorized to move to preconstruction planning,
engineering, and design activities immediately after completing
a feasibility study. Amends Section 107 of H.R. 3080 to add a
savings clause to ensure work carried out under an existing
statute related to navigation that is repealed in H.R. 3080 can
continue if initiated prior to enactment. Adds a new section
providing non-Federal interests the ability to carry out work
at their own expense for a project where a final feasibility
report has been completed but has not received authorization
from Congress. Requires the non-Federal interest to carry out
work subject to any State or Federal permitting requirements
and to carry out the project in accordance with the final
feasibility report. Amends Section 120 of H.R. 3080 to request
the Corps of Engineers to review the uses and economic
feasibility of non-structural alternatives in their review of
existing authorities for carrying out work after a storm event.
Amends Section 102 of H.R. 3080 to add natural gas companies to
the entities eligible to contribute funds to Corps of Engineers
to expedite the processing of permits within the regulatory
program of the Corps of Engineers. Makes other technical and
conforming changes to H.R. 3080. (10 minutes)
2. DeFazio (OR), Blumenauer (OR), Jackson Lee (TX), Pingree
(ME), Edwards (MD), Bonamici (OR): Delays the application of
environmental ``streamlining'' provisions in the bill until the
Secretary certifies that there is sufficient funding to reduce
the current backlog of authorized Corps projects to less than
$20 billion; more than $40 billion in projects have already
been authorized using existing environmental review processes,
but have yet to receive funding for construction. (10 minutes)
3. Flores (TX): Prohibits programs or actions authorized
under this Act from further implementation of coastal and
marine spatial planning and ecosystem-based management
components under Executive Order 13547. Requires the Secretary
of the Army to conduct and submit a study detailing all
activities engaged in and resources expended in furtherance of
Executive Order 13547. The study also should include any budget
requests for fiscal year 2014 for support of implementation of
Executive Order 13547, and be submitted to the House Committee
on Transportation and Infrastructure and Senate Committee on
Commerce, Science, and Transportation. (10 minutes)
4. Mullin, Markwayne (OK): Specifies that due to ongoing
drought in many parts of the United States, state agencies are
finding it difficult to maintain Federal Energy Regulatory
Commission-licensed lake levels. Not later than 180 days after
enactment, FERC is to initiate an assessment of the effects of
drought conditions on these lakes and report to Congress--
specifically looking at existing FERC-licensed lakes with rule
curves in areas of drought and the effect long-term licenses
have on state agencies being able to meet all their
obligations. (10 minutes)
5. Young, Don (AK), Petri (WI): Requires USACE to contract
with private sector surveying and mapping firms, wherever
practical, in performance of surveying and mapping services and
activities for Corps projects. Requires the Secretary to issue
agency guidance to encourage use of the private sector for
surveying and mapping services, and requires a process to
provide oversight of the performance of compliance with the
guidance. (10 minutes)
6. Hastings, Alcee (FL): Includes operation and maintenance
costs associated with sand transfer plants in the annual
operations and maintenance budget of the Corps of Engineers.
(10 minutes)
7. Bentivolio (MI): Seeks to increase the amount of
backlogged projects to be de-authorized, beyond what is
initially de-authorized in the bill from $12,000,000,000 to
$35,000,000,000. (10 minutes)
8. Jones (NC): Exempts the disaster restriction on projects
which non-federal interests may contribute to. (10 minutes)
9. Jackson Lee (TX): Provides that in making
recommendations pursuant to Section 118 of the Act, the
Secretary shall consult with key stakeholders, including State,
county, and city governments, and, where applicable, State and
local water districts, and in the case of recommendations
concerning projects that substantially affect underrepresented
communities the Secretary shall also consult with historically
Black colleges and universities, Tribal Colleges and
Universities, and other minority-serving institutions. (10
minutes)
10. Grimm (NY): Modifies Section 118 to require the
Secretary of the Army to include project recommendations made
in the study for flood and storm damage reduction related to
natural disasters under title II of division A of the Disaster
Relief Appropriations Act, 2013 within the Secretary's Report
to Congress on Future Water Resources Development. (10 minutes)
11. Peters, Scott (CA): Adds a subsection specifying that
the Secretary of the Army coordinates with the Administrator of
the FEMA to disseminate the emergency communication of risk to
the public through widely used and readily available means. (10
minutes)
12. Stutzman (IN): Provides that the Secretary of the Army
shall not require the removal of levee vegetation until the
Corps of Engineers' policy guidelines on vegetation management
for levees have been reviewed and adopted. Provides an
exception for vegetation that presents an unacceptable safety
risk. (10 minutes)
13. Velazquez (NY): Establishes a national water-based
freight policy to improve the movement of freight and cargo
over waterways, canals, ports, and harbors (10 minutes)
14. Pierluisi (PR): Adds Puerto Rico to the provision of
law that would be updated for inflation by Section 137 and that
authorizes the Secretary of the Army to waive local cost-
sharing requirements up to a specified dollar amount for
studies and projects in certain U.S. territories. (10 minutes)
15. Cotton (AR): Allows non-federal entities (regional
authorities or municipalities) and the Army Corps of Engineers
(ACE) to collaborate on a proposal to sell any excess water
supply in order to address an oversupply of water resulting
from the 1958 Water Supply Act. This would not authorize the
Corps to actually sell the water or release the water from
storage. (10 minutes)
16. Richmond (LA), Scalise (LA): Directs the Corps to
calculate the national benefits of proposed flood protection
projects, including benefits from a reduction in national and
regional economic losses, as well as the protection of
evacuation routes. (10 minutes)
17. Hastings, Doc (WA): Ensures that Congress continue the
practice of authorizing project purposes at Corps of Engineers
dams or reservoirs. (10 minutes)
18. McCollum (MN), Kelly (PA), Schneider (IL), Lipinski
(IL): Establishes a multiagency effort to slow the spread of
Asian carp in the Upper Mississippi and Ohio River basins and
tributaries by providing technical assistance, coordination,
best practices, and support to State and local governments in
carrying out such activities. (10 minutes)
19. Thompson, Mike (CA), Benishek (MI), DeFazio (OR),
Simpson (ID), Titus (NV): Requires the Government
Accountability Office (GAO) to conduct an assessment on the
impacts of aquatic invasive species on federal assets and
current federal spending on aquatic invasive species
prevention. (10 minutes)
20. Brownley (CA): Requires the Army Corps to consider
activities of the Secretary of the Navy when assessing the
operation and maintenance needs of harbors and the equitable
distribution of funds. (10 minutes)
21. Lowenthal (CA): Requires the Secretary to include
`expanded uses' of the Harbor Maintenance Trust Fund in the
assessments and prioritization of operations and maintenance
reports to Congress. (10 minutes)
22. Brownley (CA): Requires GAO to study and report to
Congress on the effectiveness of activities funded by the
Harbor Maintenance Trust Fund in maximizing economic growth and
job creation in the communities surrounding low- and moderate-
use ports; and include recommendations relating to the use of
amounts in the Harbor Maintenance Trust Fund to increase the
competitiveness of United States ports relative to Canadian and
Mexican ports. (10 minutes)
23. Schneider (IL): Expands congressional reporting
requirements to include recommendations for mitigating current
problems and limiting the construction backlog. (10 minutes)
24. Gardner (CO): Establishes the Office of Water Storage
at the Army Corp of Engineers to serve as an initial point of
contact for the acquisition or satisfaction of a Federal permit
for a water storage facility. (10 minutes)

TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Shuster of Pennsylvania
or His Designee, Debatable for 10 Minutes

Page 6, line 14, after ``company'' insert ``or natural gas
company''.
Page 33, after line 20, insert the following:

SEC. __. EXPEDITED COMPLETION OF REPORTS.

The Secretary shall--
(1) expedite the completion of any on-going
feasibility study for a project initiated before the
date of enactment of this Act; and
(2) if the Secretary determines that the project is
justified in a completed report, proceed directly to
preconstruction planning, engineering, and design of
the project in accordance with section 910 of the Water
Resources Development Act of 1986 (100 Stat. 4189).
Page 42, after line 23, add the following:
(g) Saving Provision.--Nothing in this section may be
construed to affect any agreement entered into under section
204(f) of the Water Resources Development Act of 1986 (33
U.S.C. 2232(f)) before the date of enactment of this Act.
Page 46, after line 23, insert the following:

SEC. __. CONTRIBUTIONS BY NON-FEDERAL INTERESTS PRIOR TO AUTHORIZATION
OF FINAL FEASIBILITY REPORTS.

(a) In General.--Subject to subsection (b), a non-Federal
interest may carry out a project for which--
(1) a final feasibility report has been completed;
and
(2) authority for the Secretary to carry out such
project has not specifically been authorized by
Congress.
(b) Conditions.--The non-Federal interest--
(1) shall, before carrying out the project, obtain
any permit, approval, or authorization required
pursuant to Federal or State law; and
(2) shall carry out the project in accordance with
the plan, and subject to the conditions, described in
the final feasibility report.
(c) Credit, Reimbursement, and Future Maintenance.--
(1) Eligibility for credit or reimbursement.--Subject
to paragraph (4), and in accordance with section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a
non-Federal interest may be eligible for credit or
reimbursement for the Federal share of any work carried
out by the non-Federal interest under this section.
(2) Eligibility for maintenance of navigation
projects.--Subject to paragraph (4), and in accordance
with section 211(h) of the Water Resources Development
of Act of 1996 (33 U.S.C. 701b-13(h), whenever a non-
Federal interest constructs improvements to a harbor or
inland harbor under this section, the Secretary shall
be responsible for maintenance of such harbor.
(3) Limitation.--Any activities carried out under
this section are authorized only to the extent
specifically provided for in subsequent appropriations
Acts.
(4) Implementation.--Paragraphs (1), (2), and (3)
shall not apply unless--
(A) all laws and regulations that would apply
to the Secretary if the Secretary were carrying
out the project were applied by the non-Federal
interest during construction of the project;
and
(B) the project is subsequently specifically
authorized by Congress.
(5) In-kind contributions.--Absent a specific
subsequent authorization by Congress, the non-Federal
interest shall not be reimbursed or receive credit for
in-kind contributions.
Page 75, after line 12, insert the following:
(3) review and evaluate the historic and potential
uses, and economic feasibility for the life of the
project, of nonstructural alternatives, including
natural features such as dunes, coastal wetlands,
floodplains, marshes, and mangroves, to reduce the
damage caused by floods, storm surges, winds, and other
aspects of extreme weather events, and to increase the
resiliency and long-term cost-effectiveness of water
resources development projects;
Page 128, beginning on line 13, strike ``section 102(a) of
the Water Resources Development Act of 1986 (33 U.S.C.
2212(a))'' and insert ``section 3(a)(6) of the Water Resources
Development Act of 1988 (102 Stat. 4013)''.
Page 163, strike lines 1 through 8.
----------

2. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes

Beginning on page 11, strike line 19 and all that follows
through page 12, line 3, and insert the following:
``(b) Effective Date.--This section shall be effective on the
date on which the Secretary certifies to Congress that the cost
to construct all water resources development projects that are
authorized for construction by the Chief of Engineers by any
Act of Congress, but are not completed, is less than
$20,000,000,000 (adjusted for inflation as of the date on which
the certification is made).''.
----------

3. An Amendment To Be Offered by Representative Flores of Texas or His
Designee, Debatable for 10 Minutes

At the end of title I, add the following:

SEC. __. NATIONAL OCEAN POLICY IMPLEMENTATION.

(a) Findings.--Congress finds that--
(1) the July 19, 2010, Executive Order 13547 that
established the ``National Policy for the Stewardship
of the Ocean, Our Coasts, and the Great Lakes'' (in
this section referred to as the ``National Ocean
Policy'') among other things requires Federal
implementation of ``ecosystem-based management'' to
achieve a ``fundamental shift'' in how the United
States manages ocean, coastal, and Great Lakes
resources, and the establishment of 9 new governmental
``Regional Planning Bodies'' and ``Coastal and Marine
Spatial Plans'' in every region of the United States;
(2) Executive Order 13547 created a 54-member
National Ocean Council led by the White House Council
on Environmental Quality and Office of Science and
Technology Policy that includes principal and deputy-
level representatives from Federal entities, including
the Department of Defense;
(3) Executive Order 13547 requires National Ocean
Council members, including the Department of Defense,
to take action to implement the National Ocean Policy
and participate in Coastal and Marine Spatial Planning
to the fullest extent;
(4) the Final Recommendations that were adopted by
Executive Order 13547 state that ``effective''
implementation of the National Ocean Policy will
``require clear and easily understood requirements and
regulations, where appropriate, that include
enforcement as a critical component'';
(5) despite repeated congressional requests, the
National Ocean Council, which is charged with
overseeing National Ocean Policy implementation, has
still not provided a complete accounting of Federal
activities taken and resources expended and allocated
in furtherance of National Ocean Policy implementation;
(6) the Corps of Engineers is participating on at
least one ``Coastal and Marine Spatial Planning
Regional Team''; and
(6) the Nation's continued economic and budgetary
challenges underscore the necessity for sound,
transparent, and practical Federal policies.
(b) Prohibition.--None of the programs or actions authorized
under this Act may be used to further implementation of the
coastal and marine spatial planning and ecosystem-based
management components of the National Ocean Policy developed
under Executive Order 13547.
(c) Study.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing all activities
engaged in and resources expended in furtherance of Executive
Order 13547 since it was issued on July 19, 2010, as well as
any fiscal year 2014 budget requests in support of National
Ocean Policy implementation.
----------

4. An Amendment To Be Offered by Representative Mullin of Oklahoma or
His Designee, Debatable for 10 Minutes

At the end of title I, insert the following:

SEC. __. REPORT ON SURFACE ELEVATIONS AT DROUGHT EFFECTED LAKES.

(a) Findings.--Congress finds that--
(1) due to the ongoing drought in many parts of the
United States, State agencies are finding it difficult
to maintain Federal Energy Regulatory Commission-
licensed lake levels; and
(2) local agencies should be able to modify licensees
when drought conditions arise and persist.
(b) Assessment.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the FERC shall initiate
an assessment of the effects of drought conditions on
FERC-licensed lakes, which shall include an assessment
of--
(A) existing FERC-licensed lakes with
stipulated lake levels and rule curves in areas
of previous, current and prolonged drought; and
(B) the effect the long-term licenses have on
state agencies being able to meet all their
obligations, including hydroelectric
obligations, water supply downstream, fish and
wildlife, and recreation.
(2) Report.--FERC shall submit to Congress a report
on the assessment carried out under paragraph (1).
----------

5. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes

At the end of title I, add the following:

SEC. __. GEOSPATIAL SURVEYING AND MAPPING.

Section 918 of the Water Resources Development Act of 1986
(33 U.S.C. 2292) is amended to read as follows:

``SEC. 918. GEOSPATIAL SURVEYING AND MAPPING.

``(a) Procurement of Surveying and Mapping Services.--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 chapter 11 of title 40, United States Code.
``(b) Geospatial Surveying and Mapping Activities.--In
carrying out water resources projects, the Secretary shall,
wherever practicable, utilize the private sector for
commercially available geospatial surveying and mapping
activities. The Secretary shall not start or carry on any
activity to provide a commercially available geospatial
surveying and mapping service that duplicates, competes with,
or can be procured from a commercial source.
``(c) Guidance.--
``(1) Issuance.--The Secretary shall issue guidance
to encourage entities in the Corps of Engineers to
utilize, to the maximum extent practicable, contracting
with private sector sources for geospatial surveying
and mapping services for water resources projects.
``(A) Contents.--In carrying out this subsection, the
Secretary shall--
``(i) define appropriate inherently
governmental roles in geospatial surveying and
mapping activities, which roles shall include--
``(I) activities so defined in
section 5 of the Federal Activities
Inventory Reform Act of 1998 (112 Stat.
2384);
``(II) preparation of standards and
specifications;
``(III) research of geospatial
surveying and mapping instrumentation
and procedures that are not
commercially available, with prompt
technology transfer to the private
sector;
``(IV) providing technical guidance,
coordination, and administration of
geospatial surveying and mapping
activities; and
``(V) contracting with private sector
sources for geospatial surveying and
mapping activities.
``(ii) define commercially available
geospatial surveying and mapping activities to
include activities described in--
``(I) section 36.601-4(a)(4)(A) of
the Engineer Federal Acquisition
Regulation; and
``(II) section 467 of title 10,
United States Code.
``(d) Implementation.--The Secretary shall develop a process
for the oversight and monitoring, on an annual basis, of
compliance with the guidance issued under subsection (c).
``(e) Assessment.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall conduct an
assessment of all entities in the Corps of Engineers, including
divisions, districts, laboratories, and technical centers, to
determine the extent to which each entity is utilizing
governmental and private sector sources for commercially
available geospatial surveying and mapping services. In
conducting the assessment, the Secretary shall consult with
organizations of commercial geospatial surveying and mapping
firms.''.
----------

6. An Amendment To Be Offered by Representative Hastings of Florida or
His Designee, Debatable for 10 Minutes

At the end of title I, add the following:

SEC. 139. ANNUAL OPERATIONS AND MAINTENANCE BUDGET.

The Secretary shall include operation and maintenance costs
associated with sand transfer plants in the annual operations
and maintenance budget of the Corps of Engineers.
----------

7. An Amendment To Be Offered by Representative Bentivolio of Michigan
or His Designee, Debatable for 10 Minutes

Page 136, line 12, strike ``$12,000,000,000'' and insert
``$35,000,000,000''.
Page 137, beginning line 1, strike ``Authorized Before WRDA
2007''.
Page 137, line 12, strike ``November 8, 2007'' and insert
``the date of enactment of this Act''.
Page 138, line 14, strike ``$12,000,000,000'' and insert
``$35,000,000,000''.
----------

8. An Amendment To Be Offered by Representative Jones of North Carolina
or His Designee, Debatable for 10 Minutes

Page 44, line 3, strike ``that has been damaged'' and all
that follows before the closing quotation marks on line 7.
----------

9. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

Page 72, line 18, insert ``In making recommendations pursuant
to this section, the Secretary shall consult with key
stakeholders, including State, county, and city governments,
and, where applicable, State and local water districts, and in
the case of recommendations concerning projects that
substantially affect communities served by historically Black
colleges and universities, Tribal Colleges and Universities,
and other minority-serving institutions, the Secretary shall
also consult with such colleges, universities, and
institutions.'' before ``The Secretary''.
----------

10. An Amendment To Be Offered by Representative Grimm of New York or
His Designee, Debatable for 10 Minutes

Page 72, line 18, strike ``may'' and insert ``shall''.
----------

11. An Amendment To Be Offered by Representative Peters of California
or His Designee, Debatable for 10 Minutes

Page 76, after line 13, insert the following (and redesignate
subsequent subsections accordingly):
(b) Public Availability of Information.--To the maximum
extent practicable, the Secretary, in coordination with the
Administrator of the Federal Emergency Management Agency, shall
make the information required under subsection (a) available to
the public through widely used and readily available means,
including on the Internet.
----------

12. An Amendment To Be Offered by Representative Stutzman of Indiana or
His Designee, Debatable for 10 Minutes

Page 86, after line 24, insert the following:
(f) Interim Rule.--Until the date on which revisions to the
guidelines are adopted under this section, the Secretary shall
not require the removal of existing vegetation as a condition
or requirement for any approval or funding of a project, or any
other action, unless the specific vegetation has been
demonstrated to present an unacceptable safety risk.
----------

13. An Amendment To Be Offered by Representative Velazquez of New York
or Her Designee, Debatable For 10 Minutes

Page 95, after line 15, insert the following (and redesignate
subsequent sections accordingly):

SEC. 137. NATIONAL WATER-BASED FREIGHT POLICY.

(a) In General.--It is the policy of the United States to
improve the condition and performance of the national water-
based freight network to ensure that such network provides the
foundation for the United States to compete in the global
economy and achieve each goal described in subsection (b).
(b) Goals.--The goals of the national water-based freight
policy are--
(1) to invest in infrastructure improvements and to
implement operational improvements that--
(A) strengthen the contribution of the
national water-based freight network to the
economic competitiveness of the United States;
(B) reduce congestion; and
(C) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
(2) to improve the safety, security, and resilience
of water-based freight transportation;
(3) to improve the state of good repair of the
national water-based freight network;
(4) to use advanced technology to improve the safety
and efficiency of the national water-based freight
network;
(5) to incorporate concepts of performance,
innovation, competition, and accountability into the
operation and maintenance of the national water-based
freight network;
(6) to improve the economic efficiency of the
national water-based freight network; and
(7) to reduce the environmental impacts of freight
movement on the national water-based freight network.
(c) Establishment of a National Water-based Freight
Network.--
(1) In general.--The Secretary shall establish a
national water-based freight network in accordance with
this section to assist States in strategically
directing resources toward improved system performance
to achieve efficient movement of freight on inland
waterways, canals, ports, and harbors, and related
freight intermodal connectors.
(2) Network components.--The national water-based
freight network shall consist of the primary water-
based freight network, as designated by the Secretary
under subsection (d) as most critical to the movement
of water-based freight.
(d) Designation of Primary Water-based Freight Network.--
(1) Initial designation.--Not later than 1 year after
the date of enactment of this section, the Secretary
shall designate a primary water-based freight network
based on an inventory of national water-based freight
volume and in consultation with stakeholders, including
system users, transportation providers, and States.
(2) Factors for designation.--In designating the
primary water-based freight network, the Secretary
shall consider--
(A) the origins and destinations of water-
based freight movement in the United States;
(B) the total tonnage and value of water-
based freight moved across United States bodies
of water;
(C) the average annual water-based freight
traffic on United States bodies of water;
(D) maritime ports of entry;
(E) access to energy exploration,
development, installation, or production areas;
(F) population centers; and
(G) network connectivity.
(3) Redesignation.--On the date that is 10 years
after the initial designation of the primary water-
based freight network, and every 10 years thereafter,
using the factors described in paragraph (2), the
Secretary shall redesignate the primary water-based
freight network.
(e) National Water-based Freight Strategic Plan.--
(1) Initial development.--Not later than 3 years
after the date of enactment of this section, the
Secretary, in consultation with State departments of
transportation and other appropriate public and private
transportation stakeholders, shall develop and post on
a public Web site a national water-based freight
strategic plan that shall include--
(A) an assessment of the condition and
performance of the national water-based freight
network;
(B) an identification of bottlenecks on the
national water-based freight network that
create significant freight congestion problems,
based on a quantitative methodology developed
by the Secretary, and, to the maximum extent
practicable, an estimate of the cost of
addressing each bottleneck and any operational
improvements that could be implemented;
(C) forecasts of water-based freight volumes
for the 20-year period beginning with the year
during which the plan is issued;
(D) an identification of major trade gateways
and national water-based freight corridors that
connect major population centers, trade
gateways, and other major water-based freight
generators for current and forecasted traffic
and water-based freight volumes, the
identification of which shall be revised, as
appropriate, in subsequent plans;
(E) an assessment of statutory, regulatory,
technological, institutional, financial, and
other barriers to improved water-based freight
transportation performance (including
opportunities for overcoming the barriers);
(F) an identification of routes providing
access to energy exploration, development,
installation, or production areas;
(G) an identification of best practices for
improving the performance of the national
water-based freight network;
(H) an identification of best practices for
mitigating the impacts of water-based freight
movement on communities;
(I) an identification of a process for
addressing multistate projects and encouraging
jurisdictions to collaborate; and
(J) an identification of strategies to
improve freight intermodal connectivity.
(2) Updates.--Not later than 5 years after the date
of completion of the first national water-based freight
strategic plan under paragraph (1), and every 5 years
thereafter, the Secretary shall update and post on a
public Web site a revised national water-based freight
strategic plan.
(f) Water-based Freight Transportation Conditions and
Performance Reports.--Not later than 2 years after the date of
enactment of this section, and biennially thereafter, the
Secretary shall prepare a report that contains a description of
the conditions and performance of the national water-based
freight network in the United States.
(g) Transportation Investment Data and Planning Tools.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary shall--
(A) begin the development of new tools or
improve existing tools to support an outcome-
oriented, performance-based approach to
evaluating proposed water-based freight-related
projects, including--
(i) methodologies for systematic
analysis of benefits and costs;
(ii) tools for ensuring that the
evaluation of water-based freight-
related projects and other
transportation projects considers
safety, economic competitiveness,
environmental sustainability, and
system condition in the project
selection process; and
(iii) other elements to assist in
effective transportation planning;
(B) identify water-based transportation-
related model data elements to support a broad
range of evaluation methods and techniques to
assist in making water-based transportation
investment decisions; and
(C) at a minimum, in consultation with other
relevant Federal agencies, consider any
improvements to existing water-based freight
flow data collection efforts that could reduce
identified water-based freight data gaps and
deficiencies and help improve forecasts of
water-based freight transportation demand.
(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop,
improve, and implement tools and data collection under
paragraph (1).
----------

14. An Amendment To Be Offered by Representative Pierluisi of Puerto
Rico or His Designee, Debatable For 10 Minutes

Page 95, line 21, strike ``and'' at the end.
Page 95, after line 21, insert the following:
(2) in subsection (a), as so designated, by inserting
``Puerto Rico,'' before ``and the Trust Territory of
the Pacific Islands''; and
Page 95, line 22, strike ``(2)'' and insert ``(3)''.
----------

15. An Amendment To Be Offered by Representative Cotton of Arkansas or
His Designee, Debatable For 10 Minutes

Page 97, after line 7, insert the following:

SEC. 1__. FUTURE WATER SUPPLY.

Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b)
is amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Establishment of 10-year Plans for the Utilization of
Future Storage.--
``(1) In general.--Beginning 180 days after the date
of enactment of this subsection and not later than
January 1, 2016, the Secretary may accept from an
interested State or local interest a submission of a
plan for the utilization of future use water storage
under this Act.
``(2) Contents.--A plan submitted under paragraph (1)
shall include--
``(A) a 10-year timetable for conversion of
future use storage to present use; and
``(B) a schedule of actions that the State or
local interest agrees to carry out over a 10-
year period, in cooperation with the Corps of
Engineers, to seek new and alternative users of
future water storage that is contracted to the
State or local interest on the date of
enactment of this subsection.''.
----------

16. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes

At the end of title I, add the following:

SEC. __. CALCULATION OF BENEFITS AND COSTS FOR FLOOD DAMAGE REDUCTION
AND HURRICANE AND STORM DAMAGE REDUCTION PROJECTS.

(a) In General.--A feasibility study conducted by the
Secretary for a project for flood damage reduction or hurricane
and storm damage reduction shall include, as part of the
calculation of benefits and costs--
(1) a calculation of the anticipated reduction in
flood or hurricane damage to public and private
property and infrastructure resulting from the
completion of the proposed project;
(2) a calculation of the anticipated direct and
indirect economic benefits resulting from the
completion of the proposed project, including such
benefits from any potential reductions in national and
regional economic volatility, disruptions, and losses;
and
(3) a calculation of the anticipated benefits to
public safety, including protection of evacuation
routes, resulting from the completion of the proposed
project.
(b) Applicability.--This section shall apply to any
feasibility study for a project for flood damage reduction or
hurricane and storm damage reduction that has not been
completed before the date of enactment of this Act.
----------

17. An Amendment To Be Offered by Representative Hastings of Washington
or His Designee, Debatable for 10 Minutes

Page 97, after line 7, insert the following:

SEC. 1__. CONGRESSIONAL CONSENT FOR NEW PROJECT PURPOSES.

Nothing in this Act authorizes the Secretary to carry out, at
a Corps of Engineers dam or reservoir, any project for a
purpose not otherwise authorized as of the date of enactment of
this Act.
----------

18. An Amendment To Be Offered by Representative McCollum of Minnesota
or Her Designee, Debatable for 10 Minutes

At the end of title I, add the following:

SEC. 139. MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN CARP IN THE
UPPER MISSISSIPPI RIVER AND OHIO RIVER BASINS AND
TRIBUTARIES.

(a) Multiagency Effort To Slow the Spread of Asian Carp in
the Upper Mississippi and Ohio River Basins and Tributaries.--
(1) In general.--The Director of the United States
Fish and Wildlife Service, in coordination with the
Chief of Engineers, the Director of the National Park
Service, and the Director of the United States
Geological Survey, shall lead a multiagency effort to
slow the spread of Asian carp in the Upper Mississippi
and Ohio River basins and tributaries by providing
technical assistance, coordination, best practices, and
support to State and local governments in carrying out
activities designed to slow, and eventually eliminate,
the threat posed by Asian carp.
(2) Best practices.--To the maximum extent
practicable, the multiagency effort shall apply lessons
learned and best practices such as those described in
the document prepared by the Asian Carp Working Group
entitled ``Management and Control Plan for Bighead,
Black, Grass, and Silver Carps in the United States''
and dated November 2007, and the document prepared by
the Asian Carp Regional Coordinating Committee entitled
``FY 2012 Asian Carp Control Strategy Framework'' and
dated February 2012.
(b) Report to Congress.--
(1) In general.--Not later than December 31 of each
year, the Director of the United States Fish and
Wildlife Service, in coordination with the Chief of
Engineers, shall submit to the Committee on
Appropriations, the Committee on Natural Resources, 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 a report describing the
coordinated strategies established and progress made
toward the goals of controlling and eliminating Asian
carp in the Upper Mississippi and Ohio River basins and
tributaries.
(2) Contents.--Each report submitted under paragraph
(1) shall include--
(A) any observed changes in the range of
Asian carp in the Upper Mississippi and Ohio
River basins and tributaries during the 2-year
period preceding submission of the report;
(B) a summary of Federal agency efforts,
including cooperative efforts with non-Federal
partners, to control the spread of Asian carp
in the Upper Mississippi and Ohio River basins
and tributaries;
(C) any research that the Director determines
could improve the ability to control the spread
of Asian carp;
(D) any quantitative measures that the
Director intends to use to document progress in
controlling the spread of Asian carp; and
(E) a cross-cut accounting of Federal and
non-Federal expenditures to control the spread
of Asian carp.
----------

19. An Amendment To Be Offered by Representative Thompson of California
or His Designee, Debatable for 10 Minutes

Page 97, after line 7, insert the following:

SEC. 1__. AQUATIC INVASIVE SPECIES PREVENTION AND CONTROL.

(a) Assessment.--The Comptroller General of the United States
shall conduct an assessment of the Federal costs of, and
spending on, aquatic invasive species.
(b) Contents.--The assessment conducted under subsection (a)
shall include--
(1) identification of current Federal spending on,
and projected future Federal costs of, operation and
maintenance related to mitigating the impacts of
aquatic invasive species on federally owned or operated
facilities;
(2) identification of current Federal spending on
aquatic invasive species prevention;
(3) analysis of whether spending identified in
paragraph (2) is adequate for the maintenance and
protection of services provided by federally owned or
operated facilities, based on the current spending and
projected future costs identified in paragraph (1); and
(4) review of any other aspect of aquatic invasive
species prevention or mitigation determined appropriate
by the Comptroller General.
(c) Findings.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Environment and Public Works and the Committee
on Energy and Natural Resources of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Natural Resources of the House of Representatives a report
containing the findings of the assessment conducted under
subsection (a).
----------

20. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes

Page 102, after line 12, insert the following (and
redesignate subsequent subparagraphs accordingly):
``(H) activities of the Secretary of the
Navy;
Page 104, line 18, strike ``and''.
Page 104, after line 18, insert the following (and
redesignate the subsequent subparagraph accordingly):
``(C) where appropriate, consider national
security and military readiness needs in
consultation with the Secretary of the Navy;
and
----------

21. An Amendment To Be Offered by Representative Lowenthal of
California or His Designee, Debatable for 10 Minutes

Page 103, line 7, insert ``and the costs for expanded uses
(as such term is defined in section 201(c)(2) of the Water
Resources Reform and Development Act of 2013)'' after ``the
harbors''.
----------

22. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes

Page 109, after line 23, insert the following:

SEC. 2__. HARBOR MAINTENANCE TRUST FUND STUDY.

(a) Definitions.--In this section:
(1) Low-use port.--The term ``low-use port'' means a
port at which not more than 1,000,000 tons of cargo are
transported each calendar year.
(2) Moderate-use port.--The term ``moderate-use
port'' means a port at which more than 1,000,000, but
fewer than 10,000,000, tons of cargo are transported
each calendar year.
(b) Study.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United
States shall carry out a study and submit to Congress a report
that--
(1) evaluates the effectiveness of activities funded
by the Harbor Maintenance Trust Fund in maximizing
economic growth and job creation in the communities
surrounding low- and moderate-use ports; and
(2) includes recommendations relating to the use of
amounts in the Harbor Maintenance Trust Fund to
increase the competitiveness of United States ports
relative to Canadian and Mexican ports.
----------

23. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes

Page 142, line 7, strike ``and''.
Page 142, line 9, strike the period and insert ``; and''.
Page 142, after line 9, insert the following:
(4) a 5-year and 10-year projection of construction
backlog and any recommendations to Congress regarding
how to mitigate current problems and the backlog.
----------

24. An Amendment To Be Offered by Representative Gardner of Colorado or
His Designee, Debatable for 10 Minutes

At the end of title I, add the following:

SEC. __. OFFICE OF WATER STORAGE.

(a) Designation.--The Secretary, acting through the Chief of
Engineers, shall designate a team to serve as the Office of
Water Storage (in this section referred to as the ``Office'')
which shall serve as the principal point of contact for any
person carrying out a project to construct a water storage
facility that requires the acquisition of a Federal permit or
the satisfaction of other Federal requirements.
(b) Administrator.--The Secretary, acting through the Chief
of Engineers, shall designate an individual to serve as the
head of the Office.
(c) Purpose.--The Office shall--
(1) serve as an initial point of contact for any
person carrying out a project to construct a water
storage facility that requires the acquisition of a
Federal permit or the satisfaction of other Federal
requirements;
(2) act as a liaison between such persons and
appropriate Federal departments and agencies, including
the Environmental Protection Agency and the Department
of the Interior, with respect to such projects to
facilitate the acquisition of necessary permits and the
satisfaction of all other requirements;
(3) ensure that, with respect to such projects,
necessary Federal permits are acquired and all other
Federal requirements are satisfied before construction
begins; and
(4) coordinate with appropriate Federal departments
and agencies to streamline the Federal approval process
with respect to such projects, including by limiting
the duration of such process to not more than 365 days
in each case in which each Governor of a State
associated with the project has provided notice to the
Office of that Governor's approval of the project.
(d) Timing Requirement.--Notwithstanding any other provision
of law, with respect to a project to construct a water storage
facility, any Federal permit or other Federal requirement
necessary to be acquired or satisfied for purposes of such
project shall be deemed to be acquired or satisfied if--
(1) each Governor of a State associated with the
project has provided notice to the Office of that
Governor's approval of the project; and
(2) a determination with respect to approval of the
permit or satisfaction of the requirement was not made
during the 365-day period beginning on the date on
which an application for the permit or an inquiry
regarding the satisfaction of the requirement was
submitted to the relevant Federal department or agency.
(e) Notice of Permit Applications.--The Administrator of the
Environmental Protection Agency and the Secretary of the
Interior shall each provide notice to the Administrator of the
Office upon the receipt of an application for a permit relating
to a water storage facility.
(f) Water Storage Facility Defined.--In this section, the
term ``water storage facility'' means any facility constructed
by a person that is equipped to store at least 5,000 acre-feet
of water for later use for any purpose, including dams, tanks,
covered and uncovered reservoirs, water towers, and artificial
water bodies.