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Title I — Water resource projects

S. 601 · 113th Congress · May 15, 2013 · Lineage

I Water resource projects

Sec. 1001 Purposes

The purposes of this title are—
(1)
to authorize projects that—
(A)
are the subject of a completed report of the Chief of Engineers containing a determination that the relevant project—
(i)
is in the Federal interest;
(ii)
results in benefits that exceed the costs of the project;
(iii)
is environmentally acceptable; and
(iv)
is technically feasible; and
(B)
have been recommended to Congress for authorization by the Assistant Secretary of the Army for Civil Works; and
(2)
to authorize the Secretary—
(A)
to review projects that require increased authorization; and
(B)
to request an increase of those authorizations after—
(i)
certifying that the increases are necessary; and
(ii)
submitting to Congress reports on the proposed increases.

Sec. 1002 Project authorizations

The Secretary is authorized to carry out projects for water resources development, conservation, and other purposes, subject to the conditions that—
(1)
each project is carried out—
(A)
substantially in accordance with the plan for the project; and
(B)
subject to any conditions described in the report for the project; and
(2)
(A)
a Report of the Chief of Engineers has been completed; and
(B)
after November 8, 2007, but prior to the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project.

Sec. 1003 Project review

(a)
In general— For a project that is authorized by Federal law as of the date of enactment of this Act, the Secretary may modify the authorized project cost set under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280)—
(1)
by submitting the required certification and additional information to Congress in accordance with subsection (b); and
(2)
after receiving an appropriation of funds in accordance with subsection (b)(3)(B).
(b)
Requirements for submission—
(1)
Certification— The certification to Congress under subsection (a) shall include a certification by the Secretary that—
(A)
expenditures above the authorized cost of the project are necessary to protect life and safety or property, maintain critical navigation routes, or restore ecosystems;
(B)
the project continues to provide benefits identified in the report of the Chief of Engineers for the project; and
(C)
for projects under construction—
(i)
a temporary stop or delay resulting from a failure to increase the authorized cost of the project will increase costs to the Federal Government; and
(ii)
the amount requested for the project in the budget of the President or included in a work plan for the expenditure of funds for the fiscal year during which the certification is submitted will exceed the authorized cost of the project.
(2)
Additional information— The information provided to Congress about the project under subsection (a) shall include, at a minimum—
(A)
a comprehensive review of the project costs and reasons for exceeding the authorized limits set under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280);
(B)
an expedited analysis of the updated benefits and costs of the project; and
(C)
the revised cost estimate level for completing the project.
(3)
Approval of Congress— The Secretary may not change the authorized project costs under subsection (a) unless—
(A)
a certification and required information is submitted to Congress under subsection (b); and
(B)
after such submission, amounts are appropriated to initiate or continue construction of the project in an appropriations or other Act.
(c)
De minimis amounts— If the cost to complete construction of an authorized water resources project would exceed the limitations on the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), the Secretary may complete construction of the project, notwithstanding the limitations imposed by that section if—
(1)
construction of the project is at least 70 percent complete at the time the cost of the project is projected to exceed the limitations; and
(2)
the Federal cost to complete construction is less than $5,000,000.
(d)
Termination of effectiveness— The authority of the Secretary under this section terminates on the date that is 3 years after the date of enactment of this Act.

Sec. 1004 Future project authorizations

(a)
Policy— The benefits of water resource projects designed and carried out in an economically justifiable, environmentally acceptable, and technically sound manner are important to the economy and environment of the United States and recommendations to Congress regarding those projects should be expedited for approval in a timely manner.
(b)
Applicability— The procedures under this section apply to projects for water resources development, conservation, and other purposes, subject to the conditions that—
(1)
each project is carried out—
(A)
substantially in accordance with the plan identified in the report of the Chief of Engineers for the project; and
(B)
subject to any conditions described in the report for the project; and
(2)
(A)
a report of the Chief of Engineers has been completed; and
(B)
after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works has submitted to Congress a recommendation to authorize construction of the project.
(c)
Expedited consideration—
(1)
In general— A bill shall be eligible for expedited consideration in accordance with this subsection if the bill—
(A)
authorizes a project that meets the requirements described in subsection (b); and
(B)
is referred to the Committee on Environment and Public Works of the Senate.
(2)
Committee consideration—
(A)
In general— Not later than January 31st of the second session of each Congress, the Committee on Environment and Public Works of the Senate shall—
(i)
report all bills that meet the requirements of paragraph (1); or
(ii)
introduce and report a measure to authorize any project that meets the requirements described in subsection (b).
(B)
Failure to act— Subject to subparagraph (C), if the Committee fails to act on a bill that meets the requirements of paragraph (1) by the date specified in subparagraph (A), the bill shall be discharged from the Committee and placed on the calendar of the Senate.
(C)
Exceptions— Subparagraph (B) shall not apply if—
(i)
in the 180-day period immediately preceding the date specified in subparagraph (A), the full Committee holds a legislative hearing on a bill to authorize all projects that meet the requirements described in subsection (b);
(ii)
(I)
the Committee favorably reports a bill to authorize all projects that meet the requirements described in subsection (b); and
(II)
the bill described in subclause (I) is placed on the calendar of the Senate; or
(iii)
a bill that meets the requirements of paragraph (1) is referred to the Committee not earlier than 30 days before the date specified in subparagraph (A).
(d)
Termination— The procedures for expedited consideration under this section terminate on December 31, 2018.