US Codex
Pub. L.
Notes

Title VII — Water Resources Infrastructure

113th Congress · Approved Jun 10, 2014 · 128 Stat. 1193

TITLE VII Water Resources Infrastructure

SEC. 7001. Annual Report to Congress.

(a)
In General.— 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)
Feasibility reports.— Each feasibility report that meets the criteria established in subsection (c)(1)(A).
(2)
Proposed feasibility studies.— 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)
Proposed modifications.— 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.
(b)
Requests for Proposals.—
(1)
Publication.— 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 and proposed modifications to authorized water resources development projects and feasibility studies to be included in the annual report.
(2)
Deadline for requests.— 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)
Notification.— 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)
Contents.—
(1)
Feasibility reports, proposed feasibility studies, and proposed modifications.—
(A)
Criteria for inclusion in report.— 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)
Description of benefits.—
(i)
Description.— 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)
Benefits.— 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)
Identification of other factors.— 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)
Transparency.— 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—
(aa)
the feasibility report;
(bb)
the proposed feasibility study; or
(cc)
the authorized feasibility study for which a modification is proposed; or
(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—
(aa)
the feasibility report; or
(bb)
the authorized feasibility study for which a modification is proposed, with respect to the change in costs resulting from such modification; or
(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)
Certification.— 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)
Appendix.— 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.
(d)
Special Rule for Initial Annual Report.— Notwithstanding any other deadlines required by this section, the Secretary shall—
(1)
not later than 60 days after the date of enactment of this Act, 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.
(e)
Publication.— Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet.
(f)
Definitions.— In this section:
(1)
Annual report.— The term “annual report” means a report required by subsection (a).
(2)
Feasibility report.—
(A)
In general.— The term “feasibility report” means a final feasibility report developed under section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282).
(B)
Inclusions.— The term “feasibility report” includes—
(i)
a report described in section 105(d)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d)(2)); and
(ii)
where applicable, any associated report of the Chief of Engineers.
(3)
Feasibility study.— The term “feasibility study” has the meaning given that term in section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215).
(4)
Non-federal interest.— The term “non-Federal interest” has the meaning given that term in section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).

SEC. 7002. Authorization of Final Feasibility Studies.

The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section:
(1)
Navigation.—
A. State B.Name C.Date ofReport ofChief of Engineers D.EstimatedCosts
1. TX, LA Sabine Neches Waterway, Southeast Texas and Southwest Louisiana July 22, 2011 Federal: $748,070,000 Non-Federal: $365,970,000 Total: $1,114,040,000
2. FL Jacksonville Harbor- Milepoint Apr. 30, 2012 Federal: $27,870,000 Non-Federal: $9,290,000 Total: $37,160,000
3. GA Savannah Harbor Expansion Project Aug. 17, 2012 Federal: $492,000,000 Non-Federal: $214,000,000 Total: $706,000,000
4. TX Freeport Harbor Jan. 7, 2013 Federal: $121,000,000 Non-Federal: $118,300,000 Total: $239,300,000
5. FL Canaveral Harbor (Sect 203 Sponsor Report) Feb. 25, 2013 Federal: $29,240,000 Non-Federal: $11,830,000 Total: $41,070,000
6. MA Boston Harbor Sept. 30, 2013 Federal: $216,470,000 Non-Federal: $94,510,000 Total: $310,980,000
7. FL Lake Worth Inlet Apr. 16, 2014 Federal: $57,556,000 Non-Federal: $30,975,000 Total: $88,531,000
8. FL Jacksonville Harbor Apr. 16, 2014 Federal: $362,000,000 Non-Federal: $238,900,000 Total: $600,900,000
(2)
Flood risk management.—
A. State B. Name C.Date ofReport ofChief of Engineers D.EstimatedCosts
1. KS Topeka Aug. 24, 2009 Federal: $17,360,000 Non-Federal: $9,350,000 Total: $26,710,000
2. CA American River Watershed, Common Features Project, Natomas Basin Dec. 30, 2010 Federal: $760,630,000 Non-Federal: $386,650,000 Total: $1,147,280,000
3. IA Cedar River, Cedar Rapids Jan. 27, 2011 Federal: $73,130,000 Non-Federal: $39,380,000 Total: $112,510,000
4. MN, ND Fargo-Moorhead Metro Dec. 19, 2011 Federal: $846,700,000 Non-Federal: $1,077,600,000 Total: $1,924,300,000
5. KY Ohio River Shoreline, Paducah May 16, 2012 Federal: $13,170,000 Non-Federal: $7,090,000 Total: $20,260,000
6. MO Jordan Creek, Springfield Aug. 26, 2013 Federal: $13,560,000 Non-Federal: $7,300,000 Total: $20,860,000
7. CA Orestimba Creek, San Joaquin River Basin Sept. 25, 2013 Federal: $23,680,000 Non-Federal: $21,650,000 Total: $45,330,000
8. CA Sutter Basin Mar. 12, 2014 Federal: $255,270,000 Non-Federal: $433,660,000 Total: $688,930,000
9. NV Truckee Meadows Apr. 11, 2014 Federal: $181,652,000 Non-Federal: $99,168,000 Total: $280,820,000
(3)
Hurricane and storm damage risk reduction.—
A. State B.Name C.Date ofReport ofChief ofEngineers D.Estimated InitialCosts andEstimatedRenourishmentCosts
1. NC West Onslow Beach and New River Inlet (Topsail Beach) Sept. 28, 2009 Initial Federal: $29,900,000 Initial Non-Federal: $16,450,000 Initial Total: $46,350,000 Renourishment Federal: $69,410,000 Renourishment Non-Federal: $69,410,000 Renourishment Total: $138,820,000
2. NC Surf City and North Topsail Beach Dec. 30, 2010 Initial Federal: $84,770,000 Initial Non-Federal: $45,650,000 Initial Total: $130,420,000 Renourishment Federal: $122,220,000 Renourishment Non-Federal: $122,220,000 Renourishment Total: $244,440,000
3. CA San Clemente Shoreline Apr. 15, 2012 Initial Federal: $7,420,000 Initial Non-Federal: $3,990,000 Initial Total: $11,410,000 Renourishment Federal: $43,835,000 Renourishment Non-Federal: $43,835,000 Renourishment Total: $87,670,000
4. FL Walton County July 16, 2013 Initial Federal: $17,945,000 Initial Non-Federal: $46,145,000 Initial Total: $64,090,000 Renourishment Federal: $24,740,000 Renourishment Non-Federal: $82,820,000 Renourishment Total: $107,560,000
5. LA Morganza to the Gulf July 8, 2013 Federal: $6,695,400,000 Non-Federal: $3,604,600,000 Total: $10,300,000,000
(4)
Hurricane and storm damage risk reduction and environmental restoration.—
A. State B.Name C.Date ofReport of Chief of Engineers D. EstimatedCosts
1. MS Mississippi Coastal Improvement Program (MSCIP) Hancock, Harrison, and Jackson Counties Sept. 15, 2009 Federal: $693,300,000 Non-Federal: $373,320,000 Total: $1,066,620,000
(5)
Environmental restoration.—
A. State B.Name C. Date ofReport of Chief of Engineers D.Estimated Costs
1. MD Mid-Chesapeake Bay Island Aug. 24, 2009 Federal: $1,240,750,000 Non-Federal: $668,100,000 Total: $1,908,850,000
2. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, Caloosahatchee River (C–43) West Basin Storage Project, Hendry County Mar. 11, 2010 and Jan. 6, 2011 Federal: $313,300,000 Non-Federal: $313,300,000 Total: $626,600,000
3. LA Louisiana Coastal Area Dec. 30, 2010 Federal: $1,026,000,000 Non-Federal: $601,000,000 Total: $1,627,000,000
4. MN Marsh Lake Dec. 30, 2011 Federal: $6,760,000 Non-Federal: $3,640,000 Total: $10,400,000
5. FL Central and Southern Florida Project, Comprehensive Everglades Restoration Plan, C–111 Spreader Canal Western Project Jan. 30, 2012 Federal: $87,280,000 Non-Federal: $87,280,000 Total: $174,560,000
6. FL CERP Biscayne Bay Coastal Wetland, Florida May 2, 2012 Federal: $98,510,000 Non-Federal: $98,510,000 Total: $197,020,000
7. FL Central and Southern Florida Project, Broward County Water Preserve Area May 21, 2012 Federal: $448,070,000 Non-Federal: $448,070,000 Total: $896,140,000
8. LA Louisiana Coastal Area-Barataria Basin Barrier June 22, 2012 Federal: $321,750,000 Non-Federal: $173,250,000 Total: $495,000,000
9. NC Neuse River Basin Apr. 23, 2013 Federal: $23,830,000 Non-Federal: $12,830,000 Total: $36,660,000
10. VA Lynnhaven River Mar. 27, 2014 Federal: $22,821,500 Non-Federal: $12,288,500 Total: $35,110,000
11. OR Willamette River Floodplain Restoration Jan. 6, 2014 Federal: $27,401,000 Non-Federal: $14,754,000 Total: $42,155,000

SEC. 7003. Authorization of Project Modifications Recommended by the Secretary.

The following project modifications for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the recommendations of the Secretary, as specified in the letters referred to in this section:
A. State B.Name C.Date ofSecretary’sRecommendationLetter D.Updated AuthorizationProject Costs
1. MN Roseau River Jan. 24, 2013 Estimated Federal: $25,455,000 Estimated non-Federal: $18,362,000 Total: $43,817,000
2. IL Wood River Levee System Reconstruction May 7, 2013 Estimated Federal: $16,678,000 Estimated non-Federal: $8,980,000 Total: $25,658,000
3. TX Corpus Christi Ship Channel Aug. 8, 2013 Estimated Federal: $182,582,000 Estimated non-Federal: $170,649,000 Total: $353,231,000
4. IA Des Moines River and Raccoon River Project Feb. 12, 2014 Estimated Federal: $14,990,300 Estimated non-Federal: $8,254,700 Total: $23,245,000
5. MD Poplar Island Feb. 26, 2014 Estimated Federal: $868,272,000 Estimated non-Federal: $365,639,000 Total: $1,233,911,000
6. IL Lake Michigan (Chicago Shoreline) Mar. 18, 2014 Estimated Federal: $185,441,000 Estimated non-Federal: $355,105,000 Total: $540,546,000
7. NE Western Sarpy and Clear Creek Mar. 20, 2014 Estimated Federal: $28,128,800 Estimated non-Federal: $15,146,300 Total: $43,275,100
8. MO Cape Girardeau Apr. 14, 2014 Estimated Federal: $17,687,000 Estimated non-Federal: $746,000 Total: $18,433,000

SEC. 7004. Expedited Consideration in the House and Senate.

(a)
Consideration in the House of Representatives.—
(1)
Definition of interim authorization bill.— In this subsection, the term “interim authorization bill” means a bill of the 113th Congress introduced after the date of enactment of this Act in the House of Representatives by the chair of the Committee on Transportation and Infrastructure which—
(A)
has the following title: “A bill to provide for the authorization of certain water resources development or conservation projects outside the regular authorization cycle.”; and
(B)
only contains—
(i)
authorization for 1 or more water resources development or conservation projects for which a final report of the Chief of Engineers has been completed; or
(ii)
deauthorization for 1 or more water resources development or conservation projects.
(2)
Expedited consideration.— If an interim authorization bill is not reported by a committee to which it is referred within 30 calendar days, the committee shall be discharged from its further consideration and the bill shall be referred to the appropriate calendar.
(b)
Consideration in the Senate.—
(1)
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.
(2)
Applicability.— The procedures under this subsection apply to projects for water resources development, conservation, and other purposes, subject to the conditions that—
(A)
each project is carried out—
(i)
substantially in accordance with the plan identified in the report of the Chief of Engineers for the project; and
(ii)
subject to any conditions described in the report for the project; and
(B)
(i)
a report of the Chief of Engineers has been completed; and
(ii)
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.
(3)
Expedited consideration.—
(A)
In general.— A bill shall be eligible for expedited consideration in accordance with this subsection if the bill—
(i)
authorizes a project that meets the requirements described in paragraph (2); and
(ii)
is referred to the Committee on Environment and Public Works of the Senate.
(B)
Committee consideration.—
(i)
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 subparagraph (A); or
(II)
introduce and report a measure to authorize any project that meets the requirements described in paragraph (2).
(ii)
Failure to act.— Subject to clause (iii), if the committee fails to act on a bill that meets the requirements of subparagraph (A) by the date specified in clause (i), the bill shall be discharged from the committee and placed on the calendar of the Senate.
(iii)
Exceptions.— Clause (ii) shall not apply if—
(I)
in the 180-day period immediately preceding the date specified in clause (i), the full committee holds a legislative hearing on a bill to authorize all projects that meet the requirements described in paragraph (2);
(II)
(aa)
the committee favorably reports a bill to authorize all projects that meet the requirements described in paragraph (2); and
(bb)
the bill described in item (aa) is placed on the calendar of the Senate; or
(III)
a bill that meets the requirements of subparagraph (A) is referred to the committee not earlier than 30 days before the date specified in clause (i).
(4)
Termination.— The procedures for expedited consideration under this subsection terminate on December 31, 2018.
(c)
Rules of the Senate and House of Representatives.— This section is enacted by Congress—
(1)
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill addressed by this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(2)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.