[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2293 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2293

 To amend the Flood Control Act of 1970 with respect to credit for in-
              kind contributions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2013

Ms. Matsui (for herself and Mr. LaMalfa) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Flood Control Act of 1970 with respect to credit for in-
              kind contributions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flood Control Credit Act of 2013''.

SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.

    (a) In General.--Subject to subsection (b), the Secretary of the 
Army may apply credit for in-kind contributions provided by a non-
Federal interest that is in excess of the required non-Federal cost-
share for a water resources study or project, including credit for in-
kind contributions provided to accelerate completion of a water 
resources study or project, toward the required non-Federal cost-share 
for a different water resources study or project.
    (b) Restrictions.--
            (1) In general.--Except for subsection (a)(4)(D)(i) of that 
        section, the requirements of section 221 of the Flood Control 
        Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of 
        this Act) shall apply to any credit under this section.
            (2) Conditions.--Credit in excess of the non-Federal cost-
        share for a study or project may be approved under this section 
        only if--
                    (A) the non-Federal interest submits a 
                comprehensive plan to the Secretary that identifies--
                            (i) the studies and projects for which the 
                        non-Federal interest intends to provide in-kind 
                        contributions for credit that is in excess of 
                        the non-Federal cost share for the study or 
                        project; and
                            (ii) the studies and projects to which that 
                        excess credit would be applied;
                    (B) the Secretary approves the comprehensive plan; 
                and
                    (C) the total amount of credit does not exceed the 
                total non-Federal cost-share for the studies and 
                projects in the approved comprehensive plan.
    (c) Additional Criteria.--In evaluating a request to apply credit 
in excess of the non-Federal cost-share for a study or project toward a 
different study or project, the Secretary shall consider whether 
applying that credit will--
            (1) help to expedite the completion of a project or group 
        of projects;
            (2) reduce costs to the Federal Government; and
            (3) aid the completion of a project that provides 
        significant flood risk reduction or environmental benefits.
    (d) Report.--
            (1) Deadlines.--
                    (A) In general.--Not later than 2 years 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 Environment and Public Works of the Senate 
                an interim report on the use of the authority under 
                this section.
                    (B) Final report.--Not later than 5 years 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 Environment and Public Works of the Senate 
                a final report on the use of the authority under this 
                section.
            (2) Inclusions.--The reports described in paragraph (1) 
        shall include--
                    (A) a description of the use of the authority under 
                this section during the reporting period;
                    (B) an assessment of the impact of the authority 
                under this section on the time required to complete 
                projects; and
                    (C) an assessment of the impact of the authority 
                under this section on other water resources projects.

SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS.

    (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 
(42 U.S.C. 1962d-5b(a)(4)) is amended--
            (1) in subparagraph (A), in the matter preceding clause (i) 
        by inserting ``or a project under an environmental 
        infrastructure assistance program'' after ``law'';
            (2) in subparagraph (C), by striking ``In any case'' and 
        all that follows through the period at the end and inserting 
        the following:
                            ``(i) Construction.--
                                    ``(I) In general.--In any case in 
                                which the non-Federal interest is to 
                                receive credit under subparagraph (A) 
                                for the cost of construction carried 
                                out by the non-Federal interest before 
                                execution of a partnership agreement 
                                and that construction has not been 
                                carried out as of the date of enactment 
                                of this subparagraph, the Secretary and 
                                the non-Federal interest shall enter 
                                into an agreement under which the non-
                                Federal interest shall carry out such 
                                work prior to the non-Federal interest 
                                initiating construction or issuing a 
                                written notice to proceed for the 
                                construction.
                                    ``(II) Eligibility.--Construction 
                                that is carried out after the execution 
                                of an agreement to carry out work 
                                described in subclause (I) and any 
                                design activities that are required for 
                                that construction, even if the design 
                                activity is carried out prior to the 
                                execution of the agreement to carry out 
                                work, shall be eligible for credit.
                            ``(ii) Planning.--
                                    ``(I) In general.--In any case in 
                                which the non-Federal interest is to 
                                receive credit under subparagraph (A) 
                                for the cost of planning carried out by 
                                the non-Federal interest before 
                                execution of a feasibility cost sharing 
                                agreement, the Secretary and the non-
                                Federal interest shall enter into an 
                                agreement under which the non-Federal 
                                interest shall carry out such work 
                                prior to the non-Federal interest 
                                initiating that planning.
                                    ``(II) Eligibility.--Planning that 
                                is carried out by the non-Federal 
                                interest after the execution of an 
                                agreement to carry out work described 
                                in subclause (I) shall be eligible for 
                                credit.'';
            (3) in subparagraph (D)(iii), by striking ``sections 101 
        and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) 
        of the Water Resources Development Act of 1986 (33 U.S.C. 
        2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
            (4) by redesignating subparagraph (E) as subparagraph (H);
            (5) by inserting after subparagraph (D) the following:
                    ``(E) Analysis of costs and benefits.--In the 
                evaluation of the costs and benefits of a project, the 
                Secretary shall not consider construction carried out 
                by a non-Federal interest under this subsection as part 
                of the future without project condition.
                    ``(F) Transfer of credit between separable elements 
                of a project.--Credit for in-kind contributions 
                provided by a non-Federal interest, under this section 
                or section 104 of the Water Resources Development Act 
                of 1986 (33 U.S.C. 2214), that are in excess of the 
                non-Federal cost share for an authorized separable 
                element of a project may be applied toward the non-
                Federal cost share for a different authorized separable 
                element of the same project or toward another 
                authorized project, within the same watershed, for 
                which the non-Federal interest has a cost share 
                responsibility.
                    ``(G) Application of credit.--To the extent that 
                credit for in-kind contributions, as limited by 
                subparagraph (D), and credit for required land, 
                easements, rights-of-way, dredged material disposal 
                areas, and relocations provided by the non-Federal 
                interest exceed the non-Federal share of the cost of 
                construction of a project other than a navigation 
                project, the Secretary shall reimburse the difference 
                to the non-Federal interest, subject to the 
                availability of funds.''; and
            (6) in subparagraph (H) (as redesignated by paragraph 
        (4))--
                    (A) in clause (i), by inserting ``, and to water 
                resources projects authorized prior to the date of 
                enactment of the Water Resources Development Act of 
                1986 (Public Law 99-662), if correction of design 
                deficiencies is necessary'' before the period at the 
                end; and
                    (B) by striking clause (ii) and inserting the 
                following:
                                            ``(ii) Authorization in 
                                        addition to specific credit 
                                        provision.--In any case in 
                                        which a specific provision of 
                                        law authorizes credit for in-
                                        kind contributions provided by 
                                        a non-Federal interest before 
                                        the date of execution of a 
                                        partnership agreement, the 
                                        Secretary may apply the 
                                        authority provided in this 
                                        paragraph to allow credit for 
                                        in-kind contributions provided 
                                        by the non-Federal interest on 
                                        or after the date of execution 
                                        of the partnership 
                                        agreement.''.
    (b) Applicability.--Section 2003(e) of the Water Resources 
Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended by 
inserting ``, or construction of design deficiency corrections on the 
project,'' after ``construction on the project''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
take effect on November 8, 2007.
    (d) Guidelines.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Army shall update 
        any guidance or regulations for carrying out section 221(a)(4) 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as 
        amended by subsection (a)) that are in existence on the date of 
        enactment of this Act or issue new guidelines, as determined to 
        be appropriate by the Secretary.
            (2) Inclusions.--Any guidance, regulations, or guidelines 
        updated or issued under paragraph (1) shall include, at a 
        minimum--
                    (A) the milestone for executing an in-kind 
                memorandum of understanding for construction by a non-
                Federal interest;
                    (B) criteria and procedures for evaluating a 
                request to execute an in-kind memorandum of 
                understanding for construction by a non-Federal 
                interest that is earlier than the milestone under 
                subparagraph (A) for that execution; and
                    (C) criteria and procedures for determining whether 
                work carried out by a non-Federal interest is integral 
                to a project.
            (3) Public and stakeholder participation.--Before issuing 
        any new or revised guidance, regulations, or guidelines or any 
        subsequent updates to those documents, the Secretary shall--
                    (A) consult with affected non-Federal interests;
                    (B) publish the proposed guidelines developed under 
                this subsection in the Federal Register; and
                    (C) provide the public with an opportunity to 
                comment on the proposed guidelines.
    (e) Interim Period.--During the period beginning on the date of 
enactment of this Act and ending on the date on which guidance, 
regulations, or guidelines are updated or issued under subsection (d), 
the Secretary shall process credit under section 104 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a 
non-Federal interest, if--
            (1) the applicable non-Federal work meets the requirements 
        for credit under section 104; and
            (2) the applicable non-Federal work does not meet the 
        requirements for credit under existing guidelines for section 
        221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
    (f) Availability of Credit.--Credit for in-kind contributions 
authorized under section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d-5b) or section 104 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2214) shall be available for work performed by a 
non-Federal interest on any separable element of a project following 
the identification by the Secretary of project alternatives as part of 
a feasibility study or a general or limited reevaluation report.
    (g) Other Credit.--Nothing in section 221(a)(4) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by 
subsection (a)) affects any eligibility for credit under section 104 of 
the Water Resources Development of 1986 (33 U.S.C. 2214) that was 
approved by the Secretary prior to the date of enactment of this Act.
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