Amends the Water Resources Development Act of 1986 to provide for the deauthorization of such projects.
Provides for the decommissioning of underused waterways in the Inland Waterways System, using economic and national interest criteria.
Requires the Water Resources Council to prioritize water resource projects within their particular type (flood damage, navigation, environmental restoration) using national benefits and cost-benefit ratio (1.5 or greater) criteria. Deauthorizes certain projects, including certain unfunded environmental infrastructure projects and those concerning municipal, industrial, or agricultural water supply, and school construction.
Requires a cost-benefit ratio of 1.5 or higher for water resources projects subject to a cost-benefit analysis. Provides for the deauthorization of certain projects not meeting such criterion.
Directs the Secretary to revise the principles and guidelines of the Corps of Engineers concerning cost-benefit analysis, regional impacts, environmental restoration costs, and the incorporation of new analytical techniques, including those for risk.
Establishes criteria for the review of a water resource project's reports and statements by an independent expert panel, including criteria regarding cost and the likelihood of significant adverse environmental impact.
Revises inland waterway project cost-sharing requirements, including those for construction, operation and maintenance, flood damage reduction, beach replacement, and the Inland Waterways Trust Fund.
Requires public access to water resources project information.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1987 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 1987
To provide for reform of the Corps of Engineers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2002
Mr. Smith of New Hampshire (for himself, Mr. Feingold, and Mr. McCain)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for reform of the Corps of Engineers, 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 ``Corps of Engineers Modernization and
Improvement Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Academy.--The term ``Academy'' means the National
Academy of Sciences.
(2) Corps.--The term ``Corps'' means the Corps of
Engineers.
(3) Principles and guidelines.--The term ``Principles and
Guidelines'' means the principles and guidelines of the Corps
for water resources projects (consisting of Engineer Regulation
1105-2-100 and Engineer Pamphlet 1165-2-1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. PROJECT BACKLOG.
(a) Review and Report on Water Resources Construction Backlog.--
(1) Definitions.--In this subsection:
(A) Active.--The term ``active'', with respect to a
project, means that--
(i) the project is economically justified;
(ii) the project has received funding for--
(I) preconstruction engineering and
design; or
(II) construction; and
(iii) the non-Federal interests with
respect to the project have demonstrated
willingness and the ability to provide the
required non-Federal share.
(B) Deferred.--The term ``deferred'', with respect
to a project, means that the project--
(i) has doubtful economic justification;
(ii) requires restudy to determine the
economic feasibility of the project; or
(iii) is a project for which the non-
Federal interests are unable to provide
required cooperation.
(C) Inactive.--The term ``inactive'', with respect
to a project, means that--
(i) the project is not economically
justified;
(ii) the project no longer meets current
and prospective needs as described in a
feasibility report or general reevaluation
report; or
(iii) the non-Federal interests with
respect to the project have not demonstrated
willingness or the ability to provide the
required non-Federal share.
(D) Project.--The term ``project'' means a water
resources project, or a separable element of a water
resources project, that is authorized by law for
funding from--
(i) the Construction, General,
appropriations account; or
(ii) the construction portion of the Flood
Control, Mississippi River and Tributaries,
appropriations account.
(2) Study.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a study
consisting of--
(i) the list described in subparagraph (B);
and
(ii) the information described in
subparagraph (C).
(B) List.--The list referred to in subparagraph (A)
is a list of all authorized water resources projects--
(i) that have not been commenced; or
(ii) the construction of which has not been
completed.
(C) Required information.--Each project on the list
described in subparagraph (B) shall be accompanied by
information on--
(i) the primary purpose of the project;
(ii) the year in which construction of the
project was commenced;
(iii) the total cost of the project in
current year dollars;
(iv) the cost-benefit ratio of the project,
determined based on current discount rates;
(v) the estimated annual benefits and
annual costs of the project;
(vi) the remaining additional benefits and
the remaining additional costs to complete
construction of the project (including the
ratio that remaining benefits bears to
remaining costs);
(vii)(I) the year during which the most
recent major studies of the feasibility and
design of the project were completed; and
(II) the year during which the most recent
environmental impact statement or environmental
assessment for the project was completed;
(viii) the date of the last year for which
economic data that was included in the most
recent analysis of the feasibility and
justification of the project was collected;
(ix) the status of each project as--
(I) reconnaissance, preconstruction
engineering and design, or
construction; and
(II) active, deferred, or inactive;
and
(x) the matters described in paragraph (3)
for each particular type of project.
(3) Information for particular project type.--The study
under paragraph (2) shall include--
(A) in the case of a flood damage reduction
project--
(i) the extent to which the project
reflects national flood damage reduction
priorities as established by the Federal
Emergency Management Agency;
(ii)(I) the level of flood protection
provided; and
(II) to the maximum extent practicable, the
extent to which the project is based on
projected growth and the basis for each
projection of growth; and
(iii) the extent to which the project--
(I) restores natural aquatic
ecosystem functions; and
(II) avoids adverse environmental
impacts and risk before implementation
of mitigation activities;
(B) in the case of a navigation project--
(i)(I) the extent to which the economic
benefits of the project are based on existing
levels of commercial traffic rather than
projected growth in commercial traffic; and
(II) to the maximum extent practicable, the
extent to which the project is based on
projected growth and the basis for each
projection of growth; and
(ii) the extent of the likely environmental
benefits of the project, including the extent
of--
(I) remediation of contaminated
sediments, or reuse of dredged
material, to restore aquatic habitat;
and
(II) adverse environmental impacts
and risks of the project; and
(C) in the case of an environmental restoration
project--
(i) the extent to which the project--
(I) restores natural hydrologic
processes and the spatial extent of
aquatic habitat; and
(II) otherwise produces self-
sustaining environmental benefits; and
(ii) the extent to which the project
addresses critical national conservation
priorities, including preservation and
protection of endangered and threatened species
or habitat of endangered and threatened
species.
(4) Measurement and reporting.--
(A) In general.--The Secretary shall use objective
and quantifiable standards for measuring and reporting
the information required to be submitted under
paragraph (3).
(B) Alternative method of reporting.--In any case
in which the information required to be submitted under
subparagraph (B)(ii) or (C) of paragraph (3) cannot be
quantified, the information shall be reported through
an objective description of the benefits and impacts of
the applicable project.
(5) Availability to the public.--The study submitted to
Congress under paragraph (2) shall be made available to--
(A) any person on request; and
(B) the public on the Internet.
(b) Project Deauthorizations.--Section 1001 of the Water Resources
Development Act of 1986 (33 U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction of a project.--The term `construction of
a project' means--
``(A) with respect to a flood control project--
``(i) the acquisition of land, an easement,
or a right-of-way; or
``(ii) the performance of physical work
under a construction contract;
``(B) with respect to an environmental protection
and restoration project--
``(i) the acquisition of land, an easement,
or a right-of-way primarily to facilitate the
restoration of wetland or similar habitat; or
``(ii) the performance of physical work
under a construction contract--
``(I) to modify an existing project
facility; or
``(II) to construct a new
environmental protection or restoration
measure;
``(C) with respect to a shore protection project--
``(i) the acquisition of land, an easement,
or a right-of-way; or
``(ii) the performance of physical work
under a construction contract for a structural
or a nonstructural measure; and
``(D) with respect to any project that is not
described in subparagraph (A), (B), or (C), the
performance of physical work under a construction
contract.
``(2) Inactive.--The term `inactive', with respect to a
project, means that--
``(A) the project is not economically justified;
``(B) the project no longer meets current and
prospective needs as described in a feasibility report
or general reevaluation report;
``(C) the non-Federal interests with respect to the
project have not demonstrated willingness or the
ability to provide the required non-Federal share; or
``(D)(i) the project most recently received, under
an Act of Congress, authorization or reauthorization
for construction more than 25 years before the date of
enactment of this subparagraph; and
``(ii) an amount that is less than 33 percent of
the estimated total costs of the project (excluding
costs of preconstruction engineering and design) has
been obligated for the project as of the date of
enactment of this subparagraph.
``(3) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity relating to--
``(A) project planning;
``(B) engineering and design;
``(C) relocation; or
``(D) the acquisition of land, an easement, or a
right-of-way.
``(4) Project.--The term `project' means a water resources
project, or a separable element of a water resources project,
that is authorized by law for funding from--
``(A) the Construction, General, appropriations
account; or
``(B) the construction portion of the Flood
Control, Mississippi River and Tributaries,
appropriations account.
``(b) Inactive Projects.--
``(1) List.--Not later than December 31, 2003, and
biennially thereafter, the Secretary shall submit to Congress a
list of inactive projects.
``(2) Deauthorization.--An inactive project shall be
deauthorized effective beginning 1 year after the date of
submission of a list under paragraph (1) that includes the
project unless, during that 1-year period, Congress
reauthorizes the project in accordance with the Corps of
Engineers Modernization and Improvement Act of 2002 and the
amendments made by that Act.
``(c) Projects Never Under Construction.--
``(1) List.--The Secretary shall annually submit to
Congress a list of projects that have been authorized for
construction, but for which no Federal funds have been
obligated for construction during the 3 consecutive fiscal
years preceding the fiscal year in which the list is submitted.
``(2) Deauthorization.--A project authorized for
construction that is not subject to subsection (b) shall be
deauthorized effective beginning 5 years after the date of the
most recent authorization or reauthorization of the project
unless, during that 5-year period, Federal funds are obligated
for construction of the project.
``(d) Projects for Which Construction Has Been Suspended.--
``(1) List.--The Secretary shall annually submit to
Congress a list of projects--
``(A) that have been authorized for construction;
and
``(B) for which no Federal funds have been
obligated for construction during the 2 consecutive
fiscal years preceding the date of submission of the
list.
``(2) Deauthorization.--A project that is not subject to
subsection (b) but for which Federal funds have been obligated
for construction of the project shall be deauthorized if
Federal funds appropriated specifically for construction of the
project, as indicated in an Act of Congress or in accompanying
legislative report language, are not obligated for construction
of the project during the period of 3 fiscal years following
the last fiscal year in which Federal funds were obligated for
construction of the project.
``(e) Completed Projects.--Subsections (b), (c), and (d) shall not
apply--
``(1) in the case of a beach nourishment project, after
initial construction of the project has been completed; or
``(2) in the case of any other project, after construction
of the project has been completed.
``(f) Congressional Notifications.--On submission of a list under
subsection (b), (c), or (d), the Secretary shall notify each Senator in
whose State, and each Member of the House of Representatives in whose
district, a project on the list is or would be located.
``(g) Final Deauthorization List.--The Secretary shall annually
publish in the Federal Register a list of all projects deauthorized
under subsections (b), (c), and (d).''.
(c) Waterways.--
(1) Report by academy.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
enter into a contract with the Academy to prepare a
report on waterways in the Inland Waterways System.
(B) Contents of report.--The report shall--
(i) review the Inland Waterways System;
(ii) provide data on the commercial traffic
being carried by each waterway in the System as
of the date of the report;
(iii) provide an analysis of the extent to
which prior projections of the commercial
traffic carried by each waterway in the System
were accurate; and
(iv) based on the information provided
under clauses (ii) and (iii)--
(I) identify underused waterways in
the System;
(II) propose new economic and
environmental uses for underused
waterways;
(III) describe statutory and
administrative reforms that are needed
to ease the transition from the current
authorized uses of the System to new
economic and environmental uses of the
System; and
(IV) recommend which waterways in
the System should be decommissioned.
(2) Decommissioning mechanism for underused waterways.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall by regulation establish a mechanism for the
decommissioning of waterways that--
(A) are no longer economically justified, based on
commercial traffic and current discount rates; or
(B) are no longer in the national interest.
(d) Report on Prioritization of Projects.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Water Resources Council established
under title I of the Water Resources Planning Act (42 U.S.C.
1962a et seq.) shall submit to Congress a report that
prioritizes, within each type of water resources project
specified in paragraph (2), authorized water resources projects
of the Corps based on the extent to which each water resources
project--
(A) is providing, or may provide, national
benefits;
(B) has a cost-benefit ratio of 1.5 or greater,
determined based on current discount rates; and
(C) meets the criteria for the particular type of
project that are specified in paragraph (2).
(2) Prioritization within each particular project type.--
The criteria referred to in paragraph (1)(C) are that--
(A) in the case of a flood damage reduction
project, the project--
(i) reflects national flood damage
reduction priorities established by the Federal
Emergency Management Agency;
(ii)(I) provides a 100-year or greater
level of flood protection; and
(II) provides a high level of protection
to, and benefits derived from, protecting urban
property;
(iii)(I) restores natural aquatic ecosystem
functions; and
(II) avoids adverse environmental impacts
and risk; and
(iv) contains nonstructural features;
(B) in the case of a navigation project, the
project--
(i)(I) provides economic benefits based on
existing levels of commercial traffic rather
than projected growth in commercial traffic;
and
(II) has a high level of certainty in a
growth projection, if the justification for the
project is based on projected growth; and
(ii) provides significant environmental
benefits, including--
(I) remediation of contaminated
sediments or reuse of dredged material
to restore aquatic habitat; and
(II) low adverse environmental
impacts and risks of the project; and
(C) in the case of an environmental restoration
project, the project--
(i)(I) restores natural hydrologic
processes and the spatial extent of aquatic
habitat; and
(II) otherwise produces self-sustaining
environmental benefits; and
(ii) addresses critical national
conservation priorities, including preservation
and protection of endangered and threatened
species or habitat of endangered and threatened
species.
(e) Reduction of Mission Creep.--
(1) Environmental infrastructure projects.--Each
environmental infrastructure project that is authorized to be
carried out by the Secretary, and that, as of the date of
enactment of this Act, has not received any Federal funding, is
deauthorized.
(2) Municipal and industrial water supply.--Each municipal
and industrial water supply project carried out at any Federal
expense is deauthorized.
(3) Irrigation.--Each project that has the primary purpose
of providing agricultural water supply, and that is authorized
to be carried out by the Secretary, is deauthorized.
(4) School construction.--Beginning on the date of
enactment of this Act, the Secretary shall not enter into any
contract or other agreement (including any contract or other
agreement under the Support for Others Program of the Corps) to
construct or renovate any school in the United States,
excluding any school on a military base or in support of a
military function.
(f) Projects Without Chief's Reports.--
(1) Point of order.--It shall not be in order in the Senate
to consider any bill, amendment, motion, or conference report
that authorizes a water resources project unless a final report
from the Chief of Engineers recommending the water resources
project, or an alternative to the water resources project, has
been submitted to Congress at least 30 days before the date of
consideration of the bill, amendment, motion, or conference
report.
(2) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
SEC. 4. COST-BENEFIT RATIO.
(a) Recommendation of Projects.--Beginning in fiscal year 2003, in
the case of a water resources project that is subject to a cost-benefit
analysis, the Secretary may recommend the project for authorization by
Congress, and may choose the project as a recommended alternative in
any record of decision or environmental impact statement, only if the
project, in addition to meeting any other criteria required by law, has
projected benefits that are at least 1.5 times as great as the
estimated total costs of the project, based on current discount rates.
(b) Review and Deauthorization of Projects.--
(1) Review.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review each water
resources project described in paragraph (2) to determine
whether the projected benefits of the project are less than 1.5
times as great as the estimated total costs of the project.
(2) Projects subject to review.--A water resources project
shall be subject to review under paragraph (1) if--
(A) the project was authorized before the date on
which the review is commenced;
(B) the project is subject to a cost-benefit
analysis; and
(C) an amount that is less than 33 percent of the
estimated total costs of the project (excluding costs
of preconstruction engineering and design) has been
obligated.
(3) Deauthorizations.--
(A) In general.--On completion of the review under
paragraph (1), the Secretary shall submit to Congress a
list that describes each water resources project the
projected benefits of which are less than 1.5 times as
great as the estimated total costs of the project.
(B) Projects.--A project included on the list under
subparagraph (A) shall be deauthorized effective
beginning 3 years after the date of submission of the
list to Congress unless, during that 3-year period,
Congress reauthorizes the project.
(4) Deauthorized projects for which construction has been
commenced.--In the case of a water resources project that is
deauthorized under paragraph (3) and for which construction
(other than preconstruction engineering and design) has been
commenced, the Secretary may take such actions as are necessary
with respect to the project to protect public health and safety
and the environment.
(c) Exclusion of Elements From Benefit-Cost Analysis.--Section
308(a) of the Water Resources Development Act of 1990 (33 U.S.C.
2318(a)) is amended--
(1) in paragraph (1)(B), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) any projected benefit attributable to any increase in
the value of privately owned property, increase in the quantity
of privately owned property, or increase in the value of
privately owned services, that arises from the draining,
reduction, or elimination of wetland.''.
SEC. 5. PRINCIPLES AND GUIDELINES.
(a) Realistic Construction Scheduling.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Academy and appropriate Federal agencies, shall revise the
Principles and Guidelines to factor into the cost-benefit
analysis for each water resources project a more realistic
expected timeframe for completion of construction of the water
resources project.
(2) Considerations.--The revision under paragraph (1) shall
reflect--
(A)(i) the impact of the large number of authorized
water resources projects--
(I) that have not been commenced; or
(II) the construction of which has not been
completed; and
(ii) the resulting impracticability of assuming
that Congress will fund the water resources project as
if there were no budget constraints; and
(B) the levels of appropriations from the
Construction, General, appropriations account for
similar water resources projects during the most recent
5 fiscal years.
(b) Regional Impacts of Port and Harbor Projects.--
(1) Definition of region.--In this subsection, the term
``region'', with respect to the United States, means--
(A) the North and South Atlantic region;
(B) the Great Lakes region;
(C) the Gulf of Mexico region; and
(D) the North and South Pacific region.
(2) Revision.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Academy, shall revise the Principles and Guidelines to require
that feasibility studies, general reevaluation studies, and
environmental impact statements for a port or harbor project
include detailed and thorough consideration of--
(A) economic impacts of the project on other United
States ports in the same region;
(B) cumulative environmental impacts of the project
within the region; and
(C) cumulative impacts of the project on
overcapacity in the region.
(3) Consideration of other port or harbor projects under
construction or study.--In applying the Principles and
Guidelines as revised under paragraph (2) with respect to a
port or harbor project, the Secretary shall take into
consideration other port or harbor projects in the region that
are under construction or under study (other than a
reconnaissance study).
(c) Congressional Statement of Objectives.--Section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962-2) is amended to read as
follows:
``SEC. 209. CONGRESSIONAL STATEMENT OF OBJECTIVES.
``(a) In General.--It is the intent of Congress that economic
development and environmental protection and restoration be co-equal
goals of water resources planning and development.
``(b) Revision of Principles and Guidelines.--Not later than 1 year
after the date of enactment of the Corps of Engineers Modernization and
Improvement Act of 2002, the Secretary of the Army, in consultation
with the National Academy of Sciences, shall revise the principles and
guidelines of the Corps of Engineers for water resources projects
(consisting of Engineer Regulation 1105-2-100 and Engineer Pamphlet
1165-2-1)--
``(1) to provide for the consideration of environmental
restoration costs under economic models of the Corps;
``(2) to incorporate new techniques in risk and uncertainty
analysis;
``(3) to eliminate biases and disincentives for
nonstructural flood damage reduction projects;
``(4) to incorporate new analytical techniques;
``(5) to encourage, to the maximum extent practicable, the
restoration of aquatic ecosystems; and
``(6) to ensure that water resources projects are justified
by benefits that accrue to the public at large and not only to
a limited number of private businesses.
``(c) Revision of Guidance.--The Secretary of the Army shall revise
the Guidance for Conducting Civil Works Planning Studies (ER 1105-2-
100) to comply with this section.
``(d) Applicability to Outdated Unconstructed Projects.--
``(1) In general.--After carrying out subsection (c), the
Secretary shall not commence or continue with construction of
any water resources project, or separable element of a water
resources project, described in paragraph (2) until such time
as a general reevaluation study that evaluates a full range of
alternatives demonstrates that the water resources project or
separable element meets all project criteria and requirements
(including the revisions under subsections (b) and (c)) that
are applicable at the time at which the general reevaluation
study is commenced.
``(2) Projects and elements.--A water resources project or
separable element referred to in paragraph (1) is a project or
element--
``(A) that has been authorized for 10 years or
more; and
``(B) on which an amount that is less than 15
percent of the estimated total costs of the project or
element (excluding costs of preconstruction engineering
and design) has been obligated.''.
SEC. 6. INDEPENDENT REVIEW.
(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'', with
respect to a water resources project, means a State or portion
of a State that--
(A) is located, at least partially, within the
drainage basin in which the project is carried out; and
(B) would be economically or environmentally
affected as a result of the project.
(2) Director.--The term ``Director'' means the Director of
Independent Review appointed under subsection (c)(1).
(b) Projects Subject to Independent Review.--
(1) In general.--The Secretary shall ensure that each
feasibility report, general reevaluation report, and
environmental impact statement for each water resources project
described in paragraph (2) is subject to review by an
independent panel of experts established under this section.
(2) Projects subject to review.--A water resources project
shall be subject to review under paragraph (1) if--
(A) the project has an estimated total cost of more
than $25,000,000, including mitigation costs;
(B) the Governor of an affected State requests the
establishment of an independent panel of experts for
the project;
(C) the Director of the United States Fish and
Wildlife Service or the Director of the National Marine
Fisheries Service determines that the project is likely
to have significant adverse impacts on fish or wildlife
even if any proposed mitigation plans are carried out;
(D) the Administrator of the Environmental
Protection Agency determines that the project is likely
to have a significant adverse impact on the
environment; or
(E) the Secretary determines under paragraph (3)
that the project is controversial.
(3) Controversial projects.--
(A) In general.--The Secretary shall determine that
a water resources project is controversial for the
purposes of paragraph (2)(E) if the Secretary finds
that--
(i) there is a significant public dispute
as to the size, nature, or effects of the
project;
(ii) there is a significant public dispute
as to the economic or environmental costs or
benefits of the project; or
(iii) there is a significant public dispute
as to the benefits to the communities affected
by the project of a project alternative that--
(I) was not the focus of the
feasibility report, general
reevaluation report, or environmental
impact statement for the project; or
(II) was not considered in the
feasibility report, general
reevaluation report, or environmental
impact statement for the project.
(B) Written requests.--Not later than 30 days after
the date on which the Secretary receives a written
request of an interested party, or on the initiative of
the Secretary, the Secretary shall determine whether a
project is controversial.
(c) Director of Independent Review.--
(1) Appointment.--The Director of the Office of Management
and Budget shall appoint in the Office of the Inspector General
of the Department of the Army a Director of Independent Review.
(2) Qualifications.--The Director of the Office of
Management and Budget shall select the Director from among
individuals who are distinguished experts in biology,
hydrology, engineering, economics, or another discipline
relating to water resources management.
(3) Limitation on appointments.--The Director of the Office
of Management and Budget shall not appoint an individual to
serve as the Director if the individual has a financial
interest in or close professional association with any entity
with a strong financial interest in a water resources project
that, on the date of appointment, is--
(A) under construction;
(B) in the preconstruction engineering and design
phase; or
(C) under feasibility or reconnaissance study by
the Corps.
(4) Terms.--
(A) In general.--The term of a Director appointed
under this subsection shall be 6 years.
(B) Term limit.--An individual may serve as the
Director for not more than 2 nonconsecutive terms.
(5) Duties.--The Director shall establish a panel of
experts to review each water resources project that is subject
to review under subsection (b).
(d) Establishment of Panels.--
(1) In general.--After the Secretary selects a preferred
alternative for a water resources project subject to review
under subsection (b) in a formal draft feasibility report,
draft general reevaluation report, or draft environmental
impact statement, the Director shall establish a panel of
experts to review the project.
(2) Membership.--A panel of experts established by the
Director for a project shall be composed of not less than 5 nor
more than 9 independent experts, including 1 or more
biologists, engineers, and economists, who represent a range of
areas of expertise.
(3) Limitation on appointments.--The Director shall not
appoint an individual to serve on a panel of experts for a
project if the individual has a financial interest in or close
professional association with any entity with a strong
financial interest in the project.
(4) Consultation.--The Director may consult with the
Academy in developing lists of individuals to serve on panels
of experts under this section.
(5) Compensation.--An individual serving on a panel of
experts under this section shall be compensated at a rate of
pay to be determined by the Inspector General.
(6) Travel expenses.--A member of a panel of experts under
this section shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of the
duties of the panel.
(e) Duties of Panels.--A panel of experts established for a water
resources project under this section shall--
(1) review each feasibility report, general reevaluation
report, and environmental impact statement prepared for the
project;
(2) assess the adequacy of the economic and scientific
models used by the Secretary in reviewing the project to ensure
that--
(A) the best available economic and scientific
methods of analysis have been used; and
(B) any regional effects on navigation systems have
been examined;
(3) receive from the public written and oral comments
concerning the project;
(4) not later than the deadline established under
subsection (f), submit to the Secretary a report concerning the
economic, engineering, and environmental analysis of the
project, including the conclusions of the panel, with
particular emphasis on areas of public controversy, with
respect to the feasibility report, general reevaluation report,
or environmental impact statement; and
(5) not later than 30 days after the date of issuance of a
final feasibility report, final general reevaluation report, or
final environmental impact statement, but prior to the entry of
a record of decision, submit to the Secretary a brief report
stating the views of the panel on the extent to which the final
analysis adequately addresses issues or concerns raised by each
earlier evaluation by the panel.
(f) Duration of Project Reviews.--
(1) Deadline.--Except as provided in paragraph (2), not
later than 180 days after the date of establishment of a panel
of experts for a water resources project under this section,
the panel shall complete each required review of the project
and all other duties of the panel relating to the project
(other than the duties described in subsection (e)(5)).
(2) Extension of deadline for report on economic,
engineering, and environmental analysis.--A panel of experts
shall submit to the Secretary a report required under
subsection (e)(4) not later than 240 days after the date of
issuance of a feasibility report, general reevaluation report,
or environmental impact statement, if the panel submits to the
Director before the end of the 180-day period described in
paragraph (1), and the Director approves, a request for a 60-
day extension of the deadline established under that paragraph.
(g) Recommendations of Panel.--
(1) Consideration by secretary.--
(A) In general.--If the Secretary receives a report
on a water resources project from a panel of experts
under this section by the deadline established under
subsection (f), the Secretary shall, before entering a
final record of decision for the water resources
project--
(i) take into consideration any
recommendations contained in the report; and
(ii) prepare a written explanation for any
recommendations not adopted.
(B) Inconsistent recommendations and findings.--
Recommendations and findings of the Secretary that are
inconsistent with the recommendations and findings of a
panel of experts under this section shall not be
entitled to deference in a judicial proceeding.
(2) Public review; submission to congress.--After receiving
a report on a water resources project from a panel of experts
under this section (including a report under subsection
(e)(5)), the Secretary shall--
(A) make a copy of the report (and any written
explanation of the Secretary on recommendations
contained in the report) available for public review;
and
(B) include a copy of the report (and any written
explanation of the Secretary) in any report submitted
to Congress concerning the project.
(h) Costs.--
(1) Limitation on cost of review.--The cost of conducting a
review of a water resources project under this section shall
not exceed--
(A) $250,000 for a project, if the total cost of
the project in current year dollars is less than
$50,000,000; and
(B) 0.5 percent of the total cost of the project in
current year dollars, if the total cost is $50,000,000
or more.
(2) Treatment.--The cost of conducting a review of a
project under this section shall be considered to be part of
the total cost of the project.
(3) Cost sharing.--A review of a project under this section
shall be subject to section 105(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(a)).
(4) Waiver of limitation.--The Secretary may waive a
limitation under paragraph (1) if the Secretary determines that
the waiver is appropriate.
(i) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to a panel of
experts established under this section.
SEC. 7. COST SHARING.
(a) Inland Waterways.--
(1) Construction.--Section 102(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
(A) in the first sentence, by striking ``One-half
of the costs of construction'' and inserting ``Forty-
five percent of the costs of construction''; and
(B) by striking the second sentence and inserting
``Fifty-five percent of those costs shall be paid only
from amounts appropriated from the Inland Waterways
Trust Fund.''.
(2) Operation and maintenance.--Section 102 of the Water
Resources Development Act of 1986 (33 U.S.C. 2212) is amended
by striking subsections (b) and (c) and inserting the
following:
``(b) Operation and Maintenance.--
``(1) Federal share.--The Federal share of the cost of
operation and maintenance shall be 100 percent in the case of--
``(A) a project described in paragraph (1) or (2)
of subsection (a); or
``(B) the portion of the project authorized by
section 844 that is allocated to inland navigation.
``(2) Source of federal share.--
``(A) General fund.--In the case of a project
described in paragraph (1) or (2) of subsection (a)
with respect to which the cost of operation and
maintenance is less than or equal to 1 cent per ton
mile, or in the case of the portion of the project
authorized by section 844 that is allocated to inland
navigation, the Federal share under paragraph (1) shall
be paid only from amounts appropriated from the general
fund of the Treasury.
``(B) General fund and inland waterways trust
fund.--In the case of a project described in paragraph
(1) or (2) of subsection (a) with respect to which the
cost of operation and maintenance is greater than 1 but
less than or equal to 10 cents per ton mile--
``(i) 75 percent of the Federal share under
paragraph (1) shall be paid only from amounts
appropriated from the general fund of the
Treasury; and
``(ii) 25 percent of the Federal share
under paragraph (1) shall be paid only from
amounts appropriated from the Inland Waterways
Trust Fund.
``(C) Inland waterways trust fund.--In the case of
a project described in paragraph (1) or (2) of
subsection (a) with respect to which the cost of
operation and maintenance is greater than 10 cents per
ton mile, 100 percent of the Federal share under
paragraph (1) shall be paid only from amounts
appropriated from the Inland Waterways Trust Fund.''.
(b) Flood Damage Reduction.--Section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213) is amended--
(1) in subsections (a)(2) and (b) by striking ``35'' each
place it appears and inserting ``50'';
(2) in the paragraph heading of subsection (a)(2), by
striking ``35 percent minimum'' and inserting ``Minimum''; and
(3) in the paragraph heading of subsection (b), by striking
``35'' in and inserting ``50''.
(c) Beach Replacement.--Section 103(d)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)(2)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--The non-Federal cost of the
periodic nourishment of a project, or any measure for
shore protection or beach erosion control for a
project, shall be 65 percent.''.
SEC. 8. COST CONTROLS.
(a) Increases in Total Costs.--Section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280) is amended by striking ``In
order'' and all that follows through ``project shall be'' and inserting
``In order to ensure against cost overruns, with respect to a water
resources project that an Act of Congress authorizes the Secretary to
carry out, each total cost specified for the project in an Act, or in
accompanying legislative report language, shall be''.
(b) Requirement of Payment of Non-Federal Share After Waiver.--
(1) In general.--Notwithstanding any other provision of
law, in the case of a water resources project or a separable
element of a water resources project described in paragraph
(2), the Secretary may obligate funds authorized for the
project or separable element only after the non-Federal
interests have demonstrated willingness and the ability to
provide 100 percent of the non-Federal share required to be
paid, under title I of the Water Resources Development Act of
1986 (33 U.S.C. 2211 et seq.), with respect to the project or
separable element.
(2) Water resources projects.--A water resources project or
separable element referred to in paragraph (1) is a water
resources project or separable element--
(A) that was authorized on or after November 17,
1986, but before the date of enactment of this Act;
(B) with respect to which the requirement that the
non-Federal interests pay a non-Federal share has been
waived under a provision of law other than section
103(m) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(m)); and
(C) for which, as of the date of enactment of this
Act, the Secretary has not entered into a project
cooperation agreement with the non-Federal interests.
SEC. 9. PUBLIC ACCESS TO INFORMATION.
(a) In General.--Except as provided in subsection (c), the
Secretary shall ensure that information relating to the analysis or
justification of a water resources project by the Corps is made
available--
(1) to any individual on request; and
(2) to the public on the Internet.
(b) Types of Information.--Information concerning a water resources
project that shall be made available under subsection (a) shall
include--
(1) all information that has been made available to the
non-Federal interests with respect to the project; and
(2) all data, analytical documents, and other information
considered or used by the Corps in the analysis or
justification of the project.
(c) Exception for Trade Secrets.--
(1) In general.--Under subsection (a), the Secretary shall
not make available any information that the Secretary
determines to be a trade secret of the person that provided the
information to the Corps.
(2) Criteria for trade secrets.--The Secretary shall
consider information to be a trade secret only if--
(A) the person that provided the information to the
Corps--
(i) has not disclosed the information to
any person other than--
(I) an officer or employee of the
United States or a State or local
government;
(II) an employee of the person that
provided the information to the Corps;
or
(III) a person that is bound by a
confidentiality agreement; and
(ii) has taken reasonable measures to
protect the confidentiality of the information
and demonstrates an intent to continue to take
such measures;
(B) the information is not required to be
disclosed, or otherwise made available, to the public
under any other Federal or State law; and
(C) disclosure of the information is likely to
cause substantial harm to the competitive position of
the person that provided the information to the Corps.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1539-1540)
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held.
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