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H.R. 9497IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 108 · H.R. 9497

Project study schedule and cost estimate

Title I — General Provisions

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 108

(a) Vertical integration and acceleration of studies Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) is amended— (1) by amending subsection (a) to read as follows: (a) In general In carrying out a feasibility study carried out by the Secretary pursuant to section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282), the Secretary shall— (1) complete the feasibility study as efficiently and expeditiously as practicable; (2) align the scope of the feasibility study with the goals of the non-Federal interest, to the extent practicable in accordance with the authorities of the Secretary and statutory requirements relating to water resources development projects; (3) carry out the feasibility study in a manner that ensures that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under such section 905; and (4) include in the report submitted with respect to the study under section 2033(f)(2) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f)(2)) sufficient information for Congress to fully review the study, which may be in the form of details relating to any remaining project cost uncertainties as appropriate for the maturity of the project design.; (2) in subsection (d)(1), by striking the environmental review process under section 1005 and inserting any required environmental review; (3) by striking subsections (b), (c), (e), and (f); and (4) by redesignating subsection (d) as subsection (b). (b) Detailed project schedule Section 905(g) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(g)) is amended— (1) in paragraph (2), by striking, to the maximum extent practicable,; (2) by striking paragraph (3) and inserting the following: (3) Requirements (A) In general In carrying out paragraph (2), for each feasibility study, the relevant District Engineer shall establish deadlines for milestones, and a total cost estimate for the study, taking into consideration, to the maximum extent practicable— (i) the goals of the non-Federal interest; (ii) the statutory requirements and authorities of the Corps of Engineers; (iii) the complexity of the study; and (iv) any other factors identified by the District Engineer and the non-Federal interest. (B) Collaboration with non-Federal interest The District Engineer shall collaborate with the relevant non-Federal interest in establishing deadlines for milestones under subparagraph (A). (C) Complexity In determining the complexity of a feasibility study for purposes of subparagraph (A), the District Engineer shall consider, with respect to the project that is the subject of the feasibility study— (i) the type, size, location, scope, and overall projected cost of the project; (ii) whether the project will use any innovative design or construction techniques; (iii) whether the project will require significant action by other Federal, State, or local agencies; (iv) whether there is significant public dispute as to the nature or effects of the project; and (v) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (D) Extensions At the request of the relevant non-Federal interest, the District Engineer shall extend any deadline established under subparagraph (A).; and (3) by striking paragraph (4) and inserting the following: (4) Congressional and public notification For each fiscal year, the Secretary shall— (A) 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 annual report that includes— (i) a list of all detailed project schedules established under paragraph (2) in the fiscal year; (ii) a description of any such project schedule that is expected to result in the completion of a final feasibility report more than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to section 2033(f) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f)); (iii) a description of any feasibility study for which the maximum Federal cost is expected to exceed $5,000,000, based on the total cost estimate established under paragraph (2), including an explanation of such exceedance; and (iv) an explanation of any missed deadlines or extensions; and (B) make publicly available (including on a publicly available website) a copy of the annual report described in subparagraph (A) not later than 14 days after the date on which a report is submitted to Congress.. (c) Applicability (1) New studies The amendments made by this section shall apply to feasibility studies initiated on or after the date of enactment of this section. (2) Ongoing studies For any feasibility study initiated before the date of enactment of this section, but for which a final report of the Chief of Engineers has not been submitted to Congress pursuant to section 2033 of the Water Resources Development Act of 2007 (33 U.S.C. 2282a) on or before such date of enactment, the Secretary shall, upon request from the relevant non-Federal interest, apply the requirements of section 1001 of the Water Resources Reform and Development Act of 2014 (as amended by this section) and section 905(g) of the Water Resources Development Act of 1986 (as amended by this section) to the feasibility study. (d) Notification to Congress on terminated studies The Secretary shall provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on any feasibility study terminated or proposed to be terminated, including a summary of the reasons for such termination, and any proposed alternatives the non-Federal interest may pursue in lieu of a feasibility study.

•HR 9497 RHSEC. 108
Passed the House · Sec. 108

(a) Vertical integration and acceleration of studies Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) is amended— (1) by amending subsection (a) to read as follows: (a) In general In carrying out a feasibility study carried out by the Secretary pursuant to section 905(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2282), the Secretary shall— (1) complete the feasibility study as efficiently and expeditiously as practicable; (2) align the scope of the feasibility study with the goals of the non-Federal interest, to the extent practicable in accordance with the authorities of the Secretary and statutory requirements relating to water resources development projects; (3) carry out the feasibility study in a manner that ensures that personnel from the district, division, and headquarters levels of the Corps of Engineers concurrently conduct the review required under such section 905; and (4) include in the report submitted with respect to the study under section 2033(f)(2) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f)(2)) sufficient information for Congress to fully review the study, which may be in the form of details relating to any remaining project cost uncertainties as appropriate for the maturity of the project design.; (2) in subsection (d)(1), by striking the environmental review process under section 1005 and inserting any required environmental review; (3) by striking subsections (b), (c), (e), and (f); and (4) by redesignating subsection (d) as subsection (b). (b) Detailed project schedule Section 905(g) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(g)) is amended— (1) in paragraph (2), by striking, to the maximum extent practicable,; (2) by striking paragraph (3) and inserting the following: (3) Requirements (A) In general In carrying out paragraph (2), for each feasibility study, the relevant District Engineer shall establish deadlines for milestones, and a total cost estimate for the study, taking into consideration, to the maximum extent practicable— (i) the goals of the non-Federal interest; (ii) the statutory requirements and authorities of the Corps of Engineers; (iii) the complexity of the study; and (iv) any other factors identified by the District Engineer and the non-Federal interest. (B) Collaboration with non-Federal interest The District Engineer shall collaborate with the relevant non-Federal interest in establishing deadlines for milestones under subparagraph (A). (C) Complexity In determining the complexity of a feasibility study for purposes of subparagraph (A), the District Engineer shall consider, with respect to the project that is the subject of the feasibility study— (i) the type, size, location, scope, and overall projected cost of the project; (ii) whether the project will use any innovative design or construction techniques; (iii) whether the project will require significant action by other Federal, State, or local agencies; (iv) whether there is significant public dispute as to the nature or effects of the project; and (v) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (D) Extensions At the request of the relevant non-Federal interest, the District Engineer shall extend any deadline established under subparagraph (A).; and (3) by striking paragraph (4) and inserting the following: (4) Congressional and public notification For each fiscal year, the Secretary shall— (A) 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 annual report that includes— (i) a list of all detailed project schedules established under paragraph (2) in the fiscal year; (ii) a description of any such project schedule that is expected to result in the completion of a final feasibility report more than 4 years after the date on which the Secretary determines the Federal interest for purposes of the report pursuant to section 2033(f) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(f)); (iii) a description of any feasibility study for which the maximum Federal cost is expected to exceed $5,000,000, based on the total cost estimate established under paragraph (2), including an explanation of such exceedance; and (iv) an explanation of any missed deadlines or extensions; and (B) make publicly available (including on a publicly available website) a copy of the annual report described in subparagraph (A) not later than 14 days after the date on which a report is submitted to Congress.. (c) Applicability (1) New studies The amendments made by this section shall apply to feasibility studies initiated on or after the date of enactment of this section. (2) Ongoing studies For any feasibility study initiated before the date of enactment of this section, but for which a final report of the Chief of Engineers has not been submitted to Congress pursuant to section 2033 of the Water Resources Development Act of 2007 (33 U.S.C. 2282a) on or before such date of enactment, the Secretary shall, upon request from the relevant non-Federal interest, apply the requirements of section 1001 of the Water Resources Reform and Development Act of 2014 (as amended by this section) and section 905(g) of the Water Resources Development Act of 1986 (as amended by this section) to the feasibility study. (d) Notification to Congress on terminated studies The Secretary shall provide written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on any feasibility study terminated or proposed to be terminated, including a summary of the reasons for such termination, and any proposed alternatives the non-Federal interest may pursue in lieu of a feasibility study.

•HR 9497 EHSEC. 108

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