Amendment adds language which provides for expediting the completion of any on-going feasibility study for a project initiated prior to enactment and clarifies that the Corps of Engineers is authorized to move to preconstruction planning, engineering, and design activities immediately after completing a feasibility study; amends Section 107 to add a savings clause to ensure work carried out under an existing statute related to navigation that is repealed in H.R. 3080 can continue if initiated prior to enactment; adds language providing non-Federal interests the ability to carry out work at their own expense for a project where a final feasibility report has been completed but has not received authorization from Congress; requires the non-Federal interest to carry out work subject to any State or Federal permitting requirements and to carry out the project in accordance with the final feasibility report; amends Section 120 to request the Corps of Engineers to review the uses and economic feasibility of non-structural alternatives in their review of existing authorities for carrying out work after a storm event; amends Section 102 to add natural gas companies to the entities eligible to contribute funds to Corps of Engineers to expedite the processing of permits within the regulatory program of the Corps of Engineers. and makes other technical and conforming changes to the bill.

1. 1

   Change 1: Inserts “or natural gas company” after “company”

   InsertsPage 6, line 14Printed page

   …company[inserted: or natural gas company]…

   Original wording

   Page 6, line 14, after “company” insert “or natural gas company”.

2. 2

   Change 2: Adds SEC. __. EXPEDITED COMPLETION OF REPORTS on page 33, line 20

   Adds a sectionPrinted page

   Inserted: SEC. __. EXPEDITED COMPLETION OF REPORTS.

   Inserted: The Secretary shall--

   Inserted: (1) expedite the completion of any on-going feasibility study for a project initiated before the date of enactment of this Act; and

   Inserted: (2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with section 910 of the Water Resources Development Act of 1986 (100 Stat. 4189).

   Original wording

   Page 33, after line 20, insert the following:

3. 3

   Change 3: Inserts new text on page 42, line 23

   InsertsPrinted page

   Inserted: (g) Saving Provision.--Nothing in this section may be construed to affect any agreement entered into under section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)) before the date of enactment of this Act.

   Original wording

   Page 42, after line 23, add the following:

4. 4

   Change 4: Adds SEC. __. CONTRIBUTIONS BY NON-FEDERAL INTERESTS PRIOR TO AUTHORIZATION OF FINAL FEASIBILITY REPORTS on page 46, line 23

   Adds a sectionPrinted page

   Inserted: SEC. __. CONTRIBUTIONS BY NON-FEDERAL INTERESTS PRIOR TO AUTHORIZATION OF FINAL FEASIBILITY REPORTS.

   Inserted: (a) In General.--Subject to subsection (b), a non-Federal interest may carry out a project for which--

   Inserted: (1) a final feasibility report has been completed; and

   Inserted: (2) authority for the Secretary to carry out such project has not specifically been authorized by Congress.

   Inserted: (b) Conditions.--The non-Federal interest--

   Inserted: (1) shall, before carrying out the project, obtain any permit, approval, or authorization required pursuant to Federal or State law; and

   Inserted: (2) shall carry out the project in accordance with the plan, and subject to the conditions, described in the final feasibility report.

   Inserted: (c) Credit, Reimbursement, and Future Maintenance.--

   Inserted: (1) Eligibility for credit or reimbursement.--Subject to paragraph (4), and in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal interest may be eligible for credit or reimbursement for the Federal share of any work carried out by the non-Federal interest under this section.

   Inserted: (2) Eligibility for maintenance of navigation projects.--Subject to paragraph (4), and in accordance with section 211(h) of the Water Resources Development of Act of 1996 (33 U.S.C. 701b-13(h), whenever a non-Federal interest constructs improvements to a harbor or inland harbor under this section, the Secretary shall be responsible for maintenance of such harbor.

   Inserted: (3) Limitation.--Any activities carried out under this section are authorized only to the extent specifically provided for in subsequent appropriations Acts.

   Inserted: (4) Implementation.--Paragraphs (1), (2), and (3) shall not apply unless--

   Show 3 more inserted paragraphsShow less

   Inserted: (A) all laws and regulations that would apply to the Secretary if the Secretary were carrying out the project were applied by the non-Federal interest during construction of the project; and

   Inserted: (B) the project is subsequently specifically authorized by Congress.

   Inserted: (5) In-kind contributions.--Absent a specific subsequent authorization by Congress, the non-Federal interest shall not be reimbursed or receive credit for in-kind contributions.

   Original wording

   Page 46, after line 23, insert the following:

5. 5

   Change 5: Inserts new text on page 75, line 12

   InsertsPrinted page

   Inserted: (3) review and evaluate the historic and potential uses, and economic feasibility for the life of the project, of nonstructural alternatives, including natural features such as dunes, coastal wetlands, floodplains, marshes, and mangroves, to reduce the damage caused by floods, storm surges, winds, and other aspects of extreme weather events, and to increase the resiliency and long-term cost-effectiveness of water resources development projects;

   Original wording

   Page 75, after line 12, insert the following:

6. 6

   Change 6: Replaces “section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a))” with “section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013)”

   ReplacesPage 128, line 13Printed page

   In H.R. 3080 · Reported in House

   (a) Olmsted Project Reform.--

   (1) In general.--Notwithstanding section [struck: 102][inserted: 3](a)[inserted: (6)] of the Water Resources Development Act of [struck: 1986][inserted: 1988] ([struck: 33 U.S.C][inserted: 102 Stat]. [struck: 2212(a][inserted: 4013])[struck: )], for each fiscal year beginning after the date of enactment of this Act, 25 percent of the cost of construction for the Olmsted Project shall be paid from amounts appropriated from the Inland Waterways Trust Fund.

   (2) Definition.--In this subsection the term "Olmsted Project" means the project for navigation, Lower Ohio River, Locks 52 and 53, Illinois and Kentucky, authorized by section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013).

   Original wording

   Page 128, beginning on line 13, strike “section 102(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2212(a))” and insert “section 3(a)(6) of the Water Resources Development Act of 1988 (102 Stat. 4013)”.

7. 7

   Change 7: Strikes page 163, lines 1–8

   StrikesPrinted page

   Removes page 163, lines 1–8 of the printed bill. See that page

   Original wording

   Page 163, strike lines 1 through 8.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed