H.R. 1769: Recognizing the National Benefits of Flood Protection Act of 2013

113th Congress, 2013–2015. Text as of Apr 26, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 1769

IN THE HOUSE OF REPRESENTATIVES

April 26, 2013

introduced the following bill; which was referred to theCommittee on Transportation and Infrastructure

A BILL

To improve energy infrastructure resilience through federal water resource investments, and for other purposes.

1.

Short title

This Act may be cited as the Recognizing the National Benefits of Flood Protection Act of 2013 .

2.

Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects

(a)

Calculation of benefits and costs for flood damage reduction and hurricane and storm damage reduction projects

A feasibility study for a project for flood damage reduction or hurricane and storm damage reduction shall include, as part of the calculation of benefits and costs—

(1)

a calculation of the anticipated reduction in flood or hurricane damage to public and private property and infrastructure resulting from the completion of the proposed project;

(2)

a calculation of the anticipated direct and indirect economic benefits resulting from the completion of the proposed project, including such benefits from any potential reductions in national and regional economic volatility, disruptions, and losses; and

(3)

a calculation of the anticipated benefits to public safety, including protection of evacuation routes, resulting from the completion of the proposed project.

(b)

Applicability

This section shall apply to any feasibility study for a project for flood damage reduction or hurricane and storm damage reduction that has not been completed before the date of enactment of this Act.

3.

Flood damage reduction and hurricane and storm damage reduction project reviews

(a)

In general

The non-Federal interest for a project for flood damage reduction or hurricane and storm damage reduction may submit to theSecretarya request for a review under this section for the project if—

(1)

theSecretarydetermines that the project is not feasible;

(2)

theChief of Engineersissues an unfavorable report for the project; or

(3)

theSecretaryidentifies the feasibility study for the project as inactive.

(b)

Review panels

(1)

Establishment

TheSecretaryshall establish, for each division of theCorps of Engineers, a review panel to conduct reviews and make determinations under this section.

(2)

Membership

(A)

In general

TheSecretaryshall appoint to each review panel 5 members—

(i)

each of whom shall have relevant experience in flood damage reduction or hurricane and storm damage reduction in the geographic area represented by the division for which the review panel is established; and

(ii)

at least one of whom shall have education or experience in the field of economics.

(B)

Limitation

Not more than 2 members of each review panel may be employees (including uniformed members) or contractors of theCorps of Engineers.

(C)

Term

Each member shall be appointed to a review panel for a term of 4 years.

(3)

Deadline

TheSecretaryshall establish a review panel for a division not later than 60 days after the first request for a review under this section is submitted for a project within the division.

(4)

Duties

A review panel established under this section shall, with respect to each request for a review submitted to theSecretaryfor a project within the division for which the review panel is established—

(A)

conduct a review of—

(i)

the feasibility study for the project;

(ii)

the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by theSecretaryin the preparation of the feasibility study for the project;

(iii)

the public written and oral comments provided to theSecretaryfor the project; and

(iv)

any additional information submitted by the non-Federal interest as part of the request for a review; and

(B)

submit to theSecretarya final report containing—

(i)

an economic, engineering, and environmental analysis of the feasibility study for the project, including an assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by theSecretaryin the preparation of the feasibility study; and

(ii)

a determination of the feasibility of the project, taking into account calculations of costs and benefits described insection 2(a).

(c)

Effect of review panel determination

If a review panel determines that a project for which a request for a review has been submitted is feasible, theChief of Engineersshall issue a favorable report for the project.

(d)

Procedures

Not later than 60 days after the date of enactment of this Act, theSecretaryshall establish procedures for reviews under this section.

4.

Priority for feasibility studies

In carrying out feasibility studies for projects for flood damage reduction and hurricane and storm damage reduction each year, theSecretaryshall give priority to the completion of such studies for projects in areas that have experienced flooding or hurricane damage during the preceding 10 years.

5.

Report to Congress

Not later than 180 days after the date of enactment of this Act, theSecretaryshall submit to theCommittees on Homeland SecurityandTransportation and Infrastructure of the House of Representativesan analysis of the connection betweenCorps of Engineersprojects for flood damage reduction, hurricane and storm damage reduction, and navigation and the protection of energy infrastructure.

6.

Secretary defined

In this Act, the termSecretarymeans the Secretary of the Army, acting through the Chief of Engineers.

7.

Applicability

This Act shall not apply to any project primarily designed for the purposes of navigational improvements on the Nation's system of inland waterways.