I 

113TH CONGRESS 

1ST SESSION H. R. 1769 

To improve energy infrastructure resilience through federal water resource 

investments, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. RICHMOND introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To improve energy infrastructure resilience through federal 

water resource investments, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recognizing the Na5 tional Benefits of Flood Protection Act of 2013’’. 


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1 SEC. 2. CALCULATION OF BENEFITS AND COSTS FOR 

2 FLOOD DAMAGE REDUCTION AND HURRI3 CANE AND STORM DAMAGE REDUCTION 

4 PROJECTS. 

5 (a) CALCULATION OF BENEFITS AND COSTS FOR

6 FLOOD DAMAGE REDUCTION AND HURRICANE AND

7 STORM DAMAGE REDUCTION PROJECTS.—A feasibility 

8 study for a project for flood damage reduction or hurri9 cane and storm damage reduction shall include, as part 

10 of the calculation of benefits and costs— 

11 (1) a calculation of the anticipated reduction in 

12 flood or hurricane damage to public and private 

13 property and infrastructure resulting from the com14 pletion of the proposed project; 

15 (2) a calculation of the anticipated direct and 

16 indirect economic benefits resulting from the comple17 tion of the proposed project, including such benefits 

18 from any potential reductions in national and re19 gional economic volatility, disruptions, and losses; 

20 and 

21 (3) a calculation of the anticipated benefits to 

22 public safety, including protection of evacuation 

23 routes, resulting from the completion of the pro24 posed project. 

25 (b) APPLICABILITY.—This section shall apply to any 

26 feasibility study for a project for flood damage reduction 


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1 or hurricane and storm damage reduction that has not 

2 been completed before the date of enactment of this Act. 

3 SEC. 3. FLOOD DAMAGE REDUCTION AND HURRICANE AND 

4 STORM DAMAGE REDUCTION PROJECT RE5 VIEWS. 

6 (a) IN GENERAL.—The non-Federal interest for a 

7 project for flood damage reduction or hurricane and storm 

8 damage reduction may submit to the Secretary a request 

9 for a review under this section for the project if— 

10 (1) the Secretary determines that the project is 

11 not feasible; 

12 (2) the Chief of Engineers issues an unfavor13 able report for the project; or 

14 (3) the Secretary identifies the feasibility study 

15 for the project as inactive. 

16 (b) REVIEW PANELS.— 

17 (1) ESTABLISHMENT.—The Secretary shall es18 tablish, for each division of the Corps of Engineers, 

19 a review panel to conduct reviews and make deter20 minations under this section. 

21 (2) MEMBERSHIP.— 

22 (A) IN GENERAL.—The Secretary shall ap23 point to each review panel 5 members— 

24 (i) each of whom shall have relevant 

25 experience in flood damage reduction or 


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1 hurricane and storm damage reduction in 

2 the geographic area represented by the di3 vision for which the review panel is estab4 lished; and 

5 (ii) at least one of whom shall have 

6 education or experience in the field of eco7 nomics. 

8 (B) LIMITATION.—Not more than 2 mem9 bers of each review panel may be employees (in10 cluding uniformed members) or contractors of 

11 the Corps of Engineers. 

12 (C) TERM.—Each member shall be ap13 pointed to a review panel for a term of 4 years. 

14 (3) DEADLINE.—The Secretary shall establish a 

15 review panel for a division not later than 60 days 

16 after the first request for a review under this section 

17 is submitted for a project within the division. 

18 (4) DUTIES.—A review panel established under 

19 this section shall, with respect to each request for a 

20 review submitted to the Secretary for a project with21 in the division for which the review panel is estab22 lished— 

23 (A) conduct a review of— 

24 (i) the feasibility study for the project; 


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1 (ii) the adequacy and acceptability of 

2 the economic, engineering, and environ3 mental methods, models, and analyses used 

4 by the Secretary in the preparation of the 

5 feasibility study for the project; 

6 (iii) the public written and oral com7 ments provided to the Secretary for the 

8 project; and 

9 (iv) any additional information sub10 mitted by the non-Federal interest as part 

11 of the request for a review; and 

12 (B) submit to the Secretary a final report 

13 containing— 

14 (i) an economic, engineering, and en15 vironmental analysis of the feasibility 

16 study for the project, including an assess17 ment of the adequacy and acceptability of 

18 the economic, engineering, and environ19 mental methods, models, and analyses used 

20 by the Secretary in the preparation of the 

21 feasibility study; and 

22 (ii) a determination of the feasibility 

23 of the project, taking into account calcula24 tions of costs and benefits described in sec25 tion 2(a). 


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1 (c) EFFECT OF REVIEW PANEL DETERMINATION.— 

2 If a review panel determines that a project for which a 

3 request for a review has been submitted is feasible, the 

4 Chief of Engineers shall issue a favorable report for the 

5 project. 

6 (d) PROCEDURES.—Not later than 60 days after the 

7 date of enactment of this Act, the Secretary shall establish 

8 procedures for reviews under this section. 

9 SEC. 4. PRIORITY FOR FEASIBILITY STUDIES. 

10 In carrying out feasibility studies for projects for 

11 flood damage reduction and hurricane and storm damage 

12 reduction each year, the Secretary shall give priority to 

13 the completion of such studies for projects in areas that 

14 have experienced flooding or hurricane damage during the 

15 preceding 10 years. 

16 SEC. 5. REPORT TO CONGRESS. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Secretary shall submit to the Committees 

19 on Homeland Security and Transportation and Infrastruc20 ture of the House of Representatives an analysis of the 

21 connection between Corps of Engineers projects for flood 

22 damage reduction, hurricane and storm damage reduction, 

23 and navigation and the protection of energy infrastruc24 ture. 


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1 SEC. 6. SECRETARY DEFINED. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army, acting through the Chief of Engineers. 

4 SEC. 7. APPLICABILITY. 

5 This Act shall not apply to any project primarily de6 signed for the purposes of navigational improvements on 

7 the Nation’s system of inland waterways. 

Æ 


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