I 

109TH CONGRESS 

1ST SESSION H. R. 1368 

To provide the Secretary of the Army with additional and enhanced authority 

with respect to water resources projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005 

Mr. BURGESS (for himself, Mr. POE, and Mr. MARCHANT) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To provide the Secretary of the Army with additional and 

enhanced authority with respect to water resources 

projects, 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 ‘‘Integrated Water Re5 sources Management Act of 2005’’. 
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1 SEC. 2. SUPPORT OF STATE, TRIBAL, INTERSTATE WATER 

2 RESOURCES ORGANIZATIONS, AND LOCAL 

3 GOVERNMENT. 

4 The Secretary of the Army shall include as a primary 

5 mission of the Army Corps of Engineers the provision of 

6 technical services and assistance to support planning, con7 servation, and responsible integrated management of 

8 water resources by State, tribal, interstate water resources 

9 organizations, and local governments. 

10 SEC. 3. TECHNICAL ASSISTANCE. 

11 Section 22 of Water Resources Development Act of 

12 1974 (42 U.S.C. 1962d–16) is amended— 

13 (1) in subsection (a) by striking ‘‘The Sec14 retary’’ and inserting the following: 

15 ‘‘(a) FEDERAL STATE COOPERATION.— 

16 ‘‘(1) COMPREHENSIVE PLANS.—The Sec17 retary’’; 

18 (2) by inserting after the last sentence in sub19 section (a) the following: 

20 ‘‘(2) TECHNICAL ASSISTANCE.— 

21 ‘‘(A) IN GENERAL.—At the request of a 

22 governmental agency or non-Federal interest, 

23 the Secretary may provide, at Federal expense, 

24 technical assistance to such agency or non-Fed25 eral interest in managing water resources. 
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1 ‘‘(B) TYPES OF ASSISTANCE.—Technical 

2 assistance under this paragraph may include 

3 provision and integration of hydrologic, eco4 nomic, and environmental data and analyses.’’. 

5 (3) in subsection (b)(1) by striking ‘‘this sec6 tion’’ each place it appears and inserting ‘‘subsection 

7 (a)(1)’’; 

(4) in subsection (b)(2) by striking ‘‘Up to 1 8 ⁄2

9 of the’’ and inserting ‘‘The’’; 

10 (5) in subsection (c)— 

11 (A) by striking ‘‘(c) There is’’ and insert12 ing the following: 

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(1) FEDERAL AND STATE COOPERATION.— 

15 There is’’; 

16 (B) by striking ‘‘ except that not more 

17 than $500,000 shall be expended in any one 

18 year in any one State’’; 

19 (C) by striking ‘‘the provisions of this sec20 tion’’ and inserting ‘‘subsection (a)(1);’’; and 

21 (D) by inserting at the end the following: 

22 ‘‘(2) TECHNICAL ASSISTANCE.—There is au23 thorized to be appropriated $10,000,000 annually to 

24 carry out subsection (a)(2), of which not more than 

25 $2,000,000 annually may be used by the Secretary 
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1 to enter into cooperative agreements with nonprofit 

2 organizations and State agencies to provide assist3 ance to rural and small communities.’’; and 

4 (6) by adding at the end the following: 

5 ‘‘(e) ANNUAL SUBMISSION.—The Secretary shall pro6 vide a listing of the individual activities proposed for fund7 ing under subsection (a)(1), based on performance criteria 

8 developed by the Secretary.’’. 

9 SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS. 

10 (a) IN GENERAL.—Section 729 of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2267a; 114 

12 Stat. 2587–2588; 100 Stat. 4164) is amended— 

13 (1) by striking paragraph (1) of subsection (f) 

14 and inserting the following: 

15 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal 

16 share of the costs of an assessment carried out 

17 under this section on or after December 11, 2000, 

18 shall be 25 percent.’’; and 

19 (2) by striking subsection (g). 

20 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

21 Secretary of the Army shall revise the partnership agree22 ment for any assessment being carried out under section 

23 729 of the Water Resources Development Act of 1986 to 

24 take into account the change in non-Federal participation 
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1 in the assessment as a result of the amendments made 

2 by subsection (a). 

3 SEC. 5. CREDIT FOR MATERIALS AND IN-KIND SERVICES. 

4 (a) IN GENERAL.—The Secretary of the Army is au5 thorized to allow a non-Federal interest credit toward its 

6 share of the costs of any authorized water resources devel7 opment project or study for the cost of materials and in8 kind services, including planning (including data collec9 tion), design, management, and construction services, pro10 vided by the non-Federal interest for implementation of 

11 the project or study. The credit shall include the cost of 

12 materials and services provided prior to signing a partner13 ship or feasibility cost sharing agreement for the project 

14 or study, including efforts on constructed elements incor15 porated into the project, and materials and services pro16 vided after the partnership or feasibility cost sharing 

17 agreement, subject to the limitations in subsection (b). 

18 (b) LIMITATIONS.—Credit authorized under sub19 section (a)— 

20 (1) shall not exceed the non-Federal share of 

21 project costs; 

22 (2) shall not alter any other requirements that 

23 require a non-Federal interest to provide lands, ease24 ments, rights-of-way, and dredged material disposal 

25 areas for the project; 
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1 (3) shall not exceed the actual and reasonable 

2 costs of the materials or in-kind services provided by 

3 the non-Federal interest, as determined by the Sec4 retary; and 

5 (4) shall be allowed unless the Secretary has 

6 determined that such materials or services, including 

7 activities on previously constructed elements, are not 

8 compatible with and necessary for the project. 

9 SEC. 6. IMPROVING WATER MANAGEMENT AT CORPS OF 

10 ENGINEERS RESERVOIRS. 

11 (a) MEASURES TO IMPROVE WATER MANAGEMENT

12 AT CORPS OF ENGINEERS RESERVOIRS.—In addition to 

13 ongoing efforts to assess and address the water resources 

14 needs of the Nation, the Secretary of the Army shall un15 dertake, as part of the operation and maintenance of all 

16 Corps of Engineers reservoirs, measures to more effec17 tively and efficiently meet the current water resources 

18 needs of the areas impacted by the reservoirs. Such meas19 ures shall be undertaken in cooperation and coordination 

20 with State, tribal, and local governments and their ongo21 ing initiatives and may include the following: 

22 (1) reallocation of storage at such reservoirs; 

23 (2) review of operational plans and implementa24 tion of changes to improve performance of such res25 ervoirs in meeting current needs and priorities; 
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1 (3) improvements to data collection systems 

2 and forecast models that enhance operational per3 formance of such reservoirs; and 

4 (4) sediment studies and implementation of 

5 sediment management or removal measures that im6 prove project operations. 

7 (b) COSTS OF WATER SUPPLY STORAGE.—Storage 

8 charges for future contracts and contract renewals for 

9 water supply storage at existing Corps of Engineers res10 ervoirs shall not exceed the net change in receipts or out11 lays, or both to the Treasury due to the reallocation of 

12 storage at such reservoirs. 

13 SEC. 7. ACCESS TO WATER RESOURCES DATA. 

14 (a) GENERAL.—The Secretary of the Army shall un15 dertake a program to provide public access to water re16 sources and related water quality data currently within the 

17 custody of the Corps of Engineers. 

18 (b) DATA.—The date to which subsection (a) applies 

19 shall include, but not be limited to, data generated in 

20 water resources project development and regulation under 

21 section 404 of the Federal Water Pollution Act (33 U.S.C. 

22 1344), and the Secretary, in providing access to data 

23 under subsection (a), shall employ appropriately geo24 graphic information system technology and linkages to 

25 water resources models and analytical techniques. 
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1 (c) PARTNERSHIPS.—To the maximum extent pos2 sible, the Secretary shall integrate State, tribal, and local 

3 governments into activities that carry out this section. 

4 (d) APPROPRIATIONS.—There is authorized to be ap5 propriated $5,000,000 per fiscal year to carry out this sec6 tion. 

7 SEC. 8. WRITTEN AGREEMENT FOR WATER RESOURCES 

8 PROJECTS. 

9 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

10 the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘under the provisions’’ and 

14 all that follows through ‘‘under any other’’ and 

15 inserting ‘‘under any’’; 

16 (B) by inserting ‘‘partnership’’ after ‘‘writ17 ten’’; 

18 (C) by striking ‘‘Secretary of the Army to 

19 furnish its required cooperation for’’ and insert20 ing ‘‘district engineer for the district of the 

21 Corps of Engineers in which the project will be 

22 carried out under which each party agrees to 

23 carry out its responsibilities and requirements 

24 for implementation or construction of’’; 
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1 (D) by striking ‘‘if the Secretary’’ and in2 serting ‘‘if the Secretary of the Army’’; and 

3 (E) by inserting after ‘‘$25,000.’’ the fol4 lowing: ‘‘Such agreement may include a provi5 sion for liquidated damages in the event of a 

6 failure of one or more parties to perform.’’; 

7 (2) by redesignating subsection (e) as sub8 section (f); and 

9 (3) by inserting after subsection (d) the fol10 lowing: 

11 ‘‘(e) LIMITATION.—Nothing in subsection (a) shall be 

12 construed as limiting the authority of the Secretary to en13 sure that a partnership agreement meets all requirements 

14 of law and policies of the Secretary in effect on the date 

15 of entry into the partnership agreement.’’. 

16 (b) LOCAL COOPERATION.—Section 912(b) of the 

17 Water Resources Development Act of 1986 (42 U.S.C. 

18 1962d–5b; 101 Stat. 4190) is amended— 

19 (1) in paragraph (2)— 

20 (A) by striking ‘‘shall’’ the first place it 

21 appears and inserting ‘‘may’’; and 

22 (B) by striking the last sentence; and 

23 (2) in paragraph (4)— 

24 (A) by inserting after ‘‘injunction, for’’ the 

25 following: ‘‘payment of liquidated damages 
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1 under a partnership agreement entered into by 

2 a district engineer of the Corps of Engineers or, 

3 for’’; 

4 (B) by striking ‘‘to collect a civil penalty 

5 imposed under this section,’’; and 

6 (C) by striking ‘‘any civil penalty imposed 

7 under this section,’’ and inserting ‘‘any liq8 uidated damages,’’. 

9 (c) APPLICABILITY.—The amendments made by sub10 sections (a) and (b) only apply to partnership agreements 

11 entered into after the date of enactment of this Act; except 

12 that at the request of a non-Federal interest for a project 

13 the district engineer for the district of the Corps of Engi14 neers in which the project is located may amend a project 

15 partnership agreement entered into on or before such date 

16 and under which construction on the project has not been 

17 initiated as of such date of enactment for the purpose of 

18 incorporating such amendments. 

19 (d) REFERENCES.— 

20 (1) TO COOPERATION AGREEMENTS.—Any ref21 erence in a law, regulation, document, or other 

22 paper of the United States to a cooperation agree23 ment or project cooperation agreement shall be 

24 treated to be a reference to a partnership agreement 

25 or a project partnership agreement, respectively. 
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1 (2) TO PARTNERSHIP AGREEMENTS.—Any ref2 erence to a partnership agreement or project part3 nership agreement in this Act (other than this sec4 tion) shall be treated as a reference to a cooperation 

5 agreement or a project cooperation agreement, re6 spectively. 

7 SEC. 9. ENVIRONMENTAL INFRASTRUCTURE. 

8 Section 219 of the Water Resources Development Act 

9 of 1992 (106 Stat. 4835–4836; 110 Stat. 3957; 113 Stat. 

10 334) is amended— 

11 (1) in subsection (b)— 

12 (A) by striking ‘‘(b) NON-FEDERAL

13 SHARE.—The’’ and inserting the following: 

14 ‘‘(b) NON-FEDERAL SHARE.— 

15 ‘‘(1) IN GENERAL.—The’’; and 

16 (B) by inserting after paragraph (1) (as so 

17 designated by subparagraph (A)) the following: 

18 ‘‘(2) IN-KIND CREDITS.—The non-Federal 

19 share may be provided in the form of materials and 

20 in-kind services, including design, construction, and 

21 management services, that the Secretary has deter22 mined are compatible with and necessary for the 

23 project.’’. 

24 (2) in subsection (e)— 
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1 (A) by striking ‘‘and’’ at the end of para2 graph (7); 

3 (B) by striking the period at the end of 

4 paragraph (8) and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(9) $40,000,000 for the project described in 

7 subsection (c)(18).’’. 

8 SEC. 10. TEXAS ENVIRONMENTAL INFRASTRUCTURE PRO9 GRAM. 

10 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

11 of the Army shall establish a program to provide environ12 mental assistance to non-Federal interests in the State of 

13 Texas. 

14 (b) FORM OF ASSISTANCE.—Assistance under this 

15 section may be in the form of planning, design, and con16 struction assistance for water-related environmental infra17 structure and resource protection and development 

18 projects in the State of Texas, including projects for water 

19 supply, storage, treatment and related facilities, water 

20 quality protection, wastewater treatment and related fa21 cilities, environmental restoration, and surface water re22 source protection and development as identified by the 

23 Texas Water Development Board. 
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1 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec2 retary may provide assistance for a project under this sec3 tion only if the project is publicly owned. 

4 (d) PARTNERSHIP AGREEMENTS.—Before providing 

5 assistance under this section, the Secretary shall enter 

6 into a partnership agreement with a non-Federal interest. 

7 (e) COST SHARING.— 

8 (1) IN GENERAL.—The Federal share of project 

9 costs under each agreement entered into under this 

10 section shall be 75 percent. The Federal share may 

11 be in the form of grants or reimbursements of 

12 project costs. 

13 (2) IN-KIND SERVICES.—The non-Federal share 

14 may be provided in the form of materials and in15 kind services, including planning, design, construc16 tion, and management services, that the Secretary 

17 has determined are compatible with and necessary 

18 for the project. 

19 (3) CREDIT FOR DESIGN WORK.—The non-Fed20 eral interest shall receive credit for the reasonable 

21 costs of planning, design, construction work com22 pleted by the non-Federal interest before entering 

23 into a partnership agreement with the Secretary. 

24 (4) LANDS, EASEMENTS, RIGHTS-OF-WAY AND

25 RELOCATIONS.—The non-Federal interest shall re-
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1 ceive credit for lands, easements, rights-of-way, and 

2 relocations provided by the non-Federal interest to3 ward the non-Federal share of project costs. 

4 (5) OPERATION AND MAINTENANCE.—The non5 Federal share of operation and maintenance costs 

6 for projects constructed under an agreement entered 

7 into under this section shall be 100 percent. 

8 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

9 LAWS.—Nothing in this section shall be construed as 

10 waiving, limiting, or otherwise affecting the applicability 

11 of any provision of Federal or State law that would other12 wise apply to a project to be carried out with assistance 

13 provided under this section. 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $40,000,000. 

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