II 

112TH CONGRESS 

1ST SESSION S. 573 

To establish a harbor maintenance block grant program to provide maximum 

flexibility to each State to carry out harbor maintenance and deepening 

projects in the State, to require transparency for water resources development projects carried out by the Corps of Engineers, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2011 

Mr. DEMINT (for himself and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To establish a harbor maintenance block grant program to 

provide maximum flexibility to each State to carry out 

harbor maintenance and deepening projects in the State, 

to require transparency for water resources development 

projects carried out by the Corps of Engineers, 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 ‘‘Corps of Engineers 

5 Reform Act of 2011’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—HARBOR MAINTENANCE REFORM 

Sec. 101. Purpose. 

Sec. 102. Definitions. 

Sec. 103. Funding. 

Sec. 104. Establishment of harbor maintenance block grant program. 

Sec. 105. Reports. 

Sec. 106. Lead agency. 

Sec. 107. Application and plan. 

Sec. 108. Effect on environmental laws. 

Sec. 109. Administration and enforcement. 

Sec. 110. Payments. 

Sec. 111. Audits. 

Sec. 112. Report by Secretary. 

Sec. 113. Allotments. 

Sec. 114. Amendments to Internal Revenue Code of 1986. 

TITLE II—WATER RESOURCES DEVELOPMENT 

Sec. 201. Definitions. 

Sec. 202. Corps transparency. 

Sec. 203. Water Resources Commission. 

Sec. 204. Funding. 

2 TITLE I—HARBOR 

3 MAINTENANCE REFORM 

4 SEC. 101. PURPOSE. 

5 The purpose of this title is to establish a harbor 

6 maintenance block grant program to provide the maximum 

7 flexibility to each State to carry out harbor maintenance 

8 and deepening projects in the State. 

9 SEC. 102. DEFINITIONS. 

10 Except as otherwise specifically provided, in this title: 

11 (1) HARBOR MAINTENANCE.—The term ‘‘har12 bor maintenance’’ means any project directly related 

13 to the operations and maintenance of a harbor, in14 cluding additional development of a harbor. 


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1 (2) LEAD AGENCY.—The term ‘‘lead agency’’ 

2 means the agency designated under section 106(a). 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Army, acting through the Chief 

5 of Engineers. 

6 (4) STATE.—The term ‘‘State’’ means— 

7 (A) a State; 

8 (B) the District of Columbia; 

9 (C) the Commonwealth of Puerto Rico; 

10 and 

11 (D) any other territory or possession of the 

12 United States. 

13 SEC. 103. FUNDING. 

14 The harbor maintenance block grant program estab15 lished under section 104 shall be funded from the State 

16 Harbor Maintenance Block Grant Account established 

17 under section 9505 of the Internal Revenue Code of 1986. 

18 SEC. 104. ESTABLISHMENT OF HARBOR MAINTENANCE 

19 BLOCK GRANT PROGRAM. 

20 The Secretary shall establish a program to make 

21 grants to States in accordance with this title to carry out 

22 harbor maintenance and deepening projects located in par23 ticipating States in accordance with the priorities deter24 mined by each participating State, including operations 


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1 and maintenance, investigations, site infrastructure im2 provements, and new construction projects at harbors. 

3 SEC. 105. REPORTS. 

4 (a) IN GENERAL.—To be eligible to receive and ex5 pend amounts for a fiscal year under this title, a State 

6 shall prepare and submit to the Secretary a report describ7 ing the activities that the State intends to carry out using 

8 amounts received under this title, including information 

9 on the types of activities to be carried out. 

10 (b) AVAILABILITY AND COMMENT.—A report under 

11 subsection (a) shall be made public within the State in 

12 such a manner as to facilitate comment by any person (in13 cluding any Federal or other public agency) during the 

14 development of the report and after the completion of the 

15 report. 

16 (c) REVISION.— 

17 (1) IN GENERAL.—The report shall be revised 

18 throughout the year as may be necessary to reflect 

19 substantial changes in the activities assisted using 

20 amounts provided under this title. 

21 (2) AVAILABILITY AND COMMENT.—Any revi22 sion in the report shall be subject to subsection (b). 

23 (d) NO ADDITIONAL REPORTS.—The Secretary may 

24 not impose any reporting requirements on States to carry 


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1 out this title that are in addition to the reports specifically 

2 required under this title. 

3 SEC. 106. LEAD AGENCY. 

4 (a) DESIGNATION.—The chief executive officer of a 

5 State that seeks to receive a grant under this title shall 

6 designate, in an application submitted to the Secretary 

7 under section 107, an appropriate State agency that com8 plies with subsection (b) to act as the lead agency for the 

9 State. 

10 (b) DUTIES.— 

11 (1) IN GENERAL.—The lead agency shall— 

12 (A) administer, directly or through other 

13 State agencies, the financial assistance received 

14 under this title by the State; 

15 (B) develop the State plan to be submitted 

16 to the Secretary under section 107(a)(2); 

17 (C) in conjunction with the development of 

18 the State plan, hold at least 1 hearing in the 

19 State to provide to the public an opportunity to 

20 comment on the State plan; and 

21 (D) coordinate the implementation of har22 bor maintenance projects under this title with 

23 applicable Federal, State, and local agencies. 

24 (2) DEVELOPMENT OF PLAN.—In the develop25 ment of the State plan described in paragraph 


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1 (1)(B), the lead agency shall consult with appro2 priate representatives of units of general purpose 

3 local government on issues relating to the State 

4 plan. 

5 SEC. 107. APPLICATION AND PLAN. 

6 (a) APPLICATION.—To be eligible to receive assist7 ance under this title, a State shall prepare and submit 

8 to the Secretary an application at such time, in such man9 ner, and containing such information as the Secretary 

10 shall by rule require, including— 

11 (1) an assurance that the State will comply 

12 with the requirements of this title; and 

13 (2) a State plan that meets the requirements of 

14 subsection (b). 

15 (b) REQUIREMENTS OF A PLAN.— 

16 (1) LEAD AGENCY.—The State plan shall iden17 tify the lead agency. 

18 (2) USE OF BLOCK GRANT FUNDS.—The State 

19 plan shall provide that the State shall use the 

20 amounts provided to the State for each fiscal year 

21 under this title to carry out harbor maintenance and 

22 deepening projects. 

23 (c) APPROVAL OF APPLICATION.—The Secretary 

24 shall approve an application that satisfies the require25 ments of this section. 


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1 SEC. 108. EFFECT ON ENVIRONMENTAL LAWS. 

2 Nothing in this title affects, alters, or modifies any 

3 provisions of applicable Federal environmental laws (in4 cluding regulations). 

5 SEC. 109. ADMINISTRATION AND ENFORCEMENT. 

6 (a) ADMINISTRATION.—The Secretary shall— 

7 (1) coordinate all activities of the Department 

8 of Defense relating to harbor maintenance activities, 

9 and, to the maximum extent practicable, coordinate 

10 the activities with similar activities of other Federal 

11 entities; and 

12 (2) provide technical assistance to assist States 

13 in carrying out this title, including assistance on a 

14 reimbursable basis. 

15 (b) ENFORCEMENT.— 

16 (1) REVIEW OF COMPLIANCE WITH STATE

17 PLAN.—The Secretary shall— 

18 (A) review and monitor State compliance 

19 with— 

20 (i) this title; and 

21 (ii) the plan approved under section 

22 107(c) for the State; and 

23 (B) have the power to terminate payments 

24 to the State in accordance with paragraph (2). 

25 (2) NONCOMPLIANCE.— 

26 (A) IN GENERAL.— 


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1 (i) APPLICATION.—This subparagraph 

2 applies if the Secretary, after reasonable 

3 notice to a State and opportunity for a 

4 hearing, finds that— 

5 (I) there has been a failure by 

6 the State to comply substantially with 

7 any provision or requirement set forth 

8 in the plan approved under section 

9 107(c) for the State in a manner that 

10 constitutes fraud or abuse; or 

11 (II) in the operation of any pro12 gram or activity for which assistance 

13 is provided under this title, there is a 

14 failure by the State to comply sub15 stantially with any provision of this 

16 title in a manner that constitutes 

17 fraud or abuse. 

18 (ii) NOTICE.—If the Secretary makes 

19 the finding described in subclause (I) or 

20 (II) of clause (i), the Secretary shall notify 

21 the State of the finding and that no fur22 ther payments will be made to the State 

23 under this title (or, in the case of non24 compliance in the operation of a program 

25 or activity, that no further payments to the 


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1 State will be made with respect to the pro2 gram or activity) until the Secretary is sat3 isfied that there is no longer any such fail4 ure to comply or that the noncompliance 

5 will be promptly corrected. 

6 (B) ADDITIONAL SANCTIONS.—In the case 

7 of a finding of noncompliance made pursuant to 

8 subparagraph (A), the Secretary may, in addi9 tion to imposing the sanctions described in sub10 paragraph (A), impose other appropriate sanc11 tions, including recoupment of funds improperly 

12 expended for purposes prohibited or not author13 ized by this title, and disqualification from the 

14 receipt of financial assistance under this title. 

15 (C) NOTICE.—The notice required under 

16 subparagraph (A) shall include specific identi17 fication of any additional sanction being im18 posed under subparagraph (B). 

19 (3) PROCEDURES.—The Secretary shall estab20 lish by regulation procedures for— 

21 (A) receiving, processing, and determining 

22 the validity of complaints concerning any failure 

23 of a State to comply with the State plan or any 

24 requirement of this title; and 

25 (B) imposing sanctions under this section. 


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1 SEC. 110. PAYMENTS. 

2 (a) IN GENERAL.— 

3 (1) PAYMENTS.—A State that has an applica4 tion approved by the Secretary under section 107(c) 

5 shall be entitled to a payment under this section for 

6 each fiscal year in an amount that is equal to the 

7 allotment of the State under section 113 for the fis8 cal year. 

9 (2) STATE ENTITLEMENT.—Subject to the 

10 availability of funds under section 103, this title— 

11 (A) constitutes budget authority in ad12 vance of appropriations Acts; and 

13 (B) represents the obligation of the Fed14 eral Government to provide for the payment to 

15 States of the amount described in paragraph 

16 (1). 

17 (b) METHOD OF PAYMENT.— 

18 (1) IN GENERAL.—Subject to paragraph (2), 

19 the Secretary may make payments to a State in in20 stallments, in advance, or by way of reimbursement, 

21 with necessary adjustments on account of overpay22 ments or underpayments, as the Secretary may de23 termine. 

24 (2) LIMITATION.—The Secretary may not make 

25 the payments in a manner that prevents the State 

26 from complying with section 107. 


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1 SEC. 111. AUDITS. 

2 (a) REQUIREMENT.—After the close of each program 

3 period covered by an application approved under section 

4 107(c), a State shall audit— 

5 (1) the expenditures of the State during the 

6 program period from amounts received under this 

7 title; and 

8 (2) the maintenance by the State of unexpended 

9 amounts received by the State under this title. 

10 (b) INDEPENDENT AUDITOR.—An audit under this 

11 section shall be conducted— 

12 (1) by an entity that is independent of any 

13 agency administering activities that receive assist14 ance under this title; and 

15 (2) in accordance with generally accepted audit16 ing principles. 

17 (c) SUBMISSION.—Not later than 30 days after the 

18 completion of an audit under this section, the State shall 

19 submit a copy of the audit to the legislature of the State 

20 and to the Secretary. 

21 (d) REPAYMENT OF AMOUNTS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), each State shall repay to the United 

24 States any amounts made available to the State 

25 under this title and determined through an audit 

26 under this section— 


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1 (A) to have been expended in a manner 

2 that constitutes fraud or abuse; or 

3 (B) to remain unexpended as a result of 

4 fraud or abuse. 

5 (2) OFFSET TO AMOUNTS.—As an alternative 

6 to requiring repayment of amounts under paragraph 

7 (1), the Secretary may offset the amounts required 

8 to be repaid against any other amounts to which the 

9 State is or may be entitled under this title. 

10 SEC. 112. REPORT BY SECRETARY. 

11 Not later than 60 days after the date of enactment 

12 of this Act, and annually thereafter, the Secretary shall 

13 submit to the appropriate committees of Congress a report 

14 that contains— 

15 (1) a summary and analysis of the data and in16 formation provided to the Secretary in the State au17 dits submitted under section 111; and 

18 (2) an assessment, and if appropriate, rec19 ommendations for Congress concerning efforts that 

20 should be undertaken to improve harbor mainte21 nance in the United States. 

22 SEC. 113. ALLOTMENTS. 

23 (a) IN GENERAL.—For each fiscal year, the Sec24 retary shall allot to each participating State an amount 

25 that is equal to the proportion that— 


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1 (1) the amounts collected in the State for de2 posit in the State Harbor Maintenance Block Grant 

3 Account for that fiscal year in accordance with sec4 tion 9505 of the Internal Revenue Code of 1986; 

5 bears to 

6 (2) the total amount of funds in the State Har7 bor Maintenance Block Grant Account in that fiscal 

8 year. 

9 (b) INSUFFICIENT FUNDS.—If the Secretary finds 

10 that the total amount of allotments to which States would 

11 otherwise be entitled for a fiscal year under subsection (a) 

12 will exceed the amount of funds available to provide the 

13 allotments for the fiscal year, the Secretary shall reduce 

14 the allotments made to States under this subsection, on 

15 a pro rata basis, to the extent necessary to allot under 

16 this subsection a total amount that is equal to the funds 

17 that will be made available. 

18 SEC. 114. AMENDMENTS TO INTERNAL REVENUE CODE OF 

19 1986. 

20 (a) IN GENERAL.—Subsection (c) of section 9505 of 

21 the Internal Revenue Code of 1986 is amended by striking 

22 ‘‘Amounts’’ and inserting ‘‘Except as provided in sub23 section (d), amounts’’. 


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1 (b) STATE BLOCK GRANTS.—Section 9505 of the In2 ternal Revenue Code of 1986 is amended by adding at the 

3 end the following new subsection: 

4 ‘‘(d) ESTABLISHMENT OF STATE BLOCK GRANT AC5 COUNT.— 

6 ‘‘(1) CREATION OF ACCOUNT.—There is estab7 lished in the Harbor Maintenance Trust Fund a sep8 arate account to be known as the ‘State Harbor 

9 Maintenance Block Grant Account’ consisting of 

10 such amounts as may be transferred or credited to 

11 the State Harbor Maintenance Block Grant Account 

12 as provided in this section or section 9602(b). 

13 ‘‘(2) TRANSFERS TO STATE HARBOR MAINTE14 NANCE BLOCK GRANT ACCOUNT.—The Secretary 

15 shall transfer to the State Harbor Maintenance 

16 Block Grant Account the electing State amount of 

17 the amounts appropriated to the Harbor Mainte18 nance Trust Fund under subsection (b). 

19 ‘‘(3) EXPENDITURES FROM ACCOUNT.—Except 

20 as provided in paragraph (4), amounts in the State 

21 Harbor Maintenance Block Grant Account shall be 

22 available for making expenditures to fund the harbor 

23 maintenance block grant program authorized by the 

24 Corps of Engineers Reform Act of 2011. The Sec25 retary shall, from time to time, transfer such 


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1 amounts to such accounts as are identified by the 

2 Secretary of the Army, acting through the Chief of 

3 Engineers, for the purpose of making such expendi4 tures. 

5 ‘‘(4) LIMITATIONS.— 

6 ‘‘(A) NON-ELECTING STATES.—Amounts 

7 in the State Harbor Maintenance Block Grant 

8 Account shall not be used for making any pay9 ment to a State, or for making expenditures 

10 within a State, unless such State is an electing 

11 State. 

12 ‘‘(B) RESERVATION OF ADMINISTRATIVE

13 COSTS.— 

14 ‘‘(i) IN GENERAL.—The expenditures 

15 under subsection (c)(3) shall be borne by 

16 the State Harbor Maintenance Block 

17 Grant Account and the General Account in 

18 proportion to the respective amounts of the 

19 revenues transferred under this section to 

20 the State Harbor Maintenance Block 

21 Grant Account and the General Account 

22 (after the application of paragraph (2)). 

23 ‘‘(ii) RESERVATION.—The amounts 

24 required to bear the State Harbor Mainte25 nance Block Grant Account’s share of the 


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1 expenditures under clause (i) shall be re2 served for such purpose and shall not be 

3 used to make any other expenditures. 

4 ‘‘(iii) GENERAL ACCOUNT.—For pur5 poses of this subparagraph, the term ‘Gen6 eral Account’ means the portion of the 

7 Harbor Maintenance Trust Fund which is 

8 not the State Harbor Maintenance Block 

9 Grant Account. 

10 ‘‘(5) DEFINITIONS.—For purposes of this sub11 section— 

12 ‘‘(A) ELECTING STATE AMOUNT.—The 

13 term ‘electing State amount’ means the portion 

14 of the amounts appropriated to the Harbor 

15 Maintenance Trust Fund under subsection (b) 

16 which is equivalent to the taxes received in the 

17 Treasury under section 4461 which are col18 lected from ports in electing States. 

19 ‘‘(B) ELECTING STATE.—The term ‘elect20 ing State’ means a State that has elected (by 

21 submission of the application required under 

22 section 107 of the Corps of Engineers Reform 

23 Act of 2011) to participate in the harbor main24 tenance block grant program authorized by the 

25 Corps of Engineers Reform Act of 2011. 


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1 ‘‘(6) COORDINATION WITH TRUST FUND EX2 PENDITURES.—Expenditures under paragraphs (1) 

3 and (2) of subsection (c) shall not be made to, or 

4 for projects located within, any State which is an 

5 electing State.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to amounts appropriated or trans8 ferred to the Harbor Maintenance Trust Fund under sec9 tion 9505 of the Internal Revenue Code of 1986 after the 

10 date of the enactment of this Act. 

11 TITLE II—WATER RESOURCES 

12 DEVELOPMENT 

13 SEC. 201. DEFINITIONS. 

14 In this title: 

15 (1) COMMISSION.—The term ‘‘Commission’’ 

16 means the Water Resources Commission established 

17 by section 203. 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Army, acting through the Chief 

20 of Engineers. 

21 SEC. 202. CORPS TRANSPARENCY. 

22 (a) ANNUAL PUBLICATION OF AUTHORIZED

23 PROJECTS.— 

24 (1) IN GENERAL.—The Secretary shall publish 

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1 sources project of the Corps of Engineers in the 

2 Federal Register and on a publically available 

3 website. 

4 (2) CONTENTS.—For each authorized water re5 sources project, the list described in paragraph (1) 

6 shall include— 

7 (A) the date on which the water resources 

8 project was authorized; and 

9 (B) the amount of Federal funds, if any, 

10 provided to the water resources project during 

11 the 5 years immediately preceding the date on 

12 which the list described in paragraph (1) is 

13 published. 

14 (3) REPORT TO CONGRESS.—The Secretary 

15 shall submit the list described in paragraph (1) to— 

16 (A) the Committees on Environment and 

17 Public Works and Appropriations of the Senate; 

18 and 

19 (B) the Committees on Transportation and 

20 Infrastructure and Appropriations of the House 

21 of Representatives. 

22 (b) PUBLICATION OF DEAUTHORIZED PROJECTS.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 date of the enactment of this Act, the Secretary 

25 shall publish a list describing each water resources 


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1 study or project of the Corps of Engineers that is 

2 no longer authorized. 

3 (2) CONTENTS.—For each water resources 

4 study or project described in paragraph (1), the list 

5 described in paragraph (1) shall include— 

6 (A) the date on which the water resources 

7 study or project was authorized; and 

8 (B) the amount of Federal funds, if any, 

9 provided to the water resources study or project 

10 for the 5 years immediately following the date 

11 on which that study or project was authorized. 

12 (3) REPORT TO CONGRESS.—The Secretary 

13 shall submit the list described in paragraph (1) to— 

14 (A) the Committees on Environment and 

15 Public Works and Appropriations of the Senate; 

16 and 

17 (B) the Committees on Transportation and 

18 Infrastructure and Appropriations of the House 

19 of Representatives. 

20 SEC. 203. WATER RESOURCES COMMISSION. 

21 (a) ESTABLISHMENT OF COMMISSION.— 

22 (1) ESTABLISHMENT.—There is established a 

23 commission, to be known as the ‘‘Water Resources 

24 Commission’’, to prioritize water resources projects 

25 in the United States. 


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1 (2) MEMBERSHIP.— 

2 (A) COMPOSITION.— 

3 (i) IN GENERAL.—The Commission 

4 shall be composed of 11 members, of 

5 whom— 

6 (I) 1 member shall be appointed 

7 by the President; 

8 (II) 1 member shall be appointed 

9 by the Speaker of the House of Rep10 resentatives; 

11 (III) 1 member shall be ap12 pointed by the majority leader of the 

13 Senate; and 

14 (IV) 8 members shall be ap15 pointed in accordance with clause (ii) 

16 by the Speaker of the House of Rep17 resentatives and the majority leader of 

18 the Senate, in consultation with the 

19 minority leader of the House of Rep20 resentatives and the minority leader of 

21 the Senate. 

22 (ii) RESTRICTIONS.— 

23 (I) IN GENERAL.—Subject to 

24 subclause (II), each of the 8 members 

25 appointed under clause (i)(IV) shall 


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1 represent 1 of the following Corps of 

2 Engineers geographical divisions: 

3 (aa) Great Lakes & Ohio 

4 River Division. 

5 (bb) Mississippi Valley Divi6 sion. 

7 (cc) North Atlantic Division. 

8 (dd) Northwestern Division. 

9 (ee) Pacific Ocean Division. 

10 (ff) South Atlantic Division. 

11 (gg) South Pacific Division. 

12 (hh) Southwestern Division. 

13 (II) GEOGRAPHICAL REPRESEN14 TATION.—Not more than 2 of the 

15 members appointed under clause 

16 (i)(IV) shall represent the same Corps 

17 of Engineers geographical division de18 scribed in subclause (I). 

19 (B) QUALIFICATIONS.— 

20 (i) IN GENERAL.—Subject to clause 

21 (ii), members shall be appointed to the 

22 Commission from among individuals who— 

23 (I)(aa) are knowledgeable in the 

24 fields of navigation, water infrastruc25 ture, or natural resources; or 


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1 (bb) are recognized as having ex2 pertise in project management or cost3 benefit analysis; and 

4 (II) while serving on the Com5 mission, do not hold any other posi6 tion as an officer or employee of the 

7 United States, except as a retired offi8 cer or retired civilian employee of the 

9 United States. 

10 (ii) REQUIREMENT.—At least 1 of the 

11 members under subparagraph (A) shall 

12 have knowledge of safety issues relating to 

13 water resources projects carried out by the 

14 Corps of Engineers. 

15 (C) DATE OF APPOINTMENTS.—The mem16 bers of the Commission shall be appointed 

17 under subparagraph (A) not later than 90 days 

18 after the date of enactment of this Act. 

19 (3) TERM; VACANCIES.— 

20 (A) TERM.—A member shall be appointed 

21 for the life of the Commission. 

22 (B) VACANCIES.—A vacancy in the Com23 mission— 

24 (i) shall not affect the powers of the 

25 Commission; and 


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1 (ii) shall be filled not later than 30 

2 days after the date on which the vacancy 

3 occurs, in the same manner as the original 

4 appointment was made. 

5 (4) INITIAL MEETING.—Not later than 30 days 

6 after the date on which all members of the Commis7 sion have been appointed, the Commission shall hold 

8 the initial meeting of the Commission. 

9 (5) MEETINGS.—The Commission shall meet at 

10 the call of— 

11 (A) the Chairperson; or 

12 (B) the majority of the members of the 

13 Commission. 

14 (6) QUORUM.—A majority of the members of 

15 the Commission shall constitute a quorum, but a 

16 lesser number of members may hold hearings. 

17 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

18 The Commission shall select a Chairperson and Vice 

19 Chairperson from among the members of the Com20 mission. 

21 (b) DUTIES OF COMMISSION.— 

22 (1) PRIORITIZATION OF WATER RESOURCES

23 PROJECTS.— 

24 (A) IN GENERAL.—In accordance with this 

25 section, the Commission shall make recVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S573.IS S573

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1 ommendations for the means by which to 

2 prioritize water resources projects of the Corps 

3 of Engineers and prioritize water resources 

4 projects of the Corps of Engineers that are not 

5 being carried out under a continuing authorities 

6 program. 

7 (B) REPORT.—Not later than 1 year after 

8 the date of enactment of this Act, the Commis9 sion shall submit to Congress a report con10 taining the recommendations and prioritization 

11 method required under this paragraph. 

12 (C) RECOMMENDATIONS.—The report shall 

13 include recommendations for— 

14 (i) a process of regularized 

15 prioritization assessments that ensures 

16 continuity in project prioritization rankings 

17 and the inclusion of newly authorized 

18 projects; 

19 (ii) a process to prioritize water re20 sources projects across project type; and 

21 (iii) a method of analysis, with respect 

22 to the prioritization process, of recreation 

23 and other ancillary benefits resulting from 

24 the construction of Corps of Engineers 

25 projects. 


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1 (D) PROJECT INCLUSIONS.—The report 

2 shall include, at a minimum, each water re3 sources project authorized for study or con4 struction on or before the date of enactment of 

5 this Act. 

6 (E) PRIORITIZATION REQUIREMENTS.— 

7 (i) IN GENERAL.—Each project de8 scribed in the report shall be categorized 

9 by project type and be classified into a tier 

10 system of descending priority, to be estab11 lished by the Commission, in a manner 

12 that reflects the extent to which the project 

13 achieves project prioritization criteria es14 tablished under subparagraph (F). 

15 (ii) MULTIPURPOSE PROJECTS.—Each 

16 multipurpose project described in the re17 port shall be classified— 

18 (I) by the project type that best 

19 represents the primary project pur20 pose, as determined by the Commis21 sion; and 

22 (II) into the tier system de23 scribed in clause (i) within that 

24 project type. 


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1 (iii) TIER SYSTEM REQUIREMENTS.— 

2 In establishing a tier system under clause 

3 (i), the Commission shall ensure that each 

4 tier— 

5 (I) is limited to total authorized 

6 project costs of $5,000,000,000; and 

7 (II) includes not more than 100 

8 projects. 

9 (iv) BALANCE.—The Commission 

10 shall seek, to the maximum extent prac11 ticable, a balance between the water re12 source needs of all States, regardless of the 

13 size or population of a State. 

14 (F) PROJECT PRIORITIZATION CRITERIA.— 

15 In preparing the report, the Commission shall 

16 prioritize each water resources project of the 

17 Corps of Engineers based on the extent to 

18 which the project meets at least the following 

19 criteria and such additional criteria as the Com20 mission may fully explain in the report: 

21 (i) For flood damage reduction 

22 projects, the extent to which such a 

23 project— 

24 (I) addresses critical flood dam25 age reduction needs of the United 


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1 States, including by reducing the risk 

2 of loss of life; 

3 (II) avoids increasing risks to 

4 human life or damages to property in 

5 the case of large flood events; and 

6 (III) avoids adverse environ7 mental impacts or produces environ8 mental benefits. 

9 (ii) For navigation projects, the extent 

10 to which such a project— 

11 (I) addresses priority navigation 

12 needs of the United States, including 

13 by having a high probability of pro14 ducing the economic benefits projected 

15 with respect to the project and reflect16 ing regional planning needs, as appli17 cable; and 

18 (II) avoids adverse environmental 

19 impacts. 

20 (iii) For environmental restoration 

21 projects, the extent to which such a project 

22 addresses priority environmental restora23 tion needs of the United States, including 

24 by restoring the natural hydrologic proc25 esses and spatial extent of an aquatic habiVerDate Mar 15 2010 01:58 Mar 15, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S573.IS S573

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•S 573 IS

1 tat, while being, to the maximum extent 

2 practicable, self-sustaining. 

3 (2) AVAILABILITY.—The report prepared under 

4 this subsection shall be— 

5 (A) published in the Federal Register; and 

6 (B) submitted to— 

7 (i) the Committees on Environment 

8 and Public Works and Appropriations of 

9 the Senate; and 

10 (ii) the Committees on Transportation 

11 and Infrastructure and Appropriations of 

12 the House of Representatives. 

13 (c) POWERS OF COMMISSION.— 

14 (1) HEARINGS.—The Commission shall hold 

15 such hearings, meet and act at such times and 

16 places, take such testimony, administer such oaths, 

17 and receive such evidence as the Commission con18 siders advisable to carry out this section. 

19 (2) INFORMATION FROM FEDERAL AGENCIES.— 

20 (A) IN GENERAL.—The Commission may 

21 secure directly from a Federal agency such in22 formation as the Commission considers nec23 essary to carry out this section. 

24 (B) PROVISION OF INFORMATION.—On re25 quest of the Chairperson of the Commission, 


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1 the head of the Federal agency shall provide the 

2 information to the Commission. 

3 (3) GIFTS.—The Commission may accept, use, 

4 and dispose of gifts or donations of services or prop5 erty. 

6 (4) POSTAL SERVICES.—The Commission may 

7 use the United States mails in the same manner and 

8 under the same conditions as other agencies of the 

9 Federal Government. 

10 (d) COMMISSION PERSONNEL MATTERS.— 

11 (1) COMPENSATION OF MEMBERS.—A member 

12 of the Commission shall serve without pay, but shall 

13 be allowed a per diem allowance for travel expenses, 

14 at rates authorized for an employee of an agency 

15 under subchapter I of chapter 57 of title 5, United 

16 States Code, while away from the home or regular 

17 place of business of the member in the performance 

18 of the duties of the Commission. 

19 (2) STAFF.— 

20 (A) IN GENERAL.—The Chairperson of the 

21 Commission may, without regard to the civil 

22 service laws, including regulations, appoint and 

23 terminate an executive director and such other 

24 additional personnel as are necessary to enable 


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1 the Commission to perform the duties of the 

2 Commission. 

3 (B) CONFIRMATION OF EXECUTIVE DIREC4 TOR.—The employment of an executive director 

5 shall be subject to confirmation by a majority 

6 of the members of the Commission. 

7 (C) COMPENSATION.— 

8 (i) IN GENERAL.—Except as provided 

9 in clause (ii), the Chairperson of the Com10 mission may fix the compensation of the 

11 executive director and other personnel 

12 without regard to the provisions of chapter 

13 51 and subchapter III of chapter 53 of 

14 title 5, United States Code, relating to 

15 classification of positions and General 

16 Schedule pay rates. 

17 (ii) MAXIMUM RATE OF PAY.—In no 

18 event shall any employee of the Commis19 sion (other than the executive director) re20 ceive as compensation an amount in excess 

21 of the maximum rate of pay for Executive 

22 Level IV under section 5315 of title 5, 

23 United States Code. 

24 (3) DETAIL OF FEDERAL GOVERNMENT EM25 PLOYEES.— 


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1 (A) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to the 

3 Commission without reimbursement. 

4 (B) CIVIL SERVICE STATUS.—The detail of 

5 a Federal employee shall be without interrup6 tion or loss of civil service status or privilege. 

7 (4) PROCUREMENT OF TEMPORARY AND INTER8 MITTENT SERVICES.—On request of the Commis9 sion, the Secretary, acting through the Chief of En10 gineers, shall provide, on a reimbursable basis, such 

11 office space, supplies, equipment, and other support 

12 services to the Commission and staff of the Commis13 sion as are necessary for the Commission to carry 

14 out the duties of the Commission under this section. 

15 (e) TERMINATION.—The Commission shall terminate 

16 on the date that is 90 days after the date on which the 

17 final report of the Commission is submitted under sub18 section (b). 

19 SEC. 204. FUNDING. 

20 (a) FUNDING.— 

21 (1) IN GENERAL.—In carrying out this title, the 

22 Commission shall use funds made available for the 

23 general operating expenses of the Corps of Engi24 neers. 


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1 (2) PRIORITY WATER RESOURCES PROJECTS.— 

2 In carrying out the water resources projects 

3 prioritized by the Commission under section 203(b), 

4 the Secretary shall use funds made available to the 

5 Corps of Engineers. 

6 (b) USE OF COMMISSION REPORT BY SECRETARY.— 

7 (1) IN GENERAL.—The Secretary shall use the 

8 priority recommendations described in the report 

9 under section 203(b) as a means of allocating 

10 amounts appropriated under subsection (a)(2). 

11 (2) EXCEPTION.—The Secretary may deviate 

12 from the priority recommendations in the report 

13 under section 203(b) by advancing the priority of a 

14 project only if the Secretary determines that— 

15 (A) the project is vital to the national in16 terest of the United States; and 

17 (B) failure to complete the project would 

18 cause significant harm and expense to the 

19 United States. 

20 (c) REPORTS.— 

21 (1) IN GENERAL.—For each fiscal year, the 

22 Secretary shall submit to the committees described 

23 in paragraph (2), and make available to the public 

24 on the Internet, a report that lists, for the year cov25 ered by the report— 


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1 (A) the water resources projects that re2 ceive funding and are carried out in accordance 

3 with section 203(b); and 

4 (B) the water resources projects that re5 ceive funding and are carried out on a project6 by-project basis through line items contained in 

7 appropriations Acts. 

8 (2) COMMITTEES.—The committees referred to 

9 in paragraph (1) are— 

10 (A) the Committees on Environment and 

11 Public Works and Appropriations of the Senate; 

12 and 

13 (B) the Committees on Transportation and 

14 Infrastructure and Appropriations of the House 

15 of Representatives. 

Æ 


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