I 
112TH CONGRESS 
2D SESSION 
H. R. 6450 
To facilitate and expedite the review of proposed improvements to Federal 
flood control projects to be constructed by local sponsors, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2012 
Mr. COSTELLO (for himself and Mr. SHIMKUS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To facilitate and expedite the review of proposed improve-
ments to Federal flood control projects to be constructed 
by local sponsors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Local Modifications 
to Federal Flood Control Projects Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) it is in the interest of the Federal Govern-
ment to permit local sponsors to investigate, plan, 
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design, fund, and construct improvements to Federal 
flood control projects in order to reduce the risk 
from flooding as quickly and efficiently as possible; 
and 
(2) the Secretary of the Army should take all 
necessary actions to facilitate and expedite the re-
view of proposed improvements to Federal flood con-
trol projects to be constructed by local sponsors. 
SEC. 3. FLOOD CONTROL PROJECTS. 
(a) TAKING POSSESSION OF, USE OF, OR INJURY TO 
HARBOR OR RIVER IMPROVEMENTS.—Section 14 of the 
Act of March 3, 1899 (33 U.S.C. 408) is amended to read 
as follows: 
‘‘SEC. 14. TAKING POSSESSION OF, USE OF, OR INJURY TO 
HARBOR OR RIVER IMPROVEMENTS. 
‘‘(a) PROHIBITION.—It shall not be lawful for any 
person or persons to take possession of or make use of 
for any purpose, or build upon, alter, deface, destroy, 
move, injure, obstruct by fastening vessels thereto or oth-
erwise, or in any manner whatever impair the usefulness 
of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, 
or other work built by the United States, or any piece of 
plant, floating or otherwise, used in the construction of 
such work under the control of the United States, in whole 
or in part, for the preservation and improvement of any 
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of its navigable waters or to prevent floods, or as boundary 
marks, tide gauges, surveying stations, buoys, or other es-
tablished marks, nor remove for ballast or other purposes 
any stone or other material composing such works. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) TEMPORARY OCCUPATION OR USE.—Sub-
ject to paragraph (3), the Secretary of the Army, on 
the recommendation of the Chief of Engineers, may 
grant permission for the temporary occupation or 
use of any of the aforementioned public works when 
in the Secretary’s judgment the occupation or use 
will not be injurious to the public interest. 
‘‘(2) PERMANENT
ALTERATION, OCCUPATION, 
OR USE.—Subject to paragraph (3), the Secretary, 
on the recommendation of the Chief of Engineers, 
may grant permission for the permanent alteration, 
occupation, or use of any of the aforementioned pub-
lic works when in the judgment of the Secretary the 
permanent alteration, occupation, or use will not be 
injurious to the public interest and will not impair 
the usefulness of the public work. 
‘‘(3) SPECIAL RULES FOR LOCAL SPONSORS OF 
FLOOD CONTROL PROJECTS.— 
‘‘(A) REVIEW OF IMPROVEMENTS.—In the 
case of an aforementioned public work that is 
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a flood control project, the Secretary shall grant 
permission to a local sponsor to construct an 
improvement to such flood control project in ac-
cordance with section 14a. 
‘‘(B) EXEMPTION
FOR
OPERATION
AND 
MAINTENANCE ACTIVITIES.—This section does 
not apply to operation and maintenance activi-
ties of a local sponsor with respect to a flood 
control project. 
‘‘(C) DEFINITIONS.—In this paragraph, 
the terms ‘construct’, ‘flood control project’, 
‘improvement’, ‘local sponsor’, and ‘operation 
and maintenance activities’ have the meanings 
given those terms in section 14a.’’. 
(b) IMPROVEMENTS TO FLOOD CONTROL PROJECTS 
PROPOSED BY LOCAL SPONSORS.—The Act of March 3, 
1899 (30 Stat. 1121) is amended by inserting after sec-
tion 14 the following: 
‘‘SEC. 14a. IMPROVEMENTS TO FLOOD CONTROL PROJECTS 
PROPOSED BY LOCAL SPONSORS. 
‘‘(a) AUTHORITY TO GRANT PERMISSION FOR IM-
PROVEMENTS.—The Secretary of the Army, on the rec-
ommendation of the Chief of Engineers, may grant per-
mission to a local sponsor to construct an improvement 
to a flood control project in accordance with this section. 
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‘‘(b) STANDARD OF REVIEW.— 
‘‘(1) IMPROVEMENTS NECESSARY TO PROVIDE 
QUALIFIED LEVEL OF PROTECTION.— 
‘‘(A) IN GENERAL.—For an improvement 
to a flood control project that is necessary for 
the project to provide a qualified level of protec-
tion, the Secretary shall grant permission under 
subsection (a) when in the judgment of the Sec-
retary the proposed improvement does not per-
manently reduce the existing level of protection. 
‘‘(B) QUALIFIED
LEVEL
OF
PROTEC-
TION.—As used in subparagraph (A), a quali-
fied level of protection is the lesser of— 
‘‘(i) the authorized level of protection; 
or 
‘‘(ii) the level of protection necessary 
to receive, maintain, or restore accredita-
tion pursuant to chapter I of the National 
Flood Insurance Act of 1968 (42 U.S.C. 
4011 et seq.). 
‘‘(2) IMPROVEMENTS
ALTERING
SCOPE
OF 
FLOOD CONTROL PROJECT.— 
‘‘(A) IN GENERAL.—For an improvement 
to a flood control project associated with per-
manently increasing the level of protection pro-
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vided by the project from the authorized level of 
protection or permanently realigning the flood 
control project to substantially increase or oth-
erwise significantly alter the geographic area 
protected by the flood control project, the Sec-
retary shall grant permission under subsection 
(a) when in the judgment of the Secretary the 
improvement— 
‘‘(i) does not adversely affect the ex-
isting level of protection; and 
‘‘(ii) does not transfer the hydraulic 
impact of the flood control project beyond 
the standards that the Chief of Engineers 
applies to flood control projects proposed 
for initial Federal authorization. 
‘‘(B) LIMITATION.—This paragraph shall 
not apply to an improvement that can be re-
viewed under paragraph (1). 
‘‘(c) CERTIFICATION BY REGISTERED PROFESSIONAL 
ENGINEER REQUIRED FOR ALL IMPROVEMENTS.—The 
Secretary may not grant permission under subsection (a) 
with respect to an improvement unless the improvement 
is constructed in accordance with plans and specifications 
prepared and certified by a registered professional engi-
neer. 
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graph (1) through consultation with the 
local sponsor. 
‘‘(ii) FURTHER
METHODS.—If, 60 
days after the local sponsor files an appeal 
under paragraph (1), the appeal is not re-
solved through consultation, the local spon-
sor may elect to continue the appeal proc-
ess through— 
‘‘(I) an administrative hearing; 
or 
‘‘(II) submission of technical and 
scientific data, including the data de-
scribed in subparagraph (A), to an 
independent scientific body in accord-
ance with subparagraph (C). 
‘‘(C) INDEPENDENT SCIENTIFIC BODY.— 
‘‘(i) MEMBERSHIP
OF
BODY.—Infor-
mation may be submitted to an inde-
pendent scientific body under subpara-
graph (B)(ii) only if the membership of the 
independent scientific body is mutually 
agreed upon by the Secretary and the local 
sponsor. 
‘‘(ii) DEADLINE
FOR
RECOMMENDA-
TION.—Not later than 90 days after the 
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date on which a local sponsor elects to sub-
mit data to an independent scientific body 
under subparagraph (B)(ii), the inde-
pendent scientific body shall make a rec-
ommendation to the Secretary with respect 
to an appeal by applying the applicable 
standard specified in subsection (b). 
‘‘(3) DEADLINES
FOR
FINAL
DETERMINA-
TIONS.— 
‘‘(A) CONSULTATION.—In the case of an 
appeal filed under paragraph (1) for which the 
local sponsor has not elected to continue the ap-
peal process through an administrative hearing 
or submission of data to an independent sci-
entific body, not later than 90 days after the 
date of receiving the appeal, or on a date mutu-
ally agreed upon by the Secretary and the local 
sponsor, the Secretary shall make a final deter-
mination with respect to the appeal. 
‘‘(B) ADMINISTRATIVE HEARING.—In the 
case of an appeal filed under paragraph (1) for 
which the local sponsor has elected to continue 
the appeal process through an administrative 
hearing under paragraph (3)(B)(ii), not later 
than 120 days after the date on which the local 
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sponsor makes such election, or on a date mu-
tually agreed upon by the Secretary and the 
local sponsor, the Secretary shall make a final 
determination with respect to the appeal. 
‘‘(C) SUBMISSION TO INDEPENDENT SCI-
ENTIFIC BODY.—In the case of an appeal filed 
under paragraph (1) for which the local sponsor 
has elected to continue the appeal process 
through submission of data to an independent 
scientific body under paragraph (3)(B)(ii), not 
later than 30 days after the date on which the 
independent scientific body makes a rec-
ommendation under paragraph (3)(C)(ii), or on 
a date mutually agreed upon by the Secretary 
and the local sponsor, the Secretary shall make 
a final determination with respect to the appeal. 
‘‘(4) REIMBURSEMENT
OF
EXPENSES.—If, in 
connection with an appeal under this subsection, a 
local sponsor incurs additional expenses for surveyor, 
engineering, or similar services, but not including 
legal services, and is successful in whole or in part, 
the Secretary shall reimburse the local sponsor for 
such expenses, subject to the availability of appro-
priations for that purpose. 
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‘‘(g) JUDICIAL APPEALS.—Not later than 180 days 
after the date of receiving a final determination by the 
Secretary with respect to an appeal filed under subsection 
(f), a local sponsor may appeal the determination to the 
United States district court for the district in which the 
flood control project that is the subject of the appeal is 
located. The scope of review by the court shall be as pro-
vided by chapter 7 of title 5, United States Code. 
‘‘(h) PROHIBITION ON FURTHER REVIEWS.— 
‘‘(1) IN
GENERAL.—With respect to a local 
sponsor seeking permission under subsection (a), the 
Secretary may not require any further review than 
is necessary under subsection (b) or require as a 
part of an application seeking such permission an 
additional review by any other person, governmental 
body, or agency unless otherwise required by State 
or Federal law. 
‘‘(2) NON-APPLICABILITY
OF
SAFETY
ASSUR-
ANCE
REVIEW.—With respect to a local sponsor 
seeking permission under subsection (a), the Sec-
retary may not require review under section 2035 of 
the Water Resources Development Act of 2007 (33 
U.S.C. 2344). 
‘‘(i) GUIDELINES.— 
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‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of enactment of this section, the Sec-
retary, after consultation with local sponsors that 
operate and maintain flood control projects, shall 
issue guidelines to facilitate and expedite the review 
of proposed improvements to flood control projects 
to be constructed by local sponsors. 
‘‘(2) CONTENTS.—The guidelines shall— 
‘‘(A) provide for delegation of the Sec-
retary’s authority to grant permission under 
this section to— 
‘‘(i) the District Commander, with re-
spect to an improvement subject to review 
under subsection (b)(1); and 
‘‘(ii) the Division Commander, with 
respect to an improvement subject to re-
view under subsection (b)(2); 
‘‘(B) include criteria for determining 
whether an improvement is subject to review 
under subsection (b)(1) or (b)(2); 
‘‘(C) allow a local sponsor to submit an ap-
plication under this section for a separable 
project element rather than an entire project, at 
the election of the local sponsor; 
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‘‘(D) include criteria for determining the 
stage of project design at which an application 
can be submitted under this section, and ensure 
that such stage provides a local sponsor with 
guidance as soon as practicable; 
‘‘(E) include a description of the required 
content of an application submitted under this 
section, including the data and analysis to be 
provided by the local sponsor as part of the ap-
plication; and 
‘‘(F) address such other matters as the 
Secretary, acting through the Chief of Engi-
neers and in consultation with local sponsors, 
considers necessary. 
‘‘(j) PREVIOUSLY APPROVED PROJECTS.—A local 
sponsor shall not be required to seek further permission 
under this section with respect to any improvement to a 
flood control project constructed by the local sponsor that 
has been approved pursuant to Federal law before the date 
of enactment of this section and for which construction 
commenced before such date of enactment. 
‘‘(k) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) AUTHORIZED
LEVEL
OF
PROTECTION.— 
The term ‘authorized level of protection’ means the 
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level of protection specified in the authorizing stat-
ute for a flood control project. 
‘‘(2) CONSTRUCT.—The term ‘construct’ means 
to undertake activities to provide for an improve-
ment to a flood control project, including construc-
tion, reconstruction, rehabilitation, restoration, and 
repair activities and activities associated with inves-
tigations, planning, and funding. 
‘‘(3) EXISTING LEVEL OF PROTECTION.—The 
term ‘existing level of protection’ means the level of 
protection provided by a flood control project, as de-
termined by a registered professional engineer se-
lected by the local sponsor, as of the date on which 
the local sponsor submits an application under sub-
section (d)(1). 
‘‘(4) FLOOD
CONTROL
PROJECT.—The term 
‘flood control project’ means a public work described 
in section 14(a) that is used for flood damage reduc-
tion. For the purposes of this section, the boundaries 
of a flood control project are the boundaries of the 
right-of-way for the applicable public work, as deter-
mined at the time the public work was built by the 
United States. 
‘‘(5) IMPROVEMENT.— 
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