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. 
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 ‘‘Recognizing the Na-
tional Benefits of Flood Protection Act of 2013’’. 
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SEC. 2. CALCULATION OF BENEFITS AND COSTS FOR 
FLOOD DAMAGE REDUCTION AND HURRI-
CANE 
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 hurri-
cane 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 com-
pletion of the proposed project; 
(2) a calculation of the anticipated direct and 
indirect economic benefits resulting from the comple-
tion of the proposed project, including such benefits 
from any potential reductions in national and re-
gional 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 pro-
posed project. 
(b) APPLICABILITY.—This section shall apply to any 
feasibility study for a project for flood damage reduction 
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or hurricane and storm damage reduction that has not 
been completed before the date of enactment of this Act. 
SEC. 3. FLOOD DAMAGE REDUCTION AND HURRICANE AND 
STORM DAMAGE REDUCTION PROJECT RE-
VIEWS. 
(a) IN GENERAL.—The non-Federal interest for a 
project for flood damage reduction or hurricane and storm 
damage reduction may submit to the Secretary a request 
for a review under this section for the project if— 
(1) the Secretary determines that the project is 
not feasible; 
(2) the Chief of Engineers issues an unfavor-
able report for the project; or 
(3) the Secretary identifies the feasibility study 
for the project as inactive. 
(b) REVIEW PANELS.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish, for each division of the Corps of Engineers, 
a review panel to conduct reviews and make deter-
minations under this section. 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—The Secretary shall ap-
point to each review panel 5 members— 
(i) each of whom shall have relevant 
experience in flood damage reduction or 
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hurricane and storm damage reduction in 
the geographic area represented by the di-
vision for which the review panel is estab-
lished; and 
(ii) at least one of whom shall have 
education or experience in the field of eco-
nomics. 
(B) LIMITATION.—Not more than 2 mem-
bers of each review panel may be employees (in-
cluding uniformed members) or contractors of 
the Corps of Engineers. 
(C) TERM.—Each member shall be ap-
pointed to a review panel for a term of 4 years. 
(3) DEADLINE.—The Secretary shall 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 the Secretary for a project with-
in the division for which the review panel is estab-
lished— 
(A) conduct a review of— 
(i) the feasibility study for the project; 
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(ii) the adequacy and acceptability of 
the economic, engineering, and environ-
mental methods, models, and analyses used 
by the Secretary in the preparation of the 
feasibility study for the project; 
(iii) the public written and oral com-
ments provided to the Secretary for the 
project; and 
(iv) any additional information sub-
mitted by the non-Federal interest as part 
of the request for a review; and 
(B) submit to the Secretary a final report 
containing— 
(i) an economic, engineering, and en-
vironmental analysis of the feasibility 
study for the project, including an assess-
ment of the adequacy and acceptability of 
the economic, engineering, and environ-
mental methods, models, and analyses used 
by the Secretary in the preparation of the 
feasibility study; and 
(ii) a determination of the feasibility 
of the project, taking into account calcula-
tions of costs and benefits described in sec-
tion 2(a). 
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(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, the 
Chief of Engineers shall issue a favorable report for the 
project. 
(d) PROCEDURES.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall establish 
procedures for reviews under this section. 
SEC. 4. PRIORITY FOR FEASIBILITY STUDIES. 
In carrying out feasibility studies for projects for 
flood damage reduction and hurricane and storm damage 
reduction each year, the Secretary shall give priority to 
the completion of such studies for projects in areas that 
have experienced flooding or hurricane damage during the 
preceding 10 years. 
SEC. 5. REPORT TO CONGRESS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the Committees 
on Homeland Security and Transportation and Infrastruc-
ture of the House of Representatives an analysis of the 
connection between Corps of Engineers projects for flood 
damage reduction, hurricane and storm damage reduction, 
and navigation and the protection of energy infrastruc-
ture. 
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SEC. 6. SECRETARY DEFINED. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of the Army, acting through the Chief of Engineers. 
SEC. 7. APPLICABILITY. 
This Act shall not apply to any project primarily de-
signed for the purposes of navigational improvements on 
the Nation’s system of inland waterways. 
Æ 
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