I 
113TH CONGRESS 
1ST SESSION H. R. 2293 
To amend the Flood Control Act of 1970 with respect to credit for in- 
kind contributions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2013 
Ms. MATSUI (for herself and Mr. LAMALFA) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Flood Control Act of 1970 with respect to 
credit for in-kind contributions, 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 ‘‘Flood Control Credit 
Act of 2013’’. 
SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of the Army may apply credit for in-kind contribu-
tions provided by a non-Federal interest that is in excess 
of the required non-Federal cost-share for a water re-
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sources study or project, including credit for in-kind con-
tributions provided to accelerate completion of a water re-
sources study or project, toward the required non-Federal 
cost-share for a different water resources study or project. 
(b) RESTRICTIONS.— 
(1) 
IN
GENERAL.—Except 
for 
subsection 
(a)(4)(D)(i) of that section, the requirements of sec-
tion 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b) (as amended by section 3 of this 
Act) shall apply to any credit under this section. 
(2) CONDITIONS.—Credit in excess of the non- 
Federal cost-share for a study or project may be ap-
proved under this section only if— 
(A) the non-Federal interest submits a 
comprehensive plan to the Secretary that identi-
fies— 
(i) the studies and projects for which 
the non-Federal interest intends to provide 
in-kind contributions for credit that is in 
excess of the non-Federal cost share for 
the study or project; and 
(ii) the studies and projects to which 
that excess credit would be applied; 
(B) the Secretary approves the comprehen-
sive plan; and 
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(C) the total amount of credit does not ex-
ceed the total non-Federal cost-share for the 
studies and projects in the approved com-
prehensive plan. 
(c) ADDITIONAL CRITERIA.—In evaluating a request 
to apply credit in excess of the non-Federal cost-share for 
a study or project toward a different study or project, the 
Secretary shall consider whether applying that credit 
will— 
(1) help to expedite the completion of a project 
or group of projects; 
(2) reduce costs to the Federal Government; 
and 
(3) aid the completion of a project that provides 
significant flood risk reduction or environmental 
benefits. 
(d) REPORT.— 
(1) DEADLINES.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall submit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Environ-
ment and Public Works of the Senate an in-
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terim report on the use of the authority under 
this section. 
(B) FINAL
REPORT.—Not later than 5 
years after the date of enactment of this Act, 
the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House 
of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a final 
report on the use of the authority under this 
section. 
(2) INCLUSIONS.—The reports described in 
paragraph (1) shall include— 
(A) a description of the use of the author-
ity under this section during the reporting pe-
riod; 
(B) an assessment of the impact of the au-
thority under this section on the time required 
to complete projects; and 
(C) an assessment of the impact of the au-
thority under this section on other water re-
sources projects. 
SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS. 
(a) IN GENERAL.—Section 221(a)(4) of the Flood 
Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is 
amended— 
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(1) in subparagraph (A), in the matter pre-
ceding clause (i) by inserting ‘‘or a project under an 
environmental infrastructure assistance program’’ 
after ‘‘law’’; 
(2) in subparagraph (C), by striking ‘‘In any 
case’’ and all that follows through the period at the 
end and inserting the following: 
‘‘(i) CONSTRUCTION.— 
‘‘(I) IN GENERAL.—In any case 
in which the non-Federal interest is to 
receive credit under subparagraph (A) 
for the cost of construction carried 
out by the non-Federal interest before 
execution of a partnership agreement 
and that construction has not been 
carried out as of the date of enact-
ment of this subparagraph, the Sec-
retary and the non-Federal interest 
shall enter into an agreement under 
which the non-Federal interest shall 
carry out such work prior to the non- 
Federal interest initiating construc-
tion or issuing a written notice to pro-
ceed for the construction. 
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agreement to carry out work described 
in subclause (I) shall be eligible for 
credit.’’; 
(3) in subparagraph (D)(iii), by striking ‘‘sec-
tions 101 and 103’’ and inserting ‘‘sections 
101(a)(2) and 103(a)(1)(A) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 
U.S.C. 2213(a)(1)(A))’’; 
(4) by redesignating subparagraph (E) as sub-
paragraph (H); 
(5) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) ANALYSIS
OF
COSTS
AND
BENE-
FITS.—In the evaluation of the costs and bene-
fits of a project, the Secretary shall not con-
sider construction carried out by a non-Federal 
interest under this subsection as part of the fu-
ture without project condition. 
‘‘(F) TRANSFER
OF
CREDIT
BETWEEN 
SEPARABLE ELEMENTS OF A PROJECT.—Credit 
for in-kind contributions provided by a non- 
Federal interest, under this section or section 
104 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2214), that are in excess of 
the non-Federal cost share for an authorized 
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separable element of a project may be applied 
toward the non-Federal cost share for a dif-
ferent authorized separable element of the same 
project or toward another authorized project, 
within the same watershed, for which the non- 
Federal interest has a cost share responsibility. 
‘‘(G) APPLICATION
OF
CREDIT.—To the 
extent that credit for in-kind contributions, as 
limited by subparagraph (D), and credit for re-
quired land, easements, rights-of-way, dredged 
material disposal areas, and relocations pro-
vided by the non-Federal interest exceed the 
non-Federal share of the cost of construction of 
a project other than a navigation project, the 
Secretary shall reimburse the difference to the 
non-Federal interest, subject to the availability 
of funds.’’; and 
(6) in subparagraph (H) (as redesignated by 
paragraph (4))— 
(A) in clause (i), by inserting ‘‘, and to 
water resources projects authorized prior to the 
date of enactment of the Water Resources De-
velopment Act of 1986 (Public Law 99–662), if 
correction of design deficiencies is necessary’’ 
before the period at the end; and 
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(B) by striking clause (ii) and inserting the 
following: 
‘‘(ii) AUTHORIZATION IN AD-
DITION
TO
SPECIFIC
CREDIT 
PROVISION.—In 
any 
case 
in 
which a specific provision of law 
authorizes credit for in-kind con-
tributions provided by a non-Fed-
eral interest before the date of 
execution of a partnership agree-
ment, the Secretary may apply 
the authority provided in this 
paragraph to allow credit for in- 
kind contributions provided by 
the non-Federal interest on or 
after the date of execution of the 
partnership agreement.’’. 
(b) APPLICABILITY.—Section 2003(e) of the Water 
Resources Development Act of 2007 (42 U.S.C. 1962d– 
5b note) is amended by inserting ‘‘, or construction of de-
sign deficiency corrections on the project,’’ after ‘‘con-
struction on the project’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) take effect on November 8, 2007. 
(d) GUIDELINES.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
the Army shall update any guidance or regulations 
for carrying out section 221(a)(4) of the Flood Con-
trol Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as 
amended by subsection (a)) that are in existence on 
the date of enactment of this Act or issue new 
guidelines, as determined to be appropriate by the 
Secretary. 
(2) INCLUSIONS.—Any guidance, regulations, or 
guidelines updated or issued under paragraph (1) 
shall include, at a minimum— 
(A) the milestone for executing an in-kind 
memorandum of understanding for construction 
by a non-Federal interest; 
(B) criteria and procedures for evaluating 
a request to execute an in-kind memorandum of 
understanding for construction by a non-Fed-
eral interest that is earlier than the milestone 
under subparagraph (A) for that execution; and 
(C) criteria and procedures for determining 
whether work carried out by a non-Federal in-
terest is integral to a project. 
(3) PUBLIC
AND
STAKEHOLDER
PARTICIPA-
TION.—Before issuing any new or revised guidance, 
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regulations, or guidelines or any subsequent updates 
to those documents, the Secretary shall— 
(A) consult with affected non-Federal in-
terests; 
(B) publish the proposed guidelines devel-
oped under this subsection in the Federal Reg-
ister; and 
(C) provide the public with an opportunity 
to comment on the proposed guidelines. 
(e) INTERIM PERIOD.—During the period beginning 
on the date of enactment of this Act and ending on the 
date on which guidance, regulations, or guidelines are up-
dated or issued under subsection (d), the Secretary shall 
process credit under section 104 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2214), upon request 
of a non-Federal interest, if— 
(1) the applicable non-Federal work meets the 
requirements for credit under section 104; and 
(2) the applicable non-Federal work does not 
meet the requirements for credit under existing 
guidelines for section 221 of the Flood Control Act 
of 1970 (42 U.S.C. 1962d–5b). 
(f) AVAILABILITY OF CREDIT.—Credit for in-kind 
contributions authorized under section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d–5b) or section 104 
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of the Water Resources Development Act of 1986 (33 
U.S.C. 2214) shall be available for work performed by a 
non-Federal interest on any separable element of a project 
following the identification by the Secretary of project al-
ternatives as part of a feasibility study or a general or 
limited reevaluation report. 
(g) OTHER CREDIT.—Nothing in section 221(a)(4) 
of the Flood Control Act of 1970 (42 U.S.C. 1962d– 
5b(a)(4)) (as amended by subsection (a)) affects any eligi-
bility for credit under section 104 of the Water Resources 
Development of 1986 (33 U.S.C. 2214) that was approved 
by the Secretary prior to the date of enactment of this 
Act. 
Æ 
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