,i #aacth ,,congress #ast ,session ,h4 ,r4 #aadi ,,in ,,the ,,house ,,of ,,representatives ,march #ad1 #bjac ,mr4 ,whitfield 7for himself1 ,mr4 ,lipinski1 ,mr4 ,cassidy1 ,mr4 ,olson1 and ,mr4 ,bachus7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for funding for construction and major rehabilitation for projects located on inland and intracoastal waterways of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,waterways ,are ,vital for the ,economy1 ,energy1 ,efficiency1 and ,environment ,act of #bjac or the ,,wave#d ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the inland waterways navigation system is vital to the economic well-being of the ,nation4 7#b7 ,energy reliability and conservation are the cornerstones of the inland waterways navigation system4 7#c7 ,the efficiency of the inland waterways navigation system creates the optimum transportation mode for bulk commodities in the ,united ,states4 7#d7 ,the inland waterways navigation system provides for environmental protection and ecosystem sustainability4 #c4 ,purposes ,in order to ensure continued safe1 dependable1 highly cost-effective1 and environmentally sustainable navigation on the inland and intracoastal waterways of the ,united ,states1 the purposes of this ,act are to-- 7#a7 improve program and project management applicable to the construction and major rehabilitation of navigation projects on such waterways2 7#b7 optimize inland waterways navigation system reliability2 7#c7 minimize the size and scope of inland waterways navigation project completion schedules2 7#d7 eliminate preventable delays in inland waterways navigation project completion schedules2 and 7#e7 make inland waterways navigation capital investments through use of prioritization criteria that seek to maximize system-wide benefits and minimize overall system risk4 #d4 ,definitions ,in this ,act3 7#a7 ,qualifying project ,the term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is-- 7,a7 authorized before1 on1 or after the date of enactment of this ,act2 7,b7 not completed as of the date of enactment of this ,act2 and 7,c7 funded at least in part from the ,inland ,waterways ,trust ,fund4 7#b7 ,major rehabilitation project ,the term major rehabilitation project means a project for the restoration of a major project or major project feature that has an estimated cost greater than #ajj1jjj1jjj4 #e4 ,project delivery process reforms ,the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall require the following3 7#a7 ,formal project management training and certification for project managers of a qualifying project4 7#b7 ,assignment as project managers for a qualifying project only of personnel fully certified by the ,chief of ,engineers4 7#c7 ,cost estimation that is risk-based and has a confidence level of at least #hj percent for a qualifying project4 7#d7 ,independent external peer review and submission to ,congress 7in the case of a feasibility report7 or the ,secretary 7in the case of a rehabilitation evaluation report7 for any qualifying project-- 7,a7 that-- 7i7 has an estimated total project cost greater than #de1jjj1jjj2 7ii7 is subject to public safety concerns1 as determined by the ,chief of ,engineers2 7iii7 involves a high level of complexity or novel or precedent-setting approaches1 as determined by the ,chief of ,engineers2 or 7iv7 is identified by the ,chief of ,engineers as a matter of significant interagency interest2 or 7,b7 for which such a review has been requested by the ,governor of any ,state affected by the project4 7#e7 ,appointment to a project development team for a qualifying project of a member of the ,inland ,waterways ,users ,board1 selected by the ,chairman of the ,users ,board4 7#f7 ,communication quarterly to the ,inland ,waterways ,users ,board of the status of a qualifying project that is under construction4 7#g7 ,inclusion of the ,chairman of the ,inland ,waterways ,users ,board and the project development team appointee under paragraph 7#e7 as signatories of the project management plan for a qualifying project4 7#h7 ,establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on-budget completion of qualifying projects4 7#i7 ,evaluation1 including through use of one or more pilot projects1 of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance4 7#aj7 ,such additional measures that the ,secretary determines will achieve the purposes of this ,act1 including1 as determined appropriate by the ,secretary-- 7,a7 implementation of applicable practices and procedures drawn from the ,secretary's management of the military construction program2 7,b7 creation of one or more centers of expertise for the design and review of qualifying projects2 7,c7 development and use of a portfolio of standard designs for inland navigation locks2 7,d7 use of full-funding contracts or formulation of a revised continuing contracts clause2 and 7,e7 establishment of procedures for recommending new project construction starts using a capital projects business model4 #f4 #bj-year capital investment program 7a7 ,program required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,army1 working in conjunction with the ,inland ,waterways ,users ,board1 shall submit to ,congress a #bj-year program for making capital investments on the inland and intracoastal waterways based on application of objective national project-selection prioritization criteria1 as developed by the ,secretary4 ,such program may be based on the #bj-year capital investment strategy contained in the ,inland ,marine ,transportation ,system 7,,imts7 ,capital ,projects ,business ,model1 ,final ,report published on ,april #ac1 #bjaj1 as approved by the ,inland ,waterways ,users ,board4 7b7 ,annual review and update ,beginning not later than #a year after the date on which a #bj-year program is submitted to ,congress under subsection 7a71 and each year thereafter1 the ,secretary of the ,army1 working in conjunction with the ,inland ,waterways ,users ,board1 shall submit to ,congress an updated #bj-year program4 ,such updated program shall include identification and explanation of any changes that were made to the prior year's project-specific recommendations1 including any changes that were made to the objective national project-selection prioritization criteria that were used to develop the updated recommendations4 7c7 ,strategic review and update ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary of the ,army1 working in conjunction with the ,inland ,waterways ,users ,board1 shall submit to ,congress a strategic review of the capital investment program for the ,inland ,marine ,transportation ,system and make such revisions to the program as the ,secretary and ,users ,board jointly consider appropriate4 #g4 ,cost sharing for qualifying projects 7a7 ,general rule ,notwithstanding any other provision of law1 and subject to subsection 7b71 one-half of the cost of construction of a qualifying project shall be paid only from amounts appropriated from the general fund of the ,treasury1 and one-half of such costs shall be paid only from amounts appropriated from the ,inland ,waterways ,trust ,fund4 7b7 ,special rule for dams ,notwithstanding subsection 7a71 the cost of construction of a dam shall be paid only from amounts appropriated from the general fund of the ,treasury4 #h4 ,limitation on expenditures from the ,inland ,waterways ,trust ,fund ,section #iejf of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7c77#a71 by-- 7,a7 inserting and subject to subsection 7d71 after ,except as provided in paragraph 7#b712 and 7,b7 striking 1 as in effect on the date of the enactment of this section and inserting 1 provided that such expenditures may not exceed #ej percent of the total cost of the construction or rehabilitation2 and 7#b7 by inserting at the end the following3 7d7 ,limitation on expenditures from trust fund 7#a7 ,amounts in the ,inland ,waterways ,trust ,fund shall not be available for expenditures for-- 7,a7 construction or rehabilitation of dams2 or 7,b7 any rehabilitation expenditure that does not equal or exceed #ajj1jjj1jjj4 7#b7 ,amounts in the ,inland ,waterways ,trust ,fund may not be used to pay for any part of the cost to construct an authorized ,federal project that exceeds the sum of-- 7,a7 the total authorized cost to construct the ,federal project as specified in the ,public ,law that authorized construction of the project or1 in the case of a rehabilitation project1 in the relevant rehabilitation evaluation report2 7,b7 an adjustment for inflation for the time that elapses between the date of the project's authorization and the date on which construction of the project begins2 and 7,c7 an additional amount1 if any1 jointly agreed to by the ,secretary and the ,inland ,waterways ,users ,board as appropriate to the project4 4 #i4 ,revision to inland waterways user fee ,section #djdb7;b77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7,a7 ,the ,inland ,waterways ,trust ,fund financing rate is the rate determined in accordance with the following table3 ,the tax per ,if the use occurs3 gallon is3 ,during #bjacbj cents ,after #bjacbf cents 4