,i #aacth ,,congress #ast ,session ,h4 ,r4 #bbic ,,in ,,the ,,house ,,of ,,representatives ,june #f1 #bjac ,ms4 ,matsui 7for herself and ,mr4 ,la,malfa7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend the ,flood ,control ,act of #aigj with respect to credit for in-kind contributions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,flood ,control ,credit ,act of #bjac4 #b4 ,transfer of excess work-in-kind credit 7a7 ,in general ,subject to subsection 7b71 the ,secretary of the ,army may apply credit for in-kind contributions provided by a non-,federal interest that is in excess of the required non-,federal cost-share for a water resources study or project1 including credit for in-kind contributions provided to accelerate completion of a water resources study or project1 toward the required non-,federal cost-share for a different water resources study or project4 7b7 ,restrictions 7#a7 ,in general ,except for subsection 7a77#d77;,d77i7 of that section1 the requirements of section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7 7as amended by section #c of this ,act7 shall apply to any credit under this section4 7#b7 ,conditions ,credit in excess of the non-,federal cost-share for a study or project may be approved under this section only if-- 7,a7 the non-,federal interest submits a comprehensive plan to the ,secretary that identifies-- 7i7 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 project2 and 7ii7 the studies and projects to which that excess credit would be applied2 7,b7 the ,secretary approves the comprehensive plan2 and 7,c7 the total amount of credit does not exceed the total non-,federal cost-share for the studies and projects in the approved comprehensive plan4 7c7 ,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 project1 the ,secretary shall consider whether applying that credit will-- 7#a7 help to expedite the completion of a project or group of projects2 7#b7 reduce costs to the ,federal ,government2 and 7#c7 aid the completion of a project that provides significant flood risk reduction or environmental benefits4 7d7 ,report 7#a7 ,deadlines 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate an interim report on the use of the authority under this section4 7,b7 ,final report ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a final report on the use of the authority under this section4 7#b7 ,inclusions ,the reports described in paragraph 7#a7 shall include-- 7,a7 a description of the use of the authority under this section during the reporting period2 7,b7 an assessment of the impact of the authority under this section on the time required to complete projects2 and 7,c7 an assessment of the impact of the authority under this section on other water resources projects4 #c4 ,credit for in-kind contributions 7a7 ,in general ,section #bba7;a77#d7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77 is amended-- 7#a7 in subparagraph 7,a71 in the matter preceding clause 7i7 by inserting or a project under an environmental infrastructure assistance program after law2 7#b7 in subparagraph 7,c71 by striking ,in any case and all that follows through the period at the end and inserting the following3 7i7 ,construction 7,i7 ,in general ,in any case in which the non-,federal interest is to receive credit under subparagraph 7,a7 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 enactment of this subparagraph1 the ,secretary 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 construction or issuing a written notice to proceed for the construction4 7,,ii7 ,eligibility ,construction that is carried out after the execution of an agreement to carry out work described in subclause 7,i7 and any design activities that are required for that construction1 even if the design activity is carried out prior to the execution of the agreement to carry out work1 shall be eligible for credit4 7ii7 ,planning 7,i7 ,in general ,in any case in which the non-,federal interest is to receive credit under subparagraph 7,a7 for the cost of planning carried out by the non-,federal interest before execution of a feasibility cost sharing agreement1 the ,secretary 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 that planning4 7,,ii7 ,eligibility ,planning that is carried out by the non-,federal interest after the execution of an agreement to carry out work described in subclause 7,i7 shall be eligible for credit4 2 7#c7 in subparagraph 7,d77iii71 by striking sections #aja and #ajc and inserting sections #aja7;a77#b7 and #ajc7;a77#a77;,a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa7;a77#b72 #cc ,u4,s4,c4 #bbac7;a77#a77;,a772 7#d7 by redesignating subparagraph 7,e7 as subparagraph 7,h72 7#e7 by inserting after subparagraph 7,d7 the following3 7,e7 ,analysis of costs and benefits ,in the evaluation of the costs and benefits of a project1 the ,secretary shall not consider construction carried out by a non-,federal interest under this subsection as part of the future without project condition4 7,f7 ,transfer of ,credit between ,separable ,elements of a ,project ,credit for in-kind contributions provided by a non-,federal interest1 under this section or section #ajd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbad71 that are in excess of the non-,federal cost share for an authorized separable element of a project may be applied toward the non-,federal cost share for a different authorized separable element of the same project or toward another authorized project1 within the same watershed1 for which the non-,federal interest has a cost share responsibility4 7,g7 ,application of ,credit ,to the extent that credit for in-kind contributions1 as limited by subparagraph 7,d71 and credit for required land1 easements1 rights-of-way1 dredged material disposal areas1 and relocations provided by the non-,federal interest exceed the non-,federal share of the cost of construction of a project other than a navigation project1 the ,secretary shall reimburse the difference to the non-,federal interest1 subject to the availability of funds4 2 and 7#f7 in subparagraph 7,h7 7as redesignated by paragraph 7#d77-- 7,a7 in clause 7i71 by inserting 1 and to water resources projects authorized prior to the date of enactment of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb71 if correction of design deficiencies is necessary before the period at the end2 and 7,b7 by striking clause 7ii7 and inserting the following3 7ii7 ,authorization in addition to specific credit provision ,in any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-,federal interest before the date of execution of a partnership agreement1 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 agreement4 4 7b7 ,applicability ,section #bjjc7;e7 of the ,water ,resources ,development ,act of #bjjg 7#db ,u4,s4,c4 #aifb;d-#e;b note7 is amended by inserting 1 or construction of design deficiency corrections on the project1 after construction on the project4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 take effect on ,november #h1 #bjjg4 7d7 ,guidelines 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,army shall update any guidance or regulations for carrying out section #bba7;a77#d7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77 7as amended by subsection 7a77 that are in existence on the date of enactment of this ,act or issue new guidelines1 as determined to be appropriate by the ,secretary4 7#b7 ,inclusions ,any guidance1 regulations1 or guidelines updated or issued under paragraph 7#a7 shall include1 at a minimum-- 7,a7 the milestone for executing an in-kind memorandum of understanding for construction by a non-,federal interest2 7,b7 criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-,federal interest that is earlier than the milestone under subparagraph 7,a7 for that execution2 and 7,c7 criteria and procedures for determining whether work carried out by a non-,federal interest is integral to a project4 7#c7 ,public and stakeholder participation ,before issuing any new or revised guidance1 regulations1 or guidelines or any subsequent updates to those documents1 the ,secretary shall-- 7,a7 consult with affected non-,federal interests2 7,b7 publish the proposed guidelines developed under this subsection in the ,federal ,register2 and 7,c7 provide the public with an opportunity to comment on the proposed guidelines4 7e7 ,interim period ,during the period beginning on the date of enactment of this ,act and ending on the date on which guidance1 regulations1 or guidelines are updated or issued under subsection 7d71 the ,secretary shall process credit under section #ajd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbad71 upon request of a non-,federal interest1 if-- 7#a7 the applicable non-,federal work meets the requirements for credit under section #ajd2 and 7#b7 the applicable non-,federal work does not meet the requirements for credit under existing guidelines for section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b74 7f7 ,availability of credit ,credit for in-kind contributions authorized under section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7 or section #ajd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbad7 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 alternatives as part of a feasibility study or a general or limited reevaluation report4 7g7 ,other credit ,nothing in section #bba7;a77#d7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7a77#d77 7as amended by subsection 7a77 affects any eligibility for credit under section #ajd of the ,water ,resources ,development of #aihf 7#cc ,u4,s4,c4 #bbad7 that was approved by the ,secretary prior to the date of enactment of this ,act4