,,ii #aacth ,,congress #ast ,session ,s4 #djg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjac ,mr4 ,casey 7for himself1 ,ms4 ,landrieu1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to provide 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 ,reinvesting ,in ,vital ,economic ,rivers and ,waterways ,act of #bjac or the ,,river ,act4 #b4 ,findings ,congress finds that the inland waterways navigation system-- 7#a7 is an essential economic resource for the ,united ,states2 7#b7 serves as the most efficient sustainable transportation mode for bulk commodities in the ,united ,states while maintaining environmental resources2 and 7#c7 as of the date of enactment of this ,act1 is underfunded and needs significant changes to remain viable in the future4 #c4 ,purposes ,the purpose of this ,act is to establish a sustainable1 cost-effective way to ensure that the inland and intracoastal waterways of the ,united ,states remain economically viable through-- 7#a7 the redesign of the program and project management process applicable to the construction and major rehabilitation of navigation projects on those waterways2 7#b7 the continued development and improvement of inland waterways navigation systems2 7#c7 enhanced efficiency of inland waterways navigation project completion schedules2 and 7#d7 inland waterways navigation capital investments to ensure that projects can be completed in a reasonable timeframe and to allow maximum systemwide benefits4 #d4 ,definitions ,in this ,act3 7#a7 ,inland and intracoastal waterways ,the term inland and intracoastal waterways means the inland and intracoastal waterways of the ,united ,states described in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd74 7#b7 ,inland ,waterway ,users ,board ,the term ,inland ,waterway ,users ,board means the ,inland ,waterway ,users ,board established by section #cjb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbea74 7#c7 ,major rehabilitation project ,the term major rehabilitation project means a project for the restoration of a major project or major project feature of the inland and intracoastal waterways that has an estimated cost greater than #ej1jjj1jjj4 7#d7 ,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 ,fund established by section #iejf of the ,internal ,revenue ,code of #aihf4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 #e4 ,project delivery process reforms 7a7 ,in general ,the ,secretary shall promulgate regulations that1 at a minimum1 shall require for each qualifying project-- 7#a7 a cost estimation that is risk-based and has a confidence level of not less than #hj percent2 7#b7 an 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 ,secretary2 7iii7 involves a high level of complexity or novel or precedent-setting approaches1 as determined by the ,secretary2 or 7iv7 is identified by the ,secretary as a matter of significant interagency interest2 or 7,b7 for which a review has been requested by the ,governor of any ,state affected by the project2 7#c7 the appointment to a project development team for the qualifying project of a member of the ,inland ,waterways ,users ,board1 as selected by a majority of the ,inland ,waterways ,users ,board2 7#d7 a quarterly update submitted to the ,inland ,waterways ,users ,board of the status of a qualifying project that is under construction2 7#e7 the inclusion of the ,chairman of the ,inland ,waterways ,users ,board and the project development team appointee under paragraph 7#c7 as signatories of the project management plan for a qualifying project2 7#f7 the 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 projects2 7#g7 the evaluation1 including through the use of #a or more pilot projects1 of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance2 and 7#h7 any additional measures that the ,secretary determines will achieve the purposes of this ,act1 including1 as determined appropriate by the ,secretary-- 7,a7 the implementation of applicable practices and procedures drawn from the management of the military construction program by the ,secretary2 7,b7 the development and use of a portfolio of standard designs for inland navigation locks2 7,c7 the use of full-funding contracts or the formulation of a revised continuing contracts provision2 and 7,d7 the establishment of procedures for recommending new project construction starts using a capital projects business model4 7b7 ,report requirement 7#a7 ,in general ,for each fiscal year1 the ,secretary shall submit to ,congress a report that describes each project1 if any1 that receives more than #ej percent of the total amount of funds made available in that fiscal year under the ,inland ,waterways ,trust ,fund established by section #iejf of the ,internal ,revenue ,code of #aihf4 7#b7 ,requirement ,for each project described in paragraph 7#a7 that exceeds the estimated cost of carrying out that project for #c or more consecutive years1 the ,secretary shall include in the report submitted under that paragraph alternative financing plans for the project4 #f4 #bj-year capital investment program 7a7 ,program required 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 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 waterways1 which shall include plans to update communications technology and be based on the application of objective national project-selection prioritization criteria1 as developed by the ,secretary4 7#b7 ,contents ,the #bj-year program described in paragraph 7#a7 may be based on the #bj-year capital investment strategy contained in the ,inland ,marine ,transportation ,system ,capital ,projects ,business ,model1 ,final ,report published on ,april #ac1 #bjaj1 as approved by the ,inland ,waterways ,users ,board4 7b7 ,annual review and update 7#a7 ,in general ,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 ,secretary1 in conjunction with the ,inland ,waterways ,users ,board1 shall submit to ,congress an updated #bj-year program4 7#b7 ,contents ,the updated program described in paragraph 7#a7 shall include an identification and explanation of any changes that were made to the project-specific recommendations included in the previous #bj-year program1 including any changes that were made to the objective national project-selection prioritization criteria used to develop the updated recommendations4 7c7 ,strategic review and update 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary1 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 ,system1 including any revisions to the program that the ,secretary and the ,users ,board jointly consider to be appropriate4 7#b7 ,inclusions ,the review described in paragraph 7#a7 shall include an analysis of the communications technology in use on the inland and intracoastal waterways system and a description of any plans to modernize that technology to increase safety and maximize efficiency4 #g4 ,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 inserting before the period at the end 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 ,in general ,amounts in the ,inland ,waterways ,trust ,fund shall not be available for expenditures for-- 7,a7 construction or rehabilitation of dams1 or 7,b7 any rehabilitation expenditure that does not equal or exceed #ej1jjj1jjj4 7#b7 ,restriction on total cost ,amounts in the ,inland ,waterways ,trust ,fund shall 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 amount equal to-- 7i7 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 report1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the year in which construction or rehabilitation under the project begins 7determined by substituting the year that precedes the calendar year in which such project was authorized for #aiib in subparagraph 7,b7 of such section71 and 7,b7 any additional amount that is jointly agreed to by the ,secretary and the ,inland ,waterways ,users ,board as appropriate to the project4 4 #h4 ,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 #bjacbi cents 4