§ 2201. “Secretary” defined

subparagraphs (A) and (B) of section 1043(a)(5) [33 U.S.C. 2201 note];

section 1046(a)(2)(B) [33 U.S.C. 2319 note];

section 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) (as amended by section 2102(a)); and

section 7001 [33 U.S.C. 2282d].

In general.—

Subject to subsection (d), if the Secretary fails to provide a report listed under subsection (b) by the date that is 180 days after the applicable date required for that report, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Army Corps of Engineers with responsibility for completing that report.

Subsequent reprogramming.—

Subject to subsection (d), for each additional week after the date described in paragraph (1) in which a report described in that paragraph remains uncompleted and unsubmitted to Congress, $5,000 shall be reprogrammed from the General Expenses account of the civil works program of the Army Corps of Engineers into the account of the division of the Secretary of the Army with responsibility for completing that report.

In general.—

For each report, the total amounts reprogrammed under subsection (c) shall not exceed, in any fiscal year, $50,000.

Aggregate limitation.—

The total amount reprogrammed under subsection (c) in a fiscal year shall not exceed $200,000.

a major modification has been made to the content of the report that requires additional analysis for the Secretary to make a final decision on the report;

amounts have not been appropriated to the agency under this Act or any other Act to carry out the report; or

additional information is required from an entity other than the Corps of Engineers and is not available in a timely manner to complete the report by the deadline.

In general.—

Not later than 180 days after the date of enactment of this Act [

Purposes.—

The purposes of the pilot program are—

Administration.—

Cost share.—

Nothing in this subsection affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a feasibility study carried out under this subsection.

Report.—

Administration.—

All laws and regulations that would apply to the Secretary if the Secretary were carrying out the feasibility study shall apply to a non-Federal interest carrying out a feasibility study under this subsection.

Termination of authority.—

The authority to commence a feasibility study under this subsection terminates on the date that is 5 years after the date of enactment of this Act.

Authorization of appropriations.—

In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 through 2019.

In general.—

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out flood risk management, hurricane and storm damage reduction, coastal harbor and channel inland navigation, and aquatic ecosystem restoration projects.

Purposes.—

The purposes of the pilot program are—

Administration.—

Cost share.—

Nothing in this subsection affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this subsection.

Report.—

Administration.—

All laws and regulations that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this subsection.

Termination of authority.—

The authority to commence a project under this subsection terminates on the date that is 5 years after the date of enactment of this Act.

Authorization of appropriations.—

In addition to any amounts appropriated for a specific project, there is authorized to be appropriated to the Secretary to carry out the pilot program under this subsection, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2015 through 2019.”

to identify cost-saving project delivery alternatives that reduce the backlog of authorized Corps of Engineers projects; and

to evaluate the technical, financial, and organizational benefits of allowing a non-Federal pilot applicant to carry out and manage the design or construction (or both) of 1 or more of such projects.

identify for inclusion in the program at least 15 projects that are authorized for construction for coastal harbor improvement, channel improvement, inland navigation, flood damage reduction, or hurricane and storm damage reduction;

notify in writing the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of each project identified under paragraph (1);

in consultation with the non-Federal pilot applicant associated with each project identified under paragraph (1), develop a detailed project management plan for the project that outlines the scope, financing, budget, design, and construction resource requirements necessary for the non-Federal pilot applicant to execute the project, or a separable element of the project;

at the request of the non-Federal pilot applicant associated with each project identified under paragraph (1), enter into a project partnership agreement with the non-Federal pilot applicant under which the non-Federal pilot applicant is provided full project management control for the financing, design, or construction (or any combination thereof) of the project, or a separable element of the project, in accordance with plans approved by the Secretary;

following execution of a project partnership agreement under paragraph (4) and completion of all work under the agreement, issue payment, in accordance with subsection (g), to the relevant non-Federal pilot applicant for that work; and

regularly monitor and audit each project carried out under the program to ensure that all activities related to the project are carried out in compliance with plans approved by the Secretary and that construction costs are reasonable.

is significant to the economy of the United States;

leverages Federal investment by encouraging non-Federal contributions to the project;

employs innovative project delivery and cost-saving methods;

received Federal funds in the past and experienced delays or missed scheduled deadlines;

has unobligated Corps of Engineers funding balances; and

has not received Federal funding for recapitalization and modernization since the project was authorized.

if applicable, the balance of the unobligated amounts appropriated for the project; and

other amounts appropriated to the Corps of Engineers, subject to the condition that the total amount transferred to the non-Federal pilot applicant may not exceed the estimate of the Federal share of the cost of construction, including any required design.

a study, engineering activity, or design activity related to a project carried out by the non-Federal pilot applicant under the program; and

obtaining permits necessary for such a project.

In general.—

The Secretary shall—

Rule of construction.—

Nothing in this section allows the Secretary to waive any requirement under—

In general.—

Before entering into a project partnership agreement under subsection (d)(4), the Secretary shall conduct an assessment of whether, and provide justification in writing to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that, the proposed agreement provides better public and financial benefits than a similar transaction using public funding or financing.

Requirements.—

An assessment under paragraph (1) shall—

the non-Federal sponsor of the water resources development project;

a non-Federal interest, as defined in section 221 of the Flood Control Act of 1970 (42 U.S.C. 1982d–5b [1962d–5b]); or

a private entity with the consent of the local government in which the project is located or that is otherwise affected by the project.”

for which a contract for physical construction has not been awarded before the date of enactment of this Act [

that has a total cost of more than $25,000,000; and

a description of the primary objectives of streamlining water control management activities;

a description of the benefits provided by streamlining water control management activities through consolidation of centers for those activities;

a determination whether the benefits to users of establishing regional water control management centers will be retained in each district office of the Corps of Engineers that does not have a regional center;

a determination whether users of regional centers will receive a higher level of benefits from streamlining water control management activities; and

a list of the members of Congress who represent a district that includes a water control management center that is to be eliminated under a proposed regionalized plan.”