Sec. 1043. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM
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## SEC. 1043 NON-FEDERAL IMPLEMENTATION PILOT PROGRAM **[**[33 U.S.C. 2201 note](/us/usc/t33/s2201)**]** ###
(a)Non-Federal Implementation of Feasibility Studies ####
(1)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 feasibility studies for flood risk management, hurricane and storm damage reduction, aquatic ecosystem restoration, and coastal harbor and channel and inland navigation. ####
(2)Purposes The purposes of the pilot program are— #####
(A)to identify project delivery and cost-saving alternatives to the existing feasibility study process; #####
(B)to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and #####
(C)to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers. ####
(3)Administration #####
(A)In general On the request of a non-Federal interest, the Secretary may enter into an agreement with the non-Federal interest for the non-Federal interest to provide full project management control of a feasibility study for a project for— ######
(i)flood risk management; ######
(ii)hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures; ######
(iii)coastal harbor and channel and inland navigation; and ######
(iv)aquatic ecosystem restoration. #####
(B)Use of non-federal funds ######
(i)In general A non-Federal interest that has entered into an agreement with the Secretary pursuant to subparagraph
(A)may use non-Federal funds to carry out the feasibility study. ######
(ii)Credit The Secretary shall credit towards the non-Federal share of the cost of construction of a project for which a feasibility study is carried out under this subsection an amount equal to the portion of the cost of developing the study that would have been the responsibility of the Secretary, if the study were carried out by the Secretary, subject to the conditions that— ######
(I)non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary; ######
(II)the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and ######
(III)the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under subparagraph (A). #####
(C)Transfer of funds ######
(i)In general After the date on which an agreement is executed pursuant to subparagraph (A), the Secretary may transfer to the non-Federal interest to carry out the feasibility study— ######
(I)if applicable, the balance of any unobligated amounts appropriated for the study, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and ######
(II)additional amounts, as determined by the Secretary, from amounts made available under paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of the feasibility study. ######
(ii)Administration The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under subparagraph
(A)to ensure that a non-Federal interest receiving Federal funds under this paragraph— ######
(I)has the necessary qualifications to administer those funds; and ######
(II)will comply with all applicable Federal laws (including regulations) relating to the use of those funds. #####
(D)Notification The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the initiation of each feasibility study under the pilot program. #####
(E)Auditing The Secretary shall regularly monitor and audit each feasibility study carried out by a non-Federal interest under this section to ensure that the use of any funds transferred under subparagraph
(C)are used in compliance with the agreement signed under subparagraph (A). #####
(F)Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest relating to any aspect of the feasibility study, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance. #####
(G)Detailed project schedule Not later than 180 days after entering into an agreement under subparagraph (A), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on full funding capability, that lists all deadlines for milestones relating to the feasibility study. ####
(4)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. ####
(5)Report #####
(A)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report detailing the results of the pilot program carried out under this section, including— ######
(i)a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph (3)(G); and ######
(ii)any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. #####
(B)Update Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in subparagraph (A). #####
(C)Failure to meet deadline If the Secretary fails to submit a report by the required deadline under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. ####
(6)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. ####
(7)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. ####
(8)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. ###
(b)Non-Federal Project Implementation Pilot Program ####
(1)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. ####
(2)Purposes The purposes of the pilot program are— #####
(A)to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects; #####
(B)to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and #####
(C)to evaluate alternatives for the decentralization of the project management, design, and construction for authorized Corps of Engineers water resources projects. ####
(3)Administration #####
(A)In general In carrying out the pilot program, the Secretary shall— ######
(i)identify a total of not more than 20 projects for flood risk management, hurricane and storm damage reduction (including levees, floodwalls, flood control channels, and water control structures), coastal harbor and channels, inland navigation, and aquatic ecosystem restoration that have been authorized for construction , including— ######
(I)not more than 12 projects that have been authorized for construction prior to the date of enactment of this Act and that— ######
(aa)######
(AA)have received Federal funds prior to the date of enactment of this Act; or ######
(BB)for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and ######
(bb)to the maximum extent practicable, are located in each of the divisions of the Corps of Engineers; ######
(II)not more than 3 projects that have been authorized for construction prior to the date of enactment of this Act and that have not received Federal funds in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act; and ######
(III)not more than 5 projects that have been authorized for construction, but did not receive the authorization prior to the date of enactment of this Act; ######
(ii)notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each project under the pilot program; ######
(iii)in collaboration with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; ######
(iv)on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; ######
(v)following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project— ######
(I)if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and ######
(II)additional amounts, as determined by the Secretary, from amounts made available under paragraph (8), except that the total amount transferred to the non-Federal interest shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and ######
(vi)regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. #####
(B)Detailed project schedule Not later than 180 days after entering into an agreement under subparagraph (A)(iv), each non-Federal interest, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the project. #####
(C)Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with and compensates the Secretary for the technical assistance relating to— ######
(i)any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this subsection; and ######
(ii)expeditiously obtaining any permits necessary for the project. ####
(4)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. ####
(5)Report #####
(A)In general Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report detailing the results of the pilot program carried out under this subsection, including— ######
(i)a description of the progress of non-Federal interests in meeting milestones in detailed project schedules developed pursuant to paragraph (2)(B); and ######
(ii)any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. #####
(B)Update Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in subparagraph (A). #####
(C)Failure to meet deadline If the Secretary fails to submit a report by the required deadline under this paragraph, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. ####
(6)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. ####
(7)Termination of authority The authority to commence a project under this subsection terminates on September 30, 2030. ####
(8)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 2019 through 2030. ####
(9)Implementation guidance #####
(A)In general Not later than 120 days after the date of enactment of this paragraph, the Secretary shall issue guidance for the implementation of the pilot program that, to the extent practicable, identifies— ######
(i)the metrics for measuring the success of the pilot program; ######
(ii)a process for identifying future projects to participate in the pilot program; ######
(iii)measures to address the risks of a non-Federal interest constructing projects under the pilot program, including which entity bears the risk for projects that fail to meet the Corps of Engineers standards for design or quality; ######
(iv)the laws and regulations that a non-Federal interest must follow in carrying out a project under the pilot program; and ######
(v)which entity bears the risk in the event that a project carried out under the pilot program fails to be carried out in accordance with the project authorization or this subsection. #####
(B)New project partnership agreements The Secretary may not enter into a project partnership agreement under this subsection during the period beginning on the date of enactment of this paragraph and ending on the date on which the Secretary issues the guidance under subparagraph (A).
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Sec. 1043
NON-FEDERAL IMPLEMENTATION PILOT PROGRAM
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