Sec. 8236. GAO STUDIES

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## SEC. 8236 GAO STUDIES ###

(a)Study on Project Distribution ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an analysis of— #####

(A)the geographic distribution of annual and supplemental funding for water resources development projects carried out by the Secretary over the immediately preceding 5 fiscal years; and #####

(B)the factors contributing to such distribution. ####

(2)Report Upon completion of the analysis required under paragraph (1), the Comptroller General 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 report on the findings of such analysis. ###

(b)Assessment of Concessionaire Practices ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the concessionaire lease practices of the Corps of Engineers. ####

(2)Scope In conducting the assessment under paragraph (1), the Comptroller General shall assess— #####

(A)the extent to which the formula of the Corps of Engineers for calculating concessionaire rental rates allows concessionaires to obtain a reasonable return on investment, taking into account operating margins for sales of food and fuel; and #####

(B)the process and formula for assessing administrative fees for concessionaire leases that addresses— ######

(i)the statutory authority for such fees; and ######

(ii)the extent to which the process and formula for assessing such fees are transparent and consistent across districts of the Corps of Engineers. ####

(3)Report Upon completion of the assessment required under paragraph (1), the Comptroller General 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 report on the findings of such assessment. ###

(c)Audit of Projects Over Budget or Behind Schedule ####

(1)List required Not later than 90 days after the date of enactment of this Act, the Secretary shall provide to the Comptroller General of the United States a list of each covered ongoing water resources development project. ####

(2)Review Not later than 1 year after receiving the list under paragraph (1), the Comptroller General shall initiate a review of the factors and conditions resulting in the estimated project cost or completion date exceedances for each covered ongoing water resources development project. ####

(3)Report Upon completion of the review conducted under paragraph (2), the Comptroller General 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 report on the findings of such review. ####

(4)Definition of covered ongoing water resources development project In this subsection, the term “covered ongoing water resources development project” means a water resources development project being carried out by the Secretary for which, as of the date of enactment of this Act— #####

(A)the estimated total project cost of the project exceeds the authorized total project cost of the project by not less than $50,000,000; or #####

(B)the estimated completion date of the project exceeds the original estimated completion date of the project by not less than 5 years. ###

(d)Studies on Mitigation ####

(1)Study on mitigation for water resources development projects #####

(A)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of projects and activities to mitigate fish and wildlife losses resulting from the construction, or operation and maintenance, of an authorized water resources development project. #####

(B)Requirements In conducting the review under subparagraph (A), the Comptroller General shall— ######

(i)assess the extent to which— ######

(I)districts of the Corps of Engineers consistently implement the final rule of the Department of Defense and the Environmental Protection Agency titled “Compensatory Mitigation for Losses of Aquatic Resources” and issued on April 10, 2008 (73 Fed. Reg. 19594); ######

(II)mitigation projects and activities (including the acquisition of lands or interests in lands) restore the natural hydrologic conditions, restore native vegetation, and otherwise support native fish and wildlife species, as required under section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); ######

(III)mitigation projects or activities (including the acquisition of lands or interests in lands) are undertaken before, or concurrent with, the construction of the authorized water resources development project for which such mitigation is required; ######

(IV)mitigation projects or activities (including the acquisition of lands or interests in lands) are completed; ######

(V)mitigation projects or activities are undertaken to mitigate fish and wildlife losses resulting from the operation and maintenance of an authorized water resources development project, including based on periodic review and updating of such projects or activities; ######

(VI)the Secretary includes mitigation plans, as required by section 906(d) of the Water Resources Development Act of 1986 (33 U.S. 2283), in any project study (as defined in section 2034(l) of the Water Resources Development Act of 2007 (33 U.S.C. 2343)); ######

(VII)processing and approval of mitigation projects and activities (including the acquisition of lands or interests in lands) affects the timeline of completion of authorized water resources development projects; and ######

(VIII)mitigation projects and activities (including the acquisition of lands or interests in lands) affect the total cost of authorized water resources development projects; ######

(ii)evaluate the performance of each of the mitigation mechanisms included in the final rule described in clause (i)(I); ######

(iii)evaluate the efficacy of the use of alternative methods, such as a performance-based contract, to satisfy mitigation requirements of authorized water resources development projects; ######

(iv)review any reports submitted to Congress in accordance with section 2036(b) of the Water Resources Development Act of 2007 (121 Stat. 1094) on the status of construction of authorized water resources development projects that require mitigation; and ######

(v)consult with independent scientists, economists, and other stakeholders with expertise and experience to conduct such review. #####

(C)Definition of performance-based contract In this paragraph, the term “performance-based contract” means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable, sustainable, and functionally equivalent mitigation performance. #####

(D)Report Upon completion of the review conducted under this paragraph, the Comptroller General 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 report on the findings of such review. ####

(2)Study on compensatory mitigation #####

(A)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the performance metrics for, compliance with, and adequacy of potential mechanisms for fulfilling compensatory mitigation obligations pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). #####

(B)Requirements The Comptroller General shall include in the review conducted under subparagraph

(A)an analysis of— ######

(i)the primary mechanisms for fulfilling compensatory mitigation obligations, including— ######

(I)mitigation banks; ######

(II)in-lieu fee programs; and ######

(III)direct mitigation by permittees; ######

(ii)the timeliness of initiation and successful completion of compensatory mitigation activities in relation to when a permitted activity occurs; ######

(iii)the timeliness of processing and approval of compensatory mitigation activities; ######

(iv)the costs of carrying out compensatory mitigation activities borne by the Federal Government, a permittee, or any other involved entity; ######

(v)Federal and State agency oversight and short- and long-term monitoring of compensatory mitigation activities; ######

(vi)whether a compensatory mitigation activity successfully replaces any lost or adversely affected habitat with a habitat having similar functions of equal or greater ecological value; and ######

(vii)the continued, long-term operation of the compensatory mitigation activities over a 5-, 10-, 20-, and 50-year period, including ecological performance and the functioning of long-term funding mechanisms. #####

(C)Update In conjunction with the review required under subparagraph (A), the Comptroller General shall review and update the findings and recommendations contained in the report of the Comptroller General titled “Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure That Compensatory Mitigation Is Occurring” and dated September 2005 (GAO-05-898), including a review of Federal agency compliance with such recommendations. #####

(D)Report Upon completion of the review conducted under required subparagraph (A), the Comptroller General 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 report on the findings of such review. ###

(e)Study on Waterborne Commerce Statistics ####

(1)In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the Waterborne Commerce Statistics Center of the Corps of Engineers that includes— #####

(A)an assessment of ways in which the Waterborne Commerce Statistics Center can improve the collection of information relating to all commercial maritime activity within the jurisdiction of a port, including the collection and reporting of records of fishery landings and aquaculture harvest; and #####

(B)recommendations to improve the collection of such information from non-Federal entities, taking into consideration— ######

(i)the cost, efficiency, and accuracy of collecting such information; and ######

(ii)the protection of proprietary information. ####

(2)Report Upon completion of the review conducted out under paragraph (1), the Comptroller General 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 report containing the results of such review. ###

(f)Study on the Integration of Information Into the National Levee Database ####

(1)In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the sharing of levee information, and the integration of such information into the National Levee Database, by the Corps of Engineers and the Federal Emergency Management Agency in accordance with section 9004 of the Water Resources Development Act of 2007 (33 U.S.C. 3303). ####

(2)Requirements In conducting the review under paragraph (1), the Comptroller General shall— #####

(A)investigate the information-sharing protocols and procedures between the Corps of Engineers and the Federal Emergency Management Agency regarding the construction of new Federal flood protection projects; #####

(B)analyze the timeliness of the integration of information relating to newly constructed Federal flood protection projects into the National Levee Database; #####

(C)identify any delays between the construction of a new Federal flood protection project and when a policyholder of the National Flood Insurance Program would realize a premium discount due to the construction of a new Federal flood protection project; and #####

(D)determine whether such information-sharing protocols are adversely impacting the ability of the Secretary to perform accurate benefit-cost analyses for future flood risk management activities. ####

(3)Report Upon completion of the review conducted under paragraph (1), the Comptroller General 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 report containing the results of such review. ###

(g)Audit of Joint Costs for Operation and Maintenance ####

(1)In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of the practices of the Corps of Engineers with respect to the determination of joint costs associated with operations and maintenance of reservoirs owned and operated by the Secretary. ####

(2)Report Upon completion of the review conducted under paragraph (1), the Comptroller General 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 report on the findings of such review and any recommendations that result from such review.

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