text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Reinvesting In Vital Economic Rivers 
  and Waterways Act of 2013'' or the ``RIVER Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that the inland waterways navigation system--
              (1) is an essential economic resource for the United 
          States;
              (2) serves as the most efficient sustainable transportation 
          mode for bulk commodities in the United States while 
          maintaining environmental resources; and
              (3) as of the date of enactment of this Act, is underfunded 
          and needs significant changes to remain viable in the future.
  
  SEC. 3. PURPOSES.
  
      The purpose of this Act is to establish a sustainable, cost-
  effective way to ensure that the inland and intracoastal waterways of 
  the United States remain economically viable through--
              (1) the redesign of the program and project management 
          process applicable to the construction and major rehabilitation 
          of navigation projects on those waterways;
              (2) the continued development and improvement of inland 
          waterways navigation systems;
              (3) enhanced efficiency of inland waterways navigation 
          project completion schedules; and
              (4) inland waterways navigation capital investments to 
          ensure that projects can be completed in a reasonable timeframe 
          and to allow maximum systemwide benefits.
  
  SEC. 4. DEFINITIONS.
  
      In this Act:
              (1) Inland and intracoastal waterways.--The term ``inland 
          and intracoastal waterways'' means the inland and intracoastal 
          waterways of the United States described in section 206 of the 
          Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
              (2) Inland waterway users board.--The term ``Inland 
          Waterway Users Board'' means the Inland Waterway Users Board 
          established by section 302 of the Water Resources Development 
          Act of 1986 (33 U.S.C. 2251).
              (3) 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 
          $50,000,000.
              (4) Qualifying project.--The term ``qualifying project'' 
          means any construction or major rehabilitation project for 
          navigation infrastructure of the inland and intracoastal 
          waterways that is--
                      (A) authorized before, on, or after the date of 
                  enactment of this Act;
                      (B) not completed as of the date of enactment of 
                  this Act; and
                      (C) funded at least in part from the Inland 
                  Waterways Trust Fund established by section 9506 of the 
                  Internal Revenue Code of 1986.
              (5) Secretary.--The term ``Secretary'' means the Secretary 
          of the Army, acting through the Chief of Engineers.
  
  SEC. 5. PROJECT DELIVERY PROCESS REFORMS.
  
      (a) In General.--The Secretary shall promulgate regulations that, 
  at a minimum, shall require for each qualifying project--
              (1) a cost estimation that is risk-based and has a 
          confidence level of not less than 80 percent;
              (2) an independent external peer review and submission to 
          Congress (in the case of a feasibility report) or the Secretary 
          (in the case of a rehabilitation evaluation report) for any 
          qualifying project--
                      (A) that--
                              (i) has an estimated total project cost 
                          greater than $45,000,000;
                              (ii) is subject to public safety concerns, 
                          as determined by the Secretary;
                              (iii) involves a high level of complexity 
                          or novel or precedent-setting approaches, as 
                          determined by the Secretary; or
                              (iv) is identified by the Secretary as a 
                          matter of significant interagency interest; or
                      (B) for which a review has been requested by the 
                  Governor of any State affected by the project;
              (3) the appointment to a project development team for the 
          qualifying project of a member of the Inland Waterways Users 
          Board, as selected by a majority of the Inland Waterways Users 
          Board;
              (4) a quarterly update submitted to the Inland Waterways 
          Users Board of the status of a qualifying project that is under 
          construction;
              (5) the inclusion of the Chairman of the Inland Waterways 
          Users Board and the project development team appointee under 
          paragraph (3) as signatories of the project management plan for 
          a qualifying project;
              (6) 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 projects;
              (7) the evaluation, including through the use of 1 or more 
          pilot projects, of early contractor involvement acquisition 
          procedures to improve on-time and on-budget project delivery 
          performance; and
              (8) any additional measures that the Secretary determines 
          will achieve the purposes of this Act, including, as determined 
          appropriate by the Secretary--
                      (A) the implementation of applicable practices and 
                  procedures drawn from the management of the military 
                  construction program by the Secretary;
                      (B) the development and use of a portfolio of 
                  standard designs for inland navigation locks;
                      (C) the use of full-funding contracts or the 
                  formulation of a revised continuing contracts 
                  provision; and
                      (D) the establishment of procedures for 
                  recommending new project construction starts using a 
                  capital projects business model.
      (b) Report Requirement.--
              (1) In general.--For each fiscal year, the Secretary shall 
          submit to Congress a report that describes each project, if 
          any, that receives more than 50 percent of the total amount of 
          funds made available in that fiscal year under the Inland 
          Waterways Trust Fund established by section 9506 of the 
          Internal Revenue Code of 1986.
              (2) Requirement.--For each project described in paragraph 
          (1) that exceeds the estimated cost of carrying out that 
          project for 3 or more consecutive years, the Secretary shall 
          include in the report submitted under that paragraph 
          alternative financing plans for the project.
  
  SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM.
  
      (a) Program Required.--
              (1) In general.--Not later than 1 year after the date of 
          enactment of this Act, the Secretary, in conjunction with the 
          Inland Waterways Users Board, shall submit to Congress a 20-
          year program for making capital investments on the inland and 
          intracoastal waterways, which shall include plans to update 
          communications technology and be based on the application of 
          objective national project-selection prioritization criteria, 
          as developed by the Secretary.
              (2) Contents.--The 20-year program described in paragraph 
          (1) may be based on the 20-year capital investment strategy 
          contained in the Inland Marine Transportation System Capital 
          Projects Business Model, Final Report published on April 13, 
          2010, as approved by the Inland Waterways Users Board.
      (b) Annual Review and Update.--
              (1) In general.--Beginning not later than 1 year after the 
          date on which a 20-year program is submitted to Congress under 
          subsection (a), and each year thereafter, the Secretary, in 
          conjunction with the Inland Waterways Users Board, shall submit 
          to Congress an updated 20-year program.
              (2) Contents.--The updated program described in paragraph 
          (1) shall include an identification and explanation of any 
          changes that were made to the project-specific recommendations 
          included in the previous 20-year program, including any changes 
          that were made to the objective national project-selection 
          prioritization criteria used to develop the updated 
          recommendations.
      (c) Strategic Review and Update.--
              (1) In general.--Not later than 5 years after the date of 
          enactment of this Act, and every 5 years thereafter, the 
          Secretary, in conjunction with the Inland Waterways Users 
          Board, shall submit to Congress a strategic review of the 
          capital investment program for the Inland Marine Transportation 
          System, including any revisions to the program that the 
          Secretary and the Users Board jointly consider to be 
          appropriate.
              (2) Inclusions.--The review described in paragraph (1) 
          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 efficiency.
  
  SEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST 
                FUND.
  
      Section 9506 of the Internal Revenue Code of 1986 is amended--
              (1) in subsection (c)(1), by--
                      (A) inserting ``and subject to subsection (d),'' 
                  after ``Except as provided in paragraph (2),''; and
                      (B) inserting before the period at the end ``, 
                  provided that such expenditures may not exceed 50 
                  percent of the total cost of the construction or 
                  rehabilitation''; and
              (2) by inserting at the end the following:
      ``(d) Limitation on Expenditures From Trust Fund.--
              ``(1) In general.--Amounts in the Inland Waterways Trust 
          Fund shall not be available for expenditures for--
                      ``(A) construction or rehabilitation of dams, or
                      ``(B) any rehabilitation expenditure that does not 
                  equal or exceed $50,000,000.
              ``(2) 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--
                      ``(A) the amount equal to--
                              ``(i) the total authorized cost to 
                          construct the Federal project as specified in 
                          the Public Law that authorized construction of 
                          the project or, in the case of a rehabilitation 
                          project, in the relevant rehabilitation 
                          evaluation report, multiplied by
                              ``(ii) the cost-of-living adjustment 
                          determined under section 1(f)(3) for the year 
                          in which construction or rehabilitation under 
                          the project begins (determined by substituting 
                          the year that precedes the calendar year in 
                          which such project was authorized for `1992' in 
                          subparagraph (B) of such section), and
                      ``(B) any additional amount that is jointly agreed 
                  to by the Secretary and the Inland Waterways Users 
                  Board as appropriate to the project.''.
  
  SEC. 8. REVISION TO INLAND WATERWAYS USER FEE.
  
      Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is 
  amended to read as follows:
                      ``(A) The Inland Waterways Trust Fund financing 
                  rate is the rate determined in accordance with the 
                  following table:
  
                                                              The tax per
  ``If the use occurs:                                         gallon is:
          During 2013........................................   20 cents 
          After 2013......................................... 29 cents''.
target: Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate (user fee) from 20 cents to 29 cents after 2013. 
feat_title: Reinvesting In Vital Economic Rivers and Waterways Act of 2013