text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Flood Control Credit Act of 2013''.
  
  SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT.
  
      (a) In General.--Subject to subsection (b), the Secretary of the 
  Army may apply credit for in-kind contributions provided by a non-
  Federal interest that is in excess of the required non-Federal cost-
  share for a water resources study or project, including credit for in-
  kind contributions provided to accelerate completion of a water 
  resources study or project, toward the required non-Federal cost-share 
  for a different water resources study or project.
      (b) Restrictions.--
              (1) In general.--Except for subsection (a)(4)(D)(i) of that 
          section, the requirements of section 221 of the Flood Control 
          Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of 
          this Act) shall apply to any credit under this section.
              (2) Conditions.--Credit in excess of the non-Federal cost-
          share for a study or project may be approved under this section 
          only if--
                      (A) the non-Federal interest submits a 
                  comprehensive plan to the Secretary that identifies--
                              (i) the studies and projects for which the 
                          non-Federal interest intends to provide in-kind 
                          contributions for credit that is in excess of 
                          the non-Federal cost share for the study or 
                          project; and
                              (ii) the studies and projects to which that 
                          excess credit would be applied;
                      (B) the Secretary approves the comprehensive plan; 
                  and
                      (C) the total amount of credit does not exceed the 
                  total non-Federal cost-share for the studies and 
                  projects in the approved comprehensive plan.
      (c) Additional Criteria.--In evaluating a request to apply credit 
  in excess of the non-Federal cost-share for a study or project toward a 
  different study or project, the Secretary shall consider whether 
  applying that credit will--
              (1) help to expedite the completion of a project or group 
          of projects;
              (2) reduce costs to the Federal Government; and
              (3) aid the completion of a project that provides 
          significant flood risk reduction or environmental benefits.
      (d) Report.--
              (1) Deadlines.--
                      (A) In general.--Not later than 2 years after the 
                  date of enactment of this Act, the Secretary 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 
                  an interim report on the use of the authority under 
                  this section.
                      (B) Final report.--Not later than 5 years after the 
                  date of enactment of this Act, the Secretary 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 final report on the use of the authority under this 
                  section.
              (2) Inclusions.--The reports described in paragraph (1) 
          shall include--
                      (A) a description of the use of the authority under 
                  this section during the reporting period;
                      (B) an assessment of the impact of the authority 
                  under this section on the time required to complete 
                  projects; and
                      (C) an assessment of the impact of the authority 
                  under this section on other water resources projects.
  
  SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS.
  
      (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 
  (42 U.S.C. 1962d-5b(a)(4)) is amended--
              (1) in subparagraph (A), in the matter preceding clause (i) 
          by inserting ``or a project under an environmental 
          infrastructure assistance program'' after ``law'';
              (2) in subparagraph (C), by striking ``In any case'' and 
          all that follows through the period at the end and inserting 
          the following:
                              ``(i) Construction.--
                                      ``(I) In general.--In any case in 
                                  which the non-Federal interest is to 
                                  receive credit under subparagraph (A) 
                                  for the cost of construction carried 
                                  out by the non-Federal interest before 
                                  execution of a partnership agreement 
                                  and that construction has not been 
                                  carried out as of the date of enactment 
                                  of this subparagraph, the Secretary and 
                                  the non-Federal interest shall enter 
                                  into an agreement under which the non-
                                  Federal interest shall carry out such 
                                  work prior to the non-Federal interest 
                                  initiating construction or issuing a 
                                  written notice to proceed for the 
                                  construction.
                                      ``(II) Eligibility.--Construction 
                                  that is carried out after the execution 
                                  of an agreement to carry out work 
                                  described in subclause (I) and any 
                                  design activities that are required for 
                                  that construction, even if the design 
                                  activity is carried out prior to the 
                                  execution of the agreement to carry out 
                                  work, shall be eligible for credit.
                              ``(ii) Planning.--
                                      ``(I) In general.--In any case in 
                                  which the non-Federal interest is to 
                                  receive credit under subparagraph (A) 
                                  for the cost of planning carried out by 
                                  the non-Federal interest before 
                                  execution of a feasibility cost sharing 
                                  agreement, the Secretary and the non-
                                  Federal interest shall enter into an 
                                  agreement under which the non-Federal 
                                  interest shall carry out such work 
                                  prior to the non-Federal interest 
                                  initiating that planning.
                                      ``(II) Eligibility.--Planning that 
                                  is carried out by the non-Federal 
                                  interest after the execution of an 
                                  agreement to carry out work described 
                                  in subclause (I) shall be eligible for 
                                  credit.'';
              (3) in subparagraph (D)(iii), by striking ``sections 101 
          and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) 
          of the Water Resources Development Act of 1986 (33 U.S.C. 
          2211(a)(2); 33 U.S.C. 2213(a)(1)(A))'';
              (4) by redesignating subparagraph (E) as subparagraph (H);
              (5) by inserting after subparagraph (D) the following:
                      ``(E) Analysis of costs and benefits.--In the 
                  evaluation of the costs and benefits of a project, the 
                  Secretary shall not consider construction carried out 
                  by a non-Federal interest under this subsection as part 
                  of the future without project condition.
                      ``(F) Transfer of credit between separable elements 
                  of a project.--Credit for in-kind contributions 
                  provided by a non-Federal interest, under this section 
                  or section 104 of the Water Resources Development Act 
                  of 1986 (33 U.S.C. 2214), that are in excess of the 
                  non-Federal cost share for an authorized separable 
                  element of a project may be applied toward the non-
                  Federal cost share for a different authorized separable 
                  element of the same project or toward another 
                  authorized project, within the same watershed, for 
                  which the non-Federal interest has a cost share 
                  responsibility.
                      ``(G) Application of credit.--To the extent that 
                  credit for in-kind contributions, as limited by 
                  subparagraph (D), and credit for required land, 
                  easements, rights-of-way, dredged material disposal 
                  areas, and relocations provided by the non-Federal 
                  interest exceed the non-Federal share of the cost of 
                  construction of a project other than a navigation 
                  project, the Secretary shall reimburse the difference 
                  to the non-Federal interest, subject to the 
                  availability of funds.''; and
              (6) in subparagraph (H) (as redesignated by paragraph 
          (4))--
                      (A) in clause (i), by inserting ``, and to water 
                  resources projects authorized prior to the date of 
                  enactment of the Water Resources Development Act of 
                  1986 (Public Law 99-662), if correction of design 
                  deficiencies is necessary'' before the period at the 
                  end; and
                      (B) by striking clause (ii) and inserting the 
                  following:
                                              ``(ii) Authorization in 
                                          addition to specific credit 
                                          provision.--In any case in 
                                          which a specific provision of 
                                          law authorizes credit for in-
                                          kind contributions provided by 
                                          a non-Federal interest before 
                                          the date of execution of a 
                                          partnership agreement, the 
                                          Secretary may apply the 
                                          authority provided in this 
                                          paragraph to allow credit for 
                                          in-kind contributions provided 
                                          by the non-Federal interest on 
                                          or after the date of execution 
                                          of the partnership 
                                          agreement.''.
      (b) Applicability.--Section 2003(e) of the Water Resources 
  Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended by 
  inserting ``, or construction of design deficiency corrections on the 
  project,'' after ``construction on the project''.
      (c) Effective Date.--The amendments made by subsections (a) and (b) 
  take effect on November 8, 2007.
      (d) Guidelines.--
              (1) In general.--Not later than 1 year after the date of 
          enactment of this Act, the Secretary of the Army shall update 
          any guidance or regulations for carrying out section 221(a)(4) 
          of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as 
          amended by subsection (a)) that are in existence on the date of 
          enactment of this Act or issue new guidelines, as determined to 
          be appropriate by the Secretary.
              (2) Inclusions.--Any guidance, regulations, or guidelines 
          updated or issued under paragraph (1) shall include, at a 
          minimum--
                      (A) the milestone for executing an in-kind 
                  memorandum of understanding for construction by a non-
                  Federal interest;
                      (B) criteria and procedures for evaluating a 
                  request to execute an in-kind memorandum of 
                  understanding for construction by a non-Federal 
                  interest that is earlier than the milestone under 
                  subparagraph (A) for that execution; and
                      (C) criteria and procedures for determining whether 
                  work carried out by a non-Federal interest is integral 
                  to a project.
              (3) Public and stakeholder participation.--Before issuing 
          any new or revised guidance, regulations, or guidelines or any 
          subsequent updates to those documents, the Secretary shall--
                      (A) consult with affected non-Federal interests;
                      (B) publish the proposed guidelines developed under 
                  this subsection in the Federal Register; and
                      (C) provide the public with an opportunity to 
                  comment on the proposed guidelines.
      (e) Interim Period.--During the period beginning on the date of 
  enactment of this Act and ending on the date on which guidance, 
  regulations, or guidelines are updated or issued under subsection (d), 
  the Secretary shall process credit under section 104 of the Water 
  Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a 
  non-Federal interest, if--
              (1) the applicable non-Federal work meets the requirements 
          for credit under section 104; and
              (2) the applicable non-Federal work does not meet the 
          requirements for credit under existing guidelines for section 
          221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
      (f) Availability of Credit.--Credit for in-kind contributions 
  authorized under section 221 of the Flood Control Act of 1970 (42 
  U.S.C. 1962d-5b) or section 104 of the Water Resources Development Act 
  of 1986 (33 U.S.C. 2214) shall be available for work performed by a 
  non-Federal interest on any separable element of a project following 
  the identification by the Secretary of project alternatives as part of 
  a feasibility study or a general or limited reevaluation report.
      (g) Other Credit.--Nothing in section 221(a)(4) of the Flood 
  Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by 
  subsection (a)) affects any eligibility for credit under section 104 of 
  the Water Resources Development of 1986 (33 U.S.C. 2214) that was 
  approved by the Secretary prior to the date of enactment of this Act.
target: Flood Control Credit Act of 2013 - Authorizes the Secretary of the Army to apply credit for in-kind contributions by a non-federal interest that exceed the required non-federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of such a study or project, toward the required non-federal cost-share for a different water resources study or project. Allows credit in excess of non-federal cost-share for a study or project to be approved only if: (1) the non-federal interest submits a comprehensive plan to the Secretary that identifies the studies and projects for which it intends to provide in-kind contributions for credit that is in excess of the non-federal cost share for the study or project and the studies and projects to which that excess credit would be applied, (2) the Secretary approves such plan, and (3) the total amount of credit does not exceed the total non-federal cost-share for the studies and projects in the approved plan. Directs the Secretary to consider whether applying such credit will: (1) help to expedite the completion of a project or group of projects, (2) reduce federal government costs, and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. Amends the Flood Control Act of 1970 to:   allow a partnership agreement for the construction of a water resources project to require the Secretary to credit the value of in-kind contributions made by the non-federal interest toward the non-federal share of the cost of a project under an environmental infrastructure assistance program;  require the Secretary and the non-federal interest, in any case in which the non-federal interest is to receive credit for the cost of construction it carried out before execution of a partnership agreement and such construction has not been carried out as of the date of enactment of this Act, to enter into an agreement under which the non-federal interest shall carry out such work prior to initiating construction or issuing a written notice to proceed for the construction;  provide that construction that is carried out after the execution of such an agreement, and any design activities that are required for that construction, shall be eligible for credit;  allow credit for in-kind contributions provided by a non-federal interest that are in excess of the non-federal cost share for an authorized separable element of a project to be applied toward the non-federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-federal interest has a cost share responsibility; and  require the Secretary, to the extent that credit for in-kind contributions and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-federal interest exceed the non-federal share of the cost of construction of a project other than a navigation project, to reimburse the difference to the non-federal interest.   Requires credit for in-kind contributions authorized for a water resources project under the Flood Control Act of 1970 or a flood control project under the Water Resources Development Act of 1986 to be available for work performed by a non-federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report.
feat_title: Flood Control Credit Act of 2013