Sec. 1003. Project review
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For a project that is authorized by Federal law as of the date of enactment of this Act, the Secretary may modify the authorized project cost set under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 )— by submitting the required certification and additional information to Congress in accordance with subsection (b); and after receiving an appropriation of funds in accordance with subsection (b)(3)(B). The certification to Congress under subsection
(a)shall include a certification by the Secretary that— expenditures above the authorized cost of the project are necessary to protect life and safety or property, maintain critical navigation routes, or restore ecosystems; the project continues to provide benefits identified in the report of the Chief of Engineers for the project; and for projects under construction— a temporary stop or delay resulting from a failure to increase the authorized cost of the project will increase costs to the Federal Government; and the amount requested for the project in the budget of the President or included in a work plan for the expenditure of funds for the fiscal year during which the certification is submitted will exceed the authorized cost of the project. The information provided to Congress about the project under subsection
(a)shall include, at a minimum— a comprehensive review of the project costs and reasons for exceeding the authorized limits set under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ); an expedited analysis of the updated benefits and costs of the project; and the revised cost estimate level for completing the project. The Secretary may not change the authorized project costs under subsection
(a)unless— a certification and required information is submitted to Congress under subsection (b); and after such submission, amounts are appropriated to initiate or continue construction of the project in an appropriations or other Act. If the cost to complete construction of an authorized water resources project would exceed the limitations on the maximum cost of the project under section 902 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2280 ), the Secretary may complete construction of the project, notwithstanding the limitations imposed by that section if— construction of the project is at least 70 percent complete at the time the cost of the project is projected to exceed the limitations; and the Federal cost to complete construction is less than $5,000,000. The authority of the Secretary under this section terminates on the date that is 3 years after the date of enactment of this Act.
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