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Code · BILL · 113th Congress · S. 601 (Reported in Senate) — To provide for the conservation and development of water and related resources, to authorize the Secretary of the Arm... · Sec. 2026

Sec. 2026. Non-Federal implementation of feasibility studies

1,011 words·~5 min read·/bill/113/s/601/rs/section-2026

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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, ecosystem restoration, and coastal harbor and channel and inland harbor navigation. The purposes of the pilot program are— to identify project delivery and cost-saving alternatives to the existing feasibility study process; to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out a feasibility study of 1 or more projects; and to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.
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— flood risk management; hurricane and storm damage reduction, including levees, floodwalls, flood control channels, and water control structures; coastal harbor and channel and inland harbor navigation; and ecosystem restoration. A non-Federal interest that has entered into an agreement with the Secretary pursuant to paragraph
(1)may use non-Federal funds to carry out the feasibility study. 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 section 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— non-Federal funds were used to carry out the activities that would have been the responsibility of the Secretary; the Secretary determines that the feasibility study complies with all applicable Federal laws and regulations; and the project is authorized by any provision of Federal law enacted after the date on which an agreement is entered into under paragraph (1). After the date on which an agreement is executed pursuant to paragraph (1), the Secretary may transfer to the non-Federal interest to carry out the feasibility study— 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 additional amounts, as determined by the Secretary, from amounts made available under subsection (h), 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. The Secretary shall include such provisions as the Secretary determines to be necessary in an agreement under paragraph
(1)to ensure that a non-Federal interest receiving Federal funds under this paragraph— has the necessary qualifications to administer those funds; and will comply with all applicable Federal laws (including regulations) relating to the use of those funds. 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. 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 paragraph
(3)are used in compliance with the agreement signed under paragraph (1). 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. Not later than 180 days after entering into an agreement under paragraph (1), 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. Nothing in this section 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 section. 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 a report detailing the results of the pilot program carried out under this section, including— a description of the progress of the non-Federal interests in meeting milestones in detailed project schedules developed pursuant to subsection (c)(7); and any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. 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 paragraph (1). If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. 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 section. The authority to commence a feasibility study under this section terminates on the date that is 5 years after the date of enactment of this Act. 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 section, including the costs of administration of the Secretary, $25,000,000 for each of fiscal years 2014 through 2018.
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