Sec. 123. Construction of water resources development projects by non-Federal interests
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Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ) is amended— in subsection (b)— in paragraph (1), in the matter preceding subparagraph (A), by inserting federally authorized before water resources development project ; in paragraph (2)(A), by inserting , except as provided in paragraph
(3)before the semicolon; and by adding at the end the following: For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph
(B)has been entered into, a non-Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation. For purposes of this paragraph, a written agreement shall provide that the non-Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary. Notwithstanding subparagraph (A), if a non-Federal interest carrying out a project under this section would, in the absence of a written agreement entered into under this paragraph, be required to obtain a certification from a State under Federal law to carry out the project, such certification shall still be required if a written agreement is entered into with respect to the project under this paragraph. ; and in subsection (d)— in paragraph (3)— in subparagraph (A), by striking ; and and inserting a semicolon; in subparagraph (B)(ii), by striking the period at the end and inserting ; and ; and by adding at the end the following: in the case of reimbursement, appropriations are provided by Congress for such purpose. ; and in paragraph (5)— by striking flood damage reduction each place it appears and inserting water resources development ; in subparagraph (A), by striking for a discrete segment of a and inserting for carrying out a discrete segment of a federally authorized ; and in subparagraph (D), in the matter preceding clause (i), by inserting to be carried out after project .
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Sec. 123
Construction of water resources development projects by non-Federal interests
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