Sec. 1153. Construction of water resources development projects by non-Federal interests
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/bill/115/s/3021/eah/section-1153A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. If a non-Federal interest for a water resources development project begins to carry out that water resources development project under this section, the non-Federal interest may request that the Secretary transfer to the non-Federal interest all relevant data and documentation under the control of the Secretary with respect to that water resources development project. Except as provided in subparagraph (C), the Secretary shall transfer the data and documentation requested by a non-Federal interest under subparagraph
(A)not later than the date that is 90 days after the date on which the non-Federal interest so requests such data and documentation. Nothing in this paragraph obligates the Secretary to share any data or documentation that the Secretary considers to be proprietary information. ; by amending subsection
(c)to read as follows: When requested by an appropriate non-Federal interest, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project to be undertaken under subsection (b), and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to furnish the United States funds for the studies, engineering, or technical assistance on construction in the period during which the studies, engineering, or technical assistance on construction are being conducted. Nothing in this section may be construed to waive any requirement of section 3142 of title 40, United States Code. Funds provided by non-Federal interests under this subsection shall not be eligible for credit or reimbursement under subsection (d). In carrying out this section, the Secretary shall ensure that the use of funds accepted from a non-Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or procedurally. ; 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. 1153
Construction of water resources development projects by non-Federal interests
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