Sec. 117. Federal interest determination
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Section 905 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2282 ) is amended by inserting after subsection
(a)the following: In preparing a feasibility report under subsection
(a)for a study that will benefit an economically disadvantaged community, upon request by the non-Federal interest for the study, the Secretary shall first determine the Federal interest in carrying out the study and the projects that may be proposed in the study. In preparing a feasibility report under subsection
(a)for a study that will benefit a covered community, upon request by the non-Federal interest for the study, the Secretary may, with respect to not more than 3 studies in each fiscal year, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study. In this subparagraph, the term covered community means a community that— is not an economically disadvantaged community; and the Secretary finds has a compelling need for the Secretary to make a determination under clause (i). The costs of a determination under paragraph (1)— shall be at Federal expense; and shall not exceed $200,000. A determination under paragraph
(1)shall be completed by not later than 120 days after the date on which funds are made available to the Secretary to carry out the determination. The period during which a determination is being completed under paragraph
(1)for a study shall not be included for purposes of the deadline to complete a final feasibility report under section 1001(a)(1) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c(a)(1) ). The cost of a determination under paragraph
(1)shall not be included for purposes of the maximum Federal cost under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2282c(a)(2) ). If, based on a determination under paragraph (1), the Secretary determines that a study or project is not in the Federal interest because the project will not result, or is unlikely to result, in a recommended plan that will produce national economic development benefits greater than cost, but may result in a technically sound and environmentally acceptable plan that is otherwise consistent with section 904 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2281 ), the Secretary shall issue a report to the non-Federal interest with recommendations on how the non-Federal interest might modify the proposal such that the project could be in the Federal interest and feasible. .
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