Sec. 134. Non-Federal Project Implementation Pilot Program
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Section 1043(b) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 note) is amended— in paragraph (7), by striking the date that is 5 years after the date of enactment of this Act and inserting September 30, 2026 ; in paragraph (8), by striking 2023 and inserting 2026 ; and by adding at the end the following: Not later than 120 days after the date of enactment of this paragraph, the Secretary shall issue guidance for the implementation of the pilot program that, to the extent practicable, identifies— the metrics for measuring the success of the pilot program; a process for identifying future projects to participate in the pilot program; measures to address the risks of a non-Federal interest constructing projects under the pilot program, including which entity bears the risk for projects that fail to meet the Corps of Engineers standards for design or quality; the laws and regulations that a non-Federal interest must follow in carrying out a project under the pilot program; and which entity bears the risk in the event that a project carried out under the pilot program fails to be carried out in accordance with the project authorization or this subsection.
The Secretary may not enter into a project partnership agreement under this subsection during the period beginning on the date of enactment of this paragraph and ending on the date on which the Secretary issues the guidance under subparagraph (A). . In carrying out the pilot program authorized under section 1043(b) of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2201 note), the Secretary is authorized to include a project authorized to be implemented by, or in accordance with, section 601 of the Water Resources Development Act of 2000, in accordance with such section 1043(b).
In the case of a project described in paragraph
(1)for which the non-Federal interest has initiated construction in compliance with authorities governing the provision of in-kind contributions for such project, the Secretary shall take into account the value of any in-kind contributions carried out by the non-Federal interest for such project prior to the date of execution of the project partnership agreement under section 1043(b) of the Water Resources Reform and Development Act of 2014 when determining the non-Federal share of the costs to complete construction of the project. Not later than 180 days after the date of enactment of this subsection, and in accordance with the guidance issued under section 1043(b)(9) of the Water Resources Reform and Development Act of 2014 (as added by this section), the Secretary shall issue any additional guidance that the Secretary determines necessary for the implementation of this subsection.
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Sec. 134
Non-Federal Project Implementation Pilot Program
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