Sec. 161. Studies of water resources development projects by non-Federal interests
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Section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 ) is amended— in subsection (a)— in paragraph (1), by inserting , or, upon the written approval of the Secretary that the modifications are consistent with the authorized purposes of the project, undertake a feasibility study on modifications to a water resources development project constructed by the Corps of Engineers, after water resources development project ; and in paragraph (2), by striking for feasibility studies and all that follows through the period at the end and inserting for the formulation of feasibility studies of water resources development projects undertaken by non-Federal interests to— ensure that any feasibility study with respect to which the Secretary submits an assessment to Congress under subsection
(c)complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and provide sufficient information for the formulation of the studies, including processes and procedures related to reviews and assistance under subsection (e). ; in subsection (b)— by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: The Secretary may not submit to Congress an assessment of a feasibility study under this section until such time as the Secretary— determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the Secretary; and completes all of the Federal analyses, reviews, and compliance processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), that would be required with respect to the proposed project if the Secretary had undertaken the feasibility study. The non-Federal interest may submit to the Secretary a request that the Secretary initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to the proposed project prior to the non-Federal interest’s submission of a feasibility study under subsection (a)(1). Receipt by the Secretary of a request submitted under clause
(i)shall be considered the receipt of a proposal or application that will lead to a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) that would be required if the Secretary were to undertake the feasibility study. Not later than 10 days after the Secretary receives a request under this paragraph, the Secretary shall begin the required analyses, reviews, and compliance processes. Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the request and a timeline for completion of the required analyses, reviews, and compliance processes. Not later than 30 days after receiving a request under paragraph (3), and every 30 days thereafter until the Secretary submits an assessment under subsection
(c)for the applicable feasibility study, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the non-Federal interest of the status of the Secretary’s required analyses, reviews, and compliance processes. ; and in subsection (c)(1), in the matter preceding subparagraph (A)— by striking after the date of receipt of a feasibility study of a project under subsection (a)(1) and insert after the completion of review of a feasibility study under subsection
(b); and by striking a report and inserting an assessment . Not later than 90 days after the date of enactment of this Act, the Secretary shall issue revised guidelines under section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 ) to implement the amendments made by this section. The amendments made by this section shall not apply to any feasibility study submitted to the Secretary under section 203 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2231 ) during the one-year period prior to the date of enactment of this section. The amendments made by this section shall not apply to any project authorized by section 403 of this Act.
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Sec. 161
Studies of water resources development projects by non-Federal interests
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