Sec. 105. 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 (c)(1)— by striking an appropriate non-Federal interest and inserting a non-Federal interest carrying out a project, or separable element of a project, under this section ; by striking on construction for any project and inserting for the construction of any project or separable element ; and by inserting , consistent with the authorized cost share for the project, after United States funds ; in subsection (d)— in paragraph (1)(A), by striking clauses
(i)through
(iii)and inserting the following: the non-Federal interest— enters into a written agreement with the Secretary under section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; makes any information relevant to carrying out the project available to the Secretary to review; and identifies features of the project or separable element that are outside the scope of the authorized project; and the Secretary— reviews the plans for construction by the non-Federal interest; determines the project outputs are consistent with the authorized project and construction would not result in life safety concerns; determines that the plans comply with applicable Federal laws and regulations; and verifies that the construction documents, including supporting information, have been signed by an Engineer of Record; and ; in paragraph (3)— by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), respectively; and by inserting after subparagraph
(A)the following: the non-Federal interest has obligated or expended funds for the cost of a discrete segment or separable element thereof and has requested reimbursement of the Federal share of the cost of the discrete segment or separable element; ; and in subparagraph
(C)(as so redesignated), by inserting , discrete segment of the project, or separable element of the project, after the project ; in paragraph (5)— by striking subparagraph (A)(ii) and inserting the following: before the review and approval of plans under paragraph (1)(A)(ii), the Secretary makes the determinations required under subclauses
(II)and
(III)of paragraph (1)(A)(ii) with respect to the discrete segment. ; in subparagraph (B)(ii), by striking plans approved under paragraph (1)(A)(i) and inserting the plans reviewed under paragraph (1)(A)(ii) ; in subparagraph (C)(i), by striking paragraph (1)(A)(iii) and inserting paragraph (1)(A)(i) ; and in subparagraph (D)(i) by striking paragraph (1)(A)(iii) and inserting paragraph (1)(A)(i) ; and by adding at the end the following: The Secretary may not provide credit or reimbursement for— activities required by the non-Federal interest to initiate design and construction that would otherwise not be required by the Secretary; or delays incurred by the non-Federal interest resulting in project cost increases. ; and by adding at the end the following: There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each fiscal year. . Not later than 18 months after the date of enactment of this Act, the Secretary shall update any guidance as necessary to reflect the amendments made by this section. Any non-Federal interest that has entered in a written agreement with the Secretary to carry out a water resources development project pursuant to section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ) before the date of enactment of this Act may submit to the Secretary a request to amend such agreement to reflect the amendments made by this section.
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- 42 USC 1962d–5b
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Sec. 105
Construction of water resources development projects by non-Federal interests
Cite42 USC 1962d–5b
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