Sec. 1014. STUDY AND CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS

1,717 words·~8 min read·/statute-compilations/comps-11481/sec-1014

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1014 STUDY AND CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS ###

(a)Studies Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended to read as follows: > > ## “SEC. 203 STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS > > > ### “(a) Submission to Secretary > > > #### “(1) In general > > A non-Federal interest may undertake a feasibility study of a proposed water resources development project and submit the study to the Secretary. > > > #### “(2) Guidelines > > To assist non-Federal interests, the Secretary, as soon as practicable, shall issue guidelines for feasibility studies of water resources development projects to provide sufficient information for the formulation of the studies. > > > ### “(b) Review by Secretary > > The Secretary shall review each feasibility study received under subsection (a)(1) for the purpose of determining whether or not the study, and the process under which the study was developed, each comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. > > > ### “(c) Submission to Congress > > Not later than 180 days after the date of receipt of a feasibility study of a project under subsection (a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— > > > #### “(1) > > the results of the Secretary’s review of the study under subsection (b), including a determination of whether the project is feasible; > > > #### “(2) > > any recommendations the Secretary may have concerning the plan or design of the project; and > > > #### “(3) > > any conditions the Secretary may require for construction of the project. > > > ### “(d) Credit > > If a project for which a feasibility study has been submitted under subsection (a)(1) is authorized by a Federal law enacted after the date of the submission to Congress under subsection (c), the Secretary shall credit toward the non-Federal share of the cost of construction of the project an amount equal to the portion of the cost of developing the study that would have been the responsibility of the United States if the study had been developed by the Secretary.” > . ###

(b)Construction ####

(1)In general Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended to read as follows: > > ## “SEC. 204 CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS > > > ### “(a) Water Resources Development Project Defined > > In this section, the term ‘water resources development project’ means a project recommendation that results from— > > > #### “(1) > > a feasibility report, as such term is defined in section 7001(f) of the Water Resources Reform and Development Act of 2014; > > > #### “(2) > > a completed feasibility study developed under section 203; or > > > #### “(3) > > a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. > > > ### “(b) Authority > > > #### “(1) In general > > A non-Federal interest may carry out a water resources development project, or separable element thereof— > > > ##### “(A) > > in accordance with a plan approved by the Secretary for the project or separable element; and > > > ##### “(B) > > subject to any conditions that the Secretary may require, including any conditions specified under section 203(c)(3). > > > #### “(2) Conditions > > Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall— > > > ##### “(A) > > obtain any permit or approval required in connection with the project or separable element under Federal or State law; and > > > ##### “(B) > > ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. > > > ### “(c) Studies and Engineering > > When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary studies and engineering for any construction 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 in the period during which the studies and engineering are being conducted. > > > ### “(d) Credit or Reimbursement > > > #### “(1) General rule > > Subject to paragraph (3), a project or separable element of a project carried out by a non-Federal interest under this section shall be eligible for credit or reimbursement for the Federal share of work carried out on a project or separable element of a project if— > > > ##### “(A) > > before initiation of construction of the project or separable element— > > > ###### “(i) > > the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest; > > > ###### “(ii) > > the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and > > > ###### “(iii) > > 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; and > > > ##### “(B) > > the Secretary determines that all Federal laws and regulations applicable to the construction of a water resources development project, and any conditions identified under subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the project or separable element of the project. > > > #### “(2) Application of credit > > The Secretary may apply credit toward— > > > ##### “(A) > > the non-Federal share of authorized separable elements of the same project; or > > > ##### “(B) > > subject to the requirements of this section and section 1020 of the Water Resources Reform and Development Act of 2014, at the request of the non-Federal interest, the non-Federal share of a different water resources development project. > > > #### “(3) Requirements > > The Secretary may only apply credit or provide reimbursement under paragraph

(1)if— > > > ##### “(A) > > Congress has authorized construction of the project or separable element of the project; and > > > ##### “(B) > > the Secretary certifies that the project has been constructed in accordance with— > > > ###### “(i) > > all applicable permits or approvals; and > > > ###### “(ii) > > this section. > > > #### “(4) Monitoring > > The Secretary shall regularly monitor and audit any water resources development project, or separable element of a water resources development project, constructed by a non-Federal interest under this section to ensure that— > > > ##### “(A) > > the construction is carried out in compliance with the requirements of this section; and > > > ##### “(B) > > the costs of the construction are reasonable. > > > ### “(e) Notification of Committees > > If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a project, or separable element thereof, under this section, the Secretary shall provide written notice to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the intent of the non-Federal interest. > > > ### “(f) Operation and Maintenance > > Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 101(b) if— > > > #### “(1) > > before construction of the improvements— > > > ##### “(A) > > the Secretary determines that the improvements are feasible and consistent with the purposes of this title; and > > > ##### “(B) > > the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; > > > #### “(2) > > the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and > > > #### “(3) > > the Secretary does not find that the project or separable element is no longer feasible.” > . ###

(c)Repeals The following provisions are repealed: ####

(1)Section 404 of the Water Resources Development Act of 1990 (33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act. ####

(2)Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i-1) and the item relating to that section in the table of contents contained in section 1(b) of that Act. ####

(3)Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13) and the item relating to that section in the table of contents contained in section 1(b) of that Act. ###

(d)Savings Provision **[**[22 U.S.C. 2232 note](/us/usc/t22/s2232)**]** Nothing in this section may be construed to affect an agreement in effect on the date of enactment of this Act, or an agreement that is finalized between the Corps of Engineers and a non-Federal interest on or before December 31, 2014, under any of the following sections (as such sections were in effect on the day before such date of enactment): ####

(1)Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232). ####

(2)Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i-1). ####

(3)Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13).

Connectionstraces to 5

Traces to 5 documents

U.S. Code

2 references not yet in our index

104 Stat. 4646
22 USC 2232

Citation graph

cites case law

Sec. 1014

STUDY AND CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS

Stat.104 Stat. 4646

Cite22 USC 2232

Cites 7Cited by 0 across 0 sources