Sec. 1109. STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS
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## SEC. 1109 STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS ###
(a)In General Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (1)— ######
(i)by striking “ may undertake a federally authorized feasibility study of a proposed water resources development project, or, ” and inserting the following: > “may undertake and submit to the Secretary— > > > ##### “(A) > > a federally authorized feasibility study of a proposed water resources development project; or” > ; ######
(ii)by striking “ upon the written approval ” and inserting the following: > > ##### “(B) > > upon the determination” > ; ######
(iii)in subparagraph
(B)(as so designated)— ######
(I)by striking “undertake”; and ######
(II)by striking “, and submit the study to the Secretary” and inserting “or constructed by a non-Federal interest pursuant to section 204”; #####
(B)in paragraph (2)— ######
(i)in the matter preceding subparagraph (A)— ######
(I)by striking “, as soon as practicable,”; and ######
(II)by striking “non-Federal interests to” and inserting “non-Federal interests that”; ######
(ii)by striking subparagraph
(A)and inserting the following: > > ##### “(A) > > provide clear, concise, and transparent guidance for the non-Federal interest to use in developing a feasibility study that complies with requirements that would apply to a feasibility study undertaken by the Secretary;” > ; ######
(iii)in subparagraph (B), by striking the period at the end and inserting a semicolon; and ######
(iv)by adding at the end the following: > > ##### “(C) > > provide guidance to a non-Federal interest on obtaining support from the Secretary to complete elements of a feasibility study that may be considered inherently governmental and required to be done by a Federal agency; and > > > ##### “(D) > > provide contacts for employees of the Corps of Engineers that a non-Federal interest may use to initiate coordination with the Secretary and identify at what stages coordination may be beneficial.” > ; and #####
(C)by adding at the end the following: > > #### “(3) Determination > > If a non-Federal interest requests to undertake a feasibility study on a modification to a constructed water resources development project under paragraph (1)(B), the Secretary shall expeditiously provide to the non-Federal interest the determination required under such paragraph with respect to whether conceptual modifications, as presented by the non-Federal interest, are consistent with the authorized purposes of the project.” > ; ####
(2)in subsection (b)— #####
(A)in paragraph (3)— ######
(i)in subparagraph (B), by striking “receives a request under this paragraph” and inserting “receives a study submission under subsection
(a)or receives a request under subparagraph (A)”; and ######
(ii)by adding at the end the following: > > ##### “(C) Additional information required > > The Secretary shall notify a non-Federal interest if, upon initial review of a submission received under subsection
(a)or a receipt of a request under subparagraph (A), the Secretary requires additional information to perform the required analyses, reviews, and compliance processes and include in such notification a detailed description of the required information.” > ; #####
(B)by striking paragraph
(4)and inserting the following: > > #### “(4) Notification > > Upon receipt of a study submission under subsection
(a)or receipt of a request under paragraph (3)(A), 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 submission or request and a timeline for completion of the required analyses, reviews, and compliance processes and shall notify the non-Federal interest of such timeline.” > ; and #####
(C)in paragraph (5), by striking “receiving a request under paragraph (3)” and inserting “receiving a study submission under subsection
(a)or a request under paragraph (3)(A)”; ####
(3)in subsection (d)— #####
(A)by striking “ If a project ” and inserting the following: > > #### “(1) In general > > If a project” > ; #####
(B)by inserting “or modification to the project” before “an amount equal to”; and #####
(C)by adding at the end the following: > > #### “(2) Maximum amount > > Any credit provided to a non-Federal interest under this subsection may not exceed the Federal share of the cost for a feasibility study initiated by the Secretary under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)).” > ; and ####
(4)by adding at the end the following: > > ### “(f) Authorization of Appropriations > > There is authorized to be appropriated to the Secretary $1,000,000 for each fiscal year to carry out this section.” > . ###
(b)Guidance **[**[33 U.S.C. 2231 note](/us/usc/t33/s2231)**]** 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. ###
(c)Implementation **[**[33 U.S.C. 2231 note](/us/usc/t33/s2231)**]** Any non-Federal interest that has entered in a written agreement with the Secretary related to carrying out a feasibility study pursuant to section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) 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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Sec. 1109
STUDY OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS
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