Sec. 1139. ABILITY TO PAY

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## SEC. 1139 ABILITY TO PAY ###

(a)In General Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) is amended— ####

(1)by striking paragraphs

(2)and

(3)and inserting the following: > > #### “(2) Criteria > > The Secretary shall determine the ability of a non-Federal interest to pay under this subsection by considering— > > > ##### “(A) > > per capita income data for the county or counties in which the project is to be located; > > > ##### “(B) > > the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; > > > ##### “(C) > > the financial capabilities of the non-Federal interest for the project; > > > ##### “(D) > > the extent to which the non-Federal interest is an economically disadvantaged community (as defined pursuant to section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)); and > > > ##### “(E) > > any additional criteria relating to the non-Federal interest’s financial ability to carry out its cost-sharing responsibilities determined appropriate by the Secretary. > > > #### “(3) Procedures > > For purposes of carrying out paragraph (2), the Secretary shall develop procedures— > > > ##### “(A) > > to allow a non-Federal interest to identify the amount such non-Federal interest would likely be able to pay; and > > > ##### “(B) > > for a non-Federal interest to submit a request to the Secretary to reduce the required non-Federal share.” > ; and ####

(2)by adding at the end the following: > > #### “(5) Exception > > This subsection shall not apply to project costs greater than the national economic development plan. > > > #### “(6) Report > > > ##### “(A) In general > > Not less frequently than annually, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing all determinations of the Secretary under this subsection regarding the ability of a non-Federal interest to pay. > > > ##### “(B) Contents > > The Secretary shall include in each report required under subparagraph

(A)a description, for the applicable year, of— > > > ###### “(i) > > requests by a non-Federal interest to reduce the non-Federal share required in a cost-sharing agreement, including— > > > ###### “(I) > > the name of the non-Federal interest that submitted to the Secretary a request for a determination under this subsection; and > > > ###### “(II) > > the name and location of the project; > > > ###### “(ii) > > the determination of the Secretary with respect to each such request; > > > ###### “(iii) > > the basis for each such determination; and > > > ###### “(iv) > > the adjusted share of the costs of the project of the non-Federal interest, if applicable. > > > ##### “(C) Inclusion in chief’s report > > The Secretary may include a determination to reduce the non-Federal share required in a cost-sharing agreement for construction of a project in the report of the Chief of Engineers for the project.” > . ###

(b)Update to Guidance **[**[33 U.S.C. 2213 note](/us/usc/t33/s2213)**]** Not later than 1 year after the date of enactment of this Act, the Secretary shall update any agency guidance or regulation relating to the ability of a non-Federal interest to pay as necessary to reflect the amendments made by this section. ###

(c)Priority Projects The Secretary shall make a determination under section 103(m) of the Water Resources Development Act of 1986, as amended by this section, of the ability to pay of the non-Federal interest for the following projects: ####

(1)Any authorized water resources development project for which the Secretary waives the cost-sharing requirement under section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310). ####

(2)Any authorized watercraft inspection and decontamination station established, operated, or maintained pursuant to section 104(d) of the River and Harbor Act of 1958 (33 U.S.C. 610(d)). ####

(3)The Chattahoochee River Program, authorized by section 8144 of the Water Resources Development Act of 2022 (136 Stat. 3724). ####

(4)The project for navigation, Craig Harbor, Alaska, authorized by section 1401(1) of the Water Resources Development Act of 2016 (130 Stat. 1709). ####

(5)The project for flood risk management, Westminster, East Garden Grove, California Flood Risk Management, authorized by section 401(2) of the Water Resources Development Act of 2020 (134 Stat. 2735). ####

(6)Modifications to the L-29 levee component of the Central and Southern Florida project, authorized by section 203 of the Flood Control Act of 1948 (62 Stat. 1176), in the vicinity of the Tigertail camp. ####

(7)Any authorized water resources development projects in Guam. ####

(8)The project for flood risk management, Ala Wai Canal, Hawaii, authorized by section 1401(2) of the Water Resources Development Act of 2018 (132 Stat. 3837). ####

(9)The project for flood control Kentucky River and its tributaries, Kentucky, authorized by section 6 of the Act of August 11, 1939 (chapter 699, 53 Stat. 1416). ####

(10)The project for flood risk management on the Kentucky River and its tributaries and watersheds in Breathitt, Clay, Estill, Harlan, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe Counties, Kentucky, authorized by section 8201(a)(31) of the Water Resources Development Act of 2022 (136 Stat. 3746). ####

(11)The project for flood control, Williamsport, Pennsylvania, authorized by section 5 of the Act of June 22, 1936 (chapter 688, 49 Stat. 1573). ####

(12)The project for ecosystem restoration, Resacas, in the vicinity of the City of Brownsville, Texas, authorized by section 1401(5) of the Water Resources Development Act of 2018 (132 Stat. 3839). ####

(13)Construction of any critical restoration project in the Lake Champlain watershed, Vermont and New York, authorized by section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2680; 136 Stat. 3822). ####

(14)Any authorized flood control and storm damage reduction project in the United States Virgin Islands that was impacted by Hurricanes Irma and Maria. ####

(15)Construction of dredged material stabilization and retaining structures related to the project for navigation, Lower Willamette and Columbia Rivers, from Portland, Oregon, to the sea, authorized by the first section of the Act of June 18, 1878 (chapter 267, 20 Stat. 157, chapter 264). ####

(16)Any water-related environmental infrastructure project authorized by section 219 of the Water Resources Development Act of 1992 (Public Law 102-580).

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