Sec. 1142. FEDERAL INTEREST DETERMINATIONS
579 words·~3 min read·
/statute-compilations/comps-18105/sec-1142A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1142 FEDERAL INTEREST DETERMINATIONS Section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)) is amended— ####
(1)by striking paragraph
(1)and inserting the following: > > #### “(1) In general > > > ##### “(A) Identification > > As part of the submission of a work plan to Congress pursuant to the joint explanatory statement for an annual appropriations Act or as part of the submission of a spend plan to Congress for a supplemental appropriations Act under which the Corps of Engineers receives funding, the Secretary shall identify the studies in the plan— > > > ###### “(i) > > for which the Secretary plans to prepare a feasibility report under subsection
(a)that will benefit— > > > ###### “(I) > > an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)); or > > > ###### “(II) > > a community other than a community described in subclause (I); and > > > ###### “(ii) > > that are designated as a new start under the work plan. > > > ##### “(B) Determination > > > ###### “(i) In general > > After identifying the studies under subparagraph
(A)and subject to subparagraph (C), the Secretary shall, with the consent of the applicable non-Federal interest for the study, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study. > > > ###### “(ii) Feasibility cost share agreement > > The Secretary may make a determination under clause
(i)prior to the execution of a feasibility cost share agreement between the Secretary and the non-Federal interest. > > > ##### “(C) Limitation > > For each fiscal year, the Secretary may not make a determination under subparagraph
(B)for more than 20 studies identified under subparagraph (A)(i)(II). > > > ##### “(D) Application > > > ###### “(i) In general > > Subject to clause
(ii)and with the consent of the non-Federal interest, the Secretary may use the authority provided under this subsection for a study in a work plan submitted to Congress prior to the date of enactment of this paragraph if the study otherwise meets the requirements described in subparagraph (A). > > > ###### “(ii) Limitation > > Subparagraph
(C)shall apply to the use of authority under clause (i).” > ; ####
(2)in paragraph (2)— #####
(A)in subparagraph (A), by striking “and” at the end; #####
(B)in subparagraph (B)— ######
(i)by striking “$200,000” and inserting “$300,000”; and ######
(ii)by striking the period and inserting “; and”; and #####
(C)by adding at the end the following: > > ##### “(C) > > shall be paid from the funding provided for the study in the applicable work plan described in that paragraph.” > ; ####
(3)by striking paragraph
(4)and inserting the following: > > #### “(4) Treatment > > The cost of a determination under paragraph
(1)shall not be included for purposes of the maximum total cost under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).” > ; and ####
(4)by adding at the end the following: > > #### “(6) Post-determination work > > A study under this section shall continue after a determination under paragraph (1)(B)(i) without a new investment decision.” > .
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources