Construction of water resources development projects by non-Federal interests
Water resources development project defined
In this section, the term “water resources development project” means a project recommendation that results from—
a feasibility report, as such term is defined in section 2282d(f) of this title;
a completed feasibility study developed under section 2231 of this title; or
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.
Authority
In general
A non-Federal interest may carry out a water resources development project, or separable element thereof—
in accordance with a plan approved by the Secretary for the project or separable element; and
subject to any conditions that the Secretary may require, including any conditions specified under section 2231(c)(3) of this title.
Conditions
Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall—
obtain any permit or approval required in connection with the project or separable element under Federal or State law; and
ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed.
Studies and engineering
Credit or reimbursement
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—
before initiation of construction of the project or separable element—
the Secretary approves the plans for construction of the project or separable element of the project by the non-Federal interest;
the Secretary determines, before approval of the plans, that the project or separable element of the project is feasible; and
the non-Federal interest enters into a written agreement with the Secretary under section 1962d–5b of title 42, including an agreement to pay the non-Federal share, if any, of the cost of operation and maintenance of the project; and
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.
Application of credit
The Secretary may apply credit toward—
the non-Federal share of authorized separable elements of the same project; or
subject to the requirements of this section and section 2223 of this title, at the request of the non-Federal interest, the non-Federal share of a different water resources development project.
Requirements
The Secretary may only apply credit or provide reimbursement under paragraph (1) if—
Congress has authorized construction of the project or separable element of the project; and
the Secretary certifies that the project has been constructed in accordance with—
all applicable permits or approvals; and
this section.
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—
the construction is carried out in compliance with the requirements of this section; and
the costs of the construction are reasonable.
Discrete segments
In general
The Secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable element thereof, before final completion of the project or separable element if—
except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and
notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable.
Determination
Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that—
the construction of the discrete segment for which credit or reimbursement is requested is complete; and
the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i).
Written agreement
In general
As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall—
identify any discrete segment that the non-Federal interest may carry out; and
agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion.
Remittance
Discrete segment defined
In this paragraph, the term “discrete segment” means a physical portion of a flood damage reduction project, or separable element thereof—
described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and
that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the flood damage reduction project, or separable element thereof.
Notification of committees
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 2211(b) of this title if—
before construction of the improvements—
the Secretary determines that the improvements are feasible and consistent with the purposes of this subchapter; and
the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements;
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
the Secretary does not find that the project or separable element is no longer feasible.
Source
(Pub. L. 99–662, title II, § 204,Notes
Amendments
Savings Provision
Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232).
Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1).
Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13).”