COST SHARING FOR FEASIBILITY STUDIES.

SEC. 203. COST SHARING FOR FEASIBILITY STUDIES.(a) Non-Federal Share.—Section 105(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(a)) is amended— (1) by striking paragraph (1) and inserting the following: “(1) Cost sharing.—“(A) In general.—The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study. “(B) Payment of cost share during period of study.—During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of— “(i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and “(ii) any excess of the cost of the study over the cost estimate if the excess results from— “(I) a change in Federal law; or “(II) a change in the scope of the study requested by the non-Federal interests. “(C) Payment of cost share on authorization of project or termination of study.—“(i) Project timely authorized.—Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 101(e) or 103(j) with respect to the project. 110 STAT. 3678 “(ii) Project not timely authorized.—If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, the non-Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable to the United States on that date. “(D) Amendment of cost estimate.—The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests. “(E) In-kind contributions.—Not more than ½ of the non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.”; and (2) in paragraph (2) by striking “(2) This subsection” and inserting the following: “(2) Applicability.—This subsection”. (b) Applicability.—The amendments made by subsection (a) shall apply notwithstanding any feasibility cost-sharing agreement entered into by the Secretary and the non-Federal interests. On request of the non-Federal interest, the Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act so as to conform the agreements with the amendments. (c) No Requirement of Reimbursement.—Nothing in this section or any amendment made by this section requires the Secretary to reimburse the non-Federal interests for funds previously contributed for a study.