CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL INTERESTS.

SEC. 223. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL INTERESTS. (a) In General.—Section 211(d) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(d)) is amended— (1) in paragraph (1), by striking “Any non-Federal interest that has received from the Secretary pursuant to subsection (b) or (c)” and inserting the following: “(A) Studies and design activities under subsection (b).— “(i) In general.—A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if the Secretary approves the project for construction. “(ii) Criteria for approval.—The Secretary shall approve a project for construction if the Secretary determines that the project is technically sound, economically justified, and environmentally acceptable and meets the requirements for obtaining the appropriate permits required under the authority of the Secretary. “(iii) No unreasonable withholding of approval.—The Secretary shall not unreasonably withhold approval of a project for construction. “(iv) No effect on regulatory authority.—Nothing in this subparagraph affects any regulatory authority of the Secretary. “(B) Studies and design activities under subsection (c).—Any non-Federal interest that has received from the Secretary under subsection (c)”; and (2) in the first sentence of paragraph (2), by inserting “(other than paragraph (1)(A))” after “this subsection”. (b) Reimbursement.— (1) In general.—Section 211(e)(1) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(e)(1)) is amended— (A) in the matter preceding subparagraph (A), by inserting after “constructed pursuant to this section” the following: “and provide credit for the non-Federal share of the project”; (B) in subparagraph (A), by striking “and” at the end; (C) in subparagraph (B), by striking the period at the end and inserting “; and”; and (D) by adding at the end the following: “(C) if the construction work is substantially in accordance with plans prepared under subsection (b).”. (2) Special rules.—Section 211(e)(2)(A) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(e)(2)(A)) is amended— (A) in the subparagraph heading, by inserting “or credit” after “Reimbursement”; (B) by striking “subject to amounts being made available in advance in appropriations Acts” and inserting “subject to the availability of appropriations”; and (C) by inserting after “the cost of such work” the following: “, or provide credit (depending on the request of the non-Federal interest) for the non-Federal share of such work.”.113 STAT. 297 (3) Schedule and manner of reimbursements.—Section 211(e) of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13(e)) is amended by adding at the end the following: “(6) Schedule and manner of reimbursement.— “(A) Budgeting.—The Secretary shall budget and request appropriations for reimbursements under this section on a schedule that is consistent with a Federal construction schedule. “(B) Commencement of reimbursements.—Reimbursements under this section may commence on approval of a project by the Secretary. “(C) Credit.—At the request of a non-Federal interest, the Secretary may reimburse the non-Federal interest by providing credit toward future non-Federal costs of the project. “(D) Scheduling.—Nothing in this paragraph affects the discretion of the President to schedule new construction starts.”.