CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS.

SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. (a) Studies and Engineering.—Section 204(c)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is amended by striking “under subsection (b)” and inserting “under this section”. (b) Assumption of Maintenance of a Locally Preferred Plan.—Section 204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)) is amended to read as follows: “(f) Operation and Maintenance.— “(1) Assumption of 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 101(b) if— “(A) before construction of the improvements— “(i) the Secretary determines that the improvements are feasible and consistent with the purposes of this title; and “(ii) the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; “(B) 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 “(C) the Secretary does not find that the project or separable element is no longer feasible. “(2) Federal financial participation in the costs of a locally preferred plan.—In the case of improvements determined by the Secretary pursuant to paragraph (1)(A)(i) to deviate from the national economic development plan, the Secretary shall be responsible for all operation and maintenance costs of such improvements, as described in section 101(b), including costs in excess of the costs of the national economic development plan, if the Secretary determines that the improvements satisfy the requirements of paragraph (1).” . (c) [33 U.S.C. 2232 note] Report.—A non-Federal interest may submit to the Secretary a report on improvements to a federally authorized harbor or inland harbor to be carried out by the non-Federal interest, containing any information necessary for the Secretary determine whether the improvements satisfy the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232), including— (1) the economic justification for the improvements; (2) details of the project improvement plan and design; (3) proposed arrangements for the work to be performed; and (4) documents relating to any applicable permits required for the project improvements. (d) [33 U.S.C. 2232 note] Project Studies Subject to Independent Peer Review.—The Secretary shall not be required to subject a project study for a project with a cost of less than $200,000,000, which the Secretary determines satisfies the requirements of section 204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2232), to independent peer review under section 2034(a)(3)(A)(i) of the Water Resources Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).