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

SEC. 1110. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. (a) In General.—Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended— (1) in subsection (c), by striking paragraph (1) and inserting the following: “(1) In general.—When requested by a non-Federal interest carrying out a project or separable element of a project under this section, the Secretary shall undertake all necessary studies, engineering, and technical assistance on construction for any project or separable element of a project under this section, and provide technical assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the Secretary to provide funds to the United States for the studies, engineering, or technical assistance.” ; (2) in subsection (d)— (A) in paragraph (1)(A), by striking “plans” each place it appears and inserting “plan”; (B) in paragraph (3)(B), by inserting “, discrete segment of the project, or separable element of the project” after “the project”; (C) in paragraph (5) by striking “plans” each place it appears and inserting “plan”; and (D) by adding at the end the following: “(6) Exclusions.—The Secretary may not provide credit or reimbursement for— “(A) activities required by the non-Federal interest to initiate design and construction that would otherwise not be required by the Secretary; or “(B) delays incurred by the non-Federal interest resulting in project cost increases.” . (b) [33 U.S.C. 2232 note] Guidance.—Not later than 18 months after the date of enactment of this Act, the Secretary shall update any guidance as necessary to reflect the amendments made by this section. (c) [33 U.S.C. 2232 note] Implementation.—Any non-Federal interest that has entered in a written agreement with the Secretary to carry out a water resources development project pursuant to section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) before the date of enactment of this Act may submit to the Secretary a request to amend such agreement to reflect the amendments made by this section.