FEDERAL INTEREST DETERMINATIONS.

SEC. 1142. FEDERAL INTEREST DETERMINATIONS. Section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)) is amended— (1) by striking paragraph (1) and inserting the following: “(1) In general.— “(A) Identification.—As part of the submission of a work plan to Congress pursuant to the joint explanatory statement for an annual appropriations Act or as part of the submission of a spend plan to Congress for a supplemental appropriations Act under which the Corps of Engineers receives funding, the Secretary shall identify the studies in the plan— “(i) for which the Secretary plans to prepare a feasibility report under subsection (a) that will benefit— “(I) an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)); or “(II) a community other than a community described in subclause (I); and “(ii) that are designated as a new start under the work plan. “(B) Determination.— “(i) In general.—After identifying the studies under subparagraph (A) and subject to subparagraph (C), the Secretary shall, with the consent of the applicable non-Federal interest for the study, first determine the Federal interest in carrying out the study and the projects that may be proposed in the study. “(ii) Feasibility cost share agreement.—The Secretary may make a determination under clause (i) prior to the execution of a feasibility cost share agreement between the Secretary and the non-Federal interest. “(C) Limitation.—For each fiscal year, the Secretary may not make a determination under subparagraph (B) for more than 20 studies identified under subparagraph (A)(i)(II). “(D) Application.— “(i) In general.—Subject to clause (ii) and with the consent of the non-Federal interest, the Secretary may use the authority provided under this subsection for a study in a work plan submitted to Congress prior to the date of enactment of this paragraph if the study otherwise meets the requirements described in subparagraph (A). “(ii) Limitation.—Subparagraph (C) shall apply to the use of authority under clause (i).” ; (2) in paragraph (2)— (A) in subparagraph (A), by striking “and” at the end; (B) in subparagraph (B)— (i) by striking “$200,000” and inserting “$300,000”; and (ii) by striking the period and inserting “; and”; and (C) by adding at the end the following: “(C) shall be paid from the funding provided for the study in the applicable work plan described in that paragraph.” ; (3) by striking paragraph (4) and inserting the following: “(4) Treatment.—The cost of a determination under paragraph (1) shall not be included for purposes of the maximum total cost under section 1001(a)(2) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).” ; and (4) by adding at the end the following: “(6) Post-determination work.—A study under this section shall continue after a determination under paragraph (1)(B)(i) without a new investment decision.” .