Agenda - Public Works Committee - 10/20/2020

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S. 3021-25 "(2) TECHNICAL ASSISTANCE. —At the request of a non -Fed- eral interest, the Secretary shall provide to the non -Federal interest technical assistance relating to any aspect of a feasi- bility study if the non -Federal interest contracts with the Sec- retary to pay all costs of providing such technical assistance. "(3) LIMITATION. —Funds provided by non -Federal interests under this subsection shall not be eligible for credit under subsection (d) or reimbursement. "(4) IMPARTIAL DECISIONMAKING.—In carrying out this sec- tion, the Secretary shall ensure that the use of funds accepted from a non -Federal interest will not affect the impartial decisionmaking of the Secretary, either substantively or proce- durally. "(5) SAVINGS PROVISION. —The provision of technical assist- ance by the Secretary under paragraph (2)— "(A) shall not be considered to be an approval or endorsement of the feasibility study; and "(B) shall not affect the responsibilities of the Secretary under subsections (b) and (c).". SEC. 1153. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-FEDERAL INTERESTS. Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232) is amended— (1) in subsection (b)— (A) in paragraph (1), in the matter preceding subpara- graph (A), by inserting "federally authorized" before "water resources development project"; (B) in paragraph (2)(A), by inserting ", except as pro- vided in paragraph (3)" before the semicolon; and (C) by adding at the end the following: "(3) PERMIT EXCEPTION. — "(A) IN GENERAL. —For a project described in subsection (a)(1) or subsection (a)(3), or a separable element thereof, with respect to which a written agreement described in subparagraph (B) has been entered into, a non -Federal interest that carries out a project under this section shall not be required to obtain any Federal permits or approvals that would not be required if the Secretary carried out the project or separable element unless significant new circumstances or information relevant to environmental concerns or compliance have arisen since development of the project recommendation. "(B) WRITTEN AGREEMENT. —For purposes of this para- graph, a written agreement shall provide that the non - Federal interest shall comply with the same legal and technical requirements that would apply if the project or separable element were carried out by the Secretary, including all mitigation required to offset environmental impacts of the project or separable element as determined by the Secretary. "(C) CERTIFICATIONS. —Notwithstanding subparagraph (A) if rc.rrvi n Cr ni, f o nrniorf 11 71 rarer