Application of credit
In general
Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.
Application prior to completion of project
On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.
Studies and projects with multiple non-Federal interests
A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.
Restrictions
In general
section 1962d–5b of title 42Except for subsection (a)(4)(D)(i) of that section, the requirements of (as amended by section 1018(a)) shall apply to any credit under this section.
Conditions
Conditional approval of excess credit
Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.
Additional criteria
Termination of authority
The authority provided in this section shall terminate on .
Report
Deadlines
In general
Not later than 2 years after , and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section.
Final report
Not later than , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section.
Inclusions
Pub. L. 113–121, title I, § 1020128 Stat. 1227Pub. L. 114–322, title I, § 1166130 Stat. 1670Pub. L. 117–263, div. H, title LXXXI, § 8383136 Stat. 3829Pub. L. 118–272, div. A, title III, § 1303(g)138 Stat. 3114(, , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 1018(a) of Pub. L. 113–121Section 1018(a), referred to in subsec. (b)(1), means .
Codification
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments
Pub. L. 118–2722025—Subsecs. (d), (e)(1)(B). substituted “2030” for “2028”.
Pub. L. 117–263, § 8383(1)2022—Subsec. (a)(3). , added par. (3).
Pub. L. 117–263, § 8383(2)Subsec. (b)(3). , added par. (3).
Pub. L. 117–263, § 8383(3)Subsec. (d). , substituted “on ” for “10 years after ”.
Pub. L. 117–263, § 8383(4)Subsec. (e)(1)(B). , substituted “” for “10 years after ”.
Pub. L. 114–3222016—Subsec. (a). substituted “Application of credit” for “In general” in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2).
Statutory Notes and Related Subsidiaries
“Secretary” Defined
section 2 of Pub. L. 113–121section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .