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Marlowe Group provides analysis of pending House WRDA bill including Authorization of 124 New Proposed Feasibility Studies

Posted on June 28, 2024

Section 101. Continuing Authorities Programs Establishes a pilot program where non-federal interests can propose delivering a project under an “alternative delivery method” using the same cost share or (a) more than the federal share, (b) allowing the use of return on investment as an alternative to a BCR test, or (c) allow the use of a “real estate acquisition process” to replace existing crediting, oversight, and review processes and procedures.” This section contains many other provisions, among them are the following –

(A) Allows a CAP study to transition to a feasibility study if the cost of completing the project does not exceed twice the established per project limit.

(B) Amends Sections 14, 107, 1135, and 205 in several significant ways

Section 102. Community Project Advisor Establishes a new position to assist non-federal interests in accessing federal resources related to water resources development programs of the Corps, conduct outreach, hold workshops, etc. with priority given to rural, small, and disadvantaged communities.

Section 103. Minimum Real Estate Interest Establishes through the Secretary (meaning here and below the Assistant Secretary of the Army for Civil Works or ASA(CW)) standards for the minimum real estate interest required to construct, operate, and maintain, repair, or replace the project, including an interest that is less than the fee simple title for the property

Section 104. Study of Water Resources Development Projects by Non-Federal Interests Amends section 203 of WRDA 1986 to enable a non-federal interest to undertake and submit to the ASA(CW) a proposal to undertake a project and receive credit or reimbursement as provided by existing law. Also enables a non-federal interest to propose carrying out modifications to a project that has been previously constructed.

Analysis of House WRDA24 Bill

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