(e) Reimbursement
(1) General rule Subject to appropriations Acts, the Secretary may reimburse any non-Federal interest an amount equal to the estimate of the Federal share, without interest, of the cost of any authorized flood control project, or separable element of a flood control project, constructed pursuant to this section and provide credit for the non-Federal share of the project
(A) if, after authorization and before initiation of construction of the project or separable element, the Secretary approves the plans for construction of such project by the non-Federal interest;
(B) if the Secretary finds, after a review of studies and design documents prepared pursuant to this section, that construction of the project or separable element is economically justified and environmentally acceptable; and
(C) if the construction work is substantially in accordance with plans prepared under subsection (b) of this section.
(2) Special rules
(A) Reimbursement or credit
For work (including work associated with studies, planning, design, and construction) carried out by a non-Federal interest with respect to a project described in subsection (f) of this section, the Secretary shall, subject to the availability of appropriations, reimburse, without interest, the non-Federal interest an amount equal to the estimated Federal share of the cost of such work, or provide credit (depending on the request of the non-Federal interest) for the non-Federal share of such work, if such work is later recommended by the Chief of Engineers and approved by the Secretary.
(B) Credit
If the non-Federal interest for a project described in subsection (f) of this section carries out work before completion of a reconnaissance study by the Secretary and if such work is determined by the Secretary to be compatible with the project later recommended by the Secretary, the Secretary shall credit the non-Federal interest for its share of the cost of the project for such work.
(3) Matters to be considered in reviewing plans
In reviewing plans under this subsection, the Secretary shall consider budgetary and programmatic priorities and other factors that the Secretary considers appropriate.
(4) Monitoring
The Secretary shall regularly monitor and audit any project for flood control approved for construction under this section by a non-Federal interest to ensure that such construction is in compliance with the plans approved by the Secretary and that the costs are reasonable.
(5) Limitation on reimbursements
The Secretary may not make any reimbursement under this section until the Secretary determines that the work for which reimbursement is requested has been performed in accordance with applicable permits and approved plans.
(6) Schedule and manner of reimbursement
(A) Budgeting
The Secretary shall budget and request appropriations for reimbursements under this section on a schedule that is consistent with a Federal construction schedule.
(B) Commencement of reimbursements
Reimbursements under this section may commence on approval of a project by the Secretary.
(C) Credit
At the request of a non-Federal interest, the Secretary may reimburse the non-Federal interest by providing credit toward future non-Federal costs of the project.
(D) Scheduling
Nothing in this paragraph affects the discretion of the President to schedule new construction starts.
(f) Specific projects For the purpose of demonstrating the potential advantages and effectiveness of non-Federal implementation of flood control projects, the Secretary shall enter into agreements pursuant to this section with non-Federal interests for development of the following flood control projects by such interests:
(1) Berryessa Creek, California
The Berryessa Creek element of the project for flood control, Coyote and Berryessa Creeks, California, authorized by section 101(a)(5) of the Water Resources Development Act of 1990 (104 Stat. 4606); except that, subject to the approval of the Secretary as provided by this section, the non-Federal interest may design and construct an alternative to such element.
(2) Los Angeles County Drainage Area, California
The project for flood control, Los Angeles County Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611).
(3) Stockton Metropolitan Area, California
The project for flood control, Stockton Metropolitan Area, California.
(4) Upper Guadalupe River, California
The project for flood control, Upper Guadalupe River, California.
(5) Flamingo and Tropicana Washes, Nevada
The project for flood control, Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by section 101(13) of the Water Resources Development Act of 1992 (106 Stat. 4803).
(6) Brays Bayou, Texas
Flood control components comprising the Brays Bayou element of the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 101(a)(21) of the Water Resources Development Act of 1990 (104 Stat. 4610); except that, subject to the approval of the Secretary as provided by this section, the non-Federal interest may design and construct an alternative to the diversion component of such element.
(7) Hunting Bayou, Texas
The Hunting Bayou element of the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by such section; except that, subject to the approval of the Secretary as provided by this section, the non-Federal interest may design and construct an alternative to such element.
(8) White Oak Bayou, Texas
The project for flood control, White Oak Bayou watershed, Texas.
(12) 1 Perris, California
The project for flood control, Perris, California.
(13) Thornton Reservoir, Cook County, Illinois
An element of the project for flood control, Chicagoland Underflow Plan, Illinois.
(14) Larose to Golden Meadow, Louisiana
The project for flood control, Larose to Golden Meadow, Louisiana.
(15) Buffalo Bayou, Texas
A project for flood control, Buffalo Bayou, Texas, to provide an alternative to the project authorized by the first section of the River and Harbor Act of June 20, 1938 (52 Stat. 804) and modified by section 3a of the Flood Control Act of August 11, 1939 (53 Stat. 1414).
(16) Halls Bayou, Texas
A project for flood control, Halls Bayou, Texas, to provide an alternative to the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 101(a)(21) of the Water Resources Development Act of 1990 (104 Stat. 4610).
(17) Menomonee River Watershed, Wisconsin The project for the Menomonee River Watershed, Wisconsin, including
(A) the Underwood Creek diversion facility project (Milwaukee County Grounds); and
(B) the Greater Milwaukee Rivers watershed project.
