(1) Funds may not be appropriated for the construction of any project authorized by sections
390h to
390h–23 of this title until after
(A) an appraisal investigation and a feasibility study that complies with the provisions of sections
390h–1 (b) or
390h–2 (c) of this title, as the case may be, have been completed by the Secretary or the non-Federal project sponsor;
(B) the Secretary has determined that the non-Federal project sponsor is financially capable of funding the non-Federal share of the projects costs; and
(C) the Secretary has approved a cost-sharing agreement with the non-Federal project sponsor which commits the non-Federal project sponsor to funding its proportionate share of the projects construction costs on an annual basis.
(2) The requirements of paragraph (1) shall not apply to those projects authorized by sections
390h to
390h–23 of this title for which funds were appropriated prior to January 1, 1996.