; and (2) the Armed Services Board of Contract Appeals or a court of competent jurisdiction determined that the failure of the contracting officer to timely take the action described in paragraph (1) was a material breach of the contract that resulted in damages to the contractor awarded by the Armed Services Board of Contract Appeals or the court, as applicable. 1076. Repair and restoration of embankments The Secretary is authorized to repair and restore any portion of an embankment that is adjacent to the shoreline of a reservoir project operated by the Secretary for which damage to, or the failure of, the embankment has adversely affected a roadway that the Secretary has relocated for construction of the reservoir, notwithstanding— (1) the cause of the damage to, or the failure of, the embankment; (2) ownership of the embankment; or (3) any obligation of a non-Federal interest to operate and maintain the roadway under a relocation agreement with the Secretary. 1077. Non-Federal interest repayment obligations Section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ) is amended by adding at the end the following: (o) Non-Federal interest repayment obligations (1) Definition of covered project In this subsection, the term covered project means any project of the Corps of Engineers— (A) initiated on or after September 8, 2005; and (B) for which there is a delay of 5 or more years beyond the completion date established in the project partnership agreement for the project. (2) Interest during construction delays (A) In general Notwithstanding the second sentence of subsection (k), on request of the non-Federal interest for a covered project, the Secretary and the non-Federal interest may renegotiate the repayment terms and conditions, including— (i) recalculation of the interest rate; (ii) forgiveness of construction interest accrued during a project delay