Sec. 2012. Credit for in-kind contributions
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Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— in subparagraph (A), in the matter preceding clause
(i)by inserting or a project under an environmental infrastructure assistance program after law ; in subparagraph (C), by striking In any case and all that follows through the period at the end and inserting the following: In any case in which the non-Federal interest is to receive credit under subparagraph
(A)for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. Construction that is carried out after the execution of an agreement to carry out work described in subclause
(I)and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. In any case in which the non-Federal interest is to receive credit under subparagraph
(A)for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning. Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause
(I)shall be eligible for credit. ; in subparagraph (D)(iii), by striking sections 101 and 103 and inserting sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); ; 33 U.S.C. 2213(a)(1)(A) ) by redesignating subparagraph
(E)as subparagraph (H); by inserting after subparagraph
(D)the following: In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. Credit for in-kind contributions provided by a non-Federal interest that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non-Federal cost share for a different authorized separable element of the same project. To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds. ; and in subparagraph
(H)(as redesignated by paragraph (4))— in clause (i), by inserting , and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 ( before the period at the end; and Public Law 99–662 ), if correction of design deficiencies is necessary by striking clause
(ii)and inserting the following: In any case in which a specific provision of law authorizes credit for in-kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement. . Section 2003(e) of the Water Resources Development Act of 2007 ( 42 U.S.C. 1962d–5b ) is amended— by inserting , or construction of design deficiency corrections on the project, after construction on the project ; and by inserting , or under which construction of the project has not been completed and the work to be performed by the non-Federal interests has not been carried out and is creditable only toward any remaining non-Federal cost share, after has not been initiated . The amendments made by subsections
(a)and
(b)take effect on November 8, 2007. Not later than 1 year after the date of enactment of this Act, the Secretary shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. Any guidance, regulations, or guidelines updated or issued under paragraph
(1)shall include, at a minimum— the milestone for executing an in-kind memorandum of understanding for construction by a non-Federal interest; criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph
(A)for that execution; and criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall— consult with affected non-Federal interests; publish the proposed guidelines developed under this subsection in the Federal Register; and provide the public with an opportunity to comment on the proposed guidelines. Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 ( 33 U.S.C. 2214 ) that was approved by the Secretary prior to the date of enactment of this Act.
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- 42 USC 1962d–5b(a)(4)
- Pub. L. 99-662
- 42 USC 1962d–5b
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Sec. 2012
Credit for in-kind contributions
Cite42 USC 1962d–5b(a)(4)
Pub. L.Pub. L. 99-662
Cite42 USC 1962d–5b
Cites 6Cited by 0 across 0 sources