Sec. 112. Contributions by non-Federal interests prior to authorization of final feasibility reports

266 words·~1 min read·/bill/113/hr/3080/eh/section-112

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subject to subsection (b), a non-Federal interest may carry out a project for which— a final feasibility report has been completed; and authority for the Secretary to carry out such project has not specifically been authorized by Congress. The non-Federal interest— shall, before carrying out the project, obtain any permit, approval, or authorization required pursuant to Federal or State law; and shall carry out the project in accordance with the plan, and subject to the conditions, described in the final feasibility report.

Subject to paragraph (4), and in accordance with section 221 of the Flood Control Act of 1970 ( 42 U.S.C. 1962d–5b ), a non-Federal interest may be eligible for credit or reimbursement for the Federal share of any work carried out by the non-Federal interest under this section. Subject to paragraph (4), and in accordance with section 211(h) of the Water Resources Development of Act of 1996 ( 33 U.S.C. 701b–13(h) , whenever a non-Federal interest constructs improvements to a harbor or inland harbor under this section, the Secretary shall be responsible for maintenance of such harbor.

Any activities carried out under this section are authorized only to the extent specifically provided for in subsequent appropriations Acts. Paragraphs (1), (2), and

(3)shall not apply unless— all laws and regulations that would apply to the Secretary if the Secretary were carrying out the project were applied by the non-Federal interest during construction of the project; and the project is subsequently specifically authorized by Congress. Absent a specific subsequent authorization by Congress, the non-Federal interest shall not be reimbursed or receive credit for in-kind contributions.

Connections2 off-index

2 references not yet in our index

42 USC 1962d–5b
33 USC 701b–13(h)

Citation graph

cites case law

Sec. 112

Contributions by non-Federal interests prior to authorization of final feasibility reports

Cite42 USC 1962d–5b

Cite33 USC 701b–13(h)

Cites 2Cited by 0 across 0 sources