Sec. 107. Construction of projects by non-Federal interests
671 words·~3 min read·
/bill/113/hr/3080/rh/section-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 211 of the Water Resources Development Act of 1996 ( 33 U.S.C. 701b–13 ) is amended— in the section heading by striking and inserting flood control ; and water resources development by striking flood control each place it appears and inserting water resources development . Section 211(c) of such Act ( 33 U.S.C. 701b–13(c) ) is amended by striking date of the enactment of this Act and inserting date of enactment of the Water Resources Reform and Development Act of 2013 .
Section 211(d)(1) of such Act ( 33 U.S.C. 701b–13(d)(1) ) is amended— by striking subparagraph (A)(i) and inserting the following: A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection
(b)only if— the Secretary approves the project for construction; and the project is specifically authorized by Congress. ; and by striking subparagraph
(B)and inserting the following:
(c)Any non-Federal interest that has received from the Secretary under subsection
(c)a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if— a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been filed for the project or element; and the project is specifically authorized by Congress. . Section 211(e) of such Act ( 33 U.S.C. 701b–13(e) ) is amended— in paragraph (1)— in subparagraph
(B)by striking and at the end; in subparagraph
(C)by striking the period at the end and inserting ; and ; and by adding at the end the following: if the project is specifically authorized by Congress. ; and in paragraph (6)— by striking subparagraph
(B)and redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively; and in subparagraph
(B)(as so redesignated)— by striking At the request and inserting In accordance with section 221 of the Flood Control Act of 1970 ( ; and 42 U.S.C. 1962d–5b ), at the request by inserting before the period at the end the following: , or toward the non-Federal share of any other authorized water resources development study or project of such non-Federal interest . Section 211 of such Act ( 33 U.S.C. 701b–13 ) is amended by adding at the end the following: Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211(b) ) if— the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable; the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and the project is specifically authorized by Congress. All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section. The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section. . The following provisions are repealed: Section 204 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232 ). Section 206 of the Water Resources Development Act of 1992 ( 33 U.S.C. 426i–1 ) and the item relating to that section in the table of contents contained in section 1(b) of that Act. Section 404 of the Water Resources Development Act of 1990 ( 33 U.S.C. 2232 note; 104 Stat. 4646) and the item relating to that section in the table of contents contained in section 1(b) of that Act.
Connectionstraces to 3
7 references not yet in our index
- 33 USC 701b–13
- 33 USC 701b–13(c)
- 33 USC 701b–13(d)(1)
- 33 USC 701b–13(e)
- 42 USC 1962d–5b
- 33 USC 426i–1
- 104 Stat. 4646
Citation graph
cites case law
Sec. 107
Construction of projects by non-Federal interests
Cite33 USC 701b–13
Cite33 USC 701b–13(c)
Cite33 USC 701b–13(d)(1)
Cite33 USC 701b–13(e)
Cite42 USC 1962d–5b
Cites 10 · showing 8Cited by 0 across 0 sources