Sec. 114. Technical corrections
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Section 221(a)(4)(E) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(E)) is amended by striking clause
(ii)and inserting the following: In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply— the specific provision of law instead of this paragraph; or at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request. Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C). . Section 221(b) of such Act (42 U.S.C. 1962d–5b(b)) is amended— by moving paragraphs
(1)and
(2)and the matter following paragraph
(2)2 ems to the right; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; by striking
(b)and all that follows through Definition The term and inserting the following: The term ; and by adding at the end the following: The term water resources project includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes. . Section 221(c) of such Act (42 U.S.C. 1962d–5b(c)) is amended by striking enforcible and inserting enforceable . Section 2008(a) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2340(a) ) is amended by adding at the end the following: This subsection shall apply without regard to whether the original partnership agreement was entered into before, on, or after the date of enactment of this subsection. . Section 221(a)(4)(C) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(C)) is amended 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 clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so 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 under 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, 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 planning and shall do so 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 under subclause
(I)shall be eligible for credit. .
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4 references not yet in our index
- 42 USC 1962d–5b(a)(4)(E)
- 42 USC 1962d–5b(b)
- 42 USC 1962d–5b(c)
- 42 USC 1962d–5b(a)(4)(C)
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Sec. 114
Technical corrections
Cite42 USC 1962d–5b(a)(4)(E)
Cite42 USC 1962d–5b(b)
Cite42 USC 1962d–5b(c)
Cite42 USC 1962d–5b(a)(4)(C)
Cites 5Cited by 0 across 0 sources