Sec. 202. Reimbursement for non-Federal construction costs of certain aids to navigation
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/bill/114/hr/5978/eh/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the availability of amounts specifically provided in advance in subsequent appropriations Acts and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project. The Commandant may not provide reimbursement under subsection
(a)with respect to a covered project unless— the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel; the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation; the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aid to navigation standards and requirements; the non-Federal entity agrees to transfer the project upon completion to the Coast Guard to be operated and maintained by the Coast Guard as a Federal aid to navigation; the non-Federal entity carries out the project in accordance with the same laws and regulations that would apply to the Coast Guard if the Coast Guard carried out the project, including obtaining all permits required for the project under Federal and State law; and the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant. Reimbursements under subsection
(a)may not exceed the following: For a single covered project, $5,000,000. For all covered projects in a single fiscal year, $5,000,000. The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section. In this section, the term covered project means a project carried out by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a federally authorized navigation channel.