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Code · BILL · 114th Congress · S. 2848 (Reported in Senate) — To provide for the conservation and development of water and related resources, to authorize the Secretary of the Arm... · Sec. 3001

Sec. 3001. Rehabilitation assistance for non-Federal flood control projects

370 words·~2 min read·/bill/114/s/2848/rs/section-3001

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Section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), is amended— in subsection (a), by adding at the end the following: In this subsection, nonstructural alternatives includes efforts to restore or protect natural resources including streams, rivers, floodplains, wetlands, or coasts, if those efforts will reduce flood risk. ; and by adding at the end the following: In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Secretary may increase the level of protection above the level to which the system was designed, or, if the repair and rehabilitation includes repair or rehabilitation of a pumping station, will increase the capacity of a pump, if— the Chief of Engineers determines the improvements are in the public interest, including consideration of whether— the authority under this section has been used more than once at the same location; there is an opportunity to decrease significantly the risk of loss of life and property damage; or there is an opportunity to decrease total life cycle rehabilitation costs for the project; and the non-Federal sponsor agrees to pay the difference between the cost of repair, restoration, or rehabilitation to the original design level or original capacity and the cost of achieving the higher level of protection or capacity sought by the non-Federal sponsor.
The Secretary shall notify the non-Federal sponsor of the opportunity to request implementation of nonstructural alternatives to the repair or restoration of the flood control work under subsection (a). . In any case in which the Secretary has completed a study determining a project for flood damage reduction is feasible and such project is designed to protect the same geographic area as work to be performed under section 5(c) of the Act of August 18, 1941 ( 33 U.S.C. 701n(c) ), the Secretary may, if the Secretary determines that the action is in the public interest, carry out such project with the work being performed under section 5(c) of that Act, subject to the limitations in paragraph (2).
The cost to carry out a project under paragraph
(1)shall be shared in accordance with section 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213 ).
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Sec. 3001
Rehabilitation assistance for non-Federal flood control projects
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