Sec. 158. Cost and benefit feasibility assessment
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Section 5(a) of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), as amended by this Act, is further amended by striking paragraph
(2)and inserting the following: In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of— residential establishments; commercial establishments, including the protection of inventory; and agricultural establishments, including the protection of crops. The Chief of Engineers may carry out repair or restoration work described in paragraph
(1)that does not produce benefits greater than cost, if the non-Federal sponsor agrees to pay, or contribute to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work and the Secretary determines the damage to the structure was not as a result of negligent operation and maintenance, and that repair of the project could benefit other Corps project missions. Non-Federal payments pursuant to clause
(i)shall be in addition to any non-Federal payments required by the Chief of Engineers which are applicable to the remaining costs of the repair or restoration work. . Notwithstanding a non-Federal flood control work’s status in the Rehabilitation and Inspection Program, any unconstructed emergency project for the non-Federal flood control work that was formulated during the three fiscal years preceding the fiscal year in which this Act was enacted but that was determined to not produce benefits greater than costs shall remain eligible for assistance under Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n ) until the last day of the third fiscal year following the fiscal year in which this Act was enacted if the non-Federal sponsor agrees, in accordance with section 5 as amended by subsection
(a)of this section, to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work and the Secretary determines the damage to the structure was not as a result of negligent operation and maintenance, and that repair of the project could benefit other Corps project missions.
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- 55 Stat. 650
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