Sec. 151. Clarification for integral determination
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Section 601(e)(5)(B) of the Water Resources Development Act of 2000 ( Public Law 106–541 ) is amended to read as follows: The Secretary may provide credit, including in-kind credit, toward the non-Federal share for the reasonable cost of any work performed in connection with a study, preconstruction engineering and design, or construction that is necessary for the implementation of the Plan if— the credit is provided for work completed during the period of design, as defined in a design agreement between the Secretary and the non-Federal sponsor; the credit is provided for work completed during the period of construction, as defined in a project cooperation agreement for an authorized project between the Secretary and the non-Federal sponsor; the credit is provided for work carried out before the date of the partnership agreement between the Secretary and the non-Federal sponsor, as defined in an agreement between the Secretary and the non-Federal sponsor providing for such credit; or the credit is provided for work carried out by the non-Federal sponsor in the implementation of an authorized project implementation report, and such work was defined in an agreement between the Secretary and the non-Federal sponsor prior to the execution of such work; the agreement prescribes the terms and conditions of the credit, including in the case of credit provided under clause (i)(iii) conditions relating to design and construction; and the Secretary determines that the work performed by the non-Federal sponsor is integral to the project. .
Section 601(e)(5) of the Act referred to in subsection
(a)is further amended by inserting after subparagraph
(B)the following (and redesignating any subparagraphs accordingly): In any case in which the Secretary approves credit under subparagraph (B), in writing or by electronic agreement with the non-Federal sponsor, the Secretary shall provide such credit for work completed during the period of construction under an agreement that prescribes the terms and conditions for the in-kind contributions not expressly defined. .
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- Pub. L. 106-541
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Sec. 151
Clarification for integral determination
Pub. L.Pub. L. 106-541
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