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Code · BILL · 115th Congress · S. 2800 (Reported in Senate) — To provide for the conservation and development of water and related resources, to authorize the Secretary of the Arm... · Sec. 1012

Sec. 1012. Extended community assistance by the Corps of Engineers

300 words·~1 min read·/bill/115/s/2800/rs/section-1012

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Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), is amended— by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: A State, Tribe, or other entity receiving assistance under the fourth sentence of paragraph
(1)on land the State, Tribe, or entity owns, has jurisdiction over, or otherwise controls, may petition the Secretary for extended assistance, to apply after the 30-day period of the project under section 203.61(b)(8) of title 33, Code of Federal Regulations (or successor regulations). On a petition under subparagraph (A), the Secretary shall provide extended assistance in accordance with this paragraph. Except as provided in subparagraph (D), extended assistance under this paragraph shall be subject to a minimum non-Federal cost-sharing requirement of 45 percent. The Secretary— may waive or reduce the minimum non-Federal cost-sharing requirement under subparagraph (C), at the discretion of the Secretary, if the Secretary determines that the financial situation of the non-Federal sponsor of the project warrants a reduction; and may not impose a non-Federal cost-sharing requirement on a project serving a disadvantaged community (as defined in section 1452(d) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(d) ). In determining how to best provide extended assistance under this paragraph, the Secretary shall consider whether granting the extended assistance would— minimize costs of long-term burdens on the non-Federal sponsor of the project; increase the resiliency of the project; and align with long-term solutions to problems that the project seeks to rectify. The authority of the Secretary to provide extended assistance under this paragraph shall terminate on the date that is 2 years after the date of enactment of the America's Water Infrastructure Act of 2018 . .
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  • 55 Stat. 650
  • 42 USC 300j–12(d)
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cites case law
Sec. 1012
Extended community assistance by the Corps of Engineers
Stat.55 Stat. 650
Cite42 USC 300j–12(d)
Cites 3Cited by 0 across 0 sources
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