Sec. 120. Emergency response to natural disasters
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Section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ) is amended— in subsection (a)— in paragraph (2)(B)— in clause (i)(I), by inserting , or provide contributions equal to, after pay ; and in clause (ii)— in the heading, by inserting after and contributions ; of payments by inserting or contributions after Non-Federal payments ; and by inserting or contributions after non-Federal payments ; and by adding at the end the following: Not later than 180 days after receiving, from a non-Federal sponsor of a project to repair or rehabilitate a flood control work described in paragraph (1), a request to initiate a feasibility study to further modify the relevant flood control work to provide for an increased level of protection, the Secretary shall provide to the non-Federal sponsor a written decision on whether the Secretary has the authority under section 216 of the Flood Control Act of 1970 ( 33 U.S.C. 549a ) to undertake the requested feasibility study.
If the Secretary determines under subparagraph
(B)that the Secretary does not have the authority to undertake the requested feasibility study, the Secretary shall include the request for a feasibility study in the annual report submitted under section 7001 of the Water Resources Reform and Development Act of 2014. ; and in subsection (c)— in the subsection heading, by striking and inserting Levee owners manual ; Eligibility in paragraph (1), in the heading, by striking and inserting In general ; Levee owner’s manual by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively, and inserting after paragraph
(1)the following: Notwithstanding the status of compliance of a non-Federal interest with the requirements of a levee owner’s manual described in paragraph (1), or with any other eligibility requirement established by the Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall consider the non-Federal interest to be eligible for repair and rehabilitation assistance under this section if the non-Federal interest— enters into a written agreement with the Secretary that identifies any items of deferred or inadequate maintenance and upkeep identified by the Secretary prior to the natural disaster; and pays, during performance of the repair and rehabilitation work, all costs to address— any items of deferred or inadequate maintenance and upkeep identified by the Secretary; and any repair or rehabilitation work necessary to address damage the Secretary attributes to such deferred or inadequate maintenance or upkeep. The Secretary may only enter into one agreement under subparagraph
(A)with any non-Federal interest. The authority of the Secretary to enter into agreements under paragraph
(2)shall terminate on the date that is 5 years after the date of enactment of this paragraph. ; and in paragraph
(3)(as so redesignated), by striking this subsection and inserting paragraph
(1).
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