Sec. 1042. Credit or reimbursement
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Section 1024 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2325a ) is amended— in subsection (a), in the matter preceding paragraph (1), by striking Subject to subsection (b), the and inserting The ; by striking subsection (b); by redesignating subsections
(c)and
(d)as subsections
(b)and (h), respectively; in subsection
(b)(as so redesignated), by adding at the end the following: The Secretary may provide reimbursement under subsection
(c)only if the Secretary determines that the materials or services provided are integral to the project. The Secretary shall ensure that a reimbursement under subsection
(c)is provided in a timely manner. ; and by inserting after subsection
(b)(as so redesignated) the following: Except as provided in this section and subject to subsection (g), a non-Federal interest that contributes materials or services under subsection
(a)shall be eligible for reimbursement, not to exceed an amount that is equal to the estimated Federal cost for the performance of those materials or services. Before contributing materials or services under subsection (a), a non-Federal interest shall enter into an agreement with the Secretary that specifies, with respect to the use of those materials and services, the terms and conditions that are acceptable to the non-Federal interest and the Secretary. As part of an agreement under subsection (a), a non-Federal interest shall hold and save the United States free from any and all damage that arises from the use of any materials or services of the non-Federal interest, except for damage due to the fault or negligence of a contractor of the Federal Government. The Secretary may use existing emergency authorities of the Secretary following a flood or storm event to accept materials, services, or funds under this section if those materials, services, or funds are being used for the purpose of— restoring an authorized navigation or flood risk management project up to authorized dimensions; repairing or reconstructing any authorized navigation or flood risk management project, including other authorized associated features; or any other activities the Secretary determines to be in the public interest as a result of the emergency. A reimbursement under subsection
(c)shall be— subject to the availability of appropriations; and subject to the compliance of the non-Federal interest with all Federal laws and regulations that would apply to the use of materials or services described in that subsection if provided by the Secretary. . Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)) is amended— in subparagraph (A)— in the matter preceding clause (i), by inserting , as determined by the Secretary, after value ; in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: the value of materials and services contributed by non-Federal third parties, without charge, to the non-Federal interest for— planning carried out after execution of a feasibility cost-sharing agreement; or construction carried out after execution of a partnership agreement or in accordance with subparagraph (C). ; in subparagraph (D)— in clause (ii), by inserting and after the semicolon at the end; in clause (iii), by striking ; and and inserting a period; and by striking clause (iv); by redesignating subparagraph
(H)as subparagraph (I); and by inserting after subparagraph
(G)the following: The Secretary shall ensure that a credit under subparagraph
(A)is provided in a timely manner. . Section 1022 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2225 ) is amended by adding at the end the following: The Secretary shall ensure that a reimbursement described in this section is provided in a timely manner. .
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- 42 USC 1962d–5b(a)(4)
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