Sec. 404. Special rules
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/bill/117/hr/7776/eas/section-404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following conditions apply to the project described in section 403(19): The project is authorized to be carried out under section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ) at a Federal cost of $45,000,000. The project may include Federal participation in periodic nourishment. For purposes of subsection
(b)of section 111 of the River and Harbor Act of 1968 ( 33 U.S.C. 426i ), the Secretary shall determine that the navigation works to which the shore damages are attributable were constructed at full Federal expense. The following conditions apply to the project described in section 403(20): The project is authorized to be carried out under section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) at a Federal cost of $15,000,000. If the Secretary includes in the project a measure on Federal land under the jurisdiction of another Federal agency, the Secretary may enter into an agreement with the Federal agency that provides for the Secretary— to construct the measure; and to operate and maintain the measure using funds provided to the Secretary by the non-Federal interest for the project. If the Secretary includes in the project a measure for fish passage at a dam licensed for hydropower, the Secretary shall include in the project costs all costs for the measure, except that those costs that are in excess of the costs to provide fish passage at the dam if hydropower improvements were not in place shall be a 100 percent non-Federal expense.
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