Sec. 10. Contract services
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The Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ) is amended by inserting after section 7 (as added by section 9) the following: A local organization may secure services, including for the planning, design, preparation of contracts and specifications, awarding of contracts, and supervision of construction, in connection with works of improvement, if— the Secretary and the interested local organization have agreed on a plan for the works of improvement; the Secretary, in consultation with the delegated authority under section 3(c), has determined that the benefits exceed the costs, except that the benefits of fish and wildlife habitat or water quality improvement shall not be required to be monetized to be considered against costs; the local organization has met the requirements for participation in carrying out the works of improvement described in section 7; and the Secretary, in consultation with the delegated authority under section 3(c), has determined that the services are satisfactory, based on the works of improvement.
The Secretary may provide services under paragraph
(1)on request by the local organization, with priority given to multibenefit works of improvement. If the local organization elects to secure services under paragraph (1), the Secretary shall reimburse the local organization for the costs charged for work in an amount not to exceed the amount agreed upon in the plan for works of improvement or any modification thereof. The Secretary may advance such amounts as may be necessary to pay for services described in paragraph (1). Advances under subparagraph
(A)shall not exceed— in the case of a work of improvement for flood prevention or drought resiliency, 5 percent of the estimated installation cost of the work of improvement; and in the case of a work of improvement the primary purpose of which is fish and wildlife habitat or water quality improvement, 75 percent of the estimated installation cost of the work of improvement. Except as to the installation of works of improvement on Federal land and as provided in paragraph (2), the Secretary shall not construct or enter into any contract for the construction of any structure. The Secretary may enter into a contract for the construction of structures on request of a local organization. .
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U.S. Code