Sec. 359. Replacement of Cape Cod Canal bridges
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The Secretary is authorized to allow the Commonwealth of Massachusetts to construct the replacement of the Bourne Bridge and the Sagamore Bridge, Massachusetts. The authority provided under subsection
(a)shall be— carried out in accordance with a memorandum of understanding entered into by the Secretary and the Commonwealth of Massachusetts; subject to the same legal and technical requirements as if the construction of the replacement of the bridges were carried about by the Secretary, and any other conditions that the Secretary determines to be appropriate; and on the condition that the bridges shall be conveyed to the Commonwealth of Massachusetts on completion of the replacement of the bridges pursuant to section 109 of the River and Harbor Act of 1950 ( 33 U.S.C. 534 ). Before carrying out the construction of the replacement of the Bourne Bridge and the Sagamore Bridge, Massachusetts, under this section, the Commonwealth of Massachusetts shall— obtain any permit or approval required in connection with that replacement under Federal or State law; and ensure that the environmental impact statement or environmental assessment, as appropriate, for that replacement is complete. Subject to paragraphs
(2)and
(3)and subsection (e), the Secretary is authorized to reimburse the Commonwealth of Massachusetts for the Corps of Engineers contribution of the construction costs for the replacement of the Bourne Bridge and the Sagamore Bridge, Massachusetts, or a portion of the replacement of the bridges, except that the total reimbursement for the replacement of the bridges shall not exceed $250,000,000. The total amount of reimbursement described in paragraph (1)— shall be subject to the availability of appropriations; and shall not be derived from the previous funding provided to the Secretary under title I of division D of the Consolidated Appropriations Act, 2024 ( Public Law 118–42 ), for the Corps of Engineers for the purpose of replacing the Bourne Bridge and Sagamore Bridge, Massachusetts. Prior to providing a reimbursement under this subsection, the Secretary shall certify that the Commonwealth of Massachusetts has carried out the construction of the replacement of the Bourne Bridge and the Sagamore Bridge, Massachusetts, or a portion of the replacement of the bridges in accordance with— all applicable permits and approvals; and this section. The total amount of funding expended by the Secretary for the construction of the replacement of the Bourne Bridge and the Sagamore Bridge, Massachusetts, shall not exceed $600,000,000.
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- Pub. L. 118-42
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