Sec. 1127. NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION PROJECTS
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## SEC. 1127 NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION PROJECTS Section 204(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(d)) is amended by adding at the end the following: > > #### “(5) Discrete segments > > > ##### “(A) In general > > The Secretary may authorize credit or reimbursement under this subsection for a discrete segment of a flood damage reduction project, or separable element thereof, before final completion of the project or separable element if— > > > ###### “(i) > > except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs
(1)through
(4)in the same manner as the project or separable element; and > > > ###### “(ii) > > notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. > > > ##### “(B) Determination > > Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that— > > > ###### “(i) > > the construction of the discrete segment for which credit or reimbursement is requested is complete; and > > > ###### “(ii) > > the construction is consistent with the authorization of the applicable flood damage reduction project, or separable element thereof, and the plans approved under paragraph (1)(A)(i). > > > ##### “(C) Written agreement > > > ###### “(i) In general > > As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall— > > > ###### “(I) > > identify any discrete segment that the non-Federal interest may carry out; and > > > ###### “(II) > > agree to the completion of the flood damage reduction project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. > > > ###### “(ii) Remittance > > If a non-Federal interest fails to complete a flood damage reduction project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. > > > ##### “(D) Discrete segment defined > > In this paragraph, the term ‘**discrete segment**’ means a physical portion of a flood damage reduction project, or separable element thereof— > > > ###### “(i) > > described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and > > > ###### “(ii) > > that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the flood damage reduction project, or separable element thereof.” > .
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Sec. 1127
NON-FEDERAL CONSTRUCTION OF AUTHORIZED FLOOD DAMAGE REDUCTION PROJECTS
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