Sec. 1176. REHABILITATION ASSISTANCE
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## SEC. 1176 REHABILITATION ASSISTANCE Section 5 of the Act of August 18, 1941 (55 Stat. 650, chapter 377; 33 U.S.C. 701n), is amended— ####
(1)in subsection
(a)by adding at the end the following: > > #### “(3) Nonstructural alternatives defined > > In this subsection, the term ‘**nonstructural alternatives**’ includes efforts to restore or protect natural resources, including streams, rivers, floodplains, wetlands, or coasts, if those efforts will reduce flood risk.” > ; and ####
(2)by adding at the end the following: > > ### “(d) Increased Level of Protection > > In conducting repair or restoration work under subsection (a), at the request of the non-Federal sponsor, the Chief of Engineers may increase the level of protection above the level to which the system was designed, or, if the repair or restoration includes repair or restoration of a pumping station, increase the capacity of a pump, if— > > > #### “(1) > > the Chief of Engineers determines the improvements are in the public interest, including consideration of whether— > > > ##### “(A) > > the authority under this section has been used more than once at the same location; > > > ##### “(B) > > there is an opportunity to decrease significantly the risk of loss of life and property damage; or > > > ##### “(C) > > there is an opportunity to decrease total life cycle rehabilitation costs for the project; and > > > #### “(2) > > the non-Federal sponsor agrees to pay the difference between the cost of repair or restoration to the original design level or original capacity and the cost of achieving the higher level of protection or capacity sought by the non-Federal sponsor. > > > ### “(e) Notice > > The Secretary shall notify and consult with the non-Federal sponsor regarding the opportunity to request implementation of nonstructural alternatives to the repair or restoration of a flood control work under subsection (a).” > .
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- 55 Stat. 650
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