Sec. 1161. COST AND BENEFIT FEASIBILITY ASSESSMENT
487 words·~2 min read·
/statute-compilations/comps-15473/sec-1161A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1161 COST AND BENEFIT FEASIBILITY ASSESSMENT ###
(a)Cost Benefit and Special Conditions Section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), as amended by this Act, is further amended by striking paragraph
(2)and inserting the following: > > #### “(2) Cost and benefit feasibility assessment > > > ##### “(A) Consideration of benefits > > In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of— > > > ###### “(i) > > residential establishments; > > > ###### “(ii) > > commercial establishments, including the protection of inventory; and > > > ###### “(iii) > > agricultural establishments, including the protection of crops. > > > ##### “(B) Special conditions > > > ###### “(i) Authority to carry out work > > The Chief of Engineers may carry out repair or restoration work described in paragraph
(1)that does not produce benefits greater than the cost if— > > > ###### “(I) > > the non-Federal sponsor agrees to pay an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and > > > ###### “(II) > > the Secretary determines that— > > > ###### “(aa) > > the damage to the structure was not a result of negligent operation or maintenance; and > > > ###### “(bb) > > repair of the project could benefit another Corps project. > > > ###### “(ii) Treatment of payments > > Non-Federal payments pursuant to clause
(i)shall be in addition to any non-Federal payments required by the Chief of Engineers that are applicable to the remaining costs of the repair or restoration work.” > . ###
(b)Continued Eligibility **[**[33 U.S.C. 701n note](/us/usc/t33/s701n)**]** Notwithstanding a non-Federal flood control work’s status in the Rehabilitation and Inspection Program carried out pursuant to section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), any unconstructed emergency project for the non-Federal flood control work that was formulated during the five fiscal years preceding the fiscal year in which this Act was enacted but that was determined to not produce benefits greater than costs shall remain eligible for assistance under such section 5 until the last day of the fifth fiscal year following the fiscal year in which this Act was enacted if— ####
(1)the non-Federal sponsor agrees, in accordance with such section 5, as amended by this Act, to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and ####
(2)the Secretary determines that the damage to the structure was not as a result of negligent operation or maintenance.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 1161
COST AND BENEFIT FEASIBILITY ASSESSMENT
Cites 1Cited by 0 across 0 sources