Sec. 1108. STORMWATER MANAGEMENT PROJECTS
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## SEC. 1108 STORMWATER MANAGEMENT PROJECTS **[**[33 U.S.C. 2289b](/us/usc/t33/s2289b)**]** ###
(a)In General The Secretary shall establish a program to carry out studies and projects to control, retain, and reuse stormwater associated with flood control efforts, in partnership with non-Federal interests. ###
(b)Requirements ####
(1)Prioritization In carrying out this section, the Secretary shall prioritize studies and projects that improve urban flood control efforts, including through the management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood. ####
(2)Use of natural and nature-based features In carrying out a project under this section, the Secretary shall, to the maximum extent practicable, seek to incorporate natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))). ####
(3)Consideration In carrying out a project under this section, the Secretary shall, where appropriate, maximize the use of features for the reclamation, recycling, and reuse of flood water and stormwater associated with the project. ####
(4)Items provided by non-federal interest #####
(A)In general The non-Federal interest for a project carried out under this section shall provide all land, easements, rights-of-way, and relocations necessary for the project. #####
(B)Credit The value of the land, easements, rights-of-way, and relocations provided under subparagraph
(A)shall be credited toward the non-Federal share of the cost of the project. ####
(5)Agreements Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay— #####
(A)the non-Federal share of the costs of construction required under this section; and #####
(B)100 percent of any operation, maintenance, replacement, and rehabilitation costs associated with the project, in accordance with regulations prescribed by the Secretary. ###
(c)Cost-share ####
(1)Study Subject to paragraph (3), the Federal share of the cost of a study carried out under this section shall be 50 percent, except that the first $100,000 of the cost of the study shall be at Federal expense. ####
(2)Construction Subject to paragraph (3), the non-Federal share of the cost of a project carried out under this section shall be 35 percent. ####
(3)Limitation The total Federal amount expended for a study or project under this section shall be not more than $10,000,000. ###
(d)Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each fiscal year.
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