Sec. 912. SECTION 221 AGREEMENTS
550 words·~3 min read·
/statute-compilations/comps-2979/sec-912A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SECTION 912 SECTION 221 AGREEMENTS ###
(a)Section 221(a) of the Flood Control Act of 1970 is amended— ####
(1)by inserting “, or an acceptable separable element thereof,” after “water resources project”, and by inserting “or the appropriate element of the project, as the case may be” after “for the project”; and ####
(2)by adding at the end the following: “In any such agreement entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future State legislative appropriations for such performance and payment when obligating future appropriations would be inconsistent with State constitutional or statutory limitations.”. ###
(b)**[**[42 U.S.C. 1962d-5b note](/us/usc/t42/s1962d-5b)**]** ####
(1)The Secretary may require compliance with any requirements pertaining to cooperation by non-Federal interests in carrying out any water resources project authorized before, on, or after the date of enactment of this Act. ####
(2)Whenever on the basis of any information available to the Secretary, the Secretary finds that any non-Federal interest is not providing cooperation required under subsection (a), the Secretary may issue an order requiring such non-Federal interest to provide such cooperation. ####
(3)Non-Federal interests shall be liable for interest on any payments required pursuant to section 221 of the Flood Control Act of 1970 that may fall delinquent. The interest rate to be charged on any such delinquent payment shall be at a rate, to be determined by the Secretary of the Treasury, equal to 150 percent of the average bond equivalent rate of the thirteen-week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional three-month period if the period of delinquency exceeds three months. ####
(4)The Secretary may request the Attorney General to bring a civil action for appropriate relief, including permanent or temporary injunction, for payment of damages or, for any violation of an order issued under this section, to recover any cost incurred by the Secretary in undertaking performance of any item of cooperation under section 221(d) of the Flood Control Act of 1970, or to collect interest for which a non-Federal interest is liable under paragraph (3). Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides, or is doing businesss, and such court shall have jurisdiction to restrain such violation, to require compliance, to require payment of any damages, and to require payment of any costs incurred by the Secretary in undertaking performance of any such item. ####
(5)The Secretary is authorized to determine that no funds appropriated for operation and maintenance, including operation and maintenance of the project for flood control, Mississippi River and Tributaries, are to be used for the particular benefit of projects within the jurisdiction of any non-Federal interest when such non-Federal interest is in arrears for more than twenty-four months in the payment of charges due under an agreement entered into with the United States pursuant to section 221 of the Flood Control Act of 1970 (Public Law 91–611). * * * * * * *
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- Pub. L. 91-611
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources