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(a) General authority The Secretary may carry out an aquatic ecosystem restoration and protection project if the Secretary determines that the project - (1) will improve the quality of the environment and is in the public interest; and (2) is cost-effective. (b) Cost sharing (1) In general Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations. (2) Form Before October 1, 2003, the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs. (c) Agreements (1) In general 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 the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary. (2) Nonprofit entities Notwithstanding section 1962d-5b of title 42, for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government. (d) Cost limitation Not more than $5,000,000 in Federal funds may be allotted under this section for a project at any single locality. (e) Funding There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year.
Codification
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Amendments
1999 - Subsec. (b). Pub. L. 106-53, Sec. 210(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (c). Pub. L. 106-53, Sec. 210(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L. 104-303, set out as a note under section 2201 of this title.
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