I

104TH CONGRESS

2D SESSION H. R. 3108

To permit the construction of flood control projects by non-Federal interests.

IN THE HOUSE OF REPRESENTATIVES

MARCH 19, 1996

Mr. BENTSEN (for himself and Ms. LOFGREN) introduced the following bill;

which was referred to the Committee on Transportation and Infrastructure

A BILL

To permit the construction of flood control projects by nonFederal interests.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONSTRUCTION OF FLOOD CONTROL

4 PROJECTS BY NON-FEDERAL INTERESTS.

5 (a) AUTHORITY.—Non-Federal interests are author6 ized to undertake flood control projects in the United

7 States, subject to obtaining any permits required pursuant

8 to Federal and State laws, in advance of actual construc9 tion.

10 (b) STUDIES AND ENGINEERING.—
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1 (1) BY NON-FEDERAL INTERESTS.—A non-Fed2 eral interest may prepare, for review and approval

3 by the Secretary, the necessary studies and engi4 neering for any construction to be undertaken pur5 suant to subsection (a).

6 (2) BY SECRETARY.—Upon request of an ap7 propriate non-Federal interest, the Secretary may

8 undertake all necessary studies and engineering for

9 any construction to be undertaken pursuant to sub10 section (a) and provide technical assistance in ob11 taining all necessary permits for such construction if

12 the non-Federal interest contracts with the Sec13 retary to furnish the United States funds for the

14 studies and engineering during the period that the

15 studies and engineering will be conducted.

16 (c) COMPLETION OF STUDIES.—The Secretary is au17 thorized to complete and transmit to the appropriate non18 Federal interests any study for flood control which was

19 initiated before the date of the enactment of this Act or,

20 upon the request of such non-Federal interests, to termi21 nate the study and transmit the partially completed study

22 to such non-Federal interests for completion. Studies sub23 ject to this subsection shall be completed without regard

24 to the requirements of subsection (b).

25 (d) AUTHORITY TO CARRY OUT IMPROVEMENT.—
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1 (1) IN GENERAL.—Any non-Federal interest

2 which has received from the Secretary pursuant to

3 subsection (b) or (c) a favorable recommendation to

4 carry out a flood control project or separable ele5 ment thereof based on the results of completed stud6 ies and engineering for the project or element, may

7 carry out the project or element if a final environ8 mental impact statement has been filed for the

9 project or element.

10 (2) PERMITS.—Any plan of improvement pro11 posed to be implemented in accordance with this

12 subsection shall be deemed to satisfy the require13 ments for obtaining the appropriate permits required

14 under the Secretary’s authority and such permits

15 shall be granted subject to the non-Federal interest’s

16 acceptance of the terms and conditions of such per17 mits if the Secretary determines that the applicable

18 regulatory criteria and procedures have been satis19 fied.

20 (3) MONITORING.—The Secretary shall monitor

21 any project for which a permit is granted under this

22 subsection in order to ensure that such project is

23 constructed (and, in those cases where such activi24 ties will not be the responsibility of the Secretary,
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1 operated and maintained) in accordance with the

2 terms and conditions of such permit.

3 (e) REIMBURSEMENT.—

4 (1) GENERAL RULE.—Subject to appropriation

5 Acts, the Secretary is authorized to reimburse any

6 non-Federal interest an amount equal to the esti7 mate of the Federal share, without interest, of the

8 cost of any authorized flood control project, or sepa9 rable element thereof, constructed pursuant to this

10 section—

11 (A) if, after authorization and before initi12 ation of construction of the project or separable

13 element, the Secretary approves the plans for

14 construction of such project by the non-Federal

15 interest; and

16 (B) if the Secretary finds, after a review of

17 studies and engineering prepared pursuant to

18 this section, that construction of the project or

19 separable element is economically justified and

20 environmentally acceptable.

21 (2) MATTERS TO BE CONSIDERED IN REVIEW22 ING PLANS.—In reviewing plans under this sub23 section, the Secretary shall consider budgetary and

24 programmatic priorities and other factors that the

25 Secretary deems appropriate.
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1 (3) MONITORING.—The Secretary shall regu2 larly monitor and audit any project for flood control

3 constructed under this section by a non-Federal in4 terest in order to ensure that such construction is in

5 compliance with the plans approved by the Secretary

6 and that the costs are reasonable.

7 (4) LIMITATION ON REIMBURSEMENTS.—No re8 imbursement shall be made under this section unless

9 and until the Secretary has certified that the work

10 for which reimbursement is requested has been per11 formed in accordance with applicable permits and

12 approved plans.

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