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 non-
Federal interests.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
CONSTRUCTION 
OF 
FLOOD 
CONTROL
PROJECTS BY NON-FEDERAL INTERESTS.
(a) AUTHORITY.—Non-Federal interests are author-
ized to undertake flood control projects in the United
States, subject to obtaining any permits required pursuant
to Federal and State laws, in advance of actual construc-
tion.
(b) STUDIES AND ENGINEERING.—
(1) BY NON-FEDERAL INTERESTS.—A non-Fed-
eral interest may prepare, for review and approval
by the Secretary, the necessary studies and engi-
neering for any construction to be undertaken pur-
suant to subsection (a).
(2) BY SECRETARY.—Upon request of an ap-
propriate non-Federal interest, the Secretary may
undertake all necessary studies and engineering for
any construction to be undertaken pursuant to sub-
section (a) and provide technical assistance in ob-
taining all necessary permits for such construction if
the non-Federal interest contracts with the Sec-
retary to furnish the United States funds for the
studies and engineering during the period that the
studies and engineering will be conducted.
(c) COMPLETION OF STUDIES.—The Secretary is au-
thorized to complete and transmit to the appropriate non-
Federal interests any study for flood control which was
initiated before the date of the enactment of this Act or,
upon the request of such non-Federal interests, to termi-
nate the study and transmit the partially completed study
to such non-Federal interests for completion. Studies sub-
ject to this subsection shall be completed without regard
to the requirements of subsection (b).
(d) AUTHORITY TO CARRY OUT IMPROVEMENT.—
(1) IN
GENERAL.—Any non-Federal interest
which has received from the Secretary pursuant to
subsection (b) or (c) a favorable recommendation to
carry out a flood control project or separable ele-
ment thereof based on the results of completed stud-
ies and engineering for the project or element, may
carry out the project or element if a final environ-
mental impact statement has been filed for the
project or element.
(2) PERMITS.—Any plan of improvement pro-
posed to be implemented in accordance with this
subsection shall be deemed to satisfy the require-
ments for obtaining the appropriate permits required
under the Secretary’s authority and such permits
shall be granted subject to the non-Federal interest’s
acceptance of the terms and conditions of such per-
mits if the Secretary determines that the applicable
regulatory criteria and procedures have been satis-
fied.
(3) MONITORING.—The Secretary shall monitor
any project for which a permit is granted under this
subsection in order to ensure that such project is
constructed (and, in those cases where such activi-
ties will not be the responsibility of the Secretary,
operated and maintained) in accordance with the
terms and conditions of such permit.
(e) REIMBURSEMENT.—
(1) GENERAL RULE.—Subject to appropriation
Acts, the Secretary is authorized to reimburse any
non-Federal interest an amount equal to the esti-
mate of the Federal share, without interest, of the
cost of any authorized flood control project, or sepa-
rable element thereof, constructed pursuant to this
section—
(A) if, after authorization and before initi-
ation of construction of the project or separable
element, the Secretary approves the plans for
construction of such project by the non-Federal
interest; and
(B) if the Secretary finds, after a review of
studies and engineering prepared pursuant to
this section, that construction of the project or
separable element is economically justified and
environmentally acceptable.
(2) MATTERS TO BE CONSIDERED IN REVIEW-
ING
PLANS.—In reviewing plans under this sub-
section, the Secretary shall consider budgetary and
programmatic priorities and other factors that the
Secretary deems appropriate.
(3) MONITORING.—The Secretary shall regu-
larly monitor and audit any project for flood control
constructed under this section by a non-Federal in-
terest in order to ensure that such construction is in
compliance with the plans approved by the Secretary
and that the costs are reasonable.
(4) LIMITATION ON REIMBURSEMENTS.—No re-
imbursement shall be made under this section unless
and until the Secretary has certified that the work
for which reimbursement is requested has been per-
formed in accordance with applicable permits and
approved plans.
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