33 U.S.C. § 701b-13 : US Code - Section 701B-13: Construction of flood control projects by non-Federal interests

Search 33 U.S.C. § 701b-13 : US Code - Section 701B-13: Construction of flood control projects by non-Federal interests

(a) Authority
Non-Federal interests are authorized 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
construction.
(b) Studies and design activities
(1) By non-Federal interests
A non-Federal interest may prepare, for review and approval by
the Secretary, the necessary studies and design documents for any
construction to be undertaken pursuant to subsection (a) of this
section.
(2) By Secretary
Upon request of an appropriate non-Federal interest, the
Secretary may undertake all necessary studies and design
activities for any construction to be undertaken pursuant to
subsection (a) of this section and provide technical assistance
in obtaining all necessary permits for such construction if the
non-Federal interest contracts with the Secretary to provide to
the United States funds for the studies and design activities
during the period in which the studies and design activities will
be conducted.
(c) Completion of studies and design activities
In the case of any study or design documents for a flood control
project that were initiated before October 12, 1996, the Secretary
may complete and transmit to the appropriate non-Federal interests
the study or design documents or, upon the request of such non-
Federal interests, terminate the study or design activities and
transmit the partially completed study or design documents to such
non-Federal interests for completion. Studies and design documents
subject to this subsection shall be completed without regard to the
requirements of subsection (b) of this section.
(d) Authority to carry out improvement
(1) In general
(A) Studies and design activities under subsection (b)
(i) In general
A non-Federal interest may carry out construction for which
studies and design documents are prepared under subsection
(b) of this section only if the Secretary approves the
project for construction.
(ii) Criteria for approval
The Secretary shall approve a project for construction if
the Secretary determines that the project is technically
sound, economically justified, and environmentally acceptable
and meets the requirements for obtaining the appropriate
permits required under the authority of the Secretary.
(iii) No unreasonable withholding of approval
The Secretary shall not unreasonably withhold approval of a
project for construction.
(iv) No effect on regulatory authority
Nothing in this subparagraph affects any regulatory
authority of the Secretary.
(B) Studies and design activities under subsection (c)
Any non-Federal interest that has received from the Secretary
under subsection (c) of this section a favorable recommendation
to carry out a flood control project, or separable element of a
flood control project, based on the results of completed
studies and design documents for the project or element may
carry out the project or element if a final environmental
impact statement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) has been filed for the project or
element.
(2) Permits
Any plan of improvement proposed to be implemented in
accordance with this subsection (other than paragraph (1)(A))
shall be deemed to satisfy the requirements for obtaining the
appropriate permits required under the Secretary's authority.
Such permits shall be granted subject to the non-Federal
interest's acceptance of the terms and conditions of such permits
if the Secretary determines that the applicable regulatory
criteria and procedures have been satisfied.
(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, operated, and maintained in accordance
with the terms and conditions of such permit.
(e) Reimbursement
(1) General rule
Subject to appropriations Acts, the Secretary may reimburse any
non-Federal interest an amount equal to the estimate of the
Federal share, without interest, of the cost of any authorized
flood control project, or separable element of a flood control
project, constructed pursuant to this section and provide credit
for the non-Federal share of the project -
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary
approves the plans for construction of such project by the non-
Federal interest;
(B) if the Secretary finds, after a review of studies and
design documents prepared pursuant to this section, that
construction of the project or separable element is
economically justified and environmentally acceptable; and
(C) if the construction work is substantially in accordance
with plans prepared under subsection (b) of this section.
(2) Special rules
(A) Reimbursement or credit
For work (including work associated with studies, planning,
design, and construction) carried out by a non-Federal interest
with respect to a project described in subsection (f) of this
section, the Secretary shall, subject to the availability of
appropriations, reimburse, without interest, the non-Federal
interest an amount equal to the estimated Federal share of the
cost of such work, or provide credit (depending on the request
of the non-Federal interest) for the non-Federal share of such
work, if such work is later recommended by the Chief of
Engineers and approved by the Secretary.
(B) Credit
If the non-Federal interest for a project described in
subsection (f) of this section carries out work before
completion of a reconnaissance study by the Secretary and if
such work is determined by the Secretary to be compatible with
the project later recommended by the Secretary, the Secretary
shall credit the non-Federal interest for its share of the cost
of the project for such work.
(3) Matters to be considered in reviewing plans
In reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors
that the Secretary considers appropriate.
(4) Monitoring
The Secretary shall regularly monitor and audit any project for
flood control approved for construction under this section by a
non-Federal interest to ensure that such construction is in
compliance with the plans approved by the Secretary and that the
costs are reasonable.
(5) Limitation on reimbursements
The Secretary may not make any reimbursement under this section
until the Secretary determines that the work for which
reimbursement is requested has been performed in accordance with
applicable permits and approved plans.
(6) Schedule and manner of reimbursement
(A) Budgeting
The Secretary shall budget and request appropriations for
reimbursements under this section on a schedule that is
consistent with a Federal construction schedule.
(B) Commencement of reimbursements
Reimbursements under this section may commence on approval of
a project by the Secretary.
(C) Credit
At the request of a non-Federal interest, the Secretary may
reimburse the non-Federal interest by providing credit toward
future non-Federal costs of the project.
(D) Scheduling
Nothing in this paragraph affects the discretion of the
President to schedule new construction starts.
(f) Specific projects
For the purpose of demonstrating the potential advantages and
effectiveness of non-Federal implementation of flood control
projects, the Secretary shall enter into agreements pursuant to
this section with non-Federal interests for development of the
following flood control projects by such interests:
(1) Berryessa Creek, California
The Berryessa Creek element of the project for flood control,
Coyote and Berryessa Creeks, California, authorized by section
101(a)(5) of the Water Resources Development Act of 1990 (104
Stat. 4606); except that, subject to the approval of the
Secretary as provided by this section, the non-Federal interest
may design and construct an alternative to such element.
(2) Los Angeles County Drainage Area, California
The project for flood control, Los Angeles County Drainage
Area, California, authorized by section 101(b) of the Water
Resources Development Act of 1990 (104 Stat. 4611).
(3) Stockton Metropolitan Area, California
The project for flood control, Stockton Metropolitan Area,
California.
(4) Upper Guadalupe River, California
The project for flood control, Upper Guadalupe River,
California.
(5) Flamingo and Tropicana Washes, Nevada
The project for flood control, Las Vegas Wash and Tributaries
(Flamingo and Tropicana Washes), Nevada, authorized by section
101(13) of the Water Resources Development Act of 1992 (106 Stat.
4803).
(6) Brays Bayou, Texas
Flood control components comprising the Brays Bayou element of
the project for flood control, Buffalo Bayou and tributaries,
Texas, authorized by section 101(a)(21) of the Water Resources
Development Act of 1990 (104 Stat. 4610); except that, subject to
the approval of the Secretary as provided by this section, the
non-Federal interest may design and construct an alternative to
the diversion component of such element.
(7) Hunting Bayou, Texas
The Hunting Bayou element of the project for flood control,
Buffalo Bayou and tributaries, Texas, authorized by such section;
except that, subject to the approval of the Secretary as provided
by this section, the non-Federal interest may design and
construct an alternative to such element.
(8) White Oak Bayou, Texas
The project for flood control, White Oak Bayou watershed,
Texas.
(g) Treatment of flood damage prevention measures
For the purposes of this section, flood damage prevention
measures at or in the vicinity of Morgan City and Berwick,
Louisiana, shall be treated as an authorized separable element of
the Atchafalaya Basin feature of the project for flood control,
Mississippi River and Tributaries.