33 U.S.C. § 2214 : US Code - Section 2214: General credit for flood control

Search 33 U.S.C. § 2214 : US Code - Section 2214: General credit for flood control

(a) Guidelines
Within one year after November 17, 1986, the Secretary shall
issue guidelines to carry out this section, consistent with the
principles and guidelines on project formulation. The guidelines
shall include criteria for determining whether work carried out by
non-Federal interests is compatible with a project for flood
control and procedures for making such determinations. The
guidelines under this section shall be promulgated after notice in
the Federal Register and opportunity for comment.
(b) Analysis of costs and benefits
The guidelines established under subsection (a) of this section
shall provide for the Secretary to consider, in analyzing the costs
and benefits of a proposed project for flood control, the costs and
benefits produced by any flood control work carried out by non-
Federal interests that the Secretary determines to be compatible
with the project. For purposes of the preceding sentence the
Secretary may consider only work carried out after the date which
is 5 years before the first obligation of funds for the
reconnaissance study for such project. In no case may work which
was carried out more than 5 years before November 17, 1986, be
considered under this subsection, unless otherwise provided in this
Act.
(c) Crediting of non-Federal share
The guidelines established under subsection (a) of this section
shall provide for crediting the cost of work carried out by the non-
Federal interests against the non-Federal share of the cost of an
authorized project for flood control as follows:
(1) Work which is carried out after the end of the
reconnaissance study and before the submission to Congress of the
final report of the Chief of Engineers on the project and which
is determined by the Secretary to be compatible with the project
shall be included as part of the project and shall be recommended
by the Secretary in the final report for credit against the non-
Federal share of the cost of the project.
(2) Work which is carried out after submission of the final
report of the Chief of Engineers to Congress and which is
determined by the Secretary to be compatible with the project
shall be considered as part of the project and shall be credited
by the Secretary against the non-Federal share of the cost of the
project in accordance with the guidelines promulgated pursuant to
subsection (a) of this section.
In no event may work which was carried out more than 5 years before
November 17, 1986, be considered under this subsection, unless
otherwise provided in this Act.
(d) Procedure for work done before November 17, 1986
The Secretary shall consider, under subsections (b) and (c) of
this section, work carried out before November 17, 1986, by non-
Federal interests on a project for flood control, if the non-
Federal interests apply to the Secretary for consideration of such
work not later than March 31, 1987. The Secretary shall make
determinations under subsections (b) and (c) of this section with
respect to such work not later than 6 months after guidelines are
issued under subsection (a) of this section.
(e) Procedure for work done after November 17, 1986
The Secretary shall consider work carried out after November 17,
1986, by non-Federal interests on a project for flood control under
subsections (b) and (c) of this section in accordance with the
guidelines issued under subsection (a) of this section. The
guidelines shall require prior approval by the Secretary of any
flood control work carried out after November 17, 1986, in order to
be considered under this section, taking into account the economic
and environmental feasibility of the project.
(f) Limitation not applicable
Any flood control work included as part of the non-Federal share
of the cost of a project under this section shall not be subject to
the limitation contained in the last sentence of section 1962d-
5a(a) of title 42.
(g) Cash contribution not affected
Nothing in this section affects the requirement of section
2213(a)(1)(A) of this title.