33 U.S.C. § 2215 : US Code - Section 2215: Feasibility studies; planning, engineering, and design

Search 33 U.S.C. § 2215 : US Code - Section 2215: Feasibility studies; planning, engineering, and design

(a) Feasibility studies
(1) Cost sharing
(A) In general
The Secretary shall not initiate any feasibility study for a
water resources project after November 17, 1986, until
appropriate non-Federal interests agree, by contract, to
contribute 50 percent of the cost of the study.
(B) Payment of cost share during period of study
During the period of the study, the non-Federal share of the
cost of the study payable under subparagraph (A) shall be 50
percent of the sum of -
(i) the cost estimate for the study as contained in the
feasibility cost-sharing agreement; and
(ii) any excess of the cost of the study over the cost
estimate if the excess results from -
(I) a change in Federal law; or
(II) a change in the scope of the study requested by the
non-Federal interests.
(C) Payment of cost share on authorization of project or
termination of study
(i) Project timely authorized
Except as otherwise agreed to by the Secretary and the non-
Federal interests and subject to clause (ii), the non-
Federal share of any excess of the cost of the study over
the cost estimate (excluding any excess cost described in
subparagraph (B)(ii)) shall be payable on the date on which
the Secretary and the non-Federal interests enter into an
agreement pursuant to section 2211(e) or 2213(j) of this
title with respect to the project.
(ii) Project not timely authorized
If the project that is the subject of the study is not
authorized by the date that is 5 years after the completion
of the final report of the Chief of Engineers concerning the
study or the date that is 2 years after the termination of
the study, the non-Federal share of any excess of the cost of
the study over the cost estimate (excluding any excess cost
described in subparagraph (B)(ii)) shall be payable to the
United States on that date.
(D) Amendment of cost estimate
The cost estimate referred to in subparagraph (B)(i) may be
amended only by agreement of the Secretary and the non-Federal
interests.
(E) In-kind contributions
The non-Federal share required under this paragraph may be
satisfied by the provision of services, materials, supplies, or
other in-kind services necessary to prepare the feasibility
report.
(2) Applicability
This subsection shall not apply to any water resources study
primarily designed for the purposes of navigational improvements
in the nature of dams, locks, and channels on the Nation's system
of inland waterways.
(b) Planning and engineering
The Secretary shall not initiate any planning or engineering
authorized by this Act for a water resources project until
appropriate non-Federal interests agree, by contract, to contribute
50 percent of the cost of the planning and engineering during the
period of the planning and engineering. Costs of planning and
engineering of projects for which non-Federal interests contributed
50 percent of the cost of the feasibility study shall be treated as
costs of construction.
(c) Design
Costs of design of a water resources project shall be shared in
the same percentage as the purposes of such project.