42 U.S.C. § 1962d-5b : US Code - Section 1962D-5B: Water resources projects; written agreement requirement

Search 42 U.S.C. § 1962d-5b : US Code - Section 1962D-5B: Water resources projects; written agreement requirement

(a) Cooperation of non-Federal interest
After December 31, 1970, the construction of any water resources
project, or an acceptable separable element thereof, by the
Secretary of the Army, acting through the Chief of Engineers, or by
a non-Federal interest where such interest will be reimbursed for
such construction under the provisions of section 1962d-5a of this
title or under any other provision of law, shall not be commenced
until each non-Federal interest has entered into a written
agreement with the Secretary of the Army to furnish its required
cooperation for the project or the appropriate element of the
project, as the case may be; except that no such agreement shall be
required if the Secretary determines that the administrative costs
associated with negotiating, executing, or administering the
agreement would exceed the amount of the contribution required from
the non-Federal interest and are less than $25,000. In any such
agreement entered into by a State, or a body politic of the State
which derives its powers from the State constitution, or a
governmental entity created by the State legislature, the agreement
may reflect that it does not obligate future appropriations for
such performance and payment when obligating future appropriations
would be inconsistent with constitutional or statutory limitations
of the State or a political subdivision of the State.
(b) Definition of non-Federal interest
A non-Federal interest shall be a legally constituted public body
with full authority and capability to perform the terms of its
agreement and to pay damages, if necessary, in the event of failure
to perform.
(c) Enforcement; jurisdiction
Every agreement entered into pursuant to this section shall be
enforcible in the appropriate district court of the United States.
(d) Nonperformance of terms of agreement by non-Federal interest;
notice; reasonable opportunity for performance; performance by
Chief of Engineers
After commencement of construction of a project, the Chief of
Engineers may undertake performance of those items of cooperation
necessary to the functioning of the project for its purposes, if he
has first notified the non-Federal interest of its failure to
perform the terms of its agreement and has given such interest a
reasonable time after such notification to so perform.
(e) Effective date
This section shall not apply to any project the construction of
which was commenced before January 1, 1972, or to the assurances
for future demands required by the Water Supply Act of 1958, as
amended [43 U.S.C. 390b].