42 USC 1962d-5b - Written agreement requirement for water resources projects

U.S Code last checked for updates: May 04, 2024

§ 1962d–5b.

Written agreement requirement for water resources projects

(a)

Cooperation of non-Federal interest

(1)

In general

(2)

Liquidated damages

(3)

Obligation of future appropriations

(4)

Credit for in-kind contributions

(A)

In general

A partnership agreement described in paragraph (1) may provide with respect to a project that the Secretary shall credit toward the non-Federal share of the cost of the project, including a project implemented without specific authorization in law or a project under an environmental infrastructure assistance program, the value of in-kind contributions made by the non-Federal interest, including—

(i)

the costs of planning (including data collection), design, management, mitigation, construction, and construction services that are provided by the non-Federal interest for implementation of the project;

(ii)

the value of materials or services provided before execution of the partnership agreement, including efforts on constructed elements incorporated into the project; and

(iii)

the value of materials and services provided after execution of the partnership agreement.

(B)

Condition

(C)

Work performed before partnership agreement

(i)

Construction

(I)

In general

(II)

Eligibility

(ii)

Planning

(I)

In general

(II)

Eligibility

(D)

Limitations

Credit authorized under this paragraph for a project—

(i)

shall not exceed the non-Federal share of the cost of the project;

(ii)

shall not alter any other requirement that a non-Federal interest provide lands, easements, relocations, rights-of-way, or areas for disposal of dredged material for the project;

(iii)

shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction of the project under sections 2211(a)(2) and 2213(a)(1)(A) of title 33; and

(iv)

shall not exceed the actual and reasonable costs of the materials, services, or other things provided by the non-Federal interest, as determined by the Secretary.

(E)

Analysis of costs and benefits

(F)

Transfer of credit between separable elements of a project

(G)

Application of credit

(i)

In general

(ii)

Priority

(H)

Applicability

(i)

In general

(ii)

Authorization as addition to other authorizations

(b)

Definition of non-Federal interest

The term “non-Federal interest” means—

(1)

a legally constituted public body (including an Indian tribe and a tribal organization (as those terms are defined in section 5304 of title 25)); or

(2)

a nonprofit entity with the consent of the affected local government,

that has 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

(d)

Nonperformance of terms of agreement by non-Federal interest; notice; reasonable opportunity for performance; performance by Chief of Engineers

(e)

Delegation of authority

Not later than June 30, 2008

(1)

the authority to approve any policy in a partnership agreement that has appeared in an agreement previously approved by the Secretary;

(2)

the authority to approve any policy in a partnership agreement the specific terms of which are dictated by law or by a final feasibility study, final environmental impact statement, or other final decision document for a water resources project;

(3)

the authority to approve any partnership agreement that complies with the policies and guidelines issued by the Secretary; and

(4)

the authority to sign any partnership agreement for any water resources project unless, within 30 days of the date of authorization of the project, the Secretary notifies the district engineer in which the project will be carried out that the Secretary wishes to retain the prerogative to sign the partnership agreement for that project.

(f)

Report to Congress

Not later than 2 years after November 8, 2007, and every year thereafter, the Secretary shall submit to Congress a report detailing the following:

(1)

The number of partnership agreements signed by district engineers and the number of partnership agreements signed by the Secretary.

(2)

For any partnership agreement signed by the Secretary, an explanation of why delegation to the district engineer was not appropriate.

(g)

Public availability

Not later than 120 days after November 8, 2007, the Chief of Engineers shall—

(1)

ensure that each district engineer has made available to the public, including on the Internet, all partnership agreements entered into under this section within the preceding 10 years and all partnership agreements for water resources projects currently being carried out in that district; and

(2)

make each partnership agreement entered into after November 8, 2007, available to the public, including on the Internet, not later than 7 days after the date on which such agreement is entered into.

(h)

Effective date

(Pub. L. 91–611, title II, § 221, Dec. 31, 1970, 84 Stat. 1831; Pub. L. 92–222, § 4, Dec. 23, 1971, 85 Stat. 799; Pub. L. 99–662, title IX, § 912(a), Nov. 17, 1986, 100 Stat. 4189; Pub. L. 104–106, div. A, title X, § 1064(d), Feb. 10, 1996, 110 Stat. 445; Pub. L. 104–303, title II, § 220, Oct. 12, 1996, 110 Stat. 3696; Pub. L. 106–541, title II, § 201, Dec. 11, 2000, 114 Stat. 2587; Pub. L. 110–114, title II, § 2003(a)–(c), Nov. 8, 2007, 121 Stat. 1067, 1069; Pub. L. 113–121, title I, § 1018(a), June 10, 2014, 128 Stat. 1224; Pub. L. 114–322, title I, § 1131, Dec. 16, 2016, 130 Stat. 1653; Pub. L. 115–270, title I, § 1155(b), Oct. 23, 2018, 132 Stat. 3793.)

cite as: 42 USC 1962d-5b