[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3108 Introduced in House (IH)]

  2d Session
                                H. R. 3108

  To permit the construction of flood control projects by non-Federal 
                               interests.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1996

  Mr. Bentsen (for himself and Ms. Lofgren) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To permit the construction of flood control projects by non-Federal 
                               interests.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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 Engineering.--
            (1) By non-federal interests.--A non-Federal interest may 
        prepare, for review and approval by the Secretary, the 
        necessary studies and engineering for any construction to be 
        undertaken pursuant to subsection (a).
            (2) By secretary.--Upon request of an appropriate non-
        Federal interest, the Secretary may undertake all necessary 
        studies and engineering for any construction to be undertaken 
        pursuant to subsection (a) and provide technical assistance in 
        obtaining all necessary permits for such construction if the 
        non-Federal interest contracts with the Secretary to furnish 
        the United States funds for the studies and engineering during 
        the period that the studies and engineering will be conducted.
    (c) Completion of Studies.--The Secretary is authorized to complete 
and transmit to the appropriate non-Federal interests any study for 
flood control which was initiated before the date of the enactment of 
this Act or, upon the request of such non-Federal interests, to 
terminate the study and transmit the partially completed study to such 
non-Federal interests for completion. Studies subject to this 
subsection shall be completed without regard to the requirements of 
subsection (b).
    (d) Authority To Carry Out Improvement.--
            (1) In general.--Any non-Federal interest which has 
        received from the Secretary pursuant to subsection (b) or (c) a 
        favorable recommendation to carry out a flood control project 
        or separable element thereof based on the results of completed 
        studies and engineering for the project or element, may carry 
        out the project or element if a final environmental impact 
        statement has been filed for the project or element.
            (2) Permits.--Any plan of improvement proposed to be 
        implemented in accordance with this subsection shall be deemed 
        to satisfy the requirements for obtaining the appropriate 
        permits required under the Secretary's authority and 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 (and, in those cases 
        where such activities will not be the responsibility of the 
        Secretary, operated and maintained) in accordance with the 
        terms and conditions of such permit.
    (e) Reimbursement.--
            (1) General rule.--Subject to appropriation Acts, the 
        Secretary is authorized to 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 thereof, constructed pursuant to this 
        section--
                    (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; and
                    (B) if the Secretary finds, after a review of 
                studies and engineering prepared pursuant to this 
                section, that construction of the project or separable 
                element is economically justified and environmentally 
                acceptable.
            (2) 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 deems appropriate.
            (3) Monitoring.--The Secretary shall regularly monitor and 
        audit any project for flood control constructed under this 
        section by a non-Federal interest in order to ensure that such 
        construction is in compliance with the plans approved by the 
        Secretary and that the costs are reasonable.
            (4) Limitation on reimbursements.--No reimbursement shall 
        be made under this section unless and until the Secretary has 
        certified that the work for which reimbursement is requested 
        has been performed in accordance with applicable permits and 
        approved plans.
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