Page:United States Statutes at Large Volume 100 Part 5.djvu/611

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4085

iv T (4) DEFERRED PAYMENT OF AMOUNT EXCEEDING 30 PERCENT.—If

the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or separable element is completed, at an interest rate determined pursuant to section 106, The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (b) NONSTRUCTURAL FLOOD CONTROL PROJECTS.—The non-Federal share of the cost of nonstructural flood control measures shall be 25 percent of the cost of such measures. The non-Federal interests for any such measures shall be required to provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations necessary for the project, but shall not be required to contribute any amount in cash during construction of the project. (c) OTHER PURPOSES.—The non-Federal share of the cost assigned to other project purposes shall be as follows: (1) hydroelectric power: 100 percent, except that the market- Energy. ing of such power and the recovery of costs of constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided, That after the date of enactment of this Act, the Secretary shall not submit to Congress any proposal for the authorization of any water resources project that has a hydroelectric power component unless such proposal contains the comments of the appropriate Power Marketing Administrator designated pursuant to section 302 of the Department of Energy Organization Act (Public Law 95-91) concerning the appropriate Power Marketing Adminis- 42 USC 7152 tration's ability to market the hydroelectric power expected to be generated and not required in the operation of the project under the applicable Federal power marketing law, so that, 100 percent of operation, maintenance and replacement costs, 100 percent of the capital investment allocated to the purpose of hydroelectric power (with interest at rates established pursuant to or prescribed by applicable law), and any other costs assigned in accordance with law for return from power revenues can be returned within the period set for the return of such costs by or pursuant to such applicable Federal power marketing law; (2) municipal and industrial water supply: 100 percent; '(3) agricultural water supply: 35 percent; Agriculture and (4) recreation, including recreational navigation: 50 percent of agricultural separable costs and, in the case of any harbor or inland harbor commodities. or channel project, 50 percent of joint and separable costs allocated to recreational navigation; (5) hurricane and storm damage reduction: 35 percent; and (6) aquatic plant control: 50 percent of control operations. (d) CERTAIN OTHER COSTS ASSIGNED TO PROJECT PURPOSES.—Costs

of constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), 0>), and (c) and shall be shared in the same percentage as the purposes to which the costs are assigned, except that all costs assigned to benefits to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private lands shall be borne by non-Federal

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