Page:United States Statutes at Large Volume 100 Part 5.djvu/612

 100 STAT. 4086

PUBLIC LAW 99-662—NOV. 17, 1986

interests and all costs assigned to the protection of federally owned shores shall be borne by the United States. (e) APPLICABILITY.—

(1) IN GENERAL.—This section applies to any project (including any small project which is not specifically authorized by Congress and for which the Secretary has not approved funding before the date of enactment of this Act), or separable element thereof, on which physical construction is initiated after April 30, 1986, as determined by the Secretary, except as provided in paragraph (2). Mississippi. (2) EXCEPTIONS.—This section shall not apply to the Yazoo Kentucky. Basin, Mississippi, Demonstration Erosion Control Program, au23 USC 104 note. thorized by Public Law 98-8, or to the Harlan, Kentucky, or 94 Stat. 1339. Barbourville, Kentucky, elements of the project authorized by section 202 of Public Law 96-367. (f) DEFINITION OF SEPARABLE ELEMENT.—For purposes of this Act, the term "separable element" means a portion of a project— (1) which is physically separable from other portions of the project; and (2) which— (A) achieves hydrologic effects, or (B) produces physical or economic benefits, which are separately identifiable from those produced by other portions of the project. (g) DEFERRAL OF PAYMENT.—(1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share required under this section shall be required to be paid during the three-year period beginning on the date of enactment of this Act. (2) The projects referred to in paragraph (1) are the following: Louisiana. Arkansas. (A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and 33 USC 701bArkansas, authorized by the Flood Control Act of 1946; 721o. (B) Eight Mile Creek, Arkansas, authorized by Public Law 9999 Stat. 293. 88; and (C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by the Flood Control Act approved August 18, 1941. 33 USC (h) ASSIGNED JOINT AND SEPARABLE COSTS.—The share of the costs 702a-702m. specified under this section for each project purpose shall apply to the joint and separable costs of construction of each project assigned to that purpose, except as otherwise specified in this Act. (i) LANDS, EASEMENTS, RIGHTS-OF-WAY, DREDGED MATERIAL DISPOSAL AREAS, AND RELOCATIONS.—The non-Federal interests for a

project to which this section applies shall provide all lands, easements, rights-of-way, and dredged material disposal areas required for the project and perform all necessary relocations, except to the extent limited by any provision of this section. The value of any contribution under the preceding sentence shall be included in the non-Federal share of the project specified in this section, Contracts.

(j) AGREEMENT.— (1) REQUIREMENT FOR AGREEMENT.—Any

project to which this section applies (other than a project for hydroelectric power) shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilita• tion costs of the project, to pay the non-Federal share of the costs of construction required by this section, and to hold and '•• save the United States free from damages due to the construe-

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