Page:United States Statutes at Large Volume 100 Part 5.djvu/626

 100 STAT. 4100

PUBLIC LAW 99-662—NOV. 17, 1986

for which permits are 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 permits,

Contracts.

f:''?feiJi'

(e) REIMBURSEMENT.— (1) GENERAL RULE.—Subject to the e n a c t m e n t of appropriation Acts, the Secretary is authorized to r e i m b u r s e any non-Federal interest a n a m o u n t equal to the estimate of Federal share, without interest, of the cost of any authorized h a r b o r or inland h a r b o r improvement, or separable element thereof, constructed ,^ under the term s of this section if— ,, (A) after authorization of the project and before initiation , of construction of the project or separable element— (i) the Secretary approves the plans of construction of < V r such project by such non-Federal interest, and ..-;, (ii) such non-Federal interest enter s into a n agreem e n t to pay the non-Federal share, if any, of the cost of operation and m a i n t e n a n c e of such project; and

. -> (B) lY^Q Secretary finds before approval of the plans of 0 '•'. _ *;. construction of the project that the project, or separable element, is economically justified and environmentally acceptable. (2) MATTERS TO B E CONSIDERED IN REVIEWING PLANS.—In

•



reviewing such plans, the Secretary shall consider budgetary and programmatic priorities, potential impacts on the cost of dredging projects nationwide, and other factors that the Secretary deems appropriate. (3) MONITORING.—The Secretary shall regularly monitor and audit any project for a harbor or inland harbor constructed under this subsection by a non-Federal interest in order to ensure that such construction is in compliance with the plans approved by the Secretary, and that costs are reasonable. No reimbursement shall be made unless and until the Secretary - has certified that the work for which reimbursement is requested has been performed in accordance with applicable permits and the approved plans. (e) OPERATION AND MAINTENANCE.—Whenever a non-Federal interest constructs improvements to any harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) if— (1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically - justified, environmentally acceptable, and consistent with the ,, purposes of this title; >/ (2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards; and (3) the Secretary does not find that the project, or separable - • %: element thereof, is no longer economically justified or environmentally acceptable. (f) DEMONSTRATION OF NON-FEDERAL INTERESTS ACTING AS AGENT

OF SECRETARY.—For the purpose of demonstrating the potential advantages and efficiencies of non-Federal management of projects, the Secretary may approve as many as two proposals pursuant to which the non-Federal interests will undertake part or all of a harbor project authorized by Congress as the agent of the Secretary

�