Page:United States Statutes at Large Volume 104 Part 6.djvu/257

 PUBLIC LAW 101-640—NOV. 28, 1990 104 STAT. 4647 (4) in paragraph (e)(5) by striking "seven" and inserting "12"; and (5) in paragraph (f)(2)(A) by striking "ten" and inserting "15". SEC. 406. CONSTRUCTION OF VIRGIN ISLANDS PROJECTS BY SECRETARY 48 USC 1405c OF THE ARMY. note. (a) GENERAL RULE.—Upon request of the Governor of the Virgin Islands with respect to a construction project in the Virgin Islands for which Federal financial assistance is available under any law of the United States, the Federal official administering such assistance may make such assistance available to the Secretary instead of the Virgin Islands. The Secretary shall use such assistance to carry out such project in accordance with the provisions of such law. (b) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed as relieving the Virgin Islands from complying with any requirements for non-Federal cooperation with respect to a construction project carried out with Federal financial assistance provided to the Secretary pursuant to this section; except that the Secretary shall be responsible for complying with administrative and fiscal requirements associated with utilization of such assistance. (c) TERMINATION DATE.— Subsection (a) shall not be effective after the last day of the 3-year period beginning on the date of the enactment of this Act; except that the Secretary shall complete construction of any project commenced under subsection (a) before such day. SEC. 407. VIRGINIA BEACH, VIRGINIA. (a) LOCAL COOPERATION AGREEMENT EFFECTIVE DATE. — The Secretary shall enter into a local cooperative agreement with the city of Virginia Beach, Virginia, for beach nourishment in accordance with section 145 of the Water Resources Development Act of 1976 (33 U.S.C. 426j). The local cooperation agreement shall be effective from February 6, 1987. (b) REIMBURSEMENT.—The Secretary is authorized to reimburse the city of Virginia Beach for the Federal share of beach nourishment in accordance with section 103(c)(5) of the Water Resources Development Act of 1986. SEC. 408. DECLARATION OF NONNAVIGABILITY FOB PORTIONS OF LAKE 33 USC 59bb. ERIE. (a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTEREST.— Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries of Lake Erie described in Committee Print 101-48 of the Committee on Public Works and Transportation of the House of Representatives, dated July 1990, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of Lake Erie, bounded and described in such Committee print, are declared to be nonnavigable waters of the United States. (b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS. — The declaration under subsection (a) shall apply only to those parts of the areas described in the Committee print referred to in subsection (a) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations includ- 39-194O-91-9:QL3Part6

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