Page:United States Statutes at Large Volume 106 Part 6.djvu/270

 106 STAT. 4828 PUBLIC LAW 102-580—OCT. 31, 1992 (B) which will require at least $1,000,000 in capital outlays. Such term does not include routine or deferred maintenance. The doUar amounts referred to in paragraphs (1) and (2) shall be a4justed annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers. 33 USC 426i-l. SEC. 206. CONSTRUCTION OF SHORELINE PROTECTION PROJECTS BY NON-FEDERAL INTERESTS. (a) AUTHORITY. —Non-Federal interests are authorized to undertake shoreline protection projects on the coastline of 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 under 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 under subsection (a) and provide technical assistance in obtaining all necessary permits for such construction if the non- F^eral interest contracts with the Secretary to furnish the -: United States funds for the studies and engineering during the period that the studies and engineering wili be conducted. (c) COMPLETION OF STUDIES.— The Secretary is authorized to complete and transmit to the appropriate non-Federal interests any study for shoreline protection which W£U3 initiated before the date of the enactment of this Act or, upon the request of such non-Federal interest, to terminate the study and transmit the partially completed study to the non-Federal interest 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 shoreline protection 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 reauired 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 permits are granted under this subsection in oraer 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 concQtions of such permits.

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