Page:United States Statutes at Large Volume 110 Part 5.djvu/603

 PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3677 (A) an evaluation of the impact of risk-based analysis on project formulation, project economic justification, and minimum engineering and safety standards; and (B) a review of studies conducted using risk-based analysis to determine— (i) the scientific validity of applying risk-based analysis in these studies; and (ii) the impact of using risk-based analysis as it relates to current policy and procedures of the Corps of Engineers. (2) REPORT.— Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study under paragraph (1), as well as such recommendations as the Secretary considers appropriate. (3) LIMITATION ON USE OF METHODOLOGY.—During the period beginning on the date of the enactment of this Act and ending 18 months after that date, if requested by a non- Federal interest, the Secretary shall refrain from using any risk-based technique required under the studies described in paragraph (1) for the evaluation and design of a project. (4) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated $250,000 to carry out this subsection. SEC. 203. COST SHARING FOR FEASIBILITY STUDIES. (a) NON-FEDERAL SHARE.— Section 105(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(a)) is amended— (1) by striking paragraph (1) and inserting the following: " (1) COST SHARING.— "(A) IN GENERAL.— The Secretary shall not initiate any feasibility study for a water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the study. " (B) PAYMENT OF COST SHARE DURING PERIOD OF STUDY. —During the period of the study, the non-Federal share of the cost of the study payable under subparagraph (A) shall be 50 percent of the sum of— "(i) the cost estimate for the study as contained in the feasibility cost-sharing agreement; and "(ii) any excess of the cost of the study over the cost estimate if the excess results from— "(I) a change in Federal law; or "(II) a change in the scope of the study requested by the non-Federal interests. " (C) PAYMENT OF COST SHARE ON AUTHORIZATION OF PROJECT OR TERMINATION OF STUDY.— "(i) PROJECT TIMELY AUTHORIZED. —Except as otherwise agreed to by the Secretary and the non- Federal interests and subject to clause (ii), the non- Federal share of any excess of the cost of the study over the cost estimate (excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on which the Secretary and the non-Federal interests enter into an agreement pursuant to section 101(e) or 103(j) with respect to the project.

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