Page:United States Statutes at Large Volume 110 Part 5.djvu/604

 110 STAT. 3678 PUBLIC LAW 104-303—OCT. 12, 1996 " (ii) PROJECT NOT TIMELY AUTHORIZED. — If the project that is the subject of the study is not authorized by the date that is 5 years after the completion of the final report of the Chief of Engineers concerning the study or the date that is 2 years after the termination of the study, 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 to the United States on that date. "(D) AMENDMENT OF COST ESTIMATE. —The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of the Secretary and the non-Federal interests. "(E) IN-KIND CONTRIBUTIONS.— Not more than V2 of the non-Federal share required under this paragraph may be satisfied by the provision of services, materials, supplies, or other in-kind services necessary to prepare the feasibility report."; and (2) in paragraph (2) by striking "(2) This subsection" and inserting the following: "(2) APPLICABILITY.—T his subsection". 33 USC 2215 (b) APPLICABILITY. —The amendments made by subsection (a) note. shall apply notwithstanding any feasibility cost-sharing agreement entered into by the Secretary and the non-Federal interests. On request of the non-Federal interest, the Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act so as to conform the agreements with the amendments. 33 USC 2215 (c) No REQUIREMENT OF REIMBURSEMENT.— Nothing in this secnote. tion or any amendment made by this section requires the Secretary to reimburse the non-Federal interests for funds previously contributed for a study. SEC. 204. RESTORATION OF ENVIRONMENTAL QUALITY. (a) REVIEW OF PROJECTS. —Section 1135(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2309a(a)) is amended— (1) by striking "the operation of; and (2) by inserting before the period at the end the following: "and to determine if the operation of such projects has contributed to the degradation of the quality of the environment". (b) PROGRAM OF PROJECTS. —Section 1135(b) of such Act is amended by striking the last 2 sentences. (c) RESTORATION OF ENVIRONMENTAL QUALITY. — Section 1135 of such Act is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; (2) by inserting after subsection (b) the following: "(c) RESTORATION OF ENVIRONMENTAL QUALITY.—I f the Secretary determines that construction of a water resources project by the Secretary or operation of a water resources project constructed by the Secretary has contributed to the degradation of the quality of the environment, the Secretary may undertake measures for restoration of environmental quality and measures for enhancement of environmental quality that are associated with the restoration, through modifications either at the project site or at other locations that have been affected by the construction

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