Page:United States Statutes at Large Volume 113 Part 1.djvu/313

 PUBLIC LAW 106-53—AUG. 17, 1999 113 STAT. 289 and appropriate, nonstructural approaches to preventing or reducing flood damages. (4) PARTICIPATION.—The studies and projects shall be conducted, to the maximum extent practicable, in cooperation with State and local agencies and tribes to ensure the coordination of local flood damage reduction or riverine and wetland restoration studies with projects that conserve, restore, and manage hydrologic and hydraulic regimes and restore the natural functions and values of floodplains. (c) COST-SHARING REQUIREMENTS.— (1) STUDIES.— Studies conducted under this section shall be subject to cost sharing in accordance with section 105 of the Water Resources Development Act of 1986 (33 U.S.C. 2215). (2) ENVIRONMENTAL RESTORATION AND NONSTRUCTURAL FLOOD CONTROL PROJECTS.— (A) IN GENERAL.—The non-Federal interests shall pay 35 percent of the cost of any environmental restoration or nonstructural flood control project carried out under this section. (B) ITEMS PROVIDED BY NON-FEDERAL INTERESTS. —The non-Federal interests shall provide all land, easements, rights-of-way, dredged material disposal areas, and relocations necessary for such projects. (C) CREDIT.— The value of such land, easements, rightsof-way, dredged material disposal areas, and relocations shall be credited toward the payment required under this paragraph. (3) STRUCTURAL FLOOD CONTROL PROJECTS.— Any structural flood control projects CEirried out under this section shall be subject to cost sharing in accordance with section 103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(a)). (4) OPERATION AND MAINTENANCE.—The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (d) PROJECT JUSTIFICATION.— (1) IN GENERAL. —Notwithstanding any other provision of law or requirement for economic justification established under section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962- 2), the Secretary may implement a project under this section if the Secretary determines that the project— (A) will significantly reduce potential flood damages; (B) will improve the quality of the environment; and (C) is justified considering all costs and beneficial outputs of the project. (2) ESTABLISHMENT OF SELECTION AND RATING CRITERL\. AND POLICIES.— (A) IN GENERAL.— Not later than 180 days after the Deadline. date of enactment of this Act, the Secretary, in cooperation with State and local agencies and tribes, shall— (i) develop, and submit to the Committee on Transportation and Infi"astructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, criteria for selecting and rating projects to be carried out under this section; and

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