Page:United States Statutes at Large Volume 113 Part 1.djvu/324

 113 STAT. 300 PUBLIC LAW 106-53 —AUG. 17, 1999 of-way, relocations, and dredged materi£d disposal areas necessary for the Terminus Dam project and to perform operation and maintenance for the project. (c) OPERATION AND MAINTENANCE.—On request by the non- Federal interests, the Secretary shall carry out operation, maintenance, repair, replacement, and rehabilitation of the project if the non-Federal interests enter into a binding agreement with the Secretary to reimburse the Secretary for 100 percent of the costs of such operation, maintensince, repair, replacement, and rehabilitation, and any other expenses incurred by the Corps of Engineers under this section. (d) HOLD HARMLESS. — The non-Federal interests shall hold the United States harmless for ownership, operation, and maintenance of lands and facilities of the Terminus Dam project title to which is transferred to the Secretary under this section. SEC. 308. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, DELAWARE, NEW JERSEY, AND PENNSYLVAPOA. The project for navigation, Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania, authorized by section 101(6) of the Water Resources Development Act of 1992 (106 Stat. 4802), is modified as follows: (1) CREDIT FOR ENGINEERING AND DESIGN AND CONSTRUC- TION MANAGEMENT WORK.— The Secretary may provide the non- Federal interests credit, toward cash contributions required for construction and subsequent to construction, for the costs of engineering and design and construction management work that is performed by the non-Federal interests and that the Secretary determines is necessary to implement the project. Any such credit shall reduce the Philadelphia District's private sector performance goals for engineering work by the amount of the credit. (2) CREDIT FOR COSTS OF CONSTRUCTION.— The Secretary may provide the non-Federal interests credit, toward cash con- , tributions required during construction and subsequent to construction, for the costs of construction performed by the 1 non-Federal interests on behalf of the Secretary and that the Secretary determines is necessary to implement the project. (3) PAYMENT OF DISPOSAL OR TIPPING FEES. —The Secretary may enter into an agreement with a non-Federal interest for the pa3mrient of disposal or tipping fees for dredged material from a Federal project, other than for the construction or operation and maintenance of the new deepening project as described in the Limited Reevaluation Report dated May 1997, if the non-Federal interest has supplied the corresponding disposal capacity. (4) DISPOSAL AREA MANAGEMENT PLAN.—The Secretary may enter into an agreement with a non-Federal interest under which— (A) the non-Federal interest may carry out or cause to have carried out on behalf of the Secretary a disposal area management program for dredged material disposal areas necessary to construct, operate, and maintain the project; and (B) the Secretary shall reimburse the non-Federal interest for the costs of carrying out the program.

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