Page:United States Statutes at Large Volume 114 Part 4.djvu/623

 PUBLIC LAW 106-541—DEC. 11, 2000 114 STAT. 2685 for 50 percent of the cost of operation, maintenance, repair, replacement, and rehabilitation activities authorized under this section. Furthermore, the Seminole Tribe of Florida shall be responsible for 50 percent of the cost of operation, maintenance, repair, replacement, and rehabilitation activities for the Big Cypress Seminole Reservation Water Conservation Plan Project. (5) CREDIT.— (A) IN GENERAL.— Notwithstanding section 528(e)(4) of the Water Resources Development Act of 1996 (110 Stat. 3770) and regardless of the date of acquisition, the value of lands or interests in lands and incidentsJ costs for land acquired by a non-Federal sponsor in accordance with a project implementation report for any project included in the Plan and authorized by Congress shall be— (i) included in the total cost of the project; and (ii) credited toward the non-Federal share of the cost of the project. (B) WORK.— The Secretary may provide credit, including in-kind credit, toward the non-Federal share for the reasonable cost of any work performed in connection with a study, preconstruction engineering and design, or construction that is necessary for the implementation of the Plan if— (i)(I) the credit is provided for work completed during the period of design, as defined in a design agreement between the Secretary and the non-Federal sponsor; or (II) the credit is provided for work completed during the period of construction, as defined in a project cooperation agreement for an authorized project between the Secretary and the non-Federal sponsor; (ii) the design agreement or the project cooperation agreement prescribes the terms and conditions of the credit; and (iii) the Secretary determines that the work performed by the non-Federal sponsor is integral to the project. (C) TREATMENT OF CREDIT BETWEEN PROJECTS.— Any credit provided under this paragraph may be carried over between authorized projects in accordance with subparagraph (D). (D) PERIODIC MONITORING. — (i) IN GENERAL.—To ensure that the contributions of the non-Federal sponsor equal 50 percent proportionate share for projects in the Plan, during each 5-year period, beginning with commencement of design of the Plan, the Secretary shall, for each project— (I) monitor the non-Federal provision of cash, in-kind services, and land; and (II) manage, to the maximum extent practicable, the requirement of the non-Federal sponsor to provide cash, in-kind services, and land. (ii) OTHER MONITORING.— The Secretary shall conduct monitoring under clause (i) separately for the preconstruction engineering and design phase and the construction phase.

�