Page:United States Statutes at Large Volume 104 Part 6.djvu/245

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PUBLIC LAW 101-640—NOV. 28, 1990 104 STAT. 4635 SEC. 305. ABILITY TO PAY. (a) GENERAL RULE. —Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) is amended to read as follows: "(m) ABILITY TO PAY.— "(1) GENERAL RULE.— Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. " (2) PROCEDURES.— "(A) IN GENERAL.—The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. "(B) LIMITATIONS.—The procedures established pursuant to this subsection shall provide for a reduction in any non- Federal cash contribution required under subsection (a)(2) of this section. In addition, such procedures shall provide for determination of the eligibility of the non-Federal interest for a reduction in the required cash contribution on the basis of local, not statewide, economic and financial data. "(C) REGULATIONS. —Not later than 1 year after the date of the enactment of this subparagraph, the Secretary shall issue regulations establishing the procedures required by this paragraph.". (b) CONTINUATION OF EXISTING REGULATIONS.—Regulations issued 33 USC 2213 to carry out section 103(m) of the Water Resources Development Act "o*®- of 1986 before the date of the enactment of this Act and in effect on such date shall continue in effect until regulations are issued pursuant to paragraph (2)(C) of such section, as added by subsection (a) of this section. SEC. 306. ENVIRONMENTAL PROTECTION MISSION. 33 USC 2316. (a) GENERAL RULE. —The Secretary shall include environmental protection as one of the primary missions of the Corps of Engineers in planning, designing, constructing, operating, and maintaining water resources projects. (b) LIMITATION.— Nothing in this section affects— (1) existing Corps of Engineers' authorities, including its authorities with respect to navigation and flood control; (2) pending Corps of Engineers permit applications or pending lawsuits involving permits or water resources projects; or (3) the application of public interest review procedures for Corps of Engineers permits. SEC. 307. WETLANDS. 33 USC 2317. (a) GrOALS AND ACTION PLAN. — (1) GOALS.—T here is established, as part of the Corps of Engineers water resources development program, an interim goal of no overall net loss of the Nation's remaining wetlands base, as defined by acreage and function, and a long-term goal to increase the quality and quantity of the Nation's wetlands, as defined by acreage and function. (2) USE OP AUTHORITIES. — The Secretary shall utilize all approf>riate authorities, including those to restore and create wetands, in meeting the interim and long-term goals. (3) ACTION PLAN.— (A) DEVELOPMENT. —The Secretary shall develop, in consultation with the Environmental Protection Agency, the