104 STAT. 4642 PUBLIC LAW 101-640—NOV. 28, 1990 (1) if the entity furnishes in advance of fiscal obligation by the United States such funds as are necessary to cover any and all costs of such research and development assistance; (2) if the Secretary determines that the research and development assistance to be provided is within the mission of the Corps of Engineers and is in the public interest; (3) if the entity has certified to the Secretary that provision of such research and development assistance is not otherwise reasonably and expeditiously obtainable from the private sector; and (4) if the entity has agreed to hold and save the United States free from any damages due to any such research and development assistance. (b) CONTRACT. —The Secretary may provide research and development assistance under subsection (a), or any part thereof, by contract. (c) TECHNICAL ASSISTANCE PROGRAM.— Section 9 of the Water 33 USC 2314a. Resources Development Act of 1988 (102 Stat. 4024; 33 U.S.C. 2314 note) is amended— (1) in the section heading by striking "DEMONSTRATION"; (2) in the first sentence of subsection (a) by striking "to undertake a demonstration program for a 2-year period, which shall begin within 6 months after the date of the enactment of this Act,"; (3) by striking subsection (d); and (4) by redesignating subsection (e), and any reference thereto, as subsection (d). SEC. 319. FEES FOR DEVELOPMENT OF STATE WATER PLANS. Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16), is amended— (1) by redesignating subsections (b) and (c), and any reference thereto, as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: "(b) FEES.— " (1) ESTABLISHMENT AND COLLECTION.—For the purpOSO of recovering 50 percent of the total cost of providing assistance pursuant to this section, the Secretary of the Army is authorized to establish appropriate fees, as determined by the Secretary, and to collect such fees from States and other non- Federal public bodies to whom assistance is provided under this section. "(2) PHASE-IN. —The Secretary shall phase in the cost sharing program under this subsection by recovering— "(A) approximately 10 percent of the total cost of providing assistance in fiscal year 1991; "(B) approximately 30 percent of the total cost in fiscal year 1992; and "(C) approximately 50 percent of the total cost in fiscal year 1993 and each succeeding fiscal year. "(3) DEPOSIT AND USE.—Fees collected under this subsection shall be deposited into the account in the Treasury of the United States entitled, 'Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)' and shall be available until expended to carry out this section.".
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