PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3673 (f) AMENDMENT OF COOPERATION AGREEMENT. —If requested 33 USC 2211 by the non-Federal interest, the Secretary shall amend a project note. cooperation agreement executed on or before the date of the enactment of this Act to reflect the application of the amendments made by this section to any project for which a contract for construction has not been awarded on or before that date. (g) SAVINGS CLAUSE.— Nothing in this section (including the 33 USC 2211 amendments made by this section) shall increase, or result in "ote. the increase of, the non-Federal share of the costs of— (1) expanding smy confined dredged material disposal facility that is operated by the Secretary and that is authorized for cost recovery through the collection of tolls; (2) any confined dredged material disposal facility for which the invitation for bids for construction was issued before the date of the enactment of this Act; and (3) expanding any confined dredged material disposal facility constructed under section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a) if the capacity of the confined dredged material disposal facility was exceeded in less than 6 years. SEC. 202. FLOOD CONTROL POLICY. (a) FLOOD CONTROL COST SHARING.— (1) INCREASED NON-FEDERAL CONTRIBUTIONS. — (A) IN GENERAL.— Subsections (a) and (b) of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213 (a) and (b)) are each amended by striking "25 percent" each place it appears and inserting "35 percent". (B) APPLICABILITY.—The amendments made by 33 USC 2213 subparagraph (A) shall apply to any project authorized "o^. after the date of the enactment of this Act and to any flood control project that is not specifically authorized by Congress for which a Detailed Project Report is approved after such date of enactment or, in the case of a project for which no Detailed Project Report is prepared, construction is initiated after such date of enactment. (2) PHYSICAL CONSTRUCTION DEFINED.—Section 103(e)(1) of such Act (33 U.S.C. 2213(e)(1)) is amended by adding at the end the following: "For the purpose of the preceding sentence, physical construction shall be considered to be initiated on the date of the award of a construction contract.". (b) ABILITY TO PAY. — (1) IN GENERAL.— Section 103(m) of such Act (33 U.S.C. 2213(m)) is amended to read as follows: "(m) ABILITY TO PAY.— "(1) IN GENERAL.— 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) CRITERL^ AND PROCEDURES.—The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect on the day before the date of the enactment of the Water Resources Development Act of 1996; except that such criteria and procedures shall be revised within 1 year after such date of enactment to reflect the requirements of paragraph (3).
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