110 STAT. 3674 PUBLIC LAW 104-303—OCT. 12, 1996 " (3) REVISION OF CRITERIA AND PROCEDURES.—In revising criteria and procedures pursuant to paragraph (2), the Secretary— "(A) shall consider— "(i) per capita income data for the county or counties in which the project is to be located; and "(ii) the per capita non-Federal cost of construction of the project for the county or counties in which the project is to be located; "(B) shall not consider criteria (other than criteria described in subparagraph (A)) in effect on the day before the date of the enactment of the Water Resources Development Act of 1996; and "(C) may consider additional criteria relating to the non-Federal interest's financial ability to carry out its costsharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-Federal share as determined under subparagraph (A). "(4) NON-FEDERAL SHARE.— Notwithstanding subsection (a), the Secretary may reduce the requirement that a non-Federal interest make a cash contribution for any project that is determined to be eligible for a reduction in the non-Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3).". 33 USC 2213 (2) APPLICABILITY.— note. (A) GENERALLY.— Subject to subparagraph (C), the amendment made by paragraph (1) shall apply to any project, or separable element thereof, with respect to which the Secretary and the non-Federal interest enter into a project cooperation agreement after December 31, 1997. (B) AMENDMENT OF COOPERATION AGREEMENT.— I f requested by the non-Federal interest, the Secretary shall amend a project cooperation agreement executed on or before the date of the enactment of this Act to reflect the application of the amendment made by paragraph (1) to any project for which a contract for construction has not been awarded on or before such date of enactment. (C) NON-FEDERAL OPTION.—If requested by the non- Federal interest, the Secretary shall apply the criteria and procedures established pursuant to section 103(m) of the Water Resources Development Act of 1986 as in effect on the day before the date of the enactment of this Act for projects that are authorized before the date of the enactment of this Act. (c) FLOODPLAIN MANAGEMENT PLANS. — (1) IN GENERAL.— Section 402 of such Act (33 U.S.C. 701b- 12; 100 Stat. 4133) is amended to read as follows: "SEC. 402. FLOODPLAIN MANAGEMENT REQUIREMENTS. "(a) COMPLIANCE WITH FLOODPLAIN MANAGEMENT AND INSUR- ANCE PROGRAMS.—Before construction of any project for local flood protection, or any project for hurricane or storm damage reduction, that involves Federal assistance from the Secretary, the non-Federal interest shall agree to participate in and comply with applicable Federal floodplain management and flood insurance programs.
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