Page:United States Statutes at Large Volume 114 Part 4.djvu/530

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114 STAT. 2592 PUBLIC LAW 106-541—DEC. 11, 2000 31 USC 6505 note. Deadline. SEC. 210. NONPROFIT ENTITIES. (a) ENVIRONMENTAL DREDGING.— Section 312 of the Water Resources Development Act of 1990 (33 U.S.C. 1272) is amended by adding at the end the following: "(g) NONPROFIT ENTITIES. —Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under this section, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government.". (b) LAKES PROGRAM.— Section 602 of the Water Resources Development Act of 1986 (100 Stat. 4148-4149) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following: "(d) NONPROFIT ENTITIES.— Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government.". (c) PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRON- MENT.— Section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) is amended by redesignating subsections (g) and (h) as subsections (h) and (i), respectively, and by inserting after subsection (f) the following: "(g) NONPROFIT ENTITIES. —Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any project carried out under this section may include a nonprofit entity, with the consent of the affected local government.". SEC. 211. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES. (a) DEFINITION OF STATE.— In this section, the term "State" has the meaning given the term in section 6501 of title 31, United States Code. (b) AUTHORITY. —The Corps of Engineers may provide specialized or technical services to a Federal agency (other than an agency of the Department of Defense) or a State or local government under section 6505 of title 31, United States Code, only if the chief executive of the requesting entity submits to the Secretary— (1) a written request describing the scope of the services to be performed and agreeing to reimburse the Corps for all costs associated with the performance of the services; and (2) a certification that includes adequate facts to establish that the services requested are not reasonably and quickly available through ordinary business channels. (c) CORPS AGREEMENT TO PERFORM SERVICES. —The Secretary, after receiving a request described in subsection (b) to provide specialized or technical services, shall, before entering into an agreement to perform the services— (1) ensure that the requirements of subsection (b) are met with regard to the request for services; and (2) execute a certification that includes adequate facts to establish that the Corps is uniquely equipped to perform such services. (d) ANNUAL REPORT TO CONGRESS. — (1) IN GENERAL.— Not later than the last day of each calendar year, the Secretary shall provide to the Committee on