PUBLIC LAW 110–114—NOV. 8, 2007
121 STAT. 1069
dkrause on GSDDPC44 with PUBLAW
non-Federal interest shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for credit. ‘‘(D) LIMITATIONS.—Credit authorized under this paragraph for a project— ‘‘(i) shall not exceed the non-Federal share of the cost of the project; ‘‘(ii) shall not alter any other requirement that a non-Federal interest provide lands, easements, relocations, rights-of-way, or areas for disposal of dredged material for the project; ‘‘(iii) shall not alter any requirement that a nonFederal interest pay a portion of the costs of construction of the project under sections 101 and 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2211; 33 U.S.C. 2213); and ‘‘(iv) shall not exceed the actual and reasonable costs of the materials, services, or other things provided by the non-Federal interest, as determined by the Secretary. ‘‘(E) APPLICABILITY.— ‘‘(i) IN GENERAL.—This paragraph shall apply to water resources projects authorized after November 16, 1986, including projects initiated after November 16, 1986, without specific authorization in law. ‘‘(ii) LIMITATION.—In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the specific provision of law shall apply instead of this paragraph.’’. (b) NON-FEDERAL INTEREST.—Section 221(b) of such Act is amended to read as follows: ‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.—The term ‘nonFederal interest’ means— ‘‘(1) a legally constituted public body (including a federally recognized Indian tribe); or ‘‘(2) a nonprofit entity with the consent of the affected local government, that has full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform.’’. (c) PROGRAM ADMINISTRATION.—Section 221 of such Act is further amended— (1) by redesignating subsection (e) as subsection (h); and (2) by inserting after subsection (d) the following: ‘‘(e) DELEGATION OF AUTHORITY.—Not later than June 30, 2008, the Secretary shall issue policies and guidelines for partnership agreements that delegate to the district engineers, at a minimum— ‘‘(1) the authority to approve any policy in a partnership agreement that has appeared in an agreement previously approved by the Secretary; ‘‘(2) the authority to approve any policy in a partnership agreement the specific terms of which are dictated by law or by a final feasibility study, final environmental impact statement, or other final decision document for a water resources project;
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