Page:United States Statutes at Large Volume 100 Part 5.djvu/710

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 4184

PUBLIC LAW 99-662—NOV. 17, 1986 ii

from the date of enactment of this Act (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and (B) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or required by changes in Federal law.

SEC. 903. GENERAL REQUIREMENTS. (a) PROCEDURE FOR CERTAIN PROJECTS AUTHORIZED FOR CONSTRUC-

TION.—(1) In the case of any project authorized for construction by this Act which is specifically made subject to this subsection, no construction may be commenced until the Secretary has reviewed and commented on such project and reported thereon to the Congress, or until 90 days have passed following the receipt of the proposed plan of the project from the Chief of Engineers, whichever first occurs. i.

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(2) The Secretary shall review and comment on— (A) at least one-third of the projects to which this subsection applies during the one-year period beginning on the date of enactment of this Act, (B) at least two-thirds of such projects during the two-year period beginning on the date of enactment of this Act, and (C) all of such projects during the three-year period beginning on the date of enactment of this Act. (3) Any project to which this subsection applies on which the Secretary has not commented before the end of the 3-year period beginning on the date of enactment of this Act shall be deemed to have been approved by the Secretary for purposes of this subsection. O> PROCEDURE FOR PROJECTS AUTHORIZED FOR CONSTRUCTION SUBt) JECT TO A FAVORABLE REPORT.—Any project specifically made sub-

Flood control.

ject to this subsection is authorized to be prosecuted by the Secretary substantially in accordance with the plans and subject to the conditions recommended in the report cited for such project, with such modifications as are recommended by the Chief of Engineers and approved by the Secretary, and with such other modifications as are recommended by the Secretary. If no report is cited for a project, the project is authorized to be prosecuted by the Secretary in accordance with a final report of the Chief of Engineers, and with such modifications as are recommended by the Secretary, and no construction on such project may be initiated until such a report is issued and approved by the Secretary. (c) BENEFIT-COST RATIO WAIVER.—(1) In his recommendations for authorization of any project, or separable element, for flood control, the Secretary may include features that would not produce national economic development benefits greater than cost, if the non-Federal interests enter into a binding agreement requiring the non-Federal interests to pay during construction of the project or separable element an amount sufficient to make the remaining costs of that project or separable element equal to the estimated value of the national economic development benefits of that project or separable element. (2) Non-Federal payments pursuant to paragraph (1) shall be in addition to payments required under section 103 of this Act which are applicable to the remaining costs of the project. (d) OTHER REQUIREMENTS.—Sections 201 and 202 and the

82 Stat. 739.

fourth

sentence of section 203 of the Flood Control Act of 1968 shall apply to all projects authorized by this Act.