Page:United States Statutes at Large Volume 106 Part 6.djvu/269

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PUBLIC LAW 102-580 —OCT. 31, 1992 106 STAT. 4827 (1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost thereof; and (2) the project would not result in environmental degradation. (c) COOPERATIVE AGREEMENT. — Any project undertaken pursuant to this section shall be initiated only after non-Federal interests have entered into a cooperative agreement in accordance with the requirements of section 221 of the Flood Control Act of 1970 in wmch the non-Federal interests agree to— (1) provide 25 percent of the cost associated with construction of the project for the protection, restoration, and creation of aquatic and ecologically related habitats, including provision of all lands, easements, rights-of-way, and necessary relocations; and (2) pav 100 percent of the operation, maintenance, replacement, and rehabilitation costs associated with the project for the protection, restoration, and creation of aquatic and ecologically related habitats. (d) DETERMINATION OF CONSTRUCTION COSTS.— Costs associated with construction of a project for the protection, restoration, and creation of aquatic cuid ecologically related habitats shall be limited solely to construction costs which are in excess of those costs necessary to carry out the dredging for construction, operation, or maintensince of the authorized navigation project in the most cost effective way, consistent with economic, engineering, and environmental criteria. (e) AUTHORIZATION OF APPROPRIATIONS. —There is authorized to be appropriated not to exceed $15,000,000 annually to cany out this section. Such simis shall remain available until expended. SEC. 205. DEFINITION OF REHABILITATIGN FOR INLAND WATERWAY 33 USC 2327. PROJECTS. For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term "rehabilitation" means— (1) major project feature restoration— (A) which consists of structural work on an inland navigation facility operated and maintained by the Corps of Engineers; (B) which will significantly extend the physical life of the feature; (C) which is economically justified by a benefit-cost analysis; (D) which Mali take at least 2 years to complete; and (E)(i) which is initially funded before October 1, 1994, and will require at least $5,000,000 in capital outlays; or (ii) which is initially funded on or after such date and will require at least $8,000,000 in capital outlays; and (2) structural modification of a major project component (not exhibiting reliability problems)— (A) which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and