113 STAT. 296 PUBLIC LAW 106-53—AUG. 17, 1999 SEC. 223. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON- FEDERAL INTERESTS. (a) IN GENERAL. —Section 211(d) of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13(d)) is amended— (1) in paragraph (1), by striking "Any non-Federal interest that has received from the Secretary pursuant to subsection (b) or (c)" and inserting the following: " (A) STUDIES AND DESIGN ACTIVITIES UNDER SUB- SECTION (b).— "(i) IN GENERAL.— A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if the Secretary approves the project for construction. "(ii) CRITERIA FOR APPROVAL.— The Secretary shall approve a project for construction if the Secretary determines that the project is technically sound, economically justified, and environmentally acceptable and meets the requirements for obtaining the appropriate permits required under the authority of the Secretary. "(iii) No UNREASONABLE WITHHOLDING OF APPROVAL. —The Secretary shall not unreasonably withhold approval of a project for construction. "(iv) No EFFECT ON REGULATORY AUTHORITY. — Nothing in this subparagraph eiffects any regulatory authority of the Secretary. " (B) STUDIES AND DESIGN ACTIVITIES UNDER SUB- SECTION (c). —Any non-Federal interest that has received from the Secretsiry under subsection (c)"; and (2) in the first sentence of paragraph (2), by inserting "(other thsui paragraph (I)(A))" after "this subsection". (b) REIMBURSEMENT.— (1) IN GENERAL.— Section 211(e)(1) of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13(e)(l)) is amended— (A) in the matter preceding subparagraph (A), by inserting after "constructed pursuant to this section" the following: "and provide credit for the non-Federal share of the project"; (B) in subparagraph (A), by striking "and" at the end; (C) in subparagraph (B), by striking the period at the end and inserting "; and"; and (D) by adding at the end the following: "(C) if the construction work is substantially in accordance with plans prepared under subsection (b),". (2) SPECIAL RULES.— Section 211(e)(2)(A) of the Water Resources Development Act of 1996 (33 U.S.C. 701b-13(e)(2)(A)) is amended— (A) in the subpgiragraph heading, by inserting "OR CREDIT" after "REIMBURSEMENT"; (B) by striking "subject to amounts being made available in advance in appropriations Acts" and inserting "subi ject to the availability of appropriations"; and (C) by inserting after "the cost of such work" the following: ", or provide credit (depending on the request of the non-Federal interest) for the non-Federal share of such work,".
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