PUBLIC LAW 101-640—NOV. 28, 1990 104 STAT. 4641 (2) MAXIMUM AMOUNT. —The Secretary may not expend more than $2,000,000 in a fiscal year to carry out this subsection. (3) TERMINATION DATE.— This subsection shall not be effective after the last day of the 5-year period beginning on the date of the enactment of this Act; except that the Secretary may complete any restoration commenced under this subsection on or before such last day. (d) APPLICABILITY.— (1) GENERAL RULE.— Subsections (b) and (c) shall apply to maintenance, repair, rehabilitation, or reconstruction for which physical construction is initiated after May 1, 1988. (2) LIMITATION.—Subsections 0)) and (c) shall not apply to any action of the Secretary which is necessary to discontinue the operation of a water resources project. (e) C!OST SHARING. —Costs incurred by the Secretary to carry out the objectives of this section shall be allocated to recreation and shall be payable by the beneficiaries of the recreation. SEC. 314. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILI- 33 USC 2321. TIES. Activities currently performed by personnel under the direction of the Secretary in connection with the operation and maintenance of hydroelectric power generating facilities at Corps of Engineers water resources projects are to be considered as inherently governmental functions and not commercial activities. This section does not prohibit contracting out major maintenance or other functions which are currently contracted out or studying services not directly connected with project maintenance and operations. SEC. 315. MATTERS TO BE ADDRESSED IN PLANNING. Section 904 of the Water Resources Development Act of 1986 (33 U.S.C. 2281) is amended by inserting "(including preservation and enhancement of the environment)" after "environment". SEC. 316. HARBOR MAINTENANCE TRUST FUND AMENDMENT. Section 21(KaX2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by striking "not more than 40 percent" and inserting "up to 100 percent". SEC. 317. SINGLE ENTITIES. For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (including the District of Columbia and a territory or possession of the United States), county, municipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose. SEC. 318. TECHNICAL ASSISTANCE TO PRIVATE ENTITIES. 33 USC 2323. (a) USE OF CORPS RESEARCH AND DEVELOPMENT LABS.— The Sec- Territories, retary is authorized to use Corps of Engineers research and development laboratories to provide research and development assistance to corporations, partnerships, limited partnerships, consortia, public and private foundations, universities, and nonprofit organizations operating within the United States, territories or possessions of the United States, and the Commonwealths of Puerto Rico and the Northern Mariana Islands— 33 USC 2322. District of Columbia.
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