12 2 STA T .40 22 PUBLIC LA W 110 –365—O CT. 8, 2008 with th eAdm i n i s t ra t o r u nder whi c h the p art y a g rees to carry out its responsi b i l ities and re q uirements f or the pro j ect
or ‘ ‘ ( i v) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site .’ ’. (c) IN-KI N DCO N TR I BU TION S . —S ection 1 1 8 (c)(1 2 )( E )(ii) of such Act ( 3 3 U .S.C. 12 6 8(c)(12)(E)(ii)) is amended to read as follows
‘‘(ii) IN- K IND C ONTRIBUTIONS.— ‘‘(I) IN GE NER AL .— T he non- F ederal share of the cost of a project carried out under this para- graph may include the value of an in- k ind con- tribution provided by a non-Federal sponsor. ‘‘(II) CREDIT.—A project agreement described in subparagraph ( D )(iii) may provide , with respect to a project, that the Administrator shall credit toward the non-Federal share of the cost of the project the value of an in-kind contribution made by the non-Federal sponsor, if the Administrator determines that the material or service provided as the in-kind contribution is integral to the project. ‘‘(III) W ORK P ER F OR M ED BEFORE PRO J ECT AGREEMENT.—In any case in which a non-Federal sponsor is to receive credit under subclause (II) for the cost of work carried out by the non-Federal sponsor and such work has not been carried out by the non-Federal sponsor as of the date of enact- ment of this subclause, the Administrator and the non-Federal sponsor shall enter into an agreement under which the non-Federal sponsor shall carry out such work, and only work carried out following the e x ecution of the agreement shall be eligible for credit. ‘‘(I V ) L IMITATION.—Credit authori z ed under this clause for a project carried out under this paragraph— ‘‘(aa) shall not exceed the non-Federal share of the cost of the project; and ‘‘(bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as deter- mined by the Administrator. ‘‘(V) INCLUSION OF CERTAIN CONTRIBUTIONS.— In this subparagraph, the term ‘in-kind contribu- tion’ may include the costs of planning (including data collection), design, construction, and mate- rials that are provided by the non-Federal sponsor for implementation of a project under this para- graph.’’. (d) N ON-FEDERAL S H ARE.—Section 118(c)(12)(E) of such Act (33 U.S.C. 1268(c)(12)(E)) is amended— (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following:
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