Agenda - Public Works Committee - 10/20/2020

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S. 3021-32 described in paragraph (1) that does not produce bene- fits greater than the cost if — "(I) the non -Federal sponsor agrees to pay an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and "(II) the Secretary determines that— "(aa) the damage to the structure was not a result of negligent operation or maintenance; and "(bb) repair of the project could benefit another Corps project. "(ii) TREATMENT OF PAYMENTS. —Non -Federal pay- ments pursuant to clause (i) shall be in addition to any non -Federal payments required by the Chief of Engineers that are applicable to the remaining costs of the repair or restoration work.". (b) CONTINUED ELIGIBILITY. —Notwithstanding a non -Federal flood control work's status in the Rehabilitation and Inspection Program carried out pursuant to section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), any unconstructed emergency project for the non -Federal flood control work that was formulated during the three fiscal years preceding the fiscal year in which this Act was enacted but that was determined to not produce benefits greater than costs shall remain eligible for assistance under such section 5 until the last day of the third fiscal year following the fiscal year in which this Act was enacted if— (1) the non -Federal sponsor agrees, in accordance with such section 5, as amended by this Act, to pay an amount sufficient to make the remaining costs of the project equal to the estimated value of the benefits of the repair or restoration work; and (2) the Secretary determines that — (A) the damage to the structure was not as a result of negligent operation or maintenance; and (B) repair of the project could benefit another Corps project. SEC. 1162. EXTENDED COMMUNITY ASSISTANCE BY THE CORPS OF ENGINEERS. Section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)), as amended by this Act, is further amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: "(3) EXTENDED ASSISTANCE. —Upon request by a locality receiving assistance under the fourth sentence of paragraph (1), the Secretary shall, subject to the availability of appropria- tions, enter into an agreement with the locality to provide such assistance beyond the time period otherwise provided for by the Secretary under such sentence.".