Pub. L. 102-575, tit. II, sec. 205

DEFINITE PLAN REPORT AND ENVIRONMENTAL COMPLIANCE.

EnactedYear: 1992Length: 481 wordsOfficial source
SEC. 205. DEFINITE PLAN REPORT AND ENVIRONMENTAL COMPLIANCE. (a) Definite Plan Report and Feasibility Studies.—Except for amounts required for compliance with applicable environmental laws and the purposes of this subsection, federally appropriated funds may not be obligated or expended by the District for construction of the features authorized in section 202(a)(1) or 203 until— (1) the District completes— (A) a Definite Plan Report for the system authorized in section 202(a)(1), or (B) an analysis to determine the feasibility of the separate features described in section 203(a), paragraphs (1) through (4), or subsection (f); (2) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been satisfied with respect to the particular system; and (3) a plan has been developed with and approved by the United States Fish and Wildlife Service to prevent any harmful contamination of waters due to concentrations of selenium or other such toxicants, if the Service determines that development of the particular system may result in such contamination. (b) Compliance With Environmental Laws and the Terms of This Act.—Notwithstanding any other provision of this Act, Federal funds authorized under this title may not be provided to the District until the District enters into a binding agreement with the Secretary to be considered a “Federal Agency” for purposes of compliance with all Federal fish, wildlife, recreation, and environmental laws with respect to the use of such funds, and to comply with this Act. The Secretary shall execute such binding agreement within one hundred and twenty days of enactment of this Act. (c) Initiation of Repayment.—For purposes of repayment of costs obligated and expended prior to the date of enactment of this Act, the Definite Plan Report shall be considered as being filed and approved by the Secretary, and repayment of such costs shall be initiated by the Secretary of Energy at the earliest possible date. All the costs allocated to irrigation and associated with construction of the Strawberry Collection System, a component of the Bonneville Unit, obligated prior to the date of enactment of this Act shall be included by the Secretary of Energy in the costs specified in this subsection. (d) Of the amounts authorized in section 201, the Secretary is directed to make sums available to the District as required by the District, for the completion of the plans, studies, and analyses required by this section pursuant to the cost sharing provisions of section 204. (e) Content and Approval of the Definite Plan Report.—The Definite Plan Report required under this section shall include 106 STAT. 4616 economic analyses consistent with the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies (March 10, 1983). The Secretary may with-hold approval of the Definite Plan Report only on the basis of the inadequacy of the document, and specifically not on the basis of the findings of its economic analyses.
Pub. L. 102-575, tit. II, sec. 205: DEFINITE PLAN REPORT AND ENVIRONMENTAL COMPLIANCE. | Justis AI