Pub. L. 106-53, tit. II, sec. 219
NONSTRUCTURAL FLOOD CONTROL PROJECTS.
SEC. 219. NONSTRUCTURAL FLOOD CONTROL PROJECTS. (a) Analysis of Benefits.—Section 308 of the Water Resources Development Act of 1990 (33 U.S.C. 2318) is amended— (1) in the heading of subsection (a), by inserting “Exclusion of Elements From” before “Benefit-Cost”; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a) the following: “(b) Flood Damage Reduction Benefits.— “(1) In general.—In calculating the benefits of a proposed project for nonstructural flood damage reduction, the Secretary shall calculate the benefits of the nonstructural project using methods similar to those used for calculating the benefits of structural projects, including similar treatment in calculating the benefits from losses avoided. “(2) Avoidance of double counting.—In carrying out paragraph (1), the Secretary should avoid double counting of benefits.”; and (4) in subsection (d), by striking “subsection (b)” and inserting “subsection (c)”.113 STAT. 295 (b) Reevaluation of Flood Control Projects.—At the request of a non-Federal interest for a flood control project, the Secretary shall conduct a reevaluation of a project authorized before the date of enactment of this Act to consider nonstructural alternatives in light of the amendments made by subsection (a). (c) Cost Sharing.—Section 103(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(b)) is amended— (1) by striking “The non-Federal” and inserting the following: “(1) In general.—The non-Federal”; and (2) by adding at the end the following: “(2) Non-federal contribution in excess of 35 percent.—At any time during construction of a project, if the Secretary determines that the costs of land, easements, rights-of-way, dredged material disposal areas, and relocations for the project, in combination with other costs contributed by the non-Federal interests, will exceed 35 percent, any additional costs for the project (not to exceed 65 percent of the total costs of the project) shall be a Federal responsibility and shall be contributed during construction as part of the Federal share.”.