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S. 3295 (116th): A bill to amend the Act of August 18, 1941 (commonly known as the “Flood Control Act of 1941”), to authorize the Secretary to provide reimbursement to non-Federal sponsors for emergency response repair and restoration work, and for other purposes.

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The text of the bill below is as of Feb 13, 2020 (Introduced). The bill was not enacted into law.

II

116th CONGRESS

2d Session

S. 3295

IN THE SENATE OF THE UNITED STATES

February 13, 2020

introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941), to authorize the Secretary to provide reimbursement to non-Federal sponsors for emergency response repair and restoration work, and for other purposes.

1.

Reimbursement for non-Federal sponsor work

Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended by adding at the end the following:

(5)

Work carried out by a non-Federal sponsor

(A)

In general

The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1).

(B)

Requirements

To be eligible for reimbursement under subparagraph (C), the non-Federal sponsor shall—

(i)

enter into a written agreement with the Secretary prior to carrying out the work; and

(ii)

carry out all activities in compliance with—

(I)

subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis–Bacon Act);

(II)

chapter 37 of title 40, United States Code (commonly known as the Contract Work Hours and Safety Standards Act); and

(III)

any other terms and conditions as the Secretary may require.

(C)

Reimbursement

(i)

In general

After the Secretary determines that activities carried out by a non-Federal sponsor pursuant to an agreement under subparagraph (B) are complete, the Secretary shall reimburse the non-Federal sponsor for the Federal share of the cost of any planning, design, or construction activities for the repair or restoration work carried out.

(ii)

Additional amounts

If the Federal share of the cost of the activities exceeds the amount obligated by the Secretary under the agreement under subparagraph (B), reimbursement of any additional amounts shall be at the discretion of the Secretary.

(D)

Annual limit on reimbursements not applicable

Section 102 of the Energy and Water Development Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to an agreement under subparagraph (B).

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