discrete segment

(5) Discrete segments (A) In general The Secretary may authorize credit or reimbursement under this subsection for carrying out a discrete segment of a federally authorized water resources development project, or separable element thereof, before final completion of the project or separable element if— (i) except as provided in clause (ii), the Secretary determines that the discrete segment satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or separable element; and (ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and environmentally acceptable. (B) Determination Credit or reimbursement may not be made available to a non-Federal interest pursuant to this paragraph until the Secretary determines that— (i) the construction of the discrete segment for which credit or reimbursement is requested is complete; and (ii) the construction is consistent with the authorization of the applicable water resources development project, or separable element thereof, and the plans approved under paragraph (1)(A)(i). (C) Written agreement (i) In general As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal interest to be eligible for credit or reimbursement under this paragraph shall— (I) identify any discrete segment that the non-Federal interest may carry out; and (II) agree to the completion of the water resources development project, or separable element thereof, with respect to which the discrete segment is a part and establish a timeframe for such completion. (ii) Remittance If a non-Federal interest fails to complete a water resources development project, or separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal interest shall remit any reimbursements received under this paragraph for a discrete segment of such project or separable element. (D) Discrete segment defined In this paragraph, the term “discrete segment” means a physical portion of a water resources development project to be carried out, or separable element thereof— (i) described by a non-Federal interest in a written agreement required under paragraph (1)(A)(iii); and (ii) that the non-Federal interest can operate and maintain, independently and without creating a hazard, in advance of final completion of the water resources development project, or separable element thereof.

Source

33 USC § 2232(d)(5)


Scoping language

In this paragraph
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