Sec. 1051. Central Appalachia water

482 words·~2 min read·/bill/116/s/3591/is/section-1051

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The Secretary shall establish a program for providing environmental assistance to non-Federal interests in Central and North Central Appalachia (as defined by the Appalachian Regional Commission). Assistance under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in Central and North Central Appalachia (as defined by the Appalachian Regional Commission), including projects for wastewater treatment and related facilities, water supply and related facilities, and surface water resource protection and development.

The Secretary may provide assistance for a project under this section only if the project is publicly owned. Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with the non-Federal interest to provide for design and construction of the project to be carried out with the assistance. Each local cooperation agreement entered into under this subsection shall provide for the following: Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.

Establishment of any legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. The Federal share of the cost of a project carried out with assistance under this section shall be 75 percent. The non-Federal interest shall receive credit toward the non-Federal share for the reasonable costs of design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project.

In case of a delay in the funding of the non-Federal share of a project carried out with assistance under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the cost of the project. The non-Federal interest shall receive credit toward the non-Federal share for land, easements, rights-of-way, and relocations (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), not to exceed 25 percent of the total cost of the project.

The non-Federal share of operation and maintenance costs for a project carried out with assistance under this section shall be 100 percent. Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance under this section. For the purposes of this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government.

Not more than 10 percent of the amounts made available to carry out this section may be used by the district offices of the Corps of Engineers for the administrative costs of carrying out this section. There is authorized to be appropriated to carry out this section $120,000,000, to remain available until expended.