Sec. 405. Chattahoochee River program
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/bill/117/hr/7776/eas/section-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. The assistance under paragraph
(1)shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (b), including projects for— sediment and erosion control; protection of eroding shorelines; ecosystem restoration, including restoration of submerged aquatic vegetation; protection of essential public works; beneficial uses of dredged material; and other related projects that may enhance the living resources of the Chattahoochee River Basin. Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (a)(2). The restoration plan described in paragraph
(1)shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. The restoration plan described in paragraph
(1)shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (b). Each agreement entered into under this subsection shall provide for— the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 75 percent. In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs. The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. In carrying out this section, the Secretary shall cooperate with— the heads of appropriate Federal agencies, including— the Administrator of the Environmental Protection Agency; the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and the heads of such other Federal agencies as the Secretary determines to be appropriate; and agencies of a State or political subdivision of a State. A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. The total cost of a project carried out under this section may not exceed $15,000,000. Nothing in this section— establishes any express or implied reserved water right in the United States for any purpose; affects any water right in existence on the date of enactment of this Act; preempts or affects any State water law or interstate compact governing water; or affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity. There is authorized to be appropriated to carry out this section $90,000,000.