Sec. 406. Lower Mississippi River Basin demonstration program
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/bill/117/hr/7776/eas/section-406·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term Lower Mississippi River Basin means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico, and its tributaries and distributaries. The Secretary shall establish a program to provide assistance to non-Federal interests in the Lower Mississippi River Basin. The assistance under paragraph
(1)shall be in the form of design and construction assistance for flood or coastal storm risk management or aquatic ecosystem restoration projects in the Lower Mississippi River Basin, based on the comprehensive plan under subsection (c). Projects under subparagraph
(A)may include measures for— sediment control; protection of eroding riverbanks and streambanks and shorelines; channel modifications; beneficial uses of dredged material; or other related projects that may enhance the living resources of the Lower Mississippi 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 Lower Mississippi River Basin plan to guide the implementation of projects under subsection (b)(2). The 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. To the maximum extent practicable, the plan described in paragraph
(1)shall give priority to projects eligible under subsection (b)(2) that will also improve water quality, reduce hypoxia in the Lower Mississippi River or Gulf of Mexico, or use a combination of structural and nonstructural measures. 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 Lower Mississippi River Basin plan described in subsection (c). Each agreement entered into under this subsection shall provide for 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. The Federal share of the cost to design and construct a project under 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 cost to design and construct the project. 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 Secretary of Agriculture; 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. The total cost of a project carried out under this section may not exceed $15,000,000. Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the program under this section, including a recommendation on whether the program should be reauthorized. There is authorized to be appropriated to carry out this section $90,000,000.