Sec. 311. Ohio, Pennsylvania, and West Virginia
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/bill/118/s/4367/is/section-311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term impaired means a stream of a watershed that is not, as of the date of an application under this section, achieving the designated use of the stream. water The term impaired includes any stream identified by a State under section 303(d) of the Federal Water Pollution Control Act ( water 33 U.S.C. 1313(d) ). The term restoration , with respect to impaired water, means the restoration of the impaired water to such an extent that the stream could achieve its designated use over the greatest practical number of stream-miles, as determined using, if available, State-designated or Tribal-designated criteria.
The term restoration includes the removal of covered pollutants. The Secretary may establish a pilot program to provide environmental assistance to non-Federal interests for the restoration of impaired water impacted by acid mine drainage in Ohio, Pennsylvania, and West Virginia. Assistance under this section may be in the form of technical assistance and design and construction assistance for water-related environmental infrastructure to address acid mine drainage, including projects for centralized water treatment and related facilities.
The Secretary shall prioritize assistance under this section to a project that— addresses acid mine drainage from multiple sources impacting impaired waters; or includes a centralized water treatment system to reduce the acid mine drainage load in impaired waters. The Secretary may provide assistance for a project under this section only if the project is publicly owned. The Secretary shall, to the maximum extent practicable, work with States, units of local government, and other relevant Federal agencies to secure any permits, variances, or approvals necessary to facilitate the completion of projects receiving assistance under this section.
The non-Federal share of the cost of a project carried out under this section shall be 25 percent, including provision of all land, easements, rights-of-way, and necessary relocations. Construction of a project under this section shall be initiated only after the non-Federal interest has entered into a binding agreement with the Secretary to pay— the non-Federal share of the costs of construction of a project carried out under this section; and 100 percent of any operation, maintenance, and replacement and rehabilitation costs of a project carried out under this section.
The Secretary, with the consent of the non-Federal interest for a project carried out under this section, may receive or expend funds contributed by a nonprofit entity for the project. There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.
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Sec. 311
Ohio, Pennsylvania, and West Virginia
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