Sec. 571. NORTHERN WEST VIRGINIA
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## SEC. 571 NORTHERN WEST VIRGINIA ###
(a)Definition of Northern West Virginia In this section, the term “**northern West Virginia**” means the counties of Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia. ###
(b)Establishment of Program The Secretary may establish a pilot program to provide environmental assistance to non-Federal interests in northern West Virginia. ###
(c)Form of Assistance 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 northern West Virginia, including projects for wastewater treatment and related facilities, water supply and related facilities, and surface water resource protection and development. ###
(d)Public Ownership Requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. ###
(e)Local Cooperation Agreements ####
(1)In general Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. ####
(2)Requirements Each local cooperation agreement entered into under this subsection shall provide for the following: #####
(A)Plan 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. #####
(B)Legal and institutional structures Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. ####
(3)Cost sharing #####
(A)In general Except as provided in subparagraph (F), the Federal share of the project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. #####
(B)Credit for design work The non-Federal interest shall receive credit 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. The credit for the design work shall not exceed 6 percent of the total construction costs of the project. #####
(C)Credit for interest In case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project’s costs. #####
(D)Land, easements, and rights-of-way credit The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. #####
(E)Operation and maintenance The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. #####
(F)Exception In the case of a project benefitting an economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), the Federal share of the project costs under the applicable local cooperation agreement entered into under this subsection shall be 90 percent. ###
(f)Applicability of Other Federal and State Laws 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 provided under this section. ###
(g)Authorization of Appropriations There is authorized to be appropriated to carry out this section $150,000,000 for the period beginning with fiscal year 2000, to remain available until expended. ###
(h)Nonprofit Entities In accordance with section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project undertaken under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government. ###
(i)Corps of Engineers Expenses Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense. * * * * * * *
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