Sec. 594. OHIO AND NORTH DAKOTA
710 words·~3 min read·
/statute-compilations/comps-10924/sec-594A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 594 OHIO AND NORTH DAKOTA ###
(a)Establishment of Program The Secretary shall establish a program to provide environmental assistance to non-Federal interests in Ohio and North Dakota. ###
(b)Form of Assistance Assistance under this section may be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and development projects in Ohio and North Dakota, including projects for— ####
(1)wastewater treatment and related facilities; ####
(2)combined sewer overflow, water supply, storage, treatment, and related facilities; ####
(3)mine drainage; ####
(4)environmental restoration; and ####
(5)surface water resource protection and development. ###
(c)Public Ownership Requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. ###
(d)Project Cooperation Agreements ####
(1)In general Before providing assistance under this section, the Secretary shall enter into a project 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 project 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 development plan or resource protection plan, including appropriate 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)Project costs ######
(i)In general Except as provided in clause (iii), the Federal share of project costs under each project cooperation agreement entered into under this subsection shall be 75 percent. ######
(ii)Form The Federal share may be in the form of grants or reimbursements of project costs. ######
(iii)Exception The non-Federal share of the cost of a project under this section 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)) shall be 10 percent. #####
(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 project cooperation agreement with the Secretary. #####
(C)Credit for certain financing costs In case of a delay in the reimbursement of the non-Federal share of the costs of a project, the non-Federal interest shall receive credit for reasonable interest and other associated financing costs necessary for the non-Federal interest to provide the non-Federal share of the project costs. #####
(D)Land, easements, rights-of-way, and relocations The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including costs associated with obtaining permits necessary for the placement 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 under an agreement entered into under this subsection shall be 100 percent. ###
(e)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. ###
(f)Nonprofit Entities In accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal interest for any project carried out under this section may include a nonprofit entity, with the consent of the affected local government. ###
(g)Report Not later than December 31, 2001, the Secretary shall submit to Congress a report on the results of the program carried out under this section, including recommendations concerning whether the program should be implemented on a national basis. ###
(h)Authorization of Appropriations There is authorized to be appropriated to carry out this section $300,000,000 for Ohio and $100,000,000 for North Dakota. ###
(i)Authorization of Additional Appropriations In addition to amounts authorized under subsection (h), there is authorized to be appropriated to carry out this section $100,000,000, to be divided between the States referred to in subsection (a).
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources