Sec. 595. WESTERN RURAL WATER
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## SEC. 595 WESTERN RURAL WATER ###
(a)Definitions In this section: ####
(1)Non-federal interest The term “**non-Federal interest**” includes an entity declared to be a political subdivision of the State of New Mexico. ####
(2)Rural nevada The term “**rural Nevada**” means
(A)the counties of Lincoln, White Pine, Nye, Eureka, Elko, Humboldt, Pershing, Churchill, Storey, Lyon, Carson, Douglas, Mineral, Esmeralda, and Lander, Nevada; #####
(B)the portions of Washoe County, Nevada, that are located outside the cities of Reno and Sparks; and #####
(C)the portions of Clark County, Nevada, that are located outside the cities of Las Vegas, North Las Vegas, and Henderson and the unincorporated portion of the county in the Las Vegas Valley. ####
(3)Rural utah The term “**rural Utah**” means— #####
(A)the counties of Box Elder, Cache, Rich, Tooele, Morgan, Summit, Dagett, Wasatch, Duchesne, Uintah, Juab, Sanpete, Carbon, Millard, Sevier, Emery, Grand, Beaver, Piute, Wayne, Iron, Garfield, San Juan, and Kane, Utah; and #####
(B)the portions of Washington County, Utah, that are located outside the city of St. George, Utah. ###
(b)Establishment of Program The Secretary may establish a program for providing environmental assistance to non-Federal interests in Arizona, rural Idaho, Montana, rural Nevada, NewMexico, rural Utah, and Wyoming. ###
(c)Form of Assistance Assistance under this section may be in the form of— ####
(1)design and construction assistance for water-related environmental infrastructure, including natural and nature-based infrastructure and resource protection and development in Arizona, Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming, including projects for— #####
(A)wastewater treatment and related facilities; #####
(B)water supply and related facilities; #####
(C)environmental restoration; #####
(D)surface water resource protection and development; and #####
(E)drought resilience measures; and ####
(2)technical assistance to small and rural communities for water planning and issues relating to access to water resources. ###
(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 Agreement ####
(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 The Federal share of 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. #####
(C)Credit for interest In case of a delay in the funding of the non-Federal share of the costs 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 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 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)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)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)Eligibility ####
(1)In general Assistance under this section shall be made available to all eligible States and locales described in subsection
(b)consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities. ####
(2)Selection of projects In selecting projects for assistance under this section, the Secretary shall give priority to a project located in an eligible State or local entity for which the project sponsor is prepared to— #####
(A)execute a new or amended project cooperation agreement; and #####
(B)commence promptly after the date of enactment of the Water Resources Development Act of 2016. ####
(3)Rural projects The Secretary shall consider a project authorized under this section and an environmental infrastructure project authorized under section 219 of the Water Resources Development Act of 1992 (Public Law 102–580; 106 Stat. 4835) for new starts on the same basis as any other similarly funded project. ###
(i)Authorization of Appropriations There is authorized to be appropriated to carry out this section, to remain available until expended— ####
(1)for the period beginning with fiscal year 2001, $850,000,000 for Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming; and ####
(2)$250,000,000 for Arizona.
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- Pub. L. 102-580
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