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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 8145

Sec. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM

914 words·~4 min read·/statute-compilations/comps-17475/sec-8145

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## SEC. 8145 LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM ###
(a)Establishment ####
(1)In general The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Lower Mississippi River Basin. ####
(2)Form #####
(A)In general 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 developed under subsection (b). #####
(B)Assistance Projects for which assistance is provided under subparagraph
(A)may include— ######
(i)projects for— ######
(I)sediment and erosion control; ######
(II)protection of eroding riverbanks and streambanks and shorelines; ######
(III)ecosystem restoration; ######
(IV)channel modifications; and ######
(V)beneficial uses of dredged material; and ######
(ii)other related projects that may enhance the living resources of the Lower Mississippi River Basin. ###
(b)Comprehensive Plan ####
(1)In general 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 restoration plan to guide the implementation of projects under this section. ####
(2)Coordination The comprehensive plan developed under 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. ####
(3)Prioritization The comprehensive plan developed under paragraph
(1)shall give priority to projects described in subsection (a)(2) that will improve water quality, reduce hypoxia in the Lower Mississippi River or the Gulf of Mexico, or use a combination of structural and nonstructural measures, including alternatives that use natural features or nature-based features (as such terms are defined in section 1184 of the Water Resources Development Act of 2016 (32 U.S.C. 2289a)). ###
(c)Agreement ####
(1)In general Before providing assistance for a project under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of the project. ####
(2)Requirements Each agreement entered into under this subsection shall provide for— #####
(A)the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and #####
(B)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. ###
(d)Cost Sharing ####
(1)Federal share The Federal share of the cost to design and construct a project under each agreement entered into under this section shall be 75 percent. ####
(2)Non-federal share #####
(A)Value of land, easements, rights-of-way, and relocations 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 total project costs. #####
(B)Operation and maintenance costs The non-Federal share of the costs of operation and maintenance of a project carried out under an agreement under this section shall be 100 percent. ###
(e)Projects on Federal Land ####
(1)In general Except as provided in paragraph (2), a project carried out pursuant to the comprehensive plan developed under subsection
(b)that is located on Federal land shall be carried out at the expense of the Federal agency that owns the land on which the project will be carried out. ####
(2)Non-federal contribution A Federal agency carrying out a project described in paragraph
(1)may accept contributions of funds from non-Federal interests to carry out that project. ###
(f)Cooperation In carrying out this section, the Secretary shall cooperate with— ####
(1)the heads of appropriate Federal agencies, including— #####
(A)the Secretary of Agriculture; #####
(B)the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and #####
(C)the heads of such other Federal agencies as the Secretary determines to be appropriate; and ####
(2)agencies of any relevant State or political subdivision of a State. ###
(g)Protection of Resources A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. ###
(h)Projects Requiring Specific Authorization If the Federal share of the cost to design and construct a project under this section exceeds $15,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project. ###
(i)Report 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 established under this section. ###
(j)Definition 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. ###
(k)Authorization of Appropriations There is authorized to be appropriated to carry out this section $40,000,000.
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  • 32 USC 2289a
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Sec. 8145
LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM
Cite32 USC 2289a
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