Sec. 1340. KENTUCKY AND WEST VIRGINIA ENVIRONMENTAL INFRASTRUCTURE

475 words·~2 min read·/statute-compilations/comps-18105/sec-1340

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1340 KENTUCKY AND WEST VIRGINIA ENVIRONMENTAL INFRASTRUCTURE ###

(a)Establishment of Program The Secretary shall establish a program to provide environmental assistance to non-Federal interests in Kentucky and West Virginia. ###

(b)Form of Assistance Assistance provided 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 Kentucky and West Virginia, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development. ###

(c)Ownership Requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. ###

(d)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 such assistance. ####

(2)Requirements Each local cooperation agreement entered into under this subsection shall provide for the following: #####

(A)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)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 the cost of a project carried out under this section— ######

(i)shall be 75 percent; and ######

(ii)may be provided in the form of grants or reimbursements of project costs. #####

(B)Credit for interest In case of a delay in the funding of the Federal share of a project that is the subject of a local cooperation agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project cost. #####

(C)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 such credit may not exceed 25 percent of total project costs. #####

(D)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. ###

(e)Authorization of Appropriations ####

(1)In general There is authorized to be appropriated $75,000,000 to carry out this section, to be divided between the States described in subsection (a). ####

(2)Corps of engineers expenses Not more than 10 percent of the amounts made available to carry out this section may be used by the Corps of Engineers to administer projects under this section.