Sec. 340. SOUTHERN WEST VIRGINIA
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## SEC. 340 SOUTHERN WEST VIRGINIA ###
(a)Establishment of Program The Secretary shall establish a pilot program for providing environmental assistance to non-Federal interests in southern West Virginia. Such assistance may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in southern West Virginia, including projects for waste water treatment and related facilities, water supply, storage, treatment, and distribution facilities, environmental restoration, and surface water resource protection and development. ###
(b)Public Ownership Requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. ###
(c)Local Cooperation Agreements ####
(1)In general Before providing assistance under this Act, 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)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 each such legal and institutional structures as are necessary to assure the effective long-term operation of the project by the non-Federal interest. ####
(3)Cost-sharing #####
(A)In general Except as provided in subparagraph (B), total project costs under each local cooperation agreement entered into under this subsection shall be shared at 75 percent Federal and 25 percent non-Federal. The non-Federal interest shall receive credit for lands, easements, rights-of-way, and relocations toward its share of project costs but not to exceed 25 percent of total project costs. Operation and maintenance costs shall be 100 percent non-Federal. #####
(B)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 total project costs under the applicable local cooperation agreement entered into under this subsection shall be 90 percent. #####
(C)Federal share The Federal share of the total project costs under this paragraph may be provided in the same form as described in section 571(e)(3)(A) of the Water Resources Development Act of 1999 (113 Stat. 371). ###
(d)Applicability of Other Federal and State Laws Nothing in this section shall be construed as waiving, limiting, or other- wise affecting the applicability of any provision of Federal or State law which would otherwise apply to a project to be carried out with assistance provided under this section. ###
(e)Definition of Southern West Virginia In this section, the term “**southern West Virginia**” means the counties of Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia. ###
(f)Authorization of Appropriations There is authorized to be appropriated to carry out the pilot program under this section $170,000,000 for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended. ###
(g)Corps of Engineers 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. ###
(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 carried out under this section, a non-Federal interest may include a nonprofit entity with the consent of the affected local government. * * * * * * * # TITLE IV INFRASTRUCTURE TECHNOLOGY, RESEARCH AND DEVELOPMENT
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U.S. Code
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- 113 Stat. 371
- 42 USC 1962d–5b(b)
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