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Code · STATUTE-COMPILATIONS · Water Resources Development Act of 1996 · Sec. 510

Sec. 510. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM

870 words·~4 min read·/statute-compilations/comps-2983/sec-510

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## SEC. 510 CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM ###
(a)Establishment ####
(1)In general The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the basin States described in subsection
(f)and the District of Columbia in the Chesapeake Bay watershed. ####
(2)Form The assistance under paragraph
(1)shall be in the form of design and construction assistance for water-related infrastructure and resource protection and restoration projects affecting the Chesapeake Bay estuary, based on the comprehensive plan under subsection (b), including projects for— #####
(A)sediment and erosion control; #####
(B)protection of eroding shorelines and streambanks; #####
(C)ecosystem restoration, including restoration of submerged aquatic vegetation; #####
(D)protection of essential public works; #####
(E)wastewater treatment and related facilities; #####
(F)water supply and related facilities; #####
(G)stormwater and drainage systems; #####
(H)beneficial uses of dredged material; and #####
(I)other related projects that may enhance the living resources of the estuary. ###
(b)Comprehensive Plan ####
(1)In general Not later than 2 years after the date of enactment of the Water Resources Reform and Development Act of 2014, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chesapeake Bay restoration plan to guide the implementation of projects under subsection (a)(2). ####
(2)Coordination The restoration plan described in 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 restoration plan described in paragraph
(1)shall give priority to projects eligible under subsection (a)(2) that will also improve water quality or quantity or use natural hydrological features and systems. ###
(c)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 for the design and construction of a project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in subsection (b). ####
(2)Requirements Each local cooperation 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 facilities or 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. ####
(3)Projects on federal land A project carried out pursuant to the comprehensive Chesapeake Bay restoration plan described in 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 a carried out. ####
(4)Non-federal contributions A Federal agency carrying out a project described in paragraph
(3)may accept contributions of funds from non-Federal entities to carry out that project. ###
(d)Cost Sharing ####
(1)Federal share Except as provided in paragraph (2)(B), the Federal share of the total project costs of each local cooperation agreement entered into under this section shall be 75 percent. ####
(2)Non-federal share #####
(A)Value of lands, easements, rights-of-way, and relocations In determining the non-Federal contribution toward carrying out a local cooperation agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of lands, 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 nonFederal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. ###
(e)Cooperation In carrying out this section, the Secretary shall cooperate with— ####
(1)the heads of appropriate Federal agencies, including— #####
(A)the Administrator of the Environmental Protection Agency; #####
(B)the Secretary of Commerce, acting through the Administrator of the National Oceanographic and Atmospheric Administration; #####
(C)the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and #####
(D)the heads of such other Federal agencies as the Secretary determines to be appropriate; and ####
(2)agencies of a State or political subdivision of a State, including the Chesapeake Bay Commission. ###
(f)Projects The Secretary shall establish, to the maximum extent practicable, at least 1 project under this section in— ####
(1)regions within the Chesapeake Bay watershed of each of the basin States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and ####
(2)the District of Columbia. ###
(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)Project Cap The total cost of a project carried out under this section may not exceed $15,000,000. ###
(i)Authorization of Appropriations There is authorized to be appropriated to carry out this section $90,000,000. * * * * * * *
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