Sec. 531. SOUTHERN AND EASTERN KENTUCKY
695 words·~3 min read·
/statute-compilations/comps-2983/sec-531A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 531 SOUTHERN AND EASTERN KENTUCKY ###
(a)Establishment of Program The Secretary may establish a program for providing environmental assistance to non-Federal interests in southern and eastern Kentucky. ###
(b)Form of Assistance Assistance under this section may be in the form of design and construction assistance for water-related environmental infrastructure, environmental restoration, and resource protection and development projects in southern and eastern Kentucky, including projects for wastewater treatment and related facilities, water supply and related facilities, surface water resource protection and development, and small stream flooding, local storm water drainage, and related problems. ###
(c)Public Ownership Requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. ###
(d)Project Cooperation Agreements ####
(1)In general Before providing assistance under this section, the Secretary shall enter into a project cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with such assistance. Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project undertaken under this section, with the consent of the affected local government, a non-Federal interest may include a nonprofit entity. ####
(2)Requirements Each 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 development plan or resource protection plan, including appropriate 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 Total project costs under each agree- ment entered into under this subsection shall be shared at 75 percent Federal and 25 percent non-Federal. 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 such interest before entering into the agreement with the Secretary. #####
(C)Credit for certain financing costs In the event of a delay in the reimbursement of the non-Federal share of a project, the non-Federal interest shall receive credit for reasonable interest and other associated financing costs necessary for such non-Federal interest to provide the non-Federal share of the project’s cost. #####
(D)Lands, easements, and rights-of-way The non-Federal interest shall receive credit for lands, easements, rights-of-way, and relocations provided by the non-Federal interest toward its share of project costs (including costs associated with obtaining permits necessary for the placement of such project on publicly owned or controlled lands), 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 under an agreement entered into under this subsection shall be 100 percent. ###
(e)Applicability of Other Federal and State Laws Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State law that would otRerwise apply to a project to be carried out with assistance provided under this section. ###
(f)Report Not later than December 31, 1999, the Secretary shall transmit to Congress a report on the results of the program carried out under this section, together with recommendations concerning whether or not such program should be implemented on a national basis. ###
(g)Southern and Eastern Kentucky Defined In this section, the term “southern and eastern Kentucky” means Morgan, Floyd, Pulaski, Wayne, Laurel, Knox, Pike, Menifee, Perry, Harlan, Breathitt, Martin, Jackson, Wolfe, Clay, Magoffin, Owsley, Johnson, Leslie, Lawrence, Knott, Bell, McCreary, Rockcastle, Whitley, Lee, Boyd, Carter, Elliott, Lincoln, Bath, Rowan, and Letcher Counties, Kentucky. ###
(h)Authorization of Appropriations There is authorized to be appropriated to carry out this section $100,000,000. ###
(i)Corps of Engineers Expenses 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. * * * * * * *
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 531
SOUTHERN AND EASTERN KENTUCKY
Cites 1Cited by 0 across 0 sources