Sec. 5113. NORTH CAROLINA

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## SEC. 5113 NORTH CAROLINA ###

(a)Establishment of Program The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the State of North Carolina. ###

(b)Form of Assistance Assistance provided under this section may be in the form of design and construction assistance for environmental infrastructure and resource protection and development projects in North Carolina, including projects for— ####

(1)wastewater treatment and related facilities; ####

(2)combined sewer overflow, water supply, storage, treatment, and related facilities; ####

(3)drinking water infrastructure including treatment and related facilities; ####

(4)environmental restoration; ####

(5)stormwater infrastructure; and ####

(6)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)Partnership Agreements ####

(1)In general Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. ####

(2)Requirements Each partnership agreement for a project 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 The Federal share of the cost of a project 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 work The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward the non-Federal share of the cost of the project, in an amount not to exceed 6 percent of the total construction costs of the project, the cost of design work carried out by the non-Federal interest for the project before the date of the partnership agreement for the project. #####

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

(D)Credit for land, easements, and rights-of-way 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). #####

(E)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)Applicability of Other Federal and State Laws Nothing in this section shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. ###

(f)Authorization of Appropriations There is authorized to be appropriated to carry out this section $50,000,000.

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42 USC 1962d–5b

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Sec. 5113

NORTH CAROLINA

Cite42 USC 1962d–5b

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