Sec. 5138. TEXAS

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## SEC. 5138 TEXAS ###

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

(b)Form of Assistance Assistance provided under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Texas, including projects for water supply, storage, treatment, and related facilities, water quality protection, wastewater treatment, 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)Partnership Agreements Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest. ###

(e)Cost Sharing ####

(1)In general The Federal share of the cost of the project under this section— #####

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

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

(2)In-kind services The non-Federal share may be provided in the form of materials and in-kind services, including planning, design, construction, and management services, as the Secretary determines to be compatible with, and necessary for, the project. ####

(3)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 the cost of design work and construction carried out by the non-Federal interest for the project before the date of the partnership agreement for the project. ####

(4)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. ####

(5)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. ###

(f)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. ###

(g)Nonprofit Entities In this section, the term non-Federal interest has the meaning given such term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)). ###

(h)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 district offices to administer projects under this section at Federal expense. ###

(i)Authorization of Appropriations There is authorized to be appropriated to carry out this section $200,000,000.

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42 USC 1962d–5b
42 USC 1962d–5b(b)

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Sec. 5138

TEXAS

Cite42 USC 1962d–5b

Cite42 USC 1962d–5b(b)

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