S.Amdt. 4990

SA 4990. Mr. MARKEY (for himself, Ms. Warren, Ms. Stabenow, and Mr.
Peters) submitted an amendment intended to be proposed to amendment SA
4979 proposed by Mr. Inhofe to the bill S. 2848, to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title II, add the following:

SEC. 20__. EDUCATION AND RESEARCH HARBORS.

(a) Definition of Eligible Harbor.--The term ``eligible
harbor'' means a harbor that supports or will support a
federally owned vessel operated by--
(1) a State maritime academy (as defined in section 51102
of title 46, United States Code); or
(2) a non-Federal oceanographic research facility.
(b) Establishment of Program.--The Secretary may establish
a program to provide assistance to a non-Federal interest for
a project relating to an eligible harbor.
(c) Form of Assistance.--A non-Federal interest may receive
assistance for a project for--
(1) the construction and maintenance dredging of an
eligible harbor;
(2) the construction, installation, or maintenance of
infrastructure in an eligible harbor, including bulkheads,
aprons, and piles;
(3) the construction and maintenance dredging of a berth in
an eligible harbor; or
(4) the construction and maintenance dredging providing
access from an eligible harbor to the nearest navigation
channel or deep water.
(d) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement (referred to in this subsection as an
``agreement'') with a non-Federal interest to provide for
design and construction of the project to be carried out with
the assistance.
(2) Requirements.--An 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
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.--

[[Page S5478]]

(A) In general.--Except as otherwise provided in this
paragraph, the Federal share of project costs for a project
under this section--
(i) shall not exceed 50 percent; and
(ii) 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 the non-Federal interest before entering into an
agreement with the Secretary for a project.
(C) Credit for interest.--In the case of a delay in the
funding of the Federal share of the costs of a project under
this section, the non-Federal interest shall receive credit
for reasonable interest incurred in providing the Federal
share of the project costs.
(D) Land, easements, rights-of-way, and relocations.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations provided by the
non-Federal interest 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), but not to exceed 25 percent of the total
project cost.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for a project under this
section shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law
(including regulations) that would otherwise apply to a
project under this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section for each fiscal
year an amount not greater than $5,000,000, to remain
available until expended.
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