[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2552 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2552
To provide environmental assistance to non-Federal interests in the
State of North Dakota.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2004
Mr. Conrad introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide environmental assistance to non-Federal interests in the
State of North Dakota.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Revitalization
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(2) State.--The term ``State'' means the State of North
Dakota.
SEC. 3. PROGRAM.
(a) Establishment.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in the State.
(b) Form of Assistance.--Assistance under this Act may be provided
in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the State, including projects for--
(1) wastewater treatment and related facilities;
(2) water supply and related facilities;
(3) environmental restoration; and
(4) surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) 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 to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation and coordination with appropriate Federal,
State, and tribal officials and organizations
recognized under State law that are involved in Federal
water programs, 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.--
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection--
(i) shall be 75 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, not to exceed 6 percent
of the total construction costs of a project, for the
reasonable costs of design work completed by the non-
Federal interest before entering into a local
cooperation agreement with the Secretary for the
project.
(C) Credit for interest.--In case of a delay in the
funding of the 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 Federal
share of the costs of the project.
(D) Land, easements, and rights-of-way credit.--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), but not to exceed 25 percent of total
project costs.
(E) Consideration of water rate impacts for local
cost share.--
(i) In general.--The non-Federal share of
the cost of constructing a project under this
Act shall be reduced, using the national
affordability criteria for water rate
percentages relating to State average medium
household income developed by the Environmental
Protection Agency, by 5 percent for each \1/2\
percent by which the rate for affordability
relating to the project area exceeds the
average State-wide rate for affordability.
(ii) Multicounty projects.--With respect to
a multicounty project under this Act, the
average of all affordability rates applicable
in the area covered by the project shall be
used for the purpose of establishing the local
share of the costs of the project.
(F) 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 waives, limits, or otherwise affects 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 $60,000,000 for the period
beginning with fiscal year 2005, to remain available until expended.
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