[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3723 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3723

 To direct the Secretary of the Army to establish a program to provide 
     environmental assistance to non-Federal interests in western 
                 Pennsylvania, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2002

   Ms. Hart introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Army to establish a program to provide 
     environmental assistance to non-Federal interests in western 
                 Pennsylvania, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WESTERN PENNSYLVANIA.

    (a) Establishment of Program.--The Secretary of the Army, acting 
through the Chief of Engineers, shall establish a program to provide 
environmental assistance to non-Federal interests in Western 
Pennsylvania.
    (b) Form of Assistance.--Assistance under this section may be in 
the form of design and construction assistance for water-related 
environmental infrastructure and resource protection and development 
projects in Western Pennsylvania, including projects for--
            (1) wastewater treatment and related facilities;
            (2) combined sewer overflow, water supply, storage, 
        treatment, and related facilities;
            (3) mine drainage;
            (4) environmental restoration; and
            (5) 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) 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 the 
        assistance.
            (2) Requirements.--Each project cooperation 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.--The Federal share of project costs 
                under each project cooperation agreement entered into 
                under this subsection shall be 75 percent. 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 the non-Federal interest 
                before entering into a project cooperation agreement 
                with the Secretary.
                    (C) Credit for certain financing costs.--In case of 
                a delay in the reimbursement of the non-Federal share 
                of the costs of a project, the non-Federal interest 
                shall receive credit for reasonable interest and other 
                associated financing costs necessary for the non-
                Federal interest to provide the non-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 costs 
                associated with obtaining permits necessary for the 
                placement of the project on publicly owned or 
                controlled land), 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 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) Western Pennsylvania.--In this section, the term ``Western 
Pennsylvania'' means Allegheny, Beaver, Butler, Lawrence, and Mercer 
Counties, Pennsylvania.
    (g) Report.--Not later than December 31, 2004, the Secretary shall 
submit to Congress a report on the results of the program carried out 
under this section, including recommendations concerning whether the 
program should be implemented on a national basis.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.
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