[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5405 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5405

   To authorize the Secretary of the Army to carry out a program for 
     ecosystem restoration in Appalachia and the Northeast Region.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2002

 Mr. Sherwood introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Army to carry out a program for 
     ecosystem restoration in Appalachia and the Northeast Region.

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

SECTION 1. ECOSYSTEM RESTORATION IN THE APPALACHIAN AND NORTHEAST 
              REGIONS.

    (a) In General.--The Secretary of the Army may carry out ecosystem 
restoration and protection projects in the Appalachian region (as 
defined in section 403 of the Appalachian Regional Development Act of 
1965 (40 U.S.C. App.)), New England, and the mid-Atlantic States from 
New York to Virginia if the Secretary determines that the project--
            (1) will improve the quality of the environment and is in 
        the public interest; and
            (2) is cost-effective.
    (b) Included Projects.--In this section, the term ``ecosystem 
restoration project'' includes--
            (1) the reestablishment of chemical, physical, hydrologic, 
        and biological features and components of an ecosystem 
        necessary to support fish and wildlife habitat and increase the 
        diversity and numbers of species in an ecosystem;
            (2) the abatement of abandoned mine drainage, and 
        reclamation of abandoned mine lands, coal refuse piles, and 
        other features contributing to mine drainage and degradation of 
        aquatic and terrestrial habitat; and
            (3) the reestablishment of stream and river channels which 
        are losing water to abandoned underground mines.
    (c) Cost Sharing.--
            (1) Federal share.--Except as provided in paragraph (2), 
        the Federal share of the cost of an ecosystem restoration 
        project (other than the cost of operation and maintenance) 
        under this section shall not exceed 65 percent of the total 
        cost of the project.
            (2) Innovative technology costs.--The Federal share of the 
        incremental additional cost of including in an ecosystem 
        restoration project under this section pilot testing or 
        demonstration of an innovative technology shall be 75 percent.
            (3) Non-federal share.--The non-Federal share of the cost 
        of an ecosystem restoration project carried out under this 
        section shall include lands, easements, rights of way, 
        relocations, and disposals and may include services, or any 
        other form of in-kind contribution determined by the Secretary 
        to be an appropriate contribution, to the project equivalent to 
        the monetary amount required for the non-Federal share.
            (4) Nonprofit entities.--Notwithstanding section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any project 
        carried out under this section, a non-Federal interest may 
        include a nonprofit entity with the consent of the affected 
        local government.
            (5) Non-federal credit for prior work.--The non-Federal 
        share of the cost of an ecosystem restoration project under 
        this section may include credit for data collection, testing, 
        or other work leading to the project which is conducted not 
        more than 2 years before execution of the cooperation agreement 
        for the project.
            (6) Operation and maintenance.--The non-Federal interest 
        shall be responsible for all costs associated with operating, 
        maintaining, replacing, repairing, and rehabilitating all 
        projects carried out under this section.
            (7) Post-construction monitoring.--All projects constructed 
        under this section shall include, as part of construction, post 
        construction monitoring following completion to assure 
        solutions implemented have performed as intended.
    (d) Agreements.--Construction of a project under this section shall 
be initiated only after a non-Federal interest has entered into a 
legally binding agreement with the Secretary to pay the non-Federal 
share of the costs of construction required by this section and to pay 
100 percent of any, operation, maintenance, replacement, and 
rehabilitation costs with respect to the project in accordance with 
regulations prescribed by the Secretary.
    (e) Cost Limitations.--Not more than $8,000,000 in Federal funds 
may be allotted under this section for projects under this section at 
any single locality.
    (f) Funding.--There is authorized to be appropriated to carry out 
this section $20,000,000 per year for fiscal years 2003 and 2004 and 
$40,000,000 per year for fiscal years 2005 through 2008.
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