II 109th CONGRESS 1st Session S. 353 IN THE SENATE OF THE UNITED STATES February 10, 2005 Mr. Conrad (for himself and Mr. Dorgan) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Water Resources Development Act of 1999 to direct the Secretary of the Army to provide assistance to design and construct a project to provide a continued safe and reliable municipal water supply system for Devils Lake, North Dakota.

1.

Short title

(a)

In general

The Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 269) is amended by inserting after section 597 the following:

598.

Devils lake, North Dakota

(a)

Definition of project

In this section, the term project means a project to provide a continued safe and reliable municipal water supply system for Devils Lake, North Dakota. (b)

Local cooperation agreement

(1)

In general

Subject to paragraph (2), the Secretary shall enter into a local cooperation agreement with the non-Federal interest to provide assistance in designing and constructing the project. (2)

Responsibility for design work

At the option of the non-Federal interest, the non-Federal interest may complete the design work for the project. (3)

NEPA

The Secretary shall comply with all applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) before beginning construction on the project. (4)

Requirements

The local cooperation agreement entered into under this subsection shall provide for— (A) the development by local officials of a water supply project and related facilities, including appropriate engineering plans and specifications; and (B) the 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. (5)

Cost sharing

(A)

In general

The local cooperation agreement shall provide that the Federal share of the cost of the project— (i) shall be 75 percent; and (ii) may be in the form of grants or reimbursements of project costs. (B)

Credit for design and engineering work

The non-Federal interest shall receive credit, not to exceed 6 percent of the total construction costs of the project, for the reasonable costs of design and engineering work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary under this subsection for the project. (C)

Credit for interest

In case of a delay in the funding of the Federal share of the project costs, the non-Federal interest shall receive credit for reasonable interest incurred in providing the Federal share of the cost of the project. (D)

Credit for land, easements, and rights-of-way

The non-Federal interest shall receive credit, not to exceed 25 percent of the total cost of the project, 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). (E)

Operation and maintenance

The non-Federal share of operation and maintenance costs for the project shall be 100 percent. (c)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $15,000,000, to remain available until expended.

. (b)

Conforming amendment

The table of contents of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 269) is amended by inserting after the item relating to section 597 the following: Sec. 598. Devils Lake, North Dakota. .