II 109th CONGRESS 1st Session S. 482 IN THE SENATE OF THE UNITED STATES March 1, 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 provide environmental assistance to non-Federal interests in the State of North Dakota.

1.

Short title

This Act may be cited as the Water Infrastructure Revitalization Act.

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.

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 2006, to remain available until expended.