[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 409 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 409

  To provide environmental assistance to non-Federal interests in the 
                         State of North Dakota.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2007

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.

    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 2007, to remain available until expended.
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