117 S3610 IS: Chattahoochee River Act U.S. Senate 2022-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3610IN THE SENATE OF THE UNITED STATESFebruary 9, 2022Mr. Ossoff (for himself and Mr. Warnock) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo establish a program to provide environmental assistance in the Chattahoochee River Basin, and for other purposes.

1.

Short title

This Act may be cited as the Chattahoochee River Act.

2.

Chattahoochee River program

(a)

Definitions

In this section:(1)

Non-Federal interest

The term non-Federal interest has the meaning given the term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)).(2)

Secretary

The term Secretary means the Secretary of the Army. (b)

Establishment

(1)

In general

The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin.(2)

Form

The assistance under paragraph (1) shall be in the form of design and construction assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (c), including projects for—(A)sediment and erosion control;(B)protection of eroding shorelines;(C)ecosystem restoration, including restoration of submerged aquatic vegetation;(D)protection of essential public works;(E)beneficial uses of dredged material; and(F)other related projects that may enhance the living resources of the Chattahoochee River Basin.(c)

Comprehensive plan

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (b)(2).(2)

Coordination

The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations.(3)

Prioritization

The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems.(d)

Agreement

(1)

In general

Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (c).(2)

Requirements

Each agreement entered into under this subsection shall provide for—(A)the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and(B)the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest.(e)

Cost sharing

(1)

Federal share

Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent.(2)

Non-federal share

(A)

Value of land, easements, rights-of-way, and relocations

In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs.(B)

Operation and maintenance costs

The non-Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent.(f)

Cooperation

In carrying out this section, the Secretary shall cooperate with—(1)the heads of appropriate Federal agencies, including—(A)the Administrator of the Environmental Protection Agency;(B)the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration;(C)the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and(D)the heads of such other Federal agencies as the Secretary determines to be appropriate; and(2)agencies of a State or political subdivision of a State.(g)

Protection of resources

A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.(h)

Project cap

The total cost of a project carried out under this section may not exceed $15,000,000.(i)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $90,000,000.