II

103D CONGRESS

2D SESSION S. 2020

To authorize the establishment of a pilot program to provide environmental

assistance to non-Federal interests in the Chesapeake Bay watershed,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 14 (legislative day, APRIL 11), 1994

Mr. SARBANES (for himself, Mr. WARNER, and Ms. MIKULSKI) introduced the

following bill; which was read twice and referred to the Committee on

Environment and Public Works

A BILL

To authorize the establishment of a pilot program to provide

environmental assistance to non-Federal interests in the

Chesapeake Bay watershed, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORA4 TION AND PROTECTION PROGRAM.

5 (a) ESTABLISHMENT.—

6 (1) IN GENERAL.—The Secretary of the Army

7 (referred to in this section as the ‘‘Secretary’’) shall

8 establish a pilot program to provide environmental
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1 assistance to non-Federal interests in the Chesa2 peake Bay watershed.

3 (2) FORM.—The assistance shall be in the form

4 of design and construction assistance for water-relat5 ed environmental infrastructure and resource protec6 tion and development projects affecting the Chesa7 peake Bay estuary, including projects for sediment

8 and erosion control, protection of eroding shorelines,

9 protection of essential public works, wastewater

10 treatment and related facilities, water supply and re11 lated facilities, and beneficial uses of dredged mate12 rial, and other related projects that may enhance the

13 living resources of the estuary.

14 (b) PUBLIC OWNERSHIP REQUIREMENT.—The Sec15 retary may provide assistance for a project under this sec16 tion only if the project is publicly owned, and will be pub17 licly operated and maintained.

18 (c) LOCAL COOPERATION AGREEMENT.—

19 (1) IN GENERAL.—Before providing assistance

20 under this section, the Secretary shall enter into a

21 local cooperation agreement with a non-Federal in22 terest to provide for design and construction of the

23 project to be carried out with the assistance.
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1 (2) REQUIREMENTS.—Each local cooperation

2 agreement entered into under this subsection shall

3 provide for the following:

4 (A) PLAN.—Development by the Secretary,

5 in consultation with appropriate Federal, State,

6 and local officials, of a facilities or resource

7 protection and development plan, including ap8 propriate engineering plans and specifications

9 and an estimate of expected resource benefits.

10 (B) LEGAL AND INSTITUTIONAL STRUC11 TURES.—Establishment of such legal and insti12 tutional structures as are necessary to ensure

13 the effective long-term operation and mainte14 nance of the project by the non-Federal

15 interest.

16 (d) COST SHARING.—

17 (1) FEDERAL SHARE.—Except as provided in

18 paragraph (2)(B), the Federal share of the total

19 project costs of each local cooperation agreement en20 tered into under this section shall be 75 percent.

21 (2) NON-FEDERAL SHARE.—

22 (A) VALUE OF LANDS, EASEMENTS,

23 RIGHTS-OF-WAY, AND RELOCATIONS.—In deter24 mining the non-Federal contribution toward

25 carrying out a local cooperation agreement en-
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1 tered into under this section, the Secretary

2 shall provide credit to a non-Federal interest

3 for the value of lands, easements, rights-of-way,

4 and relocations provided by the non-Federal in5 terest, except that the amount of credit pro6 vided for a project under this paragraph may

7 not exceed 25 percent of total project costs.

8 (B) OPERATION AND MAINTENANCE

9 COSTS.—The non-Federal share of the costs of

10 operation and maintenance of carrying out the

11 agreement under this section shall be 100 per12 cent.

13 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

14 LAWS AND AGREEMENTS.—

15 (1) IN GENERAL.—Nothing in this section

16 waives, limits, or otherwise affects the applicability

17 of any provision of Federal or State law that would

18 otherwise apply to a project carried out with assist19 ance provided under this section.

20 (2) COOPERATION.—In carrying out this sec21 tion, the Secretary shall cooperate fully with the

22 heads of appropriate Federal agencies, including—

23 (A) the Administrator of the Environ24 mental Protection Agency;
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1 (B) the Secretary of Commerce, acting

2 through the Administrator of the National Oce3 anic and Atmospheric Administration;

4 (C) the Secretary of the Interior, acting

5 through the Director of the United States Fish

6 and Wildlife Service; and

7 (D) the heads of such other Federal agen8 cies and departments and agencies of a State or

9 political subdivision of a State as the Secretary

10 determines to be appropriate.

11 (f) DEMONSTRATION PROJECT.—The Secretary shall

12 establish at least 1 project under this section in each of

13 the States of Maryland, Virginia, and Pennsylvania. A

14 project established under this section shall be carried out

15 using such measures as are necessary to protect environ16 mental, historic, and cultural resources.

17 (g) REPORT.—Not later than December 31, 1998,

18 the Secretary shall transmit to Congress a report on the

19 results of the program carried out under this section, to20 gether with a recommendation concerning whether or not

21 the program should be implemented on a national basis.

22 (h) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section

24 $30,000,000 for fiscal year 1995, to remain available until

25 expended.
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