II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Infrastructure 

5 Revitalization Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Army, acting through the Chief 

10 of Engineers. 


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1 (2) STATE.—The term ‘‘State’’ means the State 

2 of North Dakota. 

3 SEC. 3. PROGRAM. 

4 (a) ESTABLISHMENT.—The Secretary shall establish 

5 a program to provide environmental assistance to non6 Federal interests in the State. 

7 (b) FORM OF ASSISTANCE.—Assistance under this 

8 Act may be provided in the form of design and construc9 tion assistance for water-related environmental infrastruc10 ture and resource protection and development projects in 

11 the State, including projects for— 

12 (1) wastewater treatment and related facilities; 

13 (2) water supply and related facilities; 

14 (3) environmental restoration; and 

15 (4) surface water resource protection and devel16 opment. 

17 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec18 retary may provide assistance for a project under this sec19 tion only if the project is publicly owned. 

20 (d) LOCAL COOPERATION AGREEMENT.— 

21 (1) IN GENERAL.—Before providing assistance 

22 under this section, the Secretary shall enter into a 

23 local cooperation agreement with a non-Federal in24 terest to provide for design and construction of the 

25 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 and coordination with appro6 priate Federal, State, and tribal officials and 

7 organizations recognized under State law that 

8 are involved in Federal water programs, of a fa9 cilities or resource protection and development 

10 plan, including appropriate engineering plans 

11 and specifications. 

12 (B) LEGAL AND INSTITUTIONAL STRUC13 TURES.—Establishment of such legal and insti14 tutional structures as are necessary to ensure 

15 the effective long-term operation of the project 

16 by the non-Federal interest. 

17 (3) COST SHARING.— 

18 (A) IN GENERAL.—The Federal share of 

19 project costs under each local cooperation 

20 agreement entered into under this subsection— 

21 (i) shall be 75 percent; and 

22 (ii) may be in the form of grants or 

23 reimbursements of project costs. 

24 (B) CREDIT FOR DESIGN WORK.—The 

25 non-Federal interest shall receive credit, not to 


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1 exceed 6 percent of the total construction costs 

2 of a project, for the reasonable costs of design 

3 work completed by the non-Federal interest be4 fore entering into a local cooperation agreement 

5 with the Secretary for the project. 

6 (C) CREDIT FOR INTEREST.—In case of a 

7 delay in the funding of the Federal share of the 

8 costs of a project that is the subject of an 

9 agreement under this section, the non-Federal 

10 interest shall receive credit for reasonable inter11 est incurred in providing the Federal share of 

12 the costs of the project. 

13 (D) LAND, EASEMENTS, AND RIGHTS-OF14 WAY CREDIT.—The non-Federal interest shall 

15 receive credit for land, easements, rights-of16 way, and relocations toward the non-Federal 

17 share of project costs (including all reasonable 

18 costs associated with obtaining permits nec19 essary for the construction, operation, and 

20 maintenance of the project on publicly owned or 

21 controlled land), but not to exceed 25 percent 

22 of total project costs. 

23 (E) CONSIDERATION OF WATER RATE IM24 PACTS FOR LOCAL COST SHARE.— 


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1 (i) IN GENERAL.—The non-Federal 

2 share of the cost of constructing a project 

3 under this Act shall be reduced, using the 

4 national affordability criteria for water 

5 rate percentages relating to State average 

6 medium household income developed by the 

7 Environmental Protection Agency, by 5 

percent for each 1 8 ⁄2 percent by which the 

9 rate for affordability relating to the project 

10 area exceeds the average State-wide rate 

11 for affordability. 

12 (ii) MULTICOUNTY PROJECTS.—With 

13 respect to a multicounty project under this 

14 Act, the average of all affordability rates 

15 applicable in the area covered by the 

16 project shall be used for the purpose of es17 tablishing the local share of the costs of 

18 the project. 

19 (F) OPERATION AND MAINTENANCE.—The 

20 non-Federal share of operation and mainte21 nance costs for projects constructed with assist22 ance provided under this section shall be 100 

23 percent. 

24 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

25 LAWS.—Nothing in this section waives, limits, or otherVerDate Aug 31 2005 02:04 Jan 30, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S409.IS S409

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1 wise affects the applicability of any provision of Federal 

2 or State law that would otherwise apply to a project to 

3 be carried out with assistance provided under this section. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $60,000,000 for the period beginning with fiscal year 

7 2007, to remain available until expended. 

Æ 


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