II 

117TH CONGRESS 

2D SESSION S. 3610 

To establish a program to provide environmental assistance in the 

Chattahoochee River Basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2022 

Mr. OSSOFF (for himself and Mr. WARNOCK) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To establish a program to provide environmental assistance 

in the Chattahoochee River Basin, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chattahoochee River 

5 Act’’. 

6 SEC. 2. CHATTAHOOCHEE RIVER PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) NON-FEDERAL INTEREST.—The term ‘‘non9 Federal interest’’ has the meaning given the term in 


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1 section 221(b) of the Flood Control Act of 1970 (42 

2 U.S.C. 1962d–5b(b)). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Army. 

5 (b) ESTABLISHMENT.— 

6 (1) IN GENERAL.—The Secretary shall establish 

7 a program to provide environmental assistance to 

8 non-Federal interests in the Chattahoochee River 

9 Basin. 

10 (2) FORM.—The assistance under paragraph 

11 (1) shall be in the form of design and construction 

12 assistance for water-related resource protection and 

13 restoration projects affecting the Chattahoochee 

14 River Basin, based on the comprehensive plan under 

15 subsection (c), including projects for— 

16 (A) sediment and erosion control; 

17 (B) protection of eroding shorelines; 

18 (C) ecosystem restoration, including res19 toration of submerged aquatic vegetation; 

20 (D) protection of essential public works; 

21 (E) beneficial uses of dredged material; 

22 and 

23 (F) other related projects that may en24 hance the living resources of the Chattahoochee 

25 River Basin. 


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1 (c) COMPREHENSIVE PLAN.— 

2 (1) IN GENERAL.—Not later than 2 years after 

3 the date of enactment of this Act, the Secretary, in 

4 cooperation with State and local governmental offi5 cials and affected stakeholders, shall develop a com6 prehensive Chattahoochee River Basin restoration 

7 plan to guide the implementation of projects under 

8 subsection (b)(2). 

9 (2) COORDINATION.—The restoration plan de10 scribed in paragraph (1) shall, to the maximum ex11 tent practicable, consider and avoid duplication of 

12 any ongoing or planned actions of other Federal, 

13 State, and local agencies and nongovernmental orga14 nizations. 

15 (3) PRIORITIZATION.—The restoration plan de16 scribed in paragraph (1) shall give priority to 

17 projects eligible under subsection (b)(2) that will 

18 also improve water quality or quantity or use nat19 ural hydrological features and systems. 

20 (d) AGREEMENT.— 

21 (1) IN GENERAL.—Before providing assistance 

22 under this section, the Secretary shall enter into an 

23 agreement with a non-Federal interest for the design 

24 and construction of a project carried out pursuant to 


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1 the comprehensive Chattahoochee River Basin res2 toration plan described in subsection (c). 

3 (2) REQUIREMENTS.—Each agreement entered 

4 into under this subsection shall provide for— 

5 (A) the development by the Secretary, in 

6 consultation with appropriate Federal, State, 

7 and local officials, of a resource protection and 

8 restoration plan, including appropriate engi9 neering plans and specifications and an esti10 mate of expected resource benefits; and 

11 (B) the establishment of such legal and in12 stitutional structures as are necessary to ensure 

13 the effective long-term operation and mainte14 nance of the project by the non-Federal inter15 est. 

16 (e) 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 agreement entered into under 

20 this section shall be 80 percent. 

21 (2) NON-FEDERAL SHARE.— 

22 (A) VALUE OF LAND, EASEMENTS, 

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

25 carrying out an agreement entered into under 


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1 this section, the Secretary shall provide credit 

2 to a non-Federal interest for the value of land, 

3 easements, rights-of-way, and relocations pro4 vided by the non-Federal interest, except that 

5 the amount of credit provided for a project 

6 under this paragraph may not exceed 20 per7 cent of the total project costs. 

8 (B) OPERATION AND MAINTENANCE

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

10 operation and maintenance of activities carried 

11 out under an agreement under this section shall 

12 be 100 percent. 

13 (f) COOPERATION.—In carrying out this section, the 

14 Secretary shall cooperate with— 

15 (1) the heads of appropriate Federal agencies, 

16 including— 

17 (A) the Administrator of the Environ18 mental Protection Agency; 

19 (B) the Secretary of Commerce, acting 

20 through the Administrator of the National Oce21 anic and Atmospheric Administration; 

22 (C) the Secretary of the Interior, acting 

23 through the Director of the United States Fish 

24 and Wildlife Service; and 


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1 (D) the heads of such other Federal agen2 cies as the Secretary determines to be appro3 priate; and 

4 (2) agencies of a State or political subdivision 

5 of a State. 

6 (g) PROTECTION OF RESOURCES.—A project estab7 lished under this section shall be carried out using such 

8 measures as are necessary to protect environmental, his9 toric, and cultural resources. 

10 (h) PROJECT CAP.—The total cost of a project car11 ried out under this section may not exceed $15,000,000. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $90,000,000. 

Æ 


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