I 

108TH CONGRESS 

2D SESSION H. R. 4645

To authorize the Secretary of the Army to provide Federal assistance for 

environmental infrastructure projects in northern and northeastern Kentucky. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2004

Mr. LUCAS of Kentucky introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL

To authorize the Secretary of the Army to provide Federal 

assistance for environmental infrastructure projects in 

northern and northeastern Kentucky.

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 ‘‘PRIDE Plus Act’’. 

5 SEC. 2. NORTHERN AND NORTHEASTERN KENTUCKY. 

6 (a) NORTHERN AND NORTHEASTERN KENTUCKY

7 DEFINED.—In this section, the term ‘‘Northern and 

8 Northeastern Kentucky’’ means the counties of Bath, 

9 Boone, Boyd, Bracken, Campbell, Carroll, Carter, Elliot, 

10 Fleming, Gallatin, Grant, Greenup, Harrison, Henry, 
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1 Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pen2 dleton, Robertson, Scott, and Trimble, Kentucky. 

3 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

4 of the Army may establish a program to provide environ5 mental assistance to non-Federal interests in Northern 

6 and Northeastern Kentucky. 

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

8 section may be in the form of design and construction as9 sistance for water-related environmental infrastructure 

10 and resource protection and development projects in 

11 Northern and Northeastern Kentucky, including projects 

12 for wastewater treatment and related facilities, water sup13 ply and related facilities, environmental restoration, and 

14 surface water resource protection and development. 

15 (d) PUBLIC OWNERSHIP REQUIREMENT.—The Sec16 retary may provide assistance for a project under this sec17 tion only if the project is publicly owned. 

18 (e) LOCAL COOPERATION AGREEMENTS.—

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 and 

6 State officials, of a facilities or resource protec7 tion and development plan, including appro8 priate engineering plans and specifications. 

9 (B) LEGAL AND INSTITUTIONAL STRUC10 TURES.—Establishment of such legal and insti11 tutional structures as are necessary to ensure 

12 the effective long-term operation of the project 

13 by the non-Federal interest. 

14 (3) COST SHARING.—

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

16 the project costs under each local cooperation 

17 agreement entered into under this subsection 

18 shall be 75 percent. The Federal share may be 

19 in the form of grants or reimbursements of 

20 project costs. 

21 (B) CREDIT FOR DESIGN WORK.—The 

22 non-Federal interest shall receive credit for the 

23 reasonable costs of design work completed by 

24 the non-Federal interest before entering into a 
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1 local cooperation agreement with the Secretary 

2 for a project. 

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

4 delay in the funding of the non-Federal share 

5 of a project that is the subject of an agreement 

6 under this section, the non-Federal interest 

7 shall receive credit for reasonable interest in8 curred in providing the non-Federal share of 

9 the project’s costs. 

10 (D) LAND, EASEMENTS, AND RIGHTS-OF11 WAY CREDIT.—The non-Federal interest shall 

12 receive credit for land, easements, rights-of13 way, and relocations toward the non-Federal 

14 share of project costs (including all reasonable 

15 costs associated with obtaining permits nec16 essary for the construction, operations, and 

17 maintenance of the project on publicly owned or 

18 controlled land), but not to exceed 25 percent 

19 of total project costs. 

20 (E) OPERATIONS AND MAINTENANCE.—

21 The non-Federal share of operation and mainte22 nance costs for projects constructed with assist23 ance provided under this section shall be 100 

24 percent. 
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1 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section waives, limits, or other3 wise affects the applicability of any provision of Federal 

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

5 be carried out with assistance provided under this section. 

6 (g) REPORT.—Not later than December 31, 2005, 

7 the Secretary shall transmit to Congress a report on the 

8 results of the program carried out under this section, in9 cluding a recommendation concerning whether the pro10 gram should be implemented on a national basis. 

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $10,000,000. Such funds shall remain available until ex14 pended.

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