I 
107TH CONGRESS 
2D SESSION 
H. R. 5405
To authorize the Secretary of the Army to carry out a program for ecosystem 
restoration in Appalachia and the Northeast Region. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2002
Mr. SHERWOOD introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Resources, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To authorize the Secretary of the Army to carry out a 
program for ecosystem restoration in Appalachia and 
the Northeast Region.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ECOSYSTEM RESTORATION IN THE APPA-
LACHIAN AND NORTHEAST REGIONS. 
(a) IN GENERAL.—The Secretary of the Army may 
carry out ecosystem restoration and protection projects in 
the Appalachian region (as defined in section 403 of the 
Appalachian Regional Development Act of 1965 (40
U.S.C. App.)), New England, and the mid-Atlantic States 
from New York to Virginia if the Secretary determines 
that the project— 
(1) will improve the quality of the environment 
and is in the public interest; and 
(2) is cost-effective. 
(b) INCLUDED PROJECTS.—In this section, the term 
‘‘ecosystem restoration project’’ includes— 
(1) the reestablishment of chemical, physical, 
hydrologic, and biological features and components 
of an ecosystem necessary to support fish and wild-
life habitat and increase the diversity and numbers 
of species in an ecosystem; 
(2) the abatement of abandoned mine drainage, 
and reclamation of abandoned mine lands, coal 
refuse piles, and other features contributing to mine 
drainage and degradation of aquatic and terrestrial 
habitat; and 
(3) the reestablishment of stream and river 
channels which are losing water to abandoned under-
ground mines. 
(c) COST SHARING.—
(1) FEDERAL SHARE.—Except as provided in 
paragraph (2), the Federal share of the cost of an 
ecosystem restoration project (other than the cost of
operation and maintenance) under this section shall 
not exceed 65 percent of the total cost of the 
project. 
(2) INNOVATIVE
TECHNOLOGY
COSTS.—The 
Federal share of the incremental additional cost of 
including in an ecosystem restoration project under 
this section pilot testing or demonstration of an in-
novative technology shall be 75 percent. 
(3) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of an ecosystem restoration project 
carried out under this section shall include lands, 
easements, rights of way, relocations, and disposals 
and may include services, or any other form of in-
kind contribution determined by the Secretary to be 
an appropriate contribution, to the project equiva-
lent to the monetary amount required for the non-
Federal share. 
(4) NONPROFIT
ENTITIES.—Notwithstanding 
section 221 of the Flood Control Act of 1970 (42 
U.S.C. 1962d–5b), for any project carried out under 
this section, a non-Federal interest may include a 
nonprofit entity with the consent of the affected 
local government. 
(5) NON-FEDERAL CREDIT FOR PRIOR WORK.—
The non-Federal share of the cost of an ecosystem
restoration project under this section may include 
credit for data collection, testing, or other work lead-
ing to the project which is conducted not more than 
2 years before execution of the cooperation agree-
ment for the project. 
(6) OPERATION AND MAINTENANCE.—The non-
Federal interest shall be responsible for all costs as-
sociated with operating, maintaining, replacing, re-
pairing, and rehabilitating all projects carried out 
under this section. 
(7) 
POST-CONSTRUCTION
MONITORING.—All 
projects constructed under this section shall include, 
as part of construction, post construction monitoring 
following completion to assure solutions implemented 
have performed as intended. 
(d) AGREEMENTS.—Construction of a project under 
this section shall be initiated only after a non-Federal in-
terest has entered into a legally binding agreement with 
the Secretary to pay the non-Federal share of the costs 
of construction required by this section and to pay 100 
percent of any, operation, maintenance, replacement, and 
rehabilitation costs with respect to the project in accord-
ance with regulations prescribed by the Secretary.
(e) COST LIMITATIONS.—Not more than $8,000,000 
in Federal funds may be allotted under this section for 
projects under this section at any single locality. 
(f) FUNDING.—There is authorized to be appro-
priated to carry out this section $20,000,000 per year for 
fiscal years 2003 and 2004 and $40,000,000 per year for 
fiscal years 2005 through 2008.
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