†
391
HR 1495 EAS
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry out
this section $12,000,000.
SEC. 5021. NORTH CAROLINA.
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary
shall establish a program to provide environmental assist-
ance to non-Federal interests in the State of North Caro-
lina.
(b) FORM OF ASSISTANCE.—Assistance under this sec-
tion may be in the form of design and construction assist-
ance for environmental infrastructure and resource protec-
tion and development projects in North Carolina, including
projects for—
(1) wastewater treatment and related facilities;
(2) combined sewer overflow, water supply, stor-
age, treatment, and related facilities;
(3) drinking water infrastructure including
treatment and related facilities;
(4) environmental restoration;
(5) storm water infrastructure; and
(6) surface water resource protection and devel-
opment.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned.
†
392
HR 1495 EAS
(d) PROJECT COOPERATION AGREEMENTS.—
(1) IN
GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
project cooperation agreement with a non-Federal in-
terest to provide for design and construction of the
project to be carried out with the assistance.
(2) REQUIREMENTS.—Each project cooperation
agreement entered into under this subsection shall
provide for the following:
(A) PLAN.—Development by the Secretary,
in consultation with appropriate Federal and
State officials, of a facilities development plan or
resource protection plan, including appropriate
plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure the
effective long-term operation of the project by the
non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of the
cost of the project under this section—
(i) shall be 75 percent; and
(ii) may be provided in the form of
grants or reimbursements of project costs.
†
393
HR 1495 EAS
(B) CREDIT FOR DESIGN WORK.—The non-
Federal interest shall receive credit, not to exceed
6 percent of the total construction costs of the
project, for the reasonable costs of design work
completed by the non-Federal interest before en-
tering into a local cooperation agreement with
the Secretary for a project.
(C) CREDIT FOR INTEREST.—In case of a
delay in the funding of the non-Federal share of
the costs of a project that is the subject of an
agreement under this section, the non-Federal in-
terest shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project costs.
(D) CREDIT FOR LAND, EASEMENTS, AND
RIGHTS-OF-WAY.—The non-Federal interest shall
receive credit for land, easements, rights-of-way,
and relocations toward the non-Federal share of
project costs (including all reasonable costs asso-
ciated with obtaining permits necessary for the
construction, operation, and maintenance of the
project on publicly-owned or -controlled land).
(E) OPERATION
AND
MAINTENANCE.—The
non-Federal share of operation and maintenance
†
394
HR 1495 EAS
costs for projects constructed with assistance pro-
vided under this section shall be 100 percent.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section waives, limits, or otherwise
affects the applicability of any provision of Federal or State
law that would otherwise apply to a project to be carried
out with assistance provided under this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$13,000,000.
SEC. 5022. OHIO RIVER BASIN ENVIRONMENTAL MANAGE-
MENT.
(a) DEFINITIONS.—In this section:
(1) OHIO RIVER BASIN.—The term ‘‘Ohio River
Basin’’ means the Ohio River, its backwaters, its side
channels, and all tributaries (including their water-
sheds) that drain into the Ohio River and encom-
passing areas of any of the States of Indiana, Ohio,
Kentucky, Pennsylvania, West Virginia, Illinois, New
York, and Virginia.
(2) COMPACT.—The term ‘‘Compact’’ means the
Ohio River Watershed Sanitation Commission flood
and pollution control compact between the States of
Indiana, West Virginia, Ohio, Kentucky, Pennsyl-
vania, New York, Illinois, and Virginia, approved by
†
395
HR 1495 EAS
Congress in 1936 pursuant to the first section of the
Act of June 8, 1936 (33 U.S.C. 567a), and chartered
in 1948.
(b) ASSISTANCE.—The Secretary may provide plan-
ning, design, and construction assistance to the Compact
for the improvement of the quality of the environment in
and along the Ohio River Basin.
(c) PRIORITIES.—In providing assistance under this
section, the Secretary shall give priority to reducing or
eliminating the presence of organic pollutants in the Ohio
River Basin through the renovation and technological im-
provement of the organic detection system monitoring sta-
tions along the Ohio River in the States of Indiana, Ohio,
West Virginia, Kentucky, and Pennsylvania.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$2,500,000.
SEC. 5023. STATEWIDE COMPREHENSIVE WATER PLANNING,
OKLAHOMA.
(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance for the development of updates of the Okla-
homa Comprehensive Water Plan.
(b) TECHNICAL ASSISTANCE.—Technical assistance
provided under subsection (a) may include—
†
396
HR 1495 EAS
(1) acquisition of hydrologic data, groundwater
characterization, database development, and data dis-
tribution;
(2) expansion of surface water and groundwater
monitoring networks;
(3) assessment of existing water resources, sur-
face water storage, and groundwater storage potential;
(4) numerical analysis and modeling necessary
to provide an integrated understanding of water re-
sources and water management options;
(5) participation in State planning forums and
planning groups;
(6) coordination of Federal water management
planning efforts; and
(7) technical review of data, models, planning
scenarios, and water plans developed by the State.
(c) ALLOCATION.—The Secretary shall allocate, subject
to the availability of appropriations, $6,500,000 to provide
technical assistance and for the development of updates of
the Oklahoma Comprehensive water plan.
(d) COST SHARING REQUIREMENT.—The non-Federal
share of the total cost of any activity carried out under this
section—
(1) shall be 25 percent; and
†
397
HR 1495 EAS
(2) may be in the form of cash or any in-kind
services that the Secretary determines would con-
tribute substantially toward the conduct and comple-
tion of the activity assisted.
SEC. 5024. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE
SIOUX TRIBE, AND TERRESTRIAL WILDLIFE
HABITAT RESTORATION, SOUTH DAKOTA.
(a) DISBURSEMENT PROVISIONS OF STATE OF SOUTH
DAKOTA AND CHEYENNE RIVER SIOUX TRIBE AND LOWER
BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABITAT
RESTORATION TRUST FUNDS.—Section 602(a)(4) of the
Water Resources Development Act of 1999 (113 Stat. 386)
is amended—
(1) in subparagraph (A)—
(A) in clause (i), by inserting ‘‘and the Sec-
retary of the Treasury’’ after ‘‘Secretary’’; and
(B) by striking clause (ii) and inserting the
following:
‘‘(ii) AVAILABILITY
OF
FUNDS.—On
notification in accordance with clause (i),
the Secretary of the Treasury shall make
available to the State of South Dakota
funds from the State of South Dakota Ter-
restrial Wildlife Habitat Restoration Trust
Fund established under section 603, to be
†
398
HR 1495 EAS
used to carry out the plan for terrestrial
wildlife habitat restoration submitted by the
State of South Dakota after the State cer-
tifies to the Secretary of the Treasury that
the funds to be disbursed will be used in ac-
cordance with section 603(d)(3) and only
after the Trust Fund is fully capitalized.’’;
and
(2) in subparagraph (B), by striking clause (ii)
and inserting the following:
‘‘(ii) AVAILABILITY
OF
FUNDS.—On
notification in accordance with clause (i),
the Secretary of the Treasury shall make
available to the Cheyenne River Sioux Tribe
and the Lower Brule Sioux Tribe funds
from the Cheyenne River Sioux Terrestrial
Wildlife Habitat Restoration Trust Fund
and the Lower Brule Sioux Terrestrial
Wildlife Habitat Restoration Trust Fund,
respectively, established under section 604,
to be used to carry out the plans for terres-
trial wildlife habitat restoration submitted
by the Cheyenne River Sioux Tribe and the
Lower Brule Sioux Tribe, respectively, after
the respective tribe certifies to the Secretary
†
399
HR 1495 EAS
of the Treasury that the funds to be dis-
bursed will be used in accordance with sec-
tion 604(d)(3) and only after the Trust
Fund is fully capitalized.’’.
(b) INVESTMENT PROVISIONS OF STATE OF SOUTH
DAKOTA TERRESTRIAL WILDLIFE RESTORATION TRUST
FUND.—Section 603 of the Water Resources Development
Act of 1999 (113 Stat. 388) is amended—
(1) by striking subsection (c) and inserting the
following:
‘‘(c) INVESTMENTS.—
‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding
any other provision of law, the Secretary of the Treas-
ury shall invest the amounts deposited under sub-
section (b) and the interest earned on those amounts
only in interest-bearing obligations of the United
States issued directly to the Fund.
‘‘(2) INVESTMENT REQUIREMENTS.—
‘‘(A) IN
GENERAL.—The Secretary of the
Treasury shall invest the Fund in accordance
with all of the requirements of this paragraph.
‘‘(B) SEPARATE
INVESTMENTS
OF
PRIN-
CIPAL AND INTEREST.—
‘‘(i) 
PRINCIPAL
ACCOUNT.—The
amounts deposited in the Fund under sub-