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107TH CONGRESS
2D SESSION
H. R. 3723
To direct the Secretary of the Army to establish a program to provide
environmental assistance to non-Federal interests in western Pennsyl-
vania, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 2002
Ms. HART introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To direct the Secretary of the Army to establish a program
to provide environmental assistance to non-Federal inter-
ests in western Pennsylvania, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. WESTERN PENNSYLVANIA.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary
of the Army, acting through the Chief of Engineers, shall
establish a program to provide environmental assistance
to non-Federal interests in Western Pennsylvania.
(b) FORM OF ASSISTANCE.—Assistance under this
section may be in the form of design and construction as-
sistance for water-related environmental infrastructure
and resource protection and development projects in West-
ern Pennsylvania, including projects for—
(1) wastewater treatment and related facilities;
(2) combined sewer overflow, water supply,
storage, treatment, and related facilities;
(3) mine drainage;
(4) environmental restoration; and
(5) 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.
(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
interest 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
ated financing costs necessary for the non-Fed-
eral interest to provide the non-Federal share of
the project costs.
(D) LAND, EASEMENTS, RIGHTS-OF-WAY,
AND RELOCATIONS.—The non-Federal interest
shall receive credit for land, easements, rights-
of-way, and relocations provided by the non-
Federal interest toward the non-Federal share
of project costs (including costs associated with
obtaining permits necessary for the placement
of the project on publicly owned or controlled
land), but not to exceed 25 percent of total
project costs.
(E) OPERATION AND MAINTENANCE.—The
non-Federal share of operation and mainte-
nance costs for projects constructed under an
agreement entered into under this subsection
shall be 100 percent.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE
LAWS.—Nothing in this section waives, limits, or other-
wise 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) WESTERN PENNSYLVANIA.—In this section, the
term ‘‘Western Pennsylvania’’ means Allegheny, Beaver,
Butler, Lawrence, and Mercer Counties, Pennsylvania.
(g) REPORT.—Not later than December 31, 2004,
the Secretary shall submit to Congress a report on the
results of the program carried out under this section, in-
cluding recommendations concerning whether the program
should be implemented on a national basis.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000.
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