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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Landowners Equal Treatment Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares the following:
            (1) The Secretary of the Interior, through the United 
        States Fish and Wildlife Service, recently demanded and 
        received compensation for the loss of use of federally owned 
        property resulting from constructive use of the property for 
        other public purposes, in an amount of approximately 
        $26,000,000.
            (2) The Secretary of Transportation has promulgated a 
        regulation allowing for compensation of Federal agencies for 
        the lost use of agency property for public purposes, through a 
        definition of the term ``constructive use'' that includes off-
        site impacts of Federal agency actions on federally owned 
        property.
            (3) The Federal Government enjoys no right under the 
        Constitution to compensation for use of Federal agency property 
        for other public purposes, while the rights of private persons 
        to be compensated for the taking of their property by the 
        Government for a public purpose is a fundamental right 
        protected by the Fifth and Fourteenth Amendments to the 
        Constitution.
            (4) Private property owners should be compensated in a 
        manner that is at least as equitable as the compensation 
        afforded to Federal agencies when their property is used or 
        constructively used for other public purposes.
            (5) Fair and equitable treatment of private property owners 
        will increase the willingness of private property owners to 
        provide habitat for wildlife and plants protected under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Purpose.--The purpose of this Act is to increase the efforts of 
private property owners to protect and restore habitat for wildlife, by 
ensuring that their constitutional and legal property rights will be 
honored, respected, and protected in the implementation of the 
Endangered Species Act of 1973.

SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following new section:

                ``minimizing impacts on private property

    ``Sec. 19. (a) In General.--In implementing this Act, the head of 
an agency shall make every possible effort to avoid, minimize, or 
mitigate impacts on non-Federal property that result in Federal use of 
the property as a direct result of the action of the agency head under 
this Act or in furtherance of the purposes of this Act. An agency shall 
not take action that results in a Federal use of non-Federal property 
under this Act unless the agency--
            ``(1) obtains the written permission of its owner;
            ``(2) negotiates a voluntary agreement authorizing that 
        use; or
            ``(3) pays compensation in accordance with this section.
    ``(b) Compensation for Federal Use of Non-Federal Property.--An 
agency that takes action under this Act or in furtherance of the 
purposes of this Act that results in a Federal use of non-Federal 
property or any portion of non-Federal property without the written 
consent of the owner of the property shall compensate the owner for the 
fair market value of the Federal use of the property or portion. 
Compensation paid shall reflect the duration of the Federal use as 
necessary to achieve the purposes of this Act.
    ``(c) Request of Owner.--An owner of non-Federal property seeking 
compensation under this section shall make a written request for 
compensation to the agency implementing the agency action resulting in 
the Federal use of property. The request shall, at a minimum, identify 
the affected portion of the property, the nature of the Federal use of 
non-Federal property for which the compensation is sought, and the 
amount of compensation sought.
    ``(d) Negotiations.--The agency may negotiate with the owner to 
reach agreement on the amount of the compensation under this section, 
the terms of any agreement for payment, and the terms of any Federal 
use of non-Federal property for which compensation is paid. If such an 
agreement is reached, the agency shall within 6 months pay the owner 
the amount agreed upon. An agreement under this section may include a 
transfer of title or an agreement to limit the period of time of the 
Federal use of non-Federal property.
    ``(e) Choice of Remedies.--If, not later than 180 days after the 
written request is made, the parties have not reached an agreement on 
compensation, the owner of the property may elect binding arbitration 
or seek compensation due under this section in a civil action.
    ``(f) Arbitration.--The procedures that govern the arbitration 
shall, as nearly as practicable, be those established under title 9, 
United States Code, for arbitration proceedings to which that title 
applies. An award made in such arbitration shall include a reasonable 
attorney's fee and other arbitration costs, including appraisal fees. 
The agency shall promptly pay any award made to the owner.
    ``(g) Civil Actions.--A civil action to enforce this section may be 
filed under section 11(g). An owner who prevails in a civil action 
against the agency pursuant to this section shall be entitled to, and 
the agency shall be liable for, the amount of compensation awarded plus 
reasonable attorney's fees and other litigation costs, including 
appraisal fees. The court shall award interest on the amount of any 
compensation from the time of the Federal use of non-Federal property.
    ``(h) Source of Payments.--Any payment made under this section to 
an owner of property and any judgment obtained by an owner of property 
in a civil action under this section shall, notwithstanding any other 
provision of law, be made from the annual appropriation of the agency 
that took the agency action giving rise to the payment or civil action. 
If the agency action resulted from a requirement imposed by another 
agency, then the agency making the payment or satisfying the judgment 
may seek partial or complete reimbursement from the appropriated funds 
of the other agency. For this purpose, the head of the agency concerned 
may transfer or reprogram any appropriated funds available to the 
agency. If insufficient funds exist for the payment or to satisfy the 
judgment, it shall be the duty of the head of the agency to seek the 
appropriation of such funds for the next fiscal year.
    ``(i) Availability of Appropriations.--Notwithstanding any other 
provision of law, any obligation of the United States to make any 
payment under this section shall be subject to the availability of 
appropriations.
    ``(j) Duty of Notice to Owners.--An agency may not take any action 
that is a Federal use of non-Federal property unless the agency has 
given 30 days notice to each owner of the property directly affected 
explaining their rights under this section and either obtaining their 
permission for the Federal use or providing the procedures for 
obtaining any compensation that may be available under this section.
    ``(k) Rules of Construction.--The following rules of construction 
shall apply to this Act:
            ``(1) Other rights preserved.--Nothing in this Act shall be 
        construed to limit any right to compensation that exists under 
        the Constitution or under other laws.
            ``(2) Extent of federal authority.--Payment of compensation 
        under this section (other than when property is bought by the 
        Federal Government at the option of the owner) shall not confer 
        any rights on the Federal Government other than the Federal use 
        of non-Federal property agreed to so that the agency action may 
        achieve the species conservation purposes of this Act.
    ``(l) Definitions.--For the purposes of this section:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 551 of title 5, United States Code.
            ``(2) Federal use.--(A) The term `Federal use' means--
                    ``(i) any action under this Act to--
                            ``(I) permanently incorporate non-Federal 
                        property into a Federal facility;
                            ``(II) place non-Federal property under the 
                        control of the Secretary; or
                            ``(III) temporarily occupy non-Federal 
                        property in a manner that is adverse to the 
                        constitutional right of the owner of the 
                        property against taking of the property by the 
                        Federal Government; and
                    ``(ii) any constructive use of non-Federal 
                property.
            ``(B) In this paragraph the term `constructive use' means 
        any action described in subparagraph (C) taken under this Act 
        that results in--
                    ``(i) substantial diminution in the normal or 
                reasonably expected uses of non-Federal property;
                    ``(ii) a reduction in the fair market value of non-
                Federal property of 25 percent or more; or
                    ``(iii) in the case of the right to receive water, 
                any diminution in the quantity of water received or 
                available for use.
            ``(C) The actions referred to in subparagraph (B) are the 
        following:
                    ``(i) The imposition or enforcement of a 
                prohibition of use of non-Federal property the purpose 
                of which is to provide or retain habitat for any 
                species of wildlife or plant determined to be an 
                endangered species or threatened species.
                    ``(ii) A designation of non-Federal property as 
                critical habitat under this Act.
                    ``(iii) The denial of a permit under section 10 
                that results in the loss of the ability to use non-
                Federal property in order to provide habitat for 
                wildlife or plants.
                    ``(iv) An agency action pursuant to a reasonable 
                and prudent alternative suggested by the Secretary 
                under section 7, that would cause an agency to restrict 
                the use of non-Federal property.
                    ``(v) The imposition by any governmental entity of 
                a limitation or restriction on an otherwise permissible 
                use of non-Federal property by the owner of the 
                property, as a condition of a Federal agency providing 
                any land, money, permit, or other benefit to the 
                governmental entity, if imposition of the limitation or 
                restriction by the agency directly would constitute a 
                Federal use of non-Federal property under the other 
                provisions of this paragraph, unless the governmental 
                entity has some other legal basis for imposing the 
                limitation or restriction.
            ``(3) Fair market value.--The term `fair market value' 
        means the most probable price at which property or a right to 
        use property would change hands, in a competitive and open 
        market under all conditions requisite to fair sale, between a 
        willing buyer and willing seller, neither being under any 
        compulsion to buy or sell and both having reasonable knowledge 
        of relevant facts, and without regard to the presence of any 
        species protected under this Act. With respect to a right to 
        use property, fair market value shall be determined on or 
        immediately before the exercise of the right.
            ``(4) Law of the state.--The term `law of the State' 
        includes the law of a political subdivision of a State.
            ``(5) Non-federal property.--The term `non-Federal 
        property' means property which is owned by a person other than 
        any Federal entity of government.
            ``(6) Property.--The term `property' means land, an 
        interest in land, the right to use or receive water, and any 
        personal property, as defined under the law of the State.''.

A: Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat).  Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use.  Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations. 
Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Commission on 
Rebuilding America for the 21st Century Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1808, Albert Gallatin, while serving as President 
        Thomas Jefferson's Secretary of the Treasury, reported to 
        Congress on the infrastructure investments needed by the young 
        Nation.
            (2) Gallatin's plan built on President George Washington's 
        vision of connecting the interior settlements of the Nation 
        with the markets and ports of the East Coast through a network 
        of roads and canals, and provided a roadmap for infrastructure 
        development in the 19th century.
            (3) In 1908, President Theodore Roosevelt convened a 
        conference of State and territorial governors, members of his 
        Cabinet and Congress, professional organizations, private 
        citizens, and government agencies to plan for the United States 
        conservation and infrastructure needs in the 20th century.
            (4) The resulting plan laid the groundwork for many of the 
        critical investments initiated by President Franklin D. 
        Roosevelt to jumpstart the Nation's recovery from the Great 
        Depression.
            (5) Today, as in 1808 and 1908, the United States is faced 
        with significant economic, environmental, and demographic 
        challenges.
            (6) To stave off the worst effects of global warming, the 
        United States will need to reduce greenhouse gas emissions 
        significantly.
            (7) The Nation's population is projected to increase to 420 
        million by 2050, which is nearly a 50 percent increase from the 
        Nation's population size in 2000.
            (8) By 2050, more than 70 percent of the Nation's 
        population growth and economic growth is expected to take place 
        in extended networks of metropolitan regions linked by 
        environmental systems, transportation networks, economies, and 
        culture.
            (9) The National Surface Transportation Policy and Revenue 
        Study Commission recently calculated that maintaining the 
        Nation's existing transportation system over the next 50 years 
        will require $225 billion annually. The latest transportation 
        authorization, SAFETEA-LU, provided only $244 billion total for 
        the 5 years ending with fiscal year 2009.
            (10) The American Society of Civil Engineers has given the 
        Nation's public infrastructure, consisting of water, sewer, and 
        transportation systems, a grade of D-minus, estimating that it 
        will cost $1.6 trillion over the next 5 years merely to repair 
        the Nation's existing infrastructure.
            (11) The Nation's decaying water infrastructure and a lack 
        of available funding to maintain and upgrade the Nation's 
        wastewater infrastructure pose a serious threat to water 
        quality. More than 72,000 miles of municipal water and sewer 
        pipe are more than 80 years old, threatening the health, 
        environment, and economy of communities large and small.
            (12) Population growth and associated development will 
        place the Nation's water resources under increasing stress, 
        including increased pollutant loads, increased potential for 
        flooding, diminished drinking water supplies, loss of aquatic 
        habitat, and stream scouring and erosion. Global warming will 
        exacerbate existing water challenges and make other changes to 
        the natural hydrology, including more extreme storm events, 
        more frequent droughts, higher air and water temperatures, 
        changes in timing of stream flows, and sea level rise. New 
        technologies and a comprehensive strategy will be needed to 
        overcome these challenges and ensure a safe, adequate, 
        reliable, and sustainable water supply.
            (13) The Environmental Protection Agency, the Congressional 
        Budget Office, and other stakeholders have identified a funding 
        gap of between $300 billion and $400 billion over the next 20 
        years for the restoration and replacement of wastewater 
        infrastructure, and an additional $250 billion over the next 30 
        years will be needed to replace worn-out drinking water pipes 
        and associated structures.
            (14) From 1999 to 2009, the Nation's electricity demand 
        rose by nearly 20 percent while transmission capacity grew by 
        only 3.5 percent. To accommodate increased demand, and to 
        accommodate increased electrical supply from renewable sources 
        by 2050, electrical transmission infrastructure requires 
        significant investment.
            (15) The Nation's rural economy is dependant on 
        transportation and communications networks to grow and compete 
        in an increasingly globalized market.
            (16) Significant under-investment in public lands 
        infrastructure jeopardizes the tremendous conservation, 
        environmental, and mixed use benefits that these lands provide 
        the public.
            (17) Much of the Nation's infrastructure was built in the 
        last half of the 20th century and will reach its capacity 
        limits early in the 21st century. Unless new capacity is 
        created in roads, rails, airports, seaports, and other systems, 
        the Nation's economic potential will be artificially limited.
            (18) Since 1980, the number of miles people in the United 
        States drive has grown 3 times faster than the Nation's 
        population. Residents of walkable cities, however, drive 26 
        percent fewer miles per day than those living in the most 
        sprawling areas.
            (19) By 2050, 89 million new or replaced homes as well as 
        190 billion square feet of new offices, stores, and other 
        nonresidential buildings will be constructed.
            (20) By 2050, smart growth building policies could reduce 
        total transportation-related CO&lt;INF&gt;2&lt;/INF&gt; emissions by 7 to 
        10 percent.
            (21) Development of a bold national plan to overcome these 
        challenges by 2050 will allow the United States to respond in 
        the most economically and environmentally sustainable way.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``United 
States Commission on Rebuilding America for the 21st Century'' (in this 
Act referred to as the ``Commission'').

SEC. 4. MEMBERSHIP.

    (a) Appointment of Members.--The Commission shall be composed of 17 
members as follows:
            (1) Two members, including the chairman of the Commission, 
        to be appointed by the Speaker of the House of Representatives.
            (2) Two members to be appointed by the majority leader of 
        the Senate.
            (3) Three members to be appointed jointly by the minority 
        leader of the House of Representatives and the minority leader 
        of the Senate.
            (4) One member to be appointed by the Administrator of the 
        Environmental Protection Agency.
            (5) One member to be appointed by the Secretary of 
        Transportation.
            (6) One member to be appointed by the Secretary of Housing 
        and Urban Development.
            (7) One member to be appointed by the Secretary of the 
        Interior.
            (8) One member to be appointed by the Secretary of Energy.
            (9) One member to be appointed by the President of the 
        Executive Committee of the Board of Directors of the National 
        Association of Counties, in consultation with the other members 
        of the Board.
            (10) One member to be appointed by the Chair of the 
        National Governors Association.
            (11) One member to be appointed by the Executive Director 
        of the National Conference of State Legislatures, in 
        consultation with the members of the Conference's executive 
        committee.
            (12) One member to be appointed by the President of the 
        Board of Directors of the National Association of Regional 
        Councils, in consultation with the other members of the Board.
            (13) One member to be appointed by the President of the 
        United States Conference of Mayors, in consultation with the 
        members of the Conference's executive board.
    (b) Dates of Appointments.--The initial member appointed to the 
Commission shall be the Chairman, as designated by the Speaker of the 
House of Representatives under subsection (a)(1). The remainder of the 
members of the Commission shall be appointed in the 30-day period 
beginning on the 30th day following the date of the appointment of the 
Chairman.
    (c) Qualifications.--
            (1) In general.--Each member of the Commission shall be 
        knowledgeable in--
                    (A) the fields of transportation finance, highway 
                and transit programs, and transportation policy;
                    (B) the fields of land use and housing policy, 
                including community planning and design;
                    (C) the fields of water supply, water 
                infrastructure, and water conservation policy; or
                    (D) the fields of energy supply, energy 
                infrastructure, and energy conservation policy.
            (2) Eligibility of certain representatives.--The members of 
        the Commission--
                    (A) may include representatives of State and local 
                governments, public transportation authorities, and 
                other appropriate governmental units; but
                    (B) may not include any member of the House of 
                Representatives, the Senate, or the President's 
                Cabinet.
    (d) Terms.--The members of the Commission shall be appointed for 
the life of the Commission.
    (e) Vacancies.--A vacancy on the Commission shall be filled 
promptly and in the manner in which the original appointment was made.
    (f) Meetings.--
            (1) Initial meeting.--Not later than 60 days after the last 
        day of the appointment period described in section 4(b), the 
        Commission shall hold the initial meeting of the Commission.
            (2) Meetings.--The Commission shall meet at the call of the 
        chairman of the Commission or a majority of its members.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (g) Pay.--Members of the Commission shall serve without pay.
    (h) Travel Expenses.--Each member of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of chapter 57 
of title 5, United States Code.

SEC. 5. DUTIES.

    (a) Review of Published Materials.--
            (1) In general.--The Commission shall review published 
        materials on the Nation's transportation, water, energy, public 
        lands, and housing infrastructure and, based on the review, 
        assess the challenges of meeting the Nation's infrastructure 
        needs in the 21st century.
            (2) Report to congress.--Not later than 120 days after the 
        last day of the appointment period described in section 4(b), 
        the Commission shall submit to Congress a report on the review 
        and assessment conducted under paragraph (1) and make the 
        report available to the public.
    (b) Public Hearings.--In order to facilitate a national dialogue on 
the Nation's infrastructure needs, the Commission shall hold public 
hearings in at least 50 congressional districts representing a cross-
section of the geographical regions of the United States, and consult 
with other interested persons, before submitting a final report under 
subsection (c)
    (c) Final Report.--
            (1) National vision of infrastructure investments.--Not 
        later than one year after the last day of the appointment 
        period described in section 4(b), the Commission shall prepare 
        and submit to Congress a report that--
                    (A) documents the challenges of meeting the 
                Nation's transportation, water, energy, public lands, 
                and housing infrastructure needs in the 21st century; 
                and
                    (B) articulates a national vision of infrastructure 
                investments to overcome the challenges.
            (2) Specific recommendations.--The report to be submitted 
        under paragraph (1) shall contain specific recommendations on 
        appropriate policies and investments, including integration of 
        existing programs, to provide the people of the United States 
        with--
                    (A) improved transportation mobility, choice, and 
                access to economic opportunities;
                    (B) streamlined investment processes to facilitate 
                State and local transportation investments;
                    (C) improved community health outcomes and social 
                equity;
                    (D) improved water conservation, quality, and 
                quantity;
                    (E) an efficient, vibrant, and flexible electric 
                grid that delivers clean, safe, and affordable energy;
                    (F) reductions in greenhouse gas emissions; and
                    (G) improved public lands infrastructure sufficient 
                to accommodate the growth in users without degrading 
                the environmental and conservation values of the public 
                lands.
            (3) Model principles.--The report to be submitted under 
        paragraph (1) shall contain a set of model principles to ensure 
        that future investments in the Nation's transportation, water, 
        energy, public lands, and housing infrastructure incorporate 
        the findings and recommendations contained in the report.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--For the purpose of carrying out this 
Act, the Commission may hold such hearings, meet and act at such times 
and places, take such testimony, administer such oaths, and receive 
such evidence as the Commission considers appropriate.
    (b) Other Evidence.--The Commission shall gather evidence through 
such means as the Commission considers appropriate, including--
            (1) by soliciting comments through Federal Register 
        notices; and
            (2) by receiving testimony at public hearings conducted by 
        members of the Commission, at the direction of the chairman of 
        the Commission, subject to appropriate rules governing the 
        receiving of evidence.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information (other 
than information required by any law to be kept confidential by such 
department or agency) necessary for the Commission to carry out its 
duties under this Act. Upon request of the Commission, the head of that 
department or agency shall furnish such nonconfidential information to 
the Commission.
    (d) Contracts.--The Commission may enter into contracts with other 
entities in carrying out the duties of the Commission.
    (e) Gifts, Bequests, and Devises.--To the extent or in the amounts 
provided in advance in appropriations Acts, the Commission may accept, 
use, and dispose of gifts, bequests, or devises of services or 
property, both real and personal, for the purpose of aiding or 
facilitating the work of the Commission. Gifts, bequests, or devises of 
money and proceeds from sales of other property received as gifts, 
bequests, or devises shall be deposited in the Treasury and shall be 
available for disbursement upon order of the Chairperson.
    (f) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (g) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.

SEC. 7. STAFF.

    (a) Staff.--The Commission may appoint and fix the pay of such 
personnel as the Commission considers appropriate.
    (b) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist the Commission in carrying out its duties under 
this Act.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay for GS-15 of the 
General Schedule.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$2,500,000.

SEC. 9. TERMINATION.

    The Commission shall terminate on the 180th day following the date 
of transmittal of the final report required under section 5(c). All 
records and papers of the Commission shall thereupon be delivered to 
the Administrator of General Services for deposit in the National 
Archives.

A: United States Commission on Rebuilding America for the 21st Century Act - Establishes the United States Commission on Rebuilding America for the 21st Century to review published materials on the nation's transportation, water, energy, public lands, and housing infrastructure and assess the challenges of meeting the nation's infrastructure needs in the 21st century.

Directs the Commission to submit to Congress a report that: (1) documents those challenges and articulates a national vision of infrastructure investments to overcome them; (2) contains specific recommendations on policies and investments to provide for streamlined state and local transportation investment processes, an electric grid that delivers clean, safe, and affordable energy, reductions in greenhouse has emissions, and improved transportation mobility, community health outcomes, water conservation, and public lands infrastructure accommodating user growth without degrading the environment; and (3) contains a set of model principles to ensure that future investments in the nation's infrastructure incorporate the report's findings and recommendations.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Infrastructure Revitalization 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (2) State.--The term ``State'' means the State of North 
        Dakota.

SEC. 3. PROGRAM.

    (a) Establishment.--The Secretary shall establish a program to 
provide environmental assistance to non-Federal interests in the State.
    (b) Form of Assistance.--Assistance under this Act may be provided 
in the form of design and construction assistance for water-related 
environmental infrastructure and resource protection and development 
projects in the State, including projects for--
            (1) wastewater treatment and related facilities;
            (2) water supply and related facilities;
            (3) environmental restoration; and
            (4) surface water resource protection and development.
    (c) Public Ownership Requirement.--The Secretary may provide 
assistance for a project under this section only if the project is 
publicly owned.
    (d) Local Cooperation Agreement.--
            (1) In general.--Before providing assistance under this 
        section, the Secretary shall enter into a local 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 local cooperation agreement entered 
        into under this subsection shall provide for the following:
                    (A) Plan.--Development by the Secretary, in 
                consultation and coordination with appropriate Federal, 
                State, and tribal officials and organizations 
                recognized under State law that are involved in Federal 
                water programs, of a facilities or resource protection 
                and development plan, including appropriate engineering 
                plans and specifications.
                    (B) Legal and institutional structures.--
                Establishment of such legal and institutional 
                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 project costs 
                under each local cooperation agreement entered into 
                under this subsection--
                            (i) shall be 75 percent; and
                            (ii) may be in the form of grants or 
                        reimbursements of project costs.
                    (B) Credit for design work.--The non-Federal 
                interest shall receive credit, not to exceed 6 percent 
                of the total construction costs of a project, for the 
                reasonable costs of design work completed by the non-
                Federal interest before entering into a local 
                cooperation agreement with the Secretary for the 
                project.
                    (C) Credit for interest.--In case of a delay in the 
                funding of the Federal share of the costs of a project 
                that is the subject of an agreement under this section, 
                the non-Federal interest shall receive credit for 
                reasonable interest incurred in providing the Federal 
                share of the costs of the project.
                    (D) Land, easements, and rights-of-way credit.--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 associated with obtaining permits 
                necessary for the construction, operation, and 
                maintenance of the project on publicly owned or 
                controlled land), but not to exceed 25 percent of total 
                project costs.
                    (E) Consideration of water rate impacts for local 
                cost share.--
                            (i) In general.--The non-Federal share of 
                        the cost of constructing a project under this 
                        Act shall be reduced, using the national 
                        affordability criteria for water rate 
                        percentages relating to State average medium 
                        household income developed by the Environmental 
                        Protection Agency, by 5 percent for each \1/2\ 
                        percent by which the rate for affordability 
                        relating to the project area exceeds the 
                        average State-wide rate for affordability.
                            (ii) Multicounty projects.--With respect to 
                        a multicounty project under this Act, the 
                        average of all affordability rates applicable 
                        in the area covered by the project shall be 
                        used for the purpose of establishing the local 
                        share of the costs of the project.
                    (F) Operation and maintenance.--The non-Federal 
                share of operation and maintenance costs for projects 
                constructed with assistance provided 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 $60,000,000 for the period 
beginning with fiscal year 2005, to remain available until expended.

A:
Water Infrastructure Revitalization Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to establish a program to provide environmental assistance to non-Federal interests in North Dakota, which may be provided in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects.

Requires projects to be publicly owned as a prerequisite for assistance.

Directs the Secretary to enter into local cooperation agreements with non-Federal interests for project design and construction. Sets the Federal share of project costs under local cooperation agreements at 75 percent.

Requires a reduction in the non-Federal share of the cost of constructing projects under this Act, using a Federal formula for water rate affordability, where the rate for affordability relating to the project area exceeds the average State-wide rate by a specified percentage.

Sets the non-Federal share of operation and maintenance costs for projects constructed with assistance under this Act at 100 percent.
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