Page:United States Statutes at Large Volume 110 Part 5.djvu/686

 110 STAT. 3760 PUBLIC LAW 104-303—OCT. 12, 1996 (b) PUBLIC OWNERSHIP REQUIREMENT.— The Secretary may provide assistance for a project under this section only if the project is publicly owned, and will be publicly operated and maintained. (c) 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— (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective longterm operation and maintenance of the project by the non- Federal interest. (d) COST SHARING. — (1) FEDERAL SHARE.— Except as provided in paragraph (2)(B), the Federal share of the total project costs of each local cooperation agreement entered into under this section shall be 75 percent. (2) NON-FEDERAL SHARE.— (A) VALUE OF LANDS, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS.— In determining the non-Federal contribution toward carrying out a local cooperation agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of lands, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 25 percent of the total project costs. (B) OPERATION AND MAINTENANCE COSTS.— The non- Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (e) COOPERATION.—In carrying out this section, the Secretary shall cooperate with the heads of appropriate Federal agencies, including— (1) the Administrator of the Environmental Protection Agency; (2) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (3) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (4) the heads of such other Federal agencies and agencies of a State or political subdivision of a State as the Secretary determines to be appropriate. State listing. (f) PROJECT.— The Secretary shall establish at least 1 project under this section in each of the States of Maryland, Virginia, and Pennsylvania. (g) PROTECTION OF RESOURCES. —A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.

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