Page:United States Statutes at Large Volume 113 Part 1.djvu/394

 113 STAT. 370 PUBLIC LAW 106-53—AUG. 17, 1999 (d) OWNERSHIP REQUIREMENTS.—The Secretary may provide assistance for a project under this section only if the project is publicly owned or is owned by a Native Corporation. (e) LOCAL COOPERATION AGREEMENTS.— (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 with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications. (B) LEGAL AND INSTITUTIONAL STRUCTURES. —Establishment of such leg£d 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 the project costs under each locgJ cooperation agreement entered into under this subsection shall be 75 percent. The Federal shsire may be in the form of grants or reimbiu*sements of project costs. (B) CREDIT FOR DESIGN WORK.— The non-Federal interest shall receive credit for the reasonable costs of design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project. The credit for the design work shall not exceed 6 percent of the total construction costs of the project. (C) CREDIT FOR INTEREST.—In case of a delay in the funding of the non-Federal share 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 non-Federal share of the project's costs. (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) 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. (f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.— Nothing in this section w£uves, 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. Deadline. (g) REPORT. —Not later thsui December 31, 2001, the Secretary shall submit to Congress a report on the results of the pilot program

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