Page:United States Statutes at Large Volume 114 Part 5.djvu/293

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-253 related facilities, environmental restoration, and surface water resource protection and development. (d) PUBLIC OWNEIISHIP REQUIREMENT,—The Secretary may provide assistance for a project under this section only if the project is publicly owned. (e) 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 with appropriate Federal and State officials, of a facilities or restructure 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 shall be 75 percent. The Federal share may be in the form of grants or reimbursements 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 local construction costs of the 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 subsection, 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 reductions 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 the 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 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.

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