Environmental Infrastructure Assistance Act

I 116TH CONGRESS 1ST SESSION H. R. 2206 To direct the Secretary of the Army, acting through the Chief of Engineers, to establish a program to provide environmental assistance to non-Fed- eral interests in Arizona. IN THE HOUSE OF REPRESENTATIVES APRIL 10, 2019 Mr. STANTON (for himself and Mr. GALLEGO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of the Army, acting through the Chief of Engineers, to establish a program to provide environmental assistance to non-Federal interests in Ari- zona. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Environmental Infra- 4 structure Assistance Act’’. 5 SEC. 2. ENVIRONMENTAL ASSISTANCE PROGRAM, ARIZONA. 6 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 7 of the Army, acting through the Chief of Engineers, shall 8 VerDate Sep 11 2014 02:55 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.IH H2206 kjohnson on DSK79L0C42 with BILLS 2 •HR 2206 IH establish a program for providing environmental assist- 1 ance to non-Federal interests in Arizona. 2 (b) FORM OF ASSISTANCE.—Assistance under this 3 section may be in the form of— 4 (1) design and construction assistance for 5 water-related environmental infrastructure and re- 6 source protection and development in Arizona, in- 7 cluding projects for— 8 (A) wastewater treatment and related fa- 9 cilities; 10 (B) water supply and related facilities; 11 (C) environmental restoration; and 12 (D) surface water resource protection and 13 development; and 14 (2) technical assistance to small and rural com- 15 munities for water planning and issues relating to 16 access to water resources. 17 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec- 18 retary may provide assistance for a project under sub- 19 section (b)(1) only if the project is publicly owned. 20 (d) LOCAL COOPERATION AGREEMENT.— 21 (1) IN GENERAL.—Before providing assistance 22 under subsection (b)(1), the Secretary shall enter 23 into a local cooperation agreement with a non-Fed- 24 VerDate Sep 11 2014 02:55 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.IH H2206 kjohnson on DSK79L0C42 with BILLS 3 •HR 2206 IH eral interest to provide for design and construction 1 of the project to be carried out with the assistance. 2 (2) REQUIREMENTS.—Each local cooperation 3 agreement entered into under this subsection shall 4 provide for the following: 5 (A) PLAN.—Development by the Secretary, 6 in consultation with appropriate Federal and 7 State officials, of a facilities or resource protec- 8 tion and development plan, including appro- 9 priate engineering plans and specifications. 10 (B) LEGAL AND INSTITUTIONAL STRUC- 11 TURES.—Establishment of such legal and insti- 12 tutional structures as are necessary to ensure 13 the effective long-term operation of the project 14 by the non-Federal interest. 15 (3) COST SHARING.— 16 (A) IN GENERAL.—The Federal share of 17 project costs under each local cooperation 18 agreement entered into under this subsection 19 shall be 75 percent. The Federal share may be 20 in the form of grants or reimbursements of 21 project costs. 22 (B) CREDIT FOR DESIGN WORK.—The 23 non-Federal interest shall receive credit for the 24 reasonable costs of design work completed by 25 VerDate Sep 11 2014 02:55 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.IH H2206 kjohnson on DSK79L0C42 with BILLS 4 •HR 2206 IH the non-Federal interest before entering into a 1 local cooperation agreement with the Secretary 2 for a project. 3 (C) CREDIT FOR INTEREST.—In case of a 4 delay in the funding of the non-Federal share 5 of the costs of a project that is the subject of 6 an agreement under this subsection, the non- 7 Federal interest shall receive credit for reason- 8 able interest incurred in providing the non- 9 Federal share of the project costs. 10 (D) LAND, EASEMENTS, RIGHTS-OF-WAY, 11 AND RELOCATIONS.—The non-Federal interest 12 shall receive credit for land, easements, rights- 13 of-way, and relocations provided by the non- 14 Federal interest toward the non-Federal share 15 of project costs (including all reasonable costs 16 associated with obtaining permits necessary for 17 the construction, operation, and maintenance of 18 the project on publicly owned or controlled 19 land), but not to exceed 25 percent of total 20 project costs. 21 (E) OPERATION AND MAINTENANCE.—The 22 non-Federal share of operation and mainte- 23 nance costs for projects constructed with assist- 24 VerDate Sep 11 2014 02:55 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.IH H2206 kjohnson on DSK79L0C42 with BILLS 5 •HR 2206 IH ance provided under subsection (b)(1) shall be 1 100 percent. 2 (e) APPLICABILITY OF OTHER FEDERAL AND STATE 3 LAWS.—Nothing in this section waives, limits, or other- 4 wise affects the applicability of any provision of Federal 5 or State law that would otherwise apply to a project to 6 be carried out with assistance provided under this section. 7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 8 authorized to be appropriated to carry out this section 9 $150,000,000, to remain available until expended. 10 Æ VerDate Sep 11 2014 02:55 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2206.IH H2206 kjohnson on DSK79L0C42 with BILLS