Page:United States Statutes at Large Volume 113 Part 1.djvu/403

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PUBLIC LAW 106-53—AUG. 17, 1999 113 STAT. 379 SEC. 592. MISSISSIPPI. (a) ESTABLISHMENT OF PROGRAM.— The Secretary may establish a pilot program to provide enviromnental assistance to non-Federal interests in Mississippi. (b) FORM OF ASSISTANCE.—Assistance under this section may be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and development projects in Mississippi, including projects for wastewater treatment and related facilities, elimination or control of combined sewer overflows, water supply and related facilities, environmental restoration, and surface water resoiu'ce 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 csuried 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 legal and institutioned structures as are necessary to ensiu"e 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-Feder£d 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 the costs of a project that is the subject of an agreement under this section, the non-Feder£d 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-Federed 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