106 STAT. 4856 PUBLIC LAW 102-580—OCT. 31, 1992 SEC. 340. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORA- TION INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM. (a) ESTABLISHMENT OF PROGRAM.— The Secretary shall estabh'.sh a pilot program for providing environmental assistance to non- Federal interests in southern ^^^st Virginia. Such assistance may be in the form of design and construction assistance for waterrelated environmental infrastructure and resource protection and development projects in southern West Virginia, including projects for waste water treatment and related lacilities, water supply, storage, treatment, and distribution facilities, and surface water resource protection and development. (b) PUBLIC OWNERSHIP REQUIREMENT. — The Secretary may provide assistance for a project under this section only if the project is publicly owned. (c) LOCAL COOPERATION AGREEMENTS. — (1) IN GENERAL.—Before providing assistance under this Act, 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 such 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 facili- '" ties or resource protection and development plan, including appropriate engineering plans and specifications. (B) LEGAL AND INSTITUTIONAL STRUCTURES. — Establishment of each such legal and institutional structures as are necessary to assure the effective long-term operation of the project by the non-Federal interest. (3) COST-SHARING.—Total project costs under each local cooperation agreement entered into under this subsection shall be shared at 75 percent Federal and 25 percent non-Federal. The non-Federal interest shall receive credit for lands, easements, rights-of-way, and relocations toward its share of project costs but not to exceed 25 percent of total project costs. Operation and maintenance costs shall be 100 percent non-Federal. (d) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.— Nothing in this section shall be construed as waiving, limiting, or otherwise affecting the applicability of any provision of Federal or State law which would otherwise apply to a project to be carried out with assistance provided under this section. (e) REPORT.—Not later than December 31, 1998, the Secretary shall transmit to Congress a report on the results of the pilot program carried out under this section, together with recommendations concerning whether or not such program should be implemented on a national basis. (f) SOUTHERN WEST VIRGINIA DEFINED.— For purposes of this section, the term "Southern West Virginia" means Raleigh, Wayne, Cabell, Fayette, Lincoln, Summers, Wyoming, Webster, Mingo, McDowell, Logan, Boone, Mercer, Pocahontas, Greenbrier, and Monroe Counties, West Virginia. (g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000 for fiscal years beginning after September 30, 1992. Such sums shall remain avidlable until expended.
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