113 STAT. 382 PUBLIC LAW 106-53—AUG. 17, 1999 (4) environmental restoration; and (5) surface water resource 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) PROJECT COOPERATION AGREEMENTS.— (1) IN GENERAL.—Before providing assistance under this section, the Secretary shall enter into a project cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistsuice. (2) REQUIREMENTS.— Each project 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 development plan or resource protection plan, including appropriate 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 project cooperation agreement entered into under this subsection shall be 75 percent. The Federed 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 project cooperation agreement with the Secretary. (C) CREDIT FOR CERTAIN FINANCING COSTS. —In case of a delay in the reimbursement of the non-Federal share of the costs of a project, the non-Federed interest shall receive credit for reasonable interest and other associated finsuicing costs necessary for the non-Federal interest to provide the non-Federal share of the project costs. (D) LAND, EASEMENTS, RIGHTS-OF-WAY, AND RELOCA- TIONS. — The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including costs associated with obtaining permits necessary for the placement 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 under an agreement entered into under this subsection shall be 100 percent. (e) 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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