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(4) CASH EQUALIZATION PAYMENT.—If the ap-
praised fair market value, as determined by the Sec-
retary, of the Federal land exceeds the appraised fair
market value, as determined by the Secretary, of the
non-Federal land, S.S.S., Inc., shall make a cash
equalization payment to the United States.
(5) DEADLINE.—The land exchange under sub-
section (b) shall be completed not later than 2 years
after the date of enactment of this Act.
SEC. 3069. L–15 LEVEE, MISSOURI.
The portion of the L–15 levee system that is under the
jurisdiction of the Consolidated North County Levee Dis-
trict and situated along the right descending bank of the
Mississippi River from the confluence of that river with the
Missouri River and running upstream approximately 14
miles shall be considered to be a Federal levee for purposes
of cost sharing under section 5 of the Act of August 18,
1941 (33 U.S.C. 701n).
SEC. 3070. UNION LAKE, MISSOURI.
(a) IN GENERAL.—The Secretary shall offer to convey
to the State of Missouri, before January 31, 2006, all right,
title, and interest in and to approximately 205.50 acres of
land described in subsection (b) purchased for the Union
Lake Project that was deauthorized as of January 1, 1990
(55 Fed. Reg. 40906), in accordance with section 1001 of
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the Water Resources Development Act of 1986 (33 U.S.C.
579a(a)).
(b) LAND DESCRIPTION.—The land referred to in sub-
section (a) is described as follows:
(1) TRACT
500.—A tract of land situated in
Franklin County, Missouri, being part of the SW1⁄4
of sec. 7, and the NW1⁄4 of the SW1⁄4 of sec. 8, T. 42
N., R. 2 W. of the fifth principal meridian, consisting
of approximately 112.50 acres.
(2) TRACT
605.—A tract of land situated in
Franklin County, Missouri, being part of the N1⁄2 of
the NE, and part of the SE of the NE of sec. 18, T.
42 N., R. 2 W. of the fifth principal meridian, con-
sisting of approximately 93.00 acres.
(c) CONVEYANCE.—On acceptance by the State of Mis-
souri of the offer by the Secretary under subsection (a), the
land described in subsection (b) shall immediately be con-
veyed, in its current condition, by Secretary to the State
of Missouri.
SEC. 3071. FORT PECK FISH HATCHERY, MONTANA.
Section 325(f)(1)(A) of the Water Resources Develop-
ment Act of 2000 (114 Stat. 2607) is amended by striking
‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’.
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SEC. 3072. LOWER YELLOWSTONE PROJECT, MONTANA.
The Secretary may use funds appropriated to carry
out the Missouri River recovery and mitigation program
to assist the Bureau of Reclamation in the design and con-
struction of the Lower Yellowstone project of the Bureau,
Intake, Montana, for the purpose of ecosystem restoration.
SEC. 3073. YELLOWSTONE RIVER AND TRIBUTARIES, MON-
TANA AND NORTH DAKOTA.
(a) DEFINITION OF RESTORATION PROJECT.—In this
section, the term ‘‘restoration project’’ means a project that
will produce, in accordance with other Federal programs,
projects, and activities, substantial ecosystem restoration
and related benefits, as determined by the Secretary.
(b) PROJECTS.—The Secretary shall carry out, in ac-
cordance with other Federal programs, projects, and activi-
ties, restoration projects in the watershed of the Yellowstone
River and tributaries in Montana, and in North Dakota,
to produce immediate and substantial ecosystem restoration
and recreation benefits.
(c) LOCAL PARTICIPATION.—In carrying out sub-
section (b), the Secretary shall—
(1) consult with, and consider the activities
being carried out by—
(A) other Federal agencies;
(B) Indian tribes;
(C) conservation districts; and
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(D) the Yellowstone River Conservation Dis-
trict Council; and
(2) seek the full participation of the State of
Montana.
(d) COST SHARING.—Before carrying out any restora-
tion project under this section, the Secretary shall enter into
an agreement with the non-Federal interest for the restora-
tion project under which the non-Federal interest shall
agree—
(1) to provide 35 percent of the total cost of the
restoration project, including necessary land, ease-
ments, rights-of-way, relocations, and disposal sites;
(2) to pay the non-Federal share of the cost of
feasibility studies and design during construction fol-
lowing execution of a project cooperation agreement;
(3) to pay 100 percent of the operation, mainte-
nance, repair, replacement, and rehabilitation costs
incurred after the date of enactment of this Act that
are associated with the restoration project; and
(4) to hold the United States harmless for any
claim of damage that arises from the negligence of the
Federal Government or a contractor of the Federal
Government in carrying out the restoration project.
(e) FORM OF NON-FEDERAL SHARE.—Not more than
50 percent of the non-Federal share of the cost of a restora-
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tion project carried out under this section may be provided
in the form of in-kind credit for work performed during
construction of the restoration project.
(f) NON-FEDERAL INTERESTS.—Notwithstanding sec-
tion 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–
5b), with the consent of the applicable local government, a
nonprofit entity may be a non-Federal interest for a res-
toration project carried out under this section.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$30,000,000.
SEC. 3074. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NE-
VADA.
The maximum amount of Federal funds that may be
expended for the project being carried out, as of the date
of enactment of this Act, under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a) for
environmental restoration of McCarran Ranch, Nevada,
shall be $5,775,000.
SEC. 3075. MIDDLE RIO GRANDE RESTORATION, NEW MEX-
ICO.
(a) RESTORATION PROJECTS.—
(1) DEFINITION.—The term ‘‘restoration project’’
means a project that will produce, consistent with
other Federal programs, projects, and activities, im-
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mediate and substantial ecosystem restoration and
recreation benefits.
(2) PROJECTS.—The Secretary shall carry out
restoration projects in the Middle Rio Grande from
Cochiti Dam to the headwaters of Elephant Butte
Reservoir, in the State of New Mexico.
(b) PROJECT SELECTION.—The Secretary shall select
restoration projects in the Middle Rio Grande.
(c) LOCAL PARTICIPATION.—In carrying out sub-
section (b), the Secretary shall consult with, and consider
the activities being carried out by—
(1) the Middle Rio Grande Endangered Species
Act Collaborative Program; and
(2) the Bosque Improvement Group of the Middle
Rio Grande Bosque Initiative.
(d) COST SHARING.—Before carrying out any restora-
tion project under this section, the Secretary shall enter into
an agreement with non-Federal interests that requires the
non-Federal interests to—
(1) provide 35 percent of the total cost of the res-
toration projects including provisions for necessary
lands, easements, rights-of-way, relocations, and dis-
posal sites;
(2) pay 100 percent of the operation, mainte-
nance, repair, replacement, and rehabilitation costs