H. R. 2419—10
Law 106–554; 114 Stat. 2763A–220), is further amended by adding 
at the end the following: 
‘‘(72) ALPINE, CALIFORNIA.—$10,000,000 is authorized for 
a water transmission main, Alpine, CA.’’. 
SEC. 121. (a) The Secretary of the Army may carry out and 
fund projects to comply with the 2003 Biological Opinion described 
in section 205(b) of the Energy and Water Development Appropria-
tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) as amended 
by subsection (b) and may award grants and enter into contracts, 
cooperative agreements, or interagency agreements with partici-
pants in the Endangered Species Act Collaborative Program 
Workgroup referenced in section 209(a) of the Energy and Water 
Development Appropriations Act, 2004 (Public Law 108–137; 117 
Stat. 1850) in order to carry out such projects. Any project under-
taken under this subsection shall require a non-Federal cost share 
of 25 percent, which may be provided through in-kind services 
or direct cash contributions and which shall be credited on a pro-
grammatic basis instead of on a project-by-project basis, with rec-
onciliation of total project costs and total non-Federal cost share 
calculated on a three year incremental basis. Non-Federal cost 
share that exceeds that which is required in any calculated three 
year increment shall be credited to subsequent three year incre-
ments. 
(b) Section 205(b) of Public Law 108–447 (118 Stat. 2949) 
is amended by adding ‘‘and any amendments thereto’’ after the 
word ‘‘2003’’. 
SEC. 122. BLUESTONE, WEST VIRGINIA. Section 547 of the Water 
Resources Development Act of 2000 (114 Stat. 2676) is amended—
(1) in subsection (b)(1)(A) by striking ‘‘4 years’’ and 
inserting ‘‘5 years’’; 
(2) in subsection (b)(1)(B)(iii) by striking ‘‘if all’’ and all 
that follows through ‘‘facility’’ and inserting ‘‘assurance project’’; 
(3) in subsection (b)(1)(C) by striking ‘‘and construction’’ 
and inserting ‘‘, construction, and operation and maintenance’’; 
(4) by adding at the end of subsection (b) the following: 
‘‘(3) OPERATION
AND
OWNERSHIP.—The Tri-Cities Power 
Authority shall be the owner and operator of the hydropower 
facilities referred to in subsection (a).’’; 
(5) in subsection (c)(1)—
(A) by striking ‘‘No’’ and inserting ‘‘Unless otherwise 
provided, no’’; 
(B) by inserting ‘‘planning,’’ before ‘‘design’’; and 
(C) by striking ‘‘prior to’’ and all that follows through 
‘‘subsection (d)’’; 
(6) in subsection (c)(2) by striking ‘‘design’’ and inserting 
‘‘planning, design,’’; 
(7) in subsection (d)—
(A) by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) APPROVAL.—The Secretary shall review the design and 
construction activities for all features of the hydroelectric 
project that pertain to and affect stability of the dam and 
control the release of water from Bluestone Dam to ensure 
that the quality of construction of those features meets all 
standards established for similar facilities constructed by the 
Secretary.’’; 
(B) by redesignating paragraph (3) as paragraph (2);
H. R. 2419—11
(C) by striking the period at the end of paragraph 
(2) (as so redesignated) and inserting ‘‘, except that hydro-
electric power is no longer a project purpose of the facility 
so long as Tri-Cities Power Authority continues to exercise 
its responsibilities as the builder, owner, and operator of 
the hydropower facilities at Bluestone Dam. Water flow 
releases and flood control from the hydropower facilities 
shall be determined and directed by the Corps of Engi-
neers.’’; and 
(D) by adding at the end the following: 
‘‘(3) COORDINATION.—Construction of the hydroelectric 
generating facilities shall be coordinated with the dam safety 
assurance project currently in the design and construction 
phases.’’; 
(8) in subsection (e) by striking ‘‘in accordance’’ and all 
that follows through ‘‘58 Stat. 890)’’; 
(9) in subsection (f)—
(A) by striking ‘‘facility of the interconnected systems 
of reservoirs operated by the Secretary’’ each place it 
appears and inserting ‘‘facilities under construction under 
such agreements’’; and 
(B) by striking ‘‘design’’ and inserting ‘‘planning, 
design’’; 
(10) in subsection (f)(2)—
(A) by ‘‘Secretary’’ each place it appears and inserting 
‘‘Tri-Cities Power Authority’’; and 
(B) by striking ‘‘facilities referred to in subsection (a)’’ 
and inserting ‘‘such facilities’’; 
(11) by striking paragraph (1) of subsection (g) and 
inserting the following: 
‘‘(1) to arrange for the transmission of power to the market 
or to construct such transmission facilities as necessary to 
market the power produced at the facilities referred to in sub-
section (a) with funds contributed by the Tri-Cities Power 
Authority; and’’; 
(12) in subsection (g)(2) by striking ‘‘such facilities’’ and 
all that follows through ‘‘the Secretary’’ and inserting ‘‘the 
generating facility’’; and 
(13) by adding at the end the following: 
‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In this section, 
the ‘Tri-Cities Power Authority’ refers to the entity established 
by the City of Hinton, West Virginia, the City of White Sulphur 
Springs, West Virginia, and the City of Philippi, West Virginia, 
pursuant to a document entitled ‘Second Amended and Restated 
Intergovernmental Agreement’ approved by the Attorney General 
of West Virginia on February 14, 2002.’’. 
SEC. 123. (a) IN GENERAL.—
(1) After the date of enactment of this Act, the Secretary 
of the Army shall carry out the project for wastewater infra-
structure, DeSoto County, Mississippi, authorized by section 
219(f)(30) of Public Law 102–580, as amended, in accordance 
with the provisions of this subsection. 
(2) The non-Federal interest shall be primarily responsible 
for carrying out work on the project referred to in paragraph 
(1) that is not covered by the Project Cooperation Agreement 
executed on May 13, 2002 or any amendments thereto, 
including work associated with the design, construction,
H. R. 2419—12
management, and administration of the project. The non-Fed-
eral interest may carry out work on the project subject to 
obtaining any permits required pursuant to Federal and State 
laws and subject to general supervision and administrative 
oversight by the Secretary of the Army. 
(3) The Federal share of project costs incurred by the 
non-Federal interest in carrying out work on the project as 
provided for in paragraph (2) shall equal 75 percent of the 
total cost of the work and shall be in the form of grants 
or reimbursements, except that the total amount of Federal 
funds available for the project, including that portion of the 
project carried out as provided for in paragraph (2), may not 
exceed $55,000,000. 
(b) TECHNICAL AMENDMENT.—Section 6006 of the Emergency 
Supplemental Appropriations Act, 2005 (119 Stat. 282) is amended 
by striking ‘‘between May 13, 2002, and September 30, 2005’’ and 
inserting ‘‘after May 13, 2002’’ in lieu thereof. 
SEC. 124. The project for flood control, Las Vegas Wash and 
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized 
by section 101(13) of Public Law 102–580 and modified by Public 
Law 108–7 (H.J. Res. 2) Consolidated Appropriations Resolution, 
2003, section 107 is further modified to provide that the costs 
incurred for design and construction of the project channel crossings 
in the reach of the channels from Shelbourne Avenue proceeding 
north along the alignment of Durango Drive and continuing east 
along the Southern Beltway to Martin Avenue shall be added to 
the authorized cost of the project and such costs shall be cost 
shared and shall not be considered part of the non-Federal sponsor’s 
responsibility to provide lands, easements, and rights-of-way, and 
to perform relocations for the project. 
SEC. 125. RESTORATION OF THE LAKE MICHIGAN WATERFRONT 
AND RELATED AREAS, LAKE AND PORTER COUNTIES, INDIANA.—The 
Secretary of the Army, acting through the Chief of Engineers is 
authorized and directed to carry out a continuing program for 
the restoration of the Lake Michigan Waterfront and Related Areas, 
Lake and Porter Counties, Indiana. 
(1) DEFINITIONS.—
(A) Related areas are defined as adjacent or close sites 
that have an impact or influence on the waterfront areas 
or aquatic habitat. 
(B) Restore is defined as—
(i) activities that improve a site’s ecosystem func-
tion, structure, and dynamic processes to a less 
degraded and more natural condition, and/or 
(ii) the management of contaminants that allow 
the site to be safely used for ecological and/or economic 
purposes. 
(2) JUSTIFICATION.—Projects can be justified by ecosystem 
benefits, clean-up of contaminated sites, public health, safety, 
economic benefits or any combination of these. Sites restored 
for economic purposes can be redeveloped by others. Restoration 
sites may include compatible recreation facilities that do not 
diminish the restoration purpose and do not increase the Fed-
eral cost share by more than 10 percent. 
(3) COST SHARING.—The construction of projects are cost 
shared at 65 percent Federal and 35 percent non-Federal except 
when there is a demonstration of innovative technology. The
H. R. 2419—13
cost share is then 85 percent Federal and 15 percent non-
Federal. 
(4) CREDIT.—
(A) The Secretary shall credit the non-Federal interest 
for the value of any lands, easements, rights-of-way, reloca-
tions, excavated and/or dredged material disposal areas 
required for carrying out a project. When the cost of the 
provision of all lands, easements, rights-of-way, relocations, 
excavated and/or dredged material disposal areas exceeds 
the non-Federal share, as identified in paragraph (3), the 
non-Federal interest may waive any right under Federal 
cost-sharing policy to receive cash reimbursement for any 
such value in excess of the non-Federal share as identified 
in paragraph (3). 
(B) The non-Federal interest may provide up to 100 
percent of the non-Federal share required under paragraph 
(3) in the form of services, materials, supplies, or other 
in-kind contributions including monies paid pursuant to, 
or the value of any in-kind service performed under, an 
administrative order on consent or jurisdictional consent 
decree but may not include any monies paid pursuant 
to, or the value of any in-kind service performed under, 
a unilateral administrative order or court order. 
(C) The total of non-Federal credit for services, mate-
rials, supplies, or other in-kind contributions when com-
bined with lands, easements, rights-of-way, relocations, 
excavated and/or dredged material disposal areas shall not 
exceed the non-Federal share identified in paragraph (3). 
(5) OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND 
REHABILITATION.—Operation, maintenance, repair, replacement 
and rehabilitation is 100 percent non-Federal cost. 
(6) HOLD HARMLESS.—Non-Federal interests hold and save 
harmless the United States free from claims or damages due 
to implementation of the project except for negligence of the 
government. 
(7) AUTHORIZED APPROPRIATIONS.—There is authorized to 
be appropriated to carry out this program $20,000,000 for each 
fiscal year. 
SEC. 126. CHESAPEAKE BAY OYSTER RESTORATION, MARYLAND 
AND VIRGINIA.—The second sentence of section 704(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended 
by striking ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’. 
SEC. 127. The project for flood control, Little Calumet River, 
Indiana, authorized by section 401(a) of Public Law 99–662 (100 
Stat. 4115) is modified to authorize the Secretary of the Army 
to complete the project in accordance with the post authorization 
change report dated August 2000 at a total cost of $198,000,000 
with an estimated Federal cost of $148,500,000 and an estimated 
non-Federal cost of $49,500,000. 
SEC. 128. AMERICAN RIVER WATERSHED, CALIFORNIA (FOLSOM 
DAM AND PERMANENT BRIDGE).—(a) COORDINATION OF FLOOD DAM-
AGE REDUCTION AND DAM SAFETY.—The Secretary of the Army 
and the Secretary of the Interior are directed to collaborate on 
authorized activities to maximize flood damage reduction improve-
ments and address dam safety needs at Folsom Dam and Reservoir, 
California. The Secretaries shall expedite technical reviews for flood 
damage reduction and dam safety improvements. In developing