H. R. 2754—12
(ii) may be provided—
(I) in cash; or
(II) in kind, with credit accorded to the non-
Federal sponsor for provision of all necessary serv-
ices, replacement facilities, replacement land (not
to exceed 4 acres), easements, and rights-of-way
acceptable to the Secretary and the non-Federal
sponsor.
(B) INTERPRETIVE EXHIBITS.—In addition to the non-
Federal share described in subparagraph (A), the non-Fed-
eral sponsor shall fund, operate, and maintain all
interpretative exhibits under the project.
SEC. 125. FLOOD DAMAGE REDUCTION, MILL CREEK, CINCINNATI,
OHIO. The Secretary of the Army is directed to complete the General
Reevaluation Report on the Mill Creek, Ohio, project within 15
months of enactment of this Act at 100 percent Federal cost. The
report shall provide plans for flood damage reduction throughout
the basin equivalent to and commensurate with that afforded by
the authorized, partially implemented, Mill Creek, Ohio, Flood
Damage Reduction Project, as authorized in section 201 of the
Flood Control Act of 1970 (Public Law 91–611).
SEC. 126. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.
Section 219(f)(25) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A–220) is amended—
(1) by striking ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’;
and
(2) by inserting ‘‘wastewater treatment and’’ before ‘‘water
supply’’.
SEC. 127. Section 219(f) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 Stat. 2763A–
220–221) is amended by adding at the end the following:
‘‘CHARLESTON, SOUTH CAROLINA.—$5,000,000 for wastewater infra-
structure, including wastewater collection systems, Charleston,
South Carolina.’’.
SEC. 128. AMERICAN RIVER WATERSHED, CALIFORNIA. (a) IN
GENERAL.—The Secretary of the Army is authorized to carry out
the project for flood damage reduction and environmental restora-
tion, American River Watershed, California, substantially in accord-
ance with the plans, and subject to the conditions, described in
the Report of the Chief of Engineers dated November 5, 2002,
at a total cost of $257,300,000, with an estimated Federal cost
of $201,200,000 and an estimated non-Federal cost of $56,100,000;
except that the Secretary is authorized to accept funds from State
and local governments and other Federal agencies for the purpose
of constructing a permanent bridge instead of the temporary bridge
described in the recommended plan and may construct such perma-
nent bridge if all additional costs for such bridge, above the
$36,000,000 provided for in the recommended plan for bridge
construction, are provided by such governments or agencies.
(b) EXPEDITING BRIDGE DESIGN AND CONSTRUCTION.—The Sec-
retary, in cooperation with appropriate non-Federal interests, shall
immediately commence appropriate studies for, and the design of,
a permanent bridge (including an evaluation of potential impacts
of bridge construction on traffic patterns and identification of alter-
natives for mitigating such impacts) and, upon execution of a cost-
sharing agreement with such non-Federal interests, shall proceed
to construction of the bridge as soon as practicable; except that
H. R. 2754—13
such studies, design, and construction shall not adversely affect
the schedule of design or construction of authorized projects for
flood damage reduction.
SEC. 129. AMERICAN
AND SACRAMENTO RIVERS, CALIFORNIA.
The project for flood damage reduction, American and Sacramento
Rivers, California, authorized by section 101(a)(1) of the Water
Resources Development Act of 1996 (110 Stat. 3662–3663) and
modified by section 366 of the Water Resources Development Act
of 1999 (113 Stat. 319–320), is further modified to direct the Sec-
retary to carry out the project, at a total cost of $205,000,000.
SEC. 130. PLACER AND EL DORADO COUNTIES, CALIFORNIA. (a)
ESTABLISHMENT OF PROGRAM.—The Secretary of the Army may
establish a program to provide environmental assistance to non-
Federal interests in Placer and El Dorado Counties, California.
(b) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of design and construction assistance to improve
the efficiency and use of existing water supplies in Placer and
El Dorado Counties through water and wastewater projects, pro-
grams, and infrastructure.
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each partnership agreement entered
into under this subsection shall provide for the following:
(A) PLAN.—Development by the Secretary, in consulta-
tion 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.—Establish-
ment of such legal and institutional structures as are nec-
essary 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 the project
costs under each partnership 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 WORK.—The non-Federal interests shall
receive credit for the reasonable cost of design work on
a project completed by the non-Federal interest before
entering into a partnership agreement with the Secretary
for such project.
(C) CREDIT FOR INTEREST.—In case of a delay in the
funding of the non-Federal share of a project that is the
subject of an agreement under this section, the non-Federal
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-Federal interest shall receive credit for land, ease-
ments, rights-of-way, and relocations toward the non-Fed-
eral share of project costs (including all reasonable costs
H. R. 2754—14
associated with obtaining permits necessary for the
construction, operation, and maintenance 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 con-
structed with assistance provided under this section 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.
(f) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project
undertaken under this section, a non-Federal interest may include
a nonprofit entity with the consent of the affected local government.
(g) CORPS
OF
ENGINEERS
EXPENSES.—Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer projects under
this section at 100 percent Federal expense.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $40,000,000. Such
sums shall remain available until expended.
SEC. 131. SACRAMENTO AREA, CALIFORNIA. Section 219(f)(23)
of the Water Resources Development Act of 1992 (106 Stat. 4835–
4836; 113 Stat. 336) is amended by striking ‘‘$25,000,000’’ and
inserting ‘‘$35,000,000’’.
SEC. 132. UPPER KLAMATH BASIN, CALIFORNIA. (a) DEFINITION
OF UPPER KLAMATH BASIN.—In this section, the term ‘‘Upper
Klamath Basin’’ means the counties of Klamath, Oregon, and
Siskiyou and Modoc, California.
(b) ESTABLISHMENT OF PROGRAM.—The Secretary of the Army
may establish a program to provide environmental assistance to
non-Federal interests in the Upper Klamath Basin.
(c) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of design and construction assistance to improve
the efficiency and use of existing water supplies in the Upper
Klamath Basin through water and wastewater and ecosystem res-
toration projects, programs, and infrastructure.
(d) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each partnership agreement entered
into under this subsection shall provide for the following:
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State officials, of a facili-
ties or resource protection and development plan, including
appropriate engineering plans and specifications.
H. R. 2754—15
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary 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 the project
costs under each partnership 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 WORK.—The non-Federal interests shall
receive credit for the reasonable cost of design work on
a project completed by the non-Federal interest before
entering into a partnership agreement with the Secretary
for such project.
(C) CREDIT FOR INTEREST.—In case of a delay in the
funding of the non-Federal share of a project that is the
subject of an agreement under this section, the non-Federal
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-Federal interest shall receive credit for land, ease-
ments, rights-of-way, and relocations toward the non-Fed-
eral share of project costs (including all reasonable costs
associated with obtaining permits necessary for the
construction, operation, and maintenance 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 con-
structed with assistance provided under this section shall
be 100 percent.
(f) 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.
(g) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any
project undertaken under this section, a non-Federal interest may
include a nonprofit entity with the consent of the affected local
government.
(h) CORPS
OF
ENGINEERS
EXPENSES.—Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer projects under
this section at 100 percent Federal expense.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000. Such
sums shall remain available until expended.
SEC. 133. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS. Sec-
tion 219(f) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335–337; 114 Stat. 2763A–220–221) is
amended by adding at the end the following:
‘‘(71) PLACER
AND
EL
DORADO
COUNTIES, CALIFORNIA.—
$35,000,000 to improve the efficiency and use of existing water
supplies in Placer and El Dorado Counties, California, through
water and wastewater projects, programs, and infrastructure.