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‘‘(3) To the adjacent land owners, or to an entity
created by or designated by 1 or more of the adjacent
landowners that is eligible to hold title to real prop-
erty, the title of the United States in and to all or
portions of that part of the Canal Property that are
located within the boundaries of the city in which the
adjacent land owners reside.
‘‘(b) REQUIREMENTS.—
‘‘(1) RESERVATIONS.—The Secretary may re-
serve and retain from any conveyance under this sec-
tion a right-of-way or other rights as the Secretary
determines to be necessary for the operation and
maintenance of the authorized Federal channel in the
Canal Property.
‘‘(2) COST.—The conveyances under this section,
and the processes involved in the conveyances, shall be
at no cost to the United States, except for administra-
tive costs.
‘‘(c) ANNUAL REPORTS.—Until the date on which each
conveyance described in subsection (a) is complete, the Sec-
retary shall submit, by not later than 60 days after the end
of each fiscal year, to the Committee on Environment and
Public Works of the Senate and Committee on Transpor-
tation and Infrastructure of the House of Representatives
an annual report that describes the efforts of the Secretary
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to complete the conveyances during the preceding fiscal
year.’’.
SEC. 5007. STOCKTON, CALIFORNIA.
(a) IN GENERAL.—Unless the Secretary determines, by
not later than 30 days after the date of enactment of this
Act, that the relocation of the project described in subsection
(b) would be injurious to the public interest, a non-Federal
interest may reconstruct and relocate that project approxi-
mately 300 feet in a westerly direction.
(b) PROJECT DESCRIPTION.—
(1) IN GENERAL.—The project referred to in sub-
section (a) is the project for flood control, Calaveras
River and Littlejohn Creek and tributaries, Cali-
fornia, authorized by section 10 of the Act of Decem-
ber 22, 1944 (commonly known as the ‘‘Flood Control
Act of 1944’’) (58 Stat. 902).
(2) SPECIFIC DESCRIPTION.—The portion of the
project to be reconstructed and relocated is that por-
tion consisting of approximately 5.34 acres of dry
land levee beginning at a point N. 2203542.3167, E.
6310930.1385, thence running west about 59.99 feet to
a point N. 2203544.6562, E. 6310870.1468, thence
running south about 3,874.99 feet to a point N.
2199669.8760, E. 6310861.7956, thence running east
about 60.00 feet to a point N. 2199668.8026, E.
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6310921.7900, thence running north about 3,873.73
feet to the point of origin.
(c) COST SHARING.—The non-Federal share of the cost
of reconstructing and relocating the project described in
subsection (b) shall be 100 percent.
SEC. 5008. RIO GRANDE ENVIRONMENTAL MANAGEMENT
PROGRAM, COLORADO, NEW MEXICO, AND
TEXAS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Rio Grande Environmental Management Act of 2007’’.
(b) DEFINITIONS.—In this section:
(1) RIO
GRANDE
COMPACT.—The term ‘‘Rio
Grande Compact’’ means the compact approved by
Congress under the Act of May 31, 1939 (53 Stat.
785, chapter 155), and ratified by the States.
(2) RIO GRANDE BASIN.—The term ‘‘Rio Grande
Basin’’ means the Rio Grande (including all tribu-
taries and their headwaters) located—
(A) in the State of Colorado, from the Rio
Grande Reservoir, near Creede, Colorado, to the
New Mexico State border;
(B) in the State of New Mexico, from the
Colorado State border downstream to the Texas
State border; and
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(C) in the State of Texas, from the New
Mexico State border to the southern terminus of
the Rio Grande at the Gulf of Mexico.
(3) STATES.—The term ‘‘States’’ means the
States of Colorado, New Mexico, and Texas.
(c) PROGRAM AUTHORITY.—The Secretary shall carry
out, in the Rio Grande Basin—
(1) a program for the planning, construction,
and evaluation of measures for fish and wildlife habi-
tat rehabilitation and enhancement; and
(2) implementation of a long-term monitoring,
computerized data inventory and analysis, applied
research, and adaptive management program.
(d) STATE AND LOCAL CONSULTATION AND COOPERA-
TIVE EFFORT.—For the purpose of ensuring the coordinated
planning and implementation of the programs described in
subsection (c), the Secretary shall consult with the States
and other appropriate entities in the States the rights and
interests of which might be affected by specific program ac-
tivities.
(e) COST SHARING.—
(1) IN GENERAL.—
(A) PROJECTS ON FEDERAL LAND.—Each
project under this section located on Federal
land shall be carried out at full Federal expense.
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(B) OTHER
PROJECTS.—For each project
under subsection (c)(1) located on non-Federal
land, the non-Federal share of the cost of the
project—
(i) shall be 35 percent;
(ii) may be provided through in-kind
services or direct cash contributions; and
(iii) shall include the provision of nec-
essary land, easements, relocations, and dis-
posal sites.
(f) NONPROFIT ENTITIES.—Notwithstanding section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–
5b), with the consent of the affected local government, a non-
profit entity may be included as a non-Federal interest for
any project carried out under subsection (c)(1).
(g) EFFECT ON OTHER LAW.—
(1) WATER LAW.—Nothing in this section pre-
empts any State water law.
(2) COMPACTS AND DECREES.—In carrying out
this section, the Secretary shall comply with the Rio
Grande Compact, and any applicable court decrees or
Federal and State laws, affecting water or water
rights in the Rio Grande Basin.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry out
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this section $15,000,000 for each of fiscal years 2008
through 2011.
SEC. 5009. DELMARVA CONSERVATION CORRIDOR, DELA-
WARE AND MARYLAND.
(a) ASSISTANCE.—The Secretary may provide tech-
nical assistance to the Secretary of Agriculture for use in
carrying out the Conservation Corridor Demonstration Pro-
gram established under subtitle G of title II of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; 116 Stat. 275).
(b) COORDINATION AND INTEGRATION.—In carrying
out water resources projects in the States on the Delmarva
Peninsula, the Secretary shall coordinate and integrate
those projects, to the maximum extent practicable, with any
activities carried out to implement a conservation corridor
plan approved by the Secretary of Agriculture under section
2602 of the Farm Security and Rural Investment Act of
2002 (16 U.S.C. 3801 note; 116 Stat. 275).
SEC. 5010. SUSQUEHANNA, DELAWARE, AND POTOMAC
RIVER BASINS, DELAWARE, MARYLAND, PENN-
SYLVANIA, AND VIRGINIA.
(a) EX OFFICIO MEMBER.—Notwithstanding section
3001(a) of the 1997 Emergency Supplemental Appropria-
tions Act for Recovery From Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia
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(111 Stat. 176) and sections 2.2 of the Susquehanna River
Basin Compact (Public Law 91–575) and the Delaware
River Basin Compact (Public Law 87–328), beginning in
fiscal year 2002, and each fiscal year thereafter, the Divi-
sion Engineer, North Atlantic Division, Corps of
Engineers—
(1) shall be—
(A) the ex officio United States member
under the Susquehanna River Basin Compact
and the Delaware River Basin Compact; and
(B) 1 of the 3 members appointed by the
President under the Potomac River Basin Com-
pact;
(2) shall serve without additional compensation;
and
(3) may designate an alternate member in ac-
cordance with the terms of those compacts.
(b) AUTHORIZATION TO ALLOCATE.—The Secretary
shall allocate funds to the Susquehanna River Basin Com-
mission, Delaware River Basin Commission, and the Inter-
state Commission on the Potomac River Basin (Potomac
River Basin Compact (Public Law 91–407)) to fulfill the
equitable funding requirements of the respective interstate
compacts.
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(c) WATER SUPPLY
AND CONSERVATION STORAGE,
DELAWARE RIVER BASIN.—
(1) IN GENERAL.—The Secretary shall enter into
an agreement with the Delaware River Basin Com-
mission to provide temporary water supply and con-
servation storage at the Francis E. Walter Dam,
Pennsylvania, for any period during which the Com-
mission has determined that a drought warning or
drought emergency exists.
(2) LIMITATION.—The agreement shall provide
that the cost for water supply and conservation stor-
age under paragraph (1) shall not exceed the incre-
mental operating costs associated with providing the
storage.
(d) WATER SUPPLY AND CONSERVATION STORAGE,
SUSQUEHANNA RIVER BASIN.—
(1) IN GENERAL.—The Secretary shall enter into
an agreement with the Susquehanna River Basin
Commission to provide temporary water supply and
conservation storage at Federal facilities operated by
the Corps of Engineers in the Susquehanna River
Basin, during any period in which the Commission
has determined that a drought warning or drought
emergency exists.
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(2) LIMITATION.—The agreement shall provide
that the cost for water supply and conservation stor-
age under paragraph (1) shall not exceed the incre-
mental operating costs associated with providing the
storage.
(e) WATER SUPPLY AND CONSERVATION STORAGE, PO-
TOMAC RIVER BASIN.—
(1) IN GENERAL.—The Secretary shall enter into
an agreement with the Interstate Commission on the
Potomac River Basin to provide temporary water
supply and conservation storage at Federal facilities
operated by the Corps of Engineers in the Potomac
River Basin for any period during which the Com-
mission has determined that a drought warning or
drought emergency exists.
(2) LIMITATION.—The agreement shall provide
that the cost for water supply and conservation stor-
age under paragraph (1) shall not exceed the incre-
mental operating costs associated with providing the
storage.
SEC. 5011. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND
MARYLAND.
(a) COMPREHENSIVE ACTION PLAN.—Not later than
2 years after the date of enactment of this Act, the Sec-
retary, in coordination with the Mayor of the District of
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Columbia, the Governor of Maryland, the county executives
of Montgomery County and Prince George’s County, Mary-
land, and other stakeholders, shall develop and make avail-
able to the public a 10-year comprehensive action plan to
provide for the restoration and protection of the ecological
integrity of the Anacostia River and its tributaries.
(b) PUBLIC AVAILABILITY.—On completion of the com-
prehensive action plan under subsection (a), the Secretary
shall make the plan available to the public.
SEC. 5012. BIG CREEK, GEORGIA, WATERSHED MANAGE-
MENT AND RESTORATION PROGRAM.
(a) IN GENERAL.—The Secretary, acting through the
Chief of Engineers, is authorized to cooperate with, by pro-
viding technical, planning, and construction assistance to,
the city of Roswell, Georgia, as local sponsor and coordi-
nator with other local governments in the Big Creek water-
shed, Georgia, to assess the quality and quantity of water
resources, conduct comprehensive watershed management
planning, develop and implement water efficiency tech-
nologies and programs, and plan, design, and construct
water resource facilities to restore the watershed.
(b) FEDERAL SHARE.—The Federal share of the cost
of the project under this section—
(1) shall be 65 percent; and
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(2) may be provided in any combination of cash
and in-kind services.
(c) AUTHORIZATION OF APPROPRIATIONS.—here is au-
thorized to be appropriated to the Secretary $5,000,000 to
carry out this section.
SEC. 5013. METROPOLITAN NORTH GEORGIA WATER PLAN-
NING DISTRICT.
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary
shall establish a program to provide environmental assist-
ance to non-Federal interests in the Metropolitan North
Georgia Water Planning District.
(b) FORM OF ASSISTANCE.—Assistance under this sec-
tion may be in the form of design and construction assist-
ance for water-related environmental infrastructure and re-
source protection and development projects in north Geor-
gia, including projects for wastewater treatment and related
facilities, elimination or control of combined sewer over-
flows, water supply and related facilities, environmental
restoration, and surface water resource protection and de-
velopment.
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion only if the project is publicly owned.
(d) LOCAL COOPERATION AGREEMENT.—
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(1) IN
GENERAL.—Before providing assistance
under this section, the Secretary shall enter into a
local cooperation agreement with a non-Federal inter-
est to provide for design and construction of the
project to be carried out with the 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 facilities or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional 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 local cooperation agree-
ment entered into under this subsection—
(i) shall be 75 percent; and
(ii) may be in the form of grants or re-
imbursements of project costs.
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(B) CREDIT FOR DESIGN WORK.—The non-
Federal interest shall receive credit, not to exceed
6 percent of the total construction costs of the
project, for the reasonable costs of design work
completed by the non-Federal interest before en-
tering into a local cooperation agreement with
the Secretary for a project.
(C) CREDIT FOR INTEREST.—In case of a
delay in the funding of the non-Federal share of
the costs of a project that is the subject of an
agreement under this section, the non-Federal in-
terest shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project costs.
(D) CREDIT FOR LAND, EASEMENTS, AND
RIGHTS-OF-WAY.—The non-Federal interest shall
receive credit for land, easements, rights-of-way,
and relocations toward the non-Federal share of
project costs (including all reasonable costs asso-
ciated 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
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costs for projects constructed with assistance pro-
vided 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) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000, to remain available until expended.
SEC. 5014. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO,
RURAL UTAH, AND WYOMING.
Section 595 of the Water Resources Development Act
of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117
Stat. 1836; 118 Stat. 440) is amended—
(1) in the section heading, by striking ‘‘AND
RURAL UTAH’’ and inserting ‘‘RURAL UTAH, AND
WYOMING’’;
(2) in subsections (b) and (c), by striking ‘‘and
rural Utah’’ each place it appears and inserting
‘‘rural Utah, and Wyoming’’; and
(3) by amending subsection (h) to read as fol-
lows:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section for
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the period beginning with fiscal year 2001 $150,000,000 for
rural Nevada, and $25,000,000 for each of Montana and
New Mexico, $55,000,000 for Idaho, $50,000,000 for rural
Utah, and $30,000,000 for Wyoming, to remain available
until expended.’’.
SEC. 5015. CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIERS PROJECT, ILLINOIS.
(a) TREATMENT AS SINGLE PROJECT.—The Chicago
Sanitary and Ship Canal Dispersal Barrier Project (Bar-
rier I) (as in existence on the date of enactment of this Act),
constructed as a demonstration project under section
1202(i)(3) of the Nonindigenous Aquatic Nuisance Preven-
tion and Control Act of 1990 (16 U.S.C. 4722(i)(3)), and
Barrier II, as authorized by section 345 of the District of
Columbia Appropriations Act, 2005 (Public Law 108–335;
118 Stat. 1352), shall be considered to constitute a single
project.
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Secretary, acting through
the Chief of Engineers, is authorized and directed, at
full Federal expense—
(A) to upgrade and make permanent Bar-
rier I;
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(B) to construct Barrier II, notwith-
standing the project cooperation agreement with
the State of Illinois dated June 14, 2005;
(C) to operate and maintain Barrier I and
Barrier II as a system to optimize effectiveness;
(D) to conduct, in consultation with appro-
priate Federal, State, local, and nongovern-
mental entities, a study of a full range of options
and technologies for reducing impacts of hazards
that may reduce the efficacy of the Barriers; and
(E) to provide to each State a credit in an
amount equal to the amount of funds contributed
by the State toward Barrier II.
(2) USE
OF
CREDIT.—A State may apply a
credit received under paragraph (1)(E) to any cost
sharing responsibility for an existing or future Fed-
eral project with the Corps of Engineers in the State.
(c) FEASIBILITY STUDY.—The Secretary, in consulta-
tion with appropriate Federal, State, local, and nongovern-
mental entities, shall conduct a feasibility study, at full
Federal expense, of the range of options and technologies
available to prevent the spread of aquatic nuisance species
between the Great Lakes and Mississippi River Basins and
through the Chicago Sanitary and Ship Canal and other
aquatic pathways.
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(d) CONFORMING AMENDMENTS.—
(1) NONINDIGENOUS
AQUATIC
NUISANCE
PRE-
VENTION AND CONTROL.—Section 1202(i)(3)(C) of the
Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is
amended by striking ‘‘, to carry out this paragraph,
$750,000’’ and inserting ‘‘such sums as are necessary
to carry out the dispersal barrier demonstration
project under this paragraph’’.
(2) BARRIER II AUTHORIZATION.—Section 345 of
the District of Columbia Appropriations Act, 2005
(Public Law 108–335; 118 Stat. 1352), is amended to
read as follows:
‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL
BARRIER, ILLINOIS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out the Barrier II project of the
project for the Chicago Sanitary and Ship Canal Dispersal
Barrier, Illinois, initiated pursuant to section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C. 2294
note; 100 Stat. 4251).’’.
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SEC. 5016. MISSOURI RIVER AND TRIBUTARIES, MITIGA-
TION, RECOVERY AND RESTORATION, IOWA,
KANSAS, MISSOURI, MONTANA, NEBRASKA,
NORTH DAKOTA, SOUTH DAKOTA, AND WYO-
MING.
(a) STUDY.—
(1) IN GENERAL.—The Secretary, in consultation
with the Missouri River Recovery and Implementa-
tion Committee established by subsection (b)(1), shall
conduct a study of the Missouri River and its tribu-
taries to determine actions required—
(A) to mitigate losses of aquatic and terres-
trial habitat;
(B) to recover federally listed species under
the Endangered Species Act (16 U.S.C. 1531 et
seq.); and
(C) to restore the ecosystem to prevent fur-
ther declines among other native species.
(2) FUNDING.—The study under paragraph (1)
shall be funded under the Missouri River Fish and
Wildlife Mitigation Program.
(b) MISSOURI RIVER RECOVERY IMPLEMENTATION
COMMITTEE.—
(1) ESTABLISHMENT.—Not later than June 31,
2006, the Secretary shall establish a committee to be
known as the ‘‘Missouri River Recovery Implementa-
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tion Committee’’ (referred to in this section as the
‘‘Committee’’).
(2) MEMBERSHIP.—The Committee shall include
representatives from—
(A) Federal agencies;
(B) States located near the Missouri River
Basin; and
(C) other appropriate entities, as deter-
mined by the Secretary, including—
(i) water management and fish and
wildlife agencies;
(ii) Indian tribes located near the Mis-
souri River Basin; and
(iii) nongovernmental stakeholders.
(3) DUTIES.—The Commission shall—
(A) with respect to the study under sub-
section (a), provide guidance to the Secretary
and any other affected Federal agency, State
agency, or Indian tribe;
(B) provide guidance to the Secretary with
respect to the Missouri River recovery and miti-
gation program in existence on the date of enact-
ment of this Act, including recommendations re-
lating to—
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(i) changes to the implementation
strategy from the use of adaptive manage-
ment; and
(ii) the coordination of the development
of consistent policies, strategies, plans, pro-
grams, projects, activities, and priorities for
the program;
(C) exchange information regarding pro-
grams, projects, and activities of the agencies
and entities represented on the Committee to
promote the goals of the Missouri River recovery
and mitigation program;
(D) establish such working groups as the
Committee determines to be necessary to assist in
carrying out the duties of the Committee, includ-
ing duties relating to public policy and scientific
issues;
(E) facilitate the resolution of interagency
and intergovernmental conflicts between entities
represented on the Committee associated with the
Missouri River recovery and mitigation pro-
gram;
(F) coordinate scientific and other research
associated with the Missouri River recovery and
mitigation program; and
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(G) annually prepare a work plan and as-
sociated budget requests.
(4) COMPENSATION; TRAVEL EXPENSES.—
(A) COMPENSATION.—Members of the Com-
mittee shall not receive compensation from the
Secretary in carrying out the duties of the Com-
mittee under this section.
(B) TRAVEL
EXPENSES.—Travel expenses
incurred by a member of the Committee in car-
rying out the duties of the Committee under this
section shall be paid by the agency, Indian tribe,
or unit of government represented by the mem-
ber.
(c) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
SEC. 5017. SOUTHEAST LOUISIANA REGION, LOUISIANA.
(a) DEFINITION
OF
SOUTHEAST
LOUISIANA
RE-
GION.—In this section, the term ‘‘Southeast Louisiana Re-
gion’’ means any of the following parishes and municipali-
ties in the State of Louisiana:
(1) Orleans.
(2) Jefferson.
(3) St. Tammany.
(4) Tangipahoa.
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(5) St. Bernard.
(6) St. Charles.
(7) St. John.
(8) Plaquemines.
(b) ESTABLISHMENT
OF PROGRAM.—The Secretary
may establish a program to provide environmental assist-
ance to non-Federal interests in the Southeast Louisiana
Region.
(c) FORM OF ASSISTANCE.—Assistance provided under
this section may be in the form of design and construction
assistance for water-related environmental infrastructure
and resource protection and development projects in the
Southeast Louisiana Region, including projects for waste-
water treatment and related facilities, water supply and re-
lated facilities, environmental restoration, and surface
water resource protection and development (including
projects to improve water quality in the Lake Pont-
chartrain Basin).
(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
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provide for design and construction of the project to
be carried out with the assistance.
(2) REQUIREMENTS.—Each partnership agree-
ment of a project 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 or resource protec-
tion and development plan, including appro-
priate engineering plans and specifications.
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional structures as are necessary to ensure the
effective long-term operation of the project by the
non-Federal interest.
(3) COST SHARING.—The Federal share of the
cost of the project under this section—
(A) shall be 75 percent; and
(B) may be provided in the form of grants
or reimbursements of project costs.
(C) CREDIT FOR DESIGN WORK.—The non-
Federal interest shall receive credit, not to exceed
6 percent of the total construction costs of the
project, for the reasonable costs of design work
completed by the non-Federal interest before en-
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tering into a local cooperation agreement with
the Secretary for a project.
(D) CREDIT FOR INTEREST.—In case of a
delay in the funding of the non-Federal share of
the costs of a project that is the subject of an
agreement under this section, the non-Federal in-
terest shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project costs.
(E) CREDIT FOR LAND, EASEMENTS, AND
RIGHTS-OF-WAY.—The non-Federal interest shall
receive credit for land, easements, rights-of-way,
and relocations toward the non-Federal share of
project costs (including all reasonable costs asso-
ciated 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.
(F) OPERATION
AND
MAINTENANCE.—The
non-Federal share of operation and maintenance
costs for projects constructed with assistance pro-
vided 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
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law that would otherwise apply to a project to be carried
out with assistance provided under this section.
(g) NONPROFIT ENTITY.—Notwithstanding section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for
any project carried out under this section, a non-Federal
interest may include a nonprofit entity.
(h) EXPENSES OF CORPS OF ENGINEERS.—Not more
than 10 percent of amounts made available to carry out
this section may be used by the Corps of Engineers district
offices to administer projects under this section at Federal
expense.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$17,000,000, to remain available until expended.
SEC. 5018. MISSISSIPPI.
Section 592(g) of the Water Resources Development Act
of 1999 (113 Stat. 380; 117 Stat. 1837) is amended by
striking ‘‘$100,000,000’’ and inserting ‘‘$110,000,000’’.
SEC. 5019. ST. MARY PROJECT, BLACKFEET RESERVATION,
MONTANA.
(a) IN GENERAL.—The Secretary, in consultation with
the Bureau of Reclamation, shall conduct all necessary
studies, develop an emergency response plan, provide tech-
nical and planning and design assistance, and rehabilitate
and construct the St. Mary Diversion and Conveyance
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Works project located within the exterior boundaries of the
Blackfeet Reservation in the State of Montana, at a total
cost of $140,000,000.
(b) FEDERAL SHARE.—The Federal share of the total
cost of the project under this section shall be 75 percent.
(c) PARTICIPATION BY BLACKFEET TRIBE AND FORT
BELKNAP INDIAN COMMUNITY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no construction shall be carried out under
this section until the earlier of—
(A) the date on which Congress approves the
reserved water rights settlements of the Blackfeet
Tribe and the Fort Belknap Indian Community;
and
(B) January 1, 2011.
(2) EXCEPTION.—Paragraph (1) shall not apply
with respect to construction relating to—
(A) standard operation and maintenance;
or
(B) emergency repairs to ensure water
transportation or the protection of life and prop-
erty.
(3) REQUIREMENT.—The Blackfeet Tribe shall be
a participant in all phases of the project authorized
by this section.
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HR 1495 EAS
SEC. 5020. LOWER PLATTE RIVER WATERSHED RESTORA-
TION, NEBRASKA.
(a) IN GENERAL.—The Secretary, acting through the
Chief of Engineers, may cooperate with and provide assist-
ance to the Lower Platte River natural resources districts
in the State of Nebraska to serve as local sponsors with re-
spect to—
(1) conducting comprehensive watershed plan-
ning in the natural resource districts;
(2) assessing water resources in the natural re-
source districts; and
(3) providing project feasibility planning, de-
sign, and construction assistance for water resource
and watershed management in the natural resource
districts, including projects for environmental restora-
tion and flood damage reduction.
(b) FUNDING.—
(1) FEDERAL SHARE.—The Federal share of the
cost of carrying out an activity described in sub-
section (a) shall be 65 percent.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of carrying out an activity described
in subsection (a)—
(A) shall be 35 percent; and
(B) may be provided in cash or in-kind.