Page:United States Statutes at Large Volume 110 Part 5.djvu/645

 PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3719 "(d) APPLICABILITY OF BENEFIT-COST RATIO WAIVER AUTHOR- ITY.— In evaluating and implementing the project under this section, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c), to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project.". SEC. 334. ACEQUIAS IRRIGATION SYSTEM, NEW MEXICO. The second sentence of section 1113(b) of the Water Resources Development Act of 1986 (100 Stat. 4232) is amended by inserting before the period at the end the following: "; except that the Federal share of reconnaissance studies carried out by the Secretary under this section shall be 100 percent". SEC. 335. JONES INLET, NEW YORK The project for navigation, Jones Inlet, New York, authorized by section 2 of the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved March 2, 1945 (59 Stat. 13), is modified to direct the Secretary to place uncontaminated dredged material on beach areas downdrift from the federally maintained channel to the extent that such work is necesssiry to mitigate the interruption of littoral system natural processes caused by the jetty and continued dredging of the federally maintained channel. SEC. 336. BUFORD TRENTON IRRIGATION DISTRICT, NORTH DAKOTA. (a) ACQUISITION OF EASEMENTS.— (1) IN GENERAL.— The Secretary may acquire, from willing sellers, permanent flowage and saturation easements over— (A) the land in Williams County, North Dakota, extending from the riverward margin of the Buford Trenton Irrigation District main canal to the north bank of the Missouri River, beginning at the Buford Trenton Irrigation District pumping station located in the NEV^t of section 17, T-152-N, R-104-W, and continuing northeasterly downstream to the land referred to as the East Bottom; and (B) any other land outside the boundaries of the land described in subparagraph (A) within or contiguous to the boundaries of the Buford Trenton Irrigation District that has been affected by rising ground water and the risk of surface flooding. (2) SCOPE. —Any easements acquired by the Secretary under paragraph (1) shall include the right, power, and privilege of the Federal Government to submerge, overflow, percolate, and saturate the surface and subsurface of the lands and such other terms and conditions as the Secretary considers appropriate. (3) PAYMENT.— In acquiring easements under paragraph (1), the Secretary shall pay an amount based on the unaffected fee value of the lands to be acquired by the Federal Government. For the purpose of this paragraph, the unaffected fee value of the lands is the value of the lands as if the lands had not been affected by rising ground water and the risk of surface flooding. (b) CONVEYANCE OF DRAINAGE PUMPS. —The Secretary shall—

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