Page:United States Statutes at Large Volume 119.djvu/2274

 119 STAT. 2256

PUBLIC LAW 109–103—NOV. 19, 2005

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 Appropriations 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 participants 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 undertaken 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 programmatic basis instead of on a project-by-project basis, with reconciliation 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 increments. (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);

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