Page:United States Statutes at Large Volume 121.djvu/1965

 121 STAT. 1944

113 Stat. 381.

33 USC 426h.

dkrause on GSDDPC44 with PUBLAW

10 USC 3036 note.

VerDate Aug 31 2005

07:12 Jan 26, 2009

PUBLIC LAW 110–161—DEC. 26, 2007

SEC. 109. Section 121 of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2256) is amended by striking subsection (a) and inserting the following: ‘‘(a) The Secretary of the Army may carry out and fund planning studies, watershed surveys and assessments, or technical studies at 100 percent Federal expense to accomplish the purposes of 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 the collaborative program long-term plan. In carrying out a study, survey, or assessment under this subsection, the Secretary of the Army shall consult with Federal, State, tribal and local governmental entities, as well as entities participating in the Middle Rio Grande Endangered Species Collaborative Program referred to in section 205 of this Act: Provided, That the Secretary of the Army may also provide planning and administrative assistance to the Middle Rio Grande Endangered Species Collaborative Program, which shall not be subject to cost sharing requirements with non-Federal interests.’’. SEC. 110. The Secretary of the Army, acting through the Chief of Engineers, is directed to convey at no cost, lands to Tate County School District, Tate County, Mississippi, the transfer of any real property interests, not to exceed 50 acres, at Arkabutla Lake deemed available by the Army that is located adjacent to school district property in the vicinity of State Highway 306 west of Coldwater, Mississippi. Such transfer shall be subject to the reservation of any required flowage easements for the operation of Arkabutla Lake and which preclude structures for human habitation. This property shall be used by the Tate County School District for public educational purposes. SEC. 111. Section 594 of the Water Resources Development Act of 1999 is amended by striking ‘‘SEC. 594. OHIO.’’ and inserting in lieu thereof ‘‘SEC. 594. OHIO AND NORTH DAKOTA.’’ and in (a) strike ‘‘Ohio.’’ and insert in lieu thereof ‘‘Ohio and North Dakota.’’ and in (b) strike ‘‘Ohio,’’ and insert in lieu thereof ‘‘Ohio and North Dakota,’’ and in (h) strike ‘‘$240,000,000.’’ and insert in lieu thereof ‘‘$240,000,000 for Ohio and $100,000,000 for North Dakota.’’. SEC. 112. The Secretary of the Army, acting through the Chief of Engineers, is directed and authorized to conduct preconstruction engineering and design activities at full Federal expense for the Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which includes interior drainage and related improvements to be constructed on lands that may include Federal land, the cost of the preconstruction, engineering, and design activities shall be included in total project costs to be cost shared at the rate of 65 percent Federal and 35 percent non-Federal, as a part of construction and the Decision Document contents shall be limited to a design analysis and supporting NEPA documentation for drainage improvements. SEC. 113. Section 227 of Public Law 104–303 is amended in section 5(a) by striking ‘‘7’’ and inserting ‘‘12’’ in lieu thereof. SEC. 114. All budget documents and justification materials for the Corps of Engineers annual budget submission to Congress shall be assembled and presented based on the most recent annual appropriations Act: Provided, That new budget proposals for fiscal year 2008 and thereafter, shall not be integrated into the budget

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