Page:United States Statutes at Large Volume 123.djvu/633

 123STA T .6 13 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9bed ee m ed no n r e i mb u r sa b l e f or non t ransferred w or k s
 * Provide

d fu r th er ,Th at the c alculation of the non -F ederal contribution shall p ro v ide for consideration of the value of an y in-kind contributions, but shall not include funds received from other Federal a g encies: Provided further, That the cost of operating and maintaining such improvements shall be the responsibility of the non-Federal entity: Provided further, That this section shall not supercede any e x isting pro j ect-specific funding authority: Provided further, That the S ec- retary is also authori z ed to enter into grants or cooperative agree- ments with universities or nonprofit research institutions to fund water use efficiency research . S EC. 206 . ( a ) Section 20 9 of the E nergy and W ater D evelopment A ppropriations Act, 200 4 ( P ublic L aw 1 0 8– 1 37; 117 Stat. 18 5 0) is repealed. (b) The Secretary of the I nterior (referred to in this section as the ‘ ‘Secretary ’ ’) shall establish and maintain an Executive C om- mittee of the M iddle R io G rande Endangered Species Collaborative Program (referred to in this section as the ‘‘Executive Committee’’) consistent with the bylaws of the Middle Rio Grande Endangered Species Collaborative Program adopted on O ctober 2, 2006. (c) H ereafter, in compliance with applicable Federal and State laws, the Secretary (acting through the Commissioner of Reclama- tion), in collaboration with the Executive Committee, may enter into any grants, contracts, cooperative agreements, interagency agreements, or other agreements that the Secretary determines to be necessary to comply with the 2003 B iological Opinion described in section 205(b) of the Energy and Water Development Appropria- tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) as amended by section 121(b) of the Energy and Water Development Appropria- tions Act, 2006 (Public Law 109–103; 119 Stat. 2256) or any related subse q uent biological opinion or in furtherance of the objectives set forth in the collaborative program long-term plan. (d)(1) The acquisition of water under subsection (c) and any administrative costs associated with carrying out subsection (c) shall be at full Federal expense. (2) N ot more than 15 percent of amounts appropriated to carry out subsection (c) shall be made available for the payment of administrative expenses associated with carrying out that sub- section. (e)(1) The non-Federal share of activities carried out under subsection (c) (other than an activity or a cost described in sub- section (d)(1)) shall be 25 percent. The non-Federal cost share shall be determined on a programmatic, rather than a project- by-project basis. (2) The non-Federal share required under paragraph (1) may be in the form of in-kind contributions, the value of which shall be determined by the Secretary in consultation with the executive committee. (f) Nothing in this section modifies or expands the discretion of the Secretary with respect to operating reservoir facilities under the jurisdiction of the Secretary in the Rio Grande V alley, New Mexico. SEC. 207. Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (Public Law 110– 161; 121 Stat. 1953) is amended — (1) in subsection (a)— Establi s hmen t .Gr ants. Co ntra c ts.