118 STAT. 2943 PUBLIC LAW 108–447—DEC. 8, 2004 (A) PLAN.—Development by the Secretary, in consulta tion with appropriate Federal and State and Regional offi cials, of appropriate environmental documentation, engineering plans and specifications. (B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish ment of such legal and institutional structures as are nec essary 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 agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. (B) CREDIT FOR DESIGN WORK.—The non Federal interest shall receive credit for the reasonable costs of planning and design work completed by the non Federal interest before entering into a local cooperation agreement with the Secretary for a project. (C) LAND, EASEMENTS, RIGHTS OF WAY, AND RELOCA TIONS.—The non Federal interest shall receive credit for land, easements, rights of way, and relocations provided by the non Federal interest toward the non Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, oper ation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (D) OPERATION AND MAINTENANCE.—The non Federal share of operation and maintenance costs for projects con structed with assistance provided 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 law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2005, $25,000,000, to remain available until expended. SEC. 109. WATERSHED MANAGEMENT AND DEVELOPMENT. Sec tion 503 of the Water Resources Development Act of 1996 (110 Stat. 3756) is amended in subsection (c) by inserting the following: ‘‘The non Federal share of the cost to provide assistance for the Lake Tahoe watershed, California and Nevada, and Walker River Basin, Nevada may be provided as work in kind.’’. SEC. 110. The Assistant Secretary of the Army for Civil Works shall enter into an agreement with the Orange County Water District, Orange County, California for purposes of water conserva tion storage and operations to provide at a minimum a conservation level up to elevation 498 feet mean sea level during the flood season, and up to elevation 505 feet mean sea level during the non flood season at Prado Dam, California. The Orange County Water District shall pay to the Government only the separable costs associated with implementation and operation and mainte nance of Prado Dam for water conservation. Contracts. California.
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