PUBLIC LAW 109–103—NOV. 19, 2005
119 STAT. 2257
(C) by striking the period at the end of paragraph (2) (as so redesignated) and inserting ‘‘, except that hydroelectric power is no longer a project purpose of the facility so long as Tri-Cities Power Authority continues to exercise its responsibilities as the builder, owner, and operator of the hydropower facilities at Bluestone Dam. Water flow releases and flood control from the hydropower facilities shall be determined and directed by the Corps of Engineers.’’; and (D) by adding at the end the following: ‘‘(3) COORDINATION.—Construction of the hydroelectric generating facilities shall be coordinated with the dam safety assurance project currently in the design and construction phases.’’; (8) in subsection (e) by striking ‘‘in accordance’’ and all that follows through ‘‘58 Stat. 890)’’; (9) in subsection (f)— (A) by striking ‘‘facility of the interconnected systems of reservoirs operated by the Secretary’’ each place it appears and inserting ‘‘facilities under construction under such agreements’’; and (B) by striking ‘‘design’’ and inserting ‘‘planning, design’’; (10) in subsection (f)(2)— (A) by ‘‘Secretary’’ each place it appears and inserting ‘‘Tri-Cities Power Authority’’; and (B) by striking ‘‘facilities referred to in subsection (a)’’ and inserting ‘‘such facilities’’; (11) by striking paragraph (1) of subsection (g) and inserting the following: ‘‘(1) to arrange for the transmission of power to the market or to construct such transmission facilities as necessary to market the power produced at the facilities referred to in subsection (a) with funds contributed by the Tri-Cities Power Authority; and’’; (12) in subsection (g)(2) by striking ‘‘such facilities’’ and all that follows through ‘‘the Secretary’’ and inserting ‘‘the generating facility’’; and (13) by adding at the end the following: ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In this section, the ‘Tri-Cities Power Authority’ refers to the entity established by the City of Hinton, West Virginia, the City of White Sulphur Springs, West Virginia, and the City of Philippi, West Virginia, pursuant to a document entitled ‘Second Amended and Restated Intergovernmental Agreement’ approved by the Attorney General of West Virginia on February 14, 2002.’’. SEC. 123. (a) IN GENERAL.— (1) After the date of enactment of this Act, the Secretary of the Army shall carry out the project for wastewater infrastructure, DeSoto County, Mississippi, authorized by section 219(f)(30) of Public Law 102–580, as amended, in accordance with the provisions of this subsection. (2) The non-Federal interest shall be primarily responsible for carrying out work on the project referred to in paragraph (1) that is not covered by the Project Cooperation Agreement executed on May 13, 2002 or any amendments thereto, including work associated with the design, construction,
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