123STA T .608PUBLIC LA W 111 – 8 —M A R .11 , 200 9194 4 ,PublicLaw78–53 4,i smod i f i e d t odi r ect t h e S ecretar y , acti ng through the C hief of E ngineers, to ta k e such action as is necessary to correct deficiencies in the L–385 le v ee system in R iverside, M is - souri at full F ederal e xp ense at a cost of no more than $ 7, 0 00,000 . S EC . 11 2 . Section 115 of the Energy and W ater D evelopment and Related A gencies Appropriations Act, 2008 as contained in division C of Public Law 110–1 6 1, is amended by striking ‘ ‘$20,000,000. T he Secretary shall transfer this facility to the Sec- retary of the I nterior for operation and maintenance upon the completion of construction. ’ ’ and inserting in lieu thereof, ‘‘$20,000,000
- Provide
d , That the Secretary shall transfer ownership of this facility to the Secretary of H ealth and Human Services for operation and maintenance upon the completion of construc- tion.’’. SEC. 113. Section 103 ( c ) (7) of the Water Resources Development Act of 1992 (106 Stat. 4811–12), as amended by section 117 of the Energy and Water Development Appropriations Act of 2006 (119 Stat. 2255), is further amended by striking ‘‘15,000,000’’ and inserting ‘‘26,000,000’’. SEC. 114. Section 3118 of Public Law 110–114 (121 Stat. 1137) is amended by — (1) in paragraph (b) by inserting after ‘‘ N ew Mexico’’ the following: ‘‘in accordance with the plans recommended in the feasibility report for the Middle Rio G rande B os q ue, New Mexico, scheduled for completion in December 2008’’
(2) redesignating subsection (d) as subsection (e); and (3) inserting a new subsection (d): ‘‘(d) C OST S HARING .—Any requirement for non-Federal partici- pation in a pro j ect carried out in the bosque of Bernalillo County, New Mexico, pursuant to this section shall be limited to the provi- sion of lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction, operation and maintenance of the project.’’. SEC. 115. The non-Federal interest for the project referenced in section 3154 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1148) may carry out design and construction work on the project in advance of Federal appropria- tions or may provide funds directly to the Secretary for the Sec- retary to carry out such work: Provided, That the Secretary of the Army shall reimburse the non-Federal interest for any costs incurred by the non-Federal interest that are in excess of the non-Federal share of total project costs subject to the availability of appropriations. SEC. 116. The Colorado Department of Natural Resources is authori z ed to perform modifications of the facility (Chatfield Res- ervoir, Colorado), and any required mitigation which results from implementation of the project: Provided, That in carrying out the reassignment of storage space provided for in this section, the Secretary shall collaborate with the Colorado Department of Nat- ural Resources and local interests to determine costs to be repaid for storage that reflects the limited reliability of the resources and the capability of non-Federal interests to make use of the reallocated storage space in Chatfield Reservoir, Colorado. SEC. 117. Section 117 of the Energy and Water Development and Related Agencies Appropriations Act, 2005, as contained in division C of Public Law 108–447, is hereby repealed. 1 1 8Sta t .294 4. Col o r a d o. Reimbu r s eme n ts. 121 Stat. 194 5 .
