Page:United States Statutes at Large Volume 110 Part 5.djvu/605

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PUBLIC LAW 104-303—OCT. 12, 1996 110 STAT. 3679 or operation of the project, if such measures do not conflict with the authorized project purposes. "(d) NON-FEDERAL SHARE; LIMITATION ON MAXIMUM FEDERAL EXPENDITURE. —The non-Federal share of the cost of any modifications or measures carried out or undertaken pursuant to subsection (b) or (c) shall be 25 percent. Not more than 80 percent of the non-Federal share may be in kind, including a facility, supply, or service that is necessary to carry out the modification or measure. Not more than $5,000,000 in Federal funds may be expended on any single modification or measure carried out or undertaken pursuant to this section."; and (3) in subsection (f) (as so redesignated) by striking "program conducted under subsection (b)" and inserting "programs conducted under subsections (b) and (c)". (d) DEFINITION. —Section 1135 of such Act (as amended by subsection (c)(1) of this section) is amended by adding at the end the following: "(h) DEFINITION. —In this section, the term 'water resources project constructed by the Secretary' includes a water resources project constructed or funded jointly by the Secretary and the head of any other Federal agency (including the Natural Resources Conservation Service).". SEC. 205. ENVIRONMENTAL DREDGING. Section 312 of the Water Resources Development Act of 1990 (33 U.S.C. 1252 note; 104 Stat. 4639-4640) is amended— (1) in each of subsections (a), (b), and (c) by inserting "and remediate" after "remove" each place it appears; (2) in subsection (b)— (A) in paragraph (1) by inserting "and remediation" after "removal" each place it appears; and (B) in paragraph (2) by striking "$10,000,000" and inserting "$20,000,000 "; and (3) by striking subsection (f) and inserting the following: "(f) PRIORITY WORK. — In carrying out this section, the Secretary shall give priority to work in the following sireas: "(1) Brooklyn Waterfront, New York. "(2) Buffalo Harbor and River, New York. "(3) Ashtabula River, Ohio. "(4) Mahoning River, Ohio. "(5) Lower Fox River, Wisconsin.". SEC. 206. AQUATIC ECOSYSTEM RESTORATION. 22 USC 2330. (a) GENERAL AUTHORITY.— The Secretary may carry out an aquatic ecosystem restoration and protection project if the Secretary determines that the project— (1) will improve the quality of the environment and is in the public interest; and (2) is cost-effective. (b) COST SHARING. —Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rightsof-way, and necessary relocations. (c) AGREEMENTS. —Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, and replacement