123STA T .607PUBLIC LA W 111 –8—M A R .11 , 200 9SEC.106 . S ection 1 2 1o f t h e E ne rgya n dW ater D e v e l o pm ent A ppropriation s Act , 2006 (Pub lic L a w 10 9– 10 3; 119 Stat. 22 5 6 ) is amended by stri k ing subsection (a) and inserting the following
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‘(a) H ereafter, the Secretary of the Army may carry out and fund planning studies, watershed surveys and assessments, or tech - nical studies at 100 percent F ederal e x pense to accomplish the purposes of the 2003 B iological O pinion described in section 205(b) of the Energy and Water Development Appropriations Act, 2005 (Public Law 10 8 – 4 4 7
- 118 Stat. 2949) as amended by subsection
(b) or any related subse q uent biological opinion, and the collabo- rative program long-term plan. I n carrying out a study, survey, or assessment under this subsection, the Secretary of the Army shall consult with Federal, State, tribal and local governmental entities, as well as entities participating in the M iddle R io G rande Endangered Species C ollaborative Program referred to in section 205 of this Act: Provide d, T hat the Secretary of the Army may also provide planning and administrative assistance to the Middle Rio Grande Endangered Species Collaborative Program, which shall not be sub j ect to cost sharing requirements with non-Federal interests. ’ ’. SEC. 107. N one of the funds in this Act, or previous Acts, making funds available for Energy and Water Development shall be used to award any continuing contract that commits additional funding from the Inland Waterway Trust Fund unless or until such time that a permanent solution to enhance revenues in the fund is enacted. SEC. 108. The Secretary is authori z ed to conduct a study of the Missouri River Projects located within the Missouri River basin at a total cost of $ 25,000,000 with the express purpose to review the original project purposes based on the Flood Control Act of 1944, as amended, and other subsequent relevant legislation and judicial rulings to determine if changes to the authorized project purposes and existing Federal water resource infrastructure may be warranted: Provided , That this study shall be undertaken at full Federal expense. SEC. 109. Section 134 of Public Law 108–137 (117 Stat. 1842), as amended by section 128(b) of Public Law 109–103 (119 Stat. 2260), is further amended by striking ‘‘$30,000,000’’ wherever it appears and inserting ‘‘$48,300,000’’ in lieu thereof. SEC. 110. Section 101(a)(5) of the Water Resources Development Act of 1996 (110 Stat. 3663) is amended — (1) by inserting ‘‘(A) I NG ENE RAL .—’’ before ‘‘The’’; and (2) by adding at the end the following: ‘‘(B) CRE DIT T OW ARD NON- F EDERAL SH ARE.—The Sec- retary shall credit toward the non-Federal share of the project the costs expended by non-Federal interests for the replacement and reconstruction of the Soquel Avenue Bridge. ‘‘(C) MA X I MU M AMOUNT OF CREDIT.—The credit under paragraph (B) may not exceed $2,000,000. ‘‘(D) LIMITATION OF TOTAL P RO J ECT COST.—The Sec- retary shall not include the costs to be credited under paragraphs (B) and (C) in total project costs in determining the amounts of the Federal and non-Federal contributions.’’. SEC. 111. The Missouri River Levee System (MRLS) U nit L– 385 Project, Riverside, Missouri, authorized by the Flood Control Act of 1941, Public Law 77–228, and the Flood Control Act of Study.Con t rac t s . Consu l tat i on.
