Page:United States Statutes at Large Volume 119.djvu/2276

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[119 STAT. 2258]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 2258]

119 STAT. 2258

PUBLIC LAW 109–103—NOV. 19, 2005

management, and administration of the project. The non-Federal interest may carry out work on the project subject to obtaining any permits required pursuant to Federal and State laws and subject to general supervision and administrative oversight by the Secretary of the Army. (3) The Federal share of project costs incurred by the non-Federal interest in carrying out work on the project as provided for in paragraph (2) shall equal 75 percent of the total cost of the work and shall be in the form of grants or reimbursements, except that the total amount of Federal funds available for the project, including that portion of the project carried out as provided for in paragraph (2), may not exceed $55,000,000. (b) TECHNICAL AMENDMENT.—Section 6006 of the Emergency Supplemental Appropriations Act, 2005 (119 Stat. 282) is amended by striking ‘‘between May 13, 2002, and September 30, 2005’’ and inserting ‘‘after May 13, 2002’’ in lieu thereof. SEC. 124. The project for flood control, Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by section 101(13) of Public Law 102–580 and modified by Public Law 108–7 (H.J. Res. 2) Consolidated Appropriations Resolution, 2003, section 107 is further modified to provide that the costs incurred for design and construction of the project channel crossings in the reach of the channels from Shelbourne Avenue proceeding north along the alignment of Durango Drive and continuing east along the Southern Beltway to Martin Avenue shall be added to the authorized cost of the project and such costs shall be cost shared and shall not be considered part of the non-Federal sponsor’s responsibility to provide lands, easements, and rights-of-way, and to perform relocations for the project. SEC. 125. RESTORATION OF THE LAKE MICHIGAN WATERFRONT AND RELATED AREAS, LAKE AND PORTER COUNTIES, INDIANA.—The Secretary of the Army, acting through the Chief of Engineers is authorized and directed to carry out a continuing program for the restoration of the Lake Michigan Waterfront and Related Areas, Lake and Porter Counties, Indiana. (1) DEFINITIONS.— (A) Related areas are defined as adjacent or close sites that have an impact or influence on the waterfront areas or aquatic habitat. (B) Restore is defined as— (i) activities that improve a site’s ecosystem function, structure, and dynamic processes to a less degraded and more natural condition, and/or (ii) the management of contaminants that allow the site to be safely used for ecological and/or economic purposes. (2) JUSTIFICATION.—Projects can be justified by ecosystem benefits, clean-up of contaminated sites, public health, safety, economic benefits or any combination of these. Sites restored for economic purposes can be redeveloped by others. Restoration sites may include compatible recreation facilities that do not diminish the restoration purpose and do not increase the Federal cost share by more than 10 percent. (3) COST SHARING.—The construction of projects are cost shared at 65 percent Federal and 35 percent non-Federal except when there is a demonstration of innovative technology. The

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