Sec. 108. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA

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## SEC. 108 LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA ###

(a)Definition In this section, the term “Lake Tahoe Basin” means the entire watershed drainage of Lake Tahoe including that portion of the Truckee River 1,000 feet downstream from the United States Bureau of Reclamation dam in Tahoe City California. ###

(b)Establishment of Program The Secretary may establish a program for providing environmental assistance to non-Federal interests in Lake Tahoe Basin. ###

(c)Form of Assistance Assistance under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Lake Tahoe Basin— ####

(1)urban stormwater conveyance, treatment and related facilities; ####

(2)watershed planning, science and research; ####

(3)environmental restoration; and ####

(4)surface water resource protection and development. ###

(d)Public Ownership Requirement The Secretary may provide assistance for a project under this section only if the project is publicly owned. ###

(e)Local Cooperation Agreement ####

(1)In general Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. ####

(2)Requirements Each local cooperation agreement entered into under this subsection shall provide for the following: #####

(A)Plan Development by the Secretary, in consultation with appropriate Federal and State and Regional officials, of appropriate environmental documentation, engineering plans and specifications. #####

(B)Legal and institutional structures Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. ####

(3)Cost sharing #####

(A)In general The Federal share of project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. #####

(B)Credit for design work The non-Federal interest shall receive credit for the reasonable costs of planning and design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project. #####

(C)Land, easements, rights-of-way, and relocations The non-Federal interest shall receive credit forland, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. #####

(D)Operation and maintenance The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. ###

(f)Applicability of Other Federal and State Laws Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. ###

(g)Authorization of Appropriations There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2005, $50,000,000, to remain available until expended. * * * * * * * ### DIVISION G LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005 * * * * * * *