I 111th CONGRESS 1st Session H. R. 1307 IN THE HOUSE OF REPRESENTATIVES March 4, 2009 Ms. Matsui introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize improvements to flood damage reduction facilities adjacent to the American and Sacramento Rivers near Sacramento, California, and for other purposes.

1.

Short title

This Act may be cited as the Natomas Basin Flood Protection Improvements Act of 2009.

2.

Project Modification, American and Sacramento Rivers, California

The project for flood damage reduction, American and Sacramento Rivers, California, authorized by section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3662), and modified by section 366 of the Water Resources Development Act of 1999 (Public Law 106–53; 113 Stat. 319), is further modified to authorize work to be carried out by Federal or non-Federal interests to construct improvements to flood damage reduction facilities adjacent to the American and Sacramento Rivers in the vicinity of Sacramento, California, substantially in accordance with the report entitled “Plan Formulation Report, Natomas Levee Improvement Program, Early Implementation Project, February, 2009”, prepared by the Sacramento Area Flood Control Agency in coordination with the State of California, at an estimated total cost of $618,000,000, with an estimated Federal cost of $463,500,000 and an estimated non-Federal cost of $154,500,000.

3.

Credit or reimbursement for non-Federal work

(a)

In general

The non-Federal interests shall receive credit toward the non-Federal share of project costs for expenses incurred, or in-kind contributions provided, by the non-Federal interest in planning, engineering, design, construction, and acquisition of lands, easements, rights-of-way, relocations, and dredged material disposal areas for any of the work authorized by section 2 determined by the Secretary of the Army to be compatible with Corps of Engineers design and construction practices. (b)

Amount in excess of non-Federal share

For expenses and in-kind contributions that the non-Federal interests incur for planning, engineering, design, construction, and acquisition of lands, easements, rights-of-way, relocations, and dredged material disposal areas for work authorized by section 2 which exceed the non-Federal share of such work, the non-Federal interests shall receive— (1)credit toward the non-Federal share of other projects, or separable elements of other projects, for which the non-Federal interests contribute funds, with the Secretary of the Army allocating credit to projects or separable project elements as requested by the non-Federal interests; or (2)reimbursement to the non-Federal interests, subject to the appropriation of funds. (c)

Limitations

(1)

Cost and audit

Amounts credited or reimbursed under this Act may not exceed the actual cost of such work accomplished by the non-Federal interests prior to or subsequent to completion of the report referred to in section 2 and shall be subject to audit by the Secretary of the Army. (2)

Exception

Amounts credited or reimbursed under this Act shall not be subject to the limitations set forth in section 102 of Public Law 109–103 (119 Stat. 2253).

4.

Cost Sharing

The non-Federal share of the cost of work carried out pursuant to section 2 shall be the same as the non-Federal share of the cost of the project referred to in section 2.