Restoration of the Lake Michigan Waterfront and Related Areas, Lake and Porter Counties, Indiana.—

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 119 STAT. 2259 cost share is then 85 percent Federal and 15 percent non-Federal. (4) Credit.—(A) The Secretary shall credit the non-Federal interest for the value of any lands, easements, rights-of-way, relocations, excavated and/or dredged material disposal areas required for carrying out a project. When the cost of the provision of all lands, easements, rights-of-way, relocations, excavated and/or dredged material disposal areas exceeds the non-Federal share, as identified in paragraph (3), the non-Federal interest may waive any right under Federal cost-sharing policy to receive cash reimbursement for any such value in excess of the non-Federal share as identified in paragraph (3).(B) The non-Federal interest may provide up to 100 percent of the non-Federal share required under paragraph (3) in the form of services, materials, supplies, or other in-kind contributions including monies paid pursuant to, or the value of any in-kind service performed under, an administrative order on consent or jurisdictional consent decree but may not include any monies paid pursuant to, or the value of any in-kind service performed under, a unilateral administrative order or court order.(C) The total of non-Federal credit for services, materials, supplies, or other in-kind contributions when combined with lands, easements, rights-of-way, relocations, excavated and/or dredged material disposal areas shall not exceed the non-Federal share identified in paragraph (3). (5) Operation, maintenance, repair, replacement and rehabilitation.—Operation, maintenance, repair, replacement and rehabilitation is 100 percent non-Federal cost. (6) Hold harmless.—Non-Federal interests hold and save harmless the United States free from claims or damages due to implementation of the project except for negligence of the government.(7) Authorized appropriations.—There is authorized to be appropriated to carry out this program $20,000,000 for each fiscal year.