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<br />implement the project, following the issuance of a Record of Decision by the Assistant Secretary <br />of the Army, Civil Works; however funds must have been appropriated or otherwise made <br />available to the board by the participants. This authority shall include the ability to hold storage <br />space in the reservoir; to contract with local entities who will utilize the reservoir storage space; <br />to receive and expend money from entities to undertake mitigation, operational and maintenance <br />activities, to pay for the costs of storage or other necessary activities, and to implement the <br />project utilizing the agency fund. The board has the express authority, in consultation with the <br />participants, to undertake such action as is necessary, including the award of contracts to public <br />and private entities to undertake mitigation and construction related activities, to lease, sublease <br />or assign storage space rights and to otherwise effectuate the storage of water in the reservoir. In <br />the event of a conflict between the application of state or federal law or rules, federal laws and <br />rules shall apply. <br /> <br />4 <br />