108TH CONGRESS

1ST SESSION H. R. 2557

AN ACT

To provide for the conservation and development of

water and related resources, to authorize the Secretary of the Army to construct various projectsfor improvements to rivers and harbors of theUnited States, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2557

AN ACT

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Water Resources Development Act of 2003’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 1001. Project authorizations.

Sec. 1002. Small projects for flood damage reduction.

Sec. 1003. Small projects for emergency streambank protection.

Sec. 1004. Small projects for navigation.

Sec. 1005. Small projects for improvement of the quality of the environment.

Sec. 1006. Small projects for aquatic ecosystem restoration.

Sec. 1007. Small projects for shoreline protection.

Sec. 1008. Small projects for snagging and sediment removal.

TITLE II—GENERAL PROVISIONS

Sec. 2001. Annual passes for recreation.

Sec. 2002. Non-Federal contributions.

Sec. 2003. Harbor cost sharing.

Sec. 2004. Funding to process permits.

Sec. 2005. National shoreline erosion control development and demonstration

program.

Sec. 2006. Written agreement for water resources projects.

Sec. 2007. Assistance for remediation, restoration, and reuse.

Sec. 2008. Compilation of laws.

Sec. 2009. Dredged material disposal.

Sec. 2010. Wetlands mitigation.

Sec. 2011. Remote and subsistence harbors.

Sec. 2012. Beneficial uses of dredged material.

Sec. 2013. Cost sharing provisions for certain areas.

Sec. 2014. Revision of project partnership agreement.

Sec. 2015. Cost sharing.

Sec. 2016. Credit for work performed before partnership agreement.

Sec. 2017. Recreation user fee revenues.

Sec. 2018. Expedited actions for emergency flood damage reduction.

Sec. 2019. Watershed and river basin assessments.

Sec. 2020. Tribal partnership program.

Sec. 2021. Treatment of certain separable elements.

Sec. 2022. Prosecution of work.

Sec. 2023. Wildfire firefighting.

Sec. 2024. Credit for nonconstruction services.
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Sec. 2025. Technical assistance.

Sec. 2026. Centers of specialized planning expertise.

Sec. 2027. Coordination and scheduling of Federal, State, and local actions.

Sec. 2028. Project streamlining.

Sec. 2029. Lakes program.

Sec. 2030. Mitigation for fish and wildlife losses.

Sec. 2031. Cooperative agreements.

Sec. 2032. Project planning.

Sec. 2033. Independent peer review.

Sec. 2034. Support of Army civil works program.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 3001. Cook Inlet, Alaska.

Sec. 3002. King Cove Harbor, Alaska.

Sec. 3003. Sitka, Alaska.

Sec. 3004. Tatitlek, Alaska.

Sec. 3005. Nogales Wash and tributaries, Arizona.

Sec. 3006. Grand Prairie Region and Bayou Meto Basin, Arkansas.

Sec. 3007. Saint Francis Basin, Arkansas.

Sec. 3008. American and Sacramento Rivers, California.

Sec. 3009. Cache Creek Basin, California.

Sec. 3010. Grayson Creek/Murderer’s Creek, California.

Sec. 3011. John F. Baldwin Ship Channel and Stockton Ship Channel, California.

Sec. 3012. Larkspur Ferry Channel, Larkspur, California.

Sec. 3013. Los Angeles Harbor, Los Angeles, California.

Sec. 3014. Napa River Salt Marsh Restoration, Napa River, California.

Sec. 3015. Pacific Flyway Center, Sacramento, California.

Sec. 3016. Pinole Creek, California.

Sec. 3017. Prado Dam, California.

Sec. 3018. Sacramento Deep Water Ship Channel, California.

Sec. 3019. Sacramento River, Glenn-Colusa, California.

Sec. 3020. San Lorenzo River, California.

Sec. 3021. Upper Guadalupe River, California.

Sec. 3022. Walnut Creek Channel, California.

Sec. 3023. Wildcat/San Pablo Creek Phase I, California.

Sec. 3024. Wildcat/San Pablo Creek Phase II, California.

Sec. 3025. Brevard County, Florida.

Sec. 3026. Broward County and Hillsboro Inlet, Florida.

Sec. 3027. Gasparilla and Estero Islands, Florida.

Sec. 3028. Jacksonville Harbor, Florida.

Sec. 3029. Lido Key Beach, Sarasota, Florida.

Sec. 3030. Manatee Harbor, Florida.

Sec. 3031. Miami Harbor, Florida.

Sec. 3032. Tampa Harbor, Florida.

Sec. 3033. Tampa Harbor-Big Bend Channel, Florida.

Sec. 3034. Tampa Harbor-Cut B, Fflorida.

Sec. 3035. Little Wood River, Gooding, Idaho.

Sec. 3036. Chicago Sanitary and Ship Canal, Illinois.

Sec. 3037. Hennepin-Hopper Lakes, Illinois.

Sec. 3038. Mississippi River and Big Muddy river, Illinois.

Sec. 3039. Spunky Bottoms, Illinois.

Sec. 3040. Emiquon, Illinois.

Sec. 3041. Little Calumet River, Indiana.
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Sec. 3042. White River, Indiana.

Sec. 3043. Wolf Lake, Indiana.

Sec. 3044. Prestonsburg, Kentucky.

Sec. 3045. Amite River and tributaries, Louisiana, East Baton Rouge Parish

Watershed.

Sec. 3046. Atchafalaya Basin, Louisiana.

Sec. 3047. Public access, Atchafalaya Basin Floodway System, Louisiana.

Sec. 3048. J. Bennett Johnston Waterway, Mississippi River to Shreveport,

Louisiana.

Sec. 3049. Mississippi Delta Region, Louisiana.

Sec. 3050. New Orleans to Venice, Louisiana.

Sec. 3051. West Bank of the Mississippi River (East of Harvey Canal), Louisiana.

Sec. 3052. Camp Ellis, Saco, Maine.

Sec. 3053. Union River, Maine.

Sec. 3054. Cass River, Spaulding Township, Michigan.

Sec. 3055. Detroit River Shoreline, Detroit, Michigan.

Sec. 3056. Water Resources Institute, Muskegon, Michigan.

Sec. 3057. Saginaw River, Bay City, Michigan.

Sec. 3058. Ada, Minnesota.

Sec. 3059. Duluth Harbor, Mcquade Road, Minnesota.

Sec. 3060. Grand Portage Harbor, Minnesota.

Sec. 3061. Granite Falls, Minnesota.

Sec. 3062. Minneapolis, Minnesota.

Sec. 3063. Red Lake River, Minnesota.

Sec. 3064. Silver Bay, Minnesota.

Sec. 3065. Taconite Harbor, Minnesota.

Sec. 3066. Two Harbors, Minnesota.

Sec. 3067. Deer Island, Harrison County, Mississippi.

Sec. 3068. Bois Brule Drainage and Levee District, Missouri.

Sec. 3069. Sand Creek Watershed, Wahoo, Nebraska.

Sec. 3070. Alamogordo, New Mexico.

Sec. 3071. Orchard Beach, Bronx, New York.

Sec. 3072. Times Beach, Buffalo, New York.

Sec. 3073. Port of New York and New Jersey, New York and New Jersey.

Sec. 3074. New York state Canal System.

Sec. 3075. Arcadia Lake, Oklahoma.

Sec. 3076. Willamette River Temperature Control, Mckenzie Subbasin, Oregon.

Sec. 3077. French Creek, Union City Dam, Pennsylvania.

Sec. 3078. Lackawanna River at Olyphant, Pennsylvania.

Sec. 3079. Lackawanna River at Scranton, Pennsylvania.

Sec. 3080. Raystown Lake, Pennsylvania.

Sec. 3081. Sheraden Park Stream and Chartiers Creek, Allegheny County,

Pennsylvania.

Sec. 3082. Solomon’s Creek, Wilkes-Barre, Pennsylvania.

Sec. 3083. South Central Pennsylvania.

Sec. 3084. Wyoming Valley, Pennsylvania.

Sec. 3085. Little Limestone Creek, Jonesborough, Tennessee.

Sec. 3086. Cedar Bayou, Texas.

Sec. 3087. Lake Kemp, Texas.

Sec. 3088. Lower Rio Grande Basin, Texas.

Sec. 3089. North Padre Island, Corpus Christi Bay, Texas.

Sec. 3090. Proctor Lake, Texas.

Sec. 3091. San Antonio Channel, San Antonio, Texas.

Sec. 3092. Elizabeth River, Chesapeake, Virginia.
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Sec. 3093. Roanoke River Upper Basin, Virginia.

Sec. 3094. Blair and Sitcum Waterways, Tacoma Harbor, Washington.

Sec. 3095. Greenbrier River Basin, West Virginia.

Sec. 3096. Manitowoc Harbor, Wisconsin.

Sec. 3097. Mississippi River Headwaters Reservoirs.

Sec. 3098. Continuation of project authorizations.

Sec. 3099. Project reauthorizations.

Sec. 3100. Project deauthorizations.

Sec. 3101. Land conveyances.

Sec. 3102. Extinguishment of reversionary interests and use restrictions.

Sec. 3103. Land exchange, disposal and acquisition of lands, Allatoona Lake,

Georgia.

TITLE IV—STUDIES

Sec. 4001. John Glenn Great Lakes basin program.

Sec. 4002. Choctawhatchee, Pea, and Yellow Rivers Watershed, Alabama.

Sec. 4003. St. George Harbor, Alaska.

Sec. 4004. Susitna River, Alaska.

Sec. 4005. Searcy County, Arkansas.

Sec. 4006. Upper Mississippi River and Illinois Waterway, Illinois, Iowa, Minnesota, Missouri, and Wisconsin.

Sec. 4007. Hamilton, California.

Sec. 4008. Napa River, St. Helena, California.

Sec. 4009. Oceanside, California.

Sec. 4010. Sacramento River, California.

Sec. 4011. San Francisco Bay, Sacramento-San Joaquin Delta, California.

Sec. 4012. Tybee Island, Georgia.

Sec. 4013. Calumet Harbor, Illinois.

Sec. 4014. Chicago, Illinois.

Sec. 4015. South Branch, Chicago River, Chicago, Illinois.

Sec. 4016. Paducah, Kentucky.

Sec. 4017. Bastrop-Morehouse Parish, Louisiana.

Sec. 4018. West Feliciana Parish, Louisiana.

Sec. 4019. Fall River Harbor, Massachusetts.

Sec. 4020. City of Mackinac Island, Michigan.

Sec. 4021. Northeast Mississippi.

Sec. 4022. Pueblo of Zuni, New Mexico.

Sec. 4023. Hudson-Raritan Estuary, New York and New Jersey.

Sec. 4024. Sac and Fox Nation, Oklahoma.

Sec. 4025. Sutherlin, Oregon.

Sec. 4026. Tillamook Bay and Bar, Oregon.

Sec. 4027. Ecosystem restoration and fish passage improvements, Oregon.

Sec. 4028. Northeastern Pennsylvania aquatic ecosystem restoration and protection.

Sec. 4029. Georgetown and Williamsburg Counties, South Carolina.

Sec. 4030. Sabine Pass to Galveston Bay, Texas.

Sec. 4031. Grand County and Moab, Utah.

Sec. 4032. Chehalis River Basin, Washington.

Sec. 4033. Sprague, Lincoln County, Washington.

Sec. 4034. Monongahela River Basin, Northern West Virginia.

Sec. 4035. Wauwatosa, Wisconsin.

Sec. 4036. Lake Erie Dredged Material Disposal Sites.

TITLE V—MISCELLANEOUS PROVISIONS
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Sec. 5001. Maintenance of navigation channels.

Sec. 5002. Watershed management.

Sec. 5003. Dam safety.

Sec. 5004. Structural integrity evaluations.

Sec. 5005. Flood mitigation priority areas.

Sec. 5006. Additional assistance for authorized projects.

Sec. 5007. Expedited completion of reports and construction for certain

projects.

Sec. 5008. Expedited completion of reports for certain projects.

Sec. 5009. Southeastern water resources assessment.

Sec. 5010. Upper Mississippi River environmental management program.

Sec. 5011. Missouri and Middle Mississippi Rivers enhancement project.

Sec. 5012. Membership of Missouri River Trust.

Sec. 5013. Great Lakes fishery and ecosystem restoration.

Sec. 5014. Susquehanna, Delaware, and Potomac River basins.

Sec. 5015. Chesapeake Bay environmental restoration and protection program.

Sec. 5016. Montgomery, Alabama.

Sec. 5017. Pinhook Creek, Huntsville, Alabama.

Sec. 5018. Alaska.

Sec. 5019. Akutan Small Boat Harbor, Alaska.

Sec. 5020. Fort Yukon, Alaska.

Sec. 5021. Lowell Creek Tunnel, Seward, Alaska.

Sec. 5022. St. Herman and St. Paul Harbors, Kodiak, Alaska.

Sec. 5023. Augusta and Clarendon, Arkansas.

Sec. 5024. Helena and Vicinity, Arkansas.

Sec. 5025. Loomis Landing, Arkansas.

Sec. 5026. McClellan-Kerr Arkansas River navigation project, Arkansas and

Oklahoma.

Sec. 5027. St. Francis River Basin, Arkansas and Missouri.

Sec. 5028. Cambria, California.

Sec. 5029. Contra Costa Canal, Oakley and Knightsen, California; Mallard

Slough, Pittsburg, California.

Sec. 5030. East San Joaquin County, California.

Sec. 5031. Placer and El Dorado Counties, California.

Sec. 5032. Sacramento Area, California.

Sec. 5033. Sacramento Deep Water Ship Channel, California.

Sec. 5034. San Francisco, California.

Sec. 5035. San Francisco, California, Waterfront Area.

Sec. 5036. San Pablo Bay Watershed and Suisun Marsh Ecosystem Restoration.

Sec. 5037. Stockton, California.

Sec. 5038. Upper Klamath Basin, California.

Sec. 5039. Charles Hervey Townshend Breakwater, Connecticut.

Sec. 5040. Everglades restoration, Florida.

Sec. 5041. Florida Keys water quality improvements.

Sec. 5042. Lake Worth, Florida.

Sec. 5043. Lake Lanier, Georgia.

Sec. 5044. Riley Creek recreation area, Idaho.

Sec. 5045. Reconstruction of Illinois flood protection projects.

Sec. 5046. Cook County, Illinois.

Sec. 5047. Kaskaskia River basin, Illinois, restoration.

Sec. 5048. Natalie Creek, Midlothian and Oak Forest, Illinois.

Sec. 5049. Peoria riverfront development, Peoria, Illinois.

Sec. 5050. Illinois River basin restoration.

Sec. 5051. Southwest Illinois.
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Sec. 5052. Calumet region, Indiana.

Sec. 5053. Rathbun Lake, Iowa.

Sec. 5054. Cumberland River Basin, Kentucky.

Sec. 5055. Mayfield Creek and tributaries, Kentucky.

Sec. 5056. North Fork, Kentucky River, Breathitt County, Kentucky.

Sec. 5057. Southern and Eastern Kentucky.

Sec. 5058. Coastal Louisiana ecosystem protection and restoration.

Sec. 5059. Baton Rouge, Louisiana.

Sec. 5060. Lake Pontchartrain, Louisiana.

Sec. 5061. West Baton Rouge Parish, Louisiana.

Sec. 5062. Chesapeake Bay shoreline, Maryland, Virginia, Pennsylvania, and

Delaware.

Sec. 5063. Delmarva conservation corridor, Maryland.

Sec. 5064. Detroit River, Michigan.

Sec. 5065. Oakland County, Michigan.

Sec. 5066. St. Clair River and Lake St. Clair, Michigan.

Sec. 5067. Crookston, Minnesota.

Sec. 5068. Garrison and Kathio Township, Minnesota.

Sec. 5069. Northeastern Minnesota.

Sec. 5070. Desoto County, Mississippi.

Sec. 5071. Harrison, Hancock, and Jackson Counties, Mississippi.

Sec. 5072. Mississippi River, Missouri, and Illinois.

Sec. 5073. St. Louis, Missouri.

Sec. 5074. Delaware River, Trenton, New Jersey.

Sec. 5075. Hackensack Meadowlands area, New Jersey.

Sec. 5076. Atlantic Coast of New York.

Sec. 5077. College Point, New York City, New York.

Sec. 5078. Flushing Bay and Creek, New York City, New York.

Sec. 5079. Gateway Point, North Tonawanda, New York.

Sec. 5080. Little Neck Bay, Village of Kings Point, New York.

Sec. 5081. Onondaga Lake, New York.

Sec. 5082. Times Beach Dike, Buffalo, New York.

Sec. 5083. John H. Kerr Dam and Reservoir, North Carolina.

Sec. 5084. Stanly County, North Carolina.

Sec. 5085. Central Riverfront Park, Cincinnati, Ohio.

Sec. 5086. Piedmont Lake Dam, Ohio.

Sec. 5087. Ohio.

Sec. 5088. Waurika Lake, Oklahoma.

Sec. 5089. Columbia River, Oregon.

Sec. 5090. Eugene, Oregon.

Sec. 5091. John Day Lock and Dam, Lake Umatilla, Oregon and Washington.

Sec. 5092. Lowell, Oregon.

Sec. 5093. Hagerman’s Run, Williamsport, Pennsylvania.

Sec. 5094. Northeast Pennsylvania.

Sec. 5095. Susquehannock Campground access road, Raystown Lake, Pennsylvania.

Sec. 5096. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 5097. Washington, Greene, Westmoreland, and Fayette Counties, Pennsylvania.

Sec. 5098. Cano Martin Pena, San Juan, Puerto Rico.

Sec. 5099. Beaufort and Jasper Counties, South Carolina.

Sec. 5100. Cooper River, South Carolina.

Sec. 5101. Lakes Marion and Moultrie, South Carolina.

Sec. 5102. Upper Big Sioux River, Watertown, South Dakota.

Sec. 5103. Fritz Landing, Tennessee.
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Sec. 5104. J. Percy Priest Dam and Reservoir, Ohio River Basin, Tennessee.

Sec. 5105. Memphis, Tennessee.

Sec. 5106. Town Creek, Lenoir City, Tennessee.

Sec. 5107. East Tennessee.

Sec. 5108. Tennessee River partnership.

Sec. 5109. Clear Creek and tributaries, Harris, Galveston, and Brazoria Counties, Texas.

Sec. 5110. Harris County, Texas.

Sec. 5111. Harris Gully, Harris County, Texas.

Sec. 5112. Onion Creek, Texas.

Sec. 5113. Pelican Island, Texas.

Sec. 5114. Front Royal, Virginia.

Sec. 5115. Richmond National Battlefield Park, Richmond, Virginia.

Sec. 5116. Baker Bay and Ilwaco Harbor, Washington.

Sec. 5117. Chehalis River, Centralia, Washington.

Sec. 5118. Hamilton Island Campground, Washington.

Sec. 5119. Puget Island, Washington.

Sec. 5120. Bluestone, West Virginia.

Sec. 5121. West Virginia and Pennsylvania flood control.

Sec. 5122. Lower Kanawha River Basin, West Virginia.

Sec. 5123. Central West Virginia.

Sec. 5124. Southern West Virginia.

Sec. 5125. Construction of flood control projects by non-Federal interests.

Sec. 5126. Bridge authorization.

Sec. 5127. Additional assistance for critical projects.

Sec. 5128. Use of Federal hopper dredge fleet.

Sec. 5129. Wage surveys.

Sec. 5130. Purchase of American-made equipment and products.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 1001. PROJECT AUTHORIZATIONS.

7 (a) PROJECTS WITH CHIEF’S REPORTS.—Except as

8 otherwise provided in this section, the following projects

9 for water resources development and conservation and

10 other purposes are authorized to be carried out by the Sec11 retary substantially in accordance with the plans, and sub-
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1 ject to the conditions, described in the respective reports

2 designated in this section:

3 (1) TANQUE VERDE CREEK, ARIZONA.—The

4 project for environmental restoration, Tanque Verde

5 Creek, Arizona: Report of the Chief of Engineers,

6 dated July 22, 2003, at a total cost of $4,878,000,

7 with an estimated Federal cost of $3,170,700 and

8 an estimated non-Federal cost of $1,707,300.

9 (2) AMERICAN RIVER WATERSHED, CALI10 FORNIA.—

11 (A) IN GENERAL.—The project for flood

12 damage reduction and environmental restora13 tion, American River Watershed, California: Re14 port of the Chief of Engineers, dated November

15 5, 2002, at a total cost of $257,300,000, with

16 an estimated Federal cost of $201,200,000 and

17 an estimated non-Federal cost of $56,100,000;

18 except that the Secretary is authorized to ac19 cept funds from State and local governments

20 and other Federal agencies for the purpose of

21 constructing a permanent bridge instead of the

22 temporary bridge described in the recommended

23 plan and may construct such permanent bridge

24 if all additional costs for such bridge, above the

25 $36,000,000 provided for in the recommended
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1 plan for bridge construction, are provided by

2 such governments or agencies.

3 (B) EXPEDITING BRIDGE DESIGN AND

4 CONSTRUCTION.—The Secretary, in cooperation

5 with appropriate non-Federal interests, shall

6 immediately commence appropriate studies for,

7 and the design of, a permanent bridge (includ8 ing an evaluation of potential impacts of bridge

9 construction on traffic patterns and identifica10 tion of alternatives for mitigating such impacts)

11 and, upon execution of a cost-sharing agree12 ment with such non-Federal interests, shall pro13 ceed to construction of the bridge as soon as

14 practicable; except that such studies, design,

15 and construction shall not adversely affect the

16 schedule of design or construction of authorized

17 projects for flood damage reduction.

18 (3) PINE FLAT DAM AND RESERVOIR, CALI19 FORNIA.—The project for environmental restoration,

20 Pine Flat Dam and Reservoir, Fresno County, Cali21 fornia: Report of the Chief of Engineers, dated July

22 19, 2002, at a total cost of $38,480,000, with an es23 timated Federal cost of $24,930,000 and an esti24 mated non-Federal cost of $13,550,000.
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1 (4) SOUTH PLATTE RIVER, DENVER, COLO2 RADO.—The project for environmental restoration

3 Denver County Reach, South Platte River, Denver,

4 Colorado: Report of the Chief of Engineers, dated

5 May 16, 2003, at a total cost of $17,997,000, with

6 an estimated Federal cost of $11,698,000 and an es7 timated non-Federal cost of $6,299,000.

8 (5) PEORIA RIVERFRONT, ILLINOIS.—The

9 project for environmental restoration, Peoria River10 front, Illinois: Report of the Chief of Engineers,

11 dated July 28, 2003, at a total cost of $15,182,000,

12 with an estimated Federal cost of $9,868,000 and

13 an estimated non-Federal cost of $5,314,000.

14 (6) MORGANZA TO THE GULF OF MEXICO, LOU15 ISIANA.—

16 (A) IN GENERAL.—The project for hurri17 cane and storm damage reduction, Morganza to

18 the Gulf of Mexico, Louisiana: Reports of the

19 Chief of Engineers, dated August 23, 2002, and

20 July 22, 2003, at a total cost of $719,000,000,

21 with an estimated Federal cost of $467,000,000

22 and an estimated non-Federal cost of

23 $252,000,000.

24 (B) CREDIT.—The Secretary shall credit

25 toward the non-Federal share of the cost of the
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1 project the cost of work carried out by the non2 Federal interest for interim flood protection

3 after March 31, 1989, if the Secretary deter4 mines that the work is integral to the project.

5 (7) SMITH ISLAND, MARYLAND.—The project

6 for environmental restoration and protection, Smith

7 Island, Maryland: Report of the Chief of Engineers,

8 dated October 29, 2001, at a total cost of

9 $8,000,000, with an estimated Federal cost of

10 $5,200,000 and an estimated non-Federal cost of

11 $2,800,000.

12 (8) SOUTH RIVER, NEW JERSEY.—The project

13 for hurricane and storm damage reduction and envi14 ronmental restoration, South River, New Jersey: Re15 port of the Chief of Engineers, dated July 22, 2003,

16 at a total cost of $103,268,000, with an estimated

17 Federal cost of $67,124,000 and an estimated non18 Federal cost of $36,144,000.

19 (9) CORPUS CHRISTI SHIP CHANNEL, CORPUS

20 CHRISTI, TEXAS.—The project for navigation and

21 environmental restoration, Corpus Christi Ship

22 Channel, Texas, Channel Improvement Project: Re23 port of the Chief of Engineers dated June 2, 2003,

24 at a total cost of $153,808,000, with an estimated
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1 Federal cost of $73,554,000 and an estimated non2 Federal cost of $80,254,000.

3 (10) MATAGORDA BAY, TEXAS.—The project for

4 navigation, Gulf Intracoastal Waterway, Brazos

5 River to Port O’Connor, Matagorda Bay Re-Route,

6 Texas: Report of the Chief of Engineers, dated De7 cember 4, 2002, at a total cost of $14,515,000. The

costs of construction of the project are to be paid 1 8 ⁄2

9 from amounts appropriated from the general fund of

the Treasury and 1 10 ⁄2 from amounts appropriated

11 from the Inland Waterways Trust Fund.

12 (11) RIVERSIDE OXBOW, FORT WORTH,

13 TEXAS.—

14 (A) IN GENERAL.—The project for envi15 ronmental restoration, Riverside Oxbow, Fort

16 Worth, Texas: Report of the Chief of Engineers

17 dated May 29, 2003, at a total cost of

18 $22,200,000, with an estimated Federal cost of

19 $9,180,000 and an estimated non-Federal cost

20 of $13,020,000.

21 (B) CREDIT.—The Secretary shall credit

22 toward the non-Federal share of the cost of the

23 project the cost of design and construction work

24 carried out on the Beach Street Dam and asso25 ciated features by the non-Federal interest be-
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1 fore the date of the partnership agreement for

2 the project if the Secretary determines that the

3 work is integral to the project.

4 (12) DEEP CREEK, CHESAPEAKE, VIRGINIA.—

5 The project for the Atlantic Intracoastal Waterway

6 Bridge Replacement, Deep Creek, Chesapeake, Vir7 ginia: Report of the Chief of Engineers, dated March

8 3, 2003, at a total cost of $22,178,000.

9 (b) PROJECTS SUBJECT TO FINAL REPORT.—The

10 following projects for water resources development and

11 conservation and other purposes are authorized to be car12 ried out by the Secretary substantially in accordance with

13 the plans, and subject to the conditions, recommended in

14 a final report of the Chief of Engineers if a favorable re15 port of the Chief is completed not later than December

16 31, 2003:

17 (1) BEL MARIN KEYS UNIT V, CALIFORNIA.—

18 The project for environmental restoration, Bel Marin

19 Keys Unit V, California, at a total cost of

20 $133,600,000, with an estimated Federal cost of

21 $100,200,000 and an estimated non-Federal cost of

22 $33,400,000.

23 (2) IMPERIAL BEACH, CALIFORNIA.—The

24 project for storm damage reduction, Imperial Beach,

25 California, at a total cost of $11,922,000, with an
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1 estimated Federal cost of $7,630,000 and an esti2 mated non-Federal cost of $4,292,000.

3 (3) GWYNNS FALLS, MARYLAND.—The project

4 for environmental restoration, Gwynns Falls, Mary5 land, at a total cost of $14,660,000.

6 (4) MANASQUAN TO BARNEGAT INLETS, NEW

7 JERSEY.—The project for hurricane and storm dam8 age reduction, Manasquan to Barnegat Inlets, New

9 Jersey, at a total cost of $60,649,000, with an esti10 mated Federal cost of $39,422,000 and an esti11 mated non-Federal cost of $21,227,000.

12 (5) CENTRALIA, CHEHALIAS RIVER, WASH13 INGTON.—The project for flood damage reduction,

14 Centralia, Chehalias River, Washington, at a total

15 cost of $86,872,000, with an estimated Federal cost

16 of $56,467,000 and an estimated non-Federal cost

17 of $30,405,000.

18 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC19 TION.

20 (a) IN GENERAL.—The Secretary shall conduct a

21 study for each of the following projects and, if the Sec22 retary determines that a project is feasible, may carry out

23 the project under section 205 of the Flood Control Act

24 of 1948 (33 U.S.C. 701s):
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1 (1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.—

2 Project for flood damage reduction, Cache River

3 basin, Grubbs, Arkansas.

4 (2) SANTA ANA RIVER BASIN AND ORANGE

5 COUNTY STREAMS, CALIFORNIA.—Project for flood

6 damage reduction, Santa Ana River basin and Or7 ange County streams, California.

8 (3) STONY CREEK, OAK LAWN, ILLINOIS.—

9 Project for flood damage reduction, Stony Creek,

10 Oak Lawn, Illinois.

11 (4) OLIVE HILL AND VICINITY, KENTUCKY.—

12 Project for flood damage reduction, Olive Hill and

13 vicinity, Kentucky.

14 (5) NASHUA RIVER, FITCHBURG, MASSACHU15 SETTS.—Project for flood damage reduction, Nashua

16 River, Fitchburg, Massachusetts.

17 (6) SAGINAW RIVER, HAMILTON DAM, FLINT,

18 MICHIGAN.—Project for flood damage reduction,

19 Saginaw River, Hamilton Dam, Flint, Michigan.

20 (7) MARSH CREEK, MINNESOTA.—Project for

21 flood damage reduction, Marsh Creek, Minnesota.

22 (8) ROSEAU RIVER, ROSEAU, MINNESOTA.—

23 Project for flood damage reduction, Roseau River,

24 Roseau, Minnesota.
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1 (9) SOUTH BRANCH OF THE WILD RICE RIVER,

2 BORUP, MINNESOTA.—Project for flood damage re3 duction, South Branch of the Wild Rice River,

4 Borup, Minnesota.

5 (10) TWIN VALLEY LAKE, WILD RICE RIVER,

6 MINNESOTA.—Project for flood damage reduction,

7 Twin Valley Lake, Wild Rice River, Minnesota.

8 (11) BLACKSNAKE CREEK, ST. JOSEPH, MIS9 SOURI.—Project for flood damage reduction, Black10 snake Creek, St. Joseph, Missouri.

11 (12) MCKEEL BROOK, NEW JERSEY.—Project

12 for flood damage reduction, McKeel Brook, New

13 Jersey.

14 (13) EAST RIVER, SILVER BEACH, NEW YORK

15 CITY, NEW YORK.—Project for flood damage reduc16 tion, East River, Silver Beach, New York City, New

17 York.

18 (14) RAMAPO RIVER, TOWN OF MONROE AND

19 VILLAGES OF MONROE, KIRYAS JOEL, AND HAR20 RIMAN, NEW YORK.—Project for flood damage re21 duction, Ramapo River, Town of Monroe and Vil22 lages of Monroe, Kiryas Joel, and Harriman, New

23 York.
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1 (15) LITTLE MILL CREEK, SOUTHAMPTON,

2 PENNSYLVANIA.—Project for flood damage reduc3 tion, Little Mill Creek, Southampton, Pennsylvania.

4 (16) LITTLE NESHAMINY CREEK, WARRENTON,

5 PENNSYLVANIA.—Project for flood damage reduc6 tion, Little Neshaminy Creek, Warrenton, Pennsyl7 vania.

8 (17) SURFSIDE BEACH, SOUTH CAROLINA.—

9 Project for flood damage reduction, Surfside Beach

10 and vicinity, South Carolina.

11 (b) SPECIAL RULES.—In carrying out the project for

12 flood damage reduction, South Branch of the Wild Rice

13 River, Borup, Minnesota, referred to in subsection (a)(9)

14 the Secretary may consider national ecosystem restoration

15 benefits in determining the Federal interest in the project

16 and shall allow the non-Federal interest to participate in

17 the financing of the project in accordance with section

18 903(c) of the Water Resources Development Act of 1986

19 (100 Stat. 4184) to the extent that the Secretary’s evalua20 tion indicates that applying such section is necessary to

21 implement the project.

22 SEC. 1003. SMALL PROJECTS FOR EMERGENCY

23 STREAMBANK PROTECTION.

24 The Secretary shall conduct a study for each of the

25 following projects and, if the Secretary determines that
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1 a project is feasible, may carry out the project under sec2 tion 14 of the Flood Control Act of 1946 (33 U.S.C.

3 701r):

4 (1) OUACHITA AND BLACK RIVERS, ARKAN5 SAS.—Project for emergency streambank protection,

6 Ouachita and Black Rivers, Arkansas.

7 (2) MELVINA DITCH, CHICAGO RIDGE, ILLI8 NOIS.—Project for emergency streambank protection

9 for the east side of Melvina Ditch in the vicinity of

10 96th Street and Nashville Avenue, Chicago Ridge,

11 Illinois.

12 (3) RED LAKE FALLS, MINNESOTA.—Project for

13 emergency streambank protection, Red Lake River,

14 Red Lake Falls, Minnesota.

15 (4) MIDDLE FORK GRAND RIVER, GENTRY

16 COUNTY, MISSOURI.—Project for emergency

17 streambank protection, Middle Fork Grand River,

18 Gentry County, Missouri.

19 (5) SHREWSBURY RIVER, RUMSON, NEW JER20 SEY.—Project for emergency streambank protection,

21 Shrewsbury River, Rumson, New Jersey.

22 (6) KOWAWESE UNIQUE AREA AND HUDSON

23 RIVER, NEW WINDSOR, NEW YORK.—Project for

24 emergency streambank protection, Kowawese Unique

25 Area and Hudson River, New Windsor, New York.
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1 SEC. 1004. SMALL PROJECTS FOR NAVIGATION.

2 The Secretary shall conduct a study for each of the

3 following projects and, if the Secretary determines that

4 a project is feasible, may carry out the project under sec5 tion 107 of the River and Harbor Act of 1960 (33 U.S.C.

6 577):

7 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN8 SAS.—Project for navigation, Blytheville County

9 Harbor, Arkansas.

10 (2) PALM BEACH HARBOR, FLORIDA.—Project

11 for navigation, Palm Beach Harbor, Florida.

12 (3) EVANSTON, ILLINOIS.—Project for naviga13 tion, Evanston, Illinois.

14 (4) MISSISSIPPI RIVER SHIP CHANNEL, LOU15 ISIANA.—Project for navigation, Mississippi River

16 Ship Channel, Louisiana.

17 (5) AU SABLE RIVER, MICHIGAN.—Project for

18 navigation, Au Sable River in the vicinity of Oscoda,

19 Michigan.

20 (6) NIAGARA FRONTIER TRANSPORTATION AU21 THORITY BOAT HARBOR, BUFFALO, NEW YORK.—

22 Project for navigation, Niagara Frontier Transpor23 tation Authority Boat Harbor, Buffalo, New York.

24 (7) WOODLAWN MARINA, LACKAWANNA, NEW

25 YORK.—Project for navigation, Woodlawn Marina,

26 Lackawanna, New York.
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1 (8) BAKER BAY AND ILWACO HARBOR, WASH2 INGTON.—Project for navigation, Baker Bay and

3 Ilwaco Harbor, Washington.

4 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE

5 QUALITY OF THE ENVIRONMENT.

6 The Secretary shall conduct a study for the following

7 project and, if the Secretary determines that the project

8 is appropriate, may carry out the project under section

9 1135 of the Water Resources Development Act of 1986

10 (33 U.S.C. 2309a): Project for improvement of the quality

11 of the environment, Smithville Lake, Missouri.

12 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM

13 RESTORATION.

14 The Secretary shall conduct a study for each of the

15 following projects and, if the Secretary determines that

16 a project is appropriate, may carry out the project under

17 section 206 of the Water Resources Development Act of

18 1996 (33 U.S.C. 2330):

19 (1) COLORADO RIVER, YUMA, ARIZONA.—

20 Project for aquatic ecosystem restoration, Colorado

21 River, Yuma, Arizona.

22 (2) CHINO VALLEY, CALIFORNIA.—Project for

23 aquatic ecosystem restoration, Chino Valley, Cali24 fornia.
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1 (3) NEW AND ALAMO RIVERS, IMPERIAL COUN2 TY, CALIFORNIA.—Project for aquatic ecosystem res3 toration, New and Alamo Rivers, Imperial County,

4 California, including efforts to address invasive

5 aquatic plant species.

6 (4) SAN DIEGO RIVER, CALIFORNIA.—Project

7 for aquatic ecosystem restoration, San Diego River,

8 California, including efforts to address invasive

9 aquatic plant species.

10 (5) STOCKTON DEEP WATER SHIP CHANNEL

11 AND LOWER SAN JOAQUIN RIVER, CALIFORNIA.—

12 Project for aquatic ecosystem restoration, Stockton

13 Deep Water Ship Channel and lower San Joaquin

14 River, California.

15 (6) SWEETWATER RESERVOIR, SAN DIEGO

16 COUNTY, CALIFORNIA.—Project for aquatic eco17 system restoration, Sweetwater Reservoir, San Diego

18 County, California, including efforts to address

19 invasive aquatic plant species.

20 (7) BISCAYNE BAY, FLORIDA.—Project for

21 aquatic ecosystem restoration, Biscayne Bay, Key

22 Biscayne, Florida.

23 (8) DESTIN HARBOR, FLORIDA.—Project for

24 aquatic ecosystem restoration, Destin Harbor, Flor25 ida.
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1 (9) CHATTAHOOCHEE RIVER, COLUMBUS, GEOR2 GIA, AND PHENIX CITY, ALABAMA.—Project for

3 aquatic ecosystem restoration, City Mills Dam and

4 Eagle and Phenix Dam, Chattahoochee River, Co5 lumbus, Georgia, and Phenix City, Alabama.

6 (10) CHATTAHOOCHEE RIVER AND OCMULGEE

7 RIVER BASINS, GEORGIA.—Project for aquatic eco8 system restoration, Chattahoochee River and

9 Ocmulgee River basins, Gwinnett County, Georgia.

10 (11) SNAKE RIVER, JEROME, IDAHO.—Project

11 for aquatic ecosystem restoration, Snake River, Je12 rome, Idaho.

13 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC14 TION.

15 The Secretary shall conduct a study for the following

16 project and, if the Secretary determines that the project

17 is feasible, may carry out the project under section 3 of

18 the Act entitled ‘‘An Act authorizing Federal participation

19 in the cost of protecting the shores of publicly owned prop20 erty’’, approved August 13, 1946 (33 U.S.C. 426g):

21 Project for shoreline protection, Nelson Lagoon, Alaska.

22 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI23 MENT REMOVAL.

24 The Secretary shall conduct a study for the following

25 project and, if the Secretary determines that the project
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1 is feasible, the Secretary may carry out the project under

2 section 2 of the Flood Control Act of August 28, 1937

3 (33 U.S.C. 701g): Project for removal of snags and clear4 ing and straightening of channels for flood control,

5 Kowawese Unique Area and Hudson River, New Windsor,

6 New York.

7 TITLE II—GENERAL PROVISIONS

8 SEC. 2001. ANNUAL PASSES FOR RECREATION.

9 Section 208(c)(4) of the Water Resources Develop10 ment Act of 1996 (16 U.S.C. 460d–3 note; 110 Stat.

11 3681; 113 Stat. 294) is amended by striking ‘‘the Decem12 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.

13 SEC. 2002. NON-FEDERAL CONTRIBUTIONS.

14 Section 103 of the Water Resources Development Act

15 of 1986 (33 U.S.C. 2213) is amended by adding at the

16 end the following:

17 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.—

18 ‘‘(1) PROHIBITION ON SOLICITATION OF EX19 CESS CONTRIBUTIONS.—The Secretary may not so20 licit contributions from non-Federal interests for

21 costs of constructing authorized water resources de22 velopment projects or measures in excess of the non23 Federal share assigned to the appropriate project

24 purposes listed in subsections (a), (b), and (c) or
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1 condition Federal participation in such projects or

2 measures on the receipt of such contributions.

3 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this subsection shall be construed

5 to affect the Secretary’s authority under section

6 903(c) of this Act.’’.

7 SEC. 2003. HARBOR COST SHARING.

8 (a) PAYMENTS DURING CONSTRUCTION.—Section

9 101(a)(1) of the Water Resources Development Act of

10 1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended

11 in each of subparagraphs (B) and (C) by striking ‘‘45

12 feet’’ and inserting ‘‘53 feet’’.

13 (b) OPERATION AND MAINTENANCE.—Section

14 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended

15 by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’.

16 (c) DEFINITIONS.—Section 214 of such Act (33

17 U.S.C. 2241; 100 Stat. 4108) is amended in each of para18 graphs (1) and (3) by striking ‘‘45 feet’’ and inserting

19 ‘‘53 feet’’.

20 (d) APPLICABILITY.—The amendments made by sub21 sections (a), (b), and (c) shall apply only to a project, or

22 separable element of a project, on which a contract for

23 physical construction has not been awarded before the

24 date of enactment of this Act.
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1 SEC. 2004. FUNDING TO PROCESS PERMITS.

2 Section 214(a) of the Water Resources Development

3 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is

4 amended by striking ‘‘2003’’ and inserting ‘‘2005’’.

5 SEC. 2005. NATIONAL SHORELINE EROSION CONTROL DE6 VELOPMENT AND DEMONSTRATION PRO7 GRAM.

8 (a) EXTENSION OF PROGRAM.—Section 5(a) of the

9 Act entitled ‘‘An Act authorizing Federal participation in

10 the cost of protecting the shores of publicly owned prop11 erty’’, approved August 13, 1946 (33 U.S.C. 426h(a)), is

12 amended by striking ‘‘6 years’’ and inserting ‘‘10 years’’.

13 (b) EXTENSION OF PLANNING, DESIGN, AND CON14 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33

15 U.S.C. 426h(b)(1)(A)) is amended by striking ‘‘3 years’’

16 and inserting ‘‘6 years’’.

17 (c) COST-SHARING; REMOVAL OF PROJECTS.—Sec18 tion 5(b) of such Act (33 U.S.C. 426h(b)) is amended—

19 (1) by redesignating paragraphs (3) and (4) as

20 paragraphs (5) and (6), respectively; and

21 (2) by inserting after paragraph (2) the fol22 lowing:

23 ‘‘(3) COST SHARING.—The Secretary may enter

24 into a cost-sharing agreement with a non-Federal in25 terest to carry out a project, or a phase of a project,
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1 under the erosion control program in cooperation

2 with the non-Federal interest.

3 ‘‘(4) REMOVAL OF PROJECTS.—The Secretary

4 may pay all or a portion of the costs of removing a

5 project, or an element of a project, constructed

6 under the erosion control program if the Secretary

7 determines during the term of the program that the

8 project or element is detrimental to the environment,

9 private property, or public safety.’’.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

11 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended

12 by striking ‘‘$21,000,000’’ and inserting ‘‘$31,000,000’’.

13 SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES

14 PROJECTS.

15 (a) PARTNERSHIP AGREEMENTS.—Section 221 of

16 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is

17 amended—

18 (1) in subsection (a)—

19 (A) by striking ‘‘under the provisions’’ and

20 all that follows through ‘‘under any other’’ and

21 inserting ‘‘under any’’;

22 (B) by striking ‘‘to furnish its required co23 operation for’’ and inserting ‘‘under which each

24 party agrees to carry out its responsibilities and
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1 requirements for implementation or construc2 tion of’’; and

3 (C) by inserting after ‘‘$25,000.’’ the fol4 lowing: ‘‘Such agreement may include a provi5 sion for damages in the event of a failure of one

6 or more parties to perform.’’;

7 (2) by redesignating subsection (e) as sub8 section (f); and

9 (3) by inserting after subsection (d) the fol10 lowing:

11 ‘‘(e) LIMITATION.—Nothing in subsection (a) shall be

12 construed as limiting the authority of the Secretary to en13 sure that a agreement under this section meets all require14 ments of law and policies of the Secretary in effect on the

15 date of entry into the agreement.’’.

16 (b) LOCAL COOPERATION.—Section 912(b) of the

17 Water Resources Development Act of 1986 (101 Stat.

18 4190) is amended—

19 (1) in paragraph (2)—

20 (A) by striking ‘‘shall’’ the first place it

21 appears and inserting ‘‘may’’; and

22 (B) by striking the last sentence; and

23 (2) in paragraph (4)—

24 (A) by inserting after ‘‘injunction, for’’ the

25 following: ‘‘payment of damages or, for’’;
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1 (B) by striking ‘‘to collect a civil penalty

2 imposed under this section,’’; and

3 (C) by striking ‘‘any civil penalty imposed

4 under this section,’’ and inserting ‘‘any liq5 uidated damages,’’.

6 (c) APPLICABILITY.—The amendments made by sub7 sections (a) and (b) only apply to partnership agreements

8 entered into after the date of enactment of this Act; except

9 that at the request of a non-Federal interest for a project

10 the district engineer for the district in which the project

11 is located may amend a project partnership agreement en12 tered into on or before such date and under which con13 struction on the project has not been initiated as of such

14 date of enactment for the purpose of incorporating such

15 amendments.

16 (d) PARTNERSHIP AND COOPERATIVE ARRANGE17 MENTS.—

18 (1) IN GENERAL.—Agreements entered into

19 under section 221 of the Flood Control Act of 1970

20 (42 U.S.C. 1962d–5(b)) shall further partnership

21 and cooperative arrangements with non-Federal in22 terests and shall be referred to as ‘‘partnership

23 agreements’’.

24 (2) REFERENCES TO COOPERATION AGREE25 MENTS.—Any reference in a law, regulation, docu-
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1 ment, or other paper of the United States to a co2 operation agreement or project cooperation agree3 ment shall be treated to be a reference to a partner4 ship agreement or a project partnership agreement,

5 respectively.

6 (3) REFERENCES TO PARTNERSHIP AGREE7 MENTS.—Any reference to a partnership agreement

8 or project partnership agreement in this Act (other

9 than this section) shall be treated as a reference to

10 a cooperation agreement or a project cooperation

11 agreement, respectively.

12 (e) ENTRY OF AGREEMENT WITH DISTRICT ENGI13 NEER.—After January 1, 2005, the agreement required

14 to be entered into under section 221(a) of the Flood Con15 trol Act of 1970 (42 U.S.C. 1962d–5b(a)) shall be entered

16 into with the district engineer for the district in which the

17 project will be carried out, unless, before that date, the

18 Secretary issues policies and guidelines for partnership

19 agreements and delegates to the district engineers, at a

20 minimum—

21 (1) the authority to approve any policy in a

22 partnership agreement that has appeared in an

23 agreement previously approved by the Secretary;

24 (2) the authority to approve any policy in a

25 partnership agreement the specific terms of which
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1 are dictated by law, or by a final feasibility study,

2 final environmental impact statement, or other final

3 decision document for a water resources development

4 project;

5 (3) the authority to approve any partnership

6 agreement that complies with the policies and guide7 lines issued by the Secretary; and

8 (4) the authority to sign any partnership agree9 ment for any water resources development project

10 unless, within 30 days of the date of authorization

11 of the project, the Secretary notifies the district en12 gineer in which the project will be carried out that

13 the Secretary wishes to retain the prerogative to

14 sign the partnership agreement for that project.

15 (f) PUBLIC AVAILABILITY.—Not later than the 120th

16 day following the date of enactment of this Act, the Chief

17 of Engineers shall ensure that each district engineer has

18 made available on the Internet all partnership agreements

19 entered into under section 221 of the Flood Control Act

20 of 1970 (42 U.S.C. 1962d–5(b)) within the preceding 10

21 years and all partnership agreements for water resources

22 development projects currently being carried out in that

23 district and shall make any partnership agreements en24 tered into after such date of enactment available on the
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1 Internet within 7 days of the date on which such agree2 ment is entered into.

3 SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION,

4 AND REUSE.

5 (a) IN GENERAL.—The Secretary may provide to

6 State and local governments assessment, planning, and

7 design assistance for remediation, environmental restora8 tion, or reuse of areas located within the boundaries of

9 such State or local governments where such remediation,

10 environmental restoration, or reuse will contribute to the

11 improvement of water quality or the conservation of water

12 and related resources of drainage basins and watersheds

13 within the United States.

14 (b) NON-FEDERAL SHARE.—The non-Federal share

15 of the cost of assistance provided under subsection (a)

16 shall be 50 percent.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated to carry out this section

19 $30,000,000 for each of fiscal years 2004 through 2008.

20 SEC. 2008. COMPILATION OF LAWS.

21 Within one year after the date of enactment of this

22 Act, the laws of the United States relating to the improve23 ment of rivers and harbors, flood control, beach erosion,

24 and other water resources development enacted after No25 vember 8, 1966, and before January 1, 2004, shall be
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1 compiled under the direction of the Secretary and the

2 Chief of Engineers and printed for the use of the Depart3 ment of the Army, Congress, and the general public. The

4 Secretary shall reprint the volumes containing such laws

5 enacted before November 8, 1966. In addition, the Sec6 retary shall include an index in each volume so compiled

7 or reprinted. Not later than December 1, 2004, the Sec8 retary shall transmit at least 25 copies of each such vol9 ume to the Committee on Transportation and Infrastruc10 ture of the House of Representatives and the Committee

11 on Environment and Public Works of the Senate.

12 SEC. 2009. DREDGED MATERIAL DISPOSAL.

13 Section 217 of the Water Resources Development Act

14 of 1996 (33 U.S.C. 2326a; 110 Stat. 3694–3696) is

15 amended—

16 (1) by redesignating subsection (c) as sub17 section (d);

18 (2) by inserting after subsection (b) the fol19 lowing:

20 ‘‘(c) GOVERNMENTAL PARTNERSHIPS.—

21 ‘‘(1) IN GENERAL.—The Secretary may enter

22 into cost-sharing agreements with 1 or more non23 Federal public interests with respect to a project, or

24 group of projects within a geographic region if ap25 propriate, for the acquisition, design, construction,
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1 management, or operation of a dredged material

2 processing, treatment, contaminant reduction, or

3 disposal facility (including any facility used to dem4 onstrate potential beneficial uses of dredged mate5 rial, which may include effective sediment contami6 nant reduction technologies) using funds provided in

7 whole or in part by the Federal Government. One or

8 more of the parties of the agreement may perform

9 the acquisition, design, construction, management,

10 or operation of a dredged material processing, treat11 ment, or disposal facility. If appropriate, the Sec12 retary may combine portions of separate construc13 tion or maintenance appropriations from separate

14 Federal projects with the appropriate combined cost15 sharing between the various projects when the facil16 ity serves to manage dredged material from multiple

17 Federal projects located in the geographic region of

18 the facility.

19 ‘‘(2) PUBLIC FINANCING.—

20 ‘‘(A) AGREEMENTS.—

21 ‘‘(i) SPECIFIED FEDERAL FUNDING

22 SOURCES AND COST SHARING.—The cost23 sharing agreement used shall clearly speci24 fy the Federal funding sources and com25 bined cost-sharing when applicable to mul-
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1 tiple Federal navigation projects and the

2 responsibilities and risks of each of the

3 parties related to present and future

4 dredged material managed by the facility.

5 ‘‘(ii) MANAGEMENT OF SEDIMENTS.—

6 The cost-sharing agreement may include

7 the management of sediments from the

8 maintenance dredging of Federal naviga9 tion projects that do not have partnership

10 agreements. The cost-sharing agreement

11 may allow the non-Federal sponsor to re12 ceive reimbursable payments from the Fed13 eral Government for commitments made by

14 the sponsor for disposal or placement ca15 pacity at dredged material treatment, proc16 essing, contaminant reduction, or disposal

17 facilities.

18 ‘‘(iii) CREDIT.—The cost-sharing

19 agreement may allow costs incurred prior

20 to execution of a partnership agreement

21 for construction or the purchase of equip22 ment or capacity for the project to be cred23 ited according to existing cost-sharing

24 rules.
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1 ‘‘(B) CREDIT.—Nothing in this subsection

2 supersedes or modifies existing agreements be3 tween the Federal Government and any non4 Federal sponsors for the cost-sharing, construc5 tion, and operation and maintenance of Federal

6 navigation projects. Subject to the approval of

7 the Secretary and in accordance with existing

8 laws, regulations, and policies, a non-Federal

9 public sponsor of a Federal navigation project

10 may seek credit for funds provided in the acqui11 sition, design, construction, management, or op12 eration of a dredged material processing, treat13 ment, or disposal facility to the extent the facil14 ity is used to manage dredged material from

15 the Federal navigation project. The non-Federal

16 sponsor shall be responsible for providing all

17 necessary lands, easements, rights-of-way, or

18 relocations associated with the facility and shall

19 receive credit for these items.’’; and

20 (3) in each of subsections (d)(1) and (d)(2)(A),

21 as so redesignated—

22 (A) by inserting ‘‘and maintenance’’ after

23 ‘‘operation’’; and
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1 (B) by inserting ‘‘processing, treatment,

2 or’’ after ‘‘dredged material’’ the first place it

3 appears.

4 SEC. 2010. WETLANDS MITIGATION.

5 In carrying out a water resources project that in6 volves wetlands mitigation and that has impacts that occur

7 within the service area of a mitigation bank, the Secretary,

8 to the maximum extent practicable and where appropriate,

9 shall give preference to the use of the mitigation bank if

10 the bank contains sufficient available credits to offset the

11 impact and the bank is approved in accordance with the

12 Federal Guidance for the Establishment, Use and Oper13 ation of Mitigation Banks (60 Fed. Reg. 58605) or other

14 applicable Federal law (including regulations).

15 SEC. 2011. REMOTE AND SUBSISTENCE HARBORS.

16 (a) IN GENERAL.—In conducting a study of harbor

17 and navigation improvements, the Secretary may rec18 ommend a project without the need to demonstrate that

19 the project is justified solely by national economic develop20 ment benefits if the Secretary determines that—

21 (1)(A) the community to be served by the

22 project is at least 70 miles from the nearest surface

23 accessible commercial port and has no direct rail or

24 highway link to another community served by a sur25 face accessible port or harbor; or
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1 (B) the project would be located in the Com2 monwealth of Puerto Rico, Guam, the Common3 wealth of the Northern Mariana Islands, or Amer4 ican Samoa;

5 (2) the harbor is economically critical such that

6 over 80 percent of the goods transported through

7 the harbor would be consumed within the community

8 served by the harbor and navigation improvement;

9 and

10 (3) the long-term viability of the community

11 would be threatened without the harbor and naviga12 tion improvement.

13 (b) JUSTIFICATION.—In considering whether to rec14 ommend a project under subsection (a), the Secretary

15 shall consider the benefits of the project to—

16 (1) public health and safety of the local commu17 nity, including access to facilities designed to protect

18 public health and safety;

19 (2) access to natural resources for subsistence

20 purposes;

21 (3) local and regional economic opportunities;

22 (4) welfare of the local population; and

23 (5) social and cultural value to the community.
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1 SEC. 2012. BENEFICIAL USES OF DREDGED MATERIAL.

2 (a) IN GENERAL.—Section 204 of the Water Re3 sources Development Act of 1992 (33 U.S.C. 2326) is

4 amended by striking subsections (c) through (g) and in5 serting the following:

6 ‘‘(c) IN GENERAL.—The Secretary may carry out

7 projects to transport and place suitable material dredged

8 in connection with the construction, operation, or mainte9 nance of an authorized navigation project at locations se10 lected by a non-Federal entity for use in the construction,

11 repair, or rehabilitation of projects determined by the Sec12 retary to be in the public interest and associated with navi13 gation, flood damage reduction, hydroelectric power, mu14 nicipal and industrial water supply, agricultural water

15 supply, recreation, hurricane and storm damage reduction,

16 aquatic plant control, and environmental protection and

17 restoration.

18 ‘‘(d) COOPERATIVE AGREEMENT.—Any project un19 dertaken pursuant to this section shall be initiated only

20 after non-Federal interests have entered into an agree21 ment with the Secretary in which the non-Federal inter22 ests agree to pay the non-Federal share of the cost of con23 struction of the project and 100 percent of the cost of

24 operation, maintenance, replacement, and rehabilitation of

25 the project in accordance with section 103 of the Water

26 Resources Development Act of 1986 (33 U.S.C. 2213).
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1 ‘‘(e) SPECIAL RULE.—Construction of a project

2 under subsection (a) for the protection and restoration of

3 aquatic and ecologically related habitat the cost of which

4 does not exceed $750,000 and which will be located in a

5 disadvantaged community as determined by the Secretary

6 may be carried out at Federal expense.

7 ‘‘(f) DETERMINATION OF CONSTRUCTION COSTS.—

8 Costs associated with construction of a project under this

9 section shall be limited solely to construction costs that

10 are in excess of those costs necessary to carry out the

11 dredging for construction, operation, or maintenance of

12 the authorized navigation project in the most cost effective

13 way, consistent with economic, engineering, and environ14 mental criteria.

15 ‘‘(g) SELECTION OF DREDGED MATERIAL DISPOSAL

16 METHOD.—In developing and carrying out a project for

17 navigation involving the disposal of dredged material, the

18 Secretary may select, with the consent of the non-Federal

19 interest, a disposal method that is not the least-cost option

20 if the Secretary determines that the incremental costs of

21 such disposal method are reasonable in relation to the en22 vironmental benefits, including the benefits to the aquatic

23 environment to be derived from the creation of wetlands

24 and control of shoreline erosion. The Federal share of such
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1 incremental costs shall be determined in accordance with

2 subsection (d).

3 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec4 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

5 1962d–5b), for any project carried out under this section,

6 a non-Federal interest may include a nonprofit entity, with

7 the consent of the affected local government.

8 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated $30,000,000 annually for

10 projects under this section of which not more than

11 $3,000,000 annually may be used for construction of

12 projects described in subsection (e). Such sums shall re13 main available until expended.

14 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN15 NING.—In consultation with appropriate State and Fed16 eral agencies, the Secretary may develop, at Federal ex17 pense, plans for regional management of material dredged

18 in conjunction with the construction, operation, or mainte19 nance of navigation projects, including potential beneficial

20 uses of dredged material for construction, repair, or reha21 bilitation of public projects for navigation, flood damage

22 reduction, hydroelectric power, municipal and industrial

23 water supply, agricultural water supply, recreation, hurri24 cane and storm damage reduction, aquatic plant control,

25 and environmental protection and restoration.’’.
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1 (b) REPEAL.—

2 (1) IN GENERAL.—Section 145 of the Water

3 Resources Development Act of 1976 (33 U.S.C.

4 426j) is repealed.

5 (2) HOLD HARMLESS.—The repeal made by

6 paragraph (1) shall not affect the authority of the

7 Secretary to complete any project being carried out

8 under such section 145 on the day before the date

9 of enactment of this Act.

10 (c) PRIORITY AREAS.—In carrying out section 204

11 of the Water Resources Development Act of 1992 (33

12 U.S.C. 2326), the Secretary shall give priority to a project

13 for the beaches of Bogues Bank in the vicinity of More14 head City, North Carolina, and a project in the vicinity

15 of the Smith Point Park Pavilion and the TWA Flight

16 800 Memorial, Brookhaven, New York.

17 SEC. 2013. COST SHARING PROVISIONS FOR CERTAIN

18 AREAS.

19 Section 1156 of the Water Resources Development

20 Act of 1986 (33 U.S.C. 2310; 100 Stat. 4256) is amended

21 to read as follows:

22 ‘‘SEC. 1156. COST SHARING PROVISIONS FOR CERTAIN

23 AREAS.

24 ‘‘The Secretary shall waive local cost-sharing require25 ments up to $500,000 for all studies and projects in the
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1 Commonwealth of Puerto Rico, American Samoa, Guam,

2 the Commonwealth of the Northern Mariana Islands, and

3 the United States Virgin Islands, in Indian country (as

4 defined in section 1151 of title 18, United States Code,

5 and including lands that are within the jurisdictional area

6 of an Oklahoma Indian tribe, as determined by the Sec7 retary of the Interior, and are recognized by the Secretary

8 of the Interior as eligible for trust land status under part

9 151 of title 25, Code of Federal Regulations) or on land

10 in the State of Alaska owned by an Alaska Native Re11 gional Corporation or an Alaska Native Village Corpora12 tion (as those terms are defined in the Alaska Native

13 Claims Settlement Act (43 U.S.C. 1601 et seq.)) or the

14 Metlakatla Indian community.’’.

15 SEC. 2014. REVISION OF PROJECT PARTNERSHIP AGREE16 MENT.

17 Upon authorization by law of an increase in the max18 imum amount of Federal funds that may be allocated for

19 a project or an increase in the total cost of a project au20 thorized to be carried out by the Secretary, the Secretary

21 shall revise the project partnership agreement for the

22 project to take into account the change in Federal partici23 pation in the project.
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1 SEC. 2015. COST SHARING.

2 An increase in the maximum amount of Federal

3 funds that may be allocated for a project or an increase

4 in the total cost of a project authorized to be carried out

5 by the Secretary shall not affect any cost sharing require6 ment applicable to the project under title I of the Water

7 Resources Development Act of 1986 (33 U.S.C. 2211 et

8 seq.).

9 SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PART10 NERSHIP AGREEMENT.

11 If the Secretary is authorized to credit toward the

12 non-Federal share the cost of work carried out by the non13 Federal interest before the date of the partnership agree14 ment for the project and such work has not been carried

15 out as of the date of enactment of this Act, the Secretary

16 shall enter into an agreement with the non-Federal inter17 est for the project under which the non-Federal interest

18 shall carry out such work, and the credit shall apply only

19 to work carried out under the agreement.

20 SEC. 2017. RECREATION USER FEE REVENUES.

21 Section 225 of the Water Resources Development Act

22 of 1999 (113 Stat. 297–298) is amended—

23 (1) in subsection (a)(1) by striking ‘‘During fis24 cal years 1999 through 2002, the’’ and inserting

25 ‘‘The’’; and
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1 (2) in subsection (a)(3) by striking ‘‘September

2 30, 2005’’ and inserting ‘‘expended’’.

3 SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD

4 DAMAGE REDUCTION.

5 The Secretary shall expedite any authorized planning,

6 design, and construction of any project for flood damage

7 reduction for an area that, within the preceding 5 years,

8 has been subject to flooding that resulted in the loss of

9 life and caused damage of sufficient severity and mag10 nitude to warrant a declaration of a major disaster by the

11 President under the Robert T. Stafford Disaster and

12 Emergency Relief Act (42 U.S.C. 5121 et seq.).

13 SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS.

14 (a) IN GENERAL.—Section 729 of the Water Re15 sources Development Act of 1986 (33 U.S.C. 2267a; 114

16 Stat. 2587–2588; 100 Stat. 4164) is amended—

17 (1) in subsection (d)—

18 (A) by striking ‘‘and’’ at the end of para19 graph (4);

20 (B) by striking the period at the end of

21 paragraph (5) and inserting ‘‘; and’’; and

22 (C) by adding at the end the following:

23 ‘‘(6) Sacramento-San Joaquin Delta, Cali24 fornia.’’;
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1 (2) by striking paragraph (1) of subsection (f)

2 and inserting the following:

3 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal

4 share of the costs of an assessment carried out

5 under this section on or after December 11, 2000,

6 shall be 25 percent.’’; and

7 (3) by striking subsection (g).

8 (b) REVISION OF PARTNERSHIP AGREEMENT.—The

9 Secretary shall revise the partnership agreement for any

10 assessment being carried out under such section 729 to

11 take into account the change in non-Federal participation

12 in the assessment as a result of the amendments made

13 by subsection (a).

14 SEC. 2020. TRIBAL PARTNERSHIP PROGRAM.

15 Section 203(b)(1)(B) of the Water Resources Devel16 opment Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat.

17 2589) is amended by inserting after ‘‘Code’’ the following

18 ‘‘, and including lands that are within the jurisdictional

19 area of an Oklahoma Indian tribe, as determined by the

20 Secretary of the Interior, and are recognized by the Sec21 retary of the Interior as eligible for trust land status under

22 part 151 of title 25, Code of Federal Regulations’’.
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1 SEC. 2021. TREATMENT OF CERTAIN SEPARABLE ELE2 MENTS.

3 (a) IN GENERAL.—If, in carrying out a water re4 sources project, the Secretary identifies a separable ele5 ment that would advance a primary mission of the Corps

6 of Engineers, with benefits that could be achieved more

7 cost-effectively if carried out in conjunction with the

8 project, the Secretary, in consultation with the non-Fed9 eral interest, may carry out such separable element at

10 Federal expense if the cost of such separable element does

11 not exceed 3 percent of the Federal project cost and does

12 not exceed $1,000,000.

13 (b) OPERATION AND MAINTENANCE.—Operation and

14 maintenance of a separable element of a project carried

15 out under this section shall be a non-Federal responsi16 bility.

17 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

18 Nothing in this section shall be construed to increase the

19 amount authorized to be appropriated for a project beyond

20 that amount authorized by law or to provide a separate

21 authorization of appropriations.

22 SEC. 2022. PROSECUTION OF WORK.

23 Section 10 of the Rivers and Harbors Act of Sep24 tember 22, 1922 (33 U.S.C. 621; 42 Stat. 1043), is

25 amended by inserting after ‘‘harbors’’ the following: ‘‘, in-
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1 cluding any planning, engineering, design, construction,

2 operation, and maintenance,’’.

3 SEC. 2023. WILDFIRE FIREFIGHTING.

4 Section 309 of Public Law 102–154 (42 U.S.C.

5 1856a-1; 105 Stat. 1034) is amended by inserting ‘‘the

6 Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’.

7 SEC. 2024. CREDIT FOR NONCONSTRUCTION SERVICES.

8 (a) IN GENERAL.—The Secretary is authorized to

9 allow a non-Federal interest credit toward its share of

10 project costs for any authorized water resources develop11 ment project for the cost of materials and in-kind services,

12 including design and management services but not includ13 ing construction, provided by the non-Federal interest for

14 implementation of the project.

15 (b) LIMITATION.—Credit authorized under sub16 section (a)—

17 (1) shall not exceed the non-Federal share of

18 project costs;

19 (2) shall not alter any other requirements that

20 require a non-Federal interest to provide lands, ease21 ments, rights-of-way, and dredged material disposal

22 areas for the project;

23 (3) shall not exceed the actual and reasonable

24 costs of the materials or in-kind services provided by
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1 the non-Federal interest, as determined by the Sec2 retary; and

3 (4) shall not be allowed unless the Secretary

4 has determined that such materials or services are

5 compatible with and necessary for the project.

6 SEC. 2025. TECHNICAL ASSISTANCE.

7 Section 22 of Water Resources Development Act of

8 1974 (42 U.S.C. 1962d–16) is amended—

9 (1) in subsection (a) by striking ‘‘The Sec10 retary’’ and inserting the following:

11 ‘‘(a) FEDERAL STATE COOPERATION.—

12 ‘‘(1) COMPREHENSIVE PLANS.—The Sec13 retary’’;

14 (2) by inserting after the last sentence in sub15 section (a) the following:

16 ‘‘(2) TECHNICAL ASSISTANCE.—

17 ‘‘(A) IN GENERAL.—At the request of

18 a governmental agency or non-Federal in19 terest, the Secretary may provide, at Fed20 eral expense, technical assistance to such

21 agency or non-Federal interest in man22 aging water resources.

23 ‘‘(B) TYPES OF ASSISTANCE.—Tech24 nical assistance under this paragraph may

25 include provision and integration of hydro-
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1 logic, economic, and environmental data

2 and analyses.’’

3 (3) in subsection (b)(1) by striking ‘‘this sec4 tion’’ each place it appears and inserting ‘‘subsection

5 (a)(1)’’;

6 (4) in subsection (c) by striking ‘‘(c) There is’’

7 and inserting the following:

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) FEDERAL AND STATE COOPERATION.—

10 There is’’;

11 (5) in subsection (c) strike ‘‘the provisions of

12 this section’’ and insert ‘‘subsection (a)(1);’’; and

13 (6) by inserting at the end of subsection (c) the

14 following:

15 ‘‘(2) TECHNICAL ASSISTANCE.—There is au16 thorized to be appropriated $5,000,000 annually to

17 carry out subsection (a)(2), of which not more than

18 $2,000,000 annually may be used by the Secretary

19 to enter into cooperative agreements with nonprofit

20 organizations to provide assistance to rural and

21 small communities.’’.

22 SEC. 2026. CENTERS OF SPECIALIZED PLANNING EXPER23 TISE.

24 (a) ESTABLISHMENT.—The Secretary is authorized

25 to establish centers to provide specialized planning exper-
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1 tise for water resources projects to be carried out by the

2 Secretary to enhance and supplement the capabilities of

3 the districts of the Army Corps of Engineers.

4 (b) DUTIES.—A center of expertise shall have the fol5 lowing duties:

6 (1) Providing technical and managerial assist7 ance to district engineers for project planning, devel8 opment, and implementation.

9 (2) Providing peer reviews of new major sci10 entific, engineering, or economic methods, models or

11 analyses that will be used to support decisions of the

12 Secretary with respect to feasibility studies.

13 (3) Providing support for external peer review

14 panels convened by the Secretary.

15 (4) Performing such other duties as prescribed

16 by the Secretary.

17 SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL,

18 STATE, AND LOCAL ACTIONS.

19 (a) NOTICE OF INTENT.—Upon request of the non20 Federal interest in the form of a written notice of intent

21 to construct or modify a non-Federal water supply, waste22 water infrastructure, flood damage reduction, environ23 mental restoration, or navigation project that requires the

24 approval of the Secretary, the Secretary shall initiate, sub25 ject to subsection (g)(1), procedures to establish a sched-
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1 ule for consolidating Federal, State, and local agency and

2 Indian tribe environmental assessments, project reviews,

3 and issuance of all permits for the construction or modi4 fication of the project. The non-Federal interest shall sub5 mit to the Secretary, with the notice of intent, studies and

6 documentation, including environmental reviews, that may

7 be required by Federal law for decisionmaking on the pro8 posed project. All States and Indian tribes having jurisdic9 tion over the proposed project shall be invited by the Sec10 retary, but shall not be required, to participate in carrying

11 out this section with respect to the project.

12 (b) PROCEDURAL REQUIREMENTS.—Within 15 days

13 after receipt of notice under subsection (a), the Secretary

14 shall publish such notice in the Federal Register. The Sec15 retary also shall provide written notification of the receipt

16 of a notice under subsection (a) to all State and local

17 agencies and Indian tribes that may be required to issue

18 permits for the construction of the project or related ac19 tivities. The Secretary shall solicit the cooperation of those

20 agencies and request their entry into a memorandum of

21 agreement described in subsection (c) with respect to the

22 project. Within 30 days after publication of the notice in

23 the Federal Register, State and local agencies and Indian

24 tribes that intend to enter into the memorandum of agree-
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1 ment with respect to the project shall notify the Secretary

2 of their intent in writing.

3 (c) SCHEDULING AGREEMENT.—Within 90 days

4 after the date of receipt of notice under subsection (a)

5 with respect to a project, the Secretary of the Interior,

6 the Secretary of Commerce, and the Administrator of the

7 Environmental Protection Agency, as necessary, and any

8 State or local agencies that have notified the Secretary

9 under subsection (b) shall enter into an agreement with

10 the Secretary establishing a schedule of decisionmaking

11 for approval of the project and permits associated with

12 the project and with related activities.

13 (d) CONTENTS OF AGREEMENT.—An agreement en14 tered into under subsection (c) with respect to a project,

15 to the extent practicable, shall consolidate hearing and

16 comment periods, procedures for data collection and re17 port preparation, and the environmental review and per18 mitting processes associated with the project and related

19 activities. The agreement shall detail, to the extent pos20 sible, the non-Federal interest’s responsibilities for data

21 development and information that may be necessary to

22 process each permit required for the project, including a

23 schedule when the information and data will be provided

24 to the appropriate Federal, State, or local agency or In25 dian tribe.
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1 (e) REVISION OF AGREEMENT.—The Secretary may

2 revise an agreement entered into under subsection (c) with

3 respect to a project once to extend the schedule to allow

4 the non-Federal interest the minimum amount of addi5 tional time necessary to revise its original application to

6 meet the objections of a Federal, State, or local agency

7 or Indian tribe that is a party to the agreement.

8 (f) FINAL DECISION.—Not later than the final day

9 of a schedule established by an agreement entered into

10 under subsection (c) with respect to a project, the Sec11 retary shall notify the non-Federal interest of the final de12 cision on the project and whether the permit or permits

13 have been issued.

14 (g) REIMBURSEMENT.—

15 (1) COSTS OF COORDINATION.—The costs in16 curred by the Secretary to establish and carry out

17 a schedule to consolidate Federal, State, and local

18 agency and Indian tribe environmental assessments,

19 project reviews, and permit issuance for a project

20 under this section shall be paid by the non-Federal

21 interest.

22 (2) COSTS INCURRED TO EXPEDITE PERMITS

23 AND REVIEWS.—

24 (A) ACCEPTANCE OF NON-FEDERAL

25 FUNDS.—The Secretary may accept funds from
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1 the non-Federal interest to hire additional staff

2 or obtain the services of consultants, or to pro3 vide financial, technical, and administrative

4 support to agencies that have entered into an

5 agreement with the Secretary under subsection

6 (c) with respect to a project in order to facili7 tate the timely processing, review, and comple8 tion of applicable Federal, State, and local

9 agency and Indian tribe environmental assess10 ments, project reviews, and permits for the

11 project.

12 (B) USE OF FUNDS.—Funds accepted

13 under this paragraph shall be used to supple14 ment existing resources of the Secretary or a

15 participating agency.

16 (C) ASSURANCE OF LEVEL OF SERVICE

17 AND IMPARTIALITY.—The Secretary shall en18 sure that the Department of the Army and any

19 participating agency that accepts funds under

20 this paragraph shall continue to provide the

21 same level of service to other projects and other

22 responsibilities not covered by this section as it

23 would provide notwithstanding any activities

24 carried out under this section and that accept25 ance of such funds will not impact impartial de-
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1 cisionmaking either substantively or proce2 durally.

3 (h) REPORT ON TIMESAVINGS METHODS.—Not later

4 than 3 years after the date of enactment of this section,

5 the Secretary shall prepare and transmit to Congress a

6 report estimating the time required for the issuance of all

7 Federal, State, local, and tribal permits for the construc8 tion of non-Federal projects for water supply, wastewater

9 infrastructure, flood damage reduction, environmental res10 toration, and navigation. The Secretary shall include in

11 that report recommendations for further reducing the

12 amount of time required for the issuance of those permits,

13 including any proposed changes in existing law.

14 SEC. 2028. PROJECT STREAMLINING.

15 (a) POLICY.—The benefits of water resources

16 projects are important to the Nation’s economy and envi17 ronment, and recommendations to Congress regarding

18 such projects should not be delayed due to uncoordinated

19 and sequential environmental reviews or the failure to

20 timely resolve disputes during the development of water

21 resources projects.

22 (b) SCOPE.—This section shall apply to each study

23 initiated after the date of enactment of this Act to develop

24 a feasibility report under section 905 of the Water Re25 sources Development Act of 1986 (33 U.S.C. 2282), or
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1 a reevaluation report, for a water resources project if the

2 Secretary determines that such study requires an environ3 mental impact statement under the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

5 (c) WATER RESOURCES PROJECT REVIEW PROC6 ESS.—The Secretary shall develop and implement a co7 ordinated review process for water resources projects.

8 (d) COORDINATED REVIEWS.—

9 (1) IN GENERAL.—The coordinated review proc10 ess under this section shall provide that all environ11 mental reviews, analyses, opinions, permits, licenses,

12 and approvals that must be issued or made by a

13 Federal, State, or local government agency or Indian

14 tribe for a water resources project will be conducted

15 concurrently, to the maximum extent practicable,

16 and completed within a time period established by

17 the Secretary, in cooperation with the agencies iden18 tified under subsection (e) with respect to the

19 project.

20 (2) AGENCY PARTICIPATION.—Each Federal

21 agency identified under subsection (e) shall formu22 late and implement administrative, policy, and pro23 cedural mechanisms to enable the agency to ensure

24 completion of environmental reviews, analyses, opin25 ions, permits, licenses, and approvals described in
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1 paragraph (1) in a timely and environmentally re2 sponsible manner.

3 (e) IDENTIFICATION OF JURISDICTIONAL AGEN4 CIES.—With respect to each water resources project, the

5 Secretary shall identify, as soon as practicable, all Fed6 eral, State, and local government agencies and Indian

7 tribes that may have jurisdiction over environmental-re8 lated matters that may be affected by the project or may

9 be required by law to conduct an environmental-related

10 review or analysis of the project or determine whether to

11 issue an environmental-related permit, license, or approval

12 for the project.

13 (f) STATE AUTHORITY.—If a coordinated review

14 process is being implemented under this section by the

15 Secretary with respect to a water resources project within

16 the boundaries of a State, the State, consistent with State

17 law, may choose to participate in such process and provide

18 that all State agencies that have jurisdiction over environ19 mental-related matters that may be affected by the project

20 or may be required by law to conduct an environmental21 related review or analysis of the project or determine

22 whether to issue an environmental-related permit, license,

23 or approval for the project, be subject to the process.

24 (g) MEMORANDUM OF UNDERSTANDING.—The co25 ordinated review process developed under this section may
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1 be incorporated into a memorandum of understanding for

2 a project between the Secretary and the heads of other

3 Federal, State, and local government agencies and Indian

4 tribes identified under subsection (e) with respect to the

5 project and the non-Federal interest for the project.

6 (h) EFFECT OF FAILURE TO MEET DEADLINE.—

7 (1) NOTIFICATION OF CONGRESS AND CEQ.—If

8 the Secretary determines that a Federal, State, or

9 local government agency, Indian tribe, or non-Fed10 eral interest that is participating in a coordinated

11 review process under this section with respect to a

12 project has not met a deadline established under

13 subsection (d) for the project, the Secretary shall no14 tify, within 30 days of the date of such determina15 tion, the Committee on Transportation and Infra16 structure of the House of Representatives, the Com17 mittee on Environment and Public Works of the

18 Senate, the Council on Environmental Quality, and

19 the agency, Indian tribe, or non-Federal interest in20 volved about the failure to meet the deadline.

21 (2) AGENCY REPORT.—Not later than 30 days

22 after the date of receipt of a notice under paragraph

23 (1), the Federal, State, or local government agency,

24 Indian tribe, or non-Federal interest involved shall

25 submit a report to the Secretary, the Committee on
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1 Transportation and Infrastructure of the House of

2 Representatives, the Committee on Environment and

3 Public Works of the Senate, and the Council on En4 vironmental Quality explaining why the agency, In5 dian tribe, or non-Federal interest did not meet the

6 deadline and what actions it intends to take to com7 plete or issue the required review, analysis, opinion,

8 permit, license, or approval.

9 (i) PURPOSE AND NEED AND DETERMINATION OF

10 REASONABLE ALTERNATIVES.—

11 (1) IN GENERAL.—As an official of the lead

12 Federal agency that is responsible for carrying out

13 a study to which this section applies and its associ14 ated process for meeting the requirements of the

15 National Environmental Policy Act of 1969 (42

16 U.S.C. 4321 et seq.) and as the Federal agency with

17 expertise in water resources development, the Sec18 retary, in carrying out such study and process,

19 shall—

20 (A) define the purpose and need for the

21 proposed water resources project; and

22 (B) determine which alternatives are rea23 sonable and may be reasonably anticipated to

24 meet project purposes and needs.
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1 (2) STREAMLINING STUDY.—To streamline a

2 study to which this section applies and its associated

3 process for meeting the requirements of the National

4 Environmental Policy Act of 1969 (42 U.S.C. 4321

5 et seq.), the Secretary may eliminate from consider6 ation any alternatives the Secretary determines are

7 not reasonable or are not reasonably anticipated to

8 meet project purposes and needs.

9 (j) SOLICITATION AND CONSIDERATION OF COM10 MENTS.—In applying subsection (i), the Secretary shall

11 solicit, consider, and respond to comments from interested

12 persons and governmental entities.

13 (k) CATEGORICAL EXCLUSIONS.—Not later than 120

14 days after the date of enactment of this Act, the Secretary

15 shall develop and publish a list of categorical exclusions

16 from the requirement that an environmental assessment

17 or an environmental impact statement be prepared under

18 the National Environmental Policy Act of 1969 (42 U.S.C.

19 4321 et seq.) for water resources projects.

20 (l) LIMITATIONS.—Nothing in this section shall pre21 empt or interfere with—

22 (1) any practice of seeking public comment;

23 (2) any power, jurisdiction, or authority that a

24 Federal, State, or local government agency, Indian
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1 tribe, or non-Federal interest has with respect to

2 carrying out a water resources project; or

3 (3) any obligation to comply with the provisions

4 of the National Environmental Policy Act of 1969

5 (42 U.S.C. 4371 et seq.) and the regulations issued

6 by the Council on Environmental Quality to carry

7 out such Act.

8 (m) BENCHMARKS.—Within 12 months of the date

9 of enactment of this Act, the Chief of Engineers shall es10 tablish benchmarks for determining the length of time it

11 should take to conduct a feasibility study for a water re12 sources development project and its associated review

13 process under the National Environmental Policy Act of

14 1969 (42 U.S.C. 4371 et seq.). Benchmarks may be estab15 lished for activities based on project type, size, cost, and

16 complexity. The Chief of Engineers shall use such bench17 marks as a management tool to make the feasibility study

18 process more efficient in all districts of the Army Corps

19 of Engineers.

20 SEC. 2029. LAKES PROGRAM.

21 Section 602(a) of the Water Resources Development

22 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat.

23 295) is amended—

24 (1) by striking ‘‘and’’ at end of paragraph (18);
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1 (2) by striking the period at the end of para2 graph (19) and inserting a semicolon; and

3 (3) by adding at the end the following:

4 ‘‘(20) Kinkaid Lake, Jackson County, Illinois,

5 removal of silt and aquatic growth and measures to

6 address excessive sedimentation;

7 ‘‘(21) Rogers Pond, Franklin Township, New

8 Jersey, removal of silt and restoration of structural

9 integrity;

10 ‘‘(22) Greenwood Lake, Greenwood Lake, New

11 York, removal of silt and aquatic growth; and

12 ‘‘(23) Lake Rodgers, Creedmoor, North Caro13 lina, removal of silt and excessive nutrients and res14 toration of structural integrity.’’.

15 SEC. 2030. MITIGATION FOR FISH AND WILDLIFE LOSSES.

16 (a) COMPLETION OF MITIGATION.—Section 906(a) of

17 the Water Resources Development Act of 1986 (33 U.S.C.

18 2283(a)) is amended by adding at the following:

19 ‘‘(3) COMPLETION OF MITIGATION.—In those

20 instances in which it is not technically practicable to

21 complete mitigation concurrent with the last day of

22 project construction because of the nature of the

23 mitigation to be undertaken, the Secretary shall

24 complete the required mitigation as expeditiously as

25 practicable, but in no case later than the last day of
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1 the first fiscal year beginning after the last day of

2 construction of the project or separable element of

3 the project.’’.

4 (b) MITIGATION PLAN CONTENTS.—Section 906(d)

5 of such Act (33 U.S.C. 2283(d)) is amended by adding

6 at the end the following:

7 ‘‘(3) CONTENTS.—A mitigation plan shall

8 include—

9 ‘‘(A) a description of the physical action to

10 be undertaken to achieve the mitigation objec11 tives within the watershed in which such losses

12 occur and, in any case in which mitigation must

13 take place outside the watershed, a justification

14 detailing the rationale for undertaking the miti15 gation outside of the watershed;

16 ‘‘(B) a description of the lands or interests

17 in lands to be acquired for mitigation and the

18 basis for a determination that such lands are

19 available for acquisition;

20 ‘‘(C) the type, amount, and characteristics

21 of the habitat being restored;

22 ‘‘(D) success criteria for mitigation based

23 on replacement of lost functions and values of

24 the habitat, including hydrologic and vegetative

25 characteristics; and
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1 ‘‘(E) a plan for any necessary monitoring

2 to determine the success of the mitigation, in3 cluding the cost and duration of any moni4 toring, and to the extent practicable, the enti5 ties responsible for any monitoring.

6 ‘‘(4) RESPONSIBILITY FOR MONITORING.—In

7 any case in which it is not practicable to identify in

8 a mitigation plan for a water resources project, the

9 entity responsible for monitoring at the time of a

10 final report of the Chief of Engineers or other final

11 decision document for the project, such entity shall

12 be identified in the partnership agreement entered

13 into with the non-Federal interest.’’.

14 (c) STATUS REPORT.—

15 (1) IN GENERAL.—Concurrent with the Presi16 dent’s submission to Congress of the President’s re17 quest for appropriations for the Civil Works Pro18 gram for a fiscal year, the Secretary shall submit to

19 the Committee on Transportation and Infrastructure

20 of the House of Representatives and the Committee

21 on the Environment and Public Works of the Senate

22 a report on the status of construction of projects

23 that require mitigation under section 906 of Water

24 Resources Development Act 1986 (33 U.S.C. 2283;

25 100 Stat. 4186) and the status of such mitigation.
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1 (2) PROJECTS INCLUDED.—The status report

2 shall include the status of all projects that are under

3 construction, all projects for which the President re4 quests funding for the next fiscal year, and all

5 projects that have completed construction, but have

6 not completed the mitigation required under section

7 906 of the Water Resources Development Act of

8 1986.

9 SEC. 2031. COOPERATIVE AGREEMENTS.

10 (a) IN GENERAL.—For the purpose of expediting the

11 cost-effective design and construction of wetlands restora12 tion that is part of an authorized water resources project,

13 the Secretary may enter into cooperative agreements

14 under section 6305 of title 31, United States Code, with

15 nonprofit organizations with expertise in wetlands restora16 tion to carry out such design and construction on behalf

17 of the Secretary.

18 (b) LIMITATIONS.—

19 (1) PER PROJECT LIMIT.—A cooperative agree20 ment under this section shall not obligate the Sec21 retary to pay the nonprofit organization more than

22 $1,000,000 for any single wetlands restoration

23 project.

24 (2) ANNUAL LIMIT.—The total value of work

25 carried out under cooperative agreements under this
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1 section may not exceed $5,000,000 in any fiscal

2 year.

3 SEC. 2032. PROJECT PLANNING.

4 (a) OBJECTIVES.—

5 (1) FLOOD CONTROL, NAVIGATION, AND HURRI6 CANE AND STORM DAMAGE REDUCTION PROJECTS.—

7 The Federal objective of any study of the feasibility

8 of a water resources project carried out by the Sec9 retary for flood damage reduction, navigation, or

10 hurricane and storm damage reduction shall be to

11 maximize the net national economic development

12 benefits associated with the project, consistent with

13 protecting the Nation’s environment.

14 (2) ECOSYSTEM RESTORATION PROJECTS.—The

15 Federal objective of any study of the feasibility of a

16 water resources project for ecosystem restoration

17 carried out by the Secretary shall be to maximize

18 the net national ecosystem restoration benefits asso19 ciated with the project, consistent with national eco20 nomic development.

21 (3) PROJECTS WITH MULTIPLE PURPOSES.—In

22 the case of a study that includes multiple project

23 purposes, the primary and other project purposes

24 shall be evaluated, based on the relevant Federal ob25 jective identified under paragraphs (1) and (2).
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1 (4) SELECTION OF PROJECT ALTERNATIVES.—

2 (A) IN GENERAL.—Notwithstanding the

3 Federal objectives identified in this subsection,

4 the Secretary may select a project alternative

5 that does not maximize net benefits if there is

6 an overriding reason based upon other Federal,

7 State, local, or international concerns.

8 (B) FLOOD DAMAGE REDUCTION, NAVIGA9 TION, AND HURRICANE STORM DAMAGE REDUC10 TION PROJECTS.—With respect to a water re11 sources project described in paragraph (1), an

12 overriding reason for selecting a plan other

13 than the plan that maximizes national economic

14 development benefits may be if the Secretary

15 determines, and the non-Federal interest con16 curs, that an alternative plan is feasible and

17 achieves the project purposes while providing

18 greater ecosystem restoration benefits.

19 (C) ECOSYSTEM RESTORATION

20 PROJECTS.—With respect to a water resources

21 project described in paragraph (2), an over22 riding reason for selecting a plan other than the

23 plan that maximizes national ecosystem restora24 tion benefits may be if the Secretary deter25 mines, and the non-Federal interest concurs,
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1 that an alternative is feasible and achieves the

2 project purpose while providing greater eco3 nomic development benefits.

4 (b) IDENTIFYING ADDITIONAL BENEFITS AND

5 PROJECTS.—

6 (1) PRIMARILY ECONOMIC BENEFITS.—In con7 ducting a study of the feasibility of a project where

8 the primary benefits are expected to be economic,

9 the Secretary may identify ecosystem restoration

10 benefits that may be achieved in the study area and,

11 after obtaining the participation of a non-Federal in12 terest, may study and recommend construction of a

13 separate project or separable project element to

14 achieve those benefits.

15 (2) PRIMARILY ECOSYSTEM RESTORATION BEN16 EFITS.—In conducting a study of the feasibility of a

17 project where the primary benefits are expected to

18 be associated with ecosystem restoration, the Sec19 retary may identify economic benefits that may be

20 achieved in the study area and, after obtaining the

21 participation of a non-Federal interest, may study

22 and recommend construction of a separate project or

23 separable project element to achieve those benefits.

24 (3) RULES APPLICABLE TO IDENTIFIED SEPA25 RATE PROJECTS AND ELEMENTS.—Any separate
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1 project or separable element identified under para2 graph (1) or (2) and recommended for construction

3 shall not be considered integral to the underlying

4 project under study and, if authorized, shall be sub5 ject to a separate partnership agreement, unless a

6 non-Federal interest agrees to share in the cost of

7 both projects or separable elements.

8 (c) CALCULATION OF BENEFITS AND COSTS FOR

9 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility

10 study for a project for flood damage reduction shall in11 clude, as part of the calculation of benefits and costs—

12 (1) a calculation of the residual risk of flooding

13 following completion of the proposed project;

14 (2) a calculation of any upstream or down15 stream impacts of the proposed project; and

16 (3) calculations to ensure that the benefits and

17 costs associated with structural and nonstructural

18 alternatives are evaluated in an equitable manner.

19 SEC. 2033. INDEPENDENT PEER REVIEW.

20 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

21 PEER REVIEW.—

22 (1) IN GENERAL.—Project studies shall be sub23 ject to a peer review by an independent panel of ex24 perts as determined under this section.
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1 (2) SCOPE.—The peer review may include a re2 view of the economic and environmental assumptions

3 and projections, project evaluation data, economic

4 analyses, environmental analyses, engineering anal5 yses, formulation of alternative plans, methods for

6 integrating risk and uncertainty, models used in

7 evaluation of economic or environmental impacts of

8 proposed projects, and any biological opinions of the

9 project study.

10 (3) PROJECT STUDIES SUBJECT TO PEER RE11 VIEW.—

12 (A) MANDATORY.—A project study shall

13 be subject to peer review under paragraph (1)

14 if the project has an estimated total cost of

15 more than $50,000,000, including mitigation

16 costs, and is not determined by the Chief of

17 Engineers to be exempt from peer review under

18 paragraph (6).

19 (B) DISCRETIONARY.—A project study

20 may be subject to peer review if—

21 (i) the Governor of an affected State

22 requests a peer review by an independent

23 panel of experts;

24 (ii) the head of a Federal or State

25 agency charged with reviewing the project
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1 study determines that the project is likely

2 to have a significant adverse impact on en3 vironmental, cultural, or other resources

4 under the jurisdiction of the agency after

5 implementation of proposed mitigation

6 plans and requests a peer review by an

7 independent panel of experts; or

8 (iii) the Chief of Engineers determines

9 that the project study is controversial.

10 (4) CONTROVERSIAL PROJECTS.—Upon receipt

11 of a written request under paragraph (3)(B) or on

12 the initiative of the Chief of Engineers, the Chief of

13 Engineers shall determine whether a project study is

14 controversial.

15 (5) FACTORS TO CONSIDER.—In determining

16 whether a project study is controversial, the Chief of

17 Engineers shall consider if—

18 (A) there is a significant public dispute as

19 to the size, nature, or effects of the project; or

20 (B) there is a significant public dispute as

21 to the economic or environmental costs or bene22 fits of the project.

23 (6) PROJECT STUDIES EXCLUDED FROM PEER

24 REVIEW.—Project studies that may be excluded from

25 peer review under paragraph (1) are—
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1 (A) a study for a project the Chief of En2 gineers determines—

3 (i) is not controversial;

4 (ii) has no more than negligible ad5 verse impacts on scarce or unique cultural,

6 historic, or tribal resources;

7 (iii) has no substantial adverse im8 pacts on fish and wildlife species and their

9 habitat prior to the implementation of

10 mitigation measures; and

11 (iv) has, before implementation of

12 mitigation measures, no more than a neg13 ligible adverse impact on a species listed as

14 endangered or threatened species under

15 the Endangered Species Act of 1973 (16

16 U.S.C. 1539 et seq.) or the critical habitat

17 of such species designated under such Act;

18 and

19 (B) a study for a project pursued under

20 section 205 of the Flood Control Act of 1948

21 (33 U.S.C. 701s), section 2 of the Flood Con22 trol Act of August 28, 1937 (33 U.S.C. 701g),

23 section 14 of the Flood Control Act of 1946 (33

24 U.S.C. 701r), section 107(a) of the River and

25 Harbor Act of 1960 (33 U.S.C. 577(a)), section
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1 3 of the Act entitled ‘‘An Act authorizing Fed2 eral participation in the cost of protecting the

3 shores of publicly owned property’’, approved

4 August 13, 1946 (33 U.S.C. 426g), section 111

5 of the River and Harbor Act of 1968 (33

6 U.S.C. 426i), section 3 of the Act entitled ‘‘An

7 Act authorizing the construction, repair, and

8 preservation of certain public works on rivers

9 and harbors, and for other purposes’’, approved

10 March 2, 1945 (33 U.S.C. 603a), section 1135

11 of the Water Resources Development Act of

12 1986 (33 U.S.C. 2309a), section 206 of the

13 Water Resources Development Act of 1996 (33

14 U.S.C. 2330), or section 204 of the Water Re15 sources Development Act of 1992 (33 U.S.C.

16 2326).

17 (7) APPEAL.—The decision of the Chief of En18 gineers whether to peer review a project study shall

19 be published in the Federal Register and shall be

20 subject to appeal by a person referred to in para21 graph (3)(B)(i) or (3)(B)(ii) to the Secretary of the

22 Army if such appeal is made within the 30-day pe23 riod following the date of such publication.

24 (8) DETERMINATION OF PROJECT COST.—For

25 purposes of determining the estimated total cost of
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1 a project under paragraph (3)(A), the project cost

2 shall be based upon the reasonable estimates of the

3 Chief of Engineers at the completion of the recon4 naissance study for the project. If the reasonable es5 timate of project costs is subsequently determined to

6 be in excess of the amount in paragraph (3)(A), the

7 Chief of Engineers shall make a determination

8 whether a project study should be reviewed under

9 this section.

10 (b) TIMING OF PEER REVIEW.—The Chief of Engi11 neers shall determine the timing of a peer review of a

12 project study under subsection (a). In all cases, the peer

13 review shall occur during the period beginning on the date

14 of the completion of the reconnaissance study for the

15 project and ending on the date the draft report of the

16 Chief of Engineers for the project is made available for

17 public comment. Where the Chief of Engineers has not

18 initiated a peer review of a project study, the Chief of En19 gineers shall consider, at a minimum, whether to initiate

20 a peer review at the time that—

21 (1) the without project conditions are identified;

22 (2) the array of alternatives to be considered

23 are identified; and

24 (3) the preferred alternative is identified.
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1 Nothing in this subsection shall be construed to require

2 the Chief of Engineers to conduct multiple peer reviews

3 for a project study.

4 (c) ESTABLISHMENT OF PANELS.—

5 (1) IN GENERAL.—For each project study sub6 ject to peer review under subsection (a), as soon as

7 practicable after the Chief of Engineers determines

8 that a project study will be subject to peer review,

9 the Chief of Engineers shall contract with the Na10 tional Academy of Sciences (or a similar independent

11 scientific and technical advisory organization), or an

12 eligible organization, to establish a panel of experts

13 to peer review the project study for technical and

14 scientific sufficiency.

15 (2) MEMBERSHIP.—A panel of experts estab16 lished for a project study under this section shall be

17 composed of independent experts who represent a

18 balance of areas of expertise suitable for the review

19 being conducted.

20 (3) LIMITATION ON APPOINTMENTS.—An indi21 vidual may not be selected to serve on a panel of ex22 perts established for a project study under this sec23 tion if the individual has a financial or close profes24 sional association with any organization or group
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1 with a strong financial or organizational interest in

2 the project.

3 (4) CONGRESSIONAL NOTIFICATION.—Upon

4 identification of a project study for peer review

5 under this section, but prior to initiation of any re6 view, the Chief of Engineers shall notify the Com7 mittee on Environment and Public Works of the

8 Senate and the Committee on Transportation and

9 Infrastructure of the House of Representatives of

10 such review.

11 (d) DUTIES OF PANELS.—A panel of experts estab12 lished for a peer review for a project study under this sec13 tion shall, consistent with the scope of the referral for

14 review—

15 (1) conduct a peer review for the project study

16 submitted to the panel for review;

17 (2) assess the adequacy and acceptability of the

18 economic and environmental methods, models, and

19 analyses used by the Chief of Engineers;

20 (3) provide timely written and oral comments to

21 the Chief of Engineers throughout the development

22 of the project study, as requested; and

23 (4) submit to the Chief of Engineers a final re24 port containing the panel’s economic, engineering,

25 and environmental analysis of the project study, in-
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1 cluding the panel’s assessment of the adequacy and

2 acceptability of the economic and environmental

3 methods, models, and analyses used by the Chief of

4 Engineers, to accompany the publication of the

5 project study.

6 (e) DURATION OF PROJECT STUDY PEER RE7 VIEWS.—

8 (1) DEADLINE.—A panel of experts shall—

9 (A) complete its peer review under this sec10 tion for a project study and submit a report to

11 the Chief of Engineers under subsection (d)(4)

12 within 180 days after the date of establishment

13 of the panel, or, if the Chief of Engineers deter14 mines that a longer period of time is necessary,

15 such period of time established by the Chief of

16 Engineers, but in no event later than 90 days

17 after the date a draft project study is made

18 available for public review; and

19 (B) terminate on the date of submission of

20 the report.

21 (2) FAILURE TO MEET DEADLINE.—If a panel

22 does not complete its peer review of a project study

23 under this section and submit a report to the Chief

24 of Engineers under subsection (d)(4) on or before

25 the deadline established by paragraph (1) for the
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1 project study, the Chief of Engineers shall continue

2 the project study for the project that is subject to

3 peer review by the panel without delay.

4 (f) RECOMMENDATIONS OF PANEL.—

5 (1) CONSIDERATION BY THE CHIEF OF ENGI6 NEERS.—After receiving a report on a project study

7 from a panel of experts under this section and be8 fore entering a final record of decision for the

9 project, the Chief of Engineers shall consider any

10 recommendations contained in the report and pre11 pare a written response for any recommendations

12 adopted or not adopted.

13 (2) PUBLIC AVAILABILITY AND TRANSMITTAL

14 TO CONGRESS.—After receiving a report on a project

15 study from a panel of experts under this section, the

16 Chief of Engineers shall—

17 (A) make a copy of the report and any

18 written response of the Chief of Engineers on

19 recommendations contained in the report avail20 able to the public; and

21 (B) transmit to Congress a copy of the re22 port, together with any such written response,

23 on the date of a final report of the Chief of En24 gineers or other final decision document for a
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1 project study that is subject to peer review by

2 the panel.

3 (g) COSTS.—

4 (1) IN GENERAL.—The costs of a panel of ex5 perts established for a peer review under this

6 section—

7 (A) shall be a Federal expense; and

8 (B) shall not exceed $500,000.

9 (2) WAIVER.—The Chief of Engineers may

10 waive the $500,000 limitation contained in para11 graph (1)(B) in cases that the Chief of Engineers

12 determines appropriate.

13 (h) APPLICABILITY.—This section shall apply to—

14 (1) project studies initiated during the 2-year

15 period preceding the date of enactment of this Act

16 and for which the array of alternatives to be consid17 ered has not been identified; and

18 (2) project studies initiated during the period

19 beginning on such date of enactment and ending 4

20 years after such date of enactment.

21 (i) REPORT.—Within 4 1/2 years of the date of enact22 ment of this section, the Chief of Engineers shall submit

23 a report to Congress on the implementation of this section.
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1 (j) NONAPPLICABILITY OF FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall not apply to

3 any peer review panel established under this section.

4 (k) SAVINGS CLAUSE.—Nothing in this section shall

5 be construed to affect any authority of the Chief of Engi6 neers to cause or conduct a peer review of a water re7 sources project existing on the date of enactment of this

8 section.

9 (l) DEFINITIONS.—In this section, the following defi10 nitions apply:

11 (1) PROJECT STUDY.—The term ‘‘project

12 study’’ means a feasibility study or reevaluation

13 study for a project. The term also includes any other

14 study associated with a modification or update of a

15 project that includes an environmental impact state16 ment, including the environmental impact statement.

17 (2) AFFECTED STATE.—The term ‘‘affected

18 State’’, as used with respect to a project, means a

19 State all or a portion of which is within the drainage

20 basin in which the project is or would be located and

21 would be economically or environmentally affected as

22 a consequence of the project.

23 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi24 ble organization’’ means an organization that—
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1 (A) is described in section 501(c)(3), and

2 exempt from Federal tax under section 501(a),

3 of the Internal Revenue Code of 1986;

4 (B) is independent;

5 (C) is free from conflicts of interest;

6 (D) does not carry out or advocate for or

7 against Federal water resources projects; and

8 (E) has experience in establishing and ad9 ministering peer review panels.

10 SEC. 2034. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

11 (a) IN GENERAL.—Notwithstanding section 2361 of

12 title 10, United States Code, the Secretary is authorized

13 to provide assistance through contracts, cooperative agree14 ments, and grants to—

15 (1) the University of Tennessee, Knoxville, Ten16 nessee, for establishment and operation of the

17 Southeastern Water Resources Institute to study

18 sustainable development and utilization of water re19 sources in the Southeastern United States; and

20 (2) Lewis and Clark Community College, Illi21 nois, for the Great Rivers National Research and

22 Education Center (including facilities that have been

23 or will be constructed at one or more locations in the

24 vicinity of the confluence of the Illinois River, the

25 Missouri River, and the Mississippi River), a collabo-
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1 rative effort of Lewis and Clark Community College,

2 the University of Illinois, the Illinois Department of

3 Natural Resources and Environmental Sciences, and

4 other entities, for the study of river ecology, devel5 oping watershed and river management strategies,

6 and educating students and the public on river

7 issues.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to the Secretary to carry

10 out subsection (a)(1) $5,000,000 and to carry out sub11 section (a)(2) $5,000,000. Such sums shall remain avail12 able until expended.

13 TITLE III—PROJECT-RELATED

14 PROVISIONS

15 SEC. 3001. COOK INLET, ALASKA.

16 (a) ANCHORAGE HARBOR.—The project for naviga17 tion improvements, Cook Inlet, Alaska (Anchorage Har18 bor, Alaska), authorized by section 101 of the River and

19 Harbor Act of 1958 (72 Stat. 299) and modified by sec20 tion 199 of the Water Resources Development Act of 1976

21 (90 Stat. 2944), is further modified to direct the Secretary

22 to establish a harbor depth of minus 45 feet mean lower

23 low water for a length of 5,200 feet at the modified Port

24 of Anchorage intermodal marine facility at each phase as

25 such phases are completed and thereafter as the entire
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1 project is completed, at a total cost of $8,175,000. Federal

2 maintenance shall continue for the existing facility until

3 the modified facility is completed. Federal maintenance of

4 the modified project shall be in accordance with such sec5 tion 101; except that the project shall be maintained at

6 a depth of minus 45 feet mean lower low water for such

7 5,200 feet, at an estimated annual cost of $6,000,000.

8 (b) NAVIGATION CHANNEL.—The Secretary shall

9 modify the channel depth to run the entire length of Fire

10 Island Range and Point Woronzof Range maintaining the

11 same width and modifying the depth to minus 45 feet

12 mean lower low water in the existing Cook Inlet Naviga13 tion Channel approach to Anchorage Harbor, Alaska, at

14 a total cost of $21,525,000. The project shall be main15 tained at a depth of minus 45 mean lower low water, at

16 an estimated annual cost of $3,000,000.

17 SEC. 3002. KING COVE HARBOR, ALASKA.

18 The maximum amount of Federal funds that may be

19 expended for the project for navigation, King Cove Har20 bor, Alaska, being carried out under section 107 of the

21 River Harbor Act of 1960 (33 U.S.C. 577), shall be

22 $8,000,000.

23 SEC. 3003. SITKA, ALASKA.

24 The Thompson Harbor, Sitka, Alaska, element of the

25 project for navigation Southeast Alaska Harbors of Ref-
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1 uge, Alaska, authorized by section 101 of the Water Re2 sources Development Act of 1992 (106 Stat. 4801), is

3 modified to direct the Secretary to take such action as

4 may be necessary to correct design deficiencies in such ele5 ment, at a Federal expense of $6,300,000.

6 SEC. 3004. TATITLEK, ALASKA.

7 The maximum amount of Federal funds that may be

8 expended for the project for navigation, Tatitlek, Alaska,

9 being carried out under section 107 of the River and Har10 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000.

11 SEC. 3005. NOGALES WASH AND TRIBUTARIES, ARIZONA.

12 The project for flood control, Nogales Wash and trib13 utaries, Arizona, authorized by section 101(a)(4) of the

14 Water Resources Development Act of 1990 (104 Stat.

15 4606) and modified by section 303 of the Water Resources

16 Development Act of 1996 (110 Stat. 3711) and section

17 302 of the Water Resources Development Act of 2000

18 (114 Stat. 2600), is further modified to direct the Sec19 retary to use the Mexico Plan-1st Added Increment, as

20 described in the limited reevaluation report dated Sep21 tember 13, 2002, to determine the cost allocation and cost

22 apportionment for the project.
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1 SEC. 3006. GRAND PRAIRIE REGION AND BAYOU METO

2 BASIN, ARKANSAS.

3 The Secretary shall review the general reevaluation

4 report for the Bayou Meto basin element of the project

5 for Grand Prairie Region and Bayou Meto Basin, Arkan6 sas, reauthorized by section 363(a) of the Water Re7 sources Development Act of 1996 (110 Stat. 3730), and

8 make a determination of whether the element is feasible,

9 regardless of mission priorities.

10 SEC. 3007. SAINT FRANCIS BASIN, ARKANSAS.

11 The project for flood control, Saint Francis Basin,

12 Missouri and Arkansas, authorized by section 204 of the

13 Flood Control Act of 1950 (64 Stat. 172), is modified to

14 authorize the Secretary to construct improvements along

15 Ditch No. 1 that consist of a gated culvert through the

16 Saint Francis Levee and related channel improvements.

17 SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALI18 FORNIA.

19 The project for flood damage reduction, American

20 and Sacramento Rivers, California, authorized by section

21 101(a)(1) of the Water Resources Development Act of

22 1996 (110 Stat. 3662–3663) and modified by section 366

23 of the Water Resources Development Act of 1999 (113

24 Stat. 319–320), is further modified to direct the Secretary

25 to carry out the project, at a total cost of $205,000,000.
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1 SEC. 3009. CACHE CREEK BASIN, CALIFORNIA.

2 The project for flood control, Cache Creek Basin,

3 California, authorized by section 401(a) of the Water Re4 sources Development Act of 1986 (100 Stat. 4112), is

5 modified to direct the Secretary to mitigate the impacts

6 of the new south levee of the Cache Creek settling basin

7 on the city of Woodland’s storm drainage system, includ8 ing all appurtenant features, erosion control measures,

9 and environmental protection features. Such mitigation

10 shall restore the city’s preproject capacity (1,360 cubic

11 feet per second) to release water to the Yolo Bypass, in12 cluding channel improvements, an outlet work through the

13 west levee of the Yolo Bypass, and a new low-flow cross

14 channel to handle city and county storm drainage and set15 tling basin flows (1,760 cubic feet per second) when the

16 Yolo Bypass is in a low flow condition.

17 SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, CALI18 FORNIA.

19 The project for aquatic ecosystem restoration, Gray20 son Creek/Murderer’s Creek, California, being carried out

21 under section 206 of the Water Resources Development

22 Act of 1996 (33 U.S.C. 2330), is modified to direct the

23 Secretary to credit toward the non-Federal share of the

24 cost of the project the cost of work carried out by the

25 non-Federal interest before the date of the partnership

26 agreement for the project if the Secretary determines that
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1 the work is integral to the project and to authorize the

2 Secretary to consider national ecosystem restoration bene3 fits in determining the Federal interest in the project.

4 SEC. 3011. JOHN F. BALDWIN SHIP CHANNEL AND STOCK5 TON SHIP CHANNEL, CALIFORNIA.

6 The project for navigation, San Francisco to Stock7 ton, California, authorized by section 301 of the River and

8 Harbor Act of 1965 (79 Stat. 1091) is modified—

9 (1) to provide that the non-Federal share of the

10 cost of the John F. Baldwin Ship Channel and

11 Stockton Ship Channel element of the project may

12 be provided in the form of in-kind services and ma13 terials; and

14 (2) to direct the Secretary to credit toward the

15 non-Federal share of the cost of such element the

16 cost of planning and design work carried out by the

17 non-Federal interest before the date of an agreement

18 for such planning and design if the Secretary deter19 mines that such work is integral to such element.

20 SEC. 3012. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI21 FORNIA.

22 The project for navigation, Larkspur Ferry Channel,

23 Larkspur, California, authorized by section 601(d) of the

24 Water Resources Development Act of 1986 (100 Stat.

25 4148), is modified to direct the Secretary to prepare a
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1 limited reevaluation report to determine whether mainte2 nance of the project is feasible. If the Secretary deter3 mines that maintenance of the project is feasible, the Sec4 retary shall carry out the maintenance.

5 SEC. 3013. LOS ANGELES HARBOR, LOS ANGELES, CALI6 FORNIA.

7 The project for navigation, Los Angeles Harbor, Los

8 Angeles, California, authorized by section 101(b)(5) of the

9 Water Resources Development Act of 2000 (114 Stat.

10 2577), is modified to direct the Secretary to credit toward

11 the non-Federal share of the cost of the project the cost

12 of the planning, design, and construction work carried out

13 by the non-Federal interest before the date of the partner14 ship agreement for the project if the Secretary determines

15 the work is integral to the project.

16 SEC. 3014. NAPA RIVER SALT MARSH RESTORATION, NAPA

17 RIVER, CALIFORNIA.

18 In carrying out the feasibility study for the project

19 for aquatic ecosystem restoration, Napa River Salt Marsh

20 Restoration, Napa and Sonoma Counties, California, the

21 Secretary shall determine whether work carried out by the

22 non-Federal interest is integral to the project. In any case

23 in which the work is determined to be integral to the

24 project before completion of the final report of the Chief

25 of Engineers on the project, such work shall be included
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1 as part of the project, and the cost of such work shall

2 be recommended in the final report for credit toward the

3 non-Federal share of the cost of the project. Work carried

4 out after submission of the final report and before the date

5 of the partnership agreement for the project that is deter6 mined to be integral to the project shall be considered as

7 part of the project, and the cost of such work shall be

8 credited toward the non-Federal share of the cost of the

9 project.

10 SEC. 3015. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI11 FORNIA.

12 The project for aquatic ecosystem restoration, Pacific

13 Flyway Center, Sacramento, California, being carried out

14 under section 206 of the Water Resources Development

15 Act of 1996 (33 U.S.C. 2330), is modified to authorize

16 the Secretary to expend $2,000,000 to enhance public ac17 cess to the project.

18 SEC. 3016. PINOLE CREEK, CALIFORNIA.

19 The project for improvement of the quality of the en20 vironment, Pinole Creek Phase I, California, being carried

21 out under section 1135 of the Water Resources Develop22 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct

23 the Secretary to credit toward the non-Federal share of

24 the cost of the project the cost of work carried out by

25 the non-Federal interest before the date of the partnership
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1 agreement for the project if the Secretary determines that

2 the work is integral to the project.

3 SEC. 3017. PRADO DAM, CALIFORNIA.

4 Upon completion of the modifications to the Prado

5 Dam element of the project for flood control, Santa Ana

6 River Mainstem, California, authorized by section 401(a)

7 of the Water Resources Development Act of 1986 (100

8 Stat. 4113), the Memorandum of Agreement for the Oper9 ation for Prado Dam for Seasonal Additional Water Con10 servation between the Department of the Army and the

11 Orange County Water District (including all the condi12 tions and stipulations in the memorandum) shall remain

13 in effect for volumes of water made available prior to such

14 modifications.

15 SEC. 3018. SACRAMENTO DEEP WATER SHIP CHANNEL,

16 CALIFORNIA.

17 The project for navigation, Sacramento Deep Water

18 Ship Channel, California, authorized by section 202(a) of

19 the Water Resources Development Act of 1986 (100 Stat.

20 4092), is modified to direct the Secretary to credit toward

21 the non-Federal share of the cost of the project the cost

22 of planning and design work carried out by the non-Fed23 eral interest before the date of the partnership agreement

24 for the project if the Secretary determines that the work

25 is integral to the project.
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1 SEC. 3019. SACRAMENTO RIVER, GLENN-COLUSA, CALI2 FORNIA.

3 The project for flood control, Sacramento River, Cali4 fornia, authorized by section 2 of the Act entitled ‘‘An Act

5 to provide for the control of the floods of the Mississippi

6 River and of the Sacramento River, California, and for

7 other purposes’’, approved March 1, 1917 (39 Stat. 949),

8 and modified by section 102 of the Energy and Water De9 velopment Appropriations Act, 1990 (103 Stat. 649), sec10 tion 301(b)(3) of the Water Resources Development Act

11 of 1996 (110 Stat. 3110), title I of the Energy and Water

12 Development Appropriations Act, 1999 (112 Stat. 1841),

13 and section 305 of the Water Resources Development Act

14 of 1999 (113 Stat. 299), is further modified to direct the

15 Secretary to credit the non-Federal interest up to

16 $4,000,000 toward the non-Federal share of the cost of

17 the project for costs incurred by the non-Federal interest

18 in carrying out activities (including the provision of lands,

19 easements, rights-of-way, relocations, and dredged mate20 rial disposal areas) associated with environmental compli21 ance for the project if the Secretary determines that the

22 activities are integral to the project.

23 SEC. 3020. SAN LORENZO RIVER, CALIFORNIA.

24 The project for flood control, San Lorenzo River,

25 California, authorized by section 101(a)(5) of the Water

26 Resources Development Act of 1996 (110 Stat. 3663), is
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1 modified to direct the Secretary to credit not more than

2 $2,000,000 toward the non-Federal share of the cost of

3 the project for the cost of the work carried out by the

4 non-Federal interest before the date of the partnership

5 agreement for the project if the Secretary determines the

6 work is integral to the project.

7 SEC. 3021. UPPER GUADALUPE RIVER, CALIFORNIA.

8 The project for flood damage reduction and recre9 ation, Upper Guadalupe River, California, described as the

10 Bypass Channel Plan of the Chief of Engineers dated Au11 gust 19, 1998, authorized by section 101(a)(9) of the

12 Water Resources Development Act of 1999 (113 Stat.

13 275), is modified to authorize the Secretary to construct

14 the project, at a total cost of $140,328,000, with an esti15 mated Federal cost of $70,164,000, and an estimated non16 Federal cost of $70,164,000. The non-Federal share of

17 the cost of the project shall be subject to section 103(a)(3)

18 of the Water Resources Development Act of 1986 (33

19 U.S.C. 2213(a)(3)).

20 SEC. 3022. WALNUT CREEK CHANNEL, CALIFORNIA.

21 The project for aquatic ecosystem restoration, Wal22 nut Creek Channel, California, being carried out under

23 section 206 of the Water Resources Development Act of

24 1996 (33 U.S.C. 2330), is modified to direct the Secretary

25 to credit toward the non-Federal share of the cost of the
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1 project the cost of work carried out by the non-Federal

2 interest before the date of the partnership agreement for

3 the project if the Secretary determines that the work is

4 integral to the project and to authorize the Secretary to

5 consider national ecosystem restoration benefits in deter6 mining the Federal interest in the project.

7 SEC. 3023. WILDCAT/SAN PABLO CREEK PHASE I, CALI8 FORNIA.

9 The project for improvement of the quality of the en10 vironment, Wildcat/San Pablo Creek Phase I, California,

11 being carried out under section 1135 of the Water Re12 sources Development Act of 1986 (33 U.S.C. 2309a), is

13 modified to direct the Secretary to credit toward the non14 Federal share of the cost of the project the cost of work

15 carried out by the non-Federal interest before the date of

16 the partnership agreement for the project if the Secretary

17 determines that the work is integral to the project.

18 SEC. 3024. WILDCAT/SAN PABLO CREEK PHASE II, CALI19 FORNIA.

20 The project for aquatic ecosystem restoration, Wild21 cat/San Pablo Creek Phase II, California, being carried

22 out under section 206 of the Water Resources Develop23 ment Act of 1996 (33 U.S.C. 2330), is modified to direct

24 the Secretary to credit toward the non-Federal share of

25 the cost of the project the cost of work carried out by
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1 the non-Federal interest before the date of the partnership

2 agreement for the project if the Secretary determines that

3 the work is integral to the project and to authorize the

4 Secretary to consider national ecosystem restoration bene5 fits in determining the Federal interest in the project.

6 SEC. 3025. BREVARD COUNTY, FLORIDA.

7 Section 310 of the Water Resources Development Act

8 of 1999 (113 Stat. 301) is amended by adding at the end

9 the following:

10 ‘‘(d) CREDIT.—After completion of the study, the

11 Secretary shall credit toward the non-Federal share of the

12 cost of the project the cost of nourishment and renourish13 ment associated with the shore protection project incurred

14 by the non-Federal interest to respond to damages to

15 Brevard County beaches that are the result of a Federal

16 navigation project, as determined in the final report for

17 the study.’’.

18 SEC. 3026. BROWARD COUNTY AND HILLSBORO INLET,

19 FLORIDA.

20 The project for shore protection, Broward County

21 and Hillsboro Inlet, Florida, authorized by section 301 of

22 the River and Harbor Act of 1965 (79 Stat. 1090), and

23 modified by section 311 of the Water Resources Develop24 ment Act of 1999 (113 Stat. 301), is further modified to

25 direct the Secretary to credit toward the non-Federal
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1 share of the cost of the project the cost of mitigation con2 struction and derelict erosion control structure removal

3 carried out by the non-Federal interest before the date of

4 the partnership agreement for the project if the Secretary

5 determines that the work is integral to the project.

6 SEC. 3027. GASPARILLA AND ESTERO ISLANDS, FLORIDA.

7 The project for shore protection, Gasparilla and

8 Estero Island segments, Lee County, Florida, authorized

9 under section 201 of the Flood Control Act of 1965 (79

10 Stat. 1073) by Senate Resolution dated December 17,

11 1970, and by House Resolution dated December 15, 1970,

12 and modified by section 309 of the Water Resources De13 velopment Act of 2000 (114 Stat. 2602), is further modi14 fied to direct the Secretary to credit toward the non-Fed15 eral share of the cost of the project the cost of work car16 ried out by the non-Federal interest before the date of the

17 partnership agreement for the project if the Secretary de18 termines that the work is integral to the project.

19 SEC. 3028. JACKSONVILLE HARBOR, FLORIDA.

20 The project for navigation, Jacksonville Harbor,

21 Florida, authorized by section 101(a)(17) of the Water

22 Resources Development Act of 1999 (113 Stat. 276), is

23 modified to authorize the Secretary to extend the naviga24 tion features in accordance with the Report of the Chief

25 of Engineers, dated July 22, 2003, at a total cost of
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1 $14,658,000, with an estimated Federal cost of

2 $9,636,000 and an estimated non-Federal cost of

3 $5,022,000.

4 SEC. 3029. LIDO KEY BEACH, SARASOTA, FLORIDA.

5 The project for shore protection, Lido Key Beach,

6 Sarasota, Florida, authorized by section 101 of the River

7 and Harbor Act of 1970 (84 Stat. 1819), deauthorized

8 under section 1001(b) of the Water Resources Develop9 ment Act of 1986 (33 U.S.C. 579a(b)), and reauthorized

10 by section 364(2)(A) of the Water Resources Development

11 Act of 1999 (113 Stat. 313), is modified to direct the Sec12 retary to construct the project in accordance with the fea13 sibility report of October 2002, at a total cost of

14 $12,632,200, with an estimated Federal cost of

15 $7,882,493 and an estimated non-Federal cost of

16 $4,749,702, and at an estimated average annual cost of

17 $1,044,400 for periodic nourishment over the 50-year life

18 of the project, with an estimated annual Federal cost of

19 $651,706 and an estimated annual non-Federal cost of

20 $392,694.

21 SEC. 3030. MANATEE HARBOR, FLORIDA.

22 The project for navigation, Manatee Harbor, Florida,

23 authorized by section 202(a) of the Water Resources De24 velopment Act of 1986 (100 Stat. 4093) and modified by
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1 section 102(j) of the Water Resources Development Act

2 of 1990 (104 Stat. 4612), is further modified—

3 (1) to include the construction of an extension

4 of the south channel a distance of approximately

5 1584 feet consistent with the general reevaluation

6 report, dated April 2002, prepared by the Jackson7 ville District Corps of Engineers, at a total cost of

8 $11,300,000, with an estimated Federal cost of

9 $8,475,000 and an estimated non-Federal cost of

10 $2,825,000;

11 (2) to direct the Secretary to credit toward the

12 non-Federal share of the cost of the project the cost

13 of in-kind services and materials provided for the

14 project by the non-Federal interest;

15 (3) to direct the Secretary to credit toward the

16 non-Federal share of the cost of the project the cost

17 of planning, design, and construction work carried

18 out by the non-Federal interest before the date of

19 the partnership agreement for the project if the Sec20 retary determines that the work is integral to the

21 project; and

22 (4) to authorize the Secretary to carry out the

23 project as modified at a total cost of $61,500,000.
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1 SEC. 3031. MIAMI HARBOR, FLORIDA.

2 The project for navigation, Miami Harbor Channel,

3 Florida, authorized by section 101(a)(9) of the Water Re4 sources Development Act of 1990 (104 Stat. 4606) and

5 modified by section 315 of the Water Resources Develop6 ment Act of 1999 (113 Stat. 302), is further modified to

7 include as a project purpose environmental mitigation re8 quired before July 18, 2003, by a Federal, State, or local

9 environmental agency for unauthorized or unanticipated

10 environmental impacts within, or in the vicinity of, the au11 thorized project.

12 SEC. 3032. TAMPA HARBOR, FLORIDA.

13 The project for navigation, Tampa Harbor, Florida,

14 referred to in section 4 of the Rivers and Harbors Act

15 of September 22, 1922 (42 Stat. 1042), is modified to

16 direct the Secretary to credit toward the non-Federal

17 share of the cost of the project the cost of planning, de18 sign, and construction work carried out by the non-Fed19 eral interest before the date of the partnership agreement

20 for the project if the Secretary determines that the work

21 is integral to the project.

22 SEC. 3033. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.

23 The project for navigation, Tampa Harbor-Big Bend

24 Channel, Florida, authorized by section 101(a)(18) of the

25 Water Resources Development Act of 1999 (113 Stat.

26 276) is modified to direct the Secretary to credit toward
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1 the non-Federal share of the cost of the project the cost

2 of planning, design, and construction work carried out by

3 the non-Federal interest before the date of the partnership

4 agreement for the project if the Secretary determines that

5 the work is integral to the project.

6 SEC. 3034. TAMPA HARBOR-CUT B, FLORIDA.

7 The project for navigation, Tampa Harbor, Florida,

8 authorized by section 101 of the River and Harbor Act

9 of 1970 (84 Stat. 1818), is modified to authorize the Sec10 retary to construct passing lanes in an area approximately

11 3.5 miles long and centered on Tampa Bay Cut B if the

12 Secretary determines that such improvements are nec13 essary for navigation safety.

14 SEC. 3035. LITTLE WOOD RIVER, GOODING, IDAHO.

15 The project for flood damage reduction, Little Wood

16 River, Gooding, Idaho, being carried out under section

17 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

18 is modified—

19 (1) to authorize the non-Federal interest to pro20 vide any portion of the non-Federal share of the cost

21 of the project in the form of services, materials, sup22 plies, or other in-kind contributions;

23 (2) to authorize the non-Federal interest to use

24 funds made available under any other Federal pro25 gram toward the non-Federal share of the cost of
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1 the project if such use of the funds is permitted

2 under the other Federal program; and

3 (3) to direct the Secretary, in calculating the

4 non-Federal share of the cost of the project, to make

5 a determination under section 103(m) of the Water

6 Resources Development Act of 1986 (33 U.S.C.

7 2213(m)) on the non-Federal interest’s ability to

8 pay.

9 SEC. 3036. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS.

10 (a) ONGOING PROJECT.—The project for improve11 ment of the quality of the environment, Chicago Sanitary

12 and Ship Canal, Illinois, being carried out under section

13 1135 of the Water Resources Development Act of 1986

14 (33 U.S.C. 2309a) to provide for a dispersal barrier for

15 invasive species, is modified to allow that Federal assist16 ance made available through other Federal agencies may

17 be used toward payment of the non-Federal share of the

18 costs of the project.

19 (b) NEW WORK.—The Secretary shall conduct a

20 study of a project for the improvement of the quality of

21 the environment, Chicago Sanitary and Ship Canal, Illi22 nois, and if the Secretary determines that the project is

23 appropriate, shall carry out a project under section 1135

24 of the Water Resources Development Act of 1986 (33

25 U.S.C. 2309a), including upgrades or improvements to the
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1 existing barrier for aquatic invasive species. Federal as2 sistance made available by other Federal agencies may be

3 used toward payment of the non-Federal share of the cost

4 of the project.

5 SEC. 3037. HENNEPIN-HOPPER LAKES, ILLINOIS.

6 (a) PROJECT PURPOSE.—The project for flood con7 trol, Hennepin levees, Illinois, authorized by the Flood

8 Control Act of June 26, 1936 (35 Stat. 1583), is modified

9 to add environmental restoration as a project purpose.

10 (b) MAXIMUM AMOUNT.—The maximum amount of

11 Federal funds that may be expended for the project for

12 improvement of the quality of the environment, Hennepin13 Hopper Lakes, Illinois, being carried out under section

14 1135 of the Water Resources Development Act of 1986

15 (33 U.S.C. 2309a), shall be $7,500,000.

16 (c) LIMITATION.—Nothing in this section shall affect

17 the eligibility of the project for emergency repair assist18 ance under section 5(a) of the Act entitled ‘‘An Act au19 thorizing the construction of certain public works on rivers

20 and harbors for flood control, and for other purposes’’,

21 approved August 18, 1941 (33 U.S.C. 701n).

22 SEC. 3038. MISSISSIPPI RIVER AND BIG MUDDY RIVER, ILLI23 NOIS.

24 (a) IN GENERAL.—The project for flood control, Mis25 sissippi River and Big Muddy River, Illinois, authorized
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1 by the Flood Control Act of 1938, is modified to authorize

2 the Secretary to carry out repair and rehabilitation of the

3 project at a total cost of $22,600,000, with an estimated

4 Federal cost of $16,950,000 and an estimated non-Fed5 eral cost of $5,650,000, and to perform operation and

6 maintenance of the project thereafter.

7 (b) OTHER ASSISTANCE.—Federal assistance made

8 available through the Department of Agriculture may be

9 used toward payment of the non-Federal share of the costs

10 of the repair and rehabilitation under this section.

11 (c) UNITED STATES LANDS.—Costs under this sec12 tion for the repair and rehabilitation allocable to the pro13 tection of lands owned by the United States shall be a

14 Federal responsibility. The Secretary shall seek reimburse15 ment from the Secretary of Agriculture for the costs allo16 cated to protecting lands owned by the Department of Ag17 riculture.

18 (d) OPERATION AND MAINTENANCE OF NON-FED19 ERAL LANDS.—The cost of operation and maintenance

20 under this section allocated to protecting non-Federal

21 lands shall be a non-Federal responsibility.

22 SEC. 3039. SPUNKY BOTTOMS, ILLINOIS.

23 (a) PROJECT PURPOSE.—The project for flood con24 trol at Spunky Bottoms, Illinois, authorized by section 5

25 of the Flood Control Act of June 26, 1936 (35 Stat.
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1 1584), is modified to add environmental restoration as a

2 project purpose.

3 (b) MAXIMUM AMOUNT.—The maximum amount of

4 Federal funds that may be expended for the project for

5 improvement of the quality of the environment, Spunky

6 Bottoms, Illinois, being carried out under section 1135 of

7 the Water Resources Development Act of 1986 (33 U.S.C.

8 2309a), shall be $7,500,000.

9 (c) LIMITATION.—Nothing in this section shall affect

10 the eligibility of the project for emergency repair assist11 ance under section 5(a) of the Act entitled ‘‘An Act au12 thorizing the construction of certain public works on rivers

13 and harbors for flood control, and for other purposes’’,

14 approved August 18, 1941 (33 U.S.C. 701n).

15 SEC. 3040. EMIQUON, ILLINOIS.

16 (a) MAXIMUM AMOUNT.—The maximum amount of

17 Federal funds that may be expended for the project for

18 aquatic ecosystem restoration, Emiquon, Illinois, being

19 carried out under section 206 of the Water Resources De20 velopment Act of 1996 (33 U.S.C. 2330), shall be

21 $7,500,000.

22 (b) LIMITATION.—Nothing in this section shall affect

23 the eligibility of the project for emergency repair assist24 ance under section 5(a) of the Act entitled ‘‘An Act au25 thorizing the construction of certain public works on rivers
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1 and harbors for flood control, and for other purposes’’,

2 approved August 18, 1941 (33 U.S.C. 701n).

3 SEC. 3041. LITTLE CALUMET RIVER, INDIANA.

4 The project for flood control, Little Calumet River,

5 Indiana, authorized by section 401(a) of the Water Re6 sources Development Act of 1986 (100 Stat. 4115), is

7 modified to authorize the Secretary to carry out the

8 project in accordance with the postauthorization change

9 report dated August 2000, at a total cost of

10 $186,300,000, with an estimated Federal cost of

11 $136,600,000 and an estimated non-Federal cost of

12 $49,700,000.

13 SEC. 3042. WHITE RIVER, INDIANA.

14 The project for flood control, Indianapolis on West

15 Fork of White River, Indiana, authorized by section 5 of

16 the Act entitled ‘‘An Act authorizing the construction of

17 certain public works on rivers and harbors for flood con18 trol, and other purposes’’, approved June 22, 1936 (49

19 Stat. 1586), and modified by section 323 of the Water

20 Resources Development Act of 1996 (110 Stat. 3716) and

21 section 322 of the Water Resources Development Act of

22 1999 (113 Stat. 303–304), is further modified to author23 ize the Secretary to undertake the riverfront alterations

24 described in the Central Indianapolis Waterfront Concept

25 Plan, dated February 1994, for the Fall Creek Reach fea-
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1 ture, at a total cost of $28,545,000 and to direct the Sec2 retary to credit toward the non-Federal share of the cost

3 of the project the cost of planning, design, and construc4 tion work carried out by the non-Federal interest before

5 the date of the partnership agreement for the project if

6 the Secretary determines that the work is integral to the

7 project.

8 SEC. 3043. WOLF LAKE, INDIANA.

9 The project for aquatic ecosystem restoration, Wolf

10 Lake, Indiana, being carried out under section 206 of the

11 Water Resources Development Act of 1996 (33 U.S.C.

12 2330), is modified to direct the Secretary to credit toward

13 the non-Federal share of the cost of the project the cost

14 of planning, design, and construction work carried out by

15 the non-Federal interest before the date of the partnership

16 agreement for the project if the Secretary determines that

17 the work is integral to the project.

18 SEC. 3044. PRESTONSBURG, KENTUCKY.

19 The Prestonsburg, Kentucky, element of the project

20 for flood control, Levisa and Tug Fork of the Big Sandy

21 and Cumberland Rivers, West Virginia, Virginia, and Ken22 tucky, authorized by section 202(a) of the Energy and

23 Water Development Appropriations Act, 1981 (94 Stat.

24 1339), is modified to direct the Secretary to take measures
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1 to provide a 100-year level of flood protection for the city

2 of Prestonsburg.

3 SEC. 3045. AMITE RIVER AND TRIBUTARIES, LOUISIANA,

4 EAST BATON ROUGE PARISH WATERSHED.

5 The project for flood damage reduction and recre6 ation, Amite River and Tributaries, Louisiana, East

7 Baton Rouge Parish Watershed, authorized by section

8 101(a)(21) of the Water Resources Development Act of

9 1999 (113 Stat. 277) and modified by section 116 of Divi10 sion D of Public Law 108–7 (117 Stat. 140), is further

11 modified to direct the Secretary to carry out the project

12 with the cost sharing for the project determined in accord13 ance with section 103(a) of the Water Resources Develop14 ment Act of 1986 (33 U.S.C. 2213(a)), as in effect on

15 October 11, 1996.

16 SEC. 3046. ATCHAFALAYA BASIN, LOUISIANA.

17 (a) IN GENERAL.—Section 315(a)(1) of the Water

18 Resources Development Act of 2000 (114 Stat. 2603–

19 2604) is amended to read as follows:

20 ‘‘(1) is authorized to study, design, construct,

21 operate, and maintain, at Federal expense, a Type

22 A Regional Visitor Center in the vicinity of Morgan

23 City, Louisiana, in consultation with the State of

24 Louisiana, to provide information to the public on

25 the Atchafalaya River system and other associated
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1 waterways that have influenced surrounding commu2 nities, and national and local water resources devel3 opment of the Army Corps of Engineers in South

4 Central Louisiana; and’’.

5 (b) TECHNICAL CORRECTION.—Section 315(b) of

6 such Act is amended by striking ‘‘(a)’’ and inserting

7 ‘‘(a)(2)’’.

8 (c) DONATIONS.—Section 315 of such Act is amend9 ed by adding at the end the following:

10 ‘‘(c) DONATIONS.—In carrying out subsection (a)(1),

11 the Mississippi River Commission is authorized to accept

12 the donation of cash, funds, lands, materials, and services

13 from non-Federal governmental entities and nonprofit cor14 porations.’’.

15 SEC. 3047. PUBLIC ACCESS, ATCHAFALAYA BASIN

16 FLOODWAY SYSTEM, LOUISIANA.

17 The public access feature of the Atchafalaya Basin

18 Floodway System, Louisiana, project, authorized by the

19 Water Resources Development Act 1986 (100 Stat. 4142),

20 is modified to authorize the Secretary to acquire from will21 ing sellers the fee interest, exclusive of oil, gas, and min22 erals, of an additional 20,000 acres of land within the

23 Lower Atchafalaya Basin Floodway for the public access

24 feature of the Atchafalaya Basin Floodway System, to en-
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1 hance fish and wildlife resources, at a total cost of

2 $4,000,000.

3 SEC. 3048. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI

4 RIVER TO SHREVEPORT, LOUISIANA.

5 The project for mitigation of fish and wildlife losses,

6 J. Bennett Johnston Waterway, Mississippi River to

7 Shreveport, Louisiana, authorized by section 601(a) of the

8 Water Resources Development Act of 1986 (100 Stat.

9 4142) and modified by section 4(h) of the Water Re10 sources Development Act of 1988 (102 Stat. 4016), sec11 tion 102(p) of the Water Resources Development Act of

12 1990 (104 Stat. 4613), section 301(b)(7) of the Water

13 Resources Development Act of 1996 (110 Stat. 3710), and

14 section 316 of the Water Resources Development Act of

15 2000 (114 Stat. 2572), is further modified to authorize

16 the purchase and reforesting of lands which have been

17 cleared or converted to agricultural uses.

18 SEC. 3049. MISSISSIPPI DELTA REGION, LOUISIANA.

19 The Mississippi Delta Region project, Louisiana, au20 thorized as part of the project for hurricane-flood protec21 tion on Lake Pontchartrain, Louisiana, by section 204 of

22 the Flood Control Act of 1965 (79 Stat. 1077) and modi23 fied by section 365 of the Water Resources Development

24 Act of 1996 (110 Stat. 3739), is further modified to direct

25 the Secretary to credit toward the non-Federal share of
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1 the cost of the project the costs of relocating oyster beds

2 in the Davis Pond project area if the Secretary determines

3 that the work is integral to the Mississippi Delta Region

4 project.

5 SEC. 3050. NEW ORLEANS TO VENICE, LOUISIANA.

6 The New Orleans to Venice, Louisiana, project for

7 hurricane protection, authorized by section 203 of the

8 Flood Control Act of 1962 (76 Stat. 1184), is modified

9 to authorize the Secretary to carry out the work on the

10 St. Jude to City Price, Upper Reach A back levee. The

11 Federal share of the cost of such work shall be 70 percent.

12 SEC. 3051. WEST BANK OF THE MISSISSIPPI RIVER (EAST

13 OF HARVEY CANAL), LOUISIANA.

14 Section 328 of the Water Resources Development Act

15 of 1999 (113 Stat. 304–305) is amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘operation and mainte18 nance’’ and inserting ‘‘operation, maintenance,

19 rehabilitation, repair, and replacement’’; and

20 (B) by striking ‘‘Algiers Channel’’ and in21 serting ‘‘Algiers Canal Levees’’; and

22 (2) by adding at the end the following:

23 ‘‘(c) COST SHARING.—The non-Federal share of the

24 cost of the project shall be 35 percent.’’.
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1 SEC. 3052. CAMP ELLIS, SACO, MAINE.

2 The maximum amount of Federal funds that may be

3 expended for the project being carried out under section

4 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i)

5 for the mitigation of shore damages attributable to the

6 project for navigation, Camp Ellis, Saco, Maine, shall be

7 $10,000,000.

8 SEC. 3053. UNION RIVER, MAINE.

9 The project for navigation, Union River, Maine, au10 thorized by the first section of the Act entitled ‘‘An Act

11 making appropriations for the construction, repair, and

12 preservation of certain public works on rivers and harbors,

13 and for other purposes’’, approved June 3, 1896 (29 Stat.

14 215), is modified by redesignating as an anchorage area

15 that portion of the project consisting of a 6-foot turning

16 basin and lying northerly of a line commencing at a point

17 N315,975.13, E1,004,424.86 thence running north 61 de18 grees 27 minutes 20.71 seconds west about 132.34 feet

19 to a point N316,038.37, E1,004,308.61.

20 SEC. 3054. CASS RIVER, SPAULDING TOWNSHIP, MICHIGAN.

21 (a) IN GENERAL.—The project for flood damage re22 duction, Cass River, Spaulding Township, Saginaw Coun23 ty, Michigan, being carried out under section 205 of the

24 Flood Control Act of 1948 (33 U.S.C. 701s), is modified

25 to incorporate flood control works constructed by the non26 Federal interests between Sheridan Road and East Street
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1 (M–13) if the Secretary determines that the inclusion of

2 such flood control works is feasible and to authorize the

3 Secretary to carry out the project in accordance with the

4 report prepared by the non-Federal interest if the Sec5 retary determines that the report meets the evaluation and

6 design standards of the Corps of Engineers and that the

7 project is feasible.

8 (b) CREDIT.—The Secretary shall credit toward the

9 non-Federal share of the cost of the project the cost of

10 work carried out by the non-Federal interest before the

11 date of the partnership agreement for the project if the

12 Secretary determines that the work is integral to the

13 project.

14 SEC. 3055. DETROIT RIVER SHORELINE, DETROIT, MICHI15 GAN.

16 (a) IN GENERAL.—The project for emergency

17 streambank and shoreline protection, Detroit River Shore18 line, Detroit, Michigan, being carried out under section 14

19 of the Flood Control Act of 1946 (33 U.S.C. 701r), is

20 modified to include measures to enhance public access.

21 (b) MAXIMUM FEDERAL EXPENDITURE.—The max22 imum amount of Federal funds that may be expended for

23 the project shall be $3,000,000.
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1 SEC. 3056. WATER RESOURCES INSTITUTE, MUSKEGON,

2 MICHIGAN.

3 (a) IN GENERAL.—The project for emergency

4 streambank and shoreline protection, Water Resources In5 stitute, Muskegon, Michigan, being carried out under sec6 tion 14 of the Flood Control Act of 1946 (33 U.S.C.

7 701r), is modified to provide for completion of shoreline

8 protection measures in accordance with the approved

9 plans and specifications for Grand Valley State University,

10 Lake Michigan Center, dated August 6, 2001.

11 (b) MAXIMUM FEDERAL EXPENDITURE.—The max12 imum amount of Federal funds that may be expended for

13 the project shall be $2,000,000.

14 (c) CREDIT.—The Secretary shall credit toward the

15 non-Federal share of the cost of the project the cost of

16 design and implementation of shoreline protection meas17 ures carried out by the non-Federal interest before the

18 date of the partnership agreement for the project if the

19 Secretary determines that the work is integral to the

20 project.

21 SEC. 3057. SAGINAW RIVER, BAY CITY, MICHIGAN.

22 The maximum amount of Federal funds that may be

23 expended for the project for emergency streambank pro24 tection, Saginaw River, Bay City, Michigan, being carried

25 out under section 14 of the Flood Control Act of 1946

26 (33 U.S.C. 701r), shall be $2,000,000.
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1 SEC. 3058. ADA, MINNESOTA.

2 (a) IN GENERAL.—The project for flood damage re3 duction, Wild Rice River, Ada, Minnesota, being carried

4 out under section 205 of the Flood Control Act of 1948

5 (33 U.S.C. 701s), is modified to authorize the Secretary

6 to consider national ecosystem restoration benefits in de7 termining the Federal interest in the project.

8 (b) EVALUATION OF BENEFITS AND COSTS.—In

9 evaluating the economic benefits and costs for the project,

10 the Secretary shall not consider the emergency levee adja11 cent to Judicial Ditch No. 51 in the determination of con12 ditions existing prior to construction of the project.

13 (c) SPECIAL RULE.—In evaluating and implementing

14 the project, the Secretary shall allow the non-Federal in15 terest to participate in the financing of the project in ac16 cordance with section 903(c) of the Water Resources De17 velopment Act of 1986 (100 Stat. 4184) to the extent that

18 the Secretary’s evaluation indicates that applying such

19 section is necessary to implement the project.

20 SEC. 3059. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.

21 (a) IN GENERAL.—The project for navigation, Du22 luth Harbor, McQuade Road, Minnesota, being carried out

23 under section 107 of the River and Harbor Act of 1960

24 (33 U.S.C. 577) and modified by section 321 of the Water

25 Resources Development Act of 2000 (114 Stat. 2605), is

26 further modified to authorize the Secretary to provide
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1 public access and recreational facilities as generally de2 scribed in the Detailed Project Report and Environmental

3 Assessment, McQuade Road Harbor of Refuge, Duluth,

4 Minnesota, dated August 1999.

5 (b) CREDIT.—The Secretary shall provide credit to6 ward the non-Federal share of the cost of the project for

7 the costs of design work carried out before the date of

8 the partnership agreement for the project if the Secretary

9 determines that the work is integral to the project.

10 (c) MAXIMUM FEDERAL EXPENDITURE.—The max11 imum amount of Federal funds that may be expended for

12 the project shall be $5,000,000.

13 SEC. 3060. GRAND PORTAGE HARBOR, MINNESOTA.

14 The Secretary shall provide credit toward the non15 Federal share of the cost of the navigation project for

16 Grand Portage Harbor, Minnesota, carried out under sec17 tion 107 of the River and Harbor Act of 1960 (33 U.S.C.

18 577) and modified by section 312 of the Water Resources

19 Development Act of 2000 (114 Stat. 2605), for the costs

20 of design work carried out before the date of the partner21 ship agreement for the project if the Secretary determines

22 that the work is integral to the project.

23 SEC. 3061. GRANITE FALLS, MINNESOTA.

24 (a) IN GENERAL.—The Secretary is directed to im25 plement under section 205 of the Flood Control Act of
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1 1948 (33 U.S.C. 701s) the locally preferred plan for flood

2 damage reduction, Granite Falls, Minnesota, substantially

3 in accordance with the detailed project report dated 2002,

4 at a total cost of $12,000,000, with an estimated Federal

5 cost of $8,000,000 and an estimated non-Federal cost of

6 $4,000,000.

7 (b) PROJECT FINANCING.—In evaluating and imple8 menting the project under this section, the Secretary shall

9 allow the non-Federal interests to participate in the fi10 nancing of the project in accordance with section 903(c)

11 of the Water Resources Development Act of 1986 (100

12 Stat. 4184), to the extent that the detailed project report

13 evaluation indicates that applying such section is nec14 essary to implement the project.

15 (c) CREDIT.—The Secretary shall credit toward the

16 non-Federal share of the project the cost of design and

17 construction work carried out by the non-Federal interest

18 before date of execution of a partnership agreement for

19 the project if the Secretary determines that the work is

20 integral to the project.

21 (d) MAXIMUM FUNDING.—The maximum amount of

22 Federal funds that may be expended for the flood damage

23 reduction shall be $8,000,000.
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1 SEC. 3062. MINNEAPOLIS, MINNESOTA.

2 Section 527 of the Water Resources Development Act

3 of 2000 (114 Stat. 2657) is amended—

4 (1) in subsection (a) by inserting after ‘‘June

5 30, 1999’’ the following ‘‘, and including Hennepin

6 Island and adjacent areas on the east side of the

7 Mississippi River’’; and

8 (2) in subsection (c) by striking ‘‘$10,000,000’’

9 and inserting ‘‘$25,000,000’’.

10 SEC. 3063. RED LAKE RIVER, MINNESOTA.

11 The project for flood control, Red Lake River at

12 Crookston, Minnesota, authorized by section 101(a)(23) of

13 the Water Resources Development Act of 1999 (113 Stat.

14 278), is modified to include flood protection for the adja15 cent and interconnected areas generally known as the

16 Sampson and Chase/Loring neighborhoods, in accordance

17 with the Feasibility Report Supplement, Local Flood Pro18 tection, Crookston, Minnesota, at a total cost of

19 $25,000,000, with an estimated Federal cost of

20 $16,250,000 and an estimated non-Federal cost of

21 $8,750,000.

22 SEC. 3064. SILVER BAY, MINNESOTA.

23 The project for navigation, Silver Bay, Minnesota,

24 authorized by section 2 of the Rivers and Harbors Act

25 of March 2, 1945 (59 Stat. 19), is modified to include
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1 operation and maintenance of the general navigation fa2 cilities as a Federal responsibility.

3 SEC. 3065. TACONITE HARBOR, MINNESOTA.

4 The project for navigation, Taconite Harbor, Min5 nesota, carried out under section 107 of the River and

6 Harbor Act of 1960 (33 U.S.C. 577), is modified to in7 clude operation and maintenance of the general navigation

8 facilities as a Federal responsibility.

9 SEC. 3066. TWO HARBORS, MINNESOTA.

10 (a) IN GENERAL.—The project for navigation, Two

11 Harbors, Minnesota, being carried out under section 107

12 of the River and Harbor Act of 1960 (33 U.S.C. 577),

13 is modified to include construction of a dredged material

14 disposal facility, including actions required to clear the

15 site.

16 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—

17 Non-Federal interests shall be responsible for providing all

18 lands, easements, rights-of-way, and relocations necessary

19 for the construction of the dredged material disposal facil20 ity.

21 (c) MAXIMUM FEDERAL EXPENDITURE.—The max22 imum amount of Federal funds that may be expended for

23 the project shall be $5,000,000.
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1 SEC. 3067. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI.

2 The project for ecosystem restoration, Deer Island,

3 Harrison County, Mississippi, being carried out under sec4 tion 204 of the Water Resources Development Act of 1992

5 (33 U.S.C. 2326) is modified to authorize the non-Federal

6 interest to provide any portion of the non-Federal share

7 of the cost of the project in the form of services, materials,

8 supplies, or other in-kind contributions.

9 SEC. 3068. BOIS BRULE DRAINAGE AND LEVEE DISTRICT,

10 MISSOURI.

11 The maximum amount of Federal funds that may be

12 expended for the project for flood damage reduction, Bois

13 Brule Drainage and Levee District, Missouri, being car14 ried out under section 205 of the Flood Control Act of

15 1948 (33 U.S.C. 701s), shall be $25,000,000.

16 SEC. 3069. SAND CREEK WATERSHED, WAHOO, NEBRASKA.

17 The project for ecosystem restoration and flood dam18 age reduction, Sand Creek watershed, Wahoo, Nebraska,

19 authorized by section 101(b)(20) of the Water Resources

20 Development Act of 2000 (114 Stat. 2578), is modified—

21 (1) to direct the Secretary to provide credit to22 ward the non-Federal share of the cost of the project

23 or reimbursement for the costs of any work that has

24 been or will be performed by the non-Federal inter25 est before, on, or after the approval of the project

26 partnership agreement, including work performed by
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1 the non-Federal interest in connection with the de2 sign and construction of 7 upstream detention stor3 age structures, if the Secretary determines that the

4 work is integral to the project;

5 (2) to require that in-kind work to be credited

6 under paragraph (1) be subject to audit; and

7 (3) to direct the Secretary to accept advance

8 funds from the non-Federal interest as needed to

9 maintain the project schedule.

10 SEC. 3070. ALAMOGORDO, NEW MEXICO.

11 The Secretary shall review the general reevaluation

12 report, dated March 1999, for the project for flood protec13 tion, Alamogordo, New Mexico, authorized by section 203

14 of the Flood Control Act of 1962 (76 Stat. 85), and deter15 mine if the locally preferred flood detention basin would

16 provide the same level of flood protection for the north

17 side of the city of Alamogordo at a cost that is not greater

18 than the cost of authorized channel improvements. If the

19 Secretary determines that the flood detention basin is fea20 sible, would not provide a lesser level of flood protection,

21 and can be constructed at the no additional cost, the Sec22 retary may construct the flood detention basin instead of

23 the channel improvements. The Federal share of the cost

24 of the flood detention basin alternative shall be calculated
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1 in the same manner as if the channel improvements

2 project was being constructed.

3 SEC. 3071. ORCHARD BEACH, BRONX, NEW YORK.

4 The project for shoreline protection, Orchard Beach,

5 Bronx, New York, authorized by section 554 of the Water

6 Resources Development Act of 1996 (110 Stat. 3781), is

7 modified to authorize the Secretary to construct the

8 project, at a total cost of $18,200,000.

9 SEC. 3072. TIMES BEACH, BUFFALO, NEW YORK.

10 The project for improvement of the quality of the en11 vironment, Times Beach, Buffalo, New York, being car12 ried out under section 1135 of the Water Resources Devel13 opment Act of 1986 (100 Stat. 4251), is modified to direct

14 the Secretary to credit not more than $750,000 toward

15 the non-Federal share of the cost of the project for the

16 cost of planning, design, and construction work carried out

17 by the non-Federal interest before the date of the partner18 ship agreement for the project if the Secretary determines

19 the work is integral to the project.

20 SEC. 3073. PORT OF NEW YORK AND NEW JERSEY, NEW

21 YORK AND NEW JERSEY.

22 The navigation project, Port of New York and New

23 Jersey, New York and New Jersey, authorized by section

24 101(a)(2) of the Water Resources Development Act of

25 2000 (114 Stat. 2576), is modified—
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1 (1) to authorize the Secretary to allow the non2 Federal interest to construct a temporary dredged

3 material storage facility to receive dredged material

4 from the project if—

5 (A) the non-Federal interest submits, in

6 writing, a list of potential sites for the tem7 porary storage facility to the Committee on

8 Transportation and Infrastructure of the House

9 of Representatives, the Committee on Environ10 ment and Public Works of the Senate, and the

11 Secretary at least 180 days before the selection

12 of the final site; and

13 (B) at least 70 percent of the dredged ma14 terial generated in connection with the project

15 suitable for beneficial reuse will be used at sites

16 in the State of New Jersey to the extent that

17 there are sufficient sites available; and

18 (2) to direct the Secretary to credit toward the

19 non-Federal share of the cost of the project the cost

20 of construction of the temporary storage facility if

21 the Secretary determines that the work is integral to

22 the project.
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1 SEC. 3074. NEW YORK STATE CANAL SYSTEM.

2 Section 553(c) of the Water Resources Development

3 Act of 1996 (110 Stat. 3781) is amended to read as fol4 lows:

5 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.—

6 In this section, the term ‘New York State Canal System’

7 means the 524 miles of navigable canal that comprise the

8 New York State Canal System, including the Erie, Ca9 yuga-Seneca, Oswego, and Champlain Canals and the his10 toric alignments of these canals, including the cities of Al11 bany and Buffalo.’’.

12 SEC. 3075. ARCADIA LAKE, OKLAHOMA.

13 Payments made by the city of Edmond, Oklahoma,

14 to the Secretary in October 1999 of all costs associated

15 with present and future water storage costs at Arcadia

16 Lake, Oklahoma, under Arcadia Lake Water Storage Con17 tract Number DACW56–79–C–002 shall satisfy the obli18 gations of the city under that contract.

19 SEC. 3076. WILLAMETTE RIVER TEMPERATURE CONTROL,

20 MCKENZIE SUBBASIN, OREGON.

21 (a) IN GENERAL.—The project for environmental

22 restoration, Willamette River Temperature Control,

23 McKenzie Subbasin, Oregon, authorized by section

24 101(a)(25) of the Water Resources Development Act of

25 1996 (110 Stat. 3665) and modified by section 344 of

26 the Water Resources Development Act of 1999 (113 Stat.
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1 308), is further modified to direct the Secretary to pay,

2 subject to the availability of appropriations, compensation

3 for losses to small business attributable to the implemen4 tation of the drawdown conducted as a part of project im5 plementation in 2002.

6 (b) ESTABLISHMENT OF PROGRAM.—Not later than

7 120 days after the date of enactment of this Act, the Sec8 retary shall establish, and provide public notice of, a

9 program—

10 (1) to receive claims for compensation for losses

11 to small business attributable to the implementation

12 of the drawdown conducted as a part of project im13 plementation in 2002;

14 (2) to evaluate claims for such losses; and

15 (3) to pay claims for such losses.

16 (c) IMPLEMENTATION OF PROGRAM.—In carrying

17 out the program established under subsection (b), the Sec18 retary shall provide—

19 (1) public notice of the existence of the pro20 gram sufficient to reach those in the area that may

21 have suffered losses to small businesses;

22 (2) a period for the submission of claims of not

23 fewer than 45 days and not greater than 75 days

24 from the date of the first public notice of the exist25 ence of the program;
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1 (3) for the evaluation of each claim submitted

2 to the Secretary under the program and a deter3 mination of whether the claim constitutes a loss to

4 a small business on or before the last day of the 30-

5 day period beginning on the date of submission of

6 the claim; and

7 (4) for the payment of each claim that the Sec8 retary determines constitutes a loss to a small busi9 ness on or before the last day of the 30-day period

10 beginning on the date of the Secretary’s determina11 tion.

12 (d) LOSS TO A SMALL BUSINESS DEFINED.—In this

13 section, the term ‘‘loss to a small business’’ means docu14 mented financial losses associated with commercial activ15 ity of a small business that can be attributed to the tur16 bidity levels in the McKenzie River being higher than

17 those anticipated in the original planning documents and

18 public announcements existing before the initiation of the

19 drawdown in 2002. Commercial losses include decline in

20 sales, loss of revenue (including loss of revenue from can21 celed or delayed reservations at lodging establishments),

22 and any other financial losses that can be shown to be

23 associated with the elevated turbidity levels in the

24 McKenzie River in 2002.
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1 (e) PAYMENT OF CLAIMS.—The payment of claims

2 for losses to small businesses shall be a Federal responsi3 bility.

4 SEC. 3077. FRENCH CREEK, UNION CITY DAM, PENNSYL5 VANIA.

6 The project for flood control French Creek, Union

7 City Dam, Pennsylvania, authorized by section 203 of the

8 Flood Control Act of 1962 (76 Stat. 1189), is modified

9 to include recreation as a project purpose.

10 SEC. 3078. LACKAWANNA RIVER AT OLYPHANT, PENNSYL11 VANIA.

12 The project for flood control, Lackawanna River at

13 Olyphant, Pennsylvania, authorized by section 101(16) of

14 the Water Resources Development Act of 1992 (106 Stat.

15 4803), is modified to authorize the Secretary to construct

16 the project, at a total cost of $20,000,000.

17 SEC. 3079. LACKAWANNA RIVER AT SCRANTON, PENNSYL18 VANIA.

19 The project for flood control, Lackawanna River at

20 Scranton, Pennsylvania, authorized by section 101(17) of

21 the Water Resources Development Act of 1992 (106 Stat.

22 4803), is modified to authorize the Secretary to construct

23 the project, at a total cost of $23,000,000.
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1 SEC. 3080. RAYSTOWN LAKE, PENNSYLVANIA.

2 The Secretary may take such action as may be nec3 essary, including construction of a breakwater, to prevent

4 shoreline erosion between .07 and 2.7 miles south of Penn5 sylvania State Route 994 on the east shore of Raystown

6 Lake, Pennsylvania.

7 SEC. 3081. SHERADEN PARK STREAM AND CHARTIERS

8 CREEK, ALLEGHENY COUNTY, PENNSYL9 VANIA.

10 The project for aquatic ecosystem restoration,

11 Sheraden Park Stream and Chartiers Creek, Allegheny

12 County, Pennsylvania, being carried out under section 206

13 of the Water Resources Development Act of 1996 (33

14 U.S.C. 2330), is modified to direct the Secretary to credit

15 up to $400,000 toward the non-Federal share of the cost

16 of the project for planning and design work carried out

17 by the non-Federal interest before the date of the partner18 ship agreement for the project if the Secretary determines

19 that the work is integral to the project.

20 SEC. 3082. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL21 VANIA.

22 The project for flood control, Wyoming Valley, Penn23 sylvania, authorized by section 401(a) of the Water Re24 sources Development Act of 1986 (100 Stat. 4124), is

25 modified to include as a project element the project for
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1 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl2 vania.

3 SEC. 3083. SOUTH CENTRAL PENNSYLVANIA.

4 Section 313(h)(2) of the Water Resources Develop5 ment Act of 1992 (106 Stat. 4847; 109 Stat. 407; 117

6 Stat. 142) is amended by striking ‘‘Allegheny, Armstrong,

7 Beford, Blair, Cambria, Clearfield, Fayette, Franklin,

8 Fulton, Greene, Huntingdon, Indiana, Juniata, Mifflin,

9 Somerset, Snyder, Washington, and Westmoreland Coun10 ties’’ and inserting ‘‘Allegheny, Armstrong, Bedford,

11 Blair, Cambria, Fayette, Franklin, Fulton, Greene, Hun12 tingdon, Indiana, Juniata, Somerset, Washington, and

13 Westmoreland Counties’’.

14 SEC. 3084. WYOMING VALLEY, PENNSYLVANIA.

15 In carrying out the project for flood control, Wyo16 ming Valley, Pennsylvania, authorized by section 401(a)

17 of the Water Resources Development Act of 1986 (100

18 Stat. 4124), the Secretary shall coordinate with non-Fed19 eral interests to review opportunities for increased public

20 access.

21 SEC. 3085. LITTLE LIMESTONE CREEK, JONESBOROUGH,

22 TENNESSEE.

23 In evaluating and implementing the project for flood

24 damage reduction, Little Limestone Creek, Jonesborough,

25 Tennessee, under section 205 of the Flood Control Act
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1 of 1948 (33 U.S.C. 701s), the Secretary shall allow the

2 non-Federal interest to participate in the financing of the

3 project in accordance with section 903(c) of the Water Re4 sources Development Act of 1986 (100 Stat. 4184), to the

5 extent that the Secretary’s evaluation indicates that apply6 ing such section is necessary to implement the project.

7 SEC. 3086. CEDAR BAYOU, TEXAS.

8 (a) IN GENERAL.—The project for navigation, Cedar

9 Bayou, Texas, reauthorized by section 349(a)(2) of the

10 Water Resources Development Act of 2000 (114 Stat.

11 2632), is modified—

12 (1) to authorize the Secretary to carry out the

13 project to a depth of 10 feet by 100 feet wide from

14 mile 2.5 to mile 11 on Cedar Bayou if the Secretary

15 determines that the project is feasible; and

16 (2) to direct the Secretary to credit toward the

17 non-Federal share of the cost of the project the cost

18 of planning and design work carried out by the non19 Federal interest for the project if the Secretary de20 termines that such work is integral to the project.

21 (b) COST SHARING.—Cost sharing for construction

22 and operation and maintenance of the project shall be de23 termined in accordance with section 101 of the Water Re24 sources Development Act of 1986 (33 U.S.C. 2211).
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1 SEC. 3087. LAKE KEMP, TEXAS.

2 (a) IN GENERAL.—The Secretary may not take any

3 legal or administrative action seeking to remove a Lake

4 Kemp improvement before the earlier of January 1, 2020,

5 or the date of any transfer of ownership of the improve6 ment occurring after the date of enactment of this Act.

7 (b) LIMITATION ON LIABILITY.—The United States,

8 or any of its officers, agents, or assignees, shall not be

9 liable for any injury, loss, or damage accruing to the own10 ers of a Lake Kemp improvement, their lessees, or occu11 pants as a result of any flooding or inundation of such

12 improvements by the waters of the Lake Kemp reservoir,

13 or for such injury, loss, or damage as may occur through

14 the operation and maintenance of the Lake Kemp dam

15 and reservoir in any manner.

16 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this

17 section, the term ‘‘Lake Kemp improvement’’ means an

18 improvement (including dwellings) located within the flow19 age easement of Lake Kemp, Texas, below elevation 1159

20 feet mean sea level.

21 SEC. 3088. LOWER RIO GRANDE BASIN, TEXAS.

22 The project for flood control, Lower Rio Grande

23 Basin, Texas, authorized by section 401(a) of the Water

24 Resources Development Act of 1986 (100 Stat. 4125), is

25 modified—
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1 (1) to include as part of the project flood pro2 tection works to reroute drainage to Raymondville

3 Drain constructed by the non-Federal interests in

4 Hidalgo County in the vicinity Edinburg, Texas, if

5 the Secretary determines that such work meets fea6 sibility requirements;

7 (2) to direct the Secretary to credit toward the

8 non-Federal share of the cost of the project the cost

9 of planning, design, and construction work carried

10 out by the non-Federal interest before the date of

11 the partnership agreement for the project if the Sec12 retary determines that the work is integral to the

13 project; and

14 (3) to direct the Secretary, in calculating the

15 non-Federal share of the cost of the project, to make

16 a determination within 180 days after the date of

17 enactment of this Act, under section 103(m) of the

18 Water Resources Development Act of 1986 (33

19 U.S.C. 2213(m)) on the non-Federal interest’s abil20 ity to pay.

21 SEC. 3089. NORTH PADRE ISLAND, CORPUS CHRISTI BAY,

22 TEXAS.

23 The project for ecosystem restoration and storm dam24 age reduction, North Padre Island, Corpus Christi Bay,

25 Texas, authorized by section 556 of the Water Resources
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1 Development Act of 1999 (113 Stat. 353), is modified to

2 include recreation as a project purpose.

3 SEC. 3090. PROCTOR LAKE, TEXAS.

4 The Secretary is authorized to convert flowage ease5 ments to fee simple title in the subdivisions of Buffalo

6 Springs and Frees Lakeview, and adjacent areas, located

7 within the boundaries necessary for the operation of the

8 Proctor Lake project, Texas, authorized by section 203

9 of the Flood Control Act of 1954 (68 Stat. 1259), and

10 to purchase all improved and unimproved properties with11 in such boundaries and to pay relocation assistance bene12 fits to qualified landowners as applicable under the provi13 sions of the Uniform Relocation Assistance and Real

14 Property Acquisition Act of 1970 (42 U.S.C. 4601 et

15 seq.).

16 SEC. 3091. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.

17 The project for flood control, San Antonio Channel,

18 Texas, authorized by section 203 of the Flood Control Act

19 of 1954 (68 Stat. 1259) as part of the comprehensive plan

20 for flood protection on the Guadalupe and San Antonio

21 Rivers in Texas and modified by section 103 of the Water

22 Resources Development Act of 1976 (90 Stat. 2921) and

23 section 335 of the Water Resources Development Act of

24 2000 (114 Stat. 2611), is further modified to authorize

25 the Secretary to credit toward the non-Federal share of
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1 the cost of the project the cost of design and construction

2 work carried out by the non-Federal interest for the

3 project if the Secretary determines that the work is inte4 gral to the project.

5 SEC. 3092. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA.

6 Section 358 of the Water Resources Development Act

7 of 1999 (113 Stat. 312) is amended by striking ‘‘Sep8 tember 30, 1999’’ and inserting ‘‘May 4, 1997’’.

9 SEC. 3093. ROANOKE RIVER UPPER BASIN, VIRGINIA.

10 The project for flood control, Roanoke River Upper

11 Basin, Virginia, authorized by section 401(a) of the Water

12 Resources Development Act of 1986 (100 Stat. 4126) and

13 modified by section 110 of the Energy and Water Develop14 ment Appropriations Act, 1990 (103 Stat. 650), is further

15 modified to authorize the Secretary to construct the

16 project, at a total cost of $64,300,000, with an estimated

17 Federal cost of $42,100,000 and an estimated non-Fed18 eral cost of $22,200,000.

19 SEC. 3094. BLAIR AND SITCUM WATERWAYS, TACOMA HAR20 BOR, WASHINGTON.

21 (a) IN GENERAL.—The project for navigation, Blair

22 and Sitcum Waterways, Tacoma Harbor, Washington, au23 thorized by section 202(a) of the Water Resources Devel24 opment Act of 1986 (100 Stat. 4096) and deepened to

25 51 feet under section 107 of the River and Harbor Act
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1 of 1960 (33 U.S.C. 577), is modified to direct the Sec2 retary to review the locally prepared plan for the Blair

3 and Sitcum Waterways, Washington, and, if the Secretary

4 determines that the plan meets the evaluation and design

5 standards of the Corps of Engineers and that the plan

6 is feasible, to authorize the Secretary to carry out the

7 plan, at a Federal cost of $4,240,000.

8 (b) NON-FEDERAL WORK.—The Secretary shall pro9 vide credit toward the non-Federal share of the cost of

10 the project, or reimbursement for, the cost of work carried

11 out by the non-Federal interest before the date of the part12 nership agreement for the project if the Secretary deter13 mines that the work is integral to the project.

14 SEC. 3095. GREENBRIER RIVER BASIN, WEST VIRGINIA.

15 Section 579(c) of the Water Resources Development

16 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended

17 by striking ‘‘$47,000,000’’ and inserting ‘‘$89,000,000’’.

18 SEC. 3096. MANITOWOC HARBOR, WISCONSIN.

19 The project for navigation, Manitowoc Harbor, Wis20 consin, authorized by the River and Harbor Act of August

21 30, 1852, is modified to direct the Secretary to deepen

22 the upstream reach of the navigation channel from 12 feet

23 to 18 feet, at a total cost of $300,000.
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1 SEC. 3097. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

2 Section 21 of the Water Resources Development Act

3 of 1988 (102 Stat. 4027) is amended—

4 (1) in subsection (a)—

5 (A) by striking ‘‘1276.42’’ and inserting

6 ‘‘1278.42’’;

7 (B) by striking ‘‘1218.31’’ and inserting

8 ‘‘1221.31’’; and

9 (C) by striking ‘‘1234.82’’ and inserting

10 ‘‘1235.30’’; and

11 (2) by striking subsection (b) and inserting the

12 following:

13 ‘‘(b) EXCEPTION.—The Secretary may operate the

14 headwaters reservoirs below the minimum or above the

15 maximum water levels established in subsection (a) in ac16 cordance with water control regulation manuals (or revi17 sions thereto) developed by the Secretary, after consulta18 tion with the Governor of Minnesota and affected tribal

19 governments, landowners, and commercial and rec20 reational users. The water control regulation manuals

21 (and any revisions thereto) shall be effective when the Sec22 retary transmits them to Congress. The Secretary shall

23 report to Congress at least 14 days before operating any

24 such headwaters reservoir below the minimum or above

25 the maximum water level limits specified in subsection (a);

26 except that notification is not required for operations nec-
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1 essary to prevent the loss of life or to ensure the safety

2 of the dam or where the drawdown of lake levels is in an3 ticipation of flood control operations.’’.

4 SEC. 3098. CONTINUATION OF PROJECT AUTHORIZATIONS.

5 (a) IN GENERAL.—Notwithstanding section

6 1001(b)(2) of the Water Resources Development Act of

7 1986 (33 U.S.C. 579a(b)(2)), the following projects shall

8 remain authorized to be carried out by the Secretary:

9 (1) The project for navigation, Fall River Har10 bor, Massachusetts, authorized by section 101 of the

11 River and Harbor Act of 1968 (82 Stat. 731); ex12 cept that the authorized depth of that portion of the

13 project extending riverward of the Charles M.

14 Braga, Jr. Memorial Bridge, Fall River and Som15 erset, Massachusetts, shall not exceed 35 feet.

16 (2) The project for flood control, Agana River,

17 Guam, authorized by section 401(a) of the Water

18 Resources Development Act of 1986 (100 Stat.

19 4127).

20 (b) LIMITATION.—A project described in subsection

21 (a) shall not be authorized for construction after the last

22 day of the 5-year period beginning on the date of enact23 ment of this Act, unless, during such period, funds have

24 been obligated for the construction (including planning

25 and design) of the project.
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1 SEC. 3099. PROJECT REAUTHORIZATIONS.

2 Each of the following projects may be carried out by

3 the Secretary and no construction on any such project may

4 be initiated until the Secretary determines that the project

5 is feasible:

6 (1) MENOMINEE HARBOR AND RIVER, MICHI7 GAN AND WISCONSIN.—The project for navigation,

8 Menominee Harbor and River, Michigan and Wis9 consin, authorized by section 101 of the River and

10 Harbor Act of 1960 (74 Stat. 482) and deauthorized

11 on April 15, 2002, in accordance with section

12 1001(b)(2) of the Water Resources Development Act

13 of 1986 (33 U.S.C. 579a(b)(2)).

14 (2) MANITOWOC HARBOR, WISCONSIN.—That

15 portion of the project for navigation, Manitowoc

16 Harbor, Wisconsin, consisting of the channel in the

17 south part of the outer harbor, deauthorized by sec18 tion 101 of the River and Harbor Act of 1962 (76

19 Stat. 1176).

20 SEC. 3100. PROJECT DEAUTHORIZATIONS.

21 (a) IN GENERAL.—The following projects are not au22 thorized after the date of enactment of this Act:

23 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The

24 portion of the project for navigation, Bridgeport

25 Harbor, Connecticut, authorized by the River and

26 Harbor Act of July 3, 1930 (46 Stat. 919), con-
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1 sisting of an 18-foot channel in Yellow Mill River

2 and described as follows: Beginning at a point along

3 the eastern limit of the existing project,

4 N123,649.75, E481,920.54, thence running north5 westerly about 52.64 feet to a point N123,683.03,

6 E481,879.75, thence running northeasterly about

7 1,442.21 feet to a point N125,030.08, E482,394.96,

8 thence running northeasterly about 139.52 feet to a

9 point along the east limit of the existing channel,

10 N125,133.87, E482,488.19, thence running south11 westerly about 1,588.98 feet to the point of origin.

12 (2) NORWALK HARBOR, CONNECTICUT.—The

13 following portions a 10-foot channel of the project

14 for navigation, Norwalk Harbor, Connecticut, au15 thorized by the first section of the Rivers and Har16 bors Appropriations Act of March 2, 1919 (40 Stat.

17 1276):

18 (A) An approximate rectangular shaped

19 section along the northwesterly terminus of the

20 channel. The section is 35-feet wide and about

21 460-feet long and is further described as fol22 lows: Commencing at a point N104,165.85,

23 E417,662.71, thence running south 24 degrees

24 06 minutes 55 seconds east 395.00 feet to a

25 point N103,805.32, E417,824.10, thence run-
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1 ning south 00 degrees 38 minutes 06 seconds

2 east 87.84 feet to a point N103,717.49,

3 E417,825.07, thence running north 24 degrees

4 06 minutes 55 seconds west 480.00 feet, to a

5 point N104,155.59, E417.628.96, thence run6 ning north 73 degrees 05 minutes 25 seconds

7 east 35.28 feet to the point of origin.

8 (B) An area having the approximate shape

9 of a parallelogram along the northeasterly por10 tion of the channel, southeast of the area de11 scribed in subparagraph (A). This area is 20-

12 feet wide and about 260-feet long and is further

13 described as follows: Commencing at a point

14 N103,855.48, E417,849.99, thence running

15 south 33 degrees 07 minutes 30 seconds east

16 133.40 feet to a point N103,743.76,

17 E417,922.89, thence running south 24 degrees

18 07 minutes 04 seconds east 127.75 feet to a

19 point N103,627.16, E417,975.09, thence run20 ning north 33 degrees 07 minutes 30 seconds

21 west 190.00 feet to a point N103,786.28,

22 E417,871.26, thence running north 17 degrees

23 05 minutes 15 seconds west 72.39 feet to the

24 point of origin.
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1 (3) CHICAGO RIVER AND HARBOR, CHICAGO, IL2 LINOIS.—Those portions of the projects for naviga3 tion, Chicago River and Chicago Harbor, Chicago,

4 Illinois, authorized by the River and Harbor Act of

5 March 3, 1899 (30 Stat. 1129), extending 50 feet

6 riverward of the existing dock wall on the south side

7 of the channel from Lake Street to Franklin Street

8 and 25 feet riverward of the existing dock wall on

9 the south side of the channel from Franklin Street

10 to Wabash Avenue, and those areas within 20 feet

11 of the bridge abutments on the south side of the

12 channel for the length of the protection bridge piers

13 from the Franklin Street Bridge to the Michigan

14 Avenue Bridge.

15 (4) MUSCATINE, IOWA.—The Mississippi River

16 at Muscatine, Iowa project, authorized by section

17 101 of the River and Harbor Act of 1950 (64 Stat.

18 164).

19 (5) FALMOUTH HARBOR, MASSACHUSETTS.—

20 The portion of the project for navigation, Falmouth

21 Harbor, Massachusetts, authorized by section 101 of

22 the River and Harbor Act of 1948 (62 Stat. 1172),

23 beginning at a point along the eastern side of the

24 inner harbor N200,415.05, E845,307.98, thence

25 running north 25 degrees 48 minutes 54.3 seconds
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1 east 160.24 feet to a point N200,559.20,

2 E845,377.76, thence running north 22 degrees 7

3 minutes 52.4 seconds east 596.82 feet to a point

4 N201,112.15, E845,602.60, thence running north

5 60 degrees 1 minute 0.3 seconds east 83.18 feet to

6 a point N201,153.72, E845,674.65, thence running

7 south 24 degrees 56 minutes 43.4 seconds west

8 665.01 feet to a point N200,550.75, E845,394.18

9 thence running south 32 degrees 25 minutes 29.0

10 seconds west 160.76 feet to the point of origin.

11 (6) ISLAND END RIVER, MASSACHUSETTS.—The

12 portion of the project for navigation, Island End

13 River, Massachusetts, carried out under section 107

14 of the River and Harbor Act of 1960 (33 U.S.C.

15 577), described as follows: Beginning at a point

16 along the eastern limit of the existing project,

17 N507,348.98, E721,180.01, thence running north18 east about 35 feet to a point N507,384.17,

19 E721,183.36, thence running northeast about 324

20 feet to a point N507,590.51, E721,433.17, thence

21 running northeast about 345 feet to a point along

22 the northern limit of the existing project,

23 N507,927.29, E721,510.29, thence running south24 east about 25 feet to a point N507,921.71,

25 E721,534.66, thence running southwest about 354
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1 feet to a point N507,576.65, E721,455.64, thence

2 running southwest about 357 feet to the point of ori3 gin.

4 (7) CITY WATERWAY, TACOMA, WASHINGTON.—

5 The portion of the project for navigation, City Wa6 terway, Tacoma, Washington, authorized by the first

7 section of the River and Harbor Appropriations Act

8 of June 13, 1902 (32 Stat. 347), consisting of the

9 last 1,000 linear feet of the inner portion of the wa10 terway beginning at Station 70+00 and ending at

11 Station 80+00.

12 (b) ANCHORAGE AREA, NEW LONDON HARBOR,

13 CONNECTICUT.—The portion of the project for navigation,

14 New London Harbor, Connecticut, authorized by the River

15 and Harbor Appropriations Act of June 13, 1902 (32

16 Stat. 333), that consists of a 23-foot waterfront channel

17 and that is further described as beginning at a point along

18 the western limit of the existing project, N188, 802.75,

19 E779, 462.81, thence running northeasterly about

20 1,373.88 feet to a point N189, 554.87, E780, 612.53,

21 thence running southeasterly about 439.54 feet to a point

22 N189, 319.88, E780, 983.98, thence running southwest23 erly about 831.58 feet to a point N188, 864.63, E780,

24 288.08, thence running southeasterly about 567.39 feet

25 to a point N188, 301.88, E780, 360.49, thence running
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1 northwesterly about 1,027.96 feet to the point of origin,

2 shall be redesignated as an anchorage area.

3 (c) NORWALK HARBOR, CONNECTICUT.—The 10-foot

4 channel portion of the Norwalk Harbor, Connecticut, navi5 gation project described in subsection (a)(2) is modified

6 to authorize the Secretary to realign the channel to include

7 a new section immediately north of the area described in

8 subsection (a)(2)(B). The new triangular shaped section

9 is described as follows: Commencing at a point

10 N103,968.35, E417,815.29, thence running south 17 de11 grees 05 minutes 15 seconds east 118.09 feet to a point

12 N103,855.48, E417,849.99, thence running north 33 de13 grees 07 minutes 30 seconds west 36.76 feet to a point

14 N103,886.27, E417.829.90, thence running north 10 de15 grees 05 minutes 26 seconds west 83.37 feet to the point

16 of origin.

17 (d) CHICAGO RIVER AND HARBOR, CHICAGO, ILLI18 NOIS.—The projects for navigation, Chicago River and

19 Chicago Harbor referred to in subsection (a)(3) are modi20 fied to direct the Secretary to redefine the Federal naviga21 tion channel for the North Branch Canal portion extend22 ing from 100 feet downstream of the Halsted Street

23 Bridge to 100 feet upstream of the Division Street Bridge

24 to be no wider than 66 feet.
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1 (e) ADDITIONAL DEAUTHORIZATIONS.—The fol2 lowing projects are not authorized after the date of enact3 ment of this Act, except with respect to any portion of

4 such a project which portion has been completed before

5 such date or is under construction on such date:

6 (1) The project for flood damage reduction,

7 Cache Creek Basin, Clear Lake Outlet Channel,

8 California, authorized by the Water Resources De9 velopment Act of 1986 (Public Law 99–662).

10 (2) The project for flood control, Goleta and Vi11 cinity, California, authorized by the Flood Control

12 Act of 1970.

13 (3) The project to modify the Central and

14 Southern Florida project to improve water supply to

15 the Everglades National Park, Florida, authorized

16 by the Flood Control Act of 1954 (Public Law 83–

17 780) and the Flood Control Act of 1968 (Public

18 Law 90–483).

19 (4) The project for flood control, Central and

20 Southern Florida Project, Shingle Creek Basin,

21 Florida, authorized by the Flood Control Act of

22 1962.

23 (5) The project for flood control, Middle Wa24 bash, Greenfield Bayou, Indiana, authorized by sec25 tion 10 of the Flood Control Act of 1946.
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1 (6) The project for flood damage reduction,

2 Lake George, Hobart, Indiana, authorized by section

3 602 of the Water Resources Development Act of

4 1986 (Public Law 99–662).

5 (7) The project for flood damage reduction,

6 Green Bay Levee and Drainage District No. 2,

7 Iowa, authorized by the Water Resources Develop8 ment Act of 1986, deauthorized in fiscal year 1991,

9 and reauthorized by the Water Resources Develop10 ment Act of 1992 (Public Law 102–580).

11 (8) The project for flood damage reduction,

12 Hazard, Kentucky, authorized by section 3 of the

13 Water Resources Development Act of 1988 (Public

14 Law 100–676) and section 108 of the Water Re15 sources Development Act of 1990 (Public Law 101–

16 640).

17 (9) The recreation portion of the project for

18 flood control, Taylorsville Lake, Kentucky, author19 ized by section 203 of the Flood Control Act of

20 1966.

21 (10) The project for flood control, West Ken22 tucky Tributaries, Kentucky, authorized by the

23 Flood Control Acts of 1965 and 1970 and the Water

24 Resources Development Act of 1986.
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1 (11) The project for flood damage reduction,

2 Bayou Cocodrie and Tributaries, Louisiana, author3 ized by the Flood Control Act of 1941 and the

4 Water Resources Development Act of 1974.

5 (12) The project for flood control, Eastern

6 Rapides and South-Central Avoyelles Parishes, Lou7 isiana, authorized by the Flood Control Act of 1970

8 (Public Law–611).

9 (13) The project for Red River Waterway,

10 Shreveport, Louisiana to Daingerfield, Texas, au11 thorized by the River and Harbor Act of 1968 (Pub12 lic Law 90–483).

13 (14) The project for flood damage reduction

14 Brockton, Massachusetts, authorized by section

15 401(c) of the Water Resources Development Act of

16 1986 (Public Law 99–662).

17 (15) The project for navigation, Grand Haven

18 Harbor, Michigan, authorized by section 202 of the

19 Water Resources Development Act of 1986 (Public

20 Law 99–662).

21 (16) The project for navigation, Greenville Har22 bor, Mississippi, authorized by section 601 of the

23 Water Resources Development Act of 1986 (Public

24 Law 99–662).
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1 (17) The project for hydropower, Libby Dam,

2 Montana, (Units 6–8), authorized by section 549 of

3 the Water Resources Development Act of 1996

4 (Public Law 104–303).

5 (18) The project for flood damage reduction,

6 Platte River Flood and Related Streambank Erosion

7 Control, Nebraska, authorized by section 603 of the

8 Water Resources Development Act of 1986 (Public

9 Law 99–662).

10 (19) The project for navigation, Outer Harbor,

11 Buffalo, New York, authorized by section 110 of the

12 Water Resources Development Act of 1992.

13 (20) The project for flood damage reduction,

14 Sugar Creek Basin, North Carolina and South Caro15 lina, authorized by section 401 of the Water Re16 sources Development Act of 1986 (Public Law 99–

17 662).

18 (21) The project for flood control and recre19 ation, Fairfield, Ohio, authorized by section 401(a)

20 of the Water Resources Development Act of 1986

21 (Public Law 99–662).

22 (22) The project for shoreline protection,

23 Maumee Bay, Lake Erie, Ohio, authorized by sec24 tion 501(a) of the Water Resources Development

25 Act of 1986.
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1 (23) The project for flood control and water

2 supply, Parker Lake, Muddy Boggy Creek, Okla3 homa, authorized by the Water Resources Develop4 ment Act of 1986 (Public Law 99–662).

5 (24) The project for the Columbia River, Sea6 farers Memorial, Hammond, Oregon, authorized by

7 the Energy and Water Development Appropriations

8 Act of 1991.

9 (25) The project for bulkhead repairs, Quonset

10 Point-Davisville, Rhode Island, authorized by section

11 571 of the Water Resources Development Act of

12 1996.

13 (26) The project for flood damage reduction,

14 Harris Fork Creek, Tennessee and Kentucky, au15 thorized by section 102 of the Water Resources De16 velopment Acts of 1976 and 1986.

17 (27) The project for flood damage reduction,

18 Arroyo Colorado, Texas, authorized by the Water

19 Resources Development Act of 1986 (Public Law

20 99–662).

21 (28) The project for flood damage reduction,

22 Cypress Creek-Structural, Texas, authorized by the

23 Water Resources Development Act of 1988.

24 (29) The project for flood damage reduction,

25 East Fork Channel Improvement, Increment 2, East
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1 Fork of the Trinity River, Texas, authorized by the

2 Flood Control Act of 1962.

3 (30) The project for flood damage reduction,

4 Falfurrias, Texas, authorized by the Water Re5 sources Development Act of 1988.

6 (31) The project for bank erosion, Kanawha

7 River, Charleston, West Virginia, authorized by sec8 tion 603(f)(13) of the Water Resources Development

9 Act of 1986 (Public Law 99–662).

10 (f) CONDITIONS.—The first sentence of section

11 1001(b)(2) of the Water Resources Development Act of

12 1986 (33 U.S.C. 579a(b)(2)) is amended—

13 (1) by striking ‘‘two years’’ and inserting

14 ‘‘year’’; and

15 (2) by striking ‘‘7’’ and inserting ‘‘5’’.

16 SEC. 3101. LAND CONVEYANCES.

17 (a) MILFORD, KANSAS.—

18 (1) IN GENERAL.—Subject to the provisions of

19 this section, the Secretary shall convey by quitclaim

20 deed without consideration to the Geary County Fire

21 Department, Milford, Kansas, all right, title, and in22 terest of the United States in and to a parcel of land

23 consisting of approximately 7.4 acres located in

24 Geary County, Kansas, for construction, operation,

25 and maintenance of a fire station.
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1 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

2 The exact acreage and the description of the real

3 property referred to in paragraph (1) shall be deter4 mined by a survey that is satisfactory to the Sec5 retary.

6 (3) REVERSION.—If the Secretary determines

7 that the property conveyed under paragraph (1)

8 ceases to be held in public ownership or to be used

9 for any purpose other than a fire station, all right,

10 title, and interest in and to the property shall revert

11 to the United States, at the option of the United

12 States.

13 (b) BOARDMAN, OREGON.—Section 501(g)(1) of the

14 Water Resources Development Act of 1996 (110 Stat.

15 3751) is amended—

16 (1) by striking ‘‘city of Boardman,’’ and insert17 ing ‘‘the Boardman Park and Recreation District,

18 Boardman,’’; and

19 (2) by striking ‘‘such city’’ and inserting ‘‘the

20 city of Boardman’’.

21 (c) GENERALLY APPLICABLE PROVISIONS.—

22 (1) APPLICABILITY OF PROPERTY SCREENING

23 PROVISIONS.—Section 2696 of title 10, United

24 States Code, shall not apply to any conveyance

25 under this section.
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1 (2) ADDITIONAL TERMS AND CONDITIONS.—

2 The Secretary may require that any conveyance

3 under this section be subject to such additional

4 terms and conditions as the Secretary considers ap5 propriate and necessary to protect the interests of

6 the United States.

7 (3) COSTS OF CONVEYANCE.—An entity to

8 which a conveyance is made under this section shall

9 be responsible for all reasonable and necessary costs,

10 including real estate transaction and environmental

11 compliance costs, associated with the conveyance.

12 (4) LIABILITY.—An entity to which a convey13 ance is made under this section shall hold the

14 United States harmless from any liability with re15 spect to activities carried out, on or after the date

16 of the conveyance, on the real property conveyed.

17 The United States shall remain responsible for any

18 liability with respect to activities carried out, before

19 such date, on the real property conveyed.

20 SEC. 3102. EXTINGUISHMENT OF REVERSIONARY INTER21 ESTS AND USE RESTRICTIONS.

22 (a) IDAHO.—

23 (1) IN GENERAL.—With respect to each deed

24 listed in paragraph (2), the reversionary interests
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1 and use restrictions relating to industrial use pur2 poses are extinguished.

3 (2) AFFECTED DEEDS.—The deeds with the fol4 lowing county auditor’s file numbers are referred to

5 in paragraph (1):

6 (A) Auditor’s Instrument No. 399218 of

7 Nez Perce County, Idaho—2.07 acres.

8 (B) Auditor’s Instrument No. 487437 of

9 Nez Perce County, Idaho—7.32 acres.

10 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

11 RIVER, TENNESSEE.—

12 (1) RELEASE OF RETAINED RIGHTS, INTER13 ESTS, RESERVATIONS.—With respect to land con14 veyed by the Secretary to the Tennessee Society of

15 Crippled Children and Adults, Incorporated (now

16 known as ‘‘Easter Seals Tennessee’’), at Old Hick17 ory Lock and Dam, Cumberland River, Tennessee,

18 under section 211 of the Flood Control Act of 1965

19 (79 Stat. 1087), the reversionary interests and the

20 use restrictions relating to recreation and camping

21 purposes are extinguished.

22 (2) INSTRUMENT OF RELEASE.—As soon as

23 possible after the date of enactment of this Act, the

24 Secretary shall execute and file in the appropriate

25 office a deed of release, amended deed, or other ap-
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1 propriate instrument effectuating the release of in2 terests required by paragraph (1).

3 (c) NO EFFECT OF OTHER RIGHTS.—Nothing in this

4 section affects the remaining rights and interests of the

5 Corps of Engineers for authorized project purposes.

6 SEC. 3103. LAND EXCHANGE, DISPOSAL AND ACQUISITION

7 OF LANDS, ALLATOONA LAKE, GEORGIA.

8 (a) LAND EXCHANGE.—

9 (1) IN GENERAL.—The Secretary may exchange

10 lands above 863 feet in elevation at Allatoona Lake,

11 Georgia, identified in the Real Estate Design Memo12 randum prepared by the Mobile district engineer,

13 April 5, 1996, and approved October 8, 1996, for

14 lands on the north side of Allatoona Lake that are

15 needed for wildlife management and for protection

16 of the water quality and overall environment of

17 Allatoona Lake.

18 (2) TERMS AND CONDITIONS.—The basis for all

19 land exchanges under this subsection shall be a fair

20 market appraisal so that lands exchanged are of

21 equal value.

22 (b) DISPOSAL AND ACQUISITION OF LANDS,

23 ALLATOONA LAKE, GEORGIA.—

24 (1) IN GENERAL.—The Secretary may also sell

25 lands above 863 feet in elevation at Allatoona Lake,
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1 Georgia, identified in the memorandum referred to

2 in subsection (a)(1) and may use the proceeds to

3 pay costs associated with the purchase of lands

4 needed for wildlife management and for protection

5 of the water quality and overall environment of

6 Allatoona Lake.

7 (2) TERMS AND CONDITIONS.—Land sales and

8 purchases to be conducted under this subsection

9 shall be subject to the following terms and condi10 tions:

11 (A) Lands acquired under this subsection

12 shall be by negotiated purchase from willing

13 sellers only.

14 (B) The basis for all transactions under

15 the program shall be a fair market appraisal

16 acceptable to the Secretary.

17 (C) The purchasers shall share in the asso18 ciated environmental and real estate costs, to

19 include surveys and associated fees in accord20 ance with the memorandum referred to in sub21 section (a)(1).

22 (D) Any other conditions that the Sec23 retary may impose.

24 (c) REPEAL.—Section 325 of the Water Resources

25 Development Act of 1992 (106 Stat. 4849) is repealed.
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1 TITLE IV—STUDIES

2 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM.

3 Section 455 of the Water Resources Development Act

4 of 1999 (113 Stat. 330–332) is amended by adding at

5 the end the following:

6 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The

7 non-Federal interest may provide up to 100 percent of the

8 non-Federal share required under subsection (f) in the

9 form of services, materials, supplies, or other in-kind con10 tributions.’’.

11 SEC. 4002. CHOCTAWHATCHEE, PEA, AND YELLOW RIVERS

12 WATERSHED, ALABAMA.

13 The Secretary shall conduct a study to determine the

14 feasibility of carrying out a project for flood damage re15 duction, environmental restoration, recreation, and water

16 supply in the Choctawhatchee, Pea, and Yellow Rivers wa17 tershed, Alabama.

18 SEC. 4003. ST. GEORGE HARBOR, ALASKA.

19 The Secretary shall conduct, at Federal expense, a

20 study to determine the feasibility of providing navigation

21 improvements at St. George, Alaska.

22 SEC. 4004. SUSITNA RIVER, ALASKA.

23 The Secretary shall conduct a study to determine the

24 feasibility of carrying out a project for hydropower, recre25 ation, and related purposes on the Susitna River, Alaska.
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1 SEC. 4005. SEARCY COUNTY, ARKANSAS.

2 The Secretary shall conduct a study to determine the

3 feasibility of using Greers Ferry Lake as a water supply

4 source for Searcy County, Arkansas.

5 SEC. 4006. UPPER MISSISSIPPI RIVER AND ILLINOIS WA6 TERWAY, ILLINOIS, IOWA, MINNESOTA, MIS7 SOURI, AND WISCONSIN.

8 The Secretary shall transmit to Congress a report on

9 the results of the Upper Mississippi River and Illinois Wa10 terway Restructured System Navigation Feasibility Study,

11 Illinois, Iowa, Minnesota, Missouri, and Wisconsin, no

12 later than July 1, 2004.

13 SEC. 4007. HAMILTON, CALIFORNIA.

14 The Secretary is directed to continue planning,

15 preconstruction, engineering, and design efforts on the

16 Sacramento-San Joaquin River Basins Comprehensive

17 Study-Hamilton City Flood Damage Reduction and Eco18 system Restoration Initial Project and shall include in the

19 study an area 2 miles north and 4 miles south of State

20 Highway 32.

21 SEC. 4008. NAPA RIVER, ST. HELENA, CALIFORNIA.

22 The Secretary shall conduct a comprehensive study

23 of the Napa River in the vicinity of St. Helena, California,

24 for the purposes of improving flood management through

25 reconnecting the river to its floodplain; restoring habitat,

26 including riparian and aquatic habitat; improving fish pas-
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1 sage and water quality; and restoring native plant commu2 nities. In conducting the study, the Secretary shall review

3 plans and designs developed by non-Federal interests and

4 shall incorporate such plans and designs into the Federal

5 study where the Secretary determines that such plans and

6 designs are consistent with the Federal interest.

7 SEC. 4009. OCEANSIDE, CALIFORNIA.

8 Section 414 of the Water Resources Development Act

9 of 2000 (114 Stat. 2636) is amended by striking ‘‘32

10 months’’ and inserting ‘‘44 months’’.

11 SEC. 4010. SACRAMENTO RIVER, CALIFORNIA.

12 The Secretary shall conduct a comprehensive study

13 to determine the feasibility of, and alternatives for, meas14 ures to protect water diversion facilities and fish protective

15 screen facilities in the vicinity of river mile 178 on the

16 Sacramento River, California.

17 SEC. 4011. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA18 QUIN DELTA, CALIFORNIA.

19 (a) IN GENERAL.—The Secretary shall conduct a

20 study to determine the feasibility of the beneficial use of

21 dredged material from the San Francisco Bay in the Sac22 ramento-San Joaquin Delta, California, including the ben23 efits and impacts of salinity in the Delta and the benefits

24 to navigation, flood damage reduction, ecosystem restora-
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1 tion, water quality, salinity control, water supply reli2 ability, and recreation.

3 (b) COOPERATION.—In conducting the study, the

4 Secretary shall cooperate with the California Department

5 of Water Resources and appropriate Federal and State en6 tities in developing options for the beneficial use of

7 dredged material from San Francisco Bay for the Sac8 ramento-San Joaquin Delta area.

9 (c) REVIEW.—The study shall include a review of the

10 feasibility of using Sherman Island as a rehandling site

11 for levee maintenance material, as well as for ecosystem

12 restoration. The review may include monitoring a pilot

13 project using up to 150,000 cubic yards of dredged mate14 rial and being carried out at the Sherman Island site, ex15 amining larger scale use of dredged materials from the

16 San Francisco Bay and Suisun Bay Channel, and ana17 lyzing the feasibility of the potential use of saline mate18 rials from the San Francisco Bay for both rehandling and

19 ecosystem restoration purposes.

20 SEC. 4012. TYBEE ISLAND, GEORGIA.

21 The Secretary shall conduct a study to determine the

22 feasibility of including the northern end of Tybee Island

23 extending from the north terminal groin to the mouth of

24 Lazaretto Creek as a part of the project for beach erosion

25 control, Tybee Island, Georgia, carried out under section
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1 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d–

2 5).

3 SEC. 4013. CALUMET HARBOR, ILLINOIS.

4 The Secretary shall conduct a study to determine the

5 feasibility of carrying out a project for navigation at Cal6 umet Harbor, Illinois.

7 SEC. 4014. CHICAGO, ILLINOIS.

8 Section 425(a) of the Water Resources Development

9 Act of 2000 (114 Stat. 2638) is amended by inserting

10 ‘‘Lake Michigan and’’ before ‘‘the Chicago River’’.

11 SEC. 4015. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, IL12 LINOIS.

13 The Secretary shall conduct a study to determine the

14 feasibility of carrying out a project for ecosystem restora15 tion at the South Fork of the South Branch of the Chicago

16 River, Chicago, Illinois.

17 SEC. 4016. PADUCAH, KENTUCKY.

18 The Secretary is authorized to complete a rehabilita19 tion evaluation report for the project for flood damage re20 duction, Paducah, Kentucky, and, if the Secretary deter21 mines that the project is feasible, proceed to

22 preconstruction engineering and design for rehabilitation

23 of the project.
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1 SEC. 4017. BASTROP-MOREHOUSE PARISH, LOUISIANA.

2 The Secretary shall conduct a study to determine the

3 feasibility of carrying out a project for water supply,

4 Bastrop-Morehouse Parish, Louisiana.

5 SEC. 4018. WEST FELICIANA PARISH, LOUISIANA.

6 The Secretary shall conduct a study to determine the

7 feasibility of carrying out a project for riverfront develop8 ment, including enhanced public access, recreation, and

9 environmental restoration, on the Mississippi River in

10 West Feliciana Parish, Louisiana.

11 SEC. 4019. FALL RIVER HARBOR, MASSACHUSETTS.

12 The Secretary shall conduct a study to determine the

13 feasibility of deepening that portion of the navigation

14 channel of the navigation project for Fall River Harbor,

15 Massachusetts and Rhode Island, authorized by section

16 101 of the River and Harbor Act of 1968 (82 Stat. 731),

17 seaward of the Charles M. Braga, Jr. Memorial Bridge,

18 Fall River and Somerset, Massachusetts.

19 SEC. 4020. CITY OF MACKINAC ISLAND, MICHIGAN.

20 The Secretary shall conduct a study to determine the

21 feasibility of carrying out a project for navigation at the

22 city of Mackinac Island, Michigan.

23 SEC. 4021. NORTHEAST MISSISSIPPI.

24 The Secretary shall conduct a study to determine the

25 feasibility of modifying the project for navigation, Ten-
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1 nessee-Tombigbee Waterway, Alabama and Mississippi, to

2 provide water supply for northeast Mississippi.

3 SEC. 4022. PUEBLO OF ZUNI, NEW MEXICO.

4 The Secretary shall conduct a study to determine the

5 feasibility of carrying out projects for water resources de6 velopment, environmental restoration, and natural re7 sources protection for the Pueblo of Zuni, New Mexico,

8 under section 203 of the Water Resources Development

9 Act of 2000 (33 U.S.C. 2269).

10 SEC. 4023. HUDSON-RARITAN ESTUARY, NEW YORK AND

11 NEW JERSEY.

12 In carrying out the study for environmental restora13 tion, Hudson-Raritan Estuary, New York and New Jer14 sey, the Secretary shall establish and utilize watershed res15 toration teams composed of estuary restoration experts

16 from the Corps of Engineers, the New Jersey Department

17 of Environmental Protection, and the Port Authority of

18 New York and New Jersey and other experts designated

19 by the Secretary for the purpose of developing habitat res20 toration and water quality enhancement.

21 SEC. 4024. SAC AND FOX NATION, OKLAHOMA.

22 The Secretary shall complete a water and related

23 land resource conservation and management plan for the

24 Sac and Fox Nation, Oklahoma, under section 203 of the
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1 Water Resources Development Act of 2000 (33 U.S.C.

2 2269).

3 SEC. 4025. SUTHERLIN, OREGON.

4 (a) STUDY.—The Secretary shall conduct a study of

5 water resources along Sutherlin Creek in the vicinity of

6 Sutherlin, Oregon, to determine the feasibility of carrying

7 out a project to restore and enhance aquatic resources

8 using a combination of structural and bioengineering tech9 niques and, if the Secretary determines that the project

10 is feasible, may carry out the project.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $2,500,000.

14 SEC. 4026. TILLAMOOK BAY AND BAR, OREGON.

15 The Secretary shall conduct under section 216 of the

16 Flood Control Act of 1970 (84 Stat. 1830) a study of the

17 project for navigation, Tillamook Bay and Bar, Oregon,

18 authorized by the first section of the River and Harbor

19 Appropriations Act of July 25, 1912 (37 Stat. 220), to

20 investigate measures to address dangerous and hazardous

21 wave and ocean conditions.

22 SEC. 4027. ECOSYSTEM RESTORATION AND FISH PASSAGE

23 IMPROVEMENTS, OREGON.

24 (a) STUDY.—The Secretary shall conduct a study to

25 determine the feasibility of undertaking ecosystem restora-
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1 tion and fish passage improvements on rivers throughout

2 the State of Oregon.

3 (b) REQUIREMENTS.—In carrying out the study, the

4 Secretary shall—

5 (1) work in coordination with the State of Or6 egon, local governments, and other Federal agencies;

7 and

8 (2) place emphasis on—

9 (A) fish passage and conservation and res10 toration strategies to benefit species that are

11 listed or proposed for listing as threatened or

12 endangered species under the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1531 et seq.); and

14 (B) other watershed restoration objectives.

15 (c) PILOT PROGRAM.—

16 (1) IN GENERAL.—In conjunction with con17 ducting the study under subsection (a), the Sec18 retary may carry out pilot projects to demonstrate

19 the effectiveness of ecosystem restoration and fish

20 passages.

21 (2) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated $5,000,000

23 to carry out this subsection.
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1 SEC. 4028. NORTHEASTERN PENNSYLVANIA AQUATIC ECO2 SYSTEM RESTORATION AND PROTECTION.

3 The Secretary shall conduct a study to determine the

4 feasibility of carrying out aquatic ecosystem restoration

5 and protection projects in the counties of Lackawanna,

6 Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sul7 livan, Bradford, Northumberland, Union, Snyder, and

8 Montour, Pennsylvania, particularly as related to aban9 doned mine drainage abatement and reestablishment of

10 stream and river channels.

11 SEC. 4029. GEORGETOWN AND WILLIAMSBURG COUNTIES,

12 SOUTH CAROLINA.

13 The Secretary shall conduct a study to determine the

14 feasibility of carrying out a project for water supply for

15 Georgetown and Williamsburg Counties, South Carolina,

16 including the viability and practicality of constructing a

17 desalinization water treatment facility to meet such water

18 supply needs.

19 SEC. 4030. SABINE PASS TO GALVESTON BAY, TEXAS.

20 In conducting a feasibility study for shore protection

21 and related improvements between Sabine Pass and the

22 entrance to Galveston Bay, Texas, the Secretary may in23 clude any benefits related to the use of State Highway

24 87 as an emergency evacuation route in the determination

25 of national economic development benefits of the project.
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1 SEC. 4031. GRAND COUNTY AND MOAB, UTAH.

2 The Secretary shall conduct a study to determine the

3 feasibility of carrying out a project for water supply for

4 Grand County and the city of Moab, Utah, including a

5 review of the impact of current and future demands on

6 the Spanish Valley Aquifer.

7 SEC. 4032. CHEHALIS RIVER BASIN, WASHINGTON.

8 The Secretary shall conduct a river basin study for

9 the Chehalis River basin, Washington, including a study

10 of the uses of the basin’s water resources to assist users

11 in developing a fair and equitable distribution of such re12 sources.

13 SEC. 4033. SPRAGUE, LINCOLN COUNTY, WASHINGTON.

14 The Secretary may accept from the non-Federal in15 terest to pay all or a part of the non-Federal share of

16 the cost of feasibility study for the project for flood control

17 in the vicinity of Sprague, Lincoln County, Washington,

18 funds made available under any other Federal program

19 if such use of the funds is permitted under the Federal

20 program.

21 SEC. 4034. MONONGAHELA RIVER BASIN, NORTHERN WEST

22 VIRGINIA.

23 The Secretary shall conduct a study to determine the

24 feasibility of carrying out aquatic ecosystem restoration

25 and protection projects in the watersheds of the

26 Monongahela River basin lying within the counties of
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1 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood,

2 Doddridge, Monongalia, Marion, Harrison, Taylor,

3 Barbour, Preston, Tucker, Mineral, Grant, Gilmer,

4 Brooke, and Rithchie, West Virginia, particularly as re5 lated to abandoned mine drainage abatement.

6 SEC. 4035. WAUWATOSA, WISCONSIN.

7 The Secretary shall conduct a study to determine the

8 feasibility of carrying out a project for flood damage re9 duction and environmental restoration, Menomonee River

10 and Underwood Creek, Wauwatosa, Wisconsin.

11 SEC. 4036. LAKE ERIE DREDGED MATERIAL DISPOSAL

12 SITES.

13 The Secretary shall conduct a study to determine the

14 nature and frequency of avian botulism problems in the

15 vicinity of Lake Erie associated with dredged material dis16 posal sites and shall make recommendations to eliminate

17 the conditions that result in such problems.

18 TITLE V—MISCELLANEOUS

19 PROVISIONS

20 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS.

21 (a) IN GENERAL.—Upon request of a non-Federal in22 terest, the Secretary shall be responsible for maintenance

23 of the following navigation channels and breakwaters con24 structed or improved by the non-Federal interest if the

25 Secretary determines that such maintenance is economi-
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1 cally justified and environmentally acceptable and that the

2 channel or breakwater was constructed in accordance with

3 applicable permits and appropriate engineering and design

4 standards:

5 (1) Pix Bayou navigation channel, Chambers

6 County, Texas.

7 (2) Pidgeon Industrial Harbor, Pidgeon Indus8 trial Park, Memphis Harbor, Tennessee.

9 (3) Racine Harbor, Wisconsin.

10 (b) COMPLETION OF ASSESSMENT.—Not later than

11 6 months after the date of receipt of a request from a

12 non-Federal interest for Federal assumption of mainte13 nance of a channel listed in subsection (a), the Secretary

14 shall make a determination as provided in subsection (a)

15 and advise the non-Federal interest of the Secretary’s de16 termination.

17 (c) SABINE-NECHES WATERWAY, TEXAS.—The Sec18 retary shall remove sunken vessels and debris between

19 miles 35 and 43 of the Channel to Orange, Sabine-Neches

20 Waterway, Texas, for the purpose of improving navigation

21 safety and reducing the risk to the public.

22 SEC. 5002. WATERSHED MANAGEMENT.

23 (a) IN GENERAL.—The Secretary may provide tech24 nical, planning, and design assistance to non-Federal in25 terests for carrying out watershed management, restora-
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1 tion, and development projects at the locations described

2 in subsection (d).

3 (b) SPECIFIC MEASURES.—Assistance provided

4 under subsection (a) may be in support of non-Federal

5 projects for the following purposes:

6 (1) Management and restoration of water qual7 ity.

8 (2) Control and remediation of toxic sediments.

9 (3) Restoration of degraded streams, rivers,

10 wetlands, and other waterbodies to their natural

11 condition as a means to control flooding, excessive

12 erosion, and sedimentation.

13 (4) Protection and restoration of watersheds,

14 including urban watersheds.

15 (5) Demonstration of technologies for non16 structural measures to reduce destructive impacts of

17 flooding.

18 (c) NON-FEDERAL SHARE.—The non-Federal share

19 of the cost of assistance provided under subsection (a)

20 shall be 50 percent.

21 (d) PROJECT LOCATIONS.—The locations referred to

22 in subsection (a) are the following:

23 (1) Spring Branch watershed, Huntsville, Ala24 bama.

25 (2) Tuolumne County, California.
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1 (3) Cucamonga basin, Upland, California.

2 (4) Kinkaid Lake, Jackson County, Illinois.

3 (5) Those portions of the watersheds of the

4 Concord, Charles, Blackstone, Neponset, Taunton,

5 Nashua, Shawsheen, and Merrimack Rivers, Massa6 chusetts, lying within the Interstate Route 495 cor7 ridor.

8 (6) Jackson Brook watershed, New Jersey.

9 (7) Those portions of the watersheds of the

10 Beaver, Upper Ohio, Connoquenessing, Lower Alle11 gheny, Kiskiminetas, Lower Monongahela,

12 Youghiogheny, Shenango, and Mahoning Rivers

13 lying within the counties of Beaver, Butler, Law14 rence, and Mercer, Pennsylvania.

15 (8) Southampton Creek watershed, South16 ampton, Pennsylvania.

17 (9) Unami Creek watershed, Milford Township,

18 Pennsylvania.

19 (10) Amite River basin, Louisiana.

20 (11) Iberville Parish, East Atchafalaya River

21 basin, Louisiana.

22 (12) Genesee River watershed, New York.

23 (13) Tonawanda Creek watershed, New York.

24 (14) Buffalo River watershed, New York.
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1 (15) Eighteenmile Creek watershed, Niagara

2 County, New York.

3 (16) Cattaragus Creek watershed, New York.

4 (17) Oswego River basin, New York.

5 (18) Red River watershed, Louisiana.

6 (19) Fountain Creek and tributaries, Colorado.

7 (20) Schuylkill River watershed, Pennsylvania.

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $15,000,000.

11 SEC. 5003. DAM SAFETY.

12 (a) ASSISTANCE.—The Secretary may provide assist13 ance to enhance dam safety at the following locations:

14 (1) Mountain Park Dam, Mountain Park, Geor15 gia.

16 (2) Barber Dam, Ada County, Idaho.

17 (3) Fish Creek Dam, Blaine County, Idaho.

18 (4) Lost Valley Dam, Adams County, Idaho.

19 (5) Salmon Falls Dam, Twin Falls County,

20 Idaho.

21 (6) Whaley Lake Dam, Pawling, New York.

22 (7) Lake Carl Blackwell Dam, Stillwater, Okla23 homa.

24 (8) Dams in Mountain Lakes Park, Princeton

25 Township, New Jersey.
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1 (9) State Dam, Auburn, New York.

2 (10) Candor Dam, Candor, New York.

3 (b) SPECIAL RULE.—The assistance provided under

4 subsection (a) for State Dam, Auburn, New York, shall

5 be for a project for rehabilitation in accordance with the

6 report on State Dam Rehabilitation, Owasco Lake Outlet,

7 New York, dated March 1999, if the Secretary determines

8 that the project is feasible.

9 (c) FERN RIDGE DAM, OREGON.—It is the sense of

10 Congress that the Secretary should work to immediately

11 remedy the situation at Fern Ridge Dam, Oregon, due to

12 the rapid deterioration of the dam.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $6,000,000.

16 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS.

17 (a) IN GENERAL.—Upon request of a non-Federal in18 terest, the Secretary shall evaluate the structural integrity

19 and effectiveness of a project for flood damage reduction

20 and, if the Secretary determines that the project does not

21 meet such minimum standards as the Secretary may es22 tablish and, absent action by the Secretary, the project

23 will fail, the Secretary may take such action as may be

24 necessary to restore the integrity and effectiveness of the

25 project.
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1 (b) PRIORITY.—The Secretary shall evaluate under

2 subsection (a) the following projects:

3 (1) Project for flood damage reduction, Arkan4 sas River Levees, river mile 205 to river mile 308.4,

5 Arkansas.

6 (2) Project for flood damage reduction,

7 Marianna Borough, Pennsylvania.

8 (3) Project for flood damage reduction,

9 Nonconnah Creek, Tennessee.

10 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS.

11 Section 212(e) of the Water Resources Development

12 Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is

13 amended—

14 (1) by striking ‘‘and’’ at the end of paragraph

15 (27);

16 (2) by striking the period at the end of para17 graph (28) and inserting a semicolon; and

18 (3) by adding at the end the following:

19 ‘‘(29) La Crosse County, Wisconsin;

20 ‘‘(30) Crawford County, Wisconsin;

21 ‘‘(31) Buffalo County, Wisconsin;

22 ‘‘(32) Calhoun County, Illinois;

23 ‘‘(33) Saint Charles County, Missouri;

24 ‘‘(34) Saint Louis County, Missouri;

25 ‘‘(35) Dubuque County, Iowa;
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1 ‘‘(36) Scott County, Iowa;

2 ‘‘(37) Rock Island County, Illinois;

3 ‘‘(38) Ascension Parish, Louisiana;

4 ‘‘(39) East Baton Rouge Parish, Louisiana;

5 ‘‘(40) Iberville Parish, Louisiana; and

6 ‘‘(41) Livingston Parish, Louisiana.’’.

7 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED

8 PROJECTS.

9 Section 219(e) of the Water Resources Development

10 Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat.

11 334) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (7);

14 (2) by striking the period at the end of para15 graph (8) and inserting a semicolon; and

16 (3) by adding at the end the following:

17 ‘‘(9) $20,000,000 for the project described in

18 subsection (c)(20);

19 ‘‘(10) $25,000,000 for the project described in

20 subsection (c)(23);

21 ‘‘(11) $20,000,000 for the project described in

22 subsection (c)(25);

23 ‘‘(12) $15,000,000 for the project described in

24 subsection (c)(26);
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1 ‘‘(13) $7,800,000 for the project described in

2 subsection (c)(27);

3 ‘‘(14) $18,000,000 for the project described in

4 subsection (c)(31); and

5 ‘‘(15) $30,000,000 for the project described in

6 subsection (c)(40).’’.

7 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND

8 CONSTRUCTION FOR CERTAIN PROJECTS.

9 The Secretary shall expedite completion of the re10 ports and, if the Secretary determines the project is fea11 sible, shall expedite completion of construction for the fol12 lowing projects:

13 (1) Welch Point, Elk River, Cecil County,

14 Maryland, being carried out under section 535(a) of

15 the Water Resources Development Act of 1999 (113

16 Stat. 348–349).

17 (2) West View Shores, Cecil County, Maryland,

18 being carried out under section 521 of the Water

19 Resources Development Act of 2000 (114. Stat.

20 2655).

21 (3) Sylvan Beach Breakwater, Verona, Oneida

22 County, New York, being carried out under section

23 3 of the Act entitled ‘‘An Act authorizing Federal

24 participation in the cost of protecting the shores of
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1 publicly owned property’’, approved August 13, 1946

2 (33 U.S.C. 426g).

3 (4) Fulmer Creek, Village of Mohawk, New

4 York, being carried out under section 205 of the

5 Flood Control Act of 1948 (33 U.S.C. 701s).

6 (5) Moyer Creek, Village of Frankfort, New

7 York, being carried out under section 205 of the

8 Flood Control Act of 1948 (33 U.S.C. 701s).

9 (6) Steele Creek, Village of Ilion, New York,

10 being carried out under section 205 of the Flood

11 Control Act of 1948 (33 U.S.C. 701s).

12 (7) Oriskany Wildlife Management Area, Rome,

13 New York, being carried out under section 206 of

14 the Water Resources Development Act of 1996 (33

15 U.S.C. 2330).

16 (8) Whitney Point Lake, Otselic River, Whitney

17 Point, New York, being carried out under section

18 1135 of the Water Resources Development Act of

19 1986 (33 U.S.C. 2309a).

20 (9) Newton Creek, Bainbridge, New York,

21 being carried out under section 14 of the Flood Con22 trol Act of 1946 (33 U.S.C. 701r).

23 (10) Chenango Lake, Chenango County, New

24 York, being carried out under section 206 of the
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1 Water Resources Development Act of 1996 (33

2 U.S.C. 2330).

3 (11) Lucas Berg Pit, Worth, Illinois, being car4 ried out as part of the Calumet-Sag navigation

5 project, authorized by section 2 of the River and

6 Harbor Act of March 2, 1945 (59 Stat. 19), and

7 modified by the first section of the River and Har8 bor Act of July 24, 1946 (60 Stat. 636), and section

9 109 of the River and Harbor Act of 1958 (72 Stat.

10 302).

11 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER12 TAIN PROJECTS.

13 (a) IN GENERAL.—The Secretary shall expedite com14 pletion of the reports for the following projects and, if the

15 Secretary determines that a project is justified in the com16 pleted report, proceed directly to project preconstruction,

17 engineering, and design:

18 (1) Project for flood damage reduction and eco19 system restoration, Sacramento and San Joaquin

20 River basins, Hamilton, California.

21 (2) Project for ecosystem restoration, Univer22 sity Lake, Baton Rouge, Louisiana.

23 (3) Project for shoreline protection, Detroit

24 River Greenway Corridor, Detroit, Michigan.
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1 (4) Project for shoreline stabilization at

2 Egmont Key, Florida.

3 (5) Project for environmental restoration,

4 Gwynns Falls, Maryland.

5 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.—

6 In carrying out the project for shoreline stabilization at

7 Egmont Key, Florida, referred to in subsection (a)(4), the

8 Secretary shall waive any cost share to be provided by non9 Federal interests for any portion of the project that bene10 fits federally owned property.

11 (c) CHESAPEAKE, MARYLAND.—The Secretary shall

12 expedite completion of the study being carried out under

13 section 535(b) of the Water Resources Development Act

14 of 1999 (113 Stat. 349) with respect to additional com15 pensation to the city of Chesapeake, Maryland.

16 (d) SPECIAL RULE FOR GWYNNS FALLS, MARY17 LAND.—The report on the project for environmental res18 toration at Gwynns Falls, Maryland, referred to in sub19 section (a)(5), shall be treated as being consistent and in

20 compliance with the consent decree entered into between

21 the United States and the Mayor and City Council of

22 Baltimore, Maryland, filed with the United States District

23 Court for the District of Maryland on April 26, 2002, and

24 no policy of the Secretary with respect to work performed
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1 under a consent decree shall delay completion of this re2 port and its submission to Congress.

3 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS4 MENT.

5 The Secretary may provide assistance to a coordi6 nated effort by Federal, State, and local agencies, non7 Federal and nonprofit entities, regional researchers, and

8 other interested parties to assess the water resources and

9 water resources needs of river basins and watersheds of

10 the southeastern United States.

11 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL

12 MANAGEMENT PROGRAM.

13 Section 1103(e)(7)(A) of the Water Resources Devel14 opment Act of 1986 (33 U.S.C. 652(e)(7)(A)) is amended

15 by adding at the end the following: ‘‘The non-Federal in16 terest may provide the non-Federal share of the cost of

17 the project in the form of services, materials, supplies, or

18 other in-kind contributions.’’.

19 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN20 HANCEMENT PROJECT.

21 Section 514(g) of the Water Resources Development

22 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended

23 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’.
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1 SEC. 5012. MEMBERSHIP OF MISSOURI RIVER TRUST.

2 Section 904(b)(1)(B) of the Water Resources Devel3 opment Act of 2000 (114 Stat. 2708) is amended—

4 (1) by striking ‘‘and’’ at the end of clause (vii);

5 (2) by redesignating clause (viii) as clause (ix);

6 and

7 (3) by inserting after clause (vii) the following:

8 ‘‘(viii) rural water systems; and’’.

9 SEC. 5013. GREAT LAKES FISHERY AND ECOSYSTEM RES10 TORATION.

11 Section 506(f)(3)(B) of the Water Resources Devel12 opment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat.

13 2646) is amended by striking ‘‘50 percent’’ and inserting

14 ‘‘100 percent’’.

15 SEC. 5014. SUSQUEHANNA, DELAWARE, AND POTOMAC

16 RIVER BASINS.

17 (a) EX OFFICIO MEMBER.—Notwithstanding section

18 3001(a) of the 1997 Emergency Supplemental Appropria19 tions Act for Recovery From Natural Disasters, and for

20 Overseas Peacekeeping Efforts, Including Those in Bosnia

21 (111 Stat. 176) and section 2.2 of both the Susquehanna

22 River Basin Compact (Public Law 91–575) and the Dela23 ware River Basin Compact (Public Law 87–328), begin24 ning in fiscal year 2002 and thereafter, the Division Engi25 neer, North Atlantic Division, Corps of Engineers, shall

26 be the ex officio United States member under the Susque-
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1 hanna River Basin Compact and the Delaware River

2 Basin Compact, who shall serve without additional com3 pensation and who may designate an alternate member or

4 members in accordance with the terms of those respective

5 compacts.

6 (b) AUTHORIZATION TO ALLOCATE.—The Secretary

7 may allocate funds to the Susquehanna River Basin Com8 mission, Delaware River Basin Commission, and the

9 Interstate Commission on the Potomac River Basin (Poto10 mac River Basin Compact (Public Law 91–407)) to fulfill

11 the equitable funding requirements of their respective

12 interstate compacts.

13 (c) WATER SUPPLY AND CONSERVATION STOR14 AGE.—The Secretary shall enter into an agreement with

15 the Delaware River Basin Commission to provide tem16 porary water supply and conservation storage at the

17 Francis E. Walter Dam, Pennsylvania, during any period

18 in which the Commission has determined that a drought

19 warning or drought emergency exists. The agreement shall

20 provide that the cost for any such water supply and con21 servation storage shall not exceed the incremental oper22 ating costs associated with providing the storage.
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1 SEC. 5015. CHESAPEAKE BAY ENVIRONMENTAL RESTORA2 TION AND PROTECTION PROGRAM.

3 Section 510(i) of the Water Resources Development

4 Act of 1996 (110 Stat. 3761) is amended by striking

5 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’.

6 SEC. 5016. MONTGOMERY, ALABAMA.

7 The Secretary shall review the navigation and aquatic

8 ecosystem restoration components of the Montgomery

9 Riverfront and Downtown Master Plan, Montgomery, Ala10 bama, dated May 2001, and prepared by the non-Federal

11 interest and, if the Secretary determines that those com12 ponents meet the evaluation and design standards of the

13 Corps of Engineers and that the components are feasible,

14 may carry out the components at a Federal cost not to

15 exceed $5,000,000.

16 SEC. 5017. PINHOOK CREEK, HUNTSVILLE, ALABAMA.

17 The Secretary shall design and construct the locally

18 preferred plan for flood protection at Pinhook Creek,

19 Huntsville, Alabama, under the authority of section 205

20 of the Flood Control Act of 1948 (33 U.S.C. 701s). The

21 Secretary shall allow the non-Federal interest to partici22 pate in the financing of the project in accordance with sec23 tion 903(c) of the Water Resources Development Act of

24 1986 (100 Stat. 4184) to the extent that the Secretary’s

25 evaluation indicates that applying such section is nec26 essary to implement the project.
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1 SEC. 5018. ALASKA.

2 Section 570 of the Water Resources Development Act

3 of 1999 (113 Stat. 369) is amended—

4 (1) in subsection (e)(3)(B) by striking the last

5 sentence;

6 (2) in subsection (h) by striking ‘‘$25,000,000’’

7 and inserting ‘‘$40,000,000’’; and

8 (3) by adding at the end the following:

9 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec10 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

11 1962d–5b(b)), for any project undertaken under this sec12 tion, a non-Federal interest may include a nonprofit enti13 ty, with the consent of the affected local government.

14 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent

15 of the amounts appropriated to carry out this section may

16 be used by the Corps of Engineers district offices to ad17 minister projects under this section at 100 percent Fed18 eral expense.’’.

19 SEC. 5019. AKUTAN SMALL BOAT HARBOR, ALASKA.

20 (a) IN GENERAL.—The Secretary shall expedite the

21 study for the Akutan Small Boat Harbor, Alaska, and

22 upon completion of the feasibility study, shall design and

23 construct the project, if the Secretary determines that the

24 project is feasible.

25 (b) TREATMENT OF CERTAIN DREDGING.—The

26 headlands dredging for the mooring basin shall be consid-
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1 ered general navigation feature for purposes of estimating

2 the non-Federal share of the cost of the project.

3 SEC. 5020. FORT YUKON, ALASKA.

4 The Secretary shall make repairs to the dike at Fort

5 Yukon, Alaska, so that the dike meets Corps of Engineers

6 standards.

7 SEC. 5021. LOWELL CREEK TUNNEL, SEWARD, ALASKA.

8 (a) LONG-TERM MAINTENANCE AND REPAIR.—The

9 Secretary shall assume responsibility for the long-term

10 maintenance and repair of the Lowell Creek Tunnel.

11 (b) STUDY.—The Secretary shall conduct a study to

12 determine whether alternative methods of flood diversion

13 in Lowell Canyon are feasible.

14 SEC. 5022. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,

15 ALASKA.

16 The Secretary shall carry out, on an emergency basis,

17 necessary removal of rubble, sediment, and rock that are

18 impeding the entrance to the St. Herman and St. Paul

19 Harbors, Kodiak, Alaska, at a Federal cost of $2,000,000.

20 SEC. 5023. AUGUSTA AND CLARENDON, ARKANSAS.

21 (a) IN GENERAL.—The Secretary is authorized to

22 perform operation, maintenance, and rehabilitation of au23 thorized and completed levees on the White River between

24 Augusta and Clarendon, Arkansas.
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1 (b) REIMBURSEMENT.—After performing the oper2 ation, maintenance, and rehabilitation under subsection

3 (a), the Secretary shall seek reimbursement from the Sec4 retary of the Interior of an amount equal to the costs allo5 cated to benefits to a Federal wildlife refuge of such oper6 ation, maintenance, and rehabilitation.

7 SEC. 5024. HELENA AND VICINITY, ARKANSAS.

8 The Secretary shall accept as fulfilling the non-Fed9 eral cost sharing responsibilities for the project for flood

10 control, Helena and Vicinity, Arkansas, authorized by sec11 tion 401 of the Water Resources Development Act of 1986

12 (100 Stat. 4112), the non-Federal cash contribution of

13 $568,000 and the lands, easements, rights-of-way, reloca14 tions, and dredged material disposal areas provided by the

15 non-Federal sponsor as of September 1, 2003, and the

16 Secretary shall not seek to recover any reimbursement

17 from the non-Federal sponsor related to advanced pay18 ments to, or work performed for, the non-Federal sponsor

19 under the authority of sections 103 and 104 of the Water

20 Resources Development Act of 1986 (33 U.S.C. 2213,

21 2214).

22 SEC. 5025. LOOMIS LANDING, ARKANSAS.

23 The Secretary shall conduct a study of shore damage

24 in the vicinity of Loomis Landing, Arkansas, to determine

25 if the damage is the result of a Federal navigation project,
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1 and, if the Secretary determines that the damage is the

2 result of a Federal navigation project, the Secretary shall

3 carry out a project to mitigate the damage under section

4 111 of the River and Harbor Act of 1968 (33 U.S.C.

5 426i).

6 SEC. 5026. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA7 TION PROJECT, ARKANSAS AND OKLAHOMA.

8 The McClellan-Kerr Arkansas River navigation and

9 comprehensive development project, Arkansas and Okla10 homa, authorized by the Act entitled ‘‘An Act authorizing

11 the construction of certain public works on rivers and har12 bors for flood control, and for other purposes’’, approved

13 June 28, 1938 (52 Stat. 1215), and the first section of

14 the River and Harbor Act of 1946 (60 Stat. 364) and

15 modified by section 108 of the Energy and Water Develop16 ment Appropriations Act, 1988 (101 Stat. 1329–112), is

17 further modified to authorize a project depth of 12 feet

18 in the States of Arkansas and Oklahoma.

19 SEC. 5027. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS20 SOURI.

21 The Secretary shall conduct a study of increased sil22 tation and streambank erosion in the St. Francis River

23 basin, Arkansas and Missouri, to determine if the siltation

24 or erosion, or both, are the result of a Federal flood con25 trol project and, if the Secretary determines that the silta-
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1 tion or erosion, or both, are the result of a Federal flood

2 control project, the Secretary shall carry out a project to

3 mitigate the siltation or erosion, or both.

4 SEC. 5028. CAMBRIA, CALIFORNIA.

5 Section 219(f)(48) of the Water Resources Develop6 ment Act of 1992 (114 Stat. 2763A–220) is amended—

7 (1) by striking ‘‘$10,300,000’’ and inserting the

8 following:

9 ‘‘(A) IN GENERAL.—$10,300,000’’;

10 (2) by adding at the end the following:

11 ‘‘(B) CREDIT.—The Secretary shall credit

12 toward the non-Federal share of the cost of the

13 project not to exceed $3,000,000 for the cost of

14 planning and design work carried out by the

15 non-Federal interest before the date of the

16 partnership agreement for the project if the

17 Secretary determines that the work is integral

18 to the project.’’; and

19 (3) by aligning the remainder of the text of

20 subparagraph (A) (as designated by paragraph (1)

21 of this section) with subparagraph (B) (as added by

22 paragraph (2) of this section).
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1 SEC. 5029. CONTRA COSTA CANAL, OAKLEY AND

2 KNIGHTSEN, CALIFORNIA; MALLARD

3 SLOUGH, PITTSBURG, CALIFORNIA.

4 Sections 512 and 514 of the Water Resources Devel5 opment Act of 2000 (114 Stat. 2650) are each amended

6 by adding at the end the following: ‘‘All planning, study,

7 design, and construction on the project shall be carried

8 out by the office of the district engineer, San Francisco,

9 California.’’.

10 SEC. 5030. EAST SAN JOAQUIN COUNTY, CALIFORNIA.

11 Section 219(f)(22) of the Water Resources Develop12 ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336)

13 is amended—

14 (1) by striking ‘‘$25,000,000’’ and inserting the

15 following:

16 ‘‘(A) IN GENERAL.—$25,000,000’’;

17 (2) by adding at the end the following:

18 ‘‘(B) CREDIT.—The Secretary shall credit

19 toward the non-Federal share of the cost of the

20 project (i) the cost of design and construction

21 work carried out by the non-Federal interest

22 before the date of the partnership agreement

23 for the project if the Secretary determines that

24 the work is integral to the project; and (ii) the

25 cost of in-kind services and materials provided

26 for the project by the non-Federal interest.
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1 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non2 Federal interest may provide any portion of the

3 non-Federal share of the cost of the project in

4 the form of services, materials, supplies, or

5 other in-kind contributions.’’; and

6 (3) by aligning the remainder of the text of

7 subparagraph (A) (as designated by paragraph (1)

8 of this section) with subparagraph (B) (as added by

9 paragraph (2) of this section).

10 SEC. 5031. PLACER AND EL DORADO COUNTIES, CALI11 FORNIA.

12 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

13 may establish a program to provide environmental assist14 ance to non-Federal interests in Placer and El Dorado

15 Counties, California.

16 (b) FORM OF ASSISTANCE.—Assistance under this

17 section may be in the form of design and construction as18 sistance to improve the efficiency and use of existing water

19 supplies in Placer and El Dorado Counties through water

20 and wastewater projects, programs, and infrastructure.

21 (c) OWNERSHIP REQUIREMENT.—The Secretary may

22 provide assistance for a project under this section only if

23 the project is publicly owned.

24 (d) PARTNERSHIP AGREEMENTS.—
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1 (1) IN GENERAL.—Before providing assistance

2 under this section, the Secretary shall enter into a

3 partnership agreement with a non-Federal interest

4 to provide for design and construction of the project

5 to be carried out with the assistance.

6 (2) REQUIREMENTS.—Each partnership agree7 ment entered into under this subsection shall provide

8 for the following:

9 (A) PLAN.—Development by the Secretary,

10 in consultation with appropriate Federal and

11 State officials, of a facilities or resource protec12 tion and development plan, including appro13 priate engineering plans and specifications.

14 (B) LEGAL AND INSTITUTIONAL STRUC15 TURES.—Establishment of such legal and insti16 tutional structures as are necessary to ensure

17 the effective long-term operation of the project

18 by the non-Federal interest.

19 (3) COST SHARING.—

20 (A) IN GENERAL.—The Federal share of

21 the project costs under each partnership agree22 ment entered into under this subsection shall be

23 75 percent. The Federal share may be in the

24 form of grants or reimbursements of project

25 costs.
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1 (B) CREDIT FOR WORK.—The non-Federal

2 interests shall receive credit for the reasonable

3 cost of design work on a project completed by

4 the non-Federal interest before entering into a

5 partnership agreement with the Secretary for

6 such project.

7 (C) CREDIT FOR INTEREST.—In case of a

8 delay in the funding of the non-Federal share

9 of a project that is the subject of an agreement

10 under this section, the non-Federal interest

11 shall receive credit for reasonable interest in12 curred in providing the non-Federal share of

13 the project’s costs.

14 (D) LAND, EASEMENTS, AND RIGHTS-OF15 WAY CREDIT.—The non-Federal interest shall

16 receive credit for land, easements, rights-of17 way, and relocations toward the non-Federal

18 share of project costs (including all reasonable

19 costs associated with obtaining permits nec20 essary for the construction, operation, and

21 maintenance of the project on publicly owned or

22 controlled land), but not to exceed 25 percent

23 of total project costs.

24 (E) OPERATION AND MAINTENANCE.—The

25 non-Federal share of operation and mainte-
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1 nance costs for projects constructed with assist2 ance provided under this section shall be 100

3 percent.

4 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

5 LAWS.—Nothing in this section waives, limits, or other6 wise affects the applicability of any provision of Federal

7 or State law that would otherwise apply to a project to

8 be carried out with assistance provided under this section.

9 (f) NONPROFIT ENTITIES.—Notwithstanding section

10 221(b) of the Flood Control Act of 1970 (42 U.S.C.

11 1962d–5b(b), for any project undertaken under this sec12 tion, a non-Federal interest may include a nonprofit entity

13 with the consent of the affected local government.

14 (g) CORPS OF ENGINEERS EXPENSES.—Ten percent

15 of the amounts appropriated to carry out this section may

16 be used by the Corps of Engineers district offices to ad17 minister projects under this section at 100 percent Fed18 eral expense.

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $40,000,000. Such sums shall remain available until ex22 pended.

23 SEC. 5032. SACRAMENTO AREA, CALIFORNIA.

24 Section 219(f)(23) of the Water Resources Develop25 ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336)
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1 is amended by striking ‘‘$25,000,000’’ and inserting

2 ‘‘$35,000,000’’.

3 SEC. 5033. SACRAMENTO DEEP WATER SHIP CHANNEL,

4 CALIFORNIA.

5 (a) IN GENERAL.—The Secretary is authorized to

6 transfer title to the Bascule Bridge, deauthorized by sec7 tion 347(a)(2) of the Water Resources Development Act

8 of 2000 (114. Stat. 2618), to the city of West Sacramento,

9 California, subject to the execution of an agreement by

10 the Secretary and the city which specifies the terms and

11 conditions for such transfer. The terms and conditions of

12 the transfer shall include a provision authorizing the Sec13 retary to participate in the construction of a replacement

14 bridge following the removal of the Bascule Bridge.

15 (b) AUTHORIZATION OF APPROPRIATION.—There is

16 authorized to be appropriated $5,000,000 for the Sec17 retary to participate in the construction of a replacement

18 bridge under this section.

19 SEC. 5034. SAN FRANCISCO, CALIFORNIA.

20 (a) PIER 70 WHARF 5 REMOVAL AND DREDGING

21 PROJECT.—

22 (1) IN GENERAL.—The Secretary, in coopera23 tion with the Port of San Francisco, shall carry out

24 the project for removal of Wharf 5 and associated

25 pilings and dredgings at Pier 70 in San Francisco,
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1 California, substantially in accordance with the

2 Port’s redevelopment plans.

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated $1,600,000

5 to carry out this subsection.

6 (b) PIERS 94–96 REPAIRS PROJECT.—

7 (1) IN GENERAL.—The Secretary, in coopera8 tion with the Port of San Francisco, California, may

9 carry out the project for repairs to Piers 94–96 in

10 San Francisco, California, substantially in accord11 ance with the Port’s redevelopment plan.

12 (2) AUTHORIZATION OF APPROPRIATION.—

13 There is authorized to be appropriated $5,000,000

14 to carry out this subsection.

15 (c) CAPITAL IMPROVEMENT PROJECT.—

16 (1) ESTABLISHMENT OF OFFICE.—The Sec17 retary shall establish a centralized office at the office

18 of the district engineer, San Francisco, California,

19 for the use of all Federal and State agencies that

20 are or will be involved in issuing permits and con21 ducting environmental reviews for the capital im22 provement project to repair and upgrade the water

23 supply and delivery system for the city of San Fran24 cisco.
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1 (2) CONTRIBUTIONS.—The Secretary may use

2 the authority under section 214 of the Water Re3 sources Development Act of 2000 (33 U.S.C. 2201

4 note) for the project described in paragraph (1).

5 (3) PROTECTION OF IMPARTIAL DECISION6 MAKING.—In carrying out this subsection, the Sec7 retary and the heads of Federal agencies receiving

8 funds under such section 214 for the project de9 scribed in paragraph (1) shall ensure that the use of

10 the funds accepted under such section for such

11 project will not impact impartial decisionmaking

12 with respect to the issuance of permits, either sub13 stantively or procedurally, or diminish, modify, or

14 otherwise affect the statutory or regulatory authori15 ties of such agencies.

16 SEC. 5035. SAN FRANCISCO, CALIFORNIA, WATERFRONT

17 AREA.

18 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB19 LIC INTEREST.—Unless the Secretary finds, after con20 sultation with local and regional public officials (including

21 local and regional public planning organizations), that the

22 proposed projects to be undertaken within the boundaries

23 of the portion of the San Francisco, California, waterfront

24 area described in subsection (b) are not in the public inter-
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1 est, such portion is declared to be nonnavigable waters of

2 the United States.

3 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

4 STREET.—The portion of the San Francisco, California,

5 waterfront area referred to in subsection (a) is as follows:

6 Beginning at the intersection of the northwesterly line of

7 Bryant Street with the southwesterly line of Spear Street,

8 which intersection lies on the line of jurisdiction of the

9 San Francisco Port Authority; following thence westerly

10 and southerly along said line of jurisdiction as described

11 in the State of California Harbor and Navigable Code Sec12 tion 1770, as amended in 1961, to its intersection with

13 the easterly line of Townsend Street produced southerly;

14 thence northerly along said easterly line of Townsend

15 Street produced to its intersection with the United States

16 Government pier-head line; thence following said pier-head

17 line westerly and northerly to its intersection with the ex18 isting boundary line of Piers 30/32, then northerly and

19 easterly along the existing boundary of Piers 30/32 until

20 its intersection with the United States Government pier21 head line, thence following said pier-head line westerly and

22 northerly to the northwesterly line of Bryant Street pro23 duced northwesterly; thence southwesterly along said

24 northwesterly line of Bryant Street produced to the point

25 of beginning.
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1 (c) REQUIREMENT THAT AREA BE IMPROVED.—The

2 declaration of nonnavigability under subsection (a) applies

3 only to those parts of the area described in subsection (b)

4 that are or will be bulkheaded, filled, or otherwise occupied

5 by permanent structures and does not affect the applica6 bility of any Federal statute or regulation applicable to

7 such parts the day before the date of enactment of this

8 Act, including sections 9 and 10 of the Act of March 3,

9 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly

10 known as the Rivers and Harbors Appropriation Act of

11 1899, section 404 of the Federal Water Pollution Control

12 Act (33 U.S.C. 1344), and the National Environmental

13 Policy Act of 1969 (42 U.S.C. 4321 et seq.).

14 (d) EXPIRATION DATE.—If, 20 years from the date

15 of enactment of this Act, any area or part thereof de16 scribed in subsection (b) is not bulkheaded or filled or oc17 cupied by permanent structures, including marina facili18 ties, in accordance with the requirements set out in sub19 section (c), or if work in connection with any activity per20 mitted in subsection (c) is not commenced within 5 years

21 after issuance of such permits, then the declaration of

22 nonnavigability for such area or part thereof shall expire.

23 SEC. 5036. SAN PABLO BAY WATERSHED AND SUISUN

24 MARSH ECOSYSTEM RESTORATION.

25 (a) SAN PABLO BAY WATERSHED, CALIFORNIA.—
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1 (1) IN GENERAL.—The Secretary shall complete

2 work, as expeditiously as possible, on the ongoing

3 San Pablo Bay watershed, California, study to deter4 mine the feasibility of opportunities for restoring,

5 preserving and protecting the San Pablo Bay water6 shed.

7 (2) REPORT.—Not later than March 31, 2008,

8 the Secretary shall transmit to Congress a report on

9 the results of the study.

10 (c) SUISUN MARSH, CALIFORNIA.—The Secretary

11 shall conduct a comprehensive study to determine the fea12 sibility of opportunities for restoring, preserving and pro13 tecting the Suisun Marsh, California.

14 (d) SAN PABLO AND SUISUN BAY MARSH WATER15 SHED CRITICAL RESTORATION PROJECTS.—

16 (1) IN GENERAL.—The Secretary may partici17 pate in critical restoration projects that will produce,

18 consistent with Federal programs, projects, activi19 ties, immediate and substantial ecosystem restora20 tion, preservation and protection benefits in the fol21 lowing sub-watersheds of the San Pablo and Suisun

22 Bay Marsh watersheds:

23 (A) The tidal areas of the Petaluma River,

24 Napa-Sonoma Marsh.
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1 (B) The shoreline of West Contra Costa

2 County.

3 (C) Novato Creek.

4 (D) Suisun Marsh.

5 (E) Gallinas-Miller Creek.

6 Participation in such critical restoration projects

7 may include assistance for planning, design or con8 struction.

9 (2) NON-FEDERAL INTERESTS.—Notwith10 standing the requirements of section 221 of the

11 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), a

12 nonprofit entity may serve, with the consent of the

13 affected local government, as a non-Federal sponsor

14 for a project undertaken pursuant to this section.

15 (3) COST SHARING.—Before carrying out any

16 project under this section, the Secretary shall enter

17 into a partnership agreement with the non-Federal

18 interest that shall require the non-Federal interest—

19 (A) to pay 35 percent of the cost of con20 struction for the project;

21 (B) to provide any lands, easements,

22 rights-of-way, dredged material disposal areas

23 and relocations necessary to carry out the

24 project; and
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1 (C) to pay 100 percent of the operation,

2 maintenance, repair, replacement, and rehabili3 tation costs associated with the project.

4 (4) CREDIT.—The Secretary shall credit toward

5 the non-Federal share of the cost of construction of

6 a project under this section—

7 (A) the value of any lands, easements,

8 rights-of-way, dredged material disposal areas,

9 or relocations provided for carrying out the

10 project, regardless of the date of acquisition;

11 (B) funds received from the CALFED

12 Bay-Delta program; and

13 (C) the cost of the studies, design and con14 struction work carried out by the non-Federal

15 interest before the date of execution of a part16 nership agreement for the project if the Sec17 retary determines that the work is integral to

18 the project.

19 (5) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated to carry out

21 this subsection $40,000,000.

22 SEC. 5037. STOCKTON, CALIFORNIA.

23 (a) REEVALUATION.—The Secretary shall reevaluate

24 the feasibility of the Lower Mosher Slough element and

25 the levee extensions on the Upper Calaveras River element
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1 of the project for flood control, Stockton Metropolitan

2 Area, California, carried out under section 211(f)(3) of the

3 Water Resources Development Act of 1996 (110 Stat.

4 3683), to determine the eligibility of such elements for re5 imbursement under section 211 of such Act (33 U.S.C.

6 701b–13).

7 (b) SPECIAL RULES FOR REEVALUATION.—In con8 ducting the reevaluation under subsection (a), the Sec9 retary shall not reject a feasibility determination based on

10 policies of the Corps of Engineers concerning the fre11 quency of flooding, the drainage area, and the amount of

12 runoff.

13 (c) REIMBURSEMENT.—If the Secretary determines

14 that the elements referred to subsection (a) are feasible,

15 the Secretary shall reimburse, subject to appropriations,

16 the non-Federal interest under section 211 of the Water

17 Resources Development Act of 1996 for the Federal share

18 of the cost of such elements.

19 SEC. 5038. UPPER KLAMATH BASIN, CALIFORNIA.

20 (a) DEFINITION OF UPPER KLAMATH BASIN.—In

21 this section, the term ‘‘Upper Klamath Basin’’ means the

22 counties of Klamath, Oregon, and Siskiyou and Modoc,

23 California.

24 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

25 may establish a program to provide environmental assist-
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1 ance to non-Federal interests in the Upper Klamath

2 Basin.

3 (c) FORM OF ASSISTANCE.—Assistance under this

4 section may be in the form of design and construction as5 sistance to improve the efficiency and use of existing water

6 supplies in the Upper Klamath Basin through water and

7 wastewater and ecosystem restoration projects, programs,

8 and infrastructure.

9 (d) OWNERSHIP REQUIREMENT.—The Secretary may

10 provide assistance for a project under this section only if

11 the project is publicly owned.

12 (e) PARTNERSHIP AGREEMENTS.—

13 (1) IN GENERAL.—Before providing assistance

14 under this section, the Secretary shall enter into a

15 partnership agreement with a non-Federal interest

16 to provide for design and construction of the project

17 to be carried out with the assistance.

18 (2) REQUIREMENTS.—Each partnership agree19 ment entered into under this subsection shall provide

20 for the following:

21 (A) PLAN.—Development by the Secretary,

22 in consultation with appropriate Federal and

23 State officials, of a facilities or resource protec24 tion and development plan, including appro25 priate engineering plans and specifications.
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1 (B) LEGAL AND INSTITUTIONAL STRUC2 TURES.—Establishment of such legal and insti3 tutional structures as are necessary to ensure

4 the effective long-term operation of the project

5 by the non-Federal interest.

6 (3) COST SHARING.—

7 (A) IN GENERAL.—The Federal share of

8 the project costs under each partnership agree9 ment entered into under this subsection shall be

10 75 percent. The Federal share may be in the

11 form of grants or reimbursements of project

12 costs.

13 (B) CREDIT FOR WORK.—The non-Federal

14 interests shall receive credit for the reasonable

15 cost of design work on a project completed by

16 the non-Federal interest before entering into a

17 partnership agreement with the Secretary for

18 such project.

19 (C) CREDIT FOR INTEREST.—In case of a

20 delay in the funding of the non-Federal share

21 of a project that is the subject of an agreement

22 under this section, the non-Federal interest

23 shall receive credit for reasonable interest in24 curred in providing the non-Federal share of

25 the project’s costs.
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1 (D) LAND, EASEMENTS, AND RIGHTS-OF2 WAY CREDIT.—The non-Federal interest shall

3 receive credit for land, easements, rights-of4 way, and relocations toward the non-Federal

5 share of project costs (including all reasonable

6 costs associated with obtaining permits nec7 essary for the construction, operation, and

8 maintenance of the project on publicly owned or

9 controlled land), but not to exceed 25 percent

10 of total project costs.

11 (E) OPERATION AND MAINTENANCE.—The

12 non-Federal share of operation and mainte13 nance costs for projects constructed with assist14 ance provided under this section shall be 100

15 percent.

16 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

17 LAWS.—Nothing in this section waives, limits, or other18 wise affects the applicability of any provision of Federal

19 or State law that would otherwise apply to a project to

20 be carried out with assistance provided under this section.

21 (g) NONPROFIT ENTITIES.—Notwithstanding section

22 221(b) of the Flood Control Act of 1970 (42 U.S.C.

23 1962d–5b(b), for any project undertaken under this sec24 tion, a non-Federal interest may include a nonprofit entity

25 with the consent of the affected local government.
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1 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent

2 of the amounts appropriated to carry out this section may

3 be used by the Corps of Engineers district offices to ad4 minister projects under this section at 100 percent Fed5 eral expense.

6 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section

8 $25,000,000. Such sums shall remain available until ex9 pended.

10 SEC. 5039. CHARLES HERVEY TOWNSHEND BREAKWATER,

11 CONNECTICUT.

12 The western breakwater for the project for naviga13 tion, New Haven Harbor, Connecticut, authorized by the

14 1st section of the Act entitled ‘‘An Act making appropria15 tions for the construction, repair, and preservation of cer16 tain public works on rivers and harbors, and for other pur17 poses’’, approved September 19, 1890 (26 Stat. 426),

18 shall be known and designated as the ‘‘Charles Hervey

19 Townshend Breakwater’’.

20 SEC. 5040. EVERGLADES RESTORATION, FLORIDA.

21 (a) COMPREHENSIVE PLAN.—

22 (1) HILLSBORO AND OKEECHOBEE AQUIFER.—

23 Section 601(b)(2)(A) of the Water Resources Devel24 opment Act of 2000 (114 Stat. 2681) is amended—
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1 (A) in clause (i) by adding at the end the

2 following: ‘‘The project for aquifer storage and

3 recovery, Hillsboro and Okeechobee Aquifer,

4 Florida, authorized by section 101(a)(16) of the

5 Water Resources Development Act of 1999

6 (113 Stat. 276), shall be treated for purposes

7 of this section as being in the Plan.’’; and

8 (B) in clause (iii) by inserting after ‘‘sub9 paragraph (B)’’ the following: ‘‘and the project

10 for aquifer storage and recovery, Hillsboro and

11 Okeechobee Aquifer’’.

12 (2) OUTREACH AND ASSISTANCE.—Section

13 601(k) of such Act (114 Stat. 2691–2692) is

14 amended by adding at the end the following:

15 ‘‘(3) MAXIMUM EXPENDITURES.—The Sec16 retary may expend up to $3,000,000 per fiscal year

17 for fiscal years beginning after September 30, 2002,

18 to carry out this subsection.’’.

19 (b) CRITICAL RESTORATION PROJECTS.—Section

20 528(b)(3)(C) of the Water Resources Development Act of

21 1996 (110 Stat. 3769; 113 Stat. 286) is amended—

22 (1) in clause (i) by striking ‘‘$75,000,000’’ and

23 all that follows through ‘‘2003’’ and inserting

24 ‘‘$95,000,000’’; and
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1 (2) in clause (ii) by striking ‘‘$25,000,000’’ and

2 inserting ‘‘$30,000,000’’.

3 SEC. 5041. FLORIDA KEYS WATER QUALITY IMPROVE4 MENTS.

5 Section 109(e)(2) of Division B of the Miscellaneous

6 Appropriations Act, 2001 (enacted into law by Public Law

7 106–554) (114 Stat. 2763A–222) is amended by adding

8 at the end the following:

9 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU10 TION OF THE PARTNERSHIP AGREEMENT.—The

11 Secretary shall credit toward the non-Federal

12 share of the cost of the project (i) the cost of

13 construction work carried out by the non-Fed14 eral interest before the date of the partnership

15 agreement for the project if the Secretary de16 termines that the work is integral to the

17 project; and (ii) the cost of land acquisition car18 ried out by the non-Federal interest for projects

19 to be carried out under this section.’’.

20 SEC. 5042. LAKE WORTH, FLORIDA.

21 The Secretary may carry out necessary repairs for

22 the Lake Worth bulkhead replacement project, West Palm

23 Beach, Florida, at an estimated total cost of $9,000,000.
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1 SEC. 5043. LAKE LANIER, GEORGIA.

2 The Secretary may assist local interests with plan3 ning, design, and construction of facilities at the Lake La4 nier Olympic Center, Georgia, in support of the 2003

5 World Kayaking Championships, at a total cost of

6 $5,300,000.

7 SEC. 5044. RILEY CREEK RECREATION AREA, IDAHO.

8 The Secretary is authorized to carry out the Riley

9 Creek Recreation Area Operation Plan of the Albeni Falls

10 Management Plan, dated October 2001, for the Riley

11 Creek Recreation Area, Albeni Falls Dam, Bonner Coun12 ty, Idaho.

13 SEC. 5045. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC14 TION PROJECTS.

15 (a) IN GENERAL.—The Secretary may participate in

16 the reconstruction of an eligible flood control project if the

17 Secretary determines that such reconstruction is not re18 quired as a result of improper operation and maintenance

19 of the project by the non-Federal interest.

20 (b) COST SHARING.—The non-Federal share of the

21 costs for the reconstruction of a flood control project au22 thorized by this section shall be the same Federal share

23 that was applicable to construction of the project. The

24 non-Federal interest shall be responsible for operation and

25 maintenance and repair of a project for which reconstruc26 tion is undertaken under this section.
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1 (c) RECONSTRUCTION DEFINED.—In this section,

2 the term ‘‘reconstruction’’, as used with respect to a

3 project, means addressing major project deficiencies

4 caused by long-term degradation of the foundation, con5 struction materials, or engineering systems or components

6 of the project, the results of which render the project at

7 risk of not performing in compliance with its authorized

8 project purposes. In addressing such deficiencies, the Sec9 retary may incorporate current design standards and effi10 ciency improvements, including the replacement of obso11 lete mechanical and electrical components at pumping sta12 tions, if such incorporation does not significantly change

13 the scope, function, and purpose of the project as author14 ized.

15 (d) ELIGIBLE PROJECTS.—The following flood con16 trol projects are eligible for reconstruction under this sec17 tion:

18 (1) Wood River Drainage and Levee District,

19 Illinois, authorized as part of the navigation project

20 of the Upper Mississippi River basin by section 2 of

21 the Flood Control Act of June 28, 1938 (52 Stat.

22 1218).

23 (2) Clear Creek Drainage and Levee District,

24 Illinois, authorized by section 5 of the Flood Control

25 Act of June 22, 1936 (49 Stat. 1581).
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1 (3) Fort Chartres and Ivy Landing Drainage

2 District, Illinois, authorized as part of the naviga3 tion project of the Upper Mississippi River basin by

4 section 2 of the Flood Control Act of June 22, 1938

5 (52 Stat. 1218).

6 (e) JUSTIFICATION.—The reconstruction of a project

7 authorized by this section shall not be considered a sepa8 rable element of the project.

9 (f) AUTHORIZATION OF APPROPRIATION.—There is

10 authorized to be appropriated $15,000,000 to carry out

11 this section. Such sums shall remain available until ex12 pended.

13 SEC. 5046. COOK COUNTY, ILLINOIS.

14 Section 219(f)(54) of the Water Resources Develop15 ment Act of 1992 (106 Stat. 4835; 113 Stat. 535; 114

16 Stat. 2763A-221) is amended—

17 (1) by striking ‘‘$35,000,000’’ and inserting the

18 following:

19 ‘‘(A) IN GENERAL.—$35,000,000’’;

20 (2) by adding at the end the following:

21 ‘‘(B) CREDIT.—The Secretary shall credit

22 toward the non-Federal share of the cost of the

23 project not to exceed $80,000 for the cost of

24 planning and design work carried out by the

25 non-Federal interest before, on, or after the
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1 date of the partnership agreement for the

2 project if the Secretary determines that the

3 work is integral to the project.’’; and

4 (3) by aligning the remainder of the text of

5 subparagraph (A) (as designated by paragraph (1)

6 of this section) with subparagraph (B) (as added by

7 paragraph (2) of this section).

8 SEC. 5047. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA9 TION.

10 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec11 tion, the term ‘‘Kaskaskia River basin’’ means the

12 Kaskaskia River, Illinois, its backwaters, its side channels,

13 and all tributaries, including their watersheds, draining

14 into the Kaskaskia River.

15 (b) COMPREHENSIVE PLAN.—

16 (1) DEVELOPMENT.—The Secretary shall de17 velop, as expeditiously as practicable, a comprehen18 sive plan for the purpose of restoring, preserving,

19 and protecting the Kaskaskia River basin.

20 (2) TECHNOLOGIES AND INNOVATIVE AP21 PROACHES.—The comprehensive plan shall provide

22 for the development of new technologies and innova23 tive approaches—

24 (A) to enhance the Kaskaskia River as a

25 transportation corridor;
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1 (B) to improve water quality within the en2 tire Kaskaskia River basin;

3 (C) to restore, enhance, and preserve habi4 tat for plants and wildlife;

5 (D) to increase economic opportunity for

6 agriculture and business communities; and

7 (E) to reduce the impacts of flooding to

8 communities and landowners.

9 (3) SPECIFIC COMPONENTS.—The comprehen10 sive plan shall include such features as are necessary

11 to provide for—

12 (A) the development and implementation of

13 a program for sediment removal technology,

14 sediment characterization, sediment transport,

15 and beneficial uses of sediment;

16 (B) the development and implementation

17 of a program for the planning, conservation,

18 evaluation, and construction of measures for

19 fish and wildlife habitat conservation and reha20 bilitation, and stabilization and enhancement of

21 land and water resources in the basin;

22 (C) the development and implementation of

23 a long-term resource monitoring program;
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1 (D) the development and implementation

2 of a computerized inventory and analysis sys3 tem; and

4 (E) the development and implementation

5 of a systemic plan to reduce flood impacts by

6 means of ecosystem restoration projects.

7 (4) CONSULTATION.—The comprehensive plan

8 shall be developed by the Secretary in consultation

9 with appropriate Federal agencies, the State of Illi10 nois, and the Kaskaskia River Coordinating Council.

11 (5) REPORT TO CONGRESS.—Not later than 2

12 years after the date of enactment of this Act, the

13 Secretary shall transmit to Congress a report con14 taining the comprehensive plan.

15 (6) ADDITIONAL STUDIES AND ANALYSES.—

16 After transmission of a report under paragraph (5),

17 the Secretary shall conduct studies and analyses of

18 projects related to the comprehensive plan that are

19 appropriate and consistent with this subsection.

20 (c) GENERAL PROVISIONS.—

21 (1) WATER QUALITY.—In carrying out activi22 ties under this section, the Secretary’s recommenda23 tions shall be consistent with applicable State water

24 quality standards.
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1 (2) PUBLIC PARTICIPATION.—In developing the

2 comprehensive plan under subsection (b), the Sec3 retary shall implement procedures to facilitate public

4 participation, including providing advance notice of

5 meetings, providing adequate opportunity for public

6 input and comment, maintaining appropriate

7 records, and making a record of the proceedings of

8 meetings available for public inspection.

9 (d) COORDINATION.—The Secretary shall integrate

10 activities carried out under this section with ongoing Fed11 eral and State programs, projects, and activities, including

12 the following:

13 (1) Farm programs of the Department of Agri14 culture.

15 (2) Conservation Reserve Enhancement Pro16 gram (State of Illinois) and Conservation 2000 Eco17 system Program of the Illinois Department of Nat18 ural Resources.

19 (3) Conservation 2000 Conservation Practices

20 Program and the Livestock Management Facilities

21 Act administered by the Illinois Department of Agri22 culture.

23 (4) National Buffer Initiative of the Natural

24 Resources Conservation Service.
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1 (5) Nonpoint source grant program adminis2 tered by the Illinois Environmental Protection Agen3 cy.

4 (e) COST SHARING.—

5 (1) IN GENERAL.—The non-Federal share of

6 the cost of activities carried out under this section

7 shall be 35 percent.

8 (2) IN-KIND SERVICES.—The Secretary may

9 credit the cost of in-kind services provided by the

10 non-Federal interest for an activity carried out

11 under this section toward not more than 80 percent

12 of the non-Federal share of the cost of the activity.

13 In-kind services shall include all State funds ex14 pended on programs that accomplish the goals of

15 this section, as determined by the Secretary. The

16 programs may include the Kaskaskia River Con17 servation Reserve Program, the Illinois Conservation

18 2000 Program, the Open Lands Trust Fund, and

19 other appropriate programs carried out in the

20 Kaskaskia River basin.

21 SEC. 5048. NATALIE CREEK, MIDLOTHIAN AND OAK FOR22 EST, ILLINOIS.

23 The Secretary shall carry out a project for flood dam24 age reduction under section 205 of the Flood Control Act

25 of 1948 (33 U.S.C. 701s) Natalie Creek, Midlothian and
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1 Oak Forest, Illinois, if the Secretary determines that the

2 project is feasible.

3 SEC. 5049. PEORIA RIVERFRONT DEVELOPMENT, PEORIA,

4 ILLINOIS.

5 The Secretary may carry out the project for Peoria

6 riverfront development, Peoria, Illinois, under section 519

7 of the Water Resources Development Act of 2000 (114

8 Stat. 2653–2655), at a total cost of $16,000,000, with

9 an estimated Federal cost of $10,400,000 and an esti10 mated non-Federal cost of $5,600,000.

11 SEC. 5050. ILLINOIS RIVER BASIN RESTORATION.

12 (a) EXTENSION OF AUTHORIZATION.—Section

13 519(c)(2) of the Water Resources Development Act of

14 2000 (114 Stat. 2654) is amended by striking ‘‘2004’’ and

15 inserting ‘‘2010’’.

16 (b) IN-KIND SERVICES.—Section 519(g)(3) of such

17 Act (114 Stat. 2655) is amended by inserting before the

18 period at the end of the first sentence ‘‘if such services

19 are provided not more than 5 years before the date of initi20 ation of the project or activity’’.

21 SEC. 5051. SOUTHWEST ILLINOIS.

22 (a) DEFINITION OF SOUTHWEST ILLINOIS.—In this

23 section, the term ‘‘Southwest Illinois’’ means the counties

24 of Madison, St. Clair, Monroe, Randolph, Perry, Franklin,
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1 Jackson, Union, Alexander, Pulaski, and Williamson, Illi2 nois.

3 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

4 may establish a program to provide environmental assist5 ance to non-Federal interests in Southwest Illinois.

6 (c) FORM OF ASSISTANCE.—Assistance under this

7 section may be in the form of design and construction as8 sistance for water-related environmental infrastructure

9 and resource protection and development projects in

10 Southwest Illinois, including projects for wastewater treat11 ment and related facilities, water supply and related facili12 ties, and surface water resource protection and develop13 ment.

14 (d) OWNERSHIP REQUIREMENT.—The Secretary may

15 provide assistance for a project under this section only if

16 the project is publicly owned.

17 (e) PARTNERSHIP AGREEMENTS.—

18 (1) IN GENERAL.—Before providing assistance

19 under this section, the Secretary shall enter into a

20 partnership agreement with a non-Federal interest

21 to provide for design and construction of the project

22 to be carried out with the assistance.

23 (2) REQUIREMENTS.—Each partnership agree24 ment entered into under this subsection shall provide

25 for the following:
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1 (A) PLAN.—Development by the Secretary,

2 in consultation with appropriate Federal and

3 State officials, of a facilities or resource protec4 tion and development plan, including appro5 priate engineering plans and specifications.

6 (B) LEGAL AND INSTITUTIONAL STRUC7 TURES.—Establishment of such legal and insti8 tutional structures as are necessary to ensure

9 the effective long-term operation of the project

10 by the non-Federal interest.

11 (3) COST SHARING.—

12 (A) IN GENERAL.—The Federal share of

13 the project costs under each partnership agree14 ment entered into under this subsection shall be

15 75 percent. The Federal share may be in the

16 form of grants or reimbursements of project

17 costs.

18 (B) CREDIT FOR WORK.—The non-Federal

19 interests shall receive credit for the reasonable

20 cost of design work on a project completed by

21 the non-Federal interest before entering into a

22 partnership agreement with the Secretary for

23 such project.

24 (C) CREDIT FOR INTEREST.—In case of a

25 delay in the funding of the non-Federal share
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1 of a project that is the subject of an agreement

2 under this section, the non-Federal interest

3 shall receive credit for reasonable interest in4 curred in providing the non-Federal share of

5 the project’s costs.

6 (D) LAND, EASEMENTS, AND RIGHTS-OF7 WAY CREDIT.—The non-Federal interest shall

8 receive credit for land, easements, rights-of9 way, and relocations toward the non-Federal

10 share of project costs (including all reasonable

11 costs associated with obtaining permits nec12 essary for the construction, operation, and

13 maintenance of the project on publicly owned or

14 controlled land), but not to exceed 25 percent

15 of total project costs.

16 (E) OPERATION AND MAINTENANCE.—The

17 non-Federal share of operation and mainte18 nance costs for projects constructed with assist19 ance provided under this section shall be 100

20 percent.

21 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

22 LAWS.—Nothing in this section waives, limits, or other23 wise affects the applicability of any provision of Federal

24 or State law that would otherwise apply to a project to

25 be carried out with assistance provided under this section.
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1 (g) NONPROFIT ENTITIES.—Notwithstanding section

2 221(b) of the Flood Control Act of 1970 (42 U.S.C.

3 1962d–5b(b), for any project undertaken under this sec4 tion, a non-Federal interest may include a nonprofit enti5 ty.

6 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent

7 of the amounts appropriated to carry out this section may

8 be used by the Corps of Engineers district offices to ad9 minister projects under this section at 100 percent Fed10 eral expense.

11 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $40,000,000. Such sums shall remain available until ex14 pended.

15 SEC. 5052. CALUMET REGION, INDIANA.

16 Section 219(f)(12) of the Water Resources Develop17 ment Act of 1992 (113 Stat. 335) is amended—

18 (1) by striking ‘‘$10,000,000’’ and inserting

19 ‘‘$30,000,000’’; and

20 (2) by striking ‘‘Lake and Porter’’ and insert21 ing ‘‘Benton, Jasper, Lake, Newton, and Porter’’.

22 SEC. 5053. RATHBUN LAKE, IOWA.

23 (a) CONVEYANCE.—The Secretary shall convey the

24 remaining water supply storage allocation in Rathbun
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1 Lake, Iowa, to the Rathbun Regional Water Association

2 (in this section referred to as the ‘‘Water Association’’).

3 (b) COST SHARING.—Notwithstanding the Water

4 Supply Act of 1958 (43 U.S.C. 390b), the Water Associa5 tion shall pay 100 percent of the cost of the water supply

6 storage allocation to be conveyed under subsection (a).

7 The Secretary shall credit toward such non-Federal share

8 the cost of any structures and facilities constructed by the

9 Water Association at the project.

10 (c) TERMS AND CONDITIONS.—Before conveying the

11 water supply storage allocation under subsection (a), the

12 Secretary shall enter into an agreement with the Water

13 Association, under which the Water Association shall

14 agree to—

15 (1) in accordance with designs approved by the

16 Chief of Engineers, construct structures and facili17 ties referred to in subsection (b) that have a value

18 equal to or greater than the amount that otherwise

19 would be paid to the Federal Government for the

20 costs of the water supply storage under the Water

21 Supply Act of 1958 (43 U.S.C. 390b);

22 (2) be responsible for operating and maintain23 ing the structures and facilities;

24 (3) pay all operation and maintenance costs al25 located to the water supply storage space;
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1 (4) use any revenues generated at the struc2 tures and facilities that are above those required to

3 operate and maintain or improve the complex to un4 dertake, subject to the approval of the Chief of En5 gineers, activities that will improve the quality of the

6 environment in the Rathbun Lake watershed area;

7 and

8 (5) such other terms and conditions as the Sec9 retary considers necessary to protect the interests of

10 the United States.

11 SEC. 5054. CUMBERLAND RIVER BASIN, KENTUCKY.

12 At reservoirs managed by the Secretary within the

13 Cumberland River basin, Kentucky, the Secretary shall

14 continue to charge fees associated with storage and main15 tenance of water supply that were in effect on October

16 1, 2002.

17 SEC. 5055. MAYFIELD CREEK AND TRIBUTARIES, KEN18 TUCKY.

19 The Secretary shall conduct a study of flood damage

20 along Mayfield Creek and tributaries between Wickliffe

21 and Mayfield, Kentucky, to determine if the damage is the

22 result of a Federal flood damage reduction project, and,

23 if the Secretary determines that the damage is the result

24 of a Federal flood damage reduction project, the Secretary
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1 shall carry out a project to mitigate the damage at Federal

2 expense.

3 SEC. 5056. NORTH FORK, KENTUCKY RIVER, BREATHITT

4 COUNTY, KENTUCKY.

5 The Secretary shall rebuild the structure that is im6 peding high water flows on the North Fork of the Ken7 tucky River in Breathitt County, Kentucky, in a manner

8 that will reduce flood damages, at an estimated total cost

9 of $1,800,000. The non-Federal interest shall provide

10 lands, easements, rights-of-way, relocations, and disposal

11 areas required for the project. Operation and maintenance

12 of the rebuilt structure shall be a non-Federal expense.

13 SEC. 5057. SOUTHERN AND EASTERN KENTUCKY.

14 Section 531 of the Water Resources Development Act

15 of 1996 (110 Stat. 3774; 113 Stat. 348; 117 Stat. 142)

16 is amended by adding the following:

17 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent

18 of the amounts appropriated to carry out this section for

19 fiscal years 2004 and thereafter may be used by the Corps

20 of Engineers district offices to administer projects under

21 this section at 100 percent Federal expense.’’.

22 SEC. 5058. COASTAL LOUISIANA ECOSYSTEM PROTECTION

23 AND RESTORATION.

24 (a) DEFINITIONS.—In this section, the following defi25 nitions apply:
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1 (1) COASTAL LOUISIANA ECOSYSTEM.—The

2 term ‘‘Coastal Louisiana Ecosystem’’ means the

3 coastal area of Louisiana from the Sabine River on

4 the west to the Pearl River on the east and includes

5 tidal waters, barrier islands, marshes, coastal wet6 lands, rivers and streams, and adjacent areas.

7 (2) GOVERNOR.—The term ‘‘Governor’’ means

8 the Governor of Louisiana.

9 (3) TASK FORCE.—The term ‘‘Task Force’’

10 means the Coastal Louisiana Ecosystem Protection

11 and Restoration Task Force established by sub12 section (e).

13 (b) COMPREHENSIVE PLAN.—

14 (1) IN GENERAL.—The Secretary shall develop

15 a comprehensive plan for the purpose of protecting,

16 preserving, and restoring the Coastal Louisiana Eco17 system. The comprehensive plan shall provide for the

18 protection, conservation and restoration of the wet19 lands, barrier islands, shorelines, and related lands

20 and features that protect critical resources, habitat,

21 and infrastructure from the impacts of coastal

22 storms, hurricanes, erosion, and subsidence.

23 (2) DEADLINE.—Not later than July 1, 2004,

24 the Secretary shall transmit the plan to Congress.
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1 (3) CONTENTS.—The plan shall include a com2 prehensive report and a programmatic environmental

3 impact statement covering the proposed Federal ac4 tion set forth in the plan.

5 (4) ADDITIONAL STUDIES AND ANALYSES.—

6 After transmission of a report under this subsection,

7 the Secretary may conduct studies and analyses of

8 projects related to the comprehensive plan that are

9 appropriate and consistent with this subsection.

10 (c) INTEGRATION OF OTHER ACTIVITIES.—

11 (1) IN GENERAL.—In developing the plan under

12 subsection (b), the Secretary shall integrate ongoing

13 Federal and State projects and activities, including

14 projects implemented under the Coastal Wetlands

15 Planning, Protection and Restoration Act (16

16 U.S.C. 3951 et seq.), the Louisiana Coastal Wet17 lands Conservation Plan, the Louisiana Coastal

18 Zone Management Plan, and the plan of the State

19 of Louisiana entitled ‘‘Coast 2050: Toward a Sus20 tainable Coastal Louisiana’’.

21 (2) STATUTORY CONSTRUCTION.—

22 (A) EXISTING AUTHORITY.—Except as

23 otherwise expressly provided for in this section,

24 nothing in the section affects any authority in

25 effect on the date of enactment of this Act, or
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1 any requirement relating to the participation in

2 protection or restoration activities in the Coast3 al Louisiana Ecosystem, including projects and

4 activities specified in paragraph (1) of—

5 (i) the Department of the Army;

6 (ii) the Department of the Interior;

7 (iii) the Department of Commerce;

8 (iv) the Environmental Protection

9 Agency;

10 (v) the Department of Agriculture;

11 (vi) the Department of Transpor12 tation;

13 (vii) the Department of Energy; and

14 (viii) the State of Louisiana.

15 (B) NEW AUTHORITY.—Nothing in this

16 section confers any new regulatory authority on

17 any Federal or non-Federal entity that carries

18 out any activity authorized by this section.

19 (d) COST SHARING.—The non-Federal share of the

20 cost of developing the plan under subsection (b) shall be

21 50 percent.

22 (e) COASTAL LOUISIANA ECOSYSTEM PROTECTION

23 AND RESTORATION TASK FORCE.—

24 (1) ESTABLISHMENT AND MEMBERSHIP.—

25 There is established the Coastal Louisiana Eco-
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1 system Protection and Restoration Task Force,

2 which shall consist of the following members (or, in

3 the case of the head of a Federal Agency, a designee

4 at the level of Assistant Secretary or an equivalent

5 level):

6 (A) The Secretary.

7 (B) The Secretary of the Interior.

8 (C) The Secretary of Commerce.

9 (D) The Administrator of the Environ10 mental Protection Agency.

11 (E) The Secretary of Agriculture.

12 (F) The Secretary of Transportation.

13 (G) The Secretary of Energy.

14 (H) The Coastal Advisor to the Governor.

15 (I) The Secretary of the Louisiana Depart16 ment of Natural Resources.

17 (J) A representative of the Governor’s Ad18 visory Commission on Coastal Restoration and

19 Conservation, Louisiana.

20 (2) DUTIES OF TASK FORCE.—The Task

21 Force—

22 (A) shall consult with, and provide rec23 ommendations to, the Secretary during develop24 ment of the comprehensive plan under sub25 section (b)(1);
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1 (B) shall coordinate the development of

2 consistent policies, strategies, plans, programs,

3 projects, activities, and priorities for addressing

4 the protection, conservation, and restoration of

5 the Coastal Louisiana Ecosystem;

6 (C) shall exchange information regarding

7 programs, projects, and activities of the agen8 cies and entities represented on the Task Force

9 to promote ecosystem protection, restoration,

10 and maintenance;

11 (D) shall establish a regional working

12 group which shall include representatives of the

13 agencies and entities represented on the Task

14 Force as well as other governmental entities as

15 appropriate for the purpose of formulating, rec16 ommending, coordinating, and implementing

17 policies, strategies, plans, programs, projects,

18 activities, and priorities of the Task Force;

19 (E) may allow the working group described

20 in subparagraph (D) to—

21 (i) establish such advisory bodies as

22 are necessary to assist the Task Force in

23 its duties; and
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1 (ii) select as an advisory body any en2 tity that represents a broad variety of pri3 vate and public interests;

4 (F) shall facilitate the resolution of inter5 agency and intergovernmental conflicts associ6 ated with the protection, conservation, and res7 toration of the Coastal Louisiana Ecosystem;

8 (G) shall coordinate scientific research as9 sociated with the protection and restoration of

10 the Coastal Louisiana Ecosystem;

11 (H) shall provide assistance and support to

12 agencies and entities represented on the Task

13 Force in their protection and restoration activi14 ties;

15 (I) shall prepare an integrated financial

16 plan and recommendations for coordinated

17 budget requests for the funds proposed to be

18 expended by agencies and entities represented

19 on the Task Force for the protection, conserva20 tion, and restoration of the Coastal Louisiana

21 Ecosystem; and

22 (J) shall transmit to the Committee on

23 Transportation and Infrastructure of the House

24 of Representatives and the Committee on Envi25 ronment and Public Works of the Senate a re-
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1 port that summarizes the activities of the Task

2 Force.

3 (3) PROCEDURES AND ADVICE.—

4 (A) PUBLIC PARTICIPATION.—

5 (i) IN GENERAL.—The Task Force

6 shall implement procedures to facilitate

7 public participation in the advisory proc8 ess, including providing advance notice of

9 meetings, providing adequate opportunity

10 for public input and comment, maintaining

11 appropriate records, and making a record

12 of proceedings of meetings available for

13 public inspection.

14 (ii) OVERSIGHT.—The Secretary shall

15 ensure that the procedures described in

16 clause (i) are adopted and implemented

17 and that the records described in clause (i)

18 are accurately maintained and available for

19 public inspection.

20 (B) ADVISORS TO THE TASK FORCE AND

21 WORKING GROUPS.—The Task Force or the

22 working group described in paragraph (2)(D)

23 may seek such advice and input from any inter24 ested, knowledgeable, or affected party as the

25 Task Force or working group determines to be
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1 necessary to perform the duties described in

2 paragraph (2).

3 (C) APPLICATION OF THE FEDERAL ADVI4 SORY COMMITTEE ACT.—The Task Force, advi5 sors to the Task Force, and any associated

6 workgroups shall not be considered advisory

7 committees under the Federal Advisory Com8 mittee Act (5 U.S.C. App.).

9 (4) COMPENSATION.—A member of the Task

10 Force shall receive no additional compensation for

11 the services provided as a member of the Task

12 Force.

13 (5) TRAVEL EXPENSES.—Travel expenses in14 curred by a member of the Task Force in the per15 formance of services for the Task Force shall be

16 paid by the agency or entity that the member rep17 resents.

18 SEC. 5059. BATON ROUGE, LOUISIANA.

19 Section 219(f)(21) of the Water Resources Develop20 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220)

21 is amended by striking ‘‘$20,000,000’’ and inserting

22 ‘‘$35,000,000’’.

23 SEC. 5060. LAKE PONTCHARTRAIN, LOUISIANA.

24 For purposes of carrying out section 121 of the Fed25 eral Water Pollution Control Act (33 U.S.C. 1271), the
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1 Lake Pontchartrain, Louisiana, basin stakeholders con2 ference convened by the Environmental Protection Agen3 cy, the National Oceanic and Atmospheric Administration,

4 and United States Geological Survey on February 25,

5 2002, shall be treated as being a management conference

6 convened under section 320 of such Act (33 U.S.C. 1330).

7 SEC. 5061. WEST BATON ROUGE PARISH, LOUISIANA.

8 Section 517(5) of the Water Resources Development

9 Act of 1999 (113 Stat. 345) is amended to read as follows:

10 ‘‘(5) Mississippi River, West Baton Rouge Par11 ish, Louisiana, project for waterfront and riverine

12 preservation, restoration, enhancement modifica13 tions, and interpretive center development.’’.

14 SEC. 5062. CHESAPEAKE BAY SHORELINE, MARYLAND, VIR15 GINIA, PENNSYLVANIA, AND DELAWARE.

16 (a) IN GENERAL.—In carrying out comprehensive

17 study of the feasibility of a project to address shoreline

18 erosion and related sediment management measures to

19 protect water and land resources of the Chesapeake Bay,

20 the Secretary may carry out pilot projects to demonstrate

21 the feasibility of alternative measures to address sediment

22 loads to the Chesapeake Bay from sediment behind dams

23 on the lower Susquehanna River.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $5,000,000 to carry out this

3 section.

4 SEC. 5063. DELMARVA CONSERVATION CORRIDOR, MARY5 LAND.

6 (a) ASSISTANCE.—The Secretary may provide tech7 nical assistance to the Secretary of Agriculture in carrying

8 out the Conservation Corridor Demonstration Program

9 authorized under subtitle G of title II of Public Law 107–

10 171 (116 Stat. 275–278).

11 (b) COORDINATION AND INTEGRATION.—In carrying

12 out water resources projects in the State of Maryland on

13 land located on the east side of the Chesapeake Bay, the

14 Secretary shall coordinate and integrate, to the extent

15 practicable, such projects with any activities undertaken

16 to implement a conservation corridor plan approved by the

17 Secretary of Agriculture under section 2602 of Public Law

18 107–171 (116 Stat. 275–276).

19 SEC. 5064. DETROIT RIVER, MICHIGAN.

20 Section 568(c)(2) of the Water Resources Develop21 ment Act of 1999 (113 Stat. 368) is amended by striking

22 ‘‘$1,000,000’’ and inserting ‘‘$25,000,000’’.

23 SEC. 5065. OAKLAND COUNTY, MICHIGAN.

24 Section 219(f)(29) of the Water Resources Develop25 ment Act of 1992 (113 Stat. 336) is amended by inserting
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1 ‘‘sanitary sewer overflows and’’ before ‘‘combined sewer

2 overflows’’.

3 SEC. 5066. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI4 GAN.

5 The Secretary shall carry out feasible aquatic eco6 system restoration projects identified in the comprehensive

7 management plan for St. Clair River and Lake St. Clair,

8 Michigan, developed under section 426 of the Water Re9 sources Development Act of 1999 (113 Stat. 326), at a

10 total Federal cost of not to exceed $5,000,000.

11 SEC. 5067. CROOKSTON, MINNESOTA.

12 The Secretary shall conduct a study for a project for

13 emergency streambank protection in the vicinity of High14 way 2, Crookston, Minnesota, and, if the Secretary deter15 mines that the project is feasible, may carry out the

16 project under section 14 of the Flood Control Act of 1946

17 (33 U.S.C. 701r); except that the maximum amount of

18 Federal funds that may be expended for the project shall

19 be $6,500,000.

20 SEC. 5068. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.

21 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of

22 the Water Resources Development Act of 1992 (114 Stat.

23 2763A–221) is amended—
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1 (1) in the paragraph heading by striking

2 ‘‘TOWNSHIP’’ and inserting ‘‘AND CROW WING AND

3 MILLE LACS COUNTIES’’;

4 (2) by inserting ‘‘, Crow Wing County, Mille

5 Lacs County,’’ after ‘‘Garrison’’; and

6 (3) by adding at the end the following: ‘‘Such

7 assistance shall be provided directly to the Garrison8 Kathio-West Mille Lacs Lake Sanitary District,

9 Minnesota.’’.

10 (b) PROCEDURES.—In carrying out the project for

11 Garrison and Kathio Township, Minnesota, authorized by

12 such section 219(f)(61), the Secretary may use the cost

13 sharing and contracting procedures available to the Sec14 retary under section 569 of the Water Resources Develop15 ment Act of 1999 (113 Stat. 368).

16 SEC. 5069. NORTHEASTERN MINNESOTA.

17 (a) IN GENERAL.—Section 569 of the Water Re18 sources Development Act of 1999 (113 Stat. 368) is

19 amended—

20 (1) in subsection (a) by striking ‘‘Benton,

21 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard,

22 Wadena,’’;

23 (2) by striking the last sentence of subsection

24 (e)(3)(B);
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1 (3) by striking subsection (g) and inserting the

2 following:

3 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec4 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

5 1962d–5b(b)), for any project undertaken under this sec6 tion, a non-Federal interest may include a nonprofit enti7 ty.’’; and

8 (4) by adding at the end the following:

9 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent

10 of the amounts appropriated to carry out this section may

11 be used by the Corps of Engineers district offices to ad12 minister projects under this section at 100 percent Fed13 eral expense.’’.

14 (b) BIWABIK, MINNESOTA.—The Secretary shall re15 imburse the non-Federal interest for the project for envi16 ronmental infrastructure, Biwabik, Minnesota, carried out

17 under section 569 of the Water Resources Development

18 Act of 1999 (113 Stat. 368–369), for planning, design,

19 and construction costs that were incurred by the non-Fed20 eral interest with respect to the project before the date

21 of the partnership agreement for the project and that were

22 in excess of the non-Federal share of the cost of the

23 project if the Secretary determines that the costs are ap24 propriate.
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1 SEC. 5070. DESOTO COUNTY, MISSISSIPPI.

2 Section 219(f)(30) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220)

4 is amended by striking ‘‘$20,000,000’’ and inserting

5 ‘‘$30,000,000’’.

6 SEC. 5071. HARRISON, HANCOCK, AND JACKSON COUNTIES,

7 MISSISSIPPI.

8 In carrying out projects for the protection, restora9 tion, and creation of aquatic and ecologically related habi10 tats located in Harrison, Hancock, and Jackson Counties,

11 Mississippi, under section 204 of the Water Resources De12 velopment Act of 1992 (33 U.S.C. 2326), the Secretary

13 shall accept any portion of the non-Federal share of the

14 cost of the project in the form of services, materials, sup15 plies, and other in-kind contributions.

16 SEC. 5072. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS.

17 As a part of the operation and maintenance of the

18 project for the Mississippi River (Regulating Works), be19 tween the Ohio and Missouri Rivers, Missouri and Illinois,

20 authorized by the first section of an Act entitled ‘‘Making

21 appropriations for the construction, repair, and preserva22 tion of certain public works on rivers and harbors, and

23 for other purposes’’, approved June 25, 1910, the Sec24 retary may carry out activities necessary to restore and

25 protect fish and wildlife habitat in the middle Mississippi

26 River system. Such activities may include modification of
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1 navigation training structures, modification and creation

2 of side channels, modification and creation of islands, and

3 studies and analysis necessary to apply adaptive manage4 ment principles in design of future work.

5 SEC. 5073. ST. LOUIS, MISSOURI.

6 Section 219(f)(32) of the Water Resources Develop7 ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 337)

8 is amended by striking ‘‘$15,000,000’’ and inserting

9 ‘‘$35,000,000’’.

10 SEC. 5074. DELAWARE RIVER, TRENTON, NEW JERSEY.

11 The Secretary shall provide assistance to address

12 floating and partially submerged debris in that portion of

13 the Delaware River downstream from Trenton, New Jer14 sey.

15 SEC. 5075. HACKENSACK MEADOWLANDS AREA, NEW JER16 SEY.

17 Section 324 of the Water Resources Development Act

18 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘design’’ and inserting

21 ‘‘planning, design,’’; and

22 (B) by striking ‘‘Hackensack Meadowlands

23 Development’’ and all that follows through

24 ‘‘Plan for’’ and inserting ‘‘New Jersey
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1 Meadowlands Commission for the development

2 of an environmental improvement program for’’;

3 (2) in subsection (b)—

4 (A) in the subsection heading by striking

5 ‘‘REQUIRED’’;

6 (B) by striking ‘‘shall’’ and inserting

7 ‘‘may’’;

8 (C) by striking paragraph (1) and insert9 ing the following:

10 ‘‘(1) Restoration and acquisitions of significant

11 wetlands and aquatic habitat that contribute to the

12 Meadowlands ecosystem.’’;

13 (D) in paragraph (2) by inserting ‘‘and

14 aquatic habitat’’ before the period at the end;

15 and

16 (E) by striking paragraph (7) and insert17 ing the following:

18 ‘‘(7) Research, development, and implementa19 tion for a water quality improvement program, in20 cluding restoration of hydrology and tidal flows and

21 remediation of hot spots and other sources of con22 taminants that degrade existing or planned sites.’’;

23 (3) in subsection (c) by inserting before the last

24 sentence the following: ‘‘The non-Federal sponsor

25 may also provide in-kind services, not to exceed 25
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1 percent of the total project cost, and may also re2 ceive credit for reasonable cost of design work com3 pleted prior to entering into the partnership agree4 ment with the Secretary for a project to be carried

5 out under the program developed under subsection

6 (a).’’; and

7 (4) in subsection (d) by striking ‘‘$5,000,000’’

8 and inserting ‘‘$35,000,000’’.

9 SEC. 5076. ATLANTIC COAST OF NEW YORK.

10 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of

11 the Water Resources Development Act of 1992 (106 Stat.

12 4863) is amended—

13 (1) by striking ‘‘processes’’ and inserting ‘‘and

14 related environmental processes’’;

15 (2) by inserting after ‘‘Atlantic Coast’’ the fol16 lowing: ‘‘(and associated back bays)’’;

17 (3) by inserting after ‘‘actions’’ the following: ‘‘,

18 environmental restoration or conservation measures

19 for coastal and back bays,’’; and

20 (4) by inserting at the end the following: ‘‘The

21 plan for collecting data and monitoring information

22 included in such annual report shall be fully coordi23 nated with and agreed to by appropriate agencies of

24 the State of New York.’’.
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1 (b) ANNUAL REPORTS.—Section 404(b) of such Act

2 is amended—

3 (1) by striking ‘‘INITIAL PLAN.—Not later than

4 12 months after the date of the enactment of this

5 Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’;

6 (2) by striking ‘‘initial plan for data collection

7 and monitoring’’ and inserting ‘‘annual report of

8 data collection and monitoring activities’’; and

9 (3) by striking the last sentence.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

11 404(c) of such Act (113 Stat. 341) is amended by striking

12 ‘‘and an additional total of $2,500,000 for fiscal years

13 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years

14 2000 through 2002, and $17,000,000 for fiscal years be15 ginning after September 30, 2002,’’.

16 SEC. 5077. COLLEGE POINT, NEW YORK CITY, NEW YORK.

17 In carrying out section 312 of the Water Resources

18 Development Act of 1990 (104 Stat. 4639–4640), the Sec19 retary shall give priority to work in College Point, New

20 York City, New York.

21 SEC. 5078. FLUSHING BAY AND CREEK, NEW YORK CITY,

22 NEW YORK.

23 The Secretary shall credit toward the non-Federal

24 share of the cost of the project for ecosystem restoration,

25 Flushing Bay and Creek, New York City, New York, the
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1 cost of design and construction work carried out by the

2 non-Federal interest before the date of the partnership

3 agreement for the project if the Secretary determines that

4 the work is integral to the project.

5 SEC. 5079. GATEWAY POINT, NORTH TONAWANDA, NEW

6 YORK.

7 The Secretary shall review the shoreline stabilization,

8 recreation, and public access components of the feasibility

9 report for waterfront development at Gateway Point,

10 North Tonawanda, New York, entitled ‘‘City of North

11 Tonawanda, Gateway Point Feasibility’’, dated February

12 6, 2003, and prepared by the non-Federal interest and,

13 if the Secretary determines that those components meet

14 the evaluation and design standards of the Corps of Engi15 neers and that the components are feasible, may carry out

16 the components at a Federal cost not to exceed

17 $3,300,000.

18 SEC. 5080. LITTLE NECK BAY, VILLAGE OF KINGS POINT,

19 NEW YORK.

20 (a) IN GENERAL.—The Secretary may carry out a

21 navigation project at Little Neck Bay (Hague Basin), Vil22 lage of Kings Point, New York, sufficient to permit the

23 safe operation of the vessel T/V Kings Pointer at all tide

24 levels.
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1 (b) REIMBURSEMENT.—The Secretary shall seek re2 imbursement from the United States Merchant Marine

3 Academy for the cost of the project carried out under this

4 section.

5 SEC. 5081. ONONDAGA LAKE, NEW YORK.

6 Section 573 of the Water Resources Development Act

7 of 1999 (113 Stat. 372–373) is amended—

8 (1) in subsection (f) by striking ‘‘$10,000,000’’

9 and inserting ‘‘$30,000,000’’;

10 (2) by redesignating subsections (f) and (g) as

11 subsections (g) and (h), respectively; and

12 (3) by inserting after subsection (e) the fol13 lowing:

14 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec15 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

16 1962d–5b(b)), for any project carried out under this sec17 tion, a non-Federal sponsor may include a nonprofit enti18 ty, with the consent of the affected local government.’’.

19 SEC. 5082. TIMES BEACH DIKE, BUFFALO, NEW YORK.

20 As part of operation and maintenance of the Buffalo

21 Harbor and Buffalo River navigation projects, the Sec22 retary may repair the Times Beach confined disposal facil23 ity dike, Buffalo, New York.
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1 SEC. 5083. JOHN H. KERR DAM AND RESERVOIR, NORTH

2 CAROLINA.

3 The Secretary shall expedite the completion of the

4 calculations necessary to negotiate and execute a revised,

5 permanent contract for water supply storage at John H.

6 Kerr Dam and Reservoir, North Carolina, among the Sec7 retary and the Kerr Lake Regional Water System and the

8 city of Henderson, North Carolina.

9 SEC. 5084. STANLY COUNTY, NORTH CAROLINA.

10 Section 219(f)(64) of the Water Resources Develop11 ment Act of 1992 (114 Stat. 2763A–221) is amended by

12 inserting ‘‘water and’’ before ‘‘wastewater’’.

13 SEC. 5085. CENTRAL RIVERFRONT PARK, CINCINNATI,

14 OHIO.

15 If the Secretary is authorized to carry out a down16 town waterfront development project for the Central

17 Riverfront Park, Cincinnati, Ohio, the Secretary shall

18 credit toward the non-Federal share of the cost of the

19 project the cost of—

20 (1) design and construction work undertaken by

21 the non-Federal interest before entering into a part22 nership agreement for the project with the Secretary

23 if the Secretary determines that the work is integral

24 to the project; and

25 (2) land, easements, rights-of-way, and reloca26 tions provided by the non-Federal interest.
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1 SEC. 5086. PIEDMONT LAKE DAM, OHIO.

2 In reconstructing the road on the Piedmont Lake

3 Dam as part of the project for dam safety assurance, Pied4 mont Lake Dam, Ohio, being carried out under section

5 4 of the Flood Control Act of August 11, 1939 (53 Stat.

6 1414–1415), the Secretary shall upgrade the condition of

7 the road to meet standards applicable to public use roads

8 in the State of Ohio. The incremental cost of upgrading

9 the road to meet such standards shall be a non-Federal

10 expense.

11 SEC. 5087. OHIO.

12 Section 594(g) of the Water Resources Development

13 Act of 1999 (113 Stat. 383) is amended by striking

14 ‘‘$60,000,000’’ and inserting ‘‘$90,000,000’’.

15 SEC. 5088. WAURIKA LAKE, OKLAHOMA.

16 The remaining obligation of the Waurika Project

17 Master Conservancy District payable to the United States

18 Government in the amounts, rates of interest, and pay19 ment schedules is set at the amounts, rates of interest,

20 and payment schedules that existed, and that both parties

21 agreed to, on June 3, 1986, and may not be adjusted,

22 altered, or changed without a specific, separate, and writ23 ten agreement between the District and the United States

24 Government.
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1 SEC. 5089. COLUMBIA RIVER, OREGON.

2 Section 401(b)(3) of Public Law 100–581 (102 Stat.

3 2944), is amended by inserting ‘‘and Celilo Village, Or4 egon’’ after ‘‘existing sites’’.

5 SEC. 5090. EUGENE, OREGON.

6 (a) IN GENERAL.—The Secretary shall conduct a

7 study to determine the feasibility of restoring the millrace

8 in Eugene, Oregon, and, if the Secretary determines that

9 the restoration is feasible, shall carry out the restoration.

10 (b) CONSIDERATION OF NONECONOMIC BENEFITS.—

11 In determining the feasibility of restoring the millrace, the

12 Secretary shall include noneconomic benefits associated

13 with the historical significance of the millrace and associ14 ated with preservation and enhancement of resources.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $20,000,000.

18 SEC. 5091. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR19 EGON AND WASHINGTON.

20 (a) IN GENERAL.—The Secretary shall pay up to

21 $2,500,000 to the provider of research and curation sup22 port previously provided to the Federal Government as a

23 result of the multipurpose project, John Day Lock and

24 Dam, Lake Umatilla, Oregon and Washington, authorized

25 by section 101 of the River and Harbor Act of 1950 (64

26 Stat. 167), and the several navigation and flood damage
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1 reduction projects constructed on the Columbia River and

2 Lower Willamette River, Oregon and Washington.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $2,500,000.

6 SEC. 5092. LOWELL, OREGON.

7 (a) IN GENERAL.—The Secretary may convey with8 out consideration to Lowell School District, by quitclaim

9 deed, all right, title and interest of the United States in

10 and to approximately 3.32 acres of land and buildings

11 thereon, known as Tract A–82, located in Lowell, Oregon,

12 and described in subsection (b).

13 (b) DESCRIPTION OF PROPERTY.—The parcel of land

14 authorized to be conveyed under subsection (a) is as fol15 lows: Commencing at the point of intersection of the west

16 line of Pioneer Street with the westerly extension of the

17 north line of Summit Street, in Meadows Addition to Low18 ell, as platted and recorded at page 56 of Volume 4, Lane

19 County Oregon Plat Records; thence north on the west

20 line of Pioneer Street a distance of 176.0 feet to the true

21 point of beginning of this description; thence north on the

22 west line of Pioneer Street a distance of 170.0 feet; thence

23 west at right angles to the west line of Pioneer Street a

24 distance of 250.0 feet; thence south and parallel to the

25 west line of Pioneer Street a distance of 170.0 feet; thence
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1 east 250.0 feet to the true point of beginning of this de2 scription in Section 14, Township 19 South, Range 1 West

3 of the Willamette Meridian, Lane County, Oregon.

4 (c) TERMS AND CONDITIONS.—Before conveying the

5 parcel to the school district, the Secretary shall ensure

6 that the conditions of buildings and facilities meet the re7 quirements of applicable Federal law.

8 (d) GENERALLY APPLICABLE PROVISIONS.—

9 (1) APPLICABILITY OF PROPERTY SCREENING

10 PROVISIONS.—Section 2696 of title 10, United

11 States Code, shall not apply to any conveyance

12 under this section.

13 (2) LIABILITY.—An entity to which a convey14 ance is made under this section shall hold the

15 United States harmless from any liability with re16 spect to activities carried out, on or after the date

17 of the conveyance, on the real property conveyed.

18 The United States shall remain responsible for any

19 liability with respect to activities carried out, before

20 such date, on the real property conveyed.

21 SEC. 5093. HAGERMAN’S RUN, WILLIAMSPORT, PENNSYL22 VANIA.

23 The Secretary may rehabilitate the pumps at the

24 project for flood damage reduction, Hagerman’s Run, Wil-
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1 liamsport, Pennsylvania, at a total Federal cost of

2 $225,000.

3 SEC. 5094. NORTHEAST PENNSYLVANIA.

4 Section 219(f)(11) of the Water Resources Develop5 ment Act of 1992 (113 Stat. 335) is amended by striking

6 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union,

7 Snyder, and Montour’’.

8 SEC. 5095. SUSQUEHANNOCK CAMPGROUND ACCESS ROAD,

9 RAYSTOWN LAKE, PENNSYLVANIA.

10 (a) IMPROVEMENT OF ACCESS ROAD.—The Sec11 retary may make improvements to the Susquehannock

12 Campground access road at Raystown Lake, Pennsyl13 vania.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section

16 $500,000.

17 SEC. 5096. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL18 VANIA AND NEW YORK.

19 Section 567 of the Water Resources Development Act

20 of 1996 (110 Stat. 3787–3788; 114 Stat. 2662–2663) is

21 amended—

22 (1) in subsection (a)(2) by striking

23 ‘‘$10,000,000.’’ and inserting the following:

24 ‘‘$20,000,000, of which the Secretary may utilize

25 not more than $5,000,000 to design and construct
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1 feasible pilot projects during the development of the

2 strategy to demonstrate alternative approaches for

3 the strategy. The total cost for any single pilot

4 project may not exceed $500,000. The Secretary

5 shall evaluate the results of the pilot projects and

6 consider the results in the development of the strat7 egy.’’;

8 (2) in subsection (c)—

9 (A) in the subsection heading by striking

10 ‘‘COOPERATION’’ and inserting ‘‘COOPERA11 TIVE’’; and

12 (B) by striking ‘‘cooperation’’ and insert13 ing ‘‘cooperative’’; and

14 (3) by adding at the end the following:

15 ‘‘(e) CREDIT.—The Secretary shall credit toward the

16 non-Federal share of the cost of the project (i) the cost

17 of design and construction work carried out by the non18 Federal interest before the date of the partnership agree19 ment for the project if the Secretary determines that the

20 work is integral to the project; and (ii) the cost of in-kind

21 services and materials provided for the project by the non22 Federal interest.’’.
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1 SEC. 5097. WASHINGTON, GREENE, WESTMORELAND, AND

2 FAYETTE COUNTIES, PENNSYLVANIA.

3 Section 219(f)(70) of the Water Resources Develop4 ment Act of 1992 (114 Stat. 2763A–221) is amended by

5 striking ‘‘$8,000,000’’ and inserting ‘‘$13,300,000’’.

6 SEC. 5098. CANO MARTIN PENA, SAN JUAN, PUERTO RICO.

7 The Secretary shall review a report prepared by the

8 non-Federal interest concerning flood protection and envi9 ronmental restoration for Cano Martin Pena, San Juan,

10 Puerto Rico, and, if the Secretary determines that the re11 port meets the evaluation and design standards of the

12 Corps of Engineers and that the project is feasible, may

13 carry out the project, at a total cost of $130,000,000, with

14 an estimated Federal cost of $85,000,000 and an esti15 mated non-Federal cost of $45,000,000.

16 SEC. 5099. BEAUFORT AND JASPER COUNTIES, SOUTH

17 CAROLINA.

18 The Secretary may accept from the Department of

19 the Navy, and may use, not to exceed $23,000,000 to as20 sist the Beaufort Jasper Water and Sewage Authority,

21 South Carolina, with its plan to consolidate civilian and

22 military wastewater treatment facilities.

23 SEC. 5100. COOPER RIVER, SOUTH CAROLINA.

24 (a) IN GENERAL.—The Secretary is authorized to

25 provide technical and financial assistance for the removal
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1 of the Grace and Pearman Bridges over the Cooper River,

2 South Carolina.

3 (b) AUTHORIZATION OF APPROPRIATION.—There is

4 authorized to be appropriated $5,000,000 to carry out this

5 section.

6 SEC. 5101. LAKES MARION AND MOULTRIE, SOUTH CARO7 LINA.

8 Section 219(f)(25) of the Water Resources Develop9 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220)

10 is amended—

11 (1) by striking ‘‘$15,000,000’’ and inserting

12 ‘‘$35,000,000’’; and

13 (2) by inserting ‘‘wastewater treatment and’’

14 before ‘‘water supply’’.

15 SEC. 5102. UPPER BIG SIOUX RIVER, WATERTOWN, SOUTH

16 DAKOTA.

17 (a) IN GENERAL.—The Secretary shall review the

18 project for flood damage reduction, Upper Big Sioux River

19 basin, Watertown, South Dakota, as described in the re20 port of the Chief of Engineers, dated August 31, 1994,

21 and entitled ‘‘Watertown and Vicinity, South Dakota’’

22 and, if the Secretary determines that the project is fea23 sible, may carry out the project, at a total cost of

24 $25,000,000.

25 (b) NON-FEDERAL SHARE.—
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1 (1) IN GENERAL.—The non-Federal share of

2 the cost of the review may be provided in the form

3 of in-kind services and materials.

4 (2) CREDIT.—The Secretary shall credit toward

5 the non-Federal share of the cost of the review the

6 cost of planning and design work carried out by the

7 non-Federal interest before the date of an agreement

8 for the review if the Secretary determines that such

9 work is integral to the review.

10 SEC. 5103. FRITZ LANDING, TENNESSEE.

11 The Secretary shall—

12 (1) conduct a study of the Fritz Landing Agri13 cultural Spur Levee, Tennessee, to determine the ex14 tent of levee modifications that would be required to

15 make the levee and associated drainage structures

16 consistent with Federal standards;

17 (2) design and construct such modifications;

18 and

19 (3) after completion of such modifications, in20 corporate the levee into the project for flood control,

21 Mississippi River and Tributaries, authorized by the

22 Act entitled ‘‘An Act for the control of floods on the

23 Mississippi River and its tributaries, and for other

24 purposes’’, approved May 15, 1928 (45 Stat. 534–
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1 539), commonly known as the ‘‘Flood Control Act of

2 1928’’.

3 SEC. 5104. J. PERCY PRIEST DAM AND RESERVOIR, OHIO

4 RIVER BASIN, TENNESSEE.

5 The Secretary shall plan, design and construct up6 grades to the existing trail system at the J. Percy Priest

7 Dam and Reservoir, Ohio River Basin, Tennessee, author8 ized by section 4 of the Act entitled ‘‘An Act authorizing

9 the construction of certain public works on rivers and har10 bors for flood control, and for other purposes’’, approved

11 June 28, 1938 (52 Stat. 1217), including design and con12 struction of support facilities for public health and safety

13 associated with trail development. In carrying out such im14 provements, the Secretary is authorized to use funds made

15 available by the State of Tennessee from any Federal or

16 State source, or both.

17 SEC. 5105. MEMPHIS, TENNESSEE.

18 The Secretary shall review the aquatic ecosystem res19 toration component of the Memphis Riverfront Develop20 ment Master Plan, Memphis, Tennessee, prepared by the

21 non-Federal interest and, if the Secretary determines that

22 the component meets the evaluation and design standards

23 of the Corps of Engineers and that the component is fea24 sible, may carry out the component at a total Federal cost

25 not to exceed $5,000,000.
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1 SEC. 5106. TOWN CREEK, LENOIR CITY, TENNESSEE.

2 The Secretary shall design and construct the project

3 for flood damage reduction designated as Alternative 4 in

4 the Town Creek, Lenoir City, Loudon City, Tennessee,

5 feasibility report of the Nashville district engineer, dated

6 November 2000, under the authority of section 205 of the

7 Flood Control Act of 1948 (33 U.S.C. 701s), notwith8 standing section 1 of the Flood Control Act of June 22,

9 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal

10 share of the cost of the project shall be subject to section

11 103(a) of the Water Resources Development Act of 1986

12 (33 U.S.C. 2213(a)).

13 SEC. 5107. EAST TENNESSEE.

14 (a) DEFINITION OF EAST TENNESSEE.—In this sec15 tion, the term ‘‘East Tennessee’’ means the counties of

16 Blount, Knox, Loudon, McMinn, Monroe, and Sevier, Ten17 nessee.

18 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

19 may establish a program to provide environmental assist20 ance to non-Federal interests in East Tennessee.

21 (c) FORM OF ASSISTANCE.—Assistance under this

22 section may be in the form of design and construction as23 sistance for water-related environmental infrastructure

24 and resource protection and development projects in East

25 Tennessee, including projects for wastewater treatment
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1 and related facilities, water supply and related facilities,

2 and surface water resource protection and development.

3 (d) OWNERSHIP REQUIREMENT.—The Secretary may

4 provide assistance for a project under this section only if

5 the project is publicly owned.

6 (e) PARTNERSHIP AGREEMENTS.—

7 (1) IN GENERAL.—Before providing assistance

8 under this section, the Secretary shall enter into a

9 partnership agreement with a non-Federal interest

10 to provide for design and construction of the project

11 to be carried out with the assistance.

12 (2) REQUIREMENTS.—Each partnership agree13 ment entered into under this subsection shall provide

14 for the following:

15 (A) PLAN.—Development by the Secretary,

16 in consultation with appropriate Federal and

17 State officials, of a facilities or resource protec18 tion and development plan, including appro19 priate engineering plans and specifications.

20 (B) LEGAL AND INSTITUTIONAL STRUC21 TURES.—Establishment of such legal and insti22 tutional structures as are necessary to ensure

23 the effective long-term operation of the project

24 by the non-Federal interest.

25 (3) COST SHARING.—
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1 (A) IN GENERAL.—The Federal share of

2 the project costs under each partnership agree3 ment entered into under this subsection shall be

4 75 percent. The Federal share may be in the

5 form of grants or reimbursements of project

6 costs.

7 (B) CREDIT FOR WORK.—The non-Federal

8 interests shall receive credit for the reasonable

9 cost of design work on a project completed by

10 the non-Federal interest before entering into a

11 partnership agreement with the Secretary for

12 such project.

13 (C) CREDIT FOR INTEREST.—In case of a

14 delay in the funding of the non-Federal share

15 of a project that is the subject of an agreement

16 under this section, the non-Federal interest

17 shall receive credit for reasonable interest in18 curred in providing the non-Federal share of

19 the project’s costs.

20 (D) LAND, EASEMENTS, AND RIGHTS-OF21 WAY CREDIT.—The non-Federal interest shall

22 receive credit for land, easements, rights-of23 way, and relocations toward the non-Federal

24 share of project costs (including all reasonable

25 costs associated with obtaining permits nec-
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1 essary for the construction, operation, and

2 maintenance of the project on publicly owned or

3 controlled land), but not to exceed 25 percent

4 of total project costs.

5 (E) OPERATION AND MAINTENANCE.—The

6 non-Federal share of operation and mainte7 nance costs for projects constructed with assist8 ance provided under this section shall be 100

9 percent.

10 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

11 LAWS.—Nothing in this section waives, limits, or other12 wise affects the applicability of any provision of Federal

13 or State law that would otherwise apply to a project to

14 be carried out with assistance provided under this section.

15 (g) NONPROFIT ENTITIES.—Notwithstanding section

16 221(b) of the Flood Control Act of 1970 (42 U.S.C.

17 1962d–5b(b), for any project undertaken under this sec18 tion, a non-Federal interest may include a nonprofit entity

19 with the consent of the affected local government.

20 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent

21 of the amounts appropriated to carry out this section may

22 be used by the Corps of Engineers district offices to ad23 minister projects under this section at 100 percent Fed24 eral expense.
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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $40,000,000. Such sums shall remain available until ex4 pended.

5 SEC. 5108. TENNESSEE RIVER PARTNERSHIP.

6 (a) IN GENERAL.—As part of the operation and

7 maintenance of the project for navigation, Tennessee

8 River, Tennessee, Alabama, Mississippi, and Kentucky,

9 authorized by the first section of the Rivers and Harbors

10 Act of July 3, 1930 (46 Stat. 927), the Secretary may

11 enter into a partnership with a nonprofit entity to remove

12 debris from the Tennessee River in the vicinity of Knox13 ville, Tennessee, by providing a vessel to such entity, at

14 Federal expense, for such debris removal purposes.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $500,000.

18 SEC. 5109. CLEAR CREEK AND TRIBUTARIES, HARRIS, GAL19 VESTON, AND BRAZORIA COUNTIES, TEXAS.

20 The Secretary shall expedite completion of the report

21 for the project for flood damage reduction, ecosystem res22 toration, and recreation, Clear Creek and tributaries, Har23 ris, Galveston, and Brazoria Counties, Texas.
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1 SEC. 5110. HARRIS COUNTY, TEXAS.

2 Section 575(a) of the Water Resources Development

3 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amended

4 by inserting before the period at the end the following:

5 ‘‘, whether or not such works or actions are partially fund6 ed under the hazard mitigation grant program of the Fed7 eral Emergency Management Agency’’.

8 SEC. 5111. HARRIS GULLY, HARRIS COUNTY, TEXAS.

9 (a) STUDY.—

10 (1) IN GENERAL.—The Secretary shall conduct

11 a study to determine the feasibility of carrying out

12 a project for flood damage reduction in the Harris

13 Gully watershed, Harris County, Texas, to provide

14 flood protection for the Texas Medical Center, Hous15 ton, Texas.

16 (2) USE OF LOCAL STUDIES AND PLANS.—In

17 conducting the study, the Secretary shall use, to the

18 extent practicable, studies and plans developed by

19 the non-Federal interest if the Secretary determines

20 that such studies and plans meet the evaluation and

21 design standards of the Corps of Engineers.

22 (3) COMPLETION DATE.—The Secretary shall

23 complete the study by July 1, 2004.

24 (b) CRITICAL FLOOD DAMAGE REDUCTION MEAS25 URES.—The Secretary may carry out critical flood damage

26 reduction measures that the Secretary determines are fea-
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1 sible and that will provide immediate and substantial flood

2 damage reduction benefits in the Harris Gully watershed,

3 at a Federal cost of $7,000,000.

4 (c) CREDIT.—The Secretary shall credit toward the

5 non-Federal share of the cost of the project the cost of

6 planning, design, and construction work carried out by the

7 non-Federal interest before the date of the partnership

8 agreement for the project if the Secretary determines that

9 such work is integral to the project.

10 (d) NONPROFIT ENTITY.—Notwithstanding section

11 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

12 5b), a nonprofit entity may, with the consent of the local

13 government, serve as a non-Federal interest for the project

14 undertaken under this section.

15 SEC. 5112. ONION CREEK, TEXAS.

16 In carrying out the study for the project for flood

17 damage, reduction, recreation, and ecosystem restoration,

18 Onion Creek, Texas, the Secretary shall include the costs

19 and benefits associated with the relocation of flood-prone

20 residences in the study area for the project during the 2-

21 year period before the initiation of the feasibility study to

22 the extent the Secretary determines such relocations are

23 compatible with the project. The Secretary shall credit to24 ward the non-Federal share of the cost of the project the

25 cost of relocation of such flood-prone residences incurred
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1 by the non-Federal interest before the date of the partner2 ship agreement for the project if the Secretary determines

3 that the relocation of such residences is integral to the

4 project.

5 SEC. 5113. PELICAN ISLAND, TEXAS.

6 (a) IN GENERAL.—Section 108(a) of the Energy and

7 Water Development Appropriations Act, 1994 (33 U.S.C.

8 59hh(a)) is amended—

9 (1) by striking ‘‘The Secretary’’ and inserting

10 the following:

11 ‘‘(1) AUTHORITY TO CONVEY.—The Secretary’’;

12 (2) by adding at the end the following:

13 ‘‘(2) LETTER OF INTENT.—

14 ‘‘(A) IN GENERAL.—The Secretary may

15 provide a letter of intent to the city of Gal16 veston for conveyance of less than 100 acres of

17 the parcel described in subsection (a) for pri18 vate development purposes if the Secretary re19 ceives and approves a proposal by the city des20 ignating the land which would be subject to

21 such development.

22 ‘‘(B) DISPOSITION OF SPOIL.—If the Sec23 retary issues a letter of intent under subpara24 graph (A), no additional spoil material may be

25 placed on the land designated for private devel-
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1 opment for a period of at least 5 years from the

2 date of issuance of the letter to provide the city

3 of Galveston with an opportunity to secure pri4 vate developers, perform appraisals, conduct en5 vironmental studies, and provide the compensa6 tion to the United States required for the con7 veyance.’’; and

8 (3) by aligning the remainder of the text of

9 paragraph (1) (as designated by paragraph (1) of

10 this subsection) with paragraph (2) (as added by

11 paragraph (2) of this subsection).

12 (b) EXPIRATION DATE.—Section 108(e)(3) of such

13 Act (33 U.S.C. 59hh(e)(3)) is amended by striking ‘‘date

14 of the enactment of this Act’’ and inserting ‘‘date of enact15 ment of the Water Resources Development Act of 2003’’.

16 SEC. 5114. FRONT ROYAL, VIRGINIA.

17 Section 591(a)(2) of the Water Resources Develop18 ment Act of 1999 (113 Stat. 378) is amended by striking

19 ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’.

20 SEC. 5115. RICHMOND NATIONAL BATTLEFIELD PARK,

21 RICHMOND, VIRGINIA.

22 (a) IN GENERAL.—The Secretary is authorized to

23 carry out bluff stabilization measures on the James River

24 in the vicinity of Drewry’s Bluff, Richmond National Bat25 tlefield Park, Richmond, Virginia.
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1 (b) REIMBURSEMENT.—The Secretary shall seek re2 imbursement from the Secretary of the Interior of any

3 costs incurred by the Secretary in carrying out subsection

4 (a).

5 SEC. 5116. BAKER BAY AND ILWACO HARBOR, WASH6 INGTON.

7 The Secretary shall conduct a study of increased sil8 tation in Baker Bay and Ilwaco Harbor, Washington, to

9 determine if the siltation is the result of a Federal naviga10 tion project (including diverted flows from the Columbia

11 River) and, if the Secretary determines that the siltation

12 is the result of a Federal navigation project, the Secretary

13 shall carry out a project to mitigate the siltation as part

14 of maintenance of the Federal navigation project.

15 SEC. 5117. CHEHALIS RIVER, CENTRALIA, WASHINGTON.

16 The Secretary shall credit toward the non-Federal

17 share of the cost of the project for flood damage reduction,

18 Chehalis River, Centralia, Washington, the cost of plan19 ning, design, and construction work carried out by the

20 non-Federal interest before the date of the partnership

21 agreement for the project if the Secretary determines that

22 the work is integral to the project.
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1 SEC. 5118. HAMILTON ISLAND CAMPGROUND, WASH2 INGTON.

3 The Secretary is authorized to plan, design, and con4 struct a campground for Bonneville Lock and Dam at

5 Hamilton Island (also know as ‘‘Strawberry Island’’) in

6 Skamania County, Washington.

7 SEC. 5119. PUGET ISLAND, WASHINGTON.

8 The Secretary is directed to place dredged and other

9 suitable material along portions of the Columbia River

10 shoreline of Puget Island, Washington, between river miles

11 38 to 47 in order to protect economic and environmental

12 resources in the area from further erosion, at a Federal

13 cost of $1,000,000. This action shall be coordinated with

14 appropriate resource agencies and comply with applicable

15 Federal laws.

16 SEC. 5120. BLUESTONE, WEST VIRGINIA.

17 Section 547 of the Water Resources Development Act

18 of 2000 (114 Stat. 2676–2678) is amended—

19 (1) in subsection (b)(1)(A) by striking ‘‘4

20 years’’ and inserting ‘‘5 years’’;

21 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if

22 all’’ and all that follows through ‘‘facility’’ and in23 serting ‘‘assurance project’’;

24 (3) in subsection (b)(1)(C) by striking ‘‘and

25 construction’’ and inserting ‘‘, construction, and op26 eration and maintenance’’;
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1 (4) by adding at the end of subsection (b) the

2 following:

3 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri4 Cities Power Authority shall be the owner and oper5 ator of the hydropower facilities referred to in sub6 section (a).’’;

7 (5) in subsection (c)(1)—

8 (A) by striking ‘‘No’’ and inserting ‘‘Un9 less otherwise provided, no’’;

10 (B) by inserting ‘‘planning,’’ before ‘‘de11 sign’’; and

12 (C) by striking ‘‘prior to’’ and all that fol13 lows through ‘‘subsection (d)’’;

14 (6) in subsection (c)(2) by striking ‘‘design’’

15 and inserting ‘‘planning, design,’’;

16 (7) in subsection (d)—

17 (A) by striking paragraphs (1) and (2) and

18 inserting the following:

19 ‘‘(1) APPROVAL.—The Secretary shall review

20 the design and construction activities for all features

21 of the hydroelectric project that pertain to and affect

22 stability of the dam and control the release of water

23 from Bluestone Dam to ensure that the quality of

24 construction of those features meets all standards
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1 established for similar facilities constructed by the

2 Secretary.’’;

3 (B) by redesignating paragraph (3) as

4 paragraph (2);

5 (C) by striking the period at the end of

6 paragraph (2) (as so redesignated) and insert7 ing ‘‘, except that hydroelectric power is no

8 longer a project purpose of the facility. Water

9 flow releases from the hydropower facilities

10 shall be determined and directed by the Corps

11 of Engineers.’’; and

12 (D) by adding at the end the following:

13 ‘‘(3) COORDINATION.—Construction of the hy14 droelectric generating facilities shall be coordinated

15 with the dam safety assurance project currently in

16 the design and construction phases.’’;

17 (8) in subsection (e) by striking ‘‘in accord18 ance’’ and all that follows through ‘‘58 Stat. 890)’’;

19 (9) in subsection (f)—

20 (A) by striking ‘‘facility of the inter21 connected systems of reservoirs operated by the

22 Secretary’’ each place it appears and inserting

23 ‘‘facilities under construction under such agree24 ments’’; and
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1 (B) by striking ‘‘design’’ and inserting

2 ‘‘planning, design’’;

3 (10) in subsection (f)(2)—

4 (A) by ‘‘Secretary’’ each place it appears

5 and inserting ‘‘Tri-Cities Power Authority’’;

6 and

7 (B) by striking ‘‘facilities referred to in

8 subsection (a)’’ and inserting ‘‘such facilities’’;

9 (11) by striking paragraph (1) of subsection (g)

10 and inserting the following:

11 ‘‘(1) to arrange for the transmission of power

12 to the market or to construct such transmission fa13 cilities as necessary to market the power produced at

14 the facilities referred to in subsection (a) with funds

15 contributed by the Tri-Cities Power Authority; and’’;

16 (12) in subsection (g)(2) by striking ‘‘such fa17 cilities’’ and all that follows through ‘‘the Secretary’’

18 and inserting ‘‘the generating facility’’; and

19 (13) by adding at the end the following:

20 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In

21 this section, the ‘Tri-Cities Power Authority’ refers to the

22 entity established by the City of Hinton, West Virginia,

23 the City of White Sulphur Springs, West Virginia, and the

24 City of Philippi, West Virginia, pursuant to a document

25 entitled ‘Second Amended and Restated Intergovern-
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1 mental Agreement’ approved by the Attorney General of

2 West Virginia on February 14, 2002.’’.

3 SEC. 5121. WEST VIRGINIA AND PENNSYLVANIA FLOOD

4 CONTROL.

5 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR6 GINIA.—Section 581(a)(1) of the Water Resources Devel7 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is

8 amended—

9 (1) by striking ‘‘flood control measures’’ and in10 serting ‘‘structural and nonstructural flood control,

11 streambank protection, stormwater management,

12 and channel clearing and modification measures’’;

13 and

14 (2) by inserting ‘‘with respect to measures that

15 incorporate levees or floodwalls’’ before the semi16 colon.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

18 581(c) of the Water Resources Development Act of 1996

19 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’

20 and inserting ‘‘$90,000,000’’.

21 SEC. 5122. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA.

22 The Secretary shall conduct a watershed and river

23 basin assessment under section 729 of the Water Re24 sources Development Act of 1986 (33 U.S.C. 2267a) for

25 the Lower Kanawha River Basin, in the counties of
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1 Mason, Putnam, Kanawha, Jackson, and Roane, West

2 Virginia.

3 SEC. 5123. CENTRAL WEST VIRGINIA.

4 Section 571 of the Water Resources Development Act

5 of 1999 (113 Stat. 371) is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘Nicholas,’’; and

8 (B) by striking ‘‘Gilmer,’’; and

9 (2) by adding at the end the following:

10 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec11 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

12 1962d–5b(b)), for any project undertaken under this sec13 tion, a non-Federal interest may include a nonprofit entity

14 with the consent of the affected local government.

15 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent

16 of the amounts appropriated to carry out this section may

17 be used by the Corps of Engineers district offices to ad18 minister projects under this section at 100 percent Fed19 eral expense.’’.

20 SEC. 5124. SOUTHERN WEST VIRGINIA.

21 (a) CORPS OF ENGINEERS.—Section 340 of the

22 Water Resources Development Act of 1992 (106 Stat.

23 4856; 113 Stat. 320) is amended by adding at the end

24 the following:
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1 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the

2 amounts appropriated to carry out this section for fiscal

3 years 2003 and thereafter may be used by the Corps of

4 Engineers district offices to administer projects under this

5 section at 100 percent Federal expense.’’.

6 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section

7 340(f) of such Act is amended by inserting ‘‘Nicholas,’’

8 after ‘‘Greenbrier,’’.

9 (c) NONPROFIT ENTITIES.—Section 340 of the

10 Water Resources Development Act of 1992 (106 Stat.

11 4856) is further amended by adding at the end the fol12 lowing:

13 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec14 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C.

15 1962d–5b(b)), for any project undertaken under this sec16 tion, a non-Federal interest may include a nonprofit entity

17 with the consent of the affected local government.’’.

18 SEC. 5125. CONSTRUCTION OF FLOOD CONTROL PROJECTS

19 BY NON-FEDERAL INTERESTS.

20 Section 211(f) of the Water Resources Development

21 Act of 1996 (33 U.S.C. 701b–13) is amended by adding

22 at the end the following:

23 ‘‘(9) BUFFALO BAYOU, TEXAS.—The project for

24 flood control, Buffalo Bayou, Texas.
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1 ‘‘(10) HALLS BAYOU, TEXAS.—The project for

2 flood control, Halls Bayou, Texas.

3 ‘‘(11) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

4 FIELD), ST. PAUL, MINNESOTA.—The project for

5 flood damage reduction, St. Paul Downtown Holman

6 Field), St. Paul, Minnesota.’’.

7 SEC. 5126. BRIDGE AUTHORIZATION.

8 There is authorized to be appropriated $30,000,000

9 for the construction of the bridge referred to in section

10 1001(a)(1).

11 SEC. 5127. ADDITIONAL ASSISTANCE FOR CRITICAL

12 PROJECTS.

13 Section 219(f) of the Water Resources Development

14 Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114

15 Stat. 2763A–220–221) is amended by adding at the end

16 the following:

17 ‘‘(71) PLAQUEMINE, LOUISIANA.—$7,000,000

18 for sanitary sewer and wastewater infrastructure,

19 Plaquemine, Louisiana.

20 ‘‘(72) CHARLESTON, SOUTH CAROLINA.—

21 $20,000,000 for wastewater infrastructure, including

22 wastewater collection systems, Charleston, South

23 Carolina.
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1 ‘‘(73) CROSS, SOUTH CAROLINA.—$2,000,000

2 for water-related environmental infrastructure,

3 Cross, South Carolina.

4 ‘‘(74) SURFSIDE, SOUTH CAROLINA.—

5 $8,000,000 for environmental infrastructure, includ6 ing stormwater system improvements and ocean out7 falls, Surfside, South Carolina.

8 ‘‘(75) NORTH MYRTLE BEACH, SOUTH CARO9 LINA.—$3,000,000 for environmental infrastructure,

10 including ocean outfalls, North Myrtle Beach, South

11 Carolina.

12 ‘‘(76) TIA JUANA VALLEY, CALIFORNIA.—

13 $1,400,000 for water-related environmental infra14 structure, Tia Juana Valley, California.

15 ‘‘(77) CABARRUS COUNTY, NORTH CAROLINA.—

16 $4,500,000 for water-related infrastructure,

17 Cabarrus County, North Carolina.

18 ‘‘(78) RICHMOND COUNTY, NORTH CAROLINA.—

19 $8,000,000 for water-related infrastructure, Rich20 mond County, North Carolina.

21 ‘‘(79) UNION COUNTY, NORTH CAROLINA.—

22 $9,000,000 for wastewater infrastructure, Union

23 County, North Carolina.

24 ‘‘(80) WASHINGTON, DISTRICT OF COLUMBIA.—

25 $35,000,000 for implementation of a combined
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1 sewer overflow long term control plan, Washington,

2 District of Columbia.

3 ‘‘(81) SOUTHERN LOS ANGELES COUNTY, CALI4 FORNIA.—$15,000,000 for environmental infrastruc5 ture for the groundwater basin optimization pipeline,

6 Southern Los Angeles County, California.

7 ‘‘(82) INDIANAPOLIS, INDIANA.—$6,430,000 for

8 environmental infrastructure for Indianapolis, Indi9 ana.

10 ‘‘(83) HENDERSON, NEVADA.—$5,000,000 for

11 wastewater infrastructure, Henderson, Nevada.

12 ‘‘(84) SENNETT, NEW YORK.—$1,500,000 for

13 water infrastructure, Town of Sennett, New York.

14 ‘‘(85) LEDYARD AND MONTVILLE, CON15 NECTICUT.—$7,113,000 for water infrastructure,

16 Ledyard and Montville, Connecticut.

17 ‘‘(86) AWENDAW, SOUTH CAROLINA.—

18 $2,000,000 for water-related infrastructure,

19 Awendaw, South Carolina.

20 ‘‘(87) ST. CLAIR COUNTY, ALABAMA.—

21 $5,000,000 for water-related infrastructure, St.

22 Clair County, Alabama.

23 ‘‘(88) EAST BAY, SAN FRANCISCO, AND SANTA

24 CLARA AREAS, CALIFORNIA.—$4,000,000 for a de-
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1 salination project to serve the East Bay, San Fran2 cisco, and Santa Clara areas, California.

3 ‘‘(89) ATHENS, TENNESSEE.—$16,000,000 for

4 wastewater infrastructure, Athens, Tennessee.

5 ‘‘(90) WARWICK, NEW YORK.—$1,200,000 for

6 water storage capacity restoration, Warwick, New

7 York.

8 ‘‘(91) KIRYAS JOEL, NEW YORK.—$20,000,000

9 for water-related infrastructure, Kiryas Joel, New

10 York.

11 ‘‘(92) WHITTIER, CALIFORNIA.—$8,000,000 for

12 wastewater and water-related infrastructure, Whit13 tier, California.

14 ‘‘(93) ANACOSTIA RIVER, DISTRICT OF COLUM15 BIA AND MARYLAND.—$20,000,000 for environ16 mental infrastructure and resource protection and

17 development to enhance water quality and living re18 sources in the Anacostia River watershed, District of

19 Columbia and Maryland.

20 ‘‘(94) DUCHESNE, IRON, AND UINTAH COUN21 TIES, UTAH.—$10,000,000 for water-related infra22 structure, Duchesne, Iron, and Uintah Counties,

23 Utah.

24 ‘‘(95) HANCOCK, HARRISON, JACKSON, AND

25 PEARL RIVER COUNTIES, MISSISSIPPI.—$5,824,300
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1 for water and wastewater-related infrastructure,

2 Hancock, Harrison, Jackson, and Pearl River Coun3 ties, Mississippi.

4 ‘‘(96) PLACER AND EL DORADO COUNTIES,

5 CALIFORNIA.—$35,000,000 to improve the efficiency

6 and use of existing water supplies in Placer and El

7 Dorado Counties, California, through water and

8 wastewater projects, programs, and infrastructure.

9 ‘‘(97) ARCADIA AND SIERRA MADRE, CALI10 FORNIA.—$20,000,000 for water-related infrastruc11 ture, Arcadia and Sierra Madre, California.

12 ‘‘(98) EL PASO COUNTY, TEXAS.—$25,000,000

13 for water-related infrastructure and resource protec14 tion and development, El Paso County, Texas.

15 ‘‘(99) ATLANTA, GEORGIA.—$35,000,000 for

16 implementation of a sanitary sewer overflow control

17 plan, Atlanta, Georgia.

18 ‘‘(100) CHATTAHOOCHEE RIVER, GEORGIA.—

19 $20,000,000 for implementation of wastewater infra20 structure and resource protection to enhance water

21 quality in and adjacent to the Chattahoochee River,

22 Georgia.

23 ‘‘(101) LASSEN, PLUMAS, BUTTE, SIERRA, AND

24 NEVADA COUNTIES, CALIFORNIA.—$25,000,000 to

25 improve the efficiency and use of existing water sup-
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1 plies in the counties of Lassen, Plumas, Butte, Si2 erra, and Nevada, California, through water and

3 waste water projects, programs, and infrastructure.

4 ‘‘(102) IMPERIAL COUNTY, CALIFORNIA.—

5 $10,000,000 for wastewater infrastructure to im6 prove water quality in the New River, Imperial

7 County, California.

8 ‘‘(103) CONTRA COSTA WATER DISTRICT, CALI9 FORNIA.—$23,000,000 for water and wastewater in10 frastructure for the Contra Costa Water District,

11 California.’’.

12 SEC. 5128. USE OF FEDERAL HOPPER DREDGE FLEET.

13 (a) STUDY.—The Secretary shall conduct a study on

14 the appropriate use of the Federal hopper dredge fleet.

15 (b) CONTENTS.—In conducting the study, the Sec16 retary shall—

17 (1) obtain and analyze baseline data to deter18 mine the appropriate use of the Federal hopper

19 dredge fleet;

20 (2) prepare a comprehensive analysis of the

21 costs and benefits of existing and proposed restric22 tions on the use of the Federal hopper dredge fleet;

23 and

24 (3) assess the data and procedure used by the

25 Secretary to prepare the Government cost estimate
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1 for worked performed by the Federal hopper dredge

2 fleet.

3 (c) CONSULTATION.—The Secretary shall conduct

4 the study in consultation with ports, pilots, and represent5 atives of the private dredge industry.

6 (d) REPORT.—Not later than 180 days after the date

7 of enactment of this Act, the Secretary shall transmit to

8 Congress a report on the results of the study.

9 SEC. 5129. WAGE SURVEYS.

10 Employees of the United States Army Corps of Engi11 neers who are paid wages determined under the last un12 designated paragraph under the heading ‘‘Administrative

13 Provisions’’ of chapter V of the Supplemental Appropria14 tions Act, 1982 (5 U.S.C. 5343 note; 96 Stat. 832) shall

15 be allowed, through appropriate employee organization

16 representatives, to participate in wage surveys under such

17 paragraph to the same extent as are prevailing rate em18 ployees under subsection (c)(2) of section 5343 of title 5,

19 United States Code. Nothing in such section 5343 shall

20 be considered to affect which agencies are to be surveyed

21 under such paragraph.

22 SEC. 5130. PURCHASE OF AMERICAN-MADE EQUIPMENT

23 AND PRODUCTS.

24 (a) IN GENERAL.—It is the sense of Congress that,

25 to the extent practicable, all equipment and products pur-
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1 chased with funds made available under this Act should

2 be American made.

3 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

4 providing financial assistance under this Act, the Sec5 retary, to the greatest extent practicable, shall provide to

6 each recipient of the assistance a notice describing the

7 statement made in subsection (a).

Passed the House of Representatives September 24,

2003.

Attest:

Clerk.