IB 

Union Calendar No. 151

108TH CONGRESS 

1ST SESSION H. R. 2557

[Report No. 108–265] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2003

Mr. YOUNG of Alaska (for himself and Mr. DUNCAN) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure 

SEPTEMBER 5, 2003

Additional sponsors: Mr. OBERSTAR and Mr. COSTELLO

SEPTEMBER 5, 2003

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 23, 2003] 

A BILL

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.—

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. 

Sec. 2025. Technical assistance. 

Sec. 2026. Centers of specialized planning expertise. 
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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. 

TITLE III—PROJECT-RELATED PROVISIONS 

Sec. 3001. Cook Inlet, Alaska. 

Sec. 3002. King Cove Harbor, Alaska. 

Sec. 3003. Sitka, Alaska. 

Sec. 3004. Tatilek, 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. Los Angeles Harbor, Los Angeles, California. 

Sec. 3013. Larkspur Ferry Channel, Larkspur, 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. Lido Key Beach, Sarasota, Florida. 

Sec. 3029. Manatee Harbor, Florida. 

Sec. 3030. Tampa Harbor, Florida. 

Sec. 3031. Tampa Harbor-Big Bend Channel, Florida. 

Sec. 3032. Miami Harbor, Florida. 

Sec. 3033. Little Wood River, Gooding, Idaho. 

Sec. 3034. Hennepin-Hopper Lakes, Illinois. 

Sec. 3035. Mississippi River and Big Muddy River, Illinois. 

Sec. 3036. Spunky Bottoms, Illinois. 

Sec. 3037. Emiquon, Illinois. 

Sec. 3038. Little Calumet River, Indiana. 

Sec. 3039. White River, Indiana. 

Sec. 3040. Wolf Lake, Indiana. 

Sec. 3041. Prestonsburg, Kentucky. 

Sec. 3042. Amite River and tributaries, Louisiana, East Baton Rouge Parish 

Watershed. 

Sec. 3043. Atchafalaya Basin, Louisiana. 
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Sec. 3044. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3045. J. Bennett Johnston Waterway, Mississippi River to Shreveport, Louisiana. 

Sec. 3046. Mississippi Delta Region, Louisiana. 

Sec. 3047. New Orleans to Venice, Louisiana. 

Sec. 3048. West Bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3049. Camp Ellis, Saco, Maine. 

Sec. 3050. Union River, Maine. 

Sec. 3051. Cass River, Spaulding Township, Michigan. 

Sec. 3052. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3053. Water Resources Institute, Muskegon, Michigan. 

Sec. 3054. Saginaw River, Bay City, Michigan. 

Sec. 3055. Ada, Minnesota. 

Sec. 3056. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3057. Grand Portage Harbor, Minnesota. 

Sec. 3058. Granite Falls, Minnesota. 

Sec. 3059. Minneapolis, Minnesota. 

Sec. 3060. Red Lake River, Minnesota. 

Sec. 3061. Silver Bay, Minnesota. 

Sec. 3062. Taconite Harbor, Minnesota. 

Sec. 3063. Two Harbors, Minnesota. 

Sec. 3064. Deer Island, Harrison County, Mississippi. 

Sec. 3065. Bois Brule Drainage and Levee District, Missouri. 

Sec. 3066. Sand Creek Watershed, Wahoo, Nebraska. 

Sec. 3067. Alamogordo, New Mexico. 

Sec. 3068. Orchard Beach, Bronx, New York. 

Sec. 3069. Times Beach, Buffalo, New York. 

Sec. 3070. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3071. New York State Canal System. 

Sec. 3072. Arcadia Lake, Oklahoma. 

Sec. 3073. Willamette River Temperature Control, McKenzie Subbasin, Oregon. 

Sec. 3074. French Creek, Union City Dam, Pennsylvania. 

Sec. 3075. Lackawanna River at Olyphant, Pennsylvania. 

Sec. 3076. Lackawanna River at Scranton, Pennsylvania. 

Sec. 3077. Raystown Lake, Pennsylvania. 

Sec. 3078. Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania. 

Sec. 3079. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3080. South Central Pennsylvania. 

Sec. 3081. Wyoming Valley, Pennsylvania. 

Sec. 3082. Little Limestone Creek, Jonesborough, Tennessee. 

Sec. 3083. Cedar Bayou, Texas. 

Sec. 3084. Lake Kemp, Texas. 

Sec. 3085. Lower Rio Grande Basin, Texas. 

Sec. 3086. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3087. Proctor Lake, Texas. 

Sec. 3088. San Antonio Channel, San Antonio, Texas. 

Sec. 3089. Elizabeth River, Chesapeake, Virginia. 

Sec. 3090. Roanoke River Upper Basin, Virginia. 

Sec. 3091. Blair and Sitcum Waterways, Tacoma Harbor, Washington. 

Sec. 3092. Greenbrier River Basin, West Virginia. 

Sec. 3093. Manitowoc Harbor, Wisconsin. 

Sec. 3094. Mississippi River Headwaters Reservoirs. 

Sec. 3095. Continuation of project authorizations.
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Sec. 3096. Project reauthorizations. 

Sec. 3097. Project deauthorizations. 

Sec. 3098. Land conveyances. 

Sec. 3099. Extinguishment of reversionary interests and use restrictions. 

Sec. 3100. Land exchange, disposal and acquisition of lands, Allatoona Lake, 

Georgia. 

TITLE IV—STUDIES 

Sec. 4001. John Glenn Great Lakes basin program. 

Sec. 4002. St. George Harbor, Alaska. 

Sec. 4003. Susitna River, Alaska. 

Sec. 4004. Searcy County, Arkansas. 

Sec. 4005. Upper Mississippi River and Illinois Waterway, Illinois, Iowa, Minnesota, Missouri, and Wisconsin. 

Sec. 4006. Hamilton, California. 

Sec. 4007. Oceanside, California. 

Sec. 4008. Sacramento River, California. 

Sec. 4009. San Francisco Bay, Sacramento-San Joaquin Delta, California. 

Sec. 4010. Tybee Island, Georgia. 

Sec. 4011. Calumet Harbor, Illinois. 

Sec. 4012. Paducah, Kentucky. 

Sec. 4013. Bastrop-Morehouse Parish, Louisiana. 

Sec. 4014. West Feliciana Parish, Louisiana. 

Sec. 4015. City of Mackinac Island, Michigan. 

Sec. 4016. Chicago, Illinois. 

Sec. 4017. South Branch, Chicago River, Chicago, Illinois. 

Sec. 4018. Northeast Mississippi. 

Sec. 4019. Pueblo of Zuni, New Mexico. 

Sec. 4020. Hudson-Raritan Estuary, New York and New Jersey. 

Sec. 4021. Sac and Fox Nation, Oklahoma. 

Sec. 4022. Sutherlin, Oregon. 

Sec. 4023. Tillamook Bay and Bar, Oregon. 

Sec. 4024. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4025. Northeastern Pennsylvania aquatic ecosystem restoration and protection. 

Sec. 4026. Georgetown and Williamsburg Counties, South Carolina. 

Sec. 4027. Sabine Pass to Galveston Bay, Texas. 

Sec. 4028. Grand County and Moab, Utah. 

Sec. 4029. Chehalis River Basin, Washington. 

Sec. 4030. Sprague, Lincoln County, Washington. 

Sec. 4031. Monongahela River Basin, Northern West Virginia. 

Sec. 4032. Wauwatosa, Wisconsin. 

TITLE V—MISCELLANEOUS PROVISIONS 

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. 
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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. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5021. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5022. Augusta and Clarendon, Arkansas. 

Sec. 5023. Loomis Landing, Arkansas. 

Sec. 5024. McClellan-Kerr Arkansas River navigation project, Arkansas and 

Oklahoma. 

Sec. 5025. St. Francis River Basin, Arkansas and Missouri. 

Sec. 5026. Cambria, California. 

Sec. 5027. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5028. East San Joaquin County, California. 

Sec. 5029. Sacramento Area, California. 

Sec. 5030. Sacramento Deep Water Ship Channel, California. 

Sec. 5031. San Francisco, California. 

Sec. 5032. San Francisco, California, waterfront area. 

Sec. 5033. Stockton, California. 

Sec. 5034. Charles Hervey Townshend Breakwater, Connecticut. 

Sec. 5035. Everglades restoration, Florida. 

Sec. 5036. Florida Keys water quality improvements. 

Sec. 5037. Lake Worth, Florida. 

Sec. 5038. Lake Lanier, Georgia. 

Sec. 5039. Riley Creek recreation area, Idaho. 

Sec. 5040. Reconstruction of Illinois flood protection projects. 

Sec. 5041. Kaskaskia River basin, Illinois, restoration. 

Sec. 5042. Natalie Creek, Midlothian and Oak Forest, Illinois. 

Sec. 5043. Peoria riverfront development, Peoria, Illinois. 

Sec. 5044. Illinois River basin restoration. 

Sec. 5045. Calumet region, Indiana. 

Sec. 5046. Rathbun Lake, Iowa. 

Sec. 5047. Cumberland River Basin, Kentucky. 

Sec. 5048. Mayfield Creek and tributaries, Kentucky. 

Sec. 5049. North Fork, Kentucky River, Breathitt County, Kentucky. 

Sec. 5050. Southern and Eastern Kentucky. 

Sec. 5051. Coastal Louisiana ecosystem protection and restoration. 

Sec. 5052. Baton Rouge, Louisiana. 

Sec. 5053. West Baton Rouge Parish, Louisiana. 

Sec. 5054. Chesapeake Bay shoreline, Maryland, Virginia, Pennsylvania, and 

Delaware. 

Sec. 5055. Delmarva conservation corridor, Maryland. 

Sec. 5056. Detroit River, Michigan. 

Sec. 5057. Oakland County, Michigan. 

Sec. 5058. St. Clair River and Lake St. Clair, Michigan. 

Sec. 5059. Garrison and Kathio Township, Minnesota. 

Sec. 5060. Northeastern Minnesota. 

Sec. 5061. Desoto County, Mississippi. 

Sec. 5062. Harrison, Hancock, and Jackson Counties, Mississippi. 
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Sec. 5063. Mississippi River, Missouri, and Illinois. 

Sec. 5064. St. Louis, Missouri. 

Sec. 5065. Hackensack Meadowlands area, New Jersey. 

Sec. 5066. Atlantic Coast of New York. 

Sec. 5067. College Point, New York City, New York. 

Sec. 5068. Flushing Bay and Creek, New York City, New York. 

Sec. 5069. Little Neck Bay, Village of Kings Point, New York. 

Sec. 5070. Onondaga Lake, New York. 

Sec. 5071. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5072. Stanly County, North Carolina. 

Sec. 5073. Central Riverfront Park, Cincinnati, Ohio. 

Sec. 5074. Piedmont Lake Dam, Ohio. 

Sec. 5075. Ohio. 

Sec. 5076. Waurika Lake, Oklahoma. 

Sec. 5077. Columbia River, Oregon. 

Sec. 5078. Eugene, Oregon. 

Sec. 5079. John Day Lock and Dam, Lake Umatilla, Oregon and Washington. 

Sec. 5080. Lowell, Oregon. 

Sec. 5081. Hagerman’s Run, Williamsport, Pennsylvania. 

Sec. 5082. Northeast Pennsylvania. 

Sec. 5083. Susquehannock Campground access road, Raystown Lake, Pennsylvania. 

Sec. 5084. Upper Susquehanna River basin, Pennsylvania and New York. 

Sec. 5085. Washington, Greene, Westmoreland, and Fayette Counties, Pennsylvania. 

Sec. 5086. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5087. Beaufort and Jasper Counties, South Carolina. 

Sec. 5088. Cooper River, South Carolina. 

Sec. 5089. Lakes Marion and Moultrie, South Carolina. 

Sec. 5090. Upper Big Sioux River, Watertown, South Dakota. 

Sec. 5091. Fritz Landing, Tennessee. 

Sec. 5092. Memphis, Tennessee. 

Sec. 5093. Town Creek, Lenoir City, Tennessee. 

Sec. 5094. Tennessee River partnership. 

Sec. 5095. Clear Creek and tributaries, Harris, Galveston, and Brazoria Counties, Texas. 

Sec. 5096. Harris County, Texas. 

Sec. 5097. Harris Gully, Harris County, Texas. 

Sec. 5098. Onion Creek, Texas. 

Sec. 5099. Pelican Island, Texas. 

Sec. 5100. Front Royal, Virginia. 

Sec. 5101. Richmond National Battlefield Park, Richmond, Virginia. 

Sec. 5102. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5103. Chehalis River, Centralia, Washington. 

Sec. 5104. Hamilton Island Campground, Washington. 

Sec. 5105. Puget Island, Washington. 

Sec. 5106. Bluestone, West Virginia. 

Sec. 5107. West Virginia and Pennsylvania flood control. 

Sec. 5108. Lower Kanawha River Basin, West Virginia. 

Sec. 5109. Central West Virginia. 

Sec. 5110. Southern West Virginia. 

Sec. 5111. Construction of flood control projects by non-Federal interests. 

Sec. 5112. Bridge authorization. 

Sec. 5113. Additional assistance for critical projects. 

Sec. 5114. Use of Federal hopper dredge fleet.
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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Army. 

4 TITLE I—WATER RESOURCES 

5 PROJECTS 

6 SEC. 1001. PROJECT AUTHORIZATIONS. 

7 Except as otherwise provided in this section, the fol8 lowing projects for water resources development and con9 servation and other purposes are authorized to be carried 

10 out by the Secretary substantially in accordance with the 

11 plans, and subject to the conditions, described in the respec12 tive reports designated in this section: 

13 (1) AMERICAN RIVER WATERSHED, CALI14 FORNIA.—The project for flood damage reduction and 

15 environmental restoration, American River Water16 shed, California: Report of the Chief of Engineers, 

17 dated November 5, 2002, at a total cost of 

18 $257,300,000, with an estimated Federal cost of 

19 $201,200,000 and an estimated non-Federal cost of 

20 $56,100,000; except that the Secretary is authorized to 

21 accept funds from State and local governments and 

22 other Federal agencies for the purpose of constructing 

23 a permanent bridge instead of the temporary bridge 

24 described in the recommended plan and may con25 struct such permanent bridge if all additional costs 

26 for such bridge, above the $36,000,000 provided for in 
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1 the recommended plan for bridge construction, are 

2 provided by such governments or agencies. 

3 (2) PINE FLAT DAM AND RESERVOIR, CALI4 FORNIA.—The project for environmental restoration, 

5 Pine Flat Dam and Reservoir, Fresno County, Cali6 fornia: Report of the Chief of Engineers, dated July 

7 19, 2002, at a total cost of $38,480,000, with an esti8 mated Federal cost of $24,930,000 and an estimated 

9 non-Federal cost of $13,550,000. 

10 (3) SOUTH PLATTE RIVER, DENVER, COLO11 RADO.—The project for environmental restoration 

12 Denver County Reach, South Platte River, Denver, 

13 Colorado: Report of the Chief of Engineers, dated May 

14 16, 2003, at a total cost of $17,997,000, with an esti15 mated Federal cost of $11,698,000 and an estimated 

16 non-Federal cost of $6,299,000. 

17 (4) MORGANZA TO THE GULF OF MEXICO, LOU18 ISIANA.—

19 (A) IN GENERAL.—The project for hurricane 

20 and storm damage reduction, Morganza to the 

21 Gulf of Mexico, Louisiana: Report of the Chief of 

22 Engineers, dated August 23, 2002, at a total cost 

23 of $719,000,000, with an estimated Federal cost 

24 of $467,000,000 and an estimated non-Federal 

25 cost of $252,000,000.
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1 (B) CREDIT.—The Secretary shall credit to2 ward the non-Federal share of the cost of the 

3 project the cost of work carried out by the non4 Federal interest for interim flood protection after 

5 March 31, 1989, if the Secretary determines that 

6 the work is integral to the project. 

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

8 environmental restoration and protection, Smith Is9 land, Maryland: Report of the Chief of Engineers, 

10 dated October 29, 2001, at a total cost of $8,000,000, 

11 with an estimated Federal cost of $5,200,000 and an 

12 estimated non-Federal cost of $2,800,000. 

13 (6) CORPUS CHRISTI SHIP CHANNEL, CORPUS

14 CHRISTI, TEXAS.—The project for navigation and en15 vironmental restoration, Corpus Christi Ship Chan16 nel, Texas, Channel Improvement Project: Report of 

17 the Chief of Engineers dated June 2, 2003, at a total 

18 cost of $153,808,000, with an estimated Federal cost 

19 of $73,554,000 and an estimated non-Federal cost of 

20 $80,254,000. 

21 (7) MATAGORDA BAY, TEXAS.—The project for 

22 navigation, Gulf Intracoastal Waterway, Brazos 

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

24 Texas: Report of the Chief of Engineers, dated Decem25 ber 4, 2002, at a total cost of $14,515,000. The costs 
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of construction of the project are to be paid 1 1 ⁄2 from 

2 amounts appropriated from the general fund of the 

Treasury and 1 3 ⁄2 from amounts appropriated from 

4 the Inland Waterways Trust Fund. 

5 (8) RIVERSIDE OXBOW, FORT WORTH, TEXAS.—

6 (A) IN GENERAL.—The project for environ7 mental restoration, Riverside Oxbow, Fort 

8 Worth, Texas: Report of the Chief of Engineers 

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

10 $22,200,000, with an estimated Federal cost of 

11 $9,180,000 and an estimated non-Federal cost of 

12 $13,020,000. 

13 (B) CREDIT.—The Secretary shall credit to14 ward the non-Federal share of the cost of the 

15 project the cost of design and construction work 

16 carried out on the Beach Street Dam and associ17 ated features by the non-Federal interest before 

18 the date of the partnership agreement for the 

19 project if the Secretary determines that the work 

20 is integral to the project. 

21 (9) DEEP CREEK, CHESAPEAKE, VIRGINIA.—The 

22 project for the Atlantic Intracoastal Waterway Bridge 

23 Replacement, Deep Creek, Chesapeake, Virginia: Re24 port of the Chief of Engineers, dated March 3, 2003, 

25 at a total cost of $22,178,000. 
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1 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC2 TION. 

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

4 study for each of the following projects and, if the Secretary 

5 determines that a project is feasible, may carry out the 

6 project under section 205 of the Flood Control Act of 1948 

7 (33 U.S.C. 701s):

8 (1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.—

9 Project for flood damage reduction, Cache River 

10 basin, Grubbs, Arkansas. 

11 (2) SANTA ANA RIVER BASIN AND ORANGE COUN12 TY STREAMS, CALIFORNIA.—Project for flood damage 

13 reduction, Santa Ana River basin and Orange Coun14 ty streams, California. 

15 (3) STONY CREEK, OAK LAWN, ILLINOIS.—Project 

16 for flood damage reduction, Stony Creek, Oak Lawn, 

17 Illinois. 

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

19 Project for flood damage reduction, Olive Hill and vi20 cinity, Kentucky. 

21 (5) NASHUA RIVER, FITCHBURG, MASSACHU22 SETTS.—Project for flood damage reduction, Nashua 

23 River, Fitchburg, Massachusetts. 

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

25 MICHIGAN.—Project for flood damage reduction, Sagi26 naw River, Hamilton Dam, Flint, Michigan.
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1 (7) MARSH CREEK, MINNESOTA.—Project for 

2 flood damage reduction, Marsh Creek, Minnesota. 

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

4 Project for flood damage reduction, Roseau River, 

5 Roseau, Minnesota. 

6 (9) SOUTH BRANCH OF THE WILD RICE RIVER, 

7 BORUP, MINNESOTA.—Project for flood damage reduc8 tion, South Branch of the Wild Rice River, Borup, 

9 Minnesota. 

10 (10) TWIN VALLEY LAKE, WILD RICE RIVER, MIN11 NESOTA.—Project for flood damage reduction, Twin 

12 Valley Lake, Wild Rice River, Minnesota. 

13 (11) BLACKSNAKE CREEK, ST. JOSEPH, MIS14 SOURI.—Project for flood damage reduction, Black15 snake Creek, St. Joseph, Missouri. 

16 (12) MCKEEL BROOK, NEW JERSEY.—Project for 

17 flood damage reduction, McKeel Brook, New Jersey. 

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

19 CITY, NEW YORK.—Project for flood damage reduction, 

20 East River, Silver Beach, New York City, New York. 

21 (14) RAMAPO RIVER, TOWN OF MONROE AND VIL22 LAGES OF MONROE, KIRYAS JOEL, AND HARRIMAN, 

23 NEW YORK.—Project for flood damage reduction, 

24 Ramapo River, Town of Monroe and Villages of Mon25 roe, Kiryas Joel, and Harriman, New York. 
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1 (15) LITTLE MILL CREEK, SOUTHAMPTON, PENN2 SYLVANIA.—Project for flood damage reduction, Little 

3 Mill Creek, Southampton, Pennsylvania. 

4 (16) LITTLE NESHAMINY CREEK, WARRENTON, 

5 PENNSYLVANIA.—Project for flood damage reduction, 

6 Little Neshaminy Creek, Warrenton, Pennsylvania. 

7 (17) SURFSIDE BEACH, SOUTH CAROLINA.—

8 Project for flood damage reduction, Surfside Beach 

9 and vicinity, South Carolina. 

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

11 flood damage reduction, South Branch of the Wild Rice 

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

13 the Secretary may consider national ecosystem restoration 

14 benefits in determining the Federal interest in the project 

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

16 the financing of the project in accordance with section 

17 903(c) of the Water Resources Development Act of 1986 (100 

18 Stat. 4184) to the extent that the Secretary’s evaluation in19 dicates that applying such section is necessary to imple20 ment the project. 

21 SEC. 1003. SMALL PROJECTS FOR EMERGENCY 

22 STREAMBANK PROTECTION. 

23 The Secretary shall conduct a study for each of the 

24 following projects and, if the Secretary determines that a 
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1 project is feasible, may carry out the project under section 

2 14 of the Flood Control Act of 1946 (33 U.S.C. 701r): 

3 (1) OUACHITA AND BLACK RIVERS, ARKANSAS.—

4 Project for emergency streambank protection, 

5 Ouachita and Black Rivers, Arkansas. 

6 (2) MELVINA DITCH, CHICAGO RIDGE, ILLI7 NOIS.—Project for emergency streambank protection 

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

9 96th Street and Nashville Avenue, Chicago Ridge, Il10 linois. 

11 (3) MIDDLE FORK GRAND RIVER, GENTRY COUN12 TY, MISSOURI.—Project for emergency streambank 

13 protection, Middle Fork Grand River, Gentry County, 

14 Missouri. 

15 (4) SHREWSBURY RIVER, RUMSON, NEW JER16 SEY.—Project for emergency streambank protection, 

17 Shrewsbury River, Rumson, New Jersey.

18 (5) KOWAWESE UNIQUE AREA AND HUDSON

19 RIVER, NEW WINDSOR, NEW YORK.—Project for emer20 gency streambank protection, Kowawese Unique Area 

21 and Hudson River, New Windsor, New York. 

22 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

23 The Secretary shall conduct a study for each of the 

24 following projects and, if the Secretary determines that a 
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1 project is feasible, may carry out the project under section 

2 107 of the River and Harbor Act of 1960 (33 U.S.C. 577): 

3 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN4 SAS.—Project for navigation, Blytheville County Har5 bor, Arkansas. 

6 (2) EVANSTON, ILLINOIS.—Project for naviga7 tion, Evanston, Illinois. 

8 (3) NIAGARA FRONTIER TRANSPORTATION AU9 THORITY BOAT HARBOR, BUFFALO, NEW YORK.—

10 Project for navigation, Niagara Frontier Transpor11 tation Authority Boat Harbor, Buffalo, New York. 

12 (4) WOODLAWN MARINA, LACKAWANNA, NEW

13 YORK.—Project for navigation, Woodlawn Marina, 

14 Lackawanna, New York. 

15 (5) BAKER BAY AND ILWACO HARBOR, WASH16 INGTON.—Project for navigation, Baker Bay and 

17 Ilwaco Harbor, Washington. 

18 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

19 QUALITY OF THE ENVIRONMENT. 

20 The Secretary shall conduct a study for the following 

21 project and, if the Secretary determines that the project is 

22 appropriate, may carry out the project under section 1135 

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

24 2309a): Project for improvement of the quality of the envi25 ronment, Smithville Lake, Missouri. 
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1 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

2 RESTORATION. 

3 The Secretary shall conduct a study for each of the 

4 following projects and, if the Secretary determines that a 

5 project is appropriate, may carry out the project under sec6 tion 206 of the Water Resources Development Act of 1996 

7 (33 U.S.C. 2330): 

8 (1) COLORADO RIVER, YUMA, ARIZONA.—Project 

9 for aquatic ecosystem restoration, Colorado River, 

10 Yuma, Arizona. 

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

12 aquatic ecosystem restoration, Chino Valley, Cali13 fornia.

14 (3) NEW AND ALAMO RIVERS, IMPERIAL COUNTY, 

15 CALIFORNIA.—Project for aquatic ecosystem restora16 tion, New and Alamo Rivers, Imperial County, Cali17 fornia, including efforts to address invasive aquatic 

18 plant species. 

19 (4) SAN DIEGO RIVER, CALIFORNIA.—Project for 

20 aquatic ecosystem restoration, San Diego River, Cali21 fornia, including efforts to address invasive aquatic 

22 plant species. 

23 (5) STOCKTON DEEP WATER SHIP CHANNEL AND

24 LOWER SAN JOAQUIN RIVER, CALIFORNIA.—Project for 

25 aquatic ecosystem restoration, Stockton Deep Water
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1 Ship Channel and lower San Joaquin River, Cali2 fornia. 

3 (6) SWEETWATER RESERVOIR, SAN DIEGO COUN4 TY, CALIFORNIA.—Project for aquatic ecosystem res5 toration, Sweetwater Reservoir, San Diego County, 

6 California, including efforts to address invasive 

7 aquatic plant species. 

8 (7) BISCAYNE BAY, FLORIDA.—Project for aquat9 ic ecosystem restoration, Biscayne Bay, Key Bis10 cayne, Florida. 

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

12 aquatic ecosystem restoration, Destin Harbor, Flor13 ida.

14 (9) CHATTAHOOCHEE RIVER, COLUMBUS, GEOR15 GIA, AND PHENIX CITY, ALABAMA.—Project for aquat16 ic ecosystem restoration, City Mills Dam and Eagle 

17 and Phenix Dam, Chattahoochee River, Columbus, 

18 Georgia, and Phenix City, Alabama. 

19 (10) CHATTAHOOCHEE RIVER AND OCMULGEE

20 RIVER BASINS, GEORGIA.—Project for aquatic eco21 system restoration, Chattahoochee River and 

22 Ocmulgee River basins, Gwinnett County, Georgia. 

23 (11) SNAKE RIVER, JEROME, IDAHO.—Project for 

24 aquatic ecosystem restoration, Snake River, Jerome, 

25 Idaho. 
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1 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION. 

2 The Secretary shall conduct a study for the following 

3 project and, if the Secretary determines that the project is 

4 feasible, may carry out the project under section 3 of the 

5 Act entitled ‘‘An Act authorizing Federal participation in 

6 the cost of protecting the shores of publicly owned property’’, 

7 approved August 13, 1946 (33 U.S.C. 426g): Project for 

8 shoreline protection, Nelson Lagoon, Alaska.

9 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI10 MENT REMOVAL. 

11 The Secretary shall conduct a study for the following 

12 project and, if the Secretary determines that the project is 

13 feasible, the Secretary may carry out the project under sec14 tion 2 of the Flood Control Act of August 28, 1937 (33 

15 U.S.C. 701g): Project for removal of snags and clearing and 

16 straightening of channels for flood control, Kowawese 

17 Unique Area and Hudson River, New Windsor, New York. 

18 TITLE II—GENERAL PROVISIONS 

19 SEC. 2001. ANNUAL PASSES FOR RECREATION. 

20 Section 208(c)(4) of the Water Resources Development 

21 Act of 1996 (16 U.S.C. 460d–3 note; 110 Stat. 3681; 113 

22 Stat. 294) is amended by striking ‘‘the December 31, 2003’’ 

23 and inserting ‘‘December 31, 2004’’.
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1 SEC. 2002. NON-FEDERAL CONTRIBUTIONS. 

2 Section 103 of the Water Resources Development Act 

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

4 the following: 

5 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.—

6 ‘‘(1) PROHIBITION ON SOLICITATION OF EXCESS

7 CONTRIBUTIONS.—The Secretary may not solicit con8 tributions from non-Federal interests for costs of con9 structing authorized water resources development 

10 projects or measures in excess of the non-Federal 

11 share assigned to the appropriate project purposes 

12 listed in subsections (a), (b), and (c) or condition 

13 Federal participation in such projects or measures on 

14 the receipt of such contributions. 

15 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC16 TION.—Nothing in this subsection shall be construed 

17 to affect the Secretary’s authority under section 

18 903(c) of this Act.’’. 

19 SEC. 2003. HARBOR COST SHARING. 

20 (a) PAYMENTS DURING CONSTRUCTION.—Section 

21 101(a)(1) of the Water Resources Development Act of 1986 

22 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended in each 

23 of subparagraphs (B) and (C) by striking ‘‘45 feet’’ and 

24 inserting ‘‘53 feet’’. 
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1 (b) OPERATION AND MAINTENANCE.—Section 

2 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

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

4 (c) DEFINITIONS.—Section 214 of such Act (33 U.S.C. 

5 2241; 100 Stat. 4108) is amended in each of paragraphs 

6 (1) and (3) by striking ‘‘45 feet’’ and inserting ‘‘53 feet’’. 

7 (d) APPLICABILITY.—The amendments made by sub8 sections (a), (b), and (c) shall apply only to a project, or 

9 separable element of a project, on which a contract for phys10 ical construction has not been awarded before the date of 

11 enactment of this Act.

12 SEC. 2004. FUNDING TO PROCESS PERMITS. 

13 Section 214(a) of the Water Resources Development 

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

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

16 SEC. 2005. NATIONAL SHORELINE EROSION CONTROL DE17 VELOPMENT AND DEMONSTRATION PRO18 GRAM. 

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

20 entitled ‘‘An Act authorizing Federal participation in the 

21 cost of protecting the shores of publicly owned property’’, 

22 approved August 13, 1946 (33 U.S.C. 426h(a)), is amended 

23 by striking ‘‘6 years’’ and inserting ‘‘10 years’’. 

24 (b) EXTENSION OF PLANNING, DESIGN, AND CON25 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 
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1 U.S.C. 426h(b)(1)(A)) is amended by striking ‘‘3 years’’ 

2 and inserting ‘‘6 years’’. 

3 (c) COST-SHARING; REMOVAL OF PROJECTS.—Section 

4 5(b) of such Act (33 U.S.C. 426h(b)) is amended—

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

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

7 (2) by inserting after paragraph (2) the fol8 lowing: 

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

10 into a cost-sharing agreement with a non-Federal in11 terest to carry out a project, or a phase of a project, 

12 under the erosion control program in cooperation 

13 with the non-Federal interest. 

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

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

16 project, or an element of a project, constructed under 

17 the erosion control program if the Secretary deter18 mines during the term of the program that the project 

19 or element is detrimental to the environment, private 

20 property, or public safety.’’. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended by 

23 striking ‘‘$21,000,000’’ and inserting ‘‘$31,000,000’’.
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1 SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES 

2 PROJECTS. 

3 (a) PARTNERSHIP AGREEMENTS.—Section 221 of the 

4 Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is amend5 ed—

6 (1) in subsection (a)—

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

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

9 inserting ‘‘under any’’; 

10 (B) by inserting ‘‘partnership’’ after ‘‘writ11 ten’’; 

12 (C) by striking ‘‘Secretary of the Army to 

13 furnish its required cooperation for’’ and insert14 ing ‘‘district engineer for the district in which 

15 the project will be carried out under which each 

16 party agrees to carry out its responsibilities and 

17 requirements for implementation or construction 

18 of’’; and 

19 (D) by inserting after ‘‘$25,000.’’ the fol20 lowing: ‘‘Such agreement may include a provi21 sion for liquidated damages in the event of a 

22 failure of one or more parties to perform.’’; 

23 (2) by redesignating subsection (e) as subsection 

24 (f); and 

25 (3) by inserting after subsection (d) the fol26 lowing: 
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1 ‘‘(e) LIMITATION.—Nothing in subsection (a) shall be 

2 construed as limiting the authority of the Secretary to en3 sure that a partnership agreement meets all requirements 

4 of law and policies of the Secretary in effect on the date 

5 of entry into the partnership agreement.’’. 

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

7 Water Resources Development Act of 1986 (101 Stat. 4190) 

8 is amended—

9 (1) in paragraph (2)—

10 (A) by striking ‘‘shall’’ the first place it ap11 pears and inserting ‘‘may’’; and 

12 (B) by striking the last sentence; and 

13 (2) in paragraph (4)—

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

15 following: ‘‘payment of liquidated damages or, 

16 for’’; 

17 (B) by striking ‘‘to collect a civil penalty 

18 imposed under this section,’’; and 

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

20 under this section,’’ and inserting ‘‘any liq21 uidated damages,’’. 

22 (c) APPLICABILITY.—The amendments made by sub23 sections (a) and (b) only apply to partnership agreements 

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

25 that at the request of a non-Federal interest for a project 
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1 the district engineer for the district in which the project 

2 is located may amend a project partnership agreement en3 tered into on or before such date and under which construc4 tion on the project has not been initiated as of such date 

5 of enactment for the purpose of incorporating such amend6 ments. 

7 (d) REFERENCES.—

8 (1) TO COOPERATION AGREEMENTS.—Any ref9 erence in a law, regulation, document, or other paper 

10 of the United States to a cooperation agreement or 

11 project cooperation agreement shall be treated to be a 

12 reference to a partnership agreement or a project 

13 partnership agreement, respectively. 

14 (2) TO PARTNERSHIP AGREEMENTS.—Any ref15 erence to a partnership agreement or project partner16 ship agreement in this Act (other than this section) 

17 shall be treated as a reference to a cooperation agree18 ment or a project cooperation agreement, respectively.

19 SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION, 

20 AND REUSE. 

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

22 and local governments assessment, planning, and design as23 sistance for remediation, environmental restoration, or 

24 reuse of areas located within the boundaries of such State 

25 or local governments where such remediation, environ-
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1 mental restoration, or reuse will contribute to the improve2 ment of water quality or the conservation of water and re3 lated resources of drainage basins and watersheds within 

4 the United States. 

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

6 the cost of assistance provided under subsection (a) shall 

7 be 50 percent. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $30,000,000 for each of fiscal years 2004 through 2008.

11 SEC. 2008. COMPILATION OF LAWS. 

12 Within one year after the date of enactment of this 

13 Act, the laws of the United States relating to the improve14 ment of rivers and harbors, flood control, beach erosion, and 

15 other water resources development enacted after November 

16 8, 1966, and before January 1, 2004, shall be compiled 

17 under the direction of the Secretary and the Chief of Engi18 neers and printed for the use of the Department of the 

19 Army, Congress, and the general public. The Secretary shall 

20 reprint the volumes containing such laws enacted before No21 vember 8, 1966. In addition, the Secretary shall include an 

22 index in each volume so compiled or reprinted. Not later 

23 than December 1, 2004, the Secretary shall transmit at least 

24 25 copies of each such volume to the Committee on Trans25 portation and Infrastructure of the House of Representa-
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1 tives and the Committee on Environment and Public Works 

2 of the Senate.

3 SEC. 2009. DREDGED MATERIAL DISPOSAL. 

4 Section 217 of the Water Resources Development Act 

5 of 1996 (33 U.S.C. 2326a; 110 Stat. 3694–3696) is amend6 ed—

7 (1) by redesignating subsection (c) as subsection 

8 (d); 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) GOVERNMENTAL PARTNERSHIPS.—

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

13 into cost-sharing agreements with 1 or more non-Fed14 eral public interests with respect to a project, or 

15 group of projects within a geographic region if appro16 priate, for the acquisition, design, construction, man17 agement, or operation of a dredged material proc18 essing, treatment, contaminant reduction, or disposal 

19 facility (including any facility used to demonstrate 

20 potential beneficial uses of dredged material, which 

21 may include effective sediment contaminant reduction 

22 technologies) using funds provided in whole or in part 

23 by the Federal Government. One or more of the par24 ties of the agreement may perform the acquisition, de25 sign, construction, management, or operation of a
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1 dredged material processing, treatment, or disposal 

2 facility. If appropriate, the Secretary may combine 

3 portions of separate construction or maintenance ap4 propriations from separate Federal projects with the 

5 appropriate combined cost-sharing between the var6 ious projects when the facility serves to manage 

7 dredged material from multiple Federal projects lo8 cated in the geographic region of the facility. 

9 ‘‘(2) PUBLIC FINANCING.—

10 ‘‘(A) AGREEMENTS.—

11 ‘‘(i) SPECIFIED FEDERAL FUNDING

12 SOURCES AND COST SHARING.—The cost13 sharing agreement used shall clearly specify 

14 the Federal funding sources and combined 

15 cost-sharing when applicable to multiple 

16 Federal navigation projects and the respon17 sibilities and risks of each of the parties re18 lated to present and future dredged material 

19 managed by the facility.

20 ‘‘(ii) MANAGEMENT OF SEDIMENTS.—

21 The cost-sharing agreement may include the 

22 management of sediments from the mainte23 nance dredging of Federal navigation 

24 projects that do not have partnership agree25 ments. The cost-sharing agreement may 
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1 allow the non-Federal sponsor to receive re2 imbursable payments from the Federal Gov3 ernment for commitments made by the 

4 sponsor for disposal or placement capacity 

5 at dredged material treatment, processing, 

6 contaminant reduction, or disposal facili7 ties. 

8 ‘‘(iii) CREDIT.—The cost-sharing 

9 agreement may allow costs incurred prior to 

10 execution of a partnership agreement for 

11 construction or the purchase of equipment 

12 or capacity for the project to be credited ac13 cording to existing cost-sharing rules. 

14 ‘‘(B) CREDIT.—Nothing in this subsection 

15 supersedes or modifies existing agreements be16 tween the Federal Government and any non-Fed17 eral sponsors for the cost-sharing, construction, 

18 and operation and maintenance of Federal navi19 gation projects. Subject to the approval of the 

20 Secretary and in accordance with existing laws, 

21 regulations, and policies, a non-Federal public 

22 sponsor of a Federal navigation project may seek 

23 credit for funds provided in the acquisition, de24 sign, construction, management, or operation of 

25 a dredged material processing, treatment, or dis-
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1 posal facility to the extent the facility is used to 

2 manage dredged material from the Federal navi3 gation project. The non-Federal sponsor shall be 

4 responsible for providing all necessary lands, 

5 easements, rights-of-way, or relocations associ6 ated with the facility and shall receive credit for 

7 these items.’’; and 

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

9 as so redesignated—

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

11 ‘‘operation’’; and 

12 (B) by inserting ‘‘processing, treatment, or’’ 

13 after ‘‘dredged material’’ the first place it ap14 pears. 

15 SEC. 2010. WETLANDS MITIGATION. 

16 In carrying out a water resources project that involves 

17 wetlands mitigation and that has impacts that occur within 

18 the service area of a mitigation bank, the Secretary, to the 

19 maximum extent practicable and where appropriate, shall 

20 give preference to the use of the mitigation bank if the bank 

21 contains sufficient available credits to offset the impact and 

22 the bank is approved in accordance with the Federal Guid23 ance for the Establishment, Use and Operation of Mitiga24 tion Banks (60 Fed. Reg. 58605) or other applicable Federal 

25 law (including regulations).
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1 SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. 

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

3 and navigation improvements, the Secretary may rec4 ommend a project without the need to demonstrate that the 

5 project is justified solely by national economic development 

6 benefits if the Secretary determines that—

7 (1)(A) the community to be served by the project 

8 is at least 70 miles from the nearest surface accessible 

9 commercial port and has no direct rail or highway 

10 link to another community served by a surface acces11 sible port or harbor; or 

12 (B) the project would be located in the Common13 wealth of Puerto Rico, Guam, the Commonwealth of 

14 the Northern Mariana Islands, or American Samoa; 

15 (2) the harbor is economically critical such that 

16 over 80 percent of the goods transported through the 

17 harbor would be consumed within the community 

18 served by the harbor and navigation improvement; 

19 and 

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

21 would be threatened without the harbor and naviga22 tion improvement. 

23 (b) JUSTIFICATION.—In considering whether to rec24 ommend a project under subsection (a), the Secretary shall 

25 consider the benefits of the project to—
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1 (1) public health and safety of the local commu2 nity, including access to facilities designed to protect 

3 public health and safety; 

4 (2) access to natural resources for subsistence 

5 purposes; 

6 (3) local and regional economic opportunities; 

7 (4) welfare of the local population; and 

8 (5) social and cultural value to the community.

9 SEC. 2012. BENEFICIAL USES OF DREDGED MATERIAL. 

10 (a) IN GENERAL.—Section 204 of the Water Resources 

11 Development Act of 1992 (33 U.S.C. 2326) is amended by 

12 striking subsections (c) through (g) and inserting the fol13 lowing: 

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

15 projects to transport and place suitable material dredged 

16 in connection with the construction, operation, or mainte17 nance of an authorized navigation project at locations se18 lected by a non-Federal entity for use in the construction, 

19 repair, or rehabilitation of projects determined by the Sec20 retary to be in the public interest and associated with navi21 gation, flood damage reduction, hydroelectric power, munic22 ipal and industrial water supply, agricultural water sup23 ply, recreation, hurricane and storm damage reduction, 

24 aquatic plant control, and environmental protection and 

25 restoration.
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1 ‘‘(d) COOPERATIVE AGREEMENT.—Any project under2 taken pursuant to this section shall be initiated only after 

3 non-Federal interests have entered into an agreement with 

4 the Secretary in which the non-Federal interests agree to 

5 pay the non-Federal share of the cost of construction of the 

6 project and 100 percent of the cost of operation, mainte7 nance, replacement, and rehabilitation of the project in ac8 cordance with section 103 of the Water Resources Develop9 ment Act of 1986 (33 U.S.C. 2213).

10 ‘‘(e) SPECIAL RULE.—Construction of a project under 

11 subsection (a) for the protection and restoration of aquatic 

12 and ecologically related habitat the cost of which does not 

13 exceed $750,000 and which will be located in a disadvan14 taged community as determined by the Secretary may be 

15 carried out at Federal expense. 

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

17 Costs associated with construction of a project under this 

18 section shall be limited solely to construction costs that are 

19 in excess of those costs necessary to carry out the dredging 

20 for construction, operation, or maintenance of the author21 ized navigation project in the most cost effective way, con22 sistent with economic, engineering, and environmental cri23 teria. 

24 ‘‘(g) SELECTION OF DREDGED MATERIAL DISPOSAL

25 METHOD.—In developing and carrying out a project for 
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1 navigation involving the disposal of dredged material, the 

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

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

4 if the Secretary determines that the incremental costs of 

5 such disposal method are reasonable in relation to the envi6 ronmental benefits, including the benefits to the aquatic en7 vironment to be derived from the creation of wetlands and 

8 control of shoreline erosion. The Federal share of such incre9 mental costs shall be determined in accordance with sub10 section (d). 

11 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding section 

12 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

13 5b), for any project carried out under this section, a non14 Federal interest may include a nonprofit entity, with the 

15 consent of the affected local government. 

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

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

18 projects under this section of which not more than 

19 $3,000,000 annually may be used for construction of 

20 projects described in subsection (e). Such sums shall remain 

21 available until expended. 

22 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLANNING.—

23 In consultation with appropriate State and Federal agen24 cies, the Secretary may develop, at Federal expense, plans 

25 for regional management of material dredged in conjunc-
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1 tion with the construction, operation, or maintenance of 

2 navigation projects, including potential beneficial uses of 

3 dredged material for construction, repair, or rehabilitation 

4 of public projects for navigation, flood damage reduction, 

5 hydroelectric power, municipal and industrial water sup6 ply, agricultural water supply, recreation, hurricane and 

7 storm damage reduction, aquatic plant control, and envi8 ronmental protection and restoration.’’. 

9 (b) REPEAL.—

10 (1) IN GENERAL.—Section 145 of the Water Re11 sources Development Act of 1976 (33 U.S.C. 426j) is 

12 repealed. 

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

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

15 Secretary to complete any project being carried out 

16 under such section 145 on the day before the date of 

17 enactment of this Act. 

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

19 the Water Resources Development Act of 1992 (33 U.S.C. 

20 2326), the Secretary shall give priority to a project for the 

21 beaches of Bogues Bank in the vicinity of Morehead City, 

22 North Carolina, and a project in the vicinity of the Smith 

23 Point Park Pavilion and the TWA Flight 800 Memorial, 

24 Brookhaven, New York.
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1 SEC. 2013. COST SHARING PROVISIONS FOR CERTAIN 

2 AREAS. 

3 Section 1156 of the Water Resources Development Act 

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

5 read as follows: 

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

7 AREAS. 

8 ‘‘The Secretary shall waive local cost-sharing require9 ments up to $500,000 for all studies and projects in the 

10 Commonwealth of Puerto Rico, American Samoa, Guam, 

11 the Commonwealth of the Northern Mariana Islands, and 

12 the United States Virgin Islands, in Indian country (as de13 fined in section 1151 of title 18, United States Code, and 

14 including lands that are within the jurisdictional area of 

15 an Oklahoma Indian tribe, as determined by the Secretary 

16 of the Interior, and are recognized by the Secretary of the 

17 Interior as eligible for trust land status under part 151 of 

18 title 25, Code of Federal Regulations) or on land in the 

19 State of Alaska conveyed to an Alaska Native Village Cor20 poration under the Alaska Native Claims Settlement Act 

21 (43 U.S.C. 1601 et seq.).’’.

22 SEC. 2014. REVISION OF PROJECT PARTNERSHIP AGREE23 MENT. 

24 Upon authorization by law of an increase in the max25 imum amount of Federal funds that may be allocated for 

26 a project or an increase in the total cost of a project author-
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1 ized to be carried out by the Secretary, the Secretary shall 

2 revise the project partnership agreement for the project to 

3 take into account the change in Federal participation in 

4 the project. 

5 SEC. 2015. COST SHARING. 

6 An increase in the maximum amount of Federal funds 

7 that may be allocated for a project or an increase in the 

8 total cost of a project authorized to be carried out by the 

9 Secretary shall not affect any cost sharing requirement ap10 plicable to the project under title I of the Water Resources 

11 Development Act of 1986 (33 U.S.C. 2211 et seq.). 

12 SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PART13 NERSHIP AGREEMENT. 

14 If the Secretary is authorized to credit toward the non15 Federal share the cost of work carried out by the non-Fed16 eral interest before the date of the partnership agreement 

17 for the project and such work has not been carried out as 

18 of the date of enactment of this Act, the Secretary shall enter 

19 into an agreement with the non-Federal interest for the 

20 project under which the non-Federal interest shall carry out 

21 such work, and the credit shall apply only to work carried 

22 out under the agreement.

23 SEC. 2017. RECREATION USER FEE REVENUES. 

24 Section 225 of the Water Resources Development Act 

25 of 1999 (113 Stat. 297–298) is amended—
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1 (1) in subsection (a)(1) by striking ‘‘During fis2 cal years 1999 through 2002, the’’ and inserting 

3 ‘‘The’’; and 

4 (2) in subsection (a)(3) by striking ‘‘September 

5 30, 2005’’ and inserting ‘‘expended’’.

6 SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

7 DAMAGE REDUCTION. 

8 The Secretary shall expedite any authorized planning, 

9 design, and construction of any project for flood damage 

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

11 has been subject to flooding that resulted in the loss of life 

12 and caused damage of sufficient severity and magnitude to 

13 warrant a declaration of a major disaster by the President 

14 under the Robert T. Stafford Disaster and Emergency Re15 lief Act (42 U.S.C. 5121 et seq.).

16 SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS. 

17 (a) IN GENERAL.—Section 729 of the Water Resources 

18 Development Act of 1986 (33 U.S.C. 2267a; 114 Stat. 2587–

19 2588; 100 Stat. 4164) is amended—

20 (1) in subsection (d)—

21 (A) by striking ‘‘and’’ at the end of para22 graph (4); 

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

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

25 (C) by adding at the end the following: 
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1 ‘‘(6) Sacramento-San Joaquin Delta, Cali2 fornia.’’; 

3 (2) by striking paragraph (1) of subsection (f) 

4 and inserting the following: 

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

6 share of the costs of an assessment carried out under 

7 this section on or after December 11, 2000, shall be 

8 25 percent.’’; and 

9 (3) by striking subsection (g). 

10 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

11 Secretary shall revise the partnership agreement for any as12 sessment being carried out under such section 729 to take 

13 into account the change in non-Federal participation in the 

14 assessment as a result of the amendments made by sub15 section (a).

16 SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. 

17 Section 203(b)(1)(B) of the Water Resources Develop18 ment Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat. 2589) 

19 is amended by inserting after ‘‘Code’’ the following ‘‘, and 

20 including lands that are within the jurisdictional area of 

21 an Oklahoma Indian tribe, as determined by the Secretary 

22 of the Interior, and are recognized by the Secretary of the 

23 Interior as eligible for trust land status under part 151 of 

24 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 element 

5 that would advance a primary mission of the Corps of En6 gineers, with benefits that could be achieved more cost-effec7 tively if carried out in conjunction with the project, the Sec8 retary, in consultation with the non-Federal interest, may 

9 carry out such separable element at Federal expense if the 

10 cost of such separable element does not exceed 3 percent of 

11 the Federal project cost and does not exceed $1,000,000. 

12 (b) OPERATION AND MAINTENANCE.—Operation and 

13 maintenance of a separable element of a project carried out 

14 under this section shall be a non-Federal responsibility. 

15 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

16 Nothing in this section shall be construed to increase the 

17 amount authorized to be appropriated for a project beyond 

18 that amount authorized by law or to provide a separate 

19 authorization of appropriations.

20 SEC. 2022. PROSECUTION OF WORK. 

21 Section 10 of the Rivers and Harbors Act of September 

22 22, 1922 (33 U.S.C. 621; 42 Stat. 1043), is amended by 

23 inserting after ‘‘harbors’’ the following: ‘‘, including any 

24 planning, engineering, design, construction, operation, and 

25 maintenance,’’. 
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1 SEC. 2023. WILDFIRE FIREFIGHTING. 

2 Section 309 of Public Law 102–154 (42 U.S.C. 1856a3 1; 105 Stat. 1034) is amended by inserting ‘‘the Secretary 

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

5 SEC. 2024. CREDIT FOR NONCONSTRUCTION SERVICES. 

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

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

8 project costs for any authorized water resources development 

9 project for the cost of materials and in-kind services, includ10 ing design and management services but not including con11 struction, provided by the non-Federal interest for imple12 mentation of the project. 

13 (b) LIMITATION.—Credit authorized under subsection 

14 (a)—

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

16 project costs; 

17 (2) shall not alter any other requirements that 

18 require a non-Federal interest to provide lands, ease19 ments, rights-of-way, and dredged material disposal 

20 areas for the project; 

21 (3) shall not exceed the actual and reasonable 

22 costs of the materials or in-kind services provided by 

23 the non-Federal interest, as determined by the Sec24 retary; and 
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1 (4) shall not be allowed unless the Secretary has 

2 determined that such materials or services are com3 patible with and necessary for the project.

4 SEC. 2025. TECHNICAL ASSISTANCE. 

5 Section 22 of Water Resources Development Act of 

6 1974 (42 U.S.C. 1962d–16) is amended—

7 (1) in subsection (a) by striking ‘‘The Secretary’’ 

8 and inserting the following: 

9 ‘‘(a) FEDERAL STATE COOPERATION.—

10 ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’; 

11 (2) by inserting after the last sentence in sub12 section (a) the following: 

13 ‘‘(2) TECHNICAL ASSISTANCE.—

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

15 governmental agency or non-Federal inter16 est, the Secretary may provide, at Federal 

17 expense, technical assistance to such agency 

18 or non-Federal interest in managing water 

19 resources. 

20 ‘‘(B) TYPES OF ASSISTANCE.—Tech21 nical assistance under this paragraph may 

22 include provision and integration of hydro23 logic, economic, and environmental data 

24 and analyses.’’
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1 (3) in subsection (b)(1) by striking ‘‘this section’’ 

2 each place it appears and inserting ‘‘subsection 

3 (a)(1)’’; 

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

5 and inserting the following: 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) FEDERAL AND STATE COOPERATION.—There 

8 is’’; 

9 (5) in subsection (c) strike ‘‘the provisions of this 

10 section’’ and insert ‘‘subsection (a)(1);’’; and 

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

12 following: 

13 ‘‘(2) TECHNICAL ASSISTANCE.—There is author14 ized to be appropriated $5,000,000 annually to carry 

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

16 $2,000,000 annually may be used by the Secretary to 

17 enter into cooperative agreements with nonprofit or18 ganizations to provide assistance to rural and small 

19 communities.’’.

20 SEC. 2026. CENTERS OF SPECIALIZED PLANNING EXPER21 TISE. 

22 (a) ESTABLISHMENT.—The Secretary is authorized to 

23 establish centers to provide specialized planning expertise 

24 for water resources projects to be carried out by the Sec-
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1 retary to enhance and supplement the capabilities of the 

2 districts of the Army Corps of Engineers. 

3 (b) DUTIES.—A center of expertise shall have the fol4 lowing duties: 

5 (1) Providing technical and managerial assist6 ance to district engineers for project planning, devel7 opment, and implementation. 

8 (2) Providing peer reviews of new major sci9 entific, engineering, or economic methods, models or 

10 analyses that will be used to support decisions of the 

11 Secretary with respect to feasibility studies. 

12 (3) Providing support for external peer review 

13 panels convened by the Secretary. 

14 (4) Performing such other duties as prescribed by 

15 the Secretary.

16 SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, 

17 STATE, AND LOCAL ACTIONS. 

18 (a) NOTICE OF INTENT.—Upon request of the non-Fed19 eral interest in the form of a written notice of intent to 

20 construct or modify a non-Federal water supply, waste21 water infrastructure, flood damage reduction, environ22 mental restoration, or navigation project that requires the 

23 approval of the Secretary, the Secretary shall initiate, sub24 ject to subsection (g)(1), procedures to establish a schedule 

25 for consolidating Federal, State, and local agency and In-
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1 dian tribe environmental assessments, project reviews, and 

2 issuance of all permits for the construction or modification 

3 of the project. The non-Federal interest shall submit to the 

4 Secretary, with the notice of intent, studies and documenta5 tion, including environmental reviews, that may be re6 quired by Federal law for decisionmaking on the proposed 

7 project. All States and Indian tribes having jurisdiction 

8 over the proposed project shall be invited by the Secretary, 

9 but shall not be required, to participate in carrying out 

10 this section with respect to the project. 

11 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

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

13 shall publish such notice in the Federal Register. The Sec14 retary also shall provide written notification of the receipt 

15 of a notice under subsection (a) to all State and local agen16 cies and Indian tribes that may be required to issue permits 

17 for the construction of the project or related activities. The 

18 Secretary shall solicit the cooperation of those agencies and 

19 request their entry into a memorandum of agreement de20 scribed in subsection (c) with respect to the project. Within 

21 30 days after publication of the notice in the Federal Reg22 ister, State and local agencies and Indian tribes that intend 

23 to enter into the memorandum of agreement with respect 

24 to the project shall notify the Secretary of their intent in 

25 writing. 
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1 (c) SCHEDULING AGREEMENT.—Within 90 days after 

2 the date of receipt of notice under subsection (a) with re3 spect to a project, the Secretary of the Interior, the Sec4 retary of Commerce, and the Administrator of the Environ5 mental Protection Agency, as necessary, and any State or 

6 local agencies that have notified the Secretary under sub7 section (b) shall enter into an agreement with the Secretary 

8 establishing a schedule of decisionmaking for approval of 

9 the project and permits associated with the project and with 

10 related activities. 

11 (d) CONTENTS OF AGREEMENT.—An agreement en12 tered into under subsection (c) with respect to a project, 

13 to the extent practicable, shall consolidate hearing and com14 ment periods, procedures for data collection and report 

15 preparation, and the environmental review and permitting 

16 processes associated with the project and related activities. 

17 The agreement shall detail, to the extent possible, the non18 Federal interest’s responsibilities for data development and 

19 information that may be necessary to process each permit 

20 required for the project, including a schedule when the in21 formation and data will be provided to the appropriate 

22 Federal, State, or local agency or Indian tribe. 

23 (e) REVISION OF AGREEMENT.—The Secretary may re24 vise an agreement entered into under subsection (c) with 

25 respect to a project once to extend the schedule to allow the 
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1 non-Federal interest the minimum amount of additional 

2 time necessary to revise its original application to meet the 

3 objections of a Federal, State, or local agency or Indian 

4 tribe that is a party to the agreement. 

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

6 a schedule established by an agreement entered into under 

7 subsection (c) with respect to a project, the Secretary shall 

8 notify the non-Federal interest of the final decision on the 

9 project and whether the permit or permits have been issued. 

10 (g) REIMBURSEMENT.—

11 (1) COSTS OF COORDINATION.—The costs in12 curred by the Secretary to establish and carry out a 

13 schedule to consolidate Federal, State, and local agen14 cy and Indian tribe environmental assessments, 

15 project reviews, and permit issuance for a project 

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

17 interest. 

18 (2) COSTS INCURRED TO EXPEDITE PERMITS

19 AND REVIEWS.—

20 (A) ACCEPTANCE OF NON-FEDERAL

21 FUNDS.—The Secretary may accept funds from 

22 the non-Federal interest to hire additional staff 

23 or obtain the services of consultants, or to pro24 vide financial, technical, and administrative 

25 support to agencies that have entered into an
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1 agreement with the Secretary under subsection 

2 (c) with respect to a project in order to facilitate 

3 the timely processing, review, and completion of 

4 applicable Federal, State, and local agency and 

5 Indian tribe environmental assessments, project 

6 reviews, and permits for the project. 

7 (B) USE OF FUNDS.—Funds accepted under 

8 this paragraph shall be used to supplement exist9 ing resources of the Secretary or a participating 

10 agency. 

11 (C) ASSURANCE OF LEVEL OF SERVICE AND

12 IMPARTIALITY.—The Secretary shall ensure that 

13 the Department of the Army and any partici14 pating agency that accepts funds under this 

15 paragraph shall continue to provide the same 

16 level of service to other projects and other respon17 sibilities not covered by this section as it would 

18 provide notwithstanding any activities carried 

19 out under this section and that acceptance of 

20 such funds will not impact impartial decision21 making either substantively or procedurally. 

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

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

24 Secretary shall prepare and transmit to Congress a report 

25 estimating the time required for the issuance of all Federal, 
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1 State, local, and tribal permits for the construction of non2 Federal projects for water supply, wastewater infrastruc3 ture, flood damage reduction, environmental restoration, 

4 and navigation. The Secretary shall include in that report 

5 recommendations for further reducing the amount of time 

6 required for the issuance of those permits, including any 

7 proposed changes in existing law.

8 SEC. 2028. PROJECT STREAMLINING. 

9 (a) POLICY.—The benefits of water resources projects 

10 are important to the Nation’s economy and environment, 

11 and recommendations to Congress regarding such projects 

12 should not be delayed due to uncoordinated and sequential 

13 environmental reviews or the failure to timely resolve dis14 putes during the development of water resources projects.

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

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

17 a feasibility report under section 905 of the Water Resources 

18 Development Act of 1986 (33 U.S.C. 2282), or a reevalua19 tion report, for a water resources project if the Secretary 

20 determines that such study requires an environmental im21 pact statement under the National Environmental Policy 

22 Act of 1969 (42 U.S.C. 4321 et seq.). 

23 (c) WATER RESOURCES PROJECT REVIEW PROC24 ESS.—The Secretary shall develop and implement a coordi25 nated review process for water resources projects. 
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1 (d) COORDINATED REVIEWS.—

2 (1) IN GENERAL.—The coordinated review proc3 ess under this section shall provide that all environ4 mental reviews, analyses, opinions, permits, licenses, 

5 and approvals that must be issued or made by a Fed6 eral, State, or local government agency or Indian 

7 tribe for a water resources project will be conducted 

8 concurrently, to the maximum extent practicable, and 

9 completed within a time period established by the 

10 Secretary, in cooperation with the agencies identified 

11 under subsection (e) with respect to the project. 

12 (2) AGENCY PARTICIPATION.—Each Federal 

13 agency identified under subsection (e) shall formulate 

14 and implement administrative, policy, and proce15 dural mechanisms to enable the agency to ensure com16 pletion of environmental reviews, analyses, opinions, 

17 permits, licenses, and approvals described in para18 graph (1) in a timely and environmentally respon19 sible manner. 

20 (e) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—

21 With respect to each water resources project, the Secretary 

22 shall identify, as soon as practicable, all Federal, State, and 

23 local government agencies and Indian tribes that may have 

24 jurisdiction over environmental-related matters that may be 

25 affected by the project or may be required by law to conduct 
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1 an environmental-related review or analysis of the project 

2 or determine whether to issue an environmental-related per3 mit, license, or approval for the project. 

4 (f) STATE AUTHORITY.—If a coordinated review proc5 ess is being implemented under this section by the Secretary 

6 with respect to a water resources project within the bound7 aries of a State, the State, consistent with State law, may 

8 choose to participate in such process and provide that all 

9 State agencies that have jurisdiction over environmental10 related matters that may be affected by the project or may 

11 be required by law to conduct an environmental-related re12 view or analysis of the project or determine whether to issue 

13 an environmental-related permit, license, or approval for 

14 the project, be subject to the process. 

15 (g) MEMORANDUM OF UNDERSTANDING.—The coordi16 nated review process developed under this section may be 

17 incorporated into a memorandum of understanding for a 

18 project between the Secretary and the heads of other Fed19 eral, State, and local government agencies and Indian 

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

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

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

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

24 the Secretary determines that a Federal, State, or 

25 local government agency, Indian tribe, or non-Federal 
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1 interest that is participating in a coordinated review 

2 process under this section with respect to a project 

3 has not met a deadline established under subsection 

4 (d) for the project, the Secretary shall notify, within 

5 30 days of the date of such determination, the Com6 mittee on Transportation and Infrastructure of the 

7 House of Representatives, the Committee on Environ8 ment and Public Works of the Senate, the Council on 

9 Environmental Quality, and the agency, Indian tribe, 

10 or non-Federal interest involved about the failure to 

11 meet the deadline. 

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

13 after the date of receipt of a notice under paragraph 

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

15 Indian tribe, or non-Federal interest involved shall 

16 submit a report to the Secretary, the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives, the Committee on Environment and 

19 Public Works of the Senate, and the Council on Envi20 ronmental Quality explaining why the agency, In21 dian tribe, or non-Federal interest did not meet the 

22 deadline and what actions it intends to take to com23 plete or issue the required review, analysis, opinion, 

24 permit, license, or approval.
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1 (i) PURPOSE AND NEED AND DETERMINATION OF

2 REASONABLE ALTERNATIVES.—

3 (1) IN GENERAL.—As an official of the lead Fed4 eral agency that is responsible for carrying out a 

5 study to which this section applies and its associated 

6 process for meeting the requirements of the National 

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

8 seq.) and as the Federal agency with expertise in 

9 water resources development, the Secretary, in car10 rying out such study and process, shall—

11 (A) define the purpose and need for the pro12 posed water resources project; and 

13 (B) determine which alternatives are rea14 sonable and may be reasonably anticipated to 

15 meet project purposes and needs. 

16 (2) STREAMLINING STUDY.—To streamline a 

17 study to which this section applies and its associated 

18 process for meeting the requirements of the National 

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

20 seq.), the Secretary may eliminate from consideration 

21 any alternatives the Secretary determines are not rea22 sonable or are not reasonably anticipated to meet 

23 project purposes and needs. 

24 (j) SOLICITATION AND CONSIDERATION OF COM25 MENTS.—In applying subsection (i), the Secretary shall so-
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1 licit, consider, and respond to comments from interested 

2 persons and governmental entities. 

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

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

5 shall develop and publish a list of categorical exclusions 

6 from the requirement that an environmental assessment or 

7 an environmental impact statement be prepared under the 

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

9 4321 et seq.) for water resources projects. 

10 (l) LIMITATIONS.—Nothing in this section shall pre11 empt or interfere with—

12 (1) any practice of seeking public comment; 

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

14 Federal, State, or local government agency, Indian 

15 tribe, or non-Federal interest has with respect to car16 rying out a water resources project; or 

17 (3) any obligation to comply with the provisions 

18 of the National Environmental Policy Act of 1969 (42 

19 U.S.C. 4371 et seq.) and the regulations issued by the 

20 Council on Environmental Quality to carry out such 

21 Act. 

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

23 enactment of this Act, the Chief of Engineers shall establish 

24 benchmarks for determining the length of time it should take 

25 to conduct a feasibility study for a water resources develop-
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1 ment project and its associated review process under the Na2 tional Environmental Policy Act of 1969 (42 U.S.C. 4371 

3 et seq.). Benchmarks may be established for activities based 

4 on project type, size, cost, and complexity. The Chief of En5 gineers shall use such benchmarks as a management tool 

6 to make the feasibility study process more efficient in all 

7 districts of the Army Corps of Engineers. 

8 SEC. 2029. LAKES PROGRAM. 

9 Section 602(a) of the Water Resources Development 

10 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) 

11 is amended—

12 (1) by striking ‘‘and’’ at end of paragraph (18); 

13 (2) by striking the period at the end of para14 graph (19) and inserting a semicolon; and 

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

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

17 removal of silt and aquatic growth and measures to 

18 address excessive sedimentation; 

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

20 Jersey, removal of silt and restoration of structural 

21 integrity; 

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

23 York, removal of silt and aquatic growth; and 
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1 ‘‘(23) Lake Rodgers, Creedmoor, North Carolina, 

2 removal of silt and excessive nutrients and restoration 

3 of structural integrity.’’.

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

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

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

7 2283(a)) is amended by adding at the following: 

8 ‘‘(3) COMPLETION OF MITIGATION.—In those in9 stances in which it is not technically practicable to 

10 complete mitigation concurrent with the last day of 

11 project construction because of the nature of the miti12 gation to be undertaken, the Secretary shall complete 

13 the required mitigation as expeditiously as prac14 ticable, but in no case later than the last day of the 

15 first fiscal year beginning after the last day of con16 struction of the project or separable element of the 

17 project.’’. 

18 (b) MITIGATION PLAN CONTENTS.—Section 906(d) of 

19 such Act (33 U.S.C. 2283(d)) is amended by adding at the 

20 end the following: 

21 ‘‘(3) CONTENTS.—A mitigation plan shall in22 clude—

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

24 be undertaken to achieve the mitigation objectives 

25 within the watershed in which such losses occur
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1 and, in any case in which mitigation must take 

2 place outside the watershed, a justification de3 tailing the rationale for undertaking the mitiga4 tion outside of the watershed; 

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

6 in lands to be acquired for mitigation and the 

7 basis for a determination that such lands are 

8 available for acquisition; 

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

10 of the habitat being restored; 

11 ‘‘(D) success criteria for mitigation based 

12 on replacement of lost functions and values of the 

13 habitat, including hydrologic and vegetative 

14 characteristics; and 

15 ‘‘(E) a plan for any necessary monitoring 

16 to determine the success of the mitigation, in17 cluding the cost and duration of any monitoring, 

18 and to the extent practicable, the entities respon19 sible for any monitoring. 

20 ‘‘(4) RESPONSIBILITY FOR MONITORING.—In any 

21 case in which it is not practicable to identify in a 

22 mitigation plan for a water resources project, the en23 tity responsible for monitoring at the time of a final 

24 report of the Chief of Engineers or other final decision 

25 document for the project, such entity shall be identi-
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1 fied in the partnership agreement entered into with 

2 the non-Federal interest.’’. 

3 (c) STATUS REPORT.—

4 (1) IN GENERAL.—Concurrent with the Presi5 dent’s submission to Congress of the President’s re6 quest for appropriations for the Civil Works Program 

7 for a fiscal year, the Secretary shall submit to the 

8 Committee on Transportation and Infrastructure of 

9 the House of Representatives and the Committee on 

10 the Environment and Public Works of the Senate a 

11 report on the status of construction of projects that re12 quire mitigation under section 906 of Water Re13 sources Development Act 1986 (33 U.S.C. 2283; 100 

14 Stat. 4186) and the status of such mitigation. 

15 (2) PROJECTS INCLUDED.—The status report 

16 shall include the status of all projects that are under 

17 construction, all projects for which the President re18 quests funding for the next fiscal year, and all 

19 projects that have completed construction, but have 

20 not completed the mitigation required under section 

21 906 of the Water Resources Development Act of 1986.

22 SEC. 2031. COOPERATIVE AGREEMENTS. 

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

24 cost-effective design and construction of wetlands restora25 tion that is part of an authorized water resources project, 
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1 the Secretary may enter into cooperative agreements under 

2 section 6305 of title 31, United States Code, with nonprofit 

3 organizations with expertise in wetlands restoration to 

4 carry out such design and construction on behalf of the Sec5 retary. 

6 (b) LIMITATIONS.—

7 (1) PER PROJECT LIMIT.—A cooperative agree8 ment under this section shall not obligate the Sec9 retary to pay the nonprofit organization more than 

10 $1,000,000 for any single wetlands restoration 

11 project. 

12 (2) ANNUAL LIMIT.—The total value of work car13 ried out under cooperative agreements under this sec14 tion may not exceed $5,000,000 in any fiscal year. 

15 SEC. 2032. PROJECT PLANNING. 

16 (a) OBJECTIVES.—

17 (1) FLOOD CONTROL, NAVIGATION, AND HURRI18 CANE AND STORM DAMAGE REDUCTION PROJECTS.—

19 The Federal objective of any study of the feasibility 

20 of a water resources project carried out by the Sec21 retary for flood damage reduction, navigation, or hur22 ricane and storm damage reduction shall be to maxi23 mize the net national economic development benefits 

24 associated with the project, consistent with protecting 

25 the Nation’s environment. 
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1 (2) ECOSYSTEM RESTORATION PROJECTS.—The 

2 Federal objective of any study of the feasibility of a 

3 water resources project for ecosystem restoration car4 ried out by the Secretary shall be to maximize the net 

5 national ecosystem restoration benefits associated 

6 with the project, consistent with national economic 

7 development. 

8 (3) PROJECTS WITH MULTIPLE PURPOSES.—In 

9 the case of a study that includes multiple project pur10 poses, the primary and other project purposes shall be 

11 evaluated, based on the relevant Federal objective 

12 identified under paragraphs (1) and (2). 

13 (4) SELECTION OF PROJECT ALTERNATIVES.—

14 (A) IN GENERAL.—Notwithstanding the 

15 Federal objectives identified in this subsection, 

16 the Secretary may select a project alternative 

17 that does not maximize net benefits if there is an 

18 overriding reason based upon other Federal, 

19 State, local, or international concerns. 

20 (B) FLOOD DAMAGE REDUCTION, NAVIGA21 TION, AND HURRICANE STORM DAMAGE REDUC22 TION PROJECTS.—With respect to a water re23 sources project described in paragraph (1), an 

24 overriding reason for selecting a plan other than 

25 the plan that maximizes national economic de-
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1 velopment benefits may be if the Secretary deter2 mines, and the non-Federal interest concurs, that 

3 an alternative plan is feasible and achieves the 

4 project purposes while providing greater eco5 system restoration benefits. 

6 (C) ECOSYSTEM RESTORATION PROJECTS.—

7 With respect to a water resources project de8 scribed in paragraph (2), an overriding reason 

9 for selecting a plan other than the plan that 

10 maximizes national ecosystem restoration bene11 fits may be if the Secretary determines, and the 

12 non-Federal interest concurs, that an alternative 

13 is feasible and achieves the project purpose while 

14 providing greater economic development benefits. 

15 (b) IDENTIFYING ADDITIONAL BENEFITS AND

16 PROJECTS.—

17 (1) PRIMARILY ECONOMIC BENEFITS.—In con18 ducting a study of the feasibility of a project where 

19 the primary benefits are expected to be economic, the 

20 Secretary may identify ecosystem restoration benefits 

21 that may be achieved in the study area and, after ob22 taining the participation of a non-Federal interest, 

23 may study and recommend construction of a separate 

24 project or separable project element to achieve those 

25 benefits.
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1 (2) PRIMARILY ECOSYSTEM RESTORATION BENE2 FITS.—In conducting a study of the feasibility of a 

3 project where the primary benefits are expected to be 

4 associated with ecosystem restoration, the Secretary 

5 may identify economic benefits that may be achieved 

6 in the study area and, after obtaining the participa7 tion of a non-Federal interest, may study and rec8 ommend construction of a separate project or sepa9 rable project element to achieve those benefits. 

10 (3) RULES APPLICABLE TO IDENTIFIED SEPA11 RATE PROJECTS AND ELEMENTS.—Any separate 

12 project or separable element identified under para13 graph (1) or (2) and recommended for construction 

14 shall not be considered integral to the underlying 

15 project under study and, if authorized, shall be subject 

16 to a separate partnership agreement, unless a non17 Federal interest agrees to share in the cost of both 

18 projects or separable elements. 

19 (c) CALCULATION OF BENEFITS AND COSTS FOR

20 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 

21 study for a project for flood damage reduction shall include, 

22 as part of the calculation of benefits and costs—

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

24 following completion of the proposed project; 
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1 (2) a calculation of any upstream or down2 stream impacts of the proposed project; and 

3 (3) calculations to ensure that the benefits and 

4 costs associated with structural and nonstructural al5 ternatives are evaluated in an equitable manner.

6 SEC. 2033. INDEPENDENT PEER REVIEW. 

7 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

8 PEER REVIEW.—

9 (1) IN GENERAL.—Project studies shall be subject 

10 to a peer review by an independent panel of experts 

11 as determined under this section. 

12 (2) SCOPE.—The peer review may include a re13 view of the economic and environmental assumptions 

14 and projections, project evaluation data, economic 

15 analyses, environmental analyses, engineering anal16 yses, formulation of alternative plans, methods for in17 tegrating risk and uncertainty, models used in eval18 uation of economic or environmental impacts of pro19 posed projects, and any biological opinions of the 

20 project study. 

21 (3) PROJECT STUDIES SUBJECT TO PEER RE22 VIEW.—

23 (A) MANDATORY.—A project study shall be 

24 subject to peer review under paragraph (1) if the 

25 project has an estimated total cost of more than 
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1 $50,000,000, including mitigation costs, and is 

2 not determined by the Chief of Engineers to be 

3 exempt from peer review under paragraph (6). 

4 (B) DISCRETIONARY.—A project study may 

5 be subject to peer review if—

6 (i) the Governor of an affected State 

7 requests a peer review by an independent 

8 panel of experts; 

9 (ii) the head of a Federal or State 

10 agency charged with reviewing the project 

11 study determines that the project is likely to 

12 have a significant adverse impact on envi13 ronmental, cultural, or other resources 

14 under the jurisdiction of the agency after 

15 implementation of proposed mitigation 

16 plans and requests a peer review by an 

17 independent panel of experts; or 

18 (iii) the Chief of Engineers determines 

19 that the project study is controversial. 

20 (4) CONTROVERSIAL PROJECTS.—Upon receipt of 

21 a written request under paragraph (3)(B) or on the 

22 initiative of the Chief of Engineers, the Chief of Engi23 neers shall determine whether a project study is con24 troversial. 
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1 (5) FACTORS TO CONSIDER.—In determining 

2 whether a project study is controversial, the Chief of 

3 Engineers shall consider if—

4 (A) there is a significant public dispute as 

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

6 (B) there is a significant public dispute as 

7 to the economic or environmental costs or bene8 fits of the project. 

9 (6) PROJECT STUDIES EXCLUDED FROM PEER

10 REVIEW.—Project studies that may be excluded from 

11 peer review under paragraph (1) are—

12 (A) a study for a project the Chief of Engi13 neers determines—

14 (i) is not controversial; 

15 (ii) has no more than negligible ad16 verse impacts on scarce or unique cultural, 

17 historic, or tribal resources; 

18 (iii) has no substantial adverse im19 pacts on fish and wildlife species and their 

20 habitat prior to the implementation of miti21 gation measures; and 

22 (iv) has, before implementation of 

23 mitigation measures, no more than a neg24 ligible adverse impact on a species listed as 

25 endangered or threatened species under the 
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1 Endangered Species Act of 1973 (16 U.S.C. 

2 1539 et seq.) or the critical habitat of such 

3 species designated under such Act; and 

4 (B) a study for a project pursued under sec5 tion 205 of the Flood Control Act of 1948 (33 

6 U.S.C. 701s), section 2 of the Flood Control Act 

7 of August 28, 1937 (33 U.S.C. 701g), section 14 

8 of the Flood Control Act of 1946 (33 U.S.C. 

9 701r), section 107(a) of the River and Harbor 

10 Act of 1960 (33 U.S.C. 577(a)), section 3 of the 

11 Act entitled ‘‘An Act authorizing Federal par12 ticipation in the cost of protecting the shores of 

13 publicly owned property’’, approved August 13, 

14 1946 (33 U.S.C. 426g), section 111 of the River 

15 and Harbor Act of 1968 (33 U.S.C. 426i), sec16 tion 3 of the Act entitled ‘‘An Act authorizing 

17 the construction, repair, and preservation of cer18 tain public works on rivers and harbors, and for 

19 other purposes’’, approved March 2, 1945 (33 

20 U.S.C. 603a), section 1135 of the Water Re21 sources Development Act of 1986 (33 U.S.C. 

22 2309a), section 206 of the Water Resources De23 velopment Act of 1996 (33 U.S.C. 2330), or sec24 tion 204 of the Water Resources Development Act 

25 of 1992 (33 U.S.C. 2326).
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1 (7) APPEAL.—The decision of the Chief of Engi2 neers whether to peer review a project study shall be 

3 published in the Federal Register and shall be subject 

4 to appeal by a person referred to in paragraph 

5 (3)(B)(i) or (3)(B)(ii) to the Secretary of the Army 

6 if such appeal is made within the 30-day period fol7 lowing the date of such publication. 

8 (8) DETERMINATION OF PROJECT COST.—For 

9 purposes of determining the estimated total cost of a 

10 project under paragraph (3)(A), the project cost shall 

11 be based upon the reasonable estimates of the Chief of 

12 Engineers at the completion of the reconnaissance 

13 study for the project. If the reasonable estimate of 

14 project costs is subsequently determined to be in excess 

15 of the amount in paragraph (3)(A), the Chief of Engi16 neers shall make a determination whether a project 

17 study should be reviewed under this section. 

18 (b) TIMING OF PEER REVIEW.—The Chief of Engineers 

19 shall determine the timing of a peer review of a project 

20 study under subsection (a). In all cases, the peer review 

21 shall occur during the period beginning on the date of the 

22 completion of the reconnaissance study for the project and 

23 ending on the date the draft report of the Chief of Engineers 

24 for the project is made available for public comment. Where 

25 the Chief of Engineers has not initiated a peer review of 
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1 a project study, the Chief of Engineers shall consider, at 

2 a minimum, whether to initiate a peer review at the time 

3 that—

4 (1) the without project conditions are identified; 

5 (2) the array of alternatives to be considered are 

6 identified; and 

7 (3) the preferred alternative is identified. 

8 Nothing in this subsection shall be construed to require the 

9 Chief of Engineers to conduct multiple peer reviews for a 

10 project study. 

11 (c) ESTABLISHMENT OF PANELS.—

12 (1) IN GENERAL.—For each project study subject 

13 to peer review under subsection (a), as soon as prac14 ticable after the Chief of Engineers determines that a 

15 project study will be subject to peer review, the Chief 

16 of Engineers shall contract with the National Acad17 emy of Sciences (or a similar independent scientific 

18 and technical advisory organization), or an eligible 

19 organization, to establish a panel of experts to peer 

20 review the project study for technical and scientific 

21 sufficiency. 

22 (2) MEMBERSHIP.—A panel of experts estab23 lished for a project study under this section shall be 

24 composed of independent experts who represent a bal-
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1 ance of areas of expertise suitable for the review being 

2 conducted. 

3 (3) LIMITATION ON APPOINTMENTS.—An indi4 vidual may not be selected to serve on a panel of ex5 perts established for a project study under this section 

6 if the individual has a financial or close professional 

7 association with any organization or group with a 

8 strong financial or organizational interest in the 

9 project. 

10 (4) CONGRESSIONAL NOTIFICATION.—Upon iden11 tification of a project study for peer review under this 

12 section, but prior to initiation of any review, the 

13 Chief of Engineers shall notify the Committee on En14 vironment and Public Works of the Senate and the 

15 Committee on Transportation and Infrastructure of 

16 the House of Representatives of such review. 

17 (d) DUTIES OF PANELS.—A panel of experts estab18 lished for a peer review for a project study under this sec19 tion shall, consistent with the scope of the referral for re20 view—

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

22 submitted to the panel for review; 

23 (2) assess the adequacy and acceptability of the 

24 economic and environmental methods, models, and 

25 analyses used by the Chief of Engineers; 
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1 (3) provide timely written and oral comments to 

2 the Chief of Engineers throughout the development of 

3 the project study, as requested; and 

4 (4) submit to the Chief of Engineers a final re5 port containing the panel’s economic, engineering, 

6 and environmental analysis of the project study, in7 cluding the panel’s assessment of the adequacy and 

8 acceptability of the economic and environmental 

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

10 Engineers, to accompany the publication of the 

11 project study. 

12 (e) DURATION OF PROJECT STUDY PEER REVIEWS.—

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

14 (A) complete its peer review under this sec15 tion for a project study and submit a report to 

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

17 within 180 days after the date of establishment 

18 of the panel, or, if the Chief of Engineers deter19 mines that a longer period of time is necessary, 

20 such period of time established by the Chief of 

21 Engineers, but in no event later than 90 days 

22 after the date a draft project study is made 

23 available for public review; and 

24 (B) terminate on the date of submission of 

25 the report. 
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1 (2) FAILURE TO MEET DEADLINE.—If a panel 

2 does not complete its peer review of a project study 

3 under this section and submit a report to the Chief 

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

5 deadline established by paragraph (1) for the project 

6 study, the Chief of Engineers shall continue the 

7 project study for the project that is subject to peer re8 view by the panel without delay. 

9 (f) RECOMMENDATIONS OF PANEL.—

10 (1) CONSIDERATION BY THE CHIEF OF ENGI11 NEERS.—After receiving a report on a project study 

12 from a panel of experts under this section and before 

13 entering a final record of decision for the project, the 

14 Chief of Engineers shall consider any recommenda15 tions contained in the report and prepare a written 

16 response for any recommendations adopted or not 

17 adopted. 

18 (2) PUBLIC AVAILABILITY AND TRANSMITTAL TO

19 CONGRESS.—After receiving a report on a project 

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

21 Chief of Engineers shall—

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

23 written response of the Chief of Engineers on rec24 ommendations contained in the report available 

25 to the public; and
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1 (B) transmit to Congress a copy of the re2 port, together with any such written response, on 

3 the date of a final report of the Chief of Engi4 neers or other final decision document for a 

5 project study that is subject to peer review by the 

6 panel. 

7 (g) COSTS.—

8 (1) IN GENERAL.—The costs of a panel of experts 

9 established for a peer review under this section—

10 (A) shall be a Federal expense; and 

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

12 (2) WAIVER.—The Chief of Engineers may waive 

13 the $500,000 limitation contained in paragraph 

14 (1)(B) in cases that the Chief of Engineers determines 

15 appropriate. 

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

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

18 period preceding the date of enactment of this Act and 

19 for which the array of alternatives to be considered 

20 has not been identified; and 

21 (2) project studies initiated during the period be22 ginning on such date of enactment and ending 4 

23 years after such date of enactment. 
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1 (i) REPORT.—Within 4 1/2 years of the date of enact2 ment of this section, the Chief of Engineers shall submit 

3 a report to Congress on the implementation of this section. 

4 (j) NONAPPLICABILITY OF FACA.—The Federal Advi5 sory Committee Act (5 U.S.C. App.) shall not apply to any 

6 peer review panel established under this section. 

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

8 be construed to affect any authority of the Chief of Engi9 neers to cause or conduct a peer review of a water resources 

10 project existing on the date of enactment of this section. 

11 (l) DEFINITIONS.—In this section, the following defini12 tions apply: 

13 (1) PROJECT STUDY.—The term ‘‘project study’’ 

14 means a feasibility study or reevaluation study for a 

15 project. The term also includes any other study asso16 ciated with a modification or update of a project that 

17 includes an environmental impact statement, includ18 ing the environmental impact statement. 

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

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

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

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

23 would be economically or environmentally affected as 

24 a consequence of the project. 
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1 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi2 ble organization’’ means an organization that—

3 (A) is described in section 501(c)(3), and 

4 exempt from Federal tax under section 501(a), of 

5 the Internal Revenue Code of 1986; 

6 (B) is independent; 

7 (C) is free from conflicts of interest; 

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

9 against Federal water resources projects; and 

10 (E) has experience in establishing and ad11 ministering peer review panels. 

12 TITLE III—PROJECT-RELATED 

13 PROVISIONS 

14 SEC. 3001. COOK INLET, ALASKA. 

15 (a) ANCHORAGE HARBOR.—The project for navigation 

16 improvements, Cook Inlet, Alaska (Anchorage Harbor, Alas17 ka), authorized by section 101 of the River and Harbor Act 

18 of 1958 (72 Stat. 299) and modified by section 199 of the 

19 Water Resources Development Act of 1976 (90 Stat. 2944), 

20 is further modified to direct the Secretary to establish a har21 bor depth of minus 45 feet mean lower low water for a 

22 length of 5,200 feet at the modified Port of Anchorage inter23 modal marine facility at each phase as such phases are 

24 completed and thereafter as the entire project is completed, 

25 at a total cost of $8,175,000. Federal maintenance shall 
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1 continue for the existing facility until the modified facility 

2 is completed. Federal maintenance of the modified project 

3 shall be in accordance with such section 101; except that 

4 the project shall be maintained at a depth of minus 45 feet 

5 mean lower low water for such 5,200 feet, at an estimated 

6 annual cost of $6,000,000. 

7 (b) NAVIGATION CHANNEL.—The Secretary shall mod8 ify the channel depth to run the entire length of Fire Island 

9 Range and Point Woronzof Range maintaining the same 

10 width and modifying the depth to minus 45 feet mean lower 

11 low water in the existing Cook Inlet Navigation Channel 

12 approach to Anchorage Harbor, Alaska, at a total cost of 

13 $21,525,000. The project shall be maintained at a depth of 

14 minus 45 mean lower low water, at an estimated annual 

15 cost of $3,000,000. 

16 SEC. 3002. KING COVE HARBOR, ALASKA. 

17 The maximum amount of Federal funds that may be 

18 expended for the project for navigation, King Cove Harbor, 

19 Alaska, being carried out under section 107 of the River 

20 Harbor Act of 1960 (33 U.S.C. 577), shall be $8,000,000. 

21 SEC. 3003. SITKA, ALASKA. 

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

23 project for navigation Southeast Alaska Harbors of Refuge, 

24 Alaska, authorized by section 101 of the Water Resources 

25 Development Act of 1992 (106 Stat. 4801), is modified to 
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1 direct the Secretary to take such action as may be necessary 

2 to correct design deficiencies in such element, at a Federal 

3 expense of $6,300,000. 

4 SEC. 3004. TATILEK, ALASKA. 

5 The maximum amount of Federal funds that may be 

6 expended for the project for navigation, Tatilek, Alaska, 

7 being carried out under section 107 of the River and Harbor 

8 Act of 1960 (33 U.S.C. 577), shall be $10,000,000.

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

10 The project for flood control, Nogales Wash and tribu11 taries, Arizona, authorized by section 101(a)(4) of the 

12 Water Resources Development Act of 1990 (104 Stat. 4606) 

13 and modified by section 303 of the Water Resources Devel14 opment Act of 1996 (110 Stat. 3711) and section 302 of 

15 the Water Resources Development Act of 2000 (114 Stat. 

16 2600), is further modified to direct the Secretary to use the 

17 Mexico Plan-1st Added Increment, as described in the lim18 ited reevaluation report dated September 13, 2002, to deter19 mine the cost allocation and cost apportionment for the 

20 project. 

21 SEC. 3006. GRAND PRAIRIE REGION AND BAYOU METO 

22 BASIN, ARKANSAS. 

23 The Secretary shall review the general reevaluation re24 port for the Bayou Meto basin element of the project for 

25 Grand Prairie Region and Bayou Meto Basin, Arkansas,
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1 reauthorized by section 363(a) of the Water Resources De2 velopment Act of 1996 (110 Stat. 3730), and make a deter3 mination of whether the element is feasible, regardless of 

4 mission priorities. 

5 SEC. 3007. SAINT FRANCIS BASIN, ARKANSAS. 

6 The project for flood control, Saint Francis Basin, 

7 Missouri and Arkansas, authorized by section 204 of the 

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

9 authorize the Secretary to construct improvements along 

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

11 Francis Levee and related channel improvements.

12 SEC. 3008. AMERICAN AND SACRAMENTO RIVERS, CALI13 FORNIA. 

14 The project for flood damage reduction, American and 

15 Sacramento Rivers, California, authorized by section 

16 101(a)(1) of the Water Resources Development Act of 1996 

17 (110 Stat. 3662–3663) and modified by section 366 of the 

18 Water Resources Development Act of 1999 (113 Stat. 319–

19 320), is further modified to direct the Secretary to carry 

20 out the project, at a total cost of $205,000,000. 

21 SEC. 3009. CACHE CREEK BASIN, CALIFORNIA. 

22 The project for flood control, Cache Creek Basin, Cali23 fornia, authorized by section 401(a) of the Water Resources 

24 Development Act of 1986 (100 Stat. 4112), is modified to 

25 direct the Secretary to mitigate the impacts of the new south 
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1 levee of the Cache Creek settling basin on the city of Wood2 land’s storm drainage system, including all appurtenant 

3 features, erosion control measures, and environmental pro4 tection features. Such mitigation shall restore the city’s 

5 preproject capacity (1,360 cubic feet per second) to release 

6 water to the Yolo Bypass, including channel improvements, 

7 an outlet work through the west levee of the Yolo Bypass, 

8 and a new low-flow cross channel to handle city and county 

9 storm drainage and settling basin flows (1,760 cubic feet 

10 per second) when the Yolo Bypass is in a low flow condi11 tion. 

12 SEC. 3010. GRAYSON CREEK/MURDERER’S CREEK, CALI13 FORNIA. 

14 The project for aquatic ecosystem restoration, Grayson 

15 Creek/Murderer’s Creek, California, being carried out under 

16 section 206 of the Water Resources Development Act of 1996 

17 (33 U.S.C. 2330), is modified to direct the Secretary to 

18 credit toward the non-Federal share of the cost of the project 

19 the cost of work carried out by the non-Federal interest be20 fore the date of the partnership agreement for the project 

21 if the Secretary determines that the work is integral to the 

22 project and to authorize the Secretary to consider national 

23 ecosystem restoration benefits in determining the Federal 

24 interest in the project.
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1 SEC. 3011. JOHN F. BALDWIN SHIP CHANNEL AND STOCK2 TON SHIP CHANNEL, CALIFORNIA. 

3 The project for navigation, San Francisco to Stockton, 

4 California, authorized by section 301 of the River and Har5 bor Act of 1965 (79 Stat. 1091) is modified—

6 (1) to provide that the non-Federal share of the 

7 cost of the John F. Baldwin Ship Channel and Stock8 ton Ship Channel element of the project may be pro9 vided in the form of in-kind services and materials; 

10 and 

11 (2) to direct the Secretary to credit toward the 

12 non-Federal share of the cost of such element the cost 

13 of planning and design work carried out by the non14 Federal interest before the date of an agreement for 

15 such planning and design if the Secretary determines 

16 that such work is integral to such element. 

17 SEC. 3012. LOS ANGELES HARBOR, LOS ANGELES, CALI18 FORNIA. 

19 The project for navigation, Los Angeles Harbor, Los 

20 Angeles, California, authorized by section 101(b)(5) of the 

21 Water Resources Development Act of 2000 (114 Stat. 2577), 

22 is modified to direct the Secretary to credit toward the non23 Federal share of the cost of the project the cost of the plan24 ning, design, and construction work carried out by the non25 Federal interest before the date of the partnership agreement 
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1 for the project if the Secretary determines the work is inte2 gral to the project. 

3 SEC. 3013. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI4 FORNIA. 

5 The project for navigation, Larkspur Ferry Channel, 

6 Larkspur, California, authorized by section 601(d) of the 

7 Water Resources Development Act of 1986 (100 Stat. 4148), 

8 is modified to direct the Secretary to prepare a limited re9 evaluation report to determine whether maintenance of the 

10 project is feasible. If the Secretary determines that mainte11 nance of the project is feasible, the Secretary shall carry 

12 out the maintenance.

13 SEC. 3014. NAPA RIVER SALT MARSH RESTORATION, NAPA 

14 RIVER, CALIFORNIA. 

15 In carrying out the feasibility study for the project for 

16 aquatic ecosystem restoration, Napa River Salt Marsh Res17 toration, Napa and Sonoma Counties, California, the Sec18 retary shall determine whether work carried out by the non19 Federal interest is integral to the project. In any case in 

20 which the work is determined to be integral to the project 

21 before completion of the final report of the Chief of Engi22 neers on the project, such work shall be included as part 

23 of the project, and the cost of such work shall be rec24 ommended in the final report for credit toward the non25 Federal share of the cost of the project. Work carried out 
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1 after submission of the final report and before the date of 

2 the partnership agreement for the project that is determined 

3 to be integral to the project shall be considered as part of 

4 the project, and the cost of such work shall be credited to5 ward the non-Federal share of the cost of the project. 

6 SEC. 3015. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI7 FORNIA. 

8 The project for aquatic ecosystem restoration, Pacific 

9 Flyway Center, Sacramento, California, being carried out 

10 under section 206 of the Water Resources Development Act 

11 of 1996 (33 U.S.C. 2330), is modified to authorize the Sec12 retary to expend $2,000,000 to enhance public access to the 

13 project. 

14 SEC. 3016. PINOLE CREEK, CALIFORNIA. 

15 The project for improvement of the quality of the envi16 ronment, Pinole Creek Phase I, California, being carried 

17 out under section 1135 of the Water Resources Development 

18 Act of 1986 (33 U.S.C. 2309a), is modified to direct the 

19 Secretary to credit toward the non-Federal share of the cost 

20 of the project the cost of work carried out by the non-Federal 

21 interest before the date of the partnership agreement for the 

22 project if the Secretary determines that the work is integral 

23 to the project.
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1 SEC. 3017. PRADO DAM, CALIFORNIA. 

2 Upon completion of the modifications to the Prado 

3 Dam element of the project for flood control, Santa Ana 

4 River Mainstem, California, authorized by section 401(a) 

5 of the Water Resources Development Act of 1986 (100 Stat. 

6 4113), the Memorandum of Agreement for the Operation for 

7 Prado Dam for Seasonal Additional Water Conservation 

8 between the Department of the Army and the Orange Coun9 ty Water District (including all the conditions and stipula10 tions in the memorandum) shall remain in effect for vol11 umes of water made available prior to such modifications.

12 SEC. 3018. SACRAMENTO DEEP WATER SHIP CHANNEL, 

13 CALIFORNIA. 

14 The project for navigation, Sacramento Deep Water 

15 Ship Channel, California, authorized by section 202(a) of 

16 the Water Resources Development Act of 1986 (100 Stat. 

17 4092), is modified to direct the Secretary to credit toward 

18 the non-Federal share of the cost of the project the cost of 

19 planning and design work carried out by the non-Federal 

20 interest before the date of the partnership agreement for the 

21 project if the Secretary determines that the work is integral 

22 to the project.

23 SEC. 3019. SACRAMENTO RIVER, GLENN-COLUSA, CALI24 FORNIA. 

25 The project for flood control, Sacramento River, Cali26 fornia, authorized by section 2 of the Act entitled ‘‘An Act 
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1 to provide for the control of the floods of the Mississippi 

2 River and of the Sacramento River, California, and for 

3 other purposes’’, approved March 1, 1917 (39 Stat. 949), 

4 and modified by section 102 of the Energy and Water De5 velopment Appropriations Act, 1990 (103 Stat. 649), sec6 tion 301(b)(3) of the Water Resources Development Act of 

7 1996 (110 Stat. 3110), title I of the Energy and Water De8 velopment Appropriations Act, 1999 (112 Stat. 1841), and 

9 section 305 of the Water Resources Development Act of 1999 

10 (113 Stat. 299), is further modified to direct the Secretary 

11 to credit the non-Federal interest up to $4,000,000 toward 

12 the non-Federal share of the cost of the project for costs in13 curred by the non-Federal interest in carrying out activities 

14 (including the provision of lands, easements, rights-of-way, 

15 relocations, and dredged material disposal areas) associated 

16 with environmental compliance for the project if the Sec17 retary determines that the activities are integral to the 

18 project. 

19 SEC. 3020. SAN LORENZO RIVER, CALIFORNIA. 

20 The project for flood control, San Lorenzo River, Cali21 fornia, authorized by section 101(a)(5) of the Water Re22 sources Development Act of 1996 (110 Stat. 3663), is modi23 fied to direct the Secretary to credit not more than 

24 $2,000,000 toward the non-Federal share of the cost of the 

25 project for the cost of the work carried out by the non-Fed-
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1 eral interest before the date of the partnership agreement 

2 for the project if the Secretary determines the work is inte3 gral to the project.

4 SEC. 3021. UPPER GUADALUPE RIVER, CALIFORNIA. 

5 The project for flood damage reduction and recreation, 

6 Upper Guadalupe River, California, described as the By7 pass Channel Plan of the Chief of Engineers dated August 

8 19, 1998, authorized by section 101(a)(9) of the Water Re9 sources Development Act of 1999 (113 Stat. 275), is modi10 fied to authorize the Secretary to construct the project, at 

11 a total cost of $140,328,000, with an estimated Federal cost 

12 of $70,164,000, and an estimated non-Federal cost of 

13 $70,164,000. The non-Federal share of the cost of the project 

14 shall be subject to section 103(a)(3) of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 2213(a)(3)). 

16 SEC. 3022. WALNUT CREEK CHANNEL, CALIFORNIA. 

17 The project for aquatic ecosystem restoration, Walnut 

18 Creek Channel, California, being carried out under section 

19 206 of the Water Resources Development Act of 1996 (33 

20 U.S.C. 2330), is modified to direct the Secretary to credit 

21 toward the non-Federal share of the cost of the project the 

22 cost of work carried out by the non-Federal interest before 

23 the date of the partnership agreement for the project if the 

24 Secretary determines that the work is integral to the project 

25 and to authorize the Secretary to consider national eco-
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1 system restoration benefits in determining the Federal in2 terest in the project. 

3 SEC. 3023. WILDCAT/SAN PABLO CREEK PHASE I, CALI4 FORNIA. 

5 The project for improvement of the quality of the envi6 ronment, Wildcat/San Pablo Creek Phase I, California, 

7 being carried out under section 1135 of the Water Resources 

8 Development Act of 1986 (33 U.S.C. 2309a), is modified 

9 to direct the Secretary to credit toward the non-Federal 

10 share of the cost of the project the cost of work carried out 

11 by the non-Federal interest before the date of the partner12 ship agreement for the project if the Secretary determines 

13 that the work is integral to the project.

14 SEC. 3024. WILDCAT/SAN PABLO CREEK PHASE II, CALI15 FORNIA. 

16 The project for aquatic ecosystem restoration, Wildcat/

17 San Pablo Creek Phase II, California, being carried out 

18 under section 206 of the Water Resources Development Act 

19 of 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

20 to credit toward the non-Federal share of the cost of the 

21 project the cost of work carried out by the non-Federal in22 terest before the date of the partnership agreement for the 

23 project if the Secretary determines that the work is integral 

24 to the project and to authorize the Secretary to consider 
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1 national ecosystem restoration benefits in determining the 

2 Federal interest in the project. 

3 SEC. 3025. BREVARD COUNTY, FLORIDA. 

4 Section 310 of the Water Resources Development Act 

5 of 1999 (113 Stat. 301) is amended by adding at the end 

6 the following: 

7 ‘‘(d) CREDIT.—After completion of the study, the Sec8 retary shall credit toward the non-Federal share of the cost 

9 of the project the cost of nourishment and renourishment 

10 associated with the shore protection project incurred by the 

11 non-Federal interest to respond to damages to Brevard 

12 County beaches that are the result of a Federal navigation 

13 project, as determined in the final report for the study.’’.

14 SEC. 3026. BROWARD COUNTY AND HILLSBORO INLET, 

15 FLORIDA. 

16 The project for shore protection, Broward County and 

17 Hillsboro Inlet, Florida, authorized by section 301 of the 

18 River and Harbor Act of 1965 (79 Stat. 1090), and modi19 fied by section 311 of the Water Resources Development Act 

20 of 1999 (113 Stat. 301), is further modified to direct the 

21 Secretary to credit toward the non-Federal share of the cost 

22 of the project the cost of mitigation construction and derelict 

23 erosion control structure removal carried out by the non24 Federal interest before the date of the partnership agreement
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1 for the project if the Secretary determines that the work is 

2 integral to the project. 

3 SEC. 3027. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

4 The project for shore protection, Gasparilla and Estero 

5 Island segments, Lee County, Florida, authorized under sec6 tion 201 of the Flood Control Act of 1965 (79 Stat. 1073) 

7 by Senate Resolution dated December 17, 1970, and by 

8 House Resolution dated December 15, 1970, and modified 

9 by section 309 of the Water Resources Development Act of 

10 2000 (114 Stat. 2602), is further modified to direct the Sec11 retary to credit toward the non-Federal share of the cost 

12 of the project the cost of work carried out by the non-Federal 

13 interest before the date of the partnership agreement for the 

14 project if the Secretary determines that the work is integral 

15 to the project. 

16 SEC. 3028. LIDO KEY BEACH, SARASOTA, FLORIDA. 

17 The project for shore protection, Lido Key Beach, 

18 Sarasota, Florida, authorized by section 101 of the River 

19 and Harbor Act of 1970 (84 Stat. 1819), deauthorized 

20 under section 1001(b) of the Water Resources Development 

21 Act of 1986 (33 U.S.C. 579a(b)), and reauthorized by sec22 tion 364(2)(A) of the Water Resources Development Act of 

23 1999 (113 Stat. 313), is modified to direct the Secretary 

24 to construct the project, at a total cost of $12,926,000, with 

25 an estimated Federal cost of $6,547,000 and an estimated 
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1 non-Federal cost of $6,379,000, and at an estimated average 

2 annual cost of $925,000 for periodic nourishment over the 

3 50-year life of the project, with an estimated annual Fed4 eral cost of $468,500 and an estimated annual non-Federal 

5 cost of $456,500. 

6 SEC. 3029. MANATEE HARBOR, FLORIDA. 

7 The project for navigation, Manatee Harbor, Florida, 

8 authorized by section 202(a) of the Water Resources Devel9 opment Act of 1986 (100 Stat. 4093) and modified by sec10 tion 102(j) of the Water Resources Development Act of 1990 

11 (104 Stat. 4612), is further modified—

12 (1) to include the construction of an extension of 

13 the south channel a distance of approximately 1584 

14 feet consistent with the general reevaluation report, 

15 dated April 2002, prepared by the Jacksonville Dis16 trict Corps of Engineers, at a total cost of 

17 $11,300,000, with an estimated Federal cost of 

18 $8,475,000 and an estimated non-Federal cost of 

19 $2,825,000; 

20 (2) to direct the Secretary to credit toward the 

21 non-Federal share of the cost of the project the cost of 

22 in-kind services and materials provided for the project 

23 by the non-Federal interest; 

24 (3) to direct the Secretary to credit toward the 

25 non-Federal share of the cost of the project the cost of 
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1 planning, design, and construction work carried out 

2 by the non-Federal interest before the date of the part3 nership agreement for the project if the Secretary de4 termines that the work is integral to the project; and 

5 (4) to authorize the Secretary to carry out the 

6 project as modified at a total cost of $61,500,000.

7 SEC. 3030. TAMPA HARBOR, FLORIDA. 

8 The project for navigation, Tampa Harbor, Florida, 

9 referred to in section 4 of the Rivers and Harbors Act of 

10 September 22, 1922 (42 Stat. 1042), is modified to direct 

11 the Secretary to credit toward the non-Federal share of the 

12 cost of the project the cost of planning, design, and construc13 tion work carried out by the non-Federal interest before the 

14 date of the partnership agreement for the project if the Sec15 retary determines that the work is integral to the project.

16 SEC. 3031. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

17 The project for navigation, Tampa Harbor-Big Bend 

18 Channel, Florida, authorized by section 101(a)(18) of the 

19 Water Resources Development Act of 1999 (113 Stat. 276) 

20 is modified to direct the Secretary to credit toward the non21 Federal share of the cost of the project the cost of planning, 

22 design, and construction 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 is 

25 integral to the project.
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1 SEC. 3032. 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 Development 

6 Act of 1999 (113 Stat. 302), is further modified to include 

7 as a project purpose environmental mitigation required be8 fore July 18, 2003, by Federal, State, and local environ9 mental agencies for unauthorized or unanticipated environ10 mental impacts within, or in the vicinity of, the authorized 

11 project. 

12 SEC. 3033. LITTLE WOOD RIVER, GOODING, IDAHO. 

13 The project for flood damage reduction, Little Wood 

14 River, Gooding, Idaho, being carried out under section 205 

15 of the Flood Control Act of 1948 (33 U.S.C. 701s), is modi16 fied—

17 (1) to authorize the non-Federal interest to pro18 vide any portion of the non-Federal share of the cost 

19 of the project in the form of services, materials, sup20 plies, or other in-kind contributions; 

21 (2) to authorize the non-Federal interest to use 

22 funds made available under any other Federal pro23 gram toward the non-Federal share of the cost of the 

24 project if such use of the funds is permitted under the 

25 other Federal program; and 
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1 (3) to direct the Secretary, in calculating the 

2 non-Federal share of the cost of the project, to make 

3 a determination under section 103(m) of the Water 

4 Resources Development Act of 1986 (33 U.S.C. 

5 2213(m)) on the non-Federal interest’s ability to pay. 

6 SEC. 3034. HENNEPIN-HOPPER LAKES, ILLINOIS. 

7 (a) PROJECT PURPOSE.—The project for flood control, 

8 Hennepin levees, Illinois, authorized by the Flood Control 

9 Act of June 26, 1936 (35 Stat. 1583), is modified to add 

10 environmental restoration as a project purpose. 

11 (b) MAXIMUM AMOUNT.—The maximum amount of 

12 Federal funds that may be expended for the project for im13 provement of the quality of the environment, Hennepin14 Hopper Lakes, Illinois, being carried out under section 

15 1135 of the Water Resources Development Act of 1986 (33 

16 U.S.C. 2309a), shall be $7,500,000. 

17 (c) LIMITATION.—Nothing in this section shall affect 

18 the eligibility of the project for emergency repair assistance 

19 under section 5(a) of the Act entitled ‘‘An Act authorizing 

20 the construction of certain public works on rivers and har21 bors for flood control, and for other purposes’’, approved 

22 August 18, 1941 (33 U.S.C. 701n).
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1 SEC. 3035. MISSISSIPPI RIVER AND BIG MUDDY RIVER, ILLI2 NOIS. 

3 (a) IN GENERAL.—The project for flood control, Mis4 sissippi River and Big Muddy River, Illinois, authorized 

5 by the Flood Control Act of 1938, is modified to authorize 

6 the Secretary to carry out repair and rehabilitation of the 

7 project at a total cost of $22,600,000, with an estimated 

8 Federal cost of $16,950,000 and an estimated non-Federal 

9 cost of $5,650,000, and to perform operation and mainte10 nance of the project thereafter. 

11 (b) OTHER ASSISTANCE.—Federal assistance made 

12 available through the Department of Agriculture may be 

13 used toward payment of the non-Federal share of the costs 

14 of the repair and rehabilitation under this section. 

15 (c) UNITED STATES LANDS.—Costs under this section 

16 for the repair and rehabilitation allocable to the protection 

17 of lands owned by the United States shall be a Federal re18 sponsibility. The Secretary shall seek reimbursement from 

19 the Secretary of Agriculture for the costs allocated to pro20 tecting lands owned by the Department of Agriculture. 

21 (d) OPERATION AND MAINTENANCE OF NON-FEDERAL

22 LANDS.—The cost of operation and maintenance under this 

23 section allocated to protecting non-Federal lands shall be 

24 a non-Federal responsibility. 
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1 SEC. 3036. SPUNKY BOTTOMS, ILLINOIS. 

2 (a) PROJECT PURPOSE.—The project for flood control 

3 at Spunky Bottoms, Illinois, authorized by section 5 of the 

4 Flood Control Act of June 26, 1936 (35 Stat. 1584), is 

5 modified to add environmental restoration as a project pur6 pose. 

7 (b) MAXIMUM AMOUNT.—The maximum amount of 

8 Federal funds that may be expended for the project for im9 provement of the quality of the environment, Spunky Bot10 toms, Illinois, being carried out under section 1135 of the 

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

12 2309a), shall be $7,500,000. 

13 (c) LIMITATION.—Nothing in this section shall affect 

14 the eligibility of the project for emergency repair assistance 

15 under section 5(a) of the Act entitled ‘‘An Act authorizing 

16 the construction of certain public works on rivers and har17 bors for flood control, and for other purposes’’, approved 

18 August 18, 1941 (33 U.S.C. 701n).

19 SEC. 3037. EMIQUON, ILLINOIS. 

20 (a) MAXIMUM AMOUNT.—The maximum amount of 

21 Federal funds that may be expended for the project for 

22 aquatic ecosystem restoration, Emiquon, Illinois, being car23 ried out under section 206 of the Water Resources Develop24 ment Act of 1996 (33 U.S.C. 2330), shall be $7,500,000. 

25 (b) LIMITATION.—Nothing in this section shall affect 

26 the eligibility of the project for emergency repair assistance 
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1 under section 5(a) of the Act entitled ‘‘An Act authorizing 

2 the construction of certain public works on rivers and har3 bors for flood control, and for other purposes’’, approved 

4 August 18, 1941 (33 U.S.C. 701n). 

5 SEC. 3038. LITTLE CALUMET RIVER, INDIANA. 

6 The project for flood control, Little Calumet River, In7 diana, authorized by section 401(a) of the Water Resources 

8 Development Act of 1986 (100 Stat. 4115), is modified to 

9 authorize the Secretary to carry out the project in accord10 ance with the postauthorization change report dated August 

11 2000, at a total cost of $186,300,000, with an estimated 

12 Federal cost of $136,600,000 and an estimated non-Federal 

13 cost of $49,700,000. 

14 SEC. 3039. WHITE RIVER, INDIANA. 

15 The project for flood control, Indianapolis on West 

16 Fork of White River, Indiana, authorized by section 5 of 

17 the Act entitled ‘‘An Act authorizing the construction of cer18 tain public works on rivers and harbors for flood control, 

19 and other purposes’’, approved June 22, 1936 (49 Stat. 

20 1586), and modified by section 323 of the Water Resources 

21 Development Act of 1996 (110 Stat. 3716) and section 322 

22 of the Water Resources Development Act of 1999 (113 Stat. 

23 303–304), is further modified to authorize the Secretary to 

24 undertake the riverfront alterations described in the Central 

25 Indianapolis Waterfront Concept Plan, dated February 
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1 1994, for the Fall Creek Reach feature, at a total cost of 

2 $28,545,000 and to direct the Secretary to credit toward 

3 the non-Federal share of the cost of the project the cost of 

4 planning, design, and construction work carried out by the 

5 non-Federal interest before the date of the partnership 

6 agreement for the project if the Secretary determines that 

7 the work is integral to the project.

8 SEC. 3040. 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. 2330), 

12 is modified to direct the Secretary to credit toward the non13 Federal share of the cost of the project the cost of planning, 

14 design, and construction work carried out by the non-Fed15 eral interest before the date of the partnership agreement 

16 for the project if the Secretary determines that the work is 

17 integral to the project. 

18 SEC. 3041. PRESTONSBURG, KENTUCKY. 

19 The Prestonsburg, Kentucky, element of the project for 

20 flood control, Levisa and Tug Fork of the Big Sandy and 

21 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. 3042. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

4 EAST BATON ROUGE PARISH WATERSHED. 

5 The project for flood damage reduction and recreation, 

6 Amite River and Tributaries, Louisiana, East Baton Rouge 

7 Parish Watershed, authorized by section 101(a)(21) of the 

8 Water Resources Development Act of 1999 (113 Stat. 277) 

9 and modified by section 116 of Division D of Public Law 

10 108–7 (117 Stat. 140), is further modified to direct the Sec11 retary to carry out the project with the cost sharing for the 

12 project determined in accordance with section 103(a) of the 

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

14 2213(a)), as in effect on October 11, 1996. 

15 SEC. 3043. ATCHAFALAYA BASIN, LOUISIANA. 

16 (a) IN GENERAL.—Section 315(a)(1) of the Water Re17 sources Development Act of 2000 (114 Stat. 2603–2604) is 

18 amended to read as follows: 

19 ‘‘(1) is authorized to study, design, construct, op20 erate, and maintain, at Federal expense, a Type A 

21 Regional Visitor Center in the vicinity of Morgan 

22 City, Louisiana, in consultation with the State of 

23 Louisiana, to provide information to the public on 

24 the Atchafalaya River system and other associated 

25 waterways that have influenced surrounding commu-
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1 nities, and national and local water resources devel2 opment of the Army Corps of Engineers in South 

3 Central Louisiana; and’’. 

4 (b) TECHNICAL CORRECTION.—Section 315(b) of such 

5 Act is amended by striking ‘‘(a)’’ and inserting ‘‘(a)(2)’’. 

6 (c) DONATIONS.—Section 315 of such Act is amended 

7 by adding at the end the following: 

8 ‘‘(c) DONATIONS.—In carrying out subsection (a)(1), 

9 the Mississippi River Commission is authorized to accept 

10 the donation of cash, funds, lands, materials, and services 

11 from non-Federal governmental entities and nonprofit cor12 porations.’’. 

13 SEC. 3044. PUBLIC ACCESS, ATCHAFALAYA BASIN 

14 FLOODWAY SYSTEM, LOUISIANA. 

15 The public access feature of the Atchafalaya Basin 

16 Floodway System, Louisiana, project, authorized by the 

17 Water Resources Development Act 1986 (100 Stat. 4142), 

18 is modified to authorize the Secretary to acquire from will19 ing sellers the fee interest, exclusive of oil, gas, and min20 erals, of an additional 20,000 acres of land within the 

21 Lower Atchafalaya Basin Floodway for the public access 

22 feature of the Atchafalaya Basin Floodway System, to en23 hance fish and wildlife resources, at a total cost of 

24 $4,000,000. 
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1 SEC. 3045. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

2 RIVER TO SHREVEPORT, LOUISIANA. 

3 The project for mitigation of fish and wildlife losses, 

4 J. Bennett Johnston Waterway, Mississippi River to 

5 Shreveport, Louisiana, authorized by section 601(a) of the 

6 Water Resources Development Act of 1986 (100 Stat. 4142) 

7 and modified by section 4(h) of the Water Resources Devel8 opment Act of 1988 (102 Stat. 4016), section 102(p) of the 

9 Water Resources Development Act of 1990 (104 Stat. 4613), 

10 section 301(b)(7) of the Water Resources Development Act 

11 of 1996 (110 Stat. 3710), and section 316 of the Water Re12 sources Development Act of 2000 (114 Stat. 2572), is fur13 ther modified to authorize the purchase and reforesting of 

14 lands which have been cleared or converted to agricultural 

15 uses. 

16 SEC. 3046. MISSISSIPPI DELTA REGION, LOUISIANA. 

17 The Mississippi Delta Region project, Louisiana, au18 thorized as part of the project for hurricane-flood protection 

19 on Lake Pontchartrain, Louisiana, by section 204 of the 

20 Flood Control Act of 1965 (79 Stat. 1077) and modified 

21 by section 365 of the Water Resources Development Act of 

22 1996 (110 Stat. 3739), is further modified to direct the Sec23 retary to credit toward the non-Federal share of the cost 

24 of the project the costs of relocating oyster beds in the Davis 

25 Pond project area if the Secretary determines that the work 

26 is integral to the Mississippi Delta Region project. 
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1 SEC. 3047. NEW ORLEANS TO VENICE, LOUISIANA. 

2 The New Orleans to Venice, Louisiana, project for hur3 ricane protection, authorized by section 203 of the Flood 

4 Control Act of 1962 (76 Stat. 1184), is modified to author5 ize the Secretary to carry out the work on the St. Jude to 

6 City Price, Upper Reach A back levee. The Federal share 

7 of the cost of such work shall be 70 percent. 

8 SEC. 3048. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF 

9 HARVEY CANAL), LOUISIANA. 

10 Section 328 of the Water Resources Development Act 

11 of 1999 (113 Stat. 304–305) is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘operation and mainte14 nance’’ and inserting ‘‘operation, maintenance, 

15 rehabilitation, repair, and replacement’’; and 

16 (B) by striking ‘‘Algiers Channel’’ and in17 serting ‘‘Algiers Canal Levees’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(c) COST SHARING.—The non-Federal share of the 

20 cost of the project shall be 35 percent.’’.

21 SEC. 3049. CAMP ELLIS, SACO, MAINE. 

22 The maximum amount of Federal funds that may be 

23 expended for the project being carried out under section 111 

24 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for 

25 the mitigation of shore damages attributable to the project 
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1 for navigation, Camp Ellis, Saco, Maine, shall be 

2 $10,000,000.

3 SEC. 3050. UNION RIVER, MAINE. 

4 The project for navigation, Union River, Maine, au5 thorized by the first section of the Act entitled ‘‘An Act mak6 ing appropriations for the construction, repair, and preser7 vation of certain public works on rivers and harbors, and 

8 for other purposes’’, approved June 3, 1896 (29 Stat. 215), 

9 is modified by redesignating as an anchorage area that por10 tion of the project consisting of a 6-foot turning basin and 

11 lying northerly of a line commencing at a point 

12 N315,975.13, E1,004,424.86 thence running north 61 de13 grees 27 minutes 20.71 seconds west about 132.34 feet to 

14 a point N316,038.37, E1,004,308.61.

15 SEC. 3051. CASS RIVER, SPAULDING TOWNSHIP, MICHIGAN. 

16 (a) IN GENERAL.—The project for flood damage reduc17 tion, Cass River, Spaulding Township, Saginaw County, 

18 Michigan, being carried out under section 205 of the Flood 

19 Control Act of 1948 (33 U.S.C. 701s), is modified to incor20 porate flood control works constructed by the non-Federal 

21 interests between Sheridan Road and East Street (M–13) 

22 if the Secretary determines that the inclusion of such flood 

23 control works is feasible. 

24 (b) CREDIT.—The Secretary shall credit toward the 

25 non-Federal share of the cost of the project the cost of work
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1 carried out by the non-Federal interest before the date of 

2 the partnership agreement for the project if the Secretary 

3 determines that the work is integral to the project. 

4 SEC. 3052. DETROIT RIVER SHORELINE, DETROIT, MICHI5 GAN. 

6 (a) IN GENERAL.—The project for emergency 

7 streambank and shoreline protection, Detroit River Shore8 line, Detroit, Michigan, being carried out under section 14 

9 of the Flood Control Act of 1946 (33 U.S.C. 701r), is modi10 fied to include measures to enhance public access. 

11 (b) MAXIMUM FEDERAL EXPENDITURE.—The max12 imum amount of Federal funds that may be expended for 

13 the project shall be $3,000,000. 

14 SEC. 3053. WATER RESOURCES INSTITUTE, MUSKEGON, 

15 MICHIGAN. 

16 (a) IN GENERAL.—The project for emergency 

17 streambank and shoreline protection, Water Resources In18 stitute, Muskegon, Michigan, being carried out under sec19 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), 

20 is modified to provide for completion of shoreline protection 

21 measures in accordance with the approved plans and speci22 fications for Grand Valley State University, Lake Michigan 

23 Center, dated August 6, 2001. 
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1 (b) MAXIMUM FEDERAL EXPENDITURE.—The max2 imum amount of Federal funds that may be expended for 

3 the project shall be $2,000,000. 

4 (c) CREDIT.—The Secretary shall credit toward the 

5 non-Federal share of the cost of the project the cost of design 

6 and implementation of shoreline protection measures car7 ried out by the non-Federal interest before the date of the 

8 partnership agreement for the project if the Secretary deter9 mines that the work is integral to the project. 

10 SEC. 3054. SAGINAW RIVER, BAY CITY, MICHIGAN. 

11 The maximum amount of Federal funds that may be 

12 expended for the project for emergency streambank protec13 tion, Saginaw River, Bay City, Michigan, being carried out 

14 under section 14 of the Flood Control Act of 1946 (33 U.S.C. 

15 701r), shall be $2,000,000. 

16 SEC. 3055. ADA, MINNESOTA. 

17 (a) IN GENERAL.—The project for flood damage reduc18 tion, Wild Rice River, Ada, Minnesota, being carried out 

19 under section 205 of the Flood Control Act of 1948 (33 

20 U.S.C. 701s), is modified to authorize the Secretary to con21 sider national ecosystem restoration benefits in determining 

22 the Federal interest in the project. 

23 (b) EVALUATION OF BENEFITS AND COSTS.—In evalu24 ating the economic benefits and costs for the project, the 

25 Secretary shall not consider the emergency levee adjacent 
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1 to Judicial Ditch No. 51 in the determination of conditions 

2 existing prior to construction of the project. 

3 (c) SPECIAL RULE.—In evaluating and implementing 

4 the project, the Secretary shall allow the non-Federal inter5 est to participate in the financing of the project in accord6 ance with section 903(c) of the Water Resources Develop7 ment Act of 1986 (100 Stat. 4184) to the extent that the 

8 Secretary’s evaluation indicates that applying such section 

9 is necessary to implement the project. 

10 SEC. 3056. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

11 (a) IN GENERAL.—The project for navigation, Duluth 

12 Harbor, McQuade Road, Minnesota, being carried out 

13 under section 107 of the River and Harbor Act of 1960 (33 

14 U.S.C. 577) and modified by section 321 of the Water Re15 sources Development Act of 2000 (114 Stat. 2605), is fur16 ther modified to authorize the Secretary to provide public 

17 access and recreational facilities as generally described in 

18 the Detailed Project Report and Environmental Assessment, 

19 McQuade Road Harbor of Refuge, Duluth, Minnesota, dated 

20 August 1999.

21 (b) CREDIT.—The Secretary shall provide credit to22 ward the non-Federal share of the cost of the project for 

23 the costs of design work carried out before the date of the 

24 partnership agreement for the project if the Secretary deter25 mines that the work is integral to the project. 
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1 (c) MAXIMUM FEDERAL EXPENDITURE.—The max2 imum amount of Federal funds that may be expended for 

3 the project shall be $5,000,000.

4 SEC. 3057. GRAND PORTAGE HARBOR, MINNESOTA. 

5 The Secretary shall provide credit toward the non-Fed6 eral share of the cost of the navigation project for Grand 

7 Portage Harbor, Minnesota, carried out under section 107 

8 of the River and Harbor Act of 1960 (33 U.S.C. 577) and 

9 modified by section 312 of the Water Resources Development 

10 Act of 2000 (114 Stat. 2605), for the costs of design work 

11 carried out before the date of the partnership agreement for 

12 the project if the Secretary determines that the work is inte13 gral to the project. 

14 SEC. 3058. GRANITE FALLS, MINNESOTA. 

15 (a) IN GENERAL.—The Secretary is directed to imple16 ment under section 205 of the Flood Control Act of 1948 

17 (33 U.S.C. 701s) the locally preferred plan for flood damage 

18 reduction, Granite Falls, Minnesota, substantially in ac19 cordance with the detailed project report dated 2002, at a 

20 total cost of $12,000,000, with an estimated Federal cost 

21 of $8,000,000 and an estimated non-Federal cost of 

22 $4,000,000. 

23 (b) PROJECT FINANCING.—In evaluating and imple24 menting the project under this section, the Secretary shall 

25 allow the non-Federal interests to participate in the financ-
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1 ing of the project in accordance with section 903(c) of the 

2 Water Resources Development Act of 1986 (100 Stat. 4184), 

3 to the extent that the detailed project report evaluation indi4 cates that applying such section is necessary to implement 

5 the project. 

6 (c) CREDIT.—The Secretary shall credit toward the 

7 non-Federal share of the project the cost of design and con8 struction work carried out by the non-Federal interest be9 fore date of execution of a partnership agreement for the 

10 project if the Secretary determines that the work is integral 

11 to the project. 

12 (d) MAXIMUM FUNDING.—The maximum amount of 

13 Federal funds that may be expended for the flood damage 

14 reduction shall be $8,000,000. 

15 SEC. 3059. MINNEAPOLIS, MINNESOTA. 

16 Section 527 of the Water Resources Development Act 

17 of 2000 (114 Stat. 2657) is amended—

18 (1) in subsection (a) by inserting after ‘‘June 30, 

19 1999’’ the following ‘‘, and including Hennepin Is20 land and adjacent areas on the east side of the Mis21 sissippi River’’; and 

22 (2) in subsection (c) by striking ‘‘$10,000,000’’ 

23 and inserting ‘‘$25,000,000’’.
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1 SEC. 3060. RED LAKE RIVER, MINNESOTA. 

2 The project for flood control, Red Lake River at 

3 Crookston, Minnesota, authorized by section 101(a)(23) of 

4 the Water Resources Development Act of 1999 (113 Stat. 

5 278), is modified to include flood protection for the adjacent 

6 and interconnected areas generally known as the Sampson 

7 and Chase/Loring neighborhoods, in accordance with the 

8 Feasibility Report Supplement, Local Flood Protection, 

9 Crookston, Minnesota, at a total cost of $25,000,000, with 

10 an estimated Federal cost of $16,250,000 and an estimated 

11 non-Federal cost of $8,750,000. 

12 SEC. 3061. SILVER BAY, MINNESOTA. 

13 The project for navigation, Silver Bay, Minnesota, au14 thorized by section 2 of the Rivers and Harbors Act of 

15 March 2, 1945 (59 Stat. 19), is modified to include oper16 ation and maintenance of the general navigation facilities 

17 as a Federal responsibility. 

18 SEC. 3062. TACONITE HARBOR, MINNESOTA. 

19 The project for navigation, Taconite Harbor, Min20 nesota, carried out under section 107 of the River and Har21 bor Act of 1960 (33 U.S.C. 577), is modified to include op22 eration and maintenance of the general navigation facilities 

23 as a Federal responsibility. 

24 SEC. 3063. TWO HARBORS, MINNESOTA. 

25 (a) IN GENERAL.—The project for navigation, Two 

26 Harbors, Minnesota, being carried out under section 107 
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1 of the River and Harbor Act of 1960 (33 U.S.C. 577), is 

2 modified to include construction of a dredged material dis3 posal facility, including actions required to clear the site. 

4 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non5 Federal interests shall be responsible for providing all lands, 

6 easements, rights-of-way, and relocations necessary for the 

7 construction of the dredged material disposal facility. 

8 (c) MAXIMUM FEDERAL EXPENDITURE.—The max9 imum amount of Federal funds that may be expended for 

10 the project shall be $5,000,000.

11 SEC. 3064. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

12 The project for ecosystem restoration, Deer Island, 

13 Harrison County, Mississippi, being carried out under sec14 tion 204 of the Water Resources Development Act of 1992 

15 (33 U.S.C. 2326) is modified to authorize the non-Federal 

16 interest to provide any portion of the non-Federal share of 

17 the cost of the project in the form of services, materials, sup18 plies, or other in-kind contributions. 

19 SEC. 3065. BOIS BRULE DRAINAGE AND LEVEE DISTRICT, 

20 MISSOURI. 

21 The maximum amount of Federal funds that may be 

22 expended for the project for flood damage reduction, Bois 

23 Brule Drainage and Levee District, Missouri, being carried 

24 out under section 205 of the Flood Control Act of 1948 (33 

25 U.S.C. 701s), shall be $25,000,000. 
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1 SEC. 3066. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

2 The project for ecosystem restoration and flood damage 

3 reduction, Sand Creek watershed, Wahoo, Nebraska, author4 ized by section 101(b)(20) of the Water Resources Develop5 ment Act of 2000 (114 Stat. 2578), is modified—

6 (1) to direct the Secretary to provide credit to7 ward the non-Federal share of the cost of the project 

8 or reimbursement for the costs of any work that has 

9 been or will be performed by the non-Federal interest 

10 before, on, or after the approval of the project partner11 ship agreement, including work performed by the non12 Federal interest in connection with the design and 

13 construction of 7 upstream detention storage struc14 tures, if the Secretary determines that the work is in15 tegral to the project; 

16 (2) to require that in-kind work to be credited 

17 under paragraph (1) be subject to audit; and 

18 (3) to direct the Secretary to accept advance 

19 funds from the non-Federal interest as needed to 

20 maintain the project schedule.

21 SEC. 3067. ALAMOGORDO, NEW MEXICO. 

22 The Secretary shall review the general reevaluation re23 port, dated March 1999, for the project for flood protection, 

24 Alamogordo, New Mexico, authorized by section 203 of the 

25 Flood Control Act of 1962 (76 Stat. 85), and determine if 

26 the locally preferred flood detention basin would provide the 
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1 same level of flood protection for the north side of the city 

2 of Alamogordo at a cost that is not greater than the cost 

3 of authorized channel improvements. If the Secretary deter4 mines that the flood detention basin is feasible, would pro5 vide the same level of flood protection, and can be con6 structed at the no additional cost, the Secretary may con7 struct the flood detention basin instead of the channel im8 provements. The Federal share of the cost of the flood deten9 tion basin alternative shall be calculated in the same man10 ner as if the channel improvements project was being con11 structed. 

12 SEC. 3068. ORCHARD BEACH, BRONX, NEW YORK. 

13 The project for shoreline protection, Orchard Beach, 

14 Bronx, New York, authorized by section 554 of the Water 

15 Resources Development Act of 1996 (110 Stat. 3781), is 

16 modified to authorize the Secretary to construct the project, 

17 at a total cost of $18,000,000.

18 SEC. 3069. TIMES BEACH, BUFFALO, NEW YORK. 

19 The project for improvement of the quality of the envi20 ronment, Times Beach, Buffalo, New York, being carried 

21 out under section 1135 of the Water Resources Development 

22 Act of 1986 (100 Stat. 4251), is modified to direct the Sec23 retary to credit not more than $750,000 toward the non24 Federal share of the cost of the project for the cost of plan25 ning, design, and construction work carried out by the non-
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1 Federal interest before the date of the partnership agreement 

2 for the project if the Secretary determines the work is inte3 gral to the project.

4 SEC. 3070. PORT OF NEW YORK AND NEW JERSEY, NEW 

5 YORK AND NEW JERSEY. 

6 The navigation project, Port of New York and New 

7 Jersey, New York and New Jersey, authorized by section 

8 101(a)(2) of the Water Resources Development Act of 2000 

9 (114 Stat. 2576), is modified—

10 (1) to authorize the Secretary to allow the non11 Federal interest to construct a temporary dredged 

12 material storage facility to receive dredged material 

13 from the project if—

14 (A) the non-Federal interest submits, in 

15 writing, a list of potential sites for the tem16 porary storage facility to the Committee on 

17 Transportation and Infrastructure of the House 

18 of Representatives, the Committee on Environ19 ment and Public Works of the Senate, and the 

20 Secretary at least 180 days before the selection of 

21 the final site; and 

22 (B) at least 70 percent of the dredged mate23 rial generated in connection with the project 

24 suitable for beneficial reuse will be used at sites
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1 in the State of New Jersey to the extent that 

2 there are sufficient sites available; and 

3 (2) to direct the Secretary to credit toward the 

4 non-Federal share of the cost of the project the cost of 

5 construction of the temporary storage facility if the 

6 Secretary determines that the work is integral to the 

7 project.

8 SEC. 3071. NEW YORK STATE CANAL SYSTEM. 

9 Section 553(c) of the Water Resources Development Act 

10 of 1996 (110 Stat. 3781) is amended to read as follows: 

11 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.—

12 In this section, the term ‘New York State Canal System’ 

13 means the 524 miles of navigable canal that comprise the 

14 New York State Canal System, including the Erie, Cayuga15 Seneca, Oswego, and Champlain Canals and the historic 

16 alignments of these canals, including the cities of Albany 

17 and Buffalo.’’.

18 SEC. 3072. ARCADIA LAKE, OKLAHOMA. 

19 Payments made by the city of Edmond, Oklahoma, to 

20 the Secretary in October 1999 of all costs associated with 

21 present and future water storage costs at Arcadia Lake, 

22 Oklahoma, under Arcadia Lake Water Storage Contract 

23 Number DACW56–79–C–002 shall satisfy the obligations of 

24 the city under that contract. 
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1 SEC. 3073. WILLAMETTE RIVER TEMPERATURE CONTROL, 

2 MCKENZIE SUBBASIN, OREGON. 

3 (a) IN GENERAL.—The project for environmental res4 toration, Willamette River Temperature Control, McKenzie 

5 Subbasin, Oregon, authorized by section 101(a)(25) of the 

6 Water Resources Development Act of 1996 (110 Stat. 3665) 

7 and modified by section 344 of the Water Resources Devel8 opment Act of 1999 (113 Stat. 308), is further modified 

9 to direct the Secretary to pay, subject to the availability 

10 of appropriations, compensation for losses to small business 

11 attributable to the implementation of the drawdown con12 ducted as a part of project implementation in 2002. 

13 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

14 120 days after the date of enactment of this Act, the Sec15 retary shall establish, and provide public notice of, a pro16 gram—

17 (1) to receive claims for compensation for losses 

18 to small business attributable to the implementation 

19 of the drawdown conducted as a part of project imple20 mentation in 2002; 

21 (2) to evaluate claims for such losses; and 

22 (3) to pay claims for such losses. 

23 (c) IMPLEMENTATION OF PROGRAM.—In carrying out 

24 the program established under subsection (b), the Secretary 

25 shall provide—
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1 (1) public notice of the existence of the program 

2 sufficient to reach those in the area that may have 

3 suffered losses to small businesses; 

4 (2) a period for the submission of claims of not 

5 fewer than 45 days and not greater than 75 days 

6 from the date of the first public notice of the existence 

7 of the program; 

8 (3) for the evaluation of each claim submitted to 

9 the Secretary under the program and a determination 

10 of whether the claim constitutes a loss to a small busi11 ness on or before the last day of the 30-day period be12 ginning on the date of submission of the claim; and 

13 (4) for the payment of each claim that the Sec14 retary determines constitutes a loss to a small busi15 ness on or before the last day of the 30-day period be16 ginning on the date of the Secretary’s determination.

17 (d) LOSS TO A SMALL BUSINESS DEFINED.—In this 

18 section, the term ‘‘loss to a small business’’ means docu19 mented financial losses associated with commercial activity 

20 of a small business that can be attributed to the turbidity 

21 levels in the McKenzie River being higher than those antici22 pated in the original planning documents and public an23 nouncements existing before the initiation of the drawdown 

24 in 2002. Commercial losses include decline in sales, loss of 

25 revenue (including loss of revenue from canceled or delayed 
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1 reservations at lodging establishments), and any other fi2 nancial losses that can be shown to be associated with the 

3 elevated turbidity levels in the McKenzie River in 2002. 

4 (e) PAYMENT OF CLAIMS.—The payment of claims for 

5 losses to small businesses shall be a Federal responsibility. 

6 SEC. 3074. FRENCH CREEK, UNION CITY DAM, PENNSYL7 VANIA. 

8 The project for flood control French Creek, Union City 

9 Dam, Pennsylvania, authorized by section 203 of the Flood 

10 Control Act of 1962 (76 Stat. 1189), is modified to include 

11 recreation as a project purpose. 

12 SEC. 3075. LACKAWANNA RIVER AT OLYPHANT, PENNSYL13 VANIA. 

14 The project for flood control, Lackawanna River at 

15 Olyphant, Pennsylvania, authorized by section 101(16) of 

16 the Water Resources Development Act of 1992 (106 Stat. 

17 4803), is modified to authorize the Secretary to construct 

18 the project, at a total cost of $20,000,000. 

19 SEC. 3076. LACKAWANNA RIVER AT SCRANTON, PENNSYL20 VANIA. 

21 The project for flood control, Lackawanna River at 

22 Scranton, Pennsylvania, authorized by section 101(17) of 

23 the Water Resources Development Act of 1992 (106 Stat. 

24 4803), is modified to authorize the Secretary to construct 

25 the project, at a total cost of $23,000,000.
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1 SEC. 3077. 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. 3078. 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 U.S.C. 

14 2330), is modified to direct the Secretary to credit up to 

15 $400,000 toward the non-Federal share of the cost of the 

16 project for planning and design work carried out by the 

17 non-Federal interest before the date of the partnership 

18 agreement for the project if the Secretary determines that 

19 the work is integral to the project. 

20 SEC. 3079. 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 modi25 fied to include as a project element the project for flood con26 trol for Solomon’s Creek, Wilkes-Barre, Pennsylvania.
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1 SEC. 3080. SOUTH CENTRAL PENNSYLVANIA. 

2 Section 313(h)(2) of the Water Resources Development 

3 Act of 1992 (106 Stat. 4847; 109 Stat. 407; 117 Stat. 142) 

4 is amended by striking ‘‘Allegheny, Armstrong, Beford, 

5 Blair, Cambria, Clearfield, Fayette, Franklin, Fulton, 

6 Greene, Huntingdon, Indiana, Juniata, Mifflin, Somerset, 

7 Snyder, Washington, and Westmoreland Counties’’ and in8 serting ‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 

9 Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, 

10 Juniata, Somerset, Washington, and Westmoreland Coun11 ties’’. 

12 SEC. 3081. WYOMING VALLEY, PENNSYLVANIA. 

13 In carrying out the project for flood control, Wyoming 

14 Valley, Pennsylvania, authorized by section 401(a) of the 

15 Water Resources Development Act of 1986 (100 Stat. 4124), 

16 the Secretary shall coordinate with non-Federal interests to 

17 review opportunities for increased public access. 

18 SEC. 3082. LITTLE LIMESTONE CREEK, JONESBOROUGH, 

19 TENNESSEE. 

20 In evaluating and implementing the project for flood 

21 damage reduction, Little Limestone Creek, Jonesborough, 

22 Tennessee, under section 205 of the Flood Control Act of 

23 1948 (33 U.S.C. 701s), the Secretary shall allow the non24 Federal interest to participate in the financing of the 

25 project in accordance with section 903(c) of the Water Re26 sources Development Act of 1986 (100 Stat. 4184), to the 
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1 extent that the Secretary’s evaluation indicates that apply2 ing such section is necessary to implement the project.

3 SEC. 3083. CEDAR BAYOU, TEXAS. 

4 (a) IN GENERAL.—The project for navigation, Cedar 

5 Bayou, Texas, reauthorized by section 349(a)(2) of the 

6 Water Resources Development Act of 2000 (114 Stat. 2632), 

7 is modified—

8 (1) to authorize the Secretary to carry out the 

9 project to a depth of 10 feet by 100 feet wide from 

10 mile 2.5 to mile 11 on Cedar Bayou if the Secretary 

11 determines that the project is feasible; and 

12 (2) to direct the Secretary to credit toward the 

13 non-Federal share of the cost of the project the cost of 

14 planning and design work carried out by the non15 Federal interest for the project if the Secretary deter16 mines that such work is integral to the project. 

17 (b) COST SHARING.—Cost sharing for construction 

18 and operation and maintenance of the project shall be deter19 mined in accordance with section 101 of the Water Re20 sources Development Act of 1986 (33 U.S.C. 2211). 

21 SEC. 3084. LAKE KEMP, TEXAS. 

22 (a) IN GENERAL.—The Secretary may not take any 

23 legal or administrative action seeking to remove a Lake 

24 Kemp improvement before the earlier of January 1, 2020, 
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1 or the date of any transfer of ownership of the improvement 

2 occurring after the date of enactment of this Act. 

3 (b) LIMITATION ON LIABILITY.—The United States, or 

4 any of its officers, agents, or assignees, shall not be liable 

5 for any injury, loss, or damage accruing to the owners of 

6 a Lake Kemp improvement, their lessees, or occupants as 

7 a result of any flooding or inundation of such improvements 

8 by the waters of the Lake Kemp reservoir, or for such in9 jury, loss, or damage as may occur through the operation 

10 and maintenance of the Lake Kemp dam and reservoir in 

11 any manner. 

12 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this sec13 tion, the term ‘‘Lake Kemp improvement’’ means an im14 provement (including dwellings) located within the flowage 

15 easement of Lake Kemp, Texas, below elevation 1159 feet 

16 mean sea level.

17 SEC. 3085. LOWER RIO GRANDE BASIN, TEXAS. 

18 The project for flood control, Lower Rio Grande Basin, 

19 Texas, authorized by section 401(a) of the Water Resources 

20 Development Act of 1986 (100 Stat. 4125), is modified—

21 (1) to direct the Secretary to credit toward the 

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

23 planning, design, and construction work carried out 

24 by the non-Federal interest before the date of the part-
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1 nership agreement for the project if the Secretary de2 termines that the work is integral to the project; and 

3 (2) 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 pay.

8 SEC. 3086. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

9 TEXAS. 

10 The project for ecosystem restoration and storm dam11 age reduction, North Padre Island, Corpus Christi Bay, 

12 Texas, authorized by section 556 of the Water Resources De13 velopment Act of 1999 (113 Stat. 353), is modified to in14 clude recreation as a project purpose. 

15 SEC. 3087. PROCTOR LAKE, TEXAS. 

16 The Secretary is authorized to convert flowage ease17 ments to fee simple title in the subdivisions of Buffalo 

18 Springs and Frees Lakeview, and adjacent areas, located 

19 within the boundaries necessary for the operation of the 

20 Proctor Lake project, Texas, authorized by section 203 of 

21 the Flood Control Act of 1954 (68 Stat. 1259), and to pur22 chase all improved and unimproved properties within such 

23 boundaries and to pay relocation assistance benefits to 

24 qualified landowners as applicable under the provisions of
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1 the Uniform Relocation Assistance and Real Property Ac2 quisition Act of 1970 (42 U.S.C. 4601 et seq.).

3 SEC. 3088. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

4 The project for flood control, San Antonio Channel, 

5 Texas, authorized by section 203 of the Flood Control Act 

6 of 1954 (68 Stat. 1259) as part of the comprehensive plan 

7 for flood protection on the Guadalupe and San Antonio 

8 Rivers in Texas and modified by section 103 of the Water 

9 Resources Development Act of 1976 (90 Stat. 2921) and sec10 tion 335 of the Water Resources Development Act of 2000 

11 (114 Stat. 2611), is further modified to authorize the Sec12 retary to credit toward the non-Federal share of the cost 

13 of the project the cost of construction work carried out by 

14 the non-Federal interest before the date of the partnership 

15 agreement for the project if the Secretary determines that 

16 the work is integral to the project. 

17 SEC. 3089. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA. 

18 Section 358 of the Water Resources Development Act 

19 of 1999 (113 Stat. 312) is amended by striking ‘‘September 

20 30, 1999’’ and inserting ‘‘May 4, 1997’’. 

21 SEC. 3090. ROANOKE RIVER UPPER BASIN, VIRGINIA. 

22 The project for flood control, Roanoke River Upper 

23 Basin, Virginia, authorized by section 401(a) of the Water 

24 Resources Development Act of 1986 (100 Stat. 4126) and 

25 modified by section 110 of the Energy and Water Develop-
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1 ment Appropriations Act, 1990 (103 Stat. 650), is further 

2 modified to authorize the Secretary to construct the project, 

3 at a total cost of $64,300,000, with an estimated Federal 

4 cost of $42,100,000 and an estimated non-Federal cost of 

5 $22,200,000. In carrying out the project, the Secretary shall 

6 award contracts based on invitation-for-bids procedures.

7 SEC. 3091. BLAIR AND SITCUM WATERWAYS, TACOMA HAR8 BOR, WASHINGTON. 

9 (a) IN GENERAL.—The project for navigation, Blair 

10 and Sitcum Waterways, Tacoma Harbor, Washington, au11 thorized by section 202(a) of the Water Resources Develop12 ment Act of 1986 (100 Stat. 4096) and deepened to 51 feet 

13 under section 107 of the River and Harbor Act of 1960 (33 

14 U.S.C. 577), is modified to direct the Secretary to review 

15 the locally prepared plan for the Blair and Sitcum Water16 ways, Washington, and, if the Secretary determines that the 

17 plan meets the evaluation and design standards of the Corps 

18 of Engineers and that the plan is feasible, to authorize the 

19 Secretary to carry out the plan, at a Federal cost of 

20 $4,240,000. 

21 (b) NON-FEDERAL WORK.—The Secretary shall pro22 vide credit toward the non-Federal share of the cost of the 

23 project, or reimbursement for, the cost of work carried out 

24 by the non-Federal interest before the date of the partner-
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1 ship agreement for the project if the Secretary determines 

2 that the work is integral to the project. 

3 SEC. 3092. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

4 Section 579(c) of the Water Resources Development Act 

5 of 1996 (110 Stat. 3790; 113 Stat. 312) is amended by 

6 striking ‘‘$47,000,000’’ and inserting ‘‘$89,000,000’’. 

7 SEC. 3093. MANITOWOC HARBOR, WISCONSIN. 

8 The project for navigation, Manitowoc Harbor, Wis9 consin, authorized by the River and Harbor Act of August 

10 30, 1852, is modified to direct the Secretary to deepen the 

11 upstream reach of the navigation channel from 12 feet to 

12 18 feet, at a total cost of $300,000.

13 SEC. 3094. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

14 Section 21 of the Water Resources Development Act of 

15 1988 (102 Stat. 4027) is amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘1276.42’’ and inserting 

18 ‘‘1278.42’’; 

19 (B) by striking ‘‘1218.31’’ and inserting 

20 ‘‘1221.31’’; and 

21 (C) by striking ‘‘1234.82’’ and inserting 

22 ‘‘1235.30’’; and 

23 (2) by striking subsection (b) and inserting the 

24 following: 
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1 ‘‘(b) EXCEPTION.—The Secretary may operate the 

2 headwaters reservoirs below the minimum or above the max3 imum water levels established in subsection (a) in accord4 ance with water control regulation manuals (or revisions 

5 thereto) developed by the Secretary, after consultation with 

6 the Governor of Minnesota and affected tribal governments, 

7 landowners, and commercial and recreational users. The 

8 water control regulation manuals (and any revisions there9 to) shall be effective when the Secretary transmits them to 

10 Congress. The Secretary shall report to Congress at least 

11 14 days before operating any such headwaters reservoir 

12 below the minimum or above the maximum water level lim13 its specified in subsection (a); except that notification is 

14 not required for operations necessary to prevent the loss of 

15 life or to ensure the safety of the dam or where the draw16 down of lake levels is in anticipation of flood control oper17 ations.’’. 

18 SEC. 3095. CONTINUATION OF PROJECT AUTHORIZATIONS. 

19 (a) IN GENERAL.—Notwithstanding section 1001(b)(2) 

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

21 579a(b)(2)), the following projects shall remain authorized 

22 to be carried out by the Secretary: 

23 (1) The project for navigation, Fall River Har24 bor, Massachusetts, authorized by section 101 of the 

25 River and Harbor Act of 1968 (82 Stat. 731). 
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1 (2) The project for flood control, Agana River, 

2 Guam, authorized by section 401(a) of the Water Re3 sources Development Act of 1986 (100 Stat. 4127). 

4 (b) LIMITATION.—A project described in subsection (a) 

5 shall not be authorized for construction after the last day 

6 of the 5-year period beginning on the date of enactment of 

7 this Act, unless, during such period, funds have been obli8 gated for the construction (including planning and design) 

9 of the project. 

10 SEC. 3096. PROJECT REAUTHORIZATIONS. 

11 Each of the following projects may be carried out by 

12 the Secretary and no construction on any such project may 

13 be initiated until the Secretary determines that the project 

14 is feasible: 

15 (1) MENOMINEE HARBOR AND RIVER, MICHIGAN

16 AND WISCONSIN.—The project for navigation, Menom17 inee Harbor and River, Michigan and Wisconsin, au18 thorized by section 101 of the River and Harbor Act 

19 of 1960 (74 Stat. 482) and deauthorized on April 15, 

20 2002, in accordance with section 1001(b)(2) of the 

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

22 579a(b)(2)). 

23 (2) MANITOWOC HARBOR, WISCONSIN.—That 

24 portion of the project for navigation, Manitowoc Har25 bor, Wisconsin, consisting of the channel in the south
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1 part of the outer harbor, deauthorized by section 101 

2 of the River and Harbor Act of 1962 (76 Stat. 1176). 

3 SEC. 3097. PROJECT DEAUTHORIZATIONS. 

4 (a) IN GENERAL.—The following projects are not au5 thorized after the date of enactment of this Act: 

6 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

7 portion of the project for navigation, Bridgeport Har8 bor, Connecticut, authorized by the River and Harbor 

9 Act of July 3, 1930 (46 Stat. 919), consisting of an 

10 18-foot channel in Yellow Mill River and described as 

11 follows: Beginning at a point along the eastern limit 

12 of the existing project, N123,649.75, E481,920.54, 

13 thence running northwesterly about 52.64 feet to a 

14 point N123,683.03, E481,879.75, thence running 

15 northeasterly about 1,442.21 feet to a point 

16 N125,030.08, E482,394.96, thence running northeast17 erly about 139.52 feet to a point along the east limit 

18 of the existing channel, N125,133.87, E482,488.19, 

19 thence running southwesterly about 1,588.98 feet to 

20 the point of origin. 

21 (2) NORWALK HARBOR, CONNECTICUT.—The fol22 lowing portions a 10-foot channel of the project for 

23 navigation, Norwalk Harbor, Connecticut, authorized 

24 by the first section of the Rivers and Harbors Appro25 priations Act of March 2, 1919 (40 Stat. 1276): 
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1 (A) An approximate rectangular shaped sec2 tion along the northwesterly terminus of the 

3 channel. The section is 35-feet wide and about 

4 460-feet long and is further described as follows: 

5 Commencing at a point N104,165.85, 

6 E417,662.71, thence running south 24 degrees 06 

7 minutes 55 seconds east 395.00 feet to a point 

8 N103,805.32, E417,824.10, thence running south 

9 00 degrees 38 minutes 06 seconds east 87.84 feet 

10 to a point N103,717.49, E417,825.07, thence 

11 running north 24 degrees 06 minutes 55 seconds 

12 west 480.00 feet, to a point N104,155.59, 

13 E417.628.96, thence running north 73 degrees 05 

14 minutes 25 seconds east 35.28 feet to the point 

15 of origin. 

16 (B) An area having the approximate shape 

17 of a parallelogram along the northeasterly por18 tion of the channel, southeast of the area de19 scribed in subparagraph (A). This area is 20-feet 

20 wide and about 260-feet long and is further de21 scribed as follows: Commencing at a point 

22 N103,855.48, E417,849.99, thence running south 

23 33 degrees 07 minutes 30 seconds east 133.40 feet 

24 to a point N103,743.76, E417,922.89, thence 

25 running south 24 degrees 07 minutes 04 seconds 
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1 east 127.75 feet to a point N103,627.16, 

2 E417,975.09, thence running north 33 degrees 07 

3 minutes 30 seconds west 190.00 feet to a point 

4 N103,786.28, E417,871.26, thence running north 

5 17 degrees 05 minutes 15 seconds west 72.39 feet 

6 to the point of origin. 

7 (3) CHICAGO RIVER AND HARBOR, CHICAGO, IL8 LINOIS.—Those portions of the projects for navigation, 

9 Chicago River and Chicago Harbor, Chicago, Illinois, 

10 authorized by the River and Harbor Act of March 3, 

11 1899 (30 Stat. 1129), extending 50 feet riverward of 

12 the existing dock wall on the south side of the channel 

13 from Lake Street to Franklin Street and 25 feet 

14 riverward of the existing dock wall on the south side 

15 of the channel from Franklin Street to Wabash Ave16 nue, and those areas within 20 feet of the bridge abut17 ments on the south side of the channel for the length 

18 of the protection bridge piers from the Franklin Street 

19 Bridge to the Michigan Avenue Bridge. 

20 (4) ISLAND END RIVER, MASSACHUSETTS.—The 

21 portion of the project for navigation, Island End 

22 River, Massachusetts, carried out under section 107 of 

23 the River and Harbor Act of 1960 (33 U.S.C. 577), 

24 described as follows: Beginning at a point along the 

25 eastern limit of the existing project, N507,348.98, 
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1 E721,180.01, thence running northeast about 35 feet 

2 to a point N507,384.17, E721,183.36, thence running 

3 northeast about 324 feet to a point N507,590.51, 

4 E721,433.17, thence running northeast about 345 feet 

5 to a point along the northern limit of the existing 

6 project, N507,927.29, E721,510.29, thence running 

7 southeast about 25 feet to a point N507,921.71, 

8 E721,534.66, thence running southwest about 354 feet 

9 to a point N507,576.65, E721,455.64, thence running 

10 southwest about 357 feet to the point of origin. 

11 (5) CITY WATERWAY, TACOMA, WASHINGTON.—

12 The portion of the project for navigation, City Water13 way, Tacoma, Washington, authorized by the first sec14 tion of the River and Harbor Appropriations Act of 

15 June 13, 1902 (32 Stat. 347), consisting of the last 

16 1,000 linear feet of the inner portion of the waterway 

17 beginning at Station 70+00 and ending at Station 

18 80+00. 

19 (b) ANCHORAGE AREA, NEW LONDON HARBOR, CON20 NECTICUT.—The portion of the project for navigation, New 

21 London Harbor, Connecticut, authorized by the River and 

22 Harbor Appropriations Act of June 13, 1902 (32 Stat. 

23 333), that consists of a 23-foot waterfront channel and that 

24 is further described as beginning at a point along the west25 ern limit of the existing project, N188, 802.75, E779, 
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1 462.81, thence running northeasterly about 1,373.88 feet to 

2 a point N189, 554.87, E780, 612.53, thence running south3 easterly about 439.54 feet to a point N189, 319.88, E780, 

4 983.98, thence running southwesterly about 831.58 feet to 

5 a point N188, 864.63, E780, 288.08, thence running south6 easterly about 567.39 feet to a point N188, 301.88, E780, 

7 360.49, thence running northwesterly about 1,027.96 feet to 

8 the point of origin, shall be redesignated as an anchorage 

9 area. 

10 (c) NORWALK HARBOR, CONNECTICUT.—The 10-foot 

11 channel portion of the Norwalk Harbor, Connecticut, navi12 gation project described in subsection (a)(2) is modified to 

13 authorize the Secretary to realign the channel to include 

14 a new section immediately north of the area described in 

15 subsection (a)(2)(B). The new triangular shaped section is 

16 described as follows: Commencing at a point N103,968.35, 

17 E417,815.29, thence running south 17 degrees 05 minutes 

18 15 seconds east 118.09 feet to a point N103,855.48, 

19 E417,849.99, thence running north 33 degrees 07 minutes 

20 30 seconds west 36.76 feet to a point N103,886.27, 

21 E417.829.90, thence running north 10 degrees 05 minutes 

22 26 seconds west 83.37 feet to the point of origin. 

23 (d) CHICAGO RIVER AND HARBOR, CHICAGO, ILLI24 NOIS.—The projects for navigation, Chicago River and Chi25 cago Harbor referred to in subsection (a)(3) are modified
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1 to direct the Secretary to redefine the Federal navigation 

2 channel for the North Branch Canal portion extending from 

3 100 feet downstream of the Halsted Street Bridge to 100 

4 feet upstream of the Division Street Bridge to be no wider 

5 than 66 feet. 

6 (e) ADDITIONAL DEAUTHORIZATIONS.—The following 

7 projects are not authorized after the date of enactment of 

8 this Act, except with respect to any portion of such a project 

9 which portion has been completed before such date or is 

10 under construction on such date: 

11 (1) The project for flood damage reduction, 

12 Cache Creek Basin, Clear Lake Outlet Channel, Cali13 fornia, authorized by the Water Resources Develop14 ment Act of 1986 (Public Law 99–662). 

15 (2) The project for flood control, Goleta and Vi16 cinity, California, authorized by the Flood Control 

17 Act of 1970. 

18 (3) The project to modify the Central and South19 ern Florida project to improve water supply to the 

20 Everglades National Park, Florida, authorized by the 

21 Flood Control Act of 1954 (Public Law 83–780) and 

22 the Flood Control Act of 1968 (Public Law 90–483). 

23 (4) The project for flood control, Central and 

24 Southern Florida Project, Shingle Creek Basin, Flor25 ida, authorized by the Flood Control Act of 1962. 
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1 (5) The project for flood control, Middle Wabash, 

2 Greenfield Bayou, Indiana, authorized by section 10 

3 of the Flood Control Act of 1946. 

4 (6) The project for flood damage reduction, Lake 

5 George, Hobart, Indiana, authorized by section 602 of 

6 the Water Resources Development Act of 1986 (Public 

7 Law 99–662). 

8 (7) The project for flood damage reduction, 

9 Green Bay Levee and Drainage District No. 2, Iowa, 

10 authorized by the Water Resources Development Act 

11 of 1986, deauthorized in fiscal year 1991, and reau12 thorized by the Water Resources Development Act of 

13 1992 (Public Law 102–580). 

14 (8) The project for flood damage reduction, Haz15 ard, Kentucky, authorized by section 3 of the Water 

16 Resources Development Act of 1988 (Public Law 100–

17 676) and section 108 of the Water Resources Develop18 ment Act of 1990 (Public Law 101–640). 

19 (9) The recreation portion of the project for flood 

20 control, Taylorsville Lake, Kentucky, authorized by 

21 section 203 of the Flood Control Act of 1966. 

22 (10) The project for flood control, West Kentucky 

23 Tributaries, Kentucky, authorized by the Flood Con24 trol Acts of 1965 and 1970 and the Water Resources 

25 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 Water 

4 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, author11 ized by the River and Harbor Act of 1968 (Public 

12 Law 90–483). 

13 (14) The project for flood damage reduction 

14 Brockton, Massachusetts, authorized by section 401(c) 

15 of the Water Resources Development Act of 1986 

16 (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 (Public 

4 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 Resources 

16 Development Act of 1986 (Public Law 99–662). 

17 (21) The project for flood control and recreation, 

18 Fairfield, Ohio, authorized by section 401(a) of the 

19 Water Resources Development Act of 1986 (Public 

20 Law 99–662). 

21 (22) The project for shoreline protection, Maumee 

22 Bay, Lake Erie, Ohio, authorized by section 501(a) of 

23 the Water Resources Development Act of 1986. 

24 (23) The project for flood control and water sup25 ply, Parker Lake, Muddy Boggy Creek, Oklahoma, 
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1 authorized by the Water Resources Development Act 

2 of 1986 (Public Law 99–662). 

3 (24) The project for the Columbia River, Sea4 farers Memorial, Hammond, Oregon, authorized by 

5 the Energy and Water Development Appropriations 

6 Act of 1991. 

7 (25) The project for bulkhead repairs, Quonset 

8 Point-Davisville, Rhode Island, authorized by section 

9 571 of the Water Resources Development Act of 1996. 

10 (26) The project for flood damage reduction, 

11 Harris Fork Creek, Tennessee and Kentucky, author12 ized by section 102 of the Water Resources Develop13 ment Acts of 1976 and 1986. 

14 (27) The project for flood damage reduction, Ar15 royo Colorado, Texas, authorized by the Water Re16 sources Development Act of 1986 (Public Law 99–

17 662). 

18 (28) The project for flood damage reduction, Cy19 press Creek-Structural, Texas, authorized by the 

20 Water Resources Development Act of 1988. 

21 (29) The project for flood damage reduction, 

22 East Fork Channel Improvement, Increment 2, East 

23 Fork of the Trinity River, Texas, authorized by the 

24 Flood Control Act of 1962.
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1 (30) The project for flood damage reduction, 

2 Falfurrias, Texas, authorized by the Water Resources 

3 Development Act of 1988. 

4 (31) The project for bank erosion, Kanawha 

5 River, Charleston, West Virginia, authorized by sec6 tion 603(f)(13) of the Water Resources Development 

7 Act of 1986 (Public Law 99–662).

8 (f) CONDITIONS.—The first sentence of section 

9 1001(b)(2) of the Water Resources Development Act of 1986 

10 (33 U.S.C. 579a(b)(2)) is amended—

11 (1) by striking ‘‘two years’’ and inserting 

12 ‘‘year’’; and 

13 (2) by striking ‘‘7’’ and inserting ‘‘5’’.

14 SEC. 3098. LAND CONVEYANCES. 

15 (a) MILFORD, KANSAS.—

16 (1) IN GENERAL.—Subject to the provisions of 

17 this section, the Secretary shall convey by quitclaim 

18 deed without consideration to the Geary County Fire 

19 Department, Milford, Kansas, all right, title, and in20 terest of the United States in and to a parcel of land 

21 consisting of approximately 7.4 acres located in 

22 Geary County, Kansas, for construction, operation, 

23 and maintenance of a fire station. 

24 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

25 The exact acreage and the description of the real 
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1 property referred to in paragraph (1) shall be deter2 mined by a survey that is satisfactory to the Sec3 retary. 

4 (3) REVERSION.—If the Secretary determines 

5 that the property conveyed under paragraph (1) 

6 ceases to be held in public ownership or to be used for 

7 any purpose other than a fire station, all right, title, 

8 and interest in and to the property shall revert to the 

9 United States, at the option of the United States. 

10 (b) BOARDMAN, OREGON.—Section 501(g)(1) of the 

11 Water Resources Development Act of 1996 (110 Stat. 3751) 

12 is amended—

13 (1) by striking ‘‘city of Boardman,’’ and insert14 ing ‘‘the Boardman Park and Recreation District, 

15 Boardman,’’; and 

16 (2) by striking ‘‘such city’’ and inserting ‘‘the 

17 city of Boardman’’. 

18 (c) GENERALLY APPLICABLE PROVISIONS.—

19 (1) APPLICABILITY OF PROPERTY SCREENING

20 PROVISIONS.—Section 2696 of title 10, United States 

21 Code, shall not apply to any conveyance under this 

22 section. 

23 (2) ADDITIONAL TERMS AND CONDITIONS.—The 

24 Secretary may require that any conveyance under 

25 this section be subject to such additional terms and 
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1 conditions as the Secretary considers appropriate and 

2 necessary to protect the interests of the United States. 

3 (3) COSTS OF CONVEYANCE.—An entity to which 

4 a conveyance is made under this section shall be re5 sponsible for all reasonable and necessary costs, in6 cluding real estate transaction and environmental 

7 compliance costs, associated with the conveyance. 

8 (4) LIABILITY.—An entity to which a conveyance 

9 is made under this section shall hold the United 

10 States harmless from any liability with respect to ac11 tivities carried out, on or after the date of the convey12 ance, on the real property conveyed. The United 

13 States shall remain responsible for any liability with 

14 respect to activities carried out, before such date, on 

15 the real property conveyed. 

16 SEC. 3099. EXTINGUISHMENT OF REVERSIONARY INTER17 ESTS AND USE RESTRICTIONS.

18 (a) IDAHO.—

19 (1) IN GENERAL.—With respect to each deed list20 ed in paragraph (2), the reversionary interests and 

21 use restrictions relating to industrial use purposes are 

22 extinguished. 

23 (2) AFFECTED DEEDS.—The deeds with the fol24 lowing county auditor’s file numbers are referred to 

25 in paragraph (1): 
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1 (A) Auditor’s Instrument No. 399218 of Nez 

2 Perce County, Idaho—2.07 acres. 

3 (B) Auditor’s Instrument No. 487437 of Nez 

4 Perce County, Idaho—7.32 acres.

5 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

6 RIVER, TENNESSEE.—

7 (1) RELEASE OF RETAINED RIGHTS, INTERESTS, 

8 RESERVATIONS.—With respect to land conveyed by 

9 the Secretary to the Tennessee Society of Crippled 

10 Children and Adults, Incorporated (now known as 

11 ‘‘Easter Seals Tennessee’’), at Old Hickory Lock and 

12 Dam, Cumberland River, Tennessee, under section 

13 211 of the Flood Control Act of 1965 (79 Stat. 1087), 

14 the reversionary interests and the use restrictions re15 lating to recreation and camping purposes are extin16 guished. 

17 (2) INSTRUMENT OF RELEASE.—As soon as pos18 sible after the date of enactment of this Act, the Sec19 retary shall execute and file in the appropriate office 

20 a deed of release, amended deed, or other appropriate 

21 instrument effectuating the release of interests re22 quired by paragraph (1). 

23 (c) NO EFFECT OF OTHER RIGHTS.—Nothing in this 

24 section affects the remaining rights and interests of the 

25 Corps of Engineers for authorized project purposes. 
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1 SEC. 3100. LAND EXCHANGE, DISPOSAL AND ACQUISITION 

2 OF LANDS, ALLATOONA LAKE, GEORGIA. 

3 (a) LAND EXCHANGE.— 

4 (1) IN GENERAL.—The Secretary may exchange 

5 lands above 863 feet in elevation at Allatoona Lake, 

6 Georgia, identified in the Real Estate Design Memo7 randum prepared by the Mobile district engineer, 

8 April 5, 1996, and approved October 8, 1996, for 

9 lands on the north side of Allatoona Lake that are 

10 needed for wildlife management and for protection of 

11 the water quality and overall environment of 

12 Allatoona Lake. 

13 (2) TERMS AND CONDITIONS.—The basis for all 

14 land exchanges under this subsection shall be a fair 

15 market appraisal so that lands exchanged are of equal 

16 value. 

17 (b) DISPOSAL AND ACQUISITION OF LANDS, 

18 ALLATOONA LAKE, GEORGIA.—

19 (1) IN GENERAL.—The Secretary may also sell 

20 lands above 863 feet in elevation at Allatoona Lake, 

21 Georgia, identified in the memorandum referred to in 

22 subsection (a)(1) and may use the proceeds to pay 

23 costs associated with the purchase of lands needed for 

24 wildlife management and for protection of the water 

25 quality and overall environment of Allatoona Lake.
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1 (2) TERMS AND CONDITIONS.—Land sales and 

2 purchases to be conducted under this subsection shall 

3 be subject to the following terms and conditions: 

4 (A) Lands acquired under this subsection 

5 shall be by negotiated purchase from willing sell6 ers only. 

7 (B) The basis for all transactions under the 

8 program shall be a fair market appraisal accept9 able to the Secretary. 

10 (C) The purchasers shall share in the associ11 ated environmental and real estate costs, to in12 clude surveys and associated fees in accordance 

13 with the memorandum referred to in subsection 

14 (a)(1). 

15 (D) Any other conditions that the Secretary 

16 may impose. 

17 (c) REPEAL.—Section 325 of the Water Resources De18 velopment Act of 1992 (106 Stat. 4849) is repealed. 

19 TITLE IV—STUDIES 

20 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

21 Section 455 of the Water Resources Development Act 

22 of 1999 (113 Stat. 330–332) is amended by adding at the 

23 end the following: 

24 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The non25 Federal interest may provide up to 100 percent of the non-
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1 Federal share required under subsection (f) in the form of 

2 services, materials, supplies, or other in-kind contribu3 tions.’’. 

4 SEC. 4002. ST. GEORGE HARBOR, ALASKA. 

5 The Secretary shall conduct, at Federal expense, a 

6 study to determine the feasibility of providing navigation 

7 improvements at St. George, Alaska. 

8 SEC. 4003. SUSITNA RIVER, ALASKA. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for hydropower, recre11 ation, and related purposes on the Susitna River, Alaska. 

12 SEC. 4004. SEARCY COUNTY, ARKANSAS. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of using Greers Ferry Lake as a water supply 

15 source for Searcy County, Arkansas. 

16 SEC. 4005. UPPER MISSISSIPPI RIVER AND ILLINOIS WATER17 WAY, ILLINOIS, IOWA, MINNESOTA, MISSOURI, 

18 AND WISCONSIN. 

19 The Secretary shall transmit to Congress a report on 

20 the results of the Upper Mississippi River and Illinois Wa21 terway Restructured System Navigation Feasibility Study, 

22 Illinois, Iowa, Minnesota, Missouri, and Wisconsin, no 

23 later than July 1, 2004.
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1 SEC. 4006. HAMILTON, CALIFORNIA. 

2 The Secretary is directed to continue planning, 

3 preconstruction, engineering, and design efforts on the Sac4 ramento-San Joaquin River Basins Comprehensive Study5 Hamilton City Flood Damage Reduction and Ecosystem 

6 Restoration Initial Project and shall include in the study 

7 an area 2 miles north and 4 miles south of State Highway 

8 32.

9 SEC. 4007. OCEANSIDE, CALIFORNIA. 

10 Section 414 of the Water Resources Development Act 

11 of 2000 (114 Stat. 2636) is amended by striking ‘‘32 

12 months’’ and inserting ‘‘44 months’’. 

13 SEC. 4008. SACRAMENTO RIVER, CALIFORNIA. 

14 The Secretary shall conduct a comprehensive study to 

15 determine the feasibility of, and alternatives for, measures 

16 to protect water diversion facilities and fish protective 

17 screen facilities in the vicinity of river mile 178 on the Sac18 ramento River, California.

19 SEC. 4009. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA20 QUIN DELTA, CALIFORNIA. 

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

22 study to determine the feasibility of the beneficial use of 

23 dredged material from the San Francisco Bay in the Sac24 ramento-San Joaquin Delta, California, including the bene25 fits and impacts of salinity in the Delta and the benefits 

26 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 Sec4 retary shall cooperate with the California Department of 

5 Water Resources and appropriate Federal and State enti6 ties in developing options for the beneficial use of dredged 

7 material from San Francisco Bay for the Sacramento-San 

8 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 res12 toration. The review may include monitoring a pilot project 

13 using up to 150,000 cubic yards of dredged material and 

14 being carried out at the Sherman Island site, examining 

15 larger scale use of dredged materials from the San Fran16 cisco Bay and Suisun Bay Channel, and analyzing the fea17 sibility of the potential use of saline materials from the San 

18 Francisco Bay for both rehandling and ecosystem restora19 tion purposes.

20 SEC. 4010. 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. 4011. 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. 4012. PADUCAH, KENTUCKY. 

8 The Secretary is authorized to complete a rehabilita9 tion evaluation report for the project for flood damage re10 duction, Paducah, Kentucky, and, if the Secretary deter11 mines that the project is feasible, proceed to preconstruction 

12 engineering and design for rehabilitation of the project. 

13 SEC. 4013. BASTROP-MOREHOUSE PARISH, LOUISIANA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply, 

16 Bastrop-Morehouse Parish, Louisiana.

17 SEC. 4014. WEST FELICIANA PARISH, LOUISIANA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for riverfront develop20 ment, including enhanced public access, recreation, and en21 vironmental restoration, on the Mississippi River in West 

22 Feliciana Parish, Louisiana.
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1 SEC. 4015. CITY OF MACKINAC ISLAND, MICHIGAN. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for navigation at the 

4 city of Mackinac Island, Michigan. 

5 SEC. 4016. CHICAGO, ILLINOIS. 

6 Section 425(a) of the Water Resources Development 

7 Act of 2000 (114 Stat. 2638) is amended by inserting ‘‘Lake 

8 Michigan and’’ before ‘‘the Chicago River’’. 

9 SEC. 4017. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, ILLI10 NOIS. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for ecosystem restora13 tion at the South Fork of the South Branch of the Chicago 

14 River, Chicago, Illinois. 

15 SEC. 4018. NORTHEAST MISSISSIPPI. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of modifying the project for navigation, Ten18 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

19 provide water supply for northeast Mississippi.

20 SEC. 4019. PUEBLO OF ZUNI, NEW MEXICO. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out projects for water resources devel23 opment, environmental restoration, and natural resources 

24 protection for the Pueblo of Zuni, New Mexico, under sec25 tion 203 of the Water Resources Development Act of 2000 

26 (33 U.S.C. 2269). 
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1 SEC. 4020. HUDSON-RARITAN ESTUARY, NEW YORK AND 

2 NEW JERSEY. 

3 In carrying out the study for environmental restora4 tion, Hudson-Raritan Estuary, New York and New Jersey, 

5 the Secretary shall establish and utilize watershed restora6 tion teams composed of estuary restoration experts from the 

7 Corps of Engineers, the New Jersey Department of Environ8 mental Protection, and the Port Authority of New York and 

9 New Jersey and other experts designated by the Secretary 

10 for the purpose of developing habitat restoration and water 

11 quality enhancement. 

12 SEC. 4021. SAC AND FOX NATION, OKLAHOMA. 

13 The Secretary shall complete a water and related land 

14 resource conservation and management plan for the Sac 

15 and Fox Nation, Oklahoma, under section 203 of the Water 

16 Resources Development Act of 2000 (33 U.S.C. 2269). 

17 SEC. 4022. SUTHERLIN, OREGON. 

18 (a) STUDY.—The Secretary shall conduct a study of 

19 water resources along Sutherlin Creek in the vicinity of 

20 Sutherlin, Oregon, to determine the feasibility of carrying 

21 out a project to restore and enhance aquatic resources using 

22 a combination of structural and bioengineering techniques 

23 and, if the Secretary determines that the project is feasible, 

24 may carry out the project.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $2,500,000. 

4 SEC. 4023. TILLAMOOK BAY AND BAR, OREGON. 

5 The Secretary shall conduct under section 216 of the 

6 Flood Control Act of 1970 (84 Stat. 1830) a study of the 

7 project for navigation, Tillamook Bay and Bar, Oregon, au8 thorized by the first section of the River and Harbor Appro9 priations Act of July 25, 1912 (37 Stat. 220), to investigate 

10 measures to address dangerous and hazardous wave and 

11 ocean conditions. 

12 SEC. 4024. ECOSYSTEM RESTORATION AND FISH PASSAGE 

13 IMPROVEMENTS, OREGON. 

14 (a) STUDY.—The Secretary shall conduct a study to 

15 determine the feasibility of undertaking ecosystem restora16 tion and fish passage improvements on rivers throughout 

17 the State of Oregon. 

18 (b) REQUIREMENTS.—In carrying out the study, the 

19 Secretary shall—

20 (1) work in coordination with the State of Or21 egon, local governments, and other Federal agencies; 

22 and 

23 (2) place emphasis on—

24 (A) fish passage and conservation and res25 toration strategies to benefit species that are list-
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1 ed or proposed for listing as threatened or en2 dangered species under the Endangered Species 

3 Act of 1973 (16 U.S.C. 1531 et seq.); and 

4 (B) other watershed restoration objectives. 

5 (c) PILOT PROGRAM.—

6 (1) IN GENERAL.—In conjunction with con7 ducting the study under subsection (a), the Secretary 

8 may carry out pilot projects to demonstrate the effec9 tiveness of ecosystem restoration and fish passages. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.—

11 There is authorized to be appropriated $5,000,000 to 

12 carry out this subsection. 

13 SEC. 4025. NORTHEASTERN PENNSYLVANIA AQUATIC ECO14 SYSTEM RESTORATION AND PROTECTION. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out aquatic ecosystem restoration 

17 and protection projects in the counties of Lackawanna, 

18 Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sullivan, 

19 Bradford, Northumberland, Union, Snyder, and Montour, 

20 Pennsylvania, particularly as related to abandoned mine 

21 drainage abatement and reestablishment of stream and 

22 river channels. 
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1 SEC. 4026. GEORGETOWN AND WILLIAMSBURG COUNTIES, 

2 SOUTH CAROLINA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply for 

5 Georgetown and Williamsburg Counties, South Carolina, 

6 including the viability and practicality of constructing a 

7 desalinization water treatment facility to meet such water 

8 supply needs. 

9 SEC. 4027. SABINE PASS TO GALVESTON BAY, TEXAS. 

10 In conducting a feasibility study for shore protection 

11 and related improvements between Sabine Pass and the en12 trance to Galveston Bay, Texas, the Secretary may include 

13 any benefits related to the use of State Highway 87 as an 

14 emergency evacuation route in the determination of na15 tional economic development benefits of the project.

16 SEC. 4028. GRAND COUNTY AND MOAB, UTAH. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for water supply for 

19 Grand County and the city of Moab, Utah, including a re20 view of the impact of current and future demands on the 

21 Spanish Valley Aquifer. 

22 SEC. 4029. CHEHALIS RIVER BASIN, WASHINGTON. 

23 The Secretary shall conduct a river basin study for 

24 the Chehalis River basin, Washington, including a study 

25 of the uses of the basin’s water resources to assist users in
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1 developing a fair and equitable distribution of such re2 sources. 

3 SEC. 4030. SPRAGUE, LINCOLN COUNTY, WASHINGTON. 

4 The Secretary may accept from the non-Federal inter5 est to pay all or a part of the non-Federal share of the cost 

6 of feasibility study for the project for flood control in the 

7 vicinity of Sprague, Lincoln County, Washington, funds 

8 made available under any other Federal program if such 

9 use of the funds is permitted under the Federal program.

10 SEC. 4031. MONONGAHELA RIVER BASIN, NORTHERN WEST 

11 VIRGINIA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out aquatic ecosystem restoration 

14 and protection projects in the watersheds of the 

15 Monongahela River basin lying within the counties of Han16 cock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

17 Doddridge, Monongalia, Marion, Harrison, Taylor, 

18 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, Brooke, 

19 and Rithchie, West Virginia, particularly as related to 

20 abandoned mine drainage abatement.

21 SEC. 4032. WAUWATOSA, WISCONSIN. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for flood damage reduc24 tion and environmental restoration, Menomonee River and 

25 Underwood Creek, Wauwatosa, Wisconsin. 
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1 TITLE V—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

4 (a) IN GENERAL.—Upon request of a non-Federal in5 terest, the Secretary shall be responsible for maintenance 

6 of the following navigation channels and breakwaters con7 structed or improved by the non-Federal interest if the Sec8 retary determines that such maintenance is economically 

9 justified and environmentally acceptable and that the chan10 nel or breakwater was constructed in accordance with ap11 plicable permits and appropriate engineering and design 

12 standards: 

13 (1) Pix Bayou navigation channel, Chambers 

14 County, Texas. 

15 (2) Pidgeon Industrial Harbor, Pidgeon Indus16 trial Park, Memphis Harbor, Tennessee. 

17 (3) Racine Harbor, Wisconsin. 

18 (b) COMPLETION OF ASSESSMENT.—Not later than 6 

19 months after the date of receipt of a request from a non20 Federal interest for Federal assumption of maintenance of 

21 a channel listed in subsection (a), the Secretary shall make 

22 a determination as provided in subsection (a) and advise 

23 the non-Federal interest of the Secretary’s determination.

24 (c) SABINE-NECHES WATERWAY, TEXAS.—The Sec25 retary shall remove sunken vessels and debris between miles 
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1 35 and 43 of the Channel to Orange, Sabine-Neches Water2 way, Texas, for the purpose of improving navigation safety 

3 and reducing the risk to the public. 

4 SEC. 5002. WATERSHED MANAGEMENT. 

5 (a) IN GENERAL.—The Secretary may provide tech6 nical, planning, and design assistance to non-Federal inter7 ests for carrying out watershed management, restoration, 

8 and development projects at the locations described in sub9 section (d). 

10 (b) SPECIFIC MEASURES.—Assistance provided under 

11 subsection (a) may be in support of non-Federal projects 

12 for the following purposes: 

13 (1) Management and restoration of water qual14 ity. 

15 (2) Control and remediation of toxic sediments. 

16 (3) Restoration of degraded streams, rivers, wet17 lands, and other waterbodies to their natural condi18 tion as a means to control flooding, excessive erosion, 

19 and sedimentation. 

20 (4) Protection and restoration of watersheds, in21 cluding urban watersheds. 

22 (5) Demonstration of technologies for non23 structural measures to reduce destructive impacts of 

24 flooding. 
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1 (c) NON-FEDERAL SHARE.—The non-Federal share of 

2 the cost of assistance provided under subsection (a) shall 

3 be 50 percent. 

4 (d) PROJECT LOCATIONS.—The locations referred to in 

5 subsection (a) are the following: 

6 (1) Spring Branch watershed, Huntsville, Ala7 bama. 

8 (2) Tuolumne County, California. 

9 (3) Cucamonga basin, Upland, California. 

10 (4) Kinkaid Lake, Jackson County, Illinois. 

11 (5) Those portions of the watersheds of the Con12 cord, Charles, Blackstone, Neponset, Taunton, Nash13 ua, Shawsheen, and Merrimack Rivers, Massachusetts, 

14 lying within the Interstate Route 495 corridor. 

15 (6) Jackson Brook watershed, New Jersey. 

16 (7) Those portions of the watersheds of the Bea17 ver, Upper Ohio, Connoquenessing, Lower Allegheny, 

18 Kiskiminetas, Lower Monongahela, Youghiogheny, 

19 Shenango, and Mahoning Rivers lying within the 

20 counties of Beaver, Butler, Lawrence, and Mercer, 

21 Pennsylvania. 

22 (8) Southampton Creek watershed, Southampton, 

23 Pennsylvania. 

24 (9) Unami Creek watershed, Milford Township, 

25 Pennsylvania. 
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1 (10) Amite River basin, Louisiana. 

2 (11) Iberville Parish, East Atchafalaya River 

3 basin, Louisiana. 

4 (12) Genesee River watershed, New York. 

5 (13) Tonawanda Creek watershed, New York. 

6 (14) Buffalo River watershed, New York. 

7 (15) Eighteenmile Creek watershed, Niagara 

8 County, New York. 

9 (16) Cattaragus Creek watershed, New York. 

10 (17) Oswego River basin, New York. 

11 (18) Red River watershed, Louisiana. 

12 (19) Fountain Creek and tributaries, Colorado. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $15,000,000. 

16 SEC. 5003. DAM SAFETY. 

17 (a) ASSISTANCE.—The Secretary may provide assist18 ance to enhance dam safety at the following locations: 

19 (1) Mountain Park Dam, Mountain Park, Geor20 gia. 

21 (2) Barber Dam, Ada County, Idaho. 

22 (3) Fish Creek Dam, Blaine County, Idaho. 

23 (4) Lost Valley Dam, Adams County, Idaho. 

24 (5) Salmon Falls Dam, Twin Falls County, 

25 Idaho.
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1 (6) Whaley Lake Dam, Pawling, New York. 

2 (7) Lake Carl Blackwell Dam, Stillwater, Okla3 homa. 

4 (8) Dams in Mountain Lakes Park, Princeton 

5 Township, New Jersey. 

6 (9) State Dam, Auburn, New York. 

7 (10) Candor Dam, Candor, New York.

8 (b) SPECIAL RULE.—The assistance provided under 

9 subsection (a) for State Dam, Auburn, New York, shall be 

10 for a project for rehabilitation in accordance with the report 

11 on State Dam Rehabilitation, Owasco Lake Outlet, New 

12 York, dated March 1999, if the Secretary determines that 

13 the project is feasible. 

14 (c) FERN RIDGE DAM, OREGON.—It is the sense of 

15 Congress that the Secretary should work to immediately 

16 remedy the situation at Fern Ridge Dam, Oregon, due to 

17 the rapid deterioration of the dam. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $6,000,000. 

21 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

22 (a) IN GENERAL.—Upon request of a non-Federal in23 terest, the Secretary shall evaluate the structural integrity 

24 and effectiveness of a project for flood damage reduction 

25 and, if the Secretary determines that the project does not 
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1 meet such minimum standards as the Secretary may estab2 lish and, absent action by the Secretary, the project will 

3 fail, the Secretary may take such action as may be nec4 essary to restore the integrity and effectiveness of the 

5 project. 

6 (b) PRIORITY.—The Secretary shall evaluate under 

7 subsection (a) the following projects: 

8 (1) Project for flood damage reduction, Arkansas 

9 River Levees, river mile 205 to river mile 308.4, Ar10 kansas. 

11 (2) Project for flood damage reduction, 

12 Marianna Borough, Pennsylvania. 

13 (3) Project for flood damage reduction, 

14 Nonconnah Creek, Tennessee.

15 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

16 Section 212(e) of the Water Resources Development Act 

17 of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is amended—

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (27); 

20 (2) by striking the period at the end of para21 graph (28) and inserting a semicolon; and 

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

23 ‘‘(29) La Crosse County, Wisconsin; 

24 ‘‘(30) Crawford County, Wisconsin; 

25 ‘‘(31) Buffalo County, Wisconsin; 
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1 ‘‘(32) Calhoun County, Illinois; 

2 ‘‘(33) Saint Charles County, Missouri; 

3 ‘‘(34) Saint Louis County, Missouri; 

4 ‘‘(35) Dubuque County, Iowa; 

5 ‘‘(36) Scott County, Iowa; 

6 ‘‘(37) Rock Island County, Illinois; 

7 ‘‘(38) Ascension Parish, Louisiana; 

8 ‘‘(39) East Baton Rouge Parish, Louisiana; 

9 ‘‘(40) Iberville Parish, Louisiana; and 

10 ‘‘(41) Livingston Parish, Louisiana.’’. 

11 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

12 PROJECTS. 

13 Section 219(e) of the Water Resources Development Act 

14 of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) 

15 is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (7); 

18 (2) by striking the period at the end of para19 graph (8) and inserting a semicolon; and 

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

21 ‘‘(9) $20,000,000 for the project described in sub22 section (c)(20); 

23 ‘‘(10) $20,000,000 for the project described in 

24 subsection (c)(25); 
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1 ‘‘(11) $15,000,000 for the project described in 

2 subsection (c)(26); 

3 ‘‘(12) $7,800,000 for the project described in sub4 section (c)(27); 

5 ‘‘(13) $18,000,000 for the project described in 

6 subsection (c)(31); and 

7 ‘‘(14) $30,000,000 for the project described in 

8 subsection (c)(40).’’. 

9 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CON10 STRUCTION FOR CERTAIN PROJECTS. 

11 The Secretary shall expedite completion of the reports 

12 and, if the Secretary determines the project is feasible, shall 

13 expedite completion of construction for the following 

14 projects: 

15 (1) Welch Point, Elk River, Cecil County, Mary16 land, being carried out under section 535(a) of the 

17 Water Resources Development Act of 1999 (113 Stat. 

18 348–349). 

19 (2) West View Shores, Cecil County, Maryland, 

20 being carried out under section 521 of the Water Re21 sources Development Act of 2000 (114. Stat. 2655). 

22 (3) Sylvan Beach Breakwater, Verona, Oneida 

23 County, New York, being carried out under section 3 

24 of the Act entitled ‘‘An Act authorizing Federal par25 ticipation in the cost of protecting the shores of pub-
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1 licly owned property’’, approved August 13, 1946 (33 

2 U.S.C. 426g).

3 (4) Fulmer Creek, Village of Mohawk, New York, 

4 being carried out under section 205 of the Flood Con5 trol Act of 1948 (33 U.S.C. 701s). 

6 (5) Moyer Creek, Village of Frankfort, New York, 

7 being carried out under section 205 of the Flood Con8 trol 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 Con11 trol 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 the 

14 Water Resources Development Act of 1996 (33 U.S.C. 

15 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 1986 

19 (33 U.S.C. 2309a). 

20 (9) Newton Creek, Bainbridge, New York, being 

21 carried out under section 14 of the Flood Control Act 

22 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 U.S.C. 

2 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 Har6 bor Act of March 2, 1945 (59 Stat. 19), and modified 

7 by the first section of the River and Harbor Act of 

8 July 24, 1946 (60 Stat. 636), and section 109 of the 

9 River and Harbor Act of 1958 (72 Stat. 302). 

10 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER11 TAIN PROJECTS. 

12 (a) IN GENERAL.—The Secretary shall expedite com13 pletion of the reports for the following projects and, if the 

14 Secretary determines that a project is justified in the com15 pleted report, proceed directly to project preconstruction, 

16 engineering, and design: 

17 (1) Project for flood damage reduction and eco18 system restoration, Sacramento and San Joaquin 

19 River basins, Hamilton, California. 

20 (2) Project for ecosystem restoration, University 

21 Lake, Baton Rouge, Louisiana. 

22 (3) Project for shoreline protection, Detroit River 

23 Greenway Corridor, Detroit, Michigan. 

24 (4) Project for shoreline stabilization at Egmont 

25 Key, Florida. 
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1 (b) SPECIAL RULE.—In carrying out the project for 

2 shoreline stabilization at Egmont Key, Florida, referred to 

3 in subsection (a)(4), the Secretary shall waive any cost 

4 share to be provided by non-Federal interests for any por5 tion of the project that benefits federally owned property. 

6 (c) CHESAPEAKE, MARYLAND.—The Secretary shall 

7 expedite completion of the study being carried out under 

8 section 535(b) of the Water Resources Development Act of 

9 1999 (113 Stat. 349) with respect to additional compensa10 tion to the city of Chesapeake, Maryland. 

11 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS12 MENT. 

13 The Secretary may provide assistance to a coordinated 

14 effort by Federal, State, and local agencies, non-Federal and 

15 nonprofit entities, regional researchers, and other interested 

16 parties to assess the water resources and water resources 

17 needs of river basins and watersheds of the southeastern 

18 United States. 

19 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

20 MANAGEMENT PROGRAM. 

21 Section 1103(e)(7)(A) of the Water Resources Develop22 ment Act of 1986 (33 U.S.C. 652(e)(7)(A)) is amended by 

23 adding at the end the following: ‘‘The non-Federal interest 

24 may provide the non-Federal share of the cost of the project 
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1 in the form of services, materials, supplies, or other in-kind 

2 contributions.’’.

3 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN4 HANCEMENT PROJECT. 

5 Section 514(g) of the Water Resources Development Act 

6 of 1999 (113 Stat. 343; 117 Stat. 142) is amended by strik7 ing ‘‘and 2004’’ and inserting ‘‘through 2015’’. 

8 SEC. 5012. MEMBERSHIP OF MISSOURI RIVER TRUST. 

9 Section 904(b)(1)(B) of the Water Resources Develop10 ment Act of 2000 (114 Stat. 2708) is amended—

11 (1) by striking ‘‘and’’ at the end of clause (vii); 

12 (2) by redesignating clause (viii) as clause (ix); 

13 and 

14 (3) by inserting after clause (vii) the following: 

15 ‘‘(viii) rural water systems; and’’. 

16 SEC. 5013. GREAT LAKES FISHERY AND ECOSYSTEM RES17 TORATION. 

18 Section 506(f)(3)(B) of the Water Resources Develop19 ment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 2646) 

20 is amended by striking ‘‘50 percent’’ and inserting ‘‘100 

21 percent’’. 

22 SEC. 5014. SUSQUEHANNA, DELAWARE, AND POTOMAC 

23 RIVER BASINS. 

24 (a) EX OFFICIO MEMBER.—Notwithstanding section 

25 3001(a) of the 1997 Emergency Supplemental Appropria-
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1 tions Act for Recovery From Natural Disasters, and for 

2 Overseas Peacekeeping Efforts, Including Those in Bosnia 

3 (111 Stat. 176) and section 2.2 of both the Susquehanna 

4 River Basin Compact (Public Law 91–575) and the Dela5 ware River Basin Compact (Public Law 87–328), begin6 ning in fiscal year 2002 and thereafter, the Division Engi7 neer, North Atlantic Division, Corps of Engineers, shall be 

8 the ex officio United States member under the Susquehanna 

9 River Basin Compact and the Delaware River Basin Com10 pact, who shall serve without additional compensation and 

11 who may designate an alternate member or members in ac12 cordance with the terms of those respective compacts. 

13 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

14 may allocate funds to the Susquehanna River Basin Com15 mission, Delaware River Basin Commission, and the Inter16 state Commission on the Potomac River Basin (Potomac 

17 River Basin Compact (Public Law 91–407)) to fulfill the 

18 equitable funding requirements of their respective interstate 

19 compacts. 

20 (c) WATER SUPPLY AND CONSERVATION STORAGE.—

21 The Secretary shall enter into an agreement with the Dela22 ware River Basin Commission to provide temporary water 

23 supply and conservation storage at the Francis E. Walter 

24 Dam, Pennsylvania, during any period in which the Com25 mission has determined that a drought warning or drought 
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1 emergency exists. The agreement shall provide that the cost 

2 for any such water supply and conservation storage shall 

3 not exceed the incremental operating costs associated with 

4 providing the storage. 

5 SEC. 5015. CHESAPEAKE BAY ENVIRONMENTAL RESTORA6 TION AND PROTECTION PROGRAM. 

7 Section 510(i) of the Water Resources Development Act 

8 of 1996 (110 Stat. 3761) is amended by striking 

9 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’. 

10 SEC. 5016. MONTGOMERY, ALABAMA. 

11 The Secretary shall review the navigation and aquatic 

12 ecosystem restoration components of the Montgomery River13 front and Downtown Master Plan, Montgomery, Alabama, 

14 dated May 2001, and prepared by the non-Federal interest 

15 and, if the Secretary determines that those components meet 

16 the evaluation and design standards of the Corps of Engi17 neers and that the components are feasible, may carry out 

18 the components at a Federal cost not to exceed $5,000,000.

19 SEC. 5017. PINHOOK CREEK, HUNTSVILLE, ALABAMA. 

20 The Secretary shall design and construct the locally 

21 preferred plan for flood protection at Pinhook Creek, Hunts22 ville, Alabama, under the authority of section 205 of the 

23 Flood Control Act of 1948 (33 U.S.C. 701s). The Secretary 

24 shall allow the non-Federal interest to participate in the 

25 financing of the project in accordance with section 903(c)
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1 of the Water Resources Development Act of 1986 (100 Stat. 

2 4184) to the extent that the Secretary’s evaluation indicates 

3 that applying such section is necessary to implement the 

4 project.

5 SEC. 5018. ALASKA. 

6 Section 570 of the Water Resources Development Act 

7 of 1999 (113 Stat. 369) is amended—

8 (1) in subsection (e)(3)(B) by striking the last 

9 sentence; 

10 (2) in subsection (h) by striking ‘‘$25,000,000’’ 

11 and inserting ‘‘$40,000,000’’; and 

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

13 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

14 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

15 5b(b)), for any project undertaken under this section, a non16 Federal interest may include a nonprofit entity, with the 

17 consent of the affected local government. 

18 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

19 of the amounts appropriated to carry out this section may 

20 be used by the Corps of Engineers district offices to admin21 ister projects under this section at 100 percent Federal ex22 pense.’’.

23 SEC. 5019. AKUTAN SMALL BOAT HARBOR, ALASKA. 

24 (a) IN GENERAL.—The Secretary shall expedite the 

25 study for the Akutan Small Boat Harbor, Alaska, and upon 
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1 completion of the feasibility study, shall design and con2 struct the project, if the Secretary determines that the 

3 project is feasible. 

4 (b) TREATMENT OF CERTAIN DREDGING.—The 

5 headlands dredging for the mooring basin shall be consid6 ered general navigation feature for purposes of estimating 

7 the non-Federal share of the cost of the project. 

8 SEC. 5020. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

9 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

10 Secretary shall assume responsibility for the long-term 

11 maintenance and repair of the Lowell Creek Tunnel. 

12 (b) STUDY.—The Secretary shall conduct a study to 

13 determine whether alternative methods of flood diversion in 

14 Lowell Canyon are feasible. 

15 SEC. 5021. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

16 ALASKA. 

17 The Secretary shall carry out, on an emergency basis, 

18 necessary removal of rubble, sediment, and rock that are 

19 impeding the entrance to the St. Herman and St. Paul 

20 Harbors, Kodiak, Alaska, at a Federal cost of $2,000,000.

21 SEC. 5022. AUGUSTA AND CLARENDON, ARKANSAS. 

22 (a) IN GENERAL.—The Secretary is authorized to per23 form operation, maintenance, and rehabilitation of author24 ized and completed levees on the White River between Au25 gusta 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. 5023. LOOMIS LANDING, ARKANSAS. 

8 The Secretary shall conduct a study of shore damage 

9 in the vicinity of Loomis Landing, Arkansas, to determine 

10 if the damage is the result of a Federal navigation project, 

11 and, if the Secretary determines that the damage is the re12 sult of a Federal navigation project, the Secretary shall 

13 carry out a project to mitigate the damage under section 

14 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). 

15 SEC. 5024. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA16 TION PROJECT, ARKANSAS AND OKLAHOMA. 

17 The McClellan-Kerr Arkansas River navigation and 

18 comprehensive development project, Arkansas and Okla19 homa, authorized by the Act entitled ‘‘An Act authorizing 

20 the construction of certain public works on rivers and har21 bors for flood control, and for other purposes’’, approved 

22 June 28, 1938 (52 Stat. 1215), and the first section of the 

23 River and Harbor Act of 1946 (60 Stat. 364) and modified 

24 by section 108 of the Energy and Water Development Ap25 propriations Act, 1988 (101 Stat. 1329–112), is further 
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1 modified to authorize a project depth of 12 feet in the States 

2 of Arkansas and Oklahoma. 

3 SEC. 5025. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS4 SOURI. 

5 The Secretary shall conduct a study of increased silta6 tion and streambank erosion in the St. Francis River basin, 

7 Arkansas and Missouri, to determine if the siltation or ero8 sion, or both, are the result of a Federal flood control project 

9 and, if the Secretary determines that the siltation or ero10 sion, or both, are the result of a Federal flood control 

11 project, the Secretary shall carry out a project to mitigate 

12 the siltation or erosion, or both.

13 SEC. 5026. CAMBRIA, CALIFORNIA. 

14 Section 219(f)(48) of the Water Resources Development 

15 Act of 1992 (114 Stat. 2763A–220) is amended—

16 (1) by striking ‘‘$10,300,000’’ and inserting the 

17 following: 

18 ‘‘(A) IN GENERAL.—$10,300,000’’; 

19 (2) by adding at the end the following: 

20 ‘‘(B) CREDIT.—The Secretary shall credit 

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

22 project not to exceed $3,000,000 for the cost of 

23 planning and design work carried out by the 

24 non-Federal interest before the date of the part25 nership agreement for the project if the Secretary 
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1 determines that the work is integral to the 

2 project.’’; and 

3 (3) by aligning the remainder of the text of sub4 paragraph (A) (as designated by paragraph (1) of 

5 this section) with subparagraph (B) (as added by 

6 paragraph (2) of this section). 

7 SEC. 5027. CONTRA COSTA CANAL, OAKLEY AND 

8 KNIGHTSEN, CALIFORNIA; MALLARD SLOUGH, 

9 PITTSBURG, CALIFORNIA. 

10 Sections 512 and 514 of the Water Resources Develop11 ment Act of 2000 (114 Stat. 2650) are each amended by 

12 adding at the end the following: ‘‘All planning, study, de13 sign, and construction on the project shall be carried out 

14 by the office of the district engineer, San Francisco, Cali15 fornia.’’. 

16 SEC. 5028. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

17 Section 219(f)(22) of the Water Resources Development 

18 Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336) is amend19 ed—

20 (1) by striking ‘‘$25,000,000’’ and inserting the 

21 following: 

22 ‘‘(A) IN GENERAL.—$25,000,000’’; 

23 (2) by adding at the end the following: 

24 ‘‘(B) CREDIT.—The Secretary shall credit 

25 toward the non-Federal share of the cost of the
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1 project (i) the cost of design and construction 

2 work carried out by the non-Federal interest be3 fore the date of the partnership agreement for the 

4 project if the Secretary determines that the work 

5 is integral to the project; and (ii) the cost of in6 kind services and materials provided for the 

7 project by the non-Federal interest. 

8 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non9 Federal interest may provide any portion of the 

10 non-Federal share of the cost of the project in the 

11 form of services, materials, supplies, or other in12 kind contributions.’’; and 

13 (3) by aligning the remainder of the text of sub14 paragraph (A) (as designated by paragraph (1) of 

15 this section) with subparagraph (B) (as added by 

16 paragraph (2) of this section).

17 SEC. 5029. SACRAMENTO AREA, CALIFORNIA. 

18 Section 219(f)(23) of the Water Resources Development 

19 Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336) is amend20 ed—

21 (1) by striking ‘‘$25,000,000’’ and inserting 

22 ‘‘$35,000,000’’; 

23 (2) by inserting ‘‘water supply and’’ before ‘‘re24 gional’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘$llllllll for wastewater and water sup3 ply infrastructure in the counties of Modoc, Lassen, 

4 Plumas, Butte, Sierra, Nevada, El Dorado, and Plac5 er, California.’’. 

6 SEC. 5030. SACRAMENTO DEEP WATER SHIP CHANNEL, 

7 CALIFORNIA. 

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

9 transfer title to the Bascule Bridge, deauthorized by section 

10 347(a)(2) of the Water Resources Development Act of 2000 

11 (114. Stat. 2618), to the city of West Sacramento, Cali12 fornia, subject to the execution of an agreement by the Sec13 retary and the city which specifies the terms and conditions 

14 for such transfer. The terms and conditions of the transfer 

15 shall include a provision authorizing the Secretary to par16 ticipate in the construction of a replacement bridge fol17 lowing the removal of the Bascule Bridge. 

18 (b) AUTHORIZATION OF APPROPRIATION.—There is 

19 authorized to be appropriated $5,000,000 for the Secretary 

20 to participate in the construction of a replacement bridge 

21 under this section. 

22 SEC. 5031. SAN FRANCISCO, CALIFORNIA. 

23 (a) PIER 70 WHARF 5 REMOVAL AND DREDGING

24 PROJECT.—
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1 (1) IN GENERAL.—The Secretary, in cooperation 

2 with the Port of San Francisco, shall carry out the 

3 project for removal of Wharf 5 and associated pilings 

4 and dredgings at Pier 70 in San Francisco, Cali5 fornia, substantially in accordance with the Port’s re6 development plans. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.—

8 There is authorized to be appropriated $1,600,000 to 

9 carry out this subsection. 

10 (b) PIERS 94–96 REPAIRS PROJECT.—

11 (1) IN GENERAL.—The Secretary, in cooperation 

12 with the Port of San Francisco, California, may 

13 carry out the project for repairs to Piers 94–96 in 

14 San Francisco, California, substantially in accord15 ance with the Port’s redevelopment plan. 

16 (2) AUTHORIZATION OF APPROPRIATION.—There 

17 is authorized to be appropriated $5,000,000 to carry 

18 out this subsection.

19 (c) CAPITAL IMPROVEMENT PROJECT.—

20 (1) ESTABLISHMENT OF OFFICE.—The Secretary 

21 shall establish a centralized office at the office of the 

22 district engineer, San Francisco, California, for the 

23 use of all Federal and State agencies that are or will 

24 be involved in issuing permits and conducting envi25 ronmental reviews for the capital improvement 
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1 project to repair and upgrade the water supply and 

2 delivery system for the city of San Francisco. 

3 (2) CONTRIBUTIONS.—The Secretary may use 

4 the authority under section 214 of the Water Re5 sources Development Act of 2000 (33 U.S.C. 2201 

6 note) for the project described in paragraph (1). 

7 (3) PROTECTION OF IMPARTIAL DECISION8 MAKING.—In carrying out this subsection, the Sec9 retary and the heads of Federal agencies receiving 

10 funds under such section 214 for the project described 

11 in paragraph (1) shall ensure that the use of the 

12 funds accepted under such section for such project will 

13 not impact impartial decisionmaking with respect to 

14 the issuance of permits, either substantively or proce15 durally, or diminish, modify, or otherwise affect the 

16 statutory or regulatory authorities of such agencies. 

17 SEC. 5032. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

18 AREA. 

19 (a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC

20 INTEREST.—Unless the Secretary finds, after consultation 

21 with local and regional public officials (including local and 

22 regional public planning organizations), that the proposed 

23 projects to be undertaken within the boundaries of the por24 tion of the San Francisco, California, waterfront area de25 scribed in subsection (b) are not in the public interest, such 
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1 portion is declared to be nonnavigable waters of the United 

2 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 San 

9 Francisco Port Authority; following thence westerly and 

10 southerly along said line of jurisdiction as described in the 

11 State of California Harbor and Navigable Code Section 

12 1770, as amended in 1961, to its intersection with the eas13 terly line of Townsend Street produced southerly; thence 

14 northerly along said easterly line of Townsend Street pro15 duced to its intersection with the United States Government 

16 pier-head line; thence following said pier-head line westerly 

17 and northerly to its intersection with the existing boundary 

18 line of Piers 30/32, then northerly and easterly along the 

19 existing boundary of Piers 30/32 until its intersection with 

20 the United States Government pier-head line, thence fol21 lowing said pier-head line westerly and northerly to the 

22 northwesterly line of Bryant Street produced northwesterly; 

23 thence southwesterly along said northwesterly line of Bry24 ant Street produced to the point 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 Act, 

8 including sections 9 and 10 of the Act of March 3, 1899 

9 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly known 

10 as the Rivers and Harbors Appropriation Act of 1899, sec11 tion 404 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1344), and the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.). 

14 (d) EXPIRATION DATE.—If, 20 years from the date of 

15 enactment of this Act, any area or part thereof described 

16 in subsection (b) is not bulkheaded or filled or occupied by 

17 permanent structures, including marina facilities, in ac18 cordance with the requirements set out in subsection (c), 

19 or if work in connection with any activity permitted in 

20 subsection (c) is not commenced within 5 years after 

21 issuance of such permits, then the declaration of nonnaviga22 bility for such area or part thereof shall expire. 

23 SEC. 5033. STOCKTON, CALIFORNIA. 

24 (a) REEVALUATION.—The Secretary shall reevaluate 

25 the feasibility of the Lower Mosher Slough element and the 
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1 levee extensions on the Upper Calaveras River element of 

2 the project for flood control, Stockton Metropolitan Area, 

3 California, carried out under section 211(f)(3) of the Water 

4 Resources Development Act of 1996 (110 Stat. 3683), to de5 termine the eligibility of such elements for reimbursement 

6 under section 211 of such Act (33 U.S.C. 701b–13). 

7 (b) SPECIAL RULES FOR REEVALUATION.—In con8 ducting the reevaluation under subsection (a), the Secretary 

9 shall not reject a feasibility determination based on policies 

10 of the Corps of Engineers concerning the frequency of flood11 ing, the drainage area, and the amount of runoff. 

12 (c) REIMBURSEMENT.—If the Secretary determines 

13 that the elements referred to subsection (a) are feasible, the 

14 Secretary shall reimburse, subject to appropriations, the 

15 non-Federal interest under section 211 of the Water Re16 sources Development Act of 1996 for the Federal share of 

17 the cost of such elements. 

18 SEC. 5034. CHARLES HERVEY TOWNSHEND BREAKWATER, 

19 CONNECTICUT. 

20 The western breakwater for the project for navigation, 

21 New Haven Harbor, Connecticut, authorized by the 1st sec22 tion of the Act entitled ‘‘An Act making appropriations for 

23 the construction, repair, and preservation of certain public 

24 works on rivers and harbors, and for other purposes’’, ap25 proved September 19, 1890 (26 Stat. 426), shall be known 
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1 and designated as the ‘‘Charles Hervey Townshend Break2 water’’. 

3 SEC. 5035. EVERGLADES RESTORATION, FLORIDA. 

4 (a) COMPREHENSIVE PLAN.—

5 (1) HILLSBORO AND OKEECHOBEE AQUIFER.—

6 Section 601(b)(2)(A) of the Water Resources Develop7 ment Act of 2000 (114 Stat. 2681) is amended—

8 (A) in clause (i) by adding at the end the 

9 following: ‘‘The project for aquifer storage and 

10 recovery, Hillsboro and Okeechobee Aquifer, Flor11 ida, authorized by section 101(a)(16) of the 

12 Water Resources Development Act of 1999 (113 

13 Stat. 276), shall be treated for purposes of this 

14 section as being in the Plan.’’; and 

15 (B) in clause (iii) by inserting after ‘‘sub16 paragraph (B)’’ the following: ‘‘and the project 

17 for aquifer storage and recovery, Hillsboro and 

18 Okeechobee Aquifer’’. 

19 (2) OUTREACH AND ASSISTANCE.—Section 

20 601(k) of such Act (114 Stat. 2691–2692) is amended 

21 by adding at the end the following: 

22 ‘‘(3) MAXIMUM EXPENDITURES.—The Secretary 

23 may expend up to $3,000,000 per fiscal year for fiscal 

24 years beginning after September 30, 2002, to carry 

25 out this subsection.’’. 
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1 (b) CRITICAL RESTORATION PROJECTS.—Section 

2 528(b)(3)(C) of the Water Resources Development Act of 

3 1996 (110 Stat. 3769; 113 Stat. 286) is amended—

4 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

5 all that follows through ‘‘2003’’ and inserting 

6 ‘‘$95,000,000’’; and 

7 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

8 inserting ‘‘$30,000,000’’.

9 SEC. 5036. FLORIDA KEYS WATER QUALITY IMPROVEMENTS. 

10 Section 109(e)(2) of Division B of the Miscellaneous 

11 Appropriations Act, 2001 (enacted into law by Public Law 

12 106–554) (114 Stat. 2763A–222) is amended by adding at 

13 the end the following:

14 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU15 TION OF THE PARTNERSHIP AGREEMENT.—The 

16 Secretary shall credit toward the non-Federal 

17 share of the cost of the project (i) the cost of con18 struction work carried out by the non-Federal 

19 interest before the date of the partnership agree20 ment for the project if the Secretary determines 

21 that the work is integral to the project; and (ii) 

22 the cost of land acquisition carried out by the 

23 non-Federal interest for projects to be carried out 

24 under this section.’’.
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1 SEC. 5037. LAKE WORTH, FLORIDA. 

2 The Secretary may carry out necessary repairs for the 

3 Lake Worth bulkhead replacement project, West Palm 

4 Beach, Florida, at an estimated total cost of $9,000,000. 

5 SEC. 5038. LAKE LANIER, GEORGIA. 

6 The Secretary may assist local interests with plan7 ning, design, and construction of facilities at the Lake La8 nier Olympic Center, Georgia, in support of the 2003 World 

9 Kayaking Championships, at a total cost of $5,300,000. 

10 SEC. 5039. RILEY CREEK RECREATION AREA, IDAHO. 

11 The Secretary is authorized to carry out the Riley 

12 Creek Recreation Area Operation Plan of the Albeni Falls 

13 Management Plan, dated October 2001, for the Riley Creek 

14 Recreation Area, Albeni Falls Dam, Bonner County, Idaho. 

15 SEC. 5040. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC16 TION PROJECTS. 

17 (a) IN GENERAL.—The Secretary may participate in 

18 the reconstruction of an eligible flood control project if the 

19 Secretary determines that such reconstruction is not re20 quired as a result of improper operation and maintenance 

21 of the project by the non-Federal interest. 

22 (b) COST SHARING.—The non-Federal share of the 

23 costs for the reconstruction of a flood control project author24 ized by this section shall be the same Federal share that 

25 was applicable to construction of the project. The non-Fed26 eral interest shall be responsible for operation and mainte-
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1 nance and repair of a project for which reconstruction is 

2 undertaken under this section. 

3 (c) RECONSTRUCTION DEFINED.—In this section, the 

4 term ‘‘reconstruction’’, as used with respect to a project, 

5 means addressing major project deficiencies caused by long6 term degradation of the foundation, construction materials, 

7 or engineering systems or components of the project, the re8 sults of which render the project at risk of not performing 

9 in compliance with its authorized project purposes. In ad10 dressing such deficiencies, the Secretary may incorporate 

11 current design standards and efficiency improvements, in12 cluding the replacement of obsolete mechanical and elec13 trical components at pumping stations, if such incorpora14 tion does not significantly change the scope, function, and 

15 purpose of the project as authorized. 

16 (d) ELIGIBLE PROJECTS.—The following flood control 

17 projects are eligible for reconstruction under this section: 

18 (1) Wood River Drainage and Levee District, Il19 linois, authorized as part of the navigation project of 

20 the Upper Mississippi River basin by section 2 of the 

21 Flood Control Act of June 28, 1938 (52 Stat. 1218). 

22 (2) Clear Creek Drainage and Levee District, Il23 linois, authorized by section 5 of the Flood Control 

24 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 navigation 

3 project of the Upper Mississippi River basin by sec4 tion 2 of the Flood Control Act of June 22, 1938 (52 

5 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 au10 thorized to be appropriated $15,000,000 to carry out this 

11 section. Such sums shall remain available until expended. 

12 SEC. 5041. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA13 TION. 

14 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec15 tion, the term ‘‘Kaskaskia River basin’’ means the 

16 Kaskaskia River, Illinois, its backwaters, its side channels, 

17 and all tributaries, including their watersheds, draining 

18 into the Kaskaskia River. 

19 (b) COMPREHENSIVE PLAN.—

20 (1) DEVELOPMENT.—The Secretary shall de21 velop, as expeditiously as practicable, a comprehen22 sive plan for the purpose of restoring, preserving, and 

23 protecting the Kaskaskia River basin. 

24 (2) TECHNOLOGIES AND INNOVATIVE AP25 PROACHES.—The comprehensive plan shall provide 
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1 for the development of new technologies and innova2 tive approaches—

3 (A) to enhance the Kaskaskia River as a 

4 transportation corridor; 

5 (B) to improve water quality within the en6 tire Kaskaskia River basin; 

7 (C) to restore, enhance, and preserve habitat 

8 for plants and wildlife; 

9 (D) to increase economic opportunity for 

10 agriculture and business communities; and 

11 (E) to reduce the impacts of flooding to 

12 communities and landowners.

13 (3) SPECIFIC COMPONENTS.—The comprehensive 

14 plan shall include such features as are necessary to 

15 provide for—

16 (A) the development and implementation of 

17 a program for sediment removal technology, sedi18 ment characterization, sediment transport, and 

19 beneficial uses of sediment; 

20 (B) the development and implementation of 

21 a program for the planning, conservation, eval22 uation, and construction of measures for fish and 

23 wildlife habitat conservation and rehabilitation, 

24 and stabilization and enhancement of land and 

25 water resources in the basin; 
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1 (C) the development and implementation of 

2 a long-term resource monitoring program; 

3 (D) the development and implementation of 

4 a computerized inventory and analysis system; 

5 and 

6 (E) the development and implementation of 

7 a systemic plan to reduce flood impacts by 

8 means of ecosystem restoration projects. 

9 (4) CONSULTATION.—The comprehensive plan 

10 shall be developed by the Secretary in consultation 

11 with appropriate Federal agencies, the State of Illi12 nois, and the Kaskaskia River Coordinating Council. 

13 (5) REPORT TO CONGRESS.—Not later than 2 

14 years after the date of enactment of this Act, the Sec15 retary shall transmit to Congress a report containing 

16 the comprehensive plan. 

17 (6) ADDITIONAL STUDIES AND ANALYSES.—After 

18 transmission of a report under paragraph (5), the 

19 Secretary shall conduct studies and analyses of 

20 projects related to the comprehensive plan that are 

21 appropriate and consistent with this subsection. 

22 (c) GENERAL PROVISIONS.—

23 (1) WATER QUALITY.—In carrying out activities 

24 under this section, the Secretary’s recommendations
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1 shall be consistent with applicable State water quality 

2 standards. 

3 (2) PUBLIC PARTICIPATION.—In developing the 

4 comprehensive plan under subsection (b), the Sec5 retary shall implement procedures to facilitate public 

6 participation, including providing advance notice of 

7 meetings, providing adequate opportunity for public 

8 input and comment, maintaining appropriate 

9 records, and making a record of the proceedings of 

10 meetings available for public inspection. 

11 (d) COORDINATION.—The Secretary shall integrate ac12 tivities carried out under this section with ongoing Federal 

13 and State programs, projects, and activities, including the 

14 following: 

15 (1) Farm programs of the Department of Agri16 culture. 

17 (2) Conservation Reserve Enhancement Program 

18 (State of Illinois) and Conservation 2000 Ecosystem 

19 Program of the Illinois Department of Natural Re20 sources. 

21 (3) Conservation 2000 Conservation Practices 

22 Program and the Livestock Management Facilities 

23 Act administered by the Illinois Department of Agri24 culture. 
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1 (4) National Buffer Initiative of the Natural Re2 sources Conservation Service. 

3 (5) Nonpoint source grant program administered 

4 by the Illinois Environmental Protection Agency. 

5 (e) COST SHARING.—

6 (1) IN GENERAL.—The non-Federal share of the 

7 cost of activities carried out under this section shall 

8 be 35 percent. 

9 (2) IN-KIND SERVICES.—The Secretary may 

10 credit the cost of in-kind services provided by the non11 Federal interest for an activity carried out under this 

12 section toward not more than 80 percent of the non13 Federal share of the cost of the activity. In-kind serv14 ices shall include all State funds expended on pro15 grams that accomplish the goals of this section, as de16 termined by the Secretary. The programs may include 

17 the Kaskaskia River Conservation Reserve Program, 

18 the Illinois Conservation 2000 Program, the Open 

19 Lands Trust Fund, and other appropriate programs 

20 carried out in the Kaskaskia River basin. 

21 SEC. 5042. NATALIE CREEK, MIDLOTHIAN AND OAK FOREST, 

22 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. 5043. 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 Stat. 

8 2653–2655), at a total cost of $16,000,000, with an esti9 mated Federal cost of $10,400,000 and an estimated non10 Federal cost of $5,600,000. 

11 SEC. 5044. ILLINOIS RIVER BASIN RESTORATION. 

12 (a) EXTENSION OF AUTHORIZATION.—Section 

13 519(c)(2) of the Water Resources Development Act of 2000 

14 (114 Stat. 2654) is amended by striking ‘‘2004’’ and insert15 ing ‘‘2010’’.

16 (b) IN-KIND SERVICES.—Section 519(g)(3) of such Act 

17 (114 Stat. 2655) is amended by inserting before the period 

18 at the end of the first sentence ‘‘if such services are provided 

19 not more than 5 years before the date of initiation of the 

20 project or activity’’.

21 SEC. 5045. CALUMET REGION, INDIANA. 

22 Section 219(f)(12) of the Water Resources Development 

23 Act of 1992 (113 Stat. 335) is amended—

24 (1) by striking ‘‘$10,000,000’’ and inserting 

25 ‘‘$30,000,000’’; and 
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1 (2) by striking ‘‘Lake and Porter’’ and inserting 

2 ‘‘Benton, Jasper, Lake, Newton, and Porter’’.

3 SEC. 5046. RATHBUN LAKE, IOWA. 

4 (a) CONVEYANCE.—The Secretary shall convey the re5 maining water supply storage allocation in Rathbun Lake, 

6 Iowa, to the Rathbun Regional Water Association (in this 

7 section referred to as the ‘‘Water Association’’). 

8 (b) COST SHARING.—Notwithstanding the Water Sup9 ply Act of 1958 (43 U.S.C. 390b), the Water Association 

10 shall pay 100 percent of the cost of the water supply storage 

11 allocation to be conveyed under subsection (a). The Sec12 retary shall credit toward such non-Federal share the cost 

13 of any structures and facilities constructed by the Water 

14 Association at the project. 

15 (c) TERMS AND CONDITIONS.—Before conveying the 

16 water supply storage allocation under subsection (a), the 

17 Secretary shall enter into an agreement with the Water As18 sociation, under which the Water Association shall agree 

19 to—

20 (1) in accordance with designs approved by the 

21 Chief of Engineers, construct structures and facilities 

22 referred to in subsection (b) that have a value equal 

23 to or greater than the amount that otherwise would 

24 be paid to the Federal Government for the costs of the 
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1 water supply storage under the Water Supply Act of 

2 1958 (43 U.S.C. 390b); 

3 (2) be responsible for operating and maintaining 

4 the structures and facilities; 

5 (3) pay all operation and maintenance costs al6 located to the water supply storage space; 

7 (4) use any revenues generated at the structures 

8 and facilities that are above those required to operate 

9 and maintain or improve the complex to undertake, 

10 subject to the approval of the Chief of Engineers, ac11 tivities that will improve the quality of the environ12 ment in the Rathbun Lake watershed area; and 

13 (5) such other terms and conditions as the Sec14 retary considers necessary to protect the interests of 

15 the United States.

16 SEC. 5047. CUMBERLAND RIVER BASIN, KENTUCKY. 

17 At reservoirs managed by the Secretary within the 

18 Cumberland River basin, Kentucky, the Secretary shall con19 tinue to charge fees associated with storage and mainte20 nance of water supply that were in effect on October 1, 

21 2002. 

22 SEC. 5048. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY. 

23 The Secretary shall conduct a study of flood damage 

24 along Mayfield Creek and tributaries between Wickliffe and 

25 Mayfield, Kentucky, to determine if the damage is the result
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1 of a Federal flood damage reduction project, and, if the Sec2 retary determines that the damage is the result of a Federal 

3 flood damage reduction project, the Secretary shall carry 

4 out a project to mitigate the damage at Federal expense.

5 SEC. 5049. NORTH FORK, KENTUCKY RIVER, BREATHITT 

6 COUNTY, KENTUCKY. 

7 The Secretary shall rebuild the structure that is imped8 ing high water flows on the North Fork of the Kentucky 

9 River in Breathitt County, Kentucky, in a manner that 

10 will reduce flood damages, at an estimated total cost of 

11 $1,800,000. The non-Federal interest shall provide lands, 

12 easements, rights-of-way, relocations, and disposal areas re13 quired for the project. Operation and maintenance of the 

14 rebuilt structure shall be a non-Federal expense. 

15 SEC. 5050. SOUTHERN AND EASTERN KENTUCKY. 

16 Section 531 of the Water Resources Development Act 

17 of 1996 (110 Stat. 3774; 113 Stat. 348; 117 Stat. 142) is 

18 amended by adding the following: 

19 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

20 of the amounts appropriated to carry out this section for 

21 fiscal years 2004 and thereafter may be used by the Corps 

22 of Engineers district offices to administer projects under 

23 this section at 100 percent Federal expense.’’. 
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1 SEC. 5051. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

2 AND RESTORATION. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) COASTAL LOUISIANA ECOSYSTEM.—The term 

6 ‘‘Coastal Louisiana Ecosystem’’ means the coastal 

7 area of Louisiana from the Sabine River on the west 

8 to the Pearl River on the east and includes tidal wa9 ters, barrier islands, marshes, coastal wetlands, rivers 

10 and streams, and adjacent areas. 

11 (2) GOVERNOR.—The term ‘‘Governor’’ means 

12 the Governor of Louisiana. 

13 (3) TASK FORCE.—The term ‘‘Task Force’’ 

14 means the Coastal Louisiana Ecosystem Protection 

15 and Restoration Task Force established by subsection 

16 (e). 

17 (b) COMPREHENSIVE PLAN.—

18 (1) IN GENERAL.—The Secretary shall develop a 

19 comprehensive plan for the purpose of protecting, pre20 serving, and restoring the Coastal Louisiana Eco21 system. The comprehensive plan shall provide for the 

22 protection, conservation and restoration of the wet23 lands, barrier islands, shorelines, and related lands 

24 and features that protect critical resources, habitat, 

25 and infrastructure from the impacts of coastal storms, 

26 hurricanes, erosion, and subsidence. 
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1 (2) DEADLINE.—Not later than July 1, 2004, the 

2 Secretary shall transmit the plan to Congress. 

3 (3) CONTENTS.—The plan shall include a com4 prehensive report and a programmatic environmental 

5 impact statement covering the proposed Federal ac6 tion set forth in the plan. 

7 (4) ADDITIONAL STUDIES AND ANALYSES.—After 

8 transmission of a report under this subsection, the 

9 Secretary may conduct studies and analyses of 

10 projects related to the comprehensive plan that are 

11 appropriate and consistent with this subsection. 

12 (c) INTEGRATION OF OTHER ACTIVITIES.—

13 (1) IN GENERAL.—In developing the plan under 

14 subsection (b), the Secretary shall integrate ongoing 

15 Federal and State projects and activities, including 

16 projects implemented under the Coastal Wetlands 

17 Planning, Protection and Restoration Act (16 U.S.C. 

18 3951 et seq.), the Louisiana Coastal Wetlands Con19 servation Plan, the Louisiana Coastal Zone Manage20 ment Plan, and the plan of the State of Louisiana en21 titled ‘‘Coast 2050: Toward a Sustainable Coastal 

22 Louisiana’’. 

23 (2) STATUTORY CONSTRUCTION.—

24 (A) EXISTING AUTHORITY.—Except as oth25 erwise expressly provided for in this section, 
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1 nothing in the section affects any authority in 

2 effect on the date of enactment of this Act, or any 

3 requirement relating to the participation in pro4 tection or restoration activities in the Coastal 

5 Louisiana Ecosystem, including projects and ac6 tivities specified in paragraph (1) of—

7 (i) the Department of the Army; 

8 (ii) the Department of the Interior; 

9 (iii) the Department of Commerce; 

10 (iv) the Environmental Protection 

11 Agency; 

12 (v) the Department of Agriculture; 

13 (vi) the Department of Transportation; 

14 (vii) the Department of Energy; and 

15 (viii) the State of Louisiana. 

16 (B) NEW AUTHORITY.—Nothing in this sec17 tion confers any new regulatory authority on 

18 any Federal or non-Federal entity that carries 

19 out any activity authorized by this section. 

20 (d) COST SHARING.—The non-Federal share of the cost 

21 of developing the plan under subsection (b) shall be 50 per22 cent. 

23 (e) COASTAL LOUISIANA ECOSYSTEM PROTECTION AND

24 RESTORATION TASK FORCE.—
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1 (1) ESTABLISHMENT AND MEMBERSHIP.—There 

2 is established the Coastal Louisiana Ecosystem Pro3 tection and Restoration Task Force, which shall con4 sist of the following members (or, in the case of the 

5 head of a Federal Agency, a designee at the level of 

6 Assistant Secretary or an equivalent level): 

7 (A) The Secretary. 

8 (B) The Secretary of the Interior. 

9 (C) The Secretary of Commerce. 

10 (D) The Administrator of the Environ11 mental Protection Agency. 

12 (E) The Secretary of Agriculture. 

13 (F) The Secretary of Transportation. 

14 (G) The Secretary of Energy. 

15 (H) The Coastal Advisor to the Governor. 

16 (I) The Secretary of the Louisiana Depart17 ment of Natural Resources. 

18 (J) A representative of the Governor’s Advi19 sory Commission on Coastal Restoration and 

20 Conservation, Louisiana. 

21 (2) DUTIES OF TASK FORCE.—The Task Force—

22 (A) shall consult with, and provide rec23 ommendations to, the Secretary during develop24 ment of the comprehensive plan under subsection 

25 (b)(1);
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1 (B) shall coordinate the development of con2 sistent 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 agencies 

8 and entities represented on the Task Force to 

9 promote ecosystem protection, restoration, and 

10 maintenance; 

11 (D) shall establish a regional working group 

12 which shall include representatives of the agen13 cies and entities represented on the Task Force 

14 as well as other governmental entities as appro15 priate for the purpose of formulating, recom16 mending, coordinating, and implementing poli17 cies, strategies, plans, programs, projects, activi18 ties, 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 its 

23 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 asso9 ciated with the protection and restoration of the 

10 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 budg17 et requests for the funds proposed to be expended 

18 by agencies and entities represented on the Task 

19 Force for the protection, conservation, and res20 toration of the Coastal Louisiana Ecosystem; 

21 and 

22 (J) shall transmit to the Committee on 

23 Transportation and Infrastructure of the House 

24 of Representatives and the Committee on Envi-
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1 ronment and Public Works of the Senate a report 

2 that summarizes the activities of the Task Force. 

3 (3) PROCEDURES AND ADVICE.—

4 (A) PUBLIC PARTICIPATION.—

5 (i) IN GENERAL.—The Task Force shall 

6 implement procedures to facilitate public 

7 participation in the advisory process, in8 cluding providing advance notice of meet9 ings, providing adequate opportunity for 

10 public input and comment, maintaining 

11 appropriate records, and making a record 

12 of proceedings of meetings available for pub13 lic inspection. 

14 (ii) OVERSIGHT.—The Secretary shall 

15 ensure that the procedures described in 

16 clause (i) are adopted and implemented and 

17 that the records described in clause (i) are 

18 accurately maintained and available for 

19 public inspection. 

20 (B) ADVISORS TO THE TASK FORCE AND

21 WORKING GROUPS.—The Task Force or the work22 ing group described in paragraph (2)(D) may 

23 seek such advice and input from any interested, 

24 knowledgeable, or affected party as the Task 

25 Force or working group determines to be nec-
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1 essary to perform the duties described in para2 graph (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 com7 mittees under the Federal Advisory Committee 

8 Act (5 U.S.C. App). 

9 (4) COMPENSATION.—A member of the Task 

10 Force shall receive no additional compensation for the 

11 services provided as a member of the Task Force. 

12 (5) TRAVEL EXPENSES.—Travel expenses in13 curred by a member of the Task Force in the perform14 ance of services for the Task Force shall be paid by 

15 the agency or entity that the member represents. 

16 SEC. 5052. BATON ROUGE, LOUISIANA. 

17 Section 219(f)(21) of the Water Resources Development 

18 Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) is 

19 amended by striking ‘‘$20,000,000’’ and inserting 

20 ‘‘$35,000,000’’. 

21 SEC. 5053. WEST BATON ROUGE PARISH, LOUISIANA. 

22 Section 517(5) of the Water Resources Development 

23 Act of 1999 (113 Stat. 345) is amended to read as follows: 

24 ‘‘(5) Mississippi River, West Baton Rouge Par25 ish, Louisiana, project for waterfront and riverine 
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1 preservation, restoration, enhancement modifications, 

2 and interpretive center development.’’. 

3 SEC. 5054. CHESAPEAKE BAY SHORELINE, MARYLAND, VIR4 GINIA, PENNSYLVANIA, AND DELAWARE. 

5 (a) IN GENERAL.—In carrying out comprehensive 

6 study of the feasibility of a project to address shoreline ero7 sion and related sediment management measures to protect 

8 water and land resources of the Chesapeake Bay, the Sec9 retary may carry out pilot projects to demonstrate the feasi10 bility of alternative measures to address sediment loads to 

11 the Chesapeake Bay from sediment behind dams on the 

12 lower Susquehanna River. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated $5,000,000 to carry out this 

15 section.

16 SEC. 5055. DELMARVA CONSERVATION CORRIDOR, MARY17 LAND. 

18 (a) ASSISTANCE.—The Secretary may provide tech19 nical assistance to the Secretary of Agriculture in carrying 

20 out the Conservation Corridor Demonstration Program au21 thorized under subtitle G of title II of Public Law 107–

22 171 (116 Stat. 275–278). 

23 (b) COORDINATION AND INTEGRATION.—In carrying 

24 out water resources projects in the State of Maryland on 

25 land located on the east side of the Chesapeake Bay, the
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1 Secretary shall coordinate and integrate, to the extent prac2 ticable, such projects with any activities undertaken to im3 plement a conservation corridor plan approved by the Sec4 retary of Agriculture under section 2602 of Public Law 

5 107–171 (116 Stat. 275–276). 

6 SEC. 5056. DETROIT RIVER, MICHIGAN. 

7 Section 568(c)(2) of the Water Resources Development 

8 Act of 1999 (113 Stat. 368) is amended by striking 

9 ‘‘$1,000,000’’ and inserting ‘‘$25,000,000’’. 

10 SEC. 5057. OAKLAND COUNTY, MICHIGAN. 

11 Section 219(f)(29) of the Water Resources Development 

12 Act of 1992 (113 Stat. 336) is amended by inserting ‘‘sani13 tary sewer overflows and’’ before ‘‘combined sewer over14 flows’’. 

15 SEC. 5058. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI16 GAN. 

17 The Secretary shall carry out feasible aquatic eco18 system restoration projects identified in the comprehensive 

19 management plan for St. Clair River and Lake St. Clair, 

20 Michigan, developed under section 426 of the Water Re21 sources Development Act of 1999 (113 Stat. 326), at a total 

22 Federal cost of not to exceed $5,000,000. 
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1 SEC. 5059. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

2 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of the 

3 Water Resources Development Act of 1992 (114 Stat. 

4 2763A–221) is amended— 

5 (1) in the paragraph heading by striking ‘‘TOWN6 SHIP’’ and inserting ‘‘AND CROW WING AND MILLE

7 LACS COUNTIES’’; 

8 (2) by inserting ‘‘, Crow Wing County, Mille 

9 Lacs County,’’ after ‘‘Garrison’’; and 

10 (3) by adding at the end the following: ‘‘Such as11 sistance shall be provided directly to the Garrison12 Kathio-West Mille Lacs Lake Sanitary District, Min13 nesota.’’. 

14 (b) PROCEDURES.—In carrying out the project for 

15 Garrison and Kathio Township, Minnesota, authorized by 

16 such section 219(f)(61), the Secretary may use the cost shar17 ing and contracting procedures available to the Secretary 

18 under section 569 of the Water Resources Development Act 

19 of 1999 (113 Stat. 368). 

20 SEC. 5060. NORTHEASTERN MINNESOTA. 

21 (a) IN GENERAL.—Section 569 of the Water Resources 

22 Development Act of 1999 (113 Stat. 368) is amended—

23 (1) in subsection (a) by striking ‘‘Benton, 

24 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

25 Wadena,’’; 
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1 (2) by striking the last sentence of subsection 

2 (e)(3)(B); 

3 (3) by striking subsection (g) and inserting the 

4 following: 

5 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section 

6 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

7 5b(b)), for any project undertaken under this section, a non8 Federal interest may include a nonprofit entity.’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

11 of the amounts appropriated to carry out this section may 

12 be used by the Corps of Engineers district offices to admin13 ister projects under this section at 100 percent Federal ex14 pense.’’. 

15 (b) BIWABIK, MINNESOTA.—The Secretary shall reim16 burse the non-Federal interest for the project for environ17 mental infrastructure, Biwabik, Minnesota, carried out 

18 under section 569 of the Water Resources Development Act 

19 of 1999 (113 Stat. 368–369), for planning, design, and con20 struction costs that were incurred by the non-Federal inter21 est with respect to the project before the date of the partner22 ship agreement for the project and that were in excess of 

23 the non-Federal share of the cost of the project if the Sec24 retary determines that the costs are appropriate. 
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1 SEC. 5061. DESOTO COUNTY, MISSISSIPPI. 

2 Section 219(f)(30) of the Water Resources Development 

3 Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) is 

4 amended by striking ‘‘$20,000,000’’ and inserting 

5 ‘‘$30,000,000’’. 

6 SEC. 5062. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

7 MISSISSIPPI. 

8 In carrying out projects for the protection, restoration, 

9 and creation of aquatic and ecologically related habitats lo10 cated in Harrison, Hancock, and Jackson Counties, Mis11 sissippi, under section 204 of the Water Resources Develop12 ment Act of 1992 (33 U.S.C. 2326), the Secretary shall ac13 cept any portion of the non-Federal share of the cost of the 

14 project in the form of services, materials, supplies, and other 

15 in-kind contributions. 

16 SEC. 5063. 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 for 

23 other purposes’’, approved June 25, 1910, the Secretary 

24 may carry out activities necessary to restore and protect 

25 fish and wildlife habitat in the middle Mississippi River 

26 system. Such activities may include modification of naviga-
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1 tion training structures, modification and creation of side 

2 channels, modification and creation of islands, and studies 

3 and analysis necessary to apply adaptive management 

4 principles in design of future work.

5 SEC. 5064. ST. LOUIS, MISSOURI. 

6 Section 219(f)(32) of the Water Resources Development 

7 Act of 1992 (106 Stat. 4835–4836; 113 Stat. 337) is amend8 ed by striking ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’. 

9 SEC. 5065. HACKENSACK MEADOWLANDS AREA, NEW JER10 SEY. 

11 Section 324 of the Water Resources Development Act 

12 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘design’’ and inserting 

15 ‘‘planning, design,’’; and 

16 (B) by striking ‘‘Hackensack Meadowlands 

17 Development’’ and all that follows through ‘‘Plan 

18 for’’ and inserting ‘‘New Jersey Meadowlands 

19 Commission for the development of an environ20 mental improvement program for’’; 

21 (2) in subsection (b)—

22 (A) in the subsection heading by striking 

23 ‘‘REQUIRED’’; 

24 (B) by striking ‘‘shall’’ and inserting 

25 ‘‘may’’;
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1 (C) by striking paragraph (1) and inserting 

2 the following: 

3 ‘‘(1) Restoration and acquisitions of significant 

4 wetlands and aquatic habitat that contribute to the 

5 Meadowlands ecosystem.’’; 

6 (D) in paragraph (2) by inserting ‘‘and 

7 aquatic habitat’’ before the period at the end; 

8 and 

9 (E) by striking paragraph (7) and inserting 

10 the following: 

11 ‘‘(7) Research, development, and implementation 

12 for a water quality improvement program, including 

13 restoration of hydrology and tidal flows and remedi14 ation of hot spots and other sources of contaminants 

15 that degrade existing or planned sites.’’; 

16 (3) in subsection (c) by inserting before the last 

17 sentence the following: ‘‘The non-Federal sponsor may 

18 also provide in-kind services, not to exceed 25 percent 

19 of the total project cost, and may also receive credit 

20 for reasonable cost of design work completed prior to 

21 entering into the partnership agreement with the Sec22 retary for a project to be carried out under the pro23 gram developed under subsection (a).’’; and 

24 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

25 and inserting ‘‘$35,000,000’’. 
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1 SEC. 5066. ATLANTIC COAST OF NEW YORK. 

2 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

3 the Water Resources Development Act of 1992 (106 Stat. 

4 4863) is amended—

5 (1) by striking ‘‘processes’’ and inserting ‘‘and 

6 related environmental processes’’;

7 (2) by inserting after ‘‘Atlantic Coast’’ the fol8 lowing: ‘‘(and associated back bays)’’; 

9 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

10 environmental restoration or conservation measures 

11 for coastal and back bays,’’; and 

12 (4) by inserting at the end the following: ‘‘The 

13 plan for collecting data and monitoring information 

14 included in such annual report shall be fully coordi15 nated with and agreed to by appropriate agencies of 

16 the State of New York.’’. 

17 (b) ANNUAL REPORTS.—Section 404(b) of such Act is 

18 amended—

19 (1) by striking ‘‘INITIAL PLAN.—Not later than 

20 12 months after the date of the enactment of this Act, 

21 the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 

22 (2) by striking ‘‘initial plan for data collection 

23 and monitoring’’ and inserting ‘‘annual report of 

24 data collection and monitoring activities’’; and 

25 (3) by striking the last sentence. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 404(c) of such Act (113 Stat. 341) is amended by striking 

3 ‘‘and an additional total of $2,500,000 for fiscal years 

4 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 2000 

5 through 2002, and $17,000,000 for fiscal years beginning 

6 after September 30, 2002,’’. 

7 SEC. 5067. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

8 In carrying out section 312 of the Water Resources De9 velopment Act of 1990 (104 Stat. 4639–4640), the Secretary 

10 shall give priority to work in College Point, New York City, 

11 New York. 

12 SEC. 5068. FLUSHING BAY AND CREEK, NEW YORK CITY, 

13 NEW YORK. 

14 The Secretary shall credit toward the non-Federal 

15 share of the cost of the project for ecosystem restoration, 

16 Flushing Bay and Creek, New York City, New York, the 

17 cost of design and construction work carried out by the non18 Federal interest before the date of the partnership agreement 

19 for the project if the Secretary determines that the work is 

20 integral to the project. 

21 SEC. 5069. LITTLE NECK BAY, VILLAGE OF KINGS POINT, 

22 NEW YORK. 

23 (a) IN GENERAL.—The Secretary may carry out a 

24 navigation project at Little Neck Bay (Hague Basin), Vil-
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1 lage of Kings Point, New York, sufficient to permit the safe 

2 operation of the vessel T/V Kings Pointer at all tide levels. 

3 (b) REIMBURSEMENT.—The Secretary shall seek reim4 bursement from the United States Merchant Marine Acad5 emy for the cost of the project carried out under this section.

6 SEC. 5070. ONONDAGA LAKE, NEW YORK. 

7 Section 573 of the Water Resources Development Act 

8 of 1999 (113 Stat. 372–373) is amended—

9 (1) in subsection (f) by striking ‘‘$10,000,000’’ 

10 and inserting ‘‘$30,000,000’’; 

11 (2) by redesignating subsections (f) and (g) as 

12 subsections (g) and (h), respectively; and 

13 (3) by inserting after subsection (e) the following: 

14 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section 

15 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

16 5b(b)), for any project carried out under this section, a non17 Federal sponsor may include a nonprofit entity, with the 

18 consent of the affected local government.’’.

19 SEC. 5071. JOHN H. KERR DAM AND RESERVOIR, NORTH 

20 CAROLINA. 

21 The Secretary shall expedite the completion of the cal22 culations necessary to negotiate and execute a revised, per23 manent contract for water supply storage at John H. Kerr 

24 Dam and Reservoir, North Carolina, among the Secretary 
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1 and the Kerr Lake Regional Water System and the city of 

2 Henderson, North Carolina. 

3 SEC. 5072. STANLY COUNTY, NORTH CAROLINA. 

4 Section 219(f)(64) of the Water Resources Development 

5 Act of 1992 (114 Stat. 2763A–221) is amended by inserting 

6 ‘‘water and’’ before ‘‘wastewater’’.

7 SEC. 5073. CENTRAL RIVERFRONT PARK, CINCINNATI, OHIO. 

8 If the Secretary is authorized to carry out a downtown 

9 waterfront development project for the Central Riverfront 

10 Park, Cincinnati, Ohio, the Secretary shall credit toward 

11 the non-Federal share of the cost of the project the cost of—

12 (1) design and construction work undertaken by 

13 the non-Federal interest before entering into a part14 nership agreement for the project with the Secretary 

15 if the Secretary determines that the work is integral 

16 to the project; and 

17 (2) land, easements, rights-of-way, and reloca18 tions provided by the non-Federal interest.

19 SEC. 5074. PIEDMONT LAKE DAM, OHIO. 

20 In reconstructing the road on the Piedmont Lake Dam 

21 as part of the project for dam safety assurance, Piedmont 

22 Lake Dam, Ohio, being carried out under section 4 of the 

23 Flood Control Act of August 11, 1939 (53 Stat. 1414–1415), 

24 the Secretary shall upgrade the condition of the road to 

25 meet standards applicable to public use roads in the State
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1 of Ohio. The incremental cost of upgrading the road to meet 

2 such standards shall be a non-Federal expense.

3 SEC. 5075. OHIO. 

4 Section 594(g) of the Water Resources Development Act 

5 of 1999 (113 Stat. 383) is amended by striking 

6 ‘‘$60,000,000’’ and inserting ‘‘$90,000,000’’. 

7 SEC. 5076. WAURIKA LAKE, OKLAHOMA. 

8 The remaining obligation of the Waurika Project Mas9 ter Conservancy District payable to the United States Gov10 ernment in the amounts, rates of interest, and payment 

11 schedules is set at the amounts, rates of interest, and pay12 ment schedules that existed, and that both parties agreed 

13 to, on June 3, 1986, and may not be adjusted, altered, or 

14 changed without a specific, separate, and written agreement 

15 between the District and the United States Government. 

16 SEC. 5077. COLUMBIA RIVER, OREGON. 

17 Section 401(b)(3) of Public Law 100–581 (102 Stat. 

18 2944), is amended by inserting ‘‘and Celilo Village, Or19 egon’’ after ‘‘existing sites’’. 

20 SEC. 5078. EUGENE, OREGON. 

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

22 study to determine the feasibility of restoring the millrace 

23 in Eugene, Oregon, and, if the Secretary determines that 

24 the restoration is feasible, shall carry out the restoration. 
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1 (b) CONSIDERATION OF NONECONOMIC BENEFITS.—In 

2 determining the feasibility of restoring the millrace, the Sec3 retary shall include noneconomic benefits associated with 

4 the historical significance of the millrace and associated 

5 with preservation and enhancement of resources. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $20,000,000. 

9 SEC. 5079. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR10 EGON AND WASHINGTON. 

11 (a) IN GENERAL.—The Secretary shall pay up to 

12 $2,500,000 to the provider of research and curation support 

13 previously provided to the Federal Government as a result 

14 of the multipurpose project, John Day Lock and Dam, Lake 

15 Umatilla, Oregon and Washington, authorized by section 

16 101 of the River and Harbor Act of 1950 (64 Stat. 167), 

17 and the several navigation and flood damage reduction 

18 projects constructed on the Columbia River and Lower Wil19 lamette River, Oregon and Washington. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $2,500,000.

23 SEC. 5080. LOWELL, OREGON. 

24 (a) IN GENERAL.—The Secretary may convey without 

25 consideration to Lowell School District, by quitclaim deed, 
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1 all right, title and interest of the United States in and to 

2 approximately 3.32 acres of land and buildings thereon, 

3 known as Tract A–82, located in Lowell, Oregon, and de4 scribed in subsection (b). 

5 (b) DESCRIPTION OF PROPERTY.—The parcel of land 

6 authorized to be conveyed under subsection (a) is as follows: 

7 Commencing at the point of intersection of the west line 

8 of Pioneer Street with the westerly extension of the north 

9 line of Summit Street, in Meadows Addition to Lowell, as 

10 platted and recorded at page 56 of Volume 4, Lane County 

11 Oregon Plat Records; thence north on the west line of Pio12 neer Street a distance of 176.0 feet to the true point of be13 ginning of this description; thence north on the west line 

14 of Pioneer Street a distance of 170.0 feet; thence west at 

15 right angles to the west line of Pioneer Street a distance 

16 of 250.0 feet; thence south and parallel to the west line of 

17 Pioneer Street a distance of 170.0 feet; thence east 250.0 

18 feet to the true point of beginning of this description in 

19 Section 14, Township 19 South, Range 1 West of the Wil20 lamette Meridian, Lane County, Oregon. 

21 (c) TERMS AND CONDITIONS.—Before conveying the 

22 parcel to the school district, the Secretary shall ensure that 

23 the conditions of buildings and facilities meet the require24 ments of applicable Federal law. 

25 (d) GENERALLY APPLICABLE PROVISIONS.—
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1 (1) APPLICABILITY OF PROPERTY SCREENING

2 PROVISIONS.—Section 2696 of title 10, United States 

3 Code, shall not apply to any conveyance under this 

4 section. 

5 (2) LIABILITY.—An entity to which a conveyance 

6 is made under this section shall hold the United 

7 States harmless from any liability with respect to ac8 tivities carried out, on or after the date of the convey9 ance, on the real property conveyed. The United 

10 States shall remain responsible for any liability with 

11 respect to activities carried out, before such date, on 

12 the real property conveyed.

13 SEC. 5081. HAGERMAN’S RUN, WILLIAMSPORT, PENNSYL14 VANIA. 

15 The Secretary may rehabilitate the pumps at the 

16 project for flood damage reduction, Hagerman’s Run, Wil17 liamsport, Pennsylvania, at a total Federal cost of 

18 $225,000. 

19 SEC. 5082. NORTHEAST PENNSYLVANIA. 

20 Section 219(f)(11) of the Water Resources Development 

21 Act of 1992 (113 Stat. 335) is amended by striking ‘‘and 

22 Monroe’’ and inserting ‘‘Northumberland, Union, Snyder, 

23 and Montour’’. 
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1 SEC. 5083. SUSQUEHANNOCK CAMPGROUND ACCESS ROAD, 

2 RAYSTOWN LAKE, PENNSYLVANIA. 

3 (a) IMPROVEMENT OF ACCESS ROAD.—The Secretary 

4 may make improvements to the Susquehannock Camp5 ground access road at Raystown Lake, Pennsylvania. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $500,000. 

9 SEC. 5084. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL10 VANIA AND NEW YORK. 

11 Section 567 of the Water Resources Development Act 

12 of 1996 (110 Stat. 3787–3788; 114 Stat. 2662–2663) is 

13 amended—

14 (1) in subsection (a)(2) by striking 

15 ‘‘$10,000,000.’’ and inserting the following: 

16 ‘‘$20,000,000, of which the Secretary may utilize not 

17 more than $5,000,000 to design and construct feasible 

18 pilot projects during the development of the strategy 

19 to demonstrate alternative approaches for the strat20 egy. The total cost for any single pilot project may 

21 not exceed $500,000. The Secretary shall evaluate the 

22 results of the pilot projects and consider the results in 

23 the development of the strategy.’’; 

24 (2) in subsection (c)—
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1 (A) in the subsection heading by striking 

2 ‘‘COOPERATION’’ and inserting ‘‘COOPERATIVE’’; 

3 and 

4 (B) by striking ‘‘cooperation’’ and inserting 

5 ‘‘cooperative’’; and 

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

7 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

8 non-Federal share of the cost of the project (i) the cost of 

9 design and construction work carried out by the non-Fed10 eral interest before the date of the partnership agreement 

11 for the project if the Secretary determines that the work is 

12 integral to the project; and (ii) the cost of in-kind services 

13 and materials provided for the project by the non-Federal 

14 interest.’’. 

15 SEC. 5085. WASHINGTON, GREENE, WESTMORELAND, AND 

16 FAYETTE COUNTIES, PENNSYLVANIA. 

17 Section 219(f)(70) of the Water Resources Development 

18 Act of 1992 (114 Stat. 2763A–221) is amended by striking 

19 ‘‘$8,000,000’’ and inserting ‘‘$13,300,000’’. 

20 SEC. 5086. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

21 The Secretary shall review a report prepared by the 

22 non-Federal interest concerning flood protection and envi23 ronmental restoration for Cano Martin Pena, San Juan, 

24 Puerto Rico, and, if the Secretary determines that the re25 port meets the evaluation and design standards of the Corps 
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1 of Engineers and that the project is feasible, may carry out 

2 the project, at a total cost of $130,000,000, with an esti3 mated Federal cost of $85,000,000 and an estimated non4 Federal cost of $45,000,000. 

5 SEC. 5087. BEAUFORT AND JASPER COUNTIES, SOUTH 

6 CAROLINA. 

7 The Secretary may accept from the Department of the 

8 Navy, and may use, not to exceed $23,000,000 to assist the 

9 Beaufort Jasper Water and Sewage Authority, South Caro10 lina, with its plan to consolidate civilian and military 

11 wastewater treatment facilities. 

12 SEC. 5088. COOPER RIVER, SOUTH CAROLINA. 

13 (a) IN GENERAL.—The Secretary is authorized to pro14 vide technical and financial assistance for the removal of 

15 the Grace and Pearman Bridges over the Cooper River, 

16 South Carolina. 

17 (b) AUTHORIZATION OF APPROPRIATION.—There is 

18 authorized to be appropriated $5,000,000 to carry out this 

19 section. 

20 SEC. 5089. LAKES MARION AND MOULTRIE, SOUTH CARO21 LINA. 

22 Section 219(f)(25) of the Water Resources Development 

23 Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) is 

24 amended—
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1 (1) by striking ‘‘$15,000,000’’ and inserting 

2 ‘‘$35,000,000’’; and 

3 (2) by inserting ‘‘wastewater treatment and’’ be4 fore ‘‘water supply’’.

5 SEC. 5090. UPPER BIG SIOUX RIVER, WATERTOWN, SOUTH 

6 DAKOTA. 

7 (a) IN GENERAL.—The Secretary shall review the 

8 project for flood damage reduction, Upper Big Sioux River 

9 basin, Watertown, South Dakota, as described in the report 

10 of the Chief of Engineers, dated August 31, 1994, and enti11 tled ‘‘Watertown and Vicinity, South Dakota’’ and, if the 

12 Secretary determines that the project is feasible, may carry 

13 out the project, at a total cost of $25,000,000. 

14 (b) NON-FEDERAL SHARE.—

15 (1) IN GENERAL.—The non-Federal share of the 

16 cost of the review may be provided in the form of in17 kind services and materials. 

18 (2) CREDIT.—The Secretary shall credit toward 

19 the non-Federal share of the cost of the review the cost 

20 of planning and design work carried out by the non21 Federal interest before the date of an agreement for 

22 the review if the Secretary determines that such work 

23 is integral to the review. 

24 SEC. 5091. FRITZ LANDING, TENNESSEE. 

25 The Secretary shall—
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1 (1) conduct a study of the Fritz Landing Agri2 cultural Spur Levee, Tennessee, to determine the ex3 tent of levee modifications that would be required to 

4 make the levee and associated drainage structures 

5 consistent with Federal standards; 

6 (2) design and construct such modifications; and 

7 (3) after completion of such modifications, incor8 porate the levee into the project for flood control, Mis9 sissippi River and Tributaries, authorized by the Act 

10 entitled ‘‘An Act for the control of floods on the Mis11 sissippi River and its tributaries, and for other pur12 poses’’, approved May 15, 1928 (45 Stat. 534–539), 

13 commonly known as the ‘‘Flood Control Act of 1928’’. 

14 SEC. 5092. MEMPHIS, TENNESSEE. 

15 The Secretary shall review the aquatic ecosystem res16 toration component of the Memphis Riverfront Development 

17 Master Plan, Memphis, Tennessee, prepared by the non18 Federal interest and, if the Secretary determines that the 

19 component meets the evaluation and design standards of the 

20 Corps of Engineers and that the component is feasible, may 

21 carry out the component at a total Federal cost not to exceed 

22 $5,000,000. 

23 SEC. 5093. TOWN CREEK, LENOIR CITY, TENNESSEE. 

24 The Secretary shall design and construct the project 

25 for flood damage reduction designated as Alternative 4 in
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1 the Town Creek, Lenoir City, Loudon City, Tennessee, feasi2 bility report of the Nashville district engineer, dated Novem3 ber 2000, under the authority of section 205 of the Flood 

4 Control Act of 1948 (33 U.S.C. 701s), notwithstanding sec5 tion 1 of the Flood Control Act of June 22, 1936 (33 U.S.C. 

6 701a; 49 Stat. 1570). The non-Federal share of the cost of 

7 the project shall be subject to section 103(a) of the Water 

8 Resources Development Act of 1986 (33 U.S.C. 2213(a)). 

9 SEC. 5094. TENNESSEE RIVER PARTNERSHIP. 

10 (a) IN GENERAL.—As part of the operation and main11 tenance of the project for navigation, Tennessee River, Ten12 nessee, Alabama, Mississippi, and Kentucky, authorized by 

13 the first section of the Rivers and Harbors Act of July 3, 

14 1930 (46 Stat. 927), the Secretary may enter into a part15 nership with a nonprofit entity to remove debris from the 

16 Tennessee River in the vicinity of Knoxville, Tennessee, by 

17 providing a vessel to such entity, at Federal expense, for 

18 such debris removal purposes. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $500,000. 

22 SEC. 5095. CLEAR CREEK AND TRIBUTARIES, HARRIS, GAL23 VESTON, AND BRAZORIA COUNTIES, TEXAS. 

24 The Secretary shall expedite completion of the report 

25 for the project for flood damage reduction, ecosystem res-
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1 toration, and recreation, Clear Creek and tributaries, Har2 ris, Galveston, and Brazoria Counties, Texas.

3 SEC. 5096. HARRIS COUNTY, TEXAS. 

4 Section 575(a) of the Water Resources Development 

5 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amended 

6 by inserting before the period at the end the following: ‘‘, 

7 whether or not such works or actions are partially funded 

8 under the hazard mitigation grant program of the Federal 

9 Emergency Management Agency’’. 

10 SEC. 5097. HARRIS GULLY, HARRIS COUNTY, TEXAS. 

11 (a) STUDY.—

12 (1) IN GENERAL.—The Secretary shall conduct a 

13 study to determine the feasibility of carrying out a 

14 project for flood damage reduction in the Harris 

15 Gully watershed, Harris County, Texas, to provide 

16 flood protection for the Texas Medical Center, Hous17 ton, Texas. 

18 (2) USE OF LOCAL STUDIES AND PLANS.—In 

19 conducting the study, the Secretary shall use, to the 

20 extent practicable, studies and plans developed by the 

21 non-Federal interest if the Secretary determines that 

22 such studies and plans meet the evaluation and de23 sign standards of the Corps of Engineers. 

24 (3) COMPLETION DATE.—The Secretary shall 

25 complete the study by July 1, 2004. 
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1 (b) CRITICAL FLOOD DAMAGE REDUCTION MEAS2 URES.—The Secretary may carry out critical flood damage 

3 reduction measures that the Secretary determines are fea4 sible and that will provide immediate and substantial flood 

5 damage reduction benefits in the Harris Gully watershed, 

6 at a Federal cost of $7,000,000. 

7 (c) CREDIT.—The Secretary shall credit toward the 

8 non-Federal share of the cost of the project the cost of plan9 ning, design, and construction work carried out by the non10 Federal interest before the date of the partnership agreement 

11 for the project if the Secretary determines that such work 

12 is integral to the project. 

13 (d) NONPROFIT ENTITY.—Notwithstanding section 221 

14 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), a 

15 nonprofit entity may, with the consent of the local govern16 ment, serve as a non-Federal interest for the project under17 taken under this section. 

18 SEC. 5098. ONION CREEK, TEXAS. 

19 In carrying out the study for the project for flood dam20 age, reduction, recreation, and ecosystem restoration, Onion 

21 Creek, Texas, the Secretary shall include the costs and bene22 fits associated with the relocation of flood-prone residences 

23 in the study area for the project during the 2-year period 

24 before the initiation of the feasibility study to the extent 

25 the Secretary determines such relocations are compatible 
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1 with the project. The Secretary shall credit toward the non2 Federal share of the cost of the project the cost of relocation 

3 of such flood-prone residences incurred by the non-Federal 

4 interest before the date of the partnership agreement for the 

5 project if the Secretary determines that the relocation of 

6 such residences is integral to the project.

7 SEC. 5099. PELICAN ISLAND, TEXAS. 

8 (a) IN GENERAL.—Section 108(a) of the Energy and 

9 Water Development Appropriations Act, 1994 (33 U.S.C. 

10 59hh(a)) is amended—

11 (1) by striking ‘‘The Secretary’’ and inserting 

12 the following: 

13 ‘‘(1) AUTHORITY TO CONVEY.—The Secretary’’; 

14 (2) by adding at the end the following: 

15 ‘‘(2) LETTER OF INTENT.—

16 ‘‘(A) IN GENERAL.—The Secretary may 

17 provide a letter of intent to the city of Galveston 

18 for conveyance of less than 100 acres of the par19 cel described in subsection (a) for private devel20 opment purposes if the Secretary receives and 

21 approves a proposal by the city designating the 

22 land which would be subject to such development. 

23 ‘‘(B) DISPOSITION OF SPOIL.—If the Sec24 retary issues a letter of intent under subpara25 graph (A), no additional spoil material may be 
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1 placed on the land designated for private devel2 opment for a period of at least 5 years from the 

3 date of issuance of the letter to provide the city 

4 of Galveston with an opportunity to secure pri5 vate developers, perform appraisals, conduct en6 vironmental studies, and provide the compensa7 tion to the United States required for the convey8 ance.’’; and 

9 (3) by aligning the remainder of the text of 

10 paragraph (1) (as designated by paragraph (1) of this 

11 subsection) with paragraph (2) (as added by para12 graph (2) of this subsection). 

13 (b) EXPIRATION DATE.—Section 108(e)(3) of such Act 

14 (33 U.S.C. 59hh(e)(3)) is amended by striking ‘‘date of the 

15 enactment of this Act’’ and inserting ‘‘date of enactment 

16 of the Water Resources Development Act of 2003’’. 

17 SEC. 5100. FRONT ROYAL, VIRGINIA. 

18 Section 591(a)(2) of the Water Resources Development 

19 Act of 1999 (113 Stat. 378) is amended by striking 

20 ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’. 

21 SEC. 5101. RICHMOND NATIONAL BATTLEFIELD PARK, 

22 RICHMOND, VIRGINIA. 

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

24 carry out bluff stabilization measures on the James River
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1 in the vicinity of Drewry’s Bluff, Richmond National Bat2 tlefield Park, Richmond, Virginia. 

3 (b) REIMBURSEMENT.—The Secretary shall seek reim4 bursement from the Secretary of the Interior of any costs 

5 incurred by the Secretary in carrying out subsection (a). 

6 SEC. 5102. BAKER BAY AND ILWACO HARBOR, WASHINGTON. 

7 The Secretary shall conduct a study of increased silta8 tion in Baker Bay and Ilwaco Harbor, Washington, to de9 termine if the siltation is the result of a Federal navigation 

10 project (including diverted flows from the Columbia River) 

11 and, if the Secretary determines that the siltation is the 

12 result of a Federal navigation project, the Secretary shall 

13 carry out a project to mitigate the siltation as part of main14 tenance of the Federal navigation project.

15 SEC. 5103. 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 non20 Federal interest before the date of the partnership agreement 

21 for the project if the Secretary determines that the work is 

22 integral to the project.

23 SEC. 5104. HAMILTON ISLAND CAMPGROUND, WASHINGTON. 

24 The Secretary is authorized to plan, design, and con25 struct a campground for Bonneville Lock and Dam at 
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1 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

2 Skamania County, Washington.

3 SEC. 5105. PUGET ISLAND, WASHINGTON. 

4 The Secretary is directed to place dredged and other 

5 suitable material along portions of the Columbia River 

6 shoreline of Puget Island, Washington, between river miles 

7 38 to 47 in order to protect economic and environmental 

8 resources in the area from further erosion, at a Federal cost 

9 of $1,000,000. This action shall be coordinated with appro10 priate resource agencies and comply with applicable Fed11 eral laws. 

12 SEC. 5106. BLUESTONE, WEST VIRGINIA. 

13 Section 547 of the Water Resources Development Act 

14 of 2000 (114 Stat. 2676–2678) is amended—

15 (1) in subsection (b)(1)(A) by striking ‘‘4 years’’ 

16 and inserting ‘‘5 years’’; 

17 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if 

18 all’’ and all that follows through ‘‘facility’’ and in19 serting ‘‘assurance project’’; 

20 (3) in subsection (b)(1)(C) by striking ‘‘and con21 struction’’ and inserting ‘‘, construction, and oper22 ation and maintenance’’; 

23 (4) by adding at the end of subsection (b) the fol24 lowing: 
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1 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri-Cit2 ies Power Authority shall be the owner and operator 

3 of the hydropower facilities referred to in subsection 

4 (a).’’; 

5 (5) in subsection (c)(1)—

6 (A) by striking ‘‘No’’ and inserting ‘‘Unless 

7 otherwise provided, no’’; 

8 (B) by inserting ‘‘planning,’’ before ‘‘de9 sign’’; and 

10 (C) by striking ‘‘prior to’’ and all that fol11 lows through ‘‘subsection (d)’’; 

12 (6) in subsection (c)(2) by striking ‘‘design’’ and 

13 inserting ‘‘planning, design,’’; 

14 (7) in subsection (d)—

15 (A) by striking paragraphs (1) and (2) and 

16 inserting the following: 

17 ‘‘(1) APPROVAL.—The Secretary shall review the 

18 design and construction activities for all features of 

19 the hydroelectric project that pertain to and affect 

20 stability of the dam and control the release of water 

21 from Bluestone Dam to ensure that the quality of con22 struction of those features meets all standards estab23 lished for similar facilities constructed by the Sec24 retary.’’; 
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1 (B) by redesignating paragraph (3) as 

2 paragraph (2); 

3 (C) by striking the period at the end of 

4 paragraph (2) (as so redesignated) and inserting 

5 ‘‘, except that hydroelectric power is no longer a 

6 project purpose of the facility. Water flow re7 leases from the hydropower facilities shall be de8 termined and directed by the Corps of Engi9 neers.’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(3) COORDINATION.—Construction of the hydro12 electric generating facilities shall be coordinated with 

13 the dam safety assurance project currently in the de14 sign and construction phases.’’; 

15 (8) in subsection (e) by striking ‘‘in accordance’’ 

16 and all that follows through ‘‘58 Stat. 890)’’; 

17 (9) in subsection (f)—

18 (A) by striking ‘‘facility of the inter19 connected systems of reservoirs operated by the 

20 Secretary’’ each place it appears and inserting 

21 ‘‘facilities under construction under such agree22 ments’’; and 

23 (B) by striking ‘‘design’’ and inserting 

24 ‘‘planning, design’’; 

25 (10) in subsection (f)(2)—
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1 (A) by ‘‘Secretary’’ each place it appears 

2 and inserting ‘‘Tri-Cities Power Authority’’; and 

3 (B) by striking ‘‘facilities referred to in sub4 section (a)’’ and inserting ‘‘such facilities’’; 

5 (11) by striking paragraph (1) of subsection (g) 

6 and inserting the following: 

7 ‘‘(1) to arrange for the transmission of power to 

8 the market or to construct such transmission facilities 

9 as necessary to market the power produced at the fa10 cilities referred to in subsection (a) with funds con11 tributed by the Tri-Cities Power Authority; and’’; 

12 (12) in subsection (g)(2) by striking ‘‘such facili13 ties’’ and all that follows through ‘‘the Secretary’’ and 

14 inserting ‘‘the generating facility’’; and 

15 (13) by adding at the end the following: 

16 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In 

17 this section, the ‘Tri-Cities Power Authority’ refers to the 

18 entity established by the City of Hinton, West Virginia, the 

19 City of White Sulphur Springs, West Virginia, and the City 

20 of Philippi, West Virginia, pursuant to a document entitled 

21 ‘Second Amended and Restated Intergovernmental Agree22 ment’ approved by the Attorney General of West Virginia 

23 on February 14, 2002.’’.
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1 SEC. 5107. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

2 CONTROL. 

3 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR4 GINIA.—Section 581(a)(1) of the Water Resources Develop5 ment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is amend6 ed—

7 (1) by striking ‘‘flood control measures’’ and in8 serting ‘‘structural and nonstructural flood control, 

9 streambank protection, stormwater management, and 

10 channel clearing and modification measures’’; and 

11 (2) by inserting ‘‘with respect to measures that 

12 incorporate levees or floodwalls’’ before the semicolon. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 581(c) of the Water Resources Development Act of 1996 (110 

15 Stat. 3791) is amended by striking ‘‘$12,000,000’’ and in16 serting ‘‘$90,000,000’’. 

17 SEC. 5108. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA. 

18 The Secretary shall conduct a watershed and river 

19 basin assessment under section 729 of the Water Resources 

20 Development Act of 1986 (33 U.S.C. 2267a) for the Lower 

21 Kanawha River Basin, in the counties of Mason, Putnam, 

22 Kanawha, Jackson, and Roane, West Virginia. 

23 SEC. 5109. CENTRAL WEST VIRGINIA. 

24 Section 571 of the Water Resources Development Act 

25 of 1999 (113 Stat. 371) is amended—

26 (1) in subsection (a)—
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1 (A) by striking ‘‘Nicholas,’’; and 

2 (B) by striking ‘‘Gilmer,’’; and 

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

4 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

5 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

6 5b(b)), for any project undertaken under this section, a non7 Federal interest may include a nonprofit entity with the 

8 consent of the affected local government. 

9 ‘‘(j) 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 admin12 ister projects under this section at 100 percent Federal ex13 pense.’’. 

14 SEC. 5110. SOUTHERN WEST VIRGINIA. 

15 (a) CORPS OF ENGINEERS.—Section 340 of the Water 

16 Resources Development Act of 1992 (106 Stat. 4856; 113 

17 Stat. 320) is amended by adding at the end the following: 

18 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

19 amounts appropriated to carry out this section for fiscal 

20 years 2003 and thereafter may be used by the Corps of En21 gineers district offices to administer projects under this sec22 tion at 100 percent Federal expense.’’. 

23 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

24 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ after 

25 ‘‘Greenbrier,’’. 
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1 (c) NONPROFIT ENTITIES.—Section 340 of the Water 

2 Resources Development Act of 1992 (106 Stat. 4856) is fur3 ther amended by adding at the end the following: 

4 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

5 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

6 5b(b)), for any project undertaken under this section, a non7 Federal interest may include a nonprofit entity with the 

8 consent of the affected local government.’’. 

9 SEC. 5111. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

10 BY NON-FEDERAL INTERESTS. 

11 Section 211(f) of the Water Resources Development Act 

12 of 1996 (33 U.S.C. 701b–13) is amended by adding at the 

13 end the following: 

14 ‘‘(9) BUFFALO BAYOU, TEXAS.—The project for 

15 flood control, Buffalo Bayou, Texas. 

16 ‘‘(10) HALLS BAYOU, TEXAS.—The project for 

17 flood control, Halls Bayou, Texas. 

18 ‘‘(11) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

19 FIELD), ST. PAUL, MINNESOTA.—The project for flood 

20 damage reduction, St. Paul Downtown Holman 

21 Field), St. Paul, Minnesota.’’.

22 SEC. 5112. BRIDGE AUTHORIZATION. 

23 There is authorized to be appropriated $20,000,000 for 

24 the construction of the bridge referred to in section 1001(1).
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1 SEC. 5113. ADDITIONAL ASSISTANCE FOR CRITICAL 

2 PROJECTS. 

3 Section 219(f) of the Water Resources Development Act 

4 of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 Stat. 

5 2763A–220–221) is amended by adding at the end the fol6 lowing: 

7 ‘‘(71) PLAQUEMINE, LOUISIANA.—$7,000,000 for 

8 sanitary sewer and wastewater infrastructure, 

9 Plaquemine, Louisiana. 

10 ‘‘(72) CHARLESTON, SOUTH CAROLINA.—

11 $20,000,000 for wastewater infrastructure, including 

12 wastewater collection systems, Charleston, South 

13 Carolina. 

14 ‘‘(73) CROSS, SOUTH CAROLINA.—$2,000,000 for 

15 water-related environmental infrastructure, Cross, 

16 South Carolina. 

17 ‘‘(74) SURFSIDE, SOUTH CAROLINA.—$8,000,000 

18 for environmental infrastructure, including 

19 stormwater system improvements and ocean outfalls, 

20 Surfside, South Carolina. 

21 ‘‘(75) NORTH MYRTLE BEACH, SOUTH CARO22 LINA.—$3,000,000 for environmental infrastructure, 

23 including ocean outfalls, North Myrtle Beach, South 

24 Carolina.
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1 ‘‘(76) TIA JUANA VALLEY, CALIFORNIA.—

2 $1,400,000 for water-related environmental infra3 structure, Tia Juana Valley, California. 

4 ‘‘(77) CABARRUS COUNTY, NORTH CAROLINA.—

5 $4,500,000 for water-related infrastructure, Cabarrus 

6 County, North Carolina. 

7 ‘‘(78) RICHMOND COUNTY, NORTH CAROLINA.—

8 $8,000,000 for water-related infrastructure, Richmond 

9 County, North Carolina. 

10 ‘‘(79) UNION COUNTY, NORTH CAROLINA.—

11 $9,000,000 for wastewater infrastructure, Union 

12 County, North Carolina. 

13 ‘‘(80) WASHINGTON, DISTRICT OF COLUMBIA.—

14 $35,000,000 for implementation of a combined sewer 

15 overflow long term control plan, Washington, District 

16 of Columbia. 

17 ‘‘(81) SOUTHERN LOS ANGELES COUNTY, CALI18 FORNIA.—$15,000,000 for environmental infrastruc19 ture for the groundwater basin optimization pipeline, 

20 Southern Los Angeles County, California. 

21 ‘‘(82) INDIANAPOLIS, INDIANA.—$6,430,000 for 

22 environmental infrastructure for Indianapolis, Indi23 ana. 

24 ‘‘(83) HENDERSON, NEVADA.—$5,000,000 for 

25 wastewater infrastructure, Henderson, Nevada. 
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1 ‘‘(84) SENNETT, NEW YORK.—$1,500,000 for 

2 water infrastructure, Town of Sennett, New York. 

3 ‘‘(85) LEDYARD AND MONTVILLE, CON4 NECTICUT.—$7,113,000 for water infrastructure, 

5 Ledyard and Montville, Connecticut. 

6 ‘‘(86) AWENDAW, SOUTH CAROLINA.—$2,000,000 

7 for water-related infrastructure, Awendaw, South 

8 Carolina. 

9 ‘‘(87) ST. CLAIR COUNTY, ALABAMA.—$5,000,000 

10 for water-related infrastructure, St. Clair County, 

11 Alabama. 

12 ‘‘(88) EAST BAY, SAN FRANCISCO, AND SANTA

13 CLARA AREAS, CALIFORNIA.—$4,000,000 for a desali14 nation project to serve the East Bay, San Francisco, 

15 and Santa Clara areas, California. 

16 ‘‘(89) ATHENS, TENNESSEE.—$16,000,000 for 

17 wastewater infrastructure, Athens, Tennessee. 

18 ‘‘(90) WARWICK, NEW YORK.—$1,200,000 for 

19 water storage capacity restoration, Warwick, New 

20 York. 

21 ‘‘(91) KIRYAS JOEL, NEW YORK.—$20,000,000 

22 for water-related infrastructure, Kiryas Joel, New 

23 York. 
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1 ‘‘(92) WHITTIER, CALIFORNIA.—$8,000,000 for 

2 wastewater and water-related infrastructure, Whit3 tier, California. 

4 ‘‘(93) ANACOSTIA RIVER, DISTRICT OF COLUMBIA

5 AND MARYLAND.—$20,000,000 for environmental in6 frastructure and resource protection and development 

7 to enhance water quality and living resources in the 

8 Anacostia River watershed, District of Columbia and 

9 Maryland. 

10 ‘‘(94) DUCHESNE, IRON, AND UINTAH COUNTIES, 

11 UTAH.—$10,000,000 for water-related infrastructure, 

12 Duchesne, Iron, and Uintah Counties, Utah. 

13 ‘‘(95) HANCOCK, HARRISON, JACKSON, AND

14 PEARL RIVER COUNTIES, MISSISSIPPI.—$5,824,300 for 

15 water and wastewater-related infrastructure, Han16 cock, Harrison, Jackson, and Pearl River Counties, 

17 Mississippi.’’. 

18 SEC. 5114. USE OF FEDERAL HOPPER DREDGE FLEET. 

19 (a) STUDY.—The Secretary shall conduct a study on 

20 the appropriate use of the Federal hopper dredge fleet. 

21 (b) CONTENTS.—In conducting the study, the Sec22 retary shall—

23 (1) obtain and analyze baseline data to deter24 mine the appropriate use of the Federal hopper 

25 dredge fleet; 
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1 (2) prepare a comprehensive analysis of the costs 

2 and benefits of existing and proposed restrictions on 

3 the use of the Federal hopper dredge fleet; and 

4 (3) assess the data and procedure used by the 

5 Secretary to prepare the Government cost estimate for 

6 worked performed by the Federal hopper dredge fleet. 

7 (c) CONSULTATION.—The Secretary shall conduct the 

8 study in consultation with ports, pilots, and representatives 

9 of the private dredge industry. 

10 (d) REPORT.—Not later than 180 days after the date 

11 of enactment of this Act, the Secretary shall transmit to 

12 Congress a report on the results of the study.
Union Calendar No. 151

108TH CONGRESS 

1ST SESSION H. R. 2557

[Report No. 108–265] 

A BILL

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. 

SEPTEMBER 5, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed