I 

108TH CONGRESS 

1ST SESSION H. R. 2557

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 

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.

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. 
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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. 

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 non-construction services. 

Sec. 2025. Technical assistance. 

Sec. 2026. Centers of specialized planning expertise. 

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

Sec. 2028. Project streamlining. 

TITLE III—PROJECT-RELATED PROVISIONS 

Sec. 3001. Cook Inlet, Anchorage Harbor, Alaska. 

Sec. 3002. King Cove Harbor, Alaska. 

Sec. 3003. St. Paul Harbor, Alaska. 

Sec. 3004. Sitka, Alaska. 

Sec. 3005. Tatilek, Alaska. 

Sec. 3006. American and Sacramento Rivers, California. 

Sec. 3007. Cache Creek Basin, California. 

Sec. 3008. Grayson Creek/Murderer’s Creek, California. 

Sec. 3009. John F. Baldwin Ship Channel and Stockton Ship Channel, California. 
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Sec. 3010. Los Angeles Harbor, Los Angeles, California. 

Sec. 3011. Larkspur Ferry Channel, Larkspur, California. 

Sec. 3012. Napa River Salt Marsh Restoration, Napa River, California. 

Sec. 3013. Pacific Flyway Center, Sacramento, California. 

Sec. 3014. Pinole Creek, California. 

Sec. 3015. Prado Dam, California. 

Sec. 3016. Sacramento Deep Water Ship Channel, California. 

Sec. 3017. Sacramento River, Glenn-Colusa, California. 

Sec. 3018. San Lorenzo River, California. 

Sec. 3019. Upper Guadalupe River, California. 

Sec. 3020. Walnut Creek Channel, California. 

Sec. 3021. Wildcat/San Pablo Creek Phase I, California. 

Sec. 3022. Wildcat/San Pablo Creek Phase II, California. 

Sec. 3023. Brevard County, Florida. 

Sec. 3024. Gasparilla and Estero Islands, Florida. 

Sec. 3025. Lido Key Beach, Sarasota, Florida. 

Sec. 3026. Manatee Harbor, Florida. 

Sec. 3027. Tampa Harbor, Florida. 

Sec. 3028. Tampa Harbor-Big Bend Channel, Florida. 

Sec. 3029. Little Wood River, Gooding, Idaho. 

Sec. 3030. Mississippi River and Big Muddy River, Illinois. 

Sec. 3031. Little Calumet River, Indiana. 

Sec. 3032. White River, Indiana. 

Sec. 3033. Wolf Lake, Indiana. 

Sec. 3034. Harlan County, Kentucky. 

Sec. 3035. Prestonsburg, Kentucky. 

Sec. 3036. Atchafalaya Basin, Louisiana. 

Sec. 3037. Public access, Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3038. J. Bennett Johnston Waterway, Mississippi River to Shreveport, 

Louisiana. 

Sec. 3039. Mississippi Delta Region, Louisiana. 

Sec. 3040. New Orleans to Venice, Louisiana. 

Sec. 3041. West Bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3042. Union River, Maine. 

Sec. 3043. Cass River, Spaulding Township, Michigan. 

Sec. 3043. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3044. Water Resources Institute, Muskegon, Michigan. 

Sec. 3045. Saginaw River, Bay City, Michigan. 

Sec. 3046. Ada, Minnesota. 

Sec. 3047. Duluth Harbor, Mcquade Road, Minnesota. 

Sec. 3048. Granite Falls, Minnesota. 

Sec. 3049. Minneapolis, Minnesota. 

Sec. 3050. Red Lake River, Minnesota. 

Sec. 3051. Silver Bay, Minnesota. 

Sec. 3052. Taconite Harbor, Minnesota. 

Sec. 3053. Two Harbors, Minnesota. 

Sec. 3054. Deer Island, Harrison County, Mississippi. 

Sec. 3055. Bois Brule Drainage and Levee District, Missouri. 

Sec. 3056. Sand Creek Watershed, Wahoo, Nebraska. 

Sec. 3057. Orchard Beach, Bronx, New York. 

Sec. 3058. Times Beach, Buffalo, New York. 

Sec. 3059. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3060. New York State Canal System. 

Sec. 3061. Willamette River Temperature Control, Mckenzie Subbasin, Oregon. 
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Sec. 3062. Lackawanna River at Olyphant, Pennsylvania. 

Sec. 3063. Lackawanna River at Scranton, Pennsylvania. 

Sec. 3064. Raystown Lake, Pennsylvania. 

Sec. 3065. Sheraden Park Stream and Chartiers Creek, Allegheny County, 

Pennsylvania. 

Sec. 3066. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3067. South Central Pennsylvania. 

Sec. 3068. Wyoming Valley, Pennsylvania. 

Sec. 3069. Little Limestone Creek, Jonesborough, Tennessee. 

Sec. 3070. Lower Rio Grande Basin, Texas. 

Sec. 3071. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3072. San Antonio Channel, San Antonio, Texas. 

Sec. 3073. Elizabeth River, Chesapeake, Virginia. 

Sec. 3074. Roanoke River Upper Basin, Virginia. 

Sec. 3075. Lake Kemp, Texas. 

Sec. 3076. Blair and Sitcum Waterways, Tacoma Harbor, Washington. 

Sec. 3077. Greenbrier River Basin, West Virginia. 

Sec. 3078. Manitowoc Harbor, Wisconsin. 

Sec. 3079. Continuation of project authorizations. 

Sec. 3080. Project reauthorization. 

Sec. 3081. Project deauthorizations. 

Sec. 3083. Land conveyances. 

Sec. 3084. Extinguishment of reversionary interests and use restrictions. 

TITLE IV—STUDIES 

Sec. 4001. John Glenn Great Lakes basin program. 

Sec. 4002. St. George Harbor, Alaska. 

Sec. 4003. Upper Mississippi River and Illinois Waterway, Illinois, Iowa, Minnesota, Missouri, and Wisconsin. 

Sec. 4004. Hamilton, California. 

Sec. 4005. Oceanside, California. 

Sec. 4006. Sacramento River, California. 

Sec. 4007. San Francisco Bay, Sacramento-San Joaquin Delta, California. 

Sec. 4008. Tybee Island, Georgia. 

Sec. 4009. Calumet Harbor, Illinois. 

Sec. 4010. Paducah, Kentucky. 

Sec. 4011. West Feliciana Parish, Louisiana. 

Sec. 4012. City of Mackinac Island, Michigan. 

Sec. 4013. Chicago, Illinois. 

Sec. 4014. South Branch, Chicago River, Chicago, Illinois. 

Sec. 4015. Arthur Kill Channel and Morses Creek to Perth Amboy, New Jersey. 

Sec. 4017. Pueblo of Zuni, New Mexico. 

Sec. 4018. Hudson-Raritan Estuary, New York and New Jersey. 

Sec. 4019. Sac and Fox Nation, Oklahoma. 

Sec. 4020. Sutherlin, Oregon. 

Sec. 4021. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4022. Northeastern Pennsylvania aquatic ecosystem restoration and protection. 

Sec. 4023. Sabine Pass to Galveston Bay, Texas. 

Sec. 4024. Chehalis River Basin, Washington. 

Sec. 4025. Sprague, Lincoln County, Washington. 

Sec. 4026. Monongahela River Basin, Northern West Virginia. 

Sec. 4027. Wauwatosa, Wisconsin. 
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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. 

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

Sec. 5012. Membership of Missouri River Trust. 

Sec. 5014. Great Lakes fishery and ecosystem restoration. 

Sec. 5015. Susquehanna, Delaware, and Potomac River basins. 

Sec. 5016. Chesapeake Bay environmental restoration and protection program. 

Sec. 5018. Montgomery, Alabama. 

Sec. 5019. Alaska. 

Sec. 5020. Akutan Small Boat Harbor, Alaska. 

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

Sec. 5022. St. Herman Harbor, Kodiak, Alaska. 

Sec. 5023. Augusta and Clarendon, Arkansas. 

Sec. 5024. Loomis Landing, Arkansas. 

Sec. 5025. Mcclellan-Kerr Arkansas River navigation project, Arkansas. 

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

Sec. 5026. Cambria, California. 

Sec. 5027. East San Joaquin County, California. 

Sec. 5028. Sacramento Area, California. 

Sec. 5029. San Francisco, California. 

Sec. 5030. San Francisco, California, waterfront area. 

Sec. 5031. Stockton, California. 

Sec. 5032. Everglades restoration, Florida. 

Sec. 5033. Lake Lanier, Georgia 

Sec. 5034. Riley Creek recreation area, Idaho. 

Sec. 5035. Grand Tower drainage and levees, Grand Tower Township, Illinois. 

Sec. 5036. Kaskaskia River basin, Illinois, restoration. 

Sec. 5037. Natalie Creek, Midlothian and Oak Forest, Illinois. 

Sec. 5038. Illinois River basin restoration. 

Sec. 5039. Calumet region, Indiana. 

Sec. 5040. Rathbun Lake, Iowa. 

Sec. 5041. Mayfield Creek and tributaries, Kentucky. 

Sec. 5042. Southern and Eastern Kentucky. 

Sec. 5043. Coastal Louisiana ecosystem protection and restoration. 

Sec. 5044. Baton Rouge, Louisiana. 

Sec. 5045. West Baton Rouge Parish, Louisiana. 

Sec. 5046. Chesapeake Bay shoreline, Maryland, Virginia, Pennsylvania, and 

Delaware. 

Sec. 5047. Delmarva conservation corridor, Maryland. 

Sec. 5048. Detroit River, Michigan. 

Sec. 5049. Oakland County, Michigan. 

Sec. 5050. St. Clair River and Lake St. Clair, Michigan. 

Sec. 5051. Garrison and Kathio Township, Minnesota. 

Sec. 5052. Northeastern Minnesota. 
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Sec. 5053. Mississippi River, Missouri, and Illinois. 

Sec. 5054. St. Louis, Missouri. 

Sec. 5055. Hackensack Meadowlands area, New Jersey. 

Sec. 5056. Atlantic Coast of New York. 

Sec. 5057. College Point, New York City, New York. 

Sec. 5058. Flushing Bay and Creek, New York City, New York. 

Sec. 5059. Little Neck Bay, Village of Kings Point, New york. 

Sec. 5060. Stanley County, North Carolina. 

Sec. 5061. Piedmont Lake Dam, Ohio. 

Sec. 5062. Waurika Lake, Oklahoma. 

Sec. 5063. Columbia River, Oregon. 

Sec. 5064. Eugene, Oregon. 

Sec. 5065. John Day Lock and Dam, Lake Umatilla, Oregon and Washington. 

Sec. 5066. Lowell, Oregon. 

Sec. 5067. Hagerman’s Run, Williamsport, Pennsylvania. 

Sec. 5068. Northeast Pennsylvania. 

Sec. 5069. Susquehannock Campground access road, Raystown Lake, Pennsylvania. 

Sec. 5070. Upper Susquehanna River basin, Pennsylvania and New York. 

Sec. 5071. Washington, Greene, Westmoreland, and Fayette Counties, Pennsylvania. 

Sec. 5072. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5073. Lakes Marion and Moultrie, South Carolina. 

Sec. 5074. Upper Big Sioux River, Watertown, South Dakota. 

Sec. 5075. Fritz Landing, Tennessee. 

Sec. 5076. Memphis, Tennessee. 

Sec. 5077. Town Creek, Lenoir City, Tennessee. 

Sec. 5078. Tennessee River partnership. 

Sec. 5079. Clear Creek and tributaries, Harris and Galveston Counties, Texas. 

Sec. 5080. Harris Gully, Harris County, Texas. 

Sec. 5081. Onion Creek, Texas. 

Sec. 5082. Pelican Island, Texas. 

Sec. 5083. Front Royal, Virginia. 

Sec. 5084. Richmond National Battlefield Park, Richmond, Virginia. 

Sec. 5085. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5086. Chehalis River, Centralia, Washington. 

Sec. 5087. Hamilton Island Campground, Washington. 

Sec. 5088. Puget Island, Washington. 

Sec. 5089. Bluestone, West Virginia. 

Sec. 5090. West Virginia and Pennsylvania flood control. 

Sec. 5091. Lower Kanawha River Basin, West Virginia. 

Sec. 5092. Central West Virginia. 

Sec. 5093. Southern West Virginia. 

Sec. 5094. Construction of flood control projects by non-Federal interests. 

Sec. 5095. Bridge authorization.

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 
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1 TITLE I—WATER RESOURCES 

2 PROJECTS 

3 SEC. 1001. PROJECT AUTHORIZATIONS. 

4 Except as otherwise provided in this section, the fol5 lowing projects for water resources development and con6 servation and other purposes are authorized to be carried 

7 out by the Secretary substantially in accordance with the 

8 plans, and subject to the conditions, described in the re9 spective reports designated in this section: 

10 (1) AMERICAN RIVER WATERSHED, CALI11 FORNIA.—The project for flood damage reduction 

12 and environmental restoration, American River Wa13 tershed, California: Report of the Chief of Engi14 neers, dated November 5, 2002, at a total cost of 

15 $257,300,000, with an estimated Federal cost of 

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

17 $56,100,000; except that the Secretary is authorized 

18 to accept funds from State and local governments 

19 and other Federal agencies for the purpose of con20 structing a permanent bridge instead of the tem21 porary bridge described in the recommended plan 

22 and may construct such permanent bridge if all ad23 ditional costs for such bridge, above the $36,000,000 

24 provided for in the recommended plan for bridge 

25 construction, are provided. 
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1 (2) PINE FLAT DAM AND RESERVOIR, CALI2 FORNIA.—The project for environmental restoration, 

3 Pine Flat Dam and Reservoir, Fresno County, Cali4 fornia: Report of the Chief of Engineers, dated July 

5 19, 2002, at a total cost of $38,489,000, with an es6 timated Federal cost of $24,930,000 and an esti7 mated non-Federal cost of $13,550,000. 

8 (3) SOUTH PLATTE RIVER, DENVER, COLO9 RADO.—The project for environmental restoration 

10 Denver County Reach, South Platte River, Denver, 

11 Colorado: Report of the Chief of Engineers, dated 

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

13 an estimated Federal cost of $11,698,000 and an es14 timated non-Federal cost of $6,299,000. 

15 (4) MORGANZA TO THE GULF OF MEXICO, LOU16 ISIANA.—

17 (A) IN GENERAL.—The project for hurri18 cane and storm damage reduction, Morganza to 

19 the Gulf of Mexico, Louisiana: Report of the 

20 Chief of Engineers, dated August 23, 2002, at 

21 a total cost of $719,00,000, with an estimated 

22 Federal cost of $467,000,000 and an estimated 

23 non-Federal cost of $252,000,000.

24 (B) CREDIT.—The Secretary shall credit 

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

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

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

6 for environmental restoration and protection, Smith 

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

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

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

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

11 $2,800,000. 

12 (6) CORPUS CHRISTI SHIP CHANNEL, CORPUS

13 CHRISTI, TEXAS.—The project for navigation and 

14 environmental restoration, Corpus Christi Ship 

15 Channel, Texas, Channel Improvement Project: Re16 port of the Chief of Engineers dated June 2, 2003, 

17 at a total cost of $153,808,000, with an estimated 

18 Federal cost of $73,554,000 and an estimated non19 Federal cost of $80,254,000. 

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

21 navigation, Gulf Intracoastal Waterway, Brazos 

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

23 Texas: Report of the Chief of Engineers, dated De24 cember 4, 2002, at a total cost of $14,515,000. The 

costs of construction of the project are to be paid 1 25 ⁄2
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1 from amounts appropriated from the general fund of 

the Treasury and 1 2 ⁄2 from amounts appropriated 

3 from the Inland Waterways Trust Fund. 

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

5 (A) IN GENERAL.—The project for envi6 ronmental restoration, Riverside Oxbow, Fort 

7 Worth, Texas: Report of the Chief of Engineers 

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

9 $22,200,000, with an estimated Federal cost of 

10 $9,180,000 and an estimated non-Federal cost 

11 of $13,020,000. 

12 (B) CREDIT.—The Secretary shall credit 

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

14 project the cost of design and construction work 

15 carried out on the Beach Street Dam and asso16 ciated features by the non-Federal interest be17 fore the date of the partnership agreement for 

18 the project if the Secretary determines that the 

19 work is integral to the project. 

20 (9) DEEP CREEK, CHESAPEAKE, VIRGINIA.—

21 The project for the Atlantic Intracoastal Waterway 

22 Bridge Replacement, Deep Creek, Chesapeake, Vir23 ginia: Report of the Chief of Engineers, dated March 

24 3, 2003, 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 Sec5 retary determines that a project is feasible, may carry out 

6 the project under section 205 of the Flood Control Act 

7 of 1948 (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

12 COUNTY STREAMS, CALIFORNIA.—Project for flood 

13 damage reduction, Santa Ana River basin and Or14 ange County streams, California. 

15 (3) NASHUA RIVER, FITCHBURG, MASSACHU16 SETTS.—Project for flood damage reduction, Nashua 

17 River, Fitchburg, Massachusetts. 

18 (4) SAGINAW RIVER, HAMILTON DAM, FLINT, 

19 MICHIGAN.—Project for flood damage reduction, 

20 Saginaw River, Hamilton Dam, Flint, Michigan. 

21 (5) SOUTH BRANCH OF THE WILD RICE RIVER, 

22 BORUP, MINNESOTA.—Project for flood damage re23 duction, South Branch of the Wild Rice River, 

24 Borup, Minnesota 
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1 (6) BLACKSNAKE CREEK, ST. JOSEPH, MIS2 SOURI.—Project for flood damage reduction, Black3 snake Creek, St. Joseph, Missouri. 

4 (7) MCKEEL BROOK, NEW JERSEY.—Project 

5 for flood damage reduction, McKeel Brook, New 

6 Jersey. 

7 (8) EAST RIVER, SILVER BEACH, NEW YORK

8 CITY, NEW YORK.—Project for flood damage reduc9 tion, East River, Silver Beach, New York City, New 

10 York. 

11 (9) RAMAPO RIVER, TOWN OF MONROE AND

12 VILLAGES OF MONROE, KIRYAS JOEL, AND HAR13 RIMAN, NEW YORK.—Project for flood damage re14 duction, Ramapo River, Town of Monroe and Vil15 lages of Monroe, Kiryas Joel, and Harriman, New 

16 Jersey. 

17 (10) LITTLE MILL CREEK, SOUTHAMPTON, 

18 PENNSYLVANIA.—Project for flood damage reduc19 tion, Little Mill Creek, Southampton, Pennsylvania. 

20 (11) LITTLE NESHAMINY CREEK, WARRENTON, 

21 PENNSYLVANIA.—Project for flood damage reduc22 tion, Little Neshaminy Creek, Warrenton, Pennsyl23 vania. 
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1 (12) SURFSIDE BEACH, SOUTH CAROLINA.—

2 Project for flood damage reduction, Surfside Beach 

3 and vicinity, South Carolina. 

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

5 flood damage reduction, South Branch of the Wild Rice 

6 River, Borup, Minnesota, referred to in subsection (a)(5) 

7 the Secretary may consider national ecosystem restoration 

8 benefits in determining the Federal interest in the project 

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

10 the financing of the project in accordance with section 

11 903(c) of the Water Resources Development Act of 1986 

12 (100 Stat. 4184) to the extent that the Secretary’s evalua13 tion indicates that applying such section is necessary to 

14 implement the project. 

15 SEC. 1003. SMALL PROJECTS FOR EMERGENCY 

16 STREAMBANK PROTECTION. 

17 The Secretary shall conduct a study for the following 

18 project and, if the Secretary determines that the project 

19 is feasible, may carry out the project under section 14 of 

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

21 (1) MIDDLE FORK GRAND RIVER, GENTRY

22 COUNTY, MISSOURI.—Project for emergency 

23 streambank protection, Middle Fork Grand River, 

24 Gentry County, Missouri. 
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1 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

2 The Secretary shall conduct a study for each of the 

3 following projects and, if the Secretary determines that 

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

6 577): 

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

9 Harbor, Arkansas. 

10 (2) EVANSTON, ILLINOIS.—Project for naviga11 tion, Evanston, Illinois. 

12 (3) NIAGARA FRONTIER TRANSPORTATION AU13 THORITY BOAT HARBOR, BUFFALO, NEW YORK.—

14 Project for navigation, Niagara Frontier Transpor15 tation Authority Boat Harbor, Buffalo, New York. 

16 (4) WOODLAWN MARINA, LACKAWANNA, NEW

17 YORK.—Project for navigation, Woodlawn Marina, 

18 Lackawanna, New York. 

19 (5) BAKER BAY AND ILWACO HARBOR, WASH20 INGTON.—Project for navigation, Baker Bay and 

21 Ilwaco Harbor, Washington. 

22 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

23 QUALITY OF THE ENVIRONMENT. 

24 The Secretary shall conduct a study for the following 

25 project and, if the Secretary determines that the project 

26 is appropriate, may carry out the project under section 
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1 1135 of the Water Resources Development Act of 1986 

2 (33 U.S.C. 2309a): 

3 (1) SMITHVILLE LAKE, MISSOURI.—Project for 

4 improvement of the quality of the environment, 

5 Smithville Lake, Missouri. 

6 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

7 RESTORATION. 

8 The Secretary shall conduct a study for each of the 

9 following projects and, if the Secretary determines that 

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

11 section 206 of the Water Resources Development Act of 

12 1996 (33 U.S.C. 2330): 

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

14 Project for aquatic ecosystem restoration, Colorado 

15 River, Yuma, Arizona. 

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

17 aquatic ecosystem restoration, Chino Valley, Cali18 fornia.

19 (3) NEW AND ALAMO RIVERS, IMPERIAL COUN20 TY, CALIFORNIA.—Project for aquatic ecosystem res21 toration, New and Alamo Rivers, Imperial County, 

22 California, including efforts to address aquatic 

23 invasive plant species. 

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

25 for aquatic ecosystem restoration, San Diego River, 
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1 California, including efforts to address aquatic 

2 invasive plant species. 

3 (5) STOCKTON DEEP WATER SHIP CHANNEL

4 AND LOWER SAN JOAQUIN RIVER, CALIFORNIA.—

5 Project for aquatic ecosystem restoration, Stockton 

6 Deep Water Ship Channel and lower San Joaquin 

7 River, California. 

8 (6) SWEETWATER RESERVOIR, SAN DIEGO

9 COUNTY, CALIFORNIA.—Project for aquatic eco10 system restoration, Sweetwater Reservoir, San Diego 

11 County, California, including efforts to address 

12 aquatic invasive plant species. 

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

14 aquatic ecosystem restoration, Biscayne Bay, Key 

15 Biscayne, Florida.

16 (8) CHATTAHOOCHEE RIVER, COLUMBUS, GEOR17 GIA, AND PHENIX CITY, ALABAMA.—Project for 

18 aquatic ecosystem restoration, City Mills Dam and 

19 Eagle and Phenix Dam, Chattahoochee River, Co20 lumbus, Georgia, and Phenix City, Alabama. 

21 (9) CHATTAHOOCHEE RIVER AND OCMULGEE

22 RIVER BASINS, GEORGIA.—Project for aquatic eco23 system restoration, Chattahoochee River and 

24 Ocmulgee River basins, Gwinnett County, Georgia. 
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1 (10) SNAKE RIVER, JEROME, IDAHO.—Project 

2 for aquatic ecosystem restoration, Snake River, Je3 rome, Idaho. 

4 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC5 TION. 

6 The Secretary shall conduct a study for the following 

7 project and, if the Secretary determines that the project 

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

9 the Act entitled ‘‘An Act authorizing Federal participation 

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

12 (1) NELSON LAGOON, ALASKA.—Project for 

13 shoreline protection, Nelson Lagoon, Alaska. 

14 TITLE II—GENERAL PROVISIONS 

15 SEC. 2001. ANNUAL PASSES FOR RECREATION. 

16 Section 208(c)(4) of the Water Resources Develop17 ment Act of 1996 (16 U.S.C. 460d–3 note; 110 Stat. 

18 3681; 113 Stat. 294) is amended by striking ‘‘the Decem19 ber 31, 2003’’ and inserting ‘‘December 31, 2004’’.

20 SEC. 2002. NON-FEDERAL CONTRIBUTIONS. 

21 Section 103 of the Water Resources Development Act 

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

23 end the following: 

24 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.—
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1 ‘‘(1) PROHIBITION ON SOLICITATION OF EX2 CESS CONTRIBUTIONS.—The Secretary may not so3 licit contributions from non-Federal interests for 

4 costs of constructing authorized water resources de5 velopment projects or measures in excess of the non6 Federal share assigned to the appropriate project 

7 purposes listed in subsections (a), (b), and (c) or 

8 condition Federal participation in such projects or 

9 measures on the receipt of such contributions. 

10 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC11 TION.—Nothing in this subsection shall be construed 

12 to affect the Secretary’s authority under section 

13 903(c) of this Act.’’. 

14 SEC. 2003. HARBOR COST SHARING. 

15 (a) PAYMENTS DURING CONSTRUCTION.—Section 

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

17 1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended 

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

19 feet’’ and inserting ‘‘53 feet’’. 

20 (b) OPERATION AND MAINTENANCE.—Section 

21 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

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

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

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

2 ‘‘53 feet’’. 

3 (d) APPLICABILITY.—The amendments made by sub4 sections (a), (b), and (c) shall apply only to a project, or 

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

6 physical construction has not been awarded before the 

7 date of enactment of this Act.

8 SEC. 2004. FUNDING TO PROCESS PERMITS. 

9 Section 214 of the Water Resources Development Act 

10 of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is amend11 ed—

12 (1) in subsection (a) by striking ‘‘2003’’ and in13 serting ‘‘2005’’; and 

14 (2) by adding at the end of subsection (b) the 

15 following: ‘‘The acceptance and expenditure of funds 

16 under subsection (a) shall not affect the order in 

17 which permits are considered or approved by the 

18 Secretary.’’.

19 SEC. 2005. NATIONAL SHORELINE EROSION CONTROL DE20 VELOPMENT AND DEMONSTRATION PRO21 GRAM. 

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

23 Act entitled ‘‘An Act authorizing Federal participation in 

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

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

3 (b) EXTENSION OF PLANNING, DESIGN, AND CON4 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 

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

6 and inserting ‘‘6 years’’. 

7 (c) COST-SHARING; REMOVAL OF PROJECTS.—Sec8 tion 5(b) of such Act (33 U.S.C. 426h(b)) is amended—

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

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

11 (2) by inserting after paragraph (2) the fol12 lowing: 

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

14 into a cost-sharing agreement with a non-Federal in15 terest to carry out a project, or a phase of a project, 

16 under the erosion control program in cooperation 

17 with the non-Federal interest. 

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

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

20 project, or an element of a project, constructed 

21 under the erosion control program if the Secretary 

22 determines during the term of the program that the 

23 project or element is detrimental to the environment, 

24 private property, or public safety.’’. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

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

4 SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES 

5 PROJECTS. 

6 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

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

8 amended—

9 (1) in subsection (a)—

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

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

12 inserting ‘‘under any’’; 

13 (B) by inserting ‘‘partnership’’ after ‘‘writ14 ten’’; 

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

16 furnish its required cooperation for’’ and insert17 ing ‘‘district engineer for the district in which 

18 the project will be carried out under which each 

19 party agrees to carry out its responsibilities and 

20 requirements for implementation or construc21 tion of’’; and 

22 (D) by inserting after ‘‘$25,000.’’ the fol23 lowing: ‘‘Such agreement may include a provi24 sion for liquidated damages in the event of a 

25 failure of one or more parties to perform.’’; 
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1 (2) by redesignating subsection (e) as sub2 section (f); and 

3 (3) by inserting after subsection (d) the fol4 lowing: 

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

6 construed as limiting the authority of the Secretary to en7 sure that partnership agreements meet all requirements 

8 of law.’’. 

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

10 Water Resources Development Act of 1986 (101 Stat. 

11 4190) is amended—

12 (1) in paragraph (2)—

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

14 appears and inserting ‘‘may’’; and 

15 (B) by striking the last sentence; and 

16 (2) in paragraph (4)—

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

18 following: ‘‘payment of liquidated damages or, 

19 for’’; 

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

21 imposed under this section,’’; and 

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

23 under this section,’’ and inserting ‘‘any liq24 uidated damages,’’. 
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1 (c) APPLICABILITY.—The amendments made by sub2 sections (a) and (b) only apply to partnership agreements 

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

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

5 the district engineer for the district in which the project 

6 is located may amend a project partnership agreement en7 tered into on or before such date and under which con8 struction on the project has not been initiated as of such 

9 date of enactment for the purpose of incorporating such 

10 amendments. 

11 (d) REFERENCES.—

12 (1) TO COOPERATION AGREEMENTS.—Any ref13 erence in a law, regulation, document, or other 

14 paper of the United States to a cooperation agree15 ment or project cooperation agreement shall be 

16 treated to be a reference to a partnership agreement 

17 or a project partnership agreement, respectively. 

18 (2) TO PARTNERSHIP AGREEMENTS.—Any ref19 erence to a partnership agreement or project part20 nership agreement in this Act (other than this sec21 tion) shall be treated as a reference to a cooperation 

22 agreement or a project cooperation agreement, re23 spectively.
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1 SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION, 

2 AND REUSE. 

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

4 State and local governments assessment, planning, and 

5 design assistance for remediation, environmental restora6 tion, or reuse of areas located within the boundaries of 

7 such State or local governments where such remediation, 

8 environmental restoration, or reuse will contribute to the 

9 improvement of water quality or the conservation of water 

10 and related resources of drainage basins and watersheds 

11 within the United States. 

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

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

14 shall be 50 percent. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $30,000,000 for each of fiscal years 2003 through 2007.

18 SEC. 2008. COMPILATION OF LAWS. 

19 Within one year after the date of enactment of this 

20 Act, the laws of the United States relating to the improve21 ment of rivers and harbors, flood control, beach erosion, 

22 and other water resources development enacted after No23 vember 8, 1966, and before January 1, 2003, shall be 

24 compiled under the direction of the Secretary and the 

25 Chief of Engineers and printed for the use of the Depart26 ment of the Army, Congress, and the general public. The 
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1 Secretary shall reprint the volumes containing such laws 

2 enacted before November 8, 1966. In addition, the Sec3 retary shall include an index in each volume so compiled 

4 or reprinted. Not later than December 1, 2003, the Sec5 retary shall transmit at least 25 copies of each such vol6 ume to the Committee on Transportation and Infrastruc7 ture of the House of Representatives and the Committee 

8 on Environment and Public Works of the Senate.

9 SEC. 2009. DREDGED MATERIAL DISPOSAL. 

10 Section 217 of the Water Resources Development Act 

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

12 amended—

13 (1) by redesignating subsection (c) as sub14 section (d); 

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) GOVERNMENTAL PARTNERSHIPS.—

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

19 into cost-sharing agreements with 1 or more non20 Federal public interests with respect to a project, or 

21 group of projects within a geographic region if ap22 propriate, for the acquisition, design, construction, 

23 management, or operation of a dredged material 

24 processing, treatment, or disposal facility (including 

25 any facility used to demonstrate potential beneficial 
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1 uses of dredged material) using funds provided in 

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

3 more of the parties of the agreement may perform 

4 the acquisition, design, construction, management, 

5 or operation of a dredged material processing, treat6 ment, or disposal facility. If appropriate, the Sec7 retary may combine portions of separate construc8 tion or maintenance appropriations from separate 

9 Federal projects with the appropriate combined cost10 sharing between the various projects when the facil11 ity serves to manage dredged material from multiple 

12 Federal projects located in the geographic region of 

13 the facility. 

14 ‘‘(2) PUBLIC FINANCING.—

15 ‘‘(A) AGREEMENTS.—The agreement used 

16 shall clearly specify the Federal funding sources 

17 and combined cost-sharing when applicable to 

18 multiple Federal navigation projects and the re19 sponsibilities and risks of each of the parties re20 lated to present and future dredged material 

21 managed by the facility. 

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

23 supersedes or modifies existing agreements be24 tween the Federal Government and any non25 Federal sponsors for the cost-sharing, construc-
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1 tion, and operation and maintenance of Federal 

2 navigation projects. Subject to the approval of 

3 the Secretary and in accordance with existing 

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

5 public sponsor of a Federal navigation project 

6 may seek credit for funds provided in the acqui7 sition, design, construction, management, or op8 eration of a dredged material processing, treat9 ment, or disposal facility to the extent the facil10 ity is used to manage dredged material from 

11 the Federal navigation project. The non-Federal 

12 sponsor shall be responsible for providing all 

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

14 relocations associated with the facility and shall 

15 receive credit for these items.’’; and 

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

17 as so redesignated, by inserting ‘‘processing, treat18 ment, or’’ after ‘‘dredged material’’ the first place it 

19 appears. 

20 SEC. 2010. WETLANDS MITIGATION. 

21 In carrying out a water resources project that in22 volves wetlands mitigation and that has impacts that occur 

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

24 to the maximum extent practicable and where appropriate, 

25 shall give preference to the use of the mitigation bank if 
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1 the bank contains sufficient available credits to offset the 

2 impact and the bank is approved in accordance with the 

3 Federal Guidance for the Establishment, Use and Oper4 ation of Mitigation Banks (60 Fed. Reg. 58605) or other 

5 applicable Federal law (including regulations).

6 SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. 

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

8 and navigation improvements, the Secretary may rec9 ommend a project without the need to demonstrate that 

10 the project is justified solely by national economic develop11 ment benefits if the Secretary determines that—

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

13 project is at least 70 miles from the nearest surface 

14 accessible commercial port and has no direct rail or 

15 highway link to another community served by a sur16 face accessible port or harbor; or 

17 (B) the project would be located in the Com18 monwealth of Puerto Rico, Guam, the Common19 wealth of the Northern Mariana Islands, or Amer20 ican Samoa; 

21 (2) the harbor is economically critical such that 

22 over 80 percent of the goods transported through 

23 the harbor would be consumed within the community 

24 served by the harbor and navigation improvement; 

25 and 
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1 (3) the long-term viability of the community 

2 would be threatened without the harbor and naviga3 tion improvement. 

4 (b) JUSTIFICATION.—In considering whether to rec5 ommend a project under subsection (a), the Secretary 

6 shall consider the benefits of the project to—

7 (1) public health and safety of the local commu8 nity, including access to facilities designed to protect 

9 public health and safety; 

10 (2) access to natural resources for subsistence 

11 purposes; 

12 (3) local and regional economic opportunities; 

13 (4) welfare of the local population; and 

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

15 SEC. 2012. BENEFICIAL USES OF DREDGED MATERIAL. 

16 (a) IN GENERAL.—Section 204 of the Water Re17 sources Development Act of 1992 (33 U.S.C. 2326) is 

18 amended by striking subsections (c) through (g) and in19 serting the following: 

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

21 projects to transport and place suitable material dredged 

22 in connection with the construction, operation, or mainte23 nance of an authorized navigation project at locations se24 lected by a non-Federal public entity for use in the con25 struction, repair, or rehabilitation of projects determined 
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1 by the Secretary to be in the public interest and associated 

2 with navigation, flood damage reduction, hydroelectric 

3 power, municipal and industrial water supply, agricultural 

4 water supply, recreation, hurricane and storm damage re5 duction, aquatic plant control, and environmental protec6 tion and restoration. 

7 ‘‘(d) COOPERATIVE AGREEMENT.—Any project un8 dertaken pursuant to this section shall be initiated only 

9 after non-Federal interests have entered into an agree10 ment with the Secretary in which the non-Federal inter11 ests agree to pay the non-Federal share of the cost of con12 struction of the project and 100 percent of the cost of 

13 operation, maintenance, replacement, and rehabilitation of 

14 the project in accordance with section 103 of the Water 

15 Resources Development Act of 1986 (33 U.S.C. 2213). 

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

17 Costs associated with construction of a project under this 

18 section shall be limited solely to construction costs that 

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

20 dredging for construction, operation, or maintenance of 

21 the authorized navigation project in the most cost effective 

22 way, consistent with economic, engineering, and environ23 mental criteria. 

24 ‘‘(f) 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 en6 vironmental benefits, including the benefits to the aquatic 

7 environment to be derived from the creation of wetlands 

8 and control of shoreline erosion. The Federal share of such 

9 incremental costs shall be determined in accordance with 

10 subsection (d).’’. 

11 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec12 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

13 1962d–5b), for any project carried out under this section, 

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

15 the consent of the affected local government. 

16 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

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

18 projects under this section. Such sums shall remain avail19 able until expended. 

20 ‘‘(i) REGIONAL SEDIMENT MANAGEMENT PLAN21 NING.—In consultation with appropriate State and Fed22 eral agencies, the Secretary may develop, at Federal ex23 pense, plans for regional management of material dredged 

24 in conjunction with the construction, operation, or mainte25 nance of navigation projects, including potential beneficial 
32

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1 uses of dredged material for construction, repair, or reha2 bilitation of public projects for navigation, flood damage 

3 reduction, hydroelectric power, municipal and industrial 

4 water supply, agricultural water supply, recreation, hurri5 cane and storm damage reduction, aquatic plant control, 

6 and environmental protection and restoration.’’. 

7 (b) REPEAL.—

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

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

10 426j) is repealed. 

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

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

13 Secretary to complete any project being carried out 

14 under such section 145 on the day before the date 

15 of enactment of this Act. 

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

17 of the Water Resources Development Act of 1992 (33 

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

19 for the beaches of Bogues Bank in the vicinity of More20 head City, North Carolina, and a project in the vicinity 

21 of the Smith Point Park Pavilion and the TWA Flight 

22 800 Memorial, New York City, New York.
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1 SEC. 2013. COST SHARING PROVISIONS FOR CERTAIN 

2 AREAS. 

3 Section 1156 of the Water Resources Development 

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

5 to 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 

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

14 and including lands that are within the jurisdictional area 

15 of an Oklahoma Indian tribe, as determined by the Sec16 retary of the Interior, and are recognized by the Secretary 

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

18 151 of title 25, Code of Federal Regulations) or on land 

19 in the State of Alaska conveyed to an Alaska Native Vil20 lage Corporation under the Alaska Native Claims Settle21 ment Act (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 au-
34

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1 thorized to be carried out by the Secretary, the Secretary 

2 shall revise the project partnership agreement for the 

3 project to take into account the change in Federal partici4 pation in the project. 

5 SEC. 2015. COST SHARING. 

6 An increase in the maximum amount of Federal 

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

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

9 by the Secretary shall not affect any cost sharing require10 ment applicable to the project under title I of the Water 

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

12 seq.). 

13 SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PART14 NERSHIP AGREEMENT. 

15 If the Secretary is authorized to credit toward the 

16 non-Federal share the cost of work carried out by the non17 Federal interest before the date of the partnership agree18 ment for the project and such work has not been carried 

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

20 shall enter into an agreement with the non-Federal inter21 est for the project under which the non-Federal interest 

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

23 to work carried out under the agreement.
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1 SEC. 2017. RECREATION USER FEE REVENUES. 

2 Section 225 of the Water Resources Development Act 

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

4 (1) in subsection (a)(1) by striking ‘‘During fis5 cal years 1999 through 2002, the’’ and inserting 

6 ‘‘The’’; and 

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

8 30, 2005’’ and inserting ‘‘expended’’.

9 SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

10 DAMAGE REDUCTION. 

11 The Secretary shall expedite any authorized planning, 

12 design, and construction of any project for flood damage 

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

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

15 life and caused damage of sufficient severity and mag16 nitude to warrant a declaration of a major disaster by the 

17 President under the Robert T. Stafford Disaster and 

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

19 SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS. 

20 (a) IN GENERAL.—Section 729 of the Water Re21 sources Development Act of 1986 (33 U.S.C. 2267a; 114 

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

23 (1) by striking paragraph (1) of subsection (f) 

24 and inserting the following: 

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

26 share of the costs of an assessment carried out 
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1 under this section on or after December 11, 2000, 

2 shall be 25 percent.’’; and 

3 (2) by striking subsection (g). 

4 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

5 Secretary shall revise the partnership agreement for any 

6 assessment being carried out under such section 729 to 

7 take into account the change in non-Federal participation 

8 in the assessment as a result of the amendments made 

9 by subsection (a).

10 SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. 

11 Section 203(b)(1)(B) of the Water Resources Devel12 opment Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat. 

13 2589) is amended by inserting after ‘‘Code’’ the following 

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

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

16 Secretary of the Interior, and are recognized by the Sec17 retary of the Interior as eligible for trust land status under 

18 part 151 of title 25, Code of Federal Regulations’’. 

19 SEC. 2021. TREATMENT OF CERTAIN SEPARABLE ELE20 MENTS. 

21 (a) IN GENERAL.—If, in carrying out a water re22 sources project, the Secretary identifies a separable ele23 ment that would advance a primary mission of the Corps 

24 of Engineers, with benefits that could be achieved more 

25 cost-effectively if carried out in conjunction with the 
37

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1 project, the Secretary, in consultation with the non-Fed2 eral interest, may carry out such separable element at 

3 Federal expense if the cost of such separable element does 

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

5 not exceed $1,000,000. 

6 (b) OPERATION AND MAINTENANCE.—Operation and 

7 maintenance of work carried out under this section shall 

8 be a non-Federal responsibility. 

9 (c) LIMITATION ON STATUTORY CONSTRUCTION.—

10 Nothing in this section shall be construed to increase the 

11 amount authorized to be appropriated for a project beyond 

12 that amount authorized by law or to provide a separate 

13 authorization of appropriations.

14 SEC. 2022. PROSECUTION OF WORK. 

15 Section 10 of the Rivers and Harbors Act of Sep16 tember 22, 1922 (33 U.S.C. 621; 42 Stat. 1043), is 

17 amended by inserting after ‘‘harbors’’ the following: ‘‘, in18 cluding any planning, engineering, design, construction, 

19 operation, and maintenance,’’. 

20 SEC. 2023. WILDFIRE FIREFIGHTING. 

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

22 1856a-1; 105 Stat. 1034) is amended by inserting ‘‘the 

23 Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’.
38

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1 SEC. 2024. CREDIT FOR NON-CONSTRUCTION SERVICES. 

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

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

4 project costs for any authorized water resources develop5 ment project for the cost of materials and in-kind services, 

6 including design and management services but not includ7 ing construction, provided by the non-Federal interest for 

8 implementation of the project. 

9 (b) LIMITATION.—Credit authorized under sub10 section (a)—

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

12 project costs; 

13 (2) shall not alter any other requirements that 

14 require a non-Federal interest to provide lands, ease15 ments, rights-of-way, and dredged material disposal 

16 areas for the project; 

17 (3) shall not exceed the actual and reasonable 

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

19 the non-Federal interest, as determined by the Sec20 retary; and 

21 (4) shall not be allowed unless the Secretary 

22 has determined that such materials or services are 

23 compatible with and necessary for the project.

24 SEC. 2025. TECHNICAL ASSISTANCE. 

25 Section 22 of Water Resources Development Act of 

26 1974 (42 U.S.C. 1962d–16) is amended—
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1 (1) in subsection (a) by striking ‘‘The Sec2 retary’’ and inserting the following: 

3 ‘‘(a) FEDERAL STATE COOPERATION.—

4 ‘‘(1) COMPREHENSIVE PLANS.—The Sec5 retary’’. 

6 (2) by inserting after the last sentence in sub7 section (a) the following: 

8 ‘‘(2) TECHNICAL ASSISTANCE.—

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

10 a governmental agency or non-Federal in11 terest, the Secretary may provide, at Fed12 eral expense, technical assistance to such 

13 agency or non-Federal interest in man14 aging water resources. 

15 ‘‘(B) TYPES OF ASSISTANCE.—Tech16 nical assistance under this paragraph may 

17 include provision and integration of hydro18 logic, economic, and environmental data 

19 and analyses.’’

20 (3) in subsection (b)(1) by striking ‘‘this sec21 tion’’ each place it appears and inserting ‘‘subsection 

22 (a)(1)’’; 

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

24 inserting the following: 

25 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(1) FEDERAL AND STATE COOPERATION.—

2 There is’’; 

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

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

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

6 following: 

7 ‘‘(2) TECHNICAL ASSISTANCE.—There is au8 thorized to be appropriated $2,000,000 annually to 

9 carry out subsection (a)(2).’’.

10 SEC. 2026. CENTERS OF SPECIALIZED PLANNING EXPER11 TISE. 

12 (a) ESTABLISHMENT.—The Secretary is authorized 

13 to establish centers to provide specialized planning exper14 tise for water resources projects to be carried out by the 

15 Secretary to enhance and supplement the capabilities of 

16 the districts of the Army Corps of Engineers. 

17 (b) DUTIES.—A center of expertise shall have the fol18 lowing duties: 

19 (1) Providing technical and managerial assist20 ance to district engineers for project planning, devel21 opment, and implementation. 

22 (2) Providing peer reviews of new major sci23 entific, engineering, or economic methods, models or 

24 analyses that will be used to support decisions of the 

25 Secretary with respect to feasibility studies. 
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1 (3) Providing support for external peer review 

2 panels convened by the Secretary. 

3 (4) Performing such other duties as prescribed 

4 by the Secretary.

5 SEC. 2027. COORDINATION AND SCHEDULING OF FEDERAL, 

6 STATE, AND LOCAL ACTIONS. 

7 (a) NOTICE OF INTENT.—Upon request of the non8 Federal interest in the form of a written notice of intent 

9 to construct or modify a non-Federal water supply, waste10 water infrastructure, flood damage reduction, environ11 mental restoration, or navigation project that requires the 

12 approval of the Secretary, the Secretary shall initiate, sub13 ject to subsection (h)(1), procedures to establish a sched14 ule for consolidating Federal, State, and local agency envi15 ronmental assessments, project reviews, and issuance of 

16 all permits for the construction or modification of the 

17 project. The non-Federal interest shall submit to the Sec18 retary, with the notice of intent, studies and documenta19 tion, including environmental reviews, that may be re20 quired by Federal law for decisionmaking on the proposed 

21 project. All States having jurisdiction over the proposed 

22 project shall be invited by the Secretary, but shall not be 

23 required, to participate in carrying out this section with 

24 respect to the project. 
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1 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

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

3 shall publish such notice in the Federal Register. The Sec4 retary also shall provide written notification of the receipt 

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

6 agencies that may be required to issue permits for the con7 struction of the project or related activities. The Secretary 

8 shall solicit the cooperation of those agencies and request 

9 their entry into a memorandum of agreement described 

10 in subsection (c) with respect to the project. Within 30 

11 days after publication of the notice in the Federal Reg12 ister, State and local agencies that intend to enter into 

13 the memorandum of agreement with respect to the project 

14 shall notify the Secretary of their intent in writing. 

15 (c) SCHEDULING AGREEMENT.—Within 90 days 

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

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

18 the Secretary of Commerce, and the Administrator of the 

19 Environmental Protection Agency, as necessary, and any 

20 State or local agencies that have notified the Secretary 

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

22 the Secretary establishing a schedule of decisionmaking 

23 for approval of the project and permits associated with 

24 the project and with related activities. Such schedule may 
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1 not extent beyond the last day of the 18-month period be2 ginning on the date of the agreement. 

3 (d) CONTENTS OF AGREEMENT.—An agreement en4 tered into under subsection (c) with respect to a project, 

5 to the extent practicable, shall consolidate hearing and 

6 comment periods, procedures for data collection and re7 port preparation, and the environmental review and per8 mitting processes associated with the project and related 

9 activities. The agreement shall detail, to the extent pos10 sible, the non-Federal interest’s responsibilities for data 

11 development and information that may be necessary to 

12 process each permit required for the project, including a 

13 schedule when the information and data will be provided 

14 to the appropriate Federal, State, or local agency. 

15 (e) PRELIMINARY DECISION.—An agreement entered 

16 into under subsection (c) with respect to a project shall 

17 include a date by which the Secretary of the Army, taking 

18 into consideration the views of all affected Federal agen19 cies, shall provide to the project sponsor, in writing, a pre20 liminary determination whether the project and Federal 

21 permits associated with it are reasonably likely to receive 

22 approval. 

23 (f) REVISION OF AGREEMENT.—The Secretary of the 

24 Army may revise an agreement entered into under sub25 section (c) with respect to a project once to extend the 
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1 schedule to allow the non-Federal interest the minimum 

2 amount of additional time necessary to revise its original 

3 application to meet the objections of a Federal, State, or 

4 local agency that is a party to the agreement. 

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

6 of a schedule established by an agreement entered into 

7 under subsection (c) with respect to a project, the Sec8 retary of the Army shall notify the non-Federal interest 

9 of the final decision on the project and whether the permit 

10 or permits have been issued. 

11 (h) REIMBURSEMENT.—

12 (1) COSTS OF COORDINATION.—The costs in13 curred by the Secretary of the Army to establish and 

14 carry out a schedule to consolidate Federal, State, 

15 and local agency environmental assessments, project 

16 reviews, and permit issuance for a project under this 

17 section shall be paid by the non-Federal 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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•HR 2557 IH 

1 agreement with the Secretary under subsection 

2 (c) with respect to a project in order to facili3 tate the timely processing, review, and comple4 tion of applicable Federal, State, and local 

5 agency environmental assessments, project re6 views, and permits for the project. 

7 (B) USE OF FUNDS.—Funds accepted 

8 under this paragraph shall be used to supple9 ment existing resources of the Secretary or a 

10 participating agency. 

11 (C) ASSURANCE OF LEVEL OF SERVICE

12 AND IMPARTIALITY.—The Secretary shall en13 sure that the Department of the Army and any 

14 participating agency that accepts funds under 

15 this paragraph shall continue to provide the 

16 same level of service to other projects and other 

17 responsibilities not covered by this section as it 

18 would provide notwithstanding any activities 

19 carried out under this section and that accept20 ance of such funds will not impact impartial de21 cisionmaking either substantively or proce22 durally. 

23 (i) REPORT ON TIMESAVINGS METHODS.—Not later 

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

25 the Secretary of the Army shall prepare and transmit to 
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•HR 2557 IH 

1 Congress a report estimating the time required for the 

2 issuance of all Federal, State, and local permits for the 

3 construction of non-Federal projects for water supply, 

4 wastewater infrastructure, flood damage reduction, envi5 ronmental restoration, and navigation. The Secretary shall 

6 include in that report recommendations for further reduc7 ing the amount of time required for the issuance of those 

8 permits, including any proposed changes in existing law.

9 SEC. 2028. PROJECT STREAMLINING. 

10 (a) SCOPE.—This subsection shall apply to each 

11 study initiated after the date of enactment of this Act to 

12 develop a feasibility report under section 905 of the Water 

13 Resources Development Act of 1986 (33 U.S.C. 2282), or 

14 a general reevaluation report, for a water resources project 

15 if the Secretary determines that such study requires an 

16 environmental impact statement under the National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

18 (b) POLICY.—The benefits of water resources 

19 projects are important to the nation’s economy and rec20 ommendations to Congress regarding such projects should 

21 not be delayed due to uncoordinated and sequential envi22 ronmental reviews or the failure to timely resolve disputes 

23 during the development of water resources projects. 

24 (c) DUTY OF THE SECRETARY.—To carry out the 

25 policy in subsection (b), the Secretary shall use all authori-
47

•HR 2557 IH 

1 ties available under law to coordinate and expedite the en2 vironmental reviews of a project that is subject to a study 

3 to which this subsection applies and to ensure timely reso4 lution of disputes. 

5 (d) AUTHORITIES.—The authorities referred to in 

6 subsection (c) include all authorities available to the Army 

7 Corps of Engineers as the lead Federal agency responsible 

8 for preparing an environmental impact statement under 

9 the National Environmental Policy Act of 1969 for a pro10 posed water resources project, including authorities that 

11 provide for—

12 (1) identifying Federal, State, and local agen13 cies and Indian tribes with jurisdiction over the 

14 project by law; 

15 (2) inviting jurisdictional agencies and Indian 

16 tribes to be cooperating agencies; 

17 (3) establishing and implementing a schedule 

18 for completing all reviews, analyses, and opinions, 

19 and any permits, licenses or approvals; 

20 (4) entering into a memorandum of under21 standing with cooperating agencies; 

22 (5) specifying the purpose of and need for the 

23 project; 
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1 (6) determining which alternatives are reason2 able and should be carried forward for detailed anal3 ysis; 

4 (7) eliminating duplication with other Federal, 

5 State, local, and Tribal requirements; and 

6 (8) ensuring early resolution of disputes. 

7 (e) IDENTIFICATION OF JURISDICTIONAL AGEN8 CIES.— The Secretary shall determine, as soon as prac9 ticable, which Federal, State, and local agencies and In10 dian tribes may reasonably be expected to have jurisdic11 tion over environmental-related matters that may be af12 fected by a proposed water resources project that is sub13 ject to a study to which this section applies or may be 

14 required by law to conduct an environmental-related re15 view or analysis of, or opinion on, the project or determine 

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

17 or approval for the project. 

18 (f) COOPERATING AGENCIES.—The Secretary shall 

19 request all agencies identified under subsection (e) with 

20 respect to a study to be cooperating agencies in the NEPA 

21 process for the study. Upon receipt of a request from the 

22 Secretary, a Federal agency shall be a cooperating agency. 

23 Upon acceptance of a request from the Secretary, a State 

24 or local agency or an Indian tribe may be a cooperating 
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1 agency in the NEPA process for the study to the extent 

2 permitted by State, local, or Tribal law. 

3 (g) SCHEDULE.—In consultation with cooperating 

4 agencies in the NEPA process for a study, the Secretary 

5 shall establish a schedule for completing the study and its 

6 associated NEPA process, including any related permits, 

7 approvals, opinions, reviews, or studies required for the 

8 proposed water resources project under other Federal, 

9 State, local, and Tribal laws. The study schedule shall in10 clude opportunities for comment and deadlines for cooper11 ating agencies and shall not reduce any period of time or 

12 opportunity for comment established by law. 

13 (h) EFFECT OF FAILURE TO MEET DEADLINES.—

14 (1) NOTICE.—If the Secretary determines that 

15 a cooperating agency has not met a deadline estab16 lished under subsection (i) or is not otherwise meet17 ing its responsibility as a cooperating agency, the 

18 Secretary shall notify, within 30 days of the date of 

19 such determination, the head of the Federal or Trib20 al agency or, in any case in which the cooperating 

21 agency is a State agency or local agency of a State, 

22 the Governor of the State. 

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

24 after date of receipt of a notice under paragraph (1), 

25 the cooperating agency shall submit a report to the 
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1 Secretary explaining the reasons for delay or lack of 

2 cooperation and what remedial actions the agency 

3 intends to take with respect to the delay or lack of 

4 cooperation. 

5 (3) NOTIFICATION OF CEQ AND COMMITTEES.— 

6 If the Secretary determines that a cooperating agen7 cy has not satisfactorily addressed the problems that 

8 are the subject of a notification under paragraph (1) 

9 within a reasonable period of time following the date 

10 of the notification, the Secretary shall notify the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives, the Committee on En13 vironment and Public Works of the Senate, and the 

14 Council on Environmental Quality. 

15 (4) RECORD CLOSURE.—At the completion of 

16 all comment periods established by law and under 

17 subsection (g) with respect to a study and its associ18 ated NEPA process, the Secretary shall close the 

19 record for the study. Information submitted, after 

20 the record has closed, by a cooperating agency that 

21 does not provide comment during any comment pe22 riod and that otherwise fails to meet its responsibil23 ities as a cooperating agency shall not be considered 

24 significant new information for purposes of the 

25 study and NEPA process. 
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•HR 2557 IH 

1 (i) MEMORANDUM OF UNDERSTANDING.—The Sec2 retary and cooperating agencies with respect to a study 

3 and its associated NEPA process shall enter into a memo4 randum of understanding incorporating the responsibil5 ities of all parties under this subsection with respect to 

6 the study. 

7 (j) PURPOSE AND NEED AND DETERMINATION OF

8 REASONABLE ALTERNATIVES.—

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

10 Federal agency that is responsible for carrying out 

11 a study to which this subsection applies and its asso12 ciated NEPA process and as the Federal agency 

13 with expertise in water resources development, the 

14 Secretary shall—

15 (A) define the purpose and need for the 

16 proposed water resources project, and 

17 (B) determine which alternatives are rea18 sonable and may be reasonably anticipated to 

19 meet project purposes and needs. 

20 (2) STREAMLINING STUDY.—To streamline a 

21 study to which this subsection applies and its associ22 ated NEPA process, the Secretary may eliminate 

23 from consideration any alternatives the Secretary de24 termines are not reasonable or are not reasonably 

25 anticipated to meet project purposes and needs. 
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1 (k) SINGLE ENVIRONMENTAL REVIEW PROCESS.—

2 (1) RECORD.—To eliminate duplication with 

3 other Federal, State, local and tribal requirements, 

4 the NEPA process and the environmental impact 

5 statement and study report for a proposed water re6 sources project prepared by the Secretary shall form 

7 the record and basis for all environmental-related re8 views or analyses of, or opinions on, the project or 

9 determinations whether to issue an environmental10 related permit, license, or approval for the project of 

11 all cooperating agencies, to the extent permitted by 

12 law. 

13 (2) BINDING EFFECT.—

14 (A) IN GENERAL.—For any environmental 

15 review, analysis, opinion, permit, license, or ap16 proval that must be issued or made by a co17 operating agency and that requires an analysis 

18 of purpose and need for the project or consider19 ation of alternatives, the cooperating agency, 

20 notwithstanding any other provision of law, 

21 shall be bound by the project purpose and need 

22 as defined by the Secretary and shall consider 

23 only those alternatives to the project that the 

24 Secretary has determined are reasonable. 
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•HR 2557 IH 

1 (B) LIMITATION ON STATUTORY CON2 STRUCTION.—This paragraph shall not be con3 strued as affecting a cooperating agency’s abil4 ity to submit comments in the NEPA process 

5 referred to in paragraph (1). 

6 (l) LIMITATIONS ON ACTIONS AND VENUE.—A claim 

7 arising under Federal law seeking judicial review of a final 

8 feasibility report, general reevaluation report, or record of 

9 decision for a water resources project to be carried out 

10 by the Secretary shall be barred unless it is filed in the 

11 United States Court of Appeals for the District of Colum12 bia Circuit or in the court of appeals of the United States 

13 for the circuit in which the project is located, within 90 

14 days after the report or record of decision is final. Nothing 

15 in this subsection shall create a right to judicial review. 

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

17 of enactment of this Act, the Chief of Engineers shall es18 tablish benchmarks for determining the length of time it 

19 should take to conduct a feasibility study for a water re20 sources development project and its associated NEPA 

21 process. Benchmarks may be established for activities 

22 based on size, cost, and complexity. The Chief of Engi23 neers shall use such benchmarks as a management tool 

24 to make the feasibility study process more efficient at all 

25 districts of the Army Corps of Engineers. 
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1 (n) NEPA PROCESS DEFINED.—In this section, the 

2 term ‘‘NEPA process’’ means the process for meeting the 

3 requirements of the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.). 

5 TITLE III—PROJECT-RELATED 

6 PROVISIONS 

7 SEC. 3001. COOK INLET, ANCHORAGE HARBOR, ALASKA. 

8 The project for navigation improvements, Cook Inlet, 

9 Alaska (Anchorage Harbor, Alaska), authorized by section 

10 101 of the River and Harbor Act of 1958 (72 Stat. 299) 

11 and modified by section 199 of the Water Resources De12 velopment Act of 1976 (90 Stat. 2944), is further modi13 fied to authorize the Secretary to establish a harbor depth 

14 of 45 feet for a length of 5,000 feet at the Port of Anchor15 age marine facility, at a total cost of $14,500,000. Federal 

16 maintenance shall be in accordance with such section 101; 

17 except that the project shall be maintained at a depth of 

18 45 feet for such 5,000 feet. 

19 SEC. 3002. KING COVE HARBOR, ALASKA. 

20 The maximum amount of Federal funds that may be 

21 expended for the project for navigation, King Cove Har22 bor, Alaska, being carried out under section 107 of the 

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

24 $8,000,000. 
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1 SEC. 3003. ST. PAUL HARBOR, ALASKA. 

2 (a) IN GENERAL.—The project for navigation, St. 

3 Paul Harbor, Alaska, authorized by section 101(b)(3) of 

4 the Water Resources Development Act of 1996 (110 Stat. 

5 3667) and modified by section 303 of the Water Resources 

6 Development Act of 1999 (113 Stat. 298–299), is further 

7 modified to direct the Secretary to construct the project, 

8 at a total cost of $65,000,000. 

9 (b) LIMITATION ON NON-FEDERAL SHARE.—The 

10 non-Federal share for the project shall not exceed 

11 $14,400,000. 

12 SEC. 3004. SITKA, ALASKA. 

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

14 project for navigation Southeast Alaska Harbors of Ref15 uge, Alaska, authorized by section 101 of the Water Re16 sources Development Act of 1992 (106 Stat. 4801), is 

17 modified to direct the Secretary to take such action as 

18 may be necessary to correct design deficiencies in such ele19 ment, at a Federal expense of $6,300,000. 

20 SEC. 3005. TATILEK, ALASKA. 

21 The maximum amount of Federal funds that may be 

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

23 being carried out under section 107 of the River and Har24 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000.
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•HR 2557 IH 

1 SEC. 3006. AMERICAN AND SACRAMENTO RIVERS, CALI2 FORNIA. 

3 The project for flood damage reduction, American 

4 and Sacramento Rivers, California, authorized by section 

5 101(a)(1) of the Water Resources Development Act of 

6 1996 (110 Stat. 3662–3663) and modified by section 366 

7 of the Water Resources Development Act of 1999 (113 

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

9 to carry out the project, at a total cost of $205,000,000. 

10 SEC. 3007. CACHE CREEK BASIN, CALIFORNIA. 

11 The project for flood control, Cache Creek Basin, 

12 California, authorized by section 401(a) of the Water Re13 sources Development Act of 1986 (100 Stat. 4112), is 

14 modified to direct the Secretary to mitigate the impacts 

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

16 on the city of Woodland’s storm drainage system, includ17 ing all appurtenant features, erosion control measures, 

18 and environmental protection features. Such mitigation 

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

20 feet per second) to release water to the Yolo Bypass, in21 cluding channel improvements, an outlet work through the 

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

23 channel to handle city and county storm drainage and set24 tling basin flows (1,760 cubic feet per second) when the 

25 Yolo Bypass is in a low flow condition. 
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1 SEC. 3008. GRAYSON CREEK/MURDERER’S CREEK, CALI2 FORNIA. 

3 The project for aquatic ecosystem restoration, Gray4 son Creek/Murderer’s Creek, California, being carried out 

5 under section 206 of the Water Resources Development 

6 Act of 1996 (33 U.S.C. 2330), is modified to direct the 

7 Secretary to credit toward the non-Federal share of the 

8 cost of the project the cost of work carried out by the 

9 non-Federal interest before the date of the partnership 

10 agreement for the project if the Secretary determines that 

11 the work is integral to the project and to authorize the 

12 Secretary to consider national ecosystem restoration bene13 fits in determining the Federal interest in the project.

14 SEC. 3009. JOHN F. BALDWIN SHIP CHANNEL AND STOCK15 TON SHIP CHANNEL, CALIFORNIA. 

16 The project for navigation, San Francisco to Stock17 ton, California, authorized by section 301 of the River and 

18 Harbor Act of 1965 (79 Stat. 1091) is modified—

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

20 cost of the John F. Baldwin Ship Channel and 

21 Stockton Ship Channel element of the project may 

22 be provided in the form of in-kind services and ma23 terials; and 

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

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

26 cost of planning and design work carried out by the 
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1 non-Federal interest before the date of an agreement 

2 for such planning and design if the Secretary deter3 mines that such work is integral to such element. 

4 SEC. 3010. LOS ANGELES HARBOR, LOS ANGELES, CALI5 FORNIA. 

6 The project for navigation, Los Angeles Harbor, Los 

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

8 Water Resources Development Act of 2000 (114 Stat. 

9 2577), is modified to direct the Secretary to credit toward 

10 the non-Federal share of the cost of the project the cost 

11 of the planning, design, and construction work carried out 

12 by the non-Federal interest before the date of the partner13 ship agreement for the project if the Secretary determines 

14 the work is integral to the project. 

15 SEC. 3011. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI16 FORNIA. 

17 The project for navigation, Larkspur Ferry Channel, 

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

19 Water Resources Development Act of 1986 (100 Stat. 

20 4148), is modified to direct the Secretary to prepare a 

21 limited reevaluation report to determine whether mainte22 nance of the project is feasible. If the Secretary deter23 mines that maintenance of the project is feasible, the Sec24 retary shall carry out the maintenance.
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1 SEC. 3012. NAPA RIVER SALT MARSH RESTORATION, NAPA 

2 RIVER, CALIFORNIA. 

3 In carrying out the feasibility study for the project 

4 for aquatic ecosystem restoration, Napa River Salt Marsh 

5 Restoration, Napa and Sonoma Counties, California, the 

6 Secretary shall determine whether work carried out by the 

7 non-Federal interest is integral to the project. In any case 

8 in which the work is determined to be integral to the 

9 project before completion of the final report of the Chief 

10 of Engineers on the project, such work shall be included 

11 as part of the project, and the cost of such work shall 

12 be recommended in the final report for credit toward the 

13 non-Federal share of the cost of the project. Work carried 

14 out after submission of the final report and before the date 

15 of the partnership agreement for the project that is deter16 mined to be integral to the project shall be considered as 

17 part of the project, and the cost of such work shall be 

18 credited toward the non-Federal share of the cost of the 

19 project. 

20 SEC. 3013. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI21 FORNIA. 

22 The project for aquatic ecosystem restoration, Pacific 

23 Flyway Center, Sacramento, California, being carried out 

24 under section 206 of the Water Resources Development 

25 Act of 1996 (33 U.S.C. 2330), is modified to authorize 
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1 the Secretary to expend $1,000,000 to enhance public ac2 cess to the project. 

3 SEC. 3014. PINOLE CREEK, CALIFORNIA. 

4 The project for improvement of the quality of the en5 vironment, Pinole Creek Phase I, California, being carried 

6 out under section 1135 of the Water Resources Develop7 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

8 the Secretary to credit toward the non-Federal share of 

9 the cost of the project the cost of work carried out by 

10 the non-Federal interest before the date of the partnership 

11 agreement for the project if the Secretary determines that 

12 the work is integral to the project.

13 SEC. 3015. PRADO DAM, CALIFORNIA. 

14 Upon completion of the modifications to the Prado 

15 Dam element of the project for flood control, Santa Ana 

16 River Mainstem, California, authorized by section 401(a) 

17 of the Water Resources Development Act of 1986 (100 

18 Stat. 4113), the Memorandum of Agreement for the Oper19 ation for Prado Dam for Seasonal Additional Water Con20 servation between the Department of the Army and the 

21 Orange County Water District (including all the condi22 tions and stipulations in the memorandum) shall remain 

23 in effect for volumes of water made available prior to such 

24 modifications.
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1 SEC. 3016. SACRAMENTO DEEP WATER SHIP CHANNEL, 

2 CALIFORNIA. 

3 The project for navigation, Sacramento Deep Water 

4 Ship Channel, California, authorized by section 202(a) of 

5 the Water Resources Development Act of 1986 (100 Stat. 

6 4092), is modified to direct the Secretary to credit toward 

7 the non-Federal share of the cost of the project the cost 

8 of planning and design work carried out by the non-Fed9 eral interest before the date of the partnership agreement 

10 for the project if the Secretary determines that the work 

11 is integral to the project.

12 SEC. 3017. SACRAMENTO RIVER, GLENN-COLUSA, CALI13 FORNIA. 

14 The project for flood control, Sacramento River, Cali15 fornia, authorized by section 2 of the Act entitled ‘‘An Act 

16 to provide for the control of the floods of the Mississippi 

17 River and of the Sacramento River, California, and for 

18 other purposes’’, approved March 1, 1917 (39 Stat. 949), 

19 and modified by section 102 of the Energy and Water De20 velopment Appropriations Act, 1990 (103 Stat. 649), sec21 tion 301(b)(3) of the Water Resources Development Act 

22 of 1996 (110 Stat. 3110), title I of the Energy and Water 

23 Development Appropriations Act, 1999 (112 Stat. 1841), 

24 and section 305 of the Water Resources Development Act 

25 of 1999 (113 Stat. 299), is further modified to direct the 

26 Secretary to credit the non-Federal interest up to 
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•HR 2557 IH 

1 $4,000,000 toward the non-Federal share of the cost of 

2 the project for costs incurred by the non-Federal interest 

3 in carrying out activities (including the provision of lands, 

4 easements, rights-of-way, relocations, and dredged mate5 rial disposal areas) associated with environmental compli6 ance for the project if the Secretary determines that the 

7 activities are integral to the project. 

8 SEC. 3018. SAN LORENZO RIVER, CALIFORNIA. 

9 The project for flood control, San Lorenzo River, 

10 California, authorized by section 101(a)(5) of the Water 

11 Resources Development Act of 1996 (110 Stat. 3663), is 

12 modified to direct the Secretary to credit not more than 

13 $2,000,000 toward the non-Federal share of the cost of 

14 the project for the cost of the work carried out by the 

15 non-Federal interest before the date of the partnership 

16 agreement for the project if the Secretary determines the 

17 work is integral to the project.

18 SEC. 3019. UPPER GUADALUPE RIVER, CALIFORNIA. 

19 The project for flood damage reduction and recre20 ation, Upper Guadalupe River, California, described as the 

21 Bypass Channel Plan of the Chief of Engineers dated Au22 gust 19, 1998, authorized by section 101(a)(9) of the 

23 Water Resources Development Act of 1999 (113 Stat. 

24 275), is modified to authorize the Secretary to construct 

25 the project, at a total cost of $140,328,000, with an esti-
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1 mated Federal cost of $70,164,000, and an estimated non2 Federal cost of $70,164,000. The non-Federal share of 

3 the cost of the project shall be subject to section 103(a)(3) 

4 of the Water Resources Development Act of 1986 (33 

5 U.S.C. 2213(a)(3)). 

6 SEC. 3020. WALNUT CREEK CHANNEL, CALIFORNIA. 

7 The project for aquatic ecosystem restoration, Wal8 nut Creek Channel, California, being carried out under 

9 section 206 of the Water Resources Development Act of 

10 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

11 to credit toward the non-Federal share of the cost of the 

12 project the cost of work carried out by the non-Federal 

13 interest before the date of the partnership agreement for 

14 the project if the Secretary determines that the work is 

15 integral to the project and to authorize the Secretary to 

16 consider national ecosystem restoration benefits in deter17 mining the Federal interest in the project. 

18 SEC. 3021. WILDCAT/SAN PABLO CREEK PHASE I, CALI19 FORNIA. 

20 The project for improvement of the quality of the en21 vironment, Wildcat/San Pablo Creek Phase I, California, 

22 being carried out under section 1135 of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2309a), is 

24 modified to direct the Secretary to credit toward the non25 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. 3022. WILDCAT/SAN PABLO CREEK PHASE II, CALI5 FORNIA. 

6 The project for aquatic ecosystem restoration, Wild7 cat/San Pablo Creek Phase II, California, being carried 

8 out under section 206 of the Water Resources Develop9 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 

10 the Secretary to credit toward the non-Federal share of 

11 the cost of the project the cost of work carried out by 

12 the non-Federal interest before the date of the partnership 

13 agreement for the project if the Secretary determines that 

14 the work is integral to the project and to authorize the 

15 Secretary to consider national ecosystem restoration bene16 fits in determining the Federal interest in the project. 

17 SEC. 3023. BREVARD COUNTY, FLORIDA. 

18 Section 310 of the Water Resources Development Act 

19 of 1999 (113 Stat. 301) is amended by adding at the end 

20 the following: 

21 ‘‘(d) CREDIT.—After completion of the study, the 

22 Secretary shall credit toward the non-Federal share of the 

23 cost of the project the cost of nourishment and renourish24 ment associated with the shore protection project incurred 

25 by the non-Federal interest to respond to damages to 
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1 Brevard County beaches that are the result of a Federal 

2 navigation project, as determined in the final report for 

3 the study.’’. 

4 SEC. 3024. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

5 The project for shore protection, Gasparilla and 

6 Estero Island segments, Lee County, Florida, authorized 

7 under section 201 of the Flood Control Act of 1965 (79 

8 Stat. 1073) by Senate Resolution dated December 17, 

9 1970, and by House Resolution dated December 15, 1970, 

10 and modified by section 309 of the Water Resources De11 velopment Act of 2000 (114 Stat. 2602), is further modi12 fied to direct the Secretary to credit toward the non-Fed13 eral share of the cost of the project the cost of work car14 ried out by the non-Federal interest before the date of the 

15 partnership agreement for the project if the Secretary de16 termines that the work is integral to the project. 

17 SEC. 3025. LIDO KEY BEACH, SARASOTA, FLORIDA. 

18 The project for shore protection, Lido Key Beach, 

19 Sarasota, Florida, authorized by section 101 of the River 

20 and Harbor Act of 1970 (84 Stat. 1819), deauthorized 

21 under section 1001(b) of the Water Resources Develop22 ment Act of 1986 (33 U.S.C. 579a(b)), and reauthorized 

23 by section 364(2)(A) of the Water Resources Development 

24 Act of 1999 (113 Stat. 313), is modified to direct the Sec25 retary to construct the project, at a total cost of 
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1 $12,926,000, with an estimated Federal cost of 

2 $6,547,000 and an estimated non-Federal cost of 

3 $6,379,000, and at an estimated average annual cost of 

4 $925,000 for periodic nourishment over the 50-year life 

5 of the project, with an estimated annual Federal cost of 

6 $468,500 and an estimated annual non-Federal cost of 

7 $456,500. 

8 SEC. 3026. MANATEE HARBOR, FLORIDA. 

9 The project for navigation, Manatee Harbor, Florida, 

10 authorized by section 202(a) of the Water Resources De11 velopment Act of 1986 (100 Stat. 4093) and modified by 

12 section 102(j) of the Water Resources Development Act 

13 of 1990 (104 Stat. 4612), is further modified—

14 (1) to include the construction of an extension 

15 of the south channel a distance of approximately 

16 1584 feet consistent with the general reevaluation 

17 report, dated April 2002, prepared by the Jackson18 ville District Corps of Engineers, at a total cost of 

19 $11,300,000, with an estimated Federal cost of 

20 $8,475,000 and an estimated non-Federal cost of 

21 $2,825,000; 

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

23 non-Federal share of the cost of the project the cost 

24 of in-kind services and materials provided for the 

25 project by the non-Federal interest; 
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1 (3) to direct the Secretary to credit toward the 

2 non-Federal share of the cost of the project the cost 

3 of planning, design, and construction work carried 

4 out by the non-Federal interest before the date of 

5 the partnership agreement for the project if the Sec6 retary determines that the work is integral to the 

7 project; and 

8 (4) to authorize the Secretary to carryout the 

9 project as modified at a total cost of $61,500,000.

10 SEC. 3027. TAMPA HARBOR, FLORIDA. 

11 The project for navigation, Tampa Harbor, Florida, 

12 referred to in section 4 of the Rivers and Harbors Act 

13 of September 22, 1922 (42 Stat. 1042), is modified to 

14 direct the Secretary to credit toward the non-Federal 

15 share of the cost of the project the cost of planning, de16 sign, and construction work carried out by the non-Fed17 eral interest before the date of the partnership agreement 

18 for the project if the Secretary determines that the work 

19 is integral to the project.

20 SEC. 3028. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

21 The project for navigation, Tampa Harbor-Big Bend 

22 Channel, Florida, authorized by section 101(a)(18) of the 

23 Water Resources Development Act of 1999 (113 Stat. 

24 276) is modified to direct the Secretary to credit toward 

25 the non-Federal share of the cost of the project the cost 
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1 of planning, design, and construction work carried out by 

2 the non-Federal interest before the date of the partnerhsip 

3 agreement for the project if the Secretary determines that 

4 the work is integral to the project. 

5 SEC. 3029. LITTLE WOOD RIVER, GOODING, IDAHO. 

6 The project for flood damage reduction, Little Wood 

7 River, Gooding, Idaho, being carried out under section 

8 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 

9 is modified—

10 (1) to authorize the non-Federal interest to pro11 vide any portion of the non-Federal share of the cost 

12 of the project in the form of services, materials, sup13 plies, or other in-kind contributions; 

14 (2) to authorize the non-Federal interest to use 

15 funds made available under any other Federal pro16 gram toward the non-Federal share of the cost of 

17 the project if such use of the funds is permitted 

18 under the other Federal program; and 

19 (3) to direct the Secretary, in calculating the 

20 non-Federal share of the cost of the project, to make 

21 a determination under section 103(m) of the Water 

22 Resources Development Act of 1986 (33 U.S.C. 

23 2213(m)) on the non-Federal interest’s ability to 

24 pay. 
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1 SEC. 3030. 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-Fed9 eral cost of $5,650,000, and to perform operation and 

10 maintenance 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 sec16 tion for the repair and rehabilitation allocable to the pro17 tection of lands owned by the United States shall be a 

18 Federal responsibility. The Secretary shall seek reimburse19 ment from the Secretary of Agriculture for the costs allo20 cated to protecting lands owned by the Department of Ag21 riculture. 

22 (d) OPERATION AND MAINTENANCE OF NON-FED23 ERAL LANDS.—The cost of operation and maintenance 

24 under this section allocated to protecting non-Federal 

25 lands shall be a non-Federal responsibility. 
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1 SEC. 3031. LITTLE CALUMET RIVER, INDIANA. 

2 The project for flood control, Little Calumet River, 

3 Indiana, authorized by section 401(a) of the Water Re4 sources Development Act of 1986 (100 Stat. 4115), is 

5 modified to authorize the Secretary to carry out the 

6 project in accordance with the post authorization change 

7 report dated August 2000, at a total cost of 

8 $186,300,000, with an estimated Federal cost of 

9 $136,600,000 and an estimated non-Federal cost of 

10 $49,700,000. 

11 SEC. 3032. WHITE RIVER, INDIANA. 

12 The project for flood control, Indianapolis on West 

13 Fork of White River, Indiana, authorized by section 5 of 

14 the Act entitled ‘‘An Act authorizing the construction of 

15 certain public works on rivers and harbors for flood con16 trol, and other purposes’’, approved June 22, 1936 (49 

17 Stat. 1586), and modified by section 323 of the Water 

18 Resources Development Act of 1996 (110 Stat. 3716) and 

19 section 322 of the Water Resources Development Act of 

20 1999 (113 Stat. 303–304), is further modified to author21 ize the Secretary to undertake the riverfront alterations 

22 described in the Central Indianapolis Waterfront Concept 

23 Plan, dated February 1994, for the Fall Creek Reach fea24 ture, at a total cost of $28,545,000.
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1 SEC. 3033. WOLF LAKE, INDIANA. 

2 The project for aquatic ecosystem restoration, Wolf 

3 Lake, Indiana, being carried out under section 206 of the 

4 Water Resources Development Act of 1996 (33 U.S.C. 

5 2330), is modified to direct the Secretary to credit toward 

6 the non-Federal share of the cost of the project the cost 

7 of planning, design, and construction work carried out by 

8 the non-Federal interest before the date of the partnership 

9 agreement for the project if the Secretary determines that 

10 the work is integral to the project.

11 SEC. 3034. HARLAN COUNTY, KENTUCKY. 

12 The Harlan County, Kentucky, element of the project 

13 for flood control, Levisa and Tug Fork of the Big Sandy 

14 and Cumberland Rivers, West Virginia, Virginia, and Ken15 tucky, authorized by section 202(a) of the Energy and 

16 Water Development Appropriations Act, 1981 (94 Stat. 

17 1339), is modified to direct the Secretary to take measures 

18 to provide a 100-year level of flood protection. 

19 SEC. 3035. PRESTONSBURG, KENTUCKY. 

20 The Prestonsburg, Kentucky, element of the project 

21 for flood control, Levisa and Tug Fork of the Big Sandy 

22 and Cumberland Rivers, West Virginia, Virginia, and Ken23 tucky, authorized by section 202(a) of the Energy and 

24 Water Development Appropriations Act, 1981 (94 Stat. 

25 1339), is modified to direct the Secretary to take measures 

26 to provide a 100-year level of flood protection. 
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1 SEC. 3036. ATCHAFALAYA BASIN, LOUISIANA. 

2 (a) IN GENERAL.—Section 315(a)(1) of the Water 

3 Resources Development Act of 2000 (114 Stat. 2603–

4 2604) is amended to read as follows: 

5 ‘‘(1) is authorized to study, design, construct, 

6 operate, and maintain, at Federal expense, a Type 

7 A Regional Visitor Center in the vicinity of Morgan 

8 City, Louisiana, in consultation with the State of 

9 Louisiana, to provide information to the public on 

10 the Atchafalaya River system and other associated 

11 waterways that have influenced surrounding commu12 nities, and national and local water resources devel13 opment of the Army Corps of Engineers in South 

14 Central Louisiana; and’’. 

15 (b) TECHNICAL CORRECTION.—Section 315(b) of 

16 such Act is amended by striking ‘‘(a)’’ and inserting 

17 ‘‘(a)(2)’’. 

18 (c) DONATIONS.—Section 315 of such Act is amend19 ed by adding at the end the following: 

20 ‘‘(c) DONATIONS.—In carrying out subsection (a)(1), 

21 the Mississippi River Commission is authorized to accept 

22 the donation of cash, funds, lands, materials, and services 

23 from non-Federal governmental entities and non-profit 

24 corporations.’’. 
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1 SEC. 3037. PUBLIC ACCESS, ATCHAFALAYA BASIN 

2 FLOODWAY SYSTEM, LOUISIANA. 

3 The public access feature of the Atchafalaya Basin 

4 Floodway System, Louisiana, project, authorized by the 

5 Water Resources Development Act 1986 (100 Stat. 4142), 

6 is modified to authorize the Secretary to acquire from will7 ing sellers the fee interest, exclusive of oil, gas, and min8 erals, of an additional 20,000 acres of land within the 

9 Lower Atchafalaya Basin Floodway for the public access 

10 feature of the Atchafalaya Basin Floodway System, to en11 hance fish and wildlife resources, at a total cost of 

12 $4,000,000. 

13 SEC. 3038. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

14 RIVER TO SHREVEPORT, LOUISIANA. 

15 The project for mitigation of fish and wildlife losses, 

16 J. Bennett Johnston Waterway, Mississippi River to 

17 Shreveport, Louisiana, authorized by section 601(a) of the 

18 Water Resources Development Act of 1986 (100 Stat. 

19 4142) and modified by section 4(h) of the Water Re20 sources Development Act of 1988 (102 Stat. 4016), sec21 tion 102(p) of the Water Resources Development Act of 

22 1990 (104 Stat. 4613), section 301(b)(7) of the Water 

23 Resources Development Act of 1996 (110 Stat. 3710), and 

24 section 316 of the Water Resources Development Act of 

25 2000 (114 Stat. 2572), is further modified to authorize 
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1 the purchase and reforesting of lands which have been 

2 cleared or converted to agricultural uses. 

3 SEC. 3039. MISSISSIPPI DELTA REGION, LOUISIANA. 

4 The Mississippi Delta Region project, Louisiana, au5 thorized as part of the project for hurricane-flood protec6 tion on Lake Pontchartrain, Louisiana, by section 204 of 

7 the Flood Control Act of 1965 (79 Stat. 1077) and modi8 fied by section 365 of the Water Resources Development 

9 Act of 1996 (110 Stat. 3739), is further modified to direct 

10 the Secretary to credit toward the non-Federal share of 

11 the cost of the project the costs of relocating oyster beds 

12 in the Davis Pond project area if the Secretary determines 

13 that the work is integral to the Mississippi Delta Region 

14 project. 

15 SEC. 3040. NEW ORLEANS TO VENICE, LOUISIANA. 

16 The New Orleans to Venice, Louisiana, project for 

17 hurricane protection, authorized by section 203 of the 

18 Flood Control Act of 1962 (76 Stat. 1184), is modified 

19 to authorize the Secretary to carry out the work on the 

20 St. Jude to City Price, Upper Reach A back levee. The 

21 Federal share of the cost of such work shall be 70 percent. 

22 SEC. 3041. WEST BANK OF THE MISSISSIPPI RIVER (EAST 

23 OF HARVEY CANAL), LOUISIANA. 

24 Section 328 of the Water Resources Development Act 

25 of 1999 (113 Stat. 304–305) is amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘operation and mainte3 nance’’ and inserting ‘‘operation, maintenance, 

4 rehabilitation, repair, and replacement’’; and 

5 (B) by striking ‘‘Algiers Channel’’ and in6 serting ‘‘Algiers Canal Levees’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(c) COST SHARING.—The non-Federal share of the 

9 cost of the project shall be 35 percent.’’.

10 SEC. 3042. UNION RIVER, MAINE. 

11 The project for navigation, Union River, Maine, au12 thorized by the first section of the Act entitled ‘‘An Act 

13 making appropriations for the construction, repair, and 

14 preservation of certain public works on rivers and harbors, 

15 and for other purposes’’, approved June 3, 1896 (29 Stat. 

16 215), is modified by redesignating as an anchorage area 

17 that portion of the project consisting of a 6-foot turning 

18 basin and lying northerly of a line commencing at a point 

19 N315,975.13, E1,004,424.86 thence running north 61 de20 grees 27 minutes 20.71 seconds west about 132.34 feet 

21 to a point N316,038.37, E1,004,308.61.

22 SEC. 3043. CASS RIVER, SPAULDING TOWNSHIP, MICHIGAN. 

23 (a) IN GENERAL.—The project for flood damage re24 duction, Cass River, Spaulding Township, Saginaw Coun25 ty, Michigan, being carried out under section 205 of the 
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1 Flood Control Act of 1948 (33 U.S.C. 701s), is modified 

2 to incorporate flood control works constructed by the non3 Federal interests between Sheridan Road and East Street 

4 (M–13) if the Secretary determines that the inclusion of 

5 such flood control works is feasible. 

6 (b) CREDIT.—The Secretary shall credit toward the 

7 non-Federal share of the cost of the project the cost of 

8 work carried out by the non-Federal interest before the 

9 date of the partnership agreement for the project if the 

10 Secretary determines that the work is integral to the 

11 project. 

12 SEC. 3043. DETROIT RIVER SHORELINE, DETROIT, MICHI13 GAN. 

14 (a) IN GENERAL.—The project for emergency 

15 streambank and shoreline protection, Detroit River Shore16 line, Detroit, Michigan, being carried out under section 14 

17 of the Flood Control Act of 1946 (33 U.S.C. 701r), is 

18 modified to include measures to enhance public access. 

19 (b) MAXIMUM FEDERAL EXPENDITURE.—The max20 imum amount of Federal funds that may be expended for 

21 the project shall be $3,000,000. 

22 SEC. 3044. WATER RESOURCES INSTITUTE, MUSKEGON, 

23 MICHIGAN. 

24 (a) IN GENERAL.—The project for emergency 

25 streambank and shoreline protection, Water Resources In-
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1 stitute, Muskegon, Michigan, being carried out under sec2 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 

3 701r), is modified to provide for completion of shoreline 

4 protection measures in accordance with the approved 

5 plans and specifications for Grand Valley State University, 

6 Lake Michigan Center, dated August 6, 2001. 

7 (b) MAXIMUM FEDERAL EXPENDITURE.—The max8 imum amount of Federal funds that may be expended for 

9 the project shall be $2,000,000. 

10 (c) CREDIT.—The Secretary shall credit toward the 

11 non-Federal share of the cost of the project the cost of 

12 design and implementation of shoreline protection meas13 ures carried out by the non-Federal interest before the 

14 date of the partnership agreement for the project if the 

15 Secretary determines that the work is integral to the 

16 project. 

17 SEC. 3045. SAGINAW RIVER, BAY CITY, MICHIGAN. 

18 The maximum amount of Federal funds that may be 

19 expended for the project for emergency streambank pro20 tection, Saginaw River, Bay City, Michigan, being carried 

21 out under section 14 of the Flood Control Act of 1946 

22 (33 U.S.C. 701r), shall be $2,000,000. 

23 SEC. 3046. ADA, MINNESOTA. 

24 (a) IN GENERAL.—The project for flood damage re25 duction, Wild Rice River, Ada, Minnesota, being carried 
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1 out under section 205 of the Flood Control Act of 1948 

2 (33 U.S.C. 701s), is modified to authorize the Secretary 

3 to consider national ecosystem restoration benefits in de4 termining the Federal interest in the project. 

5 (b) EVALUATION OF BENEFITS AND COSTS.—In 

6 evaluating the economic benefits and costs for the project, 

7 the Secretary shall not consider the emergency levee adja8 cent to Judicial Ditch No. 51 in the determination of con9 ditions existing prior to construction of the project. 

10 (c) SPECIAL RULE.—In evaluating and implementing 

11 the project, the Secretary shall allow the non-Federal in12 terest to participate in the financing of the project in ac13 cordance with section 903(c) of the Water Resources De14 velopment Act of 1986 (100 Stat. 4184) to the extent that 

15 the Secretary’s evaluation indicates that applying such 

16 section is necessary to implement the project. 

17 SEC. 3047. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

18 (a) IN GENERAL.—The project for navigation, Du19 luth Harbor, McQuade Road, Minnesota, being carried out 

20 under section 107 of the River and Harbor Act of 1960 

21 (33 U.S.C. 577) and modified by section 321 of the Water 

22 Resources Development Act of 2000 (114 Stat. 2605), is 

23 further modified to authorize the Secretary to provide 

24 public access and recreational facilities as generally de25 scribed in the Detailed Project Report and Environmental 
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1 Assessment, McQuade Road Harbor of Refuge, Duluth, 

2 Minnesota, dated August 1999. 

3 (b) MAXIMUM FEDERAL EXPENDITURE.—The max4 imum amount of Federal funds that may be expended for 

5 the project shall be $5,000,000. 

6 SEC. 3048. GRANITE FALLS, MINNESOTA. 

7 (a) IN GENERAL.—The Secretary is directed to im8 plement under section 205 of the Flood Control Act of 

9 1948 (33 U.S.C. 701s) the locally preferred plan for flood 

10 damage reduction, Granite Falls, Minnesota, substantially 

11 in accordance with the detailed project report dated 2002, 

12 at a total cost of $12,000,000, with an estimated Federal 

13 cost of $8,000,000 and an estimated non-Federal cost of 

14 $4,000,000. 

15 (b) PROJECT FINANCING.—In evaluating and imple16 menting the project under this section, the Secretary shall 

17 allow the non-Federal interests to participate in the fi18 nancing of the project in accordance with section 903(c) 

19 of the Water Resources Development Act of 1986 (100 

20 Stat. 4184), to the extent that the detailed project report 

21 evaluation indicates that applying such section is nec22 essary to implement the project. 

23 (c) CREDIT.—The Secretary shall credit toward the 

24 non-Federal share of the project the cost of design and 

25 construction work carried out by the non-Federal interest 
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1 before date of execution of a partnership agreement for 

2 the project if the Secretary determines that the work is 

3 integral to the project. 

4 (d) MAXIMUM FUNDING.—The maximum amount of 

5 Federal funds that may be expended for the flood damage 

6 reduction shall be $8,000,000. 

7 SEC. 3049. MINNEAPOLIS, MINNESOTA. 

8 Section 527 of the Water Resources Development Act 

9 of 2000 (114 Stat. 2657) is amended—

10 (1) in subsection (a) by inserting after ‘‘June 

11 30, 1999’’ the following ‘‘, and including Hennepin 

12 Island and adjacent areas on the east side of the 

13 Mississippi River’’; and 

14 (2) in subsection (c) by striking ‘‘$10,000,000’’ 

15 and inserting ‘‘$25,000,000’’. 

16 SEC. 3050. RED LAKE RIVER, MINNESOTA. 

17 The project for flood control, Red Lake River at 

18 Crookston, Minnesota, authorized by section 101(a)(23) of 

19 the Water Resources Development Act of 1999 (113 Stat. 

20 278), is modified to authorize the Secretary to construct 

21 the project, at a total cost of $25,000,000, with an esti22 mated Federal cost of $16,250,000 and an estimated non23 Federal cost of $8,750,000. 
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1 SEC. 3051. SILVER BAY, MINNESOTA. 

2 The project for navigation, Silver Bay, Minnesota, 

3 authorized by section 2 of the Rivers and Harbors Act 

4 of March 2, 1945 (59 Stat. 19), is modified to include 

5 operation and maintenance of the general navigation fa6 cilities as a Federal responsibility. 

7 SEC. 3052. TACONITE HARBOR, MINNESOTA. 

8 The project for navigation, Taconite Harbor, Min9 nesota, carried out under section 107 of the River and 

10 Harbor Act of 1960 (33 U.S.C. 577), is modified to in11 clude operation and maintenance of the general navigation 

12 facilities as a Federal responsibility. 

13 SEC. 3053. TWO HARBORS, MINNESOTA. 

14 (a) IN GENERAL.—The project for navigation, Two 

15 Harbors, Minnesota, being carried out under section 107 

16 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

17 is modified to include construction of a dredged material 

18 disposal facility, including actions required to clear the 

19 site. 

20 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—

21 Non-Federal interests shall be responsible for providing all 

22 lands, easements, rights-of-way, and relocations necessary 

23 for the construction of the dredged material disposal facil24 ity. 
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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. 3054. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

5 The project for ecosystem restoration, Deer Island, 

6 Harrison County, Mississippi, being carried out under sec7 tion 204 of the Water Resources Development Act of 1992 

8 (33 U.S.C. 2326) is modified to authorize the non-Federal 

9 interest to provide any portion of the non-Federal share 

10 of the cost of the project in the form of services, materials, 

11 supplies, or other in-kind contributions. 

12 SEC. 3055. BOIS BRULE DRAINAGE AND LEVEE DISTRICT, 

13 MISSOURI. 

14 The maximum amount of Federal funds that may be 

15 expended for the project for flood damage reduction, Bois 

16 Brule Drainage and Levee District, Missouri, being car17 ried out under section 205 of the Flood Control Act of 

18 1948 (33 U.S.C. 701s), shall be $25,000,000. 

19 SEC. 3056. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

20 The project for ecosystem restoration and flood dam21 age reduction, Sand Creek watershed, Wahoo, Nebraska, 

22 authorized by section 101(b)(20) of the Water Resources 

23 Development Act of 2000 (114 Stat. 2578), is modified 

24 to direct the Secretary to credit toward the non-Federal 

25 share of the cost of the project the cost of work carried 
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1 out by the non-Federal interest before the date of the part2 nership agreement for the project if the Secretary deter3 mines that the work is integral to the project. 

4 SEC. 3057. ORCHARD BEACH, BRONX, NEW YORK. 

5 The project for shoreline protection, Orchard Beach, 

6 Bronx, New York, authorized by section 554 of the Water 

7 Resources Development Act of 1996 (110 Stat. 3781), is 

8 modified to authorize the Secretary to construct the 

9 project, at a total cost of $18,000,000.

10 SEC. 3058. TIMES BEACH, BUFFALO, NEW YORK. 

11 The project for improvement of the quality of the en12 vironment, Times Beach, Buffalo, New York, being car13 ried out under section 1135 of the Water Resources Devel14 opment Act of 1986 (100 Stat. 4251), is modified to direct 

15 the Secretary to credit not more than $750,000 toward 

16 the non-Federal share of the cost of the project for the 

17 cost of planning, design, and construction work carried out 

18 by the non-Federal interest before the date of the partner19 ship agreement for the project if the Secretary determines 

20 the work is integral to the project. 

21 SEC. 3059. PORT OF NEW YORK AND NEW JERSEY, NEW 

22 YORK AND NEW JERSEY. 

23 The Secretary may not require as an item of local 

24 cooperation in the construction of the project for naviga25 tion, Port of New York and New Jersey, New York and 
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1 New Jersey, authorized by section 101(a)(2) of the Water 

2 Resources Development Act of 2000 (114 Stat. 2576), 

3 that the non-Federal interest agree that the container fa4 cilities at the former Military Ocean Terminal at the Ba5 yonne, New Jersey, site along the Port Jersey Channel 

6 be operational prior to construction of the 50-foot deep 

7 Port Jersey Channel. Such container facilities may be 

8 made operational concurrent with the navigation project.

9 SEC. 3060. NEW YORK STATE CANAL SYSTEM. 

10 Section 553(c) of the Water Resources Development 

11 Act of 1996 (110 Stat. 3781) is amended to read as fol12 lows: 

13 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.—

14 In this section, the term ‘New York State Canal System’ 

15 means the 524 miles of navigable canal that comprise the 

16 New York State Canal System, including the Erie, Ca17 yuga-Seneca, Oswego, and Champlain Canals and the his18 toric alignments of these canals, including the cities of Al19 bany and Buffalo.’’. 

20 SEC. 3061. WILLAMETTE RIVER TEMPERATURE CONTROL, 

21 MCKENZIE SUBBASIN, OREGON. 

22 (a) IN GENERAL.—The project for environmental 

23 restoration, Willamette River Temperature Control, 

24 McKenzie Subbasin, Oregon, authorized by section 

25 101(a)(25) of the Water Resources Development Act of 
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1 1996 (110 Stat. 3665) and modified by section 344 of 

2 the Water Resources Development Act of 1999 (113 Stat. 

3 308), is further modified to direct the Secretary to pay, 

4 subject to the availability of appropriations, compensation 

5 for losses to small business attributable to the implemen6 tation of the draw down conducted as a part of project 

7 implementation in 2002. 

8 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

9 120 days after the date of enactment of this Act, the Sec10 retary shall establish, and provide public notice of, a pro11 gram—

12 (1) to receive claims for compensation for losses 

13 to small business attributable to the implementation 

14 of the draw down conducted as a part of project im15 plementation in 2002; 

16 (2) to evaluate claims for such losses; and 

17 (3) to pay claims for such losses. 

18 (c) IMPLEMENTATION OF PROGRAM.—In carrying 

19 out the program established under subsection (b), the Sec20 retary shall provide—

21 (1) public notice of the existence of the pro22 gram sufficient to reach those in the area that may 

23 have suffered losses to small businesses; 

24 (2) a period for the submission of claims of not 

25 fewer than 45 days and not greater than 75 days 
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1 from the date of the first public notice of the exist2 ence of the program; 

3 (3) for the evaluation of each claim submitted 

4 to the Secretary under the program and a deter5 mination of whether the claim constitutes a loss to 

6 a small business on or before the last day of the 30-

7 day period beginning on the date of submission of 

8 the claim; and 

9 (4) for the payment of each claim that the Sec10 retary determines constitutes a loss to a small busi11 ness on or before the last day of the 30-day period 

12 beginning on the date of the Secretary’s determina13 tion.

14 (d) LOSS TO A SMALL BUSINESS DEFINED.—In this 

15 section, the term ‘‘loss to a small business’’ means docu16 mented financial losses associated with commercial activ17 ity of a small business that can be attributed to the tur18 bidity levels in the McKenzie River being higher than 

19 those anticipated in the original planning documents and 

20 public announcements existing before the initiation of the 

21 draw down in 2002. Commercial losses include decline in 

22 sales, loss of revenue (including loss of revenue from can23 celed or delayed reservations at lodging establishments), 

24 and any other financial losses that can be shown to be 
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1 associated with the elevated turbidity levels in the 

2 McKenzie River in 2002. 

3 (e) PAYMENT OF CLAIMS.—The payment of claims 

4 for losses to small businesses shall be a Federal responsi5 bility. 

6 SEC. 3062. LACKAWANNA RIVER AT OLYPHANT, PENNSYL7 VANIA. 

8 The project for flood control, Lackawanna River at 

9 Olyphant, Pennsylvania, authorized by section 101(16) of 

10 the Water Resources Development Act of 1992 (106 Stat. 

11 4803), is modified to authorize the Secretary to construct 

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

13 SEC. 3063. LACKAWANNA RIVER AT SCRANTON, PENNSYL14 VANIA. 

15 The project for flood control, Lackawanna River at 

16 Scranton, Pennsylvania, authorized by section 101(17) of 

17 the Water Resources Development Act of 1992 (106 Stat. 

18 4803), is modified to authorize the Secretary to construct 

19 the project, at a total cost of $23,000,000.

20 SEC. 3064. RAYSTOWN LAKE, PENNSYLVANIA. 

21 The Secretary may take such action as may be nec22 essary, including construction of a breakwater, to prevent 

23 shoreline erosion between .07 and 2.7 miles south of Penn24 sylvania State Route 994 on the east shore of Raystown 

25 Lake, Pennsylvania.
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1 SEC. 3065. SHERADEN PARK STREAM AND CHARTIERS 

2 CREEK, ALLEGHENY COUNTY, PENNSYL3 VANIA. 

4 The project for aquatic ecosystem restoration, 

5 Sheraden Park Stream and Chartiers Creek, Allegheny 

6 County, Pennsylvania, being carried out under section 206 

7 of the Water Resources Development Act of 1996 (33 

8 U.S.C. 2330), is modified to direct the Secretary to credit 

9 up to $400,000 toward the non-Federal share of the cost 

10 of the project for planning and design 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. 3066. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL15 VANIA. 

16 The project for flood control, Wyoming Valley, Penn17 sylvania, authorized by section 401(a) of the Water Re18 sources Development Act of 1986 (100 Stat. 4124), is 

19 modified to include as a project element the project for 

20 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl21 vania. 

22 SEC. 3067. SOUTH CENTRAL PENNSYLVANIA. 

23 Section 313(h)(2) of the Water Resources Develop24 ment Act of 1992 (106 Stat. 4847; 107 Stat. 407; 117 

25 Stat. 142) is amended by striking ‘‘Allegheny, Armstrong, 

26 Beford, Blair, Cambria, Clearfield, Fayette, Franklin, 
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1 Fulton, Greene, Huntingdon, Indiana, Juniata, Mifflin, 

2 Somerset, Snyder, Washington, and Westmoreland Coun3 ties’’ and inserting ‘‘Allegheny, Armstrong, Bedford, 

4 Blair, Cambria, Fayette, Franklin, Fulton, Greene, Hun5 tingdon, Indiana, Juniata, Somerset, Washington, and 

6 Westmoreland Counties’’. 

7 SEC. 3068. WYOMING VALLEY, PENNSYLVANIA. 

8 In carrying out the project for flood control, Wyo9 ming Valley, Pennsylvania, authorized by section 401(a) 

10 of the Water Resources Development Act of 1986 (100 

11 Stat. 4124), the Secretary shall coordinate with non-Fed12 eral interests to review opportunities for increased public 

13 access. 

14 SEC. 3069. LITTLE LIMESTONE CREEK, JONESBOROUGH, 

15 TENNESSEE. 

16 In evaluating and implementing the project for flood 

17 damage reduction, Little Limestone Creek, Jonesborough, 

18 Tennessee, under section 205 of the Flood Control Act 

19 of 1948 (33 U.S.C. 701s), the Secretary shall allow the 

20 non-Federal interest to participate in the financing of the 

21 project in accordance with section 903(c) of the Water Re22 sources Development Act of 1986 (100 Stat. 4184), to the 

23 extent that the Secretary’s evaluation indicates that apply24 ing such section is necessary to implement the project.
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1 SEC. 3070. LOWER RIO GRANDE BASIN, TEXAS. 

2 The project for flood control, Lower Rio Grande 

3 Basin, Texas, authorized by section 401(a) of the Water 

4 Resources Development Act of 1986 (100 Stat. 4125), is 

5 modified—

6 (1) to direct the Secretary to credit toward the 

7 non-Federal share of the cost of the project the cost 

8 of planning, design, and construction work carried 

9 out by the non-Federal interest before the date of 

10 the partnership agreement for the project if the Sec11 retary determines that the work is integral to the 

12 project; and 

13 (2) to direct the Secretary, in calculating the 

14 non-Federal share of the cost of the project, to make 

15 a determination under section 103(m) of the Water 

16 Resources Development Act of 1986 (33 U.S.C. 

17 2213(m)) on the non-Federal interest’s ability to 

18 pay .

19 SEC. 3071. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

20 TEXAS. 

21 The project for ecosystem restoration and storm dam22 age reduction, North Padre Island, Corpus Christi Bay, 

23 Texas, authorized by section 556 of the Water Resources 

24 Development Act of 1999 (113 Stat. 353), is modified to 

25 include recreation as a project purpose.
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1 SEC. 3072. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

2 The project for flood control, San Antonio Channel, 

3 Texas, authorized by section 203 of the Flood Control Act 

4 of 1954 (68 Stat. 1259) as part of the comprehensive plan 

5 for flood protection on the Guadalupe and San Antonio 

6 Rivers in Texas and modified by section 103 of the Water 

7 Resources Development Act of 1976 (90 Stat. 2921) and 

8 section 335 of the Water Resources Development Act of 

9 2000 (114 Stat. 2611), is further modified to authorize 

10 the Secretary to credit toward the non-Federal share of 

11 the cost of the project the cost of construction work car12 ried out by the non-Federal interest before the date of the 

13 partnership agreement for the project if the Secretary de14 termines that the work is integral to the project. 

15 SEC. 3073. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA. 

16 Section 358 of the Water Resources Development Act 

17 of 1999 (113 Stat. 312) is amended by striking ‘‘Sep18 tember 30, 1999’’ and inserting ‘‘May 4, 1997’’. 

19 SEC. 3074. ROANOKE RIVER UPPER BASIN, VIRGINIA. 

20 The project for flood control, Roanoke River Upper 

21 Basin, Virginia, authorized by section 401(a) of the Water 

22 Resources Development Act of 1986 (100 Stat. 4126) and 

23 modified by section 110 of the Energy and Water Develop24 ment Appropriations Act, 1990 (103 Stat. 650), is further 

25 modified to authorize the Secretary to construct the 

26 project, at a total cost of $64,300,000, with an estimated 
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1 Federal cost of $42,100,000 and an estimated non-Fed2 eral cost of $22,200,000.

3 SEC. 3075. LAKE KEMP, TEXAS. 

4 (a) IN GENERAL.—The Secretary may not take any 

5 legal or administrative action seeking to remove a Lake 

6 Kemp improvement before the earlier of January 1, 2020, 

7 or the date of any transfer of ownership of the improve8 ment occurring after the date of enactment of this Act. 

9 (b) LIMITATION ON LIABILITY.—The United States, 

10 or any of its officers, agents, or assignees, shall not be 

11 liable for any injury, loss, or damage accruing to the own12 ers of a Lake Kemp improvement, their lessees, or occu13 pants as a result of any flooding or inundation of such 

14 improvements by the waters of the Lake Kemp reservoir, 

15 or for such injury, loss, or damage as may occur through 

16 the operation and maintenance of the Lake Kemp dam 

17 and reservoir in any manner. 

18 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this 

19 section, the term ‘‘Lake Kemp improvement’’ means an 

20 improvement (including dwellings) located within the flow21 age easement of Lake Kemp, Texas, below elevation 1159 

22 feet mean sea level. 
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1 SEC. 3076. BLAIR AND SITCUM WATERWAYS, TACOMA HAR2 BOR, WASHINGTON. 

3 (a) IN GENERAL.—The project for navigation, Blair 

4 and Sitcum Waterways, Tacoma Harbor, Washington, au5 thorized by section 202(a) of the Water Resources Devel6 opment Act of 1986 (100 Stat. 4096), is modified to direct 

7 the Secretary to review the locally prepared plan for the 

8 Blair and Sitcum Waterways, Washington, and, if the Sec9 retary determines that the plan meets the evaluation and 

10 design standards of the Corps of Engineers and that the 

11 plan is feasible, to authorize the Secretary to carry out 

12 the plan, at a Federal cost of $4,240,000. 

13 (b) CREDIT.—The Secretary shall credit toward the 

14 non-Federal share of the cost of the project the cost of 

15 work carried out by the non-Federal interest before the 

16 date of the partnership agreement for the project if the 

17 Secretary determines that the work is integral to the 

18 project. 

19 SEC. 3077. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

20 Section 579(c) of the Water Resources Development 

21 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 

22 by striking ‘‘$47,000,000’’ and inserting ‘‘$89,000,000’’. 

23 SEC. 3078. MANITOWOC HARBOR, WISCONSIN. 

24 The project for navigation, Manitowoc Harbor, Wis25 consin, authorized by the River and Harbor Act of August 

26 30, 1852, is modified to direct the Secretary to deepen 
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1 the upstream reach of the navigation channel from 12 feet 

2 to 18 feet, at a total cost of $300,000. 

3 SEC. 3079. CONTINUATION OF PROJECT AUTHORIZATIONS. 

4 (a) IN GENERAL.—Notwithstanding section 

5 1001(b)(2) of the Water Resources Development Act of 

6 1986 (33 U.S.C. 579a(b)(2)), the following projects shall 

7 remain authorized to be carried out by the Secretary: 

8 (1) The project for navigation, Fall River Har9 bor, Massachusetts, authorized by section 101 of the 

10 River and Harbor Act of 1968 (82 Stat. 731). 

11 (2) The project for flood control, Agana River, 

12 Guam, authorized by section 401(a) of the Water 

13 Resources Development Act of 1986 (100 Stat. 

14 4127). 

15 (b) LIMITATION.—A project described in subsection 

16 (a) shall not be authorized for construction after the last 

17 day of the 7-year period beginning on the date of enact18 ment of this Act, unless, during such period, funds have 

19 been obligated for the construction (including planning 

20 and design) of the project. 

21 SEC. 3080. PROJECT REAUTHORIZATION. 

22 That portion of the project for navigation, Manitowoc 

23 Harbor, Wisconsin, consisting of the channel in the south 

24 part of the outer harbor, deauthorized by section 101 of 

25 the River and Harbor Act of 1962 (76 Stat. 1176), may 
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1 be carried out by the Secretary if the Secretary determines 

2 that it is feasible. 

3 SEC. 3081. 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 

8 Harbor, Connecticut, authorized by the River and 

9 Harbor Act of July 3, 1930 (46 Stat. 919), con10 sisting of an 18-foot channel in Yellow Mill River 

11 and described as follows: Beginning at a point along 

12 the eastern limit of the existing project, 

13 N123,649.75, E481,920.54, thence running north14 westerly about 52.64 feet to a point N123,683.03, 

15 E481,879.75, thence running northeasterly about 

16 1,442.21 feet to a point N125,030.08, E482,394.96, 

17 thence running northeasterly about 139.52 feet to a 

18 point along the east limit of the existing channel, 

19 N125,133.87, E482,488.19, thence running south20 westerly about 1,588.98 feet to the point of origin. 

21 (2) NORWALK HARBOR, CONNECTICUT.—The 

22 following portions a 10-foot channel of the project 

23 for navigation, Norwalk Harbor, Connecticut, au24 thorized by the first section of the Rivers and Har-
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1 bors Appropriations Act of March 2, 1919 (40 Stat. 

2 1276): 

3 (A) An approximate rectangular shaped 

4 section along the northwesterly terminus of the 

5 channel. The section is 35-feet wide and about 

6 460-feet long and is further described as fol7 lows: Commencing at a point N104,165.85, 

8 E417,662.71, thence running south 24 degrees 

9 06 minutes 55 seconds east 395.00 feet to a 

10 point N103,805.32, E417,824.10, thence run11 ning south 00 degrees 38 minutes 06 seconds 

12 east 87.84 feet to a point N103,717.49, 

13 E417,825.07, thence running north 24 degrees 

14 06 minutes 55 seconds west 480.00 feet, to a 

15 point N104,155.59, E417.628.96, thence run16 ning north 73 degrees 05 minutes 25 seconds 

17 east 35.28 feet to the point of origin. 

18 (B) An area having the approximate shape 

19 of a parallelogram along the northeasterly por20 tion of the channel, southeast of the area de21 scribed in subparagraph (A). This area is 20-

22 feet wide and about 260-feet long and is further 

23 described as follows: Commencing at a point 

24 N103,855.48, E417,849.99, thence running 

25 south 33 degrees 07 minutes 30 seconds east 
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1 133.40 feet to a point N103,743.76, 

2 E417,922.89, thence running south 24 degrees 

3 07 minutes 04 seconds east 127.75 feet to a 

4 point N103,627.16, E417,975.09, thence run5 ning north 33 degrees 07 minutes 30 seconds 

6 west 190.00 feet to a point N103,786.28, 

7 E417,871.26, thence running north 17 degrees 

8 05 minutes 15 seconds west 72.39 feet to the 

9 point of origin. 

10 (3) CHICAGO RIVER AND HARBOR, CHICAGO, IL11 LINOIS.—Those portions of the projects for naviga12 tion, Chicago River and Chicago Harbor, Chicago, 

13 Illinois, authorized by the River and Harbor Act of 

14 March 3, 1899 (30 Stat. 1129), extending 50 feet 

15 riverward of the existing dock wall on the south side 

16 of the channel from Lake Street to Franklin Street 

17 and 25 feet riverward of the existing dock wall on 

18 the south side of the channel from Franklin Street 

19 to Wabash Avenue, and those areas within 20 feet 

20 of the bridge abutments on the south side of the 

21 channel for the length of the protection bridge piers 

22 from the Franklin Street Bridge to the Michigan 

23 Avenue Bridge. 

24 (4) ISLAND END RIVER, MASSACHUSETTS.—The 

25 portion of the project for navigation, Island End 
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1 River, Massachusetts, carried out under section 107 

2 of the River and Harbor Act of 1960 (33 U.S.C. 

3 577), described as follows: Beginning at a point 

4 along the eastern limit of the existing project, 

5 N507,348.98, E721,180.01, thence running north6 east about 35 feet to a point N507,384.17, 

7 E721,183.36, thence running northeast about 324 

8 feet to a point N507,590.51, E721,433.17, thence 

9 running northeast about 345 feet to a point along 

10 the northern limit of the existing project, 

11 N507,927.29, E721,510.29, thence running south12 east about 25 feet to a point N507,921.71, 

13 E721,534.66, thence running southwest about 354 

14 feet to a point N507,576.65, E721,455.64, thence 

15 running southwest about 357 feet to the point of ori16 gin. 

17 (5) CITY WATERWAY, TACOMA, WASHINGTON.—

18 The portion of the project for navigation, City Wa19 terway, Tacoma, Washington, authorized by the first 

20 section of the River and Harbor Appropriations Act 

21 of June 13, 1902 (32 Stat. 347), consisting of the 

22 last 1,000 linear feet of the inner portion of the wa23 terway beginning at Station 70+00 and ending at 

24 Station 80+00. 
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1 (b) NORWALK HARBOR, CONNECTICUT.—The 10-

2 foot channel portion of the Norwalk Harbor, Connecticut, 

3 navigation project described in subsection (a)(2) is modi4 fied to authorize the Secretary to realign the channel to 

5 include a new section immediately north of the area de6 scribed in subsection (a)(2)(B). The new triangular 

7 shaped section is described as follows: Commencing at a 

8 point N103,968.35, E417,815.29, thence running south 

9 17 degrees 05 minutes 15 seconds east 118.09 feet to a 

10 point N103,855.48, E417,849.99, thence running north 

11 33 degrees 07 minutes 30 seconds west 36.76 feet to a 

12 point N103,886.27, E417.829.90, thence running north 

13 10 degrees 05 minutes 26 seconds west 83.37 feet to the 

14 point of origin. 

15 (c) CHICAGO RIVER AND HARBOR, CHICAGO, ILLI16 NOIS.—The projects for navigation, Chicago River and 

17 Chicago Harbor referred to in subsection (a)(3) are modi18 fied to direct the Secretary to redefine the Federal naviga19 tion channel for the North Branch Canal portion extend20 ing from 100 feet downstream of the Halsted Street 

21 Bridge to 100 feet upstream of the Division Street Bridge 

22 to be no wider than 66 feet. 

23 (d) ADDITIONAL DEAUTHORIZATIONS.—The fol24 lowing projects, with a total estimated authorized cost of 

25 $2,017,000,000, are not authorized after the date of en-
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1 actment of this Act, except with respect to any portion 

2 of such a project which portion has been completed before 

3 such date or is under construction on such date: 

4 (1) The project for flood damage reduction, 

5 Cache Creek Basin, Clear Lake Outlet Channel, 

6 California, authorized by the Water Resources De7 velopment Act of 1986 (Public Law 99–662). 

8 (2) The project for flood control, Colusa 

9 Trough Drainage Canal, Sacramento River and 

10 Tributaries, California, authorized by the Flood 

11 Control Acts of 1917, 1928, and 1941 and the River 

12 and Harbor Act of 1937. 

13 (3) The project for flood control, Goleta and Vi14 cinity, California, authorized by the Flood Control 

15 Act of 1970. 

16 (4) The project to modify the Central and 

17 Southern Florida project to improve water supply to 

18 the Everglades National Park, Florida, authorized 

19 by the Flood Control Act of 1954 (Public Law 83–

20 780) and the Flood Control Act of 1968 (Public 

21 Law 90–483). 

22 (5) The project for flood control, Central and 

23 Southern Florida Project, Shingle Creek Basin, 

24 Florida, authorized by the Flood Control Act of 

25 1962. 
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1 (6) The project for hydroelectric power, Wailua 

2 Falls, Wailua River, Kauai, Hawaii, authorized by 

3 section 601 of the Water Resources Development 

4 Act of 1986 Public Law 99–662). 

5 (7) The project for navigation, Illinois Water6 way Cal-Sag Part III, Illinois, authorized by the 

7 River and Harbor Act of 1946. 

8 (8) The project for flood control, Middle Wa9 bash, Greenfield Bayou, Indiana, authorized by sec10 tion 10 of the Flood Control Act of 1946. 

11 (9) The project for flood damage reduction, 

12 Lake George, Hobart, Indiana, authorized by section 

13 602 of the Water Resources Development Act of 

14 1986 (Public Law 99–662). 

15 (10) The project for flood damage reduction, 

16 Green Bay Levee and Drainage District No. 2, 

17 Iowa, authorized by the Water Resources Develop18 ment Act of 1986, deauthorized in fiscal year 1991, 

19 and reauthorized by the Water Resources Develop20 ment Act of 1992 (Public Law 102–580). 

21 (11) The project for flood damage reduction, 

22 Hazard, Kentucky, authorized by section 3 of the 

23 Water Resources Development Act of 1988 (Public 

24 Law 100–676) and section 108 of the Water Re-
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1 sources Development Act of 1990 (Public Law 101–

2 640). 

3 (12) The recreation portion of the project for 

4 flood control, Taylorsville Lake, Kentucky, author5 ized by section 203 of the Flood Control Act of 

6 1966. 

7 (13) The project for flood control, West Ken8 tucky Tributaries, Kentucky, authorized by the 

9 Flood Control Acts of 1965 and 1970 and the Water 

10 Resources Development Act of 1986. 

11 (14) The project for flood damage reduction, 

12 Bayou Cocodrie and Tributaries, Louisiana, author13 ized by the Flood Control Act of 1941 and the 

14 Water Resources Development Act of 1974. 

15 (15) The project for flood control, Eastern 

16 Rapides and South-Central Avoyelles Parishes, Lou17 isiana, authorized by the Flood Control Act of 1970 

18 (Public Law–611). 

19 (16) The project for Red River Waterway, 

20 Shreveport, Louisiana to Daingerfield, Texas, au21 thorized by the River and Harbor Act of 1968 (Pub22 lic Law 90–483). 

23 (17) The project for flood damage reduction 

24 Brockton, Massachusetts, authorized by section 
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1 401(c) of the Water Resources Development Act of 

2 1986 (Public Law 99–662). 

3 (18) The project for navigation, Grand Haven 

4 Harbor, Michigan, authorized by section 202 of the 

5 Water Resources Development Act of 1986 (Public 

6 Law 99–662). 

7 (19) The project for navigation, Greenville Har8 bor, Mississippi, authorized by section 601 of the 

9 Water Resources Development Act of 1986 (Public 

10 Law 99–662). 

11 (20) The project for flood damage reduction, 

12 Platte River Flood and Related Streambank Erosion 

13 Control, Nebraska, authorized by section 603 of the 

14 Water Resources Development Act of 1986 (Public 

15 Law 99–662). 

16 (21) The project for navigation, Eisenhower 

17 and Snell Locks, New York, authorized by section 

18 1163 of the Water Resources Development Act of 

19 1986 (Public Law 99–662). 

20 (22) The project for navigation, Outer Habor, 

21 Buffalo, New York, authorized by section 110 of the 

22 Water Resources Development Act of 1992. 

23 (23) The project for flood damage reduction, 

24 Sugar Creek Basin, North Carolina and South Caro25 lina, authorized by section 401 of the Water Re-
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1 sources Development Act of 1986 (Public Law 99–

2 662). 

3 (24) The project for hydropower, Libby Dam, 

4 Montana, (Units 6–8), authorized by section 549 of 

5 the Water Resources Development Act of 1996 

6 (Public Law 104–303). 

7 (25) The project for flood control and recre8 ation, Fairfield, Ohio, authorized by section 401(a) 

9 of the Water Resources Development Act of 1986 

10 (Public Law 99–662). 

11 (26) The project for shoreline protection, 

12 Maumee Bay, Lake Erie, Ohio, authorized by sec13 tion 501(a) of the Water Resources Development 

14 Act of 1986. 

15 (27) The project for flood control and water 

16 supply, Parker Lake, Muddy Boggy Creek, Okla17 homa, authorized by the Water Resources Develop18 ment Act of 1986 (Public Law 99–662). 

19 (28) The project for the Columbia River, Sea20 farers Memorial, Hammond, Oregon, authorized by 

21 the Energy and Water Development Appropriations 

22 Act of 1991. 

23 (29) The project for bulkhead repairs, Quonset 

24 Point-Davisville, Rhode Island, authorized by section 
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1 571 of the Water Resources Development Act of 

2 1996. 

3 (30) The project for hydroelectric pumped stor4 age facility, South Dakota, authorized by section 

5 601 of the Water Resources Development Act of 

6 1986 (Public Law 99–662). 

7 (31) The project for wildlife habitat compensa8 tion, Oahe Dam, Lake Oahe (Wildlife Restoration, 

9 South Dakota and North Dakota, authorized by the 

10 Flood Control Act of 1970. 

11 (32) The project for flood damage reduction, 

12 Harris Fork Creek, Tennessee and Kentucky, au13 thorized by section 102 of the Water Resources De14 velopment Acts of 1976 and 1986. 

15 (33) The project for flood damage reduction, 

16 Arroyo Colorado, Texas, authorized by the Water 

17 Resources Development Act of 1986 (Public Law 

18 99–662). 

19 (34) The project for flood damage reduction, 

20 Cypress Creek-Structural, Texas, authorized by the 

21 Water Resources Development Act of 1988. 

22 (35) The project for flood damage reduction, 

23 East Fork channel Improvement, Increment 2, East 

24 Fork of the Trinity River, Texas, authorized by the 

25 Flood Control Act of 1962. 
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1 (36) The project for flood damage reduction, 

2 Falfurrias, Texas, authorized by the Water Re3 sources Development Act of 1988. 

4 (37) 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 SEC. 3083. LAND CONVEYANCES. 

9 (a) MILFORD, KANSAS.—

10 (1) IN GENERAL.—Subject to the provisions of 

11 this section, the Secretary shall convey by quitclaim 

12 deed without consideration to the Geary County Fire 

13 Department, Milford, Kansas, all right, title, and in14 terest of the United States in and to a parcel of land 

15 consisting of approximately 7.4 acres located in 

16 Geary County, Kansas, for construction, operation, 

17 and maintenance of a fire station. 

18 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

19 The exact acreage and the description of the real 

20 property referred to in paragraph (1) shall be deter21 mined by a survey that is satisfactory to the Sec22 retary. 

23 (3) REVERSION.—If the Secretary determines 

24 that the property conveyed under paragraph (1) 

25 ceases to be held in public ownership or to be used 
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1 for any purpose other than a fire station, all right, 

2 title, and interest in and to the property shall revert 

3 to the United States, at the option of the United 

4 States. 

5 (b) BOARDMAN, OREGON.—Section 501(g)(1) of the 

6 Water Resources Development Act of 1996 (110 Stat. 

7 3751) is amended—

8 (1) by striking ‘‘city of Boardman,’’ and insert9 ing ‘‘the Boardman Park and Recreation District, 

10 Boardman,’’; and 

11 (2) by striking ‘‘such city’’ and inserting ‘‘the 

12 city of Boardman’’. 

13 (c) GENERALLY APPLICABLE PROVISIONS.—

14 (1) APPLICABILITY OF PROPERTY SCREENING

15 PROVISIONS.—Section 2696 of title 10, United 

16 States Code, shall not apply to any conveyance 

17 under this section. 

18 (2) ADDITIONAL TERMS AND CONDITIONS.—

19 The Secretary may require that any conveyance 

20 under this section be subject to such additional 

21 terms and conditions as the Secretary considers ap22 propriate and necessary to protect the interests of 

23 the United States. 

24 (3) COSTS OF CONVEYANCE.—An entity to 

25 which a conveyance is made under this section shall 
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1 be responsible for all reasonable and necessary costs, 

2 including real estate transaction and environmental 

3 compliance costs, associated with the conveyance. 

4 (4) LIABILITY.—An entity to which a convey5 ance is made under this section shall hold the 

6 United States harmless from any liability with re7 spect to activities carried out, on or after the date 

8 of the conveyance, on the real property conveyed. 

9 The United States shall remain responsible for any 

10 liability with respect to activities carried out, before 

11 such date, on the real property conveyed. 

12 SEC. 3084. EXTINGUISHMENT OF REVERSIONARY INTER13 ESTS AND USE RESTRICTIONS. 

14 (a) IN GENERAL.—With respect to each deed listed 

15 in subsection (b), the reversionary interests and use re16 strictions relating to industrial use purposes are extin17 guished. 

18 (b) AFFECTED DEEDS.—The deeds with the fol19 lowing county auditor’s file numbers are referred to in 

20 subsection (a): 

21 (1) Auditor’s Instrument No. 399218 of Nez 

22 Perce County, Idaho—2.07 acres. 

23 (2) Auditor’s Instrument No. 487437 of Nez 

24 Perce County, Idaho—7.32 acres. 
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1 (c) NO EFFECT OF OTHER RIGHTS.—Nothing in this 

2 section affects the remaining rights and interests of the 

3 Corps of Engineers for authorized project purposes. 

4 TITLE IV—STUDIES 

5 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

6 Section 455 of the Water Resources Development Act 

7 of 1999 (113 Stat. 330–332) is amended by adding at 

8 the end the following: 

9 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The 

10 non-Federal interest may provide up to 100 percent of the 

11 non-Federal share required under subsection (f) in the 

12 form of services, materials, supplies, or other in-kind con13 tributions.’’. 

14 SEC. 4002. ST. GEORGE HARBOR, ALASKA. 

15 The Secretary shall conduct, at Federal expense, a 

16 study to determine the feasibility of providing navigation 

17 improvements at St. George, Alaska. 

18 SEC. 4003. UPPER MISSISSIPPI RIVER AND ILLINOIS WA19 TERWAY, ILLINOIS, IOWA, MINNESOTA, MIS20 SOURI, AND WISCONSIN. 

21 The Secretary shall transmit to Congress a report on 

22 the results of the Upper Mississippi River and Illinois Wa23 terway Restructured System Navigation Feasibility Study, 

24 Illinois, Iowa, Minnesota, Missouri, and Wisconsin, no 

25 later than July 1, 2004.
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1 SEC. 4004. HAMILTON, CALIFORNIA. 

2 The Secretary is directed to continue planning, 

3 preconstruction, engineering, and design efforts on the 

4 Sacramento-San Joaquin River Basins Comprehensive 

5 Study-Hamilton City Flood Damage Reduction and Eco6 system Restoration Initial Project and shall include in the 

7 study an area 2 miles north and 4 miles south of State 

8 Highway 32.

9 SEC. 4005. 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. 4006. SACRAMENTO RIVER, CALIFORNIA. 

14 The Secretary shall conduct a comprehensive study 

15 to determine the feasibility of, and alternatives for, meas16 ures to protect water diversion facilities and fish protective 

17 screen facilities in the vicinity of river mile 178 on the 

18 Sacramento River, California.

19 SEC. 4007. 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 ben25 efits 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 

4 Secretary shall cooperate with the California Department 

5 of Water Resources and appropriate Federal and State en6 tities in developing options for the beneficial use of 

7 dredged material from San Francisco Bay for the Sac8 ramento-San Joaquin Delta area. 

9 (c) REVIEW.—The study shall include a review of the 

10 feasibility of using Sherman Island as a rehandling site 

11 for levee maintenance material, as well as for ecosystem 

12 restoration. The review may include monitoring a pilot 

13 project using up to 150,000 cubic yards of dredged mate14 rial and being carried out at the Sherman Island site, ex15 amining larger-scale use of dredged materials from the 

16 San Francisco Bay and Suisun Bay Channel, and ana17 lyzing the feasibility of the potential use of saline mate18 rials from the San Francisco Bay for both rehandling and 

19 ecosystem restoration purposes.

20 SEC. 4008. 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. 4009. 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. 4010. 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 

12 preconstruction engineering and design for rehabilitation 

13 of the project.

14 SEC. 4011. WEST FELICIANA PARISH, LOUISIANA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for riverfront develop17 ment, including enhanced public access, recreation, and 

18 environmental restoration, on the Mississippi River in 

19 West Feliciana Parish, Louisiana. 

20 SEC. 4012. CITY OF MACKINAC ISLAND, MICHIGAN. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for navigation at the 

23 city of Mackinac Island, Michigan. 
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1 SEC. 4013. CHICAGO, ILLINOIS. 

2 Section 425(a) of the Water Resources Development 

3 Act of 2000 (114 Stat. 2638) is amended by inserting 

4 ‘‘Lake Michigan and’’ before ‘‘the Chicago River’’. 

5 SEC. 4014. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, IL6 LINOIS. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for ecosystem restora9 tion at the South Fork of the South Branch of the Chicago 

10 River, Chicago, Illinois.

11 SEC. 4015. ARTHUR KILL CHANNEL AND MORSES CREEK TO 

12 PERTH AMBOY, NEW JERSEY. 

13 The Secretary shall reevaluate the results of the 

14 study for the project for navigation, Arthur Kill Channel 

15 and Morses Creek to Perth Amboy, New Jersey, to deter16 mine whether the benefits of the project have increased 

17 as a result of a change in circumstances. In conducting 

18 the reevaluation, the Secretary shall review the locally pre19 pared study entitled ‘‘Pre-Feasibility Study for Channel 

20 Improvements—Arthur Kill from Morses Creek to Perth 

21 Amboy and Raritan Bay Approaches’’. 

22 SEC. 4017. PUEBLO OF ZUNI, NEW MEXICO. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out projects for water resources de25 velopment, environmental restoration, and natural re26 sources protection for the Pueblo of Zuni, New Mexico, 
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1 under section 203 of the Water Resources Development 

2 Act of 2000 (33 U.S.C. 2269). 

3 SEC. 4018. HUDSON-RARITAN ESTUARY, NEW YORK AND 

4 NEW JERSEY. 

5 In carrying out the study for environmental restora6 tion, Hudson-Raritan Estuary, New York and New Jer7 sey, the Secretary shall establish and utilize watershed res8 toration teams composed of estuary restoration experts 

9 from the Corps of Engineers, the New Jersey Department 

10 of Environmental Protection, and the Port Authority of 

11 New York and New Jersey and other experts designated 

12 by the Secretary for the purpose of developing habitat res13 toration and water quality enhancement. 

14 SEC. 4019. SAC AND FOX NATION, OKLAHOMA. 

15 The Secretary shall complete a water and related 

16 land resource conservation and management plan for the 

17 Sac and Fox Nation, Oklahoma, under section 203 of the 

18 Water Resources Development Act of 2000 (33 U.S.C. 

19 2269). 

20 SEC. 4020. SUTHERLIN, OREGON. 

21 (a) STUDY.—The Secretary shall conduct a study of 

22 water resources along Sutherlin Creek in the vicinity of 

23 Sutherlin, Oregon, to determine the feasibility of carrying 

24 out a project to restore and enhance aquatic resources 

25 using a combination of structural and bioengineering tech-
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1 niques and, if the Secretary determines that the project 

2 is feasible, may carry out the project.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $2,500,000. 

6 SEC. 4021. ECOSYSTEM RESTORATION AND FISH PASSAGE 

7 IMPROVEMENTS, OREGON. 

8 (a) STUDY.—The Secretary shall conduct a study to 

9 determine the feasibility of undertaking ecosystem restora10 tion and fish passage improvements on rivers throughout 

11 the State of Oregon. 

12 (b) REQUIREMENTS.—In carrying out the study, the 

13 Secretary shall—

14 (1) work in coordination with the State of Or15 egon, local governments, and other Federal agencies; 

16 and 

17 (2) place emphasis on—

18 (A) fish passage and conservation and res19 toration strategies to benefit species that are 

20 listed or proposed for listing as threatened or 

21 endangered species under the Endangered Spe22 cies Act of 1973 (16 U.S.C. 1531 et seq.); and 

23 (B) other watershed restoration objectives. 

24 (c) PILOT PROGRAM.—
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1 (1) IN GENERAL.—In conjunction with con2 ducting the study under subsection (a), the Sec3 retary may carry out pilot projects to demonstrate 

4 the effectiveness of ecosystem restoration and fish 

5 passages. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated $5,000,000 

8 to carry out this subsection. 

9 SEC. 4022. NORTHEASTERN PENNSYLVANIA AQUATIC ECO10 SYSTEM RESTORATION AND PROTECTION. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out aquatic ecosystem restoration 

13 and protection projects in the counties of Lackawanna, 

14 Lycoming, Susquehanna, Wyoming, Pike, Wayne, Sul15 livan, Bradford, Northumberland, Union, Snyder, and 

16 Montour, Pennsylvania, particularly as related to aban17 doned mine drainage abatement and reestablishment of 

18 stream and river channels. 

19 SEC. 4023. SABINE PASS TO GALVESTON BAY, TEXAS. 

20 In conducting a feasibility study for shore protection 

21 and related improvements between Sabine Pass and the 

22 entrance to Galveston Bay, Texas, the Secretary may in23 clude any benefits related to the use of State Highway 

24 87 as an emergency evacuation route in the determination 

25 of national economic development benefits of the project. 
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1 SEC. 4024 CHEHALIS RIVER BASIN, WASHINGTON. 

2 The Secretary shall conduct a river basin study for 

3 the Chehalis River basin, Washington, including a study 

4 of the uses of the basin’s water resources to assist users 

5 in developing a fair and equitable distribution of such re6 sources. 

7 SEC. 4025. SPRAGUE, LINCOLN COUNTY, WASHINGTON. 

8 The Secretary may accept from the non-Federal in9 terest to pay all or a part of the non-Federal share of 

10 the cost of feasibility study for the project for flood control 

11 in the vicinity of Sprague, Lincoln County, Washington, 

12 funds made available under any other Federal program 

13 if such use of the funds is permitted under the Federal 

14 program.

15 SEC. 4026. MONONGAHELA RIVER BASIN, NORTHERN WEST 

16 VIRGINIA. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out aquatic ecosystem restoration 

19 and protection projects in the watersheds of the 

20 Monongahela River basin lying within the counties of 

21 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

22 Doddridge, Monongalia, Marion, Harrison, Taylor, 

23 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, 

24 Brooke, and Rithchie, West Virginia, particularly as re25 lated to abandoned mine drainage abatement.
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1 SEC. 4027 WAUWATOSA, WISCONSIN. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction and environmental restoration, Menomonee River 

5 and Underwood Creek, Wauwatosa, Wisconsin. 

6 TITLE V—MISCELLANEOUS 

7 PROVISIONS 

8 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

9 (a) IN GENERAL.—Upon request of a non-Federal in10 terest, the Secretary shall be responsible for maintenance 

11 of the following navigation channels and breakwaters con12 structed or improved by the non-Federal interest if the 

13 Secretary determines that such maintenance is economi14 cally justified and environmentally acceptable and that the 

15 channel or breakwater was constructed in accordance with 

16 applicable permits and appropriate engineering and design 

17 standards: 

18 (1) Pix Bayou navigation channel, Chambers 

19 County, Texas. 

20 (2) Pidgeon Industrial Harbor, Pidgeon Indus21 trial Park, Memphis Harbor, Tennessee. 

22 (3) Racine Harbor, Wisconsin. 

23 (b) COMPLETION OF ASSESSMENT.—Not later than 

24 6 months after the date of receipt of a request from a 

25 non-Federal interest for Federal assumption of mainte26 nance of a channel listed in subsection (a), the Secretary 
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1 shall make a determination as provided in subsection (a) 

2 and advise the non-Federal interest of the Secretary’s de3 termination.

4 (c) SABINE-NECHES WATERWAY, TEXAS.—The Sec5 retary shall remove sunken vessels and debris between 

6 miles 35 and 43 of the Channel to Orange, Sabine-Neches 

7 Waterway, Texas, for the purpose of improving navigation 

8 safety and reducing the risk to the public. 

9 SEC. 5002. WATERSHED MANAGEMENT. 

10 (a) IN GENERAL.—The Secretary may provide tech11 nical, planning, and design assistance to non-Federal in12 terests for carrying out watershed management, restora13 tion, and development projects at the locations described 

14 in subsection (d). 

15 (b) SPECIFIC MEASURES.—Assistance provided 

16 under subsection (a) may be in support of non-Federal 

17 projects for the following purposes: 

18 (1) Management and restoration of water qual19 ity. 

20 (2) Control and remediation of toxic sediments. 

21 (3) Restoration of degraded streams, rivers, 

22 wetlands, and other waterbodies to their natural 

23 condition as a means to control flooding, excessive 

24 erosion, and sedimentation. 
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1 (4) Protection and restoration of watersheds, 

2 including urban watersheds. 

3 (5) Demonstration of technologies for non4 structural measures to reduce destructive impacts of 

5 flooding. 

6 (c) NON-FEDERAL SHARE.—The non-Federal share 

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

8 shall be 50 percent. 

9 (d) PROJECT LOCATIONS.—The locations referred to 

10 in subsection (a) are the following: 

11 (1) Spring Branch watershed, Huntsville, Ala12 bama. 

13 (2) Tuolumne County, California. 

14 (3) Cucamonga basin, Upland, California. 

15 (4) Kinkaid Lake, Jackson County, Illinois. 

16 (5) Those portions of the watersheds of the 

17 Concord, Charles, Blackstone, Neponset, Taunton, 

18 Nashua, Shawsheen, and Merrimack Rivers, Massa19 chusetts, lying within the Interstate Route 495 cor20 ridor. 

21 (6) Jackson Brook watershed, New Jersey. 

22 (7) Those portions of the watersheds of the 

23 Beaver, Upper Ohio, Connoquenessing, Lower Alle24 gheny, Kiskiminetas, Lower Monongahela, 

25 Youghiogheny, Shenango, and Mahoning Rivers 
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1 lying within the counties of Beaver, Butler, Law2 rence, and Mercer, Pennsylvania. 

3 (8) Southampton Creek watershed, South4 ampton, Pennsylvania. 

5 (9) Unami Creek watershed, Milford Township, 

6 Pennsylvania. 

7 (10) Amite River basin, Louisiana. 

8 (11) Iberville Parish, East Atchafalaya River 

9 basin, Louisiana. 

10 (12) Genesee River watershed, New York. 

11 (13) Tonawanda Creek watershed, New York. 

12 (14) Buffalo River watershed, New York. 

13 (15) Eighteenmile Creek watershed, Niagara 

14 County, New York. 

15 (16) Cattaragus Creek watershed, New York. 

16 (17) Oswego River basin, New York. 

17 (18) Red River watershed, Louisiana. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $15,000,000. 

21 SEC. 5003. DAM SAFETY. 

22 (a) ASSISTANCE.—The Secretary may provide assist23 ance to enhance dam safety at the following locations: 

24 (1) Mountain Park Dam, Mountain Park, Geor25 gia. 
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1 (2) Barber Dam, Ada County, Idaho. 

2 (3) Fish Creek Dam, Blaine County, Idaho. 

3 (4) Lost Valley Dam, Adams County, Idaho. 

4 (5) Salmon Falls Dam, Twin Falls County, 

5 Idaho. 

6 (6) Whaley Lake Dam, Pawling, New York. 

7 (7) Lake Carl Blackwell Dam, Stillwater, Okla8 homa. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $6,000,000. 

12 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

13 (a) IN GENERAL.—Upon request of a non-Federal in14 terest, the Secretary shall evaluate the structural integrity 

15 and effectiveness of a project for flood damage reduction 

16 and, if the Secretary determines that the project does not 

17 meet such minimum standards as the Secretary may es18 tablish and, absent action by the Secretary, the project 

19 will fail, the Secretary may take such action as may be 

20 necessary to restore the integrity and effectiveness of the 

21 project. 

22 (b) PRIORITY.—The Secretary shall evaluate under 

23 subsection (a) the following projects: 
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1 (1) Project for flood damage reduction, Arkan2 sas River Levees, river mile 205 to river mile 308.4, 

3 Arkansas. 

4 (2) Project for flood damage reduction, 

5 Marianna Borough, Pennsylvania. 

6 (3) Project for flood damage reduction, 

7 Nonconnah Creek, Tennessee.

8 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

9 Section 212(e) of the Water Resources Development 

10 Act of 1999 (33 U.S.C. 2332(e); 114 Stat. 2599) is 

11 amended—

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

13 (27); 

14 (2) by striking the period at the end of para15 graph (28) and inserting a semicolon; and 

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

17 ‘‘(29) La Crosse County, Wisconsin; 

18 ‘‘(30) Crawford County, Wisconsin; 

19 ‘‘(31) Buffalo County, Wisconsin; 

20 ‘‘(32) Calhoun County, Illinois; 

21 ‘‘(33) Saint Charles County, Missouri; 

22 ‘‘(34) Saint Louis County, Missouri; 

23 ‘‘(35) Dubuque County, Iowa; 

24 ‘‘(36) Scott County, Iowa; 

25 ‘‘(37) Rock Island County, Illinois; 
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1 ‘‘(38) Ascension Parish, Louisiana; 

2 ‘‘(39) East Baton Rouge Parish, Louisiana; 

3 ‘‘(40) Iberville Parish, Louisiana; and 

4 ‘‘(41) Livingston Parish, Louisiana.’’. 

5 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

6 PROJECTS. 

7 Section 219(e) of the Water Resources Development 

8 Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 

9 334) is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (7); 

12 (2) by striking the period at the end of para13 graph (8) and inserting a semicolon; and 

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

15 ‘‘(9) $20,000,000 for the project described in 

16 subsection (c)(20); 

17 ‘‘(10) $20,000,000 for the project described in 

18 subsection (c)(25); 

19 ‘‘(11) $15,000,000 for the project described in 

20 subsection (c)(26); 

21 ‘‘(12) $7,800,000 for the project described in 

22 subsection (c)(27); 

23 ‘‘(13) $18,000,000 for the project described in 

24 subsection (c)(31); and 
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1 ‘‘(14) $30,000,000 for the project described in 

2 subsection (c)(40).’’. 

3 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND 

4 CONSTRUCTION FOR CERTAIN PROJECTS. 

5 The Secretary shall expedite completion of the re6 ports and, if the Secretary determines the project is fea7 sible, shall expedite completion of construction for the fol8 lowing projects: 

9 (1) Welch Point, Elk River, Cecil County, 

10 Maryland, and Chesapeake, Maryland, being carried 

11 out under section 535 of the Water Resources Devel12 opment Act of 1999 (113 Stat. 348–349). 

13 (2) West View Shores, Cecil County, Maryland, 

14 being carried out under section 521 of the Water 

15 Resources Development Act of 2000 (114. Stat. 

16 2655). 

17 (3) Sylvan Beach Breakwater, Verona, Oneida 

18 County, New York, being carried out under section 

19 3 of the Act entitled ‘‘An Act authorizing Federal 

20 participation in the cost of protecting the shores of 

21 publicly owned property’’, approved August 13, 1946 

22 (33 U.S.C. 426g).

23 (4) Fulmer Creek, Village of Mohawk, New 

24 York, being carried out under section 205 of the 

25 Flood Control Act of 1948 (33 U.S.C. 701s). 
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1 (5) Moyer Creek, Village of Frankfort, New 

2 York, being carried out under section 205 of the 

3 Flood Control Act of 1948 (33 U.S.C. 701s). 

4 (6) Steele Creek, Village of Ilion, New York, 

5 being carried out under section 205 of the Flood 

6 Control Act of 1948 (33 U.S.C. 701s). 

7 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER8 TAIN PROJECTS. 

9 The Secretary shall expedite completion of the re10 ports for the following projects and, if the Secretary deter11 mines that a project is justified in the completed report, 

12 proceed directly to project preconstruction, engineering, 

13 and design: 

14 (1) Project for flood damage reduction and eco15 system restoration, Sacramento and San Joaquin 

16 River basins, Hamilton, California. 

17 (2) Project for ecosystem restoration, Univer18 sity Lake, Baton Rouge, Louisiana. 

19 (3) Project for shoreline protection, Detroit 

20 River Greenway Corridor, Detroit, Michigan. 

21 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS22 MENT. 

23 The Secretary may provide assistance to a coordi24 nated effort by Federal, State, and local agencies, non25 Federal and nonprofit entities, regional researchers, and 
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1 other interested parties to assess the water resources and 

2 water resources needs of river basins and watersheds of 

3 the southeastern United States. 

4 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

5 MANAGEMENT PROGRAM. 

6 Section 1103(e)(7)(A) of the Water Resources Devel7 opment Act of 1986 (33 U.S.C. 652(e)(7)(A)) is amended 

8 by adding at the end the following: ‘‘The non-Federal in9 terest may provide the non-Federal share of the cost of 

10 the project in the form of services, materials, supplies, or 

11 other in-kind contributions.’’.

12 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN13 HANCEMENT PROJECT. 

14 Section 514(g) of the Water Resources Development 

15 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

16 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’. 

17 SEC. 5012. MEMBERSHIP OF MISSOURI RIVER TRUST. 

18 Section 904(b)(1)(B) of the Water Resources Devel19 opment Act of 2000 (114 Stat. 2708) is amended—

20 (1) by striking ‘‘and’’ at the end of clause (vii); 

21 (2) by redesignating clause (viii) as clause (ix); 

22 and 

23 (3) by inserting after clause (vii) the following: 

24 ‘‘(viii) rural water systems; and’’. 
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1 SEC. 5014. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION. 

3 Section 506(f)(3)(B) of the Water Resources Devel4 opment Act of 2000 (42 U.S.C. 1962d; 114 Stat. 2646) 

5 is amended by striking ‘‘50 percent’’ and inserting ‘‘100 

6 percent’’. 

7 SEC. 5015. SUSQUEHANNA, DELAWARE, AND POTOMAC 

8 RIVER BASINS. 

9 (a) EX OFFICIO MEMBER.—Notwithstanding section 

10 3001(a) of the 1997 Emergency Supplemental Appropria11 tions Act for Recovery From Natural Disasters, and for 

12 Overseas Peacekeeping Efforts, Including Those in Bosnia 

13 (111 Stat. 176) and section 2.2 of both the Susquehanna 

14 River Basin Compact (Public Law 91–575) and the Dela15 ware River Basin Compact (Public Law 87–328), begin16 ning in fiscal year 2002 and thereafter, the Division Engi17 neer, North Atlantic Division, Corps of Engineers, shall 

18 be the ex officio United States member under the Susque19 hanna River Basin Compact and the Delaware River 

20 Basin Compact, who shall serve without additional com21 pensation and who may designate an alternate member or 

22 members in accordance with the terms of those respective 

23 compacts. 

24 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

25 may allocate funds to the Susquehanna River Basin Com26 mission, Delaware River Basin Commission, and the 
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1 Interstate Commission on the Potomac River Basin (Poto2 mac River Basin Compact (Public Law 91–407)) to fulfill 

3 the equitable funding requirements of their respective 

4 interstate compacts. 

5 (c) WATER SUPPLY AND CONSERVATION STOR6 AGE.—The Secretary shall enter into an agreement with 

7 the Delaware River Basin Commission to provide tem8 porary water supply and conservation storage at the 

9 Francis E. Walter Dam, Pennsylvania, during any period 

10 in which the Commission has determined that a drought 

11 warning or drought emergency exists. The agreement shall 

12 provide that the cost for any such water supply and con13 servation storage shall not exceed the incremental oper14 ating costs associated with providing the storage. 

15 SEC. 5016. CHESAPEAKE BAY ENVIRONMENTAL RESTORA16 TION AND PROTECTION PROGRAM. 

17 Section 510(i) of the Water Resources Development 

18 Act of 1996 (110 Stat. 3761) is amended by striking 

19 ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’. 

20 SEC. 5018. MONTGOMERY, ALABAMA. 

21 The Secretary shall review the navigation and aquatic 

22 ecosystem restoration components of the Montgomery 

23 Riverfront and Downtown Master Plan, Montgomery, Ala24 bama, dated May 2001, and prepared by the non-Federal 

25 interest and, if the Secretary determines that those com-
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1 ponents meet the evaluation and design standards of the 

2 Corps of Engineers and that the components are feasible, 

3 may carry out the components at a Federal cost not to 

4 exceed $5,000,000.

5 SEC. 5019. 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 sec14 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

15 1962d–5b(b)), for any project undertaken under this sec16 tion, a non-Federal interest may include a nonprofit enti17 ty, with the 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 ad21 minister projects under this section at 100 percent Fed22 eral expense.’’.

23 SEC. 5020. AKUTAN SMALL BOAT HARBOR, ALASKA. 

24 (a) IN GENERAL.—The Secretary shall expedite the 

25 study for the Akutan Small Boat Harbor, Alaska, and 
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1 upon completion of the feasibility study, shall design and 

2 construct 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. 5021. 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 

14 in Lowell Canyon are feasible. 

15 SEC. 5022. ST. HERMAN HARBOR, KODIAK, ALASKA. 

16 The Secretary shall carry out, on an emergency basis, 

17 necessary removal of rubble, sediment, and rock that are 

18 impeding the entrance to the St. Herman Harbor, Kodiak, 

19 Alaska, at a Federal cost of $2,000,000.

20 SEC. 5023. AUGUSTA AND CLARENDON, ARKANSAS. 

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

22 perform operation, maintenance, and rehabilitation of au23 thorized and completed levees on the White River between 

24 Augusta and Clarendon, Arkansas. 
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1 (b) REIMBURSEMENT.—After performing the oper2 ation, maintenance, and rehabilitation under subsection 

3 (a), the Secretary shall seek reimbursement from the Sec4 retary of the Interior of an amount equal to the costs allo5 cated to benefits to a Federal wildlife refuge of such oper6 ation, maintenance, and rehabilitation. 

7 SEC. 5024. 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 

12 result 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. 

15 426i). 

16 SEC. 5025. MCCLELLAN-KERR ARKANSAS RIVER NAVIGA17 TION PROJECT, ARKANSAS. 

18 The McClellan-Kerr Arkansas River navigation and 

19 comprehensive development project, Arkansas, authorized 

20 by the Act entitled ‘‘An Act authorizing the construction 

21 of certain public works on rivers and harbors for flood con22 trol, and for other purposes’’, approved June 28, 1938 (52 

23 Stat. 1215), and the first section of the River and Harbor 

24 Act of 1946 (60 Stat. 364) and modified by section 108 

25 of the Energy and Water Development Appropriations 
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1 Act, 1988 (101 Stat. 1329–112), is further modified to 

2 authorize a project depth of 12 feet in the State of Arkan3 sas. 

4 SEC. 5025. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS5 SOURI. 

6 The Secretary shall conduct a study of increased sil7 tation and streambank erosion in the St. Francis River 

8 basin, Arkansas and Missouri, to determine if the siltation 

9 or erosion, or both, are the result of a Federal flood con10 trol project and, if the Secretary determines that the silta11 tion or erosion, or both, are the result of a Federal flood 

12 control project, the Secretary shall carry out a project to 

13 mitigate the siltation or erosion, or both.

14 SEC. 5026. CAMBRIA, CALIFORNIA. 

15 Section 219(f)(48) of the Water Resources Develop16 ment Act of 1992 (114 Stat. 2763A–220) is amended—

17 (1) by striking ‘‘$10,300,000’’ and inserting the 

18 following: 

19 ‘‘(A) IN GENERAL.—$10,300,000’’; 

20 (2) by adding at the end the following: 

21 ‘‘(B) CREDIT.—The Secretary shall credit 

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

23 project not to exceed $3,000,000 for the cost of 

24 planning and design work carried out by the 

25 non-Federal interest before the date of the 
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1 partnership agreement for the project if the 

2 Secretary determines that the work is integral 

3 to the project.’’; and 

4 (3) by aligning the remainder of the text of 

5 subparagraph (A) (as designated by paragraph (1) 

6 of this section) with subparagraph (B) (as added by 

7 paragraph (2) of this section). 

8 SEC. 5027. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

9 Section 219(f)(22) of the Water Resources Develop10 ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336) 

11 is amended—

12 (1) by striking ‘‘$25,000,000’’ and inserting the 

13 following: 

14 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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

16 ‘‘(B) CREDIT.—The Secretary shall credit 

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

18 project (i) the cost of design and construction 

19 work carried out by the non-Federal interest 

20 before the date of the partnership agreement 

21 for the project if the Secretary determines that 

22 the work is integral to the project; and (ii) the 

23 cost of in-kind services and materials provided 

24 for the project by the non-Federal interest. 
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1 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non2 Federal interest may provide any portion of the 

3 non-Federal share of the cost of the project in 

4 the form of services, materials, supplies, or 

5 other in-kind contributions.’’; and 

6 (3) by aligning the remainder of the text of 

7 subparagraph (A) (as designated by paragraph (1) 

8 of this section) with subparagraph (B) (as added by 

9 paragraph (2) of this section).

10 SEC. 5028. SACRAMENTO AREA, CALIFORNIA. 

11 Section 219(f)(23) of the Water Resources Develop12 ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 336) 

13 is amended—

14 (1) by striking ‘‘$25,000,000’’ and inserting 

15 ‘‘$35,000,000’’; and 

16 (2) by inserting ‘‘water supply and’’ before ‘‘re17 gional’’; and 

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

19 ‘‘$llllllll for wastewater and water sup20 ply infrastructure in the counties of Modoc, Lassen, 

21 Plumas, Butte, Sierra, Nevada, El Dorado, and 

22 Placer, California.’’. 

23 SEC. 5029. SAN FRANCISCO, CALIFORNIA. 

24 (a) PIER 70 WHARF 5 REMOVAL AND DREDGING

25 PROJECT.—The Secretary, in cooperation with the Port 
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1 of San Francisco, shall carry out the project for removal 

2 of Wharf 5 and associated pilings and dredgings at Pier 

3 70 in San Francisco, California, substantially in accord4 ance with the Port’s redevelopment plans. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated $1,600,000 to carry out this 

7 section. 

8 SEC. 5030. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

9 AREA. 

10 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB11 LIC INTEREST.—Unless the Secretary finds, after con12 sultation with local and regional public officials (including 

13 local and regional public planning organizations), that the 

14 proposed projects to be undertaken within the boundaries 

15 of the portion of the San Francisco, California, waterfront 

16 area described in subsection (b) are not in the public inter17 est, such portion is declared to be nonnavigable waters of 

18 the United States. 

19 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

20 STREET.—The portion of the San Francisco, California, 

21 waterfront area referred to in subsection (a) is as follows: 

22 Beginning at the intersection of the northwesterly line of 

23 Bryant Street with the southwesterly line of Spear Street, 

24 which intersection lies on the line of jurisdiction of the 

25 San Francisco Port Authority; following thence westerly 
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1 and southerly along said line of jurisdiction as described 

2 in the State of California Harbor and Navigable Code Sec3 tion 1770, as amended in 1961, to its intersection with 

4 the easterly line of Townsend Street produced southerly; 

5 thence northerly along said easterly line of Townsend 

6 Street produced to its intersection with the United States 

7 Government pier-head line; thence following said pier-head 

8 line westerly and northerly to its intersection with the ex9 isting boundary line of Piers 30/32, then northerly and 

10 easterly along the existing boundary of Piers 30/32 until 

11 its intersection with the United States Government pier12 head line, thence following said pier-head line westerly and 

13 northerly to the northwesterly line of Bryant Street pro14 duced northwesterly; thence southwesterly along said 

15 northwesterly line of Bryant Street produced to the point 

16 of beginning. 

17 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

18 declaration of nonnavigability under subsection (a) applies 

19 only to those parts of the area described in subsection (b) 

20 that are or will be bulkheaded, filled, or otherwise occupied 

21 by permanent structures and does not affect the applica22 bility of any Federal statute or regulation applicable to 

23 such parts the day before the date of enactment of this 

24 Act, including sections 9 and 10 of the Act of March 3, 

25 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly 
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1 known as the Rivers and Harbors Appropriation Act of 

2 1899, section 404 of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1344), and the National Environmental 

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

5 (d) EXPIRATION DATE.—If, 20 years from the date 

6 of enactment of this Act, any area or part thereof de7 scribed in subsection (b) is not bulkheaded or filled or oc8 cupied by permanent structures, including marina facili9 ties, in accordance with the requirements set out in sub10 section (c), or if work in connection with any activity per11 mitted in subsection (c) is not commenced within 5 years 

12 after issuance of such permits, then the declaration of 

13 nonnavigability for such area or part thereof shall expire. 

14 SEC. 5031. STOCKTON, CALIFORNIA. 

15 (a) REEVALUATION.—The Secretary shall reevaluate 

16 the feasibility of the Lower Mosher Slough element and 

17 the levee extensions on the Upper Calaveras River element 

18 of the project for flood control, Stockton Metropolitan 

19 Area, California, carried out under section 211(f)(3) of the 

20 Water Resources Development Act of 1996 (110 Stat. 

21 3683), to determine the eligibility of such elements for re22 imbursement under section 211 of such Act (33 U.S.C. 

23 701b–13). 

24 (b) SPECIAL RULES FOR REEVALUATION.—In con25 ducting the reevaluation under subsection (a), the Sec-
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1 retary shall not reject a feasibility determination based on 

2 policies of the Corps of Engineers concerning the fre3 quency of flooding, the drainage area, and the amount of 

4 runoff. 

5 (c) REIMBURSEMENT.—If the Secretary determines 

6 that the elements referred to subsection (a) are feasible, 

7 the Secretary shall reimburse, subject to appropriations, 

8 the non-Federal interest under section 211 of the Water 

9 Resources Development Act of 1996 for the Federal share 

10 of the cost of such elements. 

11 SEC. 5032. EVERGLADES RESTORATION, FLORIDA. 

12 (a) COMPREHENSIVE PLAN.—

13 (1) HILLSBORO AND OKEECHOBEE AQUIFER.—

14 Section 601(b)(2)(A) of the Water Resources Devel15 opment Act of 2000 (114 Stat. 2681) is amended—

16 (A) in clause (i) by adding at the end the 

17 following: ‘‘The project for aquifer storage and 

18 recovery, Hillsboro and Okeechobee Aquifer, 

19 Florida, authorized by section 101(a)(16) of the 

20 Water Resources Development Act of 1999 

21 (113 Stat. 276), shall be treated for purposes 

22 of this section as being in the Plan.’’; and 

23 (B) in clause (iii) by inserting after ‘‘sub24 paragraph (B)’’ the following: ‘‘and the project 
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1 for aquifer storage and recovery, Hillsboro and 

2 Okeechobee Aquifer’’. 

3 (2) OUTREACH AND ASSISTANCE.—Section 

4 601(k) of such Act (114 Stat. 2691–2692) is 

5 amended by adding at the end the following: 

6 ‘‘(3) MAXIMUM EXPENDITURES.—The Sec7 retary may expend up to $3,000,000 per fiscal year 

8 for fiscal years beginning after September 30, 2002, 

9 to carry out this subsection.’’. 

10 (b) CRITICAL RESTORATION PROJECTS.—Section 

11 528(b)(3)(C) of the Water Resources Development Act of 

12 1996 (110 Stat. 3769; 113 Stat. 286) is amended—

13 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

14 all that follows through ‘‘2003’’ and inserting 

15 ‘‘$95,000,000’’; and 

16 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

17 inserting ‘‘$30,000,000’’. 

18 SEC. 5033. LAKE LANIER, GEORGIA 

19 The Secretary may assist local interests with plan20 ning, design, and construction of facilities at the Lake La21 nier Olympic Center, Georgia, in support of the 2003 

22 World Kayaking Championships, at a total cost of 

23 $5,300,000. 
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1 SEC. 5034. RILEY CREEK RECREATION AREA, IDAHO. 

2 The Secretary is authorized to carry out the Riley 

3 Creek Recreation Area Operation Plan of the Albeni Falls 

4 Management Plan, dated October 2001, for the Riley 

5 Creek Recreation Area, Albeni Falls Dam, Bonner Coun6 ty, Idaho. 

7 SEC. 5035. GRAND TOWER DRAINAGE AND LEVEES, GRAND 

8 TOWER TOWNSHIP, ILLINOIS. 

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

10 perform operation and maintenance of authorized and 

11 completed levees on the Mississippi River in Grand Tower 

12 Township, Illinois. 

13 (b) ALLOCATION OF COSTS.—The Secretary shall al14 locate the cost of operation and maintenance performed 

15 under subsection (a) on the basis of whether the lands pro16 tected by the levees are owned by the United States. 

17 (c) NON-FEDERAL COSTS.—If the lands protected by 

18 the levees are not owned by the United States, the cost 

19 of operation and maintenance allocated to protecting such 

20 lands under subsection (b) shall be a non-Federal cost. 

21 (d) FEDERAL COSTS.—If the lands protected by the 

22 levees are owned by the United States, the cost of oper23 ation and maintenance allocated to protecting such lands 

24 under subsection (b) shall be a Federal cost. After per25 forming the operation and maintenance under subsection 

26 (a), the Secretary shall seek reimbursement from the Sec-
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1 retary of the Agriculture of an amount equal to the costs 

2 allocated to protecting lands owned by the Department of 

3 Agriculture. 

4 SEC. 5036. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA5 TION. 

6 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec7 tion, the term ‘‘Kaskaskia River basin’’ means the 

8 Kaskaskia River, Illinois, its backwaters, its side channels, 

9 and all tributaries, including their watersheds, draining 

10 into the Kaskaskia River. 

11 (b) COMPREHENSIVE PLAN.—

12 (1) DEVELOPMENT.—The Secretary shall de13 velop, as expeditiously as practicable, a comprehen14 sive plan for the purpose of restoring, preserving, 

15 and protecting the Kaskaskia River basin. 

16 (2) TECHNOLOGIES AND INNOVATIVE AP17 PROACHES.—The comprehensive plan shall provide 

18 for the development of new technologies and innova19 tive approaches—

20 (A) to enhance the Kaskaskia River as a 

21 transportation corridor; 

22 (B) to improve water quality within the en23 tire Kaskaskia River basin; 

24 (C) to restore, enhance, and preserve habi25 tat for plants and wildlife; 
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1 (D) to increase economic opportunity for 

2 agriculture and business communities; and 

3 (E) to reduce the impacts of flooding to 

4 communities and landowners.

5 (3) SPECIFIC COMPONENTS.—The comprehen6 sive plan shall include such features as are necessary 

7 to provide for—

8 (A) the development and implementation of 

9 a program for sediment removal technology, 

10 sediment characterization, sediment transport, 

11 and beneficial uses of sediment; 

12 (B) the development and implementation 

13 of a program for the planning, conservation, 

14 evaluation, and construction of measures for 

15 fish and wildlife habitat conservation and reha16 bilitation, and stabilization and enhancement of 

17 land and water resources in the basin; 

18 (C) the development and implementation of 

19 a long-term resource monitoring program; 

20 (D) the development and implementation 

21 of a computerized inventory and analysis sys22 tem; and 

23 (E) the development and implementation 

24 of a systemic plan to reduce flood impacts by 

25 means of ecosystem restoration projects. 
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1 (4) CONSULTATION.—The comprehensive plan 

2 shall be developed by the Secretary in consultation 

3 with appropriate Federal agencies, the State of Illi4 nois, and the Kaskaskia River Coordinating Council. 

5 (5) REPORT TO CONGRESS.—Not later than 2 

6 years after the date of enactment of this Act, the 

7 Secretary shall transmit to Congress a report con8 taining the comprehensive plan. 

9 (6) ADDITIONAL STUDIES AND ANALYSES.—

10 After transmission of a report under paragraph (5), 

11 the Secretary shall conduct studies and analyses of 

12 projects related to the comprehensive plan that are 

13 appropriate and consistent with this subsection. 

14 (c) GENERAL PROVISIONS.—

15 (1) WATER QUALITY.—In carrying out activi16 ties under this section, the Secretary’s recommenda17 tions shall be consistent with applicable State water 

18 quality standards. 

19 (2) PUBLIC PARTICIPATION.—In developing the 

20 comprehensive plan under subsection (b), the Sec21 retary shall implement procedures to facilitate public 

22 participation, including providing advance notice of 

23 meetings, providing adequate opportunity for public 

24 input and comment, maintaining appropriate 
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1 records, and making a record of the proceedings of 

2 meetings available for public inspection. 

3 (d) COORDINATION.—The Secretary shall integrate 

4 activities carried out under this section with ongoing Fed5 eral and State programs, projects, and activities, including 

6 the following: 

7 (1) Farm programs of the Department of Agri8 culture. 

9 (2) Conservation Reserve Enhancement Pro10 gram (State of Illinois) and Conservation 2000 Eco11 system Program of the Illinois Department of Nat12 ural Resources. 

13 (3) Conservation 2000 Conservation Practices 

14 Program and the Livestock Management Facilities 

15 Act administered by the Illinois Department of Agri16 culture. 

17 (4) National Buffer Initiative of the Natural 

18 Resources Conservation Service. 

19 (5) Nonpoint source grant program adminis20 tered by the Illinois Environmental Protection Agen21 cy. 

22 (e) COST SHARING.—

23 (1) IN GENERAL.—The non-Federal share of 

24 the cost of activities carried out under this section 

25 shall be 35 percent. 
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1 (2) IN-KIND SERVICES.—The Secretary may 

2 credit the cost of in-kind services provided by the 

3 non-Federal interest for an activity carried out 

4 under this section toward not more than 80 percent 

5 of the non-Federal share of the cost of the activity. 

6 In-kind services shall include all State funds ex7 pended on programs that accomplish the goals of 

8 this section, as determined by the Secretary. The 

9 programs may include the Kaskaskia River Con10 servation Reserve Program, the Illinois Conservation 

11 2000 Program, the Open Lands Trust Fund, and 

12 other appropriate programs carried out in the 

13 Kaskaskia River basin. 

14 SEC. 5037. NATALIE CREEK, MIDLOTHIAN AND OAK FOR15 EST, ILLINOIS. 

16 The Secretary shall carry out a project for flood dam17 age reduction under section 205 of the Flood Control Act 

18 of 1948 (33 U.S.C. 701s) Natalie Creek, Midlothian and 

19 Oak Forest, Illinois, if the Secretary determines that the 

20 project is feasible. 

21 SEC. 5038. ILLINOIS RIVER BASIN RESTORATION. 

22 Section 519(c)(2) of the Water Resources Develop23 ment Act of 2000 (114 Stat. 2654) is amended by striking 

24 ‘‘2004’’ and inserting ‘‘2010’’.
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1 SEC. 5039. CALUMET REGION, INDIANA. 

2 Section 219(f)(12) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 335) is amended—

4 (1) by striking ‘‘$10,000,000’’ and inserting 

5 ‘‘$30,000,000’’; and 

6 (2) by striking ‘‘Lake and Porter’’ and insert7 ing ‘‘Benton, Jasper, Lake, Newton, and Porter’’.

8 SEC. 5040. RATHBUN LAKE, IOWA. 

9 (a) CONVEYANCE.—The Secretary shall convey the 

10 remaining water supply storage allocation in Rathbun 

11 Lake, Iowa, to the Rathbun Regional Water Association 

12 (in this section referred to as the ‘‘Water Association’’). 

13 (b) COST SHARING.—Notwithstanding the Water 

14 Supply Act of 1958 (43 U.S.C. 390b), the Water Associa15 tion shall pay 100 percent of the cost of the water supply 

16 storage allocation to be conveyed under subsection (a). 

17 The Secretary shall credit toward such non-Federal share 

18 the cost of any structures and facilities constructed by the 

19 Water Association at the project. 

20 (c) TERMS AND CONDITIONS.—Before conveying the 

21 water supply storage allocation under subsection (a), the 

22 Secretary shall enter into an agreement with the Water 

23 Association under which the Water Association shall agree 

24 to—

25 (1) in accordance with designs approved by the 

26 Chief of Engineers, construct structures and facili-
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1 ties referred to in subsection (b) that have a value 

2 equal to or greater than the amount that otherwise 

3 would be paid to the Federal Government for the 

4 costs of the water supply storage under the Water 

5 Supply Act of 1958 (43 U.S.C. 390b); 

6 (2) be responsible for operating and maintain7 ing the structures and facilities; 

8 (3) pay all operation and maintenance costs al9 located to the water supply storage space; 

10 (4) use any revenues generated at the struc11 tures and facilities that are above those required to 

12 operate and maintain or improve the complex to un13 dertake, subject to the approval of the Chief of En14 gineers, activities that will improve the quality of the 

15 environment in the Rathbun Lake watershed area; 

16 and 

17 (5) such other terms and conditions as the Sec18 retary considers necessary to protect the interests of 

19 the United States. 

20 SEC. 5041. MAYFIELD CREEK AND TRIBUTARIES, KEN21 TUCKY. 

22 The Secretary shall conduct a study of flood damage 

23 along Mayfield Creek and tributaries between Wickliffe 

24 and Mayfield, Kentucky, to determine if the damage is the 

25 result of a Federal flood damage reduction project, and, 
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1 if the Secretary determines that the damage is the result 

2 of a Federal flood damage reduction project, the Secretary 

3 shall carry out a project to mitigate the damage at Federal 

4 expense. 

5 SEC. 5042. SOUTHERN AND EASTERN KENTUCKY. 

6 (a) CORPS OF ENGINEERS EXPENSES.—Section 531 

7 of the Water Resources Development Act of 1996 (110 

8 Stat. 3774; 113 Stat. 348; 117 Stat. 142) is amended by 

9 adding the following: 

10 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

11 of the amounts appropriated to carry out this section for 

12 fiscal years 2004 and thereafter may be used by the Corps 

13 of Engineers district offices to administer projects under 

14 this section at 100 percent Federal expense.’’. 

15 SEC. 5043. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

16 AND RESTORATION. 

17 (a) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 (1) COASTAL LOUISIANA ECOSYSTEM.—The 

20 term ‘‘Coastal Louisiana Ecosystem’’ means the 

21 coastal area of Louisiana from the Sabine River on 

22 the west to the Pearl River on the east and includes 

23 tidal waters, barrier islands, marshes, coastal wet24 lands, rivers and streams, and adjacent areas. 
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1 (2) GOVERNOR.—The term ‘‘Governor’’ means 

2 the Governor of Louisiana. 

3 (3) TASK FORCE.—The term ‘‘Task Force’’ 

4 means the Coastal Louisiana Ecosystem Protection 

5 and Restoration Task Force established by sub6 section (e). 

7 (b) COMPREHENSIVE PLAN.—

8 (1) IN GENERAL.—The Secretary shall develop 

9 a comprehensive plan for the purpose of protecting, 

10 preserving, and restoring the Coastal Louisiana Eco11 system. The comprehensive plan shall provide for the 

12 protection, conservation and restoration of the wet13 lands, barrier islands, shorelines, and related lands 

14 and features that protect critical resources, habitat, 

15 and infrastructure from the impacts of coastal 

16 storms, hurricanes, erosion, and subsidence. 

17 (2) DEADLINE.—Not later than July 1, 2004, 

18 the Secretary shall transmit the plan to Congress. 

19 (3) CONTENTS.—The plan shall include a com20 prehensive report and a programmatic environmental 

21 impact statement covering the proposed Federal ac22 tion set forth in the plan. 

23 (4) ADDITIONAL STUDIES AND ANALYSES.—

24 After transmission of a report under this subsection, 

25 the Secretary may conduct studies and analyses of 
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1 projects related to the comprehensive plan that are 

2 appropriate and consistent with this subsection. 

3 (c) INTEGRATION OF OTHER ACTIVITIES.—

4 (1) IN GENERAL.—In developing the plan under 

5 subsection (b), the Secretary shall integrate ongoing 

6 Federal and State projects and activities, including 

7 projects implemented under the Coastal Wetlands 

8 Planning, Protection and Restoration Act (16 

9 U.S.C. 3951 et seq.), the Louisiana Coastal Wet10 lands Conservation Plan, the Louisiana Coastal 

11 Zone Management Plan, and the plan of the State 

12 of Louisiana entitled ‘‘Coast 2050: Toward a Sus13 tainable Coastal Louisiana’’. 

14 (2) STATUTORY CONSTRUCTION.—

15 (A) EXISTING AUTHORITY.—Except as 

16 otherwise expressly provided for in this section, 

17 nothing in the section affects any authority in 

18 effect on the date of enactment of this Act, or 

19 any requirement relating to the participation in 

20 protection or restoration activities in the Coast21 al Louisiana Ecosystem, including projects and 

22 activities specified in paragraph (1) of—

23 (i) the Department of the Army; 

24 (ii) the Department of the Interior; 

25 (iii) the Department of Commerce; 
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1 (iv) the Environmental Protection 

2 Agency; 

3 (v) the Department of Agriculture; 

4 (vi) the Department of Transpor5 tation; 

6 (vii) the Department of Energy; and 

7 (viii) the State of Louisiana. 

8 (B) NEW AUTHORITY.—Nothing in this 

9 section confers any new regulatory authority on 

10 any Federal or non-Federal entity that carries 

11 out any activity authorized by this section. 

12 (d) COST SHARING.—The non-Federal share of the 

13 cost of developing the plan under subsection (b) shall be 

14 50 percent. 

15 (e) COASTAL LOUISIANA ECOSYSTEM PROTECTION

16 AND RESTORATION TASK FORCE.—

17 (1) ESTABLISHMENT AND MEMBERSHIP.—

18 There is established the Coastal Louisiana Eco19 system Protection and Restoration Task Force, 

20 which shall consist of the following members (or, in 

21 the case of the head of a Federal Agency, a designee 

22 at the level of Assistant Secretary or an equivalent 

23 level): 

24 (A) The Secretary. 

25 (B) The Secretary of the Interior. 
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1 (C) The Secretary of Commerce. 

2 (D) The Administrator of the Environ3 mental Protection Agency. 

4 (E) The Secretary of Agriculture. 

5 (F) The Secretary of Transportation. 

6 (G) The Secretary of Energy. 

7 (H) The Coastal Advisor to the Governor. 

8 (I) The Secretary of the Louisiana Depart9 ment of Natural Resources. 

10 (J) A representative of the Governor’s Ad11 visory Commission on Coastal Restoration and 

12 Conservation, Louisiana. 

13 (2) DUTIES OF TASK FORCE.—The Task 

14 Force—

15 (A) shall consult with, and provide rec16 ommendations to, the Secretary during develop17 ment of the comprehensive plan under sub18 section (b)(1); 

19 (B) shall coordinate the development of 

20 consistent policies, strategies, plans, programs, 

21 projects, activities, and priorities for addressing 

22 the protection, conservation, and restoration of 

23 the Coastal Louisiana Ecosystem; 

24 (C) shall exchange information regarding 

25 programs, projects, and activities of the agen-
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1 cies and entities represented on the Task Force 

2 to promote ecosystem protection, restoration, 

3 and maintenance; 

4 (D) shall establish a regional working 

5 group which shall include representatives of the 

6 agencies and entities represented on the Task 

7 Force as well as other governmental entities as 

8 appropriate for the purpose of formulating, rec9 ommending, coordinating, and implementing 

10 policies, strategies, plans, programs, projects, 

11 activities, and priorities of the Task Force; 

12 (E) may allow the working group described 

13 in subparagraph (D) to—

14 (i) establish such advisory bodies as 

15 are necessary to assist the Task Force in 

16 its duties; and 

17 (ii) select as an advisory body any en18 tity that represents a broad variety of pri19 vate and public interests; 

20 (F) shall facilitate the resolution of inter21 agency and intergovernmental conflicts associ22 ated with the protection, conservation, and res23 toration of the Coastal Louisiana Ecosystem; 
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1 (G) shall coordinate scientific research as2 sociated with the protection and restoration of 

3 the Coastal Louisiana Ecosystem; 

4 (H) shall provide assistance and support to 

5 agencies and entities represented on the Task 

6 Force in their protection and restoration activi7 ties; 

8 (I) shall prepare an integrated financial 

9 plan and recommendations for coordinated 

10 budget requests for the funds proposed to be 

11 expended by agencies and entities represented 

12 on the Task Force for the protection, conserva13 tion, and restoration of the Coastal Louisiana 

14 Ecosystem; and 

15 (J) shall transmit to the Committee on 

16 Transportation and Infrastructure of the House 

17 of Representatives and the Committee on Envi18 ronment and Public Works of the Senate a re19 port that summarizes the activities of the Task 

20 Force. 

21 (3) PROCEDURES AND ADVICE.—

22 (A) PUBLIC PARTICIPATION.—

23 (i) IN GENERAL.—The Task Force 

24 shall implement procedures to facilitate 

25 public participation in the advisory proc-
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1 ess, including providing advance notice of 

2 meetings, providing adequate opportunity 

3 for public input and comment, maintaining 

4 appropriate records, and making a record 

5 of proceedings of meetings available for 

6 public inspection. 

7 (ii) OVERSIGHT.—The Secretary shall 

8 ensure that the procedures described in 

9 clause (i) are adopted and implemented 

10 and that the records described in clause (i) 

11 are accurately maintained and available for 

12 public inspection. 

13 (B) ADVISORS TO THE TASK FORCE AND

14 WORKING GROUPS.—The Task Force or the 

15 working group described in paragraph (2)(D) 

16 may seek such advice and input from any inter17 ested, knowledgeable, or affected party as the 

18 Task Force or working group determines to be 

19 necessary to perform the duties described in 

20 paragraph (2). 

21 (C) APPLICATION OF THE FEDERAL ADVI22 SORY COMMITTEE ACT.—The Task Force, advi23 sors to the Task Force, and any associated 

24 workgroups shall not be considered advisory 
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1 committees under the Federal Advisory Com2 mittee Act (5 U.S.C. App). 

3 (4) COMPENSATION.—A member of the Task 

4 Force shall receive no additional compensation for 

5 the services provided as a member of the Task 

6 Force. 

7 (5) TRAVEL EXPENSES.—Travel expenses in8 curred by a member of the Task Force in the per9 formance of services for the Task Force shall be 

10 paid by the agency or entity that the member rep11 resents. 

12 SEC. 5044. BATON ROUGE, LOUISIANA. 

13 Section 219(f)(21) of the Water Resources Develop14 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 

15 is amended by striking ‘‘$20,000,000’’ and inserting 

16 ‘‘$35,000,000’’. 

17 SEC. 5045. WEST BATON ROUGE PARISH, LOUISIANA. 

18 Section 517(5) of the Water Resources Development 

19 Act of 1999 (113 Stat. 345) is amended to read as follows: 

20 ‘‘(5) Mississippi River, West Baton Rouge Par21 ish, Louisiana, project for waterfront and riverine 

22 preservation, restoration, enhancement modifica23 tions, and interpretive center development.’’. 
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1 SEC. 5046. CHESAPEAKE BAY SHORELINE, MARYLAND, VIR2 GINIA, PENNSYLVANIA, AND DELAWARE. 

3 (a) IN GENERAL.—In carrying out comprehensive 

4 study of the feasibility of a project to address shoreline 

5 erosion and related sediment management measures to 

6 protect water and land resources of the Chesapeake Bay, 

7 the Secretary may carry out pilot projects to demonstrate 

8 the feasibility of alternative measures to address sediment 

9 loads to the Chesapeake Bay from sediment behind dams 

10 on the lower Susquehanna River. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated $5,000,000 to carry out this 

13 section.

14 SEC. 5047. DELMARVA CONSERVATION CORRIDOR, MARY15 LAND. 

16 (a) ASSISTANCE.—The Secretary may provide tech17 nical assistance to the Secretary of Agriculture in carrying 

18 out the Conservation Corridor Demonstration Program 

19 authorized under subtitle G of title II of Public Law 107–

20 171 (116 Stat. 275–278). 

21 (b) COORDINATION AND INTEGRATION.—In carrying 

22 out water resources projects in the State of Maryland on 

23 land located on the east side of the Chesapeake Bay, the 

24 Secretary shall coordinate and integrate, to the extent 

25 practicable, such projects with any activities undertaken 

26 to implement a conservation corridor plan approved by the 
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1 Secretary of Agriculture under section 2602 of Public Law 

2 107–171 (116 Stat. 275–276). 

3 SEC. 5048. DETROIT RIVER, MICHIGAN. 

4 Section 568(c)(2) of the Water Resources Develop5 ment Act of 1999 (113 Stat. 368) is amended by striking 

6 ‘‘$1,000,000’’ and inserting ‘‘$25,000,000’’. 

7 SEC. 5049. OAKLAND COUNTY, MICHIGAN. 

8 Section 219(f)(29) of the Water Resources Develop9 ment Act of 1992 (113 Stat. 336) is amended by inserting 

10 ‘‘sanitary sewer overflows and’’ before ‘‘combined sewer 

11 overflows’’. 

12 SEC. 5050. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI13 GAN. 

14 The Secretary shall carry out feasible aquatic eco15 system restoration projects identified in the comprehensive 

16 management plan for St. Clair River and Lake St. Clair, 

17 Michigan, developed under section 426 of the Water Re18 sources Development Act of 1999 (113 Stat. 326), at a 

19 total Federal cost of not to exceed $5,000,000. 

20 SEC. 5051. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

21 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of 

22 the Water Resources Development Act of 1992 (114 Stat. 

23 2763A–221) is amended by adding at the end the fol24 lowing: ‘‘Such assistance shall be provided directly to the 
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1 Garrison-Kathio-West Mille Lacs Lake Sanitary District, 

2 Minnesota.’’. 

3 (b) PROCEDURE.—In carrying out the project for 

4 Garrison and Kathio Township, Minnesota, authorized by 

5 such section 219(f)(61), the Secretary may use the cost 

6 sharing and contracting procedure available to the Sec7 retary under section 569 of the Water Resources Develop8 ment Act of 1999 (113 Stat. 368). 

9 SEC. 5052. NORTHEASTERN MINNESOTA. 

10 (a) IN GENERAL.—Section 569 of the Water Re11 sources Development Act of 1999 (113 Stat. 368) is 

12 amended—

13 (1) in subsection (a) by striking ‘‘Benton, 

14 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

15 Wadena,’’; 

16 (2) by striking the last sentence of subsection 

17 (e)(3)(B); 

18 (3) by striking subsection (g) and inserting the 

19 following: 

20 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec21 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

22 1962d–5b(b)), for any project undertaken under this sec23 tion, a non-Federal interest may include a nonprofit enti24 ty.’’; and 

25 (4) by adding at the end the following: 
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1 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

2 of the amounts appropriated to carry out this section may 

3 be used by the Corps of Engineers district offices to ad4 minister projects under this section at 100 percent Fed5 eral expense.’’. 

6 (b) BIWABIK, MINNESOTA.—The Secretary shall re7 imburse the non-Federal interest for the project for envi8 ronmental infrastructure, Biwabik, Minnesota, carried out 

9 under section 569 of the Water Resources Development 

10 Act of 1999 (113 Stat. 368–369), for planning, design, 

11 and construction costs incurred by the non-Federal inter12 est with respect to the project before the date of the part13 nership agreement for the project and were in excess of 

14 the non-Federal share of the project costs if the Secretary 

15 determines that the costs are appropriate. 

16 SEC. 5053. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS. 

17 As a part of the operation and maintenance of the 

18 project for the Mississippi River (Regulating Works), be19 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

20 authorized by the first section of an Act entitled ‘‘Making 

21 appropriations for the construction, repair, and preserva22 tion of certain public works on rivers and harbors, and 

23 for other purposes’’, approved June 25, 1910, the Sec24 retary may carry out activities necessary to restore and 

25 protect fish and wildlife habitat in the middle Mississippi 
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1 River system. Such activities may include modification of 

2 navigation training structures, modification and creation 

3 of side channels, modification and creation of islands, and 

4 studies and analysis necessary to apply adaptive manage5 ment principles in design of future work.

6 SEC. 5054. ST. LOUIS, MISSOURI. 

7 Section 219(f)(32) of the Water Resources Develop8 ment Act of 1992 (106 Stat. 4835–4836; 113 Stat. 337) 

9 is amended by striking ‘‘$15,000,000’’ and inserting 

10 ‘‘$35,000,000’’. 

11 SEC. 5055. HACKENSACK MEADOWLANDS AREA, NEW JER12 SEY. 

13 Section 324 of the Water Resources Development Act 

14 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended—

15 (1) in subsection (a) by striking ‘‘Hackensack 

16 Meadowlands Development’’ and all that follows 

17 through ‘‘Plan for’’ and inserting ‘‘New Jersey 

18 Meadowlands Commission for the development of an 

19 environmental improvement program for’’; 

20 (2) in subsection (b)—

21 (A) in the subsection heading by striking 

22 ‘‘REQUIRED’’; 

23 (B) by striking ‘‘shall’’ and inserting 

24 ‘‘may’’; and 
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1 (C) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) Enhancement and acquisition of signifi4 cant wetlands that contribute to the Meadowlands 

5 ecosystem.’’; 

6 (3) in subsection (c) by inserting before the last 

7 sentence the following: ‘‘The non-Federal sponsor 

8 may also provide in-kind services, not to exceed 25 

9 percent of the total project cost, and may also re10 ceive credit for reasonable cost of design work com11 pleted prior to entering into the partnership agree12 ment with the Secretary for a project to be carried 

13 out under the program developed under subsection 

14 (a).’’; and 

15 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

16 and inserting ‘‘$35,000,000’’. 

17 SEC. 5056. ATLANTIC COAST OF NEW YORK. 

18 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

19 the Water Resources Development Act of 1992 (106 Stat. 

20 4863) is amended—

21 (1) by striking ‘‘processes’’ and inserting ‘‘and 

22 related environmental processes’’;

23 (2) by inserting after ‘‘Atlantic Coast’’ the fol24 lowing: ‘‘(and associated back bays)’’; 
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1 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

2 environmental restoration or conservation measures 

3 for coastal and back bays,’’; and 

4 (4) by inserting at the end the following: ‘‘The 

5 plan for collecting data and monitoring information 

6 included in such annual report shall be fully coordi7 nated with and agreed to by appropriate agencies of 

8 the State of New York.’’. 

9 (b) ANNUAL REPORTS.—Section 404(b) of such Act 

10 is amended—

11 (1) by striking ‘‘INITIAL PLAN.—Not later than 

12 12 months after the date of enactment of this Act, 

13 the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 

14 (2) by striking ‘‘initial plan for data collection 

15 and monitoring’’ and inserting ‘‘annual report of 

16 data collection and monitoring activities’’; and 

17 (3) by striking the last sentence. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 404(c) of such Act (113 Stat. 341) is amended by striking 

20 ‘‘and an additional total of $2,500,000 for fiscal years 

21 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 

22 2000 through 2002, and $17,000,000 for fiscal years be23 ginning after September 30, 2002,’’. 
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1 SEC. 5057. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

2 In carrying out section 312 of the Water Resources 

3 Development Act of 1990 (104 Stat. 4639–4640), the Sec4 retary shall give priority to work in College Point, New 

5 York City, New York. 

6 SEC. 5058. FLUSHING BAY AND CREEK, NEW YORK CITY, 

7 NEW YORK. 

8 The Secretary shall credit toward the non-Federal 

9 share of the cost of the project for ecosystem restoration, 

10 Flushing Bay and Creek, New York City, New York, the 

11 cost of design and construction work carried out by the 

12 non-Federal interest before the date of the partnership 

13 agreement for the project if the Secretary determines that 

14 the work is integral to the project. 

15 SEC. 5059. LITTLE NECK BAY, VILLAGE OF KINGS POINT, 

16 NEW YORK. 

17 (a) IN GENERAL.—The Secretary may carry out a 

18 navigation project at Little Neck Bay (Hague Basin), Vil19 lage of Kings Point, New York, sufficient to permit the 

20 safe operation of the vessel T/V Kings Pointer at all tide 

21 levels. 

22 (b) REIMBURSEMENT.—The Secretary shall seek re23 imbursement from the United States Merchant Marine 

24 Academy for the cost of the project carried out under this 

25 section. 
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1 SEC. 5060. STANLEY COUNTY, NORTH CAROLINA. 

2 Section 219(f)(64) of the Water Resources Develop3 ment Act of 1992 (114 Stat. 2763A–221) is amended by 

4 inserting ‘‘water and’’ before ‘‘wastewater’’.

5 SEC. 5061. PIEDMONT LAKE DAM, OHIO. 

6 In reconstructing the road on the Piedmont Lake 

7 Dam as part of the project for dam safety assurance, Pied8 mont Lake Dam, Ohio, being carried out under section 

9 4 of the Flood Control Act of August 11, 1939 (53 Stat. 

10 1414–1415), the Secretary shall upgrade the condition of 

11 the road to meet standards applicable to public use roads 

12 in the State of Ohio. The incremental cost of upgrading 

13 the road to meet such standards shall be a non-Federal 

14 expense. 

15 SEC. 5062. WAURIKA LAKE, OKLAHOMA. 

16 The remaining obligation of the Waurika Project 

17 Master Conservancy District payable to the United States 

18 Government in the amounts, rates of interest, and pay19 ment schedules is set at the amounts, rates of interest, 

20 and payment schedules that existed, and that both parties 

21 agreed to, on June 3, 1986, and may not be adjusted, 

22 altered, or changed without a specific, separate, and writ23 ten agreement between the District and the United States 

24 Government. 
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1 SEC. 5063. COLUMBIA RIVER, OREGON. 

2 Section 401(b)(3) of Public Law 100–581 (102 Stat. 

3 2944), is amended by inserting ‘‘and Celilo Village, Or4 egon’’ after ‘‘existing sites’’. 

5 SEC. 5064. EUGENE, OREGON. 

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

7 study to determine the feasibility of restoring the millrace 

8 in Eugene, Oregon, and, if the Secretary determines that 

9 the restoration is feasible, shall carry out the restoration. 

10 (b) CONSIDERATION OF NON-ECONOMIC BENE11 FITS.—In determining the feasibility of restoring the mill12 race, the Secretary shall include non-economic benefits as13 sociated with the historical significance of the millrace and 

14 associated with preservation and enhancement of re15 sources. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $20,000,000. 

19 SEC. 5065. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR20 EGON AND WASHINGTON. 

21 (a) IN GENERAL.—The Secretary shall pay up to 

22 $2,500,000 to the provider of research and curation sup23 port previously provided to the Federal Government as a 

24 result of the multi-purpose project, John Day Lock and 

25 Dam, Lake Umatilla, Oregon and Washington, authorized 

26 by section 101 of the River and Harbor Act of 1950 (64 
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1 Stat. 167), and the several navigation and flood damage 

2 reduction projects constructed on the Columbia River and 

3 Lower Willamette River, Oregon and Washington. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $2,500,000.

7 SEC. 5066. LOWELL, OREGON. 

8 (a) IN GENERAL.—The Secretary may convey with9 out consideration to Lowell School District, by quitclaim 

10 deed, all right, title and interest of the United States in 

11 and to approximately 3.32 acres of land and buildings 

12 thereon, known as Tract A–82, located in Lowell, Oregon, 

13 and described in subsection (b). 

14 (b) DESCRIPTION OF PROPERTY.—The parcel of land 

15 authorized to be conveyed under subsection (a) is as fol16 lows: Commencing at the point of intersection of the west 

17 line of Pioneer Street with the westerly extension of the 

18 north line of Summit Street, in Meadows Addition to Low19 ell, as platted and recorded at page 56 of Volume 4, Lane 

20 County Oregon Plat Records; thence north on the west 

21 line of Pioneer Street a distance of 176.0 feet to the true 

22 point of beginning of this description; thence north on the 

23 west line of Pioneer Street a distance of 170.0 feet; thence 

24 west at right angles to the west line of Pioneer Street a 

25 distance of 250.0 feet; thence south and parallel to the 
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1 west line of Pioneer Street a distance of 170.0 feet; thence 

2 east 250.0 feet to the true point of beginning of this de3 scription in Section 14, Township 19 South, Range 1 West 

4 of the Willamette Meridian, Lane County, Oregon. 

5 (c) TERMS AND CONDITIONS.—Before conveying the 

6 parcel to the school district, the Secretary shall ensure 

7 that the conditions of buildings and facilities meet the re8 quirements of applicable Federal law. 

9 (d) GENERALLY APPLICABLE PROVISIONS.—

10 (1) APPLICABILITY OF PROPERTY SCREENING

11 PROVISIONS.—Section 2696 of title 10, United 

12 States Code, shall not apply to any conveyance 

13 under this section. 

14 (2) LIABILITY.—An entity to which a convey15 ance is made under this section shall hold the 

16 United States harmless from any liability with re17 spect to activities carried out, on or after the date 

18 of the conveyance, on the real property conveyed. 

19 The United States shall remain responsible for any 

20 liability with respect to activities carried out, before 

21 such date, on the real property conveyed.

22 SEC. 5067. HAGERMAN’S RUN, WILLIAMSPORT, PENNSYL23 VANIA. 

24 The Secretary may rehabilitate the pumps at the 

25 project for flood damage reduction, Hagerman’s Run, Wil-
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1 liamsport, Pennsylvania, at a total Federal cost of 

2 $225,000. 

3 SEC. 5068. NORTHEAST PENNSYLVANIA. 

4 Section 219(f)(11) of the Water Resources Develop5 ment Act of 1992 (113 Stat. 335) is amended by striking 

6 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union, 

7 Snyder, and Montour’’. 

8 SEC. 5069. SUSQUEHANNOCK CAMPGROUND ACCESS ROAD, 

9 RAYSTOWN LAKE, PENNSYLVANIA. 

10 (a) IMPROVEMENT OF ACCESS ROAD.—The Sec11 retary may make improvements to the Susquehannock 

12 Campground access road at Raystown Lake, Pennsyl13 vania. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $500,000. 

17 SEC. 5070. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL18 VANIA AND NEW YORK. 

19 Section 567 of the Water Resources Development Act 

20 of 1996 (114 Stat. 2662–2663; 110 Stat. 3787–3788) is 

21 amended—

22 (1) in subsection (a)(2) by striking 

23 ‘‘$10,000,000.’’ and inserting the following: 

24 ‘‘$20,000,000, of which the Secretary may utilize 

25 not more than $5,000,000 to design and construct 
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1 feasible pilot projects during the development of the 

2 strategy to demonstrate alternative approaches for 

3 the strategy. The total cost for any single pilot 

4 project may not exceed $500,000. The Secretary 

5 shall evaluate the results of the pilot projects and 

6 consider the results in the development of the strat7 egy.’’. 

8 (2) in subsection (c)—

9 (A) in the subsection heading by striking 

10 ‘‘COOPERATION’’ and inserting ‘‘COOPERA11 TIVE’’; and 

12 (B) by striking ‘‘cooperation’’ and insert13 ing ‘‘cooperative’’; and 

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

15 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

16 non-Federal share of the cost of the project (i) the cost 

17 of design and construction work carried out by the non18 Federal interest before the date of the partnership agree19 ment for the project if the Secretary determines that the 

20 work is integral to the project; and (ii) the cost of in-kind 

21 services and materials provided for the project by the non22 Federal interest.’’. 
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1 SEC. 5071. WASHINGTON, GREENE, WESTMORELAND, AND 

2 FAYETTE COUNTIES, PENNSYLVANIA. 

3 Section 219(f)(70) of the Water Resources Develop4 ment Act of 1992 (114 Stat. 2763A–221) is amended by 

5 striking ‘‘$8,000,000’’ and inserting ‘‘$13,300,000’’. 

6 SEC. 5072. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

7 The Secretary shall review a report prepared by the 

8 non-Federal interest concerning flood protection and envi9 ronmental restoration for Cano Martin Pena, San Juan, 

10 Puerto Rico, and, if the Secretary determines that the re11 port meets the evaluation and design standards of the 

12 Corps of Engineers and that the project is feasible, may 

13 carry out the project, at a total cost of $130,000,000, with 

14 an estimated Federal cost of $85,000,000 and an esti15 mated non-Federal cost of $45,000,000. 

16 SEC. 5073. LAKES MARION AND MOULTRIE, SOUTH CARO17 LINA. 

18 Section 219(f)(25) of the Water Resources Develop19 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 

20 is amended—

21 (1) by striking ‘‘$15,000,000’’ and inserting 

22 ‘‘$35,000,0000’’; and 

23 (2) by inserting ‘‘wastewater treatment and’’ 

24 before ‘‘water supply’’.
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1 SEC. 5074. UPPER BIG SIOUX RIVER, WATERTOWN, SOUTH 

2 DAKOTA. 

3 (a) IN GENERAL.—The Secretary shall review the 

4 project for flood damage reduction, Upper Big Sioux River 

5 basin, Watertown, South Dakota, as described in the re6 port of the Chief of Engineers, dated August 31, 1994, 

7 and entitled ‘‘Watertown and Vicinity, South Dakota’’ 

8 and, if the Secretary determines that the project is fea9 sible, may carry out the project, at a total cost of 

10 $25,000,000. 

11 (b) NON-FEDERAL SHARE.—

12 (1) IN GENERAL.—The non-Federal share of 

13 the cost of the review may be provided in the form 

14 of in-kind services and materials. 

15 (2) CREDIT.—The Secretary shall credit toward 

16 the non-Federal share of the cost of the review the 

17 cost of planning and design work carried out by the 

18 non-Federal interest before the date of an agreement 

19 for the review if the Secretary determines that such 

20 work is integral to the review. 

21 SEC. 5075. FRITZ LANDING, TENNESSEE. 

22 The Secretary shall—

23 (1) conduct a study of the Fritz Landing Agri24 cultural Spur Levee, Tennessee, to determine the ex25 tent of levee modifications that would be required to 
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1 make the levee and associated drainage structures 

2 consistent with Federal standards; 

3 (2) design and construct such modifications; 

4 and 

5 (3) after completion of such modifications, in6 corporate the levee into the project for flood control, 

7 Mississippi River and Tributaries, authorized by the 

8 Act entitled ‘‘An Act for the control of floods on the 

9 Mississippi River and its tributaries, and for other 

10 purposes’’, approved May 15, 1928 (45 Stat. 534–

11 539), commonly known as the ‘‘Flood Control Act of 

12 1928’’. 

13 SEC. 5076. MEMPHIS, TENNESSEE. 

14 The Secretary shall review the aquatic ecosystem res15 toration component of the Memphis Riverfront Develop16 ment Master Plan, Memphis, Tennessee, prepared by the 

17 non-Federal interest and, if the Secretary determines that 

18 the component meets the evaluation and design standards 

19 of the Corps of Engineers and that the component is fea20 sible, may carry out the component at a total Federal cost 

21 not to exceed $5,000,000. 

22 SEC. 5077. TOWN CREEK, LENOIR CITY, TENNESSEE. 

23 The Secretary shall design and construct the project 

24 for flood damage reduction designated as Alternative 4 in 

25 the Town Creek, Lenoir City, Loudon City, Tennessee, 
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1 feasibility report of the Nashville district engineer, dated 

2 November 2000, under the authority of section 205 of the 

3 Flood Control Act of 1948 (33 U.S.C. 701s), notwith4 standing section 1 of the Flood Control Act of June 22, 

5 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal 

6 share of the cost of the project shall be subject to section 

7 103(a) of the Water Resources Development Act of 1986 

8 (33 U.S.C. 2213(a)). 

9 SEC. 5078. TENNESSEE RIVER PARTNERSHIP. 

10 (a) IN GENERAL.—As part of the operation and 

11 maintenance of the project for navigation, Tennessee 

12 River, Tennessee, Alabama, Mississippi, and Kentucky, 

13 authorized by the first section of the Rivers and Harbors 

14 Act of July 3, 1930 (46 Stat. 927), the Secretary may 

15 enter into a partnership with a nonprofit entity to remove 

16 debris from the Tennessee River in the vicinity of Knox17 ville, Tennessee, by providing a vessel to such entity, at 

18 Federal expense, for 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. 5079. CLEAR CREEK AND TRIBUTARIES, HARRIS AND 

23 GALVESTON 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 and Galveston Counties, Texas. 

3 SEC. 5080. HARRIS GULLY, HARRIS COUNTY, TEXAS. 

4 (a) STUDY.—

5 (1) IN GENERAL.—The Secretary shall conduct 

6 a study to determine the feasibility of carrying out 

7 a project for flood damage reduction in the Harris 

8 Gully watershed, Harris County, Texas, to provide 

9 flood protection for the Texas Medical Center, Hous10 ton, Texas. 

11 (2) USE OF LOCAL STUDIES AND PLANS.—In 

12 conducting the study, the Secretary shall use, to the 

13 extent practicable, studies and plans developed by 

14 the non-Federal interest if the Secretary determines 

15 that such studies and plans meet the evaluation and 

16 design standards of the Corps of Engineers. 

17 (3) COMPLETION DATE.—The Secretary shall 

18 complete the study by July 1, 2004. 

19 (b) CRITICAL FLOOD DAMAGE REDUCTION MEAS20 URES.—The Secretary may carry out critical flood damage 

21 reduction measures that the Secretary determines are fea22 sible and that will provide immediate and substantial flood 

23 damage reduction benefits in the Harris Gully watershed, 

24 at a Federal cost of $7,000,000. 
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1 (c) CREDIT.—The Secretary shall credit toward the 

2 non-Federal share of the cost of the project the cost of 

3 planning, design, and construction work carried out by the 

4 non-Federal interest before the date of the partnership 

5 agreement for the project if the Secretary determines that 

6 such work is integral to the project. 

7 (d) NONPROFIT ENTITY.—Notwithstanding section 

8 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

9 5b), a nonprofit entity may, with the consent of the local 

10 government, serve as a non-Federal interest for the project 

11 undertaken under this section. 

12 SEC. 5081. ONION CREEK, TEXAS. 

13 In carrying out the study for the project for flood 

14 damage, reduction, recreation, and ecosystem restoration, 

15 Onion Creek, Texas, the Secretary shall include the costs 

16 and benefits associated with the relocation of flood-prone 

17 residences in the study area for the project during the 2-

18 year period before the initiation of the feasibility study to 

19 the extent the Secretary determines such relocations are 

20 compatible with the project. The Secretary shall credit to21 ward the non-Federal share of the cost of the project the 

22 cost of relocation of such flood-prone residences incurred 

23 by the non-Federal interest before the date of the partner24 ship agreement for the project if the Secretary determines 
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1 that the relocation of such residences is integral to the 

2 project.

3 SEC. 5082. PELICAN ISLAND, TEXAS. 

4 (a) IN GENERAL.—Section 108(a) of the Energy and 

5 Water Development Appropriations Act, 1994 (33 U.S.C. 

6 59hh(a)) is amended—

7 (1) by striking ‘‘The Secretary’’ and inserting 

8 the following: 

9 ‘‘(1) AUTHORITY TO CONVEY.—The Secretary’’; 

10 (2) by adding at the end the following: 

11 ‘‘(2) LETTER OF INTENT.—

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 provide a letter of intent to the city of Gal14 veston for conveyance of less than 100 acres of 

15 the parcel described in subsection (a) for pri16 vate development purposes if the Secretary re17 ceives and approves a proposal by the city des18 ignating the land which would be subject to 

19 such development. 

20 ‘‘(B) DISPOSITION OF SPOIL.—If the Sec21 retary issues a letter of intent under subpara22 graph (A), no additional spoil material may be 

23 placed on the land designated for private devel24 opment for a period of at least 5 years from the 

25 date of issuance of the letter to provide the city 
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1 of Galveston with an opportunity to secure pri2 vate developers, perform appraisals, conduct en3 vironmental studies, and provide the compensa4 tion to the United States required for the con5 veyance.’’; and 

6 (3) by aligning the remainder of the text of 

7 paragraph (1) (as designated by paragraph (1) of 

8 this subsection) with paragraph (2) (as added by 

9 paragraph (2) of this subsection). 

10 (b) EXPIRATION DATE.—Section 108(e)(3) of such 

11 Act (33 U.S.C. 59hh(e)(3)) is amended by striking ‘‘date 

12 of the enactment of this Act’’ and inserting ‘‘date of enact13 ment of the Water Resources Development Act of 2002’’. 

14 SEC. 5083. FRONT ROYAL, VIRGINIA. 

15 Section 591(a)(2)(C) of the Water Resources Devel16 opment Act of 1999 (113 Stat. 378) is amended by strik17 ing ‘‘$12,000,000’’ and inserting ‘‘$22,000,000’’. 

18 SEC. 5084. RICHMOND NATIONAL BATTLEFIELD PARK, 

19 RICHMOND, VIRGINIA. 

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

21 carry out bluff stabilization measures on the James River 

22 in the vicinity of Drewry’s Bluff, Richmond National Bat23 tlefield Park, Richmond, Virginia. 

24 (b) REIMBURSEMENT.—The Secretary shall seek re25 imbursement from the Secretary of the Interior of any 
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1 costs incurred by the Secretary in carrying out subsection 

2 (a). 

3 SEC. 5085. BAKER BAY AND ILWACO HARBOR, WASH4 INGTON. 

5 The Secretary shall conduct a study of increased sil6 tation in Baker Bay and Ilwaco Harbor, Washington, to 

7 determine if the siltation is the result of a Federal naviga8 tion project (including diverted flows from the Columbia 

9 River) and, if the Secretary determines that the siltation 

10 is the result of a Federal navigation project, the Secretary 

11 shall carry out a project to mitigate the siltation as part 

12 of maintenance of the Federal navigation project.

13 SEC. 5086. CHEHALIS RIVER, CENTRALIA, WASHINGTON. 

14 The Secretary shall credit toward the non-Federal 

15 share of the cost of the project for flood damage reduction, 

16 Chehalis River, Centralia, Washington, the cost of plan17 ning, design, and construction work carried out by the 

18 non-Federal interest before the date of the partnership 

19 agreement for the project if the Secretary determines that 

20 the work is integral to the project.

21 SEC. 5087. HAMILTON ISLAND CAMPGROUND, WASH22 INGTON. 

23 The Secretary is authorized to plan, design, and con24 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. 5088. 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 

9 cost of $1,000,000. This action shall be coordinated with 

10 appropriate resource agencies and comply with applicable 

11 Federal laws. 

12 SEC. 5089. 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 

16 years’’ 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 

21 construction’’ and inserting ‘‘, construction, and op22 eration and maintenance’’; 

23 (4) by adding at the end of subsection (b) the 

24 following: 
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1 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri2 Cities Power Authority shall be the owner and oper3 ator of the hydropower facilities referred to in sub4 section (a).’’; 

5 (5) in subsection (c)(1)—

6 (A) by striking ‘‘No’’ and inserting ‘‘Un7 less 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’’ 

13 and 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 

18 the design and construction activities for all features 

19 of 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 

22 construction of those features meets all standards 

23 established for similar facilities constructed by the 

24 Secretary.’’; 
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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 insert5 ing ‘‘, except that hydroelectric power is no 

6 longer a project purpose of the facility. Water 

7 flow releases from the hydropower facilities 

8 shall be determined and directed by the Corps 

9 of Engineers.’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(3) COORDINATION .—Construction of the hy12 droelectric generating facilities shall be coordinated 

13 with the dam safety assurance project currently in 

14 the design and construction phases.’’; 

15 (8) in subsection (e) by striking ‘‘in accord16 ance’’ 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’’; 

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’’; 

3 and 

4 (B) by striking ‘‘facilities referred to in 

5 subsection (a)’’ and inserting ‘‘such facilities’’; 

6 (11) by striking paragraph (1) of subsection (g) 

7 and inserting the following: 

8 ‘‘(1) to arrange for the transmission of power 

9 to the market or to construct such transmission fa10 cilities as necessary to market the power produced at 

11 the facilities referred to in subsection (a) with funds 

12 contributed by the Tri-Cities Power Authority; and’’; 

13 (12) in subsection (g)(2) by striking ‘‘such fa14 cilities’’ and all that follows through ‘‘the Secretary’’ 

15 and inserting ‘‘the generating facility’’; and 

16 (13) by adding at the end the following: 

17 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In 

18 this section, the ‘‘Tri-Cities Power Authority’’ refers to the 

19 entity established by the City of Hinton, West Virginia, 

20 the City of White Sulphur Springs, West Virginia, and the 

21 City of Philippi, West Virginia, pursuant to a document 

22 entitled ‘‘Second Amended and Restated Intergovern23 mental Agreement’’ approved by the Attorney General of 

24 West Virginia on February 14, 2002.’’.
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1 SEC. 5090. 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 Devel5 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is 

6 amended—

7 (1) by striking ‘‘flood control measures’’ and in8 serting ‘‘structural and nonstructural flood control, 

9 streambank protection, stormwater management, 

10 and channel clearing and modification measures’’; 

11 and 

12 (2) by inserting ‘‘with respect to measures that 

13 incorporate levees or floodwalls’’ before the semi14 colon. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 581(c) of the Water Resources Development Act of 1996 

17 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’ 

18 and inserting ‘‘$90,000,000’’. 

19 SEC. 5091. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA. 

20 The Secretary shall conduct a watershed and river 

21 basin assessment under section 729 of the Water Re22 sources Development Act of 1986 (33 U.S.C. 2267a) for 

23 the Lower Kanawha River Basin, in the counties of 

24 Mason, Putnam, Kanawha, Jackson, and Roane, West 

25 Virginia. 
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1 SEC. 5092. CENTRAL WEST VIRGINIA. 

2 Section 571 of the Water Resources Development Act 

3 of 1999 (113 Stat. 371) is amended—

4 (1) in subsection (a)—

5 (A) by striking ‘‘Nicholas,’’; and 

6 (B) by striking ‘‘Gilmer,’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec9 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

10 1962d–5b(b)), for any project undertaken under this sec11 tion, a non-Federal interest may include a nonprofit entity 

12 with the consent of the affected local government. 

13 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

14 of the amounts appropriated to carry out this section may 

15 be used by the Corps of Engineers district offices to ad16 minister projects under this section at 100 percent Fed17 eral expense.’’. 

18 SEC. 5093. SOUTHERN WEST VIRGINIA. 

19 (a) CORPS OF ENGINEERS.—Section 340 of the 

20 Water Resources Development Act of 1992 (106 Stat. 

21 4856; 113 Stat. 320) is amended by adding at the end 

22 the following: 

23 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

24 amounts appropriated to carry out this section for fiscal 

25 years 2003 and thereafter may be used by the Corps of 
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1 Engineers district offices to administer projects under this 

2 section at 100 percent Federal expense.’’. 

3 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

4 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ 

5 after ‘‘Greenbrier,’’. 

6 (c) NONPROFIT ENTITIES.—Section 340 of the 

7 Water Resources Development Act of 1992 (106 Stat. 

8 4856) is further amended by adding at the end the fol9 lowing: 

10 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec11 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

12 1962d–5b(b)), for any project undertaken under this sec13 tion, a non-Federal interest may include a nonprofit entity 

14 with the consent of the affected local government.’’. 

15 SEC. 5094. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

16 BY NON-FEDERAL INTERESTS. 

17 Section 211(f) of the Water Resources Development 

18 Act of 1996 (33 U.S.C. 701b–13) is amended—

19 (1) by redesignating paragraphs (7) and (8) as 

20 paragraphs (8) and (9), respectively; 

21 (2) by inserting after paragraph (6) the fol22 lowing: 

23 ‘‘(7) HALLS BAYOU, TEXAS.—The project for 

24 flood control, Halls Bayou, Texas.’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(10) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

2 FIELD), ST. PAUL, MINNESOTA.—The project for 

3 flood damage reduction, St. Paul Downtown Airport 

4 (Holman Field), St. Paul, Minnesota.’’.

5 SEC. 5095. BRIDGE AUTHORIZATION. 

6 There is authorized to be appropriated $20,000,000 

7 for the construction of the bridge referred to in section 

8 1001(a)(1).

Æ