IB 

Union Calendar No. 94

109TH CONGRESS 

1ST SESSION H. R. 2864

[Report No. 109–154] 

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 13, 2005

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. DUNCAN, and Ms. 

EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

JUNE 24, 2005

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

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

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

[For text of introduced bill, see copy of bill as introduced on June 13, 2005] 

A BILL

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Water Resources Development Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Small projects for flood damage reduction. 

Sec. 1003. Small projects for emergency streambank protection. 

Sec. 1004. Small projects for navigation. 

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

Sec. 1006. Small projects for aquatic ecosystem restoration. 

Sec. 1007. Small projects for shoreline protection. 

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

TITLE II—GENERAL PROVISIONS 

Sec. 2001. Non-Federal contributions. 

Sec. 2002. Harbor cost sharing. 

Sec. 2003. Funding to process permits. 

Sec. 2004. National shoreline erosion control development and demonstration program. 

Sec. 2005. Small shore and beach restoration and protection projects. 

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. Wildfire firefighting. 

Sec. 2022. Credit for nonconstruction services. 

Sec. 2023. Technical assistance. 

Sec. 2024. Coordination and scheduling of Federal, State, and local actions. 

Sec. 2025. Project streamlining. 

Sec. 2026. Lakes program. 
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Sec. 2027. Mitigation for fish and wildlife losses. 

Sec. 2028. Cooperative agreements. 

Sec. 2029. Project planning. 

Sec. 2030. Independent peer review. 

Sec. 2031. Training funds. 

Sec. 2032. Access to water resource data. 

Sec. 2033. Shore protection projects. 

Sec. 2034. Ability to pay. 

Sec. 2035. Aquatic ecosystem restoration. 

Sec. 2036. Small flood damage reduction projects. 

Sec. 2037. Leasing authority. 

Sec. 2038. Cost estimates. 

Sec. 2039. Studies and reports for water resources projects. 

Sec. 2040. Fiscal transparency report. 

TITLE III—PROJECT-RELATED PROVISIONS 

Sec. 3001. King Cove Harbor, Alaska. 

Sec. 3002. St. Paul Harbor, St. Paul Island, Alaska. 

Sec. 3003. Sitka, Alaska. 

Sec. 3004. Tatitlek, Alaska. 

Sec. 3005. Grand Prairie Region and Bayou Meto basin, Arkansas. 

Sec. 3006. Osceola Harbor, Arkansas. 

Sec. 3007. Pine Mountain Dam, Arkansas. 

Sec. 3008. Saint Francis Basin, Arkansas. 

Sec. 3009. American River Watershed, California. 

Sec. 3010. Compton Creek, California. 

Sec. 3011. Grayson Creek/Murderer’s Creek, California. 

Sec. 3012. Hamilton Airfield, California. 

Sec. 3013. John F. Baldwin Ship Channel and Stockton Ship Channel, California. 

Sec. 3014. Kaweah River, California. 

Sec. 3015. Larkspur Ferry Channel, Larkspur, California. 

Sec. 3016. Llagas Creek, California. 

Sec. 3017. Los Angeles Harbor, California. 

Sec. 3018. Magpie Creek, California. 

Sec. 3019. Pacific Flyway Center, Sacramento, California. 

Sec. 3020. Pinole Creek, California. 

Sec. 3021. Prado Dam, California. 

Sec. 3022. Sacramento and American Rivers Flood Control, California. 

Sec. 3023. Sacramento Deep Water Ship Channel, California. 

Sec. 3024. Sacramento River, Glenn-Colusa, California. 

Sec. 3025. Santa Cruz Harbor, California. 

Sec. 3026. Seven Oaks Dam, California. 

Sec. 3027. Upper Guadalupe River, California. 

Sec. 3028. Walnut Creek Channel, California. 

Sec. 3029. Wildcat/San Pablo Creek Phase I, California. 

Sec. 3030. Wildcat/San Pablo Creek Phase II, California. 

Sec. 3031. Yuba River Basin project, California. 

Sec. 3032. Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware 

and Maryland. 

Sec. 3033. Brevard County, Florida. 

Sec. 3034. Broward County and Hillsboro Inlet, Florida. 

Sec. 3035. Canaveral Harbor, Florida. 

Sec. 3036. Gasparilla and Estero Islands, Florida. 
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Sec. 3037. Jacksonville Harbor, Florida. 

Sec. 3038. Lido Key Beach, Sarasota, Florida. 

Sec. 3039. Miami Harbor, Florida. 

Sec. 3040. Peanut Island, Florida. 

Sec. 3041. Tampa Harbor-Big Bend Channel, Florida. 

Sec. 3042. Tampa Harbor Cut B, Florida. 

Sec. 3043. Allatoona Lake, Georgia. 

Sec. 3044. Latham River, Glynn County, Georgia. 

Sec. 3045. Dworshak Dam and Reservoir improvements, Idaho. 

Sec. 3046. Beardstown Community Boat Harbor, Beardstown, Illinois. 

Sec. 3047. Cache River Levee, Illinois. 

Sec. 3048. Chicago River, Illinois. 

Sec. 3049. Chicago Sanitary and Ship Canal, Illinois. 

Sec. 3050. Emiquon, Illinois. 

Sec. 3051. LaSalle, Illinois. 

Sec. 3052. Spunky Bottoms, Illinois. 

Sec. 3053. Fort Wayne and vicinity, Indiana. 

Sec. 3054. Koontz Lake, Indiana. 

Sec. 3055. Little Calumet River, Indiana. 

Sec. 3056. White River, Indiana. 

Sec. 3057. Des Moines River and Greenbelt, Iowa. 

Sec. 3058. Prestonsburg, Kentucky. 

Sec. 3059. Amite River and Tributaries, Louisiana, East Baton Rouge Parish 

Watershed. 

Sec. 3060. Atchafalaya Basin, Louisiana. 

Sec. 3061. Bayou Plaquemine, Louisiana. 

Sec. 3062. Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3063. J. Bennett Johnston Waterway, Mississippi River to Shreveport, Louisiana. 

Sec. 3064. Mississippi Delta Region, Louisiana. 

Sec. 3065. New Orleans to Venice, Louisiana. 

Sec. 3066. West bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3067. Camp Ellis, Saco, Maine. 

Sec. 3068. Union River, Maine. 

Sec. 3069. Gwynns Falls Watershed, Baltimore, Maryland. 

Sec. 3070. Boston Harbor, Massachusetts. 

Sec. 3071. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3072. St. Joseph Harbor, Michigan. 

Sec. 3073. Sault Sainte Marie, Michigan. 

Sec. 3074. Ada, Minnesota. 

Sec. 3075. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3076. Grand Portage Harbor, Minnesota. 

Sec. 3077. Granite Falls, Minnesota. 

Sec. 3078. Knife River Harbor, Minnesota. 

Sec. 3079. Red Lake River, Minnesota. 

Sec. 3080. Silver Bay, Minnesota. 

Sec. 3081. Taconite Harbor, Minnesota. 

Sec. 3082. Two Harbors, Minnesota. 

Sec. 3083. Deer Island, Harrison County, Mississippi. 

Sec. 3084. Pearl River Basin, Mississippi. 

Sec. 3085. Festus and Crystal City, Missouri. 

Sec. 3086. Monarch-Chesterfield, Missouri. 

Sec. 3087. River Des Peres, Missouri. 

Sec. 3088. Antelope Creek, Lincoln, Nebraska. 
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Sec. 3089. Sand Creek watershed, Wahoo, Nebraska. 

Sec. 3090. Lower Cape May Meadows, Cape May Point, New Jersey. 

Sec. 3091. Passaic River Basin flood management, New Jersey. 

Sec. 3092. Buffalo Harbor, New York. 

Sec. 3093. Orchard Beach, Bronx, New York. 

Sec. 3094. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3095. New York State Canal System. 

Sec. 3096. Lower Girard Lake Dam, Ohio. 

Sec. 3097. Mahoning River, Ohio. 

Sec. 3098. Arcadia Lake, Oklahoma. 

Sec. 3099. Waurika Lake, Oklahoma. 

Sec. 3100. Willamette River temperature control, McKenzie Subbasin, Oregon. 

Sec. 3101. Delaware River, Pennsylvania, New Jersey, and Delaware. 

Sec. 3102. Raystown Lake, Pennsylvania. 

Sec. 3103. Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania. 

Sec. 3104. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3105. South Central Pennsylvania. 

Sec. 3106. Wyoming Valley, Pennsylvania. 

Sec. 3107. Cedar Bayou, Texas. 

Sec. 3108. Freeport Harbor, Texas. 

Sec. 3109. Johnson Creek, Arlington, Texas. 

Sec. 3110. Lake Kemp, Texas. 

Sec. 3111. Lower Rio Grande Basin, Texas. 

Sec. 3112. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3113. Pat Mayse Lake, Texas. 

Sec. 3114. Proctor Lake, Texas. 

Sec. 3115. San Antonio Channel, San Antonio, Texas. 

Sec. 3116. James River, Virginia. 

Sec. 3117. Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties, Virginia. 

Sec. 3118. Tangier Island Seawall, Virginia. 

Sec. 3119. Duwamish/Green, Washington. 

Sec. 3120. Yakima River, Port of Sunnyside, Washington. 

Sec. 3121. Greenbrier River Basin, West Virginia. 

Sec. 3122. Lesage/Greenbottom Swamp, West Virginia. 

Sec. 3123. Northern West Virginia. 

Sec. 3124. Manitowoc Harbor, Wisconsin. 

Sec. 3125. Mississippi River headwaters reservoirs. 

Sec. 3126. Continuation of project authorizations. 

Sec. 3127. Project reauthorizations. 

Sec. 3128. Project deauthorizations. 

Sec. 3129. Land conveyances. 

Sec. 3130. Extinguishment of reversionary interests and use restrictions. 

TITLE IV—STUDIES 

Sec. 4001. John Glenn Great Lakes Basin program. 

Sec. 4002. Lake Erie dredged material disposal sites. 

Sec. 4003. Southwestern United States drought study. 

Sec. 4004. Upper Mississippi River comprehensive plan. 

Sec. 4005. Knik Arm, Cook Inlet, Alaska. 

Sec. 4006. Kuskokwim River, Alaska. 

Sec. 4007. St. George Harbor, Alaska. 

Sec. 4008. Susitna River, Alaska. 

Sec. 4009. Gila Bend, Maricopa, Arizona. 
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Sec. 4010. Searcy County, Arkansas. 

Sec. 4011. Dry Creek Valley, California. 

Sec. 4012. Elkhorn Slough estuary, California. 

Sec. 4013. Fresno, Kings, and Kern Counties, California. 

Sec. 4014. Los Angeles River, California. 

Sec. 4015. Lytle Creek, Rialto, California. 

Sec. 4016. Mokelumne River, San Joaquin County, California. 

Sec. 4017. Napa River, St. Helena, California. 

Sec. 4018. Orick, California. 

Sec. 4019. Rialto, Fontana, and Colton, California. 

Sec. 4020. Sacramento River, California. 

Sec. 4021. San Diego County, California. 

Sec. 4022. San Francisco Bay, Sacramento-San Joaquin Delta, California. 

Sec. 4023. South San Francisco Bay shoreline study, California. 

Sec. 4024. Twentynine Palms, California. 

Sec. 4025. Yucca Valley, California. 

Sec. 4026. Boulder Creek, Boulder, Colorado. 

Sec. 4027. Roaring Fork River, Basalt, Colorado. 

Sec. 4028. Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware. 

Sec. 4029. Collier County beaches, Florida. 

Sec. 4030. Vanderbilt Beach Lagoon, Florida. 

Sec. 4031. Meriwether County, Georgia. 

Sec. 4032. Tybee Island, Georgia. 

Sec. 4033. Kaukonahua-Helemano watershed, Oahu, Hawaii. 

Sec. 4034. West Maui, Maui, Hawaii. 

Sec. 4035. Boise River, Idaho. 

Sec. 4036. Ballard’s Island Side Channel, Illinois. 

Sec. 4037. Chicago, Illinois. 

Sec. 4038. South Branch, Chicago River, Chicago, Illinois. 

Sec. 4039. Utica, Illinois. 

Sec. 4040. Lake and Porter Counties, Indiana. 

Sec. 4041. Salem, Indiana. 

Sec. 4042. Buckhorn Lake, Kentucky. 

Sec. 4043. Dewey Lake, Kentucky. 

Sec. 4044. Louisville, Kentucky. 

Sec. 4045. Bastrop-Morehouse Parish, Louisiana. 

Sec. 4046. Offshore oil and gas fabrication ports, Louisiana. 

Sec. 4047. Vermilion River, Louisiana. 

Sec. 4048. West Feliciana Parish, Louisiana. 

Sec. 4049. Patapsco River, Maryland. 

Sec. 4050. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 4051. Hamburg and Green Oak Townships, Michigan. 

Sec. 4052. St. Clair River, Michigan. 

Sec. 4053. Duluth-Superior Harbor, Minnesota and Wisconsin. 

Sec. 4054. Wild Rice River, Minnesota. 

Sec. 4055. Mississippi coastal area, Mississippi. 

Sec. 4056. Northeast Mississippi. 

Sec. 4057. St. Louis, Missouri. 

Sec. 4058. Dredged material disposal, New Jersey. 

Sec. 4059. Bayonne, New Jersey. 

Sec. 4060. Carteret, New Jersey. 

Sec. 4061. Elizabeth River, Elizabeth, New Jersey. 

Sec. 4062. Gloucester County, New Jersey. 

Sec. 4063. Perth Amboy, New Jersey. 
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Sec. 4064. Wreck Pond, Monmouth County, New Jersey. 

Sec. 4065. Batavia, New York. 

Sec. 4066. Big Sister Creek, Evans, New York. 

Sec. 4067. East Chester Bay, Turtle Cove, New York. 

Sec. 4068. Finger Lakes, New York. 

Sec. 4069. Hudson-Raritan Estuary, New York and New Jersey. 

Sec. 4070. Lake Erie Shoreline, Buffalo, New York. 

Sec. 4071. Newtown Creek, New York. 

Sec. 4072. Niagara River, New York. 

Sec. 4073. Upper Delaware River watershed, New York. 

Sec. 4074. Lincoln County, North Carolina. 

Sec. 4075. Wilkes County, North Carolina. 

Sec. 4076. Yadkinville, North Carolina. 

Sec. 4077. Cincinnati, Ohio. 

Sec. 4078. Euclid, Ohio. 

Sec. 4079. Lake Erie, Ohio. 

Sec. 4080. Ohio River, Ohio. 

Sec. 4081. Sutherlin, Oregon. 

Sec. 4082. Tillamook Bay and Bar, Oregon. 

Sec. 4083. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4084. Walla Walla River Basin, Oregon. 

Sec. 4085. Chartiers Creek watershed, Pennsylvania. 

Sec. 4086. Kinzua Dam and Allegheny Reservoir, Pennsylvania. 

Sec. 4087. North Central Pennsylvania. 

Sec. 4088. Northampton and Lehigh Counties streams, Pennsylvania. 

Sec. 4089. Western Pennsylvania flood damage reduction. 

Sec. 4090. Williamsport, Pennsylvania. 

Sec. 4091. Yardley Borough, Pennsylvania. 

Sec. 4092. Rio Valenciano, Juncos, Puerto Rico. 

Sec. 4093. Crooked Creek, Bennettsville, South Carolina. 

Sec. 4094. Broad River, York County, South Carolina. 

Sec. 4095. Georgetown and Williamsburg Counties, South Carolina. 

Sec. 4096. Chattanooga, Tennessee. 

Sec. 4097. Cleveland, Tennessee. 

Sec. 4098. Cumberland River, Nashville, Tennessee. 

Sec. 4099. Lewis, Lawrence, and Wayne Counties, Tennessee. 

Sec. 4100. Wolf River and Nonconnah Creek, Memphis Tennessee. 

Sec. 4101. Abilene, Texas. 

Sec. 4102. Coastal Texas ecosystem protection and restoration, Texas. 

Sec. 4103. Fort Bend County, Texas. 

Sec. 4104. Harris County, Texas. 

Sec. 4105. Port of Galveston, Texas. 

Sec. 4106. Roma Creek, Texas. 

Sec. 4107. Walnut Creek, Texas. 

Sec. 4108. Grand County and Moab, Utah. 

Sec. 4109. Southwestern Utah. 

Sec. 4110. Chowan River Basin, Virginia and North Carolina. 

Sec. 4111. James River, Richmond, Virginia. 

Sec. 4112. Elliott Bay Seawall, Seattle, Washington. 

Sec. 4113. Monongahela River Basin, Northern West Virginia. 

Sec. 4114. Kenosha Harbor, Wisconsin. 

Sec. 4115. 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. Great Lakes fishery and ecosystem restoration. 

Sec. 5013. Great Lakes remedial action plans and sediment remediation. 

Sec. 5014. Great Lakes tributary model. 

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

Sec. 5016. Chesapeake Bay Environmental Restoration and Protection Program. 

Sec. 5017. Chesapeake Bay oyster restoration. 

Sec. 5018. Hypoxia assessment. 

Sec. 5019. Potomac River Watershed Assessment and Tributary Strategy Evaluation and Monitoring Program. 

Sec. 5020. Lock and dam security. 

Sec. 5021. Pinhook Creek, Huntsville, Alabama. 

Sec. 5022. Tallapoosa, Alabama. 

Sec. 5023. Alaska. 

Sec. 5024. Barrow, Alaska. 

Sec. 5025. Coffman Cove, Alaska. 

Sec. 5026. Fort Yukon, Alaska. 

Sec. 5027. Kotzebue Harbor, Alaska. 

Sec. 5028. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5029. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5030. Tanana River, Alaska. 

Sec. 5031. Valdez, Alaska. 

Sec. 5032. Whittier, Alaska. 

Sec. 5033. Wrangell Harbor, Alaska. 

Sec. 5034. Augusta and Clarendon, Arkansas. 

Sec. 5035. Des Arc levee protection, Arkansas. 

Sec. 5036. Helena and vicinity, Arkansas. 

Sec. 5037. Loomis Landing, Arkansas. 

Sec. 5038. St. Francis River Basin, Arkansas and Missouri. 

Sec. 5039. White River basin, Arkansas. 

Sec. 5040. Cambria, California. 

Sec. 5041. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5042. Dana Point Harbor, California. 

Sec. 5043. East San Joaquin County, California. 

Sec. 5044. Eastern Santa Clara Basin, California. 

Sec. 5045. Pine Flat Dam and Reservoir, California. 

Sec. 5046. Sacramento deep water ship channel, California. 

Sec. 5047. San Francisco, California. 

Sec. 5048. San Francisco, California, waterfront area. 

Sec. 5049. Santa Venetia, California. 

Sec. 5050. Stockton, California. 

Sec. 5051. Victor V. Veysey Dam, California. 
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Sec. 5052. Whittier, California. 

Sec. 5053. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 5054. Christina River shipwreck, Delaware. 

Sec. 5055. Anacostia River, District of Columbia, Maryland, and Virginia. 

Sec. 5056. Florida Keys water quality improvements. 

Sec. 5057. Lake Worth, Florida. 

Sec. 5058. Lake Lanier, Georgia. 

Sec. 5059. Riley Creek Recreation Area, Idaho. 

Sec. 5060. Reconstruction of Illinois flood protection projects. 

Sec. 5061. Kaskaskia River Basin, Illinois, restoration. 

Sec. 5062. Floodplain mapping, Little Calumet River, Chicago, Illinois. 

Sec. 5063. Natalie Creek, Midlothian and Oak Forest, Illinois. 

Sec. 5064. Illinois River basin restoration. 

Sec. 5065. Promontory Point, Lake Michigan, Illinois. 

Sec. 5066. Burns Waterway Harbor, Indiana. 

Sec. 5067. Calumet region, Indiana. 

Sec. 5068. Floodplain mapping, Missouri River, Iowa. 

Sec. 5069. Rathbun Lake, Iowa. 

Sec. 5070. Cumberland River basin, Kentucky. 

Sec. 5071. Louisville, Kentucky. 

Sec. 5072. Mayfield Creek and tributaries, Kentucky. 

Sec. 5073. North Fork, Kentucky River, Breathitt County, Kentucky. 

Sec. 5074. Paducah, Kentucky. 

Sec. 5075. Southern and eastern Kentucky. 

Sec. 5076. Winchester, Kentucky. 

Sec. 5077. Baton Rouge, Louisiana. 

Sec. 5078. Calcasieu Ship Channel, Louisiana. 

Sec. 5079. Cross Lake, Shreveport, Louisiana. 

Sec. 5080. West Baton Rouge Parish, Louisiana. 

Sec. 5081. Charlestown, Maryland. 

Sec. 5082. Delmarva Conservation Corridor, Maryland and Delaware. 

Sec. 5083. Massachusetts dredged material disposal sites. 

Sec. 5084. Ontonagon Harbor, Michigan. 

Sec. 5085. St. Clair River and Lake St. Clair, Michigan. 

Sec. 5086. Crookston, Minnesota. 

Sec. 5087. Garrison and Kathio Township, Minnesota. 

Sec. 5088. Minneapolis, Minnesota. 

Sec. 5089. Northeastern Minnesota. 

Sec. 5090. Harrison, Hancock, and Jackson Counties, Mississippi. 

Sec. 5091. Mississippi River, Missouri, and Illinois. 

Sec. 5092. St. Louis, Missouri. 

Sec. 5093. Acid Brook, Pompton Lakes, New Jersey. 

Sec. 5094. Hackensack Meadowlands area, New Jersey. 

Sec. 5095. Central New Mexico, New Mexico. 

Sec. 5096. Atlantic Coast of New York. 

Sec. 5097. College Point, New York City, New York. 

Sec. 5098. Flushing Bay and Creek, New York City, New York. 

Sec. 5099. Hudson River, New York. 

Sec. 5100. Mount Morris Dam, New York. 

Sec. 5101. Onondaga Lake, New York. 

Sec. 5102. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5103. Stanly County, North Carolina. 

Sec. 5104. W. Kerr Scott Dam and Reservoir, North Carolina. 

Sec. 5105. Ohio. 
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Sec. 5106. Toussaint River, Ohio. 

Sec. 5107. Eugene, Oregon. 

Sec. 5108. John Day Lock and Dam, Lake Umatilla, Oregon and Washington. 

Sec. 5109. Lowell, Oregon. 

Sec. 5110. Allegheny County, Pennsylvania. 

Sec. 5111. Lehigh River, Lehigh County, Pennsylvania. 

Sec. 5112. Northeast Pennsylvania. 

Sec. 5113. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 5114. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5115. Beaufort and Jasper Counties, South Carolina. 

Sec. 5116. Fritz Landing, Tennessee. 

Sec. 5117. J. Percy Priest Dam and Reservoir, Tennessee. 

Sec. 5118. Town Creek, Lenoir City, Tennessee. 

Sec. 5119. Tennessee River partnership. 

Sec. 5120. Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi. 

Sec. 5121. Bosque River watershed, Texas. 

Sec. 5122. Dallas Floodway, Dallas, Texas. 

Sec. 5123. Harris County, Texas. 

Sec. 5124. Onion Creek, Texas. 

Sec. 5125. Dyke Marsh, Fairfax County, Virginia. 

Sec. 5126. Eastern Shore and southwest Virginia. 

Sec. 5127. James River, Virginia. 

Sec. 5128. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5129. Hamilton Island campground, Washington. 

Sec. 5130. Puget Island, Washington. 

Sec. 5131. Willapa Bay, Washington. 

Sec. 5132. Bluestone, West Virginia. 

Sec. 5133. West Virginia and Pennsylvania flood control. 

Sec. 5134. Lower Kanawha River Basin, West Virginia. 

Sec. 5135. Central West Virginia. 

Sec. 5136. Southern West Virginia. 

Sec. 5137. Johnsonville Dam, Johnsonville, Wisconsin. 

Sec. 5138. Construction of flood control projects by non-Federal interests. 

Sec. 5139. Use of Federal hopper dredge fleet. 

TITLE VI—FLORIDA EVERGLADES 

Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. 

Sec. 6002. Pilot projects. 

Sec. 6003. Maximum cost of projects. 

Sec. 6004. Project authorization. 

Sec. 6005. Credit. 

Sec. 6006. Outreach and assistance. 

Sec. 6007. Critical restoration projects. 

Sec. 6008. Deauthorizations. 

Sec. 6009. Modified water delivery. 

TITLE VII—LOUISIANA COASTAL AREA 

Sec. 7001. Definitions. 

Sec. 7002. Additional Reports. 

Sec. 7003. Coastal Louisiana ecosystem protection and restoration task force. 

Sec. 7004. Investigations. 

Sec. 7005. Construction. 

Sec. 7006. Non-Federal cost share. 

Sec. 7007. Project justification. 
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Sec. 7008. Statutory Construction. 

TITLE VIII—UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY 

SYSTEM 

Sec. 8001. Definitions. 

Sec. 8002. Navigation improvements and restoration. 

Sec. 8003. Authorization of construction of navigation improvements. 

Sec. 8004. Ecosystem restoration authorization. 

Sec. 8005. Comparable progress.

1 SEC. 2. DEFINITION OF SECRETARY. 

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

3 of the Army. 

4 TITLE I—WATER RESOURCES 

5 PROJECTS 

6 SEC. 1001. PROJECT AUTHORIZATIONS. 

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

10 out by the Secretary substantially in accordance with the 

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

13 (1) AKUTAN, ALASKA.—

14 (A) IN GENERAL.—The project for naviga15 tion, Akutan, Alaska: Report of the Chief of En16 gineers dated December 20, 2004, at a total cost 

17 of $19,700,000. 

18 (B) TREATMENT OF CERTAIN DREDGING.—

19 The headlands dredging for the mooring basin 

20 shall be considered a general navigation feature 
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1 for purposes of estimating the non-Federal share 

2 of the cost of the project. 

3 (2) HAINES SMALL BOAT HARBOR, HAINES, 

4 ALASKA.—The project for navigation, Haines Small 

5 Boat Harbor, Haines, Alaska: Report of the Chief of 

6 Engineers dated December 20, 2004, at a total of 

7 $12,200,000, with an estimated Federal cost of 

8 $9,700,000 and an estimated non-Federal cost of 

9 $2,500,000. 

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

11 project for environmental restoration, Tanque Verde 

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

13 dated July 22, 2003, at a total cost of $4,978,000, 

14 with an estimated Federal cost of $3,236,000 and an 

15 estimated non-Federal cost of $1,742,000. 

16 (4) VA SHILY’ AY AKIMEL, SALT RIVER RESTORA17 TION, ARIZONA.—The project for ecosystem restora18 tion, Va Shily’ Ay Akimel, Salt River, Arizona: Re19 port of the Chief of Engineers dated January 3, 2005, 

20 at a total cost of $138,968,000, with an estimated 

21 Federal cost of $90,129,000 and an estimated non22 Federal cost of $48,839,000. 

23 (5) HAMILTON CITY, CALIFORNIA.—The project 

24 for flood damage reduction and ecosystem restoration, 

25 Hamilton City, California: Report of the Chief of En-
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1 gineers dated December 22, 2004, at a total cost of 

2 $50,600,000, with an estimated Federal cost of 

3 $33,000,000 and estimated non-Federal cost of 

4 $17,600,000. 

5 (6) IMPERIAL BEACH, CALIFORNIA.—The project 

6 for storm damage reduction, Imperial Beach, Cali7 fornia: Report of the Chief of Engineers, dated Decem8 ber 30, 2003, at a total cost of $11,862,000, with an 

9 estimated Federal cost of $7,592,000 and an estimated 

10 non-Federal cost of $4,270,000, and at an estimated 

11 total cost of $38,004,000 for periodic beach nourish12 ment over the 50-year life of the project, with an esti13 mated Federal cost of $19,002,000 and an estimated 

14 non-Federal cost of $19,002,000. 

15 (7) MATILIJA DAM, VENTURA COUNTY, CALI16 FORNIA.—The project for ecosystem restoration, 

17 Matilija Dam and Ventura River Watershed, Ventura 

18 County, California: Report of the Chief of Engineers 

19 dated December 20, 2004, at a total cost of 

20 $130,335,000, with an estimated Federal cost of 

21 $78,973,000 and an estimated non-Federal cost of 

22 $51,362,000. 

23 (8) MIDDLE CREEK, LAKE COUNTY, CALI24 FORNIA.—The project for ecosystem restoration and 

25 flood damage reduction, Middle Creek, Lake County, 
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1 California: Report of the Chief of Engineers dated No2 vember 29, 2004, at a total cost of $41,793,000, with 

3 an estimated Federal cost of $27,256,000 and an esti4 mated non-Federal cost of $14,537,000. 

5 (9) NAPA RIVER SALT MARSH, CALIFORNIA.—

6 (A) IN GENERAL.—The project for ecosystem 

7 restoration, Napa River Salt Marsh, Nap River, 

8 California: Report of the Chief of Engineers 

9 dated December 22, 2004, at a total cost of 

10 $100,500,000, with an estimated Federal cost of 

11 $64,000,000 and an estimated non-Federal cost 

12 of $36,500,000. 

13 (B) PROJECT FEATURES.—In carrying out 

14 the project, the Secretary shall include construc15 tion of a recycled water pipeline extending from 

16 the Sonoma Valley County Sanitation District 

17 Waste Water Treatment Plant and the Napa 

18 Sanitation District Waste Water Treatment 

19 Plant as part of the project and restoration and 

20 enhancement of Salt Ponds 1, 1A, 2, and 3. 

21 (10) SOUTH PLATTE RIVER, DENVER, COLO22 RADO.—The project for environmental restoration 

23 Denver County Reach, South Platte River, Denver, 

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

25 16, 2003, at a total cost of $18,824,000, with an esti-
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1 mated Federal cost of $12,236,000 and an estimated 

2 non-Federal cost of $6,588,000. 

3 (11) MIAMI HARBOR, MIAMI-DADE COUNTY, 

4 FLORIDA.—

5 (A) IN GENERAL.—The project for naviga6 tion, Miami Harbor, Miami-Dade County, Flor7 ida: Report of the Chief of Engineers dated April 

8 25, 2005, at a total cost of $121,127,000, with an 

9 estimated Federal cost of $64,843,000 and an es10 timated non-Federal cost of $56,284,000. 

11 (B) GENERAL REEVALUATION REPORT.—

12 The non-Federal share of the cost of the general 

13 reevaluation report that resulted in the report of 

14 the Chief of Engineers referred to in subpara15 graph (A) shall be the same percentage as the 

16 non-Federal share of cost of construction of the 

17 project. 

18 (C) AGREEMENT.—The Secretary shall 

19 enter into a new partnership with the non-Fed20 eral interest to reflect the cost sharing required 

21 by subparagraph (B). 

22 (12) EAST ST. LOUIS AND VICINITY, ILLINOIS.—

23 The project for ecosystem restoration, East St. Louis 

24 and vicinity, Illinois: Report of the Chief of Engi25 neers dated December 22, 2004, at a total cost of 
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1 $191,158,000, with an estimated Federal cost of 

2 $123,807,000 and an estimated non-Federal cost of 

3 $67,351,000. 

4 (13) PEORIA RIVERFRONT, ILLINOIS.—The 

5 project for environmental restoration, Peoria River6 front, Illinois: Report of the Chief of Engineers, dated 

7 July 28, 2003, at a total cost of $16,000,000, with an 

8 estimated Federal cost of $10,400,000 and an esti9 mated non-Federal cost of $5,600,000. 

10 (14) BAYOU SORREL LOCK, LOUISIANA.—The 

11 project for navigation, Bayou Sorrel Lock, Louisiana: 

12 Report of the Chief of Engineers dated January 3, 

13 2005, at a total cost of $9,000,000. The costs of construction of the project shall be paid 1 14 ⁄2 from amounts 

15 appropriated from the general fund of the Treasury 

and 1 16 ⁄2 from amounts appropriated from the Inland 

17 Waterways Trust Fund. 

18 (15) MORGANZA TO THE GULF OF MEXICO, LOU19 ISIANA.—

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

21 and storm damage reduction, Morganza to the 

22 Gulf of Mexico, Louisiana: Reports of the Chief 

23 of Engineers, dated August 23, 2002, and July 

24 22, 2003, at a total cost of $788,000,000 with an 
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1 estimated Federal cost of $512,200,000 and an 

2 estimated non-Federal cost of $275,800,000. 

3 (B) CREDIT.—The Secretary shall credit to4 ward the non-Federal share of the cost of the 

5 project the cost of design and construction work 

6 carried out by the non-Federal interest before the 

7 date of the partnership agreement for the project 

8 if the Secretary determines that the work is inte9 gral to the project. 

10 (16) SWOPE PARK INDUSTRIAL AREA, MIS11 SOURI.—The project for flood damage reduction, 

12 Swope Park Industrial Area, Missouri: Report of the 

13 Chief of Engineers, dated December 30, 2003, at a 

14 total cost of $15,683,000, with an estimated Federal 

15 cost of $10,194,000 and an estimated non-Federal cost 

16 of $5,489,000. 

17 (17) MANASQUAN TO BARNEGAT INLET, NEW

18 JERSEY.—The project for hurricane and storm dam19 age reduction, Manasquan to Barnegat Inlet, New 

20 Jersey: Report of the Chief of Engineers dated Decem21 ber 30, 2003, at a total cost of $65,800,000, with an 

22 estimated Federal cost of $42,800,000 and an esti23 mated non-Federal cost of $23,000,000, and at an es24 timated total cost of $108,000,000 for periodic beach 

25 nourishment over the 50-year life of the project, with 
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1 an estimated Federal cost of $54,000,000 and an esti2 mated non-Federal cost of $54,000,000. 

3 (18) SOUTH RIVER, NEW JERSEY.—The project 

4 for hurricane and storm damage reduction and envi5 ronmental restoration, South River, New Jersey: Re6 port of the Chief of Engineers, dated July 22, 2003, 

7 at a total cost of $112,623,000, with an estimated 

8 Federal cost of $73,205,000 and an estimated non9 Federal cost of $39,418,000. 

10 (19) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

11 MEXICO.—The project for flood damage reduction, 

12 Southwest Valley, Albuquerque, New Mexico: Report 

13 of the Chief of Engineers dated November 29, 2004, at 

14 a total cost of $19,494,000, with an estimated Federal 

15 cost of $12,671,000 and an estimated non-Federal cost 

16 of $6,823,000. 

17 (20) CORPUS CHRISTI SHIP CHANNEL, CORPUS

18 CHRISTI, TEXAS.—The project for navigation and en19 vironmental restoration, Corpus Christi Ship Chan20 nel, Texas, Channel Improvement Project: Report of 

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

22 cost of $172,940,000, with an estimated Federal cost 

23 of $80,086,000 and an estimated non-Federal cost of 

24 $92,823,000. 
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1 (21) GULF INTRACOASTAL WATERWAY, HIGH IS2 LAND TO BRAZOS RIVER, TEXAS.—The project for 

3 navigation, Gulf Intracoastal Waterway, Sabine 

4 River to Corpus Christi, Texas: Report of the Chief of 

5 Engineers, dated April 16, 2004, at a total cost of 

6 $13,104,000. The costs of construction of the project 

are to be paid 1 7 ⁄2 from amounts appropriated from 

the general fund of the Treasury and 1 8 ⁄2 from 

9 amounts appropriated from the Inland Waterways 

10 Trust Fund. 

11 (22) MATAGORDA BAY, TEXAS.—The project for 

12 navigation, Gulf Intracoastal Waterway, Brazos 

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

14 Texas: Report of the Chief of Engineers, dated Decem15 ber 24, 2002, at a total cost of $15,960,000. The costs 

of construction of the project are to be paid 1 16 ⁄2 from 

17 amounts appropriated from the general fund of the 

Treasury and 1 18 ⁄2 from amounts appropriated from 

19 the Inland Waterways Trust Fund. 

20 (23) RIVERSIDE OXBOW, FORT WORTH, TEXAS.—

21 (A) IN GENERAL.—The project for environ22 mental restoration, Riverside Oxbow, Fort 

23 Worth, Texas: Report of the Chief of Engineers 

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

25 $25,200,000, with an estimated Federal cost of 
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1 $10,400,000 and an estimated non-Federal cost 

2 of $14,800,000. 

3 (B) CREDIT.—The Secretary shall credit to4 ward the non-Federal share of the cost of the 

5 project the cost of design and construction work 

6 carried out on the Beach Street Dam and associ7 ated features by the non-Federal interest before 

8 the date of the partnership agreement for the 

9 project if the Secretary determines that the work 

10 is integral to the project. 

11 (24) DEEP CREEK, CHESAPEAKE, VIRGINIA.—The 

12 project for the Atlantic Intracoastal Waterway Bridge 

13 Replacement, Deep Creek, Chesapeake, Virginia: Re14 port of the Chief of Engineers, dated March 3, 2003, 

15 at a Federal cost of $35,573,000. 

16 (25) CHEHALIS RIVER, CENTRALIA, WASH17 INGTON.—

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

19 damage reduction, Chehalis River, Centralia, 

20 Washington: Report of the Chief of Engineers 

21 dated September 27, 2004, at a total cost of 

22 $109,850,000, with an estimated Federal cost of 

23 $66,425,000 and an estimated non-Federal cost 

24 of $43,425,000. 

25 (B) CREDIT.—The Secretary shall—
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1 (i) credit up to $6,500,000 toward the 

2 non-Federal share of the cost of the project 

3 for the cost of planning and design work 

4 carried out by the non-Federal interest in 

5 accordance with the project study plan 

6 dated November 28, 1999; and 

7 (ii) credit toward the non-Federal 

8 share of the cost of the project the cost of de9 sign and construction work carried out by 

10 the non-Federal interest before the date of 

11 the partnership agreement for the project if 

12 the Secretary determines that the work is 

13 integral to the project. 

14 (C) ADDITIONAL FLOOD STORAGE AT

15 SKOOKUMCHUCK DAM.—The Secretary shall inte16 grate into the project the locally preferred plan 

17 to provide an additional 9,000 acre-feet of stor18 age capacity at Skookumchuck Dam, Wash19 ington, upon a determination by the Secretary 

20 that providing such additional storage capacity 

21 is feasible. 

22 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC23 TION. 

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

25 study for each of the following projects and, if the Secretary 
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1 determines that a project is feasible, may carry out the 

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

3 (33 U.S.C. 701s): 

4 (1) HALEYVILLE, ALABAMA.—Project for flood 

5 damage reduction, Haleyville, Alabama. 

6 (2) WEISS LAKE, ALABAMA.—Project for flood 

7 damage reduction, Weiss Lake, Alabama. 

8 (3) CHINO VALLEY WASH, ARIZONA.—Project for 

9 flood damage reduction, Chino Valley Wash, Arizona. 

10 (4) LITTLE COLORADO RIVER LEVEE, ARIZONA.—

11 Project for flood damage reduction, Little Colorado 

12 River Levee, Arizona. 

13 (5) CACHE RIVER BASIN, GRUBBS, ARKANSAS.—

14 Project for flood damage reduction, Cache River 

15 Basin, Grubbs, Arkansas. 

16 (6) BARREL SPRINGS WASH, PALMDALE, CALI17 FORNIA.—Project for flood damage reduction, Barrel 

18 Springs Wash, Palmdale, California. 

19 (7) BORREGO SPRINGS, CALIFORNIA.—Project for 

20 flood damage reduction, Borrego Springs, California. 

21 (8) COLTON, CALIFORNIA.—Project for flood 

22 damage reduction, Colton, California. 

23 (9) DUNLAP STREAM, SAN BERNARDINO, CALI24 FORNIA.—Project for flood damage reduction, Dunlap 

25 Stream, San Bernardino, California. 
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1 (10) HUNTS CANYON WASH, PALMDALE, CALI2 FORNIA.—Project for flood damage reduction, Hunts 

3 Canyon Wash, Palmdale, California. 

4 (11) WILDWOOD CREEK, YUCAIPA, CALIFORNIA.—

5 Project for flood damage reduction, Wildwood Creek, 

6 Yucaipa, California. 

7 (12) UTICA AND VICINITY, ILLINOIS.—Project for 

8 flood damage reduction, Utica and vicinity, Illinois. 

9 (13) DES MOINES AND RACCOON RIVERS, 

10 IOWA.—Project for flood damage reduction, Des 

11 Moines and Raccoon Rivers, Iowa. 

12 (14) PEABODY, MASSACHUSETTS.—Project for 

13 flood damage reduction, Peabody, Massachusetts. 

14 (15) SALEM, MASSACHUSETTS.—Project for flood 

15 damage reduction, Salem, Massachusetts. 

16 (16) CASS RIVER, MICHIGAN.—Project for flood 

17 damage reduction, Cass River, Vassar and vicinity, 

18 Michigan. 

19 (17) CROW RIVER, ROCKFORD, MINNESOTA.—

20 Project for flood damage reduction, Crow River, Rock21 ford, Minnesota. 

22 (18) ITASCA COUNTY, MINNESOTA.—Project for 

23 flood damage reduction, Trout Lake and Canisteo Pit, 

24 Itasca County, Minnesota. 
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1 (19) MARSH CREEK, MINNESOTA.—Project for 

2 flood damage reduction, Marsh Creek, Minnesota. 

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

4 Project for flood damage reduction, Roseau River, 

5 Roseau, Minnesota. 

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

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

9 Minnesota. 

10 (22) BLACKSNAKE CREEK, ST. JOSEPH, MIS11 SOURI.—Project for flood damage reduction, Black12 snake Creek, St. Joseph, Missouri. 

13 (23) CANNISTEO RIVER, ADDISON, NEW YORK.—

14 Project for flood damage reduction, Cannisteo River, 

15 Addison, New York. 

16 (24) COHOCTON RIVER, CAMPBELL, NEW YORK.—

17 Project for flood damage reduction, Cohocton River, 

18 Campbell, New York. 

19 (25) EAST RIVER, SILVER BEACH, NEW YORK

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

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

22 (26) EAST VALLEY CREEK, ANDOVER, NEW

23 YORK.—Project for flood damage reduction, East Val24 ley Creek, Andover, New York. 
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1 (27) SUNNYSIDE BROOK, WESTCHESTER COUNTY, 

2 NEW YORK.—Project for flood damage reduction, Sun3 nyside Brook, Westchester County, New York. 

4 (28) LITTLE YANKEE RUN, OHIO.—Project for 

5 flood damage reduction, Little Yankee Run, Ohio. 

6 (29) LITTLE NESHAMINY CREEK, WARRENTON, 

7 PENNSYLVANIA.—Project for flood damage reduction, 

8 Little Neshaminy Creek, Warrenton, Pennsylvania. 

9 (30) SOUTHAMPTON CREEK WATERSHED, SOUTH10 AMPTON, PENNSYLVANIA.—Project for flood damage 

11 reduction, Southampton Creek watershed, South12 ampton, Pennsylvania. 

13 (31) SPRING CREEK, LOWER MACUNGIE TOWN14 SHIP, PENNSYLVANIA.—Project for flood damage re15 duction, Spring Creek, Lower Macungie Township, 

16 Pennsylvania. 

17 (32) YARDLEY AQUEDUCT, SILVER AND BROCK

18 CREEKS, YARDLEY, PENNSYLVANIA.—Project for flood 

19 damage reduction, Yardley Aqueduct, Silver and 

20 Brock Creeks, Yardley, Pennsylvania. 

21 (33) SURFSIDE BEACH, SOUTH CAROLINA.—

22 Project for flood damage reduction, Surfside Beach 

23 and vicinity, South Carolina. 
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1 (34) CONGELOSI DITCH, MISSOURI CITY, 

2 TEXAS.—Project for flood damage reduction, 

3 Congelosi Ditch, Missouri City, Texas. 

4 (35) DILLEY, TEXAS.—Project for flood damage 

5 reduction, Dilley, Texas. 

6 (b) SPECIAL RULES.—

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

8 The Secretary may proceed with the project for the 

9 Cache River Basin, Grubbs, Arkansas, referred to in 

10 subsection (a)(5), notwithstanding that the project is 

11 located within the boundaries of the flood control 

12 project, Cache River Basin, Arkansas and Missouri, 

13 authorized by section 204 of the Flood Control Act of 

14 1950, (64 Stat. 172) and modified by section 99 of the 

15 Water Resources Development Act of 1974 (88 Stat. 

16 41). 

17 (2) WILDWOOD CREEK, YUCAIPA, CALIFORNIA.—

18 The Secretary shall review the locally prepared plan 

19 for the project for flood damage, Wildwood Creek, 

20 California, referred to in subsection (a)(11) and, if 

21 the Secretary determines that the plan meets the eval22 uation and design standards of the Corps of Engi23 neers and that the plan is feasible, the Secretary may 

24 use the plan to carry out the project and shall provide 

25 credit toward the non-Federal share of the cost of the 
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1 project for the cost of work carried out by the non2 Federal interest before the date of the partnership 

3 agreement for the project if the Secretary determines 

4 that the work is integral to the project. 

5 (3) BORUP, MINNESOTA.—In carrying out the 

6 project for flood damage reduction, South Branch of 

7 the Wild Rice River, Borup, Minnesota, referred to in 

8 subsection (a)(21) the Secretary may consider na9 tional ecosystem restoration benefits in determining 

10 the Federal interest in the project and shall allow the 

11 non-Federal interest to participate in the financing of 

12 the project in accordance with section 903(c) of the 

13 Water Resources Development Act of 1986 (100 Stat. 

14 4184) to the extent that the Secretary’s evaluation in15 dicates that applying such section is necessary to im16 plement the project. 

17 (4) ITASCA COUNTY, MINNESOTA.—In carrying 

18 out the project for flood damage reduction, Itasca 

19 County, Minnesota, referred to in subsection (a)(18) 

20 the Secretary may consider national ecosystem res21 toration benefits in determining the Federal interest 

22 in the project. 

23 (5) DILLEY, TEXAS.—The Secretary shall carry 

24 out the project for flood damage reduction, Dilley, 
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1 Texas, referred to in subsection (a)(35) if the Sec2 retary determines that the project is feasible. 

3 SEC. 1003. SMALL PROJECTS FOR EMERGENCY 

4 STREAMBANK PROTECTION. 

5 The Secretary shall conduct a study for each of the 

6 following projects and, if the Secretary determines that a 

7 project is feasible, may carry out the project under section 

8 14 of the Flood Control Act of 1946 (33 U.S.C. 701r): 

9 (1) OUACHITA AND BLACK RIVERS, ARKANSAS

10 AND LOUISIANA.—Projects for emergency streambank 

11 protection, Ouachita and Black Rivers, Arkansas and 

12 Louisiana. 

13 (2) FRANKLIN POINT PARK, ANNE ARUNDEL

14 COUNTY, MARYLAND.—Project for emergency 

15 streambank protection, Franklin Point Park, Anne 

16 Arundel County, Maryland. 

17 (3) MAYO BEACH PARK, ANNE ARUNDEL COUNTY, 

18 MARYLAND.—Project for emergency streambank pro19 tection, Mayo Beach Park, Anne Arundel County, 

20 Maryland. 

21 (4) PINEY POINT LIGHTHOUSE, ST. MARY’S

22 COUNTY, MARYLAND.—Project for emergency 

23 streambank protection, Piney Point Lighthouse, St. 

24 Mary’s County, Maryland. 
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1 (5) ST. JOSEPH HARBOR, MICHIGAN.—Project for 

2 emergency streambank protection, St. Joseph Harbor, 

3 Michigan. 

4 (6) PUG HOLE LAKE, MINNESOTA.—Project for 

5 emergency streambank protection, Pug Hole Lake, 

6 Minnesota. 

7 (7) MIDDLE FORK GRAND RIVER, GENTRY COUN8 TY, MISSOURI.—Project for emergency streambank 

9 protection, Middle Fork Grand River, Gentry County, 

10 Missouri. 

11 (8) PLATTE RIVER, PLATTE CITY, MISSOURI.—

12 Project for emergency streambank protection, Platte 

13 River, Platte City, Missouri. 

14 (9) RUSH CREEK, PARKVILLE, MISSOURI.—

15 Project for emergency streambank protection, Rush 

16 Creek, Parkville, Missouri, including measures to ad17 dress degradation of the creek bed. 

18 (10) KEUKA LAKE, HAMMONDSPORT, NEW

19 YORK.—Project for emergency streambank protection, 

20 Keuka Lake, Hammondsport, New York. 

21 (11) KOWAWESE UNIQUE AREA AND HUDSON

22 RIVER, NEW WINDSOR, NEW YORK.—Project for emer23 gency streambank protection, Kowawese Unique Area 

24 and Hudson River, New Windsor, New York. 
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1 (12) HOWARD ROAD OUTFALL, SHELBY COUNTY, 

2 TENNESSEE.—Project for emergency streambank pro3 tection, Howard Road outfall, Shelby County, Ten4 nessee. 

5 (13) MITCH FARM DITCH AND LATERAL D, SHEL6 BY COUNTY, TENNESSEE.—Project for emergency 

7 streambank protection, Mitch Farm Ditch and Lat8 eral D, Shelby County, Tennessee. 

9 (14) WOLF RIVER TRIBUTARIES, SHELBY COUN10 TY, TENNESSEE.—Project for emergency streambank 

11 protection, Wolf River tributaries, Shelby County, 

12 Tennessee. 

13 (15) JOHNSON CREEK, ARLINGTON, TEXAS.—

14 Project for emergency streambank protection, Johnson 

15 Creek, Arlington, Texas. 

16 (16) WELLS RIVER, NEWBURY, VERMONT.—

17 Project for emergency streambank protection, Wells 

18 River, Newbury, Vermont. 

19 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

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

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

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

23 project under section 107 of the River and Harbor Act of 

24 1960 (33 U.S.C. 577): 
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1 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN2 SAS.—Project for navigation, Blytheville County Har3 bor, Arkansas. 

4 (2) MAHUKONA BEACH PARK, HAWAII.—Project 

5 for navigation, Mahukona Beach Park, Hawaii. 

6 (3) NORTH KOHALA HARBOR, HAWAII.—Project 

7 for navigation, North Kohala Harbor in the vicinity 

8 of Kailua Kona, Hawaii. 

9 (4) WAILOA SMALL BOAT HARBOR, HAWAII.—

10 Project for navigation, Wailoa Small Boat Harbor, 

11 Hawaii. 

12 (5) MISSISSIPPI RIVER SHIP CHANNEL, LOU13 ISIANA.—Project for navigation, Mississippi River 

14 Ship Channel, Louisiana. 

15 (6) PORT TOBACCO RIVER AND GOOSE CREEK, 

16 MARYLAND.—Project for navigation, Port Tobacco 

17 River and Goose Creek, Maryland. 

18 (7) ST. JEROME CREEK, ST. MARY’S COUNTY, 

19 MARYLAND.—Project for navigation, St. Jerome 

20 Creek, St. Mary’s County, Maryland. 

21 (8) EAST BASIN, CAPE COD CANAL, SANDWICH, 

22 MASSACHUSETTS.—Project for navigation, East 

23 Basin, Cape Cod Canal, Sandwich, Massachusetts. 
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1 (9) LYNN HARBOR, LYNN, MASSACHUSETTS.—

2 Project for navigation, Lynn Harbor, Lynn, Massa3 chusetts. 

4 (10) MERRIMACK RIVER, HAVERHILL, MASSA5 CHUSETTS.—Project for navigation, Merrimack 

6 River, Haverhill, Massachusetts. 

7 (11) OAK BLUFFS HARBOR, OAK BLUFFS, MASSA8 CHUSETTS.—Project for navigation, Oak Bluffs Har9 bor, Oak Bluffs, Massachusetts. 

10 (12) WOODS HOLE GREAT HARBOR, FALMOUTH, 

11 MASSACHUSETTS.—Project for navigation, Woods 

12 Hole Great Harbor, Falmouth, Massachusetts. 

13 (13) AU SABLE RIVER, MICHIGAN.—Project for 

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

15 Michigan. 

16 (14) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

17 MICHIGAN.—Project for navigation, Traverse City 

18 Harbor, Traverse City, Michigan. 

19 (b) SPECIAL RULES.—

20 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN21 SAS.—The Secretary shall carry out the project for 

22 navigation, Blytheville County Harbor, Arkansas, re23 ferred to in subsection (a)(1) if the Secretary deter24 mines that the project is feasible. 
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1 (2) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

2 MICHIGAN.—The Secretary shall review the locally 

3 prepared plan for the project for navigation, Traverse 

4 City Harbor, Michigan, referred to in subsection 

5 (a)(14), and, if the Secretary determines that the plan 

6 meets the evaluation and design standards of the 

7 Corps of Engineers and that the plan is feasible, the 

8 Secretary may use the plan to carry out the project 

9 and shall provide credit toward the non-Federal share 

10 of the cost of the project for the cost of work carried 

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

12 partnership agreement for the project if the Secretary 

13 determines that the work is integral to the project. 

14 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

15 QUALITY OF THE ENVIRONMENT. 

16 The Secretary shall conduct a study for each of the 

17 following projects and, if the Secretary determines that a 

18 project is appropriate, may carry out the project under sec19 tion 1135 of the Water Resources Development Act of 1986 

20 (33 U.S.C. 2309a): 

21 (1) BALLONA CREEK, LOS ANGELES COUNTY, 

22 CALIFORNIA.—Project for improvement of the quality 

23 of the environment, Ballona Creek, Los Angeles Coun24 ty, California. 
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1 (2) BALLONA LAGOON TIDE GATES, MARINA DEL

2 REY, CALIFORNIA.—Project for improvement of the 

3 quality of the environment, Ballona Lagoon Tide 

4 Gates, Marina Del Rey, California. 

5 (3) RATHBUN LAKE, IOWA.—Project for improve6 ment of the quality of the environment, Rathbun 

7 Lake, Iowa. 

8 (4) SMITHVILLE LAKE, MISSOURI.—Project for 

9 improvement of the quality of the environment, 

10 Smithville Lake, Missouri. 

11 (5) DELAWARE BAY, NEW JERSEY AND DELA12 WARE.—Project for improvement of the quality of the 

13 environment, Delaware Bay, New Jersey and Dela14 ware, for the purpose of oyster restoration. 

15 (6) TIOGA-HAMMOND LAKES, PENNSYLVANIA.—

16 Project for improvement of the quality of the environ17 ment, Tioga-Hammond Lakes, Pennsylvania. 

18 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

19 RESTORATION. 

20 The Secretary shall conduct a study for each of the 

21 following projects and, if the Secretary determines that a 

22 project is appropriate, may carry out the project under sec23 tion 206 of the Water Resources Development Act of 1996 

24 (33 U.S.C. 2330): 
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1 (1) CYPRESS CREEK, MONTGOMERY, ALABAMA.—

2 Project for aquatic ecosystem restoration, Cypress 

3 Creek, Montgomery, Alabama. 

4 (2) BEN LOMOND DAM, SANTA CRUZ, CALI5 FORNIA.—Project for aquatic ecosystem restoration, 

6 Ben Lomond Dam, Santa Cruz, California. 

7 (3) DOCKWEILER BLUFFS, LOS ANGELES COUN8 TY, CALIFORNIA.—Project for aquatic ecosystem res9 toration, Dockweiler Bluffs, Los Angeles County, Cali10 fornia. 

11 (4) SALT RIVER, CALIFORNIA.—Project for 

12 aquatic ecosystem restoration, Salt River, California. 

13 (5) SANTA ROSA CREEK, SANTA ROSA, CALI14 FORNIA.—Project for aquatic ecosystem restoration, 

15 Santa Rosa Creek in the vicinity of the Prince Memo16 rial Greenway, Santa Rosa, California. 

17 (6) STOCKTON DEEP WATER SHIP CHANNEL AND

18 LOWER SAN JOAQUIN RIVER, CALIFORNIA.—Project for 

19 aquatic ecosystem restoration, Stockton Deep Water 

20 Ship Channel and lower San Joaquin River, Cali21 fornia. 

22 (7) SWEETWATER RESERVOIR, SAN DIEGO COUN23 TY, CALIFORNIA.—Project for aquatic ecosystem res24 toration, Sweetwater Reservoir, San Diego County, 
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1 California, including efforts to address invasive 

2 aquatic plant species. 

3 (8) BAYOU TEXAR, PENSACOLA, FLORIDA.—

4 Project for aquatic ecosystem restoration, Bayou 

5 Texar, Pensacola, Florida. 

6 (9) BISCAYNE BAY, FLORIDA.—Project for aquat7 ic ecosystem restoration, Biscayne Bay, Key Bis8 cayne, Florida. 

9 (10) CLAM BAYOU AND DINKINS BAYOU, SANIBEL

10 ISLAND, FLORIDA.—Project for aquatic ecosystem res11 toration, Clam Bayou and Dinkins Bayou, Sanibel 

12 Island, Florida. 

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

14 aquatic ecosystem restoration, Destin Harbor, Flor15 ida. 

16 (12) CHATTAHOOCHEE FALL LINE, GEORGIA AND

17 ALABAMA.—Project for aquatic ecosystem restoration, 

18 Chattahoochee Fall Line, Georgia and Alabama. 

19 (13) LONGWOOD COVE, GAINESVILLE, GEOR20 GIA.—Project for aquatic ecosystem restoration, 

21 Longwood Cove, Gainesville, Georgia. 

22 (14) CITY PARK, UNIVERSITY LAKES, LOU23 ISIANA.—Project for aquatic ecosystem restoration, 

24 City Park, University Lakes, Louisiana. 
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1 (15) MILL POND, LITTLETON, MASSACHU2 SETTS.—Project for aquatic ecosystem restoration, 

3 Mill Pond, Littleton, Massachusetts. 

4 (16) PINE TREE BROOK, MILTON, MASSACHU5 SETTS.—Project for aquatic ecosystem restoration, 

6 Pine Tree Brook, Milton, Massachusetts. 

7 (17) KALAMAZOO RIVER WATERSHED, BATTLE

8 CREEK, MICHIGAN.—Project for aquatic ecosystem res9 toration, Kalamazoo River watershed, Battle Creek, 

10 Michigan. 

11 (18) RUSH LAKE, MINNESOTA.—Project for 

12 aquatic ecosystem restoration, Rush Lake, Minnesota. 

13 (19) SOUTH FORK OF THE CROW RIVER, HUTCH14 INSON, MINNESOTA.—Project for aquatic ecosystem 

15 restoration, South Fork of the Crow River, Hutch16 inson, Minnesota. 

17 (20) ST. LOUIS COUNTY, MISSOURI.—Project for 

18 aquatic ecosystem restoration, St. Louis County, Mis19 souri. 

20 (21) TRUCKEE RIVER, RENO, NEVADA.—Project 

21 for aquatic ecosystem restoration, Truckee River, 

22 Reno, Nevada, including features for fish passage. 

23 (22) GROVER’S MILL POND, NEW JERSEY.—

24 Project for aquatic ecosystem restoration, Grover’s 

25 Mill Pond, New Jersey. 
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1 (23) DUGWAY CREEK, BRATENAHL, OHIO.—

2 Project for aquatic ecosystem restoration, Dugway 

3 Creek, Bratenahl, Ohio. 

4 (24) JOHNSON CREEK, GRESHAM, OREGON.—

5 Project for aquatic ecosystem restoration, Johnson 

6 Creek, Gresham, Oregon. 

7 (25) BEAVER CREEK, BEAVER AND SALEM, PENN8 SYLVANIA.—Project for aquatic ecosystem restoration, 

9 Beaver Creek, Beaver and Salem, Pennsylvania. 

10 (26) CEMENTON DAM, LEHIGH RIVER, PENNSYL11 VANIA.—Project for aquatic ecosystem restoration, 

12 Cementon Dam, Lehigh River, Pennsylvania. 

13 (27) DELAWARE RIVER, PHILADELPHIA NAVAL

14 SHIPYARD, PENNSYLVANIA.—Project for aquatic eco15 system restoration, Delaware River in the vicinity of 

16 the Philadelphia Naval Shipyard, Pennsylvania. 

17 (28) SAUCON CREEK, NORTHAMPTON COUNTY, 

18 PENNSYLVANIA.—Project for aquatic ecosystem res19 toration, Saucon Creek, Northampton County, Penn20 sylvania. 

21 (29) BLACKSTONE RIVER, RHODE ISLAND.—

22 Project for aquatic ecosystem restoration, Blackstone 

23 River, Rhode Island. 
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1 (30) WILSON BRANCH, CHERAW, SOUTH CARO2 LINA.—Project for aquatic ecosystem restoration, Wil3 son Branch, Cheraw, South Carolina. 

4 (31) WHITE RIVER, BETHEL, VERMONT.—Project 

5 for aquatic ecosystem restoration, White River, Bethel, 

6 Vermont. 

7 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION. 

8 The Secretary shall conduct a study for each of the 

9 following projects and, if the Secretary determines that a 

10 project is feasible, may carry out the project under section 

11 3 of the Act entitled ‘‘An Act authorizing Federal participa12 tion in the cost of protecting the shores of publicly owned 

13 property’’, approved August 13, 1946 (33 U.S.C. 426g): 

14 (1) NELSON LAGOON, ALASKA.—Project for shore15 line protection, Nelson Lagoon, Alaska. 

16 (2) SANIBEL ISLAND, FLORIDA.—Project for 

17 shoreline protection, Sanibel Island, Florida. 

18 (3) APRA HARBOR, GUAM.—Project for shoreline 

19 protection, Apra Harbor, Guam. 

20 (4) PITI, CABRAS ISLAND, GUAM.—Project for 

21 shoreline protection, Piti, Cabras Island, Guam. 

22 (5) NARROWS AND GRAVESEND BAY, UPPER NEW

23 YORK BAY, BROOKLYN, NEW YORK.—Project for shore24 line protection in the vicinity of the confluence of the 
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1 Narrows and Gravesend Bay, Upper New York Bay, 

2 Brooklyn, New York. 

3 (6) DELAWARE RIVER, PHILADELPHIA NAVAL

4 SHIPYARD, PENNSYLVANIA.—Project for shoreline pro5 tection, Delaware River in the vicinity of the Phila6 delphia Naval Shipyard, Pennsylvania. 

7 (7) PORT ARANSAS, TEXAS.—Project for shoreline 

8 protection, Port Aransas, Texas. 

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

11 The Secretary shall conduct a study for the following 

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

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

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

16 straightening of channels for flood control, Kowawese 

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

18 TITLE II—GENERAL PROVISIONS 

19 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 

20 Section 103 of the Water Resources Development Act 

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

22 the following: 

23 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.—

24 ‘‘(1) PROHIBITION ON SOLICITATION OF EXCESS

25 CONTRIBUTIONS.—The Secretary may not solicit con-
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1 tributions from non-Federal interests for costs of con2 structing authorized water resources development 

3 projects or measures in excess of the non-Federal 

4 share assigned to the appropriate project purposes 

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

6 Federal participation in such projects or measures on 

7 the receipt of such contributions. 

8 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC9 TION.—Nothing in this subsection shall be construed 

10 to affect the Secretary’s authority under section 

11 903(c) of this Act.’’. 

12 SEC. 2002. HARBOR COST SHARING. 

13 (a) PAYMENTS DURING CONSTRUCTION.—Section 

14 101(a)(1) of the Water Resources Development Act of 1986 

15 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended in each 

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

17 inserting ‘‘53 feet’’. 

18 (b) OPERATION AND MAINTENANCE.—Section 

19 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

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

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

22 2241; 100 Stat. 4108) is amended in each of paragraphs 

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

24 (d) APPLICABILITY.—The amendments made by sub25 sections (a), (b), and (c) shall apply only to a project, or 
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1 separable element of a project, on which a contract for phys2 ical construction has not been awarded before October 1, 

3 2003. 

4 (e) REVISION OF PARTNERSHIP AGREEMENT.—The 

5 Secretary shall revise any partnership agreement entered 

6 into after October 1, 2003, for any project to which the 

7 amendments made by subsections (a), (b), and (c) apply 

8 to take into account the change in non-Federal participa9 tion in the project as a result of such amendments. 

10 SEC. 2003. FUNDING TO PROCESS PERMITS. 

11 Section 214 of the Water Resources Development Act 

12 of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 Stat. 

13 1836) is amended—

14 (1) in subsection (a) by striking ‘‘In fiscal years 

15 2001 through 2005, the’’ and inserting ‘‘The’’; and 

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

17 ‘‘(c) DURATION OF AUTHORITY.—The authority pro18 vided under this section shall be in effect from October 1, 

19 2000, through December 31, 2007.’’. 

20 SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DE21 VELOPMENT AND DEMONSTRATION PRO22 GRAM. 

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

24 entitled ‘‘An Act authorizing Federal participation in the 

25 cost of protecting the shores of publicly owned property’’, 
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1 approved August 13, 1946 (33 U.S.C. 426h(a)), is amended 

2 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.—Section 

8 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 under 

21 the erosion control program if the Secretary deter22 mines during the term of the program that the project 

23 or element is detrimental to the environment, private 

24 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 by 

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

4 SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 

5 PROTECTION PROJECTS. 

6 Section 3 of the Act entitled ‘‘An Act authorizing Fed7 eral participation in the cost of protecting the shores of pub8 licly owned property’’, approved August 13, 1946 (33 

9 U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ and in10 serting ‘‘$5,000,000’’. 

11 SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES 

12 PROJECTS. 

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

14 Flood Control Act of 1970 (42 U.S.C. 1962d–5b) is amend15 ed—

16 (1) in subsection (a)—

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

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

19 inserting ‘‘under any’’; 

20 (B) by striking ‘‘to furnish its required co21 operation for’’ and inserting ‘‘under which each 

22 party agrees to carry out its responsibilities and 

23 requirements for implementation or construction 

24 of’’; and 
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1 (C) by inserting after ‘‘$25,000.’’ the fol2 lowing: ‘‘Such agreement may include a provi3 sion for damages in the event of a failure of one 

4 or more parties to perform.’’; 

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

6 (f); and 

7 (3) by inserting after subsection (d) the fol8 lowing: 

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

10 construed as limiting the authority of the Secretary to en11 sure that an agreement under this section meets all require12 ments of law and policies of the Secretary in effect on the 

13 date of entry into the agreement.’’. 

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

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

16 is amended—

17 (1) in paragraph (2)—

18 (A) by striking ‘‘shall’’ the first place it ap19 pears and inserting ‘‘may’’; and 

20 (B) by striking the last sentence; and 

21 (2) in paragraph (4)—

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

23 following: ‘‘payment of damages or, for’’; 

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

25 imposed under this section,’’; and 
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1 (C) by striking ‘‘any civil penalty imposed 

2 under this section,’’ and inserting ‘‘any dam3 ages,’’. 

4 (c) APPLICABILITY.—The amendments made by sub5 sections (a) and (b) only apply to partnership agreements 

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

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

8 the district engineer for the district in which the project 

9 is located may amend a project partnership agreement en10 tered into on or before such date and under which construc11 tion on the project has not been initiated as of such date 

12 of enactment for the purpose of incorporating such amend13 ments. 

14 (d) PARTNERSHIP AND COOPERATIVE ARRANGE15 MENTS.—

16 (1) IN GENERAL.—A goal of agreements entered 

17 into under section 221 of the Flood Control Act of 

18 1970 (42 U.S.C. 1962d–5(b)) shall be to further part19 nership and cooperative arrangements, and the agree20 ments shall be referred to as ‘‘partnership agree21 ments’’. 

22 (2) REFERENCES TO COOPERATION AGREE23 MENTS.—Any reference in a law, regulation, docu24 ment, or other paper of the United States to a co25 operation agreement or project cooperation agreement 
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1 shall be considered to be a reference to a partnership 

2 agreement or a project partnership agreement, respec3 tively. 

4 (3) REFERENCES TO PARTNERSHIP AGREE5 MENTS.—Any reference to a partnership agreement or 

6 project partnership agreement in this Act (other than 

7 this section) shall be considered as a reference to a co8 operation agreement or a project cooperation agree9 ment, respectively. 

10 (e) DELEGATION OF AUTHORITY.—Not later than Sep11 tember 30, 2006, the Secretary shall issue policies and 

12 guidelines for partnership agreements that delegate to the 

13 district engineers, at a minimum—

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

15 partnership agreement that has appeared in an agree16 ment previously approved by the Secretary; 

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

18 partnership agreement the specific terms of which are 

19 dictated by law, or by a final feasibility study, final 

20 environmental impact statement, or other final deci21 sion document for a water resources development 

22 project; 

23 (3) the authority to approve any partnership 

24 agreement that complies with the policies and guide25 lines issued by the Secretary; and 
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1 (4) the authority to sign any partnership agree2 ment for any water resources development project un3 less, within 30 days of the date of authorization of the 

4 project, the Secretary notifies the district engineer in 

5 which the project will be carried out that the Sec6 retary wishes to retain the prerogative to sign the 

7 partnership agreement for that project. 

8 (f) REPORT TO CONGRESS.—Not later than 2 years 

9 after the date of enactment of this Act, and every year there10 after, the Secretary shall submit to Congress a report detail11 ing the following: 

12 (1) the number of partnership agreements signed 

13 by district engineers and the number of partnership 

14 agreements signed by the Secretary, and 

15 (2) for any partnership agreement signed by the 

16 Secretary, an explanation of why delegation to the 

17 district engineer was not appropriate. 

18 (g) PUBLIC AVAILABILITY.—Not later than the 120th 

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

20 of Engineers shall ensure that each district engineer has 

21 made available on the Internet all partnership agreements 

22 entered into under section 221 of the Flood Control Act of 

23 1970 (42 U.S.C. 1962d–5(b)) within the preceding 10 years 

24 and all partnership agreements for water resources develop25 ment projects currently being carried out in that district 
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1 and shall make any partnership agreements entered into 

2 after such date of enactment available on the Internet with3 in 7 days of the date on which such agreement is entered 

4 into. 

5 SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION, 

6 AND REUSE. 

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

8 and local governments assessment, planning, and design as9 sistance for remediation, environmental restoration, or 

10 reuse of areas located within the boundaries of such State 

11 or local governments where such remediation, environ12 mental restoration, or reuse will contribute to the improve13 ment of water quality or the conservation of water and re14 lated resources of drainage basins and watersheds within 

15 the United States. 

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

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

18 be 50 percent. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $30,000,000 for each of fiscal years 2006 through 2010. 

22 SEC. 2008. COMPILATION OF LAWS. 

23 Within one year after the date of enactment of this 

24 Act, the laws of the United States relating to the improve25 ment of rivers and harbors, flood control, beach erosion, and 
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1 other water resources development enacted after November 

2 8, 1966, and before January 1, 2006, shall be compiled 

3 under the direction of the Secretary and the Chief of Engi4 neers and printed for the use of the Department of the 

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

6 reprint the volumes containing such laws enacted before No7 vember 8, 1966. In addition, the Secretary shall include an 

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

9 than December 1, 2006, the Secretary shall transmit at least 

10 25 copies of each such volume to the Committee on Trans11 portation and Infrastructure of the House of Representa12 tives and the Committee on Environment and Public Works 

13 of the Senate. The Secretary shall also ensure that such com14 pilations are available through electronic means, including 

15 the Internet. 

16 SEC. 2009. DREDGED MATERIAL DISPOSAL. 

17 Section 217 of the Water Resources Development Act 

18 of 1996 (33 U.S.C. 2326a; 110 Stat. 3694–3696) is amend19 ed—

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

21 (d); 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) GOVERNMENTAL PARTNERSHIPS.—
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1 ‘‘(1) IN GENERAL.—The Secretary may enter 

2 into cost sharing agreements with one or more non3 Federal public interests with respect to a project, or 

4 group of projects within a geographic region if appro5 priate, for the acquisition, design, construction, man6 agement, or operation of a dredged material proc7 essing, treatment, contaminant reduction, or disposal 

8 facility (including any facility used to demonstrate 

9 potential beneficial uses of dredged material, which 

10 may include effective sediment contaminant reduction 

11 technologies) using funds provided in whole or in part 

12 by the Federal Government. One or more of the par13 ties of the agreement may perform the acquisition, de14 sign, construction, management, or operation of a 

15 dredged material processing, treatment, or disposal 

16 facility. If appropriate, the Secretary may combine 

17 portions of separate construction or maintenance ap18 propriations from separate Federal projects with the 

19 appropriate combined cost sharing between the var20 ious projects when the facility serves to manage 

21 dredged material from multiple Federal projects lo22 cated in the geographic region of the facility. 

23 ‘‘(2) PUBLIC FINANCING.—

24 ‘‘(A) AGREEMENTS.—
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1 ‘‘(i) SPECIFIED FEDERAL FUNDING

2 SOURCES AND COST SHARING.—The cost3 sharing agreement used shall clearly specify 

4 the Federal funding sources and combined 

5 cost sharing when applicable to multiple 

6 Federal navigation projects and the respon7 sibilities and risks of each of the parties re8 lated to present and future dredged material 

9 managed by the facility. 

10 ‘‘(ii) MANAGEMENT OF SEDIMENTS.—

11 The cost-sharing agreement may include the 

12 management of sediments from the mainte13 nance dredging of Federal navigation 

14 projects that do not have partnership agree15 ments. The cost-sharing agreement may 

16 allow the non-Federal sponsor to receive re17 imbursable payments from the Federal Gov18 ernment for commitments made by the 

19 sponsor for disposal or placement capacity 

20 at dredged material treatment, processing, 

21 contaminant reduction, or disposal facili22 ties. 

23 ‘‘(iii) CREDIT.—The cost-sharing 

24 agreement may allow costs incurred prior to 

25 execution of a partnership agreement for 
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1 construction or the purchase of equipment 

2 or capacity for the project to be credited ac3 cording to existing cost-sharing rules. 

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

5 supersedes or modifies existing agreements be6 tween the Federal Government and any non-Fed7 eral sponsors for the cost sharing, construction, 

8 and operation and maintenance of Federal navi9 gation projects. Subject to the approval of the 

10 Secretary and in accordance with existing laws, 

11 regulations, and policies, a non-Federal public 

12 sponsor of a Federal navigation project may seek 

13 credit for funds provided in the acquisition, de14 sign, construction, management, or operation of 

15 a dredged material processing, treatment, or dis16 posal facility to the extent the facility is used to 

17 manage dredged material from the Federal navi18 gation project. The non-Federal sponsor shall be 

19 responsible for providing all necessary lands, 

20 easements, rights-of-way, or relocations associ21 ated with the facility and shall receive credit for 

22 these items.’’; and 

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

24 as so redesignated—
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1 (A) by inserting ‘‘and maintenance’’ after 

2 ‘‘operation’’; and 

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

4 after ‘‘dredged material’’ the first place it ap5 pears. 

6 SEC. 2010. WETLANDS MITIGATION. 

7 In carrying out a water resources project that involves 

8 wetlands mitigation and that has impacts that occur within 

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

10 maximum extent practicable and where appropriate, shall 

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

12 contains sufficient available credits to offset the impact and 

13 the bank is approved in accordance with the Federal Guid14 ance for the Establishment, Use and Operation of Mitiga15 tion Banks (60 Fed. Reg. 58605) or other applicable Federal 

16 law (including regulations). 

17 SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. 

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

19 and navigation improvements, the Secretary may rec20 ommend a project without the need to demonstrate that the 

21 project is justified solely by national economic development 

22 benefits if the Secretary determines that—

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

24 is at least 70 miles from the nearest surface accessible 

25 commercial port and has no direct rail or highway 
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1 link to another community served by a surface acces2 sible port or harbor; or 

3 (B) the project would be located in the Common4 wealth of Puerto Rico, Guam, the Commonwealth of 

5 the Northern Mariana Islands, or American Samoa; 

6 (2) the harbor is economically critical such that 

7 over 80 percent of the goods transported through the 

8 harbor would be consumed within the community 

9 served by the harbor and navigation improvement; 

10 and 

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

12 would be threatened without the harbor and naviga13 tion improvement. 

14 (b) JUSTIFICATION.—In considering whether to rec15 ommend a project under subsection (a), the Secretary shall 

16 consider the benefits of the project to—

17 (1) public health and safety of the local commu18 nity, including access to facilities designed to protect 

19 public health and safety; 

20 (2) access to natural resources for subsistence 

21 purposes; 

22 (3) local and regional economic opportunities; 

23 (4) welfare of the local population; and 

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

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

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

4 striking subsections (c) through (g) and inserting the fol5 lowing: 

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

7 projects to transport and place sediment obtained in con8 nection with the construction, operation, or maintenance of 

9 an authorized water resources project at locations selected 

10 by a non-Federal entity for use in the construction, repair, 

11 or rehabilitation of projects determined by the Secretary to 

12 be in the public interest and associated with navigation, 

13 flood damage reduction, hydroelectric power, municipal 

14 and industrial water supply, agricultural water supply, 

15 recreation, hurricane and storm damage reduction, aquatic 

16 plant control, and environmental protection and restora17 tion. 

18 ‘‘(d) COOPERATIVE AGREEMENT.—Any project under19 taken pursuant to this section shall be initiated only after 

20 non-Federal interests have entered into an agreement with 

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

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

23 project and 100 percent of the cost of operation, mainte24 nance, replacement, and rehabilitation of the project in ac25 cordance with section 103 of the Water Resources Develop26 ment Act of 1986 (33 U.S.C. 2213). 
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1 ‘‘(e) SPECIAL RULE.—Construction of a project under 

2 subsection (a) for one or more of the purposes of protection, 

3 restoration, or creation of aquatic and ecologically related 

4 habitat, the cost of which does not exceed $750,000 and 

5 which will be located in a disadvantaged community as de6 termined by the Secretary, may be carried out at Federal 

7 expense. 

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

9 Costs associated with construction of a project under this 

10 section shall be limited solely to construction costs that are 

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

12 for construction, operation, or maintenance of the author13 ized water resources project in the most cos- effective way, 

14 consistent with economic, engineering, and environmental 

15 criteria. 

16 ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METHOD.—

17 In developing and carrying out a water resources project 

18 involving the disposal of sediment, the Secretary may select, 

19 with the consent of the non-Federal interest, a disposal 

20 method that is not the least cost option if the Secretary de21 termines that the incremental costs of such disposal method 

22 are reasonable in relation to the environmental benefits, in23 cluding the benefits to the aquatic environment to be derived 

24 from the creation of wetlands and control of shoreline ero-
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1 sion. The Federal share of such incremental costs shall be 

2 determined in accordance with subsections (d) and (f). 

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

4 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

5 5b), for any project carried out under this section, a non6 Federal interest may include a nonprofit entity, with the 

7 consent of the affected local government. 

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

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

10 projects under this section of which not more than 

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

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

13 available until expended. 

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

15 In consultation with appropriate State and Federal agen16 cies, the Secretary may develop, at Federal expense, plans 

17 for regional management of sediment obtained in conjunc18 tion with the construction, operation, or maintenance of 

19 water resources projects, including potential beneficial uses 

20 of sediment for construction, repair, or rehabilitation of 

21 public projects for navigation, flood damage reduction, hy22 droelectric power, municipal and industrial water supply, 

23 agricultural water supply, recreation, hurricane and storm 

24 damage reduction, aquatic plant control, and environ25 mental protection and restoration. 
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1 ‘‘(k) USE OF FUNDS.—

2 ‘‘(1) NON-FEDERAL INTEREST.—The non-Federal 

3 interest for a project described in this section may 

4 use, and the Secretary shall accept, funds provided 

5 under any other Federal program, to satisfy, in whole 

6 or in part, the non-Federal share of the cost of such 

7 project if such funds are authorized to be used to 

8 carry out such project. 

9 ‘‘(2) OTHER FEDERAL AGENCIES.—The non-Fed10 eral share of the cost of construction of a project 

11 under this section may be met through contributions 

12 from a Federal agency made directly to the Secretary, 

13 with the consent of the affected local government, if 

14 such funds are authorized to be used to carry out such 

15 project. Before initiating a project to which this para16 graph applies, the Secretary shall enter into an agree17 ment with a non-Federal interest in which the non18 Federal interest agrees to pay 100 percent of the cost 

19 of operation, maintenance, replacement, and rehabili20 tation of the project.’’. 

21 (b) REPEAL.—

22 (1) IN GENERAL.—Section 145 of the Water Re23 sources Development Act of 1976 (33 U.S.C. 426j) is 

24 repealed. 
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1 (2) HOLD HARMLESS.—The repeal made by 

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

3 Secretary to complete any project being carried out 

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

5 enactment of this Act. 

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

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

8 2326), the Secretary shall give priority to the following: 

9 (1) A project at Little Rock Slackwater Harbor, 

10 Arkansas. 

11 (2) A project at Egmont Key, Florida. 

12 (3) A project in the vicinity of Calcasieu Ship 

13 Channel, Louisiana. 

14 (4) A project in the vicinity of the Smith Point 

15 Park Pavilion and the TWA Flight 800 Memorial, 

16 Brookhaven, New York. 

17 (5) A project in the vicinity of Morehead City, 

18 North Carolina. 

19 (6) A project in the vicinity of Galveston Bay, 

20 Texas. 

21 SEC. 2013. COST-SHARING PROVISIONS FOR CERTAIN 

22 AREAS. 

23 Section 1156 of the Water Resources Development Act 

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

25 read as follows: 
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1 ‘‘SEC. 1156. COST-SHARING PROVISIONS FOR CERTAIN 

2 AREAS. 

3 ‘‘(a) IN GENERAL.—The Secretary shall waive local 

4 cost-sharing requirements up to $500,000 for all studies and 

5 projects in the Commonwealth of Puerto Rico, American 

6 Samoa, Guam, the Commonwealth of the Northern Mariana 

7 Islands, and the United States Virgin Islands, in Indian 

8 country (as defined in section 1151 of title 18, United 

9 States Code, and including lands that are within the juris10 dictional area of an Oklahoma Indian tribe, as determined 

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

12 Secretary of the Interior as eligible for trust land status 

13 under part 151 of title 25, Code of Federal Regulations) 

14 or on land in the State of Alaska owned by an Alaska Na15 tive Regional Corporation or an Alaska Native Village Cor16 poration (as those terms are defined in the Alaska Native 

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

18 Metlakatla Indian community. 

19 ‘‘(b) USE OF FUNDS.—The non-Federal interest for a 

20 study or project for an area described in subsection (a) may 

21 use, and the Secretary shall accept, funds provided under 

22 any other Federal program, to satisfy, in whole or in part, 

23 the non-Federal share of such study or project if such funds 

24 are authorized to be used to carry out such study or 

25 project.’’. 
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1 SEC. 2014. REVISION OF PROJECT PARTNERSHIP AGREE2 MENT. 

3 Upon authorization by law of an increase in the max4 imum amount of Federal funds that may be allocated for 

5 a project or an increase in the total cost of a project author6 ized to be carried out by the Secretary, the Secretary shall 

7 revise the project partnership agreement for the project to 

8 take into account the change in Federal participation in 

9 the project. 

10 SEC. 2015. COST SHARING. 

11 An increase in the maximum amount of Federal funds 

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

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

14 Secretary shall not affect any cost-sharing requirement ap15 plicable to the project under title I of the Water Resources 

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

17 SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PART18 NERSHIP AGREEMENT. 

19 If the Secretary is authorized to credit toward the non20 Federal share the cost of work carried out by the non-Fed21 eral interest before the date of the partnership agreement 

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

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

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

25 project under which the non-Federal interest shall carry out 
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1 such work, and the credit shall apply only to work carried 

2 out under the agreement. 

3 SEC. 2017. RECREATION USER FEE REVENUES. 

4 Section 225 of the Water Resources Development Act 

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

6 (1) in subsection (a)(1)—

7 (A) by striking ‘‘During fiscal years 1999 

8 through 2002, the’’ and inserting ‘‘The’’; and 

9 (B) by striking ‘‘$34,000,000’’ and inserting 

10 ‘‘$42,000,000’’; and 

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

12 30, 2005’’ and inserting ‘‘expended’’. 

13 SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

14 DAMAGE REDUCTION. 

15 The Secretary shall expedite any authorized planning, 

16 design, and construction of any project for flood damage 

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

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

19 and caused damage of sufficient severity and magnitude to 

20 warrant a declaration of a major disaster by the President 

21 under the Robert T. Stafford Disaster and Emergency Re22 lief Act (42 U.S.C. 5121 et seq.). 
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1 SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS. 

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

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

4 2588; 100 Stat. 4164) is amended—

5 (1) in subsection (d)—

6 (A) by striking ‘‘and’’ at the end of para7 graph (4); 

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

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

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

11 ‘‘(6) Tuscarawas River Basin, Ohio; 

12 ‘‘(7) Sauk River Basin, Snohomish and Skagit 

13 Counties, Washington; 

14 ‘‘(8) Niagara River Basin, New York; and 

15 ‘‘(9) Genesee River Basin, New York.’’; 

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

17 and inserting the following: 

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

19 share of the costs of an assessment carried out under 

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

21 25 percent.’’; and 

22 (3) by striking subsection (g). 

23 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

24 Secretary shall revise the partnership agreement for any as25 sessment being carried out under such section 729 to take 

26 into account the change in non-Federal participation in the 
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1 assessment as a result of the amendments made by sub2 section (a). 

3 SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. 

4 (a) SCOPE.—Section 203(b)(1)(B) of the Water Re5 sources Development Act of 2000 (33 U.S.C. 2269(b)(1)(B); 

6 114 Stat. 2589) is amended by inserting after ‘‘Code’’ the 

7 following: ‘‘, and including lands that are within the juris8 dictional area of an Oklahoma Indian tribe, as determined 

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

10 Secretary of the Interior as eligible for trust land status 

11 under part 151 of title 25, Code of Federal Regulations’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 203(e) of such Act is amended by striking ‘‘2006’’ and in14 serting ‘‘2010’’. 

15 SEC. 2021. WILDFIRE FIREFIGHTING. 

16 Section 309 of Public Law 102–154 (42 U.S.C. 1856a–

17 1; 105 Stat. 1034) is amended by inserting ‘‘the Secretary 

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

19 SEC. 2022. CREDIT FOR NONCONSTRUCTION SERVICES. 

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

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

22 project costs for any authorized water resources development 

23 project for the cost of materials and in-kind services, includ24 ing design and management services but not including con-
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1 struction, provided by the non-Federal interest for carrying 

2 out the project. 

3 (b) LIMITATION.—Credit authorized under subsection 

4 (a)—

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

6 project costs; 

7 (2) shall not alter any other requirements that 

8 require a non-Federal interest to provide lands, ease9 ments, rights-of-way, and dredged material disposal 

10 areas for the project; 

11 (3) shall not exceed the actual and reasonable 

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

13 the non-Federal interest, as determined by the Sec14 retary; and 

15 (4) shall not be allowed unless the Secretary has 

16 determined that such materials or services are inte17 gral to the project. 

18 SEC. 2023. TECHNICAL ASSISTANCE. 

19 Section 22 of the Water Resources Development Act of 

20 1974 (42 U.S.C. 1962d–16) is amended—

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

22 and inserting the following: 

23 ‘‘(a) FEDERAL STATE COOPERATION.—

24 ‘‘(1) COMPREHENSIVE PLANS.—The Secretary’’; 
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1 (2) by inserting after the last sentence in sub2 section (a) the following: 

3 ‘‘(2) TECHNICAL ASSISTANCE.—

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

5 governmental agency or non-Federal inter6 est, the Secretary may provide, at Federal 

7 expense, technical assistance to such agency 

8 or non-Federal interest in managing water 

9 resources. 

10 ‘‘(B) TYPES OF ASSISTANCE.—Tech11 nical assistance under this paragraph may 

12 include provision and integration of hydro13 logic, economic, and environmental data 

14 and analyses.’’; 

15 (3) in subsection (b)(1) by striking ‘‘this section’’ 

16 each place it appears and inserting ‘‘subsection 

17 (a)(1)’’; 

18 (4) in subsection (b)(2) by striking ‘‘Up to 1/2 

19 of the’’ and inserting ‘‘The’’; 

20 (5) in subsection (c) by striking ‘‘(c) There is’’ 

21 and inserting the following: 

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

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

24 is’’; 
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1 (6) in subsection (c)(1) (as designated by para2 graph (5))—

3 (A) by striking ‘‘the provisions of this sec4 tion’’ and inserting ‘‘subsection (a)(1);’’; and 

5 (B) by striking ‘‘$500,000’’ and inserting 

6 ‘‘$1,000,000’’; 

7 (7) by inserting at the end of subsection (c) the 

8 following: 

9 ‘‘(2) TECHNICAL ASSISTANCE.—There is author10 ized to be appropriated $5,000,000 annually to carry 

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

12 $2,000,000 annually may be used by the Secretary to 

13 enter into cooperative agreements with nonprofit or14 ganizations to provide assistance to rural and small 

15 communities.’’; 

16 (8) by redesignating subsection (d) as subsection 

17 (e); and 

18 (9) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI21 TIES.—Concurrent with the President’s submission to Con22 gress of the President’s request for appropriations for the 

23 Civil Works Program for a fiscal year, the Secretary shall 

24 submit to the Committee on Transportation and Infrastruc25 ture of the House of Representatives and the Committee on 
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1 Environment and Public Works of the Senate a report de2 scribing the individual activities proposed for funding 

3 under subsection (a)(1) for that fiscal year.’’. 

4 SEC. 2024. COORDINATION AND SCHEDULING OF FEDERAL, 

5 STATE, AND LOCAL ACTIONS. 

6 (a) NOTICE OF INTENT.—Upon request of the non-Fed7 eral interest in the form of a written notice of intent to 

8 construct or modify a non-Federal water supply, waste9 water infrastructure, flood damage reduction, storm dam10 age reduction, ecosystem restoration, or navigation project 

11 that requires the approval of the Secretary, the Secretary 

12 shall initiate, subject to subsection (g)(1), procedures to es13 tablish a schedule for consolidating Federal, State, and local 

14 agency and Indian tribe environmental assessments, project 

15 reviews, and issuance of all permits for the construction or 

16 modification of the project. The non-Federal interest shall 

17 submit to the Secretary, with the notice of intent, studies 

18 and documentation, including environmental reviews, that 

19 may be required by Federal law for decisionmaking on the 

20 proposed project. All States and Indian tribes having juris21 diction over the proposed project shall be invited by the Sec22 retary, but shall not be required, to participate in carrying 

23 out this section with respect to the project. 

24 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

25 after receipt of notice under subsection (a), the Secretary 
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1 shall publish such notice in the Federal Register. The Sec2 retary also shall provide written notification of the receipt 

3 of a notice under subsection (a) to all State and local agen4 cies and Indian tribes that may be required to issue permits 

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

6 Secretary shall solicit the cooperation of those agencies and 

7 request their entry into a memorandum of agreement de8 scribed in subsection (c) with respect to the project. Within 

9 30 days after publication of the notice in the Federal Reg10 ister, State and local agencies and Indian tribes that intend 

11 to enter into the memorandum of agreement with respect 

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

13 writing. 

14 (c) SCHEDULING AGREEMENT.—Within 90 days after 

15 the date of receipt of notice under subsection (a) with re16 spect to a project, the Secretary of the Interior, the Sec17 retary of Commerce, and the Administrator of the Environ18 mental Protection Agency, as necessary, and any State or 

19 local agencies that have notified the Secretary under sub20 section (b) shall enter into an agreement with the Secretary 

21 establishing a schedule of decisionmaking for approval of 

22 the project and permits associated with the project and with 

23 related activities. 

24 (d) CONTENTS OF AGREEMENT.—An agreement en25 tered into under subsection (c) with respect to a project, 
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1 to the extent practicable, shall consolidate hearing and com2 ment periods, procedures for data collection and report 

3 preparation, and the environmental review and permitting 

4 processes associated with the project and related activities. 

5 The agreement shall detail, to the extent possible, the non6 Federal interest’s responsibilities for data development and 

7 information that may be necessary to process each permit 

8 required for the project, including a schedule when the in9 formation and data will be provided to the appropriate 

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

11 (e) REVISION OF AGREEMENT.—The Secretary may re12 vise an agreement entered into under subsection (c) with 

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

14 non-Federal interest the minimum amount of additional 

15 time necessary to revise its original application to meet the 

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

17 tribe that is a party to the agreement. 

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

19 a schedule established by an agreement entered into under 

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

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

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

23 (g) REIMBURSEMENT.—

24 (1) COSTS OF COORDINATION.—The costs in25 curred by the Secretary to establish and carry out a 
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1 schedule to consolidate Federal, State, and local agen2 cy and Indian tribe environmental assessments, 

3 project reviews, and permit issuance for a project 

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

5 interest. 

6 (2) COSTS INCURRED TO EXPEDITE PERMITS

7 AND REVIEWS.—

8 (A) ACCEPTANCE OF NON-FEDERAL

9 FUNDS.—The Secretary may accept funds from 

10 the non-Federal interest to hire additional staff 

11 or obtain the services of consultants, or to pro12 vide financial, technical, and administrative 

13 support to agencies that have entered into an 

14 agreement with the Secretary under subsection 

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

16 the timely processing, review, and completion of 

17 applicable Federal, State, and local agency and 

18 Indian tribe environmental assessments, project 

19 reviews, and permits for the project. 

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

21 this paragraph shall be used to supplement exist22 ing resources of the Secretary or a participating 

23 agency. 

24 (C) ASSURANCE OF LEVEL OF SERVICE AND

25 IMPARTIALITY.—The Secretary shall ensure that 
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1 the Department of the Army and any partici2 pating agency that accepts funds under this 

3 paragraph shall continue to provide the same 

4 level of service to other projects and other respon5 sibilities not covered by this section as it would 

6 provide, notwithstanding any activities carried 

7 out under this section, and that acceptance of 

8 such funds will not impact impartial decision9 making either substantively or procedurally. 

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

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

12 Secretary shall prepare and transmit to Congress a report 

13 estimating the time required for the issuance of all Federal, 

14 State, local, and tribal permits for the construction of non15 Federal projects for water supply, wastewater infrastruc16 ture, flood damage reduction, storm damage reduction, eco17 system restoration, and navigation. The Secretary shall in18 clude in that report recommendations for further reducing 

19 the amount of time required for the issuance of those per20 mits, including any proposed changes in existing law. 

21 SEC. 2025. PROJECT STREAMLINING. 

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

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

24 and recommendations to Congress regarding such projects 

25 should not be delayed due to uncoordinated and sequential 
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1 environmental reviews or the failure to timely resolve dis2 putes during the development of water resources projects. 

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

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

5 a feasibility report under section 905 of the Water Resources 

6 Development Act of 1986 (33 U.S.C. 2282), or a reevalua7 tion report, for a water resources project if the Secretary 

8 determines that such study requires an environmental im9 pact statement under the National Environmental Policy 

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

11 (c) WATER RESOURCES PROJECT REVIEW PROC12 ESS.—The Secretary shall develop and implement a coordi13 nated review process for water resources projects. 

14 (d) COORDINATED REVIEWS.—

15 (1) IN GENERAL.—The coordinated review proc16 ess under this section shall provide that all environ17 mental reviews, analyses, opinions, permits, licenses, 

18 and approvals that must be issued or made by a Fed19 eral, State, or local government agency or Indian 

20 tribe for a water resources project will be conducted 

21 concurrently, to the maximum extent practicable, and 

22 completed within a time period established by the 

23 Secretary, in cooperation with the agencies identified 

24 under subsection (e) with respect to the project. 
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1 (2) AGENCY PARTICIPATION.—Each Federal 

2 agency identified under subsection (e) shall formulate 

3 and implement administrative, policy, and proce4 dural mechanisms to enable the agency to ensure com5 pletion of environmental reviews, analyses, opinions, 

6 permits, licenses, and approvals described in para7 graph (1) in a timely and environmentally respon8 sible manner. 

9 (e) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—

10 With respect to each water resources project, the Secretary 

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

12 local government agencies and Indian tribes that may have 

13 jurisdiction over environmental-related matters that may be 

14 affected by the project or may be required by law to conduct 

15 an environmental-related review or analysis of the project 

16 or determine whether to issue an environmental-related per17 mit, license, or approval for the project. 

18 (f) STATE AUTHORITY.—If a coordinated review proc19 ess is being implemented under this section by the Secretary 

20 with respect to a water resources project within the bound21 aries of a State, the State, consistent with State law, may 

22 choose to participate in such process and provide that all 

23 State agencies that have jurisdiction over environmental24 related matters that may be affected by the project or may 

25 be required by law to conduct an environmental-related re-
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1 view or analysis of the project or determine whether to issue 

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

3 the project, be subject to the process. 

4 (g) MEMORANDUM OF UNDERSTANDING.—The coordi5 nated review process developed under this section may be 

6 incorporated into a memorandum of understanding for a 

7 project between the Secretary and the heads of other Fed8 eral, State, and local government agencies and Indian 

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

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

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

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

13 the Secretary determines that a Federal, State, or 

14 local government agency, Indian tribe, or non-Federal 

15 interest that is participating in a coordinated review 

16 process under this section with respect to a project 

17 has not met a deadline established under subsection 

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

19 30 days of the date of such determination, the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives, the Committee on Environ22 ment and Public Works of the Senate, the Council on 

23 Environmental Quality, and the agency, Indian tribe, 

24 or non-Federal interest involved about the failure to 

25 meet the deadline. 
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1 (2) AGENCY REPORT.—Not later than 30 days 

2 after the date of receipt of a notice under paragraph 

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

4 Indian tribe, or non-Federal interest involved shall 

5 submit a report to the Secretary, the Committee on 

6 Transportation and Infrastructure of the House of 

7 Representatives, the Committee on Environment and 

8 Public Works of the Senate, and the Council on Envi9 ronmental Quality explaining why the agency, In10 dian tribe, or non-Federal interest did not meet the 

11 deadline and what actions it intends to take to com12 plete or issue the required review, analysis, opinion, 

13 permit, license, or approval. 

14 (i) PURPOSE AND NEED AND DETERMINATION OF

15 REASONABLE ALTERNATIVES.—

16 (1) IN GENERAL.—As an official of the lead Fed17 eral agency that is responsible for carrying out a 

18 study to which this section applies and its associated 

19 process for meeting the requirements of the National 

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

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

22 water resources development, the Secretary, in car23 rying out such study and process, shall—

24 (A) define the purpose and need for the pro25 posed water resources project; and 
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1 (B) determine which alternatives are rea2 sonable and may be reasonably anticipated to 

3 meet project purposes and needs. 

4 (2) STREAMLINING STUDY.—To streamline a 

5 study to which this section applies and its associated 

6 process for meeting the requirements of the National 

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

8 seq.), the Secretary may eliminate from consideration 

9 any alternatives the Secretary determines are not rea10 sonable or are not reasonably anticipated to meet 

11 project purposes and needs. 

12 (j) SOLICITATION AND CONSIDERATION OF COM13 MENTS.—In applying subsection (i), the Secretary shall so14 licit, consider, and respond to comments from interested 

15 persons and governmental entities. 

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

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

18 shall develop and publish a list of categorical exclusions 

19 from the requirement that an environmental assessment or 

20 an environmental impact statement be prepared under the 

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

22 4321 et seq.) for water resources projects. 

23 (l) LIMITATIONS.—Nothing in this section shall pre24 empt or interfere with—

25 (1) any practice of seeking public comment; 
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1 (2) any power, jurisdiction, or authority that a 

2 Federal, State, or local government agency, Indian 

3 tribe, or non-Federal interest has with respect to car4 rying out a water resources project; or 

5 (3) any obligation to comply with the provisions 

6 of the National Environmental Policy Act of 1969 (42 

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

8 Council on Environmental Quality to carry out such 

9 Act. 

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

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

12 benchmarks for determining the length of time it should take 

13 to conduct a feasibility study for a water resources develop14 ment project and its associated review process under the Na15 tional Environmental Policy Act of 1969 (42 U.S.C. 4371 

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

17 on project type, size, cost, and complexity. The Chief of En18 gineers shall use such benchmarks as a management tool 

19 to make the feasibility study process more efficient in all 

20 districts of the Army Corps of Engineers. 

21 SEC. 2026. LAKES PROGRAM. 

22 Section 602(a) of the Water Resources Development 

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

24 is amended—

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

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

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

5 removal of silt and aquatic growth and measures to 

6 address excessive sedimentation; 

7 ‘‘(21) McCarter Pond, Borough of Fairhaven, 

8 New Jersey, removal of silt and measures to address 

9 water quality; 

10 ‘‘(22) Rogers Pond, Franklin Township, New 

11 Jersey, removal of silt and restoration of structural 

12 integrity; 

13 ‘‘(23) Greenwood Lake, New York and New Jer14 sey, removal of silt and aquatic growth; 

15 ‘‘(24) Lake Rodgers, Creedmoor, North Carolina, 

16 removal of silt and excessive nutrients and restoration 

17 of structural integrity; and 

18 ‘‘(25) Lake Luxembourg, Pennsylvania.’’. 

19 SEC. 2027. MITIGATION FOR FISH AND WILDLIFE LOSSES. 

20 (a) MITIGATION PLAN CONTENTS.—Section 906(d) of 

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

22 2283(d)) is amended by adding at the end the following: 

23 ‘‘(3) CONTENTS.—A mitigation plan shall in24 clude—
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1 ‘‘(A) a description of the physical action to 

2 be undertaken to achieve the mitigation objectives 

3 within the watershed in which such losses occur 

4 and, in any case in which mitigation must take 

5 place outside the watershed, a justification de6 tailing the rationale for undertaking the mitiga7 tion outside of the watershed; 

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

9 in lands to be acquired for mitigation and the 

10 basis for a determination that such lands are 

11 available for acquisition; 

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

13 of the habitat being restored; 

14 ‘‘(D) success criteria for mitigation based 

15 on replacement of lost functions and values of the 

16 habitat, including hydrologic and vegetative 

17 characteristics; and 

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

19 to determine the success of the mitigation, in20 cluding the cost and duration of any monitoring 

21 and, to the extent practicable, the entities respon22 sible for any monitoring. 

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

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

25 mitigation plan for a water resources project, the en-
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1 tity responsible for monitoring at the time of a final 

2 report of the Chief of Engineers or other final decision 

3 document for the project, such entity shall be identi4 fied in the partnership agreement entered into with 

5 the non-Federal interest.’’. 

6 (b) STATUS REPORT.—

7 (1) IN GENERAL.—Concurrent with the Presi8 dent’s submission to Congress of the President’s re9 quest for appropriations for the Civil Works Program 

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

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on 

13 Environment and Public Works of the Senate a report 

14 on the status of construction of projects that require 

15 mitigation under section 906 of the Water Resources 

16 Development Act of 1986 (33 U.S.C. 2283; 100 Stat. 

17 4186) and the status of such mitigation. 

18 (2) PROJECTS INCLUDED.—The status report 

19 shall include the status of all projects that are under 

20 construction, all projects for which the President re21 quests funding for the next fiscal year, and all 

22 projects that have completed construction, but have 

23 not completed the mitigation required under section 

24 906 of the Water Resources Development Act of 1986. 
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1 SEC. 2028. COOPERATIVE AGREEMENTS. 

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

3 cost-effective design and construction of wetlands restora4 tion that is part of an authorized water resources project, 

5 the Secretary may enter into cooperative agreements under 

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

7 organizations with expertise in wetlands restoration to 

8 carry out such design and construction on behalf of the Sec9 retary. 

10 (b) LIMITATIONS.—

11 (1) PER PROJECT LIMIT.—A cooperative agree12 ment under this section shall not obligate the Sec13 retary to pay the nonprofit organization more than 

14 $1,000,000 for any single wetlands restoration 

15 project. 

16 (2) ANNUAL LIMIT.—The total value of work car17 ried out under cooperative agreements under this sec18 tion may not exceed $5,000,000 in any fiscal year. 

19 SEC. 2029. PROJECT PLANNING. 

20 (a) OBJECTIVES.—

21 (1) FLOOD DAMAGE REDUCTION, NAVIGATION, 

22 AND HURRICANE AND STORM DAMAGE REDUCTION

23 PROJECTS.—The Federal objective of any study of the 

24 feasibility of a water resources project carried out by 

25 the Secretary for flood damage reduction, navigation, 

26 or hurricane and storm damage reduction shall be to 
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1 maximize the net national economic development ben2 efits associated with the project, consistent with pro3 tecting the Nation’s environment. 

4 (2) ECOSYSTEM RESTORATION PROJECTS.—The 

5 Federal objective of any study of the feasibility of a 

6 water resources project for ecosystem restoration car7 ried out by the Secretary shall be to maximize the net 

8 national ecosystem restoration benefits associated 

9 with the project, consistent with national economic 

10 development. 

11 (3) PROJECTS WITH MULTIPLE PURPOSES.—In 

12 the case of a study that includes multiple project pur13 poses, the primary and other project purposes shall be 

14 evaluated, based on the relevant Federal objective 

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

16 (4) SELECTION OF PROJECT ALTERNATIVES.—

17 (A) IN GENERAL.—Notwithstanding the 

18 Federal objectives identified in this subsection, 

19 the Secretary may select a project alternative 

20 that does not maximize net benefits if there is an 

21 overriding reason based upon other Federal, 

22 State, local, or international concerns. 

23 (B) FLOOD DAMAGE REDUCTION, NAVIGA24 TION, AND HURRICANE STORM DAMAGE REDUC25 TION PROJECTS.—With respect to a water re-
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1 sources project described in paragraph (1), an 

2 overriding reason for selecting a plan other than 

3 the plan that maximizes national economic de4 velopment benefits may be if the Secretary deter5 mines, and the non-Federal interest concurs, that 

6 an alternative plan is feasible and achieves the 

7 project purposes while providing greater eco8 system restoration benefits. 

9 (C) ECOSYSTEM RESTORATION PROJECTS.—

10 With respect to a water resources project de11 scribed in paragraph (2), an overriding reason 

12 for selecting a plan other than the plan that 

13 maximizes national ecosystem restoration bene14 fits may be if the Secretary determines, and the 

15 non-Federal interest concurs, that an alternative 

16 plan is feasible and achieves the project purposes 

17 while providing greater economic development 

18 benefits. 

19 (b) IDENTIFYING ADDITIONAL BENEFITS AND

20 PROJECTS.—

21 (1) PRIMARILY ECONOMIC BENEFITS.—In con22 ducting a study of the feasibility of a project where 

23 the primary benefits are expected to be economic, the 

24 Secretary may identify ecosystem restoration benefits 

25 that may be achieved in the study area and, after ob-
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1 taining the participation of a non-Federal interest, 

2 may study and recommend construction of additional 

3 measures, a separate project, or separable project ele4 ment to achieve those benefits. 

5 (2) PRIMARILY ECOSYSTEM RESTORATION BENE6 FITS.—In conducting a study of the feasibility of a 

7 project where the primary benefits are expected to be 

8 associated with ecosystem restoration, the Secretary 

9 may identify economic benefits that may be achieved 

10 in the study area and, after obtaining the participa11 tion of a non-Federal interest, may study and rec12 ommend construction of additional measures, a sepa13 rate project, or separable project element to achieve 

14 those benefits. 

15 (3) RULES APPLICABLE TO CERTAIN MEASURES, 

16 PROJECTS, AND ELEMENTS.—Any additional meas17 ures, separate project, or separable element identified 

18 under paragraph (1) or (2) and recommended for 

19 construction shall not be considered integral to the 

20 underlying project and, if authorized, shall be subject 

21 to a separate partnership agreement, unless a non22 Federal interest agrees to share in the cost of the ad23 ditional measures, project, or separable element. 

24 (c) CALCULATION OF BENEFITS AND COSTS FOR

25 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 
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1 study for a project for flood damage reduction shall include, 

2 as part of the calculation of benefits and costs—

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

4 following completion of the proposed project; 

5 (2) a calculation of any upstream or down6 stream impacts of the proposed project; and 

7 (3) calculations to ensure that the benefits and 

8 costs associated with structural and nonstructural al9 ternatives are evaluated in an equitable manner. 

10 SEC. 2030. INDEPENDENT PEER REVIEW. 

11 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

12 PEER REVIEW.—

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

14 to a peer review by an independent panel of experts 

15 as determined under this section. 

16 (2) SCOPE.—The peer review may include a re17 view of the economic and environmental assumptions 

18 and projections, project evaluation data, economic 

19 analyses, environmental analyses, engineering anal20 yses, formulation of alternative plans, methods for in21 tegrating risk and uncertainty, models used in eval22 uation of economic or environmental impacts of pro23 posed projects, and any biological opinions of the 

24 project study. 
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1 (3) PROJECT STUDIES SUBJECT TO PEER RE2 VIEW.—

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

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

5 project has an estimated total cost of more than 

6 $50,000,000, including mitigation costs, and is 

7 not determined by the Chief of Engineers to be 

8 exempt from peer review under paragraph (6). 

9 (B) DISCRETIONARY.—A project study may 

10 be subject to peer review if—

11 (i) the Governor of an affected State 

12 requests a peer review by an independent 

13 panel of experts; 

14 (ii) the head of a Federal or State 

15 agency charged with reviewing the project 

16 study determines that the project is likely to 

17 have a significant adverse impact on envi18 ronmental, cultural, or other resources 

19 under the jurisdiction of the agency after 

20 implementation of proposed mitigation 

21 plans and requests a peer review by an 

22 independent panel of experts; or 

23 (iii) the Chief of Engineers determines 

24 that the project study is controversial. 
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1 (4) CONTROVERSIAL PROJECTS.—Upon receipt of 

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

3 initiative of the Chief of Engineers, the Chief of Engi4 neers shall determine whether a project study is con5 troversial. 

6 (5) FACTORS TO CONSIDER.—In determining 

7 whether a project study is controversial, the Chief of 

8 Engineers shall consider if—

9 (A) there is a significant public dispute as 

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

11 (B) there is a significant public dispute as 

12 to the economic or environmental costs or bene13 fits of the project. 

14 (6) PROJECT STUDIES EXCLUDED FROM PEER

15 REVIEW.—Project studies that may be excluded from 

16 peer review under paragraph (1) are—

17 (A) a study for a project the Chief of Engi18 neers determines—

19 (i) is not controversial; 

20 (ii) has no more than negligible ad21 verse impacts on scarce or unique cultural, 

22 historic, or tribal resources; 

23 (iii) has no substantial adverse im24 pacts on fish and wildlife species and their 
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1 habitat prior to the implementation of miti2 gation measures; and 

3 (iv) has, before implementation of 

4 mitigation measures, no more than a neg5 ligible adverse impact on a species listed as 

6 endangered or threatened species under the 

7 Endangered Species Act of 1973 (16 U.S.C. 

8 1539 et seq.) or the critical habitat of such 

9 species designated under such Act; and 

10 (B) a study for a project pursued under sec11 tion 205 of the Flood Control Act of 1948 (33 

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

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

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

15 701r), section 107(a) of the River and Harbor 

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

17 Act entitled ‘‘An Act authorizing Federal par18 ticipation in the cost of protecting the shores of 

19 publicly owned property’’, approved August 13, 

20 1946 (33 U.S.C. 426g), section 111 of the River 

21 and Harbor Act of 1968 (33 U.S.C. 426i), sec22 tion 3 of the Act entitled ‘‘An Act authorizing 

23 the construction, repair, and preservation of cer24 tain public works on rivers and harbors, and for 

25 other purposes’’, approved March 2, 1945 (33 
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1 U.S.C. 603a), section 1135 of the Water Re2 sources Development Act of 1986 (33 U.S.C. 

3 2309a), section 206 of the Water Resources De4 velopment Act of 1996 (33 U.S.C. 2330), or sec5 tion 204 of the Water Resources Development Act 

6 of 1992 (33 U.S.C. 2326). 

7 (7) APPEAL.—The decision of the Chief of Engi8 neers whether to peer review a project study shall be 

9 published in the Federal Register and shall be subject 

10 to appeal by a person referred to in paragraph 

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

12 if such appeal is made within the 30-day period fol13 lowing the date of such publication. 

14 (8) DETERMINATION OF PROJECT COST.—For 

15 purposes of determining the estimated total cost of a 

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

17 be based upon the reasonable estimates of the Chief of 

18 Engineers at the completion of the reconnaissance 

19 study for the project. If the reasonable estimate of 

20 project costs is subsequently determined to be in excess 

21 of the amount in paragraph (3)(A), the Chief of Engi22 neers shall make a determination whether a project 

23 study should be reviewed under this section. 

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

25 shall determine the timing of a peer review of a project 
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1 study under subsection (a). In all cases, the peer review 

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

3 completion of the reconnaissance study for the project and 

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

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

6 the Chief of Engineers has not initiated a peer review of 

7 a project study, the Chief of Engineers shall consider, at 

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

9 that—

10 (1) the without-project conditions are identified; 

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

12 identified; and 

13 (3) the preferred alternative is identified. 

14 Nothing in this subsection shall be construed to require the 

15 Chief of Engineers to conduct multiple peer reviews for a 

16 project study. 

17 (c) ESTABLISHMENT OF PANELS.—

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

19 to peer review under subsection (a), as soon as prac20 ticable after the Chief of Engineers determines that a 

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

22 of Engineers shall contract with the National Acad23 emy of Sciences (or a similar independent scientific 

24 and technical advisory organization), or an eligible 

25 organization, to establish a panel of experts to peer 
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1 review the project study for technical and scientific 

2 sufficiency. 

3 (2) MEMBERSHIP.—A panel of experts estab4 lished for a project study under this section shall be 

5 composed of independent experts who represent a bal6 ance of areas of expertise suitable for the review being 

7 conducted. 

8 (3) LIMITATION ON APPOINTMENTS.—An indi9 vidual may not be selected to serve on a panel of ex10 perts established for a project study under this section 

11 if the individual has a financial or close professional 

12 association with any organization or group with a 

13 strong financial or organizational interest in the 

14 project. 

15 (4) CONGRESSIONAL NOTIFICATION.—Upon iden16 tification of a project study for peer review under this 

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

18 Chief of Engineers shall notify the Committee on En19 vironment and Public Works of the Senate and the 

20 Committee on Transportation and Infrastructure of 

21 the House of Representatives of such review. 

22 (d) DUTIES OF PANELS.—A panel of experts estab23 lished for a peer review for a project study under this sec24 tion shall, consistent with the scope of the referral for re25 view—
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1 (1) conduct a peer review for the project study 

2 submitted to the panel for review; 

3 (2) assess the adequacy and acceptability of the 

4 economic and environmental methods, models, and 

5 analyses used by the Chief of Engineers; 

6 (3) provide timely written and oral comments to 

7 the Chief of Engineers throughout the development of 

8 the project study, as requested; and 

9 (4) submit to the Chief of Engineers a final re10 port containing the panel’s economic, engineering, 

11 and environmental analysis of the project study, in12 cluding the panel’s assessment of the adequacy and 

13 acceptability of the economic and environmental 

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

15 Engineers, to accompany the publication of the 

16 project study. 

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

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

19 (A) complete its peer review under this sec20 tion for a project study and submit a report to 

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

22 within 180 days after the date of establishment 

23 of the panel, or, if the Chief of Engineers deter24 mines that a longer period of time is necessary, 

25 such period of time established by the Chief of 
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1 Engineers, but in no event later than 90 days 

2 after the date a draft project study is made 

3 available for public review; and 

4 (B) terminate on the date of submission of 

5 the report. 

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

7 does not complete its peer review of a project study 

8 under this section and submit a report to the Chief 

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

10 deadline established by paragraph (1) for the project 

11 study, the Chief of Engineers shall continue the 

12 project study for the project that is subject to peer re13 view by the panel without delay. 

14 (f) RECOMMENDATIONS OF PANEL.—

15 (1) CONSIDERATION BY THE CHIEF OF ENGI16 NEERS.—After receiving a report on a project study 

17 from a panel of experts under this section and before 

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

19 Chief of Engineers shall consider any recommenda20 tions contained in the report and prepare a written 

21 response for any recommendations adopted or not 

22 adopted. 

23 (2) PUBLIC AVAILABILITY AND TRANSMITTAL TO

24 CONGRESS.—After receiving a report on a project 
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1 study from a panel of experts under this section, the 

2 Chief of Engineers shall—

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

4 written response of the Chief of Engineers on rec5 ommendations contained in the report available 

6 to the public; and 

7 (B) transmit to Congress a copy of the re8 port, together with any such written response, on 

9 the date of a final report of the Chief of Engi10 neers or other final decision document for a 

11 project study that is subject to peer review by the 

12 panel. 

13 (g) COSTS.—

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

15 established for a peer review under this section—

16 (A) shall be a Federal expense; and 

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

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

19 the $500,000 limitation contained in paragraph 

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

21 appropriate. 

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

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

24 period preceding the date of enactment of this Act and 
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1 for which the array of alternatives to be considered 

2 has not been identified; and 

3 (2) project studies initiated during the period be4 ginning on such date of enactment and ending 4 

5 years after such date of enactment. 

6 (i) REPORT.—Within 4 1/2 years of the date of enact7 ment of this section, the Chief of Engineers shall submit 

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

9 (j) NONAPPLICABILITY OF FACA.—The Federal Advi10 sory Committee Act (5 U.S.C. App.) shall not apply to any 

11 peer review panel established under this section. 

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

13 be construed to affect any authority of the Chief of Engi14 neers to cause or conduct a peer review of a water resources 

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

16 (l) DEFINITIONS.—In this section, the following defini17 tions apply: 

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

19 means a feasibility study or reevaluation study for a 

20 project. The term also includes any other study asso21 ciated with a modification or update of a project that 

22 includes an environmental impact statement, includ23 ing the environmental impact statement. 

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

25 State’’, as used with respect to a project, means a 
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1 State all or a portion of which is within the drainage 

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

3 would be economically or environmentally affected as 

4 a consequence of the project. 

5 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi6 ble organization’’ means an organization that—

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

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

9 the Internal Revenue Code of 1986; 

10 (B) is independent; 

11 (C) is free from conflicts of interest; 

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

13 against Federal water resources projects; and 

14 (E) has experience in establishing and ad15 ministering peer review panels. 

16 SEC. 2031. TRAINING FUNDS. 

17 (a) IN GENERAL.—The Secretary may include indi18 viduals not employed by the Department of the Army in 

19 training classes and courses offered by the Corps of Engi20 neers in any case in which the Secretary determines that 

21 it is in the best interest of the Federal Government to in22 clude those individuals as participants. 

23 (b) EXPENSES.—

24 (1) IN GENERAL.—An individual not employed 

25 by the Department of the Army attending a training 
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1 class or course described in subsection (a) shall pay 

2 the full cost of the training provided to the indi3 vidual. 

4 (2) PAYMENTS.—Payments made by an indi5 vidual for training received under paragraph (1), up 

6 to the actual cost of the training—

7 (A) may be retained by the Secretary; 

8 (B) shall be credited to an appropriation or 

9 account used for paying training costs; and 

10 (C) shall be available for use by the Sec11 retary, without further appropriation, for train12 ing purposes. 

13 (3) EXCESS AMOUNTS.—Any payments received 

14 under paragraph (2) that are in excess of the actual 

15 cost of training provided shall be credited as miscella16 neous receipts to the Treasury of the United States. 

17 SEC. 2032. ACCESS TO WATER RESOURCE DATA. 

18 (a) IN GENERAL.—The Secretary shall carry out a 

19 program to provide public access to water resource and re20 lated water quality data in the custody of the Corps of En21 gineers. 

22 (b) DATA.—Public access under subsection (a) shall—

23 (1) include, at a minimum, access to data gen24 erated in water resources project development and 
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1 regulation under section 404 of the Federal Water 

2 Pollution Control Act (33 U.S.C. 1344); and 

3 (2) appropriately employ geographic informa4 tion system technology and linkages to water resource 

5 models and analytical techniques. 

6 (c) PARTNERSHIPS.—To the maximum extent prac7 ticable, in carrying out activities under this section, the 

8 Secretary shall develop partnerships, including cooperative 

9 agreements with State, tribal, and local governments and 

10 other Federal agencies. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $5,000,000 for each fiscal year. 

14 SEC. 2033. SHORE PROTECTION PROJECTS. 

15 (a) IN GENERAL.—In accordance with the Act of July 

16 3, 1930 (33 U.S.C. 426), and notwithstanding administra17 tive actions, it is the policy of the United States to promote 

18 beach nourishment for the purposes of flood damage reduc19 tion and hurricane and storm damage reduction and re20 lated research that encourage the protection, restoration, 

21 and enhancement of sandy beaches, including beach restora22 tion and periodic beach renourishment for a period of 50 

23 years, on a comprehensive and coordinated basis by the 

24 Federal Government, States, localities, and private enter25 prises. 
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1 (b) PREFERENCE.—In carrying out the policy, pref2 erence shall be given to—

3 (1) areas in which there has been a Federal in4 vestment of funds for the purposes described in sub5 section (a); and 

6 (2) areas with respect to which the need for pre7 vention or mitigation of damage to shores and beaches 

8 is attributable to Federal navigation projects or other 

9 Federal activities. 

10 (c) APPLICABILITY.—The Secretary shall apply the 

11 policy to each shore protection and beach renourishment 

12 project (including shore protection and beach renourish13 ment projects constructed before the date of enactment of 

14 this Act). 

15 SEC. 2034. ABILITY TO PAY. 

16 (a) CRITERIA AND PROCEDURES.—Section 103(m)(2) 

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

18 2213(m)(2)) is amended by striking ‘‘180 days after such 

19 date of enactment’’ and inserting ‘‘August 31, 2005’’. 

20 (b) PROJECTS.—The Secretary shall apply the criteria 

21 and procedures referred to in section 103(m) of the Water 

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

23 to the following projects: 

24 (1) ST. JOHNS BAYOU AND NEW MADRID

25 FLOODWAY, MISSOURI.—The project for flood control, 
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1 St. Johns Bayou and New Madrid Floodway, Mis2 souri, authorized by section 401(a) of the Water Re3 sources Development Act of 1986 (100 Stat. 4118). 

4 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 

5 project for flood control, Lower Rio Grande Basin, 

6 Texas, authorized by section 401(a) of the Water Re7 sources Development Act of 1986 (100 Stat. 4125). 

8 (3) WEST VIRGINIA AND PENNSYLVANIA

9 PROJECTS.—The projects for flood control authorized 

10 by section 581 of the Water Resources Development 

11 Act of 1996 (110 Stat. 3790–3791). 

12 SEC. 2035. AQUATIC ECOSYSTEM RESTORATION. 

13 Section 206(e) of the Water Resources Development Act 

14 of 1996 (33 U.S.C. 2330) is amended by striking 

15 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 

16 SEC. 2036. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 

17 Section 205 of the Flood Control Act of 1948 (33 

18 U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and in19 serting ‘‘$60,000,000’’. 

20 SEC. 2037. LEASING AUTHORITY. 

21 Section 4 of the Act entitled ‘‘An Act authorizing the 

22 construction of certain public works on rivers and harbors 

23 for flood control, and other purposes’’, approved December 

24 22, 1944 (16 U.S.C. 460d) is amended—
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1 (1) by inserting ‘‘federally-recognized Indian 

2 tribes and’’ before ‘‘Federal’’ the first place it appears; 

3 (2) by inserting ‘‘Indian tribes or’’ after ‘‘consid4 erations, to such’’; and 

5 (3) by inserting ‘‘federally-recognized Indian 

6 tribe’’ after ‘‘That in any such lease or license to a’’. 

7 SEC. 2038. COST ESTIMATES. 

8 The estimated Federal and non-Federal costs of 

9 projects authorized to be carried out by the Secretary before, 

10 on, or after the date of enactment of this Act are for infor11 mational purposes only and shall not be interpreted as af12 fecting the cost sharing responsibilities established by law. 

13 SEC. 2039. STUDIES AND REPORTS FOR WATER RESOURCES 

14 PROJECTS. 

15 (a) STUDIES.—

16 (1) COST-SHARING REQUIREMENTS.—Section 

17 105(a) of the Water Resources Development Act of 

18 1986 (33 U.S.C. 2215(a)) is amended by adding at 

19 the end the following: 

20 ‘‘(3) DETAILED PROJECT REPORTS.—The re21 quirements of this subsection that apply to a feasi22 bility study also shall apply to a study that results 

23 in a detailed project report, except that—
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1 ‘‘(A) the first $100,000 of the costs of a 

2 study that results in a detailed project report 

3 shall be a Federal expense; and 

4 ‘‘(B) paragraph (1)(C)(ii) shall not apply 

5 to such a study.’’. 

6 (2) PLANNING AND ENGINEERING.—Section 

7 105(b) of such Act (33 U.S.C. 2215(b)) is amended by 

8 striking ‘‘authorized by this Act’’. 

9 (3) DEFINITIONS.—Section 105 of such Act (33 

10 U.S.C. 2215) is amended by adding at the end the fol11 lowing: 

12 ‘‘(d) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 ‘‘(1) DETAILED PROJECT REPORT.—The term 

15 ‘detailed project report’ means a report for a project 

16 not specifically authorized by Congress in law or oth17 erwise that determines the feasibility of the project 

18 with a level of detail appropriate to the scope and 

19 complexity of the recommended solution and sufficient 

20 to proceed directly to the preparation of contract 

21 plans and specifications. The term includes any asso22 ciated environmental impact statement and mitiga23 tion plan. For a project for which the Federal cost 

24 does not exceed $1,000,000, the term includes a plan25 ning and design analysis document. 
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1 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasibility 

2 study’ means a study that results in a feasibility re3 port under section 905, and any associated environ4 mental impact statement and mitigation plan, pre5 pared by the Corps of Engineers for a water resources 

6 project. The term includes a study that results in a 

7 project implementation report prepared under title VI 

8 of the Water Resources Development Act of 2000 (114 

9 Stat. 2680–2694), a general reevaluation report, and 

10 a limited reevaluation report.’’. 

11 (b) REPORTS.—

12 (1) PREPARATION.—Section 905(a) of the Water 

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

14 2282(a); 100 Stat. 4185) is amended—

15 (A) by striking ‘‘(a) In the case of any’’ and 

16 inserting the following: 

17 ‘‘(a) PREPARATION OF REPORTS.—

18 ‘‘(1) IN GENERAL.—In the case of any’’; 

19 (B) by striking ‘‘the Secretary, the Sec20 retary shall’’ and inserting ‘‘the Secretary that 

21 results in recommendations concerning a project 

22 or the operation of a project and that requires 

23 specific authorization by Congress in law or oth24 erwise, the Secretary shall perform a reconnais25 sance study and’’; 
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1 (C) by striking ‘‘Such feasibility report’’ 

2 and inserting the following: 

3 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 

4 feasibility report’’; 

5 (D) by striking ‘‘The feasibility report’’ and 

6 inserting ‘‘A feasibility report’’; and 

7 (E) by striking the last sentence and insert8 ing the following: 

9 ‘‘(3) APPLICABILITY.—This subsection shall not 

10 apply to—

11 ‘‘(A) any study with respect to which a re12 port has been submitted to Congress before the 

13 date of enactment of this Act; 

14 ‘‘(B) any study for a project, which project 

15 is authorized for construction by this Act and is 

16 not subject to section 903(b); 

17 ‘‘(C) any study for a project which does not 

18 require specific authorization by Congress in law 

19 or otherwise; and 

20 ‘‘(D) general studies not intended to lead to 

21 recommendation of a specific water resources 

22 project. 

23 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 

24 subsection, the term ‘feasibility report’ means each 

25 feasibility report, and any associated environmental 
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1 impact statement and mitigation plan, prepared by 

2 the Corps of Engineers for a water resources project. 

3 The term includes a project implementation report 

4 prepared under title VI of the Water Resources Devel5 opment Act of 2000 (114 Stat. 2680–2694), a general 

6 reevaluation report, and a limited reevaluation re7 port.’’. 

8 (2) PROJECTS NOT SPECICIALLY AUTHORIZED BY

9 CONGRESS.—Section 905 of such Act is further 

10 amended—

11 (A) in subsection (b) by inserting ‘‘RECON12 NAISSANCE STUDIES.—’’ before ‘‘Before initi13 ating’’; 

14 (B) by redesignating subsections (c), (d), 

15 and (e) as subsections (d), (e), and (f), respec16 tively; 

17 (C) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

20 CONGRESS.—In the case of any water resources project-re21 lated study authorized to be undertaken by the Secretary 

22 without specific authorization by Congress in law or other23 wise, the Secretary shall prepare a detailed project report.’’; 
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1 (D) in subsection (d) (as so redesignated) by 

2 inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For pur3 poses of’’; and 

4 (E) in subsection (e) (as so redesignated) by 

5 inserting ‘‘STANDARD AND UNIFORM PROCE6 DURES AND PRACTICES.—’’ before ‘‘The Sec7 retary shall’’ . 

8 SEC. 2040. FISCAL TRANSPARENCY REPORT. 

9 (a) IN GENERAL.—On the third Tuesday of January 

10 of each year beginning January 2006, the Chief of Engi11 neers shall submit to the Committee on Environment and 

12 Public Works of the Senate and the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 a report on the expenditures for the preceding fiscal year 

15 and estimated expenditures for the current fiscal year and, 

16 for projects and activities that are not scheduled for comple17 tion in the current fiscal year, the estimated expenditures 

18 necessary in the following fiscal year for each project or 

19 activity to maintain the same level of effort being achieved 

20 in the current fiscal year. 

21 (b) CONTENTS.—In addition to the information de22 scribed in subsection (a), the report shall contain a detailed 

23 accounting of the following information: 

24 (1) With respect to general construction, infor25 mation on—
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1 (A) projects currently under construction, 

2 including—

3 (i) allocations to date; 

4 (ii) the number of years remaining to 

5 complete construction; 

6 (iii) the estimated annual Federal cost 

7 to maintain that construction schedule; and 

8 (iv) a list of projects the Corps of En9 gineers expects to complete during the cur10 rent fiscal year; and 

11 (B) projects for which there is a signed cost12 sharing agreement and completed planning, en13 gineering, and design, including—

14 (i) the number of years the project is 

15 expected to require for completion; and 

16 (ii) estimated annual Federal cost to 

17 maintain that construction schedule. 

18 (2) With respect to operation and maintenance 

19 of the inland and intracoastal waterways under sec20 tion 206 of Public Law 95–502 (33 U.S.C. 1804)—

21 (A) the estimated annual cost to maintain 

22 each waterway for the authorized reach and at 

23 the authorized depth; and 
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1 (B) the estimated annual cost of operation 

2 and maintenance of locks and dams to ensure 

3 navigation without interruption. 

4 (3) With respect to general investigations and re5 connaissance and feasibility studies—

6 (A) the number of active studies; 

7 (B) the number of completed studies not yet 

8 authorized for construction; 

9 (C) the number of initiated studies; and 

10 (D) the number of studies expected to be 

11 completed during the fiscal year. 

12 (4) Funding received and estimates of funds to 

13 be received for interagency and international support 

14 activities under section 318(a) of the Water Resources 

15 Development Act of 1990 (33 U.S.C. 2323(a)). 

16 (5) Recreation fees and lease payments. 

17 (6) Hydropower and water storage fees. 

18 (7) Deposits into the Inland Waterway Trust 

19 Fund and the Harbor Maintenance Trust Fund. 

20 (8) Other revenues and fees collected. 

21 TITLE III—PROJECT-RELATED 

22 PROVISIONS 

23 SEC. 3001. KING COVE HARBOR, ALASKA. 

24 The maximum amount of Federal funds that may be 

25 expended for the project for navigation, King Cove Harbor, 
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1 Alaska, being carried out under section 107 of the River 

2 and Harbor Act of 1960 (33 U.S.C. 577), shall be 

3 $8,000,000. 

4 SEC. 3002. ST. PAUL HARBOR, ST. PAUL ISLAND, ALASKA. 

5 (a) SMALL BOAT HARBOR.—No elements of the project 

6 for navigation, St. Paul Harbor, St. Paul Island, Alaska, 

7 authorized by section 101(b)(3) of the Water Resources De8 velopment Act of 1996 (110 Stat. 3667) and modified by 

9 section 303 of the Water Resources Development Act of 1999 

10 (113 Stat. 298) and section 105 of the Energy and Water 

11 Development Appropriations Act, 2003 (117 Stat. 139), 

12 shall be treated by the Secretary as separable. 

13 (b) LIMITATION ON NON-FEDERAL SHARE.—The non14 Federal share for the project shall not exceed $14,400,000. 

15 SEC. 3003. SITKA, ALASKA. 

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

17 project for navigation Southeast Alaska Harbors of Refuge, 

18 Alaska, authorized by section 101 of the Water Resources 

19 Development Act of 1992 (106 Stat. 4801), is modified to 

20 direct the Secretary to take such action as may be necessary 

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

22 expense of $6,300,000. 

23 SEC. 3004. TATITLEK, ALASKA. 

24 The maximum amount of Federal funds that may be 

25 expended for the project for navigation, Tatitlek, Alaska, 
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1 being carried out under section 107 of the River and Harbor 

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

3 SEC. 3005. GRAND PRAIRIE REGION AND BAYOU METO 

4 BASIN, ARKANSAS. 

5 The Secretary shall review the general reevaluation re6 port for the Bayou Meto basin element of the project for 

7 Grand Prairie Region and Bayou Meto Basin, Arkansas, 

8 reauthorized by section 363(a) of the Water Resources De9 velopment Act of 1996 (110 Stat. 3730), and make a deter10 mination of whether the element is feasible, regardless of 

11 mission priorities. 

12 SEC. 3006. OSCEOLA HARBOR, ARKANSAS. 

13 (a) IN GENERAL.—The project for navigation, Osceola 

14 Harbor, Arkansas, constructed under section 107 of the 

15 River and Harbor Act of 1960 (33 U.S.C. 577), is modified 

16 to allow non-Federal interests to construct a mooring facil17 ity within the existing authorized harbor channel, subject 

18 to all necessary permits, certifications, and other require19 ments. 

20 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

21 Nothing in this section shall be construed as affecting the 

22 responsibility of the Secretary to maintain the general 

23 navigation features of the project at a bottom width of 250 

24 feet. 
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1 SEC. 3007. PINE MOUNTAIN DAM, ARKANSAS. 

2 The Pine Mountain Dam feature of the project for flood 

3 protection, Lee Creek, Arkansas and Oklahoma, authorized 

4 by section 204 of the Flood Control Act of 1965 (79 Stat. 

5 1078), is modified—

6 (1) to add environmental restoration as a project 

7 purpose; and 

8 (2) to direct the Secretary to finance the non9 Federal share of the cost of the project over a 30-year 

10 period in accordance with section 103(k) of the Water 

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

12 2213(k)). 

13 SEC. 3008. SAINT FRANCIS BASIN, ARKANSAS. 

14 The project for flood control, Saint Francis Basin, 

15 Missouri and Arkansas, authorized by section 204 of the 

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

17 authorize the Secretary to construct improvements along 

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

19 Francis Levee and related channel improvements. 

20 SEC. 3009. AMERICAN RIVER WATERSHED, CALIFORNIA. 

21 Section 128 of Public Law 108–137 (117 Stat. 1838) 

22 is amended by adding at the end the following: 

23 ‘‘(c) DAM SAFETY MODIFICATIONS AT L.L. ANDERSON

24 DAM.—In determining improvements for dam safety that 

25 are necessary at the L.L. Anderson Dam, the Secretary shall 
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1 consider the without-project condition to be the dam as it 

2 existed on December 1, 2003. 

3 ‘‘(d) COST ALLOCATION.—In allocating costs for the 

4 project authorized in subsection (a), the Secretary shall use 

5 the project cost allocations for flood damage reduction and 

6 dam safety that are contained in the American River Wa7 tershed, California, long-term study final supplemental 

8 plan formulation report dated February 2002.’’. 

9 SEC. 3010. COMPTON CREEK, CALIFORNIA. 

10 The project for flood control, Los Angeles Drainage 

11 Area, California, authorized by section 101(b) of the Water 

12 Resources Development Act of 1990 (104 Stat. 4611), is 

13 modified to add environmental restoration and recreation 

14 as project purposes. 

15 SEC. 3011. GRAYSON CREEK/MURDERER’S CREEK, CALI16 FORNIA. 

17 The project for aquatic ecosystem restoration, Grayson 

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

19 section 206 of the Water Resources Development Act of 1996 

20 (33 U.S.C. 2330), is modified to direct the Secretary to 

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

22 the cost of work carried out by the non-Federal interest be23 fore the date of the partnership agreement for the project 

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

25 project and to authorize the Secretary to consider national 
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1 ecosystem restoration benefits in determining the Federal 

2 interest in the project. 

3 SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA. 

4 The project for environmental restoration, Hamilton 

5 Airfield, California, authorized by section 101(b)(3) of the 

6 Water Resources Development Act of 1999 (113 Stat. 279), 

7 is modified to direct the Secretary to construct the project 

8 substantially in accordance with the report of the Chief of 

9 Engineers dated July 19, 2004, at a total cost of 

10 $205,226,000, with an estimated Federal cost of 

11 $153,840,000 and an estimated non-Federal cost of 

12 $51,386,000. 

13 SEC. 3013. JOHN F. BALDWIN SHIP CHANNEL AND STOCK14 TON SHIP CHANNEL, CALIFORNIA. 

15 The project for navigation, San Francisco to Stockton, 

16 California, authorized by section 301 of the River and Har17 bor Act of 1965 (79 Stat. 1091) is modified—

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

19 cost of the John F. Baldwin Ship Channel and Stock20 ton Ship Channel element of the project may be pro21 vided in the form of in-kind services and materials; 

22 and 

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

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

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

2 such planning and design if the Secretary determines 

3 that such work is integral to such element. 

4 SEC. 3014. KAWEAH RIVER, CALIFORNIA. 

5 The project for flood control, Terminus Dam, Kaweah 

6 River, California, authorized by section 101(b)(5) of the 

7 Water Resources Development Act of 1996 (110 Stat. 3658), 

8 is modified to direct the Secretary to credit toward the non9 Federal share of the cost of the project, or provide reim10 bursement not to exceed $800,000, for the costs of any work 

11 carried out by the non-Federal interest before, on, or after 

12 the date of the project partnership agreement if the Sec13 retary determines that the work is integral to the project. 

14 SEC. 3015. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI15 FORNIA. 

16 The project for navigation, Larkspur Ferry Channel, 

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

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

19 is modified to direct the Secretary to determine whether 

20 maintenance of the project is feasible, and if the Secretary 

21 determines that maintenance of the project is feasible, to 

22 carry out such maintenance. 

23 SEC. 3016. LLAGAS CREEK, CALIFORNIA. 

24 The project for flood damage reduction, Llagas Creek, 

25 California, authorized by section 501(a) of the Water Re-
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1 sources Development Act of 1999 (113 Stat. 333), is modi2 fied to authorize the Secretary to carry out the project at 

3 a total cost of $105,000,000. 

4 SEC. 3017. LOS ANGELES HARBOR, CALIFORNIA. 

5 The project for navigation, Los Angeles Harbor, Cali6 fornia, authorized by section 101(b)(5) of the Water Re7 sources Development Act of 2000 (114 Stat. 2577), is modi8 fied to authorize the Secretary to carry out the project at 

9 a total cost of $222,000,000. 

10 SEC. 3018. MAGPIE CREEK, CALIFORNIA. 

11 (a) IN GENERAL.—The project for Magpie Creek, Cali12 fornia, authorized under section 205 of the Flood Control 

13 Act of 1948 (33 U.S.C. 701s), is modified to direct the Sec14 retary to apply the cost-sharing requirements of section 

15 103(b) of the Water Resources Development Act of 1986 

16 (100 Stat. 4085) for the portion of the project consisting 

17 of land acquisition to preserve and enhance existing flood18 water storage. 

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

20 non-Federal share of the cost of the project the cost of plan21 ning and design work carried out by the non-Federal inter22 est before the date of the partnership agreement for the 

23 project if the Secretary determines that the work is integral 

24 to the project. 
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1 SEC. 3019. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI2 FORNIA. 

3 The project for aquatic ecosystem restoration, Pacific 

4 Flyway Center, Sacramento, California, being carried out 

5 under section 206 of the Water Resources Development Act 

6 of 1996 (33 U.S.C. 2330), is modified to authorize the Sec7 retary to expend $2,000,000 to enhance public access to the 

8 project. 

9 SEC. 3020. PINOLE CREEK, CALIFORNIA. 

10 The project for improvement of the quality of the envi11 ronment, Pinole Creek Phase I, California, being carried 

12 out under section 1135 of the Water Resources Development 

13 Act of 1986 (33 U.S.C. 2309a), is modified to direct the 

14 Secretary to credit toward the non-Federal share of the cost 

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

16 interest before the date of the partnership agreement for the 

17 project if the Secretary determines that the work is integral 

18 to the project. 

19 SEC. 3021. PRADO DAM, CALIFORNIA. 

20 Upon completion of the modifications to the Prado 

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

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

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

24 4113), the Memorandum of Agreement for the Operation for 

25 Prado Dam for Seasonal Additional Water Conservation 

26 between the Department of the Army and the Orange Coun-
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1 ty Water District (including all the conditions and stipula2 tions in the memorandum) shall remain in effect for vol3 umes of water made available prior to such modifications. 

4 SEC. 3022. SACRAMENTO AND AMERICAN RIVERS FLOOD 

5 CONTROL, CALIFORNIA. 

6 (a) DETERMINATION OF FEDERAL COSTS PAID BY

7 NON-FEDERAL INTEREST.—

8 (1) FEDERAL COSTS PAID BY NON-FEDERAL IN9 TEREST.—The Secretary shall determine the amount 

10 paid by the Sacramento Area Flood Control Agency 

11 towards the Federal share of the cost of the project for 

12 the Natomas levee features authorized by section 

13 9159(b) of the Department of Defense Appropriations 

14 Act, 1993 (106 Stat. 1944) of the project for flood con15 trol and recreation, Sacramento and American Riv16 ers, California. 

17 (2) REIMBURSEMENTS TO NON-FEDERAL INTER18 EST.—The Secretary shall determine the amount of 

19 reimbursements paid to the Sacramento Flood Control 

20 Agency for payment of the Federal share of the cost 

21 of the project referred to in paragraph (1). 

22 (3) DETERMINATION OF FEDERAL SHARE.—In 

23 carrying out paragraph (1), the Secretary shall in24 clude in the total cost of the project all costs of the 
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1 following activities that the Secretary determines to 

2 be integral to the project: 

3 (A) Planning, engineering, and construc4 tion. 

5 (B) Acquisition of project lands, easements, 

6 and rights-of-way. 

7 (C) Performance of relocations. 

8 (D) Environmental mitigation for all 

9 project elements. 

10 (b) CREDIT.—

11 (1) IN GENERAL.—The Secretary shall credit to12 ward the non-Federal share of the cost of any flood 

13 damage reduction project, authorized before the date 

14 of enactment of this Act, for which the non-Federal 

15 interest is the Sacramento Area Flood Control Agency 

16 an amount equal to the total amount determined 

17 under subsection (a)(1) reduced by the amount deter18 mined under subsection (a)(2). 

19 (2) ALLOCATION OF CREDIT.—The Secretary 

20 shall allocate the amount to be credited under para21 graph (1) toward the non-Federal share of such 

22 projects as are requested by the Sacramento Area 

23 Flood Control Agency. 
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1 SEC. 3023. 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 of 

8 planning and design work carried out by the non-Federal 

9 interest before the date of the partnership agreement for the 

10 project if the Secretary determines that the work is integral 

11 to the project. 

12 SEC. 3024. 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 of 

22 1996 (110 Stat. 3110), title I of the Energy and Water De23 velopment Appropriations Act, 1999 (112 Stat. 1841), and 

24 section 305 of the Water Resources Development Act of 1999 

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

26 to credit the non-Federal interest up to $4,000,000 toward 
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1 the non-Federal share of the cost of the project for costs in2 curred by the non-Federal interest in carrying out activities 

3 (including the provision of lands, easements, rights-of-way, 

4 relocations, and dredged material disposal areas) associated 

5 with environmental compliance for the project if the Sec6 retary determines that the activities are integral to the 

7 project. 

8 SEC. 3025. SANTA CRUZ HARBOR, CALIFORNIA. 

9 The project of navigation, Santa Cruz Harbor, Cali10 fornia, authorized by section 101 of the River and Harbor 

11 Act of 1958 (72 Stat. 300) and modified by section 809 

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

13 4168) and section 526 of the Water Resources Development 

14 Act of 1999 (113 Stat. 346), is modified to direct the Sec15 retary—

16 (1) to renegotiate the memorandum of agreement 

17 with the non-Federal interest to increase the annual 

18 payment to reflect the updated cost of operation and 

19 maintenance that is the Federal and non-Federal 

20 share as provided by law based on the project pur21 pose; and 

22 (2) to revise the memorandum of agreement to 

23 include terms that revise such payments for inflation. 
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1 SEC. 3026. SEVEN OAKS DAM, CALIFORNIA. 

2 The project for flood control, Santa Ana Mainstem, au3 thorized by section 401(a) of the Water Resources Develop4 ment Act of 1986 (100 Stat. 4113) and modified by section 

5 104 of the Energy and Water Development Appropriations 

6 Act, 1988 (101 Stat. 1329–11), section 102(e) of the Water 

7 Resources Development Act of 1990 (104 Stat. 4611), and 

8 section 311 of the Water Resources Development Act of 1996 

9 (110 Stat. 3713), is further modified to direct the Secretary 

10 to conduct a study for the reallocation of water storage at 

11 the Seven Oaks Dam, California, for water conservation. 

12 SEC. 3027. UPPER GUADALUPE RIVER, CALIFORNIA. 

13 The project for flood damage reduction and recreation, 

14 Upper Guadalupe River, California, described as the By15 pass Channel Plan of the Chief of Engineers dated August 

16 19, 1998, authorized by section 101(a)(9) of the Water Re17 sources Development Act of 1999 (113 Stat. 275), is modi18 fied to authorize the Secretary to construct the project, at 

19 a total cost of $212,100,000, with an estimated Federal cost 

20 of $106,050,000, and an estimated non-Federal cost of 

21 $106,050,000. The non-Federal share of the cost of the 

22 project shall be subject to section 103(a)(3) of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2213(a)(3)). 

24 SEC. 3028. WALNUT CREEK CHANNEL, CALIFORNIA. 

25 The project for aquatic ecosystem restoration, Walnut 

26 Creek Channel, California, being carried out under section 
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1 206 of the Water Resources Development Act of 1996 (33 

2 U.S.C. 2330), is modified to direct the Secretary to credit 

3 toward the non-Federal share of the cost of the project the 

4 cost of work carried out by the non-Federal interest before 

5 the date of the partnership agreement for the project if the 

6 Secretary determines that the work is integral to the project 

7 and to authorize the Secretary to consider national eco8 system restoration benefits in determining the Federal in9 terest in the project. 

10 SEC. 3029. WILDCAT/SAN PABLO CREEK PHASE I, CALI11 FORNIA. 

12 The project for improvement of the quality of the envi13 ronment, Wildcat/San Pablo Creek Phase I, California, 

14 being carried out under section 1135 of the Water Resources 

15 Development Act of 1986 (33 U.S.C. 2309a), is modified 

16 to direct the Secretary to credit toward the non-Federal 

17 share of the cost of the project the cost of 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 that the work is integral to the project. 

21 SEC. 3030. WILDCAT/SAN PABLO CREEK PHASE II, CALI22 FORNIA. 

23 The project for aquatic ecosystem restoration, Wildcat/

24 San Pablo Creek Phase II, California, being carried out 

25 under section 206 of the Water Resources Development Act 
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1 of 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

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

3 project the cost of work carried out by the non-Federal in4 terest before the date of the partnership agreement for the 

5 project if the Secretary determines that the work is integral 

6 to the project and to authorize the Secretary to consider 

7 national ecosystem restoration benefits in determining the 

8 Federal interest in the project. 

9 SEC. 3031. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

10 The project for flood damage reduction, Yuba River 

11 Basin, California, authorized by section 101(a)(10) of the 

12 Water Resources Development Act of 1999 (113 Stat. 275), 

13 is modified—

14 (1) to authorize the Secretary to construct the 

15 project at a total cost of $107,700,000, with an esti16 mated Federal cost of $70,000,000 and an estimated 

17 non-Federal cost of $37,700,000; and 

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

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

20 work carried out by the non-Federal interest before 

21 the date of the partnership agreement for the project 

22 if the Secretary determines that the work is integral 

23 to the project. 
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1 SEC. 3032. INTRACOASTAL WATERWAY, DELAWARE RIVER 

2 TO CHESAPEAKE BAY, DELAWARE AND MARY3 LAND. 

4 The project for navigation, Intracoastal Waterway, 

5 Delaware River to Chesapeake Bay, Delaware and Mary6 land, authorized by the first section of the Rivers and Har7 bors Act of August 30, 1935 (49 Stat. 1030), and section 

8 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 

9 is modified to add recreation as a project purpose. 

10 SEC. 3033. BREVARD COUNTY, FLORIDA. 

11 (a) SHORELINE.—The project for shoreline protection, 

12 Brevard County, Florida, authorized by section 101(b)(7) 

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

14 3667), is modified—

15 (1) to direct the Secretary to establish the reach 

16 of the project as the reach between the Florida depart17 ment of environmental protection monuments 75.4 to 

18 118.3, a distance of 7.6 miles; and 

19 (2) to direct the Secretary to expedite the general 

20 reevaluation report required by section 418 of the 

21 Water Resources Development Act of 2000 (114 Stat. 

22 2637). 

23 (b) CREDIT.—Section 310 of the Water Resources De24 velopment Act of 1999 (113 Stat. 301) is amended by add25 ing at the end the following: 
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1 ‘‘(d) CREDIT.—After completion of the study, the Sec2 retary shall credit toward the non-Federal share of the cost 

3 of the project the cost of nourishment and renourishment 

4 associated with the shore protection project incurred by the 

5 non-Federal interest to respond to damages to Brevard 

6 County beaches that are the result of a Federal navigation 

7 project, as determined in the final report for the study.’’. 

8 SEC. 3034. BROWARD COUNTY AND HILLSBORO INLET, 

9 FLORIDA. 

10 The project for shore protection, Broward County and 

11 Hillsboro Inlet, Florida, authorized by section 301 of the 

12 River and Harbor Act of 1965 (79 Stat. 1090), and modi13 fied by section 311 of the Water Resources Development Act 

14 of 1999 (113 Stat. 301), is further modified to direct the 

15 Secretary to credit toward the non-Federal share of the cost 

16 of the project the cost of mitigation construction and derelict 

17 erosion control structure removal carried out by the non18 Federal interest before the date of the partnership agreement 

19 for the project if the Secretary determines that the work is 

20 integral to the project. 

21 SEC. 3035. CANAVERAL HARBOR, FLORIDA. 

22 In carrying out the project for navigation, Canaveral 

23 Harbor, Florida, authorized by section 101 of the River and 

24 Harbor Act of 1962 (76 Stat. 1174), the Secretary shall con25 struct a sediment trap. 
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1 SEC. 3036. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

2 The project for shore protection, Gasparilla and Estero 

3 Island segments, Lee County, Florida, authorized under sec4 tion 201 of the Flood Control Act of 1965 (79 Stat. 1073) 

5 by Senate Resolution dated December 17, 1970, and by 

6 House Resolution dated December 15, 1970, and modified 

7 by section 309 of the Water Resources Development Act of 

8 2000 (114 Stat. 2602), is further modified to direct the Sec9 retary to credit toward the non-Federal share of the cost 

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

11 interest before the date of the partnership agreement for the 

12 project if the Secretary determines that the work is integral 

13 to the project. 

14 SEC. 3037. JACKSONVILLE HARBOR, FLORIDA. 

15 (a) IN GENERAL.—The project for navigation, Jack16 sonville Harbor, Florida, authorized by section 101(a)(17) 

17 of the Water Resources Development Act of 1999 (113 Stat. 

18 276), is modified to authorize the Secretary to extend the 

19 navigation features in accordance with the Report of the 

20 Chief of Engineers, dated July 22, 2003, at a total cost of 

21 $14,658,000, with an estimated Federal cost of $9,636,000 

22 and an estimated non-Federal cost of $5,022,000. 

23 (b) GENERAL REEVALUATION REPORTS.—The non24 Federal share of the cost of the general reevaluation report 

25 that resulted in the report of the Chief of Engineers for the 

26 project and the non-Federal share of the cost of the general 
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1 reevaluation report for Jacksonville Harbor, Florida, being 

2 conducted on June 1, 2005, shall each be the same percent3 age as the non-Federal share of the cost of construction of 

4 the project. 

5 (c) AGREEMENT.—The Secretary shall enter into new 

6 partnership agreements with the non-Federal interest to re7 flect the cost sharing required by subsection (b). 

8 SEC. 3038. LIDO KEY BEACH, SARASOTA, FLORIDA. 

9 (a) IN GENERAL.—The project for shore protection, 

10 Lido Key Beach, Sarasota, Florida, authorized by section 

11 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 

12 deauthorized under section 1001(b) of the Water Resources 

13 Development Act of 1986 (33 U.S.C. 579a(b)), and reau14 thorized by section 364(2)(A) of the Water Resources Devel15 opment Act of 1999 (113 Stat. 313), is modified to direct 

16 the Secretary to construct the project substantially in ac17 cordance with the report of the Chief of Engineers dated 

18 December 22, 2004, at a total cost of $14,809,000, with an 

19 estimated Federal cost of $9,088,000 and an estimated non20 Federal cost of $5,721,000, and at an estimated total cost 

21 of $58,635,000 for periodic nourishment over the 50-year 

22 life of the project. 

23 (b) CONSTRUCTION OF SHORELINE PROTECTION

24 PROJECTS BY NON-FEDERAL INTERESTS.—The Secretary 

25 shall enter into a partnership agreement with the non-Fed-
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1 eral sponsor in accordance with section 206 of the Water 

2 Resources Development Act of 1992 (33 U.S.C. 426i–1) for 

3 the modified project. 

4 SEC. 3039. MIAMI HARBOR, FLORIDA. 

5 The project for navigation, Miami Harbor Channel, 

6 Florida, authorized by section 101(a)(9) of the Water Re7 sources Development Act of 1990 (104 Stat. 4606) and 

8 modified by section 315 of the Water Resources Development 

9 Act of 1999 (113 Stat. 302), is further modified—

10 (1) to include as a project purpose environ11 mental mitigation required before July 18, 2003, by 

12 a Federal, State, or local environmental agency for 

13 unauthorized or unanticipated environmental im14 pacts within, or in the vicinity of, the authorized 

15 project; and 

16 (2) to direct the Secretary to reimburse the non17 Federal interest for costs it has incurred in construc18 tion of the project in accordance with section 204 of 

19 the Water Resources Development Act of 1986 (33 

20 U.S.C. 2232). 

21 SEC. 3040. PEANUT ISLAND, FLORIDA. 

22 The maximum amount of Federal funds that may be 

23 expended for the project for improvement of the quality of 

24 the environment, Peanut Island, Palm Beach County, Flor25 ida, being carried out under section 1135 of the Water Re-
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1 sources Development Act of 1986 (33 U.S.C. 2309a) shall 

2 be $9,750,000. 

3 SEC. 3041. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

4 The project for navigation, Tampa Harbor-Big Bend 

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

6 Water Resources Development Act of 1999 (113 Stat. 276) 

7 is modified to direct the Secretary to credit toward the non8 Federal share of the cost of the project the cost of planning, 

9 design, and construction work carried out by the non-Fed10 eral interest before the date of the partnership agreement 

11 for the project if the Secretary determines that the work is 

12 integral to the project. 

13 SEC. 3042. TAMPA HARBOR CUT B, FLORIDA. 

14 (a) IN GENERAL.—The project for navigation, Tampa 

15 Harbor, Florida, authorized by section 101 of the River and 

16 Harbor Act of 1970 (84 Stat. 1818), is modified to author17 ize the Secretary to construct passing lanes in an area ap18 proximately 3.5 miles long and centered on Tampa Harbor 

19 Cut B if the Secretary determines that such improvements 

20 are necessary for navigation safety. 

21 (b) GENERAL REEVAULATION REPORT.—The non-Fed22 eral share of the cost of the general reevaluation report for 

23 Tampa Harbor, Florida, being conducted on June 1, 2005, 

24 shall be the same percentage as the non-Federal share of 

25 the cost of construction of the project. 
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1 (c) AGREEMENT.—The Secretary shall enter into a 

2 new partnership agreement with the non-Federal interest 

3 to reflect the cost sharing required by subsection (b). 

4 SEC. 3043. ALLATOONA LAKE, GEORGIA. 

5 (a) LAND EXCHANGE.—

6 (1) IN GENERAL.—The Secretary may exchange 

7 lands above 863 feet in elevation at Allatoona Lake, 

8 Georgia, identified in the Real Estate Design Memo9 randum prepared by the Mobile district engineer, 

10 April 5, 1996, and approved October 8, 1996, for 

11 lands on the north side of Allatoona Lake that are 

12 needed for wildlife management and for protection of 

13 the water quality and overall environment of 

14 Allatoona Lake. 

15 (2) TERMS AND CONDITIONS.—The basis for all 

16 land exchanges under this subsection shall be a fair 

17 market appraisal so that lands exchanged are of equal 

18 value. 

19 (b) DISPOSAL AND ACQUISITION OF LANDS, 

20 ALLATOONA LAKE, GEORGIA.—

21 (1) IN GENERAL.—The Secretary may also sell 

22 lands above 863 feet in elevation at Allatoona Lake, 

23 Georgia, identified in the memorandum referred to in 

24 subsection (a)(1) and may use the proceeds to pay 

25 costs associated with the purchase of lands needed for 
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1 wildlife management and for protection of the water 

2 quality and overall environment of Allatoona Lake. 

3 (2) TERMS AND CONDITIONS.—Land sales and 

4 purchases to be conducted under this subsection shall 

5 be subject to the following terms and conditions: 

6 (A) Lands acquired under this subsection 

7 shall be by negotiated purchase from willing sell8 ers only. 

9 (B) The basis for all transactions under the 

10 program shall be a fair market appraisal accept11 able to the Secretary. 

12 (C) The purchasers shall share in the associ13 ated environmental and real estate costs, to in14 clude surveys and associated fees in accordance 

15 with the memorandum referred to in subsection 

16 (a)(1). 

17 (D) Any other conditions that the Secretary 

18 may impose. 

19 (c) REPEAL.—Section 325 of the Water Resources De20 velopment Act of 1992 (106 Stat. 4849) is repealed. 

21 SEC. 3044. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 

22 The maximum amount of Federal funds that may be 

23 expended for the project for improvement of the quality of 

24 the environment, Latham River, Glynn County, Georgia, 

25 being carried out under section 1135 of the Water Resources 
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1 Development Act of 1986 (33 U.S.C. 2309a) shall be 

2 $6,175,000. 

3 SEC. 3045. DWORSHAK DAM AND RESERVOIR IMPROVE4 MENTS, IDAHO. 

5 The Secretary may carry out improvements to rec6 reational facilities at the Dworshak Dam and Reservoir, 

7 North Fork, Clearwater River, Idaho, authorized by section 

8 203 of the Flood Control Act of 1962 (76 Stat. 1193), to 

9 accommodate lower pool levels. 

10 SEC. 3046. BEARDSTOWN COMMUNITY BOAT HARBOR, 

11 BEARDSTOWN, ILLINOIS. 

12 (a) PARTNERSHIP AGREEMENT.—The project for navi13 gation, Muscooten Bay, Illinois River, Beardstown Commu14 nity Boat Harbor, Beardstown, Illinois, constructed under 

15 section 107 of the River and Harbor Act of 1960 (33 U.S.C. 

16 577), is modified to direct the Secretary to enter into a 

17 partnership agreement with the city of Beardstown to re18 place the August 18, 1983, local cooperation agreement with 

19 the Beardstown Community Park District. The partnership 

20 agreement shall include the same rights and responsibilities 

21 as the agreement, changing only the identity of the non22 Federal sponsor. 

23 (b) MAINTENANCE.—Following execution of the part24 nership agreement referred to in subsection (a), the Sec-
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1 retary may carry out maintenance of the project referred 

2 to in subsection (a) on an annual basis. 

3 SEC. 3047. CACHE RIVER LEVEE, ILLINOIS. 

4 The Cache River Levee portion of the project for flood 

5 control, Cache River, Illinois, authorized by the Act of June 

6 28, 1938 (52 Stat. 1215), is modified to add environmental 

7 restoration as a project purpose. 

8 SEC. 3048. CHICAGO RIVER, ILLINOIS. 

9 The navigation channel for the North Branch Canal 

10 portion of the Chicago River, authorized by the first section 

11 of the Rivers and Harbors Appropriations Act of March 3, 

12 1899 (30 Stat. 1129), extending from 100 feet downstream 

13 of the Halsted Street Bridge to 100 feet upstream of the 

14 Division Street Bridge is modified to be no wider than 66 

15 feet. 

16 SEC. 3049. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS. 

17 (a) EXISTING BARRIER.—The Secretary shall upgrade 

18 and make permanent, at Federal expense, the existing Chi19 cago Sanitary and Ship Canal Dispersal Barrier Chicago, 

20 Illinois, constructed as a demonstration project under sec21 tion 1202(i)(3) of the Nonindigenous Aquatic Nuisance Pre22 vention and Control Act of 1990 (16 U.S.C. 4722(i)(3)). 

23 (b) OPERATION AND MAINTENANCE.—The barrier re24 ferred to in subsection (a) and the barrier in the Chicago 

25 Sanitary and Ship Canal being constructed under section 
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1 1135 of the Water Resources Development Act of 1986 (33 

2 U.S.C. 2309a) shall be operated and maintained, at Federal 

3 expense, as a system in a manner to optimize effectiveness. 

4 Operation and maintenance includes investigating and 

5 eliminating potential pathways that may allow aquatic 

6 species in the Des Plaines River and Illinois and Michigan 

7 Canal to bypass the barriers in the Chicago Sanitary and 

8 Ship Canal. 

9 (c) FEASIBILITY STUDY.—The Secretary, in consulta10 tion with appropriate Federal, State, local, and nongovern11 mental entities, shall conduct a feasibility study, at Federal 

12 expense, of the range of options and technologies available 

13 to prevent the spread of aquatic species between the Great 

14 Lakes and Mississippi River Basins through the Chicago 

15 Sanitary and Ship Canal and other pathways. 

16 SEC. 3050. EMIQUON, ILLINOIS. 

17 (a) MAXIMUM AMOUNT.—The maximum amount of 

18 Federal funds that may be expended for the project for 

19 aquatic ecosystem restoration, Emiquon, Illinois, being car20 ried out under section 206 of the Water Resources Develop21 ment Act of 1996 (33 U.S.C. 2330), shall be $7,500,000. 

22 (b) LIMITATION.—Nothing in this section shall affect 

23 the eligibility of the project for emergency repair assistance 

24 under section 5(a) of the Act entitled ‘‘An Act authorizing 

25 the construction of certain public works on rivers and har-
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1 bors for flood control, and for other purposes’’, approved 

2 August 18, 1941 (33 U.S.C. 701n). 

3 SEC. 3051. LASALLE, ILLINOIS. 

4 In carrying out section 312 of the Water Resources De5 velopment Act of 1990 (104 Stat. 4639–4640), the Secretary 

6 shall give priority to work in the vicinity of LaSalle, Illi7 nois, on the Illinois and Michigan Canal. 

8 SEC. 3052. SPUNKY BOTTOMS, ILLINOIS. 

9 (a) PROJECT PURPOSE.—The project for flood control, 

10 Spunky Bottoms, Illinois, authorized by section 5 of the 

11 Flood Control Act of June 26, 1936 (35 Stat. 1584), is 

12 modified to add environmental restoration as a project pur13 pose. 

14 (b) MAXIMUM AMOUNT.—The maximum amount of 

15 Federal funds that may be expended for the project for im16 provement of the quality of the environment, Spunky Bot17 toms, Illinois, being carried out under section 1135 of the 

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

19 2309a), shall be $7,500,000. 

20 (c) LIMITATION.—Nothing in this section shall affect 

21 the eligibility of the project for emergency repair assistance 

22 under section 5(a) of the Act entitled ‘‘An Act authorizing 

23 the construction of certain public works on rivers and har24 bors for flood control, and for other purposes’’, approved 

25 August 18, 1941 (33 U.S.C. 701n). 
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1 SEC. 3053. FORT WAYNE AND VICINITY, INDIANA. 

2 The project for flood control Fort Wayne, St. Mary’s 

3 and Maumee Rivers, Indiana, authorized by section 

4 101(a)(11) of the Water Resources Development Act of 1990 

5 (104 Stat. 4604), is modified—

6 (1) to direct the Secretary to provide a 100-year 

7 level of flood protection at the Berry-Thieme, Park8 Thompson, Woodhurst, and Tillman sites along the 

9 St. Mary’s River, Fort Wayne and vicinity, Indiana, 

10 at a total cost of $5,300,000; and 

11 (2) to allow the non-Federal interest to partici12 pate in the financing of the project in accordance 

13 with section 903(c) of the Water Resources Develop14 ment Act of 1986 (100 Stat. 4184) to the extent that 

15 the Secretary’s evaluation indicates that applying 

16 such section is necessary to implement the project. 

17 SEC. 3054. KOONTZ LAKE, INDIANA. 

18 The project for aquatic ecosystem restoration, Koontz 

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

20 Water Resources Development Act of 1996 (33 U.S.C. 2330) 

21 and modified by section 520 of the Water Resources Devel22 opment Act of 2000 (114 Stat. 2655), is further modified 

23 to direct the Secretary to seek to reduce the cost of the 

24 project by using innovative technologies and cost reduction 

25 measures determined from a review of non-Federal lake 

26 dredging projects in the vicinity of Koontz Lake. 
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1 SEC. 3055. LITTLE CALUMET RIVER, INDIANA. 

2 The project for flood control, Little Calumet River, In3 diana, authorized by section 401(a) of the Water Resources 

4 Development Act of 1986 (100 Stat. 4115), is modified to 

5 authorize the Secretary to carry out the project in accord6 ance with the postauthorization change report dated August 

7 2000, at a total cost of $198,000,000, with an estimated 

8 Federal cost of $148,500,000 and an estimated non-Federal 

9 cost of $49,500,000. 

10 SEC. 3056. WHITE RIVER, INDIANA. 

11 The project for flood control, Indianapolis on West 

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

13 the Act entitled ‘‘An Act authorizing the construction of cer14 tain public works on rivers and harbors for flood control, 

15 and for other purposes’’, approved June 22, 1936 (49 Stat. 

16 1586), and modified by section 323 of the Water Resources 

17 Development Act of 1996 (110 Stat. 3716) and section 322 

18 of the Water Resources Development Act of 1999 (113 Stat. 

19 303–304), is further modified—

20 (1) to authorize the Secretary to undertake the 

21 riverfront alterations described in the Central Indian22 apolis Waterfront Concept Plan, dated February 

23 1994, for the Fall Creek Reach feature at a total cost 

24 of $28,545,000; and 

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

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

2 by the non-Federal interest before the date of the part3 nership agreement for the project if the Secretary de4 termines that the work is integral to the project. 

5 SEC. 3057. DES MOINES RIVER AND GREENBELT, IOWA. 

6 The project for the Des Moines Recreational River and 

7 Greenbelt, Iowa, authorized by Public Law 99–88 and 

8 modified by section 604 of the Water Resources Development 

9 Act of 1986 (100 Stat. 4153), is modified to include en10 hanced public access and recreational enhancements, at a 

11 Federal cost of $3,000,000. 

12 SEC. 3058. PRESTONSBURG, KENTUCKY. 

13 The Prestonsburg, Kentucky, element of the project for 

14 flood control, Levisa and Tug Fork of the Big Sandy and 

15 Cumberland Rivers, West Virginia, Virginia, and Ken16 tucky, authorized by section 202(a) of the Energy and 

17 Water Development Appropriations Act, 1981 (94 Stat. 

18 1339), is modified to direct the Secretary to take measures 

19 to provide a 100-year level of flood protection for the city 

20 of Prestonsburg. 

21 SEC. 3059. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

22 EAST BATON ROUGE PARISH WATERSHED. 

23 The project for flood damage reduction and recreation, 

24 Amite River and Tributaries, Louisiana, East Baton Rouge 

25 Parish Watershed, authorized by section 101(a)(21) of the 
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1 Water Resources Development Act of 1999 (113 Stat. 277) 

2 and modified by section 116 of division D of Public Law 

3 108–7 (117 Stat. 140), is further modified—

4 (1) to direct the Secretary to carry out the 

5 project with the cost sharing for the project deter6 mined in accordance with section 103(a) of the Water 

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

8 2213(a)), as in effect on October 11, 1996; 

9 (2) to authorize the Secretary to construct the 

10 project at a total cost of $178,000,000; and 

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

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

13 work carried out by the non-Federal interest before 

14 the date of the partnership agreement for the project 

15 if the Secretary determines that the work is integral 

16 to the project. 

17 SEC. 3060. ATCHAFALAYA BASIN, LOUISIANA. 

18 (a) IN GENERAL.—Section 315(a)(1) of the Water Re19 sources Development Act of 2000 (114 Stat. 2603–2604) is 

20 amended to read as follows: 

21 ‘‘(1) is authorized to study, design, construct, op22 erate, and maintain, at Federal expense, a Type A 

23 Regional Visitor Center in the vicinity of Morgan 

24 City, Louisiana, in consultation with the State of 

25 Louisiana, to provide information to the public on 
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1 the Atchafalaya River system and other associated 

2 waterways that have influenced surrounding commu3 nities, and national and local water resources devel4 opment of the Army Corps of Engineers in South 

5 Central Louisiana; and’’. 

6 (b) TECHNICAL CORRECTION.—Section 315(b) of such 

7 Act is amended by striking ‘‘(a)’’ and inserting ‘‘(a)(2)’’. 

8 (c) DONATIONS.—Section 315 of such Act is amended 

9 by adding at the end the following: 

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

11 the Mississippi River Commission is authorized to accept 

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

13 from non-Federal governmental entities and nonprofit cor14 porations.’’. 

15 SEC. 3061. BAYOU PLAQUEMINE, LOUISIANA. 

16 The project for the improvement of the quality of the 

17 environment, Bayou Plaquemine, Louisiana, being carried 

18 out under section 1135 of the Water Resources Development 

19 Act of 1986 (33 U.S.C. 2309(a)), is modified to direct the 

20 Secretary to credit toward the non-Federal share of the cost 

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

22 interest before the date of the partnership agreement for the 

23 project if the Secretary determines that the work is integral 

24 to the project. 
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1 SEC. 3062. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU2 ISIANA. 

3 The public access feature of the Atchafalaya Basin 

4 Floodway System project, Louisiana, authorized by section 

5 601(a) of the Water Resources Development Act 1986 (100 

6 Stat. 4142), is modified to authorize the Secretary to ac7 quire from willing sellers the fee interest, exclusive of oil, 

8 gas, and minerals, of an additional 20,000 acres of land 

9 within the Lower Atchafalaya Basin Floodway for the pub10 lic access feature of the Atchafalaya Basin Floodway Sys11 tem, to enhance fish and wildlife resources, at a total cost 

12 of $4,000,000. 

13 SEC. 3063. 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. 4142) 

19 and modified by section 4(h) of the Water Resources Devel20 opment Act of 1988 (102 Stat. 4016), section 102(p) of the 

21 Water Resources Development Act of 1990 (104 Stat. 4613), 

22 section 301(b)(7) of the Water Resources Development Act 

23 of 1996 (110 Stat. 3710), and section 316 of the Water Re24 sources Development Act of 2000 (114 Stat. 2572), is fur25 ther modified—
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1 (1) to authorize the purchase and reforesting 

2 lands that have been cleared or converted to agricul3 tural uses; and 

4 (2) to incorporate current wildlife and forestry 

5 management practices for the purpose of improving 

6 species diversity on mitigation lands that meet Fed7 eral and State of Louisiana habitat goals and objec8 tives. 

9 SEC. 3064. MISSISSIPPI DELTA REGION, LOUISIANA. 

10 The Mississippi Delta Region project, Louisiana, au11 thorized as part of the project for hurricane-flood protection 

12 on Lake Pontchartrain, Louisiana, by section 204 of the 

13 Flood Control Act of 1965 (79 Stat. 1077) and modified 

14 by section 365 of the Water Resources Development Act of 

15 1996 (110 Stat. 3739), is further modified to direct the Sec16 retary to credit toward the non-Federal share of the cost 

17 of the project the costs of relocating oyster beds in the Davis 

18 Pond project area if the Secretary determines that the work 

19 is integral to the Mississippi Delta Region project. 

20 SEC. 3065. NEW ORLEANS TO VENICE, LOUISIANA. 

21 The New Orleans to Venice, Louisiana, project for hur22 ricane protection, authorized by section 203 of the Flood 

23 Control Act of 1962 (76 Stat. 1184), is modified to author24 ize the Secretary to carry out the work on the St. Jude to 
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1 City Price, Upper Reach A back levee. The Federal share 

2 of the cost of such work shall be 70 percent. 

3 SEC. 3066. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF 

4 HARVEY CANAL), LOUISIANA. 

5 Section 328 of the Water Resources Development Act 

6 of 1999 (113 Stat. 304–305) is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘operation and mainte9 nance’’ and inserting ‘‘operation, maintenance, 

10 rehabilitation, repair, and replacement’’; and 

11 (B) by striking ‘‘Algiers Channel’’ and in12 serting ‘‘Algiers Canal Levees’’; and 

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

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

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

16 SEC. 3067. CAMP ELLIS, SACO, MAINE. 

17 The maximum amount of Federal funds that may be 

18 expended for the project being carried out under section 111 

19 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for 

20 the mitigation of shore damages attributable to the project 

21 for navigation, Camp Ellis, Saco, Maine, shall be 

22 $25,000,000. 

23 SEC. 3068. UNION RIVER, MAINE. 

24 The project for navigation, Union River, Maine, au25 thorized by the first section of the Act entitled ‘‘An Act mak-
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1 ing appropriations for the construction, repair, and preser2 vation of certain public works on rivers and harbors, and 

3 for other purposes’’, approved June 3, 1896 (29 Stat. 215), 

4 is modified by redesignating as an anchorage area that por5 tion of the project consisting of a 6-foot turning basin and 

6 lying northerly of a line commencing at a point 

7 N315,975.13, E1,004,424.86, thence running north 61 de8 grees 27 minutes 20.71 seconds west about 132.34 feet to 

9 a point N316,038.37, E1,004,308.61. 

10 SEC. 3069. GWYNNS FALLS WATERSHED, BALTIMORE, MARY11 LAND. 

12 (a) IN GENERAL.—The Secretary shall carry out the 

13 project for ecosystem restoration, Gwynns Falls, Maryland, 

14 in accordance with the Baltimore Metropolitan Water Re15 sources Gwynns Falls Watershed Study-Draft Feasibility 

16 Report and Integrated Environmental Assessment prepared 

17 by the Corps of Engineers and the city of Baltimore, Mary18 land, dated April 2004. 

19 (b) SPECIAL RULE FOR GWYNNS FALLS, MARYLAND.—

20 The report on the project for environmental restoration at 

21 Gwynns Falls, Maryland, shall be treated as being con22 sistent and in compliance with the consent decree entered 

23 into between the United States and the Mayor and City 

24 Council of Baltimore, Maryland, filed with the United 
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1 States District Court for the District of Maryland on April 

2 26, 2002. 

3 (c) REPEAL.—Section 123 of Public Law 108–137 

4 (117 Stat. 1837) is repealed. 

5 SEC. 3070. BOSTON HARBOR, MASSACHUSETTS. 

6 The project for navigation, Boston Harbor, Massachu7 setts, authorized by section 101(a)(13) of the Water Re8 sources Development Act of 1990 (104 Stat. 4607), is modi9 fied to provide that no funds may be expended for the dredg10 ing of Chelsea Creek until the city of Boston and the United 

11 States Coast Guard complete the replacement of the Chelsea 

12 Street Bridge, as identified in the limited reevaluation re13 port for the project dated June 1996. 

14 SEC. 3071. DETROIT RIVER SHORELINE, DETROIT, MICHI15 GAN. 

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

17 streambank and shoreline protection, Detroit River Shore18 line, Detroit, Michigan, being carried out under section 14 

19 of the Flood Control Act of 1946 (33 U.S.C. 701r), is modi20 fied to include measures to enhance public access. 

21 (b) MAXIMUM FEDERAL EXPENDITURE.—The max22 imum amount of Federal funds that may be expended for 

23 the project shall be $3,000,000. 
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1 SEC. 3072. ST. JOSEPH HARBOR, MICHIGAN. 

2 The Secretary shall expedite development of the 

3 dredged material management plan for the project for navi4 gation St. Joseph Harbor, Michigan, authorized by section 

5 101 of the River and Harbor Act of 1958 (72 Stat. 299). 

6 SEC. 3073. SAULT SAINTE MARIE, MICHIGAN. 

7 (a) IN GENERAL.—The text of section 1149 of the 

8 Water Resources Development Act of 1986 (100 Stat. 4254) 

9 is amended to read as follows: 

10 ‘‘The Secretary shall construct at Federal expense a 

11 second lock, of the same dimensions as the existing Poe 

12 Lock, adjacent to the existing lock at Sault Sainte Marie, 

13 Michigan, generally in accordance with the report of the 

14 Board of Engineers for Rivers and Harbors, dated May 19, 

15 1986, and the limited reevaluation report dated February 

16 2004 at a total cost of $341,714,000.’’. 

17 (b) CONFORMING REPEALS.—The following provisoins 

18 are repealed: 

19 (1) Section 107(a)(8) of the Water Resources De20 velopment Act of 1990 (104 Stat. 4620). 

21 (2) Section 330 of the Water Resources Develop22 ment Act of 1996 (110 Stat. 3717–3718). 

23 (3) Section 330 of the Water Resources Develop24 ment Act of 1999 (113 Stat. 305). 
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1 SEC. 3074. ADA, MINNESOTA. 

2 (a) IN GENERAL.—The project for flood damage reduc3 tion, Wild Rice River, Ada, Minnesota, being carried out 

4 under section 205 of the Flood Control Act of 1948 (33 

5 U.S.C. 701s), is modified to authorize the Secretary to con6 sider national ecosystem restoration benefits in determining 

7 the Federal interest in the project. 

8 (b) EVALUATION OF BENEFITS AND COSTS.—In evalu9 ating the economic benefits and costs for the project, the 

10 Secretary shall not consider the emergency levee adjacent 

11 to Judicial Ditch No. 51 in the determination of conditions 

12 existing prior to construction of the project. 

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

14 the project, the Secretary shall allow the non-Federal inter15 est to participate in the financing of the project in accord16 ance with section 903(c) of the Water Resources Develop17 ment Act of 1986 (100 Stat. 4184) to the extent that the 

18 Secretary’s evaluation indicates that applying such section 

19 is necessary to implement the project. 

20 SEC. 3075. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

21 (a) IN GENERAL.—The project for navigation, Duluth 

22 Harbor, McQuade Road, Minnesota, being carried out 

23 under section 107 of the River and Harbor Act of 1960 (33 

24 U.S.C. 577) and modified by section 321 of the Water Re25 sources Development Act of 2000 (114 Stat. 2605), is fur26 ther modified to authorize the Secretary to provide public 
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1 access and recreational facilities as generally described in 

2 the Detailed Project Report and Environmental Assessment, 

3 McQuade Road Harbor of Refuge, Duluth, Minnesota, dated 

4 August 1999. 

5 (b) CREDIT.—The Secretary shall provide credit to6 ward the non-Federal share of the cost of the project for 

7 the costs of design work carried out before the date of the 

8 partnership agreement for the project if the Secretary deter9 mines that the work is integral to the project. 

10 (c) MAXIMUM FEDERAL EXPENDITURE.—The max11 imum amount of Federal funds that may be expended for 

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

13 SEC. 3076. GRAND PORTAGE HARBOR, MINNESOTA. 

14 The Secretary shall provide credit toward the non-Fed15 eral share of the cost of the navigation project for Grand 

16 Portage Harbor, Minnesota, carried out under section 107 

17 of the River and Harbor Act of 1960 (33 U.S.C. 577) and 

18 modified by section 312 of the Water Resources Development 

19 Act of 2000 (114 Stat. 2605), for the costs of design work 

20 carried out before the date of the partnership agreement for 

21 the project if the Secretary determines that the work is inte22 gral to the project. 

23 SEC. 3077. GRANITE FALLS, MINNESOTA. 

24 (a) IN GENERAL.—The Secretary is directed to imple25 ment under section 205 of the Flood Control Act of 1948 
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1 (33 U.S.C. 701s) the locally preferred plan for flood damage 

2 reduction, Granite Falls, Minnesota, substantially in ac3 cordance with the detailed project report dated 2002, at a 

4 total cost of $12,000,000, with an estimated Federal cost 

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

6 $4,000,000. 

7 (b) PROJECT FINANCING.—In evaluating and imple8 menting the project under this section, the Secretary shall 

9 allow the non-Federal interests to participate in the financ10 ing of the project in accordance with section 903(c) of the 

11 Water Resources Development Act of 1986 (100 Stat. 4184), 

12 to the extent that the detailed project report evaluation indi13 cates that applying such section is necessary to implement 

14 the project. 

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

16 non-Federal share of the project the cost of design and con17 struction work carried out by the non-Federal interest be18 fore date of execution of a partnership agreement for the 

19 project if the Secretary determines that the work is integral 

20 to the project. 

21 (d) MAXIMUM FUNDING.—The maximum amount of 

22 Federal funds that may be expended for the flood damage 

23 reduction shall be $8,000,000. 
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1 SEC. 3078. KNIFE RIVER HARBOR, MINNESOTA. 

2 The project for navigation, Harbor at Knife River, 

3 Minnesota, authorized by section 2 of the Rivers and Har4 bors Act of March 2, 1945 (59 Stat. 19), is modified to di5 rect the Secretary to develop a final design and prepare 

6 plans and specifications to correct the harbor entrance and 

7 mooring conditions at the project. 

8 SEC. 3079. RED LAKE RIVER, MINNESOTA. 

9 The project for flood control, Red Lake River, 

10 Crookston, Minnesota, authorized by section 101(a)(23) of 

11 the Water Resources Development Act of 1999 (113 Stat. 

12 278), is modified to include flood protection for the adjacent 

13 and interconnected areas generally known as the Sampson 

14 and Chase/Loring neighborhoods, in accordance with the 

15 Feasibility Report Supplement, Local Flood Protection, 

16 Crookston, Minnesota, at a total cost of $17,000,000, with 

17 an estimated Federal cost of $11,000,000 and an estimated 

18 non-Federal cost of $6,000,000. 

19 SEC. 3080. SILVER BAY, MINNESOTA. 

20 The project for navigation, Silver Bay, Minnesota, au21 thorized by section 2 of the Rivers and Harbors Act of 

22 March 2, 1945 (59 Stat. 19), is modified to include oper23 ation and maintenance of the general navigation facilities 

24 as a Federal responsibility. 
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1 SEC. 3081. TACONITE HARBOR, MINNESOTA. 

2 The project for navigation, Taconite Harbor, Min3 nesota, carried out under section 107 of the River and Har4 bor Act of 1960 (33 U.S.C. 577), is modified to include op5 eration and maintenance of the general navigation facilities 

6 as a Federal responsibility. 

7 SEC. 3082. TWO HARBORS, MINNESOTA. 

8 (a) IN GENERAL.—The project for navigation, Two 

9 Harbors, Minnesota, being carried out under section 107 

10 of the River and Harbor Act of 1960 (33 U.S.C. 577), is 

11 modified to include construction of a dredged material dis12 posal facility, including actions required to clear the site. 

13 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—Non14 Federal interests shall be responsible for providing all lands, 

15 easements, rights-of-way, and relocations necessary for the 

16 construction of the dredged material disposal facility. 

17 (c) MAXIMUM FEDERAL EXPENDITURE.—The max18 imum amount of Federal funds that may be expended for 

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

20 SEC. 3083. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

21 The project for ecosystem restoration, Deer Island, 

22 Harrison County, Mississippi, being carried out under sec23 tion 204 of the Water Resources Development Act of 1992 

24 (33 U.S.C. 2326), is modified to authorize the non-Federal 

25 interest to provide any portion of the non-Federal share of 
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1 the cost of the project in the form of in-kind services and 

2 materials. 

3 SEC. 3084. PEARL RIVER BASIN, MISSISSIPPI. 

4 (a) IN GENERAL.—The Secretary shall complete a fea5 sibility study for the project for flood damage reduction, 

6 Pearl River Watershed, Mississippi. 

7 (b) COMPARISON OF ALTERNATIVES.—The feasibility 

8 study shall identify both the plan that maximizes national 

9 economic development benefits and the locally preferred 

10 plan and shall compare the level of flood damage reduction 

11 provided by each plan to that portion of Jackson, Mis12 sissippi, located below the Ross Barnett Reservoir Dam. 

13 (c) RECOMMENDED PLAN.—If the Secretary deter14 mines that the locally preferred plan provides a level of 

15 flood damage reduction that is equal to or greater than the 

16 level of flood damage reduction provided by the national 

17 economic development plan, and the locally preferred plan 

18 is technically feasible and environmentally protective, the 

19 Secretary shall recommend construction of the locally pre20 ferred plan. 

21 (d) EVALUATION OF PROJECT COST.—For the pur22 poses of determining compliance with the first section of 

23 the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 

24 the Secretary shall consider only the costs of the national 

25 economic development plan, and shall exclude incremental 
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1 costs associated with the locally preferred plan that are in 

2 excess of such costs, if the non-Federal interest agrees to pay 

3 100 percent of such incremental costs. 

4 (e) NON-FEDERAL COST SHARE.—If the locally pre5 ferred plan is authorized for construction, the non-Federal 

6 share of the cost of the project shall be the same percentage 

7 as the non-Federal share of the cost of the national economic 

8 development plan plus all additional costs of construction 

9 associated with the locally preferred plan. 

10 SEC. 3085. FESTUS AND CRYSTAL CITY, MISSOURI. 

11 Section 102(b)(1) of the Water Resources Development 

12 Act of 1999 (113 Stat. 282) is amended by striking 

13 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 

14 SEC. 3086. MONARCH-CHESTERFIELD, MISSOURI. 

15 The project for flood damage reduction, Monarch-Ches16 terfield, Missouri, authorized by section 101(b)(18) of the 

17 Water Resources Development Act of 2000 (114 Stat. 2578), 

18 is modified to direct the Secretary to credit toward the non19 Federal share of the cost of the project the cost of the plan20 ning, design, and construction work carried out by the non21 Federal interest before the date of the partnership agreement 

22 for the project if the Secretary determines that the work is 

23 integral to the project. 
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1 SEC. 3087. RIVER DES PERES, MISSOURI. 

2 The projects for flood control, River Des Peres, Mis3 souri, authorized by section 101(a)(17) of the Water Re4 sources Development Act of 1990 (104 Stat. 4607) and sec5 tion 102(13) of the Water Resources Development Act of 

6 1996 (110 Stat. 3668), are each modified to direct the Sec7 retary to credit toward the non-Federal share of the cost 

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

9 interest before the date of the partnership agreement for the 

10 project if the Secretary determines that the work is integral 

11 to the project. 

12 SEC. 3088. ANTELOPE CREEK, LINCOLN, NEBRASKA. 

13 The project for flood damage reduction, Antelope Creek, 

14 Lincoln, Nebraska, authorized by section 101(b)(19) of the 

15 Water Resources Development Act of 2000 (114 Stat. 2578), 

16 is modified—

17 (1) to direct the Secretary to credit toward the 

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

19 design, and construction work carried out by the non20 Federal interest before the date of the partnership 

21 agreement for the project if the Secretary determines 

22 that the work is integral to the project; and 

23 (2) to allow the non-Federal sponsor for the 

24 project to use, and to direct the Secretary to accept, 

25 funds provided under any other Federal program, to 

26 satisfy, in whole or in part, the non-Federal share of 
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1 the project if such funds are authorized to be used to 

2 carry out the project. 

3 SEC. 3089. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

4 The project for ecosystem restoration and flood damage 

5 reduction, Sand Creek watershed, Wahoo, Nebraska, author6 ized by section 101(b)(20) of the Water Resources Develop7 ment Act of 2000 (114 Stat. 2578), is modified—

8 (1) to direct the Secretary to provide credit to9 ward the non-Federal share of the cost of the project 

10 or reimbursement for the costs of any work that has 

11 been or will be performed by the non-Federal interest 

12 before, on, or after the approval of the project partner13 ship agreement, including work performed by the non14 Federal interest in connection with the design and 

15 construction of 7 upstream detention storage struc16 tures, if the Secretary determines that the work is in17 tegral to the project; 

18 (2) to require that in-kind work to be credited 

19 under paragraph (1) be subject to audit; and 

20 (3) to direct the Secretary to accept advance 

21 funds from the non-Federal interest as needed to 

22 maintain the project schedule. 
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1 SEC. 3090. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 

2 NEW JERSEY. 

3 The project for navigation mitigation, ecosystem res4 toration, shore protection, and hurricane and storm damage 

5 reduction, Lower Cape May Meadows, Cape May Point, 

6 New Jersey, authorized by section 101(a)(25) of the Water 

7 Resources Development Act of 1999 (113 Stat. 278), is 

8 modified to incorporate the project for shoreline erosion con9 trol, Cape May Point, New Jersey, carried out under section 

10 5 of the Act entitled ‘‘An Act authorizing Federal participa11 tion in the cost of protecting the shores of publicly owned 

12 property’’, approved August 13, 1946 (33 U.S.C. 426h), if 

13 the Secretary determines that such incorporation is feasible. 

14 SEC. 3091. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 

15 NEW JERSEY. 

16 The project for flood control, Passaic River, New Jer17 sey and New York, authorized by section 101(a)(18) of the 

18 Water Resources Development Act of 1990 (104 Stat. 4607) 

19 and modified by section 327 of the Water Resources Devel20 opment Act of 2000 (114 Stat. 2607), is further modified 

21 to direct the Secretary to include the benefits and costs of 

22 preserving natural flood storage in any future economic 

23 analysis of the project. 

24 SEC. 3092. BUFFALO HARBOR, NEW YORK. 

25 The project for navigation, Buffalo Harbor, New York, 

26 authorized by section 101 of the River and Harbor Act of 
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1 1962 (76 Stat. 1176), is modified to include measures to 

2 enhance public access, at Federal cost of $500,000. 

3 SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. 

4 The project for shoreline protection, Orchard Beach, 

5 Bronx, New York, authorized by section 554 of the Water 

6 Resources Development Act of 1996 (110 Stat. 3781), is 

7 modified to authorize the Secretary to construct the project, 

8 at a total cost of $20,000,000. 

9 SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, NEW 

10 YORK AND NEW JERSEY. 

11 The navigation project, Port of New York and New 

12 Jersey, New York and New Jersey, authorized by section 

13 101(a)(2) of the Water Resources Development Act of 2000 

14 (114 Stat. 2576), is modified—

15 (1) to authorize the Secretary to allow the non16 Federal interest to construct a temporary dredged 

17 material storage facility to receive dredged material 

18 from the project if—

19 (A) the non-Federal interest submits, in 

20 writing, a list of potential sites for the tem21 porary storage facility to the Committee on 

22 Transportation and Infrastructure of the House 

23 of Representatives, the Committee on Environ24 ment and Public Works of the Senate, and the 
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1 Secretary at least 180 days before the selection of 

2 the final site; and 

3 (B) at least 70 percent of the dredged mate4 rial generated in connection with the project 

5 suitable for beneficial reuse will be used at sites 

6 in the State of New Jersey to the extent that 

7 there are sufficient sites available; and 

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

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

10 construction of the temporary storage facility if the 

11 Secretary determines that the work is integral to the 

12 project. 

13 SEC. 3095. NEW YORK STATE CANAL SYSTEM. 

14 Section 553(c) of the Water Resources Development Act 

15 of 1996 (110 Stat. 3781) is amended to read as follows: 

16 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.—

17 In this section, the term ‘New York State Canal System’ 

18 means the 524 miles of navigable canal that comprise the 

19 New York State Canal System, including the Erie, Cayuga20 Seneca, Oswego, and Champlain Canals and the historic 

21 alignments of these canals, including the cities of Albany 

22 and Buffalo.’’. 
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1 SEC. 3096. LOWER GIRARD LAKE DAM, OHIO. 

2 Section 507(1) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3758) is amended by striking 

4 ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 

5 SEC. 3097. MAHONING RIVER, OHIO. 

6 In carrying out the project for environmental dredg7 ing, authorized by section 312(f)(4) of the Water Resources 

8 Development Act of 1990 (33 U.S.C. 1272(f)(4)), the Sec9 retary is directed to credit toward the non-Federal share 

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

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

12 agreement for the project if the Secretary determines that 

13 the work is integral to the project. 

14 SEC. 3098. ARCADIA LAKE, OKLAHOMA. 

15 Payments made by the city of Edmond, Oklahoma, to 

16 the Secretary in October 1999 of costs associated with 

17 present and future water storage at Arcadia Lake, Okla18 homa, under Arcadia Lake Water Storage Contract Number 

19 DACW56–79–C–0072 shall satisfy the obligations of the 

20 city under that contract for such costs, including accrued 

21 interest. 

22 SEC. 3099. WAURIKA LAKE, OKLAHOMA. 

23 The remaining obligation of the Waurika Project Mas24 ter Conservancy District payable to the United States Gov25 ernment in the amounts, rates of interest, and payment 

26 schedules is set at the amounts, rates of interest, and pay-
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1 ment schedules that existed, and that both parties agreed 

2 to, on June 3, 1986, and may not be adjusted, altered, or 

3 changed without a specific, separate, and written agreement 

4 between the District and the United States Government. 

5 SEC. 3100. WILLAMETTE RIVER TEMPERATURE CONTROL, 

6 MCKENZIE SUBBASIN, OREGON. 

7 (a) IN GENERAL.—The project for environmental res8 toration, Willamette River temperature control, McKenzie 

9 Subbasin, Oregon, authorized by section 101(a)(25) of the 

10 Water Resources Development Act of 1996 (110 Stat. 3665) 

11 and modified by section 344 of the Water Resources Devel12 opment Act of 1999 (113 Stat. 308), is further modified 

13 to direct the Secretary to pay, subject to the availability 

14 of appropriations, compensation for losses to small business 

15 attributable to the implementation of the drawdown con16 ducted as a part of project implementation in 2002. 

17 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

18 120 days after the date of enactment of this Act, the Sec19 retary shall establish, and provide public notice of, a pro20 gram—

21 (1) to receive claims for compensation for losses 

22 to small business attributable to the implementation 

23 of the drawdown conducted as a part of project imple24 mentation in 2002; 

25 (2) to evaluate claims for such losses; and 
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1 (3) to pay claims for such losses. 

2 (c) IMPLEMENTATION OF PROGRAM.—In carrying out 

3 the program established under subsection (b), the Secretary 

4 shall provide—

5 (1) public notice of the existence of the program 

6 sufficient to reach those in the area that may have 

7 suffered losses to small businesses; 

8 (2) a period for the submission of claims of not 

9 fewer than 45 days and not greater than 75 days 

10 from the date of the first public notice of the existence 

11 of the program; 

12 (3) for the evaluation of each claim submitted to 

13 the Secretary under the program and a determination 

14 of whether the claim constitutes a loss to a small busi15 ness on or before the last day of the 30-day period be16 ginning on the date of submission of the claim; and 

17 (4) for the payment of each claim that the Sec18 retary determines constitutes a loss to a small busi19 ness on or before the last day of the 30-day period be20 ginning on the date of the Secretary’s determination. 

21 (d) LOSS TO A SMALL BUSINESS DEFINED.—In this 

22 section, the term ‘‘loss to a small business’’ means docu23 mented financial losses associated with commercial activity 

24 of a small business that can be attributed to the turbidity 

25 levels in the McKenzie River being higher than those antici-
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1 pated in the original planning documents and public an2 nouncements existing before the initiation of the drawdown 

3 in 2002. Commercial losses include decline in sales, loss of 

4 revenue (including loss of revenue from canceled or delayed 

5 reservations at lodging establishments), and any other fi6 nancial losses that can be shown to be associated with the 

7 elevated turbidity levels in the McKenzie River in 2002. 

8 (e) PAYMENT OF CLAIMS.—The payment of claims for 

9 losses to small businesses shall be a Federal responsibility. 

10 SEC. 3101. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, 

11 AND DELAWARE. 

12 The Secretary may remove debris from the project for 

13 navigation, Delaware River, Pennsylvania, New Jersey, 

14 and Delaware, Philadelphia to the Sea. 

15 SEC. 3102. RAYSTOWN LAKE, PENNSYLVANIA. 

16 The Secretary may take such action as may be nec17 essary, including construction of a breakwater, to prevent 

18 shoreline erosion between .07 and 2.7 miles south of Penn19 sylvania State route 994 on the east shore of Raystown 

20 Lake, Pennsylvania. 

21 SEC. 3103. SHERADEN PARK STREAM AND CHARTIERS 

22 CREEK, ALLEGHENY COUNTY, PENNSYL23 VANIA. 

24 The project for aquatic ecosystem restoration, 

25 Sheraden Park Stream and Chartiers Creek, Allegheny 
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1 County, Pennsylvania, being carried out under section 206 

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

3 2330), is modified to direct the Secretary to credit up to 

4 $400,000 toward the non-Federal share of the cost of the 

5 project for planning and design work carried out by the 

6 non-Federal interest before the date of the partnership 

7 agreement for the project if the Secretary determines that 

8 the work is integral to the project. 

9 SEC. 3104. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL10 VANIA. 

11 The project for flood control, Wyoming Valley, Penn12 sylvania, authorized by section 401(a) of the Water Re13 sources Development Act of 1986 (100 Stat. 4124), is modi14 fied to include as a project element the project for flood con15 trol for Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

16 SEC. 3105. SOUTH CENTRAL PENNSYLVANIA. 

17 Section 313 of the Water Resources Development Act 

18 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 

19 113 Stat. 310; 117 Stat. 142) is amended—

20 (1) in subsection (g)(1) by striking 

21 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 

22 (2) in subsection (h)(2) by striking ‘‘Allegheny, 

23 Armstrong, Beford, Blair, Cambria, Clearfield, Fay24 ette, Franklin, Fulton, Greene, Huntingdon, Indiana, 

25 Juniata, Mifflin, Somerset, Snyder, Washington, and 
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1 Westmoreland Counties’’ and inserting ‘‘Allegheny, 

2 Armstrong, Bedford, Blair, Cambria, Fayette, Frank3 lin, Fulton, Greene, Huntingdon, Indiana, Juniata, 

4 Somerset, Washington, and Westmoreland Counties’’. 

5 SEC. 3106. WYOMING VALLEY, PENNSYLVANIA. 

6 In carrying out the project for flood control, Wyoming 

7 Valley, Pennsylvania, authorized by section 401(a) of the 

8 Water Resources Development Act of 1986 (100 Stat. 4124), 

9 the Secretary shall coordinate with non-Federal interests to 

10 review opportunities for increased public access. 

11 SEC. 3107. CEDAR BAYOU, TEXAS. 

12 (a) IN GENERAL.—The project for navigation, Cedar 

13 Bayou, Texas, reauthorized by section 349(a)(2) of the 

14 Water Resources Development Act of 2000 (114 Stat. 2632), 

15 is modified to direct the Secretary to credit toward the non16 Federal share of the cost of the project the cost of planning 

17 and design work carried out by the non-Federal interest for 

18 the project if the Secretary determines that such work is 

19 integral to the project. 

20 (b) COST SHARING.—Cost sharing for construction 

21 and operation and maintenance of the project shall be deter22 mined in accordance with section 101 of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2211). 
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1 SEC. 3108. FREEPORT HARBOR, TEXAS. 

2 The project for navigation, Freeport Harbor, Texas, 

3 authorized by section 101 of the Rivers and Harbors Act 

4 of 1970 (84 Stat. 1818), is modified.—

5 (1) to direct the Secretary to credit toward the 

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

7 the planning, design, and construction work carried 

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

9 partnership agreement for the project if the Secretary 

10 determines that the work is integral to the project; 

11 and 

12 (2) to direct the Secretary to remove the sunken 

13 vessel ‘‘COMSTOCK’’ at Federal expense. 

14 SEC. 3109. JOHNSON CREEK, ARLINGTON, TEXAS. 

15 The project for flood damage reduction, environmental 

16 restoration, and recreation, authorized by section 

17 101(b)(14) of the Water Resources Development Act of 1999 

18 (113 Stat. 280), is modified to authorize the Secretary to 

19 carry out the project at a total cost of $29,717,000, with 

20 an estimated Federal cost of $20,670,000 and an estimated 

21 non-Federal cost $9,047,000. 

22 SEC. 3110. LAKE KEMP, TEXAS. 

23 (a) IN GENERAL.—The Secretary may not take any 

24 legal or administrative action seeking to remove a Lake 

25 Kemp improvement before the earlier of January 1, 2020, 
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1 or the date of any transfer of ownership of the improvement 

2 occurring after the date of enactment of this Act. 

3 (b) LIMITATION ON LIABILITY.—The United States, or 

4 any of its officers, agents, or assignees, shall not be liable 

5 for any injury, loss, or damage accruing to the owners of 

6 a Lake Kemp improvement, their lessees, or occupants as 

7 a result of any flooding or inundation of such improvements 

8 by the waters of the Lake Kemp reservoir, or for such in9 jury, loss, or damage as may occur through the operation 

10 and maintenance of the Lake Kemp dam and reservoir in 

11 any manner. 

12 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this sec13 tion, the term ‘‘Lake Kemp improvement’’ means an im14 provement (including dwellings) located within the flowage 

15 easement of Lake Kemp, Texas, below elevation 1159 feet 

16 mean sea level. 

17 SEC. 3111. LOWER RIO GRANDE BASIN, TEXAS. 

18 The project for flood control, Lower Rio Grande Basin, 

19 Texas, authorized by section 401(a) of the Water Resources 

20 Development Act of 1986 (100 Stat. 4125), is modified—

21 (1) to include as part of the project flood protec22 tion works to reroute drainage to Raymondville 

23 Drain constructed by the non-Federal interests in Hi24 dalgo County in the vicinity of Edinburg, Texas, if 
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1 the Secretary determines that such work meets feasi2 bility requirements; 

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

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

5 planning, design, and construction work carried out 

6 by the non-Federal interest before the date of the part7 nership agreement for the project if the Secretary de8 termines that the work is integral to the project; and 

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

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

11 a determination within 180 days after the date of en12 actment of this Act under section 103(m) of the Water 

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

14 2213(m)) on the non-Federal interest’s ability to pay. 

15 SEC. 3112. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

16 TEXAS. 

17 The project for ecosystem restoration and storm dam18 age reduction, North Padre Island, Corpus Christi Bay, 

19 Texas, authorized by section 556 of the Water Resources De20 velopment Act of 1999 (113 Stat. 353), is modified to in21 clude recreation as a project purpose. 

22 SEC. 3113. PAT MAYSE LAKE, TEXAS. 

23 The Secretary is directed to accept from the city of 

24 Paris, Texas, $3,461,432 as payment in full of monies owed 

25 to the United States for water supply storage space in Pat 
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1 Mayse Lake, Texas, under contract number DA–34–066–

2 CIVENG-65–1272, including accrued interest. 

3 SEC. 3114. PROCTOR LAKE, TEXAS. 

4 The Secretary is authorized to purchase fee simple title 

5 to all properties located within the boundaries, and nec6 essary for the operation, of the Proctor Lake project, Texas, 

7 authorized by section 203 of the Flood Control Act of 1954 

8 (68 Stat. 1259). 

9 SEC. 3115. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

10 The project for flood control, San Antonio Channel, 

11 Texas, authorized by section 203 of the Flood Control Act 

12 of 1954 (68 Stat. 1259) as part of the comprehensive plan 

13 for flood protection on the Guadalupe and San Antonio 

14 Rivers in Texas and modified by section 103 of the Water 

15 Resources Development Act of 1976 (90 Stat. 2921) and sec16 tion 335 of the Water Resources Development Act of 2000 

17 (114 Stat. 2611), is further modified to authorize the Sec18 retary to credit toward the non-Federal share of the cost 

19 of the project the cost of design and construction work car20 ried out by the non-Federal interest for the project if the 

21 Secretary determines that the work is integral to the project. 

22 SEC. 3116. JAMES RIVER, VIRGINIA. 

23 The project for navigation, James River, Virginia, au24 thorized by the first section of the River and Harbor Appro25 priations Act of July 5, 1884 (23 Stat. 138), is further 
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1 modified to authorize the Secretary to enlarge the turning 

2 basin adjacent to the Richmond Deepwater Terminal at a 

3 total cost of $1,511,000 if the Secretary determines that the 

4 such enlargement is necessary for navigation safety. 

5 SEC. 3117. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND 

6 WISE COUNTIES, VIRGINIA. 

7 The project for flood control, Levisa and Tug Forks 

8 of the Big Sandy River and Upper Cumberland River, au9 thorized by section 202 of the Energy and Water Develop10 ment Appropriation Act, 1981 (94 Stat. 1339) and modi11 fied by section 352 of the Water Resources Development Act 

12 of 1996 (110 Stat. 3724–3725) and section 336 of the Water 

13 Resources Development Act of 2000 (114 Stat. 2611), is fur14 ther modified to direct the Secretary to determine the abil15 ity of Lee, Russell, Scott, Smyth, Tazewell, and Wise Coun16 ties, Virginia, to pay the non-Federal share of the cost of 

17 the project based solely on the criterion specified in section 

18 103(m)(3)(A)(i) of the Water Resources Development Act of 

19 1986 (33 U.S.C. 2213(m)(3)(A)(i)). 

20 SEC. 3118. TANGIER ISLAND SEAWALL, VIRGINIA. 

21 Section 577(a) of the Water Resources Development 

22 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

23 a total cost of $1,200,000, with an estimated Federal cost 

24 of $900,000 and an estimated non-Federal cost of 

25 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 
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1 with an estimated Federal cost of $2,250,000 and an esti2 mated non-Federal cost of $750,000.’’. 

3 SEC. 3119. DUWAMISH/GREEN, WASHINGTON. 

4 The project for ecosystem restoration, Duwamish/

5 Green, Washington, authorized by section 101(b)(26) of the 

6 Water Resources Development Act of 2000 (114 Stat. 2579), 

7 is modified—

8 (1) to direct the Secretary to credit toward the 

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

10 work carried out by the non-Federal interest before, 

11 on, or after the date of the partnership agreement for 

12 the project if the Secretary determines that the work 

13 is integral to the project; and 

14 (2) to authorize the non-Federal interest to pro15 vide any portion of the non-Federal share of the cost 

16 of the project in the form of in-kind services and ma17 terials. 

18 SEC. 3120. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH19 INGTON. 

20 The project for aquatic ecosystem restoration, Yakima 

21 River, Port of Sunnyside, Washington, being carried out 

22 under section 206 of the Water Resources Development Act 

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

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

25 project the cost of work carried out by the non-Federal in-
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1 terest before the date of the partnership agreement for the 

2 project if the Secretary determines that the work is integral 

3 to the project. 

4 SEC. 3121. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

5 Section 579(c) of the Water Resources Development Act 

6 of 1996 (110 Stat. 3790; 113 Stat. 312) is amended by 

7 striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 

8 SEC. 3122. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 

9 Section 30(d) of the Water Resources Development Act 

10 of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended to 

11 read as follows: 

12 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall en13 sure the preservation and restoration of the structure known 

14 as the ‘Jenkins House’, and the reconstruction of associated 

15 buildings and landscape features of such structure located 

16 within the Lesage/Greenbottom Swamp in accordance with 

17 the Secretary of the Interior’s standards for the treatment 

18 of historic properties. Amounts made available for expendi19 ture for the project authorized by section 301(a) of the 

20 Water Resources Development Act of 1986 (100 Stat. 4110) 

21 shall be available for the purposes of this subsection.’’. 

22 SEC. 3123. NORTHERN WEST VIRGINIA. 

23 Section 557 of the Water Resources Development Act 

24 of 1999 (113 Stat. 353) is amended in the first sentence 

25 by striking ‘‘favorable’’. 
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1 SEC. 3124. MANITOWOC HARBOR, WISCONSIN. 

2 The project for navigation, Manitowoc Harbor, Wis3 consin, authorized by the River and Harbor Act of August 

4 30, 1852, is modified to direct the Secretary to deepen the 

5 upstream reach of the navigation channel from 12 feet to 

6 18 feet, at a total cost of $300,000. 

7 SEC. 3125. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

8 Section 21 of the Water Resources Development Act of 

9 1988 (102 Stat. 4027) is amended—

10 (1) in subsection (a)—

11 (A) by striking ‘‘1276.42’’ and inserting 

12 ‘‘1278.42’’; 

13 (B) by striking ‘‘1218.31’’ and inserting 

14 ‘‘1221.31’’; and 

15 (C) by striking ‘‘1234.82’’ and inserting 

16 ‘‘1235.30’’; and 

17 (2) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) EXCEPTION.—The Secretary may operate the 

20 headwaters reservoirs below the minimum or above the max21 imum water levels established in subsection (a) in accord22 ance with water control regulation manuals (or revisions 

23 thereto) developed by the Secretary, after consultation with 

24 the Governor of Minnesota and affected tribal governments, 

25 landowners, and commercial and recreational users. The 

26 water control regulation manuals (and any revisions there-
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1 to) shall be effective when the Secretary transmits them to 

2 Congress. The Secretary shall report to Congress at least 

3 14 days before operating any such headwaters reservoir 

4 below the minimum or above the maximum water level lim5 its specified in subsection (a); except that notification is 

6 not required for operations necessary to prevent the loss of 

7 life or to ensure the safety of the dam or where the draw8 down of lake levels is in anticipation of flood control oper9 ations.’’. 

10 SEC. 3126. CONTINUATION OF PROJECT AUTHORIZATIONS. 

11 (a) IN GENERAL.—Notwithstanding section 1001(b)(2) 

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

13 579a(b)(2)), the following projects shall remain authorized 

14 to be carried out by the Secretary: 

15 (1) The project for flood control, Agana River, 

16 Guam, authorized by section 401(a) of the Water Re17 sources Development Act of 1986 (100 Stat. 4127). 

18 (2) The project for navigation, Fall River Har19 bor, Massachusetts, authorized by section 101 of the 

20 River and Harbor Act of 1968 (82 Stat. 731); except 

21 that the authorized depth of that portion of the project 

22 extending riverward of the Charles M. Braga, Jr. Me23 morial Bridge, Fall River and Somerset, Massachu24 setts, shall not exceed 35 feet. 
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1 (b) LIMITATION.—A project described in subsection (a) 

2 shall not be authorized for construction after the last day 

3 of the 5-year period beginning on the date of enactment of 

4 this Act, unless, during such period, funds have been obli5 gated for the construction (including planning and design) 

6 of the project. 

7 SEC. 3127. PROJECT REAUTHORIZATIONS. 

8 Each of the following projects may be carried out by 

9 the Secretary and no construction on any such project may 

10 be initiated until the Secretary determines that the project 

11 is feasible: 

12 (1) MENOMINEE HARBOR AND RIVER, MICHIGAN

13 AND WISCONSIN.—The project for navigation, Menom14 inee Harbor and River, Michigan and Wisconsin, au15 thorized by section 101 of the River and Harbor Act 

16 of 1960 (74 Stat. 482) and deauthorized on April 15, 

17 2002, in accordance with section 1001(b)(2) of the 

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

19 579a(b)(2)). 

20 (2) MANITOWOC HARBOR, WISCONSIN.—That 

21 portion of the project for navigation, Manitowoc Har22 bor, Wisconsin, consisting of the channel in the south 

23 part of the outer harbor, deauthorized by section 101 

24 of the River and Harbor Act of 1962 (76 Stat. 1176). 
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1 SEC. 3128. PROJECT DEAUTHORIZATIONS. 

2 (a) IN GENERAL.—The following projects are not au3 thorized after the date of enactment of this Act: 

4 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

5 portion of the project for navigation, Bridgeport Har6 bor, Connecticut, authorized by the first section of the 

7 River and Harbor Act of July 3, 1930 (46 Stat. 919), 

8 consisting of an 18-foot channel in Yellow Mill River 

9 and described as follows: Beginning at a point along 

10 the eastern limit of the existing project, N123,649.75, 

11 E481,920.54, thence running northwesterly about 

12 52.64 feet to a point N123,683.03, E481,879.75, 

13 thence running northeasterly about 1,442.21 feet to a 

14 point N125,030.08, E482,394.96, thence running 

15 northeasterly about 139.52 feet to a point along the 

16 eastern limit of the existing channel, N125,133.87, 

17 E482,488.19, thence running southwesterly about 

18 1,588.98 feet to the point of origin. 

19 (2) MYSTIC RIVER, CONNECTICUT.—The portion 

20 of the project for navigation, Mystic River, Con21 necticut, authorized by the first section of the River 

22 and Harbor Approriations Act of September 19, 1890 

23 (26 Stat. 436) consisting of a 12-foot-deep channel, 

24 approximately 7,554 square feet in area, starting at 

25 a point N193,086.51, E815,092.78, thence running 

26 north 59 degrees 21 minutes 46.63 seconds west about 
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1 138.05 feet to a point N193,156.86, E814,974.00, 

2 thence running north 51 degrees 04 minutes 39.00 

3 seconds west about 166.57 feet to a point 

4 N193,261.51, E814,844.41, thence running north 43 

5 degrees 01 minutes 34.90 seconds west about 86.23 

6 feet to a point N193,324.55, E814,785.57, thence run7 ning north 06 degrees 42 minutes 03.86 seconds west 

8 about 156.57 feet to a point N193,480.05, 

9 E814,767.30, thence running south 21 degrees 21 

10 minutes 17.94 seconds east about 231.42 feet to a 

11 point N193,264.52, E814,851.57, thence running 

12 south 53 degrees 34 minutes 23.28 seconds east about 

13 299.78 feet to the point of origin. 

14 (3) FALMOUTH HARBOR, MASSACHUSETTS.—The 

15 portion of the project for navigation, Falmouth Har16 bor, Massachusetts, authorized by section 101 of the 

17 River and Harbor Act of 1948 (62 Stat. 1172), begin18 ning at a point along the eastern side of the inner 

19 harbor N200,415.05, E845,307.98, thence running 

20 north 25 degrees 48 minutes 54.3 seconds east 160.24 

21 feet to a point N200,559.20, E845,377.76, thence run22 ning north 22 degrees 7 minutes 52.4 seconds east 

23 596.82 feet to a point N201,112.15, E845,602.60, 

24 thence running north 60 degrees 1 minute 0.3 seconds 

25 east 83.18 feet to a point N201,153.72, E845,674.65, 
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1 thence running south 24 degrees 56 minutes 43.4 sec2 onds west 665.01 feet to a point N200,550.75, 

3 E845,394.18, thence running south 32 degrees 25 

4 minutes 29.0 seconds west 160.76 feet to the point of 

5 origin. 

6 (4) ISLAND END RIVER, MASSACHUSETTS.—The 

7 portion of the project for navigation, Island End 

8 River, Massachusetts, carried out under section 107 of 

9 the River and Harbor Act of 1960 (33 U.S.C. 577), 

10 described as follows: Beginning at a point along the 

11 eastern limit of the existing project, N507,348.98, 

12 E721,180.01, thence running northeast about 35 feet 

13 to a point N507,384.17, E721,183.36, thence running 

14 northeast about 324 feet to a point N507,590.51, 

15 E721,433.17, thence running northeast about 345 feet 

16 to a point along the northern limit of the existing 

17 project, N507,927.29, E721,510.29, thence running 

18 southeast about 25 feet to a point N507,921.71, 

19 E721,534.66, thence running southwest about 354 feet 

20 to a point N507,576.65, E721,455.64, thence running 

21 southwest about 357 feet to the point of origin. 

22 (5) CITY WATERWAY, TACOMA, WASHINGTON.—

23 The portion of the project for navigation, City Water24 way, Tacoma, Washington, authorized by the first sec25 tion of the River and Harbor Appropriations Act of 
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1 June 13, 1902 (32 Stat. 347), consisting of the last 

2 1,000 linear feet of the inner portion of the waterway 

3 beginning at station 70+00 and ending at station 

4 80+00. 

5 (b) ANCHORAGE AREA, NEW LONDON HARBOR, CON6 NECTICUT.—The portion of the project for navigation, New 

7 London Harbor, Connecticut, authorized by the River and 

8 Harbor Appropriations Act of June 13, 1902 (32 Stat. 

9 333), that consists of a 23-foot waterfront channel and that 

10 is further described as beginning at a point along the west11 ern limit of the existing project, N188, 802.75, E779, 

12 462.81, thence running northeasterly about 1,373.88 feet to 

13 a point N189, 554.87, E780, 612.53, thence running south14 easterly about 439.54 feet to a point N189, 319.88, E780, 

15 983.98, thence running southwesterly about 831.58 feet to 

16 a point N188, 864.63, E780, 288.08, thence running south17 easterly about 567.39 feet to a point N188, 301.88, E780, 

18 360.49, thence running northwesterly about 1,027.96 feet to 

19 the point of origin, shall be redesignated as an anchorage 

20 area. 

21 (c) SOUTHPORT HARBOR, FAIRFIELD, CON22 NECTICUT.—The project for navigation, Southport Harbor, 

23 Fairfield, Connecticut, authorized by section 2 of the River 

24 and Harbor Act of March 2, 1829, and by the first section 

25 of the River and Harbor Act of August 30, 1935 (49 Stat. 
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1 1029), and section 364 of the Water Resources Development 

2 Act of 1996 (110 Stat. 3733–3734), is further modified to 

3 redesignate a portion of the 9-foot-deep channel to an an4 chorage area, approximately 900 feet in length and 90,000 

5 square feet in area, and lying generally north of a line with 

6 points at coordinates N108,043.45, E452,252.04 and 

7 N107938.74, E452265.74. 

8 (d) MYSTIC RIVER, MASSACHUSETTS.—The portion of 

9 the project for navigation, Mystic River, Massachusetts, au10 thorized by the first section of the River and Harbor Appro11 priations Act of July 13, 1892 (27 Stat. 96), between a line 

12 starting at a point N515,683.77, E707,035.45 and ending 

13 at a point N515,721.28, E707,069.85 and a line starting 

14 at a point N514,595.15, E707,746.15 and ending at a point 

15 N514,732.94, E707,658.38 shall be relocated and reduced 

16 from 100 foot to a 50-foot wide channel after the date of 

17 enactment of this Act described as follows: Beginning at a 

18 point N515,721.28, E707,069.85, thence running southeast19 erly about 840.50 feet to a point N515,070.16, E707,601.27, 

20 thence running southeasterly about 177.54 feet to a point 

21 N514,904.84, E707,665.98, thence running southeasterly 

22 about 319.90 feet to a point with coordinates N514,595.15, 

23 E707,746.15, thence running northwesterly about 163.37 

24 feet to a point N514,732.94, E707,658.38, thence running 

25 northwesterly about 161.58 feet to a point N514.889.47, 
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1 E707,618.30, thence running northwesterly about 166.61 

2 feet to a point N515.044.62, E707,557.58, thence running 

3 northwesterly about 825.31 feet to a point N515,683.77, 

4 E707,035.45, thence running northeasterly about 50.90 feet 

5 returning to a point N515,721.28, E707,069.85. 

6 (e) GREEN BAY HARBOR, GREEN BAY, WISCONSIN.—

7 The portion of the inner harbor of the Federal navigation 

8 channel, Green Bay Harbor, Green Bay, Wisconsin, author9 ized by the first section of the River and Harbor Act of 

10 June 23, 1866, beginning at station 190+00 to station 

11 378+00 is authorized to a width of 75 feet and a depth 

12 of 6 feet. 

13 (f) ADDITIONAL DEAUTHORIZATIONS.—The following 

14 projects are not authorized after the date of enactment of 

15 this Act, except with respect to any portion of such a project 

16 which portion has been completed before such date or is 

17 under construction on such date: 

18 (1) The project for flood control, Cache Creek 

19 Basin, Clear Lake Outlet Channel, California, au20 thorized by section 401(a) of the Water Resources De21 velopment Act of 1986 (100 Stat. 4112). 

22 (2) The project for flood protection on Atascadero 

23 Creek and its tributaries of Goleta, California, au24 thorized by section 201 of the Flood Control Act of 

25 1970 (84 Stat. 1826). 
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1 (3) The project for flood control, central and 

2 southern Florida, Shingle Creek basin, Florida, au3 thorized by section 203 of the Flood Control Act of 

4 1962 (76 Stat. 1182). 

5 (4) The project for flood control, Middle Wabash, 

6 Greenfield Bayou, Indiana, authorized by section 10 

7 of the Flood Control Act of July 24, 1946 (60 Stat. 

8 649). 

9 (5) The project for flood damage reduction, Lake 

10 George, Hobart, Indiana, authorized by section 

11 602(a)(2) of the Water Resources Development Act of 

12 1986 (100 Stat. 4148). 

13 (6) The project for flood control, Green Bay 

14 Levee and Drainage District No. 2, Iowa, authorized 

15 by section 401(a) of the Water Resources Development 

16 Act of 1986 (100 Stat. 4115), deauthorized in fiscal 

17 year 1991, and reauthorized by section 115(a) of the 

18 Water Resources Development Act of 1992 (106 Stat. 

19 4821). 

20 (7) The project for flood control, Hazard, Ken21 tucky, authorized by section 3(a)(7) of the Water Re22 sources Development Act of 1988 (100 Stat. 4014) 

23 and section 108 of the Water Resources Development 

24 Act of 1990 (104 Stat. 4621). 
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1 (8) The recreation portion of the project for flood 

2 control, Taylorsville Lake, Kentucky, authorized by 

3 section 203 of the Flood Control Act of 1966 (80 Stat. 

4 1421). 

5 (9) The project for flood control, western Ken6 tucky tributaries, Kentucky, authorized by section 204 

7 of the Flood Control Act of 1965 (79 Stat. 1076) and 

8 modified by section 210 of the Flood Control Act of 

9 1970 (84 Stat. 1829). 

10 (10) The project for flood damage reduction, 

11 Tensas-Cocodrie area, Louisiana, authorized by sec12 tion 3 of the Flood Control Act of August 18, 1941 

13 (55 Stat. 643). 

14 (11) The project for flood control, Eastern 

15 Rapides and South-Central Avoyelles Parishes, Lou16 isiana, authorized by section 201 of the Flood Control 

17 Act of 1970 (84 Stat. 1825). 

18 (12) The bulkhead and jetty features at Lake 

19 Borgne and Chef Menteur, Louisiana, of the project 

20 for navigation, Mississippi River, Baton Rouge to the 

21 Gulf of Mexico, barge channel through Devils Swamp, 

22 Louisiana, authorized by the first section of the River 

23 and Harbor Act of July 24, 1946 (60 Stat. 635). 

24 (13) The project for navigation Red River Wa25 terway, Shreveport, Louisiana to Daingerfield, Texas, 
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1 authorized by the River and Harbor Act of 1968 (82 

2 Stat. 731). 

3 (14) The project for flood damage reduction 

4 Brockton, Massachusetts, authorized by section 401(c) 

5 of the Water Resources Development Act of 1986 (100 

6 Stat. 4129). 

7 (15) The project for navigation, Grand Haven 

8 Harbor, Michigan, authorized by section 202 of the 

9 Water Resources Development Act of 1986 (100 Stat. 

10 4093). 

11 (16) The project for hydropower, Libby Dam, 

12 Montana, (Units 6–8), authorized by section 549 of 

13 the Water Resources Development Act of 1996 (110 

14 Stat. 3779). 

15 (17) The project for flood damage reduction, 

16 Platte River Flood and Related Streambank Erosion 

17 Control, Nebraska, authorized by section 603(f)(6) of 

18 the Water Resources Development Act of 1986 (100 

19 Stat. 4150). 

20 (18) The project for navigation, Outer Harbor, 

21 Buffalo, New York, authorized by section 110 of the 

22 Water Resources Development Act of 1992 (106 Stat. 

23 4817). 

24 (19) The project for flood control, Sugar Creek 

25 Basin, North Carolina and South Carolina, author-
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1 ized by section 401(a) of the Water Resources Devel2 opment Act of 1986 (100 Stat. 4121). 

3 (20) The project for flood control, Miami River, 

4 Fairfield, Ohio, authorized by section 401(a) of the 

5 Water Resources Development Act of 1986 (100 Stat. 

6 4122). 

7 (21) The project for shoreline protection, Maumee 

8 Bay, Lake Erie, Ohio, authorized by section 501(a) of 

9 the Water Resources Development Act of 1986 (100 

10 Stat. 4135). 

11 (22) The project for flood control and water sup12 ply, Parker Lake, Muddy Boggy Creek, Oklahoma, 

13 authorized by section 601 of the Water Resources De14 velopment Act of 1986 (100 Stat. 4144). 

15 (23) The project for the Columbia River, Sea16 farers Memorial, Hammond, Oregon, authorized by 

17 title I of the Energy and Water Development Appro18 priations Act, 1991 (104 Stat. 2078). 

19 (24) The project for bulkhead repairs, Quonset 

20 Point-Davisville, Rhode Island, authorized by section 

21 571 of the Water Resources Development Act of 1996 

22 (110 Stat. 3788). 

23 (25) The project for flood damage reduction, 

24 Harris Fork Creek, Tennessee and Kentucky, author-
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1 ized by section 102 of the Water Resources Develop2 ment Act of 1976 (90 Stat. 2921). 

3 (26) The Arroyo Colorado, Texas, feature of the 

4 project for flood control Lower Rio Grande, Texas, 

5 authorized by section 401(a) of the Water Resources 

6 Development Act of 1986 (100 Stat. 4125). 

7 (27) The structural portion of the project for 

8 flood control, Cypress Creek, Texas, authorized by sec9 tion 3(a)(13) of the Water Resources Development Act 

10 of 1988 (102 Stat. 4014). 

11 (28) The project for flood protection, East Fork 

12 Channel Improvement, Increment 2, East Fork of the 

13 Trinity River, Texas, authorized by section 202 of the 

14 Flood Control Act of 1962 (76 Stat. 1185). 

15 (29) The project for flood control, Falfurrias, 

16 Texas, authorized by section 3(a)(14) of the Water Re17 sources Development Act of 1988 (102 Stat. 4014). 

18 (30) The project for streambank erosion, 

19 Kanawha River, Charleston, West Virginia, author20 ized by section 603(f)(13) of the Water Resources De21 velopment Act of 1986 (100 Stat. 4153). 

22 (g) CONDITIONS.—The first sentence of section 

23 1001(b)(2) of the Water Resources Development Act of 1986 

24 (33 U.S.C. 579a(b)(2)) is amended—
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1 (1) by striking ‘‘two years’’ and inserting 

2 ‘‘year’’; and 

3 (2) by striking ‘‘7’’ and inserting ‘‘5’’. 

4 SEC. 3129. LAND CONVEYANCES. 

5 (a) ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.—

6 (1) IN GENERAL.—The Secretary shall convey to 

7 the State of Arkansas, without monetary consider8 ation and subject to paragraph (2), all right, title, 

9 and interest to real property within the State ac10 quired by the Federal Government as mitigation land 

11 for the project for flood control, St. Francis Basin, 

12 Arkansas and Missouri Project, authorized by the 

13 Flood Control Act of May 15, 1928 (33 U.S.C. 702a 

14 et seq.) 

15 (2) TERMS AND CONDITIONS.—

16 (A) IN GENERAL.—The conveyance by the 

17 United States under this subsection shall be sub18 ject to—

19 (i) the condition that the State of Ar20 kansas agree to operate, maintain, and 

21 manage the real property for fish and wild22 life, recreation, and environmental purposes 

23 at no cost or expense to the United States; 

24 and 
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1 (ii) such other terms and conditions as 

2 the Secretary determines to be in the inter3 est of the United States. 

4 (B) REVERSION.—If the Secretary deter5 mines that the real property conveyed under 

6 paragraph (1) ceases to be held in public owner7 ship or the State ceases to operate, maintain, 

8 and manage the real property in accordance 

9 with this subsection, all right, title, and interest 

10 in and to the property shall revert to the United 

11 States, at the option of the Secretary. 

12 (3) MITIGATION.—Nothing in this subsection ex13 tinguishes the responsibility of the Federal Govern14 ment or the non-Federal interest for the project re15 ferred to in paragraph (1) from the obligation to im16 plement mitigation for such project that existed on the 

17 day prior to the transfer authorized by this sub18 section. 

19 (b) MILFORD, KANSAS.—

20 (1) IN GENERAL.—The Secretary shall convey by 

21 quitclaim deed without consideration to the Geary 

22 County Fire Department, Milford, Kansas, all right, 

23 title, and interest of the United States in and to real 

24 property consisting of approximately 7.4 acres located 
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1 in Geary County, Kansas, for construction, operation, 

2 and maintenance of a fire station. 

3 (2) REVERSION.—If the Secretary determines 

4 that the real property conveyed under paragraph (1) 

5 ceases to be held in public ownership or to be used for 

6 any purpose other than a fire station, all right, title, 

7 and interest in and to the property shall revert to the 

8 United States, at the option of the United States. 

9 (c) PIKE COUNTY, MISSOURI.—

10 (1) IN GENERAL.—At such time as S.S.S., Inc., 

11 conveys all right, title and interest in and to the real 

12 property described in paragraph (2)(A) to the United 

13 States, the Secretary shall convey all right, title, and 

14 interest of the United States in and to the real prop15 erty described in paragraph (2)(B) to S.S.S., Inc. 

16 (2) LAND DESCRIPTION.—The parcels of land re17 ferred to in paragraph (1) are the following: 

18 (A) NON-FEDERAL LAND.—Approximately 

19 42 acres, the exact legal description to be deter20 mined by mutual agreement of S.S.S., Inc., and 

21 the Secretary, subject to any existing flowage 

22 easements situated in Pike County, Missouri, up23 stream and northwest, about a 200-foot distance 

24 from Drake Island (also known as Grimes Is25 land). 
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1 (B) FEDERAL LAND.—Approximately 42 

2 acres, the exact legal description to be deter3 mined by mutual agreement of S.S.S. Inc., and 

4 the Secretary, situated in Pike County, Missouri, 

5 known as Government Tract Numbers MIs–7 

6 and a portion of FM–46 (both tracts on Buffalo 

7 Island), administered by the Corps of Engineers. 

8 (3) CONDITIONS.—The exchange of real property 

9 under paragraph (1) shall be subject to the following 

10 conditions: 

11 (A) DEEDS.—

12 (i) NON-FEDERAL LAND.—The convey13 ance of the real property described in para14 graph (2)(A) to the Secretary shall be by a 

15 warranty deed acceptable to the Secretary. 

16 (ii) FEDERAL LAND.—The instrument 

17 of conveyance used to convey the real prop18 erty described in paragraph (2)(B) to 

19 S.S.S., Inc., shall be by quitclaim deed and 

20 contain such reservations, terms, and condi21 tions as the Secretary considers necessary to 

22 allow the United States to operate and 

23 maintain the Mississippi River 9-Foot 

24 Navigation Project. 
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1 (B) REMOVAL OF IMPROVEMENTS.—S.S.S., 

2 Inc., may remove, and the Secretary may require 

3 S.S.S., Inc., to remove, any improvements on the 

4 land described in paragraph (2)(A). 

5 (C) TIME LIMIT FOR EXCHANGE.—The land 

6 exchange under paragraph (1) shall be completed 

7 not later than 2 years after the date of enact8 ment of this Act. 

9 (4) VALUE OF PROPERTIES.—If the appraised 

10 fair market value, as determined by the Secretary, of 

11 the real property conveyed to S.S.S., Inc., by the Sec12 retary under paragraph (1) exceeds the appraised fair 

13 market value, as determined by the Secretary, of the 

14 real property conveyed to the United States by S.S.S., 

15 Inc., under paragraph (1), S.S.S., Inc., shall make a 

16 payment to the United States equal to the excess in 

17 cash or a cash equivalent that is satisfactory to the 

18 Secretary. 

19 (d) BOARDMAN, OREGON.—Section 501(g)(1) of the 

20 Water Resources Development Act of 1996 (110 Stat. 3751) 

21 is amended—

22 (1) by striking ‘‘city of Boardman,’’ and insert23 ing ‘‘the Boardman Park and Recreation District, 

24 Boardman,’’; and 
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1 (2) by striking ‘‘such city’’ and inserting ‘‘the 

2 city of Boardman’’. 

3 (e) TIOGA TOWNSHIP, PENNSYLVANIA.—

4 (1) IN GENERAL.—The Secretary shall convey by 

5 quitclaim deed to the Tioga Township, Pennsylvania, 

6 without consideration, all right, title, and interest of 

7 the United States in and to the parcel of real prop8 erty located on the northeast end of Tract No. 226, a 

9 portion of the Tioga-Hammond Lakes flood control 

10 project, Tioga County, Pennsylvania, consisting of 

11 approximately 8 acres, together with any improve12 ments on that property, for public ownership and use 

13 as the site of the administrative offices and road 

14 maintenance complex for the Township. 

15 (2) RESERVATION OF INTERESTS.—The Sec16 retary shall reserve such rights and interests in and 

17 to the property to be conveyed as the Secretary con18 siders necessary to preserve the operational integrity 

19 and security of the Tioga-Hammond Lakes flood con20 trol project. 

21 (3) REVERSION.—If the Secretary determines 

22 that the property conveyed under paragraph (1) 

23 ceases to be held in public ownership, or to be used 

24 as a site for the Tioga Township administrative of25 fices and road maintenance complex or for related 
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1 public purposes, all right, title, and interest in and 

2 to the property shall revert to the United States, at 

3 the option of the United States. 

4 (f) RICHARD B. RUSSELL LAKE, SOUTH CAROLINA.—

5 (1) IN GENERAL.—The Secretary shall convey to 

6 the State of South Carolina, by quitclaim deed, at 

7 fair market value, all right, title, and interest of the 

8 United States in and to the real property described 

9 in paragraph (2) that is managed, as of the date of 

10 enactment of this Act, by the South Carolina depart11 ment of commerce for public recreation purposes for 

12 the Richard B. Russell Dam and Lake, South Caro13 lina, project authorized by section 203 of the Flood 

14 Control Act of 1966 (80 Stat. 1420). 

15 (2) LAND DESCRIPTION.—Subject to paragraph 

16 (3), the real property referred to in paragraph (1) is 

17 the parcel contained in the portion of real property 

18 described in Army Lease Number DACW21–1–92–

19 0500. 

20 (3) RESERVATION OF INTERESTS.—The United 

21 States shall reserve—

22 (A) ownership of all real property included 

23 in the lease referred to in paragraph (2) that 

24 would have been acquired for operational pur25 poses in accordance with the 1971 implementa-
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1 tion of the 1962 Army/Interior Joint Acquisition 

2 Policy; and 

3 (B) such other rights and interests in and 

4 to the real property to be conveyed as the Sec5 retary considers necessary for authorized project 

6 purposes, including easement rights-of-way to re7 maining Federal land. 

8 (4) NO EFFECT ON SHORE MANAGEMENT POL9 ICY.—The Shoreline Management Policy (ER–1130–

10 2–406) of the Corps of Engineer shall not be changed 

11 or altered for any proposed development of land con12 veyed under this subsection. 

13 (5) COST SHARING.—In carrying out the convey14 ance under this subsection, the Secretary and the 

15 State shall comply with all obligations of any cost16 sharing agreement between the Secretary and the 

17 State with respect to the real property described in 

18 paragraph (2) in effect as of the date of the convey19 ance. 

20 (6) LAND NOT CONVEYED.—The State shall con21 tinue to manage the real property described in para22 graph (3) not conveyed under this subsection in ac23 cordance with the terms and conditions of Army 

24 Lease Number DACW21–1–92–0500. 

25 (g) GENERALLY APPLICABLE PROVISIONS.—
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1 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

2 The exact acreage and the legal description of any 

3 real property to be conveyed under this section shall 

4 be determined by a survey that is satisfactory to the 

5 Secretary. 

6 (2) APPLICABILITY OF PROPERTY SCREENING

7 PROVISIONS.—Section 2696 of title 10, United States 

8 Code, shall not apply to any conveyance under this 

9 section. 

10 (3) ADDITIONAL TERMS AND CONDITIONS.—The 

11 Secretary may require that any conveyance under 

12 this section be subject to such additional terms and 

13 conditions as the Secretary considers appropriate and 

14 necessary to protect the interests of the United States. 

15 (4) COSTS OF CONVEYANCE.—An entity to which 

16 a conveyance is made under this section shall be re17 sponsible for all reasonable and necessary costs, in18 cluding real estate transaction and environmental 

19 documentation costs, associated with the conveyance. 

20 (5) LIABILITY.—An entity to which a conveyance 

21 is made under this section shall hold the United 

22 States harmless from any liability with respect to ac23 tivities carried out, on or after the date of the convey24 ance, on the real property conveyed. The United 

25 States shall remain responsible for any liability with 
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1 respect to activities carried out, before such date, on 

2 the real property conveyed. 

3 SEC. 3130. EXTINGUISHMENT OF REVERSIONARY INTER4 ESTS AND USE RESTRICTIONS. 

5 (a) IDAHO.—

6 (1) IN GENERAL.—With respect to the property 

7 covered by each deed in paragraph (2)—

8 (A) the reversionary interests and use re9 strictions relating to port and industrial use 

10 purposes are extinguished; 

11 (B) the restriction that no activity shall be 

12 permitted that will compete with services and fa13 cilities offered by public marinas is extinguished; 

14 (C) the human habitation or other building 

15 structure use restriction is extinguished if the 

16 elevation of the property is above the standard 

17 project flood elevation; and 

18 (D) the use of fill material to raise areas of 

19 the property above the standard project flood ele20 vation is authorized, except in any area for 

21 which a permit under section 404 of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1344) is 

23 required. 
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1 (2) AFFECTED DEEDS.—The deeds with the fol2 lowing county auditor’s file numbers are referred to 

3 in paragraph (1): 

4 (A) Auditor’s Instruments No. 399218 and 

5 No. 399341 of Nez Perce County, Idaho—2.07 

6 acres. 

7 (B) Auditor’s Instruments No. 487437 and 

8 No. 339341 of Nez Perce County, Idaho—7.32 

9 acres. 

10 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

11 RIVER, TENNESSEE.—

12 (1) RELEASE OF RETAINED RIGHTS, INTERESTS, 

13 RESERVATIONS.—With respect to land conveyed by 

14 the Secretary to the Tennessee Society of Crippled 

15 Children and Adults, Incorporated (now known as 

16 ‘‘Easter Seals Tennessee’’), at Old Hickory Lock and 

17 Dam, Cumberland River, Tennessee, under section 

18 211 of the Flood Control Act of 1965 (79 Stat. 1087), 

19 the reversionary interests and the use restrictions re20 lating to recreation and camping purposes are extin21 guished. 

22 (2) INSTRUMENT OF RELEASE.—As soon as pos23 sible after the date of enactment of this Act, the Sec24 retary shall execute and file in the appropriate office 

25 a deed of release, amended deed, or other appropriate 
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1 instrument effectuating the release of interests re2 quired by paragraph (1). 

3 (c) PORT OF PASCO, WASHINGTON.—

4 (1) EXTINGUISHMENT OF USE RESTRICTIONS

5 AND FLOWAGE EASEMENT.—With respect to the prop6 erty covered by the deed in paragraph (3)(A)—

7 (A) the flowage easement and human habi8 tation or other building structure use restriction 

9 is extinguished if the elevation of the property is 

10 above the standard project flood elevation; and 

11 (B) the use of fill material to raise areas of 

12 the property above the standard project flood ele13 vation is authorized, except in any area for 

14 which a permit under section 404 of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1344) is 

16 required. 

17 (2) EXTINGUISHMENT OF FLOWAGE EASE18 MENT.—With respect to the property covered by each 

19 deed in paragraph (3)(B), the flowage easement is ex20 tinguished if the elevation of the property is above the 

21 standard project flood elevation. 

22 (3) AFFECTED DEEDS.—The deeds referred to in 

23 paragraphs (1) and (2) are as follows: 

24 (A) Auditor’s File Number 262980 of 

25 Franklin County, Washington. 
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1 (B) Auditor’s File Numbers 263334 and 

2 404398 of Franklin County, Washington. 

3 (d) NO EFFECT ON OTHER RIGHTS.—Nothing in this 

4 section affects the remaining rights and interests of the 

5 Corps of Engineers for authorized project purposes. 

6 TITLE IV—STUDIES 

7 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

8 Section 455 of the Water Resources Development Act 

9 of 1999 (42 U.S.C. 1962d–21) is amended by adding at the 

10 end the following: 

11 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The non12 Federal interest may provide up to 100 percent of the non13 Federal share required under subsection (f) in the form of 

14 in-kind services and materials.’’. 

15 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 

16 SITES. 

17 The Secretary shall conduct a study to determine the 

18 nature and frequency of avian botulism problems in the vi19 cinity of Lake Erie associated with dredged material dis20 posal sites and shall make recommendations to eliminate 

21 the conditions that result in such problems. 

22 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 

23 STUDY. 

24 (a) IN GENERAL.—The Secretary, in coordination 

25 with the Secretary of the Interior, the Secretary of Agri-
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1 culture, the Secretary of Commerce, and other appropriate 

2 agencies, shall conduct, at Federal expense, a comprehensive 

3 study of drought conditions in the southwestern United 

4 States, with a particular emphasis on the Colorado River 

5 basin, the Rio Grande River basin, and the Great Basin. 

6 (b) INVENTORY OF ACTIONS.—In conducting the study, 

7 the Secretary shall assemble an inventory of actions taken 

8 or planned to be taken to address drought-related situations 

9 in the southwestern United States. 

10 (c) PURPOSE.—The purpose of the study shall be to 

11 develop recommendations to more effectively address current 

12 and future drought conditions in the southwestern United 

13 States. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to the Secretary to carry out 

16 this section $7,000,000. Such funds shall remain available 

17 until expended. 

18 SEC. 4004. UPPER MISSISSIPPI RIVER COMPREHENSIVE 

19 PLAN. 

20 Section 459(e) of the Water Resources Development Act 

21 of 1999 (113 Stat. 333; 114 Stat. 2635) is amended by 

22 striking ‘‘3 years after the first date on which funds are 

23 appropriated to carry out this section’’ and inserting ‘‘De24 cember 30, 2006’’. 
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1 SEC. 4005. KNIK ARM, COOK INLET, ALASKA. 

2 The Secretary shall conduct, at Federal expense, a 

3 study to determine the potential impacts on navigation of 

4 construction of a bridge across Knik Arm, Cook Inlet, Alas5 ka. 

6 SEC. 4006. KUSKOKWIM RIVER, ALASKA. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for navigation, 

9 Kuskokwim River, Alaska, in the vicinity of the village of 

10 Crooked Creek. 

11 SEC. 4007. ST. GEORGE HARBOR, ALASKA. 

12 The Secretary shall conduct, at Federal expense, a 

13 study to determine the feasibility of providing navigation 

14 improvements at St. George Harbor, Alaska. 

15 SEC. 4008. SUSITNA RIVER, ALASKA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for hydropower, recre18 ation, and related purposes on the Susitna River, Alaska. 

19 SEC. 4009. GILA BEND, MARICOPA, ARIZONA. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for flood damage reduc22 tion, Gila Bend, Maricopa, Arizona. In conducting the 

23 study, the Secretary shall review plans and designs devel24 oped by non-Federal interests and shall incorporate such 

25 plans and designs into the Federal study if the Secretary 
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1 determines that such plans and designs are consistent with 

2 Federal standards. 

3 SEC. 4010. SEARCY COUNTY, ARKANSAS. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of using Greers Ferry Lake as a water supply 

6 source for Searcy County, Arkansas. 

7 SEC. 4011. DRY CREEK VALLEY, CALIFORNIA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project to provide recycled 

10 water for agricultural water supply, Dry Creek Valley, 

11 California, including a review of the feasibility of expand12 ing the Geysers recharge project north of Healdsburg, Cali13 fornia. 

14 SEC. 4012. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 

15 The Secretary shall conduct a study of the Elkhorn 

16 Slough estuary, California, to determine the feasibility of 

17 conserving, enhancing, and restoring estuarine habitats by 

18 developing strategies to address hydrological management 

19 issues. 

20 SEC. 4013. FRESNO, KINGS, AND KERN COUNTIES, CALI21 FORNIA. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply for 

24 Fresno, Kings, and Kern Counties, California. 
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1 SEC. 4014. LOS ANGELES RIVER, CALIFORNIA. 

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

3 study to determine the feasibility of carrying out a project 

4 for flood damage reduction and ecosystem restoration, Los 

5 Angeles River, California. 

6 (b) REVITALIZATION PLAN.—In conducting the study, 

7 the Secretary shall review the Los Angeles River revitaliza8 tion plan developed by non-Federal interests and shall in9 corporate such plan into the Federal study if the Secretary 

10 determines that such plan is consistent with Federal stand11 ards. 

12 SEC. 4015. LYTLE CREEK, RIALTO, CALIFORNIA. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage reduc15 tion and groundwater recharge, Lytle Creek, Rialto, Cali16 fornia. 

17 SEC. 4016. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, 

18 CALIFORNIA. 

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

20 study to determine the feasibility of carrying out a project 

21 for water supply along the Mokelumne River, San Joaquin 

22 County, California. 

23 (b) LIMITATION ON STATUTORY CONSTRUCTION.—

24 Nothing in this section shall be construed to invalidate, pre25 empt, or create any exception to State water law, State 
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1 water rights, or Federal or State permitted activities or 

2 agreements. 

3 SEC. 4017. NAPA RIVER, ST. HELENA, CALIFORNIA. 

4 (a) IN GENERAL.—The Secretary shall conduct a com5 prehensive study of the Napa River in the vicinity of St. 

6 Helena, California, for the purposes of improving flood 

7 management through reconnecting the river to its flood8 plain; restoring habitat, including riparian and aquatic 

9 habitat; improving fish passage and water quality; and re10 storing native plant communities. 

11 (b) PLANS AND DESIGNS.—In conducting the study, 

12 the Secretary shall review plans and designs developed by 

13 non-Federal interests and shall incorporate such plans and 

14 designs into the Federal study if the Secretary determines 

15 that such plans and designs are consistent with Federal 

16 standards. 

17 SEC. 4018. ORICK, CALIFORNIA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage reduc20 tion and ecosystem restoration, Orick, California. In con21 ducting the study, the Secretary shall determine the feasi22 bility of restoring or rehabilitating the Redwood Creek Lev23 ees, Humboldt County, California. 
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1 SEC. 4019. RIALTO, FONTANA, AND COLTON, CALIFORNIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for water supply for 

4 Rialto, Fontana, and Colton, California. 

5 SEC. 4020. SACRAMENTO RIVER, CALIFORNIA. 

6 The Secretary shall conduct a comprehensive study to 

7 determine the feasibility of, and alternatives for, measures 

8 to protect water diversion facilities and fish protective 

9 screen facilities in the vicinity of river mile 178 on the Sac10 ramento River, California. 

11 SEC. 4021. SAN DIEGO COUNTY, CALIFORNIA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply, San 

14 Diego County, California, including a review of the feasi15 bility of connecting 4 existing reservoirs to increase usable 

16 storage capacity. 

17 SEC. 4022. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA18 QUIN DELTA, CALIFORNIA. 

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

20 study to determine the feasibility of the beneficial use of 

21 dredged material from the San Francisco Bay in the Sac22 ramento-San Joaquin Delta, California, including the bene23 fits and impacts of salinity in the Delta and the benefits 

24 to navigation, flood damage reduction, ecosystem restora25 tion, water quality, salinity control, water supply reli26 ability, and recreation. 
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1 (b) COOPERATION.—In conducting the study, the Sec2 retary shall cooperate with the California Department of 

3 Water Resources and appropriate Federal and State enti4 ties in developing options for the beneficial use of dredged 

5 material from San Francisco Bay for the Sacramento-San 

6 Joaquin Delta area. 

7 (c) REVIEW.—The study shall include a review of the 

8 feasibility of using Sherman Island as a rehandling site 

9 for levee maintenance material, as well as for ecosystem res10 toration. The review may include monitoring a pilot project 

11 using up to 150,000 cubic yards of dredged material and 

12 being carried out at the Sherman Island site, examining 

13 larger scale use of dredged materials from the San Fran14 cisco Bay and Suisun Bay Channel, and analyzing the fea15 sibility of the potential use of saline materials from the San 

16 Francisco Bay for both rehandling and ecosystem restora17 tion purposes. 

18 SEC. 4023. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

19 CALIFORNIA. 

20 (a) IN GENERAL.—In conducting the South San Fran21 cisco Bay shoreline study, the Secretary shall—

22 (1) review the planning, design, and land acqui23 sition documents prepared by the California State 

24 Coastal Conservancy, the Santa Clara Valley Water 

25 District, and other local interests in developing rec-
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1 ommendations for measures to provide flood protec2 tion of the South San Francisco Bay shoreline, res3 toration of the South San Francisco Bay salt ponds 

4 (including lands owned by the Department of the In5 terior), and other related purposes; and 

6 (2) incorporate such planning, design, and land 

7 acquisition documents into the Federal study if the 

8 Secretary determines that such documents are con9 sistent with Federal standards. 

10 (b) REPORT.—Not later than December 31, 2008, the 

11 Secretary shall transmit a feasibility report for the South 

12 San Francisco Bay shoreline study to the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Environment and Public 

15 Works of the Senate. 

16 (c) CREDIT.—

17 (1) IN GENERAL.—The Secretary shall credit to18 ward the non-Federal share of the cost of any project 

19 authorized by law as a result of the South San Fran20 cisco Bay shoreline study the cost of work carried out 

21 by the non-Federal interest before the date of the part22 nership agreement for the project if the Secretary de23 termines that the work is integral to the project. 

24 (2) LIMITATION.—In no case may work that was 

25 carried out more than 5 years before the date of en-
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1 actment of this Act be eligible for credit under this 

2 subsection. 

3 SEC. 4024. TWENTYNINE PALMS, CALIFORNIA. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for flood damage reduc6 tion, Pinto Cove Wash, in the vicinity of Twentynine 

7 Palms, California. 

8 SEC. 4025. YUCCA VALLEY, CALIFORNIA. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for flood damage reduc11 tion, West Burnt Mountain basin, in the vicinity of Yucca 

12 Valley, California. 

13 SEC. 4026. BOULDER CREEK, BOULDER, COLORADO. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage reduc16 tion in the Boulder Creek floodplain, Colorado. 

17 SEC. 4027. ROARING FORK RIVER, BASALT, COLORADO. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage reduc20 tion and other purposes for the Roaring Fork River, Basalt, 

21 Colorado. 

22 SEC. 4028. DELAWARE AND CHRISTINA RIVERS AND 

23 SHELLPOT CREEK, WILMINGTON, DELAWARE. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage reduc-
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1 tion and related purposes along the Delaware and Christina 

2 Rivers and Shellpot Creek, Wilmington, Delaware. 

3 SEC. 4029. COLLIER COUNTY BEACHES, FLORIDA. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for hurricane and storm 

6 damage reduction and flood damage reduction in the vicin7 ity of Vanderbilt, Park Shore, and Naples beaches, Collier 

8 County, Florida. 

9 SEC. 4030. VANDERBILT BEACH LAGOON, FLORIDA. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for environmental res12 toration, water supply, and improvement of water quality 

13 at Vanderbilt Beach Lagoon, Florida. 

14 SEC. 4031. MERIWETHER COUNTY, GEORGIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for water supply, 

17 Meriwether County, Georgia. 

18 SEC. 4032. TYBEE ISLAND, GEORGIA. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of including the northern end of Tybee Island 

21 extending from the north terminal groin to the mouth of 

22 Lazaretto Creek as a part of the project for beach erosion 

23 control, Tybee Island, Georgia, carried out under section 

24 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d–

25 5). 
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1 SEC. 4033. KAUKONAHUA-HELEMANO WATERSHED, OAHU, 

2 HAWAII. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for flood damage reduc5 tion, Kaukonahua-Helemano watershed, Oahu, Hawaii. 

6 SEC. 4034. WEST MAUI, MAUI, HAWAII. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out projects for water resources devel9 opment, environmental restoration, and natural resources 

10 protection, West Maui, Maui, Hawaii. 

11 SEC. 4035. BOISE RIVER, IDAHO. 

12 The study for flood control, Boise River, Idaho, author13 ized by section 414 of the Water Resources Development Act 

14 of 1999 (113 Stat. 324), is modified—

15 (1) to add ecosystem restoration and water sup16 ply as project purposes to be studied; and 

17 (2) to require the Secretary to credit toward the 

18 non-Federal share of the cost of the study the cost, not 

19 to exceed $500,000, of work carried out by the non20 Federal interest before the date of the partnership 

21 agreement for the project if the Secretary determines 

22 that the work is integral to the project. 

23 SEC. 4036. BALLARD’S ISLAND SIDE CHANNEL, ILLINOIS. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for ecosystem restora26 tion, Ballard’s Island, Illinois. 
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1 SEC. 4037. CHICAGO, ILLINOIS. 

2 Section 425(a) of the Water Resources Development 

3 Act of 2000 (114 Stat. 2638) is amended by inserting ‘‘Lake 

4 Michigan and’’ before ‘‘the Chicago River’’. 

5 SEC. 4038. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, ILLI6 NOIS. 

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. 4039. UTICA, ILLINOIS. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for flood damage reduc14 tion in the vicinity of Utica, Illinois. 

15 SEC. 4040. LAKE AND PORTER COUNTIES, INDIANA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for riverfront develop18 ment, including enhanced public access, recreation, and en19 vironmental restoration along Lake Michigan, Hammond, 

20 Whiting, East Chicago, Gary, and Portage, Indiana. 

21 SEC. 4041. SALEM, INDIANA. 

22 The Secreatry shall conduct a study to determine the 

23 feasibility of carrying out a project to provide an additional 

24 water supply source for Salem, Indiana. 
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1 SEC. 4042. BUCKHORN LAKE, KENTUCKY. 

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

3 study to determine the feasibility of modifying the project 

4 for flood damage reduction, Buckhorn Lake, Kentucky, au5 thorized by section 2 of the Flood Control Act of June 28, 

6 1938 (52 Stat. 1217), to add ecosystem restoration, recre7 ation, and improved access as project purposes, including 

8 permanently raising the winter pool elevation of the project. 

9 (b) IN-KIND CONTRIBUTIONS.—The non-Federal inter10 est may provide the non-Federal share of the cost of the 

11 study in the form of services, materials, supplies, or other 

12 in-kind contributions. 

13 SEC. 4043. DEWEY LAKE, KENTUCKY. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of modifying the project for Dewey Lake, Ken16 tucky, to add water supply as a project purpose. 

17 SEC. 4044. LOUISVILLE, KENTUCKY. 

18 The Secretary shall conduct a study of the project for 

19 flood control, Louisville, Kentucky, authorized by section 4 

20 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), 

21 to investigate measures to address the rehabilitation of the 

22 project. 

23 SEC. 4045. BASTROP-MOREHOUSE PARISH, LOUISIANA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for water supply, 

26 Bastrop-Morehouse Parish, Louisiana. 
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1 SEC. 4046. OFFSHORE OIL AND GAS FABRICATION PORTS, 

2 LOUISIANA. 

3 (a) BENEFITS.—In conducting a feasibility study for 

4 each of the following projects for navigation, the Secretary 

5 shall include in the calculation of national economic devel6 opment benefits all economic benefits associated with con7 tracts for new energy exploration and contracts for the fab8 rication of energy infrastructure that would result from car9 rying out the project: 

10 (1) Atchafalaya River, Bayous Chene, Boeuf, 

11 and Black, Louisiana, being conducted under section 

12 430 of the Water Resources Development Act of 2000 

13 (114 Stat. 2639). 

14 (2) Iberia Port, Louisiana, being conducted 

15 under section 431 of the Water Resources Development 

16 Act of 2000 (114 Stat. 2639). 

17 (b) REPEAL.—Section 6009 of the Emergency Supple18 mental Appropriations Act for Defense, the Global War on 

19 Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 

20 Stat. 282) is repealed. 

21 SEC. 4047. VERMILION RIVER, LOUISIANA. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for navigation on the 

24 Vermilion River, Louisiana, from the intersection of the 

25 Vermilion River and the Gulf Intracoastal Waterway to the 

26 industrial area north of the Vermilion River. 
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1 SEC. 4048. WEST FELICIANA PARISH, LOUISIANA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for riverfront develop4 ment, including enhanced public access, recreation, and en5 vironmental restoration, on the Mississippi River in West 

6 Feliciana Parish, Louisiana. 

7 SEC. 4049. PATAPSCO RIVER, MARYLAND. 

8 The Secretary shall conduct a study to determine and 

9 assess the impact of debris in the Patapsco River basin, 

10 Maryland, on wetlands, water quality, and public health 

11 and to identify management measures to reduce the inflow 

12 of debris into the Patapsco River. 

13 SEC. 4050. FALL RIVER HARBOR, MASSACHUSETTS AND 

14 RHODE ISLAND. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of deepening that portion of the navigation chan17 nel of the navigation project for Fall River Harbor, Massa18 chusetts and Rhode Island, authorized by section 101 of the 

19 River and Harbor Act of 1968 (82 Stat. 731), seaward of 

20 the Charles M. Braga, Jr. Memorial Bridge, Fall River and 

21 Somerset, Massachusetts. 

22 SEC. 4051. HAMBURG AND GREEN OAK TOWNSHIPS, MICHI23 GAN. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage reduc-
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1 tion on Ore Lake and the Huron River for Hamburg and 

2 Green Oak Townships, Michigan. 

3 SEC. 4052. ST. CLAIR RIVER, MICHIGAN. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 study of the relationships among dredging of the St. Clair 

6 River for navigation, erosion in the river, and declining 

7 water levels in the river and in Lake Michigan and Lake 

8 Huron. 

9 (b) RECOMMENDATIONS.—The report on the results of 

10 the study may include recommendations to address water 

11 level declines in Lake Michigan and Lake Huron. 

12 SEC. 4053. DULUTH-SUPERIOR HARBOR, MINNESOTA AND 

13 WISCONSIN. 

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

15 study and prepare a report to evaluate the integrity of the 

16 bulkhead system located on and in the vicinity of Duluth17 Superior Harbor, Duluth, Minnesota, and Superior, Wis18 consin. 

19 (b) CONTENTS.—The report shall include—

20 (1) a determination of causes of corrosion of the 

21 bulkhead system; 

22 (2) recommendations to reduce corrosion of the 

23 bulkhead system; 

24 (3) a description of the necessary repairs to the 

25 bulkhead system; and 
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1 (4) an estimate of the cost of addressing the 

2 causes of the corrosion and carrying out necessary re3 pairs. 

4 SEC. 4054. WILD RICE RIVER, MINNESOTA. 

5 The Secretary shall review the project for flood protec6 tion and other purposes on Wild Rice River, Minnesota, 

7 authorized by section 201 of the Flood Control Act of 1970 

8 (84 Stat. 1825), to develop alternatives to the Twin Valley 

9 Lake feature. 

10 SEC. 4055. MISSISSIPPI COASTAL AREA, MISSISSIPPI. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of making improvements or modifications to ex13 isting improvements in the coastal area of Mississippi in 

14 the interest of hurricane and storm damage reduction, pre15 vention of saltwater intrusion, preservation of fish and 

16 wildlife, prevention of erosion, and other related water re17 source purposes. 

18 SEC. 4056. NORTHEAST MISSISSIPPI. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of modifying the project for navigation, Ten21 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

22 provide water supply for northeast Mississippi. 

23 SEC. 4057. ST. LOUIS, MISSOURI. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage reduc-
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1 tion, St. Louis, Missouri, to restore or rehabilitate the levee 

2 system feature of the project for flood protection, St. Louis, 

3 Missouri, authorized by the first section of the Act entitled 

4 ‘‘An Act authorizing construction of certain public works 

5 on the Mississippi River for the protection of Saint Louis, 

6 Missouri’’, approved August 9, 1955 (69 Stat. 540). 

7 SEC. 4058. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project in the vicinity of the 

10 Atlantic Intracoastal Waterway, New Jersey, for the con11 struction of a dredged material disposal transfer facility to 

12 make dredged material available for beneficial reuse. 

13 SEC. 4059. BAYONNE, NEW JERSEY. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for environmental res16 toration, including improved water quality, enhanced pub17 lic access, and recreation, on the Kill Van Kull, Bayonne, 

18 New Jersey. 

19 SEC. 4060. CARTERET, NEW JERSEY. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for environmental res22 toration, including improved water quality, enhanced pub23 lic access, and recreation, on the Raritan River, Carteret, 

24 New Jersey. 
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1 SEC. 4061. ELIZABETH RIVER, ELIZABETH, NEW JERSEY. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out ecosystem restoration improve4 ments in the Elizabeth River watershed, Elizabeth, New 

5 Jersey. 

6 SEC. 4062. GLOUCESTER COUNTY, NEW JERSEY. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for flood damage reduc9 tion, Gloucester, New Jersey, including the feasibility of re10 storing the flood protection dikes in Gibbstown, New Jersey, 

11 and the associated tidegates in Gloucester, New Jersey. 

12 SEC. 4063. PERTH AMBOY, NEW JERSEY. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for riverfront develop15 ment, including enhanced public access, recreation, and en16 vironmental restoration, on the Arthur Kill, Perth Amboy, 

17 New Jersey. 

18 SEC. 4064. WRECK POND, MONMOUTH COUNTY, NEW JER19 SEY. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for environmental res22 toration at Wreck Pond, New Jersey, including Black Creek 

23 and associated waters. 
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1 SEC. 4065. BATAVIA, NEW YORK. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for hydropower and re4 lated purposes in the vicinity of Batavia, New York. 

5 SEC. 4066. BIG SISTER CREEK, EVANS, NEW YORK. 

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

7 study to determine the feasibility of carrying out a project 

8 for flood damage reduction, Big Sister Creek, Evans, New 

9 York. 

10 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In con11 ducting the study, the Secretary shall evaluate potential so12 lutions to flooding from all sources, including flooding that 

13 results from ice jams. 

14 SEC. 4067. EAST CHESTER BAY, TURTLE COVE, NEW YORK. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for navigation, East 

17 Chester Creek, Chester Bay, Turtle Cove, New York. 

18 SEC. 4068. FINGER LAKES, NEW YORK. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for aquatic ecosystem 

21 restoration and protection, Finger Lakes, New York, to ad22 dress water quality and invasive species. 

23 SEC. 4069. HUDSON-RARITAN ESTUARY, NEW YORK AND 

24 NEW JERSEY. 

25 In conducting the study for environmental restoration, 

26 Hudson-Raritan Estuary, New York and New Jersey, the 
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1 Secretary shall establish and utilize watershed restoration 

2 teams composed of estuary restoration experts from the 

3 Corps of Engineers, the New Jersey Department of Environ4 mental Protection, and the Port Authority of New York and 

5 New Jersey and other experts designated by the Secretary 

6 for the purpose of developing habitat restoration and water 

7 quality enhancement. 

8 SEC. 4070. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for storm damage reduc11 tion and shoreline protection in the vicinity of Gallagher 

12 Beach, Lake Erie Shoreline, Buffalo, New York. 

13 SEC. 4071. NEWTOWN CREEK, NEW YORK. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out ecosystem restoration improve16 ments on Newtown Creek, Brooklyn and Queens, New York. 

17 SEC. 4072. NIAGARA RIVER, NEW YORK. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for a low-head hydro20 electric generating facility in the Niagara River, New York. 

21 SEC. 4073. UPPER DELAWARE RIVER WATERSHED, NEW 

22 YORK. 

23 Notwithstanding section 221(b) of the Flood Control 

24 Act of 1970 (42 U.S.C. 1962d–5b(b)) and with the consent 

25 of the affected local government, a nonprofit organization 
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1 may serve as the non-Federal interest for a study for the 

2 Upper Delaware River watershed, New York, being carried 

3 out under Committee Resolution 2495 of the Committee on 

4 Transportation and Infrastructure of the House of Rep5 resentatives, adopted May 9, 1996. 

6 SEC. 4074. LINCOLN COUNTY, NORTH CAROLINA. 

7 The Secretary shall conduct a study of existing water 

8 and water quality-related infrastructure in Lincoln Coun9 ty, North Carolina, to assist local interests in determining 

10 the most efficient and effective way to connect county infra11 structure. 

12 SEC. 4075. WILKES COUNTY, NORTH CAROLINA. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for water supply, Wilkes 

15 County, North Carolina. 

16 SEC. 4076. YADKINVILLE, NORTH CAROLINA. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for water supply, 

19 Yadkinville, North Carolina. 

20 SEC. 4077. CINCINNATI, OHIO. 

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

22 study to determine the feasibility of carrying out a project 

23 for ecosystem restoration and recreation on the Ohio River, 

24 Cincinnati, Ohio. 
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1 (b) DESIGN.—While conducting the study, the Sec2 retary may continue to carry out design work for the project 

3 as authorized by section 118 of division H of the Consoli4 dated Appropriations Act, 2004 (118 Stat. 439). 

5 (c) EXISTING PLANS.—In conducting the study, the 

6 Secretary shall review the Central Riverfront Park Master 

7 Plan, dated December 1999, and incorporate any compo8 nents of the plan that the Secretary determines are con9 sistent with Federal standards. 

10 (d) CREDIT.—

11 (1) IN GENERAL.—The Secretary shall credit to12 ward the non-Federal share of the cost of any project 

13 authorized by law as a result of the study the cost of 

14 work carried out by the non-Federal interest before 

15 the date of the partnership agreement for the project 

16 if the Secretary determines that the work is integral 

17 to the project. 

18 (2) LIMITATION.—In no case may work that was 

19 carried out more than 5 years before the date of en20 actment of this Act be eligible for credit under this 

21 subsection. 

22 SEC. 4078. EUCLID, OHIO. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for navigation, eco-
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1 system restoration, and recreation on Lake Erie, in the vi2 cinity of the Euclid Lakefront, Euclid, Ohio. 

3 SEC. 4079. LAKE ERIE, OHIO. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out projects for power generation at 

6 confined disposal facilities along Lake Erie, Ohio. 

7 SEC. 4080. OHIO RIVER, OHIO. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out projects for flood damage reduc10 tion on the Ohio River in Mahoning, Columbiana, Jeffer11 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 

12 Gallia, Lawrence, and Scioto Counties, Ohio. 

13 SEC. 4081. SUTHERLIN, OREGON. 

14 (a) STUDY.—The Secretary shall conduct a study of 

15 water resources along Sutherlin Creek in the vicinity of 

16 Sutherlin, Oregon, to determine the feasibility of carrying 

17 out a project to restore and enhance aquatic resources using 

18 a combination of structural and bioengineering techniques 

19 and, if the Secretary determines that the project is feasible, 

20 the Secretary may carry out the project. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $2,500,000. 
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1 SEC. 4082. TILLAMOOK BAY AND BAR, OREGON. 

2 The Secretary shall conduct a study of the project for 

3 navigation, Tillamook Bay and Bar, Oregon, authorized by 

4 the first section of the River and Harbor Appropriations 

5 Act of July 25, 1912 (37 Stat. 220), to investigate measures 

6 to address dangerous and hazardous wave and ocean condi7 tions. 

8 SEC. 4083. ECOSYSTEM RESTORATION AND FISH PASSAGE 

9 IMPROVEMENTS, OREGON. 

10 (a) STUDY.—The Secretary shall conduct a study to 

11 determine the feasibility of undertaking ecosystem restora12 tion and fish passage improvements on rivers throughout 

13 the State of Oregon. 

14 (b) REQUIREMENTS.—In carrying out the study, the 

15 Secretary shall—

16 (1) work in coordination with the State of Or17 egon, local governments, and other Federal agencies; 

18 and 

19 (2) place emphasis on—

20 (A) fish passage and conservation and res21 toration strategies to benefit species that are list22 ed or proposed for listing as threatened or en23 dangered species under the Endangered Species 

24 Act of 1973 (16 U.S.C. 1531 et seq.); and 

25 (B) other watershed restoration objectives. 

26 (c) PILOT PROGRAM.—
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1 (1) IN GENERAL.—In conjunction with con2 ducting the study under subsection (a), the Secretary 

3 may carry out pilot projects to demonstrate the effec4 tiveness of ecosystem restoration and fish passages. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated $5,000,000 to 

7 carry out this subsection. 

8 SEC. 4084. WALLA WALLA RIVER BASIN, OREGON. 

9 In conducting the study of determine the feasibility of 

10 carrying out a project for ecosystem restoration, Walla 

11 Walla River Basin, Oregon, the Secretary shall—

12 (1) credit toward the non-Federal share of the 

13 cost of the study the cost of work carried out by the 

14 non-Federal interest before the date of the partnership 

15 agreement for the project if the Secretary determines 

16 that the work is integral to the project; and 

17 (2) allow the non-Federal interest to provide the 

18 non-Federal share of the cost of the study in the form 

19 of in-kind services and materials. 

20 SEC. 4085. CHARTIERS CREEK WATERSHED, PENNSYLVANIA. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage reduc23 tion, Chartiers Creek watershed, Pennsylvania. 
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1 SEC. 4086. KINZUA DAM AND ALLEGHENY RESERVOIR, 

2 PENNSYLVANIA. 

3 The Secretary shall conduct a study of the project for 

4 flood control, Kinzua Dam and Allegheny Reservoir, War5 ren, Pennsylvania, authorized by section 5 of the Flood 

6 Control Act of June 22, 1936 (49 Stat. 1570), and modified 

7 by section 2 of the Flood Control Act of June 28, 1938 (52 

8 Stat. 1215), section 2 of the Flood Control Act of August 

9 18, 1941 (55 Stat. 646), and section 4 of the Flood Control 

10 Act of December 22, 1944 (58 Stat. 887), to review oper11 ations of and identify modifications to the project to expand 

12 recreational opportunities. 

13 SEC. 4087. NORTH CENTRAL PENNSYLVANIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out project for aquatic ecosystem res16 toration and protection in Warren, McKean, Potter, Tioga, 

17 Lycoming, Centre, Cameron, Elk, Clearfield, Jefferson, 

18 Clarion, Venango, Forest, Clinton, Crawford, and Mifflin 

19 Counties, Pennsylvania, particularly as related to aban20 doned mine drainage abatement and reestablishment of 

21 stream and river channels. 

22 SEC. 4088. NORTHAMPTON AND LEHIGH COUNTIES 

23 STREAMS, PENNSYLVANIA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for ecosystem restora26 tion, floodplain management, flood damage reduction, 
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1 water quality control, and watershed management, for the 

2 streams of Northampton and Lehigh Counties, Pennsyl3 vania. 

4 SEC. 4089. WESTERN PENNSYLVANIA FLOOD DAMAGE RE5 DUCTION. 

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

7 study of structural and nonstructural flood damage reduc8 tion, stream bank protection, storm water management, 

9 channel clearing and modification, and watershed coordi10 nation measures in the Mahoning River basin, Pennsyl11 vania, the Allegheny River basin, Pennsylvania, and the 

12 Upper Ohio River basin, Pennsylvania, to provide a level 

13 of flood protection sufficient to prevent future losses to com14 munities located in such basins from flooding such as oc15 curred in September 2004, but not less than a 100-year level 

16 of flood protection. 

17 (b) PRIORITY COMMUNITIES.—In carrying out this 

18 section, the Secretary shall give priority to the following 

19 Pennsylvania communities: Marshall Township, Ross 

20 Township, Shaler Township, Jackson Township, Harmony, 

21 Zelienople, Darlington Township, Houston Borough, 

22 Chartiers Township, Washington, Canton Township, 

23 Tarentum Borough, and East Deer Township. 
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1 SEC. 4090. WILLIAMSPORT, PENNSYLVANIA. 

2 The Secretary shall conduct a study of the project for 

3 flood control, Williamsport, Pennsylvania, authorized by 

4 section 5 of the Flood Control Act of June 22, 1936 (49 

5 Stat. 1570), to investigate measures to rehabilitate the 

6 project. 

7 SEC. 4091. YARDLEY BOROUGH, PENNSYLVANIA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage reduc10 tion, at Yardley Borough, Pennsylvania, including the al11 ternative of raising River Road. 

12 SEC. 4092. RIO VALENCIANO, JUNCOS, PUERTO RICO. 

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

14 study to reevaluate the project for flood damage reduction 

15 and water supply, Rio Valenciano, Juncos, Puerto Rico, 

16 authorized by section 209 of the Flood Control Act of 1962 

17 (76 Stat. 1197) and section 204 of the Flood Control Act 

18 of 1970 (84 Stat. 1828), to determine the feasibility of car19 rying out the project. 

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

21 non-Federal share of the cost of the study the cost of work 

22 carried out by the non-Federal interest before the date of 

23 the partnership agreement for the project if the Secretary 

24 determines that the work is integral to the project. 
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1 SEC. 4093. CROOKED CREEK, BENNETTSVILLE, SOUTH 

2 CAROLINA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply, Crook5 ed Creek, Bennettsville, South Carolina. 

6 SEC. 4094. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for water supply, Broad 

9 River, York County, South Carolina. 

10 SEC. 4095. GEORGETOWN AND WILLIAMSBURG COUNTIES, 

11 SOUTH CAROLINA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply for 

14 Georgetown and Williamsburg Counties, South Carolina, 

15 including the viability and practicality of constructing a 

16 desalinization water treatment facility to meet such water 

17 supply needs. 

18 SEC. 4096. CHATTANOOGA, TENNESSEE. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for flood damage reduc21 tion, Chattanooga Creek, Dobbs Branch, Chattanooga, Ten22 nessee. 

23 SEC. 4097. CLEVELAND, TENNESSEE. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage reduc26 tion, Cleveland, Tennessee. 
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1 SEC. 4098. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for recreation on, river4 bank protection for, and environmental protection of, the 

5 Cumberland River and riparian habitats in the city of 

6 Nashville and Davidson County, Tennessee. 

7 SEC. 4099. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN8 NESSEE. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for water supply for 

11 Lewis, Lawrence, and Wayne Counties, Tennessee. 

12 SEC. 4100. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS 

13 TENNESSEE. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage reduc16 tion along Wolf River and Nonconnah Creek, in the vicinity 

17 of Memphis, Tennessee, to include the repair, replacement, 

18 rehabilitation, and restoration of the following pumping 

19 stations: Cypress Creek, Nonconnah Creek, Ensley, Marble 

20 Bayou, and Bayou Gayoso. 

21 SEC. 4101. ABILENE, TEXAS. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply, Abi24 lene, Texas. 
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1 SEC. 4102. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

2 RESTORATION, TEXAS. 

3 (a) IN GENERAL.—The Secretary shall develop a com4 prehensive plan to determine the feasibility of carrying out 

5 projects for flood damage reduction, hurricane and storm 

6 damage reduction, and ecosystem restoration in the coastal 

7 areas of the State of Texas. 

8 (b) SCOPE.—The comprehensive plan shall provide for 

9 the protection, conservation, and restoration of wetlands, 

10 barrier islands, shorelines, and related lands and features 

11 that protect critical resources, habitat, and infrastructure 

12 from the impacts of coastal storms, hurricanes, erosion, and 

13 subsidence. 

14 (c) DEFINITION.—For purposes of this section, the 

15 term ‘‘coastal areas in the State of Texas’’ means the coastal 

16 areas of the State of Texas from the Sabine River on the 

17 east to the Rio Grande River on the west and includes tidal 

18 waters, barrier islands, marches, coastal wetlands, rivers 

19 and streams, and adjacent areas. 

20 SEC. 4103. FORT BEND COUNTY, TEXAS. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage reduc23 tion, Fort Bend County, Texas. 
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1 SEC. 4104. HARRIS COUNTY, TEXAS. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage reduc4 tion, Harris County, Texas. 

5 SEC. 4105. PORT OF GALVESTON, TEXAS. 

6 The Secretary shall conduct a study of the feasibility 

7 of carrying out a project for dredged material disposal in 

8 the vicinity of the project for navigation and environmental 

9 restoration, Houston-Galveston Navigation Channels, 

10 Texas, authorized by section 101(a)(30) of the Water Re11 sources Development Act of 1996 (110 Stat. 3666). 

12 SEC. 4106. ROMA CREEK, TEXAS. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage reduc15 tion, Roma Creek, Texas. 

16 SEC. 4107. WALNUT CREEK, TEXAS. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for flood damage reduc19 tion, environmental restoration, and erosion control, Wal20 nut Creek, Texas. 

21 SEC. 4108. GRAND COUNTY AND MOAB, UTAH. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply for 

24 Grand County and the city of Moab, Utah, including a re25 view of the impact of current and future demands on the 

26 Spanish Valley Aquifer. 
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1 SEC. 4109. SOUTHWESTERN UTAH. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage reduc4 tion, Santa Clara River, Washington, Iron, and Kane 

5 Counties, Utah. 

6 SEC. 4110. CHOWAN RIVER BASIN, VIRGINIA AND NORTH 

7 CAROLINA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage reduc10 tion, environmental restoration, navigation, and erosion 

11 control, Chowan River basin, Virginia and North Carolina. 

12 SEC. 4111. JAMES RIVER, RICHMOND, VIRGINIA. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage reduc15 tion for the James River in the vicinity of Richmond, Vir16 ginia, including the Shockoe Bottom area. 

17 SEC. 4112. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. 

18 (a) IN GENERAL.—The study for rehabilitation of the 

19 Elliott Bay Seawall, Seattle, Washington, being carried out 

20 under Committee Resolution 2704 of the Committee on 

21 Transportation and Infrastructure of the House of Rep22 resentatives adopted September 25, 2002, is modified to in23 clude a determination of the feasibility of reducing future 

24 damage to the seawall from seismic activity. 

25 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 

26 out the study, the Secretary may accept contributions in 
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1 excess of the non-Federal share of the cost of the study from 

2 the non-Federal interest to the extent that the Secretary de3 termines that the contributions will facilitate completion of 

4 the study. 

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

6 non-Federal share of the cost of any project authorized by 

7 law as a result of the study the value of contributions ac8 cepted by the Secretary under subsection (b). 

9 SEC. 4113. MONONGAHELA RIVER BASIN, NORTHERN WEST 

10 VIRGINIA. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out aquatic ecosystem restoration 

13 and protection projects in the watersheds of the 

14 Monongahela River Basin lying within the counties of 

15 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

16 Doddridge, Monongalia, Marion, Harrison, Taylor, 

17 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, Brooke, 

18 and Rithchie, West Virginia, particularly as related to 

19 abandoned mine drainage abatement. 

20 SEC. 4114. KENOSHA HARBOR, WISCONSIN. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for navigation, Kenosha 

23 Harbor, Wisconsin, including the extension of existing 

24 piers. 
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1 SEC. 4115. WAUWATOSA, WISCONSIN. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage reduc4 tion and environmental restoration, Menomonee River and 

5 Underwood Creek, Wauwatosa, Wisconsin, and greater Mil6 waukee watersheds, Wisconsin. 

7 TITLE V—MISCELLANEOUS 

8 PROVISIONS 

9 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

10 (a) IN GENERAL.—Upon request of a non-Federal in11 terest, the Secretary shall be responsible for maintenance 

12 of the following navigation channels and breakwaters con13 structed or improved by the non-Federal interest if the Sec14 retary determines that such maintenance is economically 

15 justified and environmentally acceptable and that the chan16 nel or breakwater was constructed in accordance with ap17 plicable permits and appropriate engineering and design 

18 standards: 

19 (1) Manatee Harbor basin, Florida. 

20 (2) Bayou LaFourche Channel, Port Fourchon, 

21 Louisiana. 

22 (3) Calcasieu River at Devil’s Elbow, Louisiana. 

23 (4) Pidgeon Industrial Harbor, Pidgeon Indus24 trial Park, Memphis Harbor, Tennessee. 

25 (5) Pix Bayou Navigation Channel, Chambers 

26 County, Texas. 
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1 (6) Racine Harbor, Wisconsin. 

2 (b) COMPLETION OF ASSESSMENT.—Not later than 6 

3 months after the date of receipt of a request from a non4 Federal interest for Federal assumption of maintenance of 

5 a channel listed in subsection (a), the Secretary shall make 

6 a determination as provided in subsection (a) and advise 

7 the non-Federal interest of the Secretary’s determination. 

8 SEC. 5002. WATERSHED MANAGEMENT. 

9 (a) IN GENERAL.—The Secretary may provide tech10 nical, planning, and design assistance to non-Federal inter11 ests for carrying out watershed management, restoration, 

12 and development projects at the locations described in sub13 section (d). 

14 (b) SPECIFIC MEASURES.—Assistance provided under 

15 subsection (a) may be in support of non-Federal projects 

16 for the following purposes: 

17 (1) Management and restoration of water qual18 ity. 

19 (2) Control and remediation of toxic sediments. 

20 (3) Restoration of degraded streams, rivers, wet21 lands, and other waterbodies to their natural condi22 tion as a means to control flooding, excessive erosion, 

23 and sedimentation. 

24 (4) Protection and restoration of watersheds, in25 cluding urban watersheds. 
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1 (5) Demonstration of technologies for non2 structural measures to reduce destructive impacts of 

3 flooding. 

4 (c) NON-FEDERAL SHARE.—The non-Federal share of 

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

6 be 50 percent. 

7 (d) PROJECT LOCATIONS.—The locations referred to in 

8 subsection (a) are the following: 

9 (1) Cucamonga basin, Upland, California. 

10 (2) Charlotte Harbor watershed, Florida. 

11 (3) Big Creek watershed, Roswell, Georgia. 

12 (4) Those portions of the watersheds of the Chat13 tahoochee, Etowah, Flint, Ocmulgee, and Oconee Riv14 ers lying within the counties of Bartow, Cherokee, 

15 Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 

16 Fulton, Forsyth, Gwinnett, Hall, Henry, Paulding, 

17 Rockdale, and Walton, Georgia. 

18 (5) Kinkaid Lake, Jackson County, Illinois. 

19 (6) Amite River basin, Louisiana. 

20 (7) East Atchafalaya River basin, Iberville Par21 ish and Pointe Coupee Parish, Louisiana. 

22 (8) Red River watershed, Louisiana. 

23 (9) Taunton River basin, Massachusetts. 

24 (10) Lower Platte River watershed, Nebraska. 

25 (11) Rio Grande watershed, New Mexico. 
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1 (12) Marlboro Township, New Jersey. 

2 (13) Buffalo River watershed, New York. 

3 (14) Cattaragus Creek watershed, New York. 

4 (15) Eighteenmile Creek watershed, Niagara 

5 County, New York. 

6 (16) Esopus, Plattekill, and Rondout Creeks, 

7 Greene, Sullivan, and Ulster Counties, New York. 

8 (17) Genesee River watershed, New York. 

9 (18) Greenwood Lake watershed, New York and 

10 New Jersey. 

11 (19) Long Island Sound watershed, New York. 

12 (20) Oswego River basin, New York. 

13 (21) Ramapo River watershed, New York. 

14 (22) Tonawanda Creek watershed, New York. 

15 (23) Tuscarawas River basin, Ohio. 

16 (24) Western Lake Erie basin, Ohio. 

17 (25) Those portions of the watersheds of the Bea18 ver, Upper Ohio, Connoquenessing, Lower Allegheny, 

19 Kiskiminetas, Lower Monongahela, Youghiogheny, 

20 Shenango, and Mahoning Rivers lying within the 

21 counties of Beaver, Butler, Lawrence, and Mercer, 

22 Pennsylvania. 

23 (26) Otter Creek watershed, Pennsylvania. 

24 (27) Unami Creek watershed, Milford Township, 

25 Pennsylvania. 
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1 (28) Sauk River basin, Washington. 

2 (29) Greater Milwaukee watersheds, Wisconsin. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $15,000,000. 

6 SEC. 5003. DAM SAFETY. 

7 (a) ASSISTANCE.—The Secretary may provide assist8 ance to enhance dam safety at the following locations: 

9 (1) Fish Creek Dam, Blaine County, Idaho. 

10 (A) Hamilton Dam, Saginaw River, Flint, 

11 Michigan. 

12 (B) Candor Dam, Candor, New York. 

13 (C) State Dam, Auburn, New York. 

14 (D) Whaley Lake Dam, Pawling, New York. 

15 (E) Ingham Spring Dam, Solebury Township, 

16 Pennsylvania. 

17 (F) Leaser Lake Dam, Lehigh County, Pennsyl18 vania. 

19 (G) Stillwater Dam, Monroe County, Pennsyl20 vania. 

21 (H) Wissahickon Creek Dam, Montgomery Coun22 ty, Pennsylvania. 

23 (b) SPECIAL RULE.—The assistance provided under 

24 subsection (a) for State Dam, Auburn, New York, shall be 

25 for a project for rehabilitation in accordance with the report 
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1 on State Dam Rehabilitation, Owasco Lake Outlet, New 

2 York, dated March 1999, if the Secretary determines that 

3 the project is feasible. 

4 (c) FERN RIDGE DAM, OREGON.—It is the sense of 

5 Congress that the Secretary should immediately carry out 

6 a project to remedy the situation at Fern Ridge Dam, Or7 egon, due to the rapid deterioration of the dam. Cost shar8 ing for the project shall be as provided by section 1203 of 

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

10 467n). 

11 (d) KEHLY RUN DAMS, PENNSYLVANIA.—Section 

12 504(a)(2) of the Water Resources Development Act of 1999 

13 (113 Stat. 338; 117 Stat. 1842) is amended by striking 

14 ‘‘Dams’’ and inserting ‘‘Dams No. 1–5’’. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out subsection (a) 

17 $6,000,000. 

18 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

19 (a) IN GENERAL.—Upon request of a non-Federal in20 terest, the Secretary shall evaluate the structural integrity 

21 and effectiveness of a project for flood damage reduction 

22 and, if the Secretary determines that the project does not 

23 meet such minimum standards as the Secretary may estab24 lish and, absent action by the Secretary, the project will 

25 fail, the Secretary may take such action as may be nec-
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1 essary to restore the integrity and effectiveness of the 

2 project. 

3 (b) PRIORITY.—The Secretary shall evaluate under 

4 subsection (a) the following projects: 

5 (1) Project for flood damage reduction, Arkansas 

6 River Levees, river mile 205 to river mile 308.4, Ar7 kansas. 

8 (2) Project for flood damage reduction, 

9 Nonconnah Creek, Tennessee. 

10 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

11 (a) IN GENERAL.—Section 212(e) of the Water Re12 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 

13 Stat. 2599) is amended—

14 (1) by striking ‘‘and’’ at the end of paragraphs 

15 (23) and (27); 

16 (2) by striking the period at the end of para17 graph (28) and inserting a semicolon; and 

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

19 ‘‘(29) Ascension Parish, Louisiana; 

20 ‘‘(30) East Baton Rouge Parish, Louisiana; 

21 ‘‘(31) Iberville Parish, Louisiana; 

22 ‘‘(32) Livingston Parish, Louisiana; and 

23 ‘‘(33) Pointe Coupee Parish, Louisiana.’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended by 
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1 striking ‘‘section—’’ and all that follows before the period 

2 at the end and inserting ‘‘section $20,000,000’’. 

3 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

4 PROJECTS. 

5 (a) IN GENERAL.—Section 219(e) of the Water Re6 sources Development Act of 1992 (106 Stat. 4835; 110 Stat. 

7 3757; 113 Stat. 334) is amended—

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (7); 

10 (2) by striking the period at the end of para11 graph (8) and inserting a semicolon; and 

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

13 ‘‘(9) $35,000,000 for the project described in sub14 section (c)(18); 

15 ‘‘(10) $20,000,000 for the project described in 

16 subsection (c)(20); 

17 ‘‘(11) $35,000,000 for the project described in 

18 subsection (c)(23); 

19 ‘‘(12) $20,000,000 for the project described in 

20 subsection (c)(25); 

21 ‘‘(13) $20,000,000 for the project described in 

22 subsection (c)(26); 

23 ‘‘(14) $35,000,000 for the project described in 

24 subsection (c)(27); 
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1 ‘‘(15) $20,000,000 for the project described in 

2 subsection (c)(28); and 

3 ‘‘(16) $30,000,000 for the project described in 

4 subsection (c)(40).’’. 

5 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR6 KANSAS.—Federal assistance made available under the 

7 rural enterprise zone program of the Department of Agri8 culture may be used toward payment of the non-Federal 

9 share of the costs of the project described in section 

10 219(c)(20) of the Water Resources Development Act of 1992 

11 (114 Stat. 2763A–219) if such assistance is authorized to 

12 be used for such purposes. 

13 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CON14 STRUCTION FOR CERTAIN PROJECTS. 

15 The Secretary shall expedite completion of the reports 

16 and, if the Secretary determines the project is feasible, shall 

17 expedite completion of construction for the following 

18 projects: 

19 (1) Fulmer Creek, Village of Mohawk, New York, 

20 being carried out under section 205 of the Flood Con21 trol Act of 1948 (33 U.S.C. 701s). 

22 (2) Moyer Creek, Village of Frankfort, New York, 

23 being carried out under section 205 of the Flood Con24 trol Act of 1948 (33 U.S.C. 701s). 
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1 (3) Steele Creek, Village of Ilion, New York, 

2 being carried out under section 205 of the Flood Con3 trol Act of 1948 (33 U.S.C. 701s). 

4 (4) Oriskany Wildlife Management Area, Rome, 

5 New York, being carried out under section 206 of the 

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

7 2330). 

8 (5) Whitney Point Lake, Otselic River, Whitney 

9 Point, New York, being carried out under section 

10 1135 of the Water Resources Development Act of 1986 

11 (33 U.S.C. 2309a). 

12 (6) Newton Creek, Bainbridge, New York, being 

13 carried out under section 14 of the Flood Control Act 

14 of 1946 (33 U.S.C. 701r). 

15 (7) Chenango Lake, Chenango County, New 

16 York, being carried out under section 206 of the 

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

18 2330). 

19 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER20 TAIN PROJECTS. 

21 (a) IN GENERAL.—The Secretary shall expedite com22 pletion of the reports for the following projects and, if the 

23 Secretary determines that a project is justified in the com24 pleted report, proceed directly to project preconstruction, 

25 engineering, and design: 
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1 (1) Project for water supply, Little Red River, 

2 Arkansas. 

3 (2) Project for shoreline stabilization at Egmont 

4 Key, Florida. 

5 (3) Project for ecosystem restoration, University 

6 Lake, Baton Rouge, Louisiana. 

7 (4) Project for hurricane and storm damage re8 duction, Montauk Point, New York. 

9 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.—In 

10 carrying out the project for shoreline stabilization at 

11 Egmont Key, Florida, referred to in subsection (a)(2), the 

12 Secretary shall waive any cost share to be provided by non13 Federal interests for any portion of the project that benefits 

14 federally owned property. 

15 (c) SPECIAL RULE FOR MONTAUK POINT, NEW

16 YORK.—The Secretary shall complete the report for the 

17 project referred to in subsection (a)(4) not later than Sep18 tember 30, 2005, notwithstanding the ownership of the 

19 property to be protected. 

20 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS21 MENT. 

22 (a) IN GENERAL.—The Secretary shall conduct, at 

23 Federal expense, an assessment of the water resources needs 

24 of the river basins and watersheds of the southeastern 

25 United States. 
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1 (b) COOPERATIVE AGREEMENTS.—In carrying out the 

2 assessment, the Secretary may enter into cooperative agree3 ments with State and local agencies, non-Federal and non4 profit entities, and regional researchers. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated $7,000,000 to carry out this 

7 section. 

8 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

9 MANAGEMENT PROGRAM. 

10 Section 1103(e)(7) of the Water Resources Development 

11 Act of 1986 (33 U.S.C. 652(e)(7)) is amended—

12 (1) by adding at the end of subparagraph (A) the 

13 following: ‘‘The non-Federal interest may provide the 

14 non-Federal share of the cost of the project in the form 

15 of in-kind services and materials.’’; and 

16 (2) by inserting after subparagraph (B) the fol17 lowing: 

18 ‘‘(C) Notwithstanding section 221(b) of the Flood Con19 trol Act of 1970 (42 U.S.C. 1962d–5(b)), for any project 

20 undertaken under this section, a non-Federal interest may 

21 include a nonprofit entity, with the consent of the affected 

22 local government.’’. 
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1 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN2 HANCEMENT PROJECT. 

3 Section 514(g) of the Water Resources Development Act 

4 of 1999 (113 Stat. 343; 117 Stat. 142) is amended by strik5 ing ‘‘and 2004’’ and inserting ‘‘through 2015’’. 

6 SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RES7 TORATION. 

8 Section 506(f)(3)(B) of the Water Resources Develop9 ment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 2646) 

10 is amended by striking ‘‘50 percent’’ and inserting ‘‘100 

11 percent’’. 

12 SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND 

13 SEDIMENT REMEDIATION. 

14 Section 401(c) of the Water Resources Development Act 

15 of 1990 (33 U.S.C. 1268 note; 114 Stat. 2613) is amended 

16 by striking ‘‘2006’’ and inserting ‘‘2011’’. 

17 SEC. 5014. GREAT LAKES TRIBUTARY MODEL. 

18 Section 516(g)(2) of the Water Resources Development 

19 Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended by striking 

20 ‘‘2006’’ and inserting ‘‘2011’’. 

21 SEC. 5015. SUSQUEHANNA, DELAWARE, AND POTOMAC 

22 RIVER BASINS. 

23 (a) EX OFFICIO MEMBER.—Notwithstanding section 

24 3001(a) of the 1997 Emergency Supplemental Appropria25 tions Act for Recovery From Natural Disasters, and for 

26 Overseas Peacekeeping Efforts, Including Those in Bosnia 
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1 (111 Stat. 176) and section 2.2 of both the Susquehanna 

2 River Basin Compact (Public Law 91–575) and the Dela3 ware River Basin Compact (Public Law 87–328), begin4 ning in fiscal year 2005 and thereafter, the Division Engi5 neer, North Atlantic Division, Corps of Engineers, shall be 

6 the ex officio United States member under the Susquehanna 

7 River Basin Compact and the Delaware River Basin Com8 pact, who shall serve without additional compensation and 

9 who may designate an alternate member or members in ac10 cordance with the terms of those respective compacts. 

11 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

12 may allocate funds to the Susquehanna River Basin Com13 mission, Delaware River Basin Commission, and the Inter14 state Commission on the Potomac River Basin (Potomac 

15 River Basin Compact (Public Law 91–407)) to fulfill the 

16 equitable funding requirements of their respective interstate 

17 compacts. 

18 (c) WATER SUPPLY AND CONSERVATION STORAGE.—

19 The Secretary shall enter into an agreement with the Dela20 ware River Basin Commission to provide temporary water 

21 supply and conservation storage at the Francis E. Walter 

22 Dam, Pennsylvania, during any period in which the Com23 mission has determined that a drought warning or drought 

24 emergency exists. The agreement shall provide that the cost 

25 for any such water supply and conservation storage shall 
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1 not exceed the incremental operating costs associated with 

2 providing the storage. 

3 SEC. 5016. CHESAPEAKE BAY ENVIRONMENTAL RESTORA4 TION AND PROTECTION PROGRAM. 

5 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 

6 Water Resources Development Act of 1996 (110 Stat. 3759) 

7 is amended by striking ‘‘, and beneficial uses of dredged 

8 material’’ and inserting ‘‘, beneficial uses of dredged mate9 rial, and restoration of submerged aquatic vegetation’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 510(i) of such Act (110 Stat. 3761) is amended by striking 

12 ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 

13 SEC. 5017. CHESAPEAKE BAY OYSTER RESTORATION. 

14 The second sentence of section 704(b) of the Water Re15 sources Development Act of 1986 (33 U.S.C. 2263(b)) is 

16 amended by striking ‘‘$20,000,000’’ and inserting 

17 ‘‘$30,000,000’’. 

18 SEC. 5018. HYPOXIA ASSESSMENT. 

19 The Secretary may participate with Federal, State, 

20 and local agencies, non-Federal and nonprofit entities, re21 gional researchers, and other interested parties to assess hy22 poxia in the Gulf of Mexico. 
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1 SEC. 5019. POTOMAC RIVER WATERSHED ASSESSMENT AND 

2 TRIBUTARY STRATEGY EVALUATION AND 

3 MONITORING PROGRAM. 

4 The Secretary may participate in the Potomac River 

5 Watershed Assessment and Tributary Strategy Evaluation 

6 and Monitoring Program to identify a series of resource 

7 management indicators to accurately monitor the effective8 ness of the implementation of the agreed upon tributary 

9 strategies and other public policies that pertain to natural 

10 resource protection of the Potomac River watershed. 

11 SEC. 5020. LOCK AND DAM SECURITY. 

12 (a) STANDARDS.—The Secretary, in consultation with 

13 the Federal Emergency Management Agency, the Tennessee 

14 Valley Authority, and the Coast Guard, shall develop stand15 ards for the security of locks and dams, including the test16 ing and certification of vessel exclusion barriers. 

17 (b) SITE SURVEYS.—At the request of a lock or dam 

18 owner, the Secretary shall provide technical assistance, on 

19 a reimbursible basis, to improve lock or dam security. 

20 (c) COOPERATIVE AGREEMENT.—The Secretary may 

21 enter into a cooperative agreement with a nonprofit alliance 

22 of public and private organizations that has the mission 

23 of promoting safe waterways and seaports to carry out test24 ing and certification activities, and to perform site surveys, 

25 under this section. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $3,000,000 to carry out this 

3 section. 

4 SEC. 5021. PINHOOK CREEK, HUNTSVILLE, ALABAMA. 

5 The Secretary shall design and construct the locally 

6 preferred plan for flood protection at Pinhook Creek, Hunts7 ville, Alabama, under the authority of section 205 of the 

8 Flood Control Act of 1948 (33 U.S.C. 701s). The Secretary 

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

10 financing of the project in accordance with section 903(c) 

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

12 4184) to the extent that the Secretary’s evaluation indicates 

13 that applying such section is necessary to implement the 

14 project. 

15 SEC. 5022. TALLAPOOSA, ALABAMA. 

16 The Secretary may provide technical assistance relat17 ing to water supply to the Middle Tallapoosa Water Supply 

18 District, Alabama. There is authorized to be appropriated 

19 $5,000,000 to carry out this section. 

20 SEC. 5023. ALASKA. 

21 Section 570 of the Water Resources Development Act 

22 of 1999 (113 Stat. 369) is amended—

23 (1) in subsection (c) by inserting ‘‘environmental 

24 restoration,’’ after ‘‘water supply and related facili25 ties,’’; 
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1 (2) in subsection (e)(3)(B) by striking the last 

2 sentence; 

3 (3) in subsection (h) by striking ‘‘$25,000,000’’ 

4 and inserting ‘‘$45,000,000’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

7 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

8 5b(b)), for any project undertaken under this section, a non9 Federal interest may include a nonprofit entity, with the 

10 consent of the affected local government. 

11 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

12 of the amounts appropriated to carry out this section may 

13 be used by the Corps of Engineers district offices to admin14 ister projects under this section at 100 percent Federal ex15 pense.’’. 

16 SEC. 5024. BARROW, ALASKA. 

17 The Secretary shall carry out, under section 117 of the 

18 Energy and Water Development Appropriations Act, 2005 

19 (118 Stat. 2944), a nonstructural project for coastal erosion 

20 and storm damage prevention and reduction at Barrow, 

21 Alaska, including relocation of infrastructure. 

22 SEC. 5025. COFFMAN COVE, ALASKA. 

23 The Secretary is authorized to carry out a project for 

24 navigation, Coffman Cove, Alaska, at a total cost of 

25 $3,000,000. 
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1 SEC. 5026. FORT YUKON, ALASKA. 

2 The Secretary shall make repairs to the dike at Fort 

3 Yukon, Alaska, so that the dike meets Corps of Engineers 

4 standards. 

5 SEC. 5027. KOTZEBUE HARBOR, ALASKA. 

6 The Secretary is authorized to carry out a project for 

7 navigation, Kotzebue Harbor, Kotzebue, Alaska, at at total 

8 cost of $2,200,000. 

9 SEC. 5028. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

10 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

11 Secretary shall assume responsibility for the long-term 

12 maintenance and repair of the Lowell Creek Tunnel. 

13 (b) STUDY.—The Secretary shall conduct a study to 

14 determine whether alternative methods of flood diversion in 

15 Lowell Canyon are feasible. 

16 SEC. 5029. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

17 ALASKA. 

18 The Secretary shall carry out, on an emergency basis, 

19 necessary removal of rubble, sediment, and rock impeding 

20 the entrance to the St. Herman and St. Paul Harbors, Ko21 diak, Alaska, at a Federal cost of $2,000,000. 

22 SEC. 5030. TANANA RIVER, ALASKA. 

23 The Secretary shall carry out, on an emergency basis, 

24 the removal of the hazard to navigation on the Tanana 

25 River, Alaska, near the mouth of the Chena River, as de26 scribed in the January 3, 2005, memorandum from the 
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1 Commander, Seventeenth Coast Guard District, to the 

2 Corps of Engineers, Alaska District, Anchorage, Alaska. 

3 SEC. 5031. VALDEZ, ALASKA. 

4 The Secretary is authorized to construct a small boat 

5 harbor in Valdez, Alaska, at a total cost of $20,000,000, 

6 with an estimated Federal cost of $10,500,000 and an esti7 mated non-Federal cost of $9,500,000. 

8 SEC. 5032. WHITTIER, ALASKA. 

9 (a) STUDY.—The Secretary shall conduct, at Federal 

10 expense, a study to determine the feasibility of carrying out 

11 projects for navigation at Whittier, Alaska, to construct a 

12 new boat harbor at the head of Whittier Bay and to expand 

13 the existing harbor and, if the Secretary determines that 

14 a project is feasible, the Secretary may carry out the project. 

15 (b) NON-FEDERAL COST SHARE.—The non-Federal 

16 interest may use, and the Secretary shall accept, funds pro17 vided under any other Federal program to satisfy, in whole 

18 or in part, the non-Federal share of the construction of any 

19 project carried out under this section if such funds are au20 thorized to be used to carry out such project. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $35,200,000. 
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1 SEC. 5033. WRANGELL HARBOR, ALASKA. 

2 (a) GENERAL NAVIGATION FEATURES.—In carrying 

3 out the project for navigation, Wrangell Harbor, Alaska, 

4 authorized by section 101(b)(1) of the Water Resources De5 velopment Act of 1999 (113 Stat. 279), the Secretary shall 

6 consider the dredging of the mooring basin and construction 

7 of the inner harbor facilities to be general navigation fea8 tures for purposes of estimating the non-Federal share of 

9 project costs. 

10 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

11 Secretary shall revise the partnership agreement for the 

12 project to reflect the change required by subsection (a). 

13 SEC. 5034. AUGUSTA AND CLARENDON, ARKANSAS. 

14 (a) IN GENERAL.—The Secretary is authorized to per15 form operation, maintenance, and rehabilitation of author16 ized and completed levees on the White River between Au17 gusta and Clarendon, Arkansas. 

18 (b) REIMBURSEMENT.—After performing the oper19 ation, maintenance, and rehabilitation under subsection 

20 (a), the Secretary shall seek reimbursement from the Sec21 retary of the Interior of an amount equal to the costs allo22 cated to benefits to a Federal wildlife refuge of such oper23 ation, maintenance, and rehabilitation. 

24 SEC. 5035. DES ARC LEVEE PROTECTION, ARKANSAS. 

25 The Secretary shall review the project for flood control, 

26 Des Arc, Arkansas, to determine whether bank and channel 
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1 scour along the White River threaten the existing project 

2 and whether the scour is as a result of a design deficiency. 

3 If the Secretary determines that such conditions exist as 

4 a result of a deficiency, the Secretary shall carry out meas5 ures to eliminate the deficiency. 

6 SEC. 5036. HELENA AND VICINITY, ARKANSAS. 

7 The Secretary shall accept as fulfilling the non-Federal 

8 cost-sharing responsibilities for the project for flood control, 

9 Helena and Vicinity, Arkansas, authorized by section 401 

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

11 4112), the non-Federal cash contribution of $568,000 and 

12 the lands, easements, rights-of-way, relocations, and 

13 dredged material disposal areas provided by the non-Fed14 eral sponsor as of September 1, 2003, and the Secretary 

15 shall not seek to recover any reimbursement from the non16 Federal sponsor related to advanced payments to, or work 

17 performed for, the non-Federal sponsor under the authority 

18 of sections 103 and 104 of the Water Resources Development 

19 Act of 1986 (33 U.S.C. 2213, 2214). 

20 SEC. 5037. LOOMIS LANDING, ARKANSAS. 

21 The Secretary shall conduct a study of shore damage 

22 in the vicinity of Loomis Landing, Arkansas, to determine 

23 if the damage is the result of a Federal navigation project, 

24 and, if the Secretary determines that the damage is the re25 sult of a Federal navigation project, the Secretary shall 
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1 carry out a project to mitigate the damage under section 

2 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i). 

3 SEC. 5038. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS4 SOURI. 

5 The Secretary shall conduct a study of increased silta6 tion and streambank erosion in the St. Francis River 

7 Basin, Arkansas and Missouri, to determine if the siltation 

8 or erosion, or both, are the result of a Federal flood control 

9 project and, if the Secretary determines that the siltation 

10 or erosion, or both, are the result of a Federal flood control 

11 project, the Secretary shall carry out a project to mitigate 

12 the siltation or erosion, or both. 

13 SEC. 5039. WHITE RIVER BASIN, ARKANSAS. 

14 (a) MINIMUM FLOWS.—

15 (1) IN GENERAL.—In carrying out section 304 of 

16 the Water Resources Development Act of 2000 (114 

17 Stat. 2601), the Secretary shall implement alter18 natives BS–3 and NF–7, as described in the White 

19 River Minimum Flows Reallocation Study Report, 

20 Arkansas and Missouri, dated July 2004. 

21 (2) COST SHARING.—Reallocation of storage and 

22 installation of facilities under this subsection shall be 

23 considered fish and wildlife enhancement that pro24 vides national benefits and shall be a Federal expense 

25 in accordance with section 906(e)(1) of the Water Re-
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1 sources Development Act of 1986 (33 U.S.C. 

2 2283(e)(1)). 

3 (3) OFFSET.—In carrying out this subsection, 

4 losses to hydropower shall be offset by a reduction, not 

5 to exceed $17,000,000, in the costs allocated to hydro6 power, as determined by the present value of the esti7 mated replacement cost of the electrical energy and 

8 capacity at the time of the implementation. 

9 (b) FISH HATCHERY.—In operating the fish hatchery 

10 at Beaver Lake, Arkansas, authorized by section 105 of the 

11 Water Resources Development Act of 1976 (90 Stat. 2921), 

12 losses to hydropower shall be offset by a reduction, not to 

13 exceed $2,200,000, in the costs allocated to hydropower, as 

14 determined by the present value of the estimated replace15 ment cost of the electrical energy and capacity at the time 

16 of the implementation. 

17 (c) REPEAL.—Section 374 of the Water Resources De18 velopment Act of 1999 (113 Stat. 321) is repealed. 

19 SEC. 5040. CAMBRIA, CALIFORNIA. 

20 Section 219(f)(48) of the Water Resources Development 

21 Act of 1992 (114 Stat. 2763A–220) is amended—

22 (1) by striking ‘‘$10,300,000’’ and inserting the 

23 following: 

24 ‘‘(A) IN GENERAL.—$10,300,000’’; 

25 (2) by adding at the end the following: 
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1 ‘‘(B) CREDIT.—The Secretary shall credit 

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

3 project not to exceed $3,000,000 for the cost of 

4 planning and design work carried out by the 

5 non-Federal interest before the date of the part6 nership agreement for the project if the Secretary 

7 determines that the work is integral to the 

8 project.’’; and 

9 (3) by aligning the remainder of the text of sub10 paragraph (A) (as designated by paragraph (1) of 

11 this section) with subparagraph (B) (as added by 

12 paragraph (2) of this section). 

13 SEC. 5041. CONTRA COSTA CANAL, OAKLEY AND 

14 KNIGHTSEN, CALIFORNIA; MALLARD SLOUGH, 

15 PITTSBURG, CALIFORNIA. 

16 Sections 512 and 514 of the Water Resources Develop17 ment Act of 2000 (114 Stat. 2650) are each amended by 

18 adding at the end the following: ‘‘All planning, study, de19 sign, and construction on the project shall be carried out 

20 by the office of the district engineer, San Francisco, Cali21 fornia.’’. 

22 SEC. 5042. DANA POINT HARBOR, CALIFORNIA. 

23 The Secretary shall conduct a study of the causes of 

24 water quality degradation within Dana Point Harbor, 

25 California, to determine if the degradation is the result of 
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1 a Federal navigation project, and, if the Secretary deter2 mines that the degradation is the result of a Federal naviga3 tion project, the Secretary shall carry out a project to miti4 gate the degradation at Federal expense. 

5 SEC. 5043. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

6 Section 219(f)(22) of the Water Resources Development 

7 Act of 1992 (113 Stat. 336) is amended—

8 (1) by striking ‘‘$25,000,000’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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

12 ‘‘(B) CREDIT.—The Secretary shall credit 

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

14 project (i) the cost of design and construction 

15 work carried out by the non-Federal interest be16 fore, on, or after the date of the partnership 

17 agreement for the project if the Secretary deter18 mines that the work is integral to the project; 

19 and (ii) the cost of provided for the project by 

20 the non-Federal interest. 

21 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non22 Federal interest may provide any portion of the 

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

24 form of in-kind services and materials.’’; and 
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1 (3) by aligning the remainder of the text of sub2 paragraph (A) (as designated by paragraph (1) of 

3 this section) with subparagraph (B) (as added by 

4 paragraph (2) of this section). 

5 SEC. 5044. EASTERN SANTA CLARA BASIN, CALIFORNIA. 

6 Section 111(c) of the Miscellaneous Appropriations 

7 Act, 2001 (as enacted into law by Public Law 106–554; 

8 114 Stat. 2763A-224) is amended—

9 (1) by striking ‘‘$25,000,000’’ and inserting 

10 ‘‘$28,000,000’’; and 

11 (2) by striking ‘‘$7,000,000’’ and inserting 

12 ‘‘$10,000,000’’. 

13 SEC. 5045. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 

14 (a) IN GENERAL.—The Secretary shall review the 

15 Kings River Fisheries Management Program Framework 

16 Agreement, dated May 29, 1999, among the California De17 partment of Fish and Game, the Kings River Water Asso18 ciation, and the Kings River Conservation District and, if 

19 the Secretary determines that the management program is 

20 feasible, the Secretary may participate in the management 

21 program. 

22 (b) PROHIBITION.—Nothing in this section authorizes 

23 any project for the raising of, or the construction of, a 

24 multilevel intake structure at Pine Flat Dam, California. 
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1 (c) USE OF EXISTING STUDIES.—In carrying out this 

2 section, the Secretary shall use, to the maximum extent 

3 practicable, studies in existence on the date of enactment 

4 of this Act, including data and environmental documenta5 tion in the Report of the Chief of Engineers, Pine Flat Dam 

6 and Reservoir, Fresno County, California, dated July 19, 

7 2002. 

8 (d) CREDIT.—The Secretary shall credit toward the 

9 non-Federal share of the cost of the project the cost of plan10 ning, design, and construction work carried out by the non11 Federal interest before the date of the partnership agreement 

12 for the project if the Secretary determines that the work is 

13 integral to the project. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to $20,000,000 to carry out 

16 this section. 

17 SEC. 5046. SACRAMENTO DEEP WATER SHIP CHANNEL, 

18 CALIFORNIA. 

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

20 transfer title to the Bascule Bridge, deauthorized by section 

21 347(a)(2) of the Water Resources Development Act of 2000 

22 (114. Stat. 2618), to the city of West Sacramento, Cali23 fornia, subject to the execution of an agreement by the Sec24 retary and the city which specifies the terms and conditions 

25 for such transfer. The terms and conditions of the transfer 
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1 shall include a provision authorizing the Secretary to par2 ticipate in the construction of a replacement bridge fol3 lowing the removal of the Bascule Bridge. 

4 (b) AUTHORIZATION OF APPROPRIATION.—There is 

5 authorized to be appropriated $5,000,000 for the Secretary 

6 to participate in the construction of a replacement bridge 

7 under this section. 

8 SEC. 5047. SAN FRANCISCO, CALIFORNIA. 

9 (a) IN GENERAL.—The Secretary, in cooperation with 

10 the Port of San Francisco, California, may carry out the 

11 project for repair and removal, as appropriate, of Piers 35, 

12 36, and 80 in San Francisco, California, substantially in 

13 accordance with the Port’s redevelopment plan. 

14 (1) AUTHORIZATION OF APPROPRIATION.—There is 

15 authorized to be appropriated $20,000,000 to carry out this 

16 subsection. 

17 SEC. 5048. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

18 AREA. 

19 (a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC

20 INTEREST.—Unless the Secretary finds, after consultation 

21 with local and regional public officials (including local and 

22 regional public planning organizations), that the proposed 

23 projects to be undertaken within the boundaries of the por24 tion of the San Francisco, California, waterfront area de25 scribed in subsection (b) are not in the public interest, such 
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1 portion is declared to be nonnavigable waters of the United 

2 States. 

3 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

4 STREET.—The portion of the San Francisco, California, 

5 waterfront area referred to in subsection (a) is as follows: 

6 Beginning at the intersection of the northeasterly prolonga7 tion of that portion of the northwesterly line of Bryant 

8 Street lying between Beale Street and Main Street with the 

9 southwesterly line of Spear Street, which intersection lies 

10 on the line of jurisdiction of the San Francisco Port Com11 mission; following thence southerly along said line of juris12 diction as described in the State of California Harbor and 

13 Navigation Code Section 1770, as amended in 1961, to its 

14 intersection with the easterly line of Townsend Street along 

15 a line that is parallel and distant 10 feet distant from the 

16 existing southern boundary of Pier 40 produced to its point 

17 of intersection with the United States Government pier18 head line; thence northerly along said pier-head line to its 

19 intersection with a line parallel with, and distant 10 feet 

20 easterly from, the existing easterly boundary line of Pier 

21 30–32; thence northerly along said parallel line and its 

22 northerly prolongation, to a point of intersection with a 

23 line parallel with, and distant 10 feet northerly from, the 

24 existing northerly boundary of Pier 30–32, thence westerly 

25 along last said parallel line to its intersection with the 
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1 United States Government pier-head line; to the northwest2 erly line of Bryant Street produced northwesterly; thence 

3 southwesterly along said northwesterly line of Bryant Street 

4 produced to the point of beginning. 

5 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

6 declaration of nonnavigability under subsection (a) applies 

7 only to those parts of the area described in subsection (b) 

8 that are or will be bulkheaded, filled, or otherwise occupied 

9 by permanent structures and does not affect the applica10 bility of any Federal statute or regulation applicable to 

11 such parts the day before the date of enactment of this Act, 

12 including sections 9 and 10 of the Act of March 3, 1899 

13 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly known 

14 as the Rivers and Harbors Appropriation Act of 1899, sec15 tion 404 of the Federal Water Pollution Control Act (33 

16 U.S.C. 1344), and the National Environmental Policy Act 

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

18 (d) EXPIRATION DATE.—If, 20 years from the date of 

19 enactment of this Act, any area or part thereof described 

20 in subsection (b) is not bulkheaded or filled or occupied by 

21 permanent structures, including marina facilities, in ac22 cordance with the requirements set out in subsection (c), 

23 or if work in connection with any activity permitted in 

24 subsection (c) is not commenced within 5 years after 
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1 issuance of such permits, then the declaration of nonnaviga2 bility for such area or part thereof shall expire. 

3 SEC. 5049. SANTA VENETIA, CALIFORNIA. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 project for flood damage reduction under section 205 of the 

6 Flood Control Act of 1958 (33 U.S.C. 701s), Santa Venetia, 

7 California, if the Secretary determines that the project is 

8 feasible. 

9 (b) PROJECT FINANCING.—In carrying out the project 

10 under this section, the Secretary shall allow the non-Federal 

11 interests to participate in the financing of the project in 

12 accordance with section 903(c) of the Water Resources De13 velopment Act of 1986 (100 Stat. 4184), to the extent that 

14 the Secretary’s evaluation indicates that applying such sec15 tion is necessary to implement the project. 

16 SEC. 5050. STOCKTON, CALIFORNIA. 

17 (a) REEVALUATION.—The Secretary shall reevaluate 

18 the feasibility of the Lower Mosher Slough element and the 

19 levee extensions on the Upper Calaveras River element of 

20 the project for flood control, Stockton Metropolitan Area, 

21 California, carried out under section 211(f)(3) of the Water 

22 Resources Development Act of 1996 (110 Stat. 3683), to de23 termine the eligibility of such elements for reimbursement 

24 under section 211 of such Act (33 U.S.C. 701b–13). 
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1 (b) SPECIAL RULES FOR REEVALUATION.—In con2 ducting the reevaluation under subsection (a), the Secretary 

3 shall not reject a feasibility determination based on one or 

4 more of the policies of the Corps of Engineers concerning 

5 the frequency of flooding, the drainage area, and the 

6 amount of runoff. 

7 (c) REIMBURSEMENT.—If the Secretary determines 

8 that the elements referred to subsection (a) are feasible, the 

9 Secretary shall reimburse, subject to appropriations, the 

10 non-Federal interest under section 211 of the Water Re11 sources Development Act of 1996 for the Federal share of 

12 the cost of such elements. 

13 SEC. 5051. VICTOR V. VEYSEY DAM, CALIFORNIA. 

14 (a) DESIGNATION.—The Prado Dam, authorized by the 

15 Flood Control Act of 1936 (49 Stat. 1570), shall be known 

16 and designated as the ‘‘Victor V. Veysey Dam’’. 

17 (b) REFERENCES.—Any reference in a law, map, regu18 lation, document, paper, or other record of the United 

19 States to the dam referred to in subsection (a) shall be 

20 deemed to be a reference to the ‘‘Victor V. Veysey Dam’’. 

21 SEC. 5052. WHITTIER, CALIFORNIA. 

22 The Secretary shall carry out a project for flood dam23 age reduction under section 205 of the Flood Control Act 

24 of 1948 (33 U.S.C. 701s) in the vicinity of Whittier, Cali-
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1 fornia, if the Secretary determines that the project is fea2 sible. 

3 SEC. 5053. CHARLES HERVEY TOWNSHEND BREAKWATER, 

4 NEW HAVEN HARBOR, CONNECTICUT. 

5 (a) DESIGNATION.—The western breakwater for the 

6 project for navigation, New Haven Harbor, Connecticut, 

7 authorized by the first section of the Act of September 19, 

8 1890 (26 Stat. 426), shall be known and designated as the 

9 ‘‘Charles Hervey Townshend Breakwater’’. 

10 (b) REFERENCES.—Any reference in a law, map, regu11 lation, document, paper, or other record of the United 

12 States to the breakwater referred to in subsection (a) shall 

13 be deemed to be a reference to the ‘‘Charles Hervey 

14 Townshend Breakwater’’. 

15 SEC. 5054. CHRISTINA RIVER SHIPWRECK, DELAWARE. 

16 The Secretary may carry out the removal of the debris 

17 associated with the steamship ‘‘STATE OF PENNSYL18 VANIA’’ and other derelict vessels from the Christina River, 

19 Delaware, under section 202 of the Water Resources Devel20 opment Act of 1976 (90 Stat. 2945). 

21 SEC. 5055. ANACOSTIA RIVER, DISTRICT OF COLUMBIA, 

22 MARYLAND, AND VIRGINIA. 

23 (a) COMPREHENSIVE ACTION PLAN.—Not later than 

24 1 year after the date of enactment of this Act, the Secretary, 

25 in coordination with the Mayor of the District of Columbia, 
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1 the Governor of Maryland, the Governor of Virginia, the 

2 County Executives of Montgomery County and Prince 

3 George’s County, Maryland, and other interested persons, 

4 shall develop a 10-year comprehensive action plan for the 

5 restoration and protection of the ecological integrity of the 

6 Anacostia River and its tributaries. 

7 (b) PUBLIC AVAILABILITY.—Upon completion of the 

8 plan, the Secretary shall make the plan available to the 

9 public. 

10 SEC. 5056. FLORIDA KEYS WATER QUALITY IMPROVEMENTS. 

11 Section 109(e)(2) of the Miscellaneous Appropriations 

12 Act, 2001 (enacted into law by Public Law 106–554) (114 

13 Stat. 2763A–222) is amended by adding at the end the fol14 lowing: 

15 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU16 TION OF THE PARTNERSHIP AGREEMENT.—The 

17 Secretary shall credit toward the non-Federal 

18 share of the cost of the project (i) the cost of con19 struction work carried out by the non-Federal 

20 interest before the date of the partnership agree21 ment for the project if the Secretary determines 

22 that the work is integral to the project; and (ii) 

23 the cost of land acquisition carried out by the 

24 non-Federal interest for projects to be carried out 

25 under this section.’’. 
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1 SEC. 5057. LAKE WORTH, FLORIDA. 

2 The Secretary may carry out necessary repairs for the 

3 Lake Worth bulkhead replacement project, West Palm 

4 Beach, Florida, at an estimated total cost of $9,000,000. 

5 SEC. 5058. LAKE LANIER, GEORGIA. 

6 The Secretary may assist local interests with plan7 ning, design, and construction of facilities at the Lake La8 nier Olympic Center, Georgia, at a total cost of $5,300,000. 

9 SEC. 5059. RILEY CREEK RECREATION AREA, IDAHO. 

10 The Secretary is authorized to carry out the Riley 

11 Creek Recreation Area Operation Plan of the Albeni Falls 

12 Management Plan, dated October 2001, for the Riley Creek 

13 Recreation Area, Albeni Falls Dam, Bonner County, Idaho. 

14 SEC. 5060. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC15 TION PROJECTS. 

16 (a) IN GENERAL.—The Secretary may participate in 

17 the reconstruction of an eligible flood control project if the 

18 Secretary determines that such reconstruction is not re19 quired as a result of improper operation and maintenance 

20 of the project by the non-Federal interest. 

21 (b) COST SHARING.—The non-Federal share of the 

22 costs for the reconstruction of a flood control project author23 ized by this section shall be the same non-Federal share that 

24 was applicable to construction of the project. The non-Fed25 eral interest shall be responsible for operation and mainte-
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1 nance and repair of a project for which reconstruction is 

2 undertaken under this section. 

3 (c) RECONSTRUCTION DEFINED.—In this section, the 

4 term ‘‘reconstruction’’, as used with respect to a project, 

5 means addressing major project deficiencies caused by long6 term degradation of the foundation, construction materials, 

7 or engineering systems or components of the project, the re8 sults of which render the project at risk of not performing 

9 in compliance with its authorized project purposes. In ad10 dressing such deficiencies, the Secretary may incorporate 

11 current design standards and efficiency improvements, in12 cluding the replacement of obsolete mechanical and elec13 trical components at pumping stations, if such incorpora14 tion does not significantly change the scope, function, and 

15 purpose of the project as authorized. 

16 (d) ELIGIBLE PROJECTS.—The following flood control 

17 projects are eligible for reconstruction under this section: 

18 (1) Clear Creek Drainage and Levee District, Il19 linois. 

20 (2) Fort Chartres and Ivy Landing Drainage 

21 District, Illinois. 

22 (3) Wood River Drainage and Levee District, Il23 linois. 

24 (4) Cairo, Illinois Mainline Levee, Cairo, Illi25 nois. 
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1 (5) Goose Pond Pump Station, Cairo, Illinois. 

2 (6) Cottonwood Slough Pump Station, Alexander 

3 County, Illinois. 

4 (7) 10th and 28th Street Pump Stations, Cairo, 

5 Illinois. 

6 (8) Flood control levee projects in Brookport, 

7 Shawneetown, Old Shawneetown, Golconda, 

8 Rosiclare, Harrisburg, and Reevesville, Illinois. 

9 (e) JUSTIFICATION.—The reconstruction of a project 

10 authorized by this section shall not be considered a sepa11 rable element of the project. 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated—

14 (1) $15,000,000 to carry out the projects de15 scribed in paragraphs (1) through (7) of subsection 

16 (d); and 

17 (2) $15,000,000 to carry out the projects de18 scribed in subsection (d)(8). 

19 Such sums shall remain available until expended. 

20 SEC. 5061. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA21 TION. 

22 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec23 tion, the term ‘‘Kaskaskia River Basin’’ means the 

24 Kaskaskia River, Illinois, its backwaters, its side channels, 
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1 and all tributaries, including their watersheds, draining 

2 into the Kaskaskia River. 

3 (b) COMPREHENSIVE PLAN.—

4 (1) DEVELOPMENT.—The Secretary shall de5 velop, as expeditiously as practicable, a comprehen6 sive plan for the purpose of restoring, preserving, and 

7 protecting the Kaskaskia River Basin. 

8 (2) TECHNOLOGIES AND INNOVATIVE AP9 PROACHES.—The comprehensive plan shall provide 

10 for the development of new technologies and innova11 tive approaches—

12 (A) to enhance the Kaskaskia River as a 

13 transportation corridor; 

14 (B) to improve water quality within the en15 tire Kaskaskia River Basin; 

16 (C) to restore, enhance, and preserve habitat 

17 for plants and wildlife; 

18 (D) to increase economic opportunity for 

19 agriculture and business communities; and 

20 (E) to reduce the impacts of flooding to 

21 communities and landowners. 

22 (3) SPECIFIC COMPONENTS.—The comprehensive 

23 plan shall include such features as are necessary to 

24 provide for—
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1 (A) the development and implementation of 

2 a program for sediment removal technology, sedi3 ment characterization, sediment transport, and 

4 beneficial uses of sediment; 

5 (B) the development and implementation of 

6 a program for the planning, conservation, eval7 uation, and construction of measures for fish and 

8 wildlife habitat conservation and rehabilitation, 

9 and stabilization and enhancement of land and 

10 water resources in the basin; 

11 (C) the development and implementation of 

12 a long-term resource monitoring program; 

13 (D) the development and implementation of 

14 a computerized inventory and analysis system; 

15 and 

16 (E) the development and implementation of 

17 a systemic plan to reduce flood impacts by 

18 means of ecosystem restoration projects. 

19 (4) CONSULTATION.—The comprehensive plan 

20 shall be developed by the Secretary in consultation 

21 with appropriate Federal agencies, the State of Illi22 nois, and the Kaskaskia River Coordinating Council. 

23 (5) REPORT TO CONGRESS.—Not later than 2 

24 years after the date of enactment of this Act, the Sec-
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1 retary shall transmit to Congress a report containing 

2 the comprehensive plan. 

3 (6) ADDITIONAL STUDIES AND ANALYSES.—After 

4 transmission of a report under paragraph (5), the 

5 Secretary shall conduct studies and analyses of 

6 projects related to the comprehensive plan that are 

7 appropriate and consistent with this subsection. 

8 (c) GENERAL PROVISIONS.—

9 (1) WATER QUALITY.—In carrying out activities 

10 under this section, the Secretary’s recommendations 

11 shall be consistent with applicable State water quality 

12 standards. 

13 (2) PUBLIC PARTICIPATION.—In developing the 

14 comprehensive plan under subsection (b), the Sec15 retary shall implement procedures to facilitate public 

16 participation, including providing advance notice of 

17 meetings, providing adequate opportunity for public 

18 input and comment, maintaining appropriate 

19 records, and making a record of the proceedings of 

20 meetings available for public inspection. 

21 (d) COORDINATION.—The Secretary shall integrate ac22 tivities carried out under this section with ongoing Federal 

23 and State programs, projects, and activities, including the 

24 following: 
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1 (1) Farm programs of the Department of Agri2 culture. 

3 (2) Conservation Reserve Enhancement Program 

4 (State of Illinois) and Conservation 2000 Ecosystem 

5 Program of the Illinois Department of Natural Re6 sources. 

7 (3) Conservation 2000 Conservation Practices 

8 Program and the Livestock Management Facilities 

9 Act administered by the Illinois Department of Agri10 culture. 

11 (4) National Buffer Initiative of the Natural Re12 sources Conservation Service. 

13 (5) Nonpoint source grant program administered 

14 by the Illinois Environmental Protection Agency. 

15 (e) COST SHARING.—

16 (1) IN GENERAL.—The non-Federal share of the 

17 cost of activities carried out under this section shall 

18 be 35 percent. 

19 (2) IN-KIND SERVICES.—The Secretary may 

20 credit the cost of in-kind services provided by the non21 Federal interest for an activity carried out under this 

22 section toward not more than 80 percent of the non23 Federal share of the cost of the activity. In-kind serv24 ices shall include all State funds expended on pro25 grams that accomplish the goals of this section, as de-
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1 termined by the Secretary. The programs may include 

2 the Kaskaskia River Conservation Reserve Program, 

3 the Illinois Conservation 2000 Program, the Open 

4 Lands Trust Fund, and other appropriate programs 

5 carried out in the Kaskaskia River Basin. 

6 SEC. 5062. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, 

7 CHICAGO, ILLINOIS. 

8 (a) IN GENERAL.—The Secretary shall provide assist9 ance for a project to develop maps identifying 100- and 

10 500-year flood inundation areas along the Little Calumet 

11 River, Chicago, Illinois. 

12 (b) REQUIREMENTS.—Maps developed under the 

13 project shall include hydrologic and hydraulic information 

14 and shall accurately show the flood inundation of each 

15 property by flood risk in the floodplain. The maps shall 

16 be produced in a high resolution format and shall be made 

17 available to all flood prone areas along the Little Calumet 

18 River, Chicago, Illinois, in an electronic format. 

19 (c) PARTICIPATION OF FEMA.—The Secretary and the 

20 non-Federal interests for the project shall work with the Di21 rector of the Federal Emergency Management Agency to en22 sure the validity of the maps developed under the project 

23 for flood insurance purposes. 

24 (d) FORMS OF ASSISTANCE.—In carrying out the 

25 project, the Secretary may enter into contracts or coopera-
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1 tive agreements with the non-Federal interests or provide 

2 reimbursements of project costs. 

3 (e) FEDERAL SHARE.—The Federal share of the cost 

4 of the project shall be 50 percent. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $2,000,000. 

8 SEC. 5063. NATALIE CREEK, MIDLOTHIAN AND OAK FOREST, 

9 ILLINOIS. 

10 The Secretary shall carry out a project for flood dam11 age reduction under section 205 of the Flood Control Act 

12 of 1948 (33 U.S.C. 701s), Natalie Creek, Midlothian and 

13 Oak Forest, Illinois, if the Secretary determines that the 

14 project is feasible. 

15 SEC. 5064. ILLINOIS RIVER BASIN RESTORATION. 

16 (a) EXTENSION OF AUTHORIZATION.—Section 

17 519(c)(2) of the Water Resources Development Act of 2000 

18 (114 Stat. 2654) is amended by striking ‘‘2004’’ and insert19 ing ‘‘2010’’. 

20 (b) IN-KIND SERVICES.—Section 519(g)(3) of such Act 

21 (114 Stat. 2655) is amended by inserting before the period 

22 at the end of the first sentence ‘‘if such services are provided 

23 not more than 5 years before the date of initiation of the 

24 project or activity’’. 
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1 (c) NONPROFIT ENTITIES AND MONITORING.—Section 

2 519 of such Act (114 Stat. 2654) is amended by adding 

3 at the end the following: 

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

5 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

6 5b(b)), a non-Federal interest may include a nonprofit enti7 ty with the consent of the affected local government. 

8 ‘‘(i) MONITORING.—The Secretary shall develop an Il9 linois river basin monitoring program to support the plan 

10 referred to in subsection (b). Data collected under the moni11 toring program shall incorporate data provided by the 

12 State of Illinois and shall be publicly accessible through 

13 electronic means.’’. 

14 SEC. 5065. PROMONTORY POINT, LAKE MICHIGAN, ILLINOIS. 

15 In carrying out the project for storm damage reduction 

16 and shoreline erosion protection, Lake Michigan, authorized 

17 by section 101(a)(12) of the Water Resources Development 

18 Act of 1996 (110 Stat. 3664), the Secretary shall reevaluate 

19 the feasibility of reconstructing the Promontory Point sec20 tion consistent with the original limestone step design. 

21 SEC. 5066. BURNS WATERWAY HARBOR, INDIANA. 

22 The Secretary shall conduct a study of shoaling in the 

23 vicinity of Burns Waterway Harbor, Indiana, to determine 

24 if the shoaling is the result of a Federal navigation project, 

25 and, if the Secretary determines that the shoaling is the 
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1 result of a Federal navigation project, the Secretary shall 

2 carry out a project to mitigate the shoaling under section 

3 111 of the River and Harbor Act of 1968 (33 U.S.C. 426). 

4 SEC. 5067. CALUMET REGION, INDIANA. 

5 Section 219(f)(12) of the Water Resources Development 

6 Act of 1992 (113 Stat. 335; 117 Stat. 1843) is amended—

7 (1) by striking ‘‘$30,000,000’’ and inserting the 

8 following: 

9 ‘‘(A) IN GENERAL.—$30,000,000’’; 

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

11 ‘‘(B) CREDIT.—The Secretary shall credit 

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

13 project the cost of planning and design work car14 ried out by the non-Federal interest before, on, or 

15 after the date of the partnership agreement for 

16 the project if the Secretary determines that the 

17 work is integral to the project.’’; and 

18 (3) by aligning the remainder of the text of sub19 paragraph (A) (as designated by paragraph (1) of 

20 this section) with subparagraph (B) (as added by 

21 paragraph (2) of this section). 

22 SEC. 5068. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA. 

23 (a) IN GENERAL.—The Secretary shall provide assist24 ance for a project to develop maps identifying 100- and 
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1 500-year flood inundation areas in the State of Iowa, along 

2 the Missouri River. 

3 (b) REQUIREMENTS.—Maps developed under the 

4 project shall include hydrologic and hydraulic information 

5 and shall accurately portray the flood hazard areas in the 

6 floodplain. The maps shall be produced in a high resolution 

7 format and shall be made available to the State of Iowa 

8 in an electronic format. 

9 (c) PARTICIPATION OF FEMA.—The Secretary and the 

10 non-Federal interests for the project shall work with the Di11 rector of the Federal Emergency Management Agency to en12 sure the validity of the maps developed under the project 

13 for flood insurance purposes. 

14 (d) FORMS OF ASSISTANCE.—In carrying out the 

15 project, the Secretary may enter into contracts or coopera16 tive agreements with the non-Federal interests or provide 

17 reimbursements of project costs. 

18 (e) FEDERAL SHARE.—The Federal share of the cost 

19 of the project shall be 50 percent. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $3,000,000. 

23 SEC. 5069. RATHBUN LAKE, IOWA. 

24 (a) CONVEYANCE.—The Secretary shall convey the re25 maining water supply storage allocation in Rathbun Lake, 
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1 Iowa, to the Rathbun Regional Water Association (in this 

2 section referred to as the ‘‘Water Association’’). 

3 (b) COST SHARING.—Notwithstanding the Water Sup4 ply Act of 1958 (43 U.S.C. 390b), the Water Association 

5 shall pay 100 percent of the cost of the water supply storage 

6 allocation to be conveyed under subsection (a). The Sec7 retary shall credit toward such non-Federal share the cost 

8 of any structures and facilities constructed by the Water 

9 Association at the project. 

10 (c) TERMS AND CONDITIONS.—Before conveying the 

11 water supply storage allocation under subsection (a), the 

12 Secretary shall enter into an agreement with the Water As13 sociation, under which the Water Association shall agree 

14 to—

15 (1) in accordance with designs approved by the 

16 Chief of Engineers, construct structures and facilities 

17 referred to in subsection (b) that have a value equal 

18 to or greater than the amount that otherwise would 

19 be paid to the Federal Government for the costs of the 

20 water supply storage under the Water Supply Act of 

21 1958 (43 U.S.C. 390b); 

22 (2) be responsible for operating and maintaining 

23 the structures and facilities; 

24 (3) pay all operation and maintenance costs al25 located to the water supply storage space; 
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1 (4) use any revenues generated at the structures 

2 and facilities that are above those required to operate 

3 and maintain or improve the complex to undertake, 

4 subject to the approval of the Chief of Engineers, ac5 tivities that will improve the quality of the environ6 ment in the Rathbun Lake watershed area; and 

7 (5) such other terms and conditions as the Sec8 retary considers necessary to protect the interests of 

9 the United States. 

10 SEC. 5070. CUMBERLAND RIVER BASIN, KENTUCKY. 

11 At reservoirs managed by the Secretary above Cum12 berland River mile 385.5 within the Cumberland River 

13 basin, Kentucky, the Secretary shall charge fees associated 

14 with storage and maintenance of water supply that do not 

15 exceed the fees in effect on October 1, 2002. 

16 SEC. 5071. LOUISVILLE, KENTUCKY. 

17 (a) IN GENERAL.—Section 557 of the Water Resources 

18 Development Act of 1999 (113 Stat. 353) is amended—

19 (1) in the section heading by inserting ‘‘KEN20 TUCKY AND’’ before ‘‘NORTHERN WEST VIR21 GINIA’’; and 

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

23 ‘‘(4) LOUISVILLE, KENTUCKY.—Report of the 

24 Corps of Engineers entitled ‘Louisville Waterfront 

25 Park, Phase II, Kentucky, Master Plan’, dated July 
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1 22, 2002, at a total cost of $32,000,000, with an esti2 mated Federal cost of $16,000,000 and an estimated 

3 non-Federal cost of $16,000,000.’’. 

4 (b) CONFORMING AMENDMENT.—In the table of con5 tents contained in section 1(b) of such Act strike the item 

6 relating to section 557 and insert the following:

‘‘Sec. 557. Kentucky and Northern West Virginia.’’.

7 SEC. 5072. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY. 

8 The Secretary shall conduct a study of flood damage 

9 along Mayfield Creek and tributaries between Wickliffe and 

10 Mayfield, Kentucky, to determine if the damage is the result 

11 of a Federal flood damage reduction project, and, if the Sec12 retary determines that the damage is the result of a Federal 

13 flood damage reduction project, the Secretary shall carry 

14 out a project to mitigate the damage at Federal expense. 

15 SEC. 5073. NORTH FORK, KENTUCKY RIVER, BREATHITT 

16 COUNTY, KENTUCKY. 

17 The Secretary shall rebuild the structure that is imped18 ing high water flows on the North Fork of the Kentucky 

19 River in Breathitt County, Kentucky, in a manner that 

20 will reduce flood damages at an estimated total cost of 

21 $1,800,000. The non-Federal interest shall provide lands, 

22 easements, rights-of-way, relocations, and disposal areas re23 quired for the project. Operation and maintenance of the 

24 rebuilt structure shall be a non-Federal expense. 
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1 SEC. 5074. PADUCAH, KENTUCKY. 

2 The Secretary shall complete a feasibility report for 

3 rehabilitation of the project for flood damage reduction, Pa4 ducah, Kentucky, and, if the Secretary determines that the 

5 project is feasible, the Secretary shall carry out the project 

6 at a total cost of $3,000,000. 

7 SEC. 5075. SOUTHERN AND EASTERN KENTUCKY. 

8 Section 531 of the Water Resources Development Act 

9 of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) is 

10 amended by adding the following: 

11 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

12 of the amounts appropriated to carry out this section may 

13 be used by the Corps of Engineers district offices to admin14 ister projects under this section at 100 percent Federal ex15 pense.’’. 

16 SEC. 5076. WINCHESTER, KENTUCKY. 

17 Section 219(c) of the Water Resources Development Act 

18 of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is amended 

19 by adding at the end the following: 

20 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 

21 infrastructure, Winchester, Kentucky.’’. 

22 SEC. 5077. BATON ROUGE, LOUISIANA. 

23 Section 219(f)(21) of the Water Resources Development 

24 Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) is 

25 amended by striking ‘‘$20,000,000’’ and inserting 

26 ‘‘$35,000,000’’. 
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1 SEC. 5078. CALCASIEU SHIP CHANNEL, LOUISIANA. 

2 The Secretary shall expedite completion of a dredged 

3 material management plan for the Calcasieu Ship Channel, 

4 Louisiana, and may take interim measures to increase the 

5 capacity of existing disposal areas, or to construct new con6 fined or beneficial use disposal areas, for the channel. 

7 SEC. 5079. CROSS LAKE, SHREVEPORT, LOUISIANA. 

8 The Secretary may accept from the Department of the 

9 Air Force, and may use, not to exceed $4,500,000 to assist 

10 the city of Shreveport, Louisiana, with its plan to construct 

11 a water intake facility. 

12 SEC. 5080. WEST BATON ROUGE PARISH, LOUISIANA. 

13 Section 517(5) of the Water Resources Development 

14 Act of 1999 (113 Stat. 345) is amended to read as follows: 

15 ‘‘(5) Mississippi River, West Baton Rouge Par16 ish, Louisiana, project for waterfront and riverine 

17 preservation, restoration, enhancement modifications, 

18 and interpretive center development.’’. 

19 SEC. 5081. CHARLESTOWN, MARYLAND. 

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

21 project for nonstructural flood damage reduction and eco22 system restoration at Charlestown, Maryland. 

23 (b) LAND ACQUISITION.—The flood damage reduction 

24 component of the project may include the acquisition of pri25 vate property from willing sellers. 
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1 (c) JUSTIFICATION.—Any nonstructural flood damage 

2 reduction project to be carried out under this section that 

3 will result in the conversion of property to use for ecosystem 

4 restoration and wildlife habitat shall be justified based on 

5 national ecosystem restoration benefits. 

6 (d) USE OF ACQUIRED PROPERTY.—Property ac7 quired under this section shall be maintained in public 

8 ownership for ecosystem restoration and wildlife habitat. 

9 (e) ABILITY TO PAY.—In determining the appropriate 

10 non-Federal cost share for the project, the Secretary shall 

11 determine the ability of Cecil County, Maryland, to partici12 pate as a cost-sharing non-Federal interest in accordance 

13 with section 103(m) of the Water Resources Development 

14 Act of 1986 (33 U.S.C. 2213(m)). 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $2,000,000 to carry out this 

17 section. 

18 SEC. 5082. DELMARVA CONSERVATION CORRIDOR, MARY19 LAND AND DELAWARE. 

20 (a) ASSISTANCE.—The Secretary may provide tech21 nical assistance to the Secretary of Agriculture for use in 

22 carrying out the Conservation Corridor Demonstration Pro23 gram established under subtitle G of title II of the Farm 

24 Security and Rural Investment Act of 2002 (16 U.S.C. 3801 

25 note; 116 Stat. 275). 
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1 (b) COORDINATION AND INTEGRATION.—In carrying 

2 out water resources projects in Maryland and Delaware on 

3 the Delmarva Peninsula, the Secretary shall coordinate and 

4 integrate those projects, to the maximum extent practicable, 

5 with any activities carried out to implement a conservation 

6 corridor plan approved by the Secretary of Agriculture 

7 under section 2602 of the Farm Security and Rural Invest8 ment Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275). 

9 SEC. 5083. MASSACHUSETTS DREDGED MATERIAL DIS10 POSAL SITES. 

11 The Secretary may cooperate with Massachusetts in 

12 the management and long-term monitoring of aquatic 

13 dredged material disposal sites within the State, and is au14 thorized to accept funds from the State to carry out such 

15 activities. 

16 SEC. 5084. ONTONAGON HARBOR, MICHIGAN. 

17 The Secretary shall conduct a study of shore damage 

18 in the vicinity of the project for navigation, Ontonagon 

19 Harbor, Ontonagon County, Michigan, authorized by sec20 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 

21 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if the 

22 damage is the result of a Federal navigation project, and, 

23 if the Secretary determines that the damage is the result 

24 of a Federal navigation project, the Secretary shall carry 
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1 out a project to mitigate the damage under section 111 of 

2 the River and Harbor Act of 1968 (33 U.S.C. 426i). 

3 SEC. 5085. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI4 GAN. 

5 (a) ECOSYSTEM RESTORATION.—The Secretary shall 

6 carry out feasible aquatic ecosystem restoration projects 

7 identified in the comprehensive management plan for St. 

8 Clair River and Lake St. Clair, Michigan, developed under 

9 section 426 of the Water Resources Development Act of 1999 

10 (113 Stat. 326), at a total Federal cost of not to exceed 

11 $5,000,000. 

12 (b) PLAN.—Section 426(d) of the Water Resources De13 velopment Act of 1999 (113 Stat. 326) is amended by strik14 ing ‘‘$400,000’’ and inserting ‘‘$475,000’’. 

15 SEC. 5086. CROOKSTON, MINNESOTA. 

16 The Secretary shall conduct a study for a project for 

17 emergency streambank protection along the Red Lake River 

18 in Crookston, Minnesota, and, if the Secretary determines 

19 that the project is feasible, the Secretary may carry out the 

20 project under section 14 of the Flood Control Act of 1946 

21 (33 U.S.C. 701r); except that the maximum amount of Fed22 eral funds that may be expended for the project shall be 

23 $6,500,000. 
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1 SEC. 5087. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

2 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of the 

3 Water Resources Development Act of 1992 (114 Stat. 

4 2763A–221) is amended—

5 (1) in the paragraph heading by striking ‘‘TOWN6 SHIP’’ and inserting ‘‘TOWNSHIP AND CROW WING AND

7 MILLE LACS COUNTIES’’; 

8 (2) by striking ‘‘$11,000,000’’ and inserting 

9 ‘‘$17,000,000’’; 

10 (3) by inserting ‘‘, Crow Wing County, Mille 

11 Lacs County,’’ after ‘‘Garrison’’; and 

12 (4) by adding at the end the following: ‘‘Such as13 sistance shall be provided directly to the Garrison14 Kathio-West Mille Lacs Lake Sanitary District, Min15 nesota.’’. 

16 (b) PROCEDURES.—In carrying out the project author17 ized by such section 219(f)(61), the Secretary may use the 

18 cost sharing and contracting procedures available to the 

19 Secretary under section 569 of the Water Resources Devel20 opment Act of 1999 (113 Stat. 368). 

21 SEC. 5088. MINNEAPOLIS, MINNESOTA. 

22 (a) CONVEYANCE.—The Secretary shall convey to the 

23 city of Minneapolis by quitclaim deed and without consid24 eration all right, title, and interest of the United States to 

25 the property known as the War Department (Fort Snelling 

26 Interceptor) Tunnel in Minneapolis, Minnesota. 
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1 (b) APPLICABILITY OF PROPERTY SCREENING PROVI2 SIONS.—Section 2696 of title 10, United States Code, shall 

3 not apply to the conveyance under this section. 

4 SEC. 5089. NORTHEASTERN MINNESOTA. 

5 (a) IN GENERAL.—Section 569 of the Water Resources 

6 Development Act of 1999 (113 Stat. 368) is amended—

7 (1) in subsection (a) by striking ‘‘Benton, 

8 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

9 Wadena,’’; 

10 (2) by striking the last sentence of subsection 

11 (e)(3)(B); 

12 (3) by striking subsection (g) and inserting the 

13 following: 

14 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section 

15 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

16 5b(b)), for any project undertaken under this section, a non17 Federal interest may include a nonprofit entity.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

20 of the amounts appropriated to carry out this section may 

21 be used by the Corps of Engineers district offices to admin22 ister projects under this section at 100 percent Federal ex23 pense.’’. 

24 (b) BIWABIK, MINNESOTA.—The Secretary shall reim25 burse the non-Federal interest for the project for environ-
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1 mental infrastructure, Biwabik, Minnesota, carried out 

2 under section 569 of the Water Resources Development Act 

3 of 1999 (113 Stat. 368), for planning, design, and construc4 tion costs that were incurred by the non-Federal interest 

5 with respect to the project before the date of the partnership 

6 agreement for the project and that were in excess of the non7 Federal share of the cost of the project if the Secretary deter8 mines that the costs are appropriate. 

9 SEC. 5090. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

10 MISSISSIPPI. 

11 In carrying out projects for the protection, restoration, 

12 and creation of aquatic and ecologically related habitats lo13 cated in Harrison, Hancock, and Jackson Counties, Mis14 sissippi, under section 204 of the Water Resources Develop15 ment Act of 1992 (33 U.S.C. 2326), the Secretary shall ac16 cept any portion of the non-Federal share of the cost of the 

17 project in the form of in-kind services and materials. 

18 SEC. 5091. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS. 

19 As a part of the operation and maintenance of the 

20 project for the Mississippi River (Regulating Works), be21 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

22 authorized by the first section of an Act entitled ‘‘Making 

23 appropriations for the construction, repair, and preserva24 tion of certain public works on rivers and harbors, and for 

25 other purposes’’, approved June 25, 1910, the Secretary 
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1 may carry out activities necessary to restore and protect 

2 fish and wildlife habitat in the middle Mississippi River 

3 system. Such activities may include modification of naviga4 tion training structures, modification and creation of side 

5 channels, modification and creation of islands, and studies 

6 and analysis necessary to apply adaptive management 

7 principles in design of future work. 

8 SEC. 5092. ST. LOUIS, MISSOURI. 

9 Section 219(f)(32) of the Water Resources Development 

10 Act of 1992 (113 Stat. 337) is amended by striking 

11 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’. 

12 SEC. 5093. ACID BROOK, POMPTON LAKES, NEW JERSEY. 

13 The Secretary shall carry out a project for flood dam14 age reduction under section 205 of the Flood Control Act 

15 of 1948 (33 U.S.C. 701s), Acid Brook, Pompton Lakes, New 

16 Jersey, if the Secretary determines that the project is fea17 sible. 

18 SEC. 5094. HACKENSACK MEADOWLANDS AREA, NEW JER19 SEY. 

20 Section 324 of the Water Resources Development Act 

21 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘design’’ and inserting 

24 ‘‘planning, design,’’; and 
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1 (B) by striking ‘‘Hackensack Meadowlands 

2 Development’’ and all that follows through ‘‘Plan 

3 for’’ and inserting ‘‘New Jersey Meadowlands 

4 Commission for the development of an environ5 mental improvement program for’’; 

6 (2) in subsection (b)—

7 (A) in the subsection heading by striking 

8 ‘‘REQUIRED’’; 

9 (B) by striking ‘‘shall’’ and inserting 

10 ‘‘may’’; 

11 (C) by striking paragraph (1) and inserting 

12 the following: 

13 ‘‘(1) Restoration and acquisitions of significant 

14 wetlands and aquatic habitat that contribute to the 

15 Meadowlands ecosystem.’’; 

16 (D) in paragraph (2) by inserting ‘‘and 

17 aquatic habitat’’ before the period at the end; 

18 and 

19 (E) by striking paragraph (7) and inserting 

20 the following: 

21 ‘‘(7) Research, development, and implementation 

22 for a water quality improvement program, including 

23 restoration of hydrology and tidal flows and remedi24 ation of hot spots and other sources of contaminants 

25 that degrade existing or planned sites.’’; 
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1 (3) in subsection (c) by inserting before the last 

2 sentence the following: ‘‘The non-Federal sponsor may 

3 also provide in-kind services, not to exceed the non4 Federal share of the total project cost, and may also 

5 receive credit for reasonable cost of design work com6 pleted prior to entering into the partnership agree7 ment with the Secretary for a project to be carried 

8 out under the program developed under subsection 

9 (a).’’; and 

10 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

11 and inserting ‘‘$35,000,000’’. 

12 SEC. 5095. CENTRAL NEW MEXICO, NEW MEXICO. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 593(h) of the Water Resources Development Act of 1999 

15 (113 Stat. 381) is amended by striking ‘‘$25,000,000’’ and 

16 inserting ‘‘$40,000,000’’. 

17 (b) CORPS OF ENGINEERS EXPENSES.—Section 593 of 

18 such Act (113 Stat. 381) is amended by adding at the end 

19 the following: 

20 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

21 of the amounts appropriated to carry out this section may 

22 be used by the Corps of Engineers district offices to admin23 ister projects under this section at 100 percent Federal ex24 pense.’’. 
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1 SEC. 5096. ATLANTIC COAST OF NEW YORK. 

2 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

3 the Water Resources Development Act of 1992 (106 Stat. 

4 4863) is amended—

5 (1) by striking ‘‘processes’’ and inserting ‘‘and 

6 related environmental processes’’; 

7 (2) by inserting after ‘‘Atlantic Coast’’ the fol8 lowing: ‘‘(and associated back bays)’’; 

9 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

10 environmental restoration or conservation measures 

11 for coastal and back bays,’’; and 

12 (4) by adding at the end the following: ‘‘The 

13 plan for collecting data and monitoring information 

14 included in such annual report shall be fully coordi15 nated with and agreed to by appropriate agencies of 

16 the State of New York.’’. 

17 (b) ANNUAL REPORTS.—Section 404(b) of such Act is 

18 amended—

19 (1) by striking ‘‘INITIAL PLAN.—Not later than 

20 12 months after the date of the enactment of this Act, 

21 the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 

22 (2) by striking ‘‘initial plan for data collection 

23 and monitoring’’ and inserting ‘‘annual report of 

24 data collection and monitoring activities’’; and 

25 (3) by striking the last sentence. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 404(c) of such Act (113 Stat. 341) is amended by striking 

3 ‘‘and an additional total of $2,500,000 for fiscal years 

4 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 2000 

5 through 2004, and $7,500,000 for fiscal years beginning 

6 after September 30, 2004,’’. 

7 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 

8 Water Resources Development Act of 1992 (106 Stat. 4863) 

9 is amended by adding at the end the following: 

10 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author11 ized to be appropriated $800,000 for the Secretary to carry 

12 out a project for a tsunami warning system, Atlantic Coast 

13 of New York.’’. 

14 SEC. 5097. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

15 In carrying out section 312 of the Water Resources De16 velopment Act of 1990 (104 Stat. 4639), the Secretary shall 

17 give priority to work in College Point, New York City, New 

18 York. 

19 SEC. 5098. FLUSHING BAY AND CREEK, NEW YORK CITY, 

20 NEW YORK. 

21 The Secretary shall credit toward the non-Federal 

22 share of the cost of the project for ecosystem restoration, 

23 Flushing Bay and Creek, New York City, New York, the 

24 cost of design and construction work carried out by the non25 Federal interest before the date of the partnership agreement 
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1 for the project if the Secretary determines that the work is 

2 integral to the project. 

3 SEC. 5099. HUDSON RIVER, NEW YORK. 

4 The Secretary may participate with the State of New 

5 York, New York City, and the Hudson River Park Trust 

6 in carrying out activities to restore critical marine habitat, 

7 improve safety, and protect and rehabilitate critical infra8 structure. There is authorized to be appropriated 

9 $5,000,000 to carry out this section. 

10 SEC. 5100. MOUNT MORRIS DAM, NEW YORK. 

11 As part of the operation and maintenance of the Mount 

12 Morris Dam, New York, the Secretary may make improve13 ments to the access road for the dam to provide safe access 

14 to a Federal visitor’s center. 

15 SEC. 5101. ONONDAGA LAKE, NEW YORK. 

16 Section 573 of the Water Resources Development Act 

17 of 1999 (113 Stat. 372) is amended—

18 (1) in subsection (f) by striking ‘‘$10,000,000’’ 

19 and inserting ‘‘$30,000,000’’; 

20 (2) by redesignating subsections (f) and (g) as 

21 subsections (g) and (h), respectively; and 

22 (3) by inserting after subsection (e) the following: 

23 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section 

24 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

25 5b(b)), for any project carried out under this section, a non-
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1 Federal interest may include a nonprofit entity, with the 

2 consent of the affected local government.’’. 

3 SEC. 5102. JOHN H. KERR DAM AND RESERVOIR, NORTH 

4 CAROLINA. 

5 The Secretary shall expedite the completion of the cal6 culations necessary to negotiate and execute a revised, per7 manent contract for water supply storage at John H. Kerr 

8 Dam and Reservoir, North Carolina, among the Secretary 

9 and the Kerr Lake Regional Water System and the city of 

10 Henderson, North Carolina. 

11 SEC. 5103. STANLY COUNTY, NORTH CAROLINA. 

12 Section 219(f)(64) of the Water Resources Development 

13 Act of 1992 (114 Stat. 2763A–221) is amended by inserting 

14 ‘‘water and’’ before ‘‘wastewater’’. 

15 SEC. 5104. W. KERR SCOTT DAM AND RESERVOIR, NORTH 

16 CAROLINA. 

17 The Secretary shall remove debris from the joint intake 

18 at the W. Kerr Scott Dam and Reservoir, North Carolina. 

19 SEC. 5105. OHIO. 

20 Section 594 of the Water Resources Development Act 

21 of 1999 (113 Stat. 381) is amended—

22 (1) in subsection (b) by striking ‘‘design and 

23 construction’’ and inserting ‘‘planning, design, and 

24 construction’’; 
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1 (2) in subsection (g) by striking ‘‘$60,000,000’’ 

2 and inserting ‘‘$100,000,000’’; and 

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

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

5 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

6 5(b)), for any project undertaken under this section, a non7 Federal interest may include a nonprofit entity, with the 

8 consent of the affected local government.’’. 

9 SEC. 5106. TOUSSAINT RIVER, OHIO. 

10 (a) IN GENERAL.—The project for navigation, Tous11 saint River, Carroll Township, Ohio, authorized by section 

12 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

13 is modified to authorize the Secretary to enter into an 

14 agreement with the non-Federal interest under which the 

15 Secretary may—

16 (1) acquire, and transfer to the non-Federal in17 terest, a dredge and associated equipment with the ca18 pacity to perform operation and maintenance of the 

19 project; and 

20 (2) provide the non-Federal interest with a 

21 lump-sum payment to cover all future costs of oper22 ation and maintenance of the project. 

23 (b) AGREEMENT.—The Secretary may carry out sub24 section (a)(1) by entering into an agreement with the non25 Federal interest under which the non-Federal interest may 
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1 acquire the dredge and associated equipment directly and 

2 be reimbursed by the Secretary. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $1,800,000 to carry out this 

5 section. Of such funds, $500,000 may be used to carry out 

6 subsection (a)(1). 

7 (d) RELEASE.—Upon the acquisition and transfer of 

8 a dredge and associated equipment under subsection (a)(1), 

9 and the payment of funds under subsection (a)(2), all future 

10 Federal responsibility for operation and maintenance of the 

11 project is extinguished. 

12 SEC. 5107. EUGENE, OREGON. 

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

14 study to determine the feasibility of restoring the millrace 

15 in Eugene, Oregon, and, if the Secretary determines that 

16 the restoration is feasible, the Secretary shall carry out the 

17 restoration. 

18 (b) CONSIDERATION OF NONECONOMIC BENEFITS.—In 

19 determining the feasibility of restoring the millrace, the Sec20 retary shall include noneconomic benefits associated with 

21 the historical significance of the millrace and associated 

22 with preservation and enhancement of resources. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $20,000,000. 
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1 SEC. 5108. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR2 EGON AND WASHINGTON. 

3 (a) IN GENERAL.—The Secretary shall pay not more 

4 than $2,500,000 to the provider of research and curation 

5 support previously provided to the Federal Government as 

6 a result of—

7 (1) the multipurpose project at John Day Lock 

8 and Dam, Lake Umatilla, Oregon and Washington, 

9 authorized by section 101 of the River and Harbor 

10 Act of 1950 (64 Stat. 167); and 

11 (2) the several navigation and flood damage re12 duction projects constructed on the Columbia River 

13 and Lower Willamette River, Oregon and Wash14 ington. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $2,500,000. 

18 SEC. 5109. LOWELL, OREGON. 

19 (a) IN GENERAL.—The Secretary may convey without 

20 consideration to Lowell School District, by quitclaim deed, 

21 all right, title, and interest of the United States in and to 

22 land and buildings thereon, known as Tract A–82, located 

23 in Lowell, Oregon, and described in subsection (b). 

24 (b) DESCRIPTION OF PROPERTY.—The parcel of land 

25 authorized to be conveyed under subsection (a) is as follows: 

26 Commencing at the point of intersection of the west line 
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1 of Pioneer Street with the westerly extension of the north 

2 line of Summit Street, in Meadows Addition to Lowell, as 

3 platted and recorded at page 56 of Volume 4, Lane County 

4 Oregon Plat Records; thence north on the west line of Pio5 neer Street a distance of 176.0 feet to the true point of be6 ginning of this description; thence north on the west line 

7 of Pioneer Street a distance of 170.0 feet; thence west at 

8 right angles to the west line of Pioneer Street a distance 

9 of 250.0 feet; thence south and parallel to the west line of 

10 Pioneer Street a distance of 170.0 feet; thence east 250.0 

11 feet to the true point of beginning of this description in 

12 Section 14, Township 19 South, Range 1 West of the Wil13 lamette Meridian, Lane County, Oregon. 

14 (c) TERMS AND CONDITIONS.—Before conveying the 

15 parcel to the school district, the Secretary shall ensure that 

16 the conditions of buildings and facilities meet the require17 ments of applicable Federal law. 

18 (d) REVERSION.—If the Secretary determines that the 

19 property conveyed under subsection (a) ceases to be held in 

20 public ownership, all right, title, and interest in and to the 

21 property shall revert to the United States, at the option of 

22 the United States. 

23 (e) GENERALLY APPLICABLE PROVISIONS.—

24 (1) APPLICABILITY OF PROPERTY SCREENING

25 PROVISIONS.—Section 2696 of title 10, United States 
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1 Code, shall not apply to any conveyance under this 

2 section. 

3 (2) LIABILITY.—An entity to which a conveyance 

4 is made under this section shall hold the United 

5 States harmless from any liability with respect to ac6 tivities carried out, on or after the date of the convey7 ance, on the real property conveyed. The United 

8 States shall remain responsible for any liability with 

9 respect to activities carried out, before such date, on 

10 the real property conveyed. 

11 SEC. 5110. ALLEGHENY COUNTY, PENNSYLVANIA. 

12 Section 219(f)(66) of the Water Resources Development 

13 Act of 1992 (114 Stat. 2763A–221) is amended—

14 (1) by striking ‘‘$20,000,000’’ and inserting the 

15 following: 

16 ‘‘(A) IN GENERAL.—$20,000,000’’; 

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

18 ‘‘(B) CREDIT.—The Secretary shall credit 

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

20 project the cost of work carried out by the non21 Federal interest before the date of the partnership 

22 agreement for the project if the Secretary deter23 mines that the work is integral to the project.’’; 

24 and 
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1 (3) by aligning the remainder of the text of sub2 paragraph (A) (as designated by paragraph (1) of 

3 this section) with subparagraph (B) (as added by 

4 paragraph (2) of this section). 

5 SEC. 5111. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL6 VANIA. 

7 The Secretary shall use existing water quality data to 

8 model the effects of the Francis E. Walter Dam, at different 

9 water levels, to determine its impact on water and related 

10 resources in and along the Lehigh River in Lehigh County, 

11 Pennsylvania. There is authorized to be appropriated 

12 $500,000 to carry out this section. 

13 SEC. 5112. NORTHEAST PENNSYLVANIA. 

14 Section 219(f)(11) of the Water Resources Development 

15 Act of 1992 (113 Stat. 335) is amended by striking ‘‘and 

16 Monroe’’ and inserting ‘‘Northumberland, Union, Snyder, 

17 and Montour’’. 

18 SEC. 5113. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL19 VANIA AND NEW YORK. 

20 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 

21 567(a) of the Water Resources Development Act of 1996 

22 (110 Stat. 3787; 114 Stat. 2662) is amended—

23 (1) in the matter preceding paragraph (1) by in24 serting ‘‘and carry out’’ after ‘‘develop’’; and 
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1 (2) in paragraph (2) by striking ‘‘$10,000,000.’’ 

2 and inserting ‘‘$20,000,000, of which the Secretary 

3 may utilize not more than $5,000,000 to design and 

4 construct feasible pilot projects during the develop5 ment of the strategy to demonstrate alternative ap6 proaches for the strategy. The total cost for any single 

7 pilot project may not exceed $500,000. The Secretary 

8 shall evaluate the results of the pilot projects and con9 sider the results in the development of the strategy.’’. 

10 (b) COOPERATIVE AGREEMENTS.—Section 567(c) of 

11 such Act (114 Stat. 2662) is amended—

12 (1) in the subsection heading by striking ‘‘CO13 OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 

14 (2) in the first sentence—

15 (A) by inserting ‘‘and carrying out’’ after 

16 ‘‘developing’’; and 

17 (B) by striking ‘‘cooperation’’ and inserting 

18 ‘‘cost-sharing and cooperative’’. 

19 (c) IMPLEMENTATION OF STRATEGY.—Section 567(d) 

20 of such Act (114 Stat. 2663) is amended—

21 (1) by striking ‘‘The Secretary’’ and inserting 

22 the following: 

23 ‘‘(1) IN GENERAL.—The Secretary’’; 

24 (2) in the second sentence of paragraph (1) (as 

25 so designated)—
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1 (A) by striking ‘‘implement’’ and inserting 

2 ‘‘carry out’’; and 

3 (B) by striking ‘‘implementing’’ and insert4 ing ‘‘carrying out’’; 

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

6 ‘‘(2) PRIORITY PROJECT.—In carrying out 

7 projects to implement the strategy, the Secretary shall 

8 give priority to the project for ecosystem restoration, 

9 Cooperstown, New York, described in the Upper Sus10 quehanna River Basin—Cooperstown Area Ecosystem 

11 Restoration Feasibility Study, dated December 2004, 

12 prepared by the Corps of Engineers and the New York 

13 State Department of Environmental Conservation.’’; 

14 and 

15 (4) by aligning the remainder of the text of 

16 paragraph (1) (as designated by paragraph (1) of this 

17 subsection) with paragraph (2) (as added by para18 graph (3) of this subsection). 

19 (d) CREDIT.—Section 567 of such Act (110 Stat. 3787; 

20 114 Stat. 2662) is amended by adding at the end the fol21 lowing: 

22 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

23 non-Federal share of the cost of a project under this sec24 tion—
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1 ‘‘(1) the cost of design and construction work 

2 carried out by the non-Federal interest before the date 

3 of the partnership agreement for the project if the Sec4 retary determines that the work is integral to the 

5 project; and 

6 ‘‘(2) the cost of in-kind services and materials 

7 provided for the project by the non-Federal interest.’’. 

8 SEC. 5114. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

9 The Secretary shall review a report prepared by the 

10 non-Federal interest concerning flood protection and envi11 ronmental restoration for Cano Martin Pena, San Juan, 

12 Puerto Rico, and, if the Secretary determines that the re13 port meets the evaluation and design standards of the Corps 

14 of Engineers and that the project is feasible, the Secretary 

15 may carry out the project at a total cost of $130,000,000, 

16 with an estimated Federal cost of $85,000,000 and an esti17 mated non-Federal cost of $45,000,000. 

18 SEC. 5115. BEAUFORT AND JASPER COUNTIES, SOUTH 

19 CAROLINA. 

20 The Secretary may accept from the Department of the 

21 Navy, and may use, not to exceed $23,000,000 to assist the 

22 Beaufort Jasper Water and Sewage Authority, South Caro23 lina, with its plan to consolidate civilian and military 

24 wastewater treatment facilities. 
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1 SEC. 5116. FRITZ LANDING, TENNESSEE. 

2 The Secretary shall—

3 (1) conduct a study of the Fritz Landing Agri4 cultural Spur Levee, Tennessee, to determine the ex5 tent of levee modifications that would be required to 

6 make the levee and associated drainage structures 

7 consistent with Federal standards; 

8 (2) design and construct such modifications; and 

9 (3) after completion of such modifications, incor10 porate the levee into the project for flood control, Mis11 sissippi River and Tributaries, authorized by the Act 

12 entitled ‘‘An Act for the control of floods on the Mis13 sissippi River and its tributaries, and for other pur14 poses’’, approved May 15, 1928 (45 Stat. 534–539), 

15 commonly known as the ‘‘Flood Control Act of 1928’’. 

16 SEC. 5117. J. PERCY PRIEST DAM AND RESERVOIR, TEN17 NESSEE. 

18 The Secretary shall plan, design, and construct a trail 

19 system at the J. Percy Priest Dam and Reservoir, Ten20 nessee, authorized by section 4 of the Act entitled ‘‘An Act 

21 authorizing the construction of certain public works on riv22 ers and harbors for flood control, and for other purposes’’, 

23 approved June 28, 1938 (52 Stat. 1217), including design 

24 and construction of support facilities for public health and 

25 safety associated with trail development. In carrying out 

26 such improvements, the Secretary is authorized to use funds 
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1 made available by the State of Tennessee from any Federal 

2 or State source, or both. 

3 SEC. 5118. TOWN CREEK, LENOIR CITY, TENNESSEE. 

4 The Secretary shall design and construct the project 

5 for flood damage reduction designated as Alternative 4 in 

6 the Town Creek, Lenoir City, Loudon County, Tennessee, 

7 feasibility report of the Nashville district engineer, dated 

8 November 2000, under the authority of section 205 of the 

9 Flood Control Act of 1948 (33 U.S.C. 701s), notwith10 standing section 1 of the Flood Control Act of June 22, 1936 

11 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal share of 

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

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

14 2213(a)). 

15 SEC. 5119. TENNESSEE RIVER PARTNERSHIP. 

16 (a) IN GENERAL.—As part of the operation and main17 tenance of the project for navigation, Tennessee River, Ten18 nessee, Alabama, Mississippi, and Kentucky, authorized by 

19 the first section of the River and Harbor Act of July 3, 

20 1930 (46 Stat. 927), the Secretary may enter into a part21 nership with a nonprofit entity to remove debris from the 

22 Tennessee River in the vicinity of Knoxville, Tennessee, by 

23 providing a vessel to such entity, at Federal expense, for 

24 such debris removal purposes. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $500,000. 

4 SEC. 5120. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, 

5 ARKANSAS, AND MISSISSIPPI. 

6 The Secretary may participate with non-Federal and 

7 nonprofit entities to address issues concerning managing 

8 groundwater as a sustainable resource through the Upper 

9 Mississippi Embayment, Tennessee, Arkansas, and Mis10 sissippi, and coordinating the protection of groundwater 

11 supply and groundwater quality with local surface water 

12 protection programs. There is authorized to be appropriated 

13 $5,000,000 to carry out this section. 

14 SEC. 5121. BOSQUE RIVER WATERSHED, TEXAS. 

15 (a) COMPREHENSIVE PLAN.—The Secretary, in con16 sultation with appropriate Federal, State, and local enti17 ties, shall develop, as expeditiously as practicable, a com18 prehensive plan for development of new technologies and in19 novative approaches for restoring, preserving, and pro20 tecting the Bosque River watershed within Bosque, Ham21 ilton, McLennan, and Erath Counties, Texas. The Sec22 retary, in cooperation with the Secretary of Agriculture, 

23 may carry out activities identified in the comprehensive 

24 plan to demonstrate practicable alternatives for stabiliza-
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1 tion and enhancement of land and water resources in the 

2 basin. 

3 (b) SERVICES OF PUBLIC NON-PROFIT INSTITUTIONS

4 AND OTHER ENTITIES.—In carrying out subsection (a), the 

5 Secretary may utilize, through contracts or other means, 

6 the services of public non-profit institutions and such other 

7 entities as the Secretary considers appropriate. 

8 (c) NON-FEDERAL SHARE.—

9 (1) IN GENERAL.—The non-Federal share of the 

10 cost of activities carried out under this section shall 

11 be 35 percent. 

12 (2) CREDIT.—The Secretary shall credit toward 

13 the non-Federal share of the cost of activities carried 

14 out under this section the cost of planning, design, 

15 and construction work completed by or on behalf of 

16 the non-Federal interests for implementation of meas17 ures constructed with assistance provided under this 

18 section. The amount of such credit shall not exceed the 

19 non-Federal share of the cost of such activities. 

20 (3) OPERATION AND MAINTENANCE.—The non21 Federal share of the cost of operation and mainte22 nance for measures constructed with assistance pro23 vided under this section shall be 100 percent. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $5,000,000. 

4 SEC. 5122. DALLAS FLOODWAY, DALLAS, TEXAS. 

5 (a) IN GENERAL.—The Secretary shall review the Bal6 anced Vision Plan for the Trinity River Corridor, Dallas, 

7 Texas, dated December 2003 and amended in March 2004, 

8 prepared by the non-Federal interest for the project for flood 

9 damage reduction and other purposes, Dallas Floodway, 

10 Dallas, Texas, and, if the Secretary determines that the 

11 project is technically sound and environmentally accept12 able, shall carry out the project at a total cost of 

13 $194,000,000, with an estimated Federal cost of 

14 $126,100,000 and an estimated non-Federal cost of 

15 $67,900,000. 

16 (b) CREDIT.—

17 (1) IN-KIND CONTRIBUTIONS.—The Secretary 

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

19 of the project the cost of planning, design, and con20 struction work carried out by the non-Federal interest 

21 before the date of the partnership agreement for the 

22 project if the Secretary determines that the work is 

23 integral to the project. 

24 (2) CASH CONTRIBUTIONS.—The Secretary shall 

25 accept funds provided by the non-Federal interests for 
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1 use in carrying out planning, engineering, and design 

2 for the project. The Federal share of such planning, 

3 engineering, and design carried out with non-Federal 

4 contributions shall be credited against the non-Fed5 eral share of project costs. 

6 SEC. 5123. HARRIS COUNTY, TEXAS. 

7 (a) IN GENERAL.—Section 575(a) of the Water Re8 sources Development Act of 1996 (110 Stat. 3789; 113 Stat. 

9 311) is amended by inserting before the period at the end 

10 the following: ‘‘, whether or not such works or actions are 

11 partially funded under the hazard mitigation grant pro12 gram of the Federal Emergency Management Agency’’. 

13 (b) SPECIFIC PROJECTS.—Section 575(b) of such Act 

14 (110 Stat. 3789; 113 Stat. 311) is amended—

15 (1) in paragraph (3) by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (4) by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding the following: 

20 ‘‘(5) the project for flood control, Upper White 

21 Oak Bayou, Texas, authorized by section 401(a) of the 

22 Water Resources Development Act of 1986 (100 Stat. 

23 4125).’’. 
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1 SEC. 5124. ONION CREEK, TEXAS. 

2 In carrying out the study for the project for flood dam3 age reduction, recreation, and ecosystem restoration, Onion 

4 Creek, Texas, the Secretary shall include the costs and bene5 fits associated with the relocation of flood-prone residences 

6 in the study area for the project in the period beginning 

7 2 years before the date of initiation of the study and ending 

8 on the date of execution of the partnership agreement for 

9 construction of the project to the extent the Secretary deter10 mines such relocations are compatible with the project. The 

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

12 cost of the project the cost of relocation of such flood-prone 

13 residences incurred by the non-Federal interest before the 

14 date of the partnership agreement for the project if the Sec15 retary determines that the relocation of such residences is 

16 integral to the project. 

17 SEC. 5125. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 

18 The Secretary shall accept funds from the National 

19 Park Service to restore Dyke Marsh, Fairfax County, Vir20 ginia. 

21 SEC. 5126. EASTERN SHORE AND SOUTHWEST VIRGINIA. 

22 Section 219(f)(10) of the Water Resources Development 

23 Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended—

24 (1) by striking ‘‘$20,000,000 for water supply 

25 and wastewater infrastructure’’ and inserting the fol26 lowing: 
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1 ‘‘(A) IN GENERAL.—$20,000,000 for water 

2 supply, wastewater infrastructure, and environ3 mental restoration’’; 

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

5 ‘‘(B) CREDIT.—The Secretary shall credit 

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

7 project the cost of work carried out by the non8 Federal interest before the date of the partnership 

9 agreement for the project if the Secretary deter10 mines that the work is integral to the project.’’; 

11 and 

12 (3) by aligning the remainder of the text of sub13 paragraph (A) (as designated by paragraph (1) of 

14 this section) with subparagraph (B) (as added by 

15 paragraph (2) of this section). 

16 SEC. 5127. JAMES RIVER, VIRGINIA. 

17 The Secretary shall accept funds from the National 

18 Park Service to provide technical and project management 

19 assistance for the James River, Virginia, with a particular 

20 emphasis on locations along the shoreline adversely im21 pacted by Hurricane Isabel. 

22 SEC. 5128. BAKER BAY AND ILWACO HARBOR, WASHINGTON. 

23 The Secretary shall conduct a study of increased silta24 tion in Baker Bay and Ilwaco Harbor, Washington, to de25 termine if the siltation is the result of a Federal navigation 
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1 project (including diverted flows from the Columbia River) 

2 and, if the Secretary determines that the siltation is the 

3 result of a Federal navigation project, the Secretary shall 

4 carry out a project to mitigate the siltation as part of main5 tenance of the Federal navigation project. 

6 SEC. 5129. HAMILTON ISLAND CAMPGROUND, WASHINGTON. 

7 The Secretary is authorized to plan, design, and con8 struct a campground for Bonneville Lock and Dam at 

9 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

10 Skamania County, Washington. 

11 SEC. 5130. PUGET ISLAND, WASHINGTON. 

12 The Secretary is directed to place dredged and other 

13 suitable material along portions of the Columbia River 

14 shoreline of Puget Island, Washington, between river miles 

15 38 to 47 in order to protect economic and environmental 

16 resources in the area from further erosion, at a Federal cost 

17 of $1,000,000. This action shall be coordinated with appro18 priate resource agencies and comply with applicable Fed19 eral laws. 

20 SEC. 5131. WILLAPA BAY, WASHINGTON. 

21 Section 545 of the Water Resources Development Act 

22 of 2000 (114 Stat. 2675) is amended—

23 (1) in subsection (b)(1) by striking ‘‘may con24 struct’’ and inserting ‘‘shall construct’’; and 
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1 (2) by inserting ‘‘and ecosystem restoration’’ 

2 after ‘‘erosion protection’’ each place it appears. 

3 SEC. 5132. BLUESTONE, WEST VIRGINIA. 

4 Section 547 of the Water Resources Development Act 

5 of 2000 (114 Stat. 2676–2678) is amended—

6 (1) in subsection (b)(1)(A) by striking ‘‘4 years’’ 

7 and inserting ‘‘5 years’’; 

8 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if 

9 all’’ and all that follows through ‘‘facility’’ and in10 serting ‘‘assurance project’’; 

11 (3) in subsection (b)(1)(C) by striking ‘‘and con12 struction’’ and inserting ‘‘, construction, and oper13 ation and maintenance’’; 

14 (4) by adding at the end of subsection (b) the fol15 lowing: 

16 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri-Cit17 ies Power Authority shall be the owner and operator 

18 of the hydropower facilities referred to in subsection 

19 (a).’’; 

20 (5) in subsection (c)(1)—

21 (A) by striking ‘‘No’’ and inserting ‘‘Unless 

22 otherwise provided, no’’; 

23 (B) by inserting ‘‘planning,’’ before ‘‘de24 sign’’; and 
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1 (C) by striking ‘‘prior to’’ and all that fol2 lows through ‘‘subsection (d)’’; 

3 (6) in subsection (c)(2) by striking ‘‘design’’ and 

4 inserting ‘‘planning, design,’’; 

5 (7) in subsection (d)—

6 (A) by striking paragraphs (1) and (2) and 

7 inserting the following: 

8 ‘‘(1) APPROVAL.—The Secretary shall review the 

9 design and construction activities for all features of 

10 the hydroelectric project that pertain to and affect 

11 stability of the dam and control the release of water 

12 from Bluestone Dam to ensure that the quality of con13 struction of those features meets all standards estab14 lished for similar facilities constructed by the Sec15 retary.’’; 

16 (B) by redesignating paragraph (3) as 

17 paragraph (2); 

18 (C) by striking the period at the end of 

19 paragraph (2) (as so redesignated) and inserting 

20 ‘‘, except that hydroelectric power is no longer a 

21 project purpose of the facility. Water flow re22 leases from the hydropower facilities shall be de23 termined and directed by the Corps of Engi24 neers.’’; and 

25 (D) by adding at the end the following: 
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1 ‘‘(3) COORDINATION.—Construction of the hydro2 electric generating facilities shall be coordinated with 

3 the dam safety assurance project currently in the de4 sign and construction phases.’’; 

5 (8) in subsection (e) by striking ‘‘in accordance’’ 

6 and all that follows through ‘‘58 Stat. 890)’’; 

7 (9) in subsection (f)—

8 (A) by striking ‘‘facility of the inter9 connected systems of reservoirs operated by the 

10 Secretary’’ each place it appears and inserting 

11 ‘‘facilities under construction under such agree12 ments’’; and 

13 (B) by striking ‘‘design’’ and inserting 

14 ‘‘planning, design’’; 

15 (10) in subsection (f)(2)—

16 (A) by ‘‘Secretary’’ each place it appears 

17 and inserting ‘‘Tri-Cities Power Authority’’; and 

18 (B) by striking ‘‘facilities referred to in sub19 section (a)’’ and inserting ‘‘such facilities’’; 

20 (11) by striking paragraph (1) of subsection (g) 

21 and inserting the following: 

22 ‘‘(1) to arrange for the transmission of power to 

23 the market or to construct such transmission facilities 

24 as necessary to market the power produced at the fa-
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1 cilities referred to in subsection (a) with funds con2 tributed by the Tri-Cities Power Authority; and’’; 

3 (12) in subsection (g)(2) by striking ‘‘such facili4 ties’’ and all that follows through ‘‘the Secretary’’ and 

5 inserting ‘‘the generating facility’’; and 

6 (13) by adding at the end the following: 

7 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In 

8 this section, the ‘Tri-Cities Power Authority’ refers to the 

9 entity established by the City of Hinton, West Virginia, the 

10 City of White Sulphur Springs, West Virginia, and the City 

11 of Philippi, West Virginia, pursuant to a document entitled 

12 ‘Second Amended and Restated Intergovernmental Agree13 ment’ approved by the Attorney General of West Virginia 

14 on February 14, 2002.’’. 

15 SEC. 5133. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

16 CONTROL. 

17 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR18 GINIA.—Section 581(a)(1) of the Water Resources Develop19 ment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is amend20 ed—

21 (1) by striking ‘‘flood control measures’’ and in22 serting ‘‘structural and nonstructural flood control, 

23 streambank protection, stormwater management, and 

24 channel clearing and modification measures’’; and 
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1 (2) by inserting ‘‘with respect to measures that 

2 incorporate levees or floodwalls’’ before the semicolon. 

3 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 

4 Water Resources Development Act of 1996 (110 Stat. 3791) 

5 is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (5); 

8 (2) by striking the period at the end of para9 graph (6) and inserting a semicolon; and 

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

11 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa12 tershed; and 

13 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 

14 River basin.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 581(c) of the Water Resources Development Act of 1996 (110 

17 Stat. 3791) is amended by striking ‘‘$12,000,000’’ and in18 serting ‘‘$90,000,000’’. 

19 SEC. 5134. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA. 

20 The Secretary shall conduct a watershed and river 

21 basin assessment under section 729 of the Water Resources 

22 Development Act of 1986 (33 U.S.C. 2267a) for the Lower 

23 Kanawha River Basin, in the counties of Mason, Putnam, 

24 Kanawha, Jackson, and Roane, West Virginia. 
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1 SEC. 5135. 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 section 

9 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

10 5b(b)), for any project undertaken under this section, a non11 Federal interest may include a nonprofit entity with the 

12 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 admin16 ister projects under this section at 100 percent Federal ex17 pense.’’. 

18 SEC. 5136. SOUTHERN WEST VIRGINIA. 

19 (a) CORPS OF ENGINEERS.—Section 340 of the Water 

20 Resources Development Act of 1992 (106 Stat. 4856; 113 

21 Stat. 320) is amended by adding at the end the following: 

22 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

23 amounts appropriated to carry out this section may be used 

24 by the Corps of Engineers district offices to administer 

25 projects under this section at 100 percent Federal expense.’’. 
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1 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

2 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ after 

3 ‘‘Greenbrier,’’. 

4 (c) NONPROFIT ENTITIES.—Section 340 of the Water 

5 Resources Development Act of 1992 (106 Stat. 4856) is fur6 ther amended by adding at the end the following: 

7 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding section 

8 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

9 5b(b)), for any project undertaken under this section, a non10 Federal interest may include a nonprofit entity with the 

11 consent of the affected local government.’’. 

12 SEC. 5137. JOHNSONVILLE DAM, JOHNSONVILLE, WIS13 CONSIN. 

14 The Secretary shall conduct a study of the Johnsonville 

15 Dam, Johnsonville, Wisconsin, to determine if the structure 

16 prevents ice jams on the Sheboygan River. 

17 SEC. 5138. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

18 BY NON-FEDERAL INTERESTS. 

19 Section 211(f) of the Water Resources Development Act 

20 of 1996 (33 U.S.C. 701b–13) is amended by adding at the 

21 end the following: 

22 ‘‘(9) BUFFALO BAYOU, TEXAS.—The project for 

23 flood control, Buffalo Bayou, Texas. 

24 ‘‘(10) HALLS BAYOU, TEXAS.—The project for 

25 flood control, Halls Bayou, Texas. 
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1 ‘‘(11) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

2 FIELD), ST. PAUL, MINNESOTA.—The project for flood 

3 damage reduction, St. Paul Downtown Airport (Hol4 man Field), St. Paul, Minnesota. 

5 ‘‘(12) THORNTON RESERVOIR, COOK COUNTY, IL6 LINOIS.—The project for flood control, Chicago 

7 Underflow Plan, Thornton Reservoir, Cook County, 

8 Illinois. 

9 ‘‘(13) LAROSE TO GOLDEN MEADOW, LOU10 ISIANA.—The project for flood control, Larose to Gold11 en Meadow, Louisiana. 

12 ‘‘(14) PERRIS, CALIFORNIA.—The project for 

13 flood control, Perris, California.’’. 

14 SEC. 5139. USE OF FEDERAL HOPPER DREDGE FLEET. 

15 (a) STUDY.—The Secretary shall conduct a study on 

16 the appropriate use of the Federal hopper dredge fleet. 

17 (b) CONTENTS.—In conducting the study, the Sec18 retary shall—

19 (1) obtain and analyze baseline data to deter20 mine the appropriate use of the Federal hopper 

21 dredge fleet; 

22 (2) prepare a comprehensive analysis of the costs 

23 and benefits of existing and proposed restrictions on 

24 the use of the Federal hopper dredge fleet; and 
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1 (3) assess the data and procedure used by the 

2 Secretary to prepare the Government cost estimate for 

3 worked performed by the Federal hopper dredge fleet. 

4 (c) CONSULTATION.—The Secretary shall conduct the 

5 study in consultation with ports, pilots, and representatives 

6 of the private dredge industry. 

7 (d) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary shall transmit to 

9 Congress a report on the results of the study. 

10 TITLE VI—FLORIDA 

11 EVERGLADES 

12 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR13 IDA. 

14 (a) MODIFICATION.—The project for Hillsboro and 

15 Okeechobee Aquifer, Florida, authorized by section 

16 101(a)(16) of the Water Resources Development Act of 1999 

17 (113 Stat. 276), is modified to authorize the Secretary to 

18 carry out the project at a total cost of $39,200,000. 

19 (b) TREATMENT.—Section 601(b)(2)(A) of the Water 

20 Resources Development Act of 2000 (114 Stat. 2681) is 

21 amended—

22 (1) in clause (i) by adding at the end the fol23 lowing: ‘‘The project for aquifer storage and recovery, 

24 Hillsboro and Okeechobee Aquifer, Florida, authorized 

25 by section 101(a)(16) of the Water Resources Develop-
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1 ment Act of 1999 (113 Stat. 276), shall be treated for 

2 purposes of this section as being in the Plan, except 

3 that operation and maintenance costs of the project 

4 shall remain a non-Federal responsibility.’’; and 

5 (2) in clause (iii) by inserting after ‘‘subpara6 graph (B)’’ the following: ‘‘and the project for aquifer 

7 storage and recovery, Hillsboro and Okeechobee Aqui8 fer’’. 

9 SEC. 6002. PILOT PROJECTS. 

10 Section 601(b)(2)(B) of the Water Resources Develop11 ment Act of 2000 (114 Stat. 2681) is amended—

12 (1) in the matter preceding clause (i)—

13 (A) by striking ‘‘$69,000,000’’ and inserting 

14 ‘‘$71,200,000’’; and 

15 (B) by striking ‘‘$34,500,000’’ each place it 

16 appears and inserting ‘‘$35,600,000’’; and 

17 (2) in clause (i)—

18 (A) by striking ‘‘$6,000,000’’ and inserting 

19 ‘‘$8,200,000’’; and 

20 (B) by striking ‘‘$3,000,000’’ each place it 

21 appears and inserting ‘‘$4,100,000’’. 

22 SEC. 6003. MAXIMUM COST OF PROJECTS. 

23 Section 601(b)(2)(E) of the Water Resources Develop24 ment Act of 2000 (114 Stat. 2683) is amended by inserting 

25 ‘‘and section (d)’’ before the period at the end. 
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1 SEC. 6004. PROJECT AUTHORIZATION. 

2 Section 601(d) of the Water Resources Development 

3 Act of 2000 (114 Stat. 2684) is amended by adding at the 

4 end the following: 

5 ‘‘(3) PROJECT AUTHORIZATION.—The following 

6 project for water resources development and conserva7 tion and other purposes is authorized to be carried 

8 out by the Secretary substantially in accordance with 

9 the plans, and subject to the conditions, described in 

10 the report designated in this paragraph: 

11 ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR12 IDA.—The project for ecosystem restoration, 

13 water supply, flood damage reduction, and pro14 tection of water quality, Indian River Lagoon 

15 South, Florida: Report of the Chief of Engineers 

16 dated August 6, 2004, at a total cost of 

17 $1,210,608,000, with an estimated Federal cost 

18 of $605,304,000 and an estimated non-Federal 

19 cost of $605,304,000.’’. 

20 SEC. 6005. CREDIT. 

21 Section 601(e)(5)(B) of the Water Resources Develop22 ment Act of 2000 (114 Stat. 2685) is amended—

23 (1) in clause (i)—

24 (A) by striking ‘‘or’’ at the end of subclause 

25 (I); 
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1 (B) by adding ‘‘or’’ at the end of subclause 

2 (II); and 

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

4 ‘‘(III) the credit is provided for work 

5 carried out before the date of the partner6 ship agreement between the Secretary and 

7 the non-Federal sponsor, as defined in an 

8 agreement between the Secretary and the 

9 non-Federal sponsor providing for such 

10 credit;’’; and 

11 (2) in clause (ii)—

12 (A) by striking ‘‘design agreement or the 

13 project cooperation’’; and 

14 (B) by inserting before the semicolon the fol15 lowing: ‘‘, including in the case of credit pro16 vided under clause (i)(III) conditions relating to 

17 design and construction’’. 

18 SEC. 6006. OUTREACH AND ASSISTANCE. 

19 Section 601(k) of the Water Resources Development Act 

20 of 2000 (114 Stat. 2691) is amended by adding at the end 

21 the following: 

22 ‘‘(3) MAXIMUM EXPENDITURES.—The Secretary 

23 may expend up to $3,000,000 per fiscal year for fiscal 

24 years beginning after September 30, 2004, to carry 

25 out this subsection.’’. 
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1 SEC. 6007. CRITICAL RESTORATION PROJECTS. 

2 Section 528(b)(3)(C) of the Water Resources Develop3 ment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is amend4 ed—

5 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

6 all that follows through ‘‘2003’’ and inserting 

7 ‘‘$95,000,000’’; and 

8 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

9 inserting ‘‘$30,000,000’’. 

10 SEC. 6008. DEAUTHORIZATIONS. 

11 As of the date of enactment of this Act, the following 

12 projects are not authorized: 

13 (1) The uncompleted portions of the project au14 thorized by section 601(b)(2)(C)(i) of the Water Re15 sources Development Act of 2000 (114 Stat. 2682), C–

16 44 Basin Storage Reservoir of the Comprehensive Ev17 erglades Restoration Plan. 

18 (2) The uncompleted portions of the project au19 thorized by section 203 of the Flood Control Act of 

20 1968 (82 Stat. 740), Martin County, Florida modi21 fications to the Central and South Florida Project, as 

22 contained in Senate Document 101, 90th Congress, 2d 

23 Session. 

24 (3) The uncompleted portions of the project au25 thorized by section 203 of the Flood Control Act of 

26 1968 (82 Stat. 740), East Coast Backpumping, St. 
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1 Lucie—Martin County, Spillway Structure S–311 of 

2 the Central and South Florida Project, as contained 

3 in House Document 369, 90th Congress, 2d Session. 

4 SEC. 6009. MODIFIED WATER DELIVERY. 

5 (a) TAMIAMI TRAIL.—The Secretary shall not carry 

6 out a project for raising Tamiami Trail, Florida, until such 

7 date as the project is specifically authorized by law. 

8 (b) REPORTS.—The Secretary shall submit to Congress 

9 reports recommending specific authorizations in law for—

10 (1) changes to the project to improve water deliv11 eries to Everglades National Park, authorized by sec12 tion 104 of the Everglades National Park Protection 

13 and Expansion Act of 1989 (16 U.S.C. 410r-8), if 

14 necessary; 

15 (2) a project to raise Tamiami Trail, Florida, if 

16 necessary; and 

17 (3) a combined structural and operational plan 

18 for the C–111 Canal Project, authorized by section 

19 203 of the Flood Control Act of 1948 (62 Stat. 1176), 

20 and modified by section 203 of the Flood Control Act 

21 of 1968 (82 Stat. 740), and further modified by sec22 tion 316 of the Water Resources Development Act of 

23 1996 (110 Stat. 3715), and the project to improve 

24 water deliveries to Everglades National Park. 
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1 TITLE VII—LOUISIANA COASTAL 

2 AREA 

3 SEC. 7001. DEFINITIONS. 

4 In this title, the following definitions apply: 

5 (1) COASTAL LOUISIANA ECOSYSTEM.—The term 

6 ‘‘coastal Louisiana ecosystem’’ means the coastal area 

7 of Louisiana from the Sabine River on the west and 

8 the Pearl River on the east, including those parts of 

9 the Deltaic Plain and the Chenier Plain included 

10 within the study area of the Plan. 

11 (2) GOVERNOR.—The term ‘‘Governor’’ means 

12 the Governor of the State of Louisiana. 

13 (3) PLAN.—The term ‘‘Plan’’ means the report of 

14 the Chief of Engineers for ecosystem restoration for 

15 the Louisiana Coastal Area dated January 31, 2005. 

16 (4) TASK FORCE.—The term ‘‘Task Force’’ 

17 means the Coastal Louisiana Ecosystem Protection 

18 and Restoration Task Force established by section 

19 7003. 

20 SEC. 7002. ADDITIONAL REPORTS. 

21 (a) MISSISSIPPI RIVER GULF OUTLET.—Not later 

22 than 2 years after the date of enactment of this Act, the 

23 Secretary shall submit to Congress a report recommending 

24 modifications to the Mississippi River Gulf Outlet to ad-
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1 dress navigation, salt water intrusion, channel bank ero2 sion, mitigation, and threats to life and property. 

3 (b) CHENIER PLAIN.—Not later than July 1, 2006, the 

4 Secretary shall submit to Congress a report recommending 

5 near-term ecosystem restoration measures for the Chenier 

6 Plain, Louisiana. 

7 (c) LONG-TERM PLAN.—

8 (1) COMPREHENSIVE FRAMEWORK.—Not later 

9 than one year after the date of enactment of this sec10 tion, the Secretary shall submit to Congress a rec11 ommended framework for developing a long-term pro12 gram that provides for the comprehensive protection, 

13 conservation, and restoration of the wetlands, estu14 aries (including Barataria-Terrebonne Estuary), bar15 rier islands, and related land and features that pro16 tect critical resources, habitat, and infrastructure in 

17 the coastal Louisiana ecosystem from the impacts of 

18 coastal storms, hurricanes, erosion, and subsidence. 

19 (2) CONSIDERATION.—In developing the rec20 ommended framework, the Secretary shall consider in21 tegrating other Federal or State projects or activities 

22 within the coastal Louisiana ecosystem into the long23 term restoration program. 

24 (3) COMPREHENSIVE PLAN.—
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1 (A) DEADLINE.—Not later than five years 

2 after the date of enactment of this Act, the Sec3 retary shall submit to Congress a feasibility 

4 study recommending a comprehensive, long-term, 

5 plan for the protection, conservation, and res6 toration of the coastal Louisiana ecosystem. 

7 (B) INTEGRATION.—The comprehensive, 

8 long-term, plan shall include recommendations 

9 for the integration of ongoing Federal and State 

10 projects, programs, and activities. 

11 SEC. 7003. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

12 AND RESTORATION TASK FORCE. 

13 (a) ESTABLISHMENT AND MEMBERSHIP.—There is es14 tablished the Coastal Louisiana Ecosystem Protection and 

15 Restoration Task Force, which shall consist of the following 

16 members (or, in the case of the head of a Federal agency, 

17 a designee at the level of Assistant Secretary or an equiva18 lent level): 

19 (1) The Secretary. 

20 (2) The Secretary of the Interior. 

21 (3) The Secretary of Commerce. 

22 (4) The Administrator of the Environmental 

23 Protection Agency. 

24 (5) The Secretary of Agriculture. 

25 (6) The Secretary of Transportation. 
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1 (7) The Secretary of Energy. 

2 (8) The Director of the Federal Emergency Man3 agement Agency. 

4 (9) The Commandant of the Coast Guard. 

5 (10) The Coastal Advisor to the Governor. 

6 (11) The Secretary of the Louisiana Department 

7 of Natural Resources. 

8 (12) A representative of the Louisiana Gov9 ernor’s Advisory Commission on Coastal Restoration 

10 and Conservation. 

11 (b) DUTIES OF TASK FORCE.—The Task Force shall—

12 (1) make recommendations to the Secretary re13 garding policies, strategies, plans, programs, projects, 

14 and activities for addressing protection, conservation, 

15 and restoration of the coastal Louisiana ecosystem; 

16 (2) prepare financial plans for each of the agen17 cies represented on the Task Force for funds proposed 

18 for the protection, conservation, and restoration of the 

19 coastal Louisiana ecosystem under authorities of each 

20 agency, including—

21 (A) recommendations that identify funds 

22 from current agency missions and budgets; and 

23 (B) recommendations for coordinating indi24 vidual agency budget requests; and 
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1 (3) submit to Congress a biennial report that 

2 summarizes the activities of the Task Force and 

3 progress towards the purposes set forth in section 

4 7002(c)(1). 

5 (c) PROCEDURES AND ADVICE.—The Task Force 

6 shall—

7 (1) implement procedures to facilitate public 

8 participation with regard to Task Force activities, in9 cluding—

10 (A) providing advance notice of meetings; 

11 (B) providing adequate opportunity for 

12 public input and comment; 

13 (C) maintaining appropriate records; and 

14 (D) making a record of proceedings avail15 able for public inspection; and 

16 (2) establish such working groups as are nec17 essary to assist the Task Force in carrying out its du18 ties. 

19 (d) COMPENSATION.—Members of the Task Force or 

20 any associated working group may not receive compensa21 tion for their services as members of the Task Force or work22 ing group. 

23 (e) TRAVEL EXPENSES.—Travel expenses incurred by 

24 members of the Task Force, or members of an associated 

25 working group, in the performance of their service on the 
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1 Task Force or working group shall be paid by the agency 

2 or entity that the member represents. 

3 (f) APPLICATION OF FEDERAL ADVISORY COMMITTEE

4 ACT.—The Task Force and any working group established 

5 by the Task Force shall not be considered an advisory com6 mittee under the Federal Advisory Committee Act (5 U.S.C. 

7 App.). 

8 SEC. 7004. INVESTIGATIONS. 

9 (a) IN GENERAL.—The Secretary shall conduct feasi10 bility studies for future authorization and large-scale stud11 ies substantially in accordance with the Plan at a total cost 

12 $130,000,000. 

13 (b) EXISTING FEDERALLY AUTHORIZED WATER RE14 SOURCES PROJECTS.—

15 (1) IN GENERAL.—The Secretary shall review ex16 isting federally authorized water resources projects in 

17 the coastal Louisiana ecosystem in order to determine 

18 their consistency with the purposes of this section and 

19 whether the projects have the potential to contribute 

20 to ecosystem restoration through revised operations or 

21 modified project features. 

22 (2) FUNDING.—There is authorized to be appro23 priated $10,000,000 to carry out this subsection. 

24 SEC. 7005. CONSTRUCTION. 

25 (a) COASTAL LOUISIANA ECOSYSTEM PROGRAM.—
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1 (1) IN GENERAL.—The Secretary shall carry out 

2 a coastal Louisiana ecosystem program substantially 

3 in accordance with the Plan, at a total cost of 

4 $50,000,000. 

5 (2) OBJECTIVES.—The objectives of the program 

6 shall be to—

7 (A) identify uncertainties about the phys8 ical, chemical, geological, biological, and cultural 

9 baseline conditions in the coastal Louisiana eco10 system; 

11 (B) improve the State of knowledge of the 

12 physical, chemical, geological, biological, and 

13 cultural baseline conditions in the coastal Lou14 isiana ecosystem; and 

15 (C) identify and develop technologies, mod16 els, and methods that could be useful in carrying 

17 out the purposes of this title. 

18 (3) WORKING GROUPS.—The Secretary may es19 tablish such working groups as are necessary to assist 

20 in carrying out this subsection. 

21 (4) PROCEDURES AND ADVICE.—In carrying out 

22 this subsection, the Secretary is authorized to enter 

23 into contracts and cooperative agreements with sci24 entific and engineering experts in the restoration of 

25 aquatic and marine ecosystems, including a consor-
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1 tium of academic institutions in Louisiana and Mis2 sissippi for coastal restoration and enhancement 

3 through science and technology. 

4 (b) DEMONSTRATION PROJECTS.—

5 (1) IN GENERAL.—Subject to paragraphs (2) and 

6 (3), the Secretary may carry out projects substan7 tially in accordance with the Plan for the purpose of 

8 resolving critical areas of scientific or technological 

9 uncertainty related to the implementation of the com10 prehensive plan to be developed under section 

11 7002(c)(3). 

12 (2) MAXIMUM COST.—

13 (A) TOTAL COST.—The total cost for plan14 ning, design, and construction of all demonstra15 tion projects under this subsection shall not ex16 ceed $100,000,000. 

17 (B) INDIVIDUAL PROJECT.—The total cost of 

18 an individual demonstration project under this 

19 subsection shall not exceed $25,000,000. 

20 (c) INITIAL PROJECTS.—The Secretary is authorized 

21 to carry out the following projects substantially in accord22 ance with the Plan: 

23 (1) Mississippi River Gulf Outlet Environmental 

24 Restoration at a total cost of $105,300,000. 
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1 (2) Small Diversion at Hope Canal at a total 

2 cost of $68,600,000. 

3 (3) Barataria Basin Barrier Shoreline Restora4 tion at a total cost of $242,600,000. 

5 (4) Small Bayou Lafourche Reintroduction at a 

6 total cost of $133,500,000. 

7 (5) Medium Diversion at Myrtle Grove with 

8 Dedicated Dredging at a total cost of $278,300,000. 

9 (d) BENEFICIAL USE OF DREDGED MATERIAL.—The 

10 Secretary, substantially in accordance with the Plan, shall 

11 implement in the coastal Louisiana ecosystem a program 

12 for the beneficial use of material dredged from federally 

13 maintained waterways at a total cost of $100,000,000. 

14 SEC. 7006. NON-FEDERAL COST SHARE. 

15 (a) CREDIT.—The Secretary shall credit toward the 

16 non-Federal share of the cost of a study authorized by sec17 tion 7004 or a project authorized by section 7005 the cost 

18 of work carried out in the coastal Louisiana ecosystem by 

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

20 agreement for the study or project, as the case may be, if 

21 the Secretary determines that the work is integral to the 

22 study or project, as the case may be. 

23 (b) TREATMENT OF CREDIT BETWEEN PROJECTS.—

24 Any credit provided under this section toward the non-Fed25 eral share of the cost of a study authorized by section 7004 
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1 or a project authorized by section 7005 may be applied to2 ward the non-Federal share of the cost of any other study 

3 authorized by section 7004 or any other project authorized 

4 by section 7005, as the case may be. 

5 (c) PERIODIC MONITORING.—

6 (1) IN GENERAL.—To ensure that the contribu7 tions of the non-Federal interest equal the non-Fed8 eral share of the cost of a study authorized by section 

9 7004 or a project authorized by section 7005, during 

10 each 5-year period beginning after the date of com11 mencement of the first study under section 7004 or 

12 construction of the first project under section 7005, as 

13 the case may be, the Secretary shall—

14 (A) monitor the non-Federal provision for 

15 each study authorized by section 7004 or each 

16 project authorized by section 7005, as the case 

17 may be, of cash, in-kind services and materials, 

18 and land, easements, rights-of-way, relocations, 

19 and disposal areas; and 

20 (B) manage, to the extent practicable, the 

21 requirement of the non-Federal interest to pro22 vide for each such project cash, in-kind services 

23 and materials, and land, easements, rights-of24 way, relocations, and disposal areas. 
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1 (2) OTHER MONITORING.—The Secretary shall 

2 conduct monitoring separately for the study phase, 

3 construction phase, the preconstruction engineering 

4 and design phase, and the planning phase for each 

5 project authorized on or after date of enactment of 

6 this Act for all or any portion of the coastal Lou7 isiana ecosystem. 

8 (d) AUDITS.—Credit for land, easements, rights-of9 way, relocations, and disposal areas (including land value 

10 and incidental costs) provided under this section, and the 

11 cost of work provided under this section, shall be subject 

12 to audit by the Secretary. 

13 SEC. 7007. PROJECT JUSTIFICATION. 

14 (a) IN GENERAL.—Notwithstanding section 209 of the 

15 Flood Control Act of 1970 (42 U.S.C. 1962–2) or any other 

16 provision of law, in carrying out any project or activity 

17 authorized by or under this title or any other provision of 

18 law to protect, conserve, and restore the coastal Louisiana 

19 ecosystem, the Secretary may determine that—

20 (1) the project or activity is justified by the envi21 ronmental benefits derived by the coastal Louisiana 

22 ecosystem; and 

23 (2) no further economic justification for the 

24 project or activity is required if the Secretary deter25 mines that the project or activity is cost effective. 
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1 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

2 shall not apply to any separable element intended to 

3 produce benefits that are predominantly unrelated to the 

4 protection, conservation, and restoration of the coastal Lou5 isiana ecosystem. 

6 SEC. 7008. STATUTORY CONSTRUCTION. 

7 (a) EXISTING AUTHORITY.—Except as otherwise pro8 vided in this title, nothing in this title affects any authority 

9 in effect on the date of enactment of this Act, or any require10 ment relating to the participation in protection, conserva11 tion, and restoration projects and activities in the coastal 

12 Louisiana ecosystem, including projects and activities re13 ferred to in subsection (a) of—

14 (1) the Department of the Army; 

15 (2) the Department of the Interior; 

16 (3) the Department of Commerce; 

17 (4) the Environmental Protection Agency; 

18 (5) the Department of Agriculture; 

19 (6) the Department of Transportation; 

20 (7) the Department of Energy; 

21 (8) the Federal Emergency Management Agency; 

22 (9) the Coast Guard; and 

23 (10) the State of Louisiana. 

24 (b) NEW AUTHORITY.—Nothing in this title confers 

25 any new regulatory authority on any Federal or non-Fed-
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1 eral entity that carries out any project or activity author2 ized by or under this title. 

3 TITLE VIII—UPPER MISSISSIPPI 

4 RIVER AND ILLINOIS WATER5 WAY SYSTEM 

6 SEC. 8001. DEFINITIONS. 

7 In this title, the following definitions apply: 

8 (1) PLAN.—The term ‘‘Plan’’ means the project 

9 for navigation and ecosystem improvements for the 

10 Upper Mississippi River and Illinois Waterway Sys11 tem: Report of the Chief of Engineers, dated December 

12 15, 2004. 

13 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS WA14 TERWAY SYSTEM.—The term ‘‘Upper Mississippi 

15 River and Illinois Waterway System’’ means the 

16 projects for navigation and ecosystem restoration au17 thorized by Congress for—

18 (A) the segment of the Mississippi River 

19 from the confluence with the Ohio River, River 

20 Mile 0.0, to Upper St. Anthony Falls Lock in 

21 Minneapolis-St. Paul, Minnesota, River Mile 

22 854.0; and 

23 (B) the Illinois Waterway from its con24 fluence with the Mississippi River at Grafton, Il-
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1 linois, River Mile 0.0, to T.J. O’Brien Lock in 

2 Chicago, Illinois, River Mile 327.0. 

3 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA4 TION. 

5 Except as modified by this title, the Secretary shall 

6 undertake navigation improvements and restoration of the 

7 ecosystem for the Upper Mississippi River and Illinois 

8 Water System substantially in accordance with the Plan 

9 and subject to the conditions described therein. 

10 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA11 TION IMPROVEMENTS. 

12 (a) SMALL SCALE AND NONSTRUCTURAL MEAS13 URES.—

14 (1) IN GENERAL.—The Secretary shall—

15 (A) construct mooring facilities at Locks 12, 

16 14, 18, 20, 22, 24, and LaGrange Lock; 

17 (B) provide switchboats at Locks 20 through 

18 25; and 

19 (C) conduct development and testing of an 

20 appointment scheduling system. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.—The 

22 total cost of projects authorized under this subsection 

shall be $235,000,000. Such costs shall be paid 1 23 ⁄2

24 from amounts appropriated from the general fund of 
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the Treasury and 1 1 ⁄2 from amounts appropriated 

2 from the Inland Waterways Trust Fund. 

3 (b) NEW LOCKS.—

4 (1) IN GENERAL.—The Secretary shall construct 

5 new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 

6 on the Upper Mississippi River and at LaGrange 

7 Lock and Peoria Lock on the Illinois Waterway. 

8 (2) AUTHORIZATION OF APPROPRIATIONS.—The 

9 total cost of projects authorized under this subsection 

shall be $1,795,000,000. Such costs shall be paid 1 10 ⁄2

11 from amounts appropriated from the general fund of 

the Treasury and 1 12 ⁄2 from amounts appropriated 

13 from the Inland Waterways Trust Fund. 

14 (c) CONCURRENCE.—The mitigation required for the 

15 projects authorized under subsections (a) and (b), including 

16 any acquisition of lands or interests in lands, shall be un17 dertaken or acquired concurrently with lands and interests 

18 in lands for the projects authorized under subsections (a) 

19 and (b), and physical construction required for the purposes 

20 of mitigation shall be undertaken concurrently with the 

21 physical construction of such projects. 

22 SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 

23 (a) OPERATION.—To ensure the environmental sus24 tainability of the existing Upper Mississippi River and Illi25 nois Waterway System, the Secretary shall modify, con-
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1 sistent with requirements to avoid adverse effects on naviga2 tion, the operation of the Upper Mississippi River and Illi3 nois Waterway System to address the cumulative environ4 mental impacts of operation of the system and improve the 

5 ecological integrity of the Upper Mississippi River and Illi6 nois River. 

7 (b) ECOSYSTEM RESTORATION PROJECTS.—

8 (1) IN GENERAL.—The Secretary shall carry out, 

9 consistent with requirements to avoid adverse effects 

10 on navigation, ecosystem restoration projects to attain 

11 and maintain the sustainability of the ecosystem of 

12 the Upper Mississippi River and Illinois River in ac13 cordance with the general framework outlined in the 

14 Plan. 

15 (2) PROJECTS INCLUDED.—Ecosystem restora16 tion projects may include—

17 (A) island building; 

18 (B) construction of fish passages; 

19 (C) floodplain restoration; 

20 (D) water level management (including 

21 water drawdown); 

22 (E) backwater restoration; 

23 (F) side channel restoration; 

24 (G) wing dam and dike restoration and 

25 modification; 
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1 (H) island and shoreline protection; 

2 (I) topographical diversity; 

3 (J) dam point control; 

4 (K) use of dredged material for environ5 mental purposes; 

6 (L) tributary confluence restoration; 

7 (M) spillway, dam, and levee modification; 

8 and 

9 (N) land and easement acquisition. 

10 (3) COST SHARING.—

11 (A) IN GENERAL.—Except as provided in 

12 subparagraphs (B) and (C), the Federal share of 

13 the cost of carrying out an ecosystem restoration 

14 project under this subsection shall be 65 percent. 

15 (B) EXCEPTION FOR CERTAIN RESTORATION

16 PROJECTS.—In the case of a project under this 

17 section for ecosystem restoration, the Federal 

18 share of the cost of carrying out the project shall 

19 be 100 percent if the project—

20 (i) is located below the ordinary high 

21 water mark or in a connected backwater; 

22 (ii) modifies the operation of structures 

23 for navigation; or 

24 (iii) is located on federally owned land. 
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1 (C) SAVINGS CLAUSE.—Nothing in this sub2 section affects the applicability of section 906(e) 

3 of the Water Resources Development Act of 1986 

4 (33 U.S.C. 2283(e)). 

5 (D) NONGOVERNMENTAL ORGANIZATIONS.—

6 Notwithstanding section 221(b) of the Flood Con7 trol Act of 1970 (42 U.S.C. 1962d–5(b)), for any 

8 project carried out under this title, a non-Fed9 eral sponsor may include a nonprofit entity, 

10 with the consent of the affected local government. 

11 (4) LAND ACQUISITION.—The Secretary may ac12 quire land or an interest in land for an ecosystem 

13 restoration project from a willing seller through con14 veyance of—

15 (A) fee title to the land; or 

16 (B) a flood plain conservation easement. 

17 (c) ECOSYSTEM RESTORATION PRECONSTRUCTION EN18 GINEERING AND DESIGN.—

19 (1) RESTORATION DESIGN.—Before initiating the 

20 construction of any individual ecosystem restoration 

21 project, the Secretary shall—

22 (A) establish ecosystem restoration goals 

23 and identify specific performance measures de24 signed to demonstrate ecosystem restoration; 
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1 (B) establish the without-project condition 

2 or baseline for each performance indicator; and 

3 (C) for each separable element of the eco4 system restoration, identify specific target goals 

5 for each performance indicator. 

6 (2) OUTCOMES.—Performance measures identi7 fied under paragraph (1)(A) shall include specific 

8 measurable environmental outcomes, such as changes 

9 in water quality, hydrology, or the well-being of indi10 cator species the population and distribution of which 

11 are representative of the abundance and diversity of 

12 ecosystem-dependent aquatic and terrestrial species. 

13 (3) RESTORATION DESIGN.—Restoration design 

14 carried out as part of ecosystem restoration shall in15 clude a monitoring plan for the performance measures 

16 identified under paragraph (1)(A), including—

17 (A) a timeline to achieve the identified tar18 get goals; and 

19 (B) a timeline for the demonstration of 

20 project completion. 

21 (d) SPECIFIC PROJECTS AUTHORIZATION.—

22 (1) IN GENERAL.—There is authorized to be ap23 propriated to carry out this subsection 

24 $1,580,000,000, of which not more than $226,000,000 

25 shall be available for projects described in subsection 
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1 (b)(2)(B) and not more than $43,000,000 shall be 

2 available for projects described in subsection (b)(2)(J). 

3 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 

4 amounts made available under paragraph (1), not 

5 more than $35,000,000 in any fiscal year may be 

6 used for land acquisition under subsection (b)(4). 

7 (3) INDIVIDUAL PROJECT LIMIT.—Other than for 

8 projects described in subparagraphs (B) and (J) of 

9 subsection (b)(2), the total cost of any single project 

10 carried out under this subsection shall not exceed 

11 $25,000,000. 

12 (e) IMPLEMENTATION REPORTS.—

13 (1) IN GENERAL.—Not later than June 30, 2007, 

14 and every 4 years thereafter, the Secretary shall sub15 mit to the Committee on Environment and Public 

16 Works of the Senate and the Committee on Transpor17 tation and Infrastructure of the House of Representa18 tives an implementation report that—

19 (A) includes baselines, milestones, goals, 

20 and priorities for ecosystem restoration projects; 

21 and 

22 (B) measures the progress in meeting the 

23 goals. 

24 (2) ADVISORY PANEL.—
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1 (A) IN GENERAL.—The Secretary shall ap2 point and convene an advisory panel to provide 

3 independent guidance in the development of each 

4 implementation report under paragraph (1). 

5 (B) PANEL MEMBERS.—Panel members 

6 shall include—

7 (i) 1 representative of each of the State 

8 resource agencies (or a designee of the Gov9 ernor of the State) from each of the States 

10 of Illinois, Iowa, Minnesota, Missouri, and 

11 Wisconsin; 

12 (ii) 1 representative of the Department 

13 of Agriculture; 

14 (iii) 1 representative of the Depart15 ment of Transportation; 

16 (iv) 1 representative of the United 

17 States Geological Survey; 

18 (v) 1 representative of the United 

19 States Fish and Wildlife Service; 

20 (vi) 1 representative of the Environ21 mental Protection Agency; 

22 (vii) 1 representative of affected land23 owners; 

24 (viii) 2 representatives of conservation 

25 and environmental advocacy groups; and 
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1 (ix) 2 representatives of agriculture 

2 and industry advocacy groups. 

3 (C) CHAIRPERSON.—The Secretary shall 

4 serve as chairperson of the advisory panel. 

5 (D) APPLICATION OF FEDERAL ADVISORY

6 COMMITTEE ACT.—The Advisory Panel and any 

7 working group established by the Advisory Panel 

8 shall not be considered an advisory committee 

9 under the Federal Advisory Committee Act (5 

10 U.S.C. App.). 

11 (f) RANKING SYSTEM.—

12 (1) IN GENERAL.—The Secretary, in consultation 

13 with the Advisory Panel, shall develop a system to 

14 rank proposed projects. 

15 (2) PRIORITY.—The ranking system shall give 

16 greater weight to projects that restore natural river 

17 processes, including those projects listed in subsection 

18 (b)(2). 

19 SEC. 8005. COMPARABLE PROGRESS. 

20 (a) IN GENERAL.—As the Secretary conducts pre-engi21 neering, design, and construction for projects authorized 

22 under this title, the Secretary shall—

23 (1) select appropriate milestones; and 
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1 (2) determine, at the time of such selection, 

2 whether the projects are being carried out at com3 parable rates. 

4 (b) NO COMPARABLE RATE.—If the Secretary deter5 mines under subsection (a)(2) that projects authorized 

6 under this subsection are not moving toward completion at 

7 a comparable rate, annual funding requests for the projects 

8 shall be adjusted to ensure that the projects move toward 

9 completion at a comparable rate in the future. 
Union Calendar No. 94

109TH CONGRESS 

1ST SESSION H. R. 2864

[Report No. 109–154] 

A BILL

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the SecJUNE 24, 2005

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,