I 

109TH CONGRESS 

1ST SESSION H. R. 2864 

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 

A BILL 

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 
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Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCES PROJECTS 

Sec. 1001. Project authorizations. 

Sec. 1002. Small projects for flood damage reduction. 

Sec. 1003. Small projects for emergency streambank protection. 

Sec. 1004. Small projects for navigation. 

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

Sec. 1006. Small projects for aquatic ecosystem restoration. 

Sec. 1007. Small projects for shoreline protection. 

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. 

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. 
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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. Whittier, Alaska. 

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

Sec. 3007. Osceola Harbor, Arkansas. 

Sec. 3008. Pine Mountain Dam, Arkansas. 

Sec. 3009. Saint Francis Basin, Arkansas. 

Sec. 3010. American River Watershed, California. 

Sec. 3011. Compton Creek, California. 

Sec. 3012. Grayson Creek/Murderer’s Creek, California. 

Sec. 3013. Hamilton Airfield, California. 

Sec. 3014. John F. Baldwin Ship Channel and Stockton Ship Channel, California. 

Sec. 3015. Kaweah River, California. 

Sec. 3016. Larkspur Ferry Channel, Larkspur, California. 

Sec. 3017. Llagas Creek, California. 

Sec. 3018. Los Angeles Harbor, California. 

Sec. 3019. Magpie Creek, California. 

Sec. 3020. Pacific Flyway Center, Sacramento, California. 

Sec. 3021. Pinole Creek, California. 

Sec. 3022. Prado Dam, California. 

Sec. 3023. Sacramento and American Rivers Flood Control, California. 

Sec. 3024. Sacramento Deep Water Ship Channel, California. 

Sec. 3025. Sacramento River, Glenn-Colusa, California. 

Sec. 3026. Santa Cruz Harbor, California. 

Sec. 3027. Seven Oaks Dam, California. 

Sec. 3028. Upper Guadalupe River, California. 

Sec. 3029. Walnut Creek Channel, California. 

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

Sec. 3031. Wildcat/San Pablo Creek Phase II, California. 

Sec. 3032. Yuba River Basin project, California. 

Sec. 3033. John Martin Reservoir, Bent County, Colorado. 

Sec. 3034. Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland. 

Sec. 3035. Brevard County, Florida. 

Sec. 3036. Broward County and Hillsboro Inlet, Florida. 

Sec. 3037. Canaveral Harbor, Florida. 

Sec. 3038. Gasparilla and Estero Islands, Florida. 

Sec. 3039. Jacksonville Harbor, Florida. 

Sec. 3040. Lido Key Beach, Sarasota, Florida. 

Sec. 3041. Miami Harbor, Florida. 

Sec. 3042. Peanut Island, Florida. 

Sec. 3043. Tampa Harbor-Big Bend Channel, Florida. 

Sec. 3044. Tampa Harbor Cut B, Florida. 

Sec. 3045. Allatoona Lake, Georgia. 

Sec. 3046. Latham River, Glynn County, Georgia. 

Sec. 3047. Dworshak Dam and Reservoir improvements, Idaho. 

Sec. 3048. Beardstown Community Boat Harbor, Beardstown, Illinois. 

Sec. 3049. Cache River Levee, Illinois. 

Sec. 3050. Chicago River, Illinois. 

Sec. 3051. Chicago Sanitary and Ship Canal, Illinois. 
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Sec. 3052. Emiquon, Illinois. 

Sec. 3053. LaSalle, Illinois. 

Sec. 3054. Spunky Bottoms, Illinois. 

Sec. 3055. Fort Wayne and vicinity, Indiana. 

Sec. 3056. Koontz Lake, Indiana. 

Sec. 3057. Little Calumet River, Indiana. 

Sec. 3058. White River, Indiana. 

Sec. 3059. Des Moines River and Greenbelt, Iowa. 

Sec. 3060. Prestonsburg, Kentucky. 

Sec. 3061. Amite River and Tributaries, Louisiana, East Baton Rouge Parish 

Watershed. 

Sec. 3062. Atchafalaya Basin, Louisiana. 

Sec. 3063. Bayou Plaquemine, Louisiana. 

Sec. 3064. Atchafalaya Basin Floodway System, Louisiana. 

Sec. 3065. J. Bennett Johnston Waterway, Mississippi River to Shreveport, 

Louisiana. 

Sec. 3066. Mississippi Delta Region, Louisiana. 

Sec. 3067. New Orleans to Venice, Louisiana. 

Sec. 3068. West bank of the Mississippi River (East of Harvey Canal), Louisiana. 

Sec. 3069. Camp Ellis, Saco, Maine. 

Sec. 3070. Union River, Maine. 

Sec. 3071. Gwynns Falls Watershed, Baltimore, Maryland. 

Sec. 3072. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3073. St. Joseph Harbor, Michigan. 

Sec. 3074. Sault Sainte Marie, Michigan. 

Sec. 3075. Ada, Minnesota. 

Sec. 3076. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3077. Grand Portage Harbor, Minnesota. 

Sec. 3078. Granite Falls, Minnesota. 

Sec. 3079. Knife River Harbor, Minnesota. 

Sec. 3080. Red Lake River, Minnesota. 

Sec. 3081. Silver Bay, Minnesota. 

Sec. 3082. Taconite Harbor, Minnesota. 

Sec. 3083. Two Harbors, Minnesota. 

Sec. 3084. Deer Island, Harrison County, Mississippi. 

Sec. 3085. Pearl River Basin, Mississippi. 

Sec. 3086. Festus and Crystal City, Missouri. 

Sec. 3087. Monarch-Chesterfield, Missouri. 

Sec. 3088. River Des Peres, Missouri. 

Sec. 3089. Antelope Creek, Lincoln, Nebraska. 

Sec. 3090. Sand Creek watershed, Wahoo, Nebraska. 

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. Willamette River temperature control, McKenzie Subbasin, Oregon. 

Sec. 3100. Delaware River, Pennsylvania, New Jersey, and Delaware. 

Sec. 3101. Raystown Lake, Pennsylvania. 

Sec. 3102. Sheraden Park Stream and Chartiers Creek, Allegheny County, 

Pennsylvania. 
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Sec. 3103. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3104. South Central Pennsylvania. 

Sec. 3105. Wyoming Valley, Pennsylvania. 

Sec. 3106. Cedar Bayou, Texas. 

Sec. 3107. Freeport Harbor, Texas. 

Sec. 3108. Johnson Creek, Arlington, Texas. 

Sec. 3109. Lake Kemp, Texas. 

Sec. 3110. Lower Rio Grande Basin, Texas. 

Sec. 3111. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3112. Pat Mayse Lake, Texas. 

Sec. 3113. Proctor Lake, Texas. 

Sec. 3114. San Antonio Channel, San Antonio, Texas. 

Sec. 3115. James River, Virginia. 

Sec. 3116. Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties, Virginia. 

Sec. 3117. Tangier Island Seawall, Virginia. 

Sec. 3118. Duwamish/Green, Washington. 

Sec. 3119. Yakima River, Port of Sunnyside, Washington. 

Sec. 3120. Greenbrier River Basin, West Virginia. 

Sec. 3121. Lesage/Greenbottom Swamp, West Virginia. 

Sec. 3122. Northern West Virginia. 

Sec. 3123. Manitowoc Harbor, Wisconsin. 

Sec. 3124. Mississippi River headwaters reservoirs. 

Sec. 3125. Continuation of project authorizations. 

Sec. 3126. Project reauthorizations. 

Sec. 3127. Project deauthorizations. 

Sec. 3128. Land conveyances. 

Sec. 3129. 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. St. George Harbor, Alaska. 

Sec. 4006. Susitna River, Alaska. 

Sec. 4007. Gila Bend, Maricopa, Arizona. 

Sec. 4008. Searcy County, Arkansas. 

Sec. 4009. Dry Creek Valley, California. 

Sec. 4010. Elkhorn Slough estuary, California. 

Sec. 4011. Los Angeles River, California. 

Sec. 4012. Lytle Creek, Rialto, California. 

Sec. 4013. Mokelumne River, San Joaquin County, California. 

Sec. 4014. Napa River, St. Helena, California. 

Sec. 4015. Orick, California. 

Sec. 4016. Sacramento River, California. 

Sec. 4017. San Diego County, California. 

Sec. 4018. San Francisco Bay, Sacramento-San Joaquin Delta, California. 

Sec. 4019. South San Francisco Bay shoreline study, California. 

Sec. 4020. Twentynine Palms, California. 

Sec. 4021. Yucca Valley, California. 

Sec. 4022. Boulder Creek, Boulder, Colorado. 

Sec. 4023. Roaring Fork River, Basalt, Colorado. 

Sec. 4024. Delaware and Christina Rivers and Shellpot Creek, Wilmington, 

Delaware. 
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Sec. 4025. Collier County beaches, Florida. 

Sec. 4026. Vanderbilt Beach Lagoon, Florida. 

Sec. 4027. Meriwether County, Georgia. 

Sec. 4028. Tybee Island, Georgia. 

Sec. 4029. Kaukonahua-Helemano watershed, Oahu, Hawaii. 

Sec. 4030. West Maui, Maui, Hawaii. 

Sec. 4031. Boise River, Idaho. 

Sec. 4032. Ballard’s Island Side Channel, Illinois. 

Sec. 4033. Chicago, Illinois. 

Sec. 4034. South Branch, Chicago River, Chicago, Illinois. 

Sec. 4035. Utica, Illinois. 

Sec. 4036. Lake and Porter Counties, Indiana. 

Sec. 4037. Salem, Indiana. 

Sec. 4038. Buckhorn Lake, Kentucky. 

Sec. 4039. Dewey Lake, Kentucky. 

Sec. 4040. Louisville, Kentucky. 

Sec. 4041. Bastrop-Morehouse Parish, Louisiana. 

Sec. 4042. Offshore oil and gas fabrication ports, Louisiana. 

Sec. 4043. Vermilion River, Louisiana. 

Sec. 4044. West Feliciana Parish, Louisiana. 

Sec. 4045. Patapsco River, Maryland. 

Sec. 4046. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 4047. Hamburg and Green Oak Townships, Michigan. 

Sec. 4048. St. Clair River, Michigan. 

Sec. 4049. Duluth-Superior Harbor, Minnesota and Wisconsin. 

Sec. 4050. Wild Rice River, Minnesota. 

Sec. 4051. Mississippi coastal area, Mississippi. 

Sec. 4052. Northeast Mississippi. 

Sec. 4053. St. Louis, Missouri. 

Sec. 4054. Dredged material disposal, New Jersey. 

Sec. 4055. Bayonne, New Jersey. 

Sec. 4056. Carteret, New Jersey. 

Sec. 4057. Elizabeth River, Elizabeth, New Jersey. 

Sec. 4058. Gloucester County, New Jersey. 

Sec. 4059. Perth Amboy, New Jersey. 

Sec. 4060. Wreck Pond, Monmouth County, New Jersey. 

Sec. 4061. Batavia, New York. 

Sec. 4062. Big Sister Creek, Evans, New York. 

Sec. 4063. East Chester Bay, Turtle Cove, New York. 

Sec. 4064. Hudson-Raritan Estuary, New York and New Jersey. 

Sec. 4065. Lake Erie Shoreline, Buffalo, New York. 

Sec. 4066. Newtown Creek, New York. 

Sec. 4067. Niagara River, New York. 

Sec. 4068. Upper Delaware River watershed, New York. 

Sec. 4069. Lincoln County, North Carolina. 

Sec. 4070. Wilkes County, North Carolina. 

Sec. 4071. Yadkinville, North Carolina. 

Sec. 4072. Cincinnati, Ohio. 

Sec. 4073. Euclid, Ohio. 

Sec. 4074. Lake Erie, Ohio. 

Sec. 4075. Ohio River, Ohio. 

Sec. 4076. Sutherlin, Oregon. 

Sec. 4077. Tillamook Bay and Bar, Oregon. 

Sec. 4078. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4079. Walla Walla River basin, Oregon. 
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Sec. 4080. Chartiers Creek watershed, Pennsylvania. 

Sec. 4081. Kinzua Dam and Allegheny Reservoir, Pennsylvania. 

Sec. 4082. North Central Pennsylvania. 

Sec. 4083. Northampton and Lehigh Counties streams, Pennsylvania. 

Sec. 4084. Western Pennsylvania flood damage reduction. 

Sec. 4085. Williamsport, Pennsylvania. 

Sec. 4086. Yardley Borough, Pennsylvania. 

Sec. 4087. Crooked Creek, Bennettsville, South Carolina. 

Sec. 4088. Broad River, York County, South Carolina. 

Sec. 4089. Georgetown and Williamsburg Counties, South Carolina. 

Sec. 4090. Chattanooga, Tennessee. 

Sec. 4091. Cleveland, Tennessee. 

Sec. 4092. Cumberland River, Nashville, Tennessee. 

Sec. 4093. Lewis, Lawrence, and Wayne Counties, Tennessee. 

Sec. 4094. Wolf River and Nonconnah Creek, Memphis Tennessee. 

Sec. 4095. Abilene, Texas. 

Sec. 4096. Coastal Texas ecosystem protection and restoration, Texas. 

Sec. 4097. Fort Bend County, Texas. 

Sec. 4098. Harris County, Texas. 

Sec. 4099. Port of Galveston, Texas. 

Sec. 4100. Roma Creek, Texas. 

Sec. 4101. Walnut Creek, Texas. 

Sec. 4102. Grand County and Moab, Utah. 

Sec. 4103. Southwestern Utah. 

Sec. 4104. Chowan River Basin, Virginia and North Carolina. 

Sec. 4105. James River, Richmond, Virginia. 

Sec. 4106. Elliott Bay Seawall, Seattle, Washington. 

Sec. 4107. Monongahela River basin, Northern West Virginia. 

Sec. 4108. Kenosha Harbor, Wisconsin. 

Sec. 4109. Wauwatosa, Wisconsin. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 5001. Maintenance of navigation channels. 

Sec. 5002. Watershed management. 

Sec. 5003. Dam safety. 

Sec. 5004. Structural integrity evaluations. 

Sec. 5005. Flood mitigation priority areas. 

Sec. 5006. Additional assistance for authorized projects. 

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

projects. 

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

Sec. 5009. Southeastern water resources assessment. 

Sec. 5010. Upper Mississippi River environmental management program. 

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. 
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Sec. 5020. Lock and dam security. 

Sec. 5021. Tallapoosa, Alabama. 

Sec. 5022. Alaska. 

Sec. 5023. Fort Yukon, Alaska. 

Sec. 5024. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5025. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5026. Valdez, Alaska. 

Sec. 5027. Wrangell Harbor, Alaska. 

Sec. 5028. Augusta and Clarendon, Arkansas. 

Sec. 5029. Des Arc levee protection, Arkansas. 

Sec. 5030. Helena and vicinity, Arkansas. 

Sec. 5031. Loomis Landing, Arkansas. 

Sec. 5032. St. Francis River basin, Arkansas and Missouri. 

Sec. 5033. White River basin, Arkansas. 

Sec. 5034. Cambria, California. 

Sec. 5035. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5036. Dana Point Harbor, California. 

Sec. 5037. East San Joaquin County, California. 

Sec. 5038. Pine Flat Dam and Reservoir, California. 

Sec. 5039. Sacramento deep water ship channel, California. 

Sec. 5040. San Francisco, California. 

Sec. 5041. San Francisco, California, waterfront area. 

Sec. 5042. Santa Venetia, California. 

Sec. 5043. Stockton, California. 

Sec. 5044. Victor V. Veysey Dam, California. 

Sec. 5045. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 5046. Christina River shipwreck, Delaware. 

Sec. 5047. Florida Keys water quality improvements. 

Sec. 5048. Lake Worth, Florida. 

Sec. 5049. Lake Lanier, Georgia. 

Sec. 5050. Riley Creek Recreation Area, Idaho. 

Sec. 5051. Reconstruction of Illinois flood protection projects. 

Sec. 5052. Kaskaskia River basin, Illinois, restoration. 

Sec. 5053. Floodplain mapping, Little Calumet River, Chicago, Illinois. 

Sec. 5054. Natalie Creek, Midlothian and Oak Forest, Illinois. 

Sec. 5055. Illinois River basin restoration. 

Sec. 5056. Promontory Point, Lake Michigan, Illinois. 

Sec. 5057. Burns Waterway Harbor, Indiana. 

Sec. 5058. Calumet region, Indiana. 

Sec. 5059. Floodplain mapping, Missouri River, Iowa. 

Sec. 5060. Rathbun Lake, Iowa. 

Sec. 5061. Cumberland River basin, Kentucky. 

Sec. 5062. Louisville, Kentucky. 

Sec. 5063. Mayfield Creek and tributaries, Kentucky. 

Sec. 5064. North Fork, Kentucky River, Breathitt County, Kentucky. 

Sec. 5065. Paducah, Kentucky. 

Sec. 5066. Southern and eastern Kentucky. 

Sec. 5067. Winchester, Kentucky. 

Sec. 5068. Baton Rouge, Louisiana. 

Sec. 5069. Calcasieu Ship Channel, Louisiana. 

Sec. 5070. Cross Lake, Shreveport, Louisiana. 

Sec. 5071. West Baton Rouge Parish, Louisiana. 

Sec. 5072. Charlestown, Maryland. 
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Sec. 5073. Delmarva Conservation Corridor, Maryland and Delaware. 

Sec. 5074. Massachusetts dredged material disposal sites. 

Sec. 5075. Ontonagon Harbor, Michigan. 

Sec. 5076. St. Clair River and Lake St. Clair, Michigan. 

Sec. 5077. Crookston, Minnesota. 

Sec. 5078. Garrison and Kathio Township, Minnesota. 

Sec. 5079. Minneapolis, Minnesota. 

Sec. 5080. Northeastern Minnesota. 

Sec. 5081. Harrison, Hancock, and Jackson Counties, Mississippi. 

Sec. 5082. Mississippi River, Missouri, and Illinois. 

Sec. 5083. St. Louis, Missouri. 

Sec. 5084. Acid Brook, Pompton Lakes, New Jersey. 

Sec. 5085. Hackensack Meadowlands area, New Jersey. 

Sec. 5086. Central New Mexico, New Mexico. 

Sec. 5087. Atlantic Coast of New York. 

Sec. 5088. College Point, New York City, New York. 

Sec. 5089. Flushing Bay and Creek, New York City, New York. 

Sec. 5090. Hudson River, New York. 

Sec. 5091. Mount Morris Dam, New York. 

Sec. 5092. Onondaga Lake, New York. 

Sec. 5093. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5094. Stanly County, North Carolina. 

Sec. 5095. W. Kerr Scott Dam and Reservoir, North Carolina. 

Sec. 5096. Ohio. 

Sec. 5097. Toussaint River, Ohio. 

Sec. 5098. Eugene, Oregon. 

Sec. 5099. John Day Lock and Dam, Lake Umatilla, Oregon and Washington. 

Sec. 5100. Lowell, Oregon. 

Sec. 5101. Allegheny County, Pennsylvania. 

Sec. 5102. Lehigh River, Lehigh County, Pennsylvania. 

Sec. 5103. Northeast Pennsylvania. 

Sec. 5104. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 5105. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5106. Beaufort and Jasper Counties, South Carolina. 

Sec. 5107. Fritz Landing, Tennessee. 

Sec. 5108. J. Percy Priest Dam and Reservoir, Tennessee. 

Sec. 5109. Town Creek, Lenoir City, Tennessee. 

Sec. 5110. Tennessee River partnership. 

Sec. 5111. Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi. 

Sec. 5112. Dallas Floodway, Dallas, Texas. 

Sec. 5113. Harris County, Texas. 

Sec. 5114. Onion Creek, Texas. 

Sec. 5115. Dyke Marsh, Fairfax County, Virginia. 

Sec. 5116. Eastern Shore and southwest Virginia. 

Sec. 5117. James River, Virginia. 

Sec. 5118. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5119. Hamilton Island campground, Washington. 

Sec. 5120. Puget Island, Washington. 

Sec. 5121. Willapa Bay, Washington. 

Sec. 5122. Bluestone, West Virginia. 

Sec. 5123. West Virginia and Pennsylvania flood control. 

Sec. 5124. Lower Kanawha River basin, West Virginia. 

Sec. 5125. Central West Virginia. 

Sec. 5126. Southern West Virginia. 
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Sec. 5127. Johnsonville Dam, Johnsonville, Wisconsin. 

Sec. 5128. Construction of flood control projects by non-Federal interests. 

Sec. 5129. 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. Hillsboro and Okeechobee Aquifer, Florida. 

Sec. 6009. Deauthorizations. 

Sec. 6010. 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. 

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 Sec3 retary 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 
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1 out by the Secretary substantially in accordance with the 

2 plans, and subject to the conditions, described in the re3 spective reports designated in this section: 

4 (1) AKUTAN, ALASKA.— 

5 (A) IN GENERAL.—The project for naviga6 tion, Akutan, Alaska: Report of the Chief of 

7 Engineers dated December 20, 2004, at a total 

8 cost of $19,700,000. 

9 (B) TREATMENT OF CERTAIN DREDG10 ING.—The headlands dredging for the mooring 

11 basin shall be considered a general navigation 

12 feature for purposes of estimating the non-Fed13 eral share of the cost of the project. 

14 (2) HAINES SMALL BOAT HARBOR, HAINES, 

15 ALASKA.—The project for navigation, Haines Small 

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

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

18 $12,200,000, with an estimated Federal cost of 

19 $9,700,000 and an estimated non-Federal cost of 

20 $2,500,000. 

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

22 project for environmental restoration, Tanque Verde 

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

24 dated July 22, 2003, at a total cost of $4,978,000, 
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1 with an estimated Federal cost of $3,236,000 and 

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

3 (4) VA SHILY’ AY AKIMEL, SALT RIVER RES4 TORATION, ARIZONA.—The project for ecosystem 

5 restoration, Va Shily’ Ay Akimel, Salt River, Ari6 zona: Report of the Chief of Engineers dated Janu7 ary 3, 2005, at a total cost of $138,968,000, with 

8 an estimated Federal cost of $90,129,000 and an es9 timated non-Federal cost of $48,839,000. 

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

11 for flood damage reduction and ecosystem restora12 tion, Hamilton City, California: Report of the Chief 

13 of Engineers dated December 22, 2004, at a total 

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

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

16 $17,600,000. 

17 (6) IMPERIAL BEACH, CALIFORNIA.—The 

18 project for storm damage reduction, Imperial Beach, 

19 California: Report of the Chief of Engineers, dated 

20 December 30, 2003, at a total cost of $11,862,000, 

21 with an estimated Federal cost of $7,592,000 and 

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

23 an estimated total cost of $38,004,000 for periodic 

24 beach nourishment over the 50-year life of the 

25 project, with an estimated Federal cost of 
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1 $19,002,000 and an estimated non-Federal cost of 

2 $19,002,000. 

3 (7) MATILIJA DAM, VENTURA COUNTY, CALI4 FORNIA.—The project for ecosystem restoration, 

5 Matilija Dam and Ventura River Watershed, Ven6 tura County, California: Report of the Chief of En7 gineers dated December 20, 2004, at a total cost of 

8 $130,335,000, with an estimated Federal cost of 

9 $78,973,000 and an estimated non-Federal cost of 

10 $51,362,000. 

11 (8) MIDDLE CREEK, LAKE COUNTY, CALI12 FORNIA.—The project for ecosystem restoration and 

13 flood damage reduction, Middle Creek, Lake County, 

14 California: Report of the Chief of Engineers dated 

15 November 29, 2004, at a total cost of $41,793,000, 

16 with an estimated Federal cost of $27,256,000 and 

17 an estimated non-Federal cost of $14,537,000. 

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

19 (A) IN GENERAL.—The project for eco20 system restoration, Napa River Salt Marsh, 

21 Nap River, California: Report of the Chief of 

22 Engineers dated December 22, 2004, at a total 

23 cost of $100,500,000, with an estimated Fed24 eral cost of $64,000,000 and an estimated non25 Federal cost of $36,500,000. 
14 

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1 (B) PROJECT FEATURES.—In carrying out 

2 the project, the Secretary shall include con3 struction of a recycled water pipeline extending 

4 from the Sonoma Valley County Sanitation Dis5 trict Waste Water Treatment Plant and the 

6 Napa Sanitation District Waste Water Treat7 ment Plant as part of the project and restora8 tion and enhancement of Salt Ponds 1, 1A, 2, 

9 and 3. 

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

12 Denver County Reach, South Platte River, Denver, 

13 Colorado: Report of the Chief of Engineers, dated 

14 May 16, 2003, at a total cost of $18,824,000, with 

15 an estimated Federal cost of $12,236,000 and an es16 timated non-Federal cost of $6,588,000. 

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

18 FLORIDA.— 

19 (A) IN GENERAL.—The project for naviga20 tion, Miami Harbor, Miami-Dade County, Flor21 ida: Report of the Chief of Engineers dated 

22 April 25, 2005, at a total cost of $121,127,000, 

23 with an estimated Federal cost of $64,843,000 

24 and an estimated non-Federal cost of 

25 $56,284,000. 
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1 (B) GENERAL REEVALUATION REPORT.— 

2 The non-Federal share of the cost of the gen3 eral reevaluation report that resulted in the re4 port of the Chief of Engineers referred to in 

5 subparagraph (A) shall be the same percentage 

6 as the non-Federal share of cost of construction 

7 of the project. 

8 (C) AGREEMENT.—The Secretary shall 

9 enter into a new partnership with the non-Fed10 eral interest to reflect the cost sharing required 

11 by subparagraph (B). 

12 (12) EAST ST. LOUIS AND VICINITY, ILLI13 NOIS.—The project for ecosystem restoration, East 

14 St. Louis and vicinity, Illinois: Report of the Chief 

15 of Engineers dated December 22, 2004, at a total 

16 cost of $191,158,000, with an estimated Federal 

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

18 cost of $67,351,000. 

19 (13) PEORIA RIVERFRONT, ILLINOIS.—The 

20 project for environmental restoration, Peoria River21 front, Illinois: Report of the Chief of Engineers, 

22 dated July 28, 2003, at a total cost of $16,000,000, 

23 with an estimated Federal cost of $10,400,000 and 

24 an estimated non-Federal cost of $5,600,000. 
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1 (14) BAYOU SORREL LOCK, LOUISIANA.—The 

2 project for navigation, Bayou Sorrel Lock, Lou3 isiana: Report of the Chief of Engineers dated Janu4 ary 3, 2005, at a total cost of $9,000,000. The costs 

of construction of the project shall be paid 1 5 ⁄2 from 

6 amounts appropriated from the general fund of the 

Treasury and 1 7 ⁄2 from amounts appropriated from 

8 the Inland Waterways Trust Fund. 

9 (15) MORGANZA TO THE GULF OF MEXICO, 

10 LOUISIANA.— 

11 (A) IN GENERAL.—The project for hurri12 cane and storm damage reduction, Morganza to 

13 the Gulf of Mexico, Louisiana: Reports of the 

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

15 July 22, 2003, at a total cost of $788,000,000 

16 with an estimated Federal cost of $512,200,000 

17 and an estimated non-Federal cost of 

18 $275,800,000. 

19 (B) CREDIT.—The Secretary shall credit 

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

21 project the cost of design and construction work 

22 carried out by the non-Federal interest before 

23 the date of the partnership agreement for the 

24 project if the Secretary determines that the 

25 work is integral to the project. 
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1 (16) SWOPE PARK INDUSTRIAL AREA, MIS2 SOURI.—The project for flood damage reduction, 

3 Swope Park Industrial Area, Missouri: Report of the 

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

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

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

7 cost of $5,489,000. 

8 (17) MANASQUAN TO BARNEGAT INLET, NEW

9 JERSEY.—The project for hurricane and storm dam10 age reduction, Manasquan to Barnegat Inlet, New 

11 Jersey: Report of the Chief of Engineers dated De12 cember 30, 2003, at a total cost of $65,800,000, 

13 with an estimated Federal cost of $42,800,000 and 

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

15 at an estimated total cost of $108,000,000 for peri16 odic beach nourishment over the 50-year life of the 

17 project, with an estimated Federal cost of 

18 $54,000,000 and an estimated non-Federal cost of 

19 $54,000,000. 

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

21 for hurricane and storm damage reduction and envi22 ronmental restoration, South River, New Jersey: Re23 port of the Chief of Engineers, dated July 22, 2003, 

24 at a total cost of $112,623,000, with an estimated 
18 

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1 Federal cost of $73,205,000 and an estimated non2 Federal cost of $39,418,000. 

3 (19) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

4 MEXICO.—The project for flood damage reduction, 

5 Southwest Valley, Albuquerque, New Mexico: Report 

6 of the Chief of Engineers dated November 29, 2004, 

7 at a total cost of $19,494,000, with an estimated 

8 Federal cost of $12,671,000 and an estimated non9 Federal cost of $6,823,000. 

10 (20) CORPUS CHRISTI SHIP CHANNEL, CORPUS

11 CHRISTI, TEXAS.—The project for navigation and 

12 environmental restoration, Corpus Christi Ship 

13 Channel, Texas, Channel Improvement Project: Re14 port of the Chief of Engineers dated June 2, 2003, 

15 at a total cost of $172,940,000, with an estimated 

16 Federal cost of $80,086,000 and an estimated non17 Federal cost of $92,823,000. 

18 (21) GULF INTRACOASTAL WATERWAY, HIGH

19 ISLAND TO BRAZOS RIVER, TEXAS.—The project for 

20 navigation, Gulf Intracoastal Waterway, Sabine 

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

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

23 of $13,104,000. The costs of construction of the 

project are to be paid 1 24 ⁄2 from amounts appropriated 

from the general fund of the Treasury and 1 25 ⁄2 from 
19 

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1 amounts appropriated from the Inland Waterways 

2 Trust Fund. 

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

4 navigation, Gulf Intracoastal Waterway, Brazos 

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

6 Texas: Report of the Chief of Engineers, dated De7 cember 24, 2002, at a total cost of $15,960,000. 

8 The costs of construction of the project are to be 

paid 1 9 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 10 ⁄2 from amounts appro11 priated from the Inland Waterways Trust Fund. 

12 (23) RIVERSIDE OXBOW, FORT WORTH, 

13 TEXAS.— 

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

16 Worth, Texas: Report of the Chief of Engineers 

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

18 $25,200,000, with an estimated Federal cost of 

19 $10,400,000 and an estimated non-Federal cost 

20 of $14,800,000. 

21 (B) CREDIT.—The Secretary shall credit 

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

23 project the cost of design and construction work 

24 carried out on the Beach Street Dam and asso25 ciated features by the non-Federal interest be-
20 

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1 fore the date of the partnership agreement for 

2 the project if the Secretary determines that the 

3 work is integral to the project. 

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

5 The project for the Atlantic Intracoastal Waterway 

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

8 3, 2003, at a Federal cost of $35,573,000. 

9 (25) CHEHALIS RIVER, CENTRALIA, WASH10 INGTON.— 

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

12 damage reduction, Chehalis River, Centralia, 

13 Washington: Report of the Chief of Engineers 

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

15 $109,850,000, with an estimated Federal cost 

16 of $66,425,000 and an estimated non-Federal 

17 cost of $43,425,000. 

18 (B) CREDIT.—The Secretary shall— 

19 (i) credit up to $6,500,000 toward the 

20 non-Federal share of the cost of the 

21 project for the cost of planning and design 

22 work carried out by the non-Federal inter23 est in accordance with the project study 

24 plan dated November 28, 1999; and 
21 

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1 (ii) credit toward the non-Federal 

2 share of the cost of the project the cost of 

3 design and construction work carried out 

4 by the non-Federal interest before the date 

5 of the partnership agreement for the 

6 project if the Secretary determines that the 

7 work is integral to the project. 

8 (C) ADDITIONAL FLOOD STORAGE AT

9 SKOOKUMCHUCK DAM.—The Secretary shall in10 tegrate into the project the locally preferred 

11 plan to provide an additional 9,000 acre-feet of 

12 storage capacity at Skookumchuck Dam, Wash13 ington, upon a determination by the Secretary 

14 that providing such additional storage capacity 

15 is feasible. 

16 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC17 TION. 

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

19 study for each of the following projects and, if the Sec20 retary determines that a project is feasible, may carry out 

21 the project under section 205 of the Flood Control Act 

22 of 1948 (33 U.S.C. 701s): 

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

24 damage reduction, Haleyville, Alabama. 
22 

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

2 damage reduction, Weiss Lake, Alabama. 

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

4 for flood damage reduction, Chino Valley Wash, Ari5 zona. 

6 (4) LITTLE COLORADO RIVER LEVEE, ARI7 ZONA.—Project for flood damage reduction, Little 

8 Colorado River Levee, Arizona. 

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

10 Project for flood damage reduction, Cache River 

11 Basin, Grubbs, Arkansas. 

12 (6) BARREL SPRINGS WASH, PALMDALE, CALI13 FORNIA.—Project for flood damage reduction, Barrel 

14 Springs Wash, Palmdale, California. 

15 (7) BORREGO SPRINGS, CALIFORNIA.—Project 

16 for flood damage reduction, Borrego Springs, Cali17 fornia. 

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

19 damage reduction, Colton, California. 

20 (9) DUNLAP STREAM, SAN BERNARDINO, CALI21 FORNIA.—Project for flood damage reduction, 

22 Dunlap Stream, San Bernardino, California. 

23 (10) HUNTS CANYON WASH, PALMDALE, CALI24 FORNIA.—Project for flood damage reduction, Hunts 

25 Canyon Wash, Palmdale, California. 
23 

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1 (11) WILDWOOD CREEK, YUCAIPA, CALI2 FORNIA.—Project for flood damage reduction, Wild3 wood Creek, Yucaipa, California. 

4 (12) UTICA AND VICINITY, ILLINOIS.—Project 

5 for flood damage reduction, Utica and vicinity, Illi6 nois. 

7 (13) DES MOINES AND RACCOON RIVERS, 

8 IOWA.—Project for flood damage reduction, Des 

9 Moines and Raccoon Rivers, Iowa. 

10 (14) PEABODY, MASSACHUSETTS.—Project for 

11 flood damage reduction, Peabody, Massachusetts. 

12 (15) SALEM, MASSACHUSETTS.—Project for 

13 flood damage reduction, Salem, Massachusetts. 

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

15 damage reduction, Cass River, Vassar and vicinity, 

16 Michigan. 

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

18 Project for flood damage reduction, Crow River, 

19 Rockford, Minnesota. 

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

21 flood damage reduction, Trout Lake and Canisteo 

22 Pit, Itasca County, Minnesota. 

23 (19) MARSH CREEK, MINNESOTA.—Project for 

24 flood damage reduction, Marsh Creek, Minnesota. 
24 

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

2 Project for flood damage reduction, Roseau River, 

3 Roseau, Minnesota. 

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

5 BORUP, MINNESOTA.—Project for flood damage re6 duction, South Branch of the Wild Rice River, 

7 Borup, Minnesota. 

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

11 (23) CANNISTEO RIVER, ADDISON, NEW

12 YORK.—Project for flood damage reduction, 

13 Cannisteo River, Addison, New York. 

14 (24) COHOCTON RIVER, CAMPBELL, NEW

15 YORK.—Project for flood damage reduction, 

16 Cohocton River, Campbell, New York. 

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

18 CITY, NEW YORK.—Project for flood damage reduc19 tion, East River, Silver Beach, New York City, New 

20 York. 

21 (26) EAST VALLEY CREEK, ANDOVER, NEW

22 YORK.—Project for flood damage reduction, East 

23 Valley Creek, Andover, New York. 
25 

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1 (27) SUNNYSIDE BROOK, WESTCHESTER COUN2 TY, NEW YORK.—Project for flood damage reduction, 

3 Sunnyside 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 reduc8 tion, Little Neshaminy Creek, Warrenton, Pennsyl9 vania. 

10 (30) SOUTHAMPTON CREEK WATERSHED, 

11 SOUTHAMPTON, PENNSYLVANIA.—Project for flood 

12 damage reduction, Southampton Creek watershed, 

13 Southampton, Pennsylvania. 

14 (31) SPRING CREEK, LOWER MACUNGIE TOWN15 SHIP, PENNSYLVANIA.—Project for flood damage re16 duction, Spring Creek, Lower Macungie Township, 

17 Pennsylvania. 

18 (32) YARDLEY AQUEDUCT, SILVER AND BROCK

19 CREEKS, YARDLEY, PENNSYLVANIA.—Project for 

20 flood damage reduction, Yardley Aqueduct, Silver 

21 and Brock Creeks, Yardley, Pennsylvania. 

22 (33) SURFSIDE BEACH, SOUTH CAROLINA.— 

23 Project for flood damage reduction, Surfside Beach 

24 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 dam5 age 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 

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

15 of the Water Resources Development Act of 1974 

16 (88 Stat. 41). 

17 (2) WILDWOOD CREEK, YUCAIPA, CALI18 FORNIA.—The Secretary shall review the locally pre19 pared plan for the project for flood damage, Wild20 wood Creek, California, referred to in subsection 

21 (a)(11) and, if the Secretary determines that the 

22 plan meets the evaluation and design standards of 

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

24 the Secretary may use the plan to carry out the 

25 project and shall provide credit toward the non-Fed-
27 

•HR 2864 IH 

1 eral share of the cost of the project for the cost of 

2 work carried out by the non-Federal interest before 

3 the date of the partnership agreement for the 

4 project if the Secretary determines that the work is 

5 integral to the project. 

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

7 project for flood damage reduction, South Branch of 

8 the Wild Rice River, Borup, Minnesota, referred to 

9 in subsection (a)(21) the Secretary may consider na10 tional ecosystem restoration benefits in determining 

11 the Federal interest in the project and shall allow 

12 the non-Federal interest to participate in the financ13 ing of the project in accordance with section 903(c) 

14 of the Water Resources Development Act of 1986 

15 (100 Stat. 4184) to the extent that the Secretary’s 

16 evaluation indicates that applying such section is 

17 necessary to implement the project. 

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

19 out the project for flood damage reduction, Itasca 

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

21 the Secretary may consider national ecosystem res22 toration benefits in determining the Federal interest 

23 in the project. 

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

25 out the project for flood damage reduction, Dilley, 
28 

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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 

7 a project is feasible, may carry out the project under sec8 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 

9 701r): 

10 (1) OUACHITA AND BLACK RIVERS, ARKANSAS

11 AND LOUISIANA.—Projects for emergency 

12 streambank protection, Ouachita and Black Rivers, 

13 Arkansas and Louisiana. 

14 (2) FRANKLIN POINT PARK, ANNE ARUNDEL

15 COUNTY, MARYLAND.—Project for emergency 

16 streambank protection, Franklin Point Park, Anne 

17 Arundel County, Maryland. 

18 (3) MAYO BEACH PARK, ANNE ARUNDEL COUN19 TY, MARYLAND.—Project for emergency streambank 

20 protection, Mayo Beach Park, Anne Arundel County, 

21 Maryland. 

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

23 COUNTY, MARYLAND.—Project for emergency 

24 streambank protection, Piney Point Lighthouse, St. 

25 Mary’s County, Maryland. 
29 

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1 (5) ST. JOSEPH HARBOR, MICHIGAN.—Project 

2 for emergency streambank protection, St. Joseph 

3 Harbor, 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

8 COUNTY, MISSOURI.—Project for emergency 

9 streambank protection, Middle Fork Grand River, 

10 Gentry County, Missouri. 

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

12 Project for emergency streambank protection, Platte 

13 River, Platte City, Missouri. 

14 (9) KEUKA LAKE, HAMMONDSPORT, NEW

15 YORK.—Project for emergency streambank protec16 tion, Keuka Lake, Hammondsport, New York. 

17 (10) KOWAWESE UNIQUE AREA AND HUDSON

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

19 emergency streambank protection, Kowawese Unique 

20 Area and Hudson River, New Windsor, New York. 

21 (11) HOWARD ROAD OUTFALL, SHELBY COUN22 TY, TENNESSEE.—Project for emergency 

23 streambank protection, Howard Road outfall, Shelby 

24 County, Tennessee. 
30 

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1 (12) MITCH FARM DITCH AND LATERAL D, 

2 SHELBY COUNTY, TENNESSEE.—Project for emer3 gency streambank protection, Mitch Farm Ditch and 

4 Lateral D, Shelby County, Tennessee. 

5 (13) WOLF RIVER TRIBUTARIES, SHELBY COUN6 TY, TENNESSEE.—Project for emergency 

7 streambank protection, Wolf River tributaries, Shel8 by County, Tennessee. 

9 (14) WELLS RIVER, NEWBURY, VERMONT.— 

10 Project for emergency streambank protection, Wells 

11 River, Newbury, Vermont. 

12 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

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

14 study for each of the following projects and, if the Sec15 retary determines that a project is feasible, may carry out 

16 the project under section 107 of the River and Harbor 

17 Act of 1960 (33 U.S.C. 577): 

18 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN19 SAS.—Project for navigation, Blytheville County 

20 Harbor, Arkansas. 

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

22 for navigation, Mahukona Beach Park, Hawaii. 

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

24 for navigation, North Kohala Harbor in the vicinity 

25 of Kailua Kona, Hawaii. 
31 

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

2 Project for navigation, Wailoa Small Boat Harbor, 

3 Hawaii. 

4 (5) MISSISSIPPI RIVER SHIP CHANNEL, LOU5 ISIANA.—Project for navigation, Mississippi River 

6 Ship Channel, Louisiana. 

7 (6) PORT TOBACCO RIVER AND GOOSE CREEK, 

8 MARYLAND.—Project for navigation, Port Tobacco 

9 River and Goose Creek, Maryland. 

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

11 MARYLAND.—Project for navigation, St. Jerome 

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

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

14 MASSACHUSETTS.—Project for navigation, East 

15 Basin, Cape Cod Canal, Sandwich, Massachusetts. 

16 (9) LYNN HARBOR, LYNN, MASSACHUSETTS.— 

17 Project for navigation, Lynn Harbor, Lynn, Massa18 chusetts. 

19 (10) MERRIMACK RIVER, HAVERHILL, MASSA20 CHUSETTS.—Project for navigation, Merrimack 

21 River, Haverhill, Massachusetts. 

22 (11) OAK BLUFFS HARBOR, OAK BLUFFS, MAS23 SACHUSETTS.—Project for navigation, Oak Bluffs 

24 Harbor, Oak Bluffs, Massachusetts. 
32 

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1 (12) WOODS HOLE GREAT HARBOR, FALMOUTH, 

2 MASSACHUSETTS.—Project for navigation, Woods 

3 Hole Great Harbor, Falmouth, Massachusetts. 

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

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

6 Michigan. 

7 (14) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

8 MICHIGAN.—Project for navigation, Traverse City 

9 Harbor, Traverse City, Michigan. 

10 (b) SPECIAL RULES.— 

11 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN12 SAS.—The Secretary shall carry out the project for 

13 navigation, Blytheville County Harbor, Arkansas, re14 ferred to in subsection (a)(1) if the Secretary deter15 mines that the project is feasible. 

16 (2) TRAVERSE CITY HARBOR, TRAVERSE CITY, 

17 MICHIGAN.—The Secretary shall review the locally 

18 prepared plan for the project for navigation, Tra19 verse City Harbor, Michigan, referred to in sub20 section (a)(14), and, if the Secretary determines 

21 that the plan meets the evaluation and design stand22 ards of the Corps of Engineers and that the plan is 

23 feasible, the Secretary may use the plan to carry out 

24 the project and shall provide credit toward the non25 Federal share of the cost of the project for the cost 
33 

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1 of work carried out by the non-Federal interest be2 fore the date of the partnership agreement for the 

3 project if the Secretary determines that the work is 

4 integral to the project. 

5 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE 

6 QUALITY OF THE ENVIRONMENT. 

7 The Secretary shall conduct a study for each of the 

8 following projects and, if the Secretary determines that 

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

10 section 1135 of the Water Resources Development Act of 

11 1986 (33 U.S.C. 2309a): 

12 (1) BALLONA CREEK, LOS ANGELES, COUNTY, 

13 CALIFORNIA.—Project for improvement of the qual14 ity of the environment, Ballona Creek, Los Angeles, 

15 County, California. 

16 (2) BALLONA LAGOON TIDE GATES, MARINA

17 DEL REY, CALIFORNIA.—Project for improvement of 

18 the quality of the environment, Ballona Lagoon Tide 

19 Gates, Marina Del Rey, California. 

20 (3) RATHBUN LAKE, IOWA.—Project for im21 provement of the quality of the environment, 

22 Rathbun Lake, Iowa. 

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

24 improvement of the quality of the environment, 

25 Smithville Lake, Missouri. 
34 

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1 (5) DELAWARE BAY, NEW JERSEY AND DELA2 WARE.—Project for improvement of the quality of 

3 the environment, Delaware Bay, New Jersey and 

4 Delaware, for the purpose of oyster restoration. 

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

6 Project for improvement of the quality of the envi7 ronment, Tioga-Hammond Lakes, Pennsylvania. 

8 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM 

9 RESTORATION. 

10 The Secretary shall conduct a study for each of the 

11 following projects and, if the Secretary determines that 

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

13 section 206 of the Water Resources Development Act of 

14 1996 (33 U.S.C. 2330): 

15 (1) CYPRESS CREEK, MONTGOMERY, ALA16 BAMA.—Project for aquatic ecosystem restoration, 

17 Cypress Creek, Montgomery, Alabama. 

18 (2) BEN LOMOND DAM, SANTA CRUZ, CALI19 FORNIA.—Project for aquatic ecosystem restoration, 

20 Ben Lomond Dam, Santa Cruz, California. 

21 (3) DOCKWEILER BLUFFS, LOS ANGELES COUN22 TY, CALIFORNIA.—Project for aquatic ecosystem res23 toration, Dockweiler Bluffs, Los Angeles County, 

24 California. 
35 

•HR 2864 IH 

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

2 aquatic ecosystem restoration, Salt River, California. 

3 (5) SANTA ROSA CREEK, SANTA ROSA, CALI4 FORNIA.—Project for aquatic ecosystem restoration, 

5 Santa Rosa Creek in the vicinity of the Prince Me6 morial Greenway, Santa Rosa, California. 

7 (6) STOCKTON DEEP WATER SHIP CHANNEL

8 AND LOWER SAN JOAQUIN RIVER, CALIFORNIA.— 

9 Project for aquatic ecosystem restoration, Stockton 

10 Deep Water Ship Channel and lower San Joaquin 

11 River, California. 

12 (7) SWEETWATER RESERVOIR, SAN DIEGO

13 COUNTY, CALIFORNIA.—Project for aquatic eco14 system restoration, Sweetwater Reservoir, San Diego 

15 County, California, including efforts to address 

16 invasive aquatic plant species. 

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

18 Project for aquatic ecosystem restoration, Bayou 

19 Texar, Pensacola, Florida. 

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

21 aquatic ecosystem restoration, Biscayne Bay, Key 

22 Biscayne, Florida. 

23 (10) CLAM BAYOU AND DINKINS BAYOU, 

24 SANIBEL ISLAND, FLORIDA.—Project for aquatic 
36 

•HR 2864 IH 

1 ecosystem restoration, Clam Bayou and Dinkins 

2 Bayou, Sanibel Island, Florida. 

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

4 aquatic ecosystem restoration, Destin Harbor, Flor5 ida. 

6 (12) CHATTAHOOCHEE FALL LINE, GEORGIA

7 AND ALABAMA.—Project for aquatic ecosystem res8 toration, Chattahoochee Fall Line, Georgia and Ala9 bama. 

10 (13) LONGWOOD COVE, GAINESVILLE, GEOR11 GIA.—Project for aquatic ecosystem restoration, 

12 Longwood Cove, Gainesville, Georgia. 

13 (14) CITY PARK, UNIVERSITY LAKES, LOU14 ISIANA.—Project for aquatic ecosystem restoration, 

15 City Park, University Lakes, Louisiana. 

16 (15) MILL POND, LITTLETON, MASSACHU17 SETTS.—Project for aquatic ecosystem restoration, 

18 Mill Pond, Littleton, Massachusetts. 

19 (16) PINE TREE BROOK, MILTON, MASSACHU20 SETTS.—Project for aquatic ecosystem restoration, 

21 Pine Tree Brook, Milton, Massachusetts. 

22 (17) KALAMAZOO RIVER WATERSHED, BATTLE

23 CREEK, MICHIGAN.—Project for aquatic ecosystem 

24 restoration, Kalamazoo River watershed, Battle 

25 Creek, Michigan. 
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1 (18) RUSH LAKE, MINNESOTA.—Project for 

2 aquatic ecosystem restoration, Rush Lake, Min3 nesota. 

4 (19) SOUTH FORK OF THE CROW RIVER, 

5 HUTCHINSON, MINNESOTA.—Project for aquatic eco6 system restoration, South Fork of the Crow River, 

7 Hutchinson, Minnesota. 

8 (20) ST. LOUIS COUNTY, MISSOURI.—Project 

9 for aquatic ecosystem restoration, St. Louis County, 

10 Missouri. 

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

12 for aquatic ecosystem restoration, Truckee River, 

13 Reno, Nevada, including features for fish passage. 

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

15 Project for aquatic ecosystem restoration, Grover’s 

16 Mill Pond, New Jersey. 

17 (23) DUGWAY CREEK, BRATENAHL, OHIO.— 

18 Project for aquatic ecosystem restoration, Dugway 

19 Creek, Bratenahl, Ohio. 

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

21 Project for aquatic ecosystem restoration, Johnson 

22 Creek, Gresham, Oregon. 

23 (25) BEAVER CREEK, BEAVER AND SALEM, 

24 PENNSYLVANIA.—Project for aquatic ecosystem res-
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1 toration, Beaver Creek, Beaver and Salem, Pennsyl2 vania. 

3 (26) CEMENTON DAM, LEHIGH RIVER, PENN4 SYLVANIA.—Project for aquatic ecosystem restora5 tion, Cementon Dam, Lehigh River, Pennsylvania. 

6 (27) DELAWARE RIVER, PHILADELPHIA NAVAL

7 SHIPYARD, PENNSYLVANIA.—Project for aquatic eco8 system restoration, Delaware River in the vicinity of 

9 the Philadelphia Naval Shipyard, Pennsylvania. 

10 (28) SAUCON CREEK, NORTHAMPTON COUNTY, 

11 PENNSYLVANIA.—Project for aquatic ecosystem res12 toration, Saucon Creek, Northampton County, Penn13 sylvania. 

14 (29) BLACKSTONE RIVER, RHODE ISLAND.— 

15 Project for aquatic ecosystem restoration, Black16 stone River, Rhode Island. 

17 (30) WILSON BRANCH, CHERAW, SOUTH CARO18 LINA.—Project for aquatic ecosystem restoration, 

19 Wilson Branch, Cheraw, South Carolina. 

20 (31) WHITE RIVER, BETHEL, VERMONT.— 

21 Project for aquatic ecosystem restoration, White 

22 River, Bethel, Vermont. 
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1 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC2 TION. 

3 The Secretary shall conduct a study for each of the 

4 following projects and, if the Secretary determines that 

5 a project is feasible, may carry out the project under sec6 tion 3 of the Act entitled ‘‘An Act authorizing Federal 

7 participation in the cost of protecting the shores of pub8 licly owned property’’, approved August 13, 1946 (33 

9 U.S.C. 426g): 

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

11 shoreline protection, Nelson Lagoon, Alaska. 

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

13 shoreline protection, Sanibel Island, Florida. 

14 (3) APRA HARBOR, GUAM.—Project for shore15 line protection, Apra Harbor, Guam. 

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

17 shoreline protection, Piti, Cabras Island, Guam. 

18 (5) JAMAICA BAY, BROOKLYN, NEW YORK.— 

19 Project for shoreline protection, Jamaica Bay, Shore 

20 Parkway Greenway, Brooklyn, New York. 

21 (6) DELAWARE RIVER, PHILADELPHIA NAVAL

22 SHIPYARD, PENNSYLVANIA.—Project for shoreline 

23 protection, Delaware River in the vicinity of the 

24 Philadelphia Naval Shipyard, Pennsylvania. 

25 (7) PORT ARANSAS, TEXAS.—Project for shore26 line protection, Port Aransas, Texas. 
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1 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI2 MENT REMOVAL. 

3 The Secretary shall conduct a study for the following 

4 project and, if the Secretary determines that the project 

5 is feasible, the Secretary may carry out the project under 

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

7 (33 U.S.C. 701g): Project for removal of snags and clear8 ing and straightening of channels for flood control, 

9 Kowawese Unique Area and Hudson River, New Windsor, 

10 New York. 

11 TITLE II—GENERAL PROVISIONS 

12 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 

13 Section 103 of the Water Resources Development Act 

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

15 end the following: 

16 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— 

17 ‘‘(1) PROHIBITION ON SOLICITATION OF EX18 CESS CONTRIBUTIONS.—The Secretary may not so19 licit contributions from non-Federal interests for 

20 costs of constructing authorized water resources de21 velopment projects or measures in excess of the non22 Federal share assigned to the appropriate project 

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

24 condition Federal participation in such projects or 

25 measures on the receipt of such contributions. 
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1 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC2 TION.—Nothing in this subsection shall be construed 

3 to affect the Secretary’s authority under section 

4 903(c) of this Act.’’. 

5 SEC. 2002. HARBOR COST SHARING. 

6 (a) PAYMENTS DURING CONSTRUCTION.—Section 

7 101(a)(1) of the Water Resources Development Act of 

8 1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended 

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

10 feet’’ and inserting ‘‘53 feet’’. 

11 (b) OPERATION AND MAINTENANCE.—Section 

12 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

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

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

15 U.S.C. 2241; 100 Stat. 4108) is amended in each of para16 graphs (1) and (3) by striking ‘‘45 feet’’ and inserting 

17 ‘‘53 feet’’. 

18 (d) APPLICABILITY.—The amendments made by sub19 sections (a), (b), and (c) shall apply only to a project, or 

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

21 physical construction has not been awarded before October 

22 1, 2003. 

23 (e) REVISION OF PARTNERSHIP AGREEMENT.—The 

24 Secretary shall revise any partnership agreement entered 

25 into after October 1, 2003, for any project to which the 
42 

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

2 to take into account the change in non-Federal participa3 tion in the project as a result of such amendments. 

4 SEC. 2003. FUNDING TO PROCESS PERMITS. 

5 Section 214 of the Water Resources Development Act 

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

7 1836) is amended— 

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

9 2001 through 2005, the’’ and inserting ‘‘The’’; and 

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

11 ‘‘(c) DURATION OF AUTHORITY.—The authority pro12 vided under this section shall be in effect from October 

13 1, 2000, through December 31, 2007.’’. 

14 SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DE15 VELOPMENT AND DEMONSTRATION PRO16 GRAM. 

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

18 Act entitled ‘‘An Act authorizing Federal participation in 

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

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

22 (b) EXTENSION OF PLANNING, DESIGN, AND CON23 STRUCTION PHASE.—Section 5(b)(1)(A) of such Act (33 

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

25 and inserting ‘‘6 years’’. 
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1 (c) COST SHARING; REMOVAL OF PROJECTS.—Sec2 tion 5(b) of such Act (33 U.S.C. 426h(b)) is amended— 

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

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

5 (2) by inserting after paragraph (2) the fol6 lowing: 

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

8 into a cost sharing agreement with a non-Federal in9 terest to carry out a project, or a phase of a project, 

10 under the erosion control program in cooperation 

11 with the non-Federal interest. 

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

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

14 project, or an element of a project, constructed 

15 under the erosion control program if the Secretary 

16 determines during the term of the program that the 

17 project or element is detrimental to the environment, 

18 private property, or public safety.’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 5(e)(2) of such Act (33 U.S.C. 426h(e)(2)) is amended 

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

22 SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 

23 PROTECTION PROJECTS. 

24 Section 3 of the Act entitled ‘‘An Act authorizing 

25 Federal participation in the cost of protecting the shores 
44 

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1 of publicly owned property’’, approved August 13, 1946 

2 (33 U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ 

3 and inserting ‘‘$5,000,000’’. 

4 SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES 

5 PROJECTS. 

6 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

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

8 amended— 

9 (1) in subsection (a)— 

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

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

12 inserting ‘‘under any’’; 

13 (B) by striking ‘‘to furnish its required co14 operation for’’ and inserting ‘‘under which each 

15 party agrees to carry out its responsibilities and 

16 requirements for implementation or construc17 tion of’’; and 

18 (C) by inserting after ‘‘$25,000.’’ the fol19 lowing: ‘‘Such agreement may include a provi20 sion for damages in the event of a failure of one 

21 or more parties to perform.’’; 

22 (2) by redesignating subsection (e) as sub23 section (f); and 

24 (3) by inserting after subsection (d) the fol25 lowing: 
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1 ‘‘(e) LIMITATION.—Nothing in subsection (a) shall be 

2 construed as limiting the authority of the Secretary to en3 sure that an agreement under this section meets all re4 quirements of law and policies of the Secretary in effect 

5 on the date of entry into the agreement.’’. 

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

7 Water Resources Development Act of 1986 (101 Stat. 

8 4190) is amended— 

9 (1) in paragraph (2)— 

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

11 appears and inserting ‘‘may’’; and 

12 (B) by striking the last sentence; and 

13 (2) in paragraph (4)— 

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

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

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

17 imposed under this section,’’; and 

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

19 under this section,’’ and inserting ‘‘any dam20 ages,’’. 

21 (c) APPLICABILITY.—The amendments made by sub22 sections (a) and (b) only apply to partnership agreements 

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

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

25 the district engineer for the district in which the project 
46 

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1 is located may amend a project partnership agreement en2 tered into on or before such date and under which con3 struction on the project has not been initiated as of such 

4 date of enactment for the purpose of incorporating such 

5 amendments. 

6 (d) PARTNERSHIP AND COOPERATIVE ARRANGE7 MENTS.— 

8 (1) IN GENERAL.—A goal of agreements en9 tered into under section 221 of the Flood Control 

10 Act of 1970 (42 U.S.C. 1962d–5(b)) shall be to fur11 ther partnership and cooperative arrangements, and 

12 the agreements shall be referred to as ‘‘partnership 

13 agreements’’. 

14 (2) REFERENCES TO COOPERATION AGREE15 MENTS.—Any reference in a law, regulation, docu16 ment, or other paper of the United States to a co17 operation agreement or project cooperation agree18 ment shall be considered to be a reference to a part19 nership agreement or a project partnership agree20 ment, respectively. 

21 (3) REFERENCES TO PARTNERSHIP AGREE22 MENTS.—Any reference to a partnership agreement 

23 or project partnership agreement in this Act (other 

24 than this section) shall be considered as a reference 
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1 to a cooperation agreement or a project cooperation 

2 agreement, respectively. 

3 (e) DELEGATION OF AUTHORITY.—Not later than 

4 September 30, 2006, the Secretary shall issue policies and 

5 guidelines for partnership agreements that delegate to the 

6 district engineers, at a minimum— 

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

8 partnership agreement that has appeared in an 

9 agreement previously approved by the Secretary; 

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

11 partnership agreement the specific terms of which 

12 are dictated by law, or by a final feasibility study, 

13 final environmental impact statement, or other final 

14 decision document for a water resources development 

15 project; 

16 (3) the authority to approve any partnership 

17 agreement that complies with the policies and guide18 lines issued by the Secretary; and 

19 (4) the authority to sign any partnership agree20 ment for any water resources development project 

21 unless, within 30 days of the date of authorization 

22 of the project, the Secretary notifies the district en23 gineer in which the project will be carried out that 

24 the Secretary wishes to retain the prerogative to 

25 sign the partnership agreement for that project. 
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1 (f) REPORT TO CONGRESS.—Not later than 2 years 

2 after the date of enactment of this Act, and every year 

3 thereafter, the Secretary shall submit to Congress a report 

4 detailing the following: 

5 (1) the number of partnership agreements 

6 signed by district engineers and the number of part7 nership agreements signed by the Secretary, and 

8 (2) for any partnership agreement signed by 

9 the Secretary, an explanation of why delegation to 

10 the district engineer was not appropriate. 

11 (g) PUBLIC AVAILABILITY.—Not later than the 

12 120th day following the date of enactment of this Act, the 

13 Chief of Engineers shall ensure that each district engineer 

14 has made available on the Internet all partnership agree15 ments entered into under section 221 of the Flood Control 

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

17 10 years and all partnership agreements for water re18 sources development projects currently being carried out 

19 in that district and shall make any partnership agree20 ments entered into after such date of enactment available 

21 on the Internet within 7 days of the date on which such 

22 agreement is entered into. 
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1 SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION, 

2 AND REUSE. 

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

4 State and local governments assessment, planning, and 

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

7 such State or local governments where such remediation, 

8 environmental restoration, or reuse will contribute to the 

9 improvement of water quality or the conservation of water 

10 and related resources of drainage basins and watersheds 

11 within the United States. 

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

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

14 shall be 50 percent. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $30,000,000 for each of fiscal years 2006 through 2010. 

18 SEC. 2008. COMPILATION OF LAWS. 

19 Within one year after the date of enactment of this 

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

22 and other water resources development enacted after No23 vember 8, 1966, and before January 1, 2006, shall be 

24 compiled under the direction of the Secretary and the 

25 Chief of Engineers and printed for the use of the Depart26 ment of the Army, Congress, and the general public. The 
50 

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1 Secretary shall reprint the volumes containing such laws 

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

4 or reprinted. Not later than December 1, 2006, the Sec5 retary shall transmit at least 25 copies of each such vol6 ume to the Committee on Transportation and Infrastruc7 ture of the House of Representatives and the Committee 

8 on Environment and Public Works of the Senate. The Sec9 retary shall also ensure that such compilations are avail10 able through electronic means, including the Internet. 

11 SEC. 2009. DREDGED MATERIAL DISPOSAL. 

12 Section 217 of the Water Resources Development Act 

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

14 amended— 

15 (1) by redesignating subsection (c) as sub16 section (d); 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) GOVERNMENTAL PARTNERSHIPS.— 

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

21 into cost sharing agreements with one or more non22 Federal public interests with respect to a project, or 

23 group of projects within a geographic region if ap24 propriate, for the acquisition, design, construction, 

25 management, or operation of a dredged material 
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1 processing, treatment, contaminant reduction, or 

2 disposal facility (including any facility used to dem3 onstrate potential beneficial uses of dredged mate4 rial, which may include effective sediment contami5 nant reduction technologies) using funds provided in 

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

7 more of the parties of the agreement may perform 

8 the acquisition, design, construction, management, 

9 or operation of a dredged material processing, treat10 ment, or disposal facility. If appropriate, the Sec11 retary may combine portions of separate construc12 tion or maintenance appropriations from separate 

13 Federal projects with the appropriate combined cost 

14 sharing between the various projects when the facil15 ity serves to manage dredged material from multiple 

16 Federal projects located in the geographic region of 

17 the facility. 

18 ‘‘(2) PUBLIC FINANCING.— 

19 ‘‘(A) AGREEMENTS.— 

20 ‘‘(i) SPECIFIED FEDERAL FUNDING

21 SOURCES AND COST SHARING.—The cost22 sharing agreement used shall clearly speci23 fy the Federal funding sources and com24 bined cost sharing when applicable to mul25 tiple Federal navigation projects and the 
52 

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1 responsibilities and risks of each of the 

2 parties related to present and future 

3 dredged material managed by the facility. 

4 ‘‘(ii) MANAGEMENT OF SEDIMENTS.— 

5 The cost-sharing agreement may include 

6 the management of sediments from the 

7 maintenance dredging of Federal naviga8 tion projects that do not have partnership 

9 agreements. The cost-sharing agreement 

10 may allow the non-Federal sponsor to re11 ceive reimbursable payments from the Fed12 eral Government for commitments made by 

13 the sponsor for disposal or placement ca14 pacity at dredged material treatment, proc15 essing, contaminant reduction, or disposal 

16 facilities. 

17 ‘‘(iii) CREDIT.—The cost-sharing 

18 agreement may allow costs incurred prior 

19 to execution of a partnership agreement 

20 for construction or the purchase of equip21 ment or capacity for the project to be cred22 ited according to existing cost-sharing 

23 rules. 

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

25 supersedes or modifies existing agreements be-
53 

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1 tween the Federal Government and any non2 Federal sponsors for the cost sharing, construc3 tion, and operation and maintenance of Federal 

4 navigation projects. Subject to the approval of 

5 the Secretary and in accordance with existing 

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

7 public sponsor of a Federal navigation project 

8 may seek credit for funds provided in the acqui9 sition, design, construction, management, or op10 eration of a dredged material processing, treat11 ment, or disposal facility to the extent the facil12 ity is used to manage dredged material from 

13 the Federal navigation project. The non-Federal 

14 sponsor shall be responsible for providing all 

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

16 relocations associated with the facility and shall 

17 receive credit for these items.’’; and 

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

19 as so redesignated— 

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

21 ‘‘operation’’; and 

22 (B) by inserting ‘‘processing, treatment, 

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

24 appears. 
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1 SEC. 2010. WETLANDS MITIGATION. 

2 In carrying out a water resources project that in3 volves wetlands mitigation and that has impacts that occur 

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

5 to the maximum extent practicable and where appropriate, 

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

7 the bank contains sufficient available credits to offset the 

8 impact and the bank is approved in accordance with the 

9 Federal Guidance for the Establishment, Use and Oper10 ation of Mitigation Banks (60 Fed. Reg. 58605) or other 

11 applicable Federal law (including regulations). 

12 SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. 

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

14 and navigation improvements, the Secretary may rec15 ommend a project without the need to demonstrate that 

16 the project is justified solely by national economic develop17 ment benefits if the Secretary determines that— 

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

19 project is at least 70 miles from the nearest surface 

20 accessible commercial port and has no direct rail or 

21 highway link to another community served by a sur22 face accessible port or harbor; or 

23 (B) the project would be located in the Com24 monwealth of Puerto Rico, Guam, the Common25 wealth of the Northern Mariana Islands, or Amer26 ican Samoa; 
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•HR 2864 IH 

1 (2) the harbor is economically critical such that 

2 over 80 percent of the goods transported through 

3 the harbor would be consumed within the community 

4 served by the harbor and navigation improvement; 

5 and 

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

7 would be threatened without the harbor and naviga8 tion improvement. 

9 (b) JUSTIFICATION.—In considering whether to rec10 ommend a project under subsection (a), the Secretary 

11 shall consider the benefits of the project to— 

12 (1) public health and safety of the local commu13 nity, including access to facilities designed to protect 

14 public health and safety; 

15 (2) access to natural resources for subsistence 

16 purposes; 

17 (3) local and regional economic opportunities; 

18 (4) welfare of the local population; and 

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

20 SEC. 2012. BENEFICIAL USES OF DREDGED MATERIAL. 

21 (a) IN GENERAL.—Section 204 of the Water Re22 sources Development Act of 1992 (33 U.S.C. 2326) is 

23 amended by striking subsections (c) through (g) and in24 serting the following: 
56 

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

2 projects to transport and place sediment obtained in con3 nection with the construction, operation, or maintenance 

4 of an authorized water resources project at locations se5 lected by a non-Federal entity for use in the construction, 

6 repair, or rehabilitation of projects determined by the Sec7 retary to be in the public interest and associated with navi8 gation, flood damage reduction, hydroelectric power, mu9 nicipal and industrial water supply, agricultural water 

10 supply, recreation, hurricane and storm damage reduction, 

11 aquatic plant control, and environmental protection and 

12 restoration. 

13 ‘‘(d) COOPERATIVE AGREEMENT.—Any project un14 dertaken pursuant to this section shall be initiated only 

15 after non-Federal interests have entered into an agree16 ment with the Secretary in which the non-Federal inter17 ests agree to pay the non-Federal share of the cost of con18 struction of the project and 100 percent of the cost of 

19 operation, maintenance, replacement, and rehabilitation of 

20 the project in accordance with section 103 of the Water 

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

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

23 under subsection (a) for one or more of the purposes of 

24 protection, restoration, or creation of aquatic and eco25 logically related habitat, the cost of which does not exceed 
57 

•HR 2864 IH 

1 $750,000 and which will be located in a disadvantaged 

2 community as determined by the Secretary, may be car3 ried out at Federal expense. 

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

5 Costs associated with construction of a project under this 

6 section shall be limited solely to construction costs that 

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

8 dredging for construction, operation, or maintenance of 

9 the authorized water resources project in the most cos10 effective way, consistent with economic, engineering, and 

11 environmental criteria. 

12 ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH13 OD.—In developing and carrying out a water resources 

14 project involving the disposal of sediment, the Secretary 

15 may select, with the consent of the non-Federal interest, 

16 a disposal method that is not the least cost option if the 

17 Secretary determines that the incremental costs of such 

18 disposal method are reasonable in relation to the environ19 mental benefits, including the benefits to the aquatic envi20 ronment to be derived from the creation of wetlands and 

21 control of shoreline erosion. The Federal share of such in22 cremental costs shall be determined in accordance with 

23 subsections (d) and (f). 

24 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec25 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 
58 

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1 1962d–5b), for any project carried out under this section, 

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

3 the consent of the affected local government. 

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

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

6 projects under this section of which not more than 

7 $3,000,000 annually may be used for construction of 

8 projects described in subsection (e). Such sums shall re9 main available until expended. 

10 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN11 NING.—In consultation with appropriate State and Fed12 eral agencies, the Secretary may develop, at Federal ex13 pense, plans for regional management of sediment ob14 tained in conjunction with the construction, operation, or 

15 maintenance of water resources projects, including poten16 tial beneficial uses of sediment for construction, repair, or 

17 rehabilitation of public projects for navigation, flood dam18 age reduction, hydroelectric power, municipal and indus19 trial water supply, agricultural water supply, recreation, 

20 hurricane and storm damage reduction, aquatic plant con21 trol, and environmental protection and restoration. 

22 ‘‘(k) USE OF FUNDS.— 

23 ‘‘(1) NON-FEDERAL INTEREST.—The non-Fed24 eral interest for a project described in this section 

25 may use, and the Secretary shall accept, funds pro-
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1 vided under any other Federal program, to satisfy, 

2 in whole or in part, the non-Federal share of the 

3 cost of such project if such funds are authorized to 

4 be used to carry out such project. 

5 ‘‘(2) OTHER FEDERAL AGENCIES.—The non6 Federal share of the cost of construction of a project 

7 under this section may be met through contributions 

8 from a Federal agency made directly to the Sec9 retary, with the consent of the affected local govern10 ment, if such funds are authorized to be used to 

11 carry out such project. Before initiating a project to 

12 which this paragraph applies, the Secretary shall 

13 enter into an agreement with a non-Federal interest 

14 in which the non-Federal interest agrees to pay 100 

15 percent of the cost of operation, maintenance, re16 placement, and rehabilitation of the project.’’. 

17 (b) REPEAL.— 

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

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

20 426j) is repealed. 

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

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

23 Secretary to complete any project being carried out 

24 under such section 145 on the day before the date 

25 of enactment of this Act. 
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1 (c) PRIORITY AREAS.—In carrying out section 204 

2 of the Water Resources Development Act of 1992 (33 

3 U.S.C. 2326), the Secretary shall give priority to the fol4 lowing: 

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

6 Arkansas. 

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

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

9 Channel, Louisiana. 

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

11 Park Pavilion and the TWA Flight 800 Memorial, 

12 Brookhaven, New York. 

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

14 North Carolina. 

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

16 Texas. 

17 SEC. 2013. COST-SHARING PROVISIONS FOR CERTAIN 

18 AREAS. 

19 Section 1156 of the Water Resources Development 

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

21 to read as follows: 

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

23 AREAS. 

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

25 cost-sharing requirements up to $500,000 for all studies 
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1 and projects in the Commonwealth of Puerto Rico, Amer2 ican Samoa, Guam, the Commonwealth of the Northern 

3 Mariana Islands, and the United States Virgin Islands, 

4 in Indian country (as defined in section 1151 of title 18, 

5 United States Code, and including lands that are within 

6 the jurisdictional area of an Oklahoma Indian tribe, as 

7 determined by the Secretary of the Interior, and are recog8 nized by the Secretary of the Interior as eligible for trust 

9 land status under part 151 of title 25, Code of Federal 

10 Regulations) or on land in the State of Alaska owned by 

11 an Alaska Native Regional Corporation or an Alaska Na12 tive Village Corporation (as those terms are defined in the 

13 Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 

14 seq.)) or the Metlakatla Indian community. 

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

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

17 may use, and the Secretary shall accept, funds provided 

18 under any other Federal program, to satisfy, in whole or 

19 in part, the non-Federal share of such study or project 

20 if such funds are authorized to be used to carry out such 

21 study or project.’’. 

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

24 Upon authorization by law of an increase in the max25 imum amount of Federal funds that may be allocated for 
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1 a project or an increase in the total cost of a project au2 thorized to be carried out by the Secretary, the Secretary 

3 shall revise the project partnership agreement for the 

4 project to take into account the change in Federal partici5 pation in the project. 

6 SEC. 2015. COST SHARING. 

7 An increase in the maximum amount of Federal 

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

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

10 by the Secretary shall not affect any cost-sharing require11 ment applicable to the project under title I of the Water 

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

13 seq.). 

14 SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PART15 NERSHIP AGREEMENT. 

16 If the Secretary is authorized to credit toward the 

17 non-Federal share the cost of work carried out by the non18 Federal interest before the date of the partnership agree19 ment for the project and such work has not been carried 

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

21 shall enter into an agreement with the non-Federal inter22 est for the project under which the non-Federal interest 

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

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

2 Section 225 of the Water Resources Development Act 

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

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

6 ‘‘The’’; and 

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

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

9 SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

10 DAMAGE REDUCTION. 

11 The Secretary shall expedite any authorized planning, 

12 design, and construction of any project for flood damage 

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

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

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

17 President under the Robert T. Stafford Disaster and 

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

19 SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS. 

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

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

23 (1) in subsection (d)— 

24 (A) by striking ‘‘and’’ at the end of para25 graph (4); 
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1 (B) by striking the period at the end of 

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

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

4 ‘‘(6) Tuscarawas River Basin, Ohio. 

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

6 Counties, Washington.’’; 

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

8 and inserting the following: 

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

10 share of the costs of an assessment carried out 

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

12 shall be 25 percent.’’; and 

13 (3) by striking subsection (g). 

14 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

15 Secretary shall revise the partnership agreement for any 

16 assessment being carried out under such section 729 to 

17 take into account the change in non-Federal participation 

18 in the assessment as a result of the amendments made 

19 by subsection (a). 

20 SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. 

21 (a) SCOPE.—Section 203(b)(1)(B) of the Water Re22 sources Development Act of 2000 (33 U.S.C. 

23 2269(b)(1)(B); 114 Stat. 2589) is amended by inserting 

24 after ‘‘Code’’ the following: ‘‘, and including lands that 

25 are within the jurisdictional area of an Oklahoma Indian 
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1 tribe, as determined by the Secretary of the Interior, and 

2 are recognized by the Secretary of the Interior as eligible 

3 for trust land status under part 151 of title 25, Code of 

4 Federal Regulations’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 203(e) of such Act is amended by striking ‘‘2006’’ and 

7 inserting ‘‘2010’’. 

8 SEC. 2021. WILDFIRE FIREFIGHTING. 

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

10 1856a–1; 105 Stat. 1034) is amended by inserting ‘‘the 

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

12 SEC. 2022. CREDIT FOR NONCONSTRUCTION SERVICES. 

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

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

15 project costs for any authorized water resources develop16 ment project for the cost of materials and in-kind services, 

17 including design and management services but not includ18 ing construction, provided by the non-Federal interest for 

19 carrying out the project. 

20 (b) LIMITATION.—Credit authorized under sub21 section (a)— 

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

23 project costs; 

24 (2) shall not alter any other requirements that 

25 require a non-Federal interest to provide lands, ease-
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1 ments, rights-of-way, and dredged material disposal 

2 areas for the project; 

3 (3) shall not exceed the actual and reasonable 

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

5 the non-Federal interest, as determined by the Sec6 retary; and 

7 (4) shall not be allowed unless the Secretary 

8 has determined that such materials or services are 

9 integral to the project. 

10 SEC. 2023. TECHNICAL ASSISTANCE. 

11 Section 22 of the Water Resources Development Act 

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

13 (1) in subsection (a) by striking ‘‘The Sec14 retary’’ and inserting the following: 

15 ‘‘(a) FEDERAL STATE COOPERATION.— 

16 ‘‘(1) COMPREHENSIVE PLANS.—The Sec17 retary’’; 

18 (2) by inserting after the last sentence in sub19 section (a) the following: 

20 ‘‘(2) TECHNICAL ASSISTANCE.— 

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

22 a governmental agency or non-Federal in23 terest, the Secretary may provide, at Fed24 eral expense, technical assistance to such 
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1 agency or non-Federal interest in man2 aging water resources. 

3 ‘‘(B) TYPES OF ASSISTANCE.—Tech4 nical assistance under this paragraph may 

5 include provision and integration of hydro6 logic, economic, and environmental data 

7 and analyses.’’; 

8 (3) in subsection (b)(1) by striking ‘‘this sec9 tion’’ each place it appears and inserting ‘‘subsection 

10 (a)(1)’’; 

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

12 2 of the’’ and inserting ‘‘The’’; 

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

14 and inserting the following: 

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 There is’’; 

18 (6) in subsection (c)(1) (as designated by para19 graph (5))— 

20 (A) by striking ‘‘the provisions of this sec21 tion’’ and inserting ‘‘subsection (a)(1);’’; and 

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

23 ‘‘$1,000,000’’; 

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

25 following: 
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1 ‘‘(2) TECHNICAL ASSISTANCE.—There is au2 thorized to be appropriated $5,000,000 annually to 

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

4 $2,000,000 annually may be used by the Secretary 

5 to enter into cooperative agreements with nonprofit 

6 organizations to provide assistance to rural and 

7 small communities.’’; and 

8 (8) by redesignating subsection (d) as sub9 section (e); and 

10 (9) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI13 TIES.—Concurrent with the President’s submission to 

14 Congress of the President’s request for appropriations for 

15 the Civil Works Program for a fiscal year, the Secretary 

16 shall submit to the Committee on Transportation and In17 frastructure of the House of Representatives and the Com18 mittee on Environment and Public Works of the Senate 

19 a report describing the individual activities proposed for 

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

21 SEC. 2024. COORDINATION AND SCHEDULING OF FEDERAL, 

22 STATE, AND LOCAL ACTIONS. 

23 (a) NOTICE OF INTENT.—Upon request of the non24 Federal interest in the form of a written notice of intent 

25 to construct or modify a non-Federal water supply, waste-
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1 water infrastructure, flood damage reduction, storm dam2 age reduction, ecosystem restoration, or navigation project 

3 that requires the approval of the Secretary, the Secretary 

4 shall initiate, subject to subsection (g)(1), procedures to 

5 establish a schedule for consolidating Federal, State, and 

6 local agency and Indian tribe environmental assessments, 

7 project reviews, and issuance of all permits for the con8 struction or modification of the project. The non-Federal 

9 interest shall submit to the Secretary, with the notice of 

10 intent, studies and documentation, including environ11 mental reviews, that may be required by Federal law for 

12 decisionmaking on the proposed project. All States and In13 dian tribes having jurisdiction over the proposed project 

14 shall be invited by the Secretary, but shall not be required, 

15 to participate in carrying out this section with respect to 

16 the project. 

17 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

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

19 shall publish such notice in the Federal Register. The Sec20 retary also shall provide written notification of the receipt 

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

22 agencies and Indian tribes that may be required to issue 

23 permits for the construction of the project or related ac24 tivities. The Secretary shall solicit the cooperation of those 

25 agencies and request their entry into a memorandum of 
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1 agreement described in subsection (c) with respect to the 

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

3 the Federal Register, State and local agencies and Indian 

4 tribes that intend to enter into the memorandum of agree5 ment with respect to the project shall notify the Secretary 

6 of their intent in writing. 

7 (c) SCHEDULING AGREEMENT.—Within 90 days 

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

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

10 the Secretary of Commerce, and the Administrator of the 

11 Environmental Protection Agency, as necessary, and any 

12 State or local agencies that have notified the Secretary 

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

14 the Secretary establishing a schedule of decisionmaking 

15 for approval of the project and permits associated with 

16 the project and with related activities. 

17 (d) CONTENTS OF AGREEMENT.—An agreement en18 tered into under subsection (c) with respect to a project, 

19 to the extent practicable, shall consolidate hearing and 

20 comment periods, procedures for data collection and re21 port preparation, and the environmental review and per22 mitting processes associated with the project and related 

23 activities. The agreement shall detail, to the extent pos24 sible, the non-Federal interest’s responsibilities for data 

25 development and information that may be necessary to 
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1 process each permit required for the project, including a 

2 schedule when the information and data will be provided 

3 to the appropriate Federal, State, or local agency or In4 dian tribe. 

5 (e) REVISION OF AGREEMENT.—The Secretary may 

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

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

8 the non-Federal interest the minimum amount of addi9 tional time necessary to revise its original application to 

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

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

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

13 of a schedule established by an agreement entered into 

14 under subsection (c) with respect to a project, the Sec15 retary shall notify the non-Federal interest of the final de16 cision on the project and whether the permit or permits 

17 have been issued. 

18 (g) REIMBURSEMENT.— 

19 (1) COSTS OF COORDINATION.—The costs in20 curred by the Secretary to establish and carry out 

21 a schedule to consolidate Federal, State, and local 

22 agency and Indian tribe environmental assessments, 

23 project reviews, and permit issuance for a project 

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

25 interest. 
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1 (2) COSTS INCURRED TO EXPEDITE PERMITS

2 AND REVIEWS.— 

3 (A) ACCEPTANCE OF NON-FEDERAL

4 FUNDS.—The Secretary may accept funds from 

5 the non-Federal interest to hire additional staff 

6 or obtain the services of consultants, or to pro7 vide financial, technical, and administrative 

8 support to agencies that have entered into an 

9 agreement with the Secretary under subsection 

10 (c) with respect to a project in order to facili11 tate the timely processing, review, and comple12 tion of applicable Federal, State, and local 

13 agency and Indian tribe environmental assess14 ments, project reviews, and permits for the 

15 project. 

16 (B) USE OF FUNDS.—Funds accepted 

17 under this paragraph shall be used to supple18 ment existing resources of the Secretary or a 

19 participating agency. 

20 (C) ASSURANCE OF LEVEL OF SERVICE

21 AND IMPARTIALITY.—The Secretary shall en22 sure that the Department of the Army and any 

23 participating agency that accepts funds under 

24 this paragraph shall continue to provide the 

25 same level of service to other projects and other 
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1 responsibilities not covered by this section as it 

2 would provide, notwithstanding any activities 

3 carried out under this section, and that accept4 ance of such funds will not impact impartial de5 cisionmaking either substantively or proce6 durally. 

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

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

9 the Secretary shall prepare and transmit to Congress a 

10 report estimating the time required for the issuance of all 

11 Federal, State, local, and tribal permits for the construc12 tion of non-Federal projects for water supply, wastewater 

13 infrastructure, flood damage reduction, storm damage re14 duction, ecosystem restoration, and navigation. The Sec15 retary shall include in that report recommendations for 

16 further reducing the amount of time required for the 

17 issuance of those permits, including any proposed changes 

18 in existing law. 

19 SEC. 2025. PROJECT STREAMLINING. 

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

21 projects are important to the Nation’s economy and envi22 ronment, and recommendations to Congress regarding 

23 such projects should not be delayed due to uncoordinated 

24 and sequential environmental reviews or the failure to 
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1 timely resolve disputes during the development of water 

2 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 Re6 sources Development Act of 1986 (33 U.S.C. 2282), or 

7 a reevaluation report, for a water resources project if the 

8 Secretary determines that such study requires an environ9 mental impact statement under the National Environ10 mental Policy 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 co13 ordinated 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 

19 Federal, State, or local government agency or Indian 

20 tribe for a water resources project will be conducted 

21 concurrently, to the maximum extent practicable, 

22 and completed within a time period established by 

23 the Secretary, in cooperation with the agencies iden24 tified under subsection (e) with respect to the 

25 project. 
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1 (2) AGENCY PARTICIPATION.—Each Federal 

2 agency identified under subsection (e) shall formu3 late and implement administrative, policy, and pro4 cedural mechanisms to enable the agency to ensure 

5 completion of environmental reviews, analyses, opin6 ions, permits, licenses, and approvals described in 

7 paragraph (1) in a timely and environmentally re8 sponsible manner. 

9 (e) IDENTIFICATION OF JURISDICTIONAL AGEN10 CIES.—With respect to each water resources project, the 

11 Secretary shall identify, as soon as practicable, all Fed12 eral, State, and local government agencies and Indian 

13 tribes that may have jurisdiction over environmental-re14 lated matters that may be affected by the project or may 

15 be required by law to conduct an environmental-related 

16 review or analysis of the project or determine whether to 

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

18 for the project. 

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

20 process is being implemented under this section by the 

21 Secretary with respect to a water resources project within 

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

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

24 that all State agencies that have jurisdiction over environ25 mental-related matters that may be affected by the project 
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1 or may be required by law to conduct an environmental2 related review or analysis of the project or determine 

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

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

5 (g) MEMORANDUM OF UNDERSTANDING.—The co6 ordinated review process developed under this section may 

7 be incorporated into a memorandum of understanding for 

8 a project between the Secretary and the heads of other 

9 Federal, State, and local government agencies and Indian 

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

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

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

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

14 the Secretary determines that a Federal, State, or 

15 local government agency, Indian tribe, or non-Fed16 eral interest that is participating in a coordinated 

17 review process under this section with respect to a 

18 project has not met a deadline established under 

19 subsection (d) for the project, the Secretary shall no20 tify, within 30 days of the date of such determina21 tion, the Committee on Transportation and Infra22 structure of the House of Representatives, the Com23 mittee on Environment and Public Works of the 

24 Senate, the Council on Environmental Quality, and 
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1 the agency, Indian tribe, or non-Federal interest in2 volved about the failure to meet the deadline. 

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

4 after the date of receipt of a notice under paragraph 

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

6 Indian tribe, or non-Federal interest involved shall 

7 submit a report to the Secretary, the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives, the Committee on Environment and 

10 Public Works of the Senate, and the Council on En11 vironmental Quality explaining why the agency, In12 dian tribe, or non-Federal interest did not meet the 

13 deadline and what actions it intends to take to com14 plete or issue the required review, analysis, opinion, 

15 permit, license, or approval. 

16 (i) PURPOSE AND NEED AND DETERMINATION OF

17 REASONABLE ALTERNATIVES.— 

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

19 Federal agency that is responsible for carrying out 

20 a study to which this section applies and its associ21 ated process for meeting the requirements of the 

22 National Environmental Policy Act of 1969 (42 

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

24 expertise in water resources development, the Sec-
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1 retary, in carrying out such study and process, 

2 shall— 

3 (A) define the purpose and need for the 

4 proposed water resources project; and 

5 (B) determine which alternatives are rea6 sonable and may be reasonably anticipated to 

7 meet project purposes and needs. 

8 (2) STREAMLINING STUDY.—To streamline a 

9 study to which this section applies and its associated 

10 process for meeting the requirements of the National 

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

12 et seq.), the Secretary may eliminate from consider13 ation any alternatives the Secretary determines are 

14 not reasonable or are not reasonably anticipated to 

15 meet project purposes and needs. 

16 (j) SOLICITATION AND CONSIDERATION OF COM17 MENTS.—In applying subsection (i), the Secretary shall 

18 solicit, consider, and respond to comments from interested 

19 persons and governmental entities. 

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

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

22 shall develop and publish a list of categorical exclusions 

23 from the requirement that an environmental assessment 

24 or an environmental impact statement be prepared under 
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1 the National Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.) for water resources projects. 

3 (l) LIMITATIONS.—Nothing in this section shall pre4 empt or interfere with— 

5 (1) any practice of seeking public comment; 

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

7 Federal, State, or local government agency, Indian 

8 tribe, or non-Federal interest has with respect to 

9 carrying out a water resources project; or 

10 (3) any obligation to comply with the provisions 

11 of the National Environmental Policy Act of 1969 

12 (42 U.S.C. 4371 et seq.) and the regulations issued 

13 by the Council on Environmental Quality to carry 

14 out such Act. 

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

16 of enactment of this Act, the Chief of Engineers shall es17 tablish benchmarks for determining the length of time it 

18 should take to conduct a feasibility study for a water re19 sources development project and its associated review 

20 process under the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4371 et seq.). Benchmarks may be estab22 lished for activities based on project type, size, cost, and 

23 complexity. The Chief of Engineers shall use such bench24 marks as a management tool to make the feasibility study 
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1 process more efficient in all districts of the Army Corps 

2 of Engineers. 

3 SEC. 2026. LAKES PROGRAM. 

4 Section 602(a) of the Water Resources Development 

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

6 295) is amended— 

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

8 (2) by striking the period at the end of para9 graph (19) and inserting a semicolon; and 

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

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

12 removal of silt and aquatic growth and measures to 

13 address excessive sedimentation; 

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

15 New Jersey, removal of silt and measures to address 

16 water quality; 

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

18 Jersey, removal of silt and restoration of structural 

19 integrity; 

20 ‘‘(23) Greenwood Lake, New York and New 

21 Jersey, removal of silt and aquatic growth; 

22 ‘‘(24) Lake Rodgers, Creedmoor, North Caro23 lina, removal of silt and excessive nutrients and res24 toration of structural integrity; and 

25 ‘‘(25) Lake Luxembourg, Pennsylvania.’’. 
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1 SEC. 2027. MITIGATION FOR FISH AND WILDLIFE LOSSES. 

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

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

4 2283(a)) is amended by adding at the end the following: 

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

6 instances in which it is not technically practicable to 

7 complete mitigation concurrent with the last day of 

8 project construction because of the nature of the 

9 mitigation to be undertaken, the Secretary shall 

10 complete the required mitigation as expeditiously as 

11 practicable, but in no case later than the last day of 

12 the first fiscal year beginning after the last day of 

13 construction of the project or separable element of 

14 the project.’’. 

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

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

17 at the end the following: 

18 ‘‘(3) CONTENTS.—A mitigation plan shall in19 clude— 

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

21 be undertaken to achieve the mitigation objec22 tives within the watershed in which such losses 

23 occur and, in any case in which mitigation must 

24 take place outside the watershed, a justification 

25 detailing the rationale for undertaking the miti26 gation outside of the watershed; 
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1 ‘‘(B) a description of the lands or interests 

2 in lands to be acquired for mitigation and the 

3 basis for a determination that such lands are 

4 available for acquisition; 

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

6 of the habitat being restored; 

7 ‘‘(D) success criteria for mitigation based 

8 on replacement of lost functions and values of 

9 the habitat, including hydrologic and vegetative 

10 characteristics; and 

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

12 to determine the success of the mitigation, in13 cluding the cost and duration of any monitoring 

14 and, to the extent practicable, the entities re15 sponsible for any monitoring. 

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

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

18 a mitigation plan for a water resources project, the 

19 entity responsible for monitoring at the time of a 

20 final report of the Chief of Engineers or other final 

21 decision document for the project, such entity shall 

22 be identified in the partnership agreement entered 

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

24 (c) STATUS REPORT.— 
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1 (1) IN GENERAL.—Concurrent with the Presi2 dent’s submission to Congress of the President’s re3 quest for appropriations for the Civil Works Pro4 gram for a fiscal year, the Secretary shall submit to 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives and the Committee 

7 on Environment and Public Works of the Senate a 

8 report on the status of construction of projects that 

9 require mitigation under section 906 of the Water 

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

11 2283; 100 Stat. 4186) and the status of such miti12 gation. 

13 (2) PROJECTS INCLUDED.—The status report 

14 shall include the status of all projects that are under 

15 construction, all projects for which the President re16 quests funding for the next fiscal year, and all 

17 projects that have completed construction, but have 

18 not completed the mitigation required under section 

19 906 of the Water Resources Development Act of 

20 1986. 

21 SEC. 2028. COOPERATIVE AGREEMENTS. 

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

23 cost-effective design and construction of wetlands restora24 tion that is part of an authorized water resources project, 

25 the Secretary may enter into cooperative agreements 
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1 under section 6305 of title 31, United States Code, with 

2 nonprofit organizations with expertise in wetlands restora3 tion to carry out such design and construction on behalf 

4 of the Secretary. 

5 (b) LIMITATIONS.— 

6 (1) PER PROJECT LIMIT.—A cooperative agree7 ment under this section shall not obligate the Sec8 retary to pay the nonprofit organization more than 

9 $1,000,000 for any single wetlands restoration 

10 project. 

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

12 carried out under cooperative agreements under this 

13 section may not exceed $5,000,000 in any fiscal 

14 year. 

15 SEC. 2029. PROJECT PLANNING. 

16 (a) OBJECTIVES.— 

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

19 The Federal objective of any study of the feasibility 

20 of a water resources project carried out by the Sec21 retary for flood damage reduction, navigation, or 

22 hurricane and storm damage reduction shall be to 

23 maximize the net national economic development 

24 benefits associated with the project, consistent with 

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

2 Federal objective of any study of the feasibility of a 

3 water resources project for ecosystem restoration 

4 carried out by the Secretary shall be to maximize 

5 the net national ecosystem restoration benefits asso6 ciated with the project, consistent with national eco7 nomic development. 

8 (3) PROJECTS WITH MULTIPLE PURPOSES.—In 

9 the case of a study that includes multiple project 

10 purposes, the primary and other project purposes 

11 shall be evaluated, based on the relevant Federal ob12 jective identified under paragraphs (1) and (2). 

13 (4) SELECTION OF PROJECT ALTERNATIVES.— 

14 (A) IN GENERAL.—Notwithstanding the 

15 Federal objectives identified in this subsection, 

16 the Secretary may select a project alternative 

17 that does not maximize net benefits if there is 

18 an overriding reason based upon other Federal, 

19 State, local, or international concerns. 

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

24 overriding reason for selecting a plan other 

25 than the plan that maximizes national economic 
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1 development benefits may be if the Secretary 

2 determines, and the non-Federal interest con3 curs, that an alternative plan is feasible and 

4 achieves the project purposes while providing 

5 greater ecosystem restoration benefits. 

6 (C) ECOSYSTEM RESTORATION

7 PROJECTS.—With respect to a water resources 

8 project described in paragraph (2), an over9 riding reason for selecting a plan other than the 

10 plan that maximizes national ecosystem restora11 tion benefits may be if the Secretary deter12 mines, and the non-Federal interest concurs, 

13 that an alternative is feasible and achieves the 

14 project purpose while providing greater eco15 nomic development benefits. 

16 (b) IDENTIFYING ADDITIONAL BENEFITS AND

17 PROJECTS.— 

18 (1) PRIMARILY ECONOMIC BENEFITS.—In con19 ducting a study of the feasibility of a project where 

20 the primary benefits are expected to be economic, 

21 the Secretary may identify ecosystem restoration 

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

23 after obtaining the participation of a non-Federal in24 terest, may study and recommend construction of 
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1 additional measures, a separate project, or separable 

2 project element to achieve those benefits. 

3 (2) PRIMARILY ECOSYSTEM RESTORATION BEN4 EFITS.—In conducting a study of the feasibility of a 

5 project where the primary benefits are expected to 

6 be associated with ecosystem restoration, the Sec7 retary may identify economic benefits that may be 

8 achieved in the study area and, after obtaining the 

9 participation of a non-Federal interest, may study 

10 and recommend construction of additional measures, 

11 a separate project, or separable project element to 

12 achieve those benefits. 

13 (3) RULES APPLICABLE TO CERTAIN MEAS14 URES, PROJECTS, AND ELEMENTS.—Any additional 

15 measures, separate project, or separable element 

16 identified under paragraph (1) or (2) and rec17 ommended for construction shall not be considered 

18 integral to the underlying project and, if authorized, 

19 shall be subject to a separate partnership agreement, 

20 unless a non-Federal interest agrees to share in the 

21 cost of the additional measures, project, or separable 

22 element. 

23 (c) CALCULATION OF BENEFITS AND COSTS FOR

24 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 
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1 study for a project for flood damage reduction shall in2 clude, 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 

9 alternatives 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 sub14 ject to a peer review by an independent panel of ex15 perts 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 

21 integrating risk and uncertainty, models used in 

22 evaluation of economic or environmental impacts of 

23 proposed 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 

4 be subject to peer review under paragraph (1) 

5 if the project has an estimated total cost of 

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

7 costs, and is not determined by the Chief of 

8 Engineers to be exempt from peer review under 

9 paragraph (6). 

10 (B) DISCRETIONARY.—A project study 

11 may be subject to peer review if— 

12 (i) the Governor of an affected State 

13 requests a peer review by an independent 

14 panel of experts; 

15 (ii) the head of a Federal or State 

16 agency charged with reviewing the project 

17 study determines that the project is likely 

18 to have a significant adverse impact on en19 vironmental, cultural, or other resources 

20 under the jurisdiction of the agency after 

21 implementation of proposed mitigation 

22 plans and requests a peer review by an 

23 independent panel of experts; or 

24 (iii) the Chief of Engineers determines 

25 that the project study is controversial. 
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1 (4) CONTROVERSIAL PROJECTS.—Upon receipt 

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

3 the initiative of the Chief of Engineers, the Chief of 

4 Engineers shall determine whether a project study is 

5 controversial. 

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 En18 gineers 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 

2 mitigation 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 

7 the Endangered Species Act of 1973 (16 

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

9 of such species designated under such Act; 

10 and 

11 (B) a study for a project pursued under 

12 section 205 of the Flood Control Act of 1948 

13 (33 U.S.C. 701s), section 2 of the Flood Con14 trol Act of August 28, 1937 (33 U.S.C. 701g), 

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

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

17 Harbor Act of 1960 (33 U.S.C. 577(a)), section 

18 3 of the Act entitled ‘‘An Act authorizing Fed19 eral participation in the cost of protecting the 

20 shores of publicly owned property’’, approved 

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

22 of the River and Harbor Act of 1968 (33 

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

24 Act authorizing the construction, repair, and 

25 preservation of certain public works on rivers 
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1 and harbors, and for other purposes’’, approved 

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

3 of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2309a), section 206 of the 

5 Water Resources Development Act of 1996 (33 

6 U.S.C. 2330), or section 204 of the Water Re7 sources Development Act of 1992 (33 U.S.C. 

8 2326). 

9 (7) APPEAL.—The decision of the Chief of En10 gineers whether to peer review a project study shall 

11 be published in the Federal Register and shall be 

12 subject to appeal by a person referred to in para13 graph (3)(B)(i) or (3)(B)(ii) to the Secretary of the 

14 Army if such appeal is made within the 30-day pe15 riod following the date of such publication. 

16 (8) DETERMINATION OF PROJECT COST.—For 

17 purposes of determining the estimated total cost of 

18 a project under paragraph (3)(A), the project cost 

19 shall be based upon the reasonable estimates of the 

20 Chief of Engineers at the completion of the recon21 naissance study for the project. If the reasonable es22 timate of project costs is subsequently determined to 

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

24 Chief of Engineers shall make a determination 
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1 whether a project study should be reviewed under 

2 this section. 

3 (b) TIMING OF PEER REVIEW.—The Chief of Engi4 neers shall determine the timing of a peer review of a 

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

6 review shall occur during the period beginning on the date 

7 of the completion of the reconnaissance study for the 

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

9 Chief of Engineers for the project is made available for 

10 public comment. Where the Chief of Engineers has not 

11 initiated a peer review of a project study, the Chief of En12 gineers shall consider, at a minimum, whether to initiate 

13 a peer review at the time that— 

14 (1) the without-project conditions are identified; 

15 (2) the array of alternatives to be considered 

16 are identified; and 

17 (3) the preferred alternative is identified. 

18 Nothing in this subsection shall be construed to require 

19 the Chief of Engineers to conduct multiple peer reviews 

20 for a project study. 

21 (c) ESTABLISHMENT OF PANELS.— 

22 (1) IN GENERAL.—For each project study sub23 ject to peer review under subsection (a), as soon as 

24 practicable after the Chief of Engineers determines 

25 that a project study will be subject to peer review, 
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1 the Chief of Engineers shall contract with the Na2 tional Academy of Sciences (or a similar independent 

3 scientific and technical advisory organization), or an 

4 eligible organization, to establish a panel of experts 

5 to peer review the project study for technical and 

6 scientific sufficiency. 

7 (2) MEMBERSHIP.—A panel of experts estab8 lished for a project study under this section shall be 

9 composed of independent experts who represent a 

10 balance of areas of expertise suitable for the review 

11 being conducted. 

12 (3) LIMITATION ON APPOINTMENTS.—An indi13 vidual may not be selected to serve on a panel of ex14 perts established for a project study under this sec15 tion if the individual has a financial or close profes16 sional association with any organization or group 

17 with a strong financial or organizational interest in 

18 the project. 

19 (4) CONGRESSIONAL NOTIFICATION.—Upon 

20 identification of a project study for peer review 

21 under this section, but prior to initiation of any re22 view, the Chief of Engineers shall notify the Com23 mittee on Environment and Public Works of the 

24 Senate and the Committee on Transportation and 
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1 Infrastructure of the House of Representatives of 

2 such review. 

3 (d) DUTIES OF PANELS.—A panel of experts estab4 lished for a peer review for a project study under this sec5 tion shall, consistent with the scope of the referral for re6 view— 

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

8 submitted to the panel for review; 

9 (2) assess the adequacy and acceptability of the 

10 economic and environmental methods, models, and 

11 analyses used by the Chief of Engineers; 

12 (3) provide timely written and oral comments to 

13 the Chief of Engineers throughout the development 

14 of the project study, as requested; and 

15 (4) submit to the Chief of Engineers a final re16 port containing the panel’s economic, engineering, 

17 and environmental analysis of the project study, in18 cluding the panel’s assessment of the adequacy and 

19 acceptability of the economic and environmental 

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

21 Engineers, to accompany the publication of the 

22 project study. 

23 (e) DURATION OF PROJECT STUDY PEER RE24 VIEWS.— 

25 (1) DEADLINE.—A panel of experts shall— 
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1 (A) complete its peer review under this sec2 tion for a project study and submit a report to 

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

4 within 180 days after the date of establishment 

5 of the panel, or, if the Chief of Engineers deter6 mines that a longer period of time is necessary, 

7 such period of time established by the Chief of 

8 Engineers, but in no event later than 90 days 

9 after the date a draft project study is made 

10 available for public review; and 

11 (B) terminate on the date of submission of 

12 the report. 

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

14 does not complete its peer review of a project study 

15 under this section and submit a report to the Chief 

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

17 the deadline established by paragraph (1) for the 

18 project study, the Chief of Engineers shall continue 

19 the project study for the project that is subject to 

20 peer review by the panel without delay. 

21 (f) RECOMMENDATIONS OF PANEL.— 

22 (1) CONSIDERATION BY THE CHIEF OF ENGI23 NEERS.—After receiving a report on a project study 

24 from a panel of experts under this section and be25 fore entering a final record of decision for the 
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1 project, the Chief of Engineers shall consider any 

2 recommendations contained in the report and pre3 pare a written response for any recommendations 

4 adopted or not adopted. 

5 (2) PUBLIC AVAILABILITY AND TRANSMITTAL

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

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

8 Chief of Engineers shall— 

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

10 written response of the Chief of Engineers on 

11 recommendations contained in the report avail12 able to the public; and 

13 (B) transmit to Congress a copy of the re14 port, together with any such written response, 

15 on the date of a final report of the Chief of En16 gineers or other final decision document for a 

17 project study that is subject to peer review by 

18 the panel. 

19 (g) COSTS.— 

20 (1) IN GENERAL.—The costs of a panel of ex21 perts established for a peer review under this sec22 tion— 

23 (A) shall be a Federal expense; and 

24 (B) shall not exceed $500,000. 
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1 (2) WAIVER.—The Chief of Engineers may 

2 waive the $500,000 limitation contained in para3 graph (1)(B) in cases that the Chief of Engineers 

4 determines appropriate. 

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

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

7 period preceding the date of enactment of this Act 

8 and for which the array of alternatives to be consid9 ered has not been identified; and 

10 (2) project studies initiated during the period 

11 beginning on such date of enactment and ending 4 

12 years after such date of enactment. 

13 (i) REPORT.—Within 4 1/2 years of the date of enact14 ment of this section, the Chief of Engineers shall submit 

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

16 (j) NONAPPLICABILITY OF FACA.—The Federal Ad17 visory Committee Act (5 U.S.C. App.) shall not apply to 

18 any peer review panel established under this section. 

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

20 be construed to affect any authority of the Chief of Engi21 neers to cause or conduct a peer review of a water re22 sources project existing on the date of enactment of this 

23 section. 

24 (l) DEFINITIONS.—In this section, the following defi25 nitions apply: 
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1 (1) PROJECT STUDY.—The term ‘‘project 

2 study’’ means a feasibility study or reevaluation 

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

4 study associated with a modification or update of a 

5 project that includes an environmental impact state6 ment, including the environmental impact statement. 

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

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

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

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

11 would be economically or environmentally affected as 

12 a consequence of the project. 

13 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi14 ble organization’’ means an organization that— 

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

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

17 of the Internal Revenue Code of 1986; 

18 (B) is independent; 

19 (C) is free from conflicts of interest; 

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

21 against Federal water resources projects; and 

22 (E) has experience in establishing and ad23 ministering peer review panels. 
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1 SEC. 2031. TRAINING FUNDS. 

2 (a) IN GENERAL.—The Secretary may include indi3 viduals not employed by the Department of the Army in 

4 training classes and courses offered by the Corps of Engi5 neers in any case in which the Secretary determines that 

6 it is in the best interest of the Federal Government to 

7 include those individuals as participants. 

8 (b) EXPENSES.— 

9 (1) IN GENERAL.—An individual not employed 

10 by the Department of the Army attending a training 

11 class or course described in subsection (a) shall pay 

12 the full cost of the training provided to the indi13 vidual. 

14 (2) PAYMENTS.—Payments made by an indi15 vidual for training received under paragraph (1), up 

16 to the actual cost of the training— 

17 (A) may be retained by the Secretary; 

18 (B) shall be credited to an appropriation 

19 or account used for paying training costs; and 

20 (C) shall be available for use by the Sec21 retary, without further appropriation, for train22 ing purposes. 

23 (3) EXCESS AMOUNTS.—Any payments received 

24 under paragraph (2) that are in excess of the actual 

25 cost of training provided shall be credited as mis-
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1 cellaneous receipts to the Treasury of the United 

2 States. 

3 SEC. 2032. ACCESS TO WATER RESOURCE DATA. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 program to provide public access to water resource and 

6 related water quality data in the custody of the Corps of 

7 Engineers. 

8 (b) DATA.—Public access under subsection (a) 

9 shall— 

10 (1) include, at a minimum, access to data gen11 erated in water resources project development and 

12 regulation under section 404 of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1344); and 

14 (2) appropriately employ geographic informa15 tion system technology and linkages to water re16 source models and analytical techniques. 

17 (c) PARTNERSHIPS.—To the maximum extent prac18 ticable, in carrying out activities under this section, the 

19 Secretary shall develop partnerships, including cooperative 

20 agreements with State, tribal, and local governments and 

21 other Federal agencies. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $5,000,000 for each fiscal year. 
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1 SEC. 2033. SHORE PROTECTION PROJECTS. 

2 (a) IN GENERAL.—In accordance with the Act of 

3 July 3, 1930 (33 U.S.C. 426), and notwithstanding ad4 ministrative actions, it is the policy of the United States 

5 to promote beach nourishment for the purposes of flood 

6 damage reduction and hurricane and storm damage reduc7 tion and related research that encourage the protection, 

8 restoration, and enhancement of sandy beaches, including 

9 beach restoration and periodic beach renourishment for a 

10 period of 50 years, on a comprehensive and coordinated 

11 basis by the Federal Government, States, localities, and 

12 private enterprises. 

13 (b) PREFERENCE.—In carrying out the policy, pref14 erence shall be given to— 

15 (1) areas in which there has been a Federal in16 vestment of funds for the purposes described in sub17 section (a); and 

18 (2) areas with respect to which the need for 

19 prevention or mitigation of damage to shores and 

20 beaches is attributable to Federal navigation 

21 projects or other Federal activities. 

22 (c) APPLICABILITY.—The Secretary shall apply the 

23 policy to each shore protection and beach renourishment 

24 project (including shore protection and beach renourish25 ment projects constructed before the date of enactment 

26 of this Act). 
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1 SEC. 2034. ABILITY TO PAY. 

2 (a) CRITERIA AND PROCEDURES.—Section 

3 103(m)(2) of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2213(m)(2)) is amended by striking 

5 ‘‘180 days after such date of enactment’’ and inserting 

6 ‘‘August 31, 2005’’. 

7 (b) PROJECTS.—The Secretary shall apply the cri8 teria and procedures referred to in section 103(m) of the 

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

10 2213(m)) to the following projects: 

11 (1) ST. JOHNS BAYOU AND NEW MADRID

12 FLOODWAY, MISSOURI.—The project for flood con13 trol, St. Johns Bayou and New Madrid Floodway, 

14 Missouri, authorized by section 401(a) of the Water 

15 Resources Development Act of 1986 (100 Stat. 

16 4118). 

17 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 

18 project for flood control, Lower Rio Grande Basin, 

19 Texas, authorized by section 401(a) of the Water 

20 Resources Development Act of 1986 (100 Stat. 

21 4125). 

22 (3) WEST VIRGINIA AND PENNSYLVANIA

23 PROJECTS.—The projects for flood control author24 ized by section 581 of the Water Resources Develop25 ment Act of 1996 (110 Stat. 3790–3791). 
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1 SEC. 2035. AQUATIC ECOSYSTEM RESTORATION. 

2 Section 206(e) of the Water Resources Development 

3 Act of 1996 (33 U.S.C. 2330) is amended by striking 

4 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 

5 SEC. 2036. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 

6 Section 205 of the Flood Control Act of 1948 (33 

7 U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and 

8 inserting ‘‘$60,000,000’’. 

9 SEC. 2037. LEASING AUTHORITY. 

10 Section 4 of the Act entitled ‘‘An Act authorizing the 

11 construction of certain public works on rivers and harbors 

12 for flood control, and other purposes’’, approved December 

13 22, 1944 (16 U.S.C. 460d) is amended— 

14 (1) by inserting ‘‘federally-recognized Indian 

15 tribes and’’ before ‘‘Federal’’ the first place it ap16 pears; 

17 (2) by inserting ‘‘Indian tribes or’’ after ‘‘con18 siderations, to such’’; and 

19 (3) by inserting ‘‘federally-recognized Indian 

20 tribe’’ after ‘‘That in any such lease or license to a’’. 

21 SEC. 2038. COST ESTIMATES. 

22 The estimated Federal and non-Federal costs of 

23 projects authorized to be carried out by the Secretary be24 fore, on, or after the date of enactment of this Act are 

25 for informational purposes only and shall not be inter-
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1 preted as affecting the cost sharing responsibilities estab2 lished by law. 

3 SEC. 2039. STUDIES AND REPORTS FOR WATER RESOURCES 

4 PROJECTS. 

5 (a) STUDIES.— 

6 (1) COST-SHARING REQUIREMENTS.—Section 

7 105(a) of the Water Resources Development Act of 

8 1986 (33 U.S.C. 2215(a)) is amended by adding at 

9 the end the following: 

10 ‘‘(3) DETAILED PROJECT REPORTS.—The re11 quirements of this subsection that apply to a feasi12 bility study also shall apply to a study that results 

13 in a detailed project report, except that— 

14 ‘‘(A) the first $100,000 of the costs of a 

15 study that results in a detailed project report 

16 shall be a Federal expense; and 

17 ‘‘(B) paragraph (1)(C)(ii) shall not apply 

18 to such a study.’’. 

19 (2) PLANNING AND ENGINEERING.—Section 

20 105(b) of such Act (33 U.S.C. 2215(b)) is amended 

21 by striking ‘‘authorized by this Act’’. 

22 (3) DEFINITIONS.—Section 105 of such Act (33 

23 U.S.C. 2215) is amended by adding at the end the 

24 following: 
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1 ‘‘(d) DEFINITIONS.—In this section, the following 

2 definitions apply: 

3 ‘‘(1) DETAILED PROJECT REPORT.—The term 

4 ‘detailed project report’ means a report for a project 

5 not specifically authorized by Congress in law or 

6 otherwise that determines the feasibility of the 

7 project with a level of detail appropriate to the scope 

8 and complexity of the recommended solution and 

9 sufficient to proceed directly to the preparation of 

10 contract plans and specifications. The term includes 

11 any associated environmental impact statement and 

12 mitigation plan. For a project for which the Federal 

13 cost does not exceed $1,000,000, the term includes 

14 a planning and design analysis document. 

15 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasi16 bility study’ means a study that results in a feasi17 bility report under section 905, and any associated 

18 environmental impact statement and mitigation 

19 plan, prepared by the Corps of Engineers for a 

20 water resources project. The term includes a study 

21 that results in a project implementation report pre22 pared under title VI of the Water Resources Devel23 opment Act of 2000 (114 Stat. 2680–2694), a gen24 eral reevaluation report, and a limited reevaluation 

25 report.’’. 
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1 (b) REPORTS.— 

2 (1) PREPARATION.—Section 905(a) of the 

3 Water Resources Development Act of 1986 (33 

4 U.S.C. 2282(a); 100 Stat. 4185) is amended— 

5 (A) by striking ‘‘(a) In the case of any’’ 

6 and inserting the following: 

7 ‘‘(a) PREPARATION OF REPORTS.— 

8 ‘‘(1) IN GENERAL.—In the case of any’’; 

9 (B) by striking ‘‘the Secretary, the Sec10 retary shall’’ and inserting ‘‘the Secretary that 

11 results in recommendations concerning a 

12 project or the operation of a project and that 

13 requires specific authorization by Congress in 

14 law or otherwise, the Secretary shall perform a 

15 reconnaissance study and’’; 

16 (C) by striking ‘‘Such feasibility report’’ 

17 and inserting the following: 

18 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 

19 feasibility report’’; 

20 (D) by striking ‘‘The feasibility report’’ 

21 and inserting ‘‘A feasibility report’’; and 

22 (E) by striking the last sentence and in23 serting the following: 

24 ‘‘(3) APPLICABILITY.—This subsection shall not 

25 apply to— 
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1 ‘‘(A) any study with respect to which a re2 port has been submitted to Congress before the 

3 date of enactment of this Act; 

4 ‘‘(B) any study for a project, which project 

5 is authorized for construction by this Act and 

6 is not subject to section 903(b); 

7 ‘‘(C) any study for a project which does 

8 not require specific authorization by Congress 

9 in law or otherwise; and 

10 ‘‘(D) general studies not intended to lead 

11 to recommendation of a specific water resources 

12 project. 

13 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 

14 subsection, the term ‘feasibility report’ means each 

15 feasibility report, and any associated environmental 

16 impact statement and mitigation plan, prepared by 

17 the Corps of Engineers for a water resources 

18 project. The term includes a project implementation 

19 report prepared under title VI of the Water Re20 sources Development Act of 2000 (114 Stat. 2680– 

21 2694), a general reevaluation report, and a limited 

22 reevaluation report.’’. 

23 (2) PROJECTS NOT SPECICIALLY AUTHORIZED

24 BY CONGRESS.—Section 905 of such Act is further 

25 amended— 
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1 (A) in subsection (b) by inserting ‘‘RECON2 NAISSANCE STUDIES.—’’ before ‘‘Before initi3 ating’’; 

4 (B) by redesignating subsections (c), (d), 

5 and (e) as subsections (d), (e), and (f), respec6 tively; 

7 (C) by inserting after subsection (b) the 

8 following: 

9 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

10 CONGRESS.—In the case of any water resources project11 related study authorized to be undertaken by the Sec12 retary without specific authorization by Congress in law 

13 or otherwise, the Secretary shall prepare a detailed project 

14 report. ’’; 

15 (D) in subsection (d) (as so redesignated) 

16 by inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For 

17 purposes of’’; and 

18 (E) in subsection (e) (as so redesignated) 

19 by inserting ‘‘STANDARD AND UNIFORM PRO20 CEDURES AND PRACTICES.—’’. 

21 SEC. 2040. FISCAL TRANSPARENCY REPORT. 

22 (a) IN GENERAL.—On the third Tuesday of January 

23 of each year beginning January 2006, the Chief of Engi24 neers shall submit to the Committee on Environment and 

25 Public Works of the Senate and the Committee on Trans-
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1 portation and Infrastructure of the House of Representa2 tives a report on the expenditures for the preceding fiscal 

3 year and estimated expenditures for the current fiscal year 

4 and, for projects and activities that are not scheduled for 

5 completion in the current fiscal year, the estimated ex6 penditures necessary in the following fiscal year for each 

7 project or activity to maintain the same level of effort 

8 being achieved in the current fiscal year. 

9 (b) CONTENTS.—In addition to the information de10 scribed in subsection (a), the report shall contain a de11 tailed accounting of the following information: 

12 (1) With respect to general construction, infor13 mation on— 

14 (A) projects currently under construction, 

15 including— 

16 (i) allocations to date; 

17 (ii) the number of years remaining to 

18 complete construction; 

19 (iii) the estimated annual Federal cost 

20 to maintain that construction schedule; 

21 and 

22 (iv) a list of projects the Corps of En23 gineers expects to complete during the cur24 rent fiscal year; and 
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1 (B) projects for which there is a signed 

2 cost-sharing agreement and completed planning, 

3 engineering, and design, including— 

4 (i) the number of years the project is 

5 expected to require for completion; and 

6 (ii) estimated annual Federal cost to 

7 maintain that construction schedule. 

8 (2) With respect to operation and maintenance 

9 of the inland and intracoastal waterways under sec10 tion 206 of Public Law 95–502 (33 U.S.C. 1804)— 

11 (A) the estimated annual cost to maintain 

12 each waterway for the authorized reach and at 

13 the authorized depth; and 

14 (B) the estimated annual cost of operation 

15 and maintenance of locks and dams to ensure 

16 navigation without interruption. 

17 (3) With respect to general investigations and 

18 reconnaissance and feasibility studies— 

19 (A) the number of active studies; 

20 (B) the number of completed studies not 

21 yet authorized for construction; 

22 (C) the number of initiated studies; and 

23 (D) the number of studies expected to be 

24 completed during the fiscal year. 
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1 (4) Funding received and estimates of funds to 

2 be received for interagency and international support 

3 activities under section 318(a) of the Water Re4 sources Development Act of 1990 (33 U.S.C. 

5 2323(a)). 

6 (5) Recreation fees and lease payments. 

7 (6) Hydropower and water storage fees. 

8 (7) Deposits into the Inland Waterway Trust 

9 Fund and the Harbor Maintenance Trust Fund. 

10 (8) Other revenues and fees collected. 

11 TITLE III—PROJECT-RELATED 

12 PROVISIONS 

13 SEC. 3001. KING COVE HARBOR, ALASKA. 

14 The maximum amount of Federal funds that may be 

15 expended for the project for navigation, King Cove Har16 bor, Alaska, being carried out under section 107 of the 

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

18 $8,000,000. 

19 SEC. 3002. ST. PAUL HARBOR, ST. PAUL ISLAND, ALASKA. 

20 (a) SMALL BOAT HARBOR.—No elements of the 

21 project for navigation, St. Paul Harbor, St. Paul Island, 

22 Alaska, authorized by section 101(b)(3) of the Water Re23 sources Development Act of 1996 (110 Stat. 3667) and 

24 modified by section 303 of the Water Resources Develop25 ment Act of 1999 (113 Stat. 298) and section 105 of the 
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1 Energy and Water Development Appropriations Act, 2003 

2 (117 Stat. 139), shall be treated by the Secretary as sepa3 rable. 

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

5 non-Federal share for the project shall not exceed 

6 $14,400,000. 

7 SEC. 3003. SITKA, ALASKA. 

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

9 project for navigation Southeast Alaska Harbors of Ref10 uge, Alaska, authorized by section 101 of the Water Re11 sources Development Act of 1992 (106 Stat. 4801), is 

12 modified to direct the Secretary to take such action as 

13 may be necessary to correct design deficiencies in such ele14 ment, at a Federal expense of $6,300,000. 

15 SEC. 3004. TATITLEK, ALASKA. 

16 The maximum amount of Federal funds that may be 

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

18 being carried out under section 107 of the River and Har19 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 

20 SEC. 3005. WHITTIER, ALASKA. 

21 (a) NEW BOAT HARBOR (HEAD OF BAY).—The max22 imum amount of Federal funds that may be expended for 

23 a project for navigation, New Boat Harbor (Head of Bay), 

24 Whittier, Alaska, carried out on or after the date of enact-
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1 ment of this Act under section 107 of the River and Har2 bor Act of 1960 (33 U.S.C. 577), shall be $14,000,000. 

3 (b) EXISTING HARBOR EXPANSION.— The maximum 

4 amount of Federal funds that may be expended for a 

5 project for navigation, Existing Harbor Expansion, Whit6 tier, Alaska, carried out on or after the date of enactment 

7 of this Act under section 107 of the River and Harbor 

8 Act of 1960 (33 U.S.C. 577), shall be $9,000,000. 

9 SEC. 3006. GRAND PRAIRIE REGION AND BAYOU METO 

10 BASIN, ARKANSAS. 

11 The Secretary shall review the general reevaluation 

12 report for the Bayou Meto basin element of the project 

13 for Grand Prairie Region and Bayou Meto Basin, Arkan14 sas, reauthorized by section 363(a) of the Water Re15 sources Development Act of 1996 (110 Stat. 3730), and 

16 make a determination of whether the element is feasible, 

17 regardless of mission priorities. 

18 SEC. 3007. OSCEOLA HARBOR, ARKANSAS. 

19 (a) IN GENERAL.—The project for navigation, Osce20 ola Harbor, Arkansas, constructed under section 107 of 

21 the River and Harbor Act of 1960 (33 U.S.C. 577), is 

22 modified to allow non-Federal interests to construct a 

23 mooring facility within the existing authorized harbor 

24 channel, subject to all necessary permits, certifications, 

25 and other requirements. 
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1 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

2 Nothing in this section shall be construed as affecting the 

3 responsibility of the Secretary to maintain the general 

4 navigation features of the project at a bottom width of 

5 250 feet. 

6 SEC. 3008. PINE MOUNTAIN DAM, ARKANSAS. 

7 The Pine Mountain Dam feature of the project for 

8 flood protection, Lee Creek, Arkansas and Oklahoma, au9 thorized by section 204 of the Flood Control Act of 1965 

10 (79 Stat. 1078), is modified— 

11 (1) to add environmental restoration as a 

12 project purpose; and 

13 (2) to direct the Secretary to finance the non14 Federal share of the cost of the project over a 30- 

15 year period in accordance with section 103(k) of the 

16 Water Resources Development Act of 1986 (33 

17 U.S.C. 2213(k)). 

18 SEC. 3009. SAINT FRANCIS BASIN, ARKANSAS. 

19 The project for flood control, Saint Francis Basin, 

20 Missouri and Arkansas, authorized by section 204 of the 

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

22 authorize the Secretary to construct improvements along 

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

24 Saint Francis Levee and related channel improvements. 
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1 SEC. 3010. AMERICAN RIVER WATERSHED, CALIFORNIA. 

2 Section 128 of Public Law 108–137 (117 Stat. 1838) 

3 is amended by adding at the end the following: 

4 ‘‘(c) DAM SAFETY MODIFICATIONS AT L.L. ANDER5 SON DAM.—In determining improvements for dam safety 

6 that are necessary at the L.L. Anderson Dam, the Sec7 retary shall consider the without-project condition to be 

8 the dam as it existed on December 1, 2003.’’. 

9 SEC. 3011. COMPTON CREEK, CALIFORNIA. 

10 The project for flood control, Los Angeles Drainage 

11 Area, California, authorized by section 101(b) of the 

12 Water Resources Development Act of 1990 (104 Stat. 

13 4611), is modified to add environmental restoration and 

14 recreation as project purposes. 

15 SEC. 3012. GRAYSON CREEK/MURDERER’S CREEK, CALI16 FORNIA. 

17 The project for aquatic ecosystem restoration, Gray18 son Creek/Murderer’s Creek, California, being carried out 

19 under section 206 of the Water Resources Development 

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

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

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

23 non-Federal interest before the date of the partnership 

24 agreement for the project if the Secretary determines that 

25 the work is integral to the project and to authorize the 
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1 Secretary to consider national ecosystem restoration bene2 fits in determining the Federal interest in the project. 

3 SEC. 3013. 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. 

7 279), is modified to direct the Secretary to construct the 

8 project substantially in accordance with the report of the 

9 Chief of Engineers dated July 19, 2004, at a total cost 

10 of $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. 3014. JOHN F. BALDWIN SHIP CHANNEL AND STOCK14 TON SHIP CHANNEL, CALIFORNIA. 

15 The project for navigation, San Francisco to Stock16 ton, California, authorized by section 301 of the River and 

17 Harbor 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 

20 Stockton Ship Channel element of the project may 

21 be provided in the form of in-kind services and ma22 terials; and 

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

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

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

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

4 SEC. 3015. KAWEAH RIVER, CALIFORNIA. 

5 The project for flood control, Terminus Dam, 

6 Kaweah River, California, authorized by section 101(b)(5) 

7 of the Water Resources Development Act of 1996 (110 

8 Stat. 3658), is modified to direct the Secretary to credit 

9 toward the non-Federal share of the cost of the project, 

10 or provide reimbursement not to exceed $800,000, for the 

11 costs of any work carried out by the non-Federal interest 

12 before, on, or after the date of the project partnership 

13 agreement if the Secretary determines that the work is 

14 integral to the project. 

15 SEC. 3016. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI16 FORNIA. 

17 The project for navigation, Larkspur Ferry Channel, 

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

19 Water Resources Development Act of 1986 (100 Stat. 

20 4148), is modified to direct the Secretary to determine 

21 whether maintenance of the project is feasible, and if the 

22 Secretary determines that maintenance of the project is 

23 feasible, to carry out such maintenance. 
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1 SEC. 3017. LLAGAS CREEK, CALIFORNIA. 

2 The project for flood damage reduction, Llagas 

3 Creek, California, authorized by section 501(a) of the 

4 Water Resources Development Act of 1999 (113 Stat. 

5 333), is modified to authorize the Secretary to carry out 

6 the project at a total cost of $105,000,000. 

7 SEC. 3018. LOS ANGELES HARBOR, CALIFORNIA. 

8 The project for navigation, Los Angeles Harbor, Cali9 fornia, authorized by section 101(b)(5) of the Water Re10 sources Development Act of 2000 (114 Stat. 2577), is 

11 modified to authorize the Secretary to carry out the 

12 project at a total cost of $222,000,000. 

13 SEC. 3019. MAGPIE CREEK, CALIFORNIA. 

14 (a) IN GENERAL.—The project for Magpie Creek, 

15 California, authorized under section 205 of the Flood Con16 trol Act of 1948 (33 U.S.C. 701s), is modified to direct 

17 the Secretary to apply the cost-sharing requirements of 

18 section 103(b) of the Water Resources Development Act 

19 of 1986 (100 Stat. 4085) for the portion of the project 

20 consisting of land acquisition to preserve and enhance ex21 isting floodwater storage. 

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

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

24 planning and design work carried out by the non-Federal 

25 interest before the date of the partnership agreement for 
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1 the project if the Secretary determines that the work is 

2 integral to the project. 

3 SEC. 3020. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI4 FORNIA. 

5 The project for aquatic ecosystem restoration, Pacific 

6 Flyway Center, Sacramento, California, being carried out 

7 under section 206 of the Water Resources Development 

8 Act of 1996 (33 U.S.C. 2330), is modified to authorize 

9 the Secretary to expend $2,000,000 to enhance public ac10 cess to the project. 

11 SEC. 3021. PINOLE CREEK, CALIFORNIA. 

12 The project for improvement of the quality of the en13 vironment, Pinole Creek Phase I, California, being carried 

14 out under section 1135 of the Water Resources Develop15 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

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

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

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

19 agreement for the project if the Secretary determines that 

20 the work is integral to the project. 

21 SEC. 3022. PRADO DAM, CALIFORNIA. 

22 Upon completion of the modifications to the Prado 

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

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

25 of the Water Resources Development Act of 1986 (100 
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1 Stat. 4113), the Memorandum of Agreement for the Oper2 ation for Prado Dam for Seasonal Additional Water Con3 servation between the Department of the Army and the 

4 Orange County Water District (including all the condi5 tions and stipulations in the memorandum) shall remain 

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

7 modifications. 

8 SEC. 3023. SACRAMENTO AND AMERICAN RIVERS FLOOD 

9 CONTROL, CALIFORNIA. 

10 (a) IN GENERAL.—The Secretary shall credit toward 

11 that portion of the non-Federal share of the costs of the 

12 flood damage reduction project authorized by section 

13 101(a)(6)(A) of the Water Resources Development Act of 

14 1999 (113 Stat. 274) that is to be paid by the Sacramento 

15 Area Flood Control Agency an amount equal to the Fed16 eral share of the flood control project authorized by sec17 tion 9159(b) of the Department of Defense Appropriations 

18 Act, 1993 (106 Stat. 1944). 

19 (b) FEDERAL SHARE.—In determining the Federal 

20 share of the project authorized by section 9159(b) of the 

21 Department of Defense Appropriations Act, 1993, the 

22 Secretary shall include all audit verified costs for plan23 ning, engineering, construction, and acquisition of project 

24 lands, easements, rights-of-way, relocations, and environ-
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1 mental mitigation for all project elements that the Sec2 retary determines to be cost effective. 

3 (c) AMOUNT CREDITED.—The amount credited shall 

4 be equal to the Federal share determined under this sec5 tion, reduced by the total of all reimbursements paid to 

6 the Sacramento Area Flood Control Agency for work 

7 under section 9159(b) of the Department of Defense Ap8 propriations Act, 1993 before the date of enactment of 

9 this Act. 

10 SEC. 3024. SACRAMENTO DEEP WATER SHIP CHANNEL, 

11 CALIFORNIA. 

12 The project for navigation, Sacramento Deep Water 

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

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

15 4092), is modified to direct the Secretary to credit toward 

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

17 of planning and design work carried out by the non-Fed18 eral interest before the date of the partnership agreement 

19 for the project if the Secretary determines that the work 

20 is integral to the project. 

21 SEC. 3025. SACRAMENTO RIVER, GLENN-COLUSA, CALI22 FORNIA. 

23 The project for flood control, Sacramento River, Cali24 fornia, authorized by section 2 of the Act entitled ‘‘An Act 

25 to provide for the control of the floods of the Mississippi 
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1 River and of the Sacramento River, California, and for 

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

3 and modified by section 102 of the Energy and Water De4 velopment Appropriations Act, 1990 (103 Stat. 649), sec5 tion 301(b)(3) of the Water Resources Development Act 

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

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

8 and section 305 of the Water Resources Development Act 

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

10 Secretary to credit the non-Federal interest up to 

11 $4,000,000 toward the non-Federal share of the cost of 

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

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

14 easements, rights-of-way, relocations, and dredged mate15 rial disposal areas) associated with environmental compli16 ance for the project if the Secretary determines that the 

17 activities are integral to the project. 

18 SEC. 3026. SANTA CRUZ HARBOR, CALIFORNIA. 

19 The project of navigation, Santa Cruz Harbor, Cali20 fornia, authorized by section 101 of the River and Harbor 

21 Act of 1958 (72 Stat. 300) and modified by section 809 

22 of the Water Resources Development Act of 1986 (100 

23 Stat. 4168) and section 526 of the Water Resources De24 velopment Act of 1999 (113 Stat. 346), is modified to di25 rect the Secretary— 
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1 (1) to renegotiate the memorandum of agree2 ment with the non-Federal interest to increase the 

3 annual payment to reflect the updated cost of oper4 ation and maintenance that is the Federal and non5 Federal share as provided by law based on the 

6 project purpose; and 

7 (2) to revise the memorandum of agreement to 

8 include terms that revise such payments for infla9 tion. 

10 SEC. 3027. SEVEN OAKS DAM, CALIFORNIA. 

11 The project for flood control, Santa Ana Mainstem, 

12 authorized by section 401(a) of the Water Resources De13 velopment Act of 1986 (100 Stat. 4113) and modified by 

14 section 104 of the Energy and Water Development Appro15 priations Act, 1988 (101 Stat. 1329–11), section 102(e) 

16 of the Water Resources Development Act of 1990 (104 

17 Stat. 4611), and section 311 of the Water Resources De18 velopment Act of 1996 (110 Stat. 3713), is further modi19 fied to direct the Secretary to conduct a study for the re20 allocation of water storage at the Seven Oaks Dam, Cali21 fornia, for water conservation. 

22 SEC. 3028. UPPER GUADALUPE RIVER, CALIFORNIA. 

23 The project for flood damage reduction and recre24 ation, Upper Guadalupe River, California, described as the 

25 Bypass Channel Plan of the Chief of Engineers dated Au-
125 

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1 gust 19, 1998, authorized by section 101(a)(9) of the 

2 Water Resources Development Act of 1999 (113 Stat. 

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

4 the project, at a total cost of $212,100,000, with an esti5 mated Federal cost of $106,050,000, and an estimated 

6 non-Federal cost of $106,050,000. The non-Federal share 

7 of the cost of the project shall be subject to section 

8 103(a)(3) of the Water Resources Development Act of 

9 1986 (33 U.S.C. 2213(a)(3)). 

10 SEC. 3029. WALNUT CREEK CHANNEL, CALIFORNIA. 

11 The project for aquatic ecosystem restoration, Wal12 nut Creek Channel, California, being carried out under 

13 section 206 of the Water Resources Development Act of 

14 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

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

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

17 interest before the date of the partnership agreement for 

18 the project if the Secretary determines that the work is 

19 integral to the project and to authorize the Secretary to 

20 consider national ecosystem restoration benefits in deter21 mining the Federal interest in the project. 

22 SEC. 3030. WILDCAT/SAN PABLO CREEK PHASE I, CALI23 FORNIA. 

24 The project for improvement of the quality of the en25 vironment, Wildcat/San Pablo Creek Phase I, California, 
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1 being carried out under section 1135 of the Water Re2 sources Development Act of 1986 (33 U.S.C. 2309a), is 

3 modified to direct the Secretary to credit toward the non4 Federal share of the cost of the project the cost of work 

5 carried out by the non-Federal interest before the date of 

6 the partnership agreement for the project if the Secretary 

7 determines that the work is integral to the project. 

8 SEC. 3031. WILDCAT/SAN PABLO CREEK PHASE II, CALI9 FORNIA. 

10 The project for aquatic ecosystem restoration, Wild11 cat/San Pablo Creek Phase II, California, being carried 

12 out under section 206 of the Water Resources Develop13 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 

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

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

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

17 agreement for the project if the Secretary determines that 

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

19 Secretary to consider national ecosystem restoration bene20 fits in determining the Federal interest in the project. 

21 SEC. 3032. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

22 The project for flood damage reduction, Yuba River 

23 Basin, California, authorized by section 101(a)(10) of the 

24 Water Resources Development Act of 1999 (113 Stat. 

25 275), is modified— 
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1 (1) to authorize the Secretary to construct the 

2 project at a total cost of $107,700,000, with an esti3 mated Federal cost of $70,000,000 and an esti4 mated non-Federal cost of $37,700,000; and 

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

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

7 of work carried out by the non-Federal interest be8 fore the date of the partnership agreement for the 

9 project if the Secretary determines that the work is 

10 integral to the project. 

11 SEC. 3033. JOHN MARTIN RESERVOIR, BENT COUNTY, COL12 ORADO. 

13 The project for flood protection and other purposes, 

14 Arkansas River and tributaries above John Martin Dam, 

15 Colorado, authorized by section 1(a) of the Water Re16 sources Development Act of 1974 (88 Stat. 13), is modi17 fied to authorize the Secretary to acquire fee title to ap18 proximately 623 acres of land on the south shore of the 

19 John Martin Reservoir, Bent County, Colorado, at a total 

20 cost of $100,000. 

21 SEC. 3034. INTRACOASTAL WATERWAY, DELAWARE RIVER 

22 TO CHESAPEAKE BAY, DELAWARE AND MARY23 LAND. 

24 The project for navigation, Intracoastal Waterway, 

25 Delaware River to Chesapeake Bay, Delaware and Mary-
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1 land, authorized by the first section of the Rivers and Har2 bors Act of August 30, 1935 (49 Stat. 1030), and section 

3 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 

4 is modified to add recreation as a project purpose. 

5 SEC. 3035. BREVARD COUNTY, FLORIDA. 

6 (a) SHORELINE.—The project for shoreline protec7 tion, Brevard County, Florida, authorized by section 

8 101(b)(7) of the Water Resources Development Act of 

9 1996 (110 Stat. 3667), is modified— 

10 (1) to direct the Secretary to establish the 

11 reach of the project as the reach between the Flor12 ida department of environmental protection monu13 ments 75.4 to 118.3, a distance of 7.6 miles; and 

14 (2) to direct the Secretary to expedite the gen15 eral reevaluation report required by section 418 of 

16 the Water Resources Development Act of 2000 (114 

17 Stat. 2637). 

18 (b) CREDIT.—Section 310 of the Water Resources 

19 Development Act of 1999 (113 Stat. 301) is amended by 

20 adding at the end the following: 

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

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

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

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

2 navigation project, as determined in the final report for 

3 the study.’’. 

4 SEC. 3036. BROWARD COUNTY AND HILLSBORO INLET, 

5 FLORIDA. 

6 The project for shore protection, Broward County 

7 and Hillsboro Inlet, Florida, authorized by section 301 of 

8 the River and Harbor Act of 1965 (79 Stat. 1090), and 

9 modified by section 311 of the Water Resources Develop10 ment Act of 1999 (113 Stat. 301), is further modified to 

11 direct the Secretary to credit toward the non-Federal 

12 share of the cost of the project the cost of mitigation con13 struction and derelict erosion control structure removal 

14 carried out by the non-Federal interest before the date of 

15 the partnership agreement for the project if the Secretary 

16 determines that the work is integral to the project. 

17 SEC. 3037. CANAVERAL HARBOR, FLORIDA. 

18 In carrying out the project for navigation, Canaveral 

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

20 and Harbor Act of 1962 (76 Stat. 1174), the Secretary 

21 shall construct a sediment trap. 

22 SEC. 3038. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

23 The project for shore protection, Gasparilla and 

24 Estero Island segments, Lee County, Florida, authorized 

25 under section 201 of the Flood Control Act of 1965 (79 
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1 Stat. 1073) by Senate Resolution dated December 17, 

2 1970, and by House Resolution dated December 15, 1970, 

3 and modified by section 309 of the Water Resources De4 velopment Act of 2000 (114 Stat. 2602), is further modi5 fied to direct the Secretary to credit toward the non-Fed6 eral share of the cost of the project the cost of work car7 ried out by the non-Federal interest before the date of the 

8 partnership agreement for the project if the Secretary de9 termines that the work is integral to the project. 

10 SEC. 3039. JACKSONVILLE HARBOR, FLORIDA. 

11 (a) IN GENERAL.—The project for navigation, Jack12 sonville Harbor, Florida, authorized by section 101(a)(17) 

13 of the Water Resources Development Act of 1999 (113 

14 Stat. 276), is modified to authorize the Secretary to ex15 tend the navigation features in accordance with the Report 

16 of the Chief of Engineers, dated July 22, 2003, at a total 

17 cost of $14,658,000, with an estimated Federal cost of 

18 $9,636,000 and an estimated non-Federal cost of 

19 $5,022,000. 

20 (b) GENERAL REEVALUATION REPORTS.—The non21 Federal share of the cost of the general reevaluation re22 port that resulted in the report of the Chief of Engineers 

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

24 the general reevaluation report for Jacksonville Harbor, 

25 Florida, being conducted on June 1, 2005, shall each be 
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1 the same percentage as the non-Federal share of the cost 

2 of construction of the project. 

3 (c) AGREEMENT.—The Secretary shall enter into new 

4 partnership agreements with the non-Federal interest to 

5 reflect the cost sharing required by subsection (b). 

6 SEC. 3040. LIDO KEY BEACH, SARASOTA, FLORIDA. 

7 (a) IN GENERAL.—The project for shore protection, 

8 Lido Key Beach, Sarasota, Florida, authorized by section 

9 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 

10 deauthorized under section 1001(b) of the Water Re11 sources Development Act of 1986 (33 U.S.C. 579a(b)), 

12 and reauthorized by section 364(2)(A) of the Water Re13 sources Development Act of 1999 (113 Stat. 313), is 

14 modified to direct the Secretary to construct the project 

15 substantially in accordance with the report of the Chief 

16 of Engineers dated December 22, 2004, at a total cost 

17 of $14,809,000, with an estimated Federal cost of 

18 $9,088,000 and an estimated non-Federal cost of 

19 $5,721,000, and at an estimated total cost of $58,635,000 

20 for periodic nourishment over the 50-year life of the 

21 project. 

22 (b) CONSTRUCTION OF SHORELINE PROTECTION

23 PROJECTS BY NON-FEDERAL INTERESTS.—The Sec24 retary shall enter into a partnership agreement with the 

25 non-Federal sponsor in accordance with section 206 of the 
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1 Water Resources Development Act of 1992 (33 U.S.C. 

2 426i–1) for the modified project. 

3 SEC. 3041. MIAMI HARBOR, FLORIDA. 

4 The project for navigation, Miami Harbor Channel, 

5 Florida, authorized by section 101(a)(9) of the Water Re6 sources Development Act of 1990 (104 Stat. 4606) and 

7 modified by section 315 of the Water Resources Develop8 ment Act of 1999 (113 Stat. 302), is further modified— 

9 (1) to include as a project purpose environ10 mental mitigation required before July 18, 2003, by 

11 a Federal, State, or local environmental agency for 

12 unauthorized or unanticipated environmental im13 pacts within, or in the vicinity of, the authorized 

14 project; and 

15 (2) to direct the Secretary to reimburse the 

16 non-Federal interest for costs it has incurred in con17 struction of the project in accordance with section 

18 204 of the Water Resources Development Act of 

19 1986 (33 U.S.C. 2232). 

20 SEC. 3042. PEANUT ISLAND, FLORIDA. 

21 The maximum amount of Federal funds that may be 

22 expended for the project for improvement of the quality 

23 of the environment, Peanut Island, Palm Beach County, 

24 Florida, being carried out under section 1135 of the Water 
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1 Resources Development Act of 1986 (33 U.S.C. 2309a) 

2 shall be $9,750,000. 

3 SEC. 3043. 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. 

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

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

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

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

11 agreement for the project if the Secretary determines that 

12 the work is integral to the project. 

13 SEC. 3044. TAMPA HARBOR CUT B, FLORIDA. 

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

15 Tampa Harbor, Florida, authorized by section 101 of the 

16 River and Harbor Act of 1970 (84 Stat. 1818), is modified 

17 to authorize the Secretary to construct passing lanes in 

18 an area approximately 3.5 miles long and centered on 

19 Tampa Harbor Cut B if the Secretary determines that 

20 such improvements are necessary for navigation safety. 

21 (b) GENERAL REEVAULATION REPORT.—The non22 Federal share of the cost of the general reevaluation re23 port for Tampa Harbor, Florida, being conducted on June 

24 1, 2005, shall be the same percentage as the non-Federal 

25 share of 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. 3045. 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 

13 of 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 

18 equal 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 

24 in subsection (a)(1) and may use the proceeds to 

25 pay costs associated with the purchase of lands 
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1 needed for wildlife management and for protection 

2 of the water quality and overall environment of 

3 Allatoona Lake. 

4 (2) TERMS AND CONDITIONS.—Land sales and 

5 purchases to be conducted under this subsection 

6 shall be subject to the following terms and condi7 tions: 

8 (A) Lands acquired under this subsection 

9 shall be by negotiated purchase from willing 

10 sellers only. 

11 (B) The basis for all transactions under 

12 the program shall be a fair market appraisal 

13 acceptable to the Secretary. 

14 (C) The purchasers shall share in the asso15 ciated environmental and real estate costs, to 

16 include surveys and associated fees in accord17 ance with the memorandum referred to in sub18 section (a)(1). 

19 (D) Any other conditions that the Sec20 retary may impose. 

21 (c) REPEAL.—Section 325 of the Water Resources 

22 Development Act of 1992 (106 Stat. 4849) is repealed. 

23 SEC. 3046. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 

24 The maximum amount of Federal funds that may be 

25 expended for the project for improvement of the quality 
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1 of the environment, Latham River, Glynn County, Geor2 gia, being carried out under section 1135 of the Water 

3 Resources Development Act of 1986 (33 U.S.C. 2309a) 

4 shall be $6,175,000. 

5 SEC. 3047. DWORSHAK DAM AND RESERVOIR IMPROVE6 MENTS, IDAHO. 

7 The Secretary may carry out improvements to rec8 reational facilities at the Dworshak Dam and Reservoir, 

9 North Fork, Clearwater River, Idaho, authorized by sec10 tion 203 of the Flood Control Act of 1962 (76 Stat. 1193), 

11 to accommodate lower pool levels. 

12 SEC. 3048. BEARDSTOWN COMMUNITY BOAT HARBOR, 

13 BEARDSTOWN, ILLINOIS. 

14 (a) PARTNERSHIP AGREEMENT.—The project for 

15 navigation, Muscooten Bay, Illinois River, Beardstown 

16 Community Boat Harbor, Beardstown, Illinois, con17 structed under section 107 of the River and Harbor Act 

18 of 1960 (33 U.S.C. 577), is modified to direct the Sec19 retary to enter into a partnership agreement with the city 

20 of Beardstown to replace the August 18, 1983, local co21 operation agreement with the Beardstown Community 

22 Park District. The partnership agreement shall include 

23 the same rights and responsibilities as the agreement, 

24 changing only the identity of the non-Federal sponsor. 
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1 (b) MAINTENANCE.—Following execution of the part2 nership agreement referred to in subsection (a), the Sec3 retary may carry out maintenance of the project referred 

4 to in subsection (a) on an annual basis. 

5 SEC. 3049. CACHE RIVER LEVEE, ILLINOIS. 

6 The Cache River Levee portion of the project for 

7 flood control, Cache River, Illinois, authorized by the Act 

8 of June 28, 1938 (52 Stat. 1215), is modified to add envi9 ronmental restoration as a project purpose. 

10 SEC. 3050. CHICAGO RIVER, ILLINOIS. 

11 The navigation channel for the North Branch Canal 

12 portion of the Chicago River, authorized by the first sec13 tion of the Rivers and Harbors Appropriations Act of 

14 March 3, 1899 (30 Stat. 1129), extending from Bridge 

15 10 to the South/North Branch confluence is modified to 

16 be 105 feet wide. 

17 SEC. 3051. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS. 

18 (a) EXISTING BARRIER.—The Secretary shall up19 grade and make permanent, at Federal expense, the exist20 ing Chicago Sanitary and Ship Canal Dispersal Barrier 

21 Chicago, Illinois, constructed as a demonstration project 

22 under section 1202(i)(3) of the Nonindigenous Aquatic 

23 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

24 4722(i)(3)). 
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1 (b) OPERATION AND MAINTENANCE.—The barrier 

2 referred to in subsection (a) and the barrier in the Chicago 

3 Sanitary and Ship Canal being constructed under section 

4 1135 of the Water Resources Development Act of 1986 

5 (33 U.S.C. 2309a) shall be operated and maintained, at 

6 Federal expense, as a system in a manner to optimize ef7 fectiveness. Operation and maintenance includes inves8 tigating and eliminating potential pathways that may 

9 allow aquatic species in the Des Plaines River and Illinois 

10 and Michigan Canal to bypass the barriers in the Chicago 

11 Sanitary and Ship Canal. 

12 (c) FEASIBILITY STUDY.—The Secretary, in con13 sultation with appropriate Federal, State, local, and non14 governmental entities, shall conduct a feasibility study, at 

15 Federal expense, of the range of options and technologies 

16 available to prevent the spread of aquatic species between 

17 the Great Lakes and Mississippi River Basins through the 

18 Chicago Sanitary and Ship Canal and other pathways. 

19 SEC. 3052. EMIQUON, ILLINOIS. 

20 (a) MAXIMUM AMOUNT.—The maximum amount of 

21 Federal funds that may be expended for the project for 

22 aquatic ecosystem restoration, Emiquon, Illinois, being 

23 carried out under section 206 of the Water Resources De24 velopment Act of 1996 (33 U.S.C. 2330), shall be 

25 $7,500,000. 
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1 (b) LIMITATION.—Nothing in this section shall affect 

2 the eligibility of the project for emergency repair assist3 ance under section 5(a) of the Act entitled ‘‘An Act au4 thorizing the construction of certain public works on rivers 

5 and harbors for flood control, and for other purposes’’, 

6 approved August 18, 1941 (33 U.S.C. 701n). 

7 SEC. 3053. LASALLE, ILLINOIS. 

8 In carrying out section 312 of the Water Resources 

9 Development Act of 1990 (104 Stat. 4639–4640), the Sec10 retary shall give priority to work in the vicinity of LaSalle, 

11 Illinois, on the Illinois and Michigan Canal. 

12 SEC. 3054. SPUNKY BOTTOMS, ILLINOIS. 

13 (a) PROJECT PURPOSE.—The project for flood con14 trol, Spunky Bottoms, Illinois, authorized by section 5 of 

15 the Flood Control Act of June 26, 1936 (35 Stat. 1584), 

16 is modified to add environmental restoration as a project 

17 purpose. 

18 (b) MAXIMUM AMOUNT.—The maximum amount of 

19 Federal funds that may be expended for the project for 

20 improvement of the quality of the environment, Spunky 

21 Bottoms, Illinois, being carried out under section 1135 of 

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

23 2309a), shall be $7,500,000. 

24 (c) LIMITATION.—Nothing in this section shall affect 

25 the eligibility of the project for emergency repair assist-
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1 ance under section 5(a) of the Act entitled ‘‘An Act au2 thorizing the construction of certain public works on rivers 

3 and harbors for flood control, and for other purposes’’, 

4 approved August 18, 1941 (33 U.S.C. 701n). 

5 SEC. 3055. FORT WAYNE AND VICINITY, INDIANA. 

6 The project for flood control Fort Wayne, St. Mary’s 

7 and Maumee Rivers, Indiana, authorized by section 

8 101(a)(11) of the Water Resources Development Act of 

9 1990 (104 Stat. 4604), is modified— 

10 (1) to direct the Secretary to provide a 100- 

11 year level of flood protection at the Berry-Thieme, 

12 Park-Thompson, Woodhurst, and Tillman sites 

13 along the St. Mary’s River, Fort Wayne and vicinity, 

14 Indiana, at a total cost of $5,300,000; and 

15 (2) to allow the non-Federal interest to partici16 pate in the financing of the project in accordance 

17 with section 903(c) of the Water Resources Develop18 ment Act of 1986 (100 Stat. 4184) to the extent 

19 that the Secretary’s evaluation indicates that apply20 ing such section is necessary to implement the 

21 project. 

22 SEC. 3056. KOONTZ LAKE, INDIANA. 

23 The project for aquatic ecosystem restoration, Koontz 

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

25 Water Resources Development Act of 1996 (33 U.S.C. 
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1 2330) and modified by section 520 of the Water Resources 

2 Development Act of 2000 (114 Stat. 2655), is further 

3 modified to direct the Secretary to seek to reduce the cost 

4 of the project by using innovative technologies and cost 

5 reduction measures determined from a review of non-Fed6 eral lake dredging projects in the vicinity of Koontz Lake. 

7 SEC. 3057. LITTLE CALUMET RIVER, INDIANA. 

8 The project for flood control, Little Calumet River, 

9 Indiana, authorized by section 401(a) of the Water Re10 sources Development Act of 1986 (100 Stat. 4115), is 

11 modified to authorize the Secretary to carry out the 

12 project in accordance with the postauthorization change 

13 report dated August 2000, at a total cost of 

14 $198,000,000, with an estimated Federal cost of 

15 $148,500,000 and an estimated non-Federal cost of 

16 $49,500,000. 

17 SEC. 3058. WHITE RIVER, INDIANA. 

18 The project for flood control, Indianapolis on West 

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

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

21 certain public works on rivers and harbors for flood con22 trol, and for other purposes’’, approved June 22, 1936 (49 

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

24 Resources Development Act of 1996 (110 Stat. 3716) and 
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1 section 322 of the Water Resources Development Act of 

2 1999 (113 Stat. 303–304), is further modified— 

3 (1) to authorize the Secretary to undertake the 

4 riverfront alterations described in the Central Indi5 anapolis Waterfront Concept Plan, dated February 

6 1994, for the Fall Creek Reach feature at a total 

7 cost of $28,545,000; and 

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

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

10 of planning, design, and construction work carried 

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

12 the partnership agreement for the project if the Sec13 retary determines that the work is integral to the 

14 project. 

15 SEC. 3059. DES MOINES RIVER AND GREENBELT, IOWA. 

16 The project for the Des Moines Recreational River 

17 and Greenbelt, Iowa, authorized by Public Law 99–88 and 

18 modified by section 604 of the Water Resources Develop19 ment Act of 1986 (100 Stat. 4153), is modified to include 

20 enhanced public access and recreational enhancements, at 

21 a Federal cost of $3,000,000. 

22 SEC. 3060. PRESTONSBURG, KENTUCKY. 

23 The Prestonsburg, Kentucky, element of the project 

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

25 and Cumberland Rivers, West Virginia, Virginia, and Ken-
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1 tucky, authorized by section 202(a) of the Energy and 

2 Water Development Appropriations Act, 1981 (94 Stat. 

3 1339), is modified to direct the Secretary to take measures 

4 to provide a 100-year level of flood protection for the city 

5 of Prestonsburg. 

6 SEC. 3061. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

7 EAST BATON ROUGE PARISH WATERSHED. 

8 The project for flood damage reduction and recre9 ation, Amite River and Tributaries, Louisiana, East 

10 Baton Rouge Parish Watershed, authorized by section 

11 101(a)(21) of the Water Resources Development Act of 

12 1999 (113 Stat. 277) and modified by section 116 of divi13 sion D of Public Law 108–7 (117 Stat. 140), is further 

14 modified— 

15 (1) to direct the Secretary to carry out the 

16 project with the cost sharing for the project deter17 mined in accordance with section 103(a) of the 

18 Water Resources Development Act of 1986 (33 

19 U.S.C. 2213(a)), as in effect on October 11, 1996; 

20 (2) to authorize the Secretary to construct the 

21 project at a total cost of $178,000,000; and 

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

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

24 of work carried out by the non-Federal interest be25 fore the date of the partnership agreement for the 
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1 project if the Secretary determines that the work is 

2 integral to the project. 

3 SEC. 3062. ATCHAFALAYA BASIN, LOUISIANA. 

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

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

6 2604) is amended to read as follows: 

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

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

9 A Regional Visitor Center in the vicinity of Morgan 

10 City, Louisiana, in consultation with the State of 

11 Louisiana, to provide information to the public on 

12 the Atchafalaya River system and other associated 

13 waterways that have influenced surrounding commu14 nities, and national and local water resources devel15 opment of the Army Corps of Engineers in South 

16 Central Louisiana; and’’. 

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

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

19 ‘‘(a)(2)’’. 

20 (c) DONATIONS.—Section 315 of such Act is amend21 ed by adding at the end the following: 

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

23 the Mississippi River Commission is authorized to accept 

24 the donation of cash, funds, lands, materials, and services 
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1 from non-Federal governmental entities and nonprofit cor2 porations.’’. 

3 SEC. 3063. BAYOU PLAQUEMINE, LOUISIANA. 

4 The project for the improvement of the quality of the 

5 environment, Bayou Plaquemine, Louisiana, being carried 

6 out under section 1135 of the Water Resources Develop7 ment Act of 1986 (33 U.S.C. 2309(a)), is modified to di8 rect the Secretary to credit toward the non-Federal share 

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

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

11 agreement for the project if the Secretary determines that 

12 the work is integral to the project. 

13 SEC. 3064. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU14 ISIANA. 

15 The public access feature of the Atchafalaya Basin 

16 Floodway System project, Louisiana, authorized by sec17 tion 601(a) of the Water Resources Development Act 

18 1986 (100 Stat. 4142), is modified to authorize the Sec19 retary to acquire from willing sellers the fee interest, ex20 clusive of oil, gas, and minerals, of an additional 20,000 

21 acres of land within the Lower Atchafalaya Basin 

22 Floodway for the public access feature of the Atchafalaya 

23 Basin Floodway System, to enhance fish and wildlife re24 sources, at a total cost of $4,000,000. 
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1 SEC. 3065. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

2 RIVER TO SHREVEPORT, LOUISIANA. 

3 The project for mitigation of fish and wildlife losses, 

4 J. Bennett Johnston Waterway, Mississippi River to 

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

6 Water Resources Development Act of 1986 (100 Stat. 

7 4142) and modified by section 4(h) of the Water Re8 sources Development Act of 1988 (102 Stat. 4016), sec9 tion 102(p) of the Water Resources Development Act of 

10 1990 (104 Stat. 4613), section 301(b)(7) of the Water 

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

12 section 316 of the Water Resources Development Act of 

13 2000 (114 Stat. 2572), is further modified— 

14 (1) to authorize the purchase and reforesting 

15 lands that have been cleared or converted to agricul16 tural uses; and 

17 (2) to incorporate current wildlife and forestry 

18 management practices for the purpose of improving 

19 species diversity on mitigation lands that meet Fed20 eral and State of Louisiana habitat goals and objec21 tives. 

22 SEC. 3066. MISSISSIPPI DELTA REGION, LOUISIANA. 

23 The Mississippi Delta Region project, Louisiana, au24 thorized as part of the project for hurricane-flood protec25 tion on Lake Pontchartrain, Louisiana, by section 204 of 

26 the Flood Control Act of 1965 (79 Stat. 1077) and modi-
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1 fied by section 365 of the Water Resources Development 

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

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

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

5 in the Davis Pond project area if the Secretary determines 

6 that the work is integral to the Mississippi Delta Region 

7 project. 

8 SEC. 3067. NEW ORLEANS TO VENICE, LOUISIANA. 

9 The New Orleans to Venice, Louisiana, project for 

10 hurricane protection, authorized by section 203 of the 

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

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

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

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

15 SEC. 3068. WEST BANK OF THE MISSISSIPPI RIVER (EAST 

16 OF HARVEY CANAL), LOUISIANA. 

17 Section 328 of the Water Resources Development Act 

18 of 1999 (113 Stat. 304–305) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘operation and mainte21 nance’’ and inserting ‘‘operation, maintenance, 

22 rehabilitation, repair, and replacement’’; and 

23 (B) by striking ‘‘Algiers Channel’’ and in24 serting ‘‘Algiers Canal Levees’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(c) COST SHARING.—The non-Federal share of the 

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

3 SEC. 3069. CAMP ELLIS, SACO, MAINE. 

4 The maximum amount of Federal funds that may be 

5 expended for the project being carried out under section 

6 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

7 for the mitigation of shore damages attributable to the 

8 project for navigation, Camp Ellis, Saco, Maine, shall be 

9 $25,000,000. 

10 SEC. 3070. UNION RIVER, MAINE. 

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

13 making appropriations for the construction, repair, and 

14 preservation of certain public works on rivers and harbors, 

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

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

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

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

19 N315,975.13, E1,004,424.86, thence running north 61 

20 degrees 27 minutes 20.71 seconds west about 132.34 feet 

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

22 SEC. 3071. GWYNNS FALLS WATERSHED, BALTIMORE, 

23 MARYLAND. 

24 (a) IN GENERAL.—The Secretary shall carry out the 

25 project for ecosystem restoration, Gwynns Falls, Mary-
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1 land, in accordance with the Baltimore Metropolitan 

2 Water Resources Gwynns Falls Watershed Study-Draft 

3 Feasibility Report and Integrated Environmental Assess4 ment prepared by the Corps of Engineers and the city of 

5 Baltimore, Maryland, dated April 2004. 

6 (b) SPECIAL RULE FOR GWYNNS FALLS, MARY7 LAND.—The report on the project for environmental res8 toration at Gwynns Falls, Maryland, shall be treated as 

9 being consistent and in compliance with the consent decree 

10 entered into between the United States and the Mayor and 

11 City Council of Baltimore, Maryland, filed with the United 

12 States District Court for the District of Maryland on April 

13 26, 2002. 

14 (c) REPEAL.—Section 123 of Public Law 108–137 

15 (117 Stat. 1837) is repealed. 

16 SEC. 3072. DETROIT RIVER SHORELINE, DETROIT, MICHI17 GAN. 

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

19 streambank and shoreline protection, Detroit River Shore20 line, Detroit, Michigan, being carried out under section 14 

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

22 modified to include measures to enhance public access. 

23 (b) MAXIMUM FEDERAL EXPENDITURE.—The max24 imum amount of Federal funds that may be expended for 

25 the project shall be $3,000,000. 
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1 SEC. 3073. ST. JOSEPH HARBOR, MICHIGAN. 

2 The Secretary shall expedite development of the 

3 dredged material management plan for the project for 

4 navigation St. Joseph Harbor, Michigan, authorized by 

5 section 101 of the River and Harbor Act of 1958 (72 Stat. 

6 299). 

7 SEC. 3074. SAULT SAINTE MARIE, MICHIGAN. 

8 (a) IN GENERAL.—The text of section 1149 of the 

9 Water Resources Development Act of 1986 (100 Stat. 

10 4254) is amended to read as follows: 

11 ‘‘The Secretary shall construct at Federal expense a 

12 second lock, of the same dimensions as the existing Poe 

13 Lock, adjacent to the existing lock at Sault Sainte Marie, 

14 Michigan, generally in accordance with the report of the 

15 Board of Engineers for Rivers and Harbors, dated May 

16 19, 1986, and the limited reevaluation report dated Feb17 ruary 2004 at a total cost of $341,714,000.’’. 

18 (b) CONFORMING REPEALS.—The following 

19 provisoins are repealed: 

20 (1) Section 107(a)(8) of the Water Resources 

21 Development Act of 1990 (104 Stat. 4620). 

22 (2) Section 330 of the Water Resources Devel23 opment Act of 1996 (110 Stat. 3717–3718). 

24 (3) Section 330 of the Water Resources Devel25 opment Act of 1999 (113 Stat. 305). 
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1 SEC. 3075. ADA, MINNESOTA. 

2 (a) IN GENERAL.—The project for flood damage re3 duction, Wild Rice River, Ada, Minnesota, being carried 

4 out under section 205 of the Flood Control Act of 1948 

5 (33 U.S.C. 701s), is modified to authorize the Secretary 

6 to consider national ecosystem restoration benefits in de7 termining the Federal interest in the project. 

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

9 evaluating the economic benefits and costs for the project, 

10 the Secretary shall not consider the emergency levee adja11 cent to Judicial Ditch No. 51 in the determination of con12 ditions existing prior to construction of the project. 

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

14 the project, the Secretary shall allow the non-Federal in15 terest to participate in the financing of the project in ac16 cordance with section 903(c) of the Water Resources De17 velopment Act of 1986 (100 Stat. 4184) to the extent that 

18 the Secretary’s evaluation indicates that applying such 

19 section is necessary to implement the project. 

20 SEC. 3076. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA. 

21 (a) IN GENERAL.—The project for navigation, Du22 luth Harbor, McQuade Road, Minnesota, being carried out 

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

24 (33 U.S.C. 577) and modified by section 321 of the Water 

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

26 further modified to authorize the Secretary to provide 
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1 public access and recreational facilities as generally de2 scribed in the Detailed Project Report and Environmental 

3 Assessment, McQuade Road Harbor of Refuge, Duluth, 

4 Minnesota, dated August 1999. 

5 (b) CREDIT.—The Secretary shall provide credit to6 ward the non-Federal share of the cost of the project for 

7 the costs of design work carried out before the date of 

8 the partnership agreement for the project if the Secretary 

9 determines that the work is integral to the project. 

10 (c) MAXIMUM FEDERAL EXPENDITURE.—The max11 imum amount of Federal funds that may be expended for 

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

13 SEC. 3077. GRAND PORTAGE HARBOR, MINNESOTA. 

14 The Secretary shall provide credit toward the non15 Federal share of the cost of the navigation project for 

16 Grand Portage Harbor, Minnesota, carried out under sec17 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

18 577) and modified by section 312 of the Water Resources 

19 Development Act of 2000 (114 Stat. 2605), for the costs 

20 of design work carried out before the date of the partner21 ship agreement for the project if the Secretary determines 

22 that the work is integral to the project. 

23 SEC. 3078. GRANITE FALLS, MINNESOTA. 

24 (a) IN GENERAL.—The Secretary is directed to im25 plement under section 205 of the Flood Control Act of 
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1 1948 (33 U.S.C. 701s) the locally preferred plan for flood 

2 damage reduction, Granite Falls, Minnesota, substantially 

3 in accordance with the detailed project report dated 2002, 

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

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

6 $4,000,000. 

7 (b) PROJECT FINANCING.—In evaluating and imple8 menting the project under this section, the Secretary shall 

9 allow the non-Federal interests to participate in the fi10 nancing of the project in accordance with section 903(c) 

11 of the Water Resources Development Act of 1986 (100 

12 Stat. 4184), to the extent that the detailed project report 

13 evaluation indicates that applying such section is nec14 essary to implement the project. 

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

16 non-Federal share of the project the cost of design and 

17 construction work carried out by the non-Federal interest 

18 before date of execution of a partnership agreement for 

19 the project if the Secretary determines that the work is 

20 integral to the project. 

21 (d) MAXIMUM FUNDING.—The maximum amount of 

22 Federal funds that may be expended for the flood damage 

23 reduction shall be $8,000,000. 
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1 SEC. 3079. KNIFE RIVER HARBOR, MINNESOTA. 

2 The project for navigation, Knife River Harbor, Min3 nesota, constructed under section 107 of the River and 

4 Harbor Act of 1960 (33 U.S.C. 577), is modified to direct 

5 the Secretary to develop a final design and preparation 

6 of plans and specifications to correct the harbor entrance 

7 and mooring conditions at the project. 

8 SEC. 3080. 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 adja13 cent and interconnected areas generally known as the 

14 Sampson and Chase/Loring neighborhoods, in accordance 

15 with the Feasibility Report Supplement, Local Flood Pro16 tection, Crookston, Minnesota, at a total cost of 

17 $17,000,000, with an estimated Federal cost of 

18 $11,000,000 and an estimated non-Federal cost of 

19 $6,000,000. 

20 SEC. 3081. SILVER BAY, MINNESOTA. 

21 The project for navigation, Silver Bay, Minnesota, 

22 authorized by section 2 of the Rivers and Harbors Act 

23 of March 2, 1945 (59 Stat. 19), is modified to include 

24 operation and maintenance of the general navigation fa25 cilities as a Federal responsibility. 
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1 SEC. 3082. TACONITE HARBOR, MINNESOTA. 

2 The project for navigation, Taconite Harbor, Min3 nesota, carried out under section 107 of the River and 

4 Harbor Act of 1960 (33 U.S.C. 577), is modified to in5 clude operation and maintenance of the general navigation 

6 facilities as a Federal responsibility. 

7 SEC. 3083. 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), 

11 is modified to include construction of a dredged material 

12 disposal facility, including actions required to clear the 

13 site. 

14 (b) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.— 

15 Non-Federal interests shall be responsible for providing all 

16 lands, easements, rights-of-way, and relocations necessary 

17 for the construction of the dredged material disposal facil18 ity. 

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

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

22 SEC. 3084. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 

23 The project for ecosystem restoration, Deer Island, 

24 Harrison County, Mississippi, being carried out under sec25 tion 204 of the Water Resources Development Act of 1992 

26 (33 U.S.C. 2326), is modified to authorize the non-Fed-
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1 eral interest to provide any portion of the non-Federal 

2 share of the cost of the project in the form of in-kind serv3 ices and materials. 

4 SEC. 3085. PEARL RIVER BASIN, MISSISSIPPI. 

5 (a) IN GENERAL.—The Secretary shall complete a 

6 feasibility study for the project for flood damage reduc7 tion, Pearl River Watershed, Mississippi. 

8 (b) COMPARISON OF ALTERNATIVES.—The feasibility 

9 study shall identify both the plan that maximizes national 

10 economic development benefits and the locally preferred 

11 plan and shall compare the level of flood damage reduction 

12 provided by each plan to that portion of Jackson, Mis13 sissippi, located below the Ross Barnett Reservoir Dam. 

14 (c) RECOMMENDED PLAN.—If the Secretary deter15 mines that the locally preferred plan provides a level of 

16 flood damage reduction that is equal to or greater than 

17 the level of flood damage reduction provided by the na18 tional economic development plan, and the locally pre19 ferred plan is technically feasible and environmentally pro20 tective, the Secretary shall recommend construction of the 

21 locally preferred plan. 

22 (d) EVALUATION OF PROJECT COST.—For the pur23 poses of determining compliance with the first section of 

24 the Flood Control Act of June 22, 1936 (33 U.S.C. 701a), 

25 the Secretary shall consider only the costs of the national 
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1 economic development plan, and shall exclude incremental 

2 costs associated with the locally preferred plan that are 

3 in excess of such costs, if the non-Federal interest agrees 

4 to pay 100 percent of such incremental costs. 

5 (e) NON-FEDERAL COST SHARE.—If the locally pre6 ferred plan is authorized for construction, the non-Federal 

7 share of the cost of the project shall be the same percent8 age as the non-Federal share of the cost of the national 

9 economic development plan plus all additional costs of con10 struction associated with the locally preferred plan. 

11 SEC. 3086. FESTUS AND CRYSTAL CITY, MISSOURI. 

12 Section 102(b)(1) of the Water Resources Develop13 ment Act of 1999 (113 Stat. 282) is amended by striking 

14 ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’. 

15 SEC. 3087. MONARCH-CHESTERFIELD, MISSOURI. 

16 The project for flood damage reduction, Monarch17 Chesterfield, Missouri, authorized by section 101(b)(18) 

18 of the Water Resources Development Act of 2000 (114 

19 Stat. 2578), is modified to direct the Secretary to credit 

20 toward the non-Federal share of the cost of the project 

21 the cost of the planning, design, and construction 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. 3088. 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 

5 section 102(13) of the Water Resources Development Act 

6 of 1996 (110 Stat. 3668), are each modified to direct the 

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

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

9 non-Federal interest before the date of the partnership 

10 agreement for the project if the Secretary determines that 

11 the work is integral to the project. 

12 SEC. 3089. ANTELOPE CREEK, LINCOLN, NEBRASKA. 

13 The project for flood damage reduction, Antelope 

14 Creek, Lincoln, Nebraska, authorized by section 

15 101(b)(19) of the Water Resources Development Act of 

16 2000 (114 Stat. 2578), is modified— 

17 (1) to direct the Secretary to credit toward the 

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

19 of design, and construction work carried out by the 

20 non-Federal interest before the date of the partner21 ship agreement for the project if the Secretary de22 termines 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 
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1 of the project if such funds are authorized to be 

2 used to carry out the project. 

3 SEC. 3090. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 

4 The project for ecosystem restoration and flood dam5 age reduction, Sand Creek watershed, Wahoo, Nebraska, 

6 authorized by section 101(b)(20) of the Water Resources 

7 Development 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 inter12 est before, on, or after the approval of the project 

13 partnership agreement, including work performed by 

14 the non-Federal interest in connection with the de15 sign and construction of 7 upstream detention stor16 age structures, if the Secretary determines that the 

17 work is integral 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. 3091. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 

2 NEW JERSEY. 

3 The project for flood control, Passaic River, New Jer4 sey and New York, authorized by section 101(a)(18) of 

5 the Water Resources Development Act of 1990 (104 Stat. 

6 4607) and modified by section 327 of the Water Resources 

7 Development Act of 2000 (114 Stat. 2607), is further 

8 modified to direct the Secretary to include the benefits and 

9 costs of preserving natural flood storage in any future eco10 nomic analysis of the project. 

11 SEC. 3092. BUFFALO HARBOR, NEW YORK. 

12 The project for navigation, Buffalo Harbor, New 

13 York, authorized by section 101 of the River and Harbor 

14 Act of 1962 (76 Stat. 1176), is modified to include meas15 ures to enhance public access, at Federal cost of 

16 $500,000. 

17 SEC. 3093. ORCHARD BEACH, BRONX, NEW YORK. 

18 The project for shoreline protection, Orchard Beach, 

19 Bronx, New York, authorized by section 554 of the Water 

20 Resources Development Act of 1996 (110 Stat. 3781), is 

21 modified to authorize the Secretary to construct the 

22 project, at a total cost of $20,000,000. 

23 SEC. 3094. PORT OF NEW YORK AND NEW JERSEY, NEW 

24 YORK AND NEW JERSEY. 

25 The navigation project, Port of New York and New 

26 Jersey, New York and New Jersey, authorized by section 
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1 101(a)(2) of the Water Resources Development Act of 

2 2000 (114 Stat. 2576), is modified— 

3 (1) to authorize the Secretary to allow the non4 Federal interest to construct a temporary dredged 

5 material storage facility to receive dredged material 

6 from the project if— 

7 (A) the non-Federal interest submits, in 

8 writing, a list of potential sites for the tem9 porary storage facility to the Committee on 

10 Transportation and Infrastructure of the House 

11 of Representatives, the Committee on Environ12 ment and Public Works of the Senate, and the 

13 Secretary at least 180 days before the selection 

14 of the final site; and 

15 (B) at least 70 percent of the dredged ma16 terial generated in connection with the project 

17 suitable for beneficial reuse will be used at sites 

18 in the State of New Jersey to the extent that 

19 there are sufficient sites available; and 

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

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

22 of construction of the temporary storage facility if 

23 the Secretary determines that the work is integral to 

24 the project. 
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1 SEC. 3095. NEW YORK STATE CANAL SYSTEM. 

2 Section 553(c) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3781) is amended to read as fol4 lows: 

5 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.— 

6 In this section, the term ‘New York State Canal System’ 

7 means the 524 miles of navigable canal that comprise the 

8 New York State Canal System, including the Erie, Ca9 yuga-Seneca, Oswego, and Champlain Canals and the his10 toric alignments of these canals, including the cities of Al11 bany and Buffalo.’’. 

12 SEC. 3096. LOWER GIRARD LAKE DAM, OHIO. 

13 Section 507(1) of the Water Resources Development 

14 Act of 1996 (110 Stat. 3758) is amended by striking 

15 ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 

16 SEC. 3097. MAHONING RIVER, OHIO. 

17 In carrying out the project for environmental dredg18 ing, authorized by section 312(f)(4) of the Water Re19 sources Development Act of 1990 (33 U.S.C. 1272(f)(4)), 

20 the Secretary is directed to credit toward the non-Federal 

21 share of the cost of the project the cost of work carried 

22 out by the non-Federal interest before the date of the part23 nership agreement for the project if the Secretary deter24 mines that the work is integral to the project. 
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1 SEC. 3098. ARCADIA LAKE, OKLAHOMA. 

2 Payments made by the city of Edmond, Oklahoma, 

3 to the Secretary in October 1999 of costs associated with 

4 present and future water storage at Arcadia Lake, Okla5 homa, under Arcadia Lake Water Storage Contract Num6 ber DACW56–79–C–0072 shall satisfy the obligations of 

7 the city under that contract for such costs, including ac8 crued interest. 

9 SEC. 3099. WILLAMETTE RIVER TEMPERATURE CONTROL, 

10 MCKENZIE SUBBASIN, OREGON. 

11 (a) IN GENERAL.—The project for environmental 

12 restoration, Willamette River Temperature Control, 

13 McKenzie Subbasin, Oregon, authorized by section 

14 101(a)(25) of the Water Resources Development Act of 

15 1996 (110 Stat. 3665) and modified by section 344 of 

16 the Water Resources Development Act of 1999 (113 Stat. 

17 308), is further modified to direct the Secretary to pay, 

18 subject to the availability of appropriations, compensation 

19 for losses to small business attributable to the implemen20 tation of the drawdown conducted as a part of project im21 plementation in 2002. 

22 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

23 120 days after the date of enactment of this Act, the Sec24 retary shall establish, and provide public notice of, a pro25 gram— 
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1 (1) to receive claims for compensation for losses 

2 to small business attributable to the implementation 

3 of the drawdown conducted as a part of project im4 plementation in 2002; 

5 (2) to evaluate claims for such losses; and 

6 (3) to pay claims for such losses. 

7 (c) IMPLEMENTATION OF PROGRAM.—In carrying 

8 out the program established under subsection (b), the Sec9 retary shall provide— 

10 (1) public notice of the existence of the pro11 gram sufficient to reach those in the area that may 

12 have suffered losses to small businesses; 

13 (2) a period for the submission of claims of not 

14 fewer than 45 days and not greater than 75 days 

15 from the date of the first public notice of the exist16 ence of the program; 

17 (3) for the evaluation of each claim submitted 

18 to the Secretary under the program and a deter19 mination of whether the claim constitutes a loss to 

20 a small business on or before the last day of the 30- 

21 day period beginning on the date of submission of 

22 the claim; and 

23 (4) for the payment of each claim that the Sec24 retary determines constitutes a loss to a small busi25 ness on or before the last day of the 30-day period 
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1 beginning on the date of the Secretary’s determina2 tion. 

3 (d) LOSS TO A SMALL BUSINESS DEFINED.—In this 

4 section, the term ‘‘loss to a small business’’ means docu5 mented financial losses associated with commercial activ6 ity of a small business that can be attributed to the tur7 bidity levels in the McKenzie River being higher than 

8 those anticipated in the original planning documents and 

9 public announcements existing before the initiation of the 

10 drawdown in 2002. Commercial losses include decline in 

11 sales, loss of revenue (including loss of revenue from can12 celed or delayed reservations at lodging establishments), 

13 and any other financial losses that can be shown to be 

14 associated with the elevated turbidity levels in the 

15 McKenzie River in 2002. 

16 (e) PAYMENT OF CLAIMS.—The payment of claims 

17 for losses to small businesses shall be a Federal responsi18 bility. 

19 SEC. 3100. DELAWARE RIVER, PENNSYLVANIA, NEW JER20 SEY, AND DELAWARE. 

21 The Secretary may remove debris from the project 

22 for navigation, Delaware River, Pennsylvania, New Jersey, 

23 and Delaware, Philadelphia to the Sea. 
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1 SEC. 3101. RAYSTOWN LAKE, PENNSYLVANIA. 

2 The Secretary may take such action as may be nec3 essary, including construction of a breakwater, to prevent 

4 shoreline erosion between .07 and 2.7 miles south of Penn5 sylvania State route 994 on the east shore of Raystown 

6 Lake, Pennsylvania. 

7 SEC. 3102. SHERADEN PARK STREAM AND CHARTIERS 

8 CREEK, ALLEGHENY COUNTY, PENNSYL9 VANIA. 

10 The project for aquatic ecosystem restoration, 

11 Sheraden Park Stream and Chartiers Creek, Allegheny 

12 County, Pennsylvania, being carried out under section 206 

13 of the Water Resources Development Act of 1996 (33 

14 U.S.C. 2330), is modified to direct the Secretary to credit 

15 up to $400,000 toward the non-Federal share of the cost 

16 of the project for planning and design work carried out 

17 by the non-Federal interest before the date of the partner18 ship agreement for the project if the Secretary determines 

19 that the work is integral to the project. 

20 SEC. 3103. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL21 VANIA. 

22 The project for flood control, Wyoming Valley, Penn23 sylvania, authorized by section 401(a) of the Water Re24 sources Development Act of 1986 (100 Stat. 4124), is 

25 modified to include as a project element the project for 
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1 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl2 vania. 

3 SEC. 3104. SOUTH CENTRAL PENNSYLVANIA. 

4 Section 313 of the Water Resources Development Act 

5 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 

6 113 Stat. 310; 117 Stat. 142) is amended— 

7 (1) in subsection (g)(1) by striking 

8 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 

9 (2) in subsection (h)(2) by striking ‘‘Allegheny, 

10 Armstrong, Beford, Blair, Cambria, Clearfield, Fay11 ette, Franklin, Fulton, Greene, Huntingdon, Indi12 ana, Juniata, Mifflin, Somerset, Snyder, Wash13 ington, and Westmoreland Counties’’ and inserting 

14 ‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 

15 Fayette, Franklin, Fulton, Greene, Huntingdon, In16 diana, Juniata, Somerset, Washington, and West17 moreland Counties’’. 

18 SEC. 3105. WYOMING VALLEY, PENNSYLVANIA. 

19 In carrying out the project for flood control, Wyo20 ming Valley, Pennsylvania, authorized by section 401(a) 

21 of the Water Resources Development Act of 1986 (100 

22 Stat. 4124), the Secretary shall coordinate with non-Fed23 eral interests to review opportunities for increased public 

24 access. 
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1 SEC. 3106. CEDAR BAYOU, TEXAS. 

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

3 Bayou, Texas, reauthorized by section 349(a)(2) of the 

4 Water Resources Development Act of 2000 (114 Stat. 

5 2632), is modified to direct the Secretary to credit toward 

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

7 of planning and design work carried out by the non-Fed8 eral interest for the project if the Secretary determines 

9 that such work is integral to the project. 

10 (b) COST SHARING.—Cost sharing for construction 

11 and operation and maintenance of the project shall be de12 termined in accordance with section 101 of the Water Re13 sources Development Act of 1986 (33 U.S.C. 2211). 

14 SEC. 3107. FREEPORT HARBOR, TEXAS. 

15 The project for navigation, Freeport Harbor, Texas, 

16 authorized by section 101 of the Rivers and Harbors Act 

17 of 1970 (84 Stat. 1818), is modified.— 

18 (1) to direct the Secretary to credit toward the 

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

20 of the planning, design, and construction work car21 ried out by the non-Federal interest before the date 

22 of the partnership agreement for the project if the 

23 Secretary determines that the work is integral to the 

24 project; and 

25 (2) to direct the Secretary to remove the sunk26 en vessel ‘‘COMSTOCK’’ at Federal expense. 
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1 SEC. 3108. JOHNSON CREEK, ARLINGTON, TEXAS. 

2 The project for flood damage reduction, environ3 mental restoration, and recreation, authorized by section 

4 101(b)(14) of the Water Resources Development Act of 

5 1999 (113 Stat. 280), is modified to authorize the Sec6 retary to carry out the project at a total cost of 

7 $29,717,000, with an estimated Federal cost of 

8 $20,670,000 and an estimated non-Federal cost 

9 $9,047,000. 

10 SEC. 3109. LAKE KEMP, TEXAS. 

11 (a) IN GENERAL.—The Secretary may not take any 

12 legal or administrative action seeking to remove a Lake 

13 Kemp improvement before the earlier of January 1, 2020, 

14 or the date of any transfer of ownership of the improve15 ment occurring after the date of enactment of this Act. 

16 (b) LIMITATION ON LIABILITY.—The United States, 

17 or any of its officers, agents, or assignees, shall not be 

18 liable for any injury, loss, or damage accruing to the own19 ers of a Lake Kemp improvement, their lessees, or occu20 pants as a result of any flooding or inundation of such 

21 improvements by the waters of the Lake Kemp reservoir, 

22 or for such injury, loss, or damage as may occur through 

23 the operation and maintenance of the Lake Kemp dam 

24 and reservoir in any manner. 

25 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this 

26 section, the term ‘‘Lake Kemp improvement’’ means an 
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1 improvement (including dwellings) located within the flow2 age easement of Lake Kemp, Texas, below elevation 1159 

3 feet mean sea level. 

4 SEC. 3110. LOWER RIO GRANDE BASIN, TEXAS. 

5 The project for flood control, Lower Rio Grande 

6 Basin, Texas, authorized by section 401(a) of the Water 

7 Resources Development Act of 1986 (100 Stat. 4125), is 

8 modified— 

9 (1) to include as part of the project flood pro10 tection works to reroute drainage to Raymondville 

11 Drain constructed by the non-Federal interests in 

12 Hidalgo County in the vicinity of Edinburg, Texas, 

13 if the Secretary determines that such work meets 

14 feasibility requirements; 

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

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

17 of planning, design, and construction work carried 

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

19 the partnership agreement for the project if the Sec20 retary determines that the work is integral to the 

21 project; and 

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

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

24 a determination within 180 days after the date of 

25 enactment of this Act under section 103(m) of the 
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1 Water Resources Development Act of 1986 (33 

2 U.S.C. 2213(m)) on the non-Federal interest’s abil3 ity to pay. 

4 SEC. 3111. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

5 TEXAS. 

6 The project for ecosystem restoration and storm dam7 age reduction, North Padre Island, Corpus Christi Bay, 

8 Texas, authorized by section 556 of the Water Resources 

9 Development Act of 1999 (113 Stat. 353), is modified to 

10 include recreation as a project purpose. 

11 SEC. 3112. PAT MAYSE LAKE, TEXAS. 

12 The Secretary is directed to accept from the city of 

13 Paris, Texas, $3,461,432 as payment in full of monies 

14 owed to the United States for water supply storage space 

15 in Pat Mayse Lake, Texas, under contract number DA– 

16 34–066–CIVENG-65–1272, including accrued interest. 

17 SEC. 3113. PROCTOR LAKE, TEXAS. 

18 The Secretary is authorized to purchase fee simple 

19 title to all properties located within the boundaries, and 

20 necessary for the operation, of the Proctor Lake project, 

21 Texas, authorized by section 203 of the Flood Control Act 

22 of 1954 (68 Stat. 1259). 

23 SEC. 3114. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

24 The project for flood control, San Antonio Channel, 

25 Texas, authorized by section 203 of the Flood Control Act 
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1 of 1954 (68 Stat. 1259) as part of the comprehensive plan 

2 for flood protection on the Guadalupe and San Antonio 

3 Rivers in Texas and modified by section 103 of the Water 

4 Resources Development Act of 1976 (90 Stat. 2921) and 

5 section 335 of the Water Resources Development Act of 

6 2000 (114 Stat. 2611), is further modified to authorize 

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

8 the cost of the project the cost of design and construction 

9 work carried out by the non-Federal interest for the 

10 project if the Secretary determines that the work is inte11 gral to the project. 

12 SEC. 3115. JAMES RIVER, VIRGINIA. 

13 The project for navigation, James River, Virginia, au14 thorized by the first section of the River and Harbor Ap15 propriations Act of July 5, 1884 (23 Stat. 138), is further 

16 modified to authorize the Secretary to enlarge the turning 

17 basin adjacent to the Richmond Deepwater Terminal at 

18 a total cost of $1,511,000 if the Secretary determines that 

19 the such enlargement is necessary for navigation safety. 

20 SEC. 3116. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND 

21 WISE COUNTIES, VIRGINIA. 

22 The project for flood control, Levisa and Tug Forks 

23 of the Big Sandy River and Upper Cumberland River, au24 thorized by section 202 of the Energy and Water Develop25 ment Appropriation Act, 1981 (94 Stat. 1339) and modi-
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1 fied by section 352 of the Water Resources Development 

2 Act of 1996 (110 Stat. 3724–3725) and section 336 of 

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

4 2611), is further modified to direct the Secretary to deter5 mine the ability of Lee, Russell, Scott, Smyth, Tazewell, 

6 and Wise Counties, Virginia, to pay the non-Federal share 

7 of the cost of the project based solely on the criterion spec8 ified in section 103(m)(3)(A)(i) of the Water Resources 

9 Development Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)). 

10 SEC. 3117. TANGIER ISLAND SEAWALL, VIRGINIA. 

11 Section 577(a) of the Water Resources Development 

12 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

13 a total cost of $1,200,000, with an estimated Federal cost 

14 of $900,000 and an estimated non-Federal cost of 

15 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

16 with an estimated Federal cost of $2,250,000 and an esti17 mated non-Federal cost of $750,000.’’. 

18 SEC. 3118. DUWAMISH/GREEN, WASHINGTON. 

19 The project for ecosystem restoration, Duwamish/ 

20 Green, Washington, authorized by section 101(b)(26) of 

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

22 2579), is modified— 

23 (1) to direct the Secretary to credit toward the 

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

25 of work carried out by the non-Federal interest be-
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1 fore the date of the partnership agreement for the 

2 project if the Secretary determines that the work is 

3 integral to the project; and 

4 (2) to authorize the non-Federal interest to pro5 vide any portion of the non-Federal share of the cost 

6 of the project in the form of in-kind services and 

7 materials. 

8 SEC. 3119. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH9 INGTON. 

10 The project for aquatic ecosystem restoration, 

11 Yakima River, Port of Sunnyside, Washington, being car12 ried out under section 206 of the Water Resources Devel13 opment Act of 1996 (33 U.S.C. 2330), is modified to di14 rect the Secretary to credit toward the non-Federal share 

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

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

17 agreement for the project if the Secretary determines that 

18 the work is integral to the project. 

19 SEC. 3120. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

20 Section 579(c) of the Water Resources Development 

21 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 

22 by striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 
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1 SEC. 3121. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 

2 Section 30(d) of the Water Resources Development 

3 Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended 

4 to read as follows: 

5 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall 

6 ensure the preservation and restoration of the structure 

7 known as the ‘Jenkins House’, and the reconstruction of 

8 associated buildings and landscape features of such struc9 ture located within the Lesage/Greenbottom Swamp in ac10 cordance with the Secretary of the Interior’s standards for 

11 the treatment of historic properties. Amounts made avail12 able for expenditure for the project authorized by section 

13 301(a) of the Water Resources Development Act of 1986 

14 (100 Stat. 4110) shall be available for the purposes of this 

15 subsection.’’. 

16 SEC. 3122. NORTHERN WEST VIRGINIA. 

17 Section 557 of the Water Resources Development Act 

18 of 1999 (113 Stat. 353) is amended in the first sentence 

19 by striking ‘‘favorable’’. 

20 SEC. 3123. MANITOWOC HARBOR, WISCONSIN. 

21 The project for navigation, Manitowoc Harbor, Wis22 consin, authorized by the River and Harbor Act of August 

23 30, 1852, is modified to direct the Secretary to deepen 

24 the upstream reach of the navigation channel from 12 feet 

25 to 18 feet, at a total cost of $300,000. 
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1 SEC. 3124. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

2 Section 21 of the Water Resources Development Act 

3 of 1988 (102 Stat. 4027) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘1276.42’’ and inserting 

6 ‘‘1278.42’’; 

7 (B) by striking ‘‘1218.31’’ and inserting 

8 ‘‘1221.31’’; and 

9 (C) by striking ‘‘1234.82’’ and inserting 

10 ‘‘1235.30’’; and 

11 (2) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) EXCEPTION.—The Secretary may operate the 

14 headwaters reservoirs below the minimum or above the 

15 maximum water levels established in subsection (a) in ac16 cordance with water control regulation manuals (or revi17 sions thereto) developed by the Secretary, after consulta18 tion with the Governor of Minnesota and affected tribal 

19 governments, landowners, and commercial and rec20 reational users. The water control regulation manuals 

21 (and any revisions thereto) shall be effective when the Sec22 retary transmits them to Congress. The Secretary shall 

23 report to Congress at least 14 days before operating any 

24 such headwaters reservoir below the minimum or above 

25 the maximum water level limits specified in subsection (a); 

26 except that notification is not required for operations nec-
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1 essary to prevent the loss of life or to ensure the safety 

2 of the dam or where the drawdown of lake levels is in an3 ticipation of flood control operations.’’. 

4 SEC. 3125. CONTINUATION OF PROJECT AUTHORIZATIONS. 

5 (a) IN GENERAL.—Notwithstanding section 

6 1001(b)(2) of the Water Resources Development Act of 

7 1986 (33 U.S.C. 579a(b)(2)), the following projects shall 

8 remain authorized to be carried out by the Secretary: 

9 (1) The project for flood control, Agana River, 

10 Guam, authorized by section 401(a) of the Water 

11 Resources Development Act of 1986 (100 Stat. 

12 4127). 

13 (2) The project for navigation, Fall River Har14 bor, Massachusetts, authorized by section 101 of the 

15 River and Harbor Act of 1968 (82 Stat. 731); ex16 cept that the authorized depth of that portion of the 

17 project extending riverward of the Charles M. 

18 Braga, Jr. Memorial Bridge, Fall River and Som19 erset, Massachusetts, shall not exceed 35 feet. 

20 (b) LIMITATION.—A project described in subsection 

21 (a) shall not be authorized for construction after the last 

22 day of the 5-year period beginning on the date of enact23 ment of this Act, unless, during such period, funds have 

24 been obligated for the construction (including planning 

25 and design) of the project. 
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1 SEC. 3126. PROJECT REAUTHORIZATIONS. 

2 Each of the following projects may be carried out by 

3 the Secretary and no construction on any such project may 

4 be initiated until the Secretary determines that the project 

5 is feasible: 

6 (1) MENOMINEE HARBOR AND RIVER, MICHI7 GAN AND WISCONSIN.—The project for navigation, 

8 Menominee Harbor and River, Michigan and Wis9 consin, authorized by section 101 of the River and 

10 Harbor Act of 1960 (74 Stat. 482) and deauthorized 

11 on April 15, 2002, in accordance with section 

12 1001(b)(2) of the Water Resources Development Act 

13 of 1986 (33 U.S.C. 579a(b)(2)). 

14 (2) MANITOWOC HARBOR, WISCONSIN.—That 

15 portion of the project for navigation, Manitowoc 

16 Harbor, Wisconsin, consisting of the channel in the 

17 south part of the outer harbor, deauthorized by sec18 tion 101 of the River and Harbor Act of 1962 (76 

19 Stat. 1176). 

20 SEC. 3127. PROJECT DEAUTHORIZATIONS. 

21 (a) IN GENERAL.—The following projects are not au22 thorized after the date of enactment of this Act: 

23 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

24 portion of the project for navigation, Bridgeport 

25 Harbor, Connecticut, authorized by the first section 

26 of the River and Harbor Act of July 3, 1930 (46 
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1 Stat. 919), consisting of an 18-foot channel in Yel2 low Mill River and described as follows: Beginning 

3 at a point along the eastern limit of the existing 

4 project, N123,649.75, E481,920.54, thence running 

5 northwesterly about 52.64 feet to a point 

6 N123,683.03, E481,879.75, thence running north7 easterly about 1,442.21 feet to a point N125,030.08, 

8 E482,394.96, thence running northeasterly about 

9 139.52 feet to a point along the eastern limit of the 

10 existing channel, N125,133.87, E482,488.19, thence 

11 running southwesterly about 1,588.98 feet to the 

12 point of origin. 

13 (2) MYSTIC RIVER, CONNECTICUT.—The por14 tion of the project for navigation, Mystic River, Con15 necticut, authorized by the first section of the River 

16 and Harbor Approriations Act of September 19, 

17 1890 (26 Stat. 436) consisting of a 12-foot-deep 

18 channel, approximately 7,554 square feet in area, 

19 starting at a point N193,086.51, E815,092.78, 

20 thence running north 59 degrees 21 minutes 46.63 

21 seconds west about 138.05 feet to a point 

22 N193,156.86, E814,974.00, thence running north 

23 51 degrees 04 minutes 39.00 seconds west about 

24 166.57 feet to a point N193,261.51, E814,844.41, 

25 thence running north 43 degrees 01 minutes 34.90 
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1 seconds west about 86.23 feet to a point 

2 N193,324.55, E814,785.57, thence running north 

3 06 degrees 42 minutes 03.86 seconds west about 

4 156.57 feet to a point N193,480.05, E814,767.30, 

5 thence running south 21 degrees 21 minutes 17.94 

6 seconds east about 231.42 feet to a point 

7 N193,264.52, E814,851.57, thence running south 

8 53 degrees 34 minutes 23.28 seconds east about 

9 299.78 feet to the point of origin. 

10 (3) FALMOUTH HARBOR, MASSACHUSETTS.— 

11 The portion of the project for navigation, Falmouth 

12 Harbor, Massachusetts, authorized by section 101 of 

13 the River and Harbor Act of 1948 (62 Stat. 1172), 

14 beginning at a point along the eastern side of the 

15 inner harbor N200,415.05, E845,307.98, thence 

16 running north 25 degrees 48 minutes 54.3 seconds 

17 east 160.24 feet to a point N200,559.20, 

18 E845,377.76, thence running north 22 degrees 7 

19 minutes 52.4 seconds east 596.82 feet to a point 

20 N201,112.15, E845,602.60, thence running north 

21 60 degrees 1 minute 0.3 seconds east 83.18 feet to 

22 a point N201,153.72, E845,674.65, thence running 

23 south 24 degrees 56 minutes 43.4 seconds west 

24 665.01 feet to a point N200,550.75, E845,394.18, 
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1 thence running south 32 degrees 25 minutes 29.0 

2 seconds west 160.76 feet to the point of origin. 

3 (4) ISLAND END RIVER, MASSACHUSETTS.—The 

4 portion of the project for navigation, Island End 

5 River, Massachusetts, carried out under section 107 

6 of the River and Harbor Act of 1960 (33 U.S.C. 

7 577), described as follows: Beginning at a point 

8 along the eastern limit of the existing project, 

9 N507,348.98, E721,180.01, thence running north10 east about 35 feet to a point N507,384.17, 

11 E721,183.36, thence running northeast about 324 

12 feet to a point N507,590.51, E721,433.17, thence 

13 running northeast about 345 feet to a point along 

14 the northern limit of the existing project, 

15 N507,927.29, E721,510.29, thence running south16 east about 25 feet to a point N507,921.71, 

17 E721,534.66, thence running southwest about 354 

18 feet to a point N507,576.65, E721,455.64, thence 

19 running southwest about 357 feet to the point of ori20 gin. 

21 (5) CITY WATERWAY, TACOMA, WASHINGTON.— 

22 The portion of the project for navigation, City Wa23 terway, Tacoma, Washington, authorized by the first 

24 section of the River and Harbor Appropriations Act 

25 of June 13, 1902 (32 Stat. 347), consisting of the 
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1 last 1,000 linear feet of the inner portion of the wa2 terway beginning at station 70+00 and ending at 

3 station 80+00. 

4 (b) ANCHORAGE AREA, NEW LONDON HARBOR, 

5 CONNECTICUT.—The portion of the project for navigation, 

6 New London Harbor, Connecticut, authorized by the River 

7 and Harbor Appropriations Act of June 13, 1902 (32 

8 Stat. 333), that consists of a 23-foot waterfront channel 

9 and that is further described as beginning at a point along 

10 the western limit of the existing project, N188, 802.75, 

11 E779, 462.81, thence running northeasterly about 

12 1,373.88 feet to a point N189, 554.87, E780, 612.53, 

13 thence running southeasterly about 439.54 feet to a point 

14 N189, 319.88, E780, 983.98, thence running southwest15 erly about 831.58 feet to a point N188, 864.63, E780, 

16 288.08, thence running southeasterly about 567.39 feet 

17 to a point N188, 301.88, E780, 360.49, thence running 

18 northwesterly about 1,027.96 feet to the point of origin, 

19 shall be redesignated as an anchorage area. 

20 (c) SOUTHPORT HARBOR, FAIRFIELD, CON21 NECTICUT.—The project for navigation, Southport Har22 bor, Fairfield, Connecticut, authorized by section 2 of the 

23 River and Harbor Act of March 2, 1829, and by the first 

24 section of the River and Harbor Act of August 30, 1935 

25 (49 Stat. 1029), and section 364 of the Water Resources 
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1 Development Act of 1996 (110 Stat. 3733–3734), is fur2 ther modified to redesignate a portion of the 9-foot-deep 

3 channel to an anchorage area, approximately 900 feet in 

4 length and 90,000 square feet in area, and lying generally 

5 north of a line with points at coordinates N108,043.45, 

6 E452,252.04 and N107938.74, E452265.74. 

7 (d) MYSTIC RIVER, MASSACHUSETTS.—The portion 

8 of the project for navigation, Mystic River, Massachusetts, 

9 authorized by the first section of the River and Harbor 

10 Appropriations Act of July 13, 1892 (27 Stat. 96), be11 tween a line starting at a point N515,683.77, 

12 E707,035.45 and ending at a point N515,721.28, 

13 E707,069.85 and a line starting at a point N514,595.15, 

14 E707,746.15 and ending at a point N514,732.94, 

15 E707,658.38 shall be relocated and reduced from 100 foot 

16 to a 50-foot wide channel after the date of enactment of 

17 this Act described as follows: Beginning at a point 

18 N515,721.28, E707,069.85, thence running southeasterly 

19 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 

23 N514,595.15, E707,746.15, thence running northwesterly 

24 about 163.37 feet to a point N514,732.94, E707,658.38, 

25 thence running northwesterly about 161.58 feet to a point 
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1 N514.889.47, E707,618.30, thence running northwesterly 

2 about 166.61 feet to a point N515.044.62, E707,557.58, 

3 thence running northwesterly about 825.31 feet to a point 

4 N515,683.77, E707,035.45, thence running northeasterly 

5 about 50.90 feet returning to a point N515,721.28, 

6 E707,069.85. 

7 (e) GREEN BAY HARBOR, GREEN BAY, WIS8 CONSIN.—The portion of the inner harbor of the Federal 

9 navigation channel, Green Bay Harbor, Green Bay, Wis10 consin, authorized by the first section of the River and 

11 Harbor Act of June 23, 1866, beginning at station 

12 190+00 to station 378+00 is authorized to a width of 

13 75 feet and a depth of 6 feet. 

14 (f) ADDITIONAL DEAUTHORIZATIONS.—The fol15 lowing projects are not authorized after the date of enact16 ment of this Act, except with respect to any portion of 

17 such a project which portion has been completed before 

18 such date or is under construction on such date: 

19 (1) The project for flood control, Cache Creek 

20 Basin, Clear Lake Outlet Channel, California, au21 thorized by section 401(a) of the Water Resources 

22 Development Act of 1986 (100 Stat. 4112). 

23 (2) The project for flood protection on 

24 Atascadero Creek and its tributaries of Goleta, Cali-
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1 fornia, authorized by section 201 of the Flood Con2 trol Act of 1970 (84 Stat. 1826). 

3 (3) The project for flood control, central and 

4 southern Florida, Shingle Creek basin, Florida, au5 thorized by section 203 of the Flood Control Act of 

6 1962 (76 Stat. 1182). 

7 (4) The project for flood control, Middle Wa8 bash, Greenfield Bayou, Indiana, authorized by sec9 tion 10 of the Flood Control Act of July 24, 1946 

10 (60 Stat. 649). 

11 (5) The project for flood damage reduction, 

12 Lake George, Hobart, Indiana, authorized by section 

13 602(a)(2) of the Water Resources Development Act 

14 of 1986 (100 Stat. 4148). 

15 (6) The project for flood control, Green Bay 

16 Levee and Drainage District No. 2, Iowa, authorized 

17 by section 401(a) of the Water Resources Develop18 ment Act of 1986 (100 Stat. 4115), deauthorized in 

19 fiscal year 1991, and reauthorized by section 115(a) 

20 of the Water Resources Development Act of 1992 

21 (106 Stat. 4821). 

22 (7) The project for flood control, Hazard, Ken23 tucky, authorized by section 3(a)(7) of the Water 

24 Resources Development Act of 1988 (100 Stat. 
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1 4014) and section 108 of the Water Resources De2 velopment Act of 1990 (104 Stat. 4621). 

3 (8) The recreation portion of the project for 

4 flood control, Taylorsville Lake, Kentucky, author5 ized by section 203 of the Flood Control Act of 1966 

6 (80 Stat. 1421). 

7 (9) The project for flood control, western Ken8 tucky tributaries, Kentucky, authorized by section 

9 204 of the Flood Control Act of 1965 (79 Stat. 

10 1076) and modified by section 210 of the Flood 

11 Control Act of 1970 (84 Stat. 1829). 

12 (10) The project for flood damage reduction, 

13 Tensas-Cocodrie area, Louisiana, authorized by sec14 tion 3 of the Flood Control Act of August 18, 1941 

15 (55 Stat. 643). 

16 (11) The project for flood control, Eastern 

17 Rapides and South-Central Avoyelles Parishes, Lou18 isiana, authorized by section 201 of the Flood Con19 trol Act of 1970 (84 Stat. 1825). 

20 (12) The project for navigation, Mississippi 

21 River, Baton Rouge to the Gulf of Mexico, barge 

22 channel through Devils Swamp, Louisiana, author23 ized by the first section of the River and Harbor Act 

24 of July 24, 1946 (60 Stat. 635). 
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1 (13) The project for navigation Red River Wa2 terway, Shreveport, Louisiana to Daingerfield, 

3 Texas, authorized by the River and Harbor Act of 

4 1968 (82 Stat. 731). 

5 (14) The project for flood damage reduction 

6 Brockton, Massachusetts, authorized by section 

7 401(c) of the Water Resources Development Act of 

8 1986 (100 Stat. 4129). 

9 (15) The project for navigation, Grand Haven 

10 Harbor, Michigan, authorized by section 202 of the 

11 Water Resources Development Act of 1986 (100 

12 Stat. 4093). 

13 (16) The project for hydropower, Libby Dam, 

14 Montana, (Units 6–8), authorized by section 549 of 

15 the Water Resources Development Act of 1996 (110 

16 Stat. 3779). 

17 (17) The project for flood damage reduction, 

18 Platte River Flood and Related Streambank Erosion 

19 Control, Nebraska, authorized by section 603(f)(6) 

20 of the Water Resources Development Act of 1986 

21 (100 Stat. 4150). 

22 (18) The project for navigation, Outer Harbor, 

23 Buffalo, New York, authorized by section 110 of the 

24 Water Resources Development Act of 1992 (106 

25 Stat. 4817). 
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1 (19) The project for flood control, Sugar Creek 

2 Basin, North Carolina and South Carolina, author3 ized by section 401(a) of the Water Resources De4 velopment Act of 1986 (100 Stat. 4121). 

5 (20) The project for flood control, Miami River, 

6 Fairfield, Ohio, authorized by section 401(a) of the 

7 Water Resources Development Act of 1986 (100 

8 Stat. 4122). 

9 (21) The project for shoreline protection, 

10 Maumee Bay, Lake Erie, Ohio, authorized by sec11 tion 501(a) of the Water Resources Development 

12 Act of 1986 (100 Stat. 4135). 

13 (22) The project for flood control and water 

14 supply, Parker Lake, Muddy Boggy Creek, Okla15 homa, authorized by section 601 of the Water Re16 sources Development Act of 1986 (100 Stat. 4144). 

17 (23) The project for the Columbia River, Sea18 farers Memorial, Hammond, Oregon, authorized by 

19 title I of the Energy and Water Development Appro20 priations Act, 1991 (104 Stat. 2078). 

21 (24) The project for bulkhead repairs, Quonset 

22 Point-Davisville, Rhode Island, authorized by section 

23 571 of the Water Resources Development Act of 

24 1996 (110 Stat. 3788). 
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1 (25) The project for flood damage reduction, 

2 Harris Fork Creek, Tennessee and Kentucky, au3 thorized by section 102 of the Water Resources De4 velopment Act of 1976 (90 Stat. 2921). 

5 (26) The Arroyo Colorado, Texas, feature of 

6 the project for flood control Lower Rio Grande, 

7 Texas, authorized by section 401(a) of the Water 

8 Resources Development Act of 1986 (100 Stat. 

9 4125). 

10 (27) The structural portion of the project for 

11 flood control, Cypress Creek, Texas, authorized by 

12 section 3(a)(13) of the Water Resources Develop13 ment Act of 1988 (102 Stat. 4014). 

14 (28) The project for flood protection, East Fork 

15 Channel Improvement, Increment 2, East Fork of 

16 the Trinity River, Texas, authorized by section 202 

17 of the Flood Control Act of 1962 (76 Stat. 1185). 

18 (29) The project for flood control, Falfurrias, 

19 Texas, authorized by section 3(a)(14) of the Water 

20 Resources Development Act of 1988 (102 Stat. 

21 4014). 

22 (30) The project for streambank erosion, 

23 Kanawha River, Charleston, West Virginia, author24 ized by section 603(f)(13) of the Water Resources 

25 Development Act of 1986 (100 Stat. 4153). 
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1 (g) CONDITIONS.—The first sentence of section 

2 1001(b)(2) of the Water Resources Development Act of 

3 1986 (33 U.S.C. 579a(b)(2)) is amended— 

4 (1) by striking ‘‘two years’’ and inserting 

5 ‘‘year’’; and 

6 (2) by striking ‘‘7’’ and inserting ‘‘5’’. 

7 SEC. 3128. LAND CONVEYANCES. 

8 (a) ST. FRANCIS BASIN, ARKANSAS AND MIS9 SOURI.— 

10 (1) IN GENERAL.—The Secretary shall convey 

11 to the State of Arkansas, without monetary consid12 eration and subject to paragraph (2), all right, title, 

13 and interest to real property within the State ac14 quired by the Federal Government as mitigation 

15 land for the project for flood control, St. Francis 

16 Basin, Arkansas and Missouri Project, authorized by 

17 the Flood Control Act of May 15, 1928 (33 U.S.C. 

18 702a et seq.) 

19 (2) TERMS AND CONDITIONS.— 

20 (A) IN GENERAL.—The conveyance by the 

21 United States under this subsection shall be 

22 subject to— 

23 (i) the condition that the State of Ar24 kansas agree to operate, maintain, and 

25 manage the real property for fish and wild-
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1 life, recreation, and environmental pur2 poses at no cost or expense to the United 

3 States; and 

4 (ii) such other terms and conditions 

5 as the Secretary determines to be in the 

6 interest of the United States. 

7 (B) REVERSION.—If the Secretary deter8 mines that the real property conveyed under 

9 paragraph (1) ceases to be held in public own10 ership or the State ceases to operate, maintain, 

11 and manage the real property in accordance 

12 with this subsection, all right, title, and interest 

13 in and to the property shall revert to the United 

14 States, at the option of the Secretary. 

15 (3) MITIGATION.—Nothing in this subsection 

16 extinguishes the responsibility of the Federal Gov17 ernment or the non-Federal interest for the project 

18 referred to in paragraph (1) from the obligation to 

19 implement mitigation for such project that existed 

20 on the day prior to the transfer authorized by this 

21 subsection. 

22 (b) MILFORD, KANSAS.— 

23 (1) IN GENERAL.—The Secretary shall convey 

24 by quitclaim deed without consideration to the Geary 

25 County Fire Department, Milford, Kansas, all right, 
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1 title, and interest of the United States in and to real 

2 property consisting of approximately 7.4 acres lo3 cated in Geary County, Kansas, for construction, op4 eration, and maintenance of a fire station. 

5 (2) REVERSION.—If the Secretary determines 

6 that the real property conveyed under paragraph (1) 

7 ceases to be held in public ownership or to be used 

8 for any purpose other than a fire station, all right, 

9 title, and interest in and to the property shall revert 

10 to the United States, at the option of the United 

11 States. 

12 (c) PIKE COUNTY, MISSOURI.— 

13 (1) IN GENERAL.—At such time as S.S.S., Inc., 

14 conveys all right, title and interest in and to the real 

15 property described in paragraph (2)(A) to the 

16 United States, the Secretary shall convey all right, 

17 title, and interest of the United States in and to the 

18 real property described in paragraph (2)(B) to 

19 S.S.S., Inc. 

20 (2) LAND DESCRIPTION.—The parcels of land 

21 referred to in paragraph (1) are the following: 

22 (A) NON-FEDERAL LAND.—Approximately 

23 42 acres, the exact legal description to be deter24 mined by mutual agreement of S.S.S., Inc., and 

25 the Secretary, subject to any existing flowage 
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1 easements situated in Pike County, Missouri, 

2 upstream and northwest, about a 200-foot dis3 tance from Drake Island (also known as Grimes 

4 Island). 

5 (B) FEDERAL LAND.—Approximately 42 

6 acres, the exact legal description to be deter7 mined by mutual agreement of S.S.S. Inc., and 

8 the Secretary, situated in Pike County, Mis9 souri, known as Government Tract Numbers 

10 MIs–7 and a portion of FM–46 (both tracts on 

11 Buffalo Island), administered by the Corps of 

12 Engineers. 

13 (3) CONDITIONS.—The exchange of real prop14 erty under paragraph (1) shall be subject to the fol15 lowing conditions: 

16 (A) DEEDS.— 

17 (i) NON-FEDERAL LAND.—The con18 veyance of the real property described in 

19 paragraph (2)(A) to the Secretary shall be 

20 by a warranty deed acceptable to the Sec21 retary. 

22 (ii) FEDERAL LAND.—The instrument 

23 of conveyance used to convey the real prop24 erty described in paragraph (2)(B) to 

25 S.S.S., Inc., shall be by quitclaim deed and 
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1 contain such reservations, terms, and con2 ditions as the Secretary considers nec3 essary to allow the United States to oper4 ate and maintain the Mississippi River 9- 

5 Foot Navigation Project. 

6 (B) REMOVAL OF IMPROVEMENTS.— 

7 S.S.S., Inc., may remove, and the Secretary 

8 may require S.S.S., Inc., to remove, any im9 provements on the land described in paragraph 

10 (2)(A). 

11 (C) TIME LIMIT FOR EXCHANGE.—The 

12 land exchange under paragraph (1) shall be 

13 completed not later than 2 years after the date 

14 of enactment of this Act. 

15 (4) VALUE OF PROPERTIES.—If the appraised 

16 fair market value, as determined by the Secretary, 

17 of the real property conveyed to S.S.S., Inc., by the 

18 Secretary under paragraph (1) exceeds the appraised 

19 fair market value, as determined by the Secretary, 

20 of the real property conveyed to the United States 

21 by S.S.S., Inc., under paragraph (1), S.S.S., Inc., 

22 shall make a payment to the United States equal to 

23 the excess in cash or a cash equivalent that is satis24 factory to the Secretary. 
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1 (d) BOARDMAN, OREGON.—Section 501(g)(1) of the 

2 Water Resources Development Act of 1996 (110 Stat. 

3 3751) is amended— 

4 (1) by striking ‘‘city of Boardman,’’ and insert5 ing ‘‘the Boardman Park and Recreation District, 

6 Boardman,’’; and 

7 (2) by striking ‘‘such city’’ and inserting ‘‘the 

8 city of Boardman’’. 

9 (e) PORT OF MORROW, BOARDMAN, OREGON.— 

10 (1) IN GENERAL.—The Secretary shall convey 

11 by quitclaim deed without consideration to the Port 

12 of Morrow, Boardman, Oregon, all right, title, and 

13 interest of the United States in and to real property 

14 consisting of approximately 25.7 acres located in 

15 Morrow County, Oregon, for the purposes of port ex16 pansion. 

17 (2) REVERSION.—If the Secretary determines 

18 that the real property conveyed under paragraph (1) 

19 ceases to be held in public ownership or to be used 

20 for any purpose that does not promote public access, 

21 all right, title, and interest in and to the property 

22 shall revert to the United States, at the option of 

23 the United States. 

24 (3) LIMITATION ON STATUTORY CONSTRUC25 TION.—Nothing in this subsection shall be construed 
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1 to affect any authority under section 401(e) of Pub2 lic Law 100–581. 

3 (f) TIOGA TOWNSHIP, PENNSYLVANIA.— 

4 (1) IN GENERAL.—The Secretary shall convey 

5 by quitclaim deed to the Tioga Township, Pennsyl6 vania, without consideration, all right, title, and in7 terest of the United States in and to the parcel of 

8 real property located on the northeast end of Tract 

9 No. 226, a portion of the Tioga-Hammond Lakes 

10 flood control project, Tioga County, Pennsylvania, 

11 consisting of approximately 8 acres, together with 

12 any improvements on that property, for public own13 ership and use as the site of the administrative of14 fices and road maintenance complex for the Town15 ship. 

16 (2) RESERVATION OF INTERESTS.—The Sec17 retary shall reserve such rights and interests in and 

18 to the property to be conveyed as the Secretary con19 siders necessary to preserve the operational integrity 

20 and security of the Tioga-Hammond Lakes flood 

21 control project. 

22 (3) REVERSION.—If the Secretary determines 

23 that the property conveyed under paragraph (1) 

24 ceases to be held in public ownership, or to be used 

25 as a site for the Tioga Township administrative of-
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1 fices and road maintenance complex or for related 

2 public purposes, all right, title, and interest in and 

3 to the property shall revert to the United States, at 

4 the option of the United States. 

5 (g) RICHARD B. RUSSELL LAKE, SOUTH CARO6 LINA.— 

7 (1) IN GENERAL.—The Secretary shall convey 

8 to the State of South Carolina, by quitclaim deed, 

9 at fair market value, all right, title, and interest of 

10 the United States in and to the real property de11 scribed in paragraph (2) that is managed, as of the 

12 date of enactment of this Act, by the South Carolina 

13 department of commerce for public recreation pur14 poses for the Richard B. Russell Dam and Lake, 

15 South Carolina, project authorized by section 203 of 

16 the Flood Control Act of 1966 (80 Stat. 1420). 

17 (2) LAND DESCRIPTION.—Subject to paragraph 

18 (3), the real property referred to in paragraph (1) 

19 is the parcel contained in the portion of real prop20 erty described in Army Lease Number DACW21–1– 

21 92–0500. 

22 (3) RESERVATION OF INTERESTS.—The United 

23 States shall reserve— 

24 (A) ownership of all real property included 

25 in the lease referred to in paragraph (2) that 
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1 would have been acquired for operational pur2 poses in accordance with the 1971 implementa3 tion of the 1962 Army/Interior Joint Acquisi4 tion Policy; and 

5 (B) such other rights and interests in and 

6 to the real property to be conveyed as the Sec7 retary considers necessary for authorized 

8 project purposes, including easement rights-of9 way to remaining Federal land. 

10 (4) NO EFFECT ON SHORE MANAGEMENT POL11 ICY.—The Shoreline Management Policy (ER–1130– 

12 2–406) of the Corps of Engineer shall not be 

13 changed or altered for any proposed development of 

14 land conveyed under this subsection. 

15 (5) COST SHARING.—In carrying out the con16 veyance under this subsection, the Secretary and the 

17 State shall comply with all obligations of any cost18 sharing agreement between the Secretary and the 

19 State with respect to the real property described in 

20 paragraph (2) in effect as of the date of the convey21 ance. 

22 (6) LAND NOT CONVEYED.—The State shall 

23 continue to manage the real property described in 

24 paragraph (3) not conveyed under this subsection in 
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1 accordance with the terms and conditions of Army 

2 Lease Number DACW21–1–92–0500. 

3 (h) GENERALLY APPLICABLE PROVISIONS.— 

4 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

5 The exact acreage and the legal description of any 

6 real property to be conveyed under this section shall 

7 be determined by a survey that is satisfactory to the 

8 Secretary. 

9 (2) APPLICABILITY OF PROPERTY SCREENING

10 PROVISIONS.—Section 2696 of title 10, United 

11 States Code, shall not apply to any conveyance 

12 under this section. 

13 (3) ADDITIONAL TERMS AND CONDITIONS.— 

14 The Secretary may require that any conveyance 

15 under this section be subject to such additional 

16 terms and conditions as the Secretary considers ap17 propriate and necessary to protect the interests of 

18 the United States. 

19 (4) COSTS OF CONVEYANCE.—An entity to 

20 which a conveyance is made under this section shall 

21 be responsible for all reasonable and necessary costs, 

22 including real estate transaction and environmental 

23 documentation costs, associated with the conveyance. 

24 (5) LIABILITY.—An entity to which a convey25 ance is made under this section shall hold the 
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1 United States harmless from any liability with re2 spect to activities carried out, on or after the date 

3 of the conveyance, on the real property conveyed. 

4 The United States shall remain responsible for any 

5 liability with respect to activities carried out, before 

6 such date, on the real property conveyed. 

7 SEC. 3129. EXTINGUISHMENT OF REVERSIONARY INTER8 ESTS AND USE RESTRICTIONS. 

9 (a) IDAHO.— 

10 (1) IN GENERAL.—With respect to each deed 

11 listed in paragraph (2), the reversionary interests 

12 and use restrictions relating to port and industrial 

13 use purposes are extinguished. 

14 (2) AFFECTED DEEDS.—The deeds with the fol15 lowing county auditor’s file numbers are referred to 

16 in paragraph (1): 

17 (A) Auditor’s Instruments No. 399218 and 

18 No. 399341 of Nez Perce County, Idaho—2.07 

19 acres. 

20 (B) Auditor’s Instruments No. 487437 and 

21 No. 339341 of Nez Perce County, Idaho—7.32 

22 acres. 

23 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

24 RIVER, TENNESSEE.— 
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1 (1) RELEASE OF RETAINED RIGHTS, INTER2 ESTS, RESERVATIONS.—With respect to land con3 veyed by the Secretary to the Tennessee Society of 

4 Crippled Children and Adults, Incorporated (now 

5 known as ‘‘Easter Seals Tennessee’’), at Old Hick6 ory Lock and Dam, Cumberland River, Tennessee, 

7 under section 211 of the Flood Control Act of 1965 

8 (79 Stat. 1087), the reversionary interests and the 

9 use restrictions relating to recreation and camping 

10 purposes are extinguished. 

11 (2) INSTRUMENT OF RELEASE.—As soon as 

12 possible after the date of enactment of this Act, the 

13 Secretary shall execute and file in the appropriate 

14 office a deed of release, amended deed, or other ap15 propriate instrument effectuating the release of in16 terests required by paragraph (1). 

17 (c) PORT OF PASCO, WASHINGTON.— 

18 (1) IN GENERAL.—With respect to property 

19 covered by each deed described in paragraph (2)— 

20 (A) the reversionary interests and use re21 strictions relating to port and industrial pur22 poses are extinguished; and 

23 (B) the human habitation or other building 

24 structure use restriction is extinguished in 
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1 property in which the elevation is above stand2 ard project flood elevation. 

3 (2) AFFECTED DEEDS.—The deeds referred to 

4 in paragraph (1) are Auditor’s File Numbers 

5 208693, 212041, 219453, and 375866 of Franklin 

6 County, Washington. 

7 (d) NO EFFECT OF OTHER RIGHTS.—Nothing in this 

8 section affects the remaining rights and interests of the 

9 Corps of Engineers for authorized project purposes. 

10 TITLE IV—STUDIES 

11 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

12 Section 455 of the Water Resources Development Act 

13 of 1999 (42 U.S.C. 1962d–21) is amended by adding at 

14 the end the following: 

15 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The 

16 non-Federal interest may provide up to 100 percent of the 

17 non-Federal share required under subsection (f) in the 

18 form of in-kind services and materials.’’. 

19 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 

20 SITES. 

21 The Secretary shall conduct a study to determine the 

22 nature and frequency of avian botulism problems in the 

23 vicinity of Lake Erie associated with dredged material dis24 posal sites and shall make recommendations to eliminate 

25 the conditions that result in such problems. 
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1 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 

2 STUDY. 

3 (a) IN GENERAL.—The Secretary, in coordination 

4 with the Secretary of the Interior, the Secretary of Agri5 culture, the Secretary of Commerce, and other appropriate 

6 agencies, shall conduct, at Federal expense, a comprehen7 sive study of drought conditions in the southwestern 

8 United States, with a particular emphasis on the Colorado 

9 River basin, the Rio Grande River basin, and the Great 

10 Basin. 

11 (b) INVENTORY OF ACTIONS.—In conducting the 

12 study, the Secretary shall assemble an inventory of actions 

13 taken or planned to be taken to address drought-related 

14 situations in the southwestern United States. 

15 (c) PURPOSE.—The purpose of the study shall be to 

16 develop recommendations to more effectively address cur17 rent and future drought conditions in the southwestern 

18 United States. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary to carry 

21 out this section $7,000,000. Such funds shall remain 

22 available until expended. 

23 SEC. 4004. UPPER MISSISSIPPI RIVER COMPREHENSIVE 

24 PLAN. 

25 Section 459(e) of the Water Resources Development 

26 Act of 1999 (113 Stat. 333; 114 Stat. 2635) is amended 
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1 by striking ‘‘3 years after the first date on which funds 

2 are appropriated to carry out this section’’ and inserting 

3 ‘‘December 30, 2006’’. 

4 SEC. 4005. ST. GEORGE HARBOR, ALASKA. 

5 The Secretary shall conduct, at Federal expense, a 

6 study to determine the feasibility of providing navigation 

7 improvements at St. George Harbor, Alaska. 

8 SEC. 4006. SUSITNA RIVER, ALASKA. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for hydropower, recre11 ation, and related purposes on the Susitna River, Alaska. 

12 SEC. 4007. GILA BEND, MARICOPA, ARIZONA. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage re15 duction, Gila Bend, Maricopa, Arizona. In conducting the 

16 study, the Secretary shall review plans and designs devel17 oped by non-Federal interests and shall incorporate such 

18 plans and designs into the Federal study if the Secretary 

19 determines that such plans and designs are consistent with 

20 Federal standards. 

21 SEC. 4008. SEARCY COUNTY, ARKANSAS. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of using Greers Ferry Lake as a water supply 

24 source for Searcy County, Arkansas. 
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1 SEC. 4009. DRY CREEK VALLEY, CALIFORNIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project to provide recycled 

4 water for agricultural water supply, Dry Creek Valley, 

5 California, including a review of the feasibility of expand6 ing the Geysers recharge project north of Healdsburg, 

7 California. 

8 SEC. 4010. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 

9 The Secretary shall conduct a study of the Elkhorn 

10 Slough estuary, California, to determine the feasibility of 

11 conserving, enhancing, and restoring estuarine habitats by 

12 developing strategies to address hydrological management 

13 issues. 

14 SEC. 4011. LOS ANGELES RIVER, CALIFORNIA. 

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

16 study to determine the feasibility of carrying out a project 

17 for flood damage reduction and ecosystem restoration, Los 

18 Angeles River, California. 

19 (b) REVITALIZATION PLAN.—In conducting the 

20 study, the Secretary shall review the Los Angeles River 

21 revitalization plan developed by non-Federal interests and 

22 shall incorporate such plan into the Federal study if the 

23 Secretary determines that such plan is consistent with 

24 Federal standards. 
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1 SEC. 4012. LYTLE CREEK, RIALTO, CALIFORNIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction and groundwater recharge, Lytle Creek, Rialto, 

5 California. 

6 SEC. 4013. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, 

7 CALIFORNIA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for water supply along 

10 the Mokelumne River, San Joaquin County, California. 

11 SEC. 4014. NAPA RIVER, ST. HELENA, CALIFORNIA. 

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

13 comprehensive study of the Napa River in the vicinity of 

14 St. Helena, California, for the purposes of improving flood 

15 management through reconnecting the river to its flood16 plain; restoring habitat, including riparian and aquatic 

17 habitat; improving fish passage and water quality; and re18 storing native plant communities. 

19 (b) PLANS AND DESIGNS.—In conducting the study, 

20 the Secretary shall review plans and designs developed by 

21 non-Federal interests and shall incorporate such plans and 

22 designs into the Federal study if the Secretary determines 

23 that such plans and designs are consistent with Federal 

24 standards. 
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1 SEC. 4015. ORICK, CALIFORNIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction and ecosystem restoration, Orick, California. In 

5 conducting the study, the Secretary shall determine the 

6 feasibility of restoring or rehabilitating the Redwood 

7 Creek Levees, Humboldt County, California. 

8 SEC. 4016. SACRAMENTO RIVER, CALIFORNIA. 

9 The Secretary shall conduct a comprehensive study 

10 to determine the feasibility of, and alternatives for, meas11 ures to protect water diversion facilities and fish protective 

12 screen facilities in the vicinity of river mile 178 on the 

13 Sacramento River, California. 

14 SEC. 4017. SAN DIEGO COUNTY, CALIFORNIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for water supply, San 

17 Diego County, California, including a review of the feasi18 bility of connecting 4 existing reservoirs to increase usable 

19 storage capacity. 

20 SEC. 4018. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA21 QUIN DELTA, CALIFORNIA. 

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

23 study to determine the feasibility of the beneficial use of 

24 dredged material from the San Francisco Bay in the Sac25 ramento-San Joaquin Delta, California, including the ben26 efits and impacts of salinity in the Delta and the benefits 
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1 to navigation, flood damage reduction, ecosystem restora2 tion, water quality, salinity control, water supply reli3 ability, and recreation. 

4 (b) COOPERATION.—In conducting the study, the 

5 Secretary shall cooperate with the California Department 

6 of Water Resources and appropriate Federal and State en7 tities in developing options for the beneficial use of 

8 dredged material from San Francisco Bay for the Sac9 ramento-San Joaquin Delta area. 

10 (c) REVIEW.—The study shall include a review of the 

11 feasibility of using Sherman Island as a rehandling site 

12 for levee maintenance material, as well as for ecosystem 

13 restoration. The review may include monitoring a pilot 

14 project using up to 150,000 cubic yards of dredged mate15 rial and being carried out at the Sherman Island site, ex16 amining larger scale use of dredged materials from the 

17 San Francisco Bay and Suisun Bay Channel, and ana18 lyzing the feasibility of the potential use of saline mate19 rials from the San Francisco Bay for both rehandling and 

20 ecosystem restoration purposes. 

21 SEC. 4019. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

22 CALIFORNIA. 

23 (a) IN GENERAL.—In conducting the South San 

24 Francisco Bay shoreline study, the Secretary shall— 
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1 (1) review the planning, design, and land acqui2 sition documents prepared by the California State 

3 Coastal Conservancy, the Santa Clara Valley Water 

4 District, and other local interests in developing rec5 ommendations for measures to provide flood protec6 tion of the South San Francisco Bay shoreline, res7 toration of the South San Francisco Bay salt ponds 

8 (including lands owned by the Department of the In9 terior), and other related purposes; and 

10 (2) incorporate such planning, design, and land 

11 acquisition documents into the Federal study if the 

12 Secretary determines that such documents are con13 sistent with Federal standards. 

14 (b) REPORT.—Not later than December 31, 2008, 

15 the Secretary shall transmit a feasibility report for the 

16 South San Francisco Bay shoreline study to the Com17 mittee on Transportation and Infrastructure of the House 

18 of Representatives and the Committee on Environment 

19 and Public Works of the Senate. 

20 (c) CREDIT.— 

21 (1) IN GENERAL.—The Secretary shall credit 

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

23 project authorized by law as a result of the South 

24 San Francisco Bay shoreline study the cost of work 

25 carried out by the non-Federal interest before the 
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1 date of the partnership agreement for the project if 

2 the Secretary determines that the work is integral to 

3 the project. 

4 (2) LIMITATION.—In no case may work that 

5 was carried out more than 5 years before the date 

6 of enactment of this Act be eligible for credit under 

7 this subsection. 

8 SEC. 4020. TWENTYNINE PALMS, CALIFORNIA. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for flood damage re11 duction, Pinto Cove Wash, in the vicinity of Twentynine 

12 Palms, California. 

13 SEC. 4021. YUCCA VALLEY, CALIFORNIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage re16 duction, West Burnt Mountain basin, in the vicinity of 

17 Yucca Valley, California. 

18 SEC. 4022. BOULDER CREEK, BOULDER, COLORADO. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for flood damage re21 duction in the Boulder Creek floodplain, Colorado. 

22 SEC. 4023. ROARING FORK RIVER, BASALT, COLORADO. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for flood damage re-
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1 duction and other purposes for the Roaring Fork River, 

2 Basalt, Colorado. 

3 SEC. 4024. DELAWARE AND CHRISTINA RIVERS AND 

4 SHELLPOT CREEK, WILMINGTON, DELAWARE. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for flood damage re7 duction and related purposes along the Delaware and 

8 Christina Rivers and Shellpot Creek, Wilmington, Dela9 ware. 

10 SEC. 4025. COLLIER COUNTY BEACHES, FLORIDA. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for hurricane and 

13 storm damage reduction and flood damage reduction in 

14 the vicinity of Vanderbilt, Park Shore, and Naples beach15 es, Collier County, Florida. 

16 SEC. 4026. VANDERBILT BEACH LAGOON, FLORIDA. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for environmental res19 toration, water supply, and improvement of water quality 

20 at Vanderbilt Beach Lagoon, Florida. 

21 SEC. 4027. MERIWETHER COUNTY, GEORGIA. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply, 

24 Meriwether County, Georgia. 
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1 SEC. 4028. TYBEE ISLAND, GEORGIA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of including the northern end of Tybee Island 

4 extending from the north terminal groin to the mouth of 

5 Lazaretto Creek as a part of the project for beach erosion 

6 control, Tybee Island, Georgia, carried out under section 

7 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d– 

8 5). 

9 SEC. 4029. KAUKONAHUA-HELEMANO WATERSHED, OAHU, 

10 HAWAII. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for flood damage re13 duction, Kaukonahua-Helemano watershed, Oahu, Ha14 waii. 

15 SEC. 4030. WEST MAUI, MAUI, HAWAII. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out projects for water resources de18 velopment, environmental restoration, and natural re19 sources protection, West Maui, Maui, Hawaii. 

20 SEC. 4031. BOISE RIVER, IDAHO. 

21 The study for flood control, Boise River, Idaho, au22 thorized by section 414 of the Water Resources Develop23 ment Act of 1999 (113 Stat. 324), is modified— 

24 (1) to add ecosystem restoration and water sup25 ply as project purposes to be studied; and 
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1 (2) to require the Secretary to credit toward the 

2 non-Federal share of the cost of the study the cost, 

3 not to exceed $500,000, of work carried out by the 

4 non-Federal interest before the date of the partner5 ship agreement for the project if the Secretary de6 termines that the work is integral to the project. 

7 SEC. 4032. BALLARD’S ISLAND SIDE CHANNEL, ILLINOIS. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for ecosystem restora10 tion, Ballard’s Island, Illinois. 

11 SEC. 4033. CHICAGO, ILLINOIS. 

12 Section 425(a) of the Water Resources Development 

13 Act of 2000 (114 Stat. 2638) is amended by inserting 

14 ‘‘Lake Michigan and’’ before ‘‘the Chicago River’’. 

15 SEC. 4034. SOUTH BRANCH, CHICAGO RIVER, CHICAGO, IL16 LINOIS. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for ecosystem restora19 tion at the South Fork of the South Branch of the Chicago 

20 River, Chicago, Illinois. 

21 SEC. 4035. UTICA, ILLINOIS. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for flood damage re24 duction in the vicinity of Utica, Illinois. 
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1 SEC. 4036. LAKE AND PORTER COUNTIES, INDIANA. 

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 

5 environmental restoration along Lake Michigan, Ham6 mond, Whiting, East Chicago, Gary, and Portage, Indi7 ana. 

8 SEC. 4037. SALEM, INDIANA. 

9 The Secreatry shall conduct a study to determine the 

10 feasibility of carrying out a project to provide an addi11 tional water supply source for Salem, Indiana. 

12 SEC. 4038. BUCKHORN LAKE, KENTUCKY. 

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

14 study to determine the feasibility of modifying the project 

15 for flood damage reduction, Buckhorn Lake, Kentucky, 

16 authorized by section 2 of the Flood Control Act of June 

17 28, 1938 (52 Stat. 1217), to add ecosystem restoration 

18 and recreation as project purposes, including permanently 

19 raising the winter pool elevation of the project. 

20 (b) IN-KIND CONTRIBUTIONS.—The non-Federal in21 terest may provide the non-Federal share of the cost of 

22 the study in the form of services, materials, supplies, or 

23 other in-kind contributions. 
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1 SEC. 4039. DEWEY LAKE, KENTUCKY. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of modifying the project for Dewey Lake, Ken4 tucky, to add water supply as a project purpose. 

5 SEC. 4040. LOUISVILLE, KENTUCKY. 

6 The Secretary shall conduct a study of the project 

7 for flood control, Louisville, Kentucky, authorized by sec8 tion 4 of the Flood Control Act of June 28, 1938 (52 Stat. 

9 1217), to investigate measures to address the rehabilita10 tion of the project. 

11 SEC. 4041. BASTROP-MOREHOUSE PARISH, LOUISIANA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply, 

14 Bastrop-Morehouse Parish, Louisiana. 

15 SEC. 4042. OFFSHORE OIL AND GAS FABRICATION PORTS, 

16 LOUISIANA. 

17 (a) BENEFITS.—In conducting a feasibility study for 

18 each of the following projects for navigation, the Secretary 

19 shall include in the calculation of national economic devel20 opment benefits all economic benefits associated with con21 tracts for new energy exploration and contracts for the 

22 fabrication of energy infrastructure if the non-Federal in23 terest demonstrates to the satisfaction of the Secretary 

24 that the construction of the project will result in new 

25 United States investment in energy exploration and energy 

26 infrastructure fabrication, and that such investment, with-
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1 out construction of the project, would occur outside of the 

2 United States: 

3 (1) Atchafalaya River, Bayous Chene, Boeuf, 

4 and Black, Louisiana, being conducted under section 

5 430 of the Water Resources Development Act of 

6 2000 (114 Stat. 2639). 

7 (2) Iberia Port, Louisiana, being conducted 

8 under section 431 of the Water Resources Develop9 ment Act of 2000 (114 Stat. 2639). 

10 (b) REPEAL.—Section 6009 of the Emergency Sup11 plemental Appropriations Act for Defense, the Global War 

12 on Terror, and Tsunami Relief, 2005 (Public Law 109– 

13 13; 119 Stat. 282) is repealed. 

14 SEC. 4043. VERMILION RIVER, LOUISIANA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for navigation on the 

17 Vermilion River, Louisiana, from the intersection of the 

18 Vermilion River and the Gulf Intracoastal Waterway to 

19 the industrial area north of the Vermilion River. 

20 SEC. 4044. WEST FELICIANA PARISH, LOUISIANA. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for riverfront develop23 ment, including enhanced public access, recreation, and 

24 environmental restoration, on the Mississippi River in 

25 West Feliciana Parish, Louisiana. 
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1 SEC. 4045. PATAPSCO RIVER, MARYLAND. 

2 The Secretary shall conduct a study to determine and 

3 assess the impact of debris in the Patapsco River basin, 

4 Maryland, on wetlands, water quality, and public health 

5 and to identify management measures to reduce the inflow 

6 of debris into the Patapsco River. 

7 SEC. 4046. FALL RIVER HARBOR, MASSACHUSETTS AND 

8 RHODE ISLAND. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of deepening that portion of the navigation 

11 channel of the navigation project for Fall River Harbor, 

12 Massachusetts and Rhode Island, authorized by section 

13 101 of the River and Harbor Act of 1968 (82 Stat. 731), 

14 seaward of the Charles M. Braga, Jr. Memorial Bridge, 

15 Fall River and Somerset, Massachusetts. 

16 SEC. 4047. HAMBURG AND GREEN OAK TOWNSHIPS, MICHI17 GAN. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction on Ore Lake and the Huron River for Hamburg 

21 and Green Oak Townships, Michigan. 

22 SEC. 4048. ST. CLAIR RIVER, MICHIGAN. 

23 (a) IN GENERAL.—The Secretary shall carry out a 

24 study of the relationships among dredging of the St. Clair 

25 River for navigation, erosion in the river, and declining 
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1 water levels in the river and in Lake Michigan and Lake 

2 Huron. 

3 (b) RECOMMENDATIONS.—The report on the results 

4 of the study may include recommendations to address 

5 water level declines in Lake Michigan and Lake Huron. 

6 SEC. 4049. DULUTH-SUPERIOR HARBOR, MINNESOTA AND 

7 WISCONSIN. 

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

9 study and prepare a report to evaluate the integrity of 

10 the bulkhead system located on and in the vicinity of Du11 luth-Superior Harbor, Duluth, Minnesota, and Superior, 

12 Wisconsin. 

13 (b) CONTENTS.—The report shall include— 

14 (1) a determination of causes of corrosion of 

15 the bulkhead system; 

16 (2) recommendations to reduce corrosion of the 

17 bulkhead system; 

18 (3) a description of the necessary repairs to the 

19 bulkhead system; and 

20 (4) an estimate of the cost of addressing the 

21 causes of the corrosion and carrying out necessary 

22 repairs. 

23 SEC. 4050. WILD RICE RIVER, MINNESOTA. 

24 The Secretary shall review the project for flood pro25 tection and other purposes on Wild Rice River, Minnesota, 
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1 authorized by section 201 of the Flood Control Act of 

2 1970 (84 Stat. 1825), to develop alternatives to the Twin 

3 Valley Lake feature. 

4 SEC. 4051. MISSISSIPPI COASTAL AREA, MISSISSIPPI. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of making improvements or modifications to ex7 isting improvements in the coastal area of Mississippi in 

8 the interest of hurricane and storm damage reduction, 

9 prevention of saltwater intrusion, preservation of fish and 

10 wildlife, prevention of erosion, and other related water re11 source purposes. 

12 SEC. 4052. NORTHEAST MISSISSIPPI. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of modifying the project for navigation, Ten15 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

16 provide water supply for northeast Mississippi. 

17 SEC. 4053. ST. LOUIS, MISSOURI. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction, St. Louis, Missouri, to restore or rehabilitate the 

21 levee system feature of the project for flood protection, 

22 St. Louis, Missouri, authorized by the first section of the 

23 Act entitled ‘‘An Act authorizing construction of certain 

24 public works on the Mississippi River for the protection 
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1 of Saint Louis, Missouri’’, approved August 9, 1955 (69 

2 Stat. 540). 

3 SEC. 4054. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project in the vicinity of the 

6 Atlantic Intracoastal Waterway, New Jersey, for the con7 struction of a dredged material disposal transfer facility 

8 to make dredged material available for beneficial reuse. 

9 SEC. 4055. BAYONNE, NEW JERSEY. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for environmental res12 toration, including improved water quality, enhanced pub13 lic access, and recreation, on the Kill Van Kull, Bayonne, 

14 New Jersey. 

15 SEC. 4056. CARTERET, NEW JERSEY. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for environmental res18 toration, including improved water quality, enhanced pub19 lic access, and recreation, on the Raritan River, Carteret, 

20 New Jersey. 

21 SEC. 4057. ELIZABETH RIVER, ELIZABETH, NEW JERSEY. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out ecosystem restoration improve24 ments in the Elizabeth River watershed, Elizabeth, New 

25 Jersey. 
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1 SEC. 4058. GLOUCESTER COUNTY, NEW JERSEY. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, Gloucester, New Jersey, including the feasibility 

5 of restoring the flood protection dikes in Gibbstown, New 

6 Jersey, and the associated tidegates in Gloucester, New 

7 Jersey. 

8 SEC. 4059. PERTH AMBOY, NEW JERSEY. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for riverfront develop11 ment, including enhanced public access, recreation, and 

12 environmental restoration, on the Arthur Kill, Perth 

13 Amboy, New Jersey. 

14 SEC. 4060. WRECK POND, MONMOUTH COUNTY, NEW JER15 SEY. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for environmental res18 toration at Wreck Pond, New Jersey, including Black 

19 Creek and associated waters. 

20 SEC. 4061. BATAVIA, NEW YORK. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for hydropower and 

23 related purposes in the vicinity of Batavia, New York. 

24 SEC. 4062. BIG SISTER CREEK, EVANS, NEW YORK. 

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

26 study to determine the feasibility of carrying out a project 
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1 for flood damage reduction, Big Sister Creek, Evans, New 

2 York. 

3 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In 

4 conducting the study, the Secretary shall evaluate poten5 tial solutions to flooding from all sources, including flood6 ing that results from ice jams. 

7 SEC. 4063. EAST CHESTER BAY, TURTLE COVE, NEW YORK. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for navigation, East 

10 Chester Creek, Chester Bay, Turtle Cove, New York. 

11 SEC. 4064. HUDSON-RARITAN ESTUARY, NEW YORK AND 

12 NEW JERSEY. 

13 In conducting the study for environmental restora14 tion, Hudson-Raritan Estuary, New York and New Jer15 sey, the Secretary shall establish and utilize watershed res16 toration teams composed of estuary restoration experts 

17 from the Corps of Engineers, the New Jersey Department 

18 of Environmental Protection, and the Port Authority of 

19 New York and New Jersey and other experts designated 

20 by the Secretary for the purpose of developing habitat res21 toration and water quality enhancement. 

22 SEC. 4065. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for storm damage re-
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1 duction and shoreline protection in the vicinity of Galla2 gher Beach, Lake Erie Shoreline, Buffalo, New York. 

3 SEC. 4066. NEWTOWN CREEK, NEW YORK. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out ecosystem restoration improve6 ments on Newtown Creek, Brooklyn and Queens, New 

7 York. 

8 SEC. 4067. NIAGARA RIVER, NEW YORK. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for a low-head hydro11 electric generating facility in the Niagara River, New 

12 York. 

13 SEC. 4068. UPPER DELAWARE RIVER WATERSHED, NEW 

14 YORK. 

15 Notwithstanding section 221(b) of the Flood Control 

16 Act of 1970 (42 U.S.C. 1962d–5b(b)) and with the con17 sent of the affected local government, a nonprofit organi18 zation may serve as the non-Federal interest for a study 

19 for the Upper Delaware watershed, New York, being car20 ried out under Committee Resolution 2495 of the Com21 mittee on Transportation and Infrastructure of the House 

22 of Representatives, adopted May 9, 1996. 

23 SEC. 4069. LINCOLN COUNTY, NORTH CAROLINA. 

24 The Secretary shall conduct a study of existing water 

25 and water quality-related infrastructure in Lincoln Coun-
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1 ty, North Carolina, to assist local interests in determining 

2 the most efficient and effective way to connect county in3 frastructure. 

4 SEC. 4070. WILKES COUNTY, NORTH CAROLINA. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for water supply, 

7 Wilkes County, North Carolina. 

8 SEC. 4071. YADKINVILLE, NORTH CAROLINA. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for water supply, 

11 Yadkinville, North Carolina. 

12 SEC. 4072. CINCINNATI, OHIO. 

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

14 study to determine the feasibility of carrying out a project 

15 for ecosystem restoration and recreation on the Ohio 

16 River, Cincinnati, Ohio. 

17 (b) DESIGN.—While conducting the study, the Sec18 retary may continue to carry out design work for the 

19 project as authorized by section 118 of division H of the 

20 Consolidated Appropriations Act, 2004 (118 Stat. 439). 

21 (c) EXISTING PLANS.—In conducting the study, the 

22 Secretary shall review the Central Riverfront Park Master 

23 Plan, dated December 1999, and incorporate any compo24 nents of the plan that the Secretary determines are con25 sistent with Federal standards. 
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1 (d) CREDIT.— 

2 (1) IN GENERAL.—The Secretary shall credit 

3 toward the non-Federal share of the cost of any 

4 project authorized by law as a result of the study 

5 the cost of work carried out by the non-Federal in6 terest before the date of the partnership agreement 

7 for the project if the Secretary determines that the 

8 work is integral to the project. 

9 (2) LIMITATION.—In no case may work that 

10 was carried out more than 5 years before the date 

11 of enactment of this Act be eligible for credit under 

12 this subsection. 

13 SEC. 4073. EUCLID, OHIO. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for navigation, eco16 system restoration, and recreation on Lake Erie, in the 

17 vicinity of the Euclid Lakefront, Euclid, Ohio. 

18 SEC. 4074. LAKE ERIE, OHIO. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out projects for power generation 

21 at confined disposal facilities along Lake Erie, Ohio. 

22 SEC. 4075. OHIO RIVER, OHIO. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out projects for flood damage reduc25 tion on the Ohio River in Mahoning, Columbiana, Jeffer-
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1 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 

2 Gallia, Lawrence, and Scioto Counties, Ohio. 

3 SEC. 4076. SUTHERLIN, OREGON. 

4 (a) STUDY.—The Secretary shall conduct a study of 

5 water resources along Sutherlin Creek in the vicinity of 

6 Sutherlin, Oregon, to determine the feasibility of carrying 

7 out a project to restore and enhance aquatic resources 

8 using a combination of structural and bioengineering tech9 niques and, if the Secretary determines that the project 

10 is feasible, the Secretary may carry out the project. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $2,500,000. 

14 SEC. 4077. TILLAMOOK BAY AND BAR, OREGON. 

15 The Secretary shall conduct a study of the project 

16 for navigation, Tillamook Bay and Bar, Oregon, author17 ized by the first section of the River and Harbor Appro18 priations Act of July 25, 1912 (37 Stat. 220), to inves19 tigate measures to address dangerous and hazardous wave 

20 and ocean conditions. 

21 SEC. 4078. ECOSYSTEM RESTORATION AND FISH PASSAGE 

22 IMPROVEMENTS, OREGON. 

23 (a) STUDY.—The Secretary shall conduct a study to 

24 determine the feasibility of undertaking ecosystem restora-
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1 tion and fish passage improvements on rivers throughout 

2 the State of Oregon. 

3 (b) REQUIREMENTS.—In carrying out the study, the 

4 Secretary shall— 

5 (1) work in coordination with the State of Or6 egon, local governments, and other Federal agencies; 

7 and 

8 (2) place emphasis on— 

9 (A) fish passage and conservation and res10 toration strategies to benefit species that are 

11 listed or proposed for listing as threatened or 

12 endangered species under the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1531 et seq.); and 

14 (B) other watershed restoration objectives. 

15 (c) PILOT PROGRAM.— 

16 (1) IN GENERAL.—In conjunction with con17 ducting the study under subsection (a), the Sec18 retary may carry out pilot projects to demonstrate 

19 the effectiveness of ecosystem restoration and fish 

20 passages. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated $5,000,000 

23 to carry out this subsection. 
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1 SEC. 4079. WALLA WALLA RIVER BASIN, OREGON. 

2 In conducting the study of determine the feasibility 

3 of carrying out a project for ecosystem restoration, Walla 

4 Walla River basin, Oregon, the Secretary shall— 

5 (1) credit toward the non-Federal share of the 

6 cost of the study the cost of work carried out by the 

7 non-Federal interest before the date of the partner8 ship agreement for the project if the Secretary de9 termines that the work is integral to the project; and 

10 (2) allow the non-Federal interest to provide 

11 the non-Federal share of the cost of the study in the 

12 form of services, materials, supplies, or other in-kind 

13 contributions. 

14 SEC. 4080. CHARTIERS CREEK WATERSHED, PENNSYL15 VANIA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for flood damage re18 duction, Chartiers Creek watershed, Pennsylvania. 

19 SEC. 4081. KINZUA DAM AND ALLEGHENY RESERVOIR, 

20 PENNSYLVANIA. 

21 The Secretary shall conduct a study of the project 

22 for flood control, Kinzua Dam and Allegheny Reservoir, 

23 Warren, Pennsylvania, authorized by section 5 of the 

24 Flood Control Act of June 22, 1936 (49 Stat. 1570), and 

25 modified by section 2 of the Flood Control Act of June 

26 28, 1938 (52 Stat. 1215), section 2 of the Flood Control 
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1 Act of August 18, 1941 (55 Stat. 646), and section 4 of 

2 the Flood Control Act of December 22, 1944 (58 Stat. 

3 887), to review operations of and identify modifications 

4 to the project to expand recreational opportunities. 

5 SEC. 4082. NORTH CENTRAL PENNSYLVANIA. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out project for aquatic ecosystem 

8 restoration and protection in Warren, McKean, Potter, 

9 Tioga, Lycoming, Centre, Cameron, Elk, Clearfield, Jef10 ferson, Clarion, Venango, Forest, Clinton, Crawford, and 

11 Mifflin Counties, Pennsylvania, particularly as related to 

12 abandoned mine drainage abatement and reestablishment 

13 of stream and river channels. 

14 SEC. 4083. NORTHAMPTON AND LEHIGH COUNTIES 

15 STREAMS, PENNSYLVANIA. 

16 The Secretary shall conduct a study to determine the 

17 feasibility of carrying out a project for ecosystem restora18 tion, floodplain management, flood damage reduction, 

19 water quality control, and watershed management, for the 

20 streams of Northampton and Lehigh Counties, Pennsyl21 vania. 

22 SEC. 4084. WESTERN PENNSYLVANIA FLOOD DAMAGE RE23 DUCTION. 

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

25 study of structural and nonstructural flood damage reduc-
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1 tion, stream bank protection, storm water management, 

2 channel clearing and modification, and watershed coordi3 nation measures in the Mahoning River basin, Pennsyl4 vania, the Allegheny River basin, Pennsylvania, and the 

5 Upper Ohio River basin, Pennsylvania, to provide a level 

6 of flood protection sufficient to prevent future losses to 

7 communities located in such basins from flooding such as 

8 occurred in September 2004, but not less than a 100-year 

9 level of flood protection. 

10 (b) PRIORITY COMMUNITIES.—In carrying out this 

11 section, the Secretary shall give priority to the following 

12 Pennsylvania communities: Marshall Township, Ross 

13 Township, Shaler Township, Jackson Township, Har14 mony, Zelienople, Darlington Township, Houston Bor15 ough, Chartiers Township, Washington, Canton Town16 ship, Tarentum Borough, and East Deer Township. 

17 SEC. 4085. WILLIAMSPORT, PENNSYLVANIA. 

18 The Secretary shall conduct a study of the project 

19 for flood control, Williamsport, Pennsylvania, authorized 

20 by section 5 of the Flood Control Act of June 22, 1936 

21 (49 Stat. 1570), to investigate measures to rehabilitate 

22 the project. 

23 SEC. 4086. YARDLEY BOROUGH, PENNSYLVANIA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage re-
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1 duction, at Yardley Borough, Pennsylvania, including the 

2 alternative of raising River Road. 

3 SEC. 4087. CROOKED CREEK, BENNETTSVILLE, SOUTH 

4 CAROLINA. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for water supply, 

7 Crooked Creek, Bennettsville, South Carolina. 

8 SEC. 4088. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for water supply, 

11 Broad River, York County, South Carolina. 

12 SEC. 4089. GEORGETOWN AND WILLIAMSBURG COUNTIES, 

13 SOUTH CAROLINA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply for 

16 Georgetown and Williamsburg Counties, South Carolina, 

17 including the viability and practicality of constructing a 

18 desalinization water treatment facility to meet such water 

19 supply needs. 

20 SEC. 4090. CHATTANOOGA, TENNESSEE. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage re23 duction, Chattanooga Creek, Dobbs Branch, Chattanooga, 

24 Tennessee. 
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1 SEC. 4091. CLEVELAND, TENNESSEE. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, Cleveland, Tennessee. 

5 SEC. 4092. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for recreation on, river8 bank protection for, and environmental protection of, the 

9 Cumberland River and riparian habitats in the city of 

10 Nashville and Davidson County, Tennessee. 

11 SEC. 4093. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN12 NESSEE. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for water supply for 

15 Lewis, Lawrence, and Wayne Counties, Tennessee. 

16 SEC. 4094. WOLF RIVER AND NONCONNAH CREEK, MEM17 PHIS TENNESSEE. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction along Wolf River and Nonconnah Creek, in the 

21 vicinity of Memphis, Tennessee, to include the repair, re22 placement, rehabilitation, and restoration of the following 

23 pumping stations: Cypress Creek, Nonconnah Creek, 

24 Ensley, Marble Bayou, and Bayou Gayoso. 
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1 SEC. 4095. ABILENE, TEXAS. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for water supply, Abi4 lene, Texas. 

5 SEC. 4096. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

6 RESTORATION, TEXAS. 

7 (a) IN GENERAL.—The Secretary shall develop a 

8 comprehensive plan to determine the feasibility of carrying 

9 out projects for flood damage reduction, hurricane and 

10 storm damage reduction, and ecosystem restoration in the 

11 coastal areas of the State of Texas. 

12 (b) SCOPE.—The comprehensive plan shall provide 

13 for the protection, conservation, and restoration of wet14 lands, barrier islands, shorelines, and related lands and 

15 features that protect critical resources, habitat, and infra16 structure from the impacts of coastal storms, hurricanes, 

17 erosion, and subsidence. 

18 (c) DEFINITION.—For purposes of this section, the 

19 term ‘‘coastal areas in the State of Texas’’ means the 

20 coastal areas of the State of Texas from the Sabine River 

21 on the east to the Rio Grande River on the west and in22 cludes tidal waters, barrier islands, marches, coastal wet23 lands, rivers and streams, and adjacent areas. 
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1 SEC. 4097. FORT BEND COUNTY, TEXAS. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, Fort Bend County, Texas. 

5 SEC. 4098. HARRIS COUNTY, TEXAS. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for flood damage re8 duction, Harris County, Texas. 

9 SEC. 4099. PORT OF GALVESTON, TEXAS. 

10 The Secretary shall conduct a study of the feasibility 

11 of carrying out a project for dredged material disposal in 

12 the vicinity of the project for navigation and environ13 mental restoration, Houston-Galveston Navigation Chan14 nels, Texas, authorized by section 101(a)(30) of the Water 

15 Resources Development Act of 1996 (110 Stat. 3666). 

16 SEC. 4100. ROMA CREEK, TEXAS. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for flood damage re19 duction, Roma Creek, Texas. 

20 SEC. 4101. WALNUT CREEK, TEXAS. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage re23 duction, environmental restoration, and erosion control, 

24 Walnut Creek, Texas. 
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1 SEC. 4102. GRAND COUNTY AND MOAB, UTAH. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for water supply for 

4 Grand County and the city of Moab, Utah, including a 

5 review of the impact of current and future demands on 

6 the Spanish Valley Aquifer. 

7 SEC. 4103. SOUTHWESTERN UTAH. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage re10 duction, Santa Clara River, Washington, Iron, and Kane 

11 Counties, Utah. 

12 SEC. 4104. CHOWAN RIVER BASIN, VIRGINIA AND NORTH 

13 CAROLINA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage re16 duction, environmental restoration, navigation, and ero17 sion control, Chowan River basin, Virginia and North 

18 Carolina. 

19 SEC. 4105. JAMES RIVER, RICHMOND, VIRGINIA. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out a project for flood damage re22 duction for the James River in the vicinity of Richmond, 

23 Virginia, including the Shockoe Bottom area . 

24 SEC. 4106. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. 

25 (a) IN GENERAL.—The study for rehabilitation of the 

26 Elliott Bay Seawall, Seattle, Washington, being carried 
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1 out under Committee Resolution 2704 of the Committee 

2 on Transportation and Infrastructure of the House of 

3 Representatives adopted September 25, 2002, is modified 

4 to include a determination of the feasibility of reducing 

5 future damage to the seawall from seismic activity. 

6 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 

7 out the study, the Secretary may accept contributions in 

8 excess of the non-Federal share of the cost of the study 

9 from the non-Federal sponsor to the extent that the Sec10 retary determines that the contributions will facilitate 

11 completion of the study. 

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

13 non-Federal share of the cost of any project authorized 

14 by law as a result of the study the value of contributions 

15 accepted by the Secretary under subsection (b). 

16 SEC. 4107. MONONGAHELA RIVER BASIN, NORTHERN WEST 

17 VIRGINIA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out aquatic ecosystem restoration 

20 and protection projects in the watersheds of the 

21 Monongahela River basin lying within the counties of 

22 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

23 Doddridge, Monongalia, Marion, Harrison, Taylor, 

24 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, 
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1 Brooke, and Rithchie, West Virginia, particularly as re2 lated to abandoned mine drainage abatement. 

3 SEC. 4108. KENOSHA HARBOR, WISCONSIN. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out a project for navigation, Keno6 sha Harbor, Wisconsin, including the extension of existing 

7 piers. 

8 SEC. 4109. WAUWATOSA, WISCONSIN. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for flood damage re11 duction and environmental restoration, Menomonee River 

12 and Underwood Creek, Wauwatosa, Wisconsin. 

13 TITLE V—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

16 (a) IN GENERAL.—Upon request of a non-Federal in17 terest, the Secretary shall be responsible for maintenance 

18 of the following navigation channels and breakwaters con19 structed or improved by the non-Federal interest if the 

20 Secretary determines that such maintenance is economi21 cally justified and environmentally acceptable and that the 

22 channel or breakwater was constructed in accordance with 

23 applicable permits and appropriate engineering and design 

24 standards: 

25 (1) Manatee Harbor basin, Florida. 
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1 (2) Bayou LaFourche Channel, Port Fourchon, 

2 Louisiana. 

3 (3) Calcasieu River at Devil’s Elbow, Louisiana. 

4 (4) Pidgeon Industrial Harbor, Pidgeon Indus5 trial Park, Memphis Harbor, Tennessee. 

6 (5) Pix Bayou Navigation Channel, Chambers 

7 County, Texas. 

8 (6) Racine Harbor, Wisconsin. 

9 (b) COMPLETION OF ASSESSMENT.—Not later than 

10 6 months after the date of receipt of a request from a 

11 non-Federal interest for Federal assumption of mainte12 nance of a channel listed in subsection (a), the Secretary 

13 shall make a determination as provided in subsection (a) 

14 and advise the non-Federal interest of the Secretary’s de15 termination. 

16 SEC. 5002. WATERSHED MANAGEMENT. 

17 (a) IN GENERAL.—The Secretary may provide tech18 nical, planning, and design assistance to non-Federal in19 terests for carrying out watershed management, restora20 tion, and development projects at the locations described 

21 in subsection (d). 

22 (b) SPECIFIC MEASURES.—Assistance provided 

23 under subsection (a) may be in support of non-Federal 

24 projects for the following purposes: 
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1 (1) Management and restoration of water qual2 ity. 

3 (2) Control and remediation of toxic sediments. 

4 (3) Restoration of degraded streams, rivers, 

5 wetlands, and other waterbodies to their natural 

6 condition as a means to control flooding, excessive 

7 erosion, and sedimentation. 

8 (4) Protection and restoration of watersheds, 

9 including urban watersheds. 

10 (5) Demonstration of technologies for non11 structural measures to reduce destructive impacts of 

12 flooding. 

13 (c) NON-FEDERAL SHARE.—The non-Federal share 

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

15 shall be 50 percent. 

16 (d) PROJECT LOCATIONS.—The locations referred to 

17 in subsection (a) are the following: 

18 (1) Cucamonga basin, Upland, California. 

19 (2) Big Creek watershed, Roswell, Georgia. 

20 (3) Those portions of the watersheds of the 

21 Chattahoochee, Etowah, Flint, Ocmulgee, and 

22 Oconee Rivers lying within the counties of Bartow, 

23 Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

24 Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, 

25 Paulding, Rockdale, and Walton, Georgia. 
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1 (4) Kinkaid Lake, Jackson County, Illinois. 

2 (5) Amite River basin, Louisiana. 

3 (6) East Atchafalaya River basin, Iberville Par4 ish and Pointe Coupee Parish, Louisiana. 

5 (7) Red River watershed, Louisiana. 

6 (8) Taunton River basin, Massachusetts. 

7 (9) Lower Platte River watershed, Nebraska. 

8 (10) Rio Grande watershed, New Mexico. 

9 (11) Marlboro Township, New Jersey. 

10 (12) Buffalo River watershed, New York. 

11 (13) Cattaragus Creek watershed, New York. 

12 (14) Eighteenmile Creek watershed, Niagara 

13 County, New York. 

14 (15) Esopus, Plattekill, and Rondout Creeks, 

15 Greene, Sullivan, and Ulster Counties, New York. 

16 (16) Genesee River watershed, New York. 

17 (17) Greenwood Lake watershed, New York 

18 and New Jersey. 

19 (18) Long Island Sound watershed, New York. 

20 (19) Niagara River watershed, New York. 

21 (20) Oswego River basin, New York. 

22 (21) Ramapo River watershed, New York. 

23 (22) Tonawanda Creek watershed, New York. 

24 (23) Tuscarawas River basin, Ohio. 

25 (24) Western Lake Erie basin, Ohio. 
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1 (25) Those portions of the watersheds of the 

2 Beaver, Upper Ohio, Connoquenessing, Lower Alle3 gheny, Kiskiminetas, Lower Monongahela, 

4 Youghiogheny, Shenango, and Mahoning Rivers 

5 lying within the counties of Beaver, Butler, Law6 rence, and Mercer, Pennsylvania. 

7 (26) Otter Creek watershed, Pennsylvania. 

8 (27) Unami Creek watershed, Milford Town9 ship, Pennsylvania. 

10 (28) Bosque River, Texas. 

11 (29) Sauk River basin, Washington. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $15,000,000. 

15 SEC. 5003. DAM SAFETY. 

16 (a) ASSISTANCE.—The Secretary may provide assist17 ance to enhance dam safety at the following locations: 

18 (1) Fish Creek Dam, Blaine County, Idaho. 

19 (2) Hamilton Dam, Saginaw River, Flint, 

20 Michigan. 

21 (3) Candor Dam, Candor, New York. 

22 (4) State Dam, Auburn, New York. 

23 (5) Whaley Lake Dam, Pawling, New York. 

24 (6) Ingham Spring Dam, Solebury Township, 

25 Pennsylvania. 
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•HR 2864 IH 

1 (7) Leaser Lake Dam, Lehigh County, Pennsyl2 vania. 

3 (8) Stillwater Dam, Monroe County, Pennsyl4 vania. 

5 (9) Wissahickon Creek Dam, Montgomery 

6 County, Pennsylvania. 

7 (b) SPECIAL RULE.—The assistance provided under 

8 subsection (a) for State Dam, Auburn, New York, shall 

9 be for a project for rehabilitation in accordance with the 

10 report on State Dam Rehabilitation, Owasco Lake Outlet, 

11 New York, dated March 1999, if the Secretary determines 

12 that the project is feasible. 

13 (c) FERN RIDGE DAM, OREGON.—It is the sense of 

14 Congress that the Secretary should immediately carry out 

15 a project to remedy the situation at Fern Ridge Dam, Or16 egon, due to the rapid deterioration of the dam. Cost shar17 ing for the project shall be as provided by section 1203 

18 of the Water Resources Development Act of 1986 (33 

19 U.S.C. 467n). 

20 (d) KEHLY RUN DAMS, PENNSYLVANIA.—Section 

21 504(a)(2) of the Water Resources Development Act of 

22 1999 (113 Stat. 338; 117 Stat. 1842) is amended by 

23 striking ‘‘Dams’’ and inserting ‘‘Dams No. 1–5’’. 
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out subsection (a) 

3 $6,000,000. 

4 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

5 (a) IN GENERAL.—Upon request of a non-Federal in6 terest, the Secretary shall evaluate the structural integrity 

7 and effectiveness of a project for flood damage reduction 

8 and, if the Secretary determines that the project does not 

9 meet such minimum standards as the Secretary may es10 tablish and, absent action by the Secretary, the project 

11 will fail, the Secretary may take such action as may be 

12 necessary to restore the integrity and effectiveness of the 

13 project. 

14 (b) PRIORITY.—The Secretary shall evaluate under 

15 subsection (a) the following projects: 

16 (1) Project for flood damage reduction, Arkan17 sas River Levees, river mile 205 to river mile 308.4, 

18 Arkansas. 

19 (2) Project for flood damage reduction, 

20 Nonconnah Creek, Tennessee. 

21 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

22 (a) IN GENERAL.—Section 212(e) of the Water Re23 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 

24 Stat. 2599) is amended— 
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1 (1) by striking ‘‘and’’ at the end of paragraphs 

2 (23) and (27); 

3 (2) by striking the period at the end of para4 graph (28) and inserting a semicolon; and 

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

6 ‘‘(29) Ascension Parish, Louisiana; 

7 ‘‘(30) East Baton Rouge Parish, Louisiana; 

8 ‘‘(31) Iberville Parish, Louisiana; 

9 ‘‘(32) Livingston Parish, Louisiana; and 

10 ‘‘(33) Pointe Coupee, Louisiana.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended 

13 by striking ‘‘section—’’ and all that follows before the pe14 riod at the end and inserting ‘‘section $20,000,000’’. 

15 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

16 PROJECTS. 

17 (a) IN GENERAL.—Section 219(e) of the Water Re18 sources Development Act of 1992 (106 Stat. 4835; 110 

19 Stat. 3757; 113 Stat. 334) is amended— 

20 (1) by striking ‘‘and’’ at the end of paragraph 

21 (7); 

22 (2) by striking the period at the end of para23 graph (8) and inserting a semicolon; and 

24 (3) by adding at the end the following: 
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1 ‘‘(9) $35,000,000 for the project described in 

2 subsection (c)(18); 

3 ‘‘(10) $20,000,000 for the project described in 

4 subsection (c)(20); 

5 ‘‘(11) $35,000,000 for the project described in 

6 subsection (c)(23); 

7 ‘‘(12) $20,000,000 for the project described in 

8 subsection (c)(25); 

9 ‘‘(13) $20,000,000 for the project described in 

10 subsection (c)(26); 

11 ‘‘(14) $35,000,000 for the project described in 

12 subsection (c)(27); 

13 ‘‘(15) $20,000,000 for the project described in 

14 subsection (c)(28); and 

15 ‘‘(16) $30,000,000 for the project described in 

16 subsection (c)(40).’’. 

17 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR18 KANSAS.—Federal assistance made available under the 

19 rural enterprise zone program of the Department of Agri20 culture may be used toward payment of the non-Federal 

21 share of the costs of the project described in section 

22 219(c)(20) of the Water Resources Development Act of 

23 1992 (114 Stat. 2763A–219) if such assistance is author24 ized to be used for such purposes. 
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1 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND 

2 CONSTRUCTION FOR CERTAIN PROJECTS. 

3 The Secretary shall expedite completion of the re4 ports and, if the Secretary determines the project is fea5 sible, shall expedite completion of construction for the fol6 lowing projects: 

7 (1) Fulmer Creek, Village of Mohawk, New 

8 York, being carried out under section 205 of the 

9 Flood Control Act of 1948 (33 U.S.C. 701s). 

10 (2) Moyer Creek, Village of Frankfort, New 

11 York, being carried out under section 205 of the 

12 Flood Control Act of 1948 (33 U.S.C. 701s). 

13 (3) Steele Creek, Village of Ilion, New York, 

14 being carried out under section 205 of the Flood 

15 Control Act of 1948 (33 U.S.C. 701s). 

16 (4) Oriskany Wildlife Management Area, Rome, 

17 New York, being carried out under section 206 of 

18 the Water Resources Development Act of 1996 (33 

19 U.S.C. 2330). 

20 (5) Whitney Point Lake, Otselic River, Whitney 

21 Point, New York, being carried out under section 

22 1135 of the Water Resources Development Act of 

23 1986 (33 U.S.C. 2309a). 
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1 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER2 TAIN PROJECTS. 

3 (a) IN GENERAL.—The Secretary shall expedite com4 pletion of the reports for the following projects and, if the 

5 Secretary determines that a project is justified in the com6 pleted report, proceed directly to project preconstruction, 

7 engineering, and design: 

8 (1) Project for water supply, Little Red River, 

9 Arkansas. 

10 (2) Project for shoreline stabilization at 

11 Egmont Key, Florida. 

12 (3) Project for ecosystem restoration, Univer13 sity Lake, Baton Rouge, Louisiana. 

14 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.— 

15 In carrying out the project for shoreline stabilization at 

16 Egmont Key, Florida, referred to in subsection (a)(2), the 

17 Secretary shall waive any cost share to be provided by non18 Federal interests for any portion of the project that bene19 fits federally owned property. 

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 

24 needs of the river basins and watersheds of the south25 eastern United States. 
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1 (b) COOPERATIVE AGREEMENTS.—In carrying out 

2 the assessment, the Secretary may enter into cooperative 

3 agreements with State and local agencies, non-Federal 

4 and nonprofit 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 Develop11 ment Act of 1986 (33 U.S.C. 652(e)(7)) is amended— 

12 (1) by adding at the end of subparagraph (A) 

13 the following: ‘‘The non-Federal interest may pro14 vide the non-Federal share of the cost of the project 

15 in the form 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 

19 Control Act of 1970 (42 U.S.C. 1962d–5(b)), for any 

20 project undertaken under this section, a non-Federal in21 terest may include a nonprofit entity, with the consent of 

22 the affected 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 

4 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

5 by striking ‘‘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 Devel9 opment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 

10 2646) is amended by striking ‘‘50 percent’’ and inserting 

11 ‘‘100 percent’’. 

12 SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND 

13 SEDIMENT REMEDIATION. 

14 Section 401(c) of the Water Resources Development 

15 Act of 1990 (33 U.S.C. 1268 note; 114 Stat. 2613) is 

16 amended by striking ‘‘2006’’ and inserting ‘‘2011’’. 

17 SEC. 5014. GREAT LAKES TRIBUTARY MODEL. 

18 Section 516(g)(2) of the Water Resources Develop19 ment Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended 

20 by striking ‘‘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 

6 be the ex officio United States member under the Susque7 hanna River Basin Compact and the Delaware River 

8 Basin Compact, who shall serve without additional com9 pensation and who may designate an alternate member or 

10 members in accordance with the terms of those respective 

11 compacts. 

12 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

13 may allocate funds to the Susquehanna River Basin Com14 mission, Delaware River Basin Commission, and the 

15 Interstate Commission on the Potomac River Basin (Poto16 mac River Basin Compact (Public Law 91–407)) to fulfill 

17 the equitable funding requirements of their respective 

18 interstate compacts. 

19 (c) WATER SUPPLY AND CONSERVATION STOR20 AGE.—The Secretary shall enter into an agreement with 

21 the Delaware River Basin Commission to provide tem22 porary water supply and conservation storage at the 

23 Francis E. Walter Dam, Pennsylvania, during any period 

24 in which the Commission has determined that a drought 

25 warning or drought emergency exists. The agreement shall 
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1 provide that the cost for any such water supply and con2 servation storage shall not exceed the incremental oper3 ating costs associated with providing the storage. 

4 SEC. 5016. CHESAPEAKE BAY ENVIRONMENTAL RESTORA5 TION AND PROTECTION PROGRAM. 

6 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 

7 Water Resources Development Act of 1996 (110 Stat. 

8 3759) is amended by striking ‘‘, and beneficial uses of 

9 dredged material’’ and inserting ‘‘, beneficial uses of 

10 dredged material, and restoration of submerged aquatic 

11 vegetation’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 510(i) of such Act (110 Stat. 3761) is amended by strik14 ing ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 

15 SEC. 5017. CHESAPEAKE BAY OYSTER RESTORATION. 

16 The second sentence of section 704(b) of the Water 

17 Resources Development Act of 1986 (33 U.S.C. 2263(b)) 

18 is amended by striking ‘‘$20,000,000’’ and inserting 

19 ‘‘$30,000,000’’. 

20 SEC. 5018. HYPOXIA ASSESSMENT. 

21 The Secretary may participate with Federal, State, 

22 and local agencies, non-Federal and nonprofit entities, re23 gional researchers, and other interested parties to assess 

24 hypoxia 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 effec8 tiveness of the implementation of the agreed upon tribu9 tary strategies and other public policies that pertain to 

10 natural resource protection of the Potomac River water11 shed. 

12 SEC. 5020. LOCK AND DAM SECURITY. 

13 (a) STANDARDS.—The Secretary, in consultation 

14 with the Federal Emergency Management Agency, the 

15 Tennessee Valley Authority, and the Coast Guard, shall 

16 develop standards for the security of locks and dams, in17 cluding the testing and certification of vessel exclusion 

18 barriers. 

19 (b) SITE SURVEYS.—At the request of a lock or dam 

20 owner, the Secretary shall provide technical assistance, on 

21 a reimbursible basis, to improve lock or dam security. 

22 (c) COOPERATIVE AGREEMENT.—The Secretary may 

23 enter into a cooperative agreement with a nonprofit alli24 ance of public and private organizations that has the mis25 sion of promoting safe waterways and seaports to carry 
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1 out testing and certification activities, and to perform site 

2 surveys, under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $3,000,000 to carry out this 

5 section. 

6 SEC. 5021. TALLAPOOSA, ALABAMA. 

7 The Secretary may provide technical assistance relat8 ing to water supply to the Middle Tallapoosa Water Sup9 ply District, Alabama. There is authorized to be appro10 priated $5,000,000 to carry out this section. 

11 SEC. 5022. ALASKA. 

12 Section 570 of the Water Resources Development Act 

13 of 1999 (113 Stat. 369) is amended— 

14 (1) in subsection (c) by inserting ‘‘environ15 mental restoration,’’ after ‘‘water supply and related 

16 facilities,’’; 

17 (2) in subsection (e)(3)(B) by striking the last 

18 sentence; 

19 (3) in subsection (h) by striking ‘‘$25,000,000’’ 

20 and inserting ‘‘$45,000,000’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec23 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

24 1962d–5b(b)), for any project undertaken under this sec-
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1 tion, a non-Federal interest may include a nonprofit enti2 ty, with the consent of the affected local government. 

3 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

4 of the amounts appropriated to carry out this section may 

5 be used by the Corps of Engineers district offices to ad6 minister projects under this section at 100 percent Fed7 eral expense.’’. 

8 SEC. 5023. FORT YUKON, ALASKA. 

9 The Secretary shall make repairs to the dike at Fort 

10 Yukon, Alaska, so that the dike meets Corps of Engineers 

11 standards. 

12 SEC. 5024. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

13 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

14 Secretary shall assume responsibility for the long-term 

15 maintenance and repair of the Lowell Creek Tunnel. 

16 (b) STUDY.—The Secretary shall conduct a study to 

17 determine whether alternative methods of flood diversion 

18 in Lowell Canyon are feasible. 

19 SEC. 5025. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

20 ALASKA. 

21 The Secretary shall carry out, on an emergency basis, 

22 necessary removal of rubble, sediment, and rock impeding 

23 the entrance to the St. Herman and St. Paul Harbors, 

24 Kodiak, Alaska, at a Federal cost of $2,000,000. 
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1 SEC. 5026. VALDEZ, ALASKA. 

2 The Secretary is authorized to construct a small boat 

3 harbor in Valdez, Alaska, at a total cost of $20,000,000, 

4 with an estimated Federal cost of $10,500,000 and an es5 timated non-Federal cost of $9,500,000. 

6 SEC. 5027. WRANGELL HARBOR, ALASKA. 

7 (a) GENERAL NAVIGATION FEATURES.—In carrying 

8 out the project for navigation, Wrangell Harbor, Alaska, 

9 authorized by section 101(b)(1) of the Water Resources 

10 Development Act of 1999 (113 Stat. 279), the Secretary 

11 shall consider the dredging of the mooring basin and con12 struction of the inner harbor facilities to be general navi13 gation features for purposes of estimating the non-Federal 

14 share of project costs. 

15 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

16 Secretary shall revise the partnership agreement for the 

17 project to reflect the change required by subsection (a). 

18 SEC. 5028. AUGUSTA AND CLARENDON, ARKANSAS. 

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

20 perform operation, maintenance, and rehabilitation of au21 thorized and completed levees on the White River between 

22 Augusta and Clarendon, Arkansas. 

23 (b) REIMBURSEMENT.—After performing the oper24 ation, maintenance, and rehabilitation under subsection 

25 (a), the Secretary shall seek reimbursement from the Sec26 retary of the Interior of an amount equal to the costs allo-
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1 cated to benefits to a Federal wildlife refuge of such oper2 ation, maintenance, and rehabilitation. 

3 SEC. 5029. DES ARC LEVEE PROTECTION, ARKANSAS. 

4 The Secretary shall review the project for flood con5 trol, Des Arc, Arkansas, to determine whether bank and 

6 channel scour along the White River threaten the existing 

7 project and whether the scour is as a result of a design 

8 deficiency. If the Secretary determines that such condi9 tions exist as a result of a deficiency, the Secretary shall 

10 carry out measures to eliminate the deficiency. 

11 SEC. 5030. HELENA AND VICINITY, ARKANSAS. 

12 The Secretary shall accept as fulfilling the non-Fed13 eral cost-sharing responsibilities for the project for flood 

14 control, Helena and Vicinity, Arkansas, authorized by sec15 tion 401 of the Water Resources Development Act of 1986 

16 (100 Stat. 4112), the non-Federal cash contribution of 

17 $568,000 and the lands, easements, rights-of-way, reloca18 tions, and dredged material disposal areas provided by the 

19 non-Federal sponsor as of September 1, 2003, and the 

20 Secretary shall not seek to recover any reimbursement 

21 from the non-Federal sponsor related to advanced pay22 ments to, or work performed for, the non-Federal sponsor 

23 under the authority of sections 103 and 104 of the Water 

24 Resources Development Act of 1986 (33 U.S.C. 2213, 

25 2214). 
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1 SEC. 5031. LOOMIS LANDING, ARKANSAS. 

2 The Secretary shall conduct a study of shore damage 

3 in the vicinity of Loomis Landing, Arkansas, to determine 

4 if the damage is the result of a Federal navigation project, 

5 and, if the Secretary determines that the damage is the 

6 result of a Federal navigation project, the Secretary shall 

7 carry out a project to mitigate the damage under section 

8 111 of the River and Harbor Act of 1968 (33 U.S.C. 

9 426i). 

10 SEC. 5032. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS11 SOURI. 

12 The Secretary shall conduct a study of increased sil13 tation and streambank erosion in the St. Francis River 

14 basin, Arkansas and Missouri, to determine if the siltation 

15 or erosion, or both, are the result of a Federal flood con16 trol project and, if the Secretary determines that the silta17 tion or erosion, or both, are the result of a Federal flood 

18 control project, the Secretary shall carry out a project to 

19 mitigate the siltation or erosion, or both. 

20 SEC. 5033. WHITE RIVER BASIN, ARKANSAS. 

21 (a) MINIMUM FLOWS.— 

22 (1) IN GENERAL.—In carrying out section 304 

23 of the Water Resources Development Act of 2000 

24 (114 Stat. 2601), the Secretary shall implement al25 ternatives BS–3 and NF–7, as described in the 
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1 White River Minimum Flows Reallocation Study Re2 port, Arkansas and Missouri, dated July 2004. 

3 (2) COST SHARING.—Reallocation of storage 

4 and installation of facilities under this subsection 

5 shall be considered fish and wildlife enhancement 

6 that provides national benefits and shall be a Fed7 eral expense in accordance with section 906(e)(1) of 

8 the Water Resources Development Act of 1986 (33 

9 U.S.C. 2283(e)(1)). 

10 (3) OFFSET.—In carrying out this subsection, 

11 losses to hydropower shall be offset by a reduction, 

12 not to exceed $17,000,000, in the costs allocated to 

13 hydropower, as determined by the present value of 

14 the estimated replacement cost of the electrical en15 ergy and capacity at the time of the implementation. 

16 (b) FISH HATCHERY.—In operating the fish hatchery 

17 at Beaver Lake, Arkansas, authorized by section 105 of 

18 the Water Resources Development Act of 1976 (90 Stat. 

19 2921), losses to hydropower shall be offset by a reduction, 

20 not to exceed $2,200,000, in the costs allocated to hydro21 power, as determined by the present value of the estimated 

22 replacement cost of the electrical energy and capacity at 

23 the time of the implementation. 

24 (c) REPEAL.—Section 374 of the Water Resources 

25 Development Act of 1999 (113 Stat. 321) is repealed. 
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1 SEC. 5034. CAMBRIA, CALIFORNIA. 

2 Section 219(f)(48) of the Water Resources Develop3 ment Act of 1992 (114 Stat. 2763A–220) is amended— 

4 (1) by striking ‘‘$10,300,000’’ and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—$10,300,000’’; 

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

8 ‘‘(B) CREDIT.—The Secretary shall credit 

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

10 project not to exceed $3,000,000 for the cost of 

11 planning and design work carried out by the 

12 non-Federal interest before the date of the 

13 partnership agreement for the project if the 

14 Secretary determines that the work is integral 

15 to the project.’’; and 

16 (3) by aligning the remainder of the text of 

17 subparagraph (A) (as designated by paragraph (1) 

18 of this section) with subparagraph (B) (as added by 

19 paragraph (2) of this section). 

20 SEC. 5035. CONTRA COSTA CANAL, OAKLEY AND 

21 KNIGHTSEN, CALIFORNIA; MALLARD 

22 SLOUGH, PITTSBURG, CALIFORNIA. 

23 Sections 512 and 514 of the Water Resources Devel24 opment Act of 2000 (114 Stat. 2650) are each amended 

25 by adding at the end the following: ‘‘All planning, study, 

26 design, and construction on the project shall be carried 
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1 out by the office of the district engineer, San Francisco, 

2 California.’’. 

3 SEC. 5036. DANA POINT HARBOR, CALIFORNIA. 

4 The Secretary shall conduct a study of the causes of 

5 water quality degradation within Dana Point Harbor, 

6 California, to determine if the degradation is the result 

7 of a Federal navigation project, and, if the Secretary de8 termines that the degradation is the result of a Federal 

9 navigation project, the Secretary shall carry out a project 

10 to mitigate the degradation at Federal expense. 

11 SEC. 5037. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

12 Section 219(f)(22) of the Water Resources Develop13 ment Act of 1992 (113 Stat. 336) is amended— 

14 (1) by striking ‘‘$25,000,000’’ and inserting the 

15 following: 

16 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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

18 ‘‘(B) CREDIT.—The Secretary shall credit 

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

20 project (i) the cost of design and construction 

21 work carried out by the non-Federal interest 

22 before the date of the partnership agreement 

23 for the project if the Secretary determines that 

24 the work is integral to the project; and (ii) the 
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1 cost of provided for the project by the non-Fed2 eral interest. 

3 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non4 Federal interest may provide any portion of the 

5 non-Federal share of the cost of the project in 

6 the form of in-kind services and materials.’’; 

7 and 

8 (3) by aligning the remainder of the text of 

9 subparagraph (A) (as designated by paragraph (1) 

10 of this section) with subparagraph (B) (as added by 

11 paragraph (2) of this section). 

12 SEC. 5038. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 

13 (a) IN GENERAL.—The Secretary shall review the 

14 Kings River Fisheries Management Program Framework 

15 Agreement, dated May 29, 1999, among the California 

16 Department of Fish and Game, the Kings River Water 

17 Association, and the Kings River Conservation District 

18 and, if the Secretary determines that the management 

19 program is feasible, the Secretary may participate in the 

20 management program. 

21 (b) PROHIBITION.—Nothing in this section author22 izes any project for the raising of, or the construction of, 

23 a multilevel intake structure at Pine Flat Dam, California. 

24 (c) USE OF EXISTING STUDIES.—In carrying out this 

25 section, the Secretary shall use, to the maximum extent 
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1 practicable, studies in existence on the date of enactment 

2 of this Act, including data and environmental documenta3 tion in the Report of the Chief of Engineers, Pine Flat 

4 Dam and Reservoir, Fresno County, California, dated July 

5 19, 2002. 

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

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

8 planning, design, and construction work carried out by the 

9 non-Federal interest before the date of the partnership 

10 agreement for the project if the Secretary determines that 

11 the work is integral to the project. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to $20,000,000 to carry out 

14 this section. 

15 SEC. 5039. SACRAMENTO DEEP WATER SHIP CHANNEL, 

16 CALIFORNIA. 

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

18 transfer title to the Bascule Bridge, deauthorized by sec19 tion 347(a)(2) of the Water Resources Development Act 

20 of 2000 (114. Stat. 2618), to the city of West Sacramento, 

21 California, subject to the execution of an agreement by 

22 the Secretary and the city which specifies the terms and 

23 conditions for such transfer. The terms and conditions of 

24 the transfer shall include a provision authorizing the Sec-
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1 retary to participate in the construction of a replacement 

2 bridge following the removal of the Bascule Bridge. 

3 (b) AUTHORIZATION OF APPROPRIATION.—There is 

4 authorized to be appropriated $5,000,000 for the Sec5 retary to participate in the construction of a replacement 

6 bridge under this section. 

7 SEC. 5040. SAN FRANCISCO, CALIFORNIA. 

8 (a) IN GENERAL.—The Secretary, in cooperation 

9 with the Port of San Francisco, California, may carry out 

10 the project for repair and removal, as appropriate, of Piers 

11 35, 36, and 80 in San Francisco, California, substantially 

12 in accordance with the Port’s redevelopment plan. 

13 (b) AUTHORIZATION OF APPROPRIATION.—There is 

14 authorized to be appropriated $20,000,000 to carry out 

15 this subsection. 

16 SEC. 5041. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

17 AREA. 

18 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB19 LIC INTEREST.—Unless the Secretary finds, after con20 sultation with local and regional public officials (including 

21 local and regional public planning organizations), that the 

22 proposed projects to be undertaken within the boundaries 

23 of the portion of the San Francisco, California, waterfront 

24 area described in subsection (b) are not in the public inter-
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1 est, such portion is declared to be nonnavigable waters of 

2 the United States. 

3 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

4 STREET.—The portion of the San Francisco, California, 

5 waterfront area referred to in subsection (a) is as follows: 

6 Beginning at the intersection of the northeasterly prolon7 gation of that portion of the northwesterly line of Bryant 

8 Street lying between Beale Street and Main Street with 

9 the southwesterly line of Spear Street, which intersection 

10 lies on the line of jurisdiction of the San Francisco Port 

11 Commission; following thence southerly along said line of 

12 jurisdiction as described in the State of California Harbor 

13 and Navigation Code Section 1770, as amended in 1961, 

14 to its intersection with the easterly line of Townsend 

15 Street along a line that is parallel and distant 10 feet dis16 tant from the existing southern boundary of Pier 40 pro17 duced to its point of intersection with the United States 

18 Government pier-head line; thence northerly along said 

19 pier-head line to its intersection with a line parallel with, 

20 and distant 10 feet easterly from, the existing easterly 

21 boundary line of Pier 30–32; thence northerly along said 

22 parallel line and its northerly prolongation, to a point of 

23 intersection with a line parallel with, and distant 10 feet 

24 northerly from, the existing northerly boundary of Pier 

25 30–32, thence westerly along last said parallel line to its 
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1 intersection with the United States Government pier-head 

2 line; to the northwesterly line of Bryant Street produced 

3 northwesterly; thence southwesterly along said northwest4 erly line of Bryant Street produced to the point of begin5 ning. 

6 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

7 declaration of nonnavigability under subsection (a) applies 

8 only to those parts of the area described in subsection (b) 

9 that are or will be bulkheaded, filled, or otherwise occupied 

10 by permanent structures and does not affect the applica11 bility of any Federal statute or regulation applicable to 

12 such parts the day before the date of enactment of this 

13 Act, including sections 9 and 10 of the Act of March 3, 

14 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly 

15 known as the Rivers and Harbors Appropriation Act of 

16 1899, section 404 of the Federal Water Pollution Control 

17 Act (33 U.S.C. 1344), and the National Environmental 

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

19 (d) EXPIRATION DATE.—If, 20 years from the date 

20 of enactment of this Act, any area or part thereof de21 scribed in subsection (b) is not bulkheaded or filled or oc22 cupied by permanent structures, including marina facili23 ties, in accordance with the requirements set out in sub24 section (c), or if work in connection with any activity per25 mitted in subsection (c) is not commenced within 5 years 
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1 after issuance of such permits, then the declaration of 

2 nonnavigability for such area or part thereof shall expire. 

3 SEC. 5042. SANTA VENETIA, CALIFORNIA. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 project for flood damage reduction under section 205 of 

6 the Flood Control Act of 1958 (33 U.S.C. 701s), Santa 

7 Venetia, California, if the Secretary determines that the 

8 project is feasible. 

9 (b) PROJECT FINANCING.—In carrying out the 

10 project under this section, the Secretary shall allow the 

11 non-Federal interests to participate in the financing of the 

12 project in accordance with section 903(c) of the Water Re13 sources Development Act of 1986 (100 Stat. 4184), to the 

14 extent that the Secretary’s evaluation indicates that apply15 ing such section is necessary to implement the project. 

16 SEC. 5043. STOCKTON, CALIFORNIA. 

17 (a) REEVALUATION.—The Secretary shall reevaluate 

18 the feasibility of the Lower Mosher Slough element and 

19 the levee extensions on the Upper Calaveras River element 

20 of the project for flood control, Stockton Metropolitan 

21 Area, California, carried out under section 211(f)(3) of the 

22 Water Resources Development Act of 1996 (110 Stat. 

23 3683), to determine the eligibility of such elements for re24 imbursement under section 211 of such Act (33 U.S.C. 

25 701b–13). 
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1 (b) SPECIAL RULES FOR REEVALUATION.—In con2 ducting the reevaluation under subsection (a), the Sec3 retary shall not reject a feasibility determination based on 

4 one or more of the policies of the Corps of Engineers con5 cerning the frequency of flooding, the drainage area, and 

6 the amount of runoff. 

7 (c) REIMBURSEMENT.—If the Secretary determines 

8 that the elements referred to subsection (a) are feasible, 

9 the Secretary shall reimburse, subject to appropriations, 

10 the non-Federal interest under section 211 of the Water 

11 Resources Development Act of 1996 for the Federal share 

12 of the cost of such elements. 

13 SEC. 5044. VICTOR V. VEYSEY DAM, CALIFORNIA. 

14 (a) DESIGNATION.—The Prado Dam, authorized by 

15 the Flood Control Act of 1936 (49 Stat. 1570), shall be 

16 known and designated as the ‘‘Victor V. Veysey Dam’’. 

17 (b) REFERENCES.—Any reference in a law, map, reg18 ulation, 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. 5045. CHARLES HERVEY TOWNSHEND BREAKWATER, 

22 NEW HAVEN HARBOR, CONNECTICUT. 

23 (a) DESIGNATION.—The western breakwater for the 

24 project for navigation, New Haven Harbor, Connecticut, 

25 authorized by the first section of the Act of September 
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1 19, 1890 (26 Stat. 426), shall be known and designated 

2 as the ‘‘Charles Hervey Townshend Breakwater’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the breakwater referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Charles Hervey 

7 Townshend Breakwater’’. 

8 SEC. 5046. CHRISTINA RIVER SHIPWRECK, DELAWARE. 

9 The Secretary may carry out the removal of the de10 bris associated with the steamship ‘‘STATE OF PENN11 SYLVANIA’’ and other derelict vessels from the Christina 

12 River, Delaware, under section 202 of the Water Re13 sources Development Act of 1976 (90 Stat. 2945). 

14 SEC. 5047. FLORIDA KEYS WATER QUALITY IMPROVE15 MENTS. 

16 Section 109(e)(2) of division B of the Miscellaneous 

17 Appropriations Act, 2001 (enacted into law by Public Law 

18 106–554) (114 Stat. 2763A–222) is amended by adding 

19 at the end the following: 

20 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU21 TION OF THE PARTNERSHIP AGREEMENT.—The 

22 Secretary shall credit toward the non-Federal 

23 share of the cost of the project (i) the cost of 

24 construction work carried out by the non-Fed25 eral interest before the date of the partnership 
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1 agreement for the project if the Secretary de2 termines that the work is integral to the 

3 project; and (ii) the cost of land acquisition car4 ried out by the non-Federal interest for projects 

5 to be carried out under this section.’’. 

6 SEC. 5048. LAKE WORTH, FLORIDA. 

7 The Secretary may carry out necessary repairs for 

8 the Lake Worth bulkhead replacement project, West Palm 

9 Beach, Florida, at an estimated total cost of $9,000,000. 

10 SEC. 5049. LAKE LANIER, GEORGIA. 

11 The Secretary may assist local interests with plan12 ning, design, and construction of facilities at the Lake La13 nier Olympic Center, Georgia, at a total cost of 

14 $5,300,000. 

15 SEC. 5050. RILEY CREEK RECREATION AREA, IDAHO. 

16 The Secretary is authorized to carry out the Riley 

17 Creek Recreation Area Operation Plan of the Albeni Falls 

18 Management Plan, dated October 2001, for the Riley 

19 Creek Recreation Area, Albeni Falls Dam, Bonner Coun20 ty, Idaho. 

21 SEC. 5051. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC22 TION PROJECTS. 

23 (a) IN GENERAL.—The Secretary may participate in 

24 the reconstruction of an eligible flood control project if the 

25 Secretary determines that such reconstruction is not re-
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1 quired as a result of improper operation and maintenance 

2 of the project by the non-Federal interest. 

3 (b) COST SHARING.—The non-Federal share of the 

4 costs for the reconstruction of a flood control project au5 thorized by this section shall be the same non-Federal 

6 share that was applicable to construction of the project. 

7 The non-Federal interest shall be responsible for operation 

8 and maintenance and repair of a project for which recon9 struction is undertaken under this section. 

10 (c) RECONSTRUCTION DEFINED.—In this section, 

11 the term ‘‘reconstruction’’, as used with respect to a 

12 project, means addressing major project deficiencies 

13 caused by long-term degradation of the foundation, con14 struction materials, or engineering systems or components 

15 of the project, the results of which render the project at 

16 risk of not performing in compliance with its authorized 

17 project purposes. In addressing such deficiencies, the Sec18 retary may incorporate current design standards and effi19 ciency improvements, including the replacement of obso20 lete mechanical and electrical components at pumping sta21 tions, if such incorporation does not significantly change 

22 the scope, function, and purpose of the project as author23 ized. 
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1 (d) ELIGIBLE PROJECTS.—The following flood con2 trol projects are eligible for reconstruction under this sec3 tion: 

4 (1) Clear Creek Drainage and Levee District, 

5 Illinois. 

6 (2) Fort Chartres and Ivy Landing Drainage 

7 District, Illinois. 

8 (3) Wood River Drainage and Levee District, 

9 Illinois. 

10 (4) Cairo, Illinois Mainline Levee, Cairo, Illi11 nois. 

12 (5) Goose Pond Pump Station, Cairo, Illinois. 

13 (6) Cottonwood Slough Pump Station, Alex14 ander County, Illinois. 

15 (7) 10th and 28th Street Pump Stations, Cairo, 

16 Illinois. 

17 (8) Flood control levee projects in Brookport, 

18 Shawneetown, Old Shawneetown, Golconda, 

19 Rosiclare, Harrisburg, and Reevesville, Illinois. 

20 (e) JUSTIFICATION.—The reconstruction of a project 

21 authorized by this section shall not be considered a sepa22 rable element of the project. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated— 
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1 (1) $15,000,000 to carry out the projects de2 scribed in paragraphs (1) through (7) of subsection 

3 (d); and 

4 (2) $15,000,000 to carry out the projects de5 scribed in subsection (d)(8). 

6 Such sums shall remain available until expended. 

7 SEC. 5052. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA8 TION. 

9 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec10 tion, the term ‘‘Kaskaskia River basin’’ means the 

11 Kaskaskia River, Illinois, its backwaters, its side channels, 

12 and all tributaries, including their watersheds, draining 

13 into the Kaskaskia River. 

14 (b) COMPREHENSIVE PLAN.— 

15 (1) DEVELOPMENT.—The Secretary shall de16 velop, as expeditiously as practicable, a comprehen17 sive plan for the purpose of restoring, preserving, 

18 and protecting the Kaskaskia River basin. 

19 (2) TECHNOLOGIES AND INNOVATIVE AP20 PROACHES.—The comprehensive plan shall provide 

21 for the development of new technologies and innova22 tive approaches— 

23 (A) to enhance the Kaskaskia River as a 

24 transportation corridor; 
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1 (B) to improve water quality within the en2 tire Kaskaskia River basin; 

3 (C) to restore, enhance, and preserve habi4 tat for plants and wildlife; 

5 (D) to increase economic opportunity for 

6 agriculture and business communities; and 

7 (E) to reduce the impacts of flooding to 

8 communities and landowners. 

9 (3) SPECIFIC COMPONENTS.—The comprehen10 sive plan shall include such features as are necessary 

11 to provide for— 

12 (A) the development and implementation of 

13 a program for sediment removal technology, 

14 sediment characterization, sediment transport, 

15 and beneficial uses of sediment; 

16 (B) the development and implementation 

17 of a program for the planning, conservation, 

18 evaluation, and construction of measures for 

19 fish and wildlife habitat conservation and reha20 bilitation, and stabilization and enhancement of 

21 land and water resources in the basin; 

22 (C) the development and implementation of 

23 a long-term resource monitoring program; 
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1 (D) the development and implementation 

2 of a computerized inventory and analysis sys3 tem; and 

4 (E) the development and implementation 

5 of a systemic plan to reduce flood impacts by 

6 means of ecosystem restoration projects. 

7 (4) CONSULTATION.—The comprehensive plan 

8 shall be developed by the Secretary in consultation 

9 with appropriate Federal agencies, the State of Illi10 nois, and the Kaskaskia River Coordinating Council. 

11 (5) REPORT TO CONGRESS.—Not later than 2 

12 years after the date of enactment of this Act, the 

13 Secretary shall transmit to Congress a report con14 taining the comprehensive plan. 

15 (6) ADDITIONAL STUDIES AND ANALYSES.— 

16 After transmission of a report under paragraph (5), 

17 the Secretary shall conduct studies and analyses of 

18 projects related to the comprehensive plan that are 

19 appropriate and consistent with this subsection. 

20 (c) GENERAL PROVISIONS.— 

21 (1) WATER QUALITY.—In carrying out activi22 ties under this section, the Secretary’s recommenda23 tions shall be consistent with applicable State water 

24 quality standards. 
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1 (2) PUBLIC PARTICIPATION.—In developing the 

2 comprehensive plan under subsection (b), the Sec3 retary shall implement procedures to facilitate public 

4 participation, including providing advance notice of 

5 meetings, providing adequate opportunity for public 

6 input and comment, maintaining appropriate 

7 records, and making a record of the proceedings of 

8 meetings available for public inspection. 

9 (d) COORDINATION.—The Secretary shall integrate 

10 activities carried out under this section with ongoing Fed11 eral and State programs, projects, and activities, including 

12 the following: 

13 (1) Farm programs of the Department of Agri14 culture. 

15 (2) Conservation Reserve Enhancement Pro16 gram (State of Illinois) and Conservation 2000 Eco17 system Program of the Illinois Department of Nat18 ural Resources. 

19 (3) Conservation 2000 Conservation Practices 

20 Program and the Livestock Management Facilities 

21 Act administered by the Illinois Department of Agri22 culture. 

23 (4) National Buffer Initiative of the Natural 

24 Resources Conservation Service. 
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1 (5) Nonpoint source grant program adminis2 tered by the Illinois Environmental Protection Agen3 cy. 

4 (e) COST SHARING.— 

5 (1) IN GENERAL.—The non-Federal share of 

6 the cost of activities carried out under this section 

7 shall be 35 percent. 

8 (2) IN-KIND SERVICES.—The Secretary may 

9 credit the cost of in-kind services provided by the 

10 non-Federal interest for an activity carried out 

11 under this section toward not more than 80 percent 

12 of the non-Federal share of the cost of the activity. 

13 In-kind services shall include all State funds ex14 pended on programs that accomplish the goals of 

15 this section, as determined by the Secretary. The 

16 programs may include the Kaskaskia River Con17 servation Reserve Program, the Illinois Conservation 

18 2000 Program, the Open Lands Trust Fund, and 

19 other appropriate programs carried out in the 

20 Kaskaskia River basin. 

21 SEC. 5053. FLOODPLAIN MAPPING, LITTLE CALUMET 

22 RIVER, CHICAGO, ILLINOIS. 

23 (a) IN GENERAL.—The Secretary shall provide as24 sistance for a project to develop maps identifying 100- and 
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1 500-year flood inundation areas along the Little Calumet 

2 River, Chicago, Illinois. 

3 (b) REQUIREMENTS.—Maps developed under the 

4 project shall include hydrologic and hydraulic information 

5 and shall accurately show the flood inundation of each 

6 property by flood risk in the floodplain. The maps shall 

7 be produced in a high resolution format and shall be made 

8 available to all flood prone areas along the Little Calumet 

9 River, Chicago, Illinois, in an electronic format. 

10 (c) PARTICIPATION OF FEMA.—The Secretary and 

11 the non-Federal interests for the project shall work with 

12 the Director of the Federal Emergency Management 

13 Agency to ensure the validity of the maps developed under 

14 the project for flood insurance purposes. 

15 (d) FORMS OF ASSISTANCE.—In carrying out the 

16 project, the Secretary may enter into contracts or coopera17 tive agreements with the non-Federal interests or provide 

18 reimbursements of project costs. 

19 (e) FEDERAL SHARE.—The Federal share of the cost 

20 of the project shall be 50 percent. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $2,000,000. 
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1 SEC. 5054. NATALIE CREEK, MIDLOTHIAN AND OAK FOR2 EST, ILLINOIS. 

3 The Secretary shall carry out a project for flood dam4 age reduction under section 205 of the Flood Control Act 

5 of 1948 (33 U.S.C. 701s), Natalie Creek, Midlothian and 

6 Oak Forest, Illinois, if the Secretary determines that the 

7 project is feasible. 

8 SEC. 5055. ILLINOIS RIVER BASIN RESTORATION. 

9 (a) EXTENSION OF AUTHORIZATION.—Section 

10 519(c)(2) of the Water Resources Development Act of 

11 2000 (114 Stat. 2654) is amended by striking ‘‘2004’’ and 

12 inserting ‘‘2010’’. 

13 (b) IN-KIND SERVICES.—Section 519(g)(3) of such 

14 Act (114 Stat. 2655) is amended by inserting before the 

15 period at the end of the first sentence ‘‘if such services 

16 are provided not more than 5 years before the date of initi17 ation of the project or activity’’. 

18 (c) NONPROFIT ENTITIES AND MONITORING.—Sec19 tion 519 of such Act (114 Stat. 2654) is amended by add20 ing at the end the following: 

21 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec22 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

23 1962d–5b(b)), a non-Federal interest may include a non24 profit entity with the consent of the affected local govern25 ment. 
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1 ‘‘(i) MONITORING.—The Secretary shall develop an 

2 Illinois river basin monitoring program to support the plan 

3 referred to in subsection (b). Data collected under the 

4 monitoring program shall incorporate data provided by the 

5 State of Illinois and shall be publicly accessible through 

6 electronic means.’’. 

7 SEC. 5056. PROMONTORY POINT, LAKE MICHIGAN, ILLI8 NOIS. 

9 In carrying out the project for storm damage reduc10 tion and shoreline erosion protection, Lake Michigan, au11 thorized by section 101(a)(12) of the Water Resources De12 velopment Act of 1996 (110 Stat. 3664), the Secretary 

13 shall reevaluate the feasibility of reconstructing the Prom14 ontory Point section consistent with the original limestone 

15 step design. 

16 SEC. 5057. BURNS WATERWAY HARBOR, INDIANA. 

17 The Secretary shall conduct a study of shoaling in 

18 the vicinity of Burns Waterway Harbor, Indiana, to deter19 mine if the shoaling is the result of a Federal navigation 

20 project, and, if the Secretary determines that the shoaling 

21 is the result of a Federal navigation project, the Secretary 

22 shall carry out a project to mitigate the shoaling under 

23 section 111 of the River and Harbor Act of 1968 (33 

24 U.S.C. 426). 
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1 SEC. 5058. CALUMET REGION, INDIANA. 

2 Section 219(f)(12) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 335) is amended— 

4 (1) by striking ‘‘$10,000,000’’ and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—$10,000,000’’; 

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

8 ‘‘(B) CREDIT.—The Secretary shall credit 

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

10 project the cost of planning and design work 

11 carried out by the non-Federal interest before, 

12 on, or after the date of the partnership agree13 ment for the project if the Secretary determines 

14 that the work is integral to the project.’’; and 

15 (3) by aligning the remainder of the text of 

16 subparagraph (A) (as designated by paragraph (1) 

17 of this section) with subparagraph (B) (as added by 

18 paragraph (2) of this section). 

19 SEC. 5059. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA. 

20 (a) IN GENERAL.—The Secretary shall provide as21 sistance for a project to develop maps identifying 100- and 

22 500-year flood inundation areas in the State of Iowa, 

23 along the Missouri River. 

24 (b) REQUIREMENTS.—Maps developed under the 

25 project shall include hydrologic and hydraulic information 

26 and shall accurately portray the flood hazard areas in the 
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1 floodplain. The maps shall be produced in a high resolu2 tion format and shall be made available to the State of 

3 Iowa in an electronic format. 

4 (c) PARTICIPATION OF FEMA.—The Secretary and 

5 the non-Federal interests for the project shall work with 

6 the Director of the Federal Emergency Management 

7 Agency to ensure the validity of the maps developed under 

8 the project for flood insurance purposes. 

9 (d) FORMS OF ASSISTANCE.—In carrying out the 

10 project, the Secretary may enter into contracts or coopera11 tive agreements with the non-Federal interests or provide 

12 reimbursements of project costs. 

13 (e) FEDERAL SHARE.—The Federal share of the cost 

14 of the project shall be 50 percent. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $3,000,000. 

18 SEC. 5060. RATHBUN LAKE, IOWA. 

19 (a) CONVEYANCE.—The Secretary shall convey the 

20 remaining water supply storage allocation in Rathbun 

21 Lake, Iowa, to the Rathbun Regional Water Association 

22 (in this section referred to as the ‘‘Water Association’’). 

23 (b) COST SHARING.—Notwithstanding the Water 

24 Supply Act of 1958 (43 U.S.C. 390b), the Water Associa25 tion shall pay 100 percent of the cost of the water supply 
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1 storage allocation to be conveyed under subsection (a). 

2 The Secretary shall credit toward such non-Federal share 

3 the cost of any structures and facilities constructed by the 

4 Water Association at the project. 

5 (c) TERMS AND CONDITIONS.—Before conveying the 

6 water supply storage allocation under subsection (a), the 

7 Secretary shall enter into an agreement with the Water 

8 Association, under which the Water Association shall 

9 agree to— 

10 (1) in accordance with designs approved by the 

11 Chief of Engineers, construct structures and facili12 ties referred to in subsection (b) that have a value 

13 equal to or greater than the amount that otherwise 

14 would be paid to the Federal Government for the 

15 costs of the water supply storage under the Water 

16 Supply Act of 1958 (43 U.S.C. 390b); 

17 (2) be responsible for operating and maintain18 ing the structures and facilities; 

19 (3) pay all operation and maintenance costs al20 located to the water supply storage space; 

21 (4) use any revenues generated at the struc22 tures and facilities that are above those required to 

23 operate and maintain or improve the complex to un24 dertake, subject to the approval of the Chief of En25 gineers, activities that will improve the quality of the 
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1 environment in the Rathbun Lake watershed area; 

2 and 

3 (5) such other terms and conditions as the Sec4 retary considers necessary to protect the interests of 

5 the United States. 

6 SEC. 5061. CUMBERLAND RIVER BASIN, KENTUCKY. 

7 At reservoirs managed by the Secretary above Cum8 berland River mile 385.5 within the Cumberland River 

9 basin, Kentucky, the Secretary shall charge fees associ10 ated with storage and maintenance of water supply that 

11 do not exceed the fees in effect on October 1, 2002. 

12 SEC. 5062. LOUISVILLE, KENTUCKY. 

13 (a) IN GENERAL.—Section 557 of the Water Re14 sources Development Act of 1999 (113 Stat. 353) is 

15 amended— 

16 (1) in the section heading by inserting ‘‘KEN17 TUCKY AND’’ before ‘‘NORTHERN WEST VIR18 GINIA’’; and 

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

20 ‘‘(4) LOUISVILLE, KENTUCKY.—Report of the 

21 Corps of Engineers entitled ‘Louisville Waterfront 

22 Park, Phase II, Kentucky, Master Plan’, dated July 

23 22, 2002, at a total cost of $32,000,000, with an es24 timated Federal cost of $16,000,000 and an esti25 mated non-Federal cost of $16,000,000.’’. 
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1 (b) CONFORMING AMENDMENT.—In the table of con2 tents contained in section 1(b) of such Act strike the item 

3 relating to section 557 and insert the following: 

‘‘Sec. 557. Kentucky and Northern West Virginia.’’. 

4 SEC. 5063. MAYFIELD CREEK AND TRIBUTARIES, KEN5 TUCKY. 

6 The Secretary shall conduct a study of flood damage 

7 along Mayfield Creek and tributaries between Wickliffe 

8 and Mayfield, Kentucky, to determine if the damage is the 

9 result of a Federal flood damage reduction project, and, 

10 if the Secretary determines that the damage is the result 

11 of a Federal flood damage reduction project, the Secretary 

12 shall carry out a project to mitigate the damage at Federal 

13 expense. 

14 SEC. 5064. NORTH FORK, KENTUCKY RIVER, BREATHITT 

15 COUNTY, KENTUCKY. 

16 The Secretary shall rebuild the structure that is im17 peding high water flows on the North Fork of the Ken18 tucky River in Breathitt County, Kentucky, in a manner 

19 that will reduce flood damages at an estimated total cost 

20 of $1,800,000. The non-Federal interest shall provide 

21 lands, easements, rights-of-way, relocations, and disposal 

22 areas required for the project. Operation and maintenance 

23 of the rebuilt structure shall be a non-Federal expense. 
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1 SEC. 5065. PADUCAH, KENTUCKY. 

2 The Secretary shall complete a feasibility report for 

3 rehabilitation of the project for flood damage reduction, 

4 Paducah, Kentucky, and, if the Secretary determines that 

5 the project is feasible, the Secretary shall carry out the 

6 project at a total cost of $3,000,000. 

7 SEC. 5066. 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) 

10 is 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 ad14 minister projects under this section at 100 percent Fed15 eral expense.’’. 

16 SEC. 5067. WINCHESTER, KENTUCKY. 

17 Section 219(c) of the Water Resources Development 

18 Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is 

19 amended by adding at the end the following: 

20 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 

21 infrastructure, Winchester, Kentucky.’’. 

22 SEC. 5068. BATON ROUGE, LOUISIANA. 

23 Section 219(f)(21) of the Water Resources Develop24 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 

25 is amended by striking ‘‘$20,000,000’’ and inserting 

26 ‘‘$35,000,000’’. 
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1 SEC. 5069. CALCASIEU SHIP CHANNEL, LOUISIANA. 

2 The Secretary shall expedite completion of a dredged 

3 material management plan for the Calcasieu Ship Chan4 nel, Louisiana, and may take interim measures to increase 

5 the capacity of existing disposal areas, or to construct new 

6 confined or beneficial use disposal areas, for the channel. 

7 SEC. 5070. CROSS LAKE, SHREVEPORT, LOUISIANA. 

8 The Secretary may accept from the Department of 

9 the Air Force, and may use, not to exceed $4,500,000 to 

10 assist the city of Shreveport, Louisiana, with its plan to 

11 construct a water intake facility. 

12 SEC. 5071. 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 modifica18 tions, and interpretive center development.’’. 

19 SEC. 5072. 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 reduc24 tion component of the project may include the acquisition 

25 of private property from willing sellers. 
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1 (c) JUSTIFICATION.—Any nonstructural flood dam2 age reduction project to be carried out under this section 

3 that will result in the conversion of property to use for 

4 ecosystem restoration and wildlife habitat shall be justified 

5 based on 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 appro10 priate non-Federal cost share for the project, the Sec11 retary shall determine the ability of Cecil County, Mary12 land, to participate as a cost-sharing non-Federal interest 

13 in accordance with section 103(m) of the Water Resources 

14 Development 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. 5073. 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 

23 Program established under subtitle G of title II of the 

24 Farm Security and Rural Investment Act of 2002 (16 

25 U.S.C. 3801 note; 116 Stat. 275). 
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1 (b) COORDINATION AND INTEGRATION.—In carrying 

2 out water resources projects in Maryland and Delaware 

3 on the Delmarva Peninsula, the Secretary shall coordinate 

4 and integrate those projects, to the maximum extent prac5 ticable, with any activities carried out to implement a con6 servation corridor plan approved by the Secretary of Agri7 culture under section 2602 of the Farm Security and 

8 Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 

9 Stat. 275). 

10 SEC. 5074. MASSACHUSETTS DREDGED MATERIAL DIS11 POSAL SITES. 

12 The Secretary may cooperate with Massachusetts in 

13 the management and long-term monitoring of aquatic 

14 dredged material disposal sites within the State, and is 

15 authorized to accept funds from the State to carry out 

16 such activities. 

17 SEC. 5075. ONTONAGON HARBOR, MICHIGAN. 

18 The Secretary shall conduct a study of shore damage 

19 in the vicinity of the project for navigation, Ontonagon 

20 Harbor, Ontonagon County, Michigan, authorized by sec21 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 

22 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if 

23 the damage is the result of a Federal navigation project, 

24 and, if the Secretary determines that the damage is the 

25 result 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. 

3 426i). 

4 SEC. 5076. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI5 GAN. 

6 (a) ECOSYSTEM RESTORATION.—The Secretary shall 

7 carry out feasible aquatic ecosystem restoration projects 

8 identified in the comprehensive management plan for St. 

9 Clair River and Lake St. Clair, Michigan, developed under 

10 section 426 of the Water Resources Development Act of 

11 1999 (113 Stat. 326), at a total Federal cost of not to 

12 exceed $5,000,000. 

13 (b) PLAN.—Section 426(d) of the Water Resources 

14 Development Act of 1999 (113 Stat. 326) is amended by 

15 striking ‘‘$400,000’’ and inserting ‘‘$475,000’’. 

16 SEC. 5077. CROOKSTON, MINNESOTA. 

17 The Secretary shall conduct a study for a project for 

18 emergency streambank protection along the Red Lake 

19 River in Crookston, Minnesota, and, if the Secretary de20 termines that the project is feasible, the Secretary may 

21 carry out the project under section 14 of the Flood Control 

22 Act of 1946 (33 U.S.C. 701r); except that the maximum 

23 amount of Federal funds that may be expended for the 

24 project shall be $6,500,000. 
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1 SEC. 5078. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

2 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of 

3 the Water Resources Development Act of 1992 (114 Stat. 

4 2763A–221) is amended— 

5 (1) in the paragraph heading by striking 

6 ‘‘TOWNSHIP’’ and inserting ‘‘AND CROW WING AND

7 MILLE LACS COUNTIES’’; 

8 (2) by inserting ‘‘, Crow Wing County, Mille 

9 Lacs County,’’ after ‘‘Garrison’’; and 

10 (3) by adding at the end the following: ‘‘Such 

11 assistance shall be provided directly to the Garrison12 Kathio-West Mille Lacs Lake Sanitary District, 

13 Minnesota.’’. 

14 (b) PROCEDURES.—In carrying out the project au15 thorized by such section 219(f)(61), the Secretary may use 

16 the cost sharing and contracting procedures available to 

17 the Secretary under section 569 of the Water Resources 

18 Development Act of 1999 (113 Stat. 368). 

19 SEC. 5079. MINNEAPOLIS, MINNESOTA. 

20 (a) CONVEYANCE.—The Secretary shall convey to the 

21 city of Minneapolis by quitclaim deed and without consid22 eration all right, title, and interest of the United States 

23 to the property known as the War Department (Fort 

24 Snelling Interceptor) Tunnel in Minneapolis, Minnesota. 
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1 (b) APPLICABILITY OF PROPERTY SCREENING PRO2 VISIONS.—Section 2696 of title 10, United States Code, 

3 shall not apply to the conveyance under this section. 

4 SEC. 5080. NORTHEASTERN MINNESOTA. 

5 (a) IN GENERAL.—Section 569 of the Water Re6 sources Development Act of 1999 (113 Stat. 368) is 

7 amended— 

8 (1) in subsection (a) by striking ‘‘Benton, 

9 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

10 Wadena,’’; 

11 (2) by striking the last sentence of subsection 

12 (e)(3)(B); 

13 (3) by striking subsection (g) and inserting the 

14 following: 

15 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec16 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

17 1962d–5b(b)), for any project undertaken under this sec18 tion, a non-Federal interest may include a nonprofit enti19 ty.’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

22 of the amounts appropriated to carry out this section may 

23 be used by the Corps of Engineers district offices to ad24 minister projects under this section at 100 percent Fed25 eral expense.’’. 
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1 (b) BIWABIK, MINNESOTA.—The Secretary shall re2 imburse the non-Federal interest for the project for envi3 ronmental infrastructure, Biwabik, Minnesota, carried out 

4 under section 569 of the Water Resources Development 

5 Act of 1999 (113 Stat. 368), for planning, design, and 

6 construction costs that were incurred by the non-Federal 

7 interest with respect to the project before the date of the 

8 partnership agreement for the project and that were in 

9 excess of the non-Federal share of the cost of the project 

10 if the Secretary determines that the costs are appropriate. 

11 SEC. 5081. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

12 MISSISSIPPI. 

13 In carrying out projects for the protection, restora14 tion, and creation of aquatic and ecologically related habi15 tats located in Harrison, Hancock, and Jackson Counties, 

16 Mississippi, under section 204 of the Water Resources De17 velopment Act of 1992 (33 U.S.C. 2326), the Secretary 

18 shall accept any portion of the non-Federal share of the 

19 cost of the project in the form of in-kind services and ma20 terials. 

21 SEC. 5082. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS. 

22 As a part of the operation and maintenance of the 

23 project for the Mississippi River (Regulating Works), be24 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

25 authorized by the first section of an Act entitled ‘‘Making 
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1 appropriations for the construction, repair, and preserva2 tion of certain public works on rivers and harbors, and 

3 for other purposes’’, approved June 25, 1910, the Sec4 retary may carry out activities necessary to restore and 

5 protect fish and wildlife habitat in the middle Mississippi 

6 River system. Such activities may include modification of 

7 navigation training structures, modification and creation 

8 of side channels, modification and creation of islands, and 

9 studies and analysis necessary to apply adaptive manage10 ment principles in design of future work. 

11 SEC. 5083. ST. LOUIS, MISSOURI. 

12 Section 219(f)(32) of the Water Resources Develop13 ment Act of 1992 (113 Stat. 337) is amended by striking 

14 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’. 

15 SEC. 5084. ACID BROOK, POMPTON LAKES, NEW JERSEY. 

16 The Secretary shall carry out a project for flood dam17 age reduction under section 205 of the Flood Control Act 

18 of 1948 (33 U.S.C. 701s), Acid Brook, Pompton Lakes, 

19 New Jersey, if the Secretary determines that the project 

20 is feasible. 

21 SEC. 5085. HACKENSACK MEADOWLANDS AREA, NEW JER22 SEY. 

23 Section 324 of the Water Resources Development Act 

24 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended— 

25 (1) in subsection (a)— 
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1 (A) by striking ‘‘design’’ and inserting 

2 ‘‘planning, design,’’; and 

3 (B) by striking ‘‘Hackensack Meadowlands 

4 Development’’ and all that follows through 

5 ‘‘Plan for’’ and inserting ‘‘New Jersey 

6 Meadowlands Commission for the development 

7 of an environmental improvement program for’’; 

8 (2) in subsection (b)— 

9 (A) in the subsection heading by striking 

10 ‘‘REQUIRED’’; 

11 (B) by striking ‘‘shall’’ and inserting 

12 ‘‘may’’; 

13 (C) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) Restoration and acquisitions of significant 

16 wetlands and aquatic habitat that contribute to the 

17 Meadowlands ecosystem.’’; 

18 (D) in paragraph (2) by inserting ‘‘and 

19 aquatic habitat’’ before the period at the end; 

20 and 

21 (E) by striking paragraph (7) and insert22 ing the following: 

23 ‘‘(7) Research, development, and implementa24 tion for a water quality improvement program, in25 cluding restoration of hydrology and tidal flows and 
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1 remediation of hot spots and other sources of con2 taminants that degrade existing or planned sites.’’; 

3 (3) in subsection (c) by inserting before the last 

4 sentence the following: ‘‘The non-Federal sponsor 

5 may also provide in-kind services, not to exceed the 

6 non-Federal share of the total project cost, and may 

7 also receive credit for reasonable cost of design work 

8 completed prior to entering into the partnership 

9 agreement with the Secretary for a project to be car10 ried out under the program developed under sub11 section (a).’’; and 

12 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

13 and inserting ‘‘$35,000,000’’. 

14 SEC. 5086. CENTRAL NEW MEXICO, NEW MEXICO. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 593(h) of the Water Resources Development Act of 1999 

17 (113 Stat. 381) is amended by striking ‘‘$25,000,000’’ 

18 and inserting ‘‘$40,000,000’’. 

19 (b) CORPS OF ENGINEERS EXPENSES.—Section 593 

20 of such Act (113 Stat. 381) is amended by adding at the 

21 end the following: 

22 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

23 of the amounts appropriated to carry out this section may 

24 be used by the Corps of Engineers district offices to ad-
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1 minister projects under this section at 100 percent Fed2 eral expense.’’. 

3 SEC. 5087. ATLANTIC COAST OF NEW YORK. 

4 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

5 the Water Resources Development Act of 1992 (106 Stat. 

6 4863) is amended— 

7 (1) by striking ‘‘processes’’ and inserting ‘‘and 

8 related environmental processes’’; 

9 (2) by inserting after ‘‘Atlantic Coast’’ the fol10 lowing: ‘‘(and associated back bays)’’; 

11 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

12 environmental restoration or conservation measures 

13 for coastal and back bays,’’; and 

14 (4) by adding at the end the following: ‘‘The 

15 plan for collecting data and monitoring information 

16 included in such annual report shall be fully coordi17 nated with and agreed to by appropriate agencies of 

18 the State of New York.’’. 

19 (b) ANNUAL REPORTS.—Section 404(b) of such Act 

20 is amended— 

21 (1) by striking ‘‘INITIAL PLAN.—Not later than 

22 12 months after the date of the enactment of this 

23 Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 
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1 (2) by striking ‘‘initial plan for data collection 

2 and monitoring’’ and inserting ‘‘annual report of 

3 data collection and monitoring activities’’; and 

4 (3) by striking the last sentence. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 404(c) of such Act (113 Stat. 341) is amended by striking 

7 ‘‘and an additional total of $2,500,000 for fiscal years 

8 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 

9 2000 through 2004, and $7,500,000 for fiscal years begin10 ning after September 30, 2004,’’. 

11 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 

12 Water Resource Development Act of 1992 (106 Stat. 

13 4863) is amended by adding at the end the following: 

14 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author15 ized to be appropriated $800,000 for the Secretary to 

16 carry out a project for a tsunami warning system, Atlantic 

17 Coast of New York.’’. 

18 SEC. 5088. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

19 In carrying out section 312 of the Water Resources 

20 Development Act of 1990 (104 Stat. 4639), the Secretary 

21 shall give priority to work in College Point, New York 

22 City, New York. 
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1 SEC. 5089. FLUSHING BAY AND CREEK, NEW YORK CITY, 

2 NEW YORK. 

3 The Secretary shall credit toward the non-Federal 

4 share of the cost of the project for ecosystem restoration, 

5 Flushing Bay and Creek, New York City, New York, the 

6 cost of design and construction work carried out by the 

7 non-Federal interest before the date of the partnership 

8 agreement for the project if the Secretary determines that 

9 the work is integral to the project. 

10 SEC. 5090. HUDSON RIVER, NEW YORK. 

11 The Secretary may participate with the State of New 

12 York, New York City, and the Hudson River Park Trust 

13 in carrying out activities to restore critical marine habitat, 

14 improve safety, and protect and rehabilitate critical infra15 structure. There is authorized to be appropriated 

16 $5,000,000 to carry out this section. 

17 SEC. 5091. MOUNT MORRIS DAM, NEW YORK. 

18 As part of the operation and maintenance of the 

19 Mount Morris Dam, New York, the Secretary may make 

20 improvements to the access road for the dam to provide 

21 safe access to a Federal visitor’s center. 

22 SEC. 5092. ONONDAGA LAKE, NEW YORK. 

23 Section 573 of the Water Resources Development Act 

24 of 1999 (113 Stat. 372) is amended— 

25 (1) in subsection (f) by striking ‘‘$10,000,000’’ 

26 and inserting ‘‘$30,000,000’’; 
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1 (2) by redesignating subsections (f) and (g) as 

2 subsections (g) and (h), respectively; and 

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

5 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec6 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

7 1962d–5b(b)), for any project carried out under this sec8 tion, a non-Federal interest may include a nonprofit enti9 ty, with the consent of the affected local government.’’. 

10 SEC. 5093. JOHN H. KERR DAM AND RESERVOIR, NORTH 

11 CAROLINA. 

12 The Secretary shall expedite the completion of the 

13 calculations necessary to negotiate and execute a revised, 

14 permanent contract for water supply storage at John H. 

15 Kerr Dam and Reservoir, North Carolina, among the Sec16 retary and the Kerr Lake Regional Water System and the 

17 city of Henderson, North Carolina. 

18 SEC. 5094. STANLY COUNTY, NORTH CAROLINA. 

19 Section 219(f)(64) of the Water Resources Develop20 ment Act of 1992 (114 Stat. 2763A–221) is amended by 

21 inserting ‘‘water and’’ before ‘‘wastewater’’. 
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1 SEC. 5095. W. KERR SCOTT DAM AND RESERVOIR, NORTH 

2 CAROLINA. 

3 The Secretary shall remove debris from the joint in4 take at the W. Kerr Scott Dam and Reservoir, North 

5 Carolina. 

6 SEC. 5096. OHIO. 

7 Section 594 of the Water Resources Development Act 

8 of 1999 (113 Stat. 381) is amended— 

9 (1) in subsection (b) by striking ‘‘design and 

10 construction’’ and inserting ‘‘planning, design, and 

11 construction’’; 

12 (2) in subsection (g) by striking ‘‘$60,000,000’’ 

13 and inserting ‘‘$100,000,000’’; and 

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

15 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec16 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

17 1962d–5(b)), for any project undertaken under this sec18 tion, a non-Federal interest may include a nonprofit enti19 ty, with the consent of the affected local government.’’. 

20 SEC. 5097. TOUSSAINT RIVER, OHIO. 

21 (a) IN GENERAL.—The project for navigation, Tous22 saint River, Carroll Township, Ohio, authorized by section 

23 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

24 is modified to authorize the Secretary to enter into an 

25 agreement with the non-Federal interest under which the 

26 Secretary may— 
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1 (1) acquire, and transfer to the non-Federal in2 terest, a dredge and associated equipment with the 

3 capacity to perform operation and maintenance of 

4 the project; and 

5 (2) provide the non-Federal interest with a 

6 lump-sum payment to cover all future costs of oper7 ation and maintenance of the project. 

8 (b) AGREEMENT.—The Secretary may carry out sub9 section (a)(1) by entering into an agreement with the non10 Federal interest under which the non-Federal interest may 

11 acquire the dredge and associated equipment directly and 

12 be reimbursed by the Secretary. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated $1,800,000 to carry out this 

15 section. Of such funds, $500,000 may be used to carry 

16 out subsection (a)(1). 

17 (d) RELEASE.—Upon the acquisition and transfer of 

18 a dredge and associated equipment under subsection 

19 (a)(1), and the payment of funds under subsection (a)(2), 

20 all future Federal responsibility for operation and mainte21 nance of the project is extinguished. 

22 SEC. 5098. EUGENE, OREGON. 

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

24 study to determine the feasibility of restoring the millrace 

25 in Eugene, Oregon, and, if the Secretary determines that 
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1 the restoration is feasible, the Secretary shall carry out 

2 the restoration. 

3 (b) CONSIDERATION OF NONECONOMIC BENEFITS.— 

4 In determining the feasibility of restoring the millrace, the 

5 Secretary shall include noneconomic benefits associated 

6 with the historical significance of the millrace and associ7 ated with preservation and enhancement of resources. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $20,000,000. 

11 SEC. 5099. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR12 EGON AND WASHINGTON. 

13 (a) IN GENERAL.—The Secretary shall pay not more 

14 than $2,500,000 to the provider of research and curation 

15 support previously provided to the Federal Government as 

16 a result of— 

17 (1) the multipurpose project at John Day Lock 

18 and Dam, Lake Umatilla, Oregon and Washington, 

19 authorized by section 101 of the River and Harbor 

20 Act of 1950 (64 Stat. 167); and 

21 (2) the several navigation and flood damage re22 duction projects constructed on the Columbia River 

23 and Lower Willamette River, Oregon and Wash24 ington. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $2,500,000. 

4 SEC. 5100. LOWELL, OREGON. 

5 (a) IN GENERAL.—The Secretary may convey with6 out consideration to Lowell School District, by quitclaim 

7 deed, all right, title, and interest of the United States in 

8 and to land and buildings thereon, known as Tract A– 

9 82, located in Lowell, Oregon, and described in subsection 

10 (b). 

11 (b) DESCRIPTION OF PROPERTY.—The parcel of land 

12 authorized to be conveyed under subsection (a) is as fol13 lows: Commencing at the point of intersection of the west 

14 line of Pioneer Street with the westerly extension of the 

15 north line of Summit Street, in Meadows Addition to Low16 ell, as platted and recorded at page 56 of Volume 4, Lane 

17 County Oregon Plat Records; thence north on the west 

18 line of Pioneer Street a distance of 176.0 feet to the true 

19 point of beginning of this description; thence north on the 

20 west line of Pioneer Street a distance of 170.0 feet; thence 

21 west at right angles to the west line of Pioneer Street a 

22 distance of 250.0 feet; thence south and parallel to the 

23 west line of Pioneer Street a distance of 170.0 feet; thence 

24 east 250.0 feet to the true point of beginning of this de-
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1 scription in Section 14, Township 19 South, Range 1 West 

2 of the Willamette Meridian, Lane County, Oregon. 

3 (c) TERMS AND CONDITIONS.—Before conveying the 

4 parcel to the school district, the Secretary shall ensure 

5 that the conditions of buildings and facilities meet the re6 quirements of applicable Federal law. 

7 (d) REVERSION.—If the Secretary determines that 

8 the property conveyed under subsection (a) ceases to be 

9 held in public ownership, all right, title, and interest in 

10 and to the property shall revert to the United States, at 

11 the option of the United States. 

12 (e) GENERALLY APPLICABLE PROVISIONS.— 

13 (1) APPLICABILITY OF PROPERTY SCREENING

14 PROVISIONS.—Section 2696 of title 10, United 

15 States Code, shall not apply to any conveyance 

16 under this section. 

17 (2) LIABILITY.—An entity to which a convey18 ance is made under this section shall hold the 

19 United States harmless from any liability with re20 spect to activities carried out, on or after the date 

21 of the conveyance, on the real property conveyed. 

22 The United States shall remain responsible for any 

23 liability with respect to activities carried out, before 

24 such date, on the real property conveyed. 
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1 SEC. 5101. ALLEGHENY COUNTY, PENNSYLVANIA. 

2 Section 219(f)(66) of the Water Resources Develop3 ment Act of 1992 (114 Stat. 2763A–221) is amended— 

4 (1) by striking ‘‘$20,000,000’’ and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—$20,000,000’’; 

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

8 ‘‘(B) CREDIT.—The Secretary shall credit 

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

10 project the cost of work carried out by the non11 Federal interest before the date of the partner12 ship agreement for the project if the Secretary 

13 determines that the work is integral to the 

14 project.’’; and 

15 (3) by aligning the remainder of the text of 

16 subparagraph (A) (as designated by paragraph (1) 

17 of this section) with subparagraph (B) (as added by 

18 paragraph (2) of this section). 

19 SEC. 5102. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL20 VANIA. 

21 The Secretary shall use existing water quality data 

22 to model the effects of the Francis E. Walter Dam, at 

23 different water levels, to determine its impact on water 

24 and related resources in and along the Lehigh River in 

25 Lehigh County, Pennsylvania. There is authorized to be 

26 appropriated $500,000 to carry out this section. 
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1 SEC. 5103. NORTHEAST PENNSYLVANIA. 

2 Section 219(f)(11) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 335) is amended by striking 

4 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union, 

5 Snyder, and Montour’’. 

6 SEC. 5104. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL7 VANIA AND NEW YORK. 

8 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 

9 567(a) of the Water Resources Development Act of 1996 

10 (110 Stat. 3787; 114 Stat. 2662) is amended— 

11 (1) in the matter preceding paragraph (1) by 

12 inserting ‘‘and carry out’’ after ‘‘develop’’; and 

13 (2) in paragraph (2) by striking 

14 ‘‘$10,000,000.’’ and inserting ‘‘$20,000,000, of 

15 which the Secretary may utilize not more than 

16 $5,000,000 to design and construct feasible pilot 

17 projects during the development of the strategy to 

18 demonstrate alternative approaches for the strategy. 

19 The total cost for any single pilot project may not 

20 exceed $500,000. The Secretary shall evaluate the 

21 results of the pilot projects and consider the results 

22 in the development of the strategy.’’. 

23 (b) COOPERATIVE AGREEMENTS.—Section 567(c) of 

24 such Act (114 Stat. 2662) is amended— 

25 (1) in the subsection heading by striking ‘‘CO26 OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 
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1 (2) in the first sentence— 

2 (A) by inserting ‘‘and carrying out’’ after 

3 ‘‘developing’’; and 

4 (B) by striking ‘‘cooperation’’ and insert5 ing ‘‘cost-sharing and cooperative’’. 

6 (c) IMPLEMENTATION OF STRATEGY.—Section 

7 567(d) of such Act (114 Stat. 2663) is amended— 

8 (1) by striking ‘‘The Secretary’’ and inserting 

9 the following: 

10 ‘‘(1) IN GENERAL.—The Secretary’’; 

11 (2) in the second sentence of paragraph (1) (as 

12 so designated)— 

13 (A) by striking ‘‘implement’’ and inserting 

14 ‘‘carry out’’; and 

15 (B) by striking ‘‘implementing’’ and insert16 ing ‘‘carrying out’’; 

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

18 ‘‘(2) PRIORITY PROJECT.—In carrying out 

19 projects to implement the strategy, the Secretary 

20 shall give priority to the project for ecosystem res21 toration, Cooperstown, New York, described in the 

22 Upper Susquehanna River Basin—Cooperstown 

23 Area Ecosystem Restoration Feasibility Study, dated 

24 December 2004, prepared by the Corps of Engineers 
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1 and the New York State Department of Environ2 mental Conservation.’’; and 

3 (4) by aligning the remainder of the text of 

4 paragraph (1) (as designated by paragraph (1) of 

5 this subsection) with paragraph (2) (as added by 

6 paragraph (3) of this subsection). 

7 (d) CREDIT.—Section 567 of such Act (110 Stat. 

8 3787; 114 Stat. 2662) is amended by adding at the end 

9 the following: 

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

11 non-Federal share of the cost of a project under this sec12 tion— 

13 ‘‘(1) the cost of design and construction work 

14 carried out by the non-Federal interest before the 

15 date of the partnership agreement for the project if 

16 the Secretary determines that the work is integral to 

17 the project; and 

18 ‘‘(2) the cost of in-kind services and materials 

19 provided for the project by the non-Federal inter20 est.’’. 

21 SEC. 5105. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

22 The Secretary shall review a report prepared by the 

23 non-Federal interest concerning flood protection and envi24 ronmental restoration for Cano Martin Pena, San Juan, 

25 Puerto Rico, and, if the Secretary determines that the re-
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1 port meets the evaluation and design standards of the 

2 Corps of Engineers and that the project is feasible, the 

3 Secretary may carry out the project at a total cost of 

4 $130,000,000, with an estimated Federal cost of 

5 $85,000,000 and an estimated non-Federal cost of 

6 $45,000,000. 

7 SEC. 5106. BEAUFORT AND JASPER COUNTIES, SOUTH 

8 CAROLINA. 

9 The Secretary may accept from the Department of 

10 the Navy, and may use, not to exceed $23,000,000 to as11 sist the Beaufort Jasper Water and Sewage Authority, 

12 South Carolina, with its plan to consolidate civilian and 

13 military wastewater treatment facilities. 

14 SEC. 5107. FRITZ LANDING, TENNESSEE. 

15 The Secretary shall— 

16 (1) conduct a study of the Fritz Landing Agri17 cultural Spur Levee, Tennessee, to determine the ex18 tent of levee modifications that would be required to 

19 make the levee and associated drainage structures 

20 consistent with Federal standards; 

21 (2) design and construct such modifications; 

22 and 

23 (3) after completion of such modifications, in24 corporate the levee into the project for flood control, 

25 Mississippi River and Tributaries, authorized by the 
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1 Act entitled ‘‘An Act for the control of floods on the 

2 Mississippi River and its tributaries, and for other 

3 purposes’’, approved May 15, 1928 (45 Stat. 534– 

4 539), commonly known as the ‘‘Flood Control Act of 

5 1928’’. 

6 SEC. 5108. J. PERCY PRIEST DAM AND RESERVOIR, TEN7 NESSEE. 

8 The Secretary shall plan, design, and construct a trail 

9 system at the J. Percy Priest Dam and Reservoir, Ten10 nessee, authorized by section 4 of the Act entitled ‘‘An 

11 Act authorizing the construction of certain public works 

12 on rivers and harbors for flood control, and for other pur13 poses’’, approved June 28, 1938 (52 Stat. 1217), includ14 ing design and construction of support facilities for public 

15 health and safety associated with trail development. In 

16 carrying out such improvements, the Secretary is author17 ized to use funds made available by the State of Tennessee 

18 from any Federal or State source, or both. 

19 SEC. 5109. TOWN CREEK, LENOIR CITY, TENNESSEE. 

20 The Secretary shall design and construct the project 

21 for flood damage reduction designated as Alternative 4 in 

22 the Town Creek, Lenoir City, Loudon City, Tennessee, 

23 feasibility report of the Nashville district engineer, dated 

24 November 2000, under the authority of section 205 of the 

25 Flood Control Act of 1948 (33 U.S.C. 701s), notwith-
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1 standing section 1 of the Flood Control Act of June 22, 

2 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal 

3 share of the cost of the project shall be subject to section 

4 103(a) of the Water Resources Development Act of 1986 

5 (33 U.S.C. 2213(a)). 

6 SEC. 5110. TENNESSEE RIVER PARTNERSHIP. 

7 (a) IN GENERAL.—As part of the operation and 

8 maintenance of the project for navigation, Tennessee 

9 River, Tennessee, Alabama, Mississippi, and Kentucky, 

10 authorized by the first section of the River and Harbor 

11 Act of July 3, 1930 (46 Stat. 927), the Secretary may 

12 enter into a partnership with a nonprofit entity to remove 

13 debris from the Tennessee River in the vicinity of Knox14 ville, Tennessee, by providing a vessel to such entity, at 

15 Federal expense, for such debris removal purposes. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $500,000. 

19 SEC. 5111. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, 

20 ARKANSAS, AND MISSISSIPPI. 

21 The Secretary may participate with non-Federal and 

22 nonprofit entities to address issues concerning managing 

23 groundwater as a sustainable resource through the Upper 

24 Mississippi Embayment, Tennessee, Arkansas, and Mis25 sissippi, and coordinating the protection of groundwater 
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1 supply and groundwater quality with local surface water 

2 protection programs. There is authorized to be appro3 priated $5,000,000 to carry out this section. 

4 SEC. 5112. DALLAS FLOODWAY, DALLAS, TEXAS. 

5 (a) IN GENERAL.—The Secretary shall review the 

6 Balanced Vision Plan for the Trinity River Corridor, Dal7 las, Texas, dated December 2003 and amended in March 

8 2004, prepared by the non-Federal interest for the project 

9 for flood damage reduction and other purposes, Dallas 

10 Floodway, Dallas, Texas, and, if the Secretary determines 

11 that the project is technically sound and environmentally 

12 acceptable, 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 inter21 est before the date of the partnership agreement for 

22 the project if the Secretary determines that the work 

23 is integral to the project. 

24 (2) CASH CONTRIBUTIONS.—The Secretary 

25 shall accept funds provided by the non-Federal inter-
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1 ests for use in carrying out planning, engineering, 

2 and design for the project. The Federal share of 

3 such planning, engineering, and design carried out 

4 with non-Federal contributions shall be credited 

5 against the non-Federal share of project costs. 

6 SEC. 5113. HARRIS COUNTY, TEXAS. 

7 (a) IN GENERAL.—Section 575(a) of the Water Re8 sources Development Act of 1996 (110 Stat. 3789; 113 

9 Stat. 311) is amended by inserting before the period at 

10 the end the following: ‘‘, whether or not such works or 

11 actions are partially funded under the hazard mitigation 

12 grant program of the Federal Emergency Management 

13 Agency’’. 

14 (b) SPECIFIC PROJECTS.—Section 575(b) of such 

15 Act (110 Stat. 3789; 113 Stat. 311) is amended— 

16 (1) in paragraph (3) by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (4) by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (3) by adding the following: 

21 ‘‘(5) the project for flood control, Upper White 

22 Oak Bayou, Texas, authorized by section 401(a) of 

23 the Water Resources Development Act of 1986 (100 

24 Stat. 4125).’’. 
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1 SEC. 5114. ONION CREEK, TEXAS. 

2 In carrying out the study for the project for flood 

3 damage reduction, recreation, and ecosystem restoration, 

4 Onion Creek, Texas, the Secretary shall include the costs 

5 and benefits associated with the relocation of flood-prone 

6 residences in the study area for the project in the period 

7 beginning 2 years before the date of initiation of the study 

8 and ending on the date of execution of the partnership 

9 agreement for construction of the project to the extent the 

10 Secretary determines such relocations are compatible with 

11 the project. The Secretary shall credit toward the non12 Federal share of the cost of the project the cost of reloca13 tion of such flood-prone residences incurred by the non14 Federal interest before the date of the partnership agree15 ment for the project if the Secretary determines that the 

16 relocation of such residences is integral to the project. 

17 SEC. 5115. 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. 5116. EASTERN SHORE AND SOUTHWEST VIRGINIA. 

22 Section 219(f)(10) of the Water Resources Develop23 ment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is 

24 amended— 
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1 (1) by striking ‘‘$20,000,000 for water supply 

2 and wastewater infrastructure’’ and inserting the 

3 following: 

4 ‘‘(A) IN GENERAL.—$20,000,000 for water 

5 supply, wastewater infrastructure, and environ6 mental restoration’’; 

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

8 ‘‘(B) CREDIT.—The Secretary shall credit 

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

10 project the cost of work carried out by the non11 Federal interest before the date of the partner12 ship agreement for the project if the Secretary 

13 determines that the work is integral to the 

14 project.’’; and 

15 (3) by aligning the remainder of the text of 

16 subparagraph (A) (as designated by paragraph (1) 

17 of this section) with subparagraph (B) (as added by 

18 paragraph (2) of this section). 

19 SEC. 5117. JAMES RIVER, VIRGINIA. 

20 The Secretary shall accept funds from the National 

21 Park Service to provide technical and project management 

22 assistance for the James River, Virginia, with a particular 

23 emphasis on locations along the shoreline adversely im24 pacted by Hurricane Isabel. 
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1 SEC. 5118. BAKER BAY AND ILWACO HARBOR, WASH2 INGTON. 

3 The Secretary shall conduct a study of increased sil4 tation in Baker Bay and Ilwaco Harbor, Washington, to 

5 determine if the siltation is the result of a Federal naviga6 tion project (including diverted flows from the Columbia 

7 River) and, if the Secretary determines that the siltation 

8 is the result of a Federal navigation project, the Secretary 

9 shall carry out a project to mitigate the siltation as part 

10 of maintenance of the Federal navigation project. 

11 SEC. 5119. HAMILTON ISLAND CAMPGROUND, WASH12 INGTON. 

13 The Secretary is authorized to plan, design, and con14 struct a campground for Bonneville Lock and Dam at 

15 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

16 Skamania County, Washington. 

17 SEC. 5120. PUGET ISLAND, WASHINGTON. 

18 The Secretary is directed to place dredged and other 

19 suitable material along portions of the Columbia River 

20 shoreline of Puget Island, Washington, between river miles 

21 38 to 47 in order to protect economic and environmental 

22 resources in the area from further erosion, at a Federal 

23 cost of $1,000,000. This action shall be coordinated with 

24 appropriate resource agencies and comply with applicable 

25 Federal laws. 
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1 SEC. 5121. WILLAPA BAY, WASHINGTON. 

2 Section 545 of the Water Resources Development Act 

3 of 2000 (114 Stat. 2675) is amended— 

4 (1) in subsection (b)(1) by striking ‘‘may con5 struct’’ and inserting ‘‘shall construct’’; and 

6 (2) by inserting ‘‘and ecosystem restoration’’ 

7 after ‘‘erosion protection’’ each place it appears. 

8 SEC. 5122. BLUESTONE, WEST VIRGINIA. 

9 Section 547 of the Water Resources Development Act 

10 of 2000 (114 Stat. 2676–2678) is amended— 

11 (1) in subsection (b)(1)(A) by striking ‘‘4 

12 years’’ and inserting ‘‘5 years’’; 

13 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if 

14 all’’ and all that follows through ‘‘facility’’ and in15 serting ‘‘assurance project’’; 

16 (3) in subsection (b)(1)(C) by striking ‘‘and 

17 construction’’ and inserting ‘‘, construction, and op18 eration and maintenance’’; 

19 (4) by adding at the end of subsection (b) the 

20 following: 

21 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri22 Cities Power Authority shall be the owner and oper23 ator of the hydropower facilities referred to in sub24 section (a).’’; 

25 (5) in subsection (c)(1)— 
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1 (A) by striking ‘‘No’’ and inserting ‘‘Un2 less otherwise provided, no’’; 

3 (B) by inserting ‘‘planning,’’ before ‘‘de4 sign’’; and 

5 (C) by striking ‘‘prior to’’ and all that fol6 lows through ‘‘subsection (d)’’; 

7 (6) in subsection (c)(2) by striking ‘‘design’’ 

8 and inserting ‘‘planning, design,’’; 

9 (7) in subsection (d)— 

10 (A) by striking paragraphs (1) and (2) and 

11 inserting the following: 

12 ‘‘(1) APPROVAL.—The Secretary shall review 

13 the design and construction activities for all features 

14 of the hydroelectric project that pertain to and affect 

15 stability of the dam and control the release of water 

16 from Bluestone Dam to ensure that the quality of 

17 construction of those features meets all standards 

18 established for similar facilities constructed by the 

19 Secretary.’’; 

20 (B) by redesignating paragraph (3) as 

21 paragraph (2); 

22 (C) by striking the period at the end of 

23 paragraph (2) (as so redesignated) and insert24 ing ‘‘, except that hydroelectric power is no 

25 longer a project purpose of the facility. Water 
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1 flow releases from the hydropower facilities 

2 shall be determined and directed by the Corps 

3 of Engineers.’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(3) COORDINATION.—Construction of the hy6 droelectric generating facilities shall be coordinated 

7 with the dam safety assurance project currently in 

8 the design and construction phases.’’; 

9 (8) in subsection (e) by striking ‘‘in accord10 ance’’ and all that follows through ‘‘58 Stat. 890)’’; 

11 (9) in subsection (f)— 

12 (A) by striking ‘‘facility of the inter13 connected systems of reservoirs operated by the 

14 Secretary’’ each place it appears and inserting 

15 ‘‘facilities under construction under such agree16 ments’’; and 

17 (B) by striking ‘‘design’’ and inserting 

18 ‘‘planning, design’’; 

19 (10) in subsection (f)(2)— 

20 (A) by ‘‘Secretary’’ each place it appears 

21 and inserting ‘‘Tri-Cities Power Authority’’; 

22 and 

23 (B) by striking ‘‘facilities referred to in 

24 subsection (a)’’ and inserting ‘‘such facilities’’; 
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1 (11) by striking paragraph (1) of subsection (g) 

2 and inserting the following: 

3 ‘‘(1) to arrange for the transmission of power 

4 to the market or to construct such transmission fa5 cilities as necessary to market the power produced at 

6 the facilities referred to in subsection (a) with funds 

7 contributed by the Tri-Cities Power Authority; and’’; 

8 (12) in subsection (g)(2) by striking ‘‘such fa9 cilities’’ and all that follows through ‘‘the Secretary’’ 

10 and inserting ‘‘the generating facility’’; and 

11 (13) by adding at the end the following: 

12 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In 

13 this section, the ‘Tri-Cities Power Authority’ refers to the 

14 entity established by the City of Hinton, West Virginia, 

15 the City of White Sulphur Springs, West Virginia, and the 

16 City of Philippi, West Virginia, pursuant to a document 

17 entitled ‘Second Amended and Restated Intergovern18 mental Agreement’ approved by the Attorney General of 

19 West Virginia on February 14, 2002.’’. 

20 SEC. 5123. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

21 CONTROL. 

22 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR23 GINIA.—Section 581(a)(1) of the Water Resources Devel24 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is 

25 amended— 
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1 (1) by striking ‘‘flood control measures’’ and in2 serting ‘‘structural and nonstructural flood control, 

3 streambank protection, stormwater management, 

4 and channel clearing and modification measures’’; 

5 and 

6 (2) by inserting ‘‘with respect to measures that 

7 incorporate levees or floodwalls’’ before the semi8 colon. 

9 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 

10 Water Resources Development Act of 1996 (110 Stat. 

11 3791) is amended— 

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

13 (5); 

14 (2) by striking the period at the end of para15 graph (6) and inserting a semicolon; and 

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

17 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa18 tershed; and 

19 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 

20 River basin.’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 581(c) of the Water Resources Development Act of 1996 

23 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’ 

24 and inserting ‘‘$90,000,000’’. 
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1 SEC. 5124. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA. 

2 The Secretary shall conduct a watershed and river 

3 basin assessment under section 729 of the Water Re4 sources Development Act of 1986 (33 U.S.C. 2267a) for 

5 the Lower Kanawha River basin, in the counties of Mason, 

6 Putnam, Kanawha, Jackson, and Roane, West Virginia. 

7 SEC. 5125. CENTRAL WEST VIRGINIA. 

8 Section 571 of the Water Resources Development Act 

9 of 1999 (113 Stat. 371) is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘Nicholas,’’; and 

12 (B) by striking ‘‘Gilmer,’’; and 

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

14 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec15 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

16 1962d–5b(b)), for any project undertaken under this sec17 tion, a non-Federal interest may include a nonprofit entity 

18 with the consent of the affected local government. 

19 ‘‘(j) 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 ad22 minister projects under this section at 100 percent Fed23 eral expense.’’. 

24 SEC. 5126. SOUTHERN WEST VIRGINIA. 

25 (a) CORPS OF ENGINEERS.—Section 340 of the 

26 Water Resources Development Act of 1992 (106 Stat. 
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1 4856; 113 Stat. 320) is amended by adding at the end 

2 the following: 

3 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

4 amounts appropriated to carry out this section may be 

5 used by the Corps of Engineers district offices to admin6 ister projects under this section at 100 percent Federal 

7 expense.’’. 

8 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

9 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ 

10 after ‘‘Greenbrier,’’. 

11 (c) NONPROFIT ENTITIES.—Section 340 of the 

12 Water Resources Development Act of 1992 (106 Stat. 

13 4856) is further amended by adding at the end the fol14 lowing: 

15 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec16 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

17 1962d–5b(b)), for any project undertaken under this sec18 tion, a non-Federal interest may include a nonprofit entity 

19 with the consent of the affected local government.’’. 

20 SEC. 5127. JOHNSONVILLE DAM, JOHNSONVILLE, WIS21 CONSIN. 

22 The Secretary shall conduct a study of the 

23 Johnsonville Dam, Johnsonville, Wisconsin, to determine 

24 if the structure prevents ice jams on the Sheboygan River. 
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1 SEC. 5128. CONSTRUCTION OF FLOOD CONTROL PROJECTS 

2 BY NON-FEDERAL INTERESTS. 

3 Section 211(f) of the Water Resources Development 

4 Act of 1996 (33 U.S.C. 701b–13) is amended by adding 

5 at the end the following: 

6 ‘‘(9) BUFFALO BAYOU, TEXAS.—The project for 

7 flood control, Buffalo Bayou, Texas. 

8 ‘‘(10) HALLS BAYOU, TEXAS.—The project for 

9 flood control, Halls Bayou, Texas. 

10 ‘‘(11) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

11 FIELD), ST. PAUL, MINNESOTA.—The project for 

12 flood damage reduction, St. Paul Downtown Airport 

13 (Holman Field), St. Paul, Minnesota. 

14 ‘‘(12) THORNTON RESERVOIR, COOK COUNTY, 

15 ILLINOIS.—The project for flood control, Chicago 

16 Underflow Plan, Thornton Reservoir, Cook County, 

17 Illinois. 

18 ‘‘(13) LAROSE TO GOLDEN MEADOW, LOU19 ISIANA.—The project for flood control, Larose to 

20 Golden Meadow, Louisiana. 

21 ‘‘(14) PERRIS, CALIFORNIA.—The project for 

22 flood control, Perris, California.’’. 

23 SEC. 5129. USE OF FEDERAL HOPPER DREDGE FLEET. 

24 (a) STUDY.—The Secretary shall conduct a study on 

25 the appropriate use of the Federal hopper dredge fleet. 
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1 (b) CONTENTS.—In conducting the study, the Sec2 retary shall— 

3 (1) obtain and analyze baseline data to deter4 mine the appropriate use of the Federal hopper 

5 dredge fleet; 

6 (2) prepare a comprehensive analysis of the 

7 costs and benefits of existing and proposed restric8 tions on the use of the Federal hopper dredge fleet; 

9 and 

10 (3) assess the data and procedure used by the 

11 Secretary to prepare the Government cost estimate 

12 for worked performed by the Federal hopper dredge 

13 fleet. 

14 (c) CONSULTATION.—The Secretary shall conduct 

15 the study in consultation with ports, pilots, and represent16 atives of the private dredge industry. 

17 (d) REPORT.—Not later than 180 days after the date 

18 of enactment of this Act, the Secretary shall transmit to 

19 Congress a report on the results of the study. 

20 TITLE VI—FLORIDA 

21 EVERGLADES 

22 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR23 IDA. 

24 Section 601(b)(2)(A) of the Water Resources Devel25 opment Act of 2000 (114 Stat. 2681) is amended— 
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1 (1) in clause (i) by adding at the end the fol2 lowing: ‘‘The project for aquifer storage and recov3 ery, Hillsboro and Okeechobee Aquifer, Florida, au4 thorized by section 101(a)(16) of the Water Re5 sources Development Act of 1999 (113 Stat. 276), 

6 shall be treated for purposes of this section as being 

7 in the Plan, except that operation and maintenance 

8 costs of the project shall remain a non-Federal re9 sponsibility.’’; and 

10 (2) in clause (iii) by inserting after ‘‘subpara11 graph (B)’’ the following: ‘‘and the project for aqui12 fer storage and recovery, Hillsboro and Okeechobee 

13 Aquifer’’. 

14 SEC. 6002. PILOT PROJECTS. 

15 Section 601(b)(2)(B) of the Water Resources Devel16 opment Act of 2000 (114 Stat. 2681) is amended— 

17 (1) in the matter preceding clause (i)— 

18 (A) by striking ‘‘$69,000,000’’ and insert19 ing ‘‘$71,200,000’’; and 

20 (B) by striking ‘‘$34,500,000’’ each place 

21 it appears and inserting ‘‘$35,600,000’’; and 

22 (2) in clause (i)— 

23 (A) by striking ‘‘$6,000,000’’ and inserting 

24 ‘‘$8,200,000’’; and 
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1 (B) by striking ‘‘$3,000,000’’ each place it 

2 appears and inserting ‘‘$4,100,000’’. 

3 SEC. 6003. MAXIMUM COST OF PROJECTS. 

4 Section 601(b)(2)(E) of the Water Resources Devel5 opment Act of 2000 (114 Stat. 2683) is amended by in6 serting ‘‘and section (d)’’ before the period at the end. 

7 SEC. 6004. PROJECT AUTHORIZATION. 

8 Section 601(d) of the Water Resources Development 

9 Act of 2000 (114 Stat. 2684) is amended by adding at 

10 the end the following: 

11 ‘‘(3) PROJECT AUTHORIZATION.—The following 

12 project for water resources development and con13 servation and other purposes is authorized to be car14 ried out by the Secretary substantially in accordance 

15 with the plans, and subject to the conditions, de16 scribed in the report designated in this paragraph: 

17 ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR18 IDA.—The project for ecosystem restoration, 

19 water supply, flood damage reduction, and pro20 tection of water quality, Indian River Lagoon 

21 South, Florida: Report of the Chief of Engi22 neers dated August 6, 2004, at a total cost of 

23 $1,210,608,000, with an estimated Federal cost 

24 of $605,304,000 and an estimated non-Federal 

25 cost of $605,304,000.’’. 
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1 SEC. 6005. CREDIT. 

2 Section 601(e)(5)(B) of the Water Resources Devel3 opment Act of 2000 (114 Stat. 2685) is amended— 

4 (1) in clause (i)— 

5 (A) by striking ‘‘or’’ at the end of sub6 clause (I); 

7 (B) by adding ‘‘or’’ at the end of subclause 

8 (II); and 

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

10 ‘‘(III) the credit is provided for work 

11 carried out before the date of the partner12 ship agreement between the Secretary and 

13 the non-Federal sponsor, as defined in an 

14 agreement between the Secretary and the 

15 non-Federal sponsor providing for such 

16 credit;’’; and 

17 (2) in clause (ii)— 

18 (A) by striking ‘‘design agreement or the 

19 project cooperation’’; and 

20 (B) by inserting before the semicolon the 

21 following: ‘‘, including in the case of credit pro22 vided under clause (i)(III) conditions relating to 

23 design and construction’’. 
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1 SEC. 6006. OUTREACH AND ASSISTANCE. 

2 Section 601(k) of the Water Resources Development 

3 Act of 2000 (114 Stat. 2691) is amended by adding at 

4 the end the following: 

5 ‘‘(3) MAXIMUM EXPENDITURES.—The Sec6 retary may expend up to $3,000,000 per fiscal year 

7 for fiscal years beginning after September 30, 2004, 

8 to carry out this subsection.’’. 

9 SEC. 6007. CRITICAL RESTORATION PROJECTS. 

10 Section 528(b)(3)(C) of the Water Resources Devel11 opment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is 

12 amended— 

13 (1) in clause (i) by striking ‘‘$75,000,000’’ and 

14 all that follows through ‘‘2003’’ and inserting 

15 ‘‘$95,000,000’’; and 

16 (2) in clause (ii) by striking ‘‘$25,000,000’’ and 

17 inserting ‘‘$30,000,000’’. 

18 SEC. 6008. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR19 IDA. 

20 The project for Hillsboro and Okeechobee Aquifer, 

21 Florida, authorized by section 101(a)(16) of the Water 

22 Resources Development Act of 1999 (113 Stat. 276) is 

23 modified to authorize the Secretary to carry out the 

24 project at a total cost of $39,200,000. 
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1 SEC. 6009. DEAUTHORIZATIONS. 

2 As of the date of enactment of this Act, the following 

3 projects are not authorized: 

4 (1) The uncompleted portions of the project au5 thorized by section 601(b)(2)(C)(i) of the Water Re6 sources Development Act of 2000 (114 Stat. 2682), 

7 C–44 Basin Storage Reservoir of the Comprehensive 

8 Everglades Restoration Plan. 

9 (2) The uncompleted portions of the project au10 thorized by section 203 of the Flood Control Act of 

11 1968 (82 Stat. 740), Martin County, Florida modi12 fications to the Central and South Florida Project, 

13 as contained in Senate Document 101, 90th Con14 gress, 2d Session. 

15 (3) The uncompleted portions of the project au16 thorized by section 203 of the Flood Control Act of 

17 1968 (82 Stat. 740), East Coast Backpumping, St. 

18 Lucie—Martin County, Spillway Structure S–311 of 

19 the Central and South Florida Project, as contained 

20 in House Document 369, 90th Congress, 2d Session. 

21 SEC. 6010. MODIFIED WATER DELIVERY. 

22 (a) TAMIAMI TRAIL.—The Secretary shall not carry 

23 out a project for raising Tamiami Trail, Florida, until 

24 such date as the project is specifically authorized by law. 
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1 (b) REPORTS.—Not later than August 31, 2005, the 

2 Secretary shall submit to Congress reports recommending 

3 specific authorizations in law for— 

4 (1) changes to the project to improve water de5 liveries to Everglades National Park, authorized by 

6 section 104 of the Everglades National Park Protec7 tion and Expansion Act of 1989 (16 U.S.C. 410r8 8), if necessary; 

9 (2) a project to raise Tamiami Trail, Florida, 

10 if necessary; and 

11 (3) a combined structural and operational plan 

12 for the C–111 Canal Project, authorized by section 

13 203 of the Flood Control Act of 1948 (62 Stat. 

14 1176), and modified by section 203 of the Flood 

15 Control Act of 1968 (82 Stat. 740), and further 

16 modified by section 316 of the Water Resources De17 velopment Act of 1996 (110 Stat. 3715), and the 

18 project to improve water deliveries to Everglades 

19 National Park. 

20 TITLE VII—LOUISIANA COASTAL 

21 AREA 

22 SEC. 7001. DEFINITIONS. 

23 In this title, the following definitions apply: 

24 (1) COASTAL LOUISIANA ECOSYSTEM.—The 

25 term ‘‘coastal Louisiana ecosystem’’ means the 
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1 coastal area of Louisiana from the Sabine River on 

2 the west and the Pearl River on the east, including 

3 those parts of the Deltaic Plain and the Chenier 

4 Plain included within the study area of the Plan. 

5 (2) GOVERNOR.—The term ‘‘Governor’’ means 

6 the Governor of the State of Louisiana. 

7 (3) PLAN.—The term ‘‘Plan’’ means the report 

8 of the Chief of Engineers for ecosystem restoration 

9 for the Louisiana Coastal Area dated January 31, 

10 2005. 

11 (4) TASK FORCE.—The term ‘‘Task Force’’ 

12 means the Coastal Louisiana Ecosystem Protection 

13 and Restoration Task Force established by section 

14 7003. 

15 SEC. 7002. ADDITIONAL REPORTS. 

16 (a) MISSISSIPPI RIVER GULF OUTLET.—Not later 

17 than one year after the date of enactment of this Act, the 

18 Secretary shall submit to Congress a report recommending 

19 modifications to the Mississippi River Gulf Outlet to ad20 dress navigation, salt water intrusion, channel bank ero21 sion, mitigation, and threats to life and property. 

22 (b) BARATARIA-TERREBONE ESTUARY.—Not later 

23 than July 1, 2006, the Secretary shall submit to Congress 

24 a report recommending a plan to restore the Barataria25 Terrebonne Estuary, Louisiana. 
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1 (c) CHENIER PLAIN.—Not later than July 1, 2006, 

2 the Secretary shall submit to Congress a report recom3 mending near-term ecosystem restoration measures for the 

4 Chenier Plain, Louisiana. 

5 (d) LONG-TERM PLAN.— 

6 (1) COMPREHENSIVE FRAMEWORK.—Not later 

7 than one year after the date of enactment of this 

8 section, the Secretary shall submit to Congress a 

9 recommended framework for developing a long-term 

10 program that provides for the comprehensive protec11 tion, conservation, and restoration of the wetlands, 

12 estuaries, barrier islands, and related land and fea13 tures that protect critical resources, habitat, and in14 frastructure in the coastal Louisiana ecosystem from 

15 the impacts of coastal storms, hurricanes, erosion, 

16 and subsidence. 

17 (2) CONSIDERATION.—In developing the rec18 ommended framework, the Secretary shall consider 

19 integrating other Federal or State projects or activi20 ties within the coastal Louisiana ecosystem into the 

21 long-term restoration program. 

22 (3) COMPREHENSIVE PLAN.— 

23 (A) DEADLINE.—Not later than five years 

24 after the date of enactment of this Act, the Sec25 retary shall submit to Congress a feasibility 
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1 study recommending a comprehensive, long2 term, plan for the protection, conservation, and 

3 restoration of the coastal Louisiana ecosystem. 

4 (B) INTEGRATION.—The comprehensive, 

5 long-term, plan shall include recommendations 

6 for the integration of ongoing Federal and 

7 State projects and activities, including projects 

8 and activities being carried out under the 

9 Coastal Wetlands Planning, Protection and 

10 Restoration Act (16 U.S.C. 3951 et seq.), the 

11 Louisiana coastal wetlands conservation plan, 

12 the Louisiana coastal zone management plan, 

13 and the plan of the State of Louisiana entitled 

14 ‘‘Coast 2050: Toward a Sustainable Coastal 

15 Louisiana’’. 

16 SEC. 7003. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

17 AND RESTORATION TASK FORCE. 

18 (a) ESTABLISHMENT AND MEMBERSHIP.—There is 

19 established the Coastal Louisiana Ecosystem Protection 

20 and Restoration Task Force, which shall consist of the fol21 lowing members (or, in the case of the head of a Federal 

22 agency, a designee at the level of Assistant Secretary or 

23 an equivalent level): 

24 (1) The Secretary. 

25 (2) The Secretary of the Interior. 
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1 (3) The Secretary of Commerce. 

2 (4) The Administrator of the Environmental 

3 Protection Agency. 

4 (5) The Secretary of Agriculture. 

5 (6) The Secretary of Transportation. 

6 (7) The Secretary of Energy. 

7 (8) The Director of the Federal Emergency 

8 Management Agency. 

9 (9) The Commandant of the Coast Guard. 

10 (10) The Coastal Advisor to the Governor. 

11 (11) The Secretary of the Louisiana Depart12 ment of Natural Resources. 

13 (12) A representative of the Louisiana Gov14 ernor’s Advisory Commission on Coastal Restoration 

15 and Conservation. 

16 (b) DUTIES OF TASK FORCE.—The Task Force 

17 shall— 

18 (1) make recommendations to the Secretary re19 garding policies, strategies, plans, programs, 

20 projects, and activities for addressing protection, 

21 conservation, and restoration of the coastal Lou22 isiana ecosystem; 

23 (2) prepare financial plans for each of the agen24 cies represented on the Task Force for funds pro25 posed for the protection, conservation, and restora-
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1 tion of the coastal Louisiana ecosystem under au2 thorities of each agency, including— 

3 (A) recommendations that identify funds 

4 from current agency missions and budgets; and 

5 (B) recommendations for coordinating in6 dividual agency budget requests; and 

7 (3) submit to Congress a biennial report that 

8 summarizes the activities of the Task Force and 

9 progress towards the purposes set forth in section 

10 7002(d)(1). 

11 (c) PROCEDURES AND ADVICE.—The Task Force 

12 shall— 

13 (1) implement procedures to facilitate public 

14 participation with regard to Task Force activities, 

15 including— 

16 (A) providing advance notice of meetings; 

17 (B) providing adequate opportunity for 

18 public input and comment; 

19 (C) maintaining appropriate records; and 

20 (D) making a record of proceedings avail21 able for public inspection; and 

22 (2) establish such working groups as are nec23 essary to assist the Task Force in carrying out its 

24 duties. 
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1 (d) COMPENSATION.—Members of the Task Force or 

2 any associated working group may not receive compensa3 tion for their services as members of the Task Force or 

4 working group. 

5 (e) TRAVEL EXPENSES.—Travel expenses incurred 

6 by members of the Task Force, or members of an associ7 ated working group, in the performance of their service 

8 on the Task Force or working group shall be paid by the 

9 agency or entity that the member represents. 

10 SEC. 7004. INVESTIGATIONS. 

11 (a) IN GENERAL.—The Secretary shall conduct feasi12 bility studies for future authorization and large-scale stud13 ies substantially in accordance with the Plan at a total 

14 cost $130,000,000. 

15 (b) EXISTING FEDERALLY AUTHORIZED WATER RE16 SOURCES PROJECTS.— 

17 (1) IN GENERAL.—The Secretary shall review 

18 existing federally authorized water resources projects 

19 in the coastal Louisiana ecosystem in order to deter20 mine their consistency with the purposes of this sec21 tion and whether the projects have the potential to 

22 contribute to ecosystem restoration through revised 

23 operations or modified project features. 

24 (2) FUNDING.—There is authorized to be ap25 propriated $10,000,000 to carry out this subsection. 
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1 SEC. 7005. CONSTRUCTION. 

2 (a) COASTAL LOUISIANA ECOSYSTEM PROGRAM.— 

3 (1) IN GENERAL.—The Secretary shall carry 

4 out a coastal Louisiana ecosystem program substan5 tially in accordance with the Plan, at a total cost of 

6 $50,000,000. 

7 (2) OBJECTIVES.—The objectives of the pro8 gram shall be to— 

9 (A) identify uncertainties about the phys10 ical, chemical, geological, biological, and cul11 tural baseline conditions in the coastal Lou12 isiana ecosystem; 

13 (B) improve the State of knowledge of the 

14 physical, chemical, geological, biological, and 

15 cultural baseline conditions in the coastal Lou16 isiana ecosystem; and 

17 (C) identify and develop technologies, mod18 els, and methods that could be useful in car19 rying out the purposes of this title. 

20 (3) WORKING GROUPS.—The Secretary may es21 tablish such working groups as are necessary to as22 sist in carrying out this subsection. 

23 (4) PROCEDURES AND ADVICE.—In carrying 

24 out this subsection, the Secretary is authorized to 

25 enter into contracts and cooperative agreements with 

26 scientific and engineering experts in the restoration 
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1 of aquatic and marine ecosystems, including a con2 sortium of academic institutions in Louisiana and 

3 Mississippi for coastal restoration and enhancement 

4 through science and technology. 

5 (b) DEMONSTRATION PROJECTS.— 

6 (1) IN GENERAL.—Subject to paragraphs (2) 

7 and (3), the Secretary may carry out projects sub8 stantially in accordance with the Plan for the pur9 pose of resolving critical areas of scientific or tech10 nological uncertainty related to the implementation 

11 of the comprehensive plan to be developed under sec12 tion 7002(d)(3). 

13 (2) MAXIMUM COST.— 

14 (A) TOTAL COST.—The total cost for plan15 ning, design, and construction of all demonstra16 tion projects under this subsection shall not ex17 ceed $100,000,000. 

18 (B) INDIVIDUAL PROJECT.—The total cost 

19 of an individual demonstration project under 

20 this subsection shall not exceed $25,000,000. 

21 (c) INITIAL PROJECTS.—The Secretary is authorized 

22 to carry out the following projects substantially in accord23 ance with the Plan: 

24 (1) Mississippi River Gulf Outlet Environ25 mental 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 project authorized by 

17 section 7005(c) the cost of work carried out in the coastal 

18 Louisiana ecosystem by the non-Federal interest before 

19 the date of the partnership agreement for the project if 

20 the Secretary determines that the work is integral to the 

21 project. 

22 (b) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

23 Any credit provided under this section toward the non24 Federal share of the cost of a project authorized by section 

25 7005(c) may be applied toward the non-Federal share of 
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1 the cost of any other project authorized by section 

2 7005(c). 

3 (c) PERIODIC MONITORING.— 

4 (1) IN GENERAL.—To ensure that the contribu5 tions of the non-Federal interest equal the non-Fed6 eral share of the cost of a project authorized by sec7 tion 7005(c), during each 5-year period beginning 

8 after the date of commencement of construction of 

9 the first project under section 7005(c), the Secretary 

10 shall— 

11 (A) monitor the non-Federal provision for 

12 each project authorized by section 7005(c) of 

13 cash, in-kind services and materials, and land, 

14 easements, rights-of-way, relocations, and dis15 posal areas; and 

16 (B) manage, to the extent practicable, the 

17 requirement of the non-Federal interest to pro18 vide for each such project cash, in-kind services 

19 and materials, and land, easements, rights-of20 way, relocations, and disposal areas. 

21 (2) OTHER MONITORING.—The Secretary shall 

22 conduct monitoring separately for the construction 

23 phase, the preconstruction engineering and design 

24 phase, and the planning phase for each project au25 thorized on or after date of enactment of this Act 
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1 for all or any portion of the coastal Louisiana eco2 system (including each project authorized by section 

3 7005(c)). 

4 (d) AUDITS.—Credit for land, easements, rights-of5 way, relocations, and disposal areas (including land value 

6 and incidental costs) provided under this section, and the 

7 cost of work provided under this section, shall be subject 

8 to audit by the Secretary. 

9 SEC. 7007. PROJECT JUSTIFICATION. 

10 (a) IN GENERAL.—Notwithstanding section 209 of 

11 the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any 

12 other provision of law, in carrying out any project or activ13 ity authorized by or under this title or any other provision 

14 of law to protect, conserve, and restore the coastal Lou15 isiana ecosystem, the Secretary may determine that— 

16 (1) the project or activity is justified by the en17 vironmental benefits derived by the coastal Lou18 isiana ecosystem; and 

19 (2) no further economic justification for the 

20 project or activity is required if the Secretary deter21 mines that the project or activity is cost effective. 

22 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

23 shall not apply to any separable element intended to 

24 produce benefits that are predominantly unrelated to the 
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1 protection, conservation, and restoration of the coastal 

2 Louisiana ecosystem. 

3 SEC. 7008. STATUTORY CONSTRUCTION. 

4 (a) EXISTING AUTHORITY.—Except as otherwise pro5 vided in this title, nothing in this title affects any author6 ity in effect on the date of enactment of this Act, or any 

7 requirement relating to the participation in protection, 

8 conservation, and restoration projects and activities in the 

9 coastal Louisiana ecosystem, including projects and activi10 ties referred to in subsection (a) of— 

11 (1) the Department of the Army; 

12 (2) the Department of the Interior; 

13 (3) the Department of Commerce; 

14 (4) the Environmental Protection Agency; 

15 (5) the Department of Agriculture; 

16 (6) the Department of Transportation; 

17 (7) the Department of Energy; 

18 (8) the Federal Emergency Management Agen19 cy; 

20 (9) the Coast Guard; and 

21 (10) the State of Louisiana. 

22 (b) NEW AUTHORITY.—Nothing in this title confers 

23 any new regulatory authority on any Federal or non-Fed24 eral entity that carries out any project or activity author25 ized by or under this title. 
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1 TITLE VIII—UPPER MISSISSIPPI 

2 RIVER AND ILLINOIS WATER3 WAY SYSTEM 

4 SEC. 8001. DEFINITIONS. 

5 In this title, the following definitions apply: 

6 (1) PLAN.—The term ‘‘Plan’’ means the project 

7 for navigation and ecosystem improvements for the 

8 Upper Mississippi River and Illinois Waterway Sys9 tem: Report of the Chief of Engineers, dated Decem10 ber 15, 2004. 

11 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

12 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

13 River and Illinois Waterway System’’ means the 

14 projects for navigation and ecosystem restoration au15 thorized by Congress for— 

16 (A) the segment of the Mississippi River 

17 from the confluence with the Ohio River, River 

18 Mile 0.0, to Upper St. Anthony Falls Lock in 

19 Minneapolis-St. Paul, Minnesota, River Mile 

20 854.0; and 

21 (B) the Illinois Waterway from its con22 fluence with the Mississippi River at Grafton, 

23 Illinois, River Mile 0.0, to T.J. O’Brien Lock in 

24 Chicago, Illinois, River Mile 327.0. 
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1 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA2 TION. 

3 Except as modified by this title, the Secretary shall 

4 undertake navigation improvements and restoration of the 

5 ecosystem for the Upper Mississippi River and Illinois 

6 Water System substantially in accordance with the Plan 

7 and subject to the conditions described therein. 

8 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA9 TION IMPROVEMENTS. 

10 (a) SMALL SCALE AND NONSTRUCTURAL MEAS11 URES.— 

12 (1) IN GENERAL.—The Secretary shall— 

13 (A) construct mooring facilities at Locks 

14 12, 14, 18, 20, 22, 24, and LaGrange Lock; 

15 (B) provide switchboats at Locks 20 

16 through 25; and 

17 (C) conduct development and testing of an 

18 appointment scheduling system. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 The total cost of projects authorized under this sub21 section shall be $235,000,000. Such costs shall be 

paid 1 22 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 23 ⁄2 from amounts appro24 priated from the Inland Waterways Trust Fund. 

25 (b) NEW LOCKS.— 
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1 (1) IN GENERAL.—The Secretary shall con2 struct new 1,200-foot locks at Locks 20, 21, 22, 24, 

3 and 25 on the Upper Mississippi River and at La4 Grange Lock and Peoria Lock on the Illinois Water5 way. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 The total cost of projects authorized under this sub8 section shall be $1,795,000,000. Such costs shall be 

paid 1 9 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 10 ⁄2 from amounts appro11 priated from the Inland Waterways Trust Fund. 

12 (c) CONCURRENCE.—The mitigation required for the 

13 projects authorized under subsections (a) and (b), includ14 ing any acquisition of lands or interests in lands, shall be 

15 undertaken or acquired concurrently with lands and inter16 ests in lands for the projects authorized under subsections 

17 (a) and (b), and physical construction required for the 

18 purposes of mitigation shall be undertaken concurrently 

19 with the physical construction of such projects. 

20 SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 

21 (a) OPERATION.—To ensure the environmental sus22 tainability of the existing Upper Mississippi River and Illi23 nois Waterway System, the Secretary shall modify, con24 sistent with requirements to avoid adverse effects on navi25 gation, the operation of the Upper Mississippi River and 
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1 Illinois Waterway System to address the cumulative envi2 ronmental impacts of operation of the system and improve 

3 the ecological integrity of the Upper Mississippi River and 

4 Illinois River. 

5 (b) ECOSYSTEM RESTORATION PROJECTS.— 

6 (1) IN GENERAL.—The Secretary shall carry 

7 out, consistent with requirements to avoid adverse 

8 effects on navigation, ecosystem restoration projects 

9 to attain and maintain the sustainability of the eco10 system of the Upper Mississippi River and Illinois 

11 River in accordance with the general framework out12 lined in the Plan. 

13 (2) PROJECTS INCLUDED.—Ecosystem restora14 tion projects may include— 

15 (A) island building; 

16 (B) construction of fish passages; 

17 (C) floodplain restoration; 

18 (D) water level management (including 

19 water drawdown); 

20 (E) backwater restoration; 

21 (F) side channel restoration; 

22 (G) wing dam and dike restoration and 

23 modification; 

24 (H) island and shoreline protection; 

25 (I) topographical diversity; 
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1 (J) dam point control; 

2 (K) use of dredged material for environ3 mental purposes; 

4 (L) tributary confluence restoration; 

5 (M) spillway, dam, and levee modification; 

6 and 

7 (N) land and easement acquisition. 

8 (3) COST SHARING.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraphs (B) and (C), the Federal share 

11 of the cost of carrying out an ecosystem res12 toration project under this subsection shall be 

13 65 percent. 

14 (B) EXCEPTION FOR CERTAIN RESTORA15 TION PROJECTS.—In the case of a project 

16 under this section for ecosystem restoration, the 

17 Federal share of the cost of carrying out the 

18 project shall be 100 percent if the project— 

19 (i) is located below the ordinary high 

20 water mark or in a connected backwater; 

21 (ii) modifies the operation of struc22 tures for navigation; or 

23 (iii) is located on federally owned 

24 land. 
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1 (C) SAVINGS CLAUSE.—Nothing in this 

2 subsection affects the applicability of section 

3 906(e) of the Water Resources Development 

4 Act of 1986 (33 U.S.C. 2283(e)). 

5 (D) NONGOVERNMENTAL ORGANIZA6 TIONS.—Notwithstanding section 221(b) of the 

7 Flood Control Act of 1970 (42 U.S.C. 1962d– 

8 5(b)), for any project carried out under this 

9 title, a non-Federal sponsor may include a non10 profit entity, with the consent of the affected 

11 local government. 

12 (4) LAND ACQUISITION.—The Secretary may 

13 acquire land or an interest in land for an ecosystem 

14 restoration project from a willing seller through con15 veyance of— 

16 (A) fee title to the land; or 

17 (B) a flood plain conservation easement. 

18 (c) ECOSYSTEM RESTORATION PRECONSTRUCTION

19 ENGINEERING AND DESIGN.— 

20 (1) RESTORATION DESIGN.—Before initiating 

21 the construction of any individual ecosystem restora22 tion project, the Secretary shall— 

23 (A) establish ecosystem restoration goals 

24 and identify specific performance measures de25 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 

9 changes in water quality, hydrology, or the well10 being of indicator species the population and dis11 tribution of which are representative of the abun12 dance and diversity of ecosystem-dependent aquatic 

13 and terrestrial species. 

14 (3) RESTORATION DESIGN.—Restoration design 

15 carried out as part of ecosystem restoration shall in16 clude a monitoring plan for the performance meas17 ures identified under paragraph (1)(A), including— 

18 (A) a timeline to achieve the identified tar19 get goals; and 

20 (B) a timeline for the demonstration of 

21 project completion. 

22 (d) SPECIFIC PROJECTS AUTHORIZATION.— 

23 (1) IN GENERAL.—There is authorized to be 

24 appropriated to carry out this subsection 

25 $1,580,000,000, of which not more than 
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1 $226,000,000 shall be available for projects de2 scribed in subsection (b)(2)(B) and not more than 

3 $43,000,000 shall be available for projects described 

4 in subsection (b)(2)(J). 

5 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 

6 amounts made available under paragraph (1), not 

7 more than $35,000,000 in any fiscal year may be 

8 used for land acquisition under subsection (b)(4). 

9 (3) INDIVIDUAL PROJECT LIMIT.—Other than 

10 for projects described in subparagraphs (B) and (J) 

11 of subsection (b)(2), the total cost of any single 

12 project carried out under this subsection shall not 

13 exceed $25,000,000. 

14 (e) IMPLEMENTATION REPORTS.— 

15 (1) IN GENERAL.—Not later than June 30, 

16 2007, and every 4 years thereafter, the Secretary 

17 shall submit to the Committee on Environment and 

18 Public Works of the Senate and the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives an implementation report that— 

21 (A) includes baselines, milestones, goals, 

22 and priorities for ecosystem restoration 

23 projects; and 

24 (B) measures the progress in meeting the 

25 goals. 
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1 (2) ADVISORY PANEL.— 

2 (A) IN GENERAL.—The Secretary shall ap3 point and convene an advisory panel to provide 

4 independent guidance in the development of 

5 each implementation report under paragraph 

6 (1). 

7 (B) PANEL MEMBERS.—Panel members 

8 shall include— 

9 (i) 1 representative of each of the 

10 State resource agencies (or a designee of 

11 the Governor of the State) from each of 

12 the States of Illinois, Iowa, Minnesota, 

13 Missouri, and Wisconsin; 

14 (ii) 1 representative of the Depart15 ment of Agriculture; 

16 (iii) 1 representative of the Depart17 ment of Transportation; 

18 (iv) 1 representative of the United 

19 States Geological Survey; 

20 (v) 1 representative of the United 

21 States Fish and Wildlife Service; 

22 (vi) 1 representative of the Environ23 mental Protection Agency; 

24 (vii) 1 representative of affected land25 owners; 
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1 (viii) 2 representatives of conservation 

2 and environmental advocacy groups; and 

3 (ix) 2 representatives of agriculture 

4 and industry advocacy groups. 

5 (C) CHAIRPERSON.—The Secretary shall 

6 serve as chairperson of the advisory panel. 

7 (D) APPLICATION OF FEDERAL ADVISORY

8 COMMITTEE ACT.—The Advisory Panel and any 

9 working group established by the Advisory 

10 Panel shall not be considered an advisory com11 mittee under the Federal Advisory Committee 

12 Act (5 U.S.C. App.). 

13 (f) RANKING SYSTEM.— 

14 (1) IN GENERAL.—The Secretary, in consulta15 tion with the Advisory Panel, shall develop a system 

16 to rank proposed projects. 

17 (2) PRIORITY.—The ranking system shall give 

18 greater weight to projects that restore natural river 

19 processes, including those projects listed in sub20 section (b)(2). 

21 SEC. 8005. COMPARABLE PROGRESS. 

22 (a) IN GENERAL.—As the Secretary conducts pre-en23 gineering, design, and construction for projects authorized 

24 under this title, the Secretary shall— 

25 (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 

7 at a comparable rate, annual funding requests for the 

8 projects shall be adjusted to ensure that the projects move 

9 toward completion at a comparable rate in the future. 

Æ