II 

Calendar No. 166 

109TH CONGRESS 

1ST SESSION H. R. 2864 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2005 

Received; read twice and placed on the calendar 

AN ACT 

To provide for the conservation and development of water 

and related resources, to authorize the Secretary of the 

Army to construct various projects for improvements to 

rivers and harbors of the United States, and for other 

purposes. 

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.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—WATER RESOURCES PROJECTS 
2 

HR 2864 PCS 

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. 

Sec. 2041. Support of army civil works program. 

Sec. 2042. Criteria for operation and maintenance of harbor dredging projects. 

TITLE III—PROJECT-RELATED PROVISIONS 
3 

HR 2864 PCS 

Sec. 3001. Cook Inlet, Alaska. 

Sec. 3002. King Cove Harbor, Alaska. 

Sec. 3003. St. Paul Harbor, St. Paul Island, Alaska. 

Sec. 3004. Sitka, Alaska. 

Sec. 3005. Tatitlek, 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. South Platte River Basin, 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. 

Sec. 3052. Emiquon, Illinois. 

Sec. 3053. LaSalle, Illinois. 
4 

HR 2864 PCS 

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. Boston Harbor, Massachusetts. 

Sec. 3073. Detroit River Shoreline, Detroit, Michigan. 

Sec. 3074. St. Joseph Harbor, Michigan. 

Sec. 3075. Sault Sainte Marie, Michigan. 

Sec. 3076. Ada, Minnesota. 

Sec. 3077. Duluth Harbor, McQuade Road, Minnesota. 

Sec. 3078. Grand Portage Harbor, Minnesota. 

Sec. 3079. Granite Falls, Minnesota. 

Sec. 3080. Knife River Harbor, Minnesota. 

Sec. 3081. Red Lake River, Minnesota. 

Sec. 3082. Silver Bay, Minnesota. 

Sec. 3083. Taconite Harbor, Minnesota. 

Sec. 3084. Two Harbors, Minnesota. 

Sec. 3085. Deer Island, Harrison County, Mississippi. 

Sec. 3086. Pearl River Basin, Mississippi. 

Sec. 3087. Festus and Crystal City, Missouri. 

Sec. 3088. Monarch-Chesterfield, Missouri. 

Sec. 3089. River Des Peres, Missouri. 

Sec. 3090. Antelope Creek, Lincoln, Nebraska. 

Sec. 3091. Sand Creek watershed, Wahoo, Nebraska. 

Sec. 3092. Lower Cape May Meadows, Cape May Point, New Jersey. 

Sec. 3093. Passaic River Basin flood management, New Jersey. 

Sec. 3094. Buffalo Harbor, New York. 

Sec. 3095. Orchard Beach, Bronx, New York. 

Sec. 3096. Port of New York and New Jersey, New York and New Jersey. 

Sec. 3097. New York State Canal System. 

Sec. 3098. Lower Girard Lake Dam, Ohio. 

Sec. 3099. Mahoning River, Ohio. 

Sec. 3100. Arcadia Lake, Oklahoma. 

Sec. 3101. Waurika Lake, Oklahoma. 

Sec. 3102. Willamette River temperature control, McKenzie Subbasin, Oregon. 

Sec. 3103. Delaware River, Pennsylvania, New Jersey, and Delaware. 

Sec. 3104. Raystown Lake, Pennsylvania. 
5 

HR 2864 PCS 

Sec. 3105. Sheraden Park Stream and Chartiers Creek, Allegheny County, 

Pennsylvania. 

Sec. 3106. Solomon’s Creek, Wilkes-Barre, Pennsylvania. 

Sec. 3107. South Central Pennsylvania. 

Sec. 3108. Wyoming Valley, Pennsylvania. 

Sec. 3109. Cedar Bayou, Texas. 

Sec. 3110. Freeport Harbor, Texas. 

Sec. 3111. Johnson Creek, Arlington, Texas. 

Sec. 3112. Lake Kemp, Texas. 

Sec. 3113. Lower Rio Grande Basin, Texas. 

Sec. 3114. North Padre Island, Corpus Christi Bay, Texas. 

Sec. 3115. Pat Mayse Lake, Texas. 

Sec. 3116. Proctor Lake, Texas. 

Sec. 3117. San Antonio Channel, San Antonio, Texas. 

Sec. 3118. James River, Virginia. 

Sec. 3119. Lee, Russell, Scott, Smyth, Tazewell, and Wise Counties, Virginia. 

Sec. 3120. Tangier Island Seawall, Virginia. 

Sec. 3121. Duwamish/Green, Washington. 

Sec. 3122. Yakima River, Port of Sunnyside, Washington. 

Sec. 3123. Greenbrier River Basin, West Virginia. 

Sec. 3124. Lesage/Greenbottom Swamp, West Virginia. 

Sec. 3125. Northern West Virginia. 

Sec. 3126. Manitowoc Harbor, Wisconsin. 

Sec. 3127. Mississippi River headwaters reservoirs. 

Sec. 3128. Continuation of project authorizations. 

Sec. 3129. Project reauthorizations. 

Sec. 3130. Project deauthorizations. 

Sec. 3131. Land conveyances. 

Sec. 3132. 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. Delaware River. 

Sec. 4006. Knik Arm, Cook Inlet, Alaska. 

Sec. 4007. Kuskokwim River, Alaska. 

Sec. 4008. St. George Harbor, Alaska. 

Sec. 4009. Susitna River, Alaska. 

Sec. 4010. Gila Bend, Maricopa, Arizona. 

Sec. 4011. Searcy County, Arkansas. 

Sec. 4012. Dry Creek Valley, California. 

Sec. 4013. Elkhorn Slough estuary, California. 

Sec. 4014. Fresno, Kings, and Kern Counties, California. 

Sec. 4015. Los Angeles River, California. 

Sec. 4016. Lytle Creek, Rialto, California. 

Sec. 4017. Mokelumne River, San Joaquin County, California. 

Sec. 4018. Napa River, St. Helena, California. 

Sec. 4019. Orick, California. 

Sec. 4020. Rialto, Fontana, and Colton, California. 

Sec. 4021. Sacramento River, California. 

Sec. 4022. San Diego County, California. 

Sec. 4023. San Francisco Bay, Sacramento-San Joaquin Delta, California. 
6 

HR 2864 PCS 

Sec. 4024. South San Francisco Bay shoreline study, California. 

Sec. 4025. Twentynine Palms, California. 

Sec. 4026. Yucca Valley, California. 

Sec. 4027. Boulder Creek, Boulder, Colorado. 

Sec. 4028. Roaring Fork River, Basalt, Colorado. 

Sec. 4029. Delaware and Christina Rivers and Shellpot Creek, Wilmington, 

Delaware. 

Sec. 4030. Collier County beaches, Florida. 

Sec. 4031. Vanderbilt Beach Lagoon, Florida. 

Sec. 4032. Meriwether County, Georgia. 

Sec. 4033. Tybee Island, Georgia. 

Sec. 4034. Kaukonahua-Helemano watershed, Oahu, Hawaii. 

Sec. 4035. West Maui, Maui, Hawaii. 

Sec. 4036. Boise River, Idaho. 

Sec. 4037. Ballard’s Island Side Channel, Illinois. 

Sec. 4038. Chicago, Illinois. 

Sec. 4039. South Branch, Chicago River, Chicago, Illinois. 

Sec. 4040. Utica, Illinois. 

Sec. 4041. Lake and Porter Counties, Indiana. 

Sec. 4042. Salem, Indiana. 

Sec. 4043. Buckhorn Lake, Kentucky. 

Sec. 4044. Dewey Lake, Kentucky. 

Sec. 4045. Louisville, Kentucky. 

Sec. 4046. Bastrop-Morehouse Parish, Louisiana. 

Sec. 4047. Offshore oil and gas fabrication ports, Louisiana. 

Sec. 4048. Vermilion River, Louisiana. 

Sec. 4049. West Feliciana Parish, Louisiana. 

Sec. 4050. Patapsco River, Maryland. 

Sec. 4051. Fall River Harbor, Massachusetts and Rhode Island. 

Sec. 4052. Hamburg and Green Oak Townships, Michigan. 

Sec. 4053. St. Clair River, Michigan. 

Sec. 4054. Duluth-Superior Harbor, Minnesota and Wisconsin. 

Sec. 4055. Wild Rice River, Minnesota. 

Sec. 4056. Mississippi coastal area, Mississippi. 

Sec. 4057. Northeast Mississippi. 

Sec. 4058. St. Louis, Missouri. 

Sec. 4059. Dredged material disposal, New Jersey. 

Sec. 4060. Bayonne, New Jersey. 

Sec. 4061. Carteret, New Jersey. 

Sec. 4062. Elizabeth River, Elizabeth, New Jersey. 

Sec. 4063. Gloucester County, New Jersey. 

Sec. 4064. Perth Amboy, New Jersey. 

Sec. 4065. Wreck Pond, Monmouth County, New Jersey. 

Sec. 4066. Batavia, New York. 

Sec. 4067. Big Sister Creek, Evans, New York. 

Sec. 4068. East Chester Bay, Turtle Cove, New York. 

Sec. 4069. Finger Lakes, New York. 

Sec. 4070. Hudson-Raritan Estuary, New York and New Jersey. 

Sec. 4071. Lake Erie Shoreline, Buffalo, New York. 

Sec. 4072. Newtown Creek, New York. 

Sec. 4073. Niagara River, New York. 

Sec. 4074. Shore Parkway Greenway, Brooklyn, New York. 

Sec. 4075. Upper Delaware River watershed, New York. 

Sec. 4076. Lincoln County, North Carolina. 

Sec. 4077. Wilkes County, North Carolina. 
7 

HR 2864 PCS 

Sec. 4078. Yadkinville, North Carolina. 

Sec. 4079. Cincinnati, Ohio. 

Sec. 4080. Euclid, Ohio. 

Sec. 4081. Lake Erie, Ohio. 

Sec. 4082. Ohio River, Ohio. 

Sec. 4083. Sutherlin, Oregon. 

Sec. 4084. Tillamook Bay and Bar, Oregon. 

Sec. 4085. Ecosystem restoration and fish passage improvements, Oregon. 

Sec. 4086. Walla Walla River Basin, Oregon. 

Sec. 4087. Chartiers Creek watershed, Pennsylvania. 

Sec. 4088. Kinzua Dam and Allegheny Reservoir, Pennsylvania. 

Sec. 4089. North Central Pennsylvania. 

Sec. 4090. Northampton and Lehigh Counties streams, Pennsylvania. 

Sec. 4091. Western Pennsylvania flood damage reduction. 

Sec. 4092. Williamsport, Pennsylvania. 

Sec. 4093. Yardley Borough, Pennsylvania. 

Sec. 4094. Rio Valenciano, Juncos, Puerto Rico. 

Sec. 4095. Crooked Creek, Bennettsville, South Carolina. 

Sec. 4096. Broad River, York County, South Carolina. 

Sec. 4097. Georgetown and Williamsburg Counties, South Carolina. 

Sec. 4098. Chattanooga, Tennessee. 

Sec. 4099. Cleveland, Tennessee. 

Sec. 4100. Cumberland River, Nashville, Tennessee. 

Sec. 4101. Lewis, Lawrence, and Wayne Counties, Tennessee. 

Sec. 4102. Wolf River and Nonconnah Creek, Memphis Tennessee. 

Sec. 4103. Abilene, Texas. 

Sec. 4104. Coastal Texas ecosystem protection and restoration, Texas. 

Sec. 4105. Fort Bend County, Texas. 

Sec. 4106. Harris County, Texas. 

Sec. 4107. Johnson Creek, Arlington, Texas. 

Sec. 4108. Port of Galveston, Texas. 

Sec. 4109. Roma Creek, Texas. 

Sec. 4110. Walnut Creek, Texas. 

Sec. 4111. Grand County and Moab, Utah. 

Sec. 4112. Southwestern Utah. 

Sec. 4113. Chowan River Basin, Virginia and North Carolina. 

Sec. 4114. James River, Richmond, Virginia. 

Sec. 4115. Elliott Bay Seawall, Seattle, Washington. 

Sec. 4116. Monongahela River Basin, Northern West Virginia. 

Sec. 4117. Kenosha Harbor, Wisconsin. 

Sec. 4118. 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. 
8 

HR 2864 PCS 

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

Sec. 5012. Great Lakes fishery and ecosystem restoration. 

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

Sec. 5014. Great Lakes tributary model. 

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

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

Sec. 5017. Chesapeake Bay oyster restoration. 

Sec. 5018. Hypoxia assessment. 

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

Sec. 5020. Lock and dam security. 

Sec. 5021. Rehabilitation. 

Sec. 5022. Research and development program for Columbia and Snake River 

Salmon survival. 

Sec. 5023. Wage surveys. 

Sec. 5024. Pinhook Creek, Huntsville, Alabama. 

Sec. 5025. Tallapoosa, Alabama. 

Sec. 5026. Alaska. 

Sec. 5027. Barrow, Alaska. 

Sec. 5028. Coffman Cove, Alaska. 

Sec. 5029. Fire Island, Alaska. 

Sec. 5030. Fort Yukon, Alaska. 

Sec. 5031. Kotzebue Harbor, Alaska. 

Sec. 5032. Lowell Creek Tunnel, Seward, Alaska. 

Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska. 

Sec. 5034. Tanana River, Alaska. 

Sec. 5035. Valdez, Alaska. 

Sec. 5036. Whittier, Alaska. 

Sec. 5037. Wrangell Harbor, Alaska. 

Sec. 5038. Augusta and Clarendon, Arkansas. 

Sec. 5039. Des Arc levee protection, Arkansas. 

Sec. 5040. Loomis Landing, Arkansas. 

Sec. 5041. St. Francis River Basin, Arkansas and Missouri. 

Sec. 5042. White River basin, Arkansas. 

Sec. 5043. Cambria, California. 

Sec. 5044. Contra Costa Canal, Oakley and Knightsen, California; Mallard 

Slough, Pittsburg, California. 

Sec. 5045. Dana Point Harbor, California. 

Sec. 5046. East San Joaquin County, California. 

Sec. 5047. Eastern Santa Clara Basin, California. 

Sec. 5048. LA–3 dredged material ocean disposal site designation, California. 

Sec. 5049. Lancaster, California. 

Sec. 5050. Ontario and Chino, California. 

Sec. 5051. Pine Flat Dam and Reservoir, California. 

Sec. 5052. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, 

California. 

Sec. 5053. Sacramento deep water ship channel, California. 

Sec. 5054. San Francisco, California. 

Sec. 5055. San Francisco, California, waterfront area. 

Sec. 5056. San Pablo Bay, California, watershed and Suisun Marsh ecosystem 

restoration. 

Sec. 5057. Santa Venetia, California. 

Sec. 5058. Stockton, California. 

Sec. 5059. Victor V. Veysey Dam, California. 
9 

HR 2864 PCS 

Sec. 5060. Whittier, California. 

Sec. 5061. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut. 

Sec. 5062. Christina River shipwreck, Delaware. 

Sec. 5063. Anacostia River, District of Columbia, Maryland, and Virginia. 

Sec. 5064. Florida Keys water quality improvements. 

Sec. 5065. Lake Worth, Florida. 

Sec. 5066. Lake Lanier, Georgia. 

Sec. 5067. Riley Creek Recreation Area, Idaho. 

Sec. 5068. Reconstruction of Illinois flood protection projects. 

Sec. 5069. Kaskaskia River Basin, Illinois, restoration. 

Sec. 5070. Floodplain mapping, Little Calumet River, Chicago, Illinois. 

Sec. 5071. Natalie Creek, Midlothian and Oak Forest, Illinois. 

Sec. 5072. Illinois River basin restoration. 

Sec. 5073. Promontory Point, Lake Michigan, Illinois. 

Sec. 5074. Southwest Illinois. 

Sec. 5075. Burns Waterway Harbor, Indiana. 

Sec. 5076. Calumet region, Indiana. 

Sec. 5077. Floodplain mapping, Missouri River, Iowa. 

Sec. 5078. Rathbun Lake, Iowa. 

Sec. 5079. Cumberland River basin, Kentucky. 

Sec. 5080. Louisville, Kentucky. 

Sec. 5081. Mayfield Creek and tributaries, Kentucky. 

Sec. 5082. North Fork, Kentucky River, Breathitt County, Kentucky. 

Sec. 5083. Paducah, Kentucky. 

Sec. 5084. Southern and eastern Kentucky. 

Sec. 5085. Winchester, Kentucky. 

Sec. 5086. Baton Rouge, Louisiana. 

Sec. 5087. Calcasieu Ship Channel, Louisiana. 

Sec. 5088. Cross Lake, Shreveport, Louisiana. 

Sec. 5089. Lake Pontchartrain, Louisiana. 

Sec. 5090. West Baton Rouge Parish, Louisiana. 

Sec. 5091. Charlestown, Maryland. 

Sec. 5092. Delmarva Conservation Corridor, Maryland and Delaware. 

Sec. 5093. Massachusetts dredged material disposal sites. 

Sec. 5094. Ontonagon Harbor, Michigan. 

Sec. 5095. St. Clair River and Lake St. Clair, Michigan. 

Sec. 5096. Crookston, Minnesota. 

Sec. 5097. Garrison and Kathio Township, Minnesota. 

Sec. 5098. Minneapolis, Minnesota. 

Sec. 5099. Northeastern Minnesota. 

Sec. 5100. Harrison, Hancock, and Jackson Counties, Mississippi. 

Sec. 5101. Mississippi River, Missouri, and Illinois. 

Sec. 5102. St. Louis, Missouri. 

Sec. 5103. Acid Brook, Pompton Lakes, New Jersey. 

Sec. 5104. Hackensack Meadowlands area, New Jersey. 

Sec. 5105. Central New Mexico, New Mexico. 

Sec. 5106. Atlantic Coast of New York. 

Sec. 5107. College Point, New York City, New York. 

Sec. 5108. Flushing Bay and Creek, New York City, New York. 

Sec. 5109. Hudson River, New York. 

Sec. 5110. Mount Morris Dam, New York. 

Sec. 5111. Onondaga Lake, New York. 

Sec. 5112. John H. Kerr Dam and Reservoir, North Carolina. 

Sec. 5113. Stanly County, North Carolina. 
10 

HR 2864 PCS 

Sec. 5114. W. Kerr Scott Dam and Reservoir, North Carolina. 

Sec. 5115. Ohio. 

Sec. 5116. Toussaint River, Ohio. 

Sec. 5117. Eugene, Oregon. 

Sec. 5118. John Day Lock and Dam, Lake Umatilla, Oregon and Washington. 

Sec. 5119. Lowell, Oregon. 

Sec. 5120. Allegheny County, Pennsylvania. 

Sec. 5121. Clinton County, Pennsylvania. 

Sec. 5122. Lehigh River, Lehigh County, Pennsylvania. 

Sec. 5123. Northeast Pennsylvania. 

Sec. 5124. Upper Susquehanna River Basin, Pennsylvania and New York. 

Sec. 5125. Cano Martin Pena, San Juan, Puerto Rico. 

Sec. 5126. Beaufort and Jasper Counties, South Carolina. 

Sec. 5127. East Tennessee. 

Sec. 5128. Fritz Landing, Tennessee. 

Sec. 5129. J. Percy Priest Dam and Reservoir, Tennessee. 

Sec. 5130. Town Creek, Lenoir City, Tennessee. 

Sec. 5131. Tennessee River partnership. 

Sec. 5132. Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi. 

Sec. 5133. Bosque River watershed, Texas. 

Sec. 5134. Dallas County region, Texas. 

Sec. 5135. Dallas Floodway, Dallas, Texas. 

Sec. 5136. Harris County, Texas. 

Sec. 5137. Onion Creek, Texas. 

Sec. 5138. Dyke Marsh, Fairfax County, Virginia. 

Sec. 5139. Eastern Shore and southwest Virginia. 

Sec. 5140. James River, Virginia. 

Sec. 5141. Baker Bay and Ilwaco Harbor, Washington. 

Sec. 5142. Hamilton Island campground, Washington. 

Sec. 5143. Puget Island, Washington. 

Sec. 5144. Willapa Bay, Washington. 

Sec. 5145. Bluestone, West Virginia. 

Sec. 5146. West Virginia and Pennsylvania flood control. 

Sec. 5147. Lower Kanawha River Basin, West Virginia. 

Sec. 5148. Central West Virginia. 

Sec. 5149. Southern West Virginia. 

Sec. 5150. Johnsonville Dam, Johnsonville, Wisconsin. 

Sec. 5151. Construction of flood control projects by non-Federal interests. 

Sec. 5152. Use of Federal hopper dredge fleet. 

Sec. 5153. Additional assistance for critical projects. 

TITLE VI—FLORIDA EVERGLADES 

Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. 

Sec. 6002. Pilot projects. 

Sec. 6003. Maximum cost of projects. 

Sec. 6004. Project authorization. 

Sec. 6005. Credit. 

Sec. 6006. Outreach and assistance. 

Sec. 6007. Critical restoration projects. 

Sec. 6008. Deauthorizations. 

Sec. 6009. Modified water delivery. 

TITLE VII—LOUISIANA COASTAL AREA 
11 

HR 2864 PCS 

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

8 otherwise provided in this section, the following projects 

9 for water resources development and conservation and 

10 other purposes are authorized to be carried out by the Sec11 retary substantially in accordance with the plans, and sub12 ject to the conditions, described in the respective reports 

13 designated in this section: 

14 (1) AKUTAN, ALASKA.— 

15 (A) IN GENERAL.—The project for naviga16 tion, Akutan, Alaska: Report of the Chief of 
12 

HR 2864 PCS 

1 Engineers dated December 20, 2004, at a total 

2 cost of $19,700,000. 

3 (B) TREATMENT OF CERTAIN DREDG4 ING.—The headlands dredging for the mooring 

5 basin shall be considered a general navigation 

6 feature for purposes of estimating the non-Fed7 eral share of the cost of the project. 

8 (2) HAINES SMALL BOAT HARBOR, HAINES, 

9 ALASKA.—The project for navigation, Haines Small 

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

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

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

13 $9,700,000 and an estimated non-Federal cost of 

14 $2,500,000. 

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

16 project for environmental restoration, Tanque Verde 

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

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

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

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

21 (4) VA SHLY’ AY AKIMEL, SALT RIVER RES22 TORATION, ARIZONA.—The project for ecosystem 

23 restoration, Va Shly’ Ay Akimel, Salt River, Ari24 zona: Report of the Chief of Engineers dated Janu25 ary 3, 2005, at a total cost of $138,968,000, with 
13 

HR 2864 PCS 

1 an estimated Federal cost of $90,129,000 and an es2 timated non-Federal cost of $48,839,000. 

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

4 for flood damage reduction and ecosystem restora5 tion, Hamilton City, California: Report of the Chief 

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

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

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

9 $17,600,000. 

10 (6) IMPERIAL BEACH, CALIFORNIA.—The 

11 project for storm damage reduction, Imperial Beach, 

12 California: Report of the Chief of Engineers, dated 

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

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

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

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

17 beach nourishment over the 50-year life of the 

18 project, with an estimated Federal cost of 

19 $19,002,000 and an estimated non-Federal cost of 

20 $19,002,000. 

21 (7) MATILIJA DAM, VENTURA COUNTY, CALI22 FORNIA.—The project for ecosystem restoration, 

23 Matilija Dam and Ventura River Watershed, Ven24 tura County, California: Report of the Chief of En25 gineers dated December 20, 2004, at a total cost of 
14 

HR 2864 PCS 

1 $130,335,000, with an estimated Federal cost of 

2 $78,973,000 and an estimated non-Federal cost of 

3 $51,362,000. 

4 (8) MIDDLE CREEK, LAKE COUNTY, CALI5 FORNIA.—The project for ecosystem restoration and 

6 flood damage reduction, Middle Creek, Lake County, 

7 California: Report of the Chief of Engineers dated 

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

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

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

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

12 (A) IN GENERAL.—The project for eco13 system restoration, Napa River Salt Marsh, 

14 Nap River, California: Report of the Chief of 

15 Engineers dated December 22, 2004, at a total 

16 cost of $100,500,000, with an estimated Fed17 eral cost of $64,000,000 and an estimated non18 Federal cost of $36,500,000. 

19 (B) PROJECT FEATURES.—In carrying out 

20 the project, the Secretary shall include con21 struction of a recycled water pipeline extending 

22 from the Sonoma Valley County Sanitation Dis23 trict Waste Water Treatment Plant and the 

24 Napa Sanitation District Waste Water Treat25 ment Plant as part of the project and restora-
15 

HR 2864 PCS 

1 tion and enhancement of Salt Ponds 1, 1A, 2, 

2 and 3. 

3 (10) SOUTH PLATTE RIVER, DENVER, COLO4 RADO.—The project for environmental restoration 

5 Denver County Reach, South Platte River, Denver, 

6 Colorado: Report of the Chief of Engineers, dated 

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

8 an estimated Federal cost of $12,236,000 and an es9 timated non-Federal cost of $6,588,000. 

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

11 FLORIDA.— 

12 (A) IN GENERAL.—The project for naviga13 tion, Miami Harbor, Miami-Dade County, Flor14 ida: Report of the Chief of Engineers dated 

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

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

17 and an estimated non-Federal cost of 

18 $56,284,000. 

19 (B) GENERAL REEVALUATION REPORT.— 

20 The non-Federal share of the cost of the gen21 eral reevaluation report that resulted in the re22 port of the Chief of Engineers referred to in 

23 subparagraph (A) shall be the same percentage 

24 as the non-Federal share of cost of construction 

25 of the project. 
16 

HR 2864 PCS 

1 (C) AGREEMENT.—The Secretary shall 

2 enter into a new partnership with the non-Fed3 eral interest to reflect the cost sharing required 

4 by subparagraph (B). 

5 (12) EAST ST. LOUIS AND VICINITY, ILLI6 NOIS.—The project for ecosystem restoration, East 

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

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

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

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

11 cost of $67,351,000. 

12 (13) PEORIA RIVERFRONT, ILLINOIS.—The 

13 project for environmental restoration, Peoria River14 front, Illinois: Report of the Chief of Engineers, 

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

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

17 an estimated non-Federal cost of $5,600,000. 

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

19 project for navigation, Bayou Sorrel Lock, Lou20 isiana: Report of the Chief of Engineers dated Janu21 ary 3, 2005, at a total cost of $9,000,000. The costs 

of construction of the project shall be paid 1 22 ⁄2 from 

23 amounts appropriated from the general fund of the 

Treasury and 1 24 ⁄2 from amounts appropriated from 

25 the Inland Waterways Trust Fund. 
17 

HR 2864 PCS 

1 (15) MORGANZA TO THE GULF OF MEXICO, 

2 LOUISIANA.— 

3 (A) IN GENERAL.—The project for hurri4 cane and storm damage reduction, Morganza to 

5 the Gulf of Mexico, Louisiana: Reports of the 

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

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

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

9 and an estimated non-Federal cost of 

10 $275,800,000. 

11 (B) CREDIT.—The Secretary shall credit 

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

13 project the cost of design and construction work 

14 carried out by the non-Federal interest before 

15 the date of the partnership agreement for the 

16 project if the Secretary determines that the 

17 work is integral to the project. 

18 (16) SWOPE PARK INDUSTRIAL AREA, MIS19 SOURI.—The project for flood damage reduction, 

20 Swope Park Industrial Area, Missouri: Report of the 

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

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

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

24 cost of $5,489,000. 
18 

HR 2864 PCS 

1 (17) MANASQUAN TO BARNEGAT INLET, NEW

2 JERSEY.—The project for hurricane and storm dam3 age reduction, Manasquan to Barnegat Inlet, New 

4 Jersey: Report of the Chief of Engineers dated De5 cember 30, 2003, at a total cost of $65,800,000, 

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

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

8 at an estimated total cost of $108,000,000 for peri9 odic beach nourishment over the 50-year life of the 

10 project, with an estimated Federal cost of 

11 $54,000,000 and an estimated non-Federal cost of 

12 $54,000,000. 

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

14 for hurricane and storm damage reduction and envi15 ronmental restoration, South River, New Jersey: Re16 port of the Chief of Engineers, dated July 22, 2003, 

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

18 Federal cost of $73,205,000 and an estimated non19 Federal cost of $39,418,000. 

20 (19) SOUTHWEST VALLEY, ALBUQUERQUE, NEW

21 MEXICO.—The project for flood damage reduction, 

22 Southwest Valley, Albuquerque, New Mexico: Report 

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

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

HR 2864 PCS 

1 Federal cost of $12,671,000 and an estimated non2 Federal cost of $6,823,000. 

3 (20) CORPUS CHRISTI SHIP CHANNEL, CORPUS

4 CHRISTI, TEXAS.—The project for navigation and 

5 environmental restoration, Corpus Christi Ship 

6 Channel, Texas, Channel Improvement Project: Re7 port of the Chief of Engineers dated June 2, 2003, 

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

9 Federal cost of $80,086,000 and an estimated non10 Federal cost of $92,823,000. 

11 (21) GULF INTRACOASTAL WATERWAY, HIGH

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

13 navigation, Gulf Intracoastal Waterway, Sabine 

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

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

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

project are to be paid 1 17 ⁄2 from amounts appropriated 

from the general fund of the Treasury and 1 18 ⁄2 from 

19 amounts appropriated from the Inland Waterways 

20 Trust Fund. 

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

22 navigation, Gulf Intracoastal Waterway, Brazos 

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

24 Texas: Report of the Chief of Engineers, dated De25 cember 24, 2002, at a total cost of $15,960,000. 
20 

HR 2864 PCS 

1 The costs of construction of the project are to be 

paid 1 2 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 3 ⁄2 from amounts appro4 priated from the Inland Waterways Trust Fund. 

5 (23) RIVERSIDE OXBOW, FORT WORTH, 

6 TEXAS.— 

7 (A) IN GENERAL.—The project for envi8 ronmental restoration, Riverside Oxbow, Fort 

9 Worth, Texas: Report of the Chief of Engineers 

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

11 $25,200,000, with an estimated Federal cost of 

12 $10,400,000 and an estimated non-Federal cost 

13 of $14,800,000. 

14 (B) CREDIT.—The Secretary shall credit 

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

16 project the cost of design and construction work 

17 carried out on the Beach Street Dam and asso18 ciated features by the non-Federal interest be19 fore the date of the partnership agreement for 

20 the project if the Secretary determines that the 

21 work is integral to the project. 

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

23 The project for the Atlantic Intracoastal Waterway 

24 Bridge Replacement, Deep Creek, Chesapeake, Vir-
21 

HR 2864 PCS 

1 ginia: Report of the Chief of Engineers, dated March 

2 3, 2003, at a Federal cost of $35,573,000. 

3 (25) CHEHALIS RIVER, CENTRALIA, WASH4 INGTON.— 

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

6 damage reduction, Chehalis River, Centralia, 

7 Washington: Report of the Chief of Engineers 

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

9 $109,850,000, with an estimated Federal cost 

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

11 cost of $43,425,000. 

12 (B) CREDIT.—The Secretary shall— 

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

14 non-Federal share of the cost of the 

15 project for the cost of planning and design 

16 work carried out by the non-Federal inter17 est in accordance with the project study 

18 plan dated November 28, 1999; and 

19 (ii) credit toward the non-Federal 

20 share of the cost of the project the cost of 

21 design and construction work carried out 

22 by the non-Federal interest before the date 

23 of the partnership agreement for the 

24 project if the Secretary determines that the 

25 work is integral to the project. 
22 

HR 2864 PCS 

1 (C) ADDITIONAL FLOOD STORAGE AT

2 SKOOKUMCHUCK DAM.—The Secretary shall in3 tegrate into the project the locally preferred 

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

5 storage capacity at Skookumchuck Dam, Wash6 ington, upon a determination by the Secretary 

7 that providing such additional storage capacity 

8 is feasible. 

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

10 following projects for water resources development and 

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

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

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

16 31, 2005: 

17 (1) DES MOINES/RACCOON RIVERS, IOWA.—The 

18 project for flood damage reduction, Des Moines/Rac19 coon Rivers, Iowa, at a total cost of $10,000,000, 

20 with an estimated Federal cost of $6,500,000 and 

21 an estimated non-Federal cost of $3,500,000. 

22 (2) PORT OF IBERIA, LOUISIANA.—The project 

23 for navigation, Port of Iberia, Louisiana, at a total 

24 cost of $194,000,000, with an estimated Federal 
23 

HR 2864 PCS 

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

2 cost of $71,000,000. 

3 (3) HUDSON-RARITAN ESTUARY, LIBERTY

4 STATE PARK, NEW JERSEY.—The project for envi5 ronmental restoration, Hudson-Raritan Estuary, 

6 Liberty State Park, New Jersey, at a total cost of 

7 $32,000,000, with an estimated Federal cost of 

8 $20,800,000 and an estimated non-Federal cost of 

9 $11,200,000. 

10 (4) RARITAN AND SANDY HOOK BAYS, UNION

11 BEACH, NEW JERSEY.—The project for hurricane 

12 and storm damage reduction, Raritan and Sandy 

13 Hook Bays, Union Beach, New Jersey, at a total 

14 cost of $99,095,000, with an estimated Federal cost 

15 of $64,412,000 and an estimated non-Federal cost 

16 of $34,683,000. 

17 (5) HOCKING RIVER, MONDAY CREEK SUB18 BASIN, OHIO.—The project for environmental res19 toration, Hocking River, Monday Creek Sub-basin, 

20 Ohio, at a total cost of $20,000,000, with an esti21 mated Federal cost of $17,000,000 and an esti22 mated non-Federal cost of $3,000,000. 

23 (6) PAWLEY’S ISLAND, SOUTH CAROLINA.—The 

24 project for hurricane and storm damage reduction, 

25 Pawley’s Island, South Carolina, at a total cost of 
24 

HR 2864 PCS 

1 $8,813,000, with an estimated Federal cost of 

2 $4,133,000 and an estimated non-Federal cost of 

3 $4,680,000. 

4 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC5 TION. 

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

7 study for each of the following projects and, if the Sec8 retary determines that a project is feasible, may carry out 

9 the project under section 205 of the Flood Control Act 

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

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

12 damage reduction, Haleyville, Alabama. 

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

14 damage reduction, Weiss Lake, Alabama. 

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

16 for flood damage reduction, Chino Valley Wash, Ari17 zona. 

18 (4) LITTLE COLORADO RIVER LEVEE, ARI19 ZONA.—Project for flood damage reduction, Little 

20 Colorado River Levee, Arizona. 

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

22 Project for flood damage reduction, Cache River 

23 Basin, Grubbs, Arkansas. 
25 

HR 2864 PCS 

1 (6) BARREL SPRINGS WASH, PALMDALE, CALI2 FORNIA.—Project for flood damage reduction, Barrel 

3 Springs Wash, Palmdale, California. 

4 (7) BORREGO SPRINGS, CALIFORNIA.—Project 

5 for flood damage reduction, Borrego Springs, Cali6 fornia. 

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

8 damage reduction, Colton, California. 

9 (9) DUNLAP STREAM, SAN BERNARDINO, CALI10 FORNIA.—Project for flood damage reduction, 

11 Dunlap Stream, San Bernardino, California. 

12 (10) HUNTS CANYON WASH, PALMDALE, CALI13 FORNIA.—Project for flood damage reduction, Hunts 

14 Canyon Wash, Palmdale, California. 

15 (11) WILDWOOD CREEK, YUCAIPA, CALI16 FORNIA.—Project for flood damage reduction, Wild17 wood Creek, Yucaipa, California. 

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

19 for flood damage reduction, Utica and vicinity, Illi20 nois. 

21 (13) SALEM, MASSACHUSETTS.—Project for 

22 flood damage reduction, Salem, Massachusetts. 

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

24 damage reduction, Cass River, Vassar and vicinity, 

25 Michigan. 
26 

HR 2864 PCS 

1 (15) CROW RIVER, ROCKFORD, MINNESOTA.— 

2 Project for flood damage reduction, Crow River, 

3 Rockford, Minnesota. 

4 (16) ITASCA COUNTY, MINNESOTA.—Project for 

5 flood damage reduction, Trout Lake and Canisteo 

6 Pit, Itasca County, Minnesota. 

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

8 flood damage reduction, Marsh Creek, Minnesota. 

9 (18) ROSEAU RIVER, ROSEAU, MINNESOTA.— 

10 Project for flood damage reduction, Roseau River, 

11 Roseau, Minnesota. 

12 (19) SOUTH BRANCH OF THE WILD RICE RIVER, 

13 BORUP, MINNESOTA.—Project for flood damage re14 duction, South Branch of the Wild Rice River, 

15 Borup, Minnesota. 

16 (20) BLACKSNAKE CREEK, ST. JOSEPH, MIS17 SOURI.—Project for flood damage reduction, Black18 snake Creek, St. Joseph, Missouri. 

19 (21) CANNISTEO RIVER, ADDISON, NEW

20 YORK.—Project for flood damage reduction, 

21 Cannisteo River, Addison, New York. 

22 (22) COHOCTON RIVER, CAMPBELL, NEW

23 YORK.—Project for flood damage reduction, 

24 Cohocton River, Campbell, New York. 
27 

HR 2864 PCS 

1 (23) DRY AND OTTER CREEKS, CORTLAND, NEW

2 YORK.—Project for flood damage reduction, Dry and 

3 Otter Creeks, Cortland, New York. 

4 (24) EAST RIVER, SILVER BEACH, NEW YORK

5 CITY, NEW YORK.—Project for flood damage reduc6 tion, East River, Silver Beach, New York City, New 

7 York. 

8 (25) EAST VALLEY CREEK, ANDOVER, NEW

9 YORK.—Project for flood damage reduction, East 

10 Valley Creek, Andover, New York. 

11 (26) SUNNYSIDE BROOK, WESTCHESTER COUN12 TY, NEW YORK.—Project for flood damage reduction, 

13 Sunnyside Brook, Westchester County, New York. 

14 (27) LITTLE YANKEE RUN, OHIO.—Project for 

15 flood damage reduction, Little Yankee Run, Ohio. 

16 (28) LITTLE NESHAMINY CREEK, WARRENTON, 

17 PENNSYLVANIA.—Project for flood damage reduc18 tion, Little Neshaminy Creek, Warrenton, Pennsyl19 vania. 

20 (29) SOUTHAMPTON CREEK WATERSHED, 

21 SOUTHAMPTON, PENNSYLVANIA.—Project for flood 

22 damage reduction, Southampton Creek watershed, 

23 Southampton, Pennsylvania. 

24 (30) SPRING CREEK, LOWER MACUNGIE TOWN25 SHIP, PENNSYLVANIA.—Project for flood damage re-
28 

HR 2864 PCS 

1 duction, Spring Creek, Lower Macungie Township, 

2 Pennsylvania. 

3 (31) YARDLEY AQUEDUCT, SILVER AND BROCK

4 CREEKS, YARDLEY, PENNSYLVANIA.—Project for 

5 flood damage reduction, Yardley Aqueduct, Silver 

6 and Brock Creeks, Yardley, Pennsylvania. 

7 (32) SURFSIDE BEACH, SOUTH CAROLINA.— 

8 Project for flood damage reduction, Surfside Beach 

9 and vicinity, South Carolina. 

10 (33) CONGELOSI DITCH, MISSOURI CITY, 

11 TEXAS.—Project for flood damage reduction, 

12 Congelosi Ditch, Missouri City, Texas. 

13 (34) DILLEY, TEXAS.—Project for flood dam14 age reduction, Dilley, Texas. 

15 (b) SPECIAL RULES.— 

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

17 The Secretary may proceed with the project for the 

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

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

20 located within the boundaries of the flood control 

21 project, Cache River Basin, Arkansas and Missouri, 

22 authorized by section 204 of the Flood Control Act 

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

24 of the Water Resources Development Act of 1974 

25 (88 Stat. 41). 
29 

HR 2864 PCS 

1 (2) WILDWOOD CREEK, YUCAIPA, CALI2 FORNIA.—The Secretary shall review the locally pre3 pared plan for the project for flood damage, Wild4 wood Creek, California, referred to in subsection 

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

6 plan meets the evaluation and design standards of 

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

8 the Secretary may use the plan to carry out the 

9 project and shall provide credit toward the non-Fed10 eral share of the cost of the project for the cost of 

11 work carried out by the non-Federal interest before 

12 the date of the partnership agreement for the 

13 project if the Secretary determines that the work is 

14 integral to the project. 

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

16 project for flood damage reduction, South Branch of 

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

18 in subsection (a)(19) the Secretary may consider na19 tional ecosystem restoration benefits in determining 

20 the Federal interest in the project and shall allow 

21 the non-Federal interest to participate in the financ22 ing of the project in accordance with section 903(c) 

23 of the Water Resources Development Act of 1986 

24 (100 Stat. 4184) to the extent that the Secretary’s 
30 

HR 2864 PCS 

1 evaluation indicates that applying such section is 

2 necessary to implement the project. 

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

4 out the project for flood damage reduction, Itasca 

5 County, Minnesota, referred to in subsection (a)(16) 

6 the Secretary may consider national ecosystem res7 toration benefits in determining the Federal interest 

8 in the project. 

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

10 out the project for flood damage reduction, Dilley, 

11 Texas, referred to in subsection (a)(34) if the Sec12 retary determines that the project is feasible. 

13 SEC. 1003. SMALL PROJECTS FOR EMERGENCY 

14 STREAMBANK PROTECTION. 

15 The Secretary shall conduct a study for each of the 

16 following projects and, if the Secretary determines that 

17 a project is feasible, may carry out the project under sec18 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 

19 701r): 

20 (1) OUACHITA AND BLACK RIVERS, ARKANSAS

21 AND LOUISIANA.—Projects for emergency 

22 streambank protection, Ouachita and Black Rivers, 

23 Arkansas and Louisiana. 

24 (2) FRANKLIN POINT PARK, ANNE ARUNDEL

25 COUNTY, MARYLAND.—Project for emergency 
31 

HR 2864 PCS 

1 streambank protection, Franklin Point Park, Anne 

2 Arundel County, Maryland. 

3 (3) MAYO BEACH PARK, ANNE ARUNDEL COUN4 TY, MARYLAND.—Project for emergency streambank 

5 protection, Mayo Beach Park, Anne Arundel County, 

6 Maryland. 

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

8 COUNTY, MARYLAND.—Project for emergency 

9 streambank protection, Piney Point Lighthouse, St. 

10 Mary’s County, Maryland. 

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

12 for emergency streambank protection, St. Joseph 

13 Harbor, Michigan. 

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

15 emergency streambank protection, Pug Hole Lake, 

16 Minnesota. 

17 (7) MIDDLE FORK GRAND RIVER, GENTRY

18 COUNTY, MISSOURI.—Project for emergency 

19 streambank protection, Middle Fork Grand River, 

20 Gentry County, Missouri. 

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

22 Project for emergency streambank protection, Platte 

23 River, Platte City, Missouri. 

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

25 Project for emergency streambank protection, Rush 
32 

HR 2864 PCS 

1 Creek, Parkville, Missouri, including measures to ad2 dress degradation of the creek bed. 

3 (10) DRY AND OTTER CREEKS, CORTLAND

4 COUNTY, NEW YORK.—Project for emergency 

5 streambank protection, Dry and Otter Creeks, 

6 Cortland County, New York. 

7 (11) KEUKA LAKE, HAMMONDSPORT, NEW

8 YORK.—Project for emergency streambank protec9 tion, Keuka Lake, Hammondsport, New York. 

10 (12) KOWAWESE UNIQUE AREA AND HUDSON

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

12 emergency streambank protection, Kowawese Unique 

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

14 (13) OWEGO CREEK, TIOGA COUNTY, NEW

15 YORK.—Project for emergency streambank protec16 tion, Owego Creek, Tioga County, New York. 

17 (14) HOWARD ROAD OUTFALL, SHELBY COUN18 TY, TENNESSEE.—Project for emergency 

19 streambank protection, Howard Road outfall, Shelby 

20 County, Tennessee. 

21 (15) MITCH FARM DITCH AND LATERAL D, 

22 SHELBY COUNTY, TENNESSEE.—Project for emer23 gency streambank protection, Mitch Farm Ditch and 

24 Lateral D, Shelby County, Tennessee. 
33 

HR 2864 PCS 

1 (16) WOLF RIVER TRIBUTARIES, SHELBY COUN2 TY, TENNESSEE.—Project for emergency 

3 streambank protection, Wolf River tributaries, Shel4 by County, Tennessee. 

5 (17) JOHNSON CREEK, ARLINGTON, TEXAS.— 

6 Project for emergency streambank protection, John7 son Creek, Arlington, Texas. 

8 (18) WELLS RIVER, NEWBURY, VERMONT.— 

9 Project for emergency streambank protection, Wells 

10 River, Newbury, Vermont. 

11 SEC. 1004. SMALL PROJECTS FOR NAVIGATION. 

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

13 study for each of the following projects and, if the Sec14 retary determines that a project is feasible, may carry out 

15 the project under section 107 of the River and Harbor 

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

17 (1) BLYTHEVILLE COUNTY HARBOR, ARKAN18 SAS.—Project for navigation, Blytheville County 

19 Harbor, Arkansas. 

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

21 for navigation, Mahukona Beach Park, Hawaii. 

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

23 for navigation, North Kohala Harbor in the vicinity 

24 of Kailua Kona, Hawaii. 
34 

HR 2864 PCS 

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. 
35 

HR 2864 PCS 

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 
36 

HR 2864 PCS 

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. 
37 

HR 2864 PCS 

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. 
38 

HR 2864 PCS 

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 
39 

HR 2864 PCS 

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. 
40 

HR 2864 PCS 

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-
41 

HR 2864 PCS 

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. 
42 

HR 2864 PCS 

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) NARROWS AND GRAVESEND BAY, UPPER

19 NEW YORK BAY, BROOKLYN, NEW YORK.—Project 

20 for shoreline protection in the vicinity of the con21 fluence of the Narrows and Gravesend Bay, Upper 

22 New York Bay, Shore Parkway Greenway, Brooklyn, 

23 New York. 

24 (6) DELAWARE RIVER, PHILADELPHIA NAVAL

25 SHIPYARD, PENNSYLVANIA.—Project for shoreline 
43 

HR 2864 PCS 

1 protection, Delaware River in the vicinity of the 

2 Philadelphia Naval Shipyard, Pennsylvania. 

3 (7) PORT ARANSAS, TEXAS.—Project for shore4 line protection, Port Aransas, Texas. 

5 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI6 MENT REMOVAL. 

7 The Secretary shall conduct a study for the following 

8 project and, if the Secretary determines that the project 

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

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

11 (33 U.S.C. 701g): Project for removal of snags and clear12 ing and straightening of channels for flood control, 

13 Kowawese Unique Area and Hudson River, New Windsor, 

14 New York. 

15 TITLE II—GENERAL PROVISIONS 

16 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 

17 Section 103 of the Water Resources Development Act 

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

19 end the following: 

20 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.— 

21 ‘‘(1) PROHIBITION ON SOLICITATION OF EX22 CESS CONTRIBUTIONS.—The Secretary may not so23 licit contributions from non-Federal interests for 

24 costs of constructing authorized water resources de25 velopment projects or measures in excess of the non- 
44 

HR 2864 PCS 

1 Federal share assigned to the appropriate project 

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

3 condition Federal participation in such projects or 

4 measures on the receipt of such contributions. 

5 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC6 TION.—Nothing in this subsection shall be construed 

7 to affect the Secretary’s authority under section 

8 903(c) of this Act.’’. 

9 SEC. 2002. HARBOR COST SHARING. 

10 (a) PAYMENTS DURING CONSTRUCTION.—Section 

11 101(a)(1) of the Water Resources Development Act of 

12 1986 (33 U.S.C. 2211(a)(1); 100 Stat. 4082) is amended 

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

14 feet’’ and inserting ‘‘53 feet’’. 

15 (b) OPERATION AND MAINTENANCE.—Section 

16 101(b)(1) of such Act (33 U.S.C. 2211(b)(1)) is amended 

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

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

19 U.S.C. 2241; 100 Stat. 4108) is amended in each of para20 graphs (1) and (3) by striking ‘‘45 feet’’ and inserting 

21 ‘‘53 feet’’. 

22 (d) APPLICABILITY.—The amendments made by sub23 sections (a), (b), and (c) shall apply only to a project, or 

24 separable element of a project, on which a contract for 
45 

HR 2864 PCS 

1 physical construction has not been awarded before October 

2 1, 2003. 

3 (e) REVISION OF PARTNERSHIP AGREEMENT.—The 

4 Secretary shall revise any partnership agreement entered 

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

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

7 to take into account the change in non-Federal participa8 tion in the project as a result of such amendments. 

9 SEC. 2003. FUNDING TO PROCESS PERMITS. 

10 Section 214 of the Water Resources Development Act 

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

12 1836) is amended— 

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

14 2001 through 2005, the’’ and inserting ‘‘The’’; and 

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

16 ‘‘(c) DURATION OF AUTHORITY.—The authority pro17 vided under this section shall be in effect from October 

18 1, 2000, through December 31, 2007.’’. 

19 SEC. 2004. NATIONAL SHORELINE EROSION CONTROL DE20 VELOPMENT AND DEMONSTRATION PRO21 GRAM. 

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

23 Act entitled ‘‘An Act authorizing Federal participation in 

24 the cost of protecting the shores of publicly owned prop-
46 

HR 2864 PCS 

1 erty’’, approved August 13, 1946 (33 U.S.C. 426h(a)), is 

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

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

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

6 and inserting ‘‘6 years’’. 

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

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

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

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

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

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

16 under the erosion control program in cooperation 

17 with the non-Federal interest. 

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

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

20 project, or an element of a project, constructed 

21 under the erosion control program if the Secretary 

22 determines during the term of the program that the 

23 project or element is detrimental to the environment, 

24 private property, or public safety.’’. 
47 

HR 2864 PCS 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

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

4 SEC. 2005. SMALL SHORE AND BEACH RESTORATION AND 

5 PROTECTION PROJECTS. 

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

7 Federal participation in the cost of protecting the shores 

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

9 (33 U.S.C. 426g), is amended by striking ‘‘$3,000,000’’ 

10 and inserting ‘‘$5,000,000’’. 

11 SEC. 2006. WRITTEN AGREEMENT FOR WATER RESOURCES 

12 PROJECTS. 

13 (a) PARTNERSHIP AGREEMENTS.—Section 221 of 

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

15 amended— 

16 (1) in subsection (a)— 

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

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

19 inserting ‘‘under any’’; 

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

22 party agrees to carry out its responsibilities and 

23 requirements for implementation or construc24 tion of’’; and 
48 

HR 2864 PCS 

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

4 or more parties to perform.’’; 

5 (2) by redesignating subsection (e) as sub6 section (f); and 

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

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

10 construed as limiting the authority of the Secretary to en11 sure that an agreement under this section meets all re12 quirements of law and policies of the Secretary in effect 

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

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

15 Water Resources Development Act of 1986 (101 Stat. 

16 4190) is amended— 

17 (1) in paragraph (2)— 

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

19 appears and inserting ‘‘may’’; and 

20 (B) by striking the last sentence; and 

21 (2) in paragraph (4)— 

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

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

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

25 imposed under this section,’’; and 
49 

HR 2864 PCS 

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

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

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

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

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

8 the district engineer for the district in which the project 

9 is located may amend a project partnership agreement en10 tered into on or before such date and under which con11 struction on the project has not been initiated as of such 

12 date of enactment for the purpose of incorporating such 

13 amendments. 

14 (d) PARTNERSHIP AND COOPERATIVE ARRANGE15 MENTS.— 

16 (1) IN GENERAL.—A goal of agreements en17 tered into under section 221 of the Flood Control 

18 Act of 1970 (42 U.S.C. 1962d–5(b)) shall be to fur19 ther partnership and cooperative arrangements, and 

20 the agreements shall be referred to as ‘‘partnership 

21 agreements’’. 

22 (2) REFERENCES TO COOPERATION AGREE23 MENTS.—Any reference in a law, regulation, docu24 ment, or other paper of the United States to a co25 operation agreement or project cooperation agree-
50 

HR 2864 PCS 

1 ment shall be considered to be a reference to a part2 nership agreement or a project partnership agree3 ment, respectively. 

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

6 or project partnership agreement in this Act (other 

7 than this section) shall be considered as a reference 

8 to a cooperation agreement or a project cooperation 

9 agreement, respectively. 

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

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

12 guidelines for partnership agreements that delegate to the 

13 district engineers, at a minimum— 

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

15 partnership agreement that has appeared in an 

16 agreement previously approved by the Secretary; 

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

18 partnership agreement the specific terms of which 

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

20 final environmental impact statement, or other final 

21 decision document for a water resources development 

22 project; 

23 (3) the authority to approve any partnership 

24 agreement that complies with the policies and guide25 lines issued by the Secretary; and 
51 

HR 2864 PCS 

1 (4) the authority to sign any partnership agree2 ment for any water resources development project 

3 unless, within 30 days of the date of authorization 

4 of the project, the Secretary notifies the district en5 gineer in which the project will be carried out that 

6 the Secretary wishes to retain the prerogative to 

7 sign the partnership agreement for that project. 

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

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

10 thereafter, the Secretary shall submit to Congress a report 

11 detailing the following: 

12 (1) the number of partnership agreements 

13 signed by district engineers and the number of part14 nership agreements signed by the Secretary, and 

15 (2) for any partnership agreement signed by 

16 the Secretary, an explanation of why delegation to 

17 the district engineer was not appropriate. 

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

19 120th day following the date of enactment of this Act, the 

20 Chief of Engineers shall ensure that each district engineer 

21 has made available on the Internet all partnership agree22 ments entered into under section 221 of the Flood Control 

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

24 10 years and all partnership agreements for water re25 sources development projects currently being carried out 
52 

HR 2864 PCS 

1 in that district and shall make any partnership agree2 ments entered into after such date of enactment available 

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

4 agreement is entered into. 

5 SEC. 2007. ASSISTANCE FOR REMEDIATION, RESTORATION, 

6 AND REUSE. 

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

8 State and local governments assessment, planning, and 

9 design assistance for remediation, environmental restora10 tion, or reuse of areas located within the boundaries of 

11 such State or local governments where such remediation, 

12 environmental restoration, or reuse will contribute to the 

13 improvement of water quality or the conservation of water 

14 and related resources of drainage basins and watersheds 

15 within the United States. 

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

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

18 shall be 50 percent. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

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

22 SEC. 2008. COMPILATION OF LAWS. 

23 Within one year after the date of enactment of this 

24 Act, the laws of the United States relating to the improve25 ment of rivers and harbors, flood control, beach erosion, 
53 

HR 2864 PCS 

1 and other water resources development enacted after No2 vember 8, 1966, and before January 1, 2006, shall be 

3 compiled under the direction of the Secretary and the 

4 Chief of Engineers and printed for the use of the Depart5 ment of the Army, Congress, and the general public. The 

6 Secretary shall reprint the volumes containing such laws 

7 enacted before November 8, 1966. In addition, the Sec8 retary shall include an index in each volume so compiled 

9 or reprinted. Not later than December 1, 2006, the Sec10 retary shall transmit at least 25 copies of each such vol11 ume to the Committee on Transportation and Infrastruc12 ture of the House of Representatives and the Committee 

13 on Environment and Public Works of the Senate. The Sec14 retary shall also ensure that such compilations are avail15 able through electronic means, including the Internet. 

16 SEC. 2009. DREDGED MATERIAL DISPOSAL. 

17 Section 217 of the Water Resources Development Act 

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

19 amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); 

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

24 ‘‘(c) GOVERNMENTAL PARTNERSHIPS.— 
54 

HR 2864 PCS 

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

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

4 group of projects within a geographic region if ap5 propriate, for the acquisition, design, construction, 

6 management, or operation of a dredged material 

7 processing, treatment, contaminant reduction, or 

8 disposal facility (including any facility used to dem9 onstrate potential beneficial uses of dredged mate10 rial, which may include effective sediment contami11 nant reduction technologies) using funds provided in 

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

13 more of the parties of the agreement may perform 

14 the acquisition, design, construction, management, 

15 or operation of a dredged material processing, treat16 ment, or disposal facility. If appropriate, the Sec17 retary may combine portions of separate construc18 tion or maintenance appropriations from separate 

19 Federal projects with the appropriate combined cost 

20 sharing between the various projects when the facil21 ity serves to manage dredged material from multiple 

22 Federal projects located in the geographic region of 

23 the facility. 

24 ‘‘(2) PUBLIC FINANCING.— 

25 ‘‘(A) AGREEMENTS.— 
55 

HR 2864 PCS 

1 ‘‘(i) SPECIFIED FEDERAL FUNDING

2 SOURCES AND COST SHARING.—The cost3 sharing agreement used shall clearly speci4 fy the Federal funding sources and com5 bined cost sharing when applicable to mul6 tiple Federal navigation projects and the 

7 responsibilities and risks of each of the 

8 parties related to present and future 

9 dredged material managed by the facility. 

10 ‘‘(ii) MANAGEMENT OF SEDIMENTS.— 

11 The cost-sharing agreement may include 

12 the management of sediments from the 

13 maintenance dredging of Federal naviga14 tion projects that do not have partnership 

15 agreements. The cost-sharing agreement 

16 may allow the non-Federal sponsor to re17 ceive reimbursable payments from the Fed18 eral Government for commitments made by 

19 the sponsor for disposal or placement ca20 pacity at dredged material treatment, proc21 essing, contaminant reduction, or disposal 

22 facilities. 

23 ‘‘(iii) CREDIT.—The cost-sharing 

24 agreement may allow costs incurred prior 

25 to execution of a partnership agreement 
56 

HR 2864 PCS 

1 for construction or the purchase of equip2 ment or capacity for the project to be cred3 ited according to existing cost-sharing 

4 rules. 

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

6 supersedes or modifies existing agreements be7 tween the Federal Government and any non8 Federal sponsors for the cost sharing, construc9 tion, and operation and maintenance of Federal 

10 navigation projects. Subject to the approval of 

11 the Secretary and in accordance with existing 

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

13 public sponsor of a Federal navigation project 

14 may seek credit for funds provided in the acqui15 sition, design, construction, management, or op16 eration of a dredged material processing, treat17 ment, or disposal facility to the extent the facil18 ity is used to manage dredged material from 

19 the Federal navigation project. The non-Federal 

20 sponsor shall be responsible for providing all 

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

22 relocations associated with the facility and shall 

23 receive credit for these items.’’; and 

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

25 as so redesignated— 
57 

HR 2864 PCS 

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

2 ‘‘operation’’; and 

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

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

5 appears. 

6 SEC. 2010. WETLANDS MITIGATION. 

7 In carrying out a water resources project that in8 volves wetlands mitigation and that has impacts that occur 

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

10 to the maximum extent practicable and where appropriate, 

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

12 the bank contains sufficient available credits to offset the 

13 impact and the bank is approved in accordance with the 

14 Federal Guidance for the Establishment, Use and Oper15 ation of Mitigation Banks (60 Fed. Reg. 58605) or other 

16 applicable Federal law (including regulations). 

17 SEC. 2011. REMOTE AND SUBSISTENCE HARBORS. 

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

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

21 the project is justified solely by national economic develop22 ment benefits if the Secretary determines that— 

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

24 project is at least 70 miles from the nearest surface 

25 accessible commercial port and has no direct rail or 
58 

HR 2864 PCS 

1 highway link to another community served by a sur2 face accessible port or harbor; or 

3 (B) the project would be located in the Com4 monwealth of Puerto Rico, Guam, the Common5 wealth of the Northern Mariana Islands, or Amer6 ican Samoa; 

7 (2) the harbor is economically critical such that 

8 over 80 percent of the goods transported through 

9 the harbor would be consumed within the community 

10 served by the harbor and navigation improvement; 

11 and 

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

13 would be threatened without the harbor and naviga14 tion improvement. 

15 (b) JUSTIFICATION.—In considering whether to rec16 ommend a project under subsection (a), the Secretary 

17 shall consider the benefits of the project to— 

18 (1) public health and safety of the local commu19 nity, including access to facilities designed to protect 

20 public health and safety; 

21 (2) access to natural resources for subsistence 

22 purposes; 

23 (3) local and regional economic opportunities; 

24 (4) welfare of the local population; and 

25 (5) social and cultural value to the community. 
59 

HR 2864 PCS 

1 SEC. 2012. BENEFICIAL USES OF DREDGED MATERIAL. 

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

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

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

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

9 of an authorized water resources project at locations se10 lected by a non-Federal entity for use in the construction, 

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

15 supply, recreation, hurricane and storm damage reduction, 

16 aquatic plant control, and environmental protection and 

17 restoration. 

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

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

24 operation, maintenance, replacement, and rehabilitation of 

25 the project in accordance with section 103 of the Water 

26 Resources Development Act of 1986 (33 U.S.C. 2213). 
60 

HR 2864 PCS 

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

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

3 protection, restoration, or creation of aquatic and eco4 logically related habitat, the cost of which does not exceed 

5 $750,000 and which will be located in a disadvantaged 

6 community as determined by the Secretary, may be car7 ried out at Federal expense. 

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

9 Costs associated with construction of a project under this 

10 section shall be limited solely to construction costs that 

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

12 dredging for construction, operation, or maintenance of 

13 the authorized water resources project in the most cos14 effective way, consistent with economic, engineering, and 

15 environmental criteria. 

16 ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH17 OD.—In developing and carrying out a water resources 

18 project involving the disposal of sediment, the Secretary 

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

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

21 Secretary determines that the incremental costs of such 

22 disposal method are reasonable in relation to the environ23 mental benefits, including the benefits to the aquatic envi24 ronment to be derived from the creation of wetlands and 

25 control of shoreline erosion. The Federal share of such in-
61 

HR 2864 PCS 

1 cremental costs shall be determined in accordance with 

2 subsections (d) and (f). 

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

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

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

7 the consent of the affected local government. 

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

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

10 projects under this section of which not more than 

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

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

14 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN15 NING.—In consultation with appropriate State and Fed16 eral agencies, the Secretary may develop, at Federal ex17 pense, plans for regional management of sediment ob18 tained in conjunction with the construction, operation, or 

19 maintenance of water resources projects, including poten20 tial beneficial uses of sediment for construction, repair, or 

21 rehabilitation of public projects for navigation, flood dam22 age reduction, hydroelectric power, municipal and indus23 trial water supply, agricultural water supply, recreation, 

24 hurricane and storm damage reduction, aquatic plant con25 trol, and environmental protection and restoration. 
62 

HR 2864 PCS 

1 ‘‘(k) USE OF FUNDS.— 

2 ‘‘(1) NON-FEDERAL INTEREST.—The non-Fed3 eral interest for a project described in this section 

4 may use, and the Secretary shall accept, funds pro5 vided under any other Federal program, to satisfy, 

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

7 cost of such project if such funds are authorized to 

8 be used to carry out such project. 

9 ‘‘(2) OTHER FEDERAL AGENCIES.—The non10 Federal share of the cost of construction of a project 

11 under this section may be met through contributions 

12 from a Federal agency made directly to the Sec13 retary, with the consent of the affected local govern14 ment, if such funds are authorized to be used to 

15 carry out such project. Before initiating a project to 

16 which this paragraph applies, the Secretary shall 

17 enter into an agreement with a non-Federal interest 

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

19 percent of the cost of operation, maintenance, re20 placement, and rehabilitation of the project.’’. 

21 (b) REPEAL.— 

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

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

24 426j) is repealed. 
63 

HR 2864 PCS 

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

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

3 Secretary to complete any project being carried out 

4 under such section 145 on the day before the date 

5 of enactment of this Act. 

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

7 of the Water Resources Development Act of 1992 (33 

8 U.S.C. 2326), the Secretary shall give priority to the fol9 lowing: 

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

11 Arkansas. 

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

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

14 Channel, Louisiana. 

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

16 Park Pavilion and the TWA Flight 800 Memorial, 

17 Brookhaven, New York. 

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

19 North Carolina. 

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

21 Texas. 
64 

HR 2864 PCS 

1 SEC. 2013. COST-SHARING PROVISIONS FOR CERTAIN 

2 AREAS. 

3 Section 1156 of the Water Resources Development 

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

5 to read as follows: 

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

7 AREAS. 

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

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

10 and projects in the Commonwealth of Puerto Rico, Amer11 ican Samoa, Guam, the Commonwealth of the Northern 

12 Mariana Islands, and the United States Virgin Islands, 

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

14 United States Code, and including lands that are within 

15 the jurisdictional area of an Oklahoma Indian tribe, as 

16 determined by the Secretary of the Interior, and are recog17 nized by the Secretary of the Interior as eligible for trust 

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

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

20 an Alaska Native Regional Corporation or an Alaska Na21 tive Village Corporation (as those terms are defined in the 

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

23 seq.)) or the Metlakatla Indian community. 

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

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

26 may use, and the Secretary shall accept, funds provided 
65 

HR 2864 PCS 

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

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

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

4 study or project.’’. 

5 SEC. 2014. REVISION OF PROJECT PARTNERSHIP AGREE6 MENT. 

7 Upon authorization by law of an increase in the max8 imum amount of Federal funds that may be allocated for 

9 a project or an increase in the total cost of a project au10 thorized to be carried out by the Secretary, the Secretary 

11 shall revise the project partnership agreement for the 

12 project to take into account the change in Federal partici13 pation in the project. 

14 SEC. 2015. COST SHARING. 

15 An increase in the maximum amount of Federal 

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

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

18 by the Secretary shall not affect any cost-sharing require19 ment applicable to the project under title I of the Water 

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

21 seq.). 

22 SEC. 2016. CREDIT FOR WORK PERFORMED BEFORE PART23 NERSHIP AGREEMENT. 

24 If the Secretary is authorized to credit toward the 

25 non-Federal share the cost of work carried out by the non- 
66 

HR 2864 PCS 

1 Federal interest before the date of the partnership agree2 ment for the project and such work has not been carried 

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

4 shall enter into an agreement with the non-Federal inter5 est for the project under which the non-Federal interest 

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

7 to work carried out under the agreement. 

8 SEC. 2017. RECREATION USER FEE REVENUES. 

9 Section 225 of the Water Resources Development Act 

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

11 (1) in subsection (a)(1)— 

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

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

14 (B) by striking ‘‘$34,000,000’’ and insert15 ing ‘‘$42,000,000’’; and 

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

17 30, 2005’’ and inserting ‘‘expended’’. 

18 SEC. 2018. EXPEDITED ACTIONS FOR EMERGENCY FLOOD 

19 DAMAGE REDUCTION. 

20 The Secretary shall expedite any authorized planning, 

21 design, and construction of any project for flood damage 

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

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

24 life and caused damage of sufficient severity and mag25 nitude to warrant a declaration of a major disaster by the 
67 

HR 2864 PCS 

1 President under the Robert T. Stafford Disaster and 

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

3 SEC. 2019. WATERSHED AND RIVER BASIN ASSESSMENTS. 

4 (a) IN GENERAL.—Section 729 of the Water Re5 sources Development Act of 1986 (33 U.S.C. 2267a; 114 

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

7 (1) in subsection (d)— 

8 (A) by striking ‘‘and’’ at the end of para9 graph (4); 

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

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

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

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

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

15 Counties, Washington; 

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

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

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

19 and inserting the following: 

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

21 share of the costs of an assessment carried out 

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

23 shall be 25 percent.’’; and 

24 (3) by striking subsection (g). 
68 

HR 2864 PCS 

1 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

2 Secretary shall revise the partnership agreement for any 

3 assessment being carried out under such section 729 to 

4 take into account the change in non-Federal participation 

5 in the assessment as a result of the amendments made 

6 by subsection (a). 

7 SEC. 2020. TRIBAL PARTNERSHIP PROGRAM. 

8 (a) SCOPE.—Section 203(b)(1)(B) of the Water Re9 sources Development Act of 2000 (33 U.S.C. 

10 2269(b)(1)(B); 114 Stat. 2589) is amended by inserting 

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

12 are within the jurisdictional area of an Oklahoma Indian 

13 tribe, as determined by the Secretary of the Interior, and 

14 are recognized by the Secretary of the Interior as eligible 

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

16 Federal Regulations’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 203(e) of such Act is amended by striking ‘‘2006’’ and 

19 inserting ‘‘2010’’. 

20 SEC. 2021. WILDFIRE FIREFIGHTING. 

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

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

23 Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’. 
69 

HR 2864 PCS 

1 SEC. 2022. CREDIT FOR NONCONSTRUCTION SERVICES. 

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

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

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

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

8 carrying out the project. 

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

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

12 project costs; 

13 (2) shall not alter any other requirements that 

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

16 areas for the project; 

17 (3) shall not exceed the actual and reasonable 

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

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

21 (4) shall not be allowed unless the Secretary 

22 has determined that such materials or services are 

23 integral to the project. 

24 SEC. 2023. TECHNICAL ASSISTANCE. 

25 Section 22 of the Water Resources Development Act 

26 of 1974 (42 U.S.C. 1962d–16) is amended— 
70 

HR 2864 PCS 

1 (1) in subsection (a) by striking ‘‘The Sec2 retary’’ and inserting the following: 

3 ‘‘(a) FEDERAL STATE COOPERATION.— 

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

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

8 ‘‘(2) TECHNICAL ASSISTANCE.— 

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

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

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

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

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

19 and analyses.’’; 

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

22 (a)(1)’’; 

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

24 2 of the’’ and inserting ‘‘The’’; 
71 

HR 2864 PCS 

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

2 and inserting the following: 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 There is’’; 

6 (6) in subsection (c)(1) (as designated by para7 graph (5))— 

8 (A) by striking ‘‘the provisions of this sec9 tion’’ and inserting ‘‘subsection (a)(1);’’; and 

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

11 ‘‘$1,000,000’’; 

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

13 following: 

14 ‘‘(2) TECHNICAL ASSISTANCE.—There is au15 thorized to be appropriated $5,000,000 annually to 

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

17 $2,000,000 annually may be used by the Secretary 

18 to enter into cooperative agreements with nonprofit 

19 organizations to provide assistance to rural and 

20 small communities.’’; 

21 (8) by redesignating subsection (d) as sub22 section (e); and 

23 (9) by inserting after subsection (c) the fol24 lowing: 
72 

HR 2864 PCS 

1 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI2 TIES.—Concurrent with the President’s submission to 

3 Congress of the President’s request for appropriations for 

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

5 shall submit to the Committee on Transportation and In6 frastructure of the House of Representatives and the Com7 mittee on Environment and Public Works of the Senate 

8 a report describing the individual activities proposed for 

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

10 SEC. 2024. COORDINATION AND SCHEDULING OF FEDERAL, 

11 STATE, AND LOCAL ACTIONS. 

12 (a) NOTICE OF INTENT.—Upon request of the non13 Federal interest in the form of a written notice of intent 

14 to construct or modify a non-Federal water supply, waste15 water infrastructure, flood damage reduction, storm dam16 age reduction, ecosystem restoration, or navigation project 

17 that requires the approval of the Secretary, the Secretary 

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

19 establish a schedule for consolidating Federal, State, and 

20 local agency and Indian tribe environmental assessments, 

21 project reviews, and issuance of all permits for the con22 struction or modification of the project. The non-Federal 

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

24 intent, studies and documentation, including environ25 mental reviews, that may be required by Federal law for 
73 

HR 2864 PCS 

1 decisionmaking on the proposed project. All States and In2 dian tribes having jurisdiction over the proposed project 

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

4 to participate in carrying out this section with respect to 

5 the project. 

6 (b) PROCEDURAL REQUIREMENTS.—Within 15 days 

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

8 shall publish such notice in the Federal Register. The Sec9 retary also shall provide written notification of the receipt 

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

11 agencies and Indian tribes that may be required to issue 

12 permits for the construction of the project or related ac13 tivities. The Secretary shall solicit the cooperation of those 

14 agencies and request their entry into a memorandum of 

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

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

17 the Federal Register, State and local agencies and Indian 

18 tribes that intend to enter into the memorandum of agree19 ment with respect to the project shall notify the Secretary 

20 of their intent in writing. 

21 (c) SCHEDULING AGREEMENT.—Within 90 days 

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

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

24 the Secretary of Commerce, and the Administrator of the 

25 Environmental Protection Agency, as necessary, and any 
74 

HR 2864 PCS 

1 State or local agencies that have notified the Secretary 

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

3 the Secretary establishing a schedule of decisionmaking 

4 for approval of the project and permits associated with 

5 the project and with related activities. 

6 (d) CONTENTS OF AGREEMENT.—An agreement en7 tered into under subsection (c) with respect to a project, 

8 to the extent practicable, shall consolidate hearing and 

9 comment periods, procedures for data collection and re10 port preparation, and the environmental review and per11 mitting processes associated with the project and related 

12 activities. The agreement shall detail, to the extent pos13 sible, the non-Federal interest’s responsibilities for data 

14 development and information that may be necessary to 

15 process each permit required for the project, including a 

16 schedule when the information and data will be provided 

17 to the appropriate Federal, State, or local agency or In18 dian tribe. 

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

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

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

22 the non-Federal interest the minimum amount of addi23 tional time necessary to revise its original application to 

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

25 or Indian tribe that is a party to the agreement. 
75 

HR 2864 PCS 

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

2 of a schedule established by an agreement entered into 

3 under subsection (c) with respect to a project, the Sec4 retary shall notify the non-Federal interest of the final de5 cision on the project and whether the permit or permits 

6 have been issued. 

7 (g) REIMBURSEMENT.— 

8 (1) COSTS OF COORDINATION.—The costs in9 curred by the Secretary to establish and carry out 

10 a schedule to consolidate Federal, State, and local 

11 agency and Indian tribe environmental assessments, 

12 project reviews, and permit issuance for a project 

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

14 interest. 

15 (2) COSTS INCURRED TO EXPEDITE PERMITS

16 AND REVIEWS.— 

17 (A) ACCEPTANCE OF NON-FEDERAL

18 FUNDS.—The Secretary may accept funds from 

19 the non-Federal interest to hire additional staff 

20 or obtain the services of consultants, or to pro21 vide financial, technical, and administrative 

22 support to agencies that have entered into an 

23 agreement with the Secretary under subsection 

24 (c) with respect to a project in order to facili25 tate the timely processing, review, and comple-
76 

HR 2864 PCS 

1 tion of applicable Federal, State, and local 

2 agency and Indian tribe environmental assess3 ments, project reviews, and permits for the 

4 project. 

5 (B) USE OF FUNDS.—Funds accepted 

6 under this paragraph shall be used to supple7 ment existing resources of the Secretary or a 

8 participating agency. 

9 (C) ASSURANCE OF LEVEL OF SERVICE

10 AND IMPARTIALITY.—The Secretary shall en11 sure that the Department of the Army and any 

12 participating agency that accepts funds under 

13 this paragraph shall continue to provide the 

14 same level of service to other projects and other 

15 responsibilities not covered by this section as it 

16 would provide, notwithstanding any activities 

17 carried out under this section, and that accept18 ance of such funds will not impact impartial de19 cisionmaking either substantively or proce20 durally. 

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

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

23 the Secretary shall prepare and transmit to Congress a 

24 report estimating the time required for the issuance of all 

25 Federal, State, local, and tribal permits for the construc-
77 

HR 2864 PCS 

1 tion of non-Federal projects for water supply, wastewater 

2 infrastructure, flood damage reduction, storm damage re3 duction, ecosystem restoration, and navigation. The Sec4 retary shall include in that report recommendations for 

5 further reducing the amount of time required for the 

6 issuance of those permits, including any proposed changes 

7 in existing law. 

8 SEC. 2025. PROJECT STREAMLINING. 

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

10 projects are important to the Nation’s economy and envi11 ronment, and recommendations to Congress regarding 

12 such projects should not be delayed due to uncoordinated 

13 and sequential environmental reviews or the failure to 

14 timely resolve disputes during the development of water 

15 resources projects. 

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

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

18 a feasibility report under section 905 of the Water Re19 sources Development Act of 1986 (33 U.S.C. 2282), or 

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

21 Secretary determines that such study requires an environ22 mental impact statement under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
78 

HR 2864 PCS 

1 (c) WATER RESOURCES PROJECT REVIEW PROC2 ESS.—The Secretary shall develop and implement a co3 ordinated review process for water resources projects. 

4 (d) COORDINATED REVIEWS.— 

5 (1) IN GENERAL.—The coordinated review proc6 ess under this section shall provide that all environ7 mental reviews, analyses, opinions, permits, licenses, 

8 and approvals that must be issued or made by a 

9 Federal, State, or local government agency or Indian 

10 tribe for a water resources project will be conducted 

11 concurrently, to the maximum extent practicable, 

12 and completed within a time period established by 

13 the Secretary, in cooperation with the agencies iden14 tified under subsection (e) with respect to the 

15 project. 

16 (2) AGENCY PARTICIPATION.—Each Federal 

17 agency identified under subsection (e) shall formu18 late and implement administrative, policy, and pro19 cedural mechanisms to enable the agency to ensure 

20 completion of environmental reviews, analyses, opin21 ions, permits, licenses, and approvals described in 

22 paragraph (1) in a timely and environmentally re23 sponsible manner. 

24 (e) IDENTIFICATION OF JURISDICTIONAL AGEN25 CIES.—With respect to each water resources project, the 
79 

HR 2864 PCS 

1 Secretary shall identify, as soon as practicable, all Fed2 eral, State, and local government agencies and Indian 

3 tribes that may have jurisdiction over environmental-re4 lated matters that may be affected by the project or may 

5 be required by law to conduct an environmental-related 

6 review or analysis of the project or determine whether to 

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

8 for the project. 

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

10 process is being implemented under this section by the 

11 Secretary with respect to a water resources project within 

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

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

14 that all State agencies that have jurisdiction over environ15 mental-related matters that may be affected by the project 

16 or may be required by law to conduct an environmental17 related review or analysis of the project or determine 

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

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

20 (g) MEMORANDUM OF UNDERSTANDING.—The co21 ordinated review process developed under this section may 

22 be incorporated into a memorandum of understanding for 

23 a project between the Secretary and the heads of other 

24 Federal, State, and local government agencies and Indian 
80 

HR 2864 PCS 

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

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

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

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

5 the Secretary determines that a Federal, State, or 

6 local government agency, Indian tribe, or non-Fed7 eral interest that is participating in a coordinated 

8 review process under this section with respect to a 

9 project has not met a deadline established under 

10 subsection (d) for the project, the Secretary shall no11 tify, within 30 days of the date of such determina12 tion, the Committee on Transportation and Infra13 structure of the House of Representatives, the Com14 mittee on Environment and Public Works of the 

15 Senate, the Council on Environmental Quality, and 

16 the agency, Indian tribe, or non-Federal interest in17 volved about the failure to meet the deadline. 

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

19 after the date of receipt of a notice under paragraph 

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

21 Indian tribe, or non-Federal interest involved shall 

22 submit a report to the Secretary, the Committee on 

23 Transportation and Infrastructure of the House of 

24 Representatives, the Committee on Environment and 

25 Public Works of the Senate, and the Council on En-
81 

HR 2864 PCS 

1 vironmental Quality explaining why the agency, In2 dian tribe, or non-Federal interest did not meet the 

3 deadline and what actions it intends to take to com4 plete or issue the required review, analysis, opinion, 

5 permit, license, or approval. 

6 (i) PURPOSE AND NEED AND DETERMINATION OF

7 REASONABLE ALTERNATIVES.— 

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

9 Federal agency that is responsible for carrying out 

10 a study to which this section applies and its associ11 ated process for meeting the requirements of the 

12 National Environmental Policy Act of 1969 (42 

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

14 expertise in water resources development, the Sec15 retary, in carrying out such study and process, 

16 shall— 

17 (A) define the purpose and need for the 

18 proposed water resources project; and 

19 (B) determine which alternatives are rea20 sonable and may be reasonably anticipated to 

21 meet project purposes and needs. 

22 (2) STREAMLINING STUDY.—To streamline a 

23 study to which this section applies and its associated 

24 process for meeting the requirements of the National 

25 Environmental Policy Act of 1969 (42 U.S.C. 4321 
82 

HR 2864 PCS 

1 et seq.), the Secretary may eliminate from consider2 ation any alternatives the Secretary determines are 

3 not reasonable or are not reasonably anticipated to 

4 meet project purposes and needs. 

5 (j) SOLICITATION AND CONSIDERATION OF COM6 MENTS.—In applying subsection (i), the Secretary shall 

7 solicit, consider, and respond to comments from interested 

8 persons and governmental entities. 

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

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

11 shall develop and publish a list of categorical exclusions 

12 from the requirement that an environmental assessment 

13 or an environmental impact statement be prepared under 

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

15 4321 et seq.) for water resources projects. 

16 (l) LIMITATIONS.—Nothing in this section shall pre17 empt or interfere with— 

18 (1) any practice of seeking public comment; 

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

20 Federal, State, or local government agency, Indian 

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

22 carrying out a water resources project; or 

23 (3) any obligation to comply with the provisions 

24 of the National Environmental Policy Act of 1969 

25 (42 U.S.C. 4371 et seq.) and the regulations issued 
83 

HR 2864 PCS 

1 by the Council on Environmental Quality to carry 

2 out such Act. 

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

4 of enactment of this Act, the Chief of Engineers shall es5 tablish benchmarks for determining the length of time it 

6 should take to conduct a feasibility study for a water re7 sources development project and its associated review 

8 process under the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4371 et seq.). Benchmarks may be estab10 lished for activities based on project type, size, cost, and 

11 complexity. The Chief of Engineers shall use such bench12 marks as a management tool to make the feasibility study 

13 process more efficient in all districts of the Army Corps 

14 of Engineers. 

15 SEC. 2026. LAKES PROGRAM. 

16 Section 602(a) of the Water Resources Development 

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

18 295) is amended— 

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

20 (2) by striking the period at the end of para21 graph (19) and inserting a semicolon; and 

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

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

24 removal of silt and aquatic growth and measures to 

25 address excessive sedimentation; 
84 

HR 2864 PCS 

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

2 New Jersey, removal of silt and measures to address 

3 water quality; 

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

5 Jersey, removal of silt and restoration of structural 

6 integrity; 

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

8 Jersey, removal of silt and aquatic growth; 

9 ‘‘(24) Lake Rodgers, Creedmoor, North Caro10 lina, removal of silt and excessive nutrients and res11 toration of structural integrity; and 

12 ‘‘(25) Lake Luxembourg, Pennsylvania.’’. 

13 SEC. 2027. MITIGATION FOR FISH AND WILDLIFE LOSSES. 

14 (a) MITIGATION PLAN CONTENTS.—Section 906(d) 

15 of the Water Resources Development Act of 1986 (33 

16 U.S.C. 2283(d)) is amended by adding at the end the fol17 lowing: 

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 
85 

HR 2864 PCS 

1 detailing the rationale for undertaking the miti2 gation outside of the watershed; 

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

4 in lands to be acquired for mitigation and the 

5 basis for a determination that such lands are 

6 available for acquisition; 

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

8 of the habitat being restored; 

9 ‘‘(D) success criteria for mitigation based 

10 on replacement of lost functions and values of 

11 the habitat, including hydrologic and vegetative 

12 characteristics; and 

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

14 to determine the success of the mitigation, in15 cluding the cost and duration of any monitoring 

16 and, to the extent practicable, the entities re17 sponsible for any monitoring. 

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

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

20 a mitigation plan for a water resources project, the 

21 entity responsible for monitoring at the time of a 

22 final report of the Chief of Engineers or other final 

23 decision document for the project, such entity shall 

24 be identified in the partnership agreement entered 

25 into with the non-Federal interest.’’. 
86 

HR 2864 PCS 

1 (b) STATUS REPORT.— 

2 (1) IN GENERAL.—Concurrent with the Presi3 dent’s submission to Congress of the President’s re4 quest for appropriations for the Civil Works Pro5 gram for a fiscal year, the Secretary shall submit to 

6 the Committee on Transportation and Infrastructure 

7 of the House of Representatives and the Committee 

8 on Environment and Public Works of the Senate a 

9 report on the status of construction of projects that 

10 require mitigation under section 906 of the Water 

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

12 2283; 100 Stat. 4186) and the status of such miti13 gation. 

14 (2) PROJECTS INCLUDED.—The status report 

15 shall include the status of all projects that are under 

16 construction, all projects for which the President re17 quests funding for the next fiscal year, and all 

18 projects that have completed construction, but have 

19 not completed the mitigation required under section 

20 906 of the Water Resources Development Act of 

21 1986. 

22 SEC. 2028. COOPERATIVE AGREEMENTS. 

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

24 cost-effective design and construction of wetlands restora25 tion that is part of an authorized water resources project, 
87 

HR 2864 PCS 

1 the Secretary may enter into cooperative agreements 

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

3 nonprofit organizations with expertise in wetlands restora4 tion to carry out such design and construction on behalf 

5 of the Secretary. 

6 (b) LIMITATIONS.— 

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

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

11 project. 

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

13 carried out under cooperative agreements under this 

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

15 year. 

16 SEC. 2029. PROJECT PLANNING. 

17 (a) DETERMINATION OF CERTAIN NATIONAL BENE18 FITS.— 

19 (1) SENSE OF CONGRESS.—It is the sense of 

20 Congress that, consistent with the Economic and 

21 Environmental Principles and Guidelines for Water 

22 and Related Land Resources Implementation Stud23 ies (1983), the Secretary may select a water re24 sources project alternative that does not maximize 

25 net national economic development benefits or net 
88 

HR 2864 PCS 

1 national ecosystem restoration benefits if there is an 

2 overriding reason based on other Federal, State, 

3 local, or international concerns. 

4 (2) FLOOD DAMAGE REDUCTION, NAVIGATION, 

5 AND HURRICANE STORM DAMAGE REDUCTION

6 PROJECTS.—With respect to a water resources 

7 project the primary purpose of which is flood dam8 age reduction, navigation, or hurricane and storm 

9 damage reduction, an overriding reason for selecting 

10 a plan other than the plan that maximizes net na11 tional economic development benefits may be if the 

12 Secretary determines, and the non-Federal interest 

13 concurs, that an alternative plan is feasible and 

14 achieves the project purposes while providing greater 

15 ecosystem restoration benefits. 

16 (3) ECOSYSTEM RESTORATION PROJECTS.— 

17 With respect to a water resources project the pri18 mary purpose of which is ecosystem restoration, an 

19 overriding reason for selecting a plan other than the 

20 plan that maximizes net national ecosystem restora21 tion benefits may be if the Secretary determines, 

22 and the non-Federal interest concurs, that an alter23 native plan is feasible and achieves the project pur24 poses while providing greater economic development 

25 benefits. 
89 

HR 2864 PCS 

1 (b) IDENTIFYING ADDITIONAL BENEFITS AND

2 PROJECTS.— 

3 (1) PRIMARILY ECONOMIC BENEFITS.—In con4 ducting a study of the feasibility of a project where 

5 the primary benefits are expected to be economic, 

6 the Secretary may identify ecosystem restoration 

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

8 after obtaining the participation of a non-Federal in9 terest, may study and recommend construction of 

10 additional measures, a separate project, or separable 

11 project element to achieve those benefits. 

12 (2) PRIMARILY ECOSYSTEM RESTORATION BEN13 EFITS.—In conducting a study of the feasibility of a 

14 project where the primary benefits are expected to 

15 be associated with ecosystem restoration, the Sec16 retary may identify economic benefits that may be 

17 achieved in the study area and, after obtaining the 

18 participation of a non-Federal interest, may study 

19 and recommend construction of additional measures, 

20 a separate project, or separable project element to 

21 achieve those benefits. 

22 (3) RULES APPLICABLE TO CERTAIN MEAS23 URES, PROJECTS, AND ELEMENTS.—Any additional 

24 measures, separate project, or separable element 

25 identified under paragraph (1) or (2) and rec-
90 

HR 2864 PCS 

1 ommended for construction shall not be considered 

2 integral to the underlying project and, if authorized, 

3 shall be subject to a separate partnership agreement, 

4 unless a non-Federal interest agrees to share in the 

5 cost of the additional measures, project, or separable 

6 element. 

7 (c) CALCULATION OF BENEFITS AND COSTS FOR

8 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 

9 study for a project for flood damage reduction shall in10 clude, as part of the calculation of benefits and costs— 

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

12 following completion of the proposed project; 

13 (2) a calculation of any upstream or down14 stream impacts of the proposed project; and 

15 (3) calculations to ensure that the benefits and 

16 costs associated with structural and nonstructural 

17 alternatives are evaluated in an equitable manner. 

18 SEC. 2030. INDEPENDENT PEER REVIEW. 

19 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

20 PEER REVIEW.— 

21 (1) IN GENERAL.—Project studies shall be sub22 ject to a peer review by an independent panel of ex23 perts as determined under this section. 

24 (2) SCOPE.—The peer review may include a re25 view of the economic and environmental assumptions 
91 

HR 2864 PCS 

1 and projections, project evaluation data, economic 

2 analyses, environmental analyses, engineering anal3 yses, formulation of alternative plans, methods for 

4 integrating risk and uncertainty, models used in 

5 evaluation of economic or environmental impacts of 

6 proposed projects, and any biological opinions of the 

7 project study. 

8 (3) PROJECT STUDIES SUBJECT TO PEER RE9 VIEW.— 

10 (A) MANDATORY.—A project study shall 

11 be subject to peer review under paragraph (1) 

12 if the project has an estimated total cost of 

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

14 costs, and is not determined by the Chief of 

15 Engineers to be exempt from peer review under 

16 paragraph (6). 

17 (B) DISCRETIONARY.—A project study 

18 may be subject to peer review if— 

19 (i) the Governor of an affected State 

20 requests a peer review by an independent 

21 panel of experts; 

22 (ii) the head of a Federal or State 

23 agency charged with reviewing the project 

24 study determines that the project is likely 

25 to have a significant adverse impact on en-
92 

HR 2864 PCS 

1 vironmental, cultural, or other resources 

2 under the jurisdiction of the agency after 

3 implementation of proposed mitigation 

4 plans and requests a peer review by an 

5 independent panel of experts; or 

6 (iii) the Chief of Engineers determines 

7 that the project study is controversial. 

8 (4) CONTROVERSIAL PROJECTS.—Upon receipt 

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

10 the initiative of the Chief of Engineers, the Chief of 

11 Engineers shall determine whether a project study is 

12 controversial. 

13 (5) FACTORS TO CONSIDER.—In determining 

14 whether a project study is controversial, the Chief of 

15 Engineers shall consider if— 

16 (A) there is a significant public dispute as 

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

18 (B) there is a significant public dispute as 

19 to the economic or environmental costs or bene20 fits of the project. 

21 (6) PROJECT STUDIES EXCLUDED FROM PEER

22 REVIEW.—Project studies that may be excluded from 

23 peer review under paragraph (1) are— 

24 (A) a study for a project the Chief of En25 gineers determines— 
93 

HR 2864 PCS 

1 (i) is not controversial; 

2 (ii) has no more than negligible ad3 verse impacts on scarce or unique cultural, 

4 historic, or tribal resources; 

5 (iii) has no substantial adverse im6 pacts on fish and wildlife species and their 

7 habitat prior to the implementation of 

8 mitigation measures; and 

9 (iv) has, before implementation of 

10 mitigation measures, no more than a neg11 ligible adverse impact on a species listed as 

12 endangered or threatened species under 

13 the Endangered Species Act of 1973 (16 

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

15 of such species designated under such Act; 

16 and 

17 (B) a study for a project pursued under 

18 section 205 of the Flood Control Act of 1948 

19 (33 U.S.C. 701s), section 2 of the Flood Con20 trol Act of August 28, 1937 (33 U.S.C. 701g), 

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

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

23 Harbor Act of 1960 (33 U.S.C. 577(a)), section 

24 3 of the Act entitled ‘‘An Act authorizing Fed25 eral participation in the cost of protecting the 
94 

HR 2864 PCS 

1 shores of publicly owned property’’, approved 

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

3 of the River and Harbor Act of 1968 (33 

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

5 Act authorizing the construction, repair, and 

6 preservation of certain public works on rivers 

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

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

9 of the Water Resources Development Act of 

10 1986 (33 U.S.C. 2309a), section 206 of the 

11 Water Resources Development Act of 1996 (33 

12 U.S.C. 2330), or section 204 of the Water Re13 sources Development Act of 1992 (33 U.S.C. 

14 2326). 

15 (7) APPEAL.—The decision of the Chief of En16 gineers whether to peer review a project study shall 

17 be published in the Federal Register and shall be 

18 subject to appeal by a person referred to in para19 graph (3)(B)(i) or (3)(B)(ii) to the Secretary of the 

20 Army if such appeal is made within the 30-day pe21 riod following the date of such publication. 

22 (8) DETERMINATION OF PROJECT COST.—For 

23 purposes of determining the estimated total cost of 

24 a project under paragraph (3)(A), the project cost 

25 shall be based upon the reasonable estimates of the 
95 

HR 2864 PCS 

1 Chief of Engineers at the completion of the recon2 naissance study for the project. If the reasonable es3 timate of project costs is subsequently determined to 

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

5 Chief of Engineers shall make a determination 

6 whether a project study should be reviewed under 

7 this section. 

8 (b) TIMING OF PEER REVIEW.—The Chief of Engi9 neers shall determine the timing of a peer review of a 

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

11 review shall occur during the period beginning on the date 

12 of the completion of the reconnaissance study for the 

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

14 Chief of Engineers for the project is made available for 

15 public comment. Where the Chief of Engineers has not 

16 initiated a peer review of a project study, the Chief of En17 gineers shall consider, at a minimum, whether to initiate 

18 a peer review at the time that— 

19 (1) the without-project conditions are identified; 

20 (2) the array of alternatives to be considered 

21 are identified; and 

22 (3) the preferred alternative is identified. 

23 Nothing in this subsection shall be construed to require 

24 the Chief of Engineers to conduct multiple peer reviews 

25 for a project study. 
96 

HR 2864 PCS 

1 (c) ESTABLISHMENT OF PANELS.— 

2 (1) IN GENERAL.—For each project study sub3 ject to peer review under subsection (a), as soon as 

4 practicable after the Chief of Engineers determines 

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

6 the Chief of Engineers shall contract with the Na7 tional Academy of Sciences (or a similar independent 

8 scientific and technical advisory organization), or an 

9 eligible organization, to establish a panel of experts 

10 to peer review the project study for technical and 

11 scientific sufficiency. 

12 (2) MEMBERSHIP.—A panel of experts estab13 lished for a project study under this section shall be 

14 composed of independent experts who represent a 

15 balance of areas of expertise suitable for the review 

16 being conducted. 

17 (3) LIMITATION ON APPOINTMENTS.—An indi18 vidual may not be selected to serve on a panel of ex19 perts established for a project study under this sec20 tion if the individual has a financial or close profes21 sional association with any organization or group 

22 with a strong financial or organizational interest in 

23 the project. 

24 (4) CONGRESSIONAL NOTIFICATION.—Upon 

25 identification of a project study for peer review 
97 

HR 2864 PCS 

1 under this section, but prior to initiation of any re2 view, the Chief of Engineers shall notify the Com3 mittee on Environment and Public Works of the 

4 Senate and the Committee on Transportation and 

5 Infrastructure of the House of Representatives of 

6 such review. 

7 (d) DUTIES OF PANELS.—A panel of experts estab8 lished for a peer review for a project study under this sec9 tion shall, consistent with the scope of the referral for re10 view— 

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

12 submitted to the panel for review; 

13 (2) assess the adequacy and acceptability of the 

14 economic and environmental methods, models, and 

15 analyses used by the Chief of Engineers; 

16 (3) provide timely written and oral comments to 

17 the Chief of Engineers throughout the development 

18 of the project study, as requested; and 

19 (4) submit to the Chief of Engineers a final re20 port containing the panel’s economic, engineering, 

21 and environmental analysis of the project study, in22 cluding the panel’s assessment of the adequacy and 

23 acceptability of the economic and environmental 

24 methods, models, and analyses used by the Chief of 
98 

HR 2864 PCS 

1 Engineers, to accompany the publication of the 

2 project study. 

3 (e) DURATION OF PROJECT STUDY PEER RE4 VIEWS.— 

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

6 (A) complete its peer review under this sec7 tion for a project study and submit a report to 

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

9 within 180 days after the date of establishment 

10 of the panel, or, if the Chief of Engineers deter11 mines that a longer period of time is necessary, 

12 such period of time established by the Chief of 

13 Engineers, but in no event later than 90 days 

14 after the date a draft project study is made 

15 available for public review; and 

16 (B) terminate on the date of submission of 

17 the report. 

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

19 does not complete its peer review of a project study 

20 under this section and submit a report to the Chief 

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

22 the deadline established by paragraph (1) for the 

23 project study, the Chief of Engineers shall continue 

24 the project study for the project that is subject to 

25 peer review by the panel without delay. 
99 

HR 2864 PCS 

1 (f) RECOMMENDATIONS OF PANEL.— 

2 (1) CONSIDERATION BY THE CHIEF OF ENGI3 NEERS.—After receiving a report on a project study 

4 from a panel of experts under this section and be5 fore entering a final record of decision for the 

6 project, the Chief of Engineers shall consider any 

7 recommendations contained in the report and pre8 pare a written response for any recommendations 

9 adopted or not adopted. 

10 (2) PUBLIC AVAILABILITY AND TRANSMITTAL

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

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

13 Chief of Engineers shall— 

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

15 written response of the Chief of Engineers on 

16 recommendations contained in the report avail17 able to the public; and 

18 (B) transmit to Congress a copy of the re19 port, together with any such written response, 

20 on the date of a final report of the Chief of En21 gineers or other final decision document for a 

22 project study that is subject to peer review by 

23 the panel. 

24 (g) COSTS.— 
100 

HR 2864 PCS 

1 (1) IN GENERAL.—The costs of a panel of ex2 perts established for a peer review under this sec3 tion— 

4 (A) shall be a Federal expense; and 

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

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

7 waive the $500,000 limitation contained in para8 graph (1)(B) in cases that the Chief of Engineers 

9 determines appropriate. 

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

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

12 period preceding the date of enactment of this Act 

13 and for which the array of alternatives to be consid14 ered has not been identified; and 

15 (2) project studies initiated during the period 

16 beginning on such date of enactment and ending 4 

17 years after such date of enactment. 

(i) REPORT.—Within 41 18 ⁄2 years of the date of enact19 ment of this section, the Chief of Engineers shall submit 

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

21 (j) NONAPPLICABILITY OF FACA.—The Federal Ad22 visory Committee Act (5 U.S.C. App.) shall not apply to 

23 any peer review panel established under this section. 

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

25 be construed to affect any authority of the Chief of Engi-
101 

HR 2864 PCS 

1 neers to cause or conduct a peer review of a water re2 sources project existing on the date of enactment of this 

3 section. 

4 (l) DEFINITIONS.—In this section, the following defi5 nitions apply: 

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

7 study’’ means a feasibility study or reevaluation 

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

9 study associated with a modification or update of a 

10 project that includes an environmental impact state11 ment, including the environmental impact statement. 

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

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

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

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

16 would be economically or environmentally affected as 

17 a consequence of the project. 

18 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi19 ble organization’’ means an organization that— 

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

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

22 of the Internal Revenue Code of 1986; 

23 (B) is independent; 

24 (C) is free from conflicts of interest; 
102 

HR 2864 PCS 

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

2 against Federal water resources projects; and 

3 (E) has experience in establishing and ad4 ministering peer review panels. 

5 SEC. 2031. TRAINING FUNDS. 

6 (a) IN GENERAL.—The Secretary may include indi7 viduals not employed by the Department of the Army in 

8 training classes and courses offered by the Corps of Engi9 neers in any case in which the Secretary determines that 

10 it is in the best interest of the Federal Government to 

11 include those individuals as participants. 

12 (b) EXPENSES.— 

13 (1) IN GENERAL.—An individual not employed 

14 by the Department of the Army attending a training 

15 class or course described in subsection (a) shall pay 

16 the full cost of the training provided to the indi17 vidual. 

18 (2) PAYMENTS.—Payments made by an indi19 vidual for training received under paragraph (1), up 

20 to the actual cost of the training— 

21 (A) may be retained by the Secretary; 

22 (B) shall be credited to an appropriation 

23 or account used for paying training costs; and 
103 

HR 2864 PCS 

1 (C) shall be available for use by the Sec2 retary, without further appropriation, for train3 ing purposes. 

4 (3) EXCESS AMOUNTS.—Any payments received 

5 under paragraph (2) that are in excess of the actual 

6 cost of training provided shall be credited as mis7 cellaneous receipts to the Treasury of the United 

8 States. 

9 SEC. 2032. ACCESS TO WATER RESOURCE DATA. 

10 (a) IN GENERAL.—The Secretary shall carry out a 

11 program to provide public access to water resource and 

12 related water quality data in the custody of the Corps of 

13 Engineers. 

14 (b) DATA.—Public access under subsection (a) 

15 shall— 

16 (1) include, at a minimum, access to data gen17 erated in water resources project development and 

18 regulation under section 404 of the Federal Water 

19 Pollution Control Act (33 U.S.C. 1344); and 

20 (2) appropriately employ geographic informa21 tion system technology and linkages to water re22 source models and analytical techniques. 

23 (c) PARTNERSHIPS.—To the maximum extent prac24 ticable, in carrying out activities under this section, the 

25 Secretary shall develop partnerships, including cooperative 
104 

HR 2864 PCS 

1 agreements with State, tribal, and local governments and 

2 other Federal agencies. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $5,000,000 for each fiscal year. 

6 SEC. 2033. SHORE PROTECTION PROJECTS. 

7 (a) IN GENERAL.—In accordance with the Act of 

8 July 3, 1930 (33 U.S.C. 426), and notwithstanding ad9 ministrative actions, it is the policy of the United States 

10 to promote beach nourishment for the purposes of flood 

11 damage reduction and hurricane and storm damage reduc12 tion and related research that encourage the protection, 

13 restoration, and enhancement of sandy beaches, including 

14 beach restoration and periodic beach renourishment for a 

15 period of 50 years, on a comprehensive and coordinated 

16 basis by the Federal Government, States, localities, and 

17 private enterprises. 

18 (b) PREFERENCE.—In carrying out the policy, pref19 erence shall be given to— 

20 (1) areas in which there has been a Federal in21 vestment of funds for the purposes described in sub22 section (a); and 

23 (2) areas with respect to which the need for 

24 prevention or mitigation of damage to shores and 
105 

HR 2864 PCS 

1 beaches is attributable to Federal navigation 

2 projects or other Federal activities. 

3 (c) APPLICABILITY.—The Secretary shall apply the 

4 policy to each shore protection and beach renourishment 

5 project (including shore protection and beach renourish6 ment projects constructed before the date of enactment 

7 of this Act). 

8 SEC. 2034. ABILITY TO PAY. 

9 (a) CRITERIA AND PROCEDURES.—Section 

10 103(m)(2) of the Water Resources Development Act of 

11 1986 (33 U.S.C. 2213(m)(2)) is amended by striking 

12 ‘‘180 days after such date of enactment’’ and inserting 

13 ‘‘August 31, 2005’’. 

14 (b) PROJECTS.—The Secretary shall apply the cri15 teria and procedures referred to in section 103(m) of the 

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

17 2213(m)) to the following projects: 

18 (1) ST. JOHNS BAYOU AND NEW MADRID

19 FLOODWAY, MISSOURI.—The project for flood con20 trol, St. Johns Bayou and New Madrid Floodway, 

21 Missouri, authorized by section 401(a) of the Water 

22 Resources Development Act of 1986 (100 Stat. 

23 4118). 

24 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 

25 project for flood control, Lower Rio Grande Basin, 
106 

HR 2864 PCS 

1 Texas, authorized by section 401(a) of the Water 

2 Resources Development Act of 1986 (100 Stat. 

3 4125). 

4 (3) WEST VIRGINIA AND PENNSYLVANIA

5 PROJECTS.—The projects for flood control author6 ized by section 581 of the Water Resources Develop7 ment Act of 1996 (110 Stat. 3790–3791). 

8 SEC. 2035. AQUATIC ECOSYSTEM RESTORATION. 

9 Section 206(e) of the Water Resources Development 

10 Act of 1996 (33 U.S.C. 2330) is amended by striking 

11 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’. 

12 SEC. 2036. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 

13 Section 205 of the Flood Control Act of 1948 (33 

14 U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and 

15 inserting ‘‘$60,000,000’’. 

16 SEC. 2037. LEASING AUTHORITY. 

17 Section 4 of the Act entitled ‘‘An Act authorizing the 

18 construction of certain public works on rivers and harbors 

19 for flood control, and other purposes’’, approved December 

20 22, 1944 (16 U.S.C. 460d) is amended— 

21 (1) by inserting ‘‘federally-recognized Indian 

22 tribes and’’ before ‘‘Federal’’ the first place it ap23 pears; 

24 (2) by inserting ‘‘Indian tribes or’’ after ‘‘con25 siderations, to such’’; and 
107 

HR 2864 PCS 

1 (3) by inserting ‘‘federally-recognized Indian 

2 tribe’’ after ‘‘That in any such lease or license to a’’. 

3 SEC. 2038. COST ESTIMATES. 

4 The estimated Federal and non-Federal costs of 

5 projects authorized to be carried out by the Secretary be6 fore, on, or after the date of enactment of this Act are 

7 for informational purposes only and shall not be inter8 preted as affecting the cost sharing responsibilities estab9 lished by law. 

10 SEC. 2039. STUDIES AND REPORTS FOR WATER RESOURCES 

11 PROJECTS. 

12 (a) STUDIES.— 

13 (1) COST-SHARING REQUIREMENTS.—Section 

14 105(a) of the Water Resources Development Act of 

15 1986 (33 U.S.C. 2215(a)) is amended by adding at 

16 the end the following: 

17 ‘‘(3) DETAILED PROJECT REPORTS.—The re18 quirements of this subsection that apply to a feasi19 bility study also shall apply to a study that results 

20 in a detailed project report, except that— 

21 ‘‘(A) the first $100,000 of the costs of a 

22 study that results in a detailed project report 

23 shall be a Federal expense; and 

24 ‘‘(B) paragraph (1)(C)(ii) shall not apply 

25 to such a study.’’. 
108 

HR 2864 PCS 

1 (2) PLANNING AND ENGINEERING.—Section 

2 105(b) of such Act (33 U.S.C. 2215(b)) is amended 

3 by striking ‘‘authorized by this Act’’. 

4 (3) DEFINITIONS.—Section 105 of such Act (33 

5 U.S.C. 2215) is amended by adding at the end the 

6 following: 

7 ‘‘(d) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) DETAILED PROJECT REPORT.—The term 

10 ‘detailed project report’ means a report for a project 

11 not specifically authorized by Congress in law or 

12 otherwise that determines the feasibility of the 

13 project with a level of detail appropriate to the scope 

14 and complexity of the recommended solution and 

15 sufficient to proceed directly to the preparation of 

16 contract plans and specifications. The term includes 

17 any associated environmental impact statement and 

18 mitigation plan. For a project for which the Federal 

19 cost does not exceed $1,000,000, the term includes 

20 a planning and design analysis document. 

21 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasi22 bility study’ means a study that results in a feasi23 bility report under section 905, and any associated 

24 environmental impact statement and mitigation 

25 plan, prepared by the Corps of Engineers for a 
109 

HR 2864 PCS 

1 water resources project. The term includes a study 

2 that results in a project implementation report pre3 pared under title VI of the Water Resources Devel4 opment Act of 2000 (114 Stat. 2680–2694), a gen5 eral reevaluation report, and a limited reevaluation 

6 report.’’. 

7 (b) REPORTS.— 

8 (1) PREPARATION.—Section 905(a) of the 

9 Water Resources Development Act of 1986 (33 

10 U.S.C. 2282(a); 100 Stat. 4185) is amended— 

11 (A) by striking ‘‘(a) In the case of any’’ 

12 and inserting the following: 

13 ‘‘(a) PREPARATION OF REPORTS.— 

14 ‘‘(1) IN GENERAL.—In the case of any’’; 

15 (B) by striking ‘‘the Secretary, the Sec16 retary shall’’ and inserting ‘‘the Secretary that 

17 results in recommendations concerning a 

18 project or the operation of a project and that 

19 requires specific authorization by Congress in 

20 law or otherwise, the Secretary shall perform a 

21 reconnaissance study and’’; 

22 (C) by striking ‘‘Such feasibility report’’ 

23 and inserting the following: 

24 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 

25 feasibility report’’; 
110 

HR 2864 PCS 

1 (D) by striking ‘‘The feasibility report’’ 

2 and inserting ‘‘A feasibility report’’; and 

3 (E) by striking the last sentence and in4 serting the following: 

5 ‘‘(3) APPLICABILITY.—This subsection shall not 

6 apply to— 

7 ‘‘(A) any study with respect to which a re8 port has been submitted to Congress before the 

9 date of enactment of this Act; 

10 ‘‘(B) any study for a project, which project 

11 is authorized for construction by this Act and 

12 is not subject to section 903(b); 

13 ‘‘(C) any study for a project which does 

14 not require specific authorization by Congress 

15 in law or otherwise; and 

16 ‘‘(D) general studies not intended to lead 

17 to recommendation of a specific water resources 

18 project. 

19 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 

20 subsection, the term ‘feasibility report’ means each 

21 feasibility report, and any associated environmental 

22 impact statement and mitigation plan, prepared by 

23 the Corps of Engineers for a water resources 

24 project. The term includes a project implementation 

25 report prepared under title VI of the Water Re-
111 

HR 2864 PCS 

1 sources Development Act of 2000 (114 Stat. 2680– 

2 2694), a general reevaluation report, and a limited 

3 reevaluation report.’’. 

4 (2) PROJECTS NOT SPECICIALLY AUTHORIZED

5 BY CONGRESS.—Section 905 of such Act is further 

6 amended— 

7 (A) in subsection (b) by inserting ‘‘RECON8 NAISSANCE STUDIES.—’’ before ‘‘Before initi9 ating’’; 

10 (B) by redesignating subsections (c), (d), 

11 and (e) as subsections (d), (e), and (f), respec12 tively; 

13 (C) by inserting after subsection (b) the 

14 following: 

15 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

16 CONGRESS.—In the case of any water resources project17 related study authorized to be undertaken by the Sec18 retary without specific authorization by Congress in law 

19 or otherwise, the Secretary shall prepare a detailed project 

20 report.’’; 

21 (D) in subsection (d) (as so redesignated) 

22 by inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For 

23 purposes of’’; and 

24 (E) in subsection (e) (as so redesignated) 

25 by inserting ‘‘STANDARD AND UNIFORM PRO-
112 

HR 2864 PCS 

1 CEDURES AND PRACTICES.—’’ before ‘‘The Sec2 retary shall’’. 

3 SEC. 2040. FISCAL TRANSPARENCY REPORT. 

4 (a) IN GENERAL.—On the third Tuesday of January 

5 of each year beginning January 2006, the Chief of Engi6 neers shall submit to the Committee on Environment and 

7 Public Works of the Senate and the Committee on Trans8 portation and Infrastructure of the House of Representa9 tives a report on the expenditures for the preceding fiscal 

10 year and estimated expenditures for the current fiscal year 

11 and, for projects and activities that are not scheduled for 

12 completion in the current fiscal year, the estimated ex13 penditures necessary in the following fiscal year for each 

14 project or activity to maintain the same level of effort 

15 being achieved in the current fiscal year. 

16 (b) CONTENTS.—In addition to the information de17 scribed in subsection (a), the report shall contain a de18 tailed accounting of the following information: 

19 (1) With respect to general construction, infor20 mation on— 

21 (A) projects currently under construction, 

22 including— 

23 (i) allocations to date; 

24 (ii) the number of years remaining to 

25 complete construction; 
113 

HR 2864 PCS 

1 (iii) the estimated annual Federal cost 

2 to maintain that construction schedule; 

3 and 

4 (iv) a list of projects the Corps of En5 gineers expects to complete during the cur6 rent fiscal year; and 

7 (B) projects for which there is a signed 

8 cost-sharing agreement and completed planning, 

9 engineering, and design, including— 

10 (i) the number of years the project is 

11 expected to require for completion; and 

12 (ii) estimated annual Federal cost to 

13 maintain that construction schedule. 

14 (2) With respect to operation and maintenance 

15 of the inland and intracoastal waterways under sec16 tion 206 of Public Law 95–502 (33 U.S.C. 1804)— 

17 (A) the estimated annual cost to maintain 

18 each waterway for the authorized reach and at 

19 the authorized depth; and 

20 (B) the estimated annual cost of operation 

21 and maintenance of locks and dams to ensure 

22 navigation without interruption. 

23 (3) With respect to general investigations and 

24 reconnaissance and feasibility studies— 

25 (A) the number of active studies; 
114 

HR 2864 PCS 

1 (B) the number of completed studies not 

2 yet authorized for construction; 

3 (C) the number of initiated studies; and 

4 (D) the number of studies expected to be 

5 completed during the fiscal year. 

6 (4) Funding received and estimates of funds to 

7 be received for interagency and international support 

8 activities under section 318(a) of the Water Re9 sources Development Act of 1990 (33 U.S.C. 

10 2323(a)). 

11 (5) Recreation fees and lease payments. 

12 (6) Hydropower and water storage fees. 

13 (7) Deposits into the Inland Waterway Trust 

14 Fund and the Harbor Maintenance Trust Fund. 

15 (8) Other revenues and fees collected. 

16 SEC. 2041. SUPPORT OF ARMY CIVIL WORKS PROGRAM. 

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

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

19 to provide assistance through contracts, cooperative agree20 ments, and grants to— 

21 (1) the University of Tennessee, Knoxville, Ten22 nessee, for establishment and operation of the 

23 Southeastern Water Resources Institute to study 

24 sustainable development and utilization of water re25 sources in the southeastern United States; 
115 

HR 2864 PCS 

1 (2) Lewis and Clark Community College, Illi2 nois, for the Great Rivers National Research and 

3 Education Center (including facilities that have been 

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

5 vicinity of the confluence of the Illinois River, the 

6 Missouri River, and the Mississippi River), a collabo7 rative effort of Lewis and Clark Community College, 

8 the University of Illinois, the Illinois Department of 

9 Natural Resources and Environmental Sciences, and 

10 other entities, for the study of river ecology, devel11 oping watershed and river management strategies, 

12 and educating students and the public on river 

13 issues; and 

14 (3) the University of Texas at Dallas for sup15 port and operation of the International Center for 

16 Decision and Risk Analysis to study risk analysis 

17 and control methods for transboundary water re18 sources management in the southwestern United 

19 States and other international water resources man20 agement problems. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary to carry 

23 out subsection (a)(1) $5,000,000, to carry out subsection 

24 (a)(2) $5,000,000, and to carry out subsection (a)(3) 
116 

HR 2864 PCS 

1 $5,000,000. Such sums shall remain available until ex2 pended. 

3 SEC. 2042. CRITERIA FOR OPERATION AND MAINTENANCE 

4 OF HARBOR DREDGING PROJECTS. 

5 The Secretary shall budget and request appropria6 tions for operation and maintenance of harbor dredging 

7 projects based only upon criteria used for such projects 

8 in fiscal year 2004. 

9 TITLE III—PROJECT-RELATED 

10 PROVISIONS 

11 SEC. 3001. COOK INLET, ALASKA. 

12 Section 118(a)(2) of the Energy and Water Develop13 ment Appropriations Act, 2005 (title I of division C of 

14 the Consolidated Appropriations Act, 2005; 118 Stat. 

15 2945) is amended— 

16 (1) by inserting ‘‘maximum navigational’’ be17 fore ‘‘draft’’; 

18 (2) by striking ‘‘greater than’’; and 

19 (3) by inserting ‘‘or greater’’ after ‘‘35 feet’’. 

20 SEC. 3002. KING COVE HARBOR, ALASKA. 

21 The maximum amount of Federal funds that may be 

22 expended for the project for navigation, King Cove Har23 bor, Alaska, being carried out under section 107 of the 

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

25 $8,000,000. 
117 

HR 2864 PCS 

1 SEC. 3003. ST. PAUL HARBOR, ST. PAUL ISLAND, ALASKA. 

2 (a) SMALL BOAT HARBOR.—No elements of the 

3 project for navigation, St. Paul Harbor, St. Paul Island, 

4 Alaska, authorized by section 101(b)(3) of the Water Re5 sources Development Act of 1996 (110 Stat. 3667) and 

6 modified by section 303 of the Water Resources Develop7 ment Act of 1999 (113 Stat. 298) and section 105 of the 

8 Energy and Water Development Appropriations Act, 2003 

9 (117 Stat. 139), shall be treated by the Secretary as sepa10 rable. 

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

12 non-Federal share for the project shall not exceed 

13 $14,400,000. 

14 SEC. 3004. SITKA, ALASKA. 

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

16 project for navigation Southeast Alaska Harbors of Ref17 uge, Alaska, authorized by section 101 of the Water Re18 sources Development Act of 1992 (106 Stat. 4801), is 

19 modified to direct the Secretary to take such action as 

20 may be necessary to correct design deficiencies in such ele21 ment, at a Federal expense of $6,300,000. 

22 SEC. 3005. TATITLEK, ALASKA. 

23 The maximum amount of Federal funds that may be 

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

25 being carried out under section 107 of the River and Har26 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000. 
118 

HR 2864 PCS 

1 SEC. 3006. GRAND PRAIRIE REGION AND BAYOU METO 

2 BASIN, ARKANSAS. 

3 The Secretary shall review the general reevaluation 

4 report for the Bayou Meto basin element of the project 

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

8 make a determination of whether the element is feasible, 

9 regardless of mission priorities. 

10 SEC. 3007. OSCEOLA HARBOR, ARKANSAS. 

11 (a) IN GENERAL.—The project for navigation, Osce12 ola Harbor, Arkansas, constructed under section 107 of 

13 the River and Harbor Act of 1960 (33 U.S.C. 577), is 

14 modified to allow non-Federal interests to construct a 

15 mooring facility within the existing authorized harbor 

16 channel, subject to all necessary permits, certifications, 

17 and other requirements. 

18 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

19 Nothing in this section shall be construed as affecting the 

20 responsibility of the Secretary to maintain the general 

21 navigation features of the project at a bottom width of 

22 250 feet. 

23 SEC. 3008. PINE MOUNTAIN DAM, ARKANSAS. 

24 The Pine Mountain Dam feature of the project for 

25 flood protection, Lee Creek, Arkansas and Oklahoma, au-
119 

HR 2864 PCS 

1 thorized by section 204 of the Flood Control Act of 1965 

2 (79 Stat. 1078), is modified— 

3 (1) to add environmental restoration as a 

4 project purpose; and 

5 (2) to direct the Secretary to finance the non6 Federal share of the cost of the project over a 30- 

7 year period in accordance with section 103(k) of the 

8 Water Resources Development Act of 1986 (33 

9 U.S.C. 2213(k)). 

10 SEC. 3009. SAINT FRANCIS BASIN, ARKANSAS. 

11 The project for flood control, Saint Francis Basin, 

12 Missouri and Arkansas, authorized by section 204 of the 

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

14 authorize the Secretary to construct improvements along 

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

16 Saint Francis Levee and related channel improvements. 

17 SEC. 3010. AMERICAN RIVER WATERSHED, CALIFORNIA. 

18 Section 128 of Public Law 108–137 (117 Stat. 1838) 

19 is amended by adding at the end the following: 

20 ‘‘(c) DAM SAFETY MODIFICATIONS AT L.L. ANDER21 SON DAM.—In determining improvements for dam safety 

22 that are necessary at the L.L. Anderson Dam, the Sec23 retary shall consider the without-project condition to be 

24 the dam as it existed on December 1, 2003. 
120 

HR 2864 PCS 

1 ‘‘(d) COST ALLOCATION.—In allocating costs for the 

2 project authorized in subsection (a), the Secretary shall 

3 use the project cost allocations for flood damage reduction 

4 and dam safety that are contained in the American River 

5 Watershed, California, long-term study final supplemental 

6 plan formulation report dated February 2002.’’. 

7 SEC. 3011. COMPTON CREEK, CALIFORNIA. 

8 The project for flood control, Los Angeles Drainage 

9 Area, California, authorized by section 101(b) of the 

10 Water Resources Development Act of 1990 (104 Stat. 

11 4611), is modified to add environmental restoration and 

12 recreation as project purposes. 

13 SEC. 3012. GRAYSON CREEK/MURDERER’S CREEK, CALI14 FORNIA. 

15 The project for aquatic ecosystem restoration, Gray16 son Creek/Murderer’s Creek, California, being carried out 

17 under section 206 of the Water Resources Development 

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

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

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

21 non-Federal interest before the date of the partnership 

22 agreement for the project if the Secretary determines that 

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

24 Secretary to consider national ecosystem restoration bene25 fits in determining the Federal interest in the project. 
121 

HR 2864 PCS 

1 SEC. 3013. HAMILTON AIRFIELD, CALIFORNIA. 

2 The project for environmental restoration, Hamilton 

3 Airfield, California, authorized by section 101(b)(3) of the 

4 Water Resources Development Act of 1999 (113 Stat. 

5 279), is modified to direct the Secretary to construct the 

6 project substantially in accordance with the report of the 

7 Chief of Engineers dated July 19, 2004, at a total cost 

8 of $205,226,000, with an estimated Federal cost of 

9 $153,840,000 and an estimated non-Federal cost of 

10 $51,386,000. 

11 SEC. 3014. JOHN F. BALDWIN SHIP CHANNEL AND STOCK12 TON SHIP CHANNEL, CALIFORNIA. 

13 The project for navigation, San Francisco to Stock14 ton, California, authorized by section 301 of the River and 

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

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

17 cost of the John F. Baldwin Ship Channel and 

18 Stockton Ship Channel element of the project may 

19 be provided in the form of in-kind services and ma20 terials; and 

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

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

23 cost of planning and design work carried out by the 

24 non-Federal interest before the date of an agreement 

25 for such planning and design if the Secretary deter26 mines that such work is integral to such element. 
122 

HR 2864 PCS 

1 SEC. 3015. KAWEAH RIVER, CALIFORNIA. 

2 The project for flood control, Terminus Dam, 

3 Kaweah River, California, authorized by section 101(b)(5) 

4 of the Water Resources Development Act of 1996 (110 

5 Stat. 3658), is modified to direct the Secretary to credit 

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

7 or provide reimbursement not to exceed $800,000, for the 

8 costs of any work carried out by the non-Federal interest 

9 before, on, or after the date of the project partnership 

10 agreement if the Secretary determines that the work is 

11 integral to the project. 

12 SEC. 3016. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI13 FORNIA. 

14 The project for navigation, Larkspur Ferry Channel, 

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

16 Water Resources Development Act of 1986 (100 Stat. 

17 4148), is modified to direct the Secretary to determine 

18 whether maintenance of the project is feasible, and if the 

19 Secretary determines that maintenance of the project is 

20 feasible, to carry out such maintenance. 

21 SEC. 3017. LLAGAS CREEK, CALIFORNIA. 

22 The project for flood damage reduction, Llagas 

23 Creek, California, authorized by section 501(a) of the 

24 Water Resources Development Act of 1999 (113 Stat. 

25 333), is modified to authorize the Secretary to carry out 

26 the project at a total cost of $105,000,000. 
123 

HR 2864 PCS 

1 SEC. 3018. LOS ANGELES HARBOR, CALIFORNIA. 

2 The project for navigation, Los Angeles Harbor, Cali3 fornia, authorized by section 101(b)(5) of the Water Re4 sources Development Act of 2000 (114 Stat. 2577), is 

5 modified to authorize the Secretary to carry out the 

6 project at a total cost of $222,000,000. 

7 SEC. 3019. MAGPIE CREEK, CALIFORNIA. 

8 (a) IN GENERAL.—The project for Magpie Creek, 

9 California, authorized under section 205 of the Flood Con10 trol Act of 1948 (33 U.S.C. 701s), is modified to direct 

11 the Secretary to apply the cost-sharing requirements of 

12 section 103(b) of the Water Resources Development Act 

13 of 1986 (100 Stat. 4085) for the portion of the project 

14 consisting of land acquisition to preserve and enhance ex15 isting floodwater storage. 

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

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

18 planning and design work carried out by the non-Federal 

19 interest before the date of the partnership agreement for 

20 the project if the Secretary determines that the work is 

21 integral to the project. 

22 SEC. 3020. PACIFIC FLYWAY CENTER, SACRAMENTO, CALI23 FORNIA. 

24 The project for aquatic ecosystem restoration, Pacific 

25 Flyway Center, Sacramento, California, being carried out 

26 under section 206 of the Water Resources Development 
124 

HR 2864 PCS 

1 Act of 1996 (33 U.S.C. 2330), is modified to authorize 

2 the Secretary to expend $2,000,000 to enhance public ac3 cess to the project. 

4 SEC. 3021. PINOLE CREEK, CALIFORNIA. 

5 The project for improvement of the quality of the en6 vironment, Pinole Creek Phase I, California, being carried 

7 out under section 1135 of the Water Resources Develop8 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 

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

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

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

12 agreement for the project if the Secretary determines that 

13 the work is integral to the project. 

14 SEC. 3022. PRADO DAM, CALIFORNIA. 

15 Upon completion of the modifications to the Prado 

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

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

18 of the Water Resources Development Act of 1986 (100 

19 Stat. 4113), the Memorandum of Agreement for the Oper20 ation for Prado Dam for Seasonal Additional Water Con21 servation between the Department of the Army and the 

22 Orange County Water District (including all the condi23 tions and stipulations in the memorandum) shall remain 

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

25 modifications. 
125 

HR 2864 PCS 

1 SEC. 3023. SACRAMENTO AND AMERICAN RIVERS FLOOD 

2 CONTROL, CALIFORNIA. 

3 (a) DETERMINATION OF FEDERAL COSTS PAID BY

4 NON-FEDERAL INTEREST.— 

5 (1) FEDERAL COSTS PAID BY NON-FEDERAL IN6 TEREST.—The Secretary shall determine the amount 

7 paid by the Sacramento Area Flood Control Agency 

8 towards the Federal share of the cost of the project 

9 for the Natomas levee features authorized by section 

10 9159(b) of the Department of Defense Appropria11 tions Act, 1993 (106 Stat. 1944) of the project for 

12 flood control and recreation, Sacramento and Amer13 ican Rivers, California. 

14 (2) REIMBURSEMENTS TO NON-FEDERAL IN15 TEREST.—The Secretary shall determine the amount 

16 of reimbursements paid to the Sacramento Flood 

17 Control Agency for payment of the Federal share of 

18 the cost of the project referred to in paragraph (1). 

19 (3) DETERMINATION OF FEDERAL SHARE.—In 

20 carrying out paragraph (1), the Secretary shall in21 clude in the total cost of the project all costs of the 

22 following activities that the Secretary determines to 

23 be integral to the project: 

24 (A) Planning, engineering, and construc25 tion. 
126 

HR 2864 PCS 

1 (B) Acquisition of project lands, ease2 ments, and rights-of-way. 

3 (C) Performance of relocations. 

4 (D) Environmental mitigation for all 

5 project elements. 

6 (b) CREDIT.— 

7 (1) IN GENERAL.—The Secretary shall credit 

8 toward the non-Federal share of the cost of any 

9 flood damage reduction project, authorized before 

10 the date of enactment of this Act, for which the non11 Federal interest is the Sacramento Area Flood Con12 trol Agency an amount equal to the total amount de13 termined under subsection (a)(1) reduced by the 

14 amount determined under subsection (a)(2). 

15 (2) ALLOCATION OF CREDIT.—The Secretary 

16 shall allocate the amount to be credited under para17 graph (1) toward the non-Federal share of such 

18 projects as are requested by the Sacramento Area 

19 Flood Control Agency. 

20 SEC. 3024. SACRAMENTO DEEP WATER SHIP CHANNEL, 

21 CALIFORNIA. 

22 The project for navigation, Sacramento Deep Water 

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

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

25 4092), is modified to direct the Secretary to credit toward 
127 

HR 2864 PCS 

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

2 of planning and design work carried out by the non-Fed3 eral interest before the date of the partnership agreement 

4 for the project if the Secretary determines that the work 

5 is integral to the project. 

6 SEC. 3025. SACRAMENTO RIVER, GLENN-COLUSA, CALI7 FORNIA. 

8 The project for flood control, Sacramento River, Cali9 fornia, authorized by section 2 of the Act entitled ‘‘An Act 

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

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

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

13 and modified by section 102 of the Energy and Water De14 velopment Appropriations Act, 1990 (103 Stat. 649), sec15 tion 301(b)(3) of the Water Resources Development Act 

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

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

18 and section 305 of the Water Resources Development Act 

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

20 Secretary to credit the non-Federal interest up to 

21 $4,000,000 toward the non-Federal share of the cost of 

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

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

24 easements, rights-of-way, relocations, and dredged mate25 rial disposal areas) associated with environmental compli-
128 

HR 2864 PCS 

1 ance for the project if the Secretary determines that the 

2 activities are integral to the project. 

3 SEC. 3026. SANTA CRUZ HARBOR, CALIFORNIA. 

4 The project of navigation, Santa Cruz Harbor, Cali5 fornia, authorized by section 101 of the River and Harbor 

6 Act of 1958 (72 Stat. 300) and modified by section 809 

7 of the Water Resources Development Act of 1986 (100 

8 Stat. 4168) and section 526 of the Water Resources De9 velopment Act of 1999 (113 Stat. 346), is modified to di10 rect the Secretary— 

11 (1) to renegotiate the memorandum of agree12 ment with the non-Federal interest to increase the 

13 annual payment to reflect the updated cost of oper14 ation and maintenance that is the Federal and non15 Federal share as provided by law based on the 

16 project purpose; and 

17 (2) to revise the memorandum of agreement to 

18 include terms that revise such payments for infla19 tion. 

20 SEC. 3027. SEVEN OAKS DAM, CALIFORNIA. 

21 The project for flood control, Santa Ana Mainstem, 

22 authorized by section 401(a) of the Water Resources De23 velopment Act of 1986 (100 Stat. 4113) and modified by 

24 section 104 of the Energy and Water Development Appro25 priations Act, 1988 (101 Stat. 1329–11), section 102(e) 
129 

HR 2864 PCS 

1 of the Water Resources Development Act of 1990 (104 

2 Stat. 4611), and section 311 of the Water Resources De3 velopment Act of 1996 (110 Stat. 3713), is further modi4 fied to direct the Secretary to conduct a study for the re5 allocation of water storage at the Seven Oaks Dam, Cali6 fornia, for water conservation. 

7 SEC. 3028. UPPER GUADALUPE RIVER, CALIFORNIA. 

8 The project for flood damage reduction and recre9 ation, Upper Guadalupe River, California, described as the 

10 Bypass Channel Plan of the Chief of Engineers dated Au11 gust 19, 1998, authorized by section 101(a)(9) of the 

12 Water Resources Development Act of 1999 (113 Stat. 

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

14 the project, at a total cost of $212,100,000, with an esti15 mated Federal cost of $106,050,000, and an estimated 

16 non-Federal cost of $106,050,000. The non-Federal share 

17 of the cost of the project shall be subject to section 

18 103(a)(3) of the Water Resources Development Act of 

19 1986 (33 U.S.C. 2213(a)(3)). 

20 SEC. 3029. WALNUT CREEK CHANNEL, CALIFORNIA. 

21 The project for aquatic ecosystem restoration, Wal22 nut Creek Channel, California, being carried out under 

23 section 206 of the Water Resources Development Act of 

24 1996 (33 U.S.C. 2330), is modified to direct the Secretary 

25 to credit toward the non-Federal share of the cost of the 
130 

HR 2864 PCS 

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

2 interest before the date of the partnership agreement for 

3 the project if the Secretary determines that the work is 

4 integral to the project and to authorize the Secretary to 

5 consider national ecosystem restoration benefits in deter6 mining the Federal interest in the project. 

7 SEC. 3030. WILDCAT/SAN PABLO CREEK PHASE I, CALI8 FORNIA. 

9 The project for improvement of the quality of the en10 vironment, Wildcat/San Pablo Creek Phase I, California, 

11 being carried out under section 1135 of the Water Re12 sources Development Act of 1986 (33 U.S.C. 2309a), is 

13 modified to direct the Secretary to credit toward the non14 Federal share of the cost of the project the cost of work 

15 carried out by the non-Federal interest before the date of 

16 the partnership agreement for the project if the Secretary 

17 determines that the work is integral to the project. 

18 SEC. 3031. WILDCAT/SAN PABLO CREEK PHASE II, CALI19 FORNIA. 

20 The project for aquatic ecosystem restoration, Wild21 cat/San Pablo Creek Phase II, California, being carried 

22 out under section 206 of the Water Resources Develop23 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 

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

25 the cost of the project the cost of work carried out by 
131 

HR 2864 PCS 

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

2 agreement for the project if the Secretary determines that 

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

4 Secretary to consider national ecosystem restoration bene5 fits in determining the Federal interest in the project. 

6 SEC. 3032. YUBA RIVER BASIN PROJECT, CALIFORNIA. 

7 The project for flood damage reduction, Yuba River 

8 Basin, California, authorized by section 101(a)(10) of the 

9 Water Resources Development Act of 1999 (113 Stat. 

10 275), is modified— 

11 (1) to authorize the Secretary to construct the 

12 project at a total cost of $107,700,000, with an esti13 mated Federal cost of $70,000,000 and an esti14 mated non-Federal cost of $37,700,000; and 

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

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

17 of work carried out by the non-Federal interest be18 fore the date of the partnership agreement for the 

19 project if the Secretary determines that the work is 

20 integral to the project. 

21 SEC. 3033. SOUTH PLATTE RIVER BASIN, COLORADO. 

22 Section 808 of the Water Resources Development Act 

23 of 1986 (100 Stat. 4168) is amended by striking ‘‘agri24 culture,’’ and inserting ‘‘agriculture, environmental res25 toration,’’. 
132 

HR 2864 PCS 

1 SEC. 3034. INTRACOASTAL WATERWAY, DELAWARE RIVER 

2 TO CHESAPEAKE BAY, DELAWARE AND MARY3 LAND. 

4 The project for navigation, Intracoastal Waterway, 

5 Delaware River to Chesapeake Bay, Delaware and Mary6 land, authorized by the first section of the Rivers and Har7 bors Act of August 30, 1935 (49 Stat. 1030), and section 

8 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 

9 is modified to add recreation as a project purpose. 

10 SEC. 3035. BREVARD COUNTY, FLORIDA. 

11 (a) SHORELINE.—The project for shoreline protec12 tion, Brevard County, Florida, authorized by section 

13 101(b)(7) of the Water Resources Development Act of 

14 1996 (110 Stat. 3667), is modified— 

15 (1) to direct the Secretary to establish the 

16 reach of the project as the reach between the Flor17 ida department of environmental protection monu18 ments 75.4 to 118.3, a distance of 7.6 miles; and 

19 (2) to direct the Secretary to expedite the gen20 eral reevaluation report required by section 418 of 

21 the Water Resources Development Act of 2000 (114 

22 Stat. 2637). 

23 (b) CREDIT.—Section 310 of the Water Resources 

24 Development Act of 1999 (113 Stat. 301) is amended by 

25 adding at the end the following: 
133 

HR 2864 PCS 

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

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

3 cost of the project the cost of nourishment and renourish4 ment associated with the shore protection project incurred 

5 by the non-Federal interest to respond to damages to 

6 Brevard County beaches that are the result of a Federal 

7 navigation project, as determined in the final report for 

8 the study.’’. 

9 SEC. 3036. BROWARD COUNTY AND HILLSBORO INLET, 

10 FLORIDA. 

11 The project for shore protection, Broward County 

12 and Hillsboro Inlet, Florida, authorized by section 301 of 

13 the River and Harbor Act of 1965 (79 Stat. 1090), and 

14 modified by section 311 of the Water Resources Develop15 ment Act of 1999 (113 Stat. 301), is further modified to 

16 direct the Secretary to credit toward the non-Federal 

17 share of the cost of the project the cost of mitigation con18 struction and derelict erosion control structure removal 

19 carried out by the non-Federal interest before the date of 

20 the partnership agreement for the project if the Secretary 

21 determines that the work is integral to the project. 

22 SEC. 3037. CANAVERAL HARBOR, FLORIDA. 

23 In carrying out the project for navigation, Canaveral 

24 Harbor, Florida, authorized by section 101 of the River 
134 

HR 2864 PCS 

1 and Harbor Act of 1962 (76 Stat. 1174), the Secretary 

2 shall construct a sediment trap. 

3 SEC. 3038. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 

4 The project for shore protection, Gasparilla and 

5 Estero Island segments, Lee County, Florida, authorized 

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

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

8 1970, and by House Resolution dated December 15, 1970, 

9 and modified by section 309 of the Water Resources De10 velopment Act of 2000 (114 Stat. 2602), is further modi11 fied to direct the Secretary to credit toward the non-Fed12 eral share of the cost of the project the cost of work car13 ried out by the non-Federal interest before the date of the 

14 partnership agreement for the project if the Secretary de15 termines that the work is integral to the project. 

16 SEC. 3039. JACKSONVILLE HARBOR, FLORIDA. 

17 (a) IN GENERAL.—The project for navigation, Jack18 sonville Harbor, Florida, authorized by section 101(a)(17) 

19 of the Water Resources Development Act of 1999 (113 

20 Stat. 276), is modified to authorize the Secretary to ex21 tend the navigation features in accordance with the Report 

22 of the Chief of Engineers, dated July 22, 2003, at a total 

23 cost of $14,658,000, with an estimated Federal cost of 

24 $9,636,000 and an estimated non-Federal cost of 

25 $5,022,000. 
135 

HR 2864 PCS 

1 (b) GENERAL REEVALUATION REPORTS.—The non2 Federal share of the cost of the general reevaluation re3 port that resulted in the report of the Chief of Engineers 

4 for the project and the non-Federal share of the cost of 

5 the general reevaluation report for Jacksonville Harbor, 

6 Florida, being conducted on June 1, 2005, shall each be 

7 the same percentage as the non-Federal share of the cost 

8 of construction of the project. 

9 (c) AGREEMENT.—The Secretary shall enter into new 

10 partnership agreements with the non-Federal interest to 

11 reflect the cost sharing required by subsection (b). 

12 SEC. 3040. LIDO KEY BEACH, SARASOTA, FLORIDA. 

13 (a) IN GENERAL.—The project for shore protection, 

14 Lido Key Beach, Sarasota, Florida, authorized by section 

15 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 

16 deauthorized under section 1001(b) of the Water Re17 sources Development Act of 1986 (33 U.S.C. 579a(b)), 

18 and reauthorized by section 364(2)(A) of the Water Re19 sources Development Act of 1999 (113 Stat. 313), is 

20 modified to direct the Secretary to construct the project 

21 substantially in accordance with the report of the Chief 

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

23 of $14,809,000, with an estimated Federal cost of 

24 $9,088,000 and an estimated non-Federal cost of 

25 $5,721,000, and at an estimated total cost of $58,635,000 
136 

HR 2864 PCS 

1 for periodic nourishment over the 50-year life of the 

2 project. 

3 (b) CONSTRUCTION OF SHORELINE PROTECTION

4 PROJECTS BY NON-FEDERAL INTERESTS.—The Sec5 retary shall enter into a partnership agreement with the 

6 non-Federal sponsor in accordance with section 206 of the 

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

8 426i–1) for the modified project. 

9 SEC. 3041. MIAMI HARBOR, FLORIDA. 

10 The project for navigation, Miami Harbor Channel, 

11 Florida, authorized by section 101(a)(9) of the Water Re12 sources Development Act of 1990 (104 Stat. 4606) and 

13 modified by section 315 of the Water Resources Develop14 ment Act of 1999 (113 Stat. 302), is further modified— 

15 (1) to include as a project purpose environ16 mental mitigation required before July 18, 2003, by 

17 a Federal, State, or local environmental agency for 

18 unauthorized or unanticipated environmental im19 pacts within, or in the vicinity of, the authorized 

20 project; and 

21 (2) to direct the Secretary to reimburse the 

22 non-Federal interest for the Federal share of the 

23 costs the non-Federal interest has incurred in con24 struction of the project (including environmental 

25 mitigation costs and costs incurred for incomplete 
137 

HR 2864 PCS 

1 usable increments of the project) in accordance with 

2 section 204 of the Water Resources Development 

3 Act of 1986 (33 U.S.C. 2232). 

4 SEC. 3042. PEANUT ISLAND, FLORIDA. 

5 The maximum amount of Federal funds that may be 

6 expended for the project for improvement of the quality 

7 of the environment, Peanut Island, Palm Beach County, 

8 Florida, being carried out under section 1135 of the Water 

9 Resources Development Act of 1986 (33 U.S.C. 2309a) 

10 shall be $9,750,000. 

11 SEC. 3043. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 

12 The project for navigation, Tampa Harbor-Big Bend 

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

14 Water Resources Development Act of 1999 (113 Stat. 

15 276) 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, design, and construction 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. 3044. TAMPA HARBOR CUT B, FLORIDA. 

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

23 Tampa Harbor, Florida, authorized by section 101 of the 

24 River and Harbor Act of 1970 (84 Stat. 1818), is modified 

25 to authorize the Secretary to construct passing lanes in 
138 

HR 2864 PCS 

1 an area approximately 3.5 miles long and centered on 

2 Tampa Harbor Cut B if the Secretary determines that 

3 such improvements are necessary for navigation safety. 

4 (b) GENERAL REEVAULATION REPORT.—The non5 Federal share of the cost of the general reevaluation re6 port for Tampa Harbor, Florida, being conducted on June 

7 1, 2005, shall be the same percentage as the non-Federal 

8 share of the cost of construction of the project. 

9 (c) AGREEMENT.—The Secretary shall enter into a 

10 new partnership agreement with the non-Federal interest 

11 to reflect the cost sharing required by subsection (b). 

12 SEC. 3045. ALLATOONA LAKE, GEORGIA. 

13 (a) LAND EXCHANGE.— 

14 (1) IN GENERAL.—The Secretary may exchange 

15 lands above 863 feet in elevation at Allatoona Lake, 

16 Georgia, identified in the Real Estate Design Memo17 randum prepared by the Mobile district engineer, 

18 April 5, 1996, and approved October 8, 1996, for 

19 lands on the north side of Allatoona Lake that are 

20 needed for wildlife management and for protection 

21 of the water quality and overall environment of 

22 Allatoona Lake. 

23 (2) TERMS AND CONDITIONS.—The basis for all 

24 land exchanges under this subsection shall be a fair 
139 

HR 2864 PCS 

1 market appraisal so that lands exchanged are of 

2 equal value. 

3 (b) DISPOSAL AND ACQUISITION OF LANDS, 

4 ALLATOONA LAKE, GEORGIA.— 

5 (1) IN GENERAL.—The Secretary may also sell 

6 lands above 863 feet in elevation at Allatoona Lake, 

7 Georgia, identified in the memorandum referred to 

8 in subsection (a)(1) and may use the proceeds to 

9 pay costs associated with the purchase of lands 

10 needed for wildlife management and for protection 

11 of the water quality and overall environment of 

12 Allatoona Lake. 

13 (2) TERMS AND CONDITIONS.—Land sales and 

14 purchases to be conducted under this subsection 

15 shall be subject to the following terms and condi16 tions: 

17 (A) Lands acquired under this subsection 

18 shall be by negotiated purchase from willing 

19 sellers only. 

20 (B) The basis for all transactions under 

21 the program shall be a fair market appraisal 

22 acceptable to the Secretary. 

23 (C) The purchasers shall share in the asso24 ciated environmental and real estate costs, to 

25 include surveys and associated fees in accord-
140 

HR 2864 PCS 

1 ance with the memorandum referred to in sub2 section (a)(1). 

3 (D) Any other conditions that the Sec4 retary may impose. 

5 (c) REPEAL.—Section 325 of the Water Resources 

6 Development Act of 1992 (106 Stat. 4849) is repealed. 

7 SEC. 3046. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 

8 The maximum amount of Federal funds that may be 

9 expended for the project for improvement of the quality 

10 of the environment, Latham River, Glynn County, Geor11 gia, being carried out under section 1135 of the Water 

12 Resources Development Act of 1986 (33 U.S.C. 2309a) 

13 shall be $6,175,000. 

14 SEC. 3047. DWORSHAK DAM AND RESERVOIR IMPROVE15 MENTS, IDAHO. 

16 The Secretary may carry out improvements to rec17 reational facilities at the Dworshak Dam and Reservoir, 

18 North Fork, Clearwater River, Idaho, authorized by sec19 tion 203 of the Flood Control Act of 1962 (76 Stat. 1193), 

20 to accommodate lower pool levels. 

21 SEC. 3048. BEARDSTOWN COMMUNITY BOAT HARBOR, 

22 BEARDSTOWN, ILLINOIS. 

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

24 Muscooten Bay, Illinois River, Beardstown Community 

25 Boat Harbor, Beardstown, Illinois, constructed under sec-
141 

HR 2864 PCS 

1 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 

2 577), is modified— 

3 (1) to include the channel between the harbor 

4 and the Illinois River; and 

5 (2) to direct the Secretary to enter into a part6 nership agreement with the city of Beardstown to 

7 replace the local cooperation agreement dated Au8 gust 18, 1983, with the Beardstown Community 

9 Park District. 

10 (b) TERMS OF PARTNERSHIP AGREEMENT.—The 

11 partnership agreement referred to in subsection (a) shall 

12 include the same rights and responsibilities as the local 

13 cooperation agreement dated August 18, 1983, changing 

14 only the identity of the non-Federal sponsor. 

15 (c) MAINTENANCE.—Following execution of the part16 nership agreement referred to in subsection (a), the Sec17 retary may carry out maintenance of the project referred 

18 to in subsection (a) on an annual basis. 

19 SEC. 3049. CACHE RIVER LEVEE, ILLINOIS. 

20 The Cache River Levee portion of the project for 

21 flood control, Cache River, Illinois, authorized by the Act 

22 of June 28, 1938 (52 Stat. 1215), is modified to add envi23 ronmental restoration as a project purpose. 
142 

HR 2864 PCS 

1 SEC. 3050. CHICAGO RIVER, ILLINOIS. 

2 The navigation channel for the North Branch Canal 

3 portion of the Chicago River, authorized by the first sec4 tion of the Rivers and Harbors Appropriations Act of 

5 March 3, 1899 (30 Stat. 1129), extending from 100 feet 

6 downstream of the Halsted Street Bridge to 100 feet up7 stream of the Division Street Bridge is modified to be no 

8 wider than 66 feet. 

9 SEC. 3051. CHICAGO SANITARY AND SHIP CANAL, ILLINOIS. 

10 (a) EXISTING BARRIER.—The Secretary shall up11 grade and make permanent, at Federal expense, the exist12 ing Chicago Sanitary and Ship Canal Dispersal Barrier 

13 Chicago, Illinois, constructed as a demonstration project 

14 under section 1202(i)(3) of the Nonindigenous Aquatic 

15 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

16 4722(i)(3)). 

17 (b) OPERATION AND MAINTENANCE.—The barrier 

18 referred to in subsection (a) and the barrier in the Chicago 

19 Sanitary and Ship Canal being constructed under section 

20 1135 of the Water Resources Development Act of 1986 

21 (33 U.S.C. 2309a) shall be operated and maintained, at 

22 Federal expense, as a system in a manner to optimize ef23 fectiveness. Operation and maintenance includes inves24 tigating and eliminating potential pathways that may 

25 allow aquatic species in the Des Plaines River and Illinois 
143 

HR 2864 PCS 

1 and Michigan Canal to bypass the barriers in the Chicago 

2 Sanitary and Ship Canal. 

3 (c) FEASIBILITY STUDY.—The Secretary, in con4 sultation with appropriate Federal, State, local, and non5 governmental entities, shall conduct a feasibility study, at 

6 Federal expense, of the range of options and technologies 

7 available to prevent the spread of aquatic species between 

8 the Great Lakes and Mississippi River Basins through the 

9 Chicago Sanitary and Ship Canal and other pathways. 

10 SEC. 3052. EMIQUON, ILLINOIS. 

11 (a) MAXIMUM AMOUNT.—The maximum amount of 

12 Federal funds that may be expended for the project for 

13 aquatic ecosystem restoration, Emiquon, Illinois, being 

14 carried out under section 206 of the Water Resources De15 velopment Act of 1996 (33 U.S.C. 2330), shall be 

16 $7,500,000. 

17 (b) LIMITATION.—Nothing in this section shall affect 

18 the eligibility of the project for emergency repair assist19 ance under section 5(a) of the Act entitled ‘‘An Act au20 thorizing the construction of certain public works on rivers 

21 and harbors for flood control, and for other purposes’’, 

22 approved August 18, 1941 (33 U.S.C. 701n). 

23 SEC. 3053. LASALLE, ILLINOIS. 

24 In carrying out section 312 of the Water Resources 

25 Development Act of 1990 (104 Stat. 4639–4640), the Sec-
144 

HR 2864 PCS 

1 retary shall give priority to work in the vicinity of LaSalle, 

2 Illinois, on the Illinois and Michigan Canal. 

3 SEC. 3054. SPUNKY BOTTOMS, ILLINOIS. 

4 (a) PROJECT PURPOSE.—The project for flood con5 trol, Spunky Bottoms, Illinois, authorized by section 5 of 

6 the Flood Control Act of June 26, 1936 (35 Stat. 1584), 

7 is modified to add environmental restoration as a project 

8 purpose. 

9 (b) MAXIMUM AMOUNT.—The maximum amount of 

10 Federal funds that may be expended for the project for 

11 improvement of the quality of the environment, Spunky 

12 Bottoms, Illinois, being carried out under section 1135 of 

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

14 2309a), shall be $7,500,000. 

15 (c) LIMITATION.—Nothing in this section shall affect 

16 the eligibility of the project for emergency repair assist17 ance under section 5(a) of the Act entitled ‘‘An Act au18 thorizing the construction of certain public works on rivers 

19 and harbors for flood control, and for other purposes’’, 

20 approved August 18, 1941 (33 U.S.C. 701n). 

21 SEC. 3055. FORT WAYNE AND VICINITY, INDIANA. 

22 The project for flood control Fort Wayne, St. Mary’s 

23 and Maumee Rivers, Indiana, authorized by section 

24 101(a)(11) of the Water Resources Development Act of 

25 1990 (104 Stat. 4604), is modified— 
145 

HR 2864 PCS 

1 (1) to direct the Secretary to provide a 100- 

2 year level of flood protection at the Berry-Thieme, 

3 Park-Thompson, Woodhurst, and Tillman sites 

4 along the St. Mary’s River, Fort Wayne and vicinity, 

5 Indiana, at a total cost of $5,300,000; and 

6 (2) to allow the non-Federal interest to partici7 pate in the financing of the project in accordance 

8 with section 903(c) of the Water Resources Develop9 ment Act of 1986 (100 Stat. 4184) to the extent 

10 that the Secretary’s evaluation indicates that apply11 ing such section is necessary to implement the 

12 project. 

13 SEC. 3056. KOONTZ LAKE, INDIANA. 

14 The project for aquatic ecosystem restoration, Koontz 

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

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

17 2330) and modified by section 520 of the Water Resources 

18 Development Act of 2000 (114 Stat. 2655), is further 

19 modified to direct the Secretary to seek to reduce the cost 

20 of the project by using innovative technologies and cost 

21 reduction measures determined from a review of non-Fed22 eral lake dredging projects in the vicinity of Koontz Lake. 

23 SEC. 3057. LITTLE CALUMET RIVER, INDIANA. 

24 The project for flood control, Little Calumet River, 

25 Indiana, authorized by section 401(a) of the Water Re-
146 

HR 2864 PCS 

1 sources Development Act of 1986 (100 Stat. 4115), is 

2 modified to authorize the Secretary to carry out the 

3 project in accordance with the postauthorization change 

4 report dated August 2000, at a total cost of 

5 $198,000,000, with an estimated Federal cost of 

6 $148,500,000 and an estimated non-Federal cost of 

7 $49,500,000. 

8 SEC. 3058. WHITE RIVER, INDIANA. 

9 The project for flood control, Indianapolis on West 

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

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

12 certain public works on rivers and harbors for flood con13 trol, and for other purposes’’, approved June 22, 1936 (49 

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

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

16 section 322 of the Water Resources Development Act of 

17 1999 (113 Stat. 303–304), is further modified— 

18 (1) to authorize the Secretary to undertake the 

19 riverfront alterations described in the Central Indi20 anapolis Waterfront Concept Plan, dated February 

21 1994, for the Fall Creek Reach feature at a total 

22 cost of $28,545,000; and 

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

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

25 of planning, design, and construction work carried 
147 

HR 2864 PCS 

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

2 the partnership agreement for the project if the Sec3 retary determines that the work is integral to the 

4 project. 

5 SEC. 3059. DES MOINES RIVER AND GREENBELT, IOWA. 

6 The project for the Des Moines Recreational River 

7 and Greenbelt, Iowa, authorized by Public Law 99–88 and 

8 modified by section 604 of the Water Resources Develop9 ment Act of 1986 (100 Stat. 4153), is modified to include 

10 enhanced public access and recreational enhancements, at 

11 a Federal cost of $3,000,000. 

12 SEC. 3060. PRESTONSBURG, KENTUCKY. 

13 The Prestonsburg, Kentucky, element of the project 

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

15 and Cumberland Rivers, West Virginia, Virginia, and Ken16 tucky, authorized by section 202(a) of the Energy and 

17 Water Development Appropriations Act, 1981 (94 Stat. 

18 1339), is modified to direct the Secretary to take measures 

19 to provide a 100-year level of flood protection for the city 

20 of Prestonsburg. 

21 SEC. 3061. AMITE RIVER AND TRIBUTARIES, LOUISIANA, 

22 EAST BATON ROUGE PARISH WATERSHED. 

23 The project for flood damage reduction and recre24 ation, Amite River and Tributaries, Louisiana, East 

25 Baton Rouge Parish Watershed, authorized by section 
148 

HR 2864 PCS 

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

2 1999 (113 Stat. 277) and modified by section 116 of divi3 sion D of Public Law 108–7 (117 Stat. 140), is further 

4 modified— 

5 (1) to direct the Secretary to carry out the 

6 project with the cost sharing for the project deter7 mined in accordance with section 103(a) of the 

8 Water Resources Development Act of 1986 (33 

9 U.S.C. 2213(a)), as in effect on October 11, 1996; 

10 (2) to authorize the Secretary to construct the 

11 project at a total cost of $178,000,000; and 

12 (3) to direct the Secretary to credit toward the 

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

14 of work carried out by the non-Federal interest be15 fore the date of the partnership agreement for the 

16 project if the Secretary determines that the work is 

17 integral to the project. 

18 SEC. 3062. ATCHAFALAYA BASIN, LOUISIANA. 

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

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

21 2604) is amended to read as follows: 

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

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

24 A Regional Visitor Center in the vicinity of Morgan 

25 City, Louisiana, in consultation with the State of 
149 

HR 2864 PCS 

1 Louisiana, to provide information to the public on 

2 the Atchafalaya River system and other associated 

3 waterways that have influenced surrounding commu4 nities, and national and local water resources devel5 opment of the Army Corps of Engineers in South 

6 Central Louisiana; and’’. 

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

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

9 ‘‘(a)(2)’’. 

10 (c) DONATIONS.—Section 315 of such Act is amend11 ed by adding at the end the following: 

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

13 the Mississippi River Commission is authorized to accept 

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

15 from non-Federal governmental entities and nonprofit cor16 porations.’’. 

17 SEC. 3063. BAYOU PLAQUEMINE, LOUISIANA. 

18 The project for the improvement of the quality of the 

19 environment, Bayou Plaquemine, Louisiana, being carried 

20 out under section 1135 of the Water Resources Develop21 ment Act of 1986 (33 U.S.C. 2309(a)), is modified to di22 rect the Secretary to credit toward the non-Federal share 

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

24 the non-Federal interest before the date of the partnership 
150 

HR 2864 PCS 

1 agreement for the project if the Secretary determines that 

2 the work is integral to the project. 

3 SEC. 3064. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU4 ISIANA. 

5 The public access feature of the Atchafalaya Basin 

6 Floodway System project, Louisiana, authorized by sec7 tion 601(a) of the Water Resources Development Act 

8 1986 (100 Stat. 4142), is modified to authorize the Sec9 retary to acquire from willing sellers the fee interest, ex10 clusive of oil, gas, and minerals, of an additional 20,000 

11 acres of land within the Lower Atchafalaya Basin 

12 Floodway for the public access feature of the Atchafalaya 

13 Basin Floodway System, to enhance fish and wildlife re14 sources, at a total cost of $4,000,000. 

15 SEC. 3065. J. BENNETT JOHNSTON WATERWAY, MISSISSIPPI 

16 RIVER TO SHREVEPORT, LOUISIANA. 

17 The project for mitigation of fish and wildlife losses, 

18 J. Bennett Johnston Waterway, Mississippi River to 

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

20 Water Resources Development Act of 1986 (100 Stat. 

21 4142) and modified by section 4(h) of the Water Re22 sources Development Act of 1988 (102 Stat. 4016), sec23 tion 102(p) of the Water Resources Development Act of 

24 1990 (104 Stat. 4613), section 301(b)(7) of the Water 

25 Resources Development Act of 1996 (110 Stat. 3710), and 
151 

HR 2864 PCS 

1 section 316 of the Water Resources Development Act of 

2 2000 (114 Stat. 2572), is further modified— 

3 (1) to authorize the purchase and reforesting 

4 lands that have been cleared or converted to agricul5 tural uses; and 

6 (2) to incorporate current wildlife and forestry 

7 management practices for the purpose of improving 

8 species diversity on mitigation lands that meet Fed9 eral and State of Louisiana habitat goals and objec10 tives. 

11 SEC. 3066. MISSISSIPPI DELTA REGION, LOUISIANA. 

12 The Mississippi Delta Region project, Louisiana, au13 thorized as part of the project for hurricane-flood protec14 tion on Lake Pontchartrain, Louisiana, by section 204 of 

15 the Flood Control Act of 1965 (79 Stat. 1077) and modi16 fied by section 365 of the Water Resources Development 

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

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

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

20 in the Davis Pond project area if the Secretary determines 

21 that the work is integral to the Mississippi Delta Region 

22 project. 

23 SEC. 3067. NEW ORLEANS TO VENICE, LOUISIANA. 

24 The New Orleans to Venice, Louisiana, project for 

25 hurricane protection, authorized by section 203 of the 
152 

HR 2864 PCS 

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

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

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

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

5 SEC. 3068. WEST BANK OF THE MISSISSIPPI RIVER (EAST 

6 OF HARVEY CANAL), LOUISIANA. 

7 Section 328 of the Water Resources Development Act 

8 of 1999 (113 Stat. 304–305) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘operation and mainte11 nance’’ and inserting ‘‘operation, maintenance, 

12 rehabilitation, repair, and replacement’’; and 

13 (B) by striking ‘‘Algiers Channel’’ and in14 serting ‘‘Algiers Canal Levees’’; and 

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

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

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

18 SEC. 3069. CAMP ELLIS, SACO, MAINE. 

19 The maximum amount of Federal funds that may be 

20 expended for the project being carried out under section 

21 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 

22 for the mitigation of shore damages attributable to the 

23 project for navigation, Camp Ellis, Saco, Maine, shall be 

24 $25,000,000. 
153 

HR 2864 PCS 

1 SEC. 3070. UNION RIVER, MAINE. 

2 The project for navigation, Union River, Maine, au3 thorized by the first section of the Act entitled ‘‘An Act 

4 making appropriations for the construction, repair, and 

5 preservation of certain public works on rivers and harbors, 

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

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

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

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

10 N315,975.13, E1,004,424.86, thence running north 61 

11 degrees 27 minutes 20.71 seconds west about 132.34 feet 

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

13 SEC. 3071. GWYNNS FALLS WATERSHED, BALTIMORE, 

14 MARYLAND. 

15 (a) IN GENERAL.—The Secretary shall carry out the 

16 project for ecosystem restoration, Gwynns Falls, Mary17 land, in accordance with the Baltimore Metropolitan 

18 Water Resources Gwynns Falls Watershed Study-Draft 

19 Feasibility Report and Integrated Environmental Assess20 ment prepared by the Corps of Engineers and the city of 

21 Baltimore, Maryland, dated April 2004. 

22 (b) SPECIAL RULE FOR GWYNNS FALLS, MARY23 LAND.—The report on the project for environmental res24 toration at Gwynns Falls, Maryland, shall be treated as 

25 being consistent and in compliance with the consent decree 

26 entered into between the United States and the Mayor and 
154 

HR 2864 PCS 

1 City Council of Baltimore, Maryland, filed with the United 

2 States District Court for the District of Maryland on April 

3 26, 2002. 

4 (c) REPEAL.—Section 123 of Public Law 108–137 

5 (117 Stat. 1837) is repealed. 

6 SEC. 3072. BOSTON HARBOR, MASSACHUSETTS. 

7 The project for navigation, Boston Harbor, Massa8 chusetts, authorized by section 101(a)(13) of the Water 

9 Resources Development Act of 1990 (104 Stat. 4607), is 

10 modified to provide that no funds may be expended for 

11 the dredging of Chelsea Creek until the city of Boston and 

12 the United States Coast Guard complete the replacement 

13 of the Chelsea Street Bridge, as identified in the limited 

14 reevaluation report for the project dated June 1996. 

15 SEC. 3073. DETROIT RIVER SHORELINE, DETROIT, MICHI16 GAN. 

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

18 streambank and shoreline protection, Detroit River Shore19 line, Detroit, Michigan, being carried out under section 14 

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

21 modified to include measures to enhance public access. 

22 (b) MAXIMUM FEDERAL EXPENDITURE.—The max23 imum amount of Federal funds that may be expended for 

24 the project shall be $3,000,000. 
155 

HR 2864 PCS 

1 SEC. 3074. 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. 3075. 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). 
156 

HR 2864 PCS 

1 SEC. 3076. 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. 3077. 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 
157 

HR 2864 PCS 

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. 3078. 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. 3079. GRANITE FALLS, MINNESOTA. 

24 (a) IN GENERAL.—The Secretary is directed to im25 plement under section 205 of the Flood Control Act of 
158 

HR 2864 PCS 

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. 
159 

HR 2864 PCS 

1 SEC. 3080. KNIFE RIVER HARBOR, MINNESOTA. 

2 The project for navigation, Harbor at Knife River, 

3 Minnesota, authorized by section 2 of the Rivers and Har4 bors Act of March 2, 1945 (59 Stat. 19), is modified to 

5 direct the Secretary to develop a final design and prepare 

6 plans and specifications to correct the harbor entrance and 

7 mooring conditions at the project. 

8 SEC. 3081. 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. 3082. 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. 
160 

HR 2864 PCS 

1 SEC. 3083. 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. 3084. 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. 3085. 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-
161 

HR 2864 PCS 

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. 3086. 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 
162 

HR 2864 PCS 

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. 3087. 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. 3088. 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. 
163 

HR 2864 PCS 

1 SEC. 3089. 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. 3090. 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 
164 

HR 2864 PCS 

1 of the project if such funds are authorized to be 

2 used to carry out the project. 

3 SEC. 3091. 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. 
165 

HR 2864 PCS 

1 SEC. 3092. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, 

2 NEW JERSEY. 

3 The project for navigation mitigation, ecosystem res4 toration, shore protection, and hurricane and storm dam5 age reduction, Lower Cape May Meadows, Cape May 

6 Point, New Jersey, authorized by section 101(a)(25) of 

7 the Water Resources Development Act of 1999 (113 Stat. 

8 278), is modified to incorporate the project for shoreline 

9 erosion control, Cape May Point, New Jersey, carried out 

10 under section 5 of the Act entitled ‘‘An Act authorizing 

11 Federal participation in the cost of protecting the shores 

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

13 (33 U.S.C. 426h), if the Secretary determines that such 

14 incorporation is feasible. 

15 SEC. 3093. PASSAIC RIVER BASIN FLOOD MANAGEMENT, 

16 NEW JERSEY. 

17 The project for flood control, Passaic River, New Jer18 sey and New York, authorized by section 101(a)(18) of 

19 the Water Resources Development Act of 1990 (104 Stat. 

20 4607) and modified by section 327 of the Water Resources 

21 Development Act of 2000 (114 Stat. 2607), is further 

22 modified to direct the Secretary to include the benefits and 

23 costs of preserving natural flood storage in any future eco24 nomic analysis of the project. 
166 

HR 2864 PCS 

1 SEC. 3094. BUFFALO HARBOR, NEW YORK. 

2 The project for navigation, Buffalo Harbor, New 

3 York, authorized by section 101 of the River and Harbor 

4 Act of 1962 (76 Stat. 1176), is modified to include meas5 ures to enhance public access, at Federal cost of 

6 $500,000. 

7 SEC. 3095. ORCHARD BEACH, BRONX, NEW YORK. 

8 Section 554 of the Water Resources Development Act 

9 of 1996 (110 Stat. 3781) is amended by striking ‘‘max10 imum Federal cost of $5,200,000’’ and inserting ‘‘total 

11 cost of $20,000,000’’. 

12 SEC. 3096. PORT OF NEW YORK AND NEW JERSEY, NEW 

13 YORK AND NEW JERSEY. 

14 The navigation project, Port of New York and New 

15 Jersey, New York and New Jersey, authorized by section 

16 101(a)(2) of the Water Resources Development Act of 

17 2000 (114 Stat. 2576), is modified— 

18 (1) to authorize the Secretary to allow the non19 Federal interest to construct a temporary dredged 

20 material storage facility to receive dredged material 

21 from the project if— 

22 (A) the non-Federal interest submits, in 

23 writing, a list of potential sites for the tem24 porary storage facility to the Committee on 

25 Transportation and Infrastructure of the House 

26 of Representatives, the Committee on Environ-
167 

HR 2864 PCS 

1 ment and Public Works of the Senate, and the 

2 Secretary at least 180 days before the selection 

3 of the final site; and 

4 (B) at least 70 percent of the dredged ma5 terial generated in connection with the project 

6 suitable for beneficial reuse will be used at sites 

7 in the State of New Jersey to the extent that 

8 there are sufficient sites available; and 

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

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

11 of construction of the temporary storage facility if 

12 the Secretary determines that the work is integral to 

13 the project. 

14 SEC. 3097. NEW YORK STATE CANAL SYSTEM. 

15 Section 553(c) of the Water Resources Development 

16 Act of 1996 (110 Stat. 3781) is amended to read as fol17 lows: 

18 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.— 

19 In this section, the term ‘New York State Canal System’ 

20 means the 524 miles of navigable canal that comprise the 

21 New York State Canal System, including the Erie, Ca22 yuga-Seneca, Oswego, and Champlain Canals and the his23 toric alignments of these canals, including the cities of Al24 bany and Buffalo.’’. 
168 

HR 2864 PCS 

1 SEC. 3098. LOWER GIRARD LAKE DAM, OHIO. 

2 Section 507(1) of the Water Resources Development 

3 Act of 1996 (110 Stat. 3758) is amended by striking 

4 ‘‘$2,500,000’’ and inserting ‘‘$6,000,000’’. 

5 SEC. 3099. MAHONING RIVER, OHIO. 

6 In carrying out the project for environmental dredg7 ing, authorized by section 312(f)(4) of the Water Re8 sources Development Act of 1990 (33 U.S.C. 1272(f)(4)), 

9 the Secretary is directed to credit toward the non-Federal 

10 share of the cost of the project the cost of work carried 

11 out by the non-Federal interest before the date of the part12 nership agreement for the project if the Secretary deter13 mines that the work is integral to the project. 

14 SEC. 3100. ARCADIA LAKE, OKLAHOMA. 

15 Payments made by the city of Edmond, Oklahoma, 

16 to the Secretary in October 1999 of costs associated with 

17 present and future water storage at Arcadia Lake, Okla18 homa, under Arcadia Lake Water Storage Contract Num19 ber DACW56–79–C–0072 shall satisfy the obligations of 

20 the city under that contract for such costs, including ac21 crued interest. 

22 SEC. 3101. WAURIKA LAKE, OKLAHOMA. 

23 The remaining obligation of the Waurika Project 

24 Master Conservancy District payable to the United States 

25 Government in the amounts, rates of interest, and pay26 ment schedules is set at the amounts, rates of interest, 
169 

HR 2864 PCS 

1 and payment schedules that existed, and that both parties 

2 agreed to, on June 3, 1986, and may not be adjusted, 

3 altered, or changed without a specific, separate, and writ4 ten agreement between the District and the United States 

5 Government. 

6 SEC. 3102. WILLAMETTE RIVER TEMPERATURE CONTROL, 

7 MCKENZIE SUBBASIN, OREGON. 

8 (a) IN GENERAL.—The project for environmental 

9 restoration, Willamette River temperature control, 

10 McKenzie Subbasin, Oregon, authorized by section 

11 101(a)(25) of the Water Resources Development Act of 

12 1996 (110 Stat. 3665) and modified by section 344 of 

13 the Water Resources Development Act of 1999 (113 Stat. 

14 308), is further modified to direct the Secretary to pay, 

15 subject to the availability of appropriations, compensation 

16 for losses to small business attributable to the implemen17 tation of the drawdown conducted as a part of project im18 plementation in 2002. 

19 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

20 120 days after the date of enactment of this Act, the Sec21 retary shall establish, and provide public notice of, a pro22 gram— 

23 (1) to receive claims for compensation for losses 

24 to small business attributable to the implementation 
170 

HR 2864 PCS 

1 of the drawdown conducted as a part of project im2 plementation in 2002; 

3 (2) to evaluate claims for such losses; and 

4 (3) to pay claims for such losses. 

5 (c) IMPLEMENTATION OF PROGRAM.—In carrying 

6 out the program established under subsection (b), the Sec7 retary shall provide— 

8 (1) public notice of the existence of the pro9 gram sufficient to reach those in the area that may 

10 have suffered losses to small businesses; 

11 (2) a period for the submission of claims of not 

12 fewer than 45 days and not greater than 75 days 

13 from the date of the first public notice of the exist14 ence of the program; 

15 (3) for the evaluation of each claim submitted 

16 to the Secretary under the program and a deter17 mination of whether the claim constitutes a loss to 

18 a small business on or before the last day of the 30- 

19 day period beginning on the date of submission of 

20 the claim; and 

21 (4) for the payment of each claim that the Sec22 retary determines constitutes a loss to a small busi23 ness on or before the last day of the 30-day period 

24 beginning on the date of the Secretary’s determina25 tion. 
171 

HR 2864 PCS 

1 (d) LOSS TO A SMALL BUSINESS DEFINED.—In this 

2 section, the term ‘‘loss to a small business’’ means docu3 mented financial losses associated with commercial activ4 ity of a small business that can be attributed to the tur5 bidity levels in the McKenzie River being higher than 

6 those anticipated in the original planning documents and 

7 public announcements existing before the initiation of the 

8 drawdown in 2002. Commercial losses include decline in 

9 sales, loss of revenue (including loss of revenue from can10 celed or delayed reservations at lodging establishments), 

11 and any other financial losses that can be shown to be 

12 associated with the elevated turbidity levels in the 

13 McKenzie River in 2002. 

14 (e) PAYMENT OF CLAIMS.—The payment of claims 

15 for losses to small businesses shall be a Federal responsi16 bility. 

17 SEC. 3103. DELAWARE RIVER, PENNSYLVANIA, NEW JER18 SEY, AND DELAWARE. 

19 The Secretary may remove debris from the project 

20 for navigation, Delaware River, Pennsylvania, New Jersey, 

21 and Delaware, Philadelphia to the Sea. 

22 SEC. 3104. RAYSTOWN LAKE, PENNSYLVANIA. 

23 The Secretary may take such action as may be nec24 essary, including construction of a breakwater, to prevent 

25 shoreline erosion between .07 and 2.7 miles south of Penn-
172 

HR 2864 PCS 

1 sylvania State route 994 on the east shore of Raystown 

2 Lake, Pennsylvania. 

3 SEC. 3105. SHERADEN PARK STREAM AND CHARTIERS 

4 CREEK, ALLEGHENY COUNTY, PENNSYL5 VANIA. 

6 The project for aquatic ecosystem restoration, 

7 Sheraden Park Stream and Chartiers Creek, Allegheny 

8 County, Pennsylvania, being carried out under section 206 

9 of the Water Resources Development Act of 1996 (33 

10 U.S.C. 2330), is modified to direct the Secretary to credit 

11 up to $400,000 toward the non-Federal share of the cost 

12 of the project for planning and design work carried out 

13 by the non-Federal interest before the date of the partner14 ship agreement for the project if the Secretary determines 

15 that the work is integral to the project. 

16 SEC. 3106. SOLOMON’S CREEK, WILKES-BARRE, PENNSYL17 VANIA. 

18 The project for flood control, Wyoming Valley, Penn19 sylvania, authorized by section 401(a) of the Water Re20 sources Development Act of 1986 (100 Stat. 4124), is 

21 modified to include as a project element the project for 

22 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl23 vania. 
173 

HR 2864 PCS 

1 SEC. 3107. SOUTH CENTRAL PENNSYLVANIA. 

2 Section 313 of the Water Resources Development Act 

3 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 

4 113 Stat. 310; 117 Stat. 142) is amended— 

5 (1) in subsection (g)(1) by striking 

6 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 

7 (2) in subsection (h)(2) by striking ‘‘Allegheny, 

8 Armstrong, Beford, Blair, Cambria, Clearfield, Fay9 ette, Franklin, Fulton, Greene, Huntingdon, Indi10 ana, Juniata, Mifflin, Somerset, Snyder, Wash11 ington, and Westmoreland Counties’’ and inserting 

12 ‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 

13 Fayette, Franklin, Fulton, Greene, Huntingdon, In14 diana, Juniata, Somerset, Washington, and West15 moreland Counties’’. 

16 SEC. 3108. WYOMING VALLEY, PENNSYLVANIA. 

17 In carrying out the project for flood control, Wyo18 ming Valley, Pennsylvania, authorized by section 401(a) 

19 of the Water Resources Development Act of 1986 (100 

20 Stat. 4124), the Secretary shall coordinate with non-Fed21 eral interests to review opportunities for increased public 

22 access. 

23 SEC. 3109. CEDAR BAYOU, TEXAS. 

24 (a) IN GENERAL.—The project for navigation, Cedar 

25 Bayou, Texas, reauthorized by section 349(a)(2) of the 

26 Water Resources Development Act of 2000 (114 Stat. 
174 

HR 2864 PCS 

1 2632), is modified to direct the Secretary to credit toward 

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

3 of planning and design work carried out by the non-Fed4 eral interest for the project if the Secretary determines 

5 that such work is integral to the project. 

6 (b) COST SHARING.—Cost sharing for construction 

7 and operation and maintenance of the project shall be de8 termined in accordance with section 101 of the Water Re9 sources Development Act of 1986 (33 U.S.C. 2211). 

10 SEC. 3110. FREEPORT HARBOR, TEXAS. 

11 The project for navigation, Freeport Harbor, Texas, 

12 authorized by section 101 of the Rivers and Harbors Act 

13 of 1970 (84 Stat. 1818), is modified.— 

14 (1) to direct the Secretary to credit toward the 

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

16 of the planning, design, and construction work car17 ried out by the non-Federal interest before the date 

18 of the partnership agreement for the project if the 

19 Secretary determines that the work is integral to the 

20 project; and 

21 (2) to direct the Secretary to remove the sunk22 en vessel ‘‘COMSTOCK’’ at Federal expense. 

23 SEC. 3111. JOHNSON CREEK, ARLINGTON, TEXAS. 

24 The project for flood damage reduction, environ25 mental restoration, and recreation, authorized by section 
175 

HR 2864 PCS 

1 101(b)(14) of the Water Resources Development Act of 

2 1999 (113 Stat. 280), is modified to authorize the Sec3 retary to carry out the project at a total cost of 

4 $29,717,000, with an estimated Federal cost of 

5 $20,670,000 and an estimated non-Federal cost 

6 $9,047,000. 

7 SEC. 3112. LAKE KEMP, TEXAS. 

8 (a) IN GENERAL.—The Secretary may not take any 

9 legal or administrative action seeking to remove a Lake 

10 Kemp improvement before the earlier of January 1, 2020, 

11 or the date of any transfer of ownership of the improve12 ment occurring after the date of enactment of this Act. 

13 (b) LIMITATION ON LIABILITY.—The United States, 

14 or any of its officers, agents, or assignees, shall not be 

15 liable for any injury, loss, or damage accruing to the own16 ers of a Lake Kemp improvement, their lessees, or occu17 pants as a result of any flooding or inundation of such 

18 improvements by the waters of the Lake Kemp reservoir, 

19 or for such injury, loss, or damage as may occur through 

20 the operation and maintenance of the Lake Kemp dam 

21 and reservoir in any manner. 

22 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this 

23 section, the term ‘‘Lake Kemp improvement’’ means an 

24 improvement (including dwellings) located within the flow-
176 

HR 2864 PCS 

1 age easement of Lake Kemp, Texas, below elevation 1159 

2 feet mean sea level. 

3 SEC. 3113. LOWER RIO GRANDE BASIN, TEXAS. 

4 The project for flood control, Lower Rio Grande 

5 Basin, Texas, authorized by section 401(a) of the Water 

6 Resources Development Act of 1986 (100 Stat. 4125), is 

7 modified— 

8 (1) to include as part of the project flood pro9 tection works to reroute drainage to Raymondville 

10 Drain constructed by the non-Federal interests in 

11 Hidalgo County in the vicinity of Edinburg, Texas, 

12 if the Secretary determines that such work meets 

13 feasibility requirements; 

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

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

16 of planning, design, and construction work carried 

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

18 the partnership agreement for the project if the Sec19 retary determines that the work is integral to the 

20 project; and 

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

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

23 a determination within 180 days after the date of 

24 enactment of this Act under section 103(m) of the 

25 Water Resources Development Act of 1986 (33 
177 

HR 2864 PCS 

1 U.S.C. 2213(m)) on the non-Federal interest’s abil2 ity to pay. 

3 SEC. 3114. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, 

4 TEXAS. 

5 The project for ecosystem restoration and storm dam6 age reduction, North Padre Island, Corpus Christi Bay, 

7 Texas, authorized by section 556 of the Water Resources 

8 Development Act of 1999 (113 Stat. 353), is modified to 

9 include recreation as a project purpose. 

10 SEC. 3115. PAT MAYSE LAKE, TEXAS. 

11 The Secretary is directed to accept from the city of 

12 Paris, Texas, $3,461,432 as payment in full of monies 

13 owed to the United States for water supply storage space 

14 in Pat Mayse Lake, Texas, under contract number DA– 

15 34–066–CIVENG-65–1272, including accrued interest. 

16 SEC. 3116. PROCTOR LAKE, TEXAS. 

17 The Secretary is authorized to purchase fee simple 

18 title to all properties located within the boundaries, and 

19 necessary for the operation, of the Proctor Lake project, 

20 Texas, authorized by section 203 of the Flood Control Act 

21 of 1954 (68 Stat. 1259). 

22 SEC. 3117. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 

23 The project for flood control, San Antonio Channel, 

24 Texas, authorized by section 203 of the Flood Control Act 

25 of 1954 (68 Stat. 1259) as part of the comprehensive plan 
178 

HR 2864 PCS 

1 for flood protection on the Guadalupe and San Antonio 

2 Rivers in Texas and modified by section 103 of the Water 

3 Resources Development Act of 1976 (90 Stat. 2921) and 

4 section 335 of the Water Resources Development Act of 

5 2000 (114 Stat. 2611), is further modified to authorize 

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

7 the cost of the project the cost of design and construction 

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

9 project if the Secretary determines that the work is inte10 gral to the project. 

11 SEC. 3118. JAMES RIVER, VIRGINIA. 

12 The project for navigation, James River, Virginia, au13 thorized by the first section of the River and Harbor Ap14 propriations Act of July 5, 1884 (23 Stat. 138), is further 

15 modified to authorize the Secretary to enlarge the turning 

16 basin adjacent to the Richmond Deepwater Terminal at 

17 a total cost of $1,511,000 if the Secretary determines that 

18 the such enlargement is necessary for navigation safety. 

19 SEC. 3119. LEE, RUSSELL, SCOTT, SMYTH, TAZEWELL, AND 

20 WISE COUNTIES, VIRGINIA. 

21 The project for flood control, Levisa and Tug Forks 

22 of the Big Sandy River and Upper Cumberland River, au23 thorized by section 202 of the Energy and Water Develop24 ment Appropriation Act, 1981 (94 Stat. 1339) and modi25 fied by section 352 of the Water Resources Development 
179 

HR 2864 PCS 

1 Act of 1996 (110 Stat. 3724–3725) and section 336 of 

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

3 2611), is further modified to direct the Secretary to deter4 mine the ability of Lee, Russell, Scott, Smyth, Tazewell, 

5 and Wise Counties, Virginia, to pay the non-Federal share 

6 of the cost of the project based solely on the criterion spec7 ified in section 103(m)(3)(A)(i) of the Water Resources 

8 Development Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)). 

9 SEC. 3120. TANGIER ISLAND SEAWALL, VIRGINIA. 

10 Section 577(a) of the Water Resources Development 

11 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 

12 a total cost of $1,200,000, with an estimated Federal cost 

13 of $900,000 and an estimated non-Federal cost of 

14 $300,000.’’ and inserting ‘‘at a total cost of $3,000,000, 

15 with an estimated Federal cost of $2,250,000 and an esti16 mated non-Federal cost of $750,000.’’. 

17 SEC. 3121. DUWAMISH/GREEN, WASHINGTON. 

18 The project for ecosystem restoration, Duwamish/ 

19 Green, Washington, authorized by section 101(b)(26) of 

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

21 2579), is modified— 

22 (1) 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, on, or after the date of the partnership agree-
180 

HR 2864 PCS 

1 ment for the project if the Secretary determines that 

2 the work is integral to the project; and 

3 (2) to authorize the non-Federal interest to pro4 vide any portion of the non-Federal share of the cost 

5 of the project in the form of in-kind services and 

6 materials. 

7 SEC. 3122. YAKIMA RIVER, PORT OF SUNNYSIDE, WASH8 INGTON. 

9 The project for aquatic ecosystem restoration, 

10 Yakima River, Port of Sunnyside, Washington, being car11 ried out under section 206 of the Water Resources Devel12 opment Act of 1996 (33 U.S.C. 2330), is modified to di13 rect the Secretary to credit toward the non-Federal share 

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

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

16 agreement for the project if the Secretary determines that 

17 the work is integral to the project. 

18 SEC. 3123. GREENBRIER RIVER BASIN, WEST VIRGINIA. 

19 Section 579(c) of the Water Resources Development 

20 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 

21 by striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’. 

22 SEC. 3124. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 

23 Section 30(d) of the Water Resources Development 

24 Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended 

25 to read as follows: 
181 

HR 2864 PCS 

1 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall 

2 ensure the preservation and restoration of the structure 

3 known as the ‘Jenkins House’, and the reconstruction of 

4 associated buildings and landscape features of such struc5 ture located within the Lesage/Greenbottom Swamp in ac6 cordance with the Secretary of the Interior’s standards for 

7 the treatment of historic properties. Amounts made avail8 able for expenditure for the project authorized by section 

9 301(a) of the Water Resources Development Act of 1986 

10 (100 Stat. 4110) shall be available for the purposes of this 

11 subsection.’’. 

12 SEC. 3125. NORTHERN WEST VIRGINIA. 

13 Section 557 of the Water Resources Development Act 

14 of 1999 (113 Stat. 353) is amended in the first sentence 

15 by striking ‘‘favorable’’. 

16 SEC. 3126. MANITOWOC HARBOR, WISCONSIN. 

17 The project for navigation, Manitowoc Harbor, Wis18 consin, authorized by the River and Harbor Act of August 

19 30, 1852, is modified to direct the Secretary to deepen 

20 the upstream reach of the navigation channel from 12 feet 

21 to 18 feet, at a total cost of $300,000. 

22 SEC. 3127. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 

23 Section 21 of the Water Resources Development Act 

24 of 1988 (102 Stat. 4027) is amended— 

25 (1) in subsection (a)— 
182 

HR 2864 PCS 

1 (A) by striking ‘‘1276.42’’ and inserting 

2 ‘‘1278.42’’; 

3 (B) by striking ‘‘1218.31’’ and inserting 

4 ‘‘1221.31’’; and 

5 (C) by striking ‘‘1234.82’’ and inserting 

6 ‘‘1235.30’’; and 

7 (2) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) EXCEPTION.—The Secretary may operate the 

10 headwaters reservoirs below the minimum or above the 

11 maximum water levels established in subsection (a) in ac12 cordance with water control regulation manuals (or revi13 sions thereto) developed by the Secretary, after consulta14 tion with the Governor of Minnesota and affected tribal 

15 governments, landowners, and commercial and rec16 reational users. The water control regulation manuals 

17 (and any revisions thereto) shall be effective when the Sec18 retary transmits them to Congress. The Secretary shall 

19 report to Congress at least 14 days before operating any 

20 such headwaters reservoir below the minimum or above 

21 the maximum water level limits specified in subsection (a); 

22 except that notification is not required for operations nec23 essary to prevent the loss of life or to ensure the safety 

24 of the dam or where the drawdown of lake levels is in an25 ticipation of flood control operations.’’. 
183 

HR 2864 PCS 

1 SEC. 3128. CONTINUATION OF PROJECT AUTHORIZATIONS. 

2 (a) IN GENERAL.—Notwithstanding section 

3 1001(b)(2) of the Water Resources Development Act of 

4 1986 (33 U.S.C. 579a(b)(2)), the following projects shall 

5 remain authorized to be carried out by the Secretary: 

6 (1) The project for flood control, Agana River, 

7 Guam, authorized by section 401(a) of the Water 

8 Resources Development Act of 1986 (100 Stat. 

9 4127). 

10 (2) The project for navigation, Fall River Har11 bor, Massachusetts, authorized by section 101 of the 

12 River and Harbor Act of 1968 (82 Stat. 731); ex13 cept that the authorized depth of that portion of the 

14 project extending riverward of the Charles M. 

15 Braga, Jr. Memorial Bridge, Fall River and Som16 erset, Massachusetts, shall not exceed 35 feet. 

17 (b) LIMITATION.—A project described in subsection 

18 (a) shall not be authorized for construction after the last 

19 day of the 5-year period beginning on the date of enact20 ment of this Act, unless, during such period, funds have 

21 been obligated for the construction (including planning 

22 and design) of the project. 

23 SEC. 3129. PROJECT REAUTHORIZATIONS. 

24 Each of the following projects may be carried out by 

25 the Secretary and no construction on any such project may 
184 

HR 2864 PCS 

1 be initiated until the Secretary determines that the project 

2 is feasible: 

3 (1) MENOMINEE HARBOR AND RIVER, MICHI4 GAN AND WISCONSIN.—The project for navigation, 

5 Menominee Harbor and River, Michigan and Wis6 consin, authorized by section 101 of the River and 

7 Harbor Act of 1960 (74 Stat. 482) and deauthorized 

8 on April 15, 2002, in accordance with section 

9 1001(b)(2) of the Water Resources Development Act 

10 of 1986 (33 U.S.C. 579a(b)(2)). 

11 (2) MANITOWOC HARBOR, WISCONSIN.—That 

12 portion of the project for navigation, Manitowoc 

13 Harbor, Wisconsin, consisting of the channel in the 

14 south part of the outer harbor, deauthorized by sec15 tion 101 of the River and Harbor Act of 1962 (76 

16 Stat. 1176). 

17 SEC. 3130. PROJECT DEAUTHORIZATIONS. 

18 (a) IN GENERAL.—The following projects are not au19 thorized after the date of enactment of this Act: 

20 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 

21 portion of the project for navigation, Bridgeport 

22 Harbor, Connecticut, authorized by the first section 

23 of the River and Harbor Act of July 3, 1930 (46 

24 Stat. 919), consisting of an 18-foot channel in Yel25 low Mill River and described as follows: Beginning 
185 

HR 2864 PCS 

1 at a point along the eastern limit of the existing 

2 project, N123,649.75, E481,920.54, thence running 

3 northwesterly about 52.64 feet to a point 

4 N123,683.03, E481,879.75, thence running north5 easterly about 1,442.21 feet to a point N125,030.08, 

6 E482,394.96, thence running northeasterly about 

7 139.52 feet to a point along the eastern limit of the 

8 existing channel, N125,133.87, E482,488.19, thence 

9 running southwesterly about 1,588.98 feet to the 

10 point of origin. 

11 (2) MYSTIC RIVER, CONNECTICUT.—The por12 tion of the project for navigation, Mystic River, Con13 necticut, authorized by the first section of the River 

14 and Harbor Approriations Act of September 19, 

15 1890 (26 Stat. 436) consisting of a 12-foot-deep 

16 channel, approximately 7,554 square feet in area, 

17 starting at a point N193,086.51, E815,092.78, 

18 thence running north 59 degrees 21 minutes 46.63 

19 seconds west about 138.05 feet to a point 

20 N193,156.86, E814,974.00, thence running north 

21 51 degrees 04 minutes 39.00 seconds west about 

22 166.57 feet to a point N193,261.51, E814,844.41, 

23 thence running north 43 degrees 01 minutes 34.90 

24 seconds west about 86.23 feet to a point 

25 N193,324.55, E814,785.57, thence running north 
186 

HR 2864 PCS 

1 06 degrees 42 minutes 03.86 seconds west about 

2 156.57 feet to a point N193,480.05, E814,767.30, 

3 thence running south 21 degrees 21 minutes 17.94 

4 seconds east about 231.42 feet to a point 

5 N193,264.52, E814,851.57, thence running south 

6 53 degrees 34 minutes 23.28 seconds east about 

7 299.78 feet to the point of origin. 

8 (3) FALMOUTH HARBOR, MASSACHUSETTS.— 

9 The portion of the project for navigation, Falmouth 

10 Harbor, Massachusetts, authorized by section 101 of 

11 the River and Harbor Act of 1948 (62 Stat. 1172), 

12 beginning at a point along the eastern side of the 

13 inner harbor N200,415.05, E845,307.98, thence 

14 running north 25 degrees 48 minutes 54.3 seconds 

15 east 160.24 feet to a point N200,559.20, 

16 E845,377.76, thence running north 22 degrees 7 

17 minutes 52.4 seconds east 596.82 feet to a point 

18 N201,112.15, E845,602.60, thence running north 

19 60 degrees 1 minute 0.3 seconds east 83.18 feet to 

20 a point N201,153.72, E845,674.65, thence running 

21 south 24 degrees 56 minutes 43.4 seconds west 

22 665.01 feet to a point N200,550.75, E845,394.18, 

23 thence running south 32 degrees 25 minutes 29.0 

24 seconds west 160.76 feet to the point of origin. 
187 

HR 2864 PCS 

1 (4) ISLAND END RIVER, MASSACHUSETTS.—The 

2 portion of the project for navigation, Island End 

3 River, Massachusetts, carried out under section 107 

4 of the River and Harbor Act of 1960 (33 U.S.C. 

5 577), described as follows: Beginning at a point 

6 along the eastern limit of the existing project, 

7 N507,348.98, E721,180.01, thence running north8 east about 35 feet to a point N507,384.17, 

9 E721,183.36, thence running northeast about 324 

10 feet to a point N507,590.51, E721,433.17, thence 

11 running northeast about 345 feet to a point along 

12 the northern limit of the existing project, 

13 N507,927.29, E721,510.29, thence running south14 east about 25 feet to a point N507,921.71, 

15 E721,534.66, thence running southwest about 354 

16 feet to a point N507,576.65, E721,455.64, thence 

17 running southwest about 357 feet to the point of ori18 gin. 

19 (5) CITY WATERWAY, TACOMA, WASHINGTON.— 

20 The portion of the project for navigation, City Wa21 terway, Tacoma, Washington, authorized by the first 

22 section of the River and Harbor Appropriations Act 

23 of June 13, 1902 (32 Stat. 347), consisting of the 

24 last 1,000 linear feet of the inner portion of the wa-
188 

HR 2864 PCS 

1 terway beginning at station 70+00 and ending at 

2 station 80+00. 

3 (b) ANCHORAGE AREA, NEW LONDON HARBOR, 

4 CONNECTICUT.—The portion of the project for navigation, 

5 New London Harbor, Connecticut, authorized by the River 

6 and Harbor Appropriations Act of June 13, 1902 (32 

7 Stat. 333), that consists of a 23-foot waterfront channel 

8 and that is further described as beginning at a point along 

9 the western limit of the existing project, N188, 802.75, 

10 E779, 462.81, thence running northeasterly about 

11 1,373.88 feet to a point N189, 554.87, E780, 612.53, 

12 thence running southeasterly about 439.54 feet to a point 

13 N189, 319.88, E780, 983.98, thence running southwest14 erly about 831.58 feet to a point N188, 864.63, E780, 

15 288.08, thence running southeasterly about 567.39 feet 

16 to a point N188, 301.88, E780, 360.49, thence running 

17 northwesterly about 1,027.96 feet to the point of origin, 

18 shall be redesignated as an anchorage area. 

19 (c) SOUTHPORT HARBOR, FAIRFIELD, CON20 NECTICUT.—The project for navigation, Southport Har21 bor, Fairfield, Connecticut, authorized by section 2 of the 

22 River and Harbor Act of March 2, 1829, and by the first 

23 section of the River and Harbor Act of August 30, 1935 

24 (49 Stat. 1029), and section 364 of the Water Resources 

25 Development Act of 1996 (110 Stat. 3733–3734), is fur-
189 

HR 2864 PCS 

1 ther modified to redesignate a portion of the 9-foot-deep 

2 channel to an anchorage area, approximately 900 feet in 

3 length and 90,000 square feet in area, and lying generally 

4 north of a line with points at coordinates N108,043.45, 

5 E452,252.04 and N107938.74, E452265.74. 

6 (d) MYSTIC RIVER, MASSACHUSETTS.—The portion 

7 of the project for navigation, Mystic River, Massachusetts, 

8 authorized by the first section of the River and Harbor 

9 Appropriations Act of July 13, 1892 (27 Stat. 96), be10 tween a line starting at a point N515,683.77, 

11 E707,035.45 and ending at a point N515,721.28, 

12 E707,069.85 and a line starting at a point N514,595.15, 

13 E707,746.15 and ending at a point N514,732.94, 

14 E707,658.38 shall be relocated and reduced from 100 foot 

15 to a 50-foot wide channel after the date of enactment of 

16 this Act described as follows: Beginning at a point 

17 N515,721.28, E707,069.85, thence running southeasterly 

18 about 840.50 feet to a point N515,070.16, E707,601.27, 

19 thence running southeasterly about 177.54 feet to a point 

20 N514,904.84, E707,665.98, thence running southeasterly 

21 about 319.90 feet to a point with coordinates 

22 N514,595.15, E707,746.15, thence running northwesterly 

23 about 163.37 feet to a point N514,732.94, E707,658.38, 

24 thence running northwesterly about 161.58 feet to a point 

25 N514.889.47, E707,618.30, thence running northwesterly 
190 

HR 2864 PCS 

1 about 166.61 feet to a point N515.044.62, E707,557.58, 

2 thence running northwesterly about 825.31 feet to a point 

3 N515,683.77, E707,035.45, thence running northeasterly 

4 about 50.90 feet returning to a point N515,721.28, 

5 E707,069.85. 

6 (e) GREEN BAY HARBOR, GREEN BAY, WIS7 CONSIN.—The portion of the inner harbor of the Federal 

8 navigation channel, Green Bay Harbor, Green Bay, Wis9 consin, authorized by the first section of the River and 

10 Harbor Act of June 23, 1866, beginning at station 

11 190+00 to station 378+00 is authorized to a width of 

12 75 feet and a depth of 6 feet. 

13 (f) ADDITIONAL DEAUTHORIZATIONS.—The fol14 lowing projects are not authorized after the date of enact15 ment of this Act, except with respect to any portion of 

16 such a project which portion has been completed before 

17 such date or is under construction on such date: 

18 (1) The project for flood control, Cache Creek 

19 Basin, Clear Lake Outlet Channel, California, au20 thorized by section 401(a) of the Water Resources 

21 Development Act of 1986 (100 Stat. 4112). 

22 (2) The project for flood protection on 

23 Atascadero Creek and its tributaries of Goleta, Cali24 fornia, authorized by section 201 of the Flood Con25 trol Act of 1970 (84 Stat. 1826). 
191 

HR 2864 PCS 

1 (3) The project for flood control, central and 

2 southern Florida, Shingle Creek basin, Florida, au3 thorized by section 203 of the Flood Control Act of 

4 1962 (76 Stat. 1182). 

5 (4) The project for flood control, Middle Wa6 bash, Greenfield Bayou, Indiana, authorized by sec7 tion 10 of the Flood Control Act of July 24, 1946 

8 (60 Stat. 649). 

9 (5) The project for flood damage reduction, 

10 Lake George, Hobart, Indiana, authorized by section 

11 602(a)(2) of the Water Resources Development Act 

12 of 1986 (100 Stat. 4148). 

13 (6) The project for flood control, Green Bay 

14 Levee and Drainage District No. 2, Iowa, authorized 

15 by section 401(a) of the Water Resources Develop16 ment Act of 1986 (100 Stat. 4115), deauthorized in 

17 fiscal year 1991, and reauthorized by section 115(a) 

18 of the Water Resources Development Act of 1992 

19 (106 Stat. 4821). 

20 (7) The project for flood control, Hazard, Ken21 tucky, authorized by section 3(a)(7) of the Water 

22 Resources Development Act of 1988 (100 Stat. 

23 4014) and section 108 of the Water Resources De24 velopment Act of 1990 (104 Stat. 4621). 
192 

HR 2864 PCS 

1 (8) The recreation portion of the project for 

2 flood control, Taylorsville Lake, Kentucky, author3 ized by section 203 of the Flood Control Act of 1966 

4 (80 Stat. 1421). 

5 (9) The project for flood control, western Ken6 tucky tributaries, Kentucky, authorized by section 

7 204 of the Flood Control Act of 1965 (79 Stat. 

8 1076) and modified by section 210 of the Flood 

9 Control Act of 1970 (84 Stat. 1829). 

10 (10) The project for flood damage reduction, 

11 Tensas-Cocodrie area, Louisiana, authorized by sec12 tion 3 of the Flood Control Act of August 18, 1941 

13 (55 Stat. 643). 

14 (11) The project for flood control, Eastern 

15 Rapides and South-Central Avoyelles Parishes, Lou16 isiana, authorized by section 201 of the Flood Con17 trol Act of 1970 (84 Stat. 1825). 

18 (12) The bulkhead and jetty features at Lake 

19 Borgne and Chef Menteur, Louisiana, of the project 

20 for navigation, Mississippi River, Baton Rouge to 

21 the Gulf of Mexico, barge channel through Devils 

22 Swamp, Louisiana, authorized by the first section of 

23 the River and Harbor Act of July 24, 1946 (60 

24 Stat. 635). 
193 

HR 2864 PCS 

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). 
194 

HR 2864 PCS 

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). 
195 

HR 2864 PCS 

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). 
196 

HR 2864 PCS 

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. 3131. 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-
197 

HR 2864 PCS 

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, 
198 

HR 2864 PCS 

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) CALCASIEU SHIP CHANNEL, LOUISIANA.— 

13 (1) IN GENERAL.—At such time as Pujo Heirs 

14 and Westland Corporation conveys all right, title, 

15 and interest in and to the real property described in 

16 paragraph (2)(A) to the United States, the Sec17 retary shall convey all right, title, and interest of the 

18 United States in and to the real property described 

19 in paragraph (2)(B) to Pujo Heirs and Westland 

20 Corporation. 

21 (2) LAND DESCRIPTION.—The parcels of land 

22 referred to in paragraph (1) are the following: 

23 (A) NON-FEDERAL LAND.—An equivalent 

24 area to the real property described in subpara25 graph (B). The parcels that may be exchanged 
199 

HR 2864 PCS 

1 include Tract 128E, Tract 129E, Tract 131E, 

2 Tract 41A, Tract 42, Tract 132E, Tract 130E, 

3 Tract 134E, Tract 133E-3, Tract 140E, or 

4 some combination thereof. 

5 (B) FEDERAL LAND.—An area in Cameron 

6 Parish, Louisiana, known as portions of Gov7 ernment Tract Numbers 139E–2 and 48 (both 

8 tracts on the west shore of the Calcasieu Ship 

9 Channel), and known as Corps of Engineers 

10 Dredge Material Placement Area O. 

11 (3) CONDITIONS.—The exchange of real prop12 erty under paragraph (1) shall be subject to the fol13 lowing conditions: 

14 (A) DEEDS.— 

15 (i) NON-FEDERAL LAND.—The con16 veyance of the real property described in 

17 paragraph (2)(A) to the Secretary shall be 

18 by a warranty deed acceptable to the Sec19 retary. 

20 (ii) FEDERAL LAND.—The conveyance 

21 of the real property described in paragraph 

22 (2)(B) to Pujo Heirs and Westland Cor23 poration shall be by quitclaim deed. 

24 (B) TIME LIMIT FOR EXCHANGE.—The 

25 land exchange under paragraph (1) shall be 
200 

HR 2864 PCS 

1 completed not later than 1 year after the date 

2 of enactment of this Act. 

3 (4) VALUE OF PROPERTIES.—If the appraised 

4 fair market value, as determined by the Secretary, 

5 of the real property conveyed to Pujo Heirs and 

6 Westland Corporation by the Secretary under para7 graph (1) exceeds the appraised fair market value, 

8 as determined by the Secretary, of the real property 

9 conveyed to the United States by Pujo Heirs and 

10 Westland Corporation under paragraph (1), Pujo 

11 Heirs and Westland Corporation shall make a pay12 ment to the United States equal to the excess in 

13 cash or a cash equivalent that is satisfactory to the 

14 Secretary. 

15 (d) PIKE COUNTY, MISSOURI.— 

16 (1) IN GENERAL.—At such time as S.S.S., Inc., 

17 conveys all right, title and interest in and to the real 

18 property described in paragraph (2)(A) to the 

19 United States, the Secretary shall convey all right, 

20 title, and interest of the United States in and to the 

21 real property described in paragraph (2)(B) to 

22 S.S.S., Inc. 

23 (2) LAND DESCRIPTION.—The parcels of land 

24 referred to in paragraph (1) are the following: 
201 

HR 2864 PCS 

1 (A) NON-FEDERAL LAND.—Approximately 

2 42 acres, the exact legal description to be deter3 mined by mutual agreement of S.S.S., Inc., and 

4 the Secretary, subject to any existing flowage 

5 easements situated in Pike County, Missouri, 

6 upstream and northwest, about a 200-foot dis7 tance from Drake Island (also known as Grimes 

8 Island). 

9 (B) FEDERAL LAND.—Approximately 42 

10 acres, the exact legal description to be deter11 mined by mutual agreement of S.S.S. Inc., and 

12 the Secretary, situated in Pike County, Mis13 souri, known as Government Tract Numbers 

14 MIs–7 and a portion of FM–46 (both tracts on 

15 Buffalo Island), administered by the Corps of 

16 Engineers. 

17 (3) CONDITIONS.—The exchange of real prop18 erty under paragraph (1) shall be subject to the fol19 lowing conditions: 

20 (A) DEEDS.— 

21 (i) NON-FEDERAL LAND.—The con22 veyance of the real property described in 

23 paragraph (2)(A) to the Secretary shall be 

24 by a warranty deed acceptable to the Sec25 retary. 
202 

HR 2864 PCS 

1 (ii) FEDERAL LAND.—The instrument 

2 of conveyance used to convey the real prop3 erty described in paragraph (2)(B) to 

4 S.S.S., Inc., shall be by quitclaim deed and 

5 contain such reservations, terms, and con6 ditions as the Secretary considers nec7 essary to allow the United States to oper8 ate and maintain the Mississippi River 9- 

9 Foot Navigation Project. 

10 (B) REMOVAL OF IMPROVEMENTS.— 

11 S.S.S., Inc., may remove, and the Secretary 

12 may require S.S.S., Inc., to remove, any im13 provements on the land described in paragraph 

14 (2)(A). 

15 (C) TIME LIMIT FOR EXCHANGE.—The 

16 land exchange under paragraph (1) shall be 

17 completed not later than 2 years after the date 

18 of enactment of this Act. 

19 (4) VALUE OF PROPERTIES.—If the appraised 

20 fair market value, as determined by the Secretary, 

21 of the real property conveyed to S.S.S., Inc., by the 

22 Secretary under paragraph (1) exceeds the appraised 

23 fair market value, as determined by the Secretary, 

24 of the real property conveyed to the United States 

25 by S.S.S., Inc., under paragraph (1), S.S.S., Inc., 
203 

HR 2864 PCS 

1 shall make a payment to the United States equal to 

2 the excess in cash or a cash equivalent that is satis3 factory to the Secretary. 

4 (e) BOARDMAN, OREGON.—Section 501(g)(1) of the 

5 Water Resources Development Act of 1996 (110 Stat. 

6 3751) is amended— 

7 (1) by striking ‘‘city of Boardman,’’ and insert8 ing ‘‘the Boardman Park and Recreation District, 

9 Boardman,’’; and 

10 (2) by striking ‘‘such city’’ and inserting ‘‘the 

11 city of Boardman’’. 

12 (f) TIOGA TOWNSHIP, PENNSYLVANIA.— 

13 (1) IN GENERAL.—The Secretary shall convey 

14 by quitclaim deed to the Tioga Township, Pennsyl15 vania, without consideration, all right, title, and in16 terest of the United States in and to the parcel of 

17 real property located on the northeast end of Tract 

18 No. 226, a portion of the Tioga-Hammond Lakes 

19 flood control project, Tioga County, Pennsylvania, 

20 consisting of approximately 8 acres, together with 

21 any improvements on that property, for public own22 ership and use as the site of the administrative of23 fices and road maintenance complex for the Town24 ship. 
204 

HR 2864 PCS 

1 (2) RESERVATION OF INTERESTS.—The Sec2 retary shall reserve such rights and interests in and 

3 to the property to be conveyed as the Secretary con4 siders necessary to preserve the operational integrity 

5 and security of the Tioga-Hammond Lakes flood 

6 control project. 

7 (3) REVERSION.—If the Secretary determines 

8 that the property conveyed under paragraph (1) 

9 ceases to be held in public ownership, or to be used 

10 as a site for the Tioga Township administrative of11 fices and road maintenance complex or for related 

12 public purposes, all right, title, and interest in and 

13 to the property shall revert to the United States, at 

14 the option of the United States. 

15 (g) RICHARD B. RUSSELL LAKE, SOUTH CARO16 LINA.— 

17 (1) IN GENERAL.—The Secretary shall convey 

18 to the State of South Carolina, by quitclaim deed, 

19 at fair market value, all right, title, and interest of 

20 the United States in and to the real property de21 scribed in paragraph (2) that is managed, as of the 

22 date of enactment of this Act, by the South Carolina 

23 department of commerce for public recreation pur24 poses for the Richard B. Russell Dam and Lake, 
205 

HR 2864 PCS 

1 South Carolina, project authorized by section 203 of 

2 the Flood Control Act of 1966 (80 Stat. 1420). 

3 (2) LAND DESCRIPTION.—Subject to paragraph 

4 (3), the real property referred to in paragraph (1) 

5 is the parcel contained in the portion of real prop6 erty described in Army Lease Number DACW21–1– 

7 92–0500. 

8 (3) RESERVATION OF INTERESTS.—The United 

9 States shall reserve— 

10 (A) ownership of all real property included 

11 in the lease referred to in paragraph (2) that 

12 would have been acquired for operational pur13 poses in accordance with the 1971 implementa14 tion of the 1962 Army/Interior Joint Acquisi15 tion Policy; and 

16 (B) such other rights and interests in and 

17 to the real property to be conveyed as the Sec18 retary considers necessary for authorized 

19 project purposes, including easement rights-of20 way to remaining Federal land. 

21 (4) NO EFFECT ON SHORE MANAGEMENT POL22 ICY.—The Shoreline Management Policy (ER–1130– 

23 2–406) of the Corps of Engineer shall not be 

24 changed or altered for any proposed development of 

25 land conveyed under this subsection. 
206 

HR 2864 PCS 

1 (5) COST SHARING.—In carrying out the con2 veyance under this subsection, the Secretary and the 

3 State shall comply with all obligations of any cost4 sharing agreement between the Secretary and the 

5 State with respect to the real property described in 

6 paragraph (2) in effect as of the date of the convey7 ance. 

8 (6) LAND NOT CONVEYED.—The State shall 

9 continue to manage the real property described in 

10 paragraph (3) not conveyed under this subsection in 

11 accordance with the terms and conditions of Army 

12 Lease Number DACW21–1–92–0500. 

13 (h) GENERALLY APPLICABLE PROVISIONS.— 

14 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 

15 The exact acreage and the legal description of any 

16 real property to be conveyed under this section shall 

17 be determined by a survey that is satisfactory to the 

18 Secretary. 

19 (2) APPLICABILITY OF PROPERTY SCREENING

20 PROVISIONS.—Section 2696 of title 10, United 

21 States Code, shall not apply to any conveyance 

22 under this section. 

23 (3) ADDITIONAL TERMS AND CONDITIONS.— 

24 The Secretary may require that any conveyance 

25 under this section be subject to such additional 
207 

HR 2864 PCS 

1 terms and conditions as the Secretary considers ap2 propriate and necessary to protect the interests of 

3 the United States. 

4 (4) COSTS OF CONVEYANCE.—An entity to 

5 which a conveyance is made under this section shall 

6 be responsible for all reasonable and necessary costs, 

7 including real estate transaction and environmental 

8 documentation costs, associated with the conveyance. 

9 (5) LIABILITY.—An entity to which a convey10 ance is made under this section shall hold the 

11 United States harmless from any liability with re12 spect to activities carried out, on or after the date 

13 of the conveyance, on the real property conveyed. 

14 The United States shall remain responsible for any 

15 liability with respect to activities carried out, before 

16 such date, on the real property conveyed. 

17 SEC. 3132. EXTINGUISHMENT OF REVERSIONARY INTER18 ESTS AND USE RESTRICTIONS. 

19 (a) IDAHO.— 

20 (1) IN GENERAL.—With respect to the property 

21 covered by each deed in paragraph (2)— 

22 (A) the reversionary interests and use re23 strictions relating to port and industrial use 

24 purposes are extinguished; 
208 

HR 2864 PCS 

1 (B) the restriction that no activity shall be 

2 permitted that will compete with services and 

3 facilities offered by public marinas is extin4 guished; 

5 (C) the human habitation or other building 

6 structure use restriction is extinguished if the 

7 elevation of the property is above the standard 

8 project flood elevation; and 

9 (D) the use of fill material to raise areas 

10 of the property above the standard project flood 

11 elevation is authorized, except in any area for 

12 which a permit under section 404 of the Fed13 eral Water Pollution Control Act (33 U.S.C. 

14 1344) is required. 

15 (2) AFFECTED DEEDS.—The deeds with the fol16 lowing county auditor’s file numbers are referred to 

17 in paragraph (1): 

18 (A) Auditor’s Instruments No. 399218 and 

19 No. 399341 of Nez Perce County, Idaho—2.07 

20 acres. 

21 (B) Auditor’s Instruments No. 487437 and 

22 No. 339341 of Nez Perce County, Idaho—7.32 

23 acres. 

24 (b) OLD HICKORY LOCK AND DAM, CUMBERLAND

25 RIVER, TENNESSEE.— 
209 

HR 2864 PCS 

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) EXTINGUISHMENT OF USE RESTRICTIONS

19 AND FLOWAGE EASEMENT.—With respect to the 

20 property covered by the deed in paragraph (3)(A)— 

21 (A) the flowage easement and human habi22 tation or other building structure use restriction 

23 is extinguished if the elevation of the property 

24 is above the standard project flood elevation; 

25 and 
210 

HR 2864 PCS 

1 (B) the use of fill material to raise areas 

2 of the property above the standard project flood 

3 elevation is authorized, except in any area for 

4 which a permit under section 404 of the Fed5 eral Water Pollution Control Act (33 U.S.C. 

6 1344) is required. 

7 (2) EXTINGUISHMENT OF FLOWAGE EASE8 MENT.—With respect to the property covered by 

9 each deed in paragraph (3)(B), the flowage ease10 ment is extinguished if the elevation of the property 

11 is above the standard project flood elevation. 

12 (3) AFFECTED DEEDS.—The deeds referred to 

13 in paragraphs (1) and (2) are as follows: 

14 (A) Auditor’s File Number 262980 of 

15 Franklin County, Washington. 

16 (B) Auditor’s File Numbers 263334 and 

17 404398 of Franklin County, Washington. 

18 (d) NO EFFECT ON OTHER RIGHTS.—Nothing in 

19 this section affects the remaining rights and interests of 

20 the Corps of Engineers for authorized project purposes. 

21 TITLE IV—STUDIES 

22 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 

23 Section 455 of the Water Resources Development Act 

24 of 1999 (42 U.S.C. 1962d–21) is amended by adding at 

25 the end the following: 
211 

HR 2864 PCS 

1 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The 

2 non-Federal interest may provide up to 100 percent of the 

3 non-Federal share required under subsection (f) in the 

4 form of in-kind services and materials.’’. 

5 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL 

6 SITES. 

7 The Secretary shall conduct a study to determine the 

8 nature and frequency of avian botulism problems in the 

9 vicinity of Lake Erie associated with dredged material dis10 posal sites and shall make recommendations to eliminate 

11 the conditions that result in such problems. 

12 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT 

13 STUDY. 

14 (a) IN GENERAL.—The Secretary, in coordination 

15 with the Secretary of the Interior, the Secretary of Agri16 culture, the Secretary of Commerce, and other appropriate 

17 agencies, shall conduct, at Federal expense, a comprehen18 sive study of drought conditions in the southwestern 

19 United States, with a particular emphasis on the Colorado 

20 River basin, the Rio Grande River basin, and the Great 

21 Basin. 

22 (b) INVENTORY OF ACTIONS.—In conducting the 

23 study, the Secretary shall assemble an inventory of actions 

24 taken or planned to be taken to address drought-related 

25 situations in the southwestern United States. 
212 

HR 2864 PCS 

1 (c) PURPOSE.—The purpose of the study shall be to 

2 develop recommendations to more effectively address cur3 rent and future drought conditions in the southwestern 

4 United States. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary to carry 

7 out this section $7,000,000. Such funds shall remain 

8 available until expended. 

9 SEC. 4004. UPPER MISSISSIPPI RIVER COMPREHENSIVE 

10 PLAN. 

11 Section 459(e) of the Water Resources Development 

12 Act of 1999 (113 Stat. 333; 114 Stat. 2635) is amended 

13 by striking ‘‘3 years after the first date on which funds 

14 are appropriated to carry out this section’’ and inserting 

15 ‘‘December 30, 2006’’. 

16 SEC. 4005. DELAWARE RIVER. 

17 The Secretary shall review, in consultation with the 

18 Delaware River Basin Commission and the States of Dela19 ware, Pennsylvania, New Jersey, and New York, the re20 port of the Chief of Engineers on the Delaware River, pub21 lished as House Document Numbered 522, 87th Congress, 

22 Second Session, as it relates to the Mid-Delaware River 

23 Basin from Wilmington to Port Jervis, and any other per24 tinent reports (including the strategy for resolution of 

25 interstate flow management issues in the Delaware River 
213 

HR 2864 PCS 

1 Basin dated August 2004 and the National Park Service 

2 Lower Delaware River Management Plan (1997–1999)), 

3 with a view to determining whether any modifications of 

4 recommendations contained in the first report referred to 

5 are advisable at the present time, in the interest of flood 

6 damage reduction, ecosystem restoration, and other re7 lated problems. 

8 SEC. 4006. KNIK ARM, COOK INLET, ALASKA. 

9 The Secretary shall conduct, at Federal expense, a 

10 study to determine the potential impacts on navigation of 

11 construction of a bridge across Knik Arm, Cook Inlet, 

12 Alaska. 

13 SEC. 4007. KUSKOKWIM RIVER, ALASKA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for navigation, 

16 Kuskokwim River, Alaska, in the vicinity of the village of 

17 Crooked Creek. 

18 SEC. 4008. ST. GEORGE HARBOR, ALASKA. 

19 The Secretary shall conduct, at Federal expense, a 

20 study to determine the feasibility of providing navigation 

21 improvements at St. George Harbor, Alaska. 

22 SEC. 4009. SUSITNA RIVER, ALASKA. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for hydropower, recre25 ation, and related purposes on the Susitna River, Alaska. 
214 

HR 2864 PCS 

1 SEC. 4010. GILA BEND, MARICOPA, ARIZONA. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, Gila Bend, Maricopa, Arizona. In conducting the 

5 study, the Secretary shall review plans and designs devel6 oped by non-Federal interests and shall incorporate such 

7 plans and designs into the Federal study if the Secretary 

8 determines that such plans and designs are consistent with 

9 Federal standards. 

10 SEC. 4011. SEARCY COUNTY, ARKANSAS. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of using Greers Ferry Lake as a water supply 

13 source for Searcy County, Arkansas. 

14 SEC. 4012. DRY CREEK VALLEY, CALIFORNIA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project to provide recycled 

17 water for agricultural water supply, Dry Creek Valley, 

18 California, including a review of the feasibility of expand19 ing the Geysers recharge project north of Healdsburg, 

20 California. 

21 SEC. 4013. ELKHORN SLOUGH ESTUARY, CALIFORNIA. 

22 The Secretary shall conduct a study of the Elkhorn 

23 Slough estuary, California, to determine the feasibility of 

24 conserving, enhancing, and restoring estuarine habitats by 

25 developing strategies to address hydrological management 

26 issues. 
215 

HR 2864 PCS 

1 SEC. 4014. FRESNO, KINGS, AND KERN COUNTIES, CALI2 FORNIA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply for 

5 Fresno, Kings, and Kern Counties, California. 

6 SEC. 4015. LOS ANGELES RIVER, CALIFORNIA. 

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

8 study to determine the feasibility of carrying out a project 

9 for flood damage reduction and ecosystem restoration, Los 

10 Angeles River, California. 

11 (b) REVITALIZATION PLAN.—In conducting the 

12 study, the Secretary shall review the Los Angeles River 

13 revitalization plan developed by non-Federal interests and 

14 shall incorporate such plan into the Federal study if the 

15 Secretary determines that such plan is consistent with 

16 Federal standards. 

17 SEC. 4016. LYTLE CREEK, RIALTO, CALIFORNIA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for flood damage re20 duction and groundwater recharge, Lytle Creek, Rialto, 

21 California. 

22 SEC. 4017. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, 

23 CALIFORNIA. 

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

25 study to determine the feasibility of carrying out a project 
216 

HR 2864 PCS 

1 for water supply along the Mokelumne River, San Joaquin 

2 County, California. 

3 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

4 Nothing in this section shall be construed to invalidate, 

5 preempt, or create any exception to State water law, State 

6 water rights, or Federal or State permitted activities or 

7 agreements. 

8 SEC. 4018. NAPA RIVER, ST. HELENA, CALIFORNIA. 

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

10 comprehensive study of the Napa River in the vicinity of 

11 St. Helena, California, for the purposes of improving flood 

12 management through reconnecting the river to its flood13 plain; restoring habitat, including riparian and aquatic 

14 habitat; improving fish passage and water quality; and re15 storing native plant communities. 

16 (b) PLANS AND DESIGNS.—In conducting the study, 

17 the Secretary shall review plans and designs developed by 

18 non-Federal interests and shall incorporate such plans and 

19 designs into the Federal study if the Secretary determines 

20 that such plans and designs are consistent with Federal 

21 standards. 

22 SEC. 4019. ORICK, CALIFORNIA. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for flood damage re25 duction and ecosystem restoration, Orick, California. In 
217 

HR 2864 PCS 

1 conducting the study, the Secretary shall determine the 

2 feasibility of restoring or rehabilitating the Redwood 

3 Creek Levees, Humboldt County, California. 

4 SEC. 4020. RIALTO, FONTANA, AND COLTON, CALIFORNIA. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of carrying out a project for water supply for 

7 Rialto, Fontana, and Colton, California. 

8 SEC. 4021. 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. 4022. 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. 4023. 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 ben-
218 

HR 2864 PCS 

1 efits and impacts of salinity in the Delta and the benefits 

2 to navigation, flood damage reduction, ecosystem restora3 tion, water quality, salinity control, water supply reli4 ability, and recreation. 

5 (b) COOPERATION.—In conducting the study, the 

6 Secretary shall cooperate with the California Department 

7 of Water Resources and appropriate Federal and State en8 tities in developing options for the beneficial use of 

9 dredged material from San Francisco Bay for the Sac10 ramento-San Joaquin Delta area. 

11 (c) REVIEW.—The study shall include a review of the 

12 feasibility of using Sherman Island as a rehandling site 

13 for levee maintenance material, as well as for ecosystem 

14 restoration. The review may include monitoring a pilot 

15 project using up to 150,000 cubic yards of dredged mate16 rial and being carried out at the Sherman Island site, ex17 amining larger scale use of dredged materials from the 

18 San Francisco Bay and Suisun Bay Channel, and ana19 lyzing the feasibility of the potential use of saline mate20 rials from the San Francisco Bay for both rehandling and 

21 ecosystem restoration purposes. 

22 SEC. 4024. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 

23 CALIFORNIA. 

24 (a) IN GENERAL.—In conducting the South San 

25 Francisco Bay shoreline study, the Secretary shall— 
219 

HR 2864 PCS 

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 
220 

HR 2864 PCS 

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. 4025. 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. 4026. 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. 4027. 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. 4028. 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-
221 

HR 2864 PCS 

1 duction and other purposes for the Roaring Fork River, 

2 Basalt, Colorado. 

3 SEC. 4029. 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. 4030. 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. 4031. 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. 4032. 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. 
222 

HR 2864 PCS 

1 SEC. 4033. 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. 4034. 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. 4035. 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. 4036. 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 
223 

HR 2864 PCS 

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. 4037. 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. 4038. 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. 4039. 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. 4040. 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. 
224 

HR 2864 PCS 

1 SEC. 4041. 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. 4042. 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. 4043. 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 recreation, and improved access as project purposes, in19 cluding permanently raising the winter pool elevation of 

20 the project. 

21 (b) IN-KIND CONTRIBUTIONS.—The non-Federal in22 terest may provide the non-Federal share of the cost of 

23 the study in the form of in-kind services and materials. 
225 

HR 2864 PCS 

1 SEC. 4044. 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. 4045. 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. 4046. 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. 4047. 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 that would result from 

23 carrying out the project: 

24 (1) Atchafalaya River, Bayous Chene, Boeuf, 

25 and Black, Louisiana, being conducted under section 
226 

HR 2864 PCS 

1 430 of the Water Resources Development Act of 

2 2000 (114 Stat. 2639). 

3 (2) Iberia Port, Louisiana, being conducted 

4 under section 431 of the Water Resources Develop5 ment Act of 2000 (114 Stat. 2639). 

6 (b) REPEAL.—Section 6009 of the Emergency Sup7 plemental Appropriations Act for Defense, the Global War 

8 on Terror, and Tsunami Relief, 2005 (Public Law 109– 

9 13; 119 Stat. 282) is repealed. 

10 SEC. 4048. VERMILION RIVER, LOUISIANA. 

11 The Secretary shall conduct a study to determine the 

12 feasibility of carrying out a project for navigation on the 

13 Vermilion River, Louisiana, from the intersection of the 

14 Vermilion River and the Gulf Intracoastal Waterway to 

15 the industrial area north of the Vermilion River. 

16 SEC. 4049. WEST FELICIANA PARISH, LOUISIANA. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for riverfront develop19 ment, including enhanced public access, recreation, and 

20 environmental restoration, on the Mississippi River in 

21 West Feliciana Parish, Louisiana. 

22 SEC. 4050. PATAPSCO RIVER, MARYLAND. 

23 The Secretary shall conduct a study to determine and 

24 assess the impact of debris in the Patapsco River basin, 

25 Maryland, on wetlands, water quality, and public health 
227 

HR 2864 PCS 

1 and to identify management measures to reduce the inflow 

2 of debris into the Patapsco River. 

3 SEC. 4051. FALL RIVER HARBOR, MASSACHUSETTS AND 

4 RHODE ISLAND. 

5 The Secretary shall conduct a study to determine the 

6 feasibility of deepening that portion of the navigation 

7 channel of the navigation project for Fall River Harbor, 

8 Massachusetts and Rhode Island, authorized by section 

9 101 of the River and Harbor Act of 1968 (82 Stat. 731), 

10 seaward of the Charles M. Braga, Jr. Memorial Bridge, 

11 Fall River and Somerset, Massachusetts. 

12 SEC. 4052. HAMBURG AND GREEN OAK TOWNSHIPS, MICHI13 GAN. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage re16 duction on Ore Lake and the Huron River for Hamburg 

17 and Green Oak Townships, Michigan. 

18 SEC. 4053. ST. CLAIR RIVER, MICHIGAN. 

19 (a) IN GENERAL.—The Secretary shall carry out a 

20 study of the relationships among dredging of the St. Clair 

21 River for navigation, erosion in the river, and declining 

22 water levels in the river and in Lake Michigan and Lake 

23 Huron. 
228 

HR 2864 PCS 

1 (b) RECOMMENDATIONS.—The report on the results 

2 of the study may include recommendations to address 

3 water level declines in Lake Michigan and Lake Huron. 

4 SEC. 4054. DULUTH-SUPERIOR HARBOR, MINNESOTA AND 

5 WISCONSIN. 

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

7 study and prepare a report to evaluate the integrity of 

8 the bulkhead system located on and in the vicinity of Du9 luth-Superior Harbor, Duluth, Minnesota, and Superior, 

10 Wisconsin. 

11 (b) CONTENTS.—The report shall include— 

12 (1) a determination of causes of corrosion of 

13 the bulkhead system; 

14 (2) recommendations to reduce corrosion of the 

15 bulkhead system; 

16 (3) a description of the necessary repairs to the 

17 bulkhead system; and 

18 (4) an estimate of the cost of addressing the 

19 causes of the corrosion and carrying out necessary 

20 repairs. 

21 SEC. 4055. WILD RICE RIVER, MINNESOTA. 

22 The Secretary shall review the project for flood pro23 tection and other purposes on Wild Rice River, Minnesota, 

24 authorized by section 201 of the Flood Control Act of 
229 

HR 2864 PCS 

1 1970 (84 Stat. 1825), to develop alternatives to the Twin 

2 Valley Lake feature. 

3 SEC. 4056. MISSISSIPPI COASTAL AREA, MISSISSIPPI. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of making improvements or modifications to ex6 isting improvements in the coastal area of Mississippi in 

7 the interest of hurricane and storm damage reduction, 

8 prevention of saltwater intrusion, preservation of fish and 

9 wildlife, prevention of erosion, and other related water re10 source purposes. 

11 SEC. 4057. NORTHEAST MISSISSIPPI. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of modifying the project for navigation, Ten14 nessee-Tombigbee Waterway, Alabama and Mississippi, to 

15 provide water supply for northeast Mississippi. 

16 SEC. 4058. ST. LOUIS, MISSOURI. 

17 The Secretary shall conduct a study to determine the 

18 feasibility of carrying out a project for flood damage re19 duction, St. Louis, Missouri, to restore or rehabilitate the 

20 levee system feature of the project for flood protection, 

21 St. Louis, Missouri, authorized by the first section of the 

22 Act entitled ‘‘An Act authorizing construction of certain 

23 public works on the Mississippi River for the protection 

24 of Saint Louis, Missouri’’, approved August 9, 1955 (69 

25 Stat. 540). 
230 

HR 2864 PCS 

1 SEC. 4059. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project in the vicinity of the 

4 Atlantic Intracoastal Waterway, New Jersey, for the con5 struction of a dredged material disposal transfer facility 

6 to make dredged material available for beneficial reuse. 

7 SEC. 4060. BAYONNE, NEW JERSEY. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for environmental res10 toration, including improved water quality, enhanced pub11 lic access, and recreation, on the Kill Van Kull, Bayonne, 

12 New Jersey. 

13 SEC. 4061. CARTERET, NEW JERSEY. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for environmental res16 toration, including improved water quality, enhanced pub17 lic access, and recreation, on the Raritan River, Carteret, 

18 New Jersey. 

19 SEC. 4062. ELIZABETH RIVER, ELIZABETH, NEW JERSEY. 

20 The Secretary shall conduct a study to determine the 

21 feasibility of carrying out ecosystem restoration improve22 ments in the Elizabeth River watershed, Elizabeth, New 

23 Jersey. 

24 SEC. 4063. GLOUCESTER COUNTY, NEW JERSEY. 

25 The Secretary shall conduct a study to determine the 

26 feasibility of carrying out a project for flood damage re-
231 

HR 2864 PCS 

1 duction, Gloucester, New Jersey, including the feasibility 

2 of restoring the flood protection dikes in Gibbstown, New 

3 Jersey, and the associated tidegates in Gloucester, New 

4 Jersey. 

5 SEC. 4064. PERTH AMBOY, NEW JERSEY. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for riverfront develop8 ment, including enhanced public access, recreation, and 

9 environmental restoration, on the Arthur Kill, Perth 

10 Amboy, New Jersey. 

11 SEC. 4065. WRECK POND, MONMOUTH COUNTY, NEW JER12 SEY. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for environmental res15 toration at Wreck Pond, New Jersey, including Black 

16 Creek and associated waters. 

17 SEC. 4066. BATAVIA, NEW YORK. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for hydropower and 

20 related purposes in the vicinity of Batavia, New York. 

21 SEC. 4067. BIG SISTER CREEK, EVANS, NEW YORK. 

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

23 study to determine the feasibility of carrying out a project 

24 for flood damage reduction, Big Sister Creek, Evans, New 

25 York. 
232 

HR 2864 PCS 

1 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In 

2 conducting the study, the Secretary shall evaluate poten3 tial solutions to flooding from all sources, including flood4 ing that results from ice jams. 

5 SEC. 4068. EAST CHESTER BAY, TURTLE COVE, NEW YORK. 

6 The Secretary shall conduct a study to determine the 

7 feasibility of carrying out a project for navigation, East 

8 Chester Creek, Chester Bay, Turtle Cove, New York. 

9 SEC. 4069. FINGER LAKES, NEW YORK. 

10 The Secretary shall conduct a study to determine the 

11 feasibility of carrying out a project for aquatic ecosystem 

12 restoration and protection, Finger Lakes, New York, to 

13 address water quality and invasive species. 

14 SEC. 4070. HUDSON-RARITAN ESTUARY, NEW YORK AND 

15 NEW JERSEY. 

16 In conducting the study for environmental restora17 tion, Hudson-Raritan Estuary, New York and New Jer18 sey, the Secretary shall establish and utilize watershed res19 toration teams composed of estuary restoration experts 

20 from the Corps of Engineers, the New Jersey Department 

21 of Environmental Protection, and the Port Authority of 

22 New York and New Jersey and other experts designated 

23 by the Secretary for the purpose of developing habitat res24 toration and water quality enhancement. 
233 

HR 2864 PCS 

1 SEC. 4071. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for storm damage re4 duction and shoreline protection in the vicinity of Galla5 gher Beach, Lake Erie Shoreline, Buffalo, New York. 

6 SEC. 4072. NEWTOWN CREEK, NEW YORK. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out ecosystem restoration improve9 ments on Newtown Creek, Brooklyn and Queens, New 

10 York. 

11 SEC. 4073. NIAGARA RIVER, NEW YORK. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for a low-head hydro14 electric generating facility in the Niagara River, New 

15 York. 

16 SEC. 4074. SHORE PARKWAY GREENWAY, BROOKLYN, NEW 

17 YORK. 

18 The Secretary shall conduct a study of the feasibility 

19 of carrying out a project for shoreline protection in the 

20 vicinity of the confluence of the Narrows and Gravesend 

21 Bay, Upper New York Bay, Shore Parkway Greenway, 

22 Brooklyn, New York. 

23 SEC. 4075. UPPER DELAWARE RIVER WATERSHED, NEW 

24 YORK. 

25 Notwithstanding section 221(b) of the Flood Control 

26 Act of 1970 (42 U.S.C. 1962d–5b(b)) and with the con-
234 

HR 2864 PCS 

1 sent of the affected local government, a nonprofit organi2 zation may serve as the non-Federal interest for a study 

3 for the Upper Delaware River watershed, New York, being 

4 carried out under Committee Resolution 2495 of the Com5 mittee on Transportation and Infrastructure of the House 

6 of Representatives, adopted May 9, 1996. 

7 SEC. 4076. LINCOLN COUNTY, NORTH CAROLINA. 

8 The Secretary shall conduct a study of existing water 

9 and water quality-related infrastructure in Lincoln Coun10 ty, North Carolina, to assist local interests in determining 

11 the most efficient and effective way to connect county in12 frastructure. 

13 SEC. 4077. WILKES COUNTY, NORTH CAROLINA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for water supply, 

16 Wilkes County, North Carolina. 

17 SEC. 4078. YADKINVILLE, NORTH CAROLINA. 

18 The Secretary shall conduct a study to determine the 

19 feasibility of carrying out a project for water supply, 

20 Yadkinville, North Carolina. 

21 SEC. 4079. CINCINNATI, OHIO. 

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

23 study to determine the feasibility of carrying out a project 

24 for ecosystem restoration and recreation on the Ohio 

25 River, Cincinnati, Ohio. 
235 

HR 2864 PCS 

1 (b) DESIGN.—While conducting the study, the Sec2 retary may continue to carry out design work for the 

3 project as authorized by section 118 of division H of the 

4 Consolidated Appropriations Act, 2004 (118 Stat. 439). 

5 (c) EXISTING PLANS.—In conducting the study, the 

6 Secretary shall review the Central Riverfront Park Master 

7 Plan, dated December 1999, and incorporate any compo8 nents of the plan that the Secretary determines are con9 sistent with Federal standards. 

10 (d) CREDIT.— 

11 (1) IN GENERAL.—The Secretary shall credit 

12 toward the non-Federal share of the cost of any 

13 project authorized by law as a result of the study 

14 the cost of work carried out by the non-Federal in15 terest before the date of the partnership agreement 

16 for the project if the Secretary determines that the 

17 work is integral to the project. 

18 (2) LIMITATION.—In no case may work that 

19 was carried out more than 5 years before the date 

20 of enactment of this Act be eligible for credit under 

21 this subsection. 

22 SEC. 4080. EUCLID, OHIO. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for navigation, eco-
236 

HR 2864 PCS 

1 system restoration, and recreation on Lake Erie, in the 

2 vicinity of the Euclid Lakefront, Euclid, Ohio. 

3 SEC. 4081. LAKE ERIE, OHIO. 

4 The Secretary shall conduct a study to determine the 

5 feasibility of carrying out projects for power generation 

6 at confined disposal facilities along Lake Erie, Ohio. 

7 SEC. 4082. OHIO RIVER, OHIO. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out projects for flood damage reduc10 tion on the Ohio River in Mahoning, Columbiana, Jeffer11 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 

12 Gallia, Lawrence, and Scioto Counties, Ohio. 

13 SEC. 4083. SUTHERLIN, OREGON. 

14 (a) STUDY.—The Secretary shall conduct a study of 

15 water resources along Sutherlin Creek in the vicinity of 

16 Sutherlin, Oregon, to determine the feasibility of carrying 

17 out a project to restore and enhance aquatic resources 

18 using a combination of structural and bioengineering tech19 niques and, if the Secretary determines that the project 

20 is feasible, the Secretary may carry out the project. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $2,500,000. 
237 

HR 2864 PCS 

1 SEC. 4084. TILLAMOOK BAY AND BAR, OREGON. 

2 The Secretary shall conduct a study of the project 

3 for navigation, Tillamook Bay and Bar, Oregon, author4 ized by the first section of the River and Harbor Appro5 priations Act of July 25, 1912 (37 Stat. 220), to inves6 tigate measures to address dangerous and hazardous wave 

7 and ocean conditions. 

8 SEC. 4085. ECOSYSTEM RESTORATION AND FISH PASSAGE 

9 IMPROVEMENTS, OREGON. 

10 (a) STUDY.—The Secretary shall conduct a study to 

11 determine the feasibility of undertaking ecosystem restora12 tion and fish passage improvements on rivers throughout 

13 the State of Oregon. 

14 (b) REQUIREMENTS.—In carrying out the study, the 

15 Secretary shall— 

16 (1) work in coordination with the State of Or17 egon, local governments, and other Federal agencies; 

18 and 

19 (2) place emphasis on— 

20 (A) fish passage and conservation and res21 toration strategies to benefit species that are 

22 listed or proposed for listing as threatened or 

23 endangered species under the Endangered Spe24 cies Act of 1973 (16 U.S.C. 1531 et seq.); and 

25 (B) other watershed restoration objectives. 

26 (c) PILOT PROGRAM.— 
238 

HR 2864 PCS 

1 (1) IN GENERAL.—In conjunction with con2 ducting the study under subsection (a), the Sec3 retary may carry out pilot projects to demonstrate 

4 the effectiveness of ecosystem restoration and fish 

5 passages. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated $5,000,000 

8 to carry out this subsection. 

9 SEC. 4086. WALLA WALLA RIVER BASIN, OREGON. 

10 In conducting the study of determine the feasibility 

11 of carrying out a project for ecosystem restoration, Walla 

12 Walla River Basin, Oregon, the Secretary shall— 

13 (1) credit toward the non-Federal share of the 

14 cost of the study the cost of work carried out by the 

15 non-Federal interest before the date of the partner16 ship agreement for the project if the Secretary de17 termines that the work is integral to the project; and 

18 (2) allow the non-Federal interest to provide 

19 the non-Federal share of the cost of the study in the 

20 form of in-kind services and materials. 

21 SEC. 4087. CHARTIERS CREEK WATERSHED, PENNSYL22 VANIA. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out a project for flood damage re25 duction, Chartiers Creek watershed, Pennsylvania. 
239 

HR 2864 PCS 

1 SEC. 4088. KINZUA DAM AND ALLEGHENY RESERVOIR, 

2 PENNSYLVANIA. 

3 The Secretary shall conduct a study of the project 

4 for flood control, Kinzua Dam and Allegheny Reservoir, 

5 Warren, Pennsylvania, authorized by section 5 of the 

6 Flood Control Act of June 22, 1936 (49 Stat. 1570), and 

7 modified by section 2 of the Flood Control Act of June 

8 28, 1938 (52 Stat. 1215), section 2 of the Flood Control 

9 Act of August 18, 1941 (55 Stat. 646), and section 4 of 

10 the Flood Control Act of December 22, 1944 (58 Stat. 

11 887), to review operations of and identify modifications 

12 to the project to expand recreational opportunities. 

13 SEC. 4089. NORTH CENTRAL PENNSYLVANIA. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out project for aquatic ecosystem 

16 restoration and protection in Warren, McKean, Potter, 

17 Tioga, Lycoming, Centre, Cameron, Elk, Clearfield, Jef18 ferson, Clarion, Venango, Forest, Clinton, Crawford, and 

19 Mifflin Counties, Pennsylvania, particularly as related to 

20 abandoned mine drainage abatement and reestablishment 

21 of stream and river channels. 

22 SEC. 4090. NORTHAMPTON AND LEHIGH COUNTIES 

23 STREAMS, PENNSYLVANIA. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for ecosystem restora26 tion, floodplain management, flood damage reduction, 
240 

HR 2864 PCS 

1 water quality control, and watershed management, for the 

2 streams of Northampton and Lehigh Counties, Pennsyl3 vania. 

4 SEC. 4091. WESTERN PENNSYLVANIA FLOOD DAMAGE RE5 DUCTION. 

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

7 study of structural and nonstructural flood damage reduc8 tion, stream bank protection, storm water management, 

9 channel clearing and modification, and watershed coordi10 nation measures in the Mahoning River basin, Pennsyl11 vania, the Allegheny River basin, Pennsylvania, and the 

12 Upper Ohio River basin, Pennsylvania, to provide a level 

13 of flood protection sufficient to prevent future losses to 

14 communities located in such basins from flooding such as 

15 occurred in September 2004, but not less than a 100-year 

16 level of flood protection. 

17 (b) PRIORITY COMMUNITIES.—In carrying out this 

18 section, the Secretary shall give priority to the following 

19 Pennsylvania communities: Marshall Township, Ross 

20 Township, Shaler Township, Jackson Township, Har21 mony, Zelienople, Darlington Township, Houston Bor22 ough, Chartiers Township, Washington, Canton Town23 ship, Tarentum Borough, and East Deer Township. 
241 

HR 2864 PCS 

1 SEC. 4092. WILLIAMSPORT, PENNSYLVANIA. 

2 The Secretary shall conduct a study of the project 

3 for flood control, Williamsport, Pennsylvania, authorized 

4 by section 5 of the Flood Control Act of June 22, 1936 

5 (49 Stat. 1570), to investigate measures to rehabilitate 

6 the project. 

7 SEC. 4093. YARDLEY BOROUGH, PENNSYLVANIA. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for flood damage re10 duction, at Yardley Borough, Pennsylvania, including the 

11 alternative of raising River Road. 

12 SEC. 4094. RIO VALENCIANO, JUNCOS, PUERTO RICO. 

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

14 study to reevaluate the project for flood damage reduction 

15 and water supply, Rio Valenciano, Juncos, Puerto Rico, 

16 authorized by section 209 of the Flood Control Act of 

17 1962 (76 Stat. 1197) and section 204 of the Flood Con18 trol Act of 1970 (84 Stat. 1828), to determine the feasi19 bility of carrying out the project. 

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

21 non-Federal share of the cost of the study the cost of work 

22 carried out by the non-Federal interest before the date of 

23 the partnership agreement for the project if the Secretary 

24 determines that the work is integral to the project. 
242 

HR 2864 PCS 

1 SEC. 4095. CROOKED CREEK, BENNETTSVILLE, SOUTH 

2 CAROLINA. 

3 The Secretary shall conduct a study to determine the 

4 feasibility of carrying out a project for water supply, 

5 Crooked Creek, Bennettsville, South Carolina. 

6 SEC. 4096. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for water supply, 

9 Broad River, York County, South Carolina. 

10 SEC. 4097. GEORGETOWN AND WILLIAMSBURG COUNTIES, 

11 SOUTH CAROLINA. 

12 The Secretary shall conduct a study to determine the 

13 feasibility of carrying out a project for water supply for 

14 Georgetown and Williamsburg Counties, South Carolina, 

15 including the viability and practicality of constructing a 

16 desalinization water treatment facility to meet such water 

17 supply needs. 

18 SEC. 4098. CHATTANOOGA, TENNESSEE. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for flood damage re21 duction, Chattanooga Creek, Dobbs Branch, Chattanooga, 

22 Tennessee. 

23 SEC. 4099. CLEVELAND, TENNESSEE. 

24 The Secretary shall conduct a study to determine the 

25 feasibility of carrying out a project for flood damage re26 duction, Cleveland, Tennessee. 
243 

HR 2864 PCS 

1 SEC. 4100. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for recreation on, river4 bank protection for, and environmental protection of, the 

5 Cumberland River and riparian habitats in the city of 

6 Nashville and Davidson County, Tennessee. 

7 SEC. 4101. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN8 NESSEE. 

9 The Secretary shall conduct a study to determine the 

10 feasibility of carrying out a project for water supply for 

11 Lewis, Lawrence, and Wayne Counties, Tennessee. 

12 SEC. 4102. WOLF RIVER AND NONCONNAH CREEK, MEM13 PHIS TENNESSEE. 

14 The Secretary shall conduct a study to determine the 

15 feasibility of carrying out a project for flood damage re16 duction along Wolf River and Nonconnah Creek, in the 

17 vicinity of Memphis, Tennessee, to include the repair, re18 placement, rehabilitation, and restoration of the following 

19 pumping stations: Cypress Creek, Nonconnah Creek, 

20 Ensley, Marble Bayou, and Bayou Gayoso. 

21 SEC. 4103. ABILENE, TEXAS. 

22 The Secretary shall conduct a study to determine the 

23 feasibility of carrying out a project for water supply, Abi24 lene, Texas. 
244 

HR 2864 PCS 

1 SEC. 4104. COASTAL TEXAS ECOSYSTEM PROTECTION AND 

2 RESTORATION, TEXAS. 

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

4 comprehensive plan to determine the feasibility of carrying 

5 out projects for flood damage reduction, hurricane and 

6 storm damage reduction, and ecosystem restoration in the 

7 coastal areas of the State of Texas. 

8 (b) SCOPE.—The comprehensive plan shall provide 

9 for the protection, conservation, and restoration of wet10 lands, barrier islands, shorelines, and related lands and 

11 features that protect critical resources, habitat, and infra12 structure from the impacts of coastal storms, hurricanes, 

13 erosion, and subsidence. 

14 (c) DEFINITION.—For purposes of this section, the 

15 term ‘‘coastal areas in the State of Texas’’ means the 

16 coastal areas of the State of Texas from the Sabine River 

17 on the east to the Rio Grande River on the west and in18 cludes tidal waters, barrier islands, marches, coastal wet19 lands, rivers and streams, and adjacent areas. 

20 SEC. 4105. FORT BEND COUNTY, TEXAS. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage re23 duction, Fort Bend County, Texas. 
245 

HR 2864 PCS 

1 SEC. 4106. HARRIS COUNTY, TEXAS. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, Harris County, Texas. 

5 SEC. 4107. JOHNSON CREEK, ARLINGTON, TEXAS. 

6 (a) REEVALUATION OF ENVIRONMENTAL RESTORA7 TION FEATURES.—The Secretary shall reevaluate the 

8 project for flood damage reduction, environmental restora9 tion, and recreation, authorized by section 101(b)(14) of 

10 the Water Resources Development Act of 1999 (113 Stat. 

11 280), to develop alternatives to the separable environ12 mental restoration element of the project. 

13 (b) STUDY OF ADDITIONAL FLOOD DAMAGE REDUC14 TION MEASURES.—The Secretary shall conduct a study 

15 to determine the feasibility of additional flood damage re16 duction measures and erosion control measures within the 

17 boundaries of the project referred to in subsection (a). 

18 (c) PLANS AND DESIGNS.—In conducting the studies 

19 referred to in subsections (a) and (b), the Secretary shall 

20 review plans and designs developed by non-Federal inter21 ests and shall use such plans and designs to the extent 

22 that the Secretary determines that such plans and designs 

23 are consistent with Federal standards. 

24 (d) CREDIT TOWARD FEDERAL SHARE.—If an alter25 native environmental restoration element is authorized by 

26 law, the Secretary shall credit toward the Federal share 
246 

HR 2864 PCS 

1 of the cost of that project the costs incurred by the Sec2 retary to carry out the separable environmental restora3 tion element of the project referred to in subsection (a). 

4 The non-Federal interest shall not be responsible for reim5 bursing the Secretary for any amount credited under this 

6 subsection. 

7 (e) CREDIT TOWARD THE NON-FEDERAL SHARE.— 

8 The Secretary shall credit toward the non-Federal share 

9 of the cost of the studies under subsections (a) and (b), 

10 and the cost of any project carried out as a result of such 

11 studies the cost of work carried out by the non-Federal 

12 interest. 

13 SEC. 4108. PORT OF GALVESTON, TEXAS. 

14 The Secretary shall conduct a study of the feasibility 

15 of carrying out a project for dredged material disposal in 

16 the vicinity of the project for navigation and environ17 mental restoration, Houston-Galveston Navigation Chan18 nels, Texas, authorized by section 101(a)(30) of the Water 

19 Resources Development Act of 1996 (110 Stat. 3666). 

20 SEC. 4109. ROMA CREEK, TEXAS. 

21 The Secretary shall conduct a study to determine the 

22 feasibility of carrying out a project for flood damage re23 duction, Roma Creek, Texas. 
247 

HR 2864 PCS 

1 SEC. 4110. WALNUT CREEK, TEXAS. 

2 The Secretary shall conduct a study to determine the 

3 feasibility of carrying out a project for flood damage re4 duction, environmental restoration, and erosion control, 

5 Walnut Creek, Texas. 

6 SEC. 4111. GRAND COUNTY AND MOAB, UTAH. 

7 The Secretary shall conduct a study to determine the 

8 feasibility of carrying out a project for water supply for 

9 Grand County and the city of Moab, Utah, including a 

10 review of the impact of current and future demands on 

11 the Spanish Valley Aquifer. 

12 SEC. 4112. SOUTHWESTERN UTAH. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage re15 duction, Santa Clara River, Washington, Iron, and Kane 

16 Counties, Utah. 

17 SEC. 4113. CHOWAN RIVER BASIN, VIRGINIA AND NORTH 

18 CAROLINA. 

19 The Secretary shall conduct a study to determine the 

20 feasibility of carrying out a project for flood damage re21 duction, environmental restoration, navigation, and ero22 sion control, Chowan River basin, Virginia and North 

23 Carolina. 

24 SEC. 4114. JAMES RIVER, RICHMOND, VIRGINIA. 

25 The Secretary shall conduct a study to determine the 

26 feasibility of carrying out a project for flood damage re-
248 

HR 2864 PCS 

1 duction for the James River in the vicinity of Richmond, 

2 Virginia, including the Shockoe Bottom area. 

3 SEC. 4115. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON. 

4 (a) IN GENERAL.—The study for rehabilitation of the 

5 Elliott Bay Seawall, Seattle, Washington, being carried 

6 out under Committee Resolution 2704 of the Committee 

7 on Transportation and Infrastructure of the House of 

8 Representatives adopted September 25, 2002, is modified 

9 to include a determination of the feasibility of reducing 

10 future damage to the seawall from seismic activity. 

11 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 

12 out the study, the Secretary may accept contributions in 

13 excess of the non-Federal share of the cost of the study 

14 from the non-Federal interest to the extent that the Sec15 retary determines that the contributions will facilitate 

16 completion of the study. 

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

18 non-Federal share of the cost of any project authorized 

19 by law as a result of the study the value of contributions 

20 accepted by the Secretary under subsection (b). 

21 SEC. 4116. MONONGAHELA RIVER BASIN, NORTHERN WEST 

22 VIRGINIA. 

23 The Secretary shall conduct a study to determine the 

24 feasibility of carrying out aquatic ecosystem restoration 

25 and protection projects in the watersheds of the 
249 

HR 2864 PCS 

1 Monongahela River Basin lying within the counties of 

2 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 

3 Doddridge, Monongalia, Marion, Harrison, Taylor, 

4 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, 

5 Brooke, and Rithchie, West Virginia, particularly as re6 lated to abandoned mine drainage abatement. 

7 SEC. 4117. KENOSHA HARBOR, WISCONSIN. 

8 The Secretary shall conduct a study to determine the 

9 feasibility of carrying out a project for navigation, Keno10 sha Harbor, Wisconsin, including the extension of existing 

11 piers. 

12 SEC. 4118. WAUWATOSA, WISCONSIN. 

13 The Secretary shall conduct a study to determine the 

14 feasibility of carrying out a project for flood damage re15 duction and environmental restoration, Menomonee River 

16 and Underwood Creek, Wauwatosa, Wisconsin, and great17 er Milwaukee watersheds, Wisconsin. 

18 TITLE V—MISCELLANEOUS 

19 PROVISIONS 

20 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS. 

21 (a) IN GENERAL.—Upon request of a non-Federal in22 terest, the Secretary shall be responsible for maintenance 

23 of the following navigation channels and breakwaters con24 structed or improved by the non-Federal interest if the 

25 Secretary determines that such maintenance is economi-
250 

HR 2864 PCS 

1 cally justified and environmentally acceptable and that the 

2 channel or breakwater was constructed in accordance with 

3 applicable permits and appropriate engineering and design 

4 standards: 

5 (1) Manatee Harbor basin, Florida. 

6 (2) Bayou LaFourche Channel, Port Fourchon, 

7 Louisiana. 

8 (3) Calcasieu River at Devil’s Elbow, Louisiana. 

9 (4) Pidgeon Industrial Harbor, Pidgeon Indus10 trial Park, Memphis Harbor, Tennessee. 

11 (5) Pix Bayou Navigation Channel, Chambers 

12 County, Texas. 

13 (6) Racine Harbor, Wisconsin. 

14 (b) COMPLETION OF ASSESSMENT.—Not later than 

15 6 months after the date of receipt of a request from a 

16 non-Federal interest for Federal assumption of mainte17 nance of a channel listed in subsection (a), the Secretary 

18 shall make a determination as provided in subsection (a) 

19 and advise the non-Federal interest of the Secretary’s de20 termination. 

21 SEC. 5002. WATERSHED MANAGEMENT. 

22 (a) IN GENERAL.—The Secretary may provide tech23 nical, planning, and design assistance to non-Federal in24 terests for carrying out watershed management, restora-
251 

HR 2864 PCS 

1 tion, and development projects at the locations described 

2 in subsection (d). 

3 (b) SPECIFIC MEASURES.—Assistance provided 

4 under subsection (a) may be in support of non-Federal 

5 projects for the following purposes: 

6 (1) Management and restoration of water qual7 ity. 

8 (2) Control and remediation of toxic sediments. 

9 (3) Restoration of degraded streams, rivers, 

10 wetlands, and other waterbodies to their natural 

11 condition as a means to control flooding, excessive 

12 erosion, and sedimentation. 

13 (4) Protection and restoration of watersheds, 

14 including urban watersheds. 

15 (5) Demonstration of technologies for non16 structural measures to reduce destructive impacts of 

17 flooding. 

18 (c) NON-FEDERAL SHARE.—The non-Federal share 

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

20 shall be 50 percent. 

21 (d) PROJECT LOCATIONS.—The locations referred to 

22 in subsection (a) are the following: 

23 (1) Charlotte Harbor watershed, Florida. 

24 (2) Big Creek watershed, Roswell, Georgia. 
252 

HR 2864 PCS 

1 (3) Those portions of the watersheds of the 

2 Chattahoochee, Etowah, Flint, Ocmulgee, and 

3 Oconee Rivers lying within the counties of Bartow, 

4 Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

5 Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, 

6 Paulding, Rockdale, and Walton, Georgia. 

7 (4) Kinkaid Lake, Jackson County, Illinois. 

8 (5) Amite River basin, Louisiana. 

9 (6) East Atchafalaya River basin, Iberville Par10 ish and Pointe Coupee Parish, Louisiana. 

11 (7) Red River watershed, Louisiana. 

12 (8) Taunton River basin, Massachusetts. 

13 (9) Lower Platte River watershed, Nebraska. 

14 (10) Rio Grande watershed, New Mexico. 

15 (11) Marlboro Township, New Jersey. 

16 (12) Buffalo River watershed, New York. 

17 (13) Cattaragus Creek watershed, New York. 

18 (14) Eighteenmile Creek watershed, Niagara 

19 County, New York. 

20 (15) Esopus, Plattekill, and Rondout Creeks, 

21 Greene, Sullivan, and Ulster Counties, New York. 

22 (16) Genesee River watershed, New York. 

23 (17) Greenwood Lake watershed, New York 

24 and New Jersey. 

25 (18) Long Island Sound watershed, New York. 
253 

HR 2864 PCS 

1 (19) Oswego River basin, New York. 

2 (20) Ramapo River watershed, New York. 

3 (21) Tonawanda Creek watershed, New York. 

4 (22) Tuscarawas River basin, Ohio. 

5 (23) Western Lake Erie basin, Ohio. 

6 (24) Those portions of the watersheds of the 

7 Beaver, Upper Ohio, Connoquenessing, Lower Alle8 gheny, Kiskiminetas, Lower Monongahela, 

9 Youghiogheny, Shenango, and Mahoning Rivers 

10 lying within the counties of Beaver, Butler, Law11 rence, and Mercer, Pennsylvania. 

12 (25) Otter Creek watershed, Pennsylvania. 

13 (26) Unami Creek watershed, Milford Town14 ship, Pennsylvania. 

15 (27) Sauk River basin, Washington. 

16 (28) Greater Milwaukee watersheds, Wisconsin. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $15,000,000. 

20 SEC. 5003. DAM SAFETY. 

21 (a) ASSISTANCE.—The Secretary may provide assist22 ance to enhance dam safety at the following locations: 

23 (1) Fish Creek Dam, Blaine County, Idaho. 

24 (2) Hamilton Dam, Saginaw River, Flint, 

25 Michigan. 
254 

HR 2864 PCS 

1 (3) Candor Dam, Candor, New York. 

2 (4) State Dam, Auburn, New York. 

3 (5) Whaley Lake Dam, Pawling, New York. 

4 (6) Ingham Spring Dam, Solebury Township, 

5 Pennsylvania. 

6 (7) Leaser Lake Dam, Lehigh County, Pennsyl7 vania. 

8 (8) Stillwater Dam, Monroe County, Pennsyl9 vania. 

10 (9) Wissahickon Creek Dam, Montgomery 

11 County, Pennsylvania. 

12 (b) SPECIAL RULE.—The assistance provided under 

13 subsection (a) for State Dam, Auburn, New York, shall 

14 be for a project for rehabilitation in accordance with the 

15 report on State Dam Rehabilitation, Owasco Lake Outlet, 

16 New York, dated March 1999, if the Secretary determines 

17 that the project is feasible. 

18 (c) FERN RIDGE DAM, OREGON.— 

19 (1) IN GENERAL.—The Secretary shall plan, de20 sign, and complete emergency corrective actions to 

21 repair the embankment dam at the Fern Ridge Lake 

22 project, Oregon. 

23 (2) TREATMENT.—The Secretary may treat 

24 work to be carried out under this subsection as a 

25 dam safety project, and the cost of the work may be 
255 

HR 2864 PCS 

1 recovered in accordance with section 1203 of the 

2 Water Resources Development Act of 1986 (33 

3 U.S.C. 467n; 100 Stat. 4263). 

4 (d) KEHLY RUN DAMS, PENNSYLVANIA.—Section 

5 504(a)(2) of the Water Resources Development Act of 

6 1999 (113 Stat. 338; 117 Stat. 1842) is amended by 

7 striking ‘‘Dams’’ and inserting ‘‘Dams No. 1–5’’. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out subsection (a) 

10 $6,000,000. 

11 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS. 

12 (a) IN GENERAL.—Upon request of a non-Federal in13 terest, the Secretary shall evaluate the structural integrity 

14 and effectiveness of a project for flood damage reduction 

15 and, if the Secretary determines that the project does not 

16 meet such minimum standards as the Secretary may es17 tablish and, absent action by the Secretary, the project 

18 will fail, the Secretary may take such action as may be 

19 necessary to restore the integrity and effectiveness of the 

20 project. 

21 (b) PRIORITY.—The Secretary shall evaluate under 

22 subsection (a) the following projects: 

23 (1) Project for flood damage reduction, Arkan24 sas River Levees, Arkansas. 
256 

HR 2864 PCS 

1 (2) Project for flood damage reduction, 

2 Nonconnah Creek, Tennessee. 

3 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS. 

4 (a) IN GENERAL.—Section 212(e) of the Water Re5 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 

6 Stat. 2599) is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraphs 

8 (23) and (27); 

9 (2) by striking the period at the end of para10 graph (28) and inserting a semicolon; and 

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

12 ‘‘(29) Ascension Parish, Louisiana; 

13 ‘‘(30) East Baton Rouge Parish, Louisiana; 

14 ‘‘(31) Iberville Parish, Louisiana; 

15 ‘‘(32) Livingston Parish, Louisiana; and 

16 ‘‘(33) Pointe Coupee Parish, Louisiana.’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended 

19 by striking ‘‘section—’’ and all that follows before the pe20 riod at the end and inserting ‘‘section $20,000,000’’. 

21 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED 

22 PROJECTS. 

23 (a) IN GENERAL.—Section 219(e) of the Water Re24 sources Development Act of 1992 (106 Stat. 4835; 110 

25 Stat. 3757; 113 Stat. 334) is amended— 
257 

HR 2864 PCS 

1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (7); 

3 (2) by striking the period at the end of para4 graph (8) and inserting a semicolon; and 

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

6 ‘‘(9) $35,000,000 for the project described in 

7 subsection (c)(18); 

8 ‘‘(10) $27,000,000 for the project described in 

9 subsection (c)(19); 

10 ‘‘(11) $20,000,000 for the project described in 

11 subsection (c)(20); 

12 ‘‘(12) $35,000,000 for the project described in 

13 subsection (c)(23); 

14 ‘‘(13) $20,000,000 for the project described in 

15 subsection (c)(25); 

16 ‘‘(14) $20,000,000 for the project described in 

17 subsection (c)(26); 

18 ‘‘(15) $35,000,000 for the project described in 

19 subsection (c)(27); 

20 ‘‘(16) $20,000,000 for the project described in 

21 subsection (c)(28); and 

22 ‘‘(17) $30,000,000 for the project described in 

23 subsection (c)(40).’’. 

24 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR25 KANSAS.—Federal assistance made available under the 
258 

HR 2864 PCS 

1 rural enterprise zone program of the Department of Agri2 culture may be used toward payment of the non-Federal 

3 share of the costs of the project described in section 

4 219(c)(20) of the Water Resources Development Act of 

5 1992 (114 Stat. 2763A–219) if such assistance is author6 ized to be used for such purposes. 

7 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND 

8 CONSTRUCTION FOR CERTAIN PROJECTS. 

9 The Secretary shall expedite completion of the re10 ports and, if the Secretary determines the project is fea11 sible, shall expedite completion of construction for the fol12 lowing projects: 

13 (1) Fulmer Creek, Village of Mohawk, New 

14 York, being carried out under section 205 of the 

15 Flood Control Act of 1948 (33 U.S.C. 701s). 

16 (2) Moyer Creek, Village of Frankfort, New 

17 York, being carried out under section 205 of the 

18 Flood Control Act of 1948 (33 U.S.C. 701s). 

19 (3) Steele Creek, Village of Ilion, New York, 

20 being carried out under section 205 of the Flood 

21 Control Act of 1948 (33 U.S.C. 701s). 

22 (4) Oriskany Wildlife Management Area, Rome, 

23 New York, being carried out under section 206 of 

24 the Water Resources Development Act of 1996 (33 

25 U.S.C. 2330). 
259 

HR 2864 PCS 

1 (5) Whitney Point Lake, Otselic River, Whitney 

2 Point, New York, being carried out under section 

3 1135 of the Water Resources Development Act of 

4 1986 (33 U.S.C. 2309a). 

5 (6) North River, Peabody, Massachusetts, being 

6 carried out under section 205 of the Flood Control 

7 Act of 1948 (33 U.S.C. 701s). 

8 (7) Newton Creek, Bainbridge, New York, 

9 being carried out under section 14 of the Flood Con10 trol Act of 1946 (33 U.S.C. 701r). 

11 (8) Chenango Lake, Chenango County, New 

12 York, being carried out under section 206 of the 

13 Water Resources Development Act of 1996 (33 

14 U.S.C. 2330). 

15 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER16 TAIN PROJECTS. 

17 (a) IN GENERAL.—The Secretary shall expedite com18 pletion of the reports for the following projects and, if the 

19 Secretary determines that a project is justified in the com20 pleted report, proceed directly to project preconstruction, 

21 engineering, and design: 

22 (1) Project for water supply, Little Red River, 

23 Arkansas. 

24 (2) Project for shoreline stabilization at 

25 Egmont Key, Florida. 
260 

HR 2864 PCS 

1 (3) Project for ecosystem restoration, Univer2 sity Lake, Baton Rouge, Louisiana. 

3 (4) Project for hurricane and storm damage re4 duction, Montauk Point, New York. 

5 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.— 

6 In carrying out the project for shoreline stabilization at 

7 Egmont Key, Florida, referred to in subsection (a)(2), the 

8 Secretary shall waive any cost share to be provided by non9 Federal interests for any portion of the project that bene10 fits federally owned property. 

11 (c) SPECIAL RULE FOR MONTAUK POINT, NEW

12 YORK.—The Secretary shall complete the report for the 

13 project referred to in subsection (a)(4) not later than Sep14 tember 30, 2005, notwithstanding the ownership of the 

15 property to be protected. 

16 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS17 MENT. 

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

19 Federal expense, an assessment of the water resources 

20 needs of the river basins and watersheds of the south21 eastern United States. 

22 (b) COOPERATIVE AGREEMENTS.—In carrying out 

23 the assessment, the Secretary may enter into cooperative 

24 agreements with State and local agencies, non-Federal 

25 and nonprofit entities, and regional researchers. 
261 

HR 2864 PCS 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $7,000,000 to carry out this 

3 section. 

4 SEC. 5010. UPPER MISSISSIPPI RIVER ENVIRONMENTAL 

5 MANAGEMENT PROGRAM. 

6 Section 1103(e)(7) of the Water Resources Develop7 ment Act of 1986 (33 U.S.C. 652(e)(7)) is amended— 

8 (1) by adding at the end of subparagraph (A) 

9 the following: ‘‘The non-Federal interest may pro10 vide the non-Federal share of the cost of the project 

11 in the form of in-kind services and materials.’’; and 

12 (2) by inserting after subparagraph (B) the fol13 lowing: 

14 ‘‘(C) Notwithstanding section 221(b) of the Flood 

15 Control Act of 1970 (42 U.S.C. 1962d–5(b)), for any 

16 project undertaken under this section, a non-Federal in17 terest may include a nonprofit entity, with the consent of 

18 the affected local government.’’. 

19 SEC. 5011. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN20 HANCEMENT PROJECT. 

21 Section 514(g) of the Water Resources Development 

22 Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended 

23 by striking ‘‘and 2004’’ and inserting ‘‘through 2015’’. 
262 

HR 2864 PCS 

1 SEC. 5012. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION. 

3 Section 506(f)(3)(B) of the Water Resources Devel4 opment Act of 2000 (42 U.S.C. 1962d–22; 114 Stat. 

5 2646) is amended by striking ‘‘50 percent’’ and inserting 

6 ‘‘100 percent’’. 

7 SEC. 5013. GREAT LAKES REMEDIAL ACTION PLANS AND 

8 SEDIMENT REMEDIATION. 

9 Section 401(c) of the Water Resources Development 

10 Act of 1990 (33 U.S.C. 1268 note; 114 Stat. 2613) is 

11 amended by striking ‘‘2006’’ and inserting ‘‘2011’’. 

12 SEC. 5014. GREAT LAKES TRIBUTARY MODEL. 

13 Section 516(g)(2) of the Water Resources Develop14 ment Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended 

15 by striking ‘‘2006’’ and inserting ‘‘2011’’. 

16 SEC. 5015. SUSQUEHANNA, DELAWARE, AND POTOMAC 

17 RIVER BASINS. 

18 (a) EX OFFICIO MEMBER.—Notwithstanding section 

19 3001(a) of the 1997 Emergency Supplemental Appropria20 tions Act for Recovery From Natural Disasters, and for 

21 Overseas Peacekeeping Efforts, Including Those in Bosnia 

22 (111 Stat. 176) and section 2.2 of both the Susquehanna 

23 River Basin Compact (Public Law 91–575) and the Dela24 ware River Basin Compact (Public Law 87–328), begin25 ning in fiscal year 2005 and thereafter, the Division Engi26 neer, North Atlantic Division, Corps of Engineers, shall 
263 

HR 2864 PCS 

1 be the ex officio United States member under the Susque2 hanna River Basin Compact and the Delaware River 

3 Basin Compact, who shall serve without additional com4 pensation and who may designate an alternate member or 

5 members in accordance with the terms of those respective 

6 compacts. 

7 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 

8 may allocate funds to the Susquehanna River Basin Com9 mission, Delaware River Basin Commission, and the 

10 Interstate Commission on the Potomac River Basin (Poto11 mac River Basin Compact (Public Law 91–407)) to fulfill 

12 the equitable funding requirements of their respective 

13 interstate compacts. 

14 (c) WATER SUPPLY AND CONSERVATION STOR15 AGE.— 

16 (1) DELAWARE RIVER.—The Secretary shall 

17 enter into an agreement with the Delaware River 

18 Basin Commission to provide temporary water sup19 ply and conservation storage at the Francis E. Wal20 ter Dam, Pennsylvania, during any period in which 

21 the Commission has determined that a drought 

22 warning or drought emergency exists. The agree23 ment shall provide that the cost for any such water 

24 supply and conservation storage shall not exceed the 
264 

HR 2864 PCS 

1 incremental operating costs associated with pro2 viding the storage. 

3 (2) SUSQUEHANNA RIVER.—The Secretary may 

4 enter into an agreement with the Susquehanna River 

5 Basin Commission to provide temporary water sup6 ply and conservation storage at Corps of Engineers 

7 facilities in the Susquehanna River Basin during any 

8 period in which the Commission has determined that 

9 a drought warning or drought emergency exists. The 

10 agreement shall provide that the cost for any such 

11 water supply and conservation storage shall not ex12 ceed the incremental operating costs associated with 

13 providing the storage. 

14 SEC. 5016. CHESAPEAKE BAY ENVIRONMENTAL RESTORA15 TION AND PROTECTION PROGRAM. 

16 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 

17 Water Resources Development Act of 1996 (110 Stat. 

18 3759) is amended by striking ‘‘, and beneficial uses of 

19 dredged material’’ and inserting ‘‘, beneficial uses of 

20 dredged material, and restoration of submerged aquatic 

21 vegetation’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 510(i) of such Act (110 Stat. 3761) is amended by strik24 ing ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’. 
265 

HR 2864 PCS 

1 SEC. 5017. CHESAPEAKE BAY OYSTER RESTORATION. 

2 The second sentence of section 704(b) of the Water 

3 Resources Development Act of 1986 (33 U.S.C. 2263(b)) 

4 is amended by striking ‘‘$20,000,000’’ and inserting 

5 ‘‘$30,000,000’’. 

6 SEC. 5018. HYPOXIA ASSESSMENT. 

7 The Secretary may participate with Federal, State, 

8 and local agencies, non-Federal and nonprofit entities, re9 gional researchers, and other interested parties to assess 

10 hypoxia in the Gulf of Mexico. 

11 SEC. 5019. POTOMAC RIVER WATERSHED ASSESSMENT AND 

12 TRIBUTARY STRATEGY EVALUATION AND 

13 MONITORING PROGRAM. 

14 The Secretary may participate in the Potomac River 

15 Watershed Assessment and Tributary Strategy Evaluation 

16 and Monitoring Program to identify a series of resource 

17 management indicators to accurately monitor the effec18 tiveness of the implementation of the agreed upon tribu19 tary strategies and other public policies that pertain to 

20 natural resource protection of the Potomac River water21 shed. 

22 SEC. 5020. LOCK AND DAM SECURITY. 

23 (a) STANDARDS.—The Secretary, in consultation 

24 with the Federal Emergency Management Agency, the 

25 Tennessee Valley Authority, and the Coast Guard, shall 

26 develop standards for the security of locks and dams, in-
266 

HR 2864 PCS 

1 cluding the testing and certification of vessel exclusion 

2 barriers. 

3 (b) SITE SURVEYS.—At the request of a lock or dam 

4 owner, the Secretary shall provide technical assistance, on 

5 a reimbursible basis, to improve lock or dam security. 

6 (c) COOPERATIVE AGREEMENT.—The Secretary may 

7 enter into a cooperative agreement with a nonprofit alli8 ance of public and private organizations that has the mis9 sion of promoting safe waterways and seaports to carry 

10 out testing and certification activities, and to perform site 

11 surveys, under this section. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $3,000,000 to carry out this 

14 section. 

15 SEC. 5021. REHABILITATION. 

16 The Secretary, at Federal expense and not to exceed 

17 $1,000,000, shall rehabilitate and improve the water-re18 lated infrastructure and the transportation infrastructure 

19 for the historic property in the Anacostia River Watershed 

20 located in the District of Columbia, including measures 

21 to address wet weather conditions. To carry out this sec22 tion, the Secretary shall accept funds provided for such 

23 project under any other Federal program. 
267 

HR 2864 PCS 

1 SEC. 5022. RESEARCH AND DEVELOPMENT PROGRAM FOR 

2 COLUMBIA AND SNAKE RIVER SALMON SUR3 VIVAL. 

4 Section 511 of the Water Resources Development Act 

5 of 1996 (16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 

6 375) is amended— 

7 (1) in subsection (a)(6) by striking 

8 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and 

9 (2) in subsection (c)(2) by striking 

10 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’. 

11 SEC. 5023. WAGE SURVEYS. 

12 Employees of the United States Army Corps of Engi13 neers who are paid wages determined under the last un14 designated paragraph under the heading ‘‘Administrative 

15 Provisions’’ of chapter V of the Supplemental Appropria16 tions Act, 1982 (5 U.S.C. 5343 note; 96 Stat. 832) shall 

17 be allowed, through appropriate employee organization 

18 representatives, to participate in wage surveys under such 

19 paragraph to the same extent as are prevailing rate em20 ployees under subsection (c)(2) of section 5343 of title 5, 

21 United States Code. Nothing in such section 5343 shall 

22 be considered to affect which agencies are to be surveyed 

23 under such paragraph. 

24 SEC. 5024. PINHOOK CREEK, HUNTSVILLE, ALABAMA. 

25 The Secretary shall design and construct the locally 

26 preferred plan for flood protection at Pinhook Creek, 
268 

HR 2864 PCS 

1 Huntsville, Alabama, under the authority of section 205 

2 of the Flood Control Act of 1948 (33 U.S.C. 701s). The 

3 Secretary shall allow the non-Federal interest to partici4 pate in the financing of the project in accordance with sec5 tion 903(c) of the Water Resources Development Act of 

6 1986 (100 Stat. 4184) to the extent that the Secretary’s 

7 evaluation indicates that applying such section is nec8 essary to implement the project. 

9 SEC. 5025. TALLAPOOSA, ALABAMA. 

10 The Secretary may provide technical assistance relat11 ing to water supply to the Middle Tallapoosa Water Sup12 ply District, Alabama. There is authorized to be appro13 priated $5,000,000 to carry out this section. 

14 SEC. 5026. ALASKA. 

15 Section 570 of the Water Resources Development Act 

16 of 1999 (113 Stat. 369) is amended— 

17 (1) in subsection (c) by inserting ‘‘environ18 mental restoration,’’ after ‘‘water supply and related 

19 facilities,’’; 

20 (2) in subsection (e)(3)(B) by striking the last 

21 sentence; 

22 (3) in subsection (h) by striking ‘‘$25,000,000’’ 

23 and inserting ‘‘$45,000,000’’; and 

24 (4) by adding at the end the following: 
269 

HR 2864 PCS 

1 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

3 1962d–5b(b)), for any project undertaken under this sec4 tion, a non-Federal interest may include a nonprofit enti5 ty, with the consent of the affected local government. 

6 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

7 of the amounts appropriated to carry out this section may 

8 be used by the Corps of Engineers district offices to ad9 minister projects under this section at 100 percent Fed10 eral expense.’’. 

11 SEC. 5027. BARROW, ALASKA. 

12 The Secretary shall carry out, under section 117 of 

13 the Energy and Water Development Appropriations Act, 

14 2005 (118 Stat. 2944), a nonstructural project for coastal 

15 erosion and storm damage prevention and reduction at 

16 Barrow, Alaska, including relocation of infrastructure. 

17 SEC. 5028. COFFMAN COVE, ALASKA. 

18 The Secretary is authorized to carry out a project for 

19 navigation, Coffman Cove, Alaska, at a total cost of 

20 $3,000,000. 

21 SEC. 5029. FIRE ISLAND, ALASKA. 

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

23 provide planning, design, and construction assistance to 

24 the non-Federal interest for the construction of a cause25 way between Point Campbell and Fire Island, Alaska, in-
270 

HR 2864 PCS 

1 cluding the beneficial use of dredged material in the con2 struction of the causeway. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $5,000,000 to carry out this 

5 section. 

6 SEC. 5030. FORT YUKON, ALASKA. 

7 The Secretary shall make repairs to the dike at Fort 

8 Yukon, Alaska, so that the dike meets Corps of Engineers 

9 standards. 

10 SEC. 5031. KOTZEBUE HARBOR, ALASKA. 

11 The Secretary is authorized to carry out a project for 

12 navigation, Kotzebue Harbor, Kotzebue, Alaska, at at 

13 total cost of $2,200,000. 

14 SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA. 

15 (a) LONG-TERM MAINTENANCE AND REPAIR.—The 

16 Secretary shall assume responsibility for the long-term 

17 maintenance and repair of the Lowell Creek Tunnel. 

18 (b) STUDY.—The Secretary shall conduct a study to 

19 determine whether alternative methods of flood diversion 

20 in Lowell Canyon are feasible. 

21 SEC. 5033. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, 

22 ALASKA. 

23 The Secretary shall carry out, on an emergency basis, 

24 necessary removal of rubble, sediment, and rock impeding 
271 

HR 2864 PCS 

1 the entrance to the St. Herman and St. Paul Harbors, 

2 Kodiak, Alaska, at a Federal cost of $2,000,000. 

3 SEC. 5034. TANANA RIVER, ALASKA. 

4 The Secretary shall carry out, on an emergency basis, 

5 the removal of the hazard to navigation on the Tanana 

6 River, Alaska, near the mouth of the Chena River, as de7 scribed in the January 3, 2005, memorandum from the 

8 Commander, Seventeenth Coast Guard District, to the 

9 Corps of Engineers, Alaska District, Anchorage, Alaska. 

10 SEC. 5035. VALDEZ, ALASKA. 

11 The Secretary is authorized to construct a small boat 

12 harbor in Valdez, Alaska, at a total cost of $20,000,000, 

13 with an estimated Federal cost of $10,500,000 and an es14 timated non-Federal cost of $9,500,000. 

15 SEC. 5036. WHITTIER, ALASKA. 

16 (a) STUDY.—The Secretary shall conduct, at Federal 

17 expense, a study to determine the feasibility of carrying 

18 out projects for navigation at Whittier, Alaska, to con19 struct a new boat harbor at the head of Whittier Bay and 

20 to expand the existing harbor and, if the Secretary deter21 mines that a project is feasible, the Secretary may carry 

22 out the project. 

23 (b) NON-FEDERAL COST SHARE.—The non-Federal 

24 interest may use, and the Secretary shall accept, funds 

25 provided under any other Federal program to satisfy, in 
272 

HR 2864 PCS 

1 whole or in part, the non-Federal share of the construction 

2 of any project carried out under this section if such funds 

3 are authorized to be used to carry out such project. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $35,200,000. 

7 SEC. 5037. WRANGELL HARBOR, ALASKA. 

8 (a) GENERAL NAVIGATION FEATURES.—In carrying 

9 out the project for navigation, Wrangell Harbor, Alaska, 

10 authorized by section 101(b)(1) of the Water Resources 

11 Development Act of 1999 (113 Stat. 279), the Secretary 

12 shall consider the dredging of the mooring basin and con13 struction of the inner harbor facilities to be general navi14 gation features for purposes of estimating the non-Federal 

15 share of project costs. 

16 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 

17 Secretary shall revise the partnership agreement for the 

18 project to reflect the change required by subsection (a). 

19 SEC. 5038. AUGUSTA AND CLARENDON, ARKANSAS. 

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

21 perform operation, maintenance, and rehabilitation of au22 thorized and completed levees on the White River between 

23 Augusta and Clarendon, Arkansas. 

24 (b) REIMBURSEMENT.—After performing the oper25 ation, maintenance, and rehabilitation under subsection 
273 

HR 2864 PCS 

1 (a), the Secretary shall seek reimbursement from the Sec2 retary of the Interior of an amount equal to the costs allo3 cated to benefits to a Federal wildlife refuge of such oper4 ation, maintenance, and rehabilitation. 

5 SEC. 5039. DES ARC LEVEE PROTECTION, ARKANSAS. 

6 The Secretary shall review the project for flood con7 trol, Des Arc, Arkansas, to determine whether bank and 

8 channel scour along the White River threaten the existing 

9 project and whether the scour is as a result of a design 

10 deficiency. If the Secretary determines that such condi11 tions exist as a result of a deficiency, the Secretary shall 

12 carry out measures to eliminate the deficiency. 

13 SEC. 5040. LOOMIS LANDING, ARKANSAS. 

14 The Secretary shall conduct a study of shore damage 

15 in the vicinity of Loomis Landing, Arkansas, to determine 

16 if the damage is the result of a Federal navigation project, 

17 and, if the Secretary determines that the damage is the 

18 result of a Federal navigation project, the Secretary shall 

19 carry out a project to mitigate the damage under section 

20 111 of the River and Harbor Act of 1968 (33 U.S.C. 

21 426i). 

22 SEC. 5041. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS23 SOURI. 

24 The Secretary shall conduct a study of increased sil25 tation and streambank erosion in the St. Francis River 
274 

HR 2864 PCS 

1 Basin, Arkansas and Missouri, to determine if the siltation 

2 or erosion, or both, are the result of a Federal flood con3 trol project and, if the Secretary determines that the silta4 tion or erosion, or both, are the result of a Federal flood 

5 control project, the Secretary shall carry out a project to 

6 mitigate the siltation or erosion, or both. 

7 SEC. 5042. WHITE RIVER BASIN, ARKANSAS. 

8 (a) MINIMUM FLOWS.— 

9 (1) IN GENERAL.—In carrying out section 304 

10 of the Water Resources Development Act of 2000 

11 (114 Stat. 2601), the Secretary shall implement al12 ternatives BS–3 and NF–7, as described in the 

13 White River Minimum Flows Reallocation Study Re14 port, Arkansas and Missouri, dated July 2004. 

15 (2) COST SHARING.—Reallocation of storage 

16 and installation of facilities under this subsection 

17 shall be considered fish and wildlife enhancement 

18 that provides national benefits and shall be a Fed19 eral expense in accordance with section 906(e)(1) of 

20 the Water Resources Development Act of 1986 (33 

21 U.S.C. 2283(e)(1)). 

22 (3) OFFSET.—In carrying out this subsection, 

23 losses to hydropower shall be offset by a reduction, 

24 not to exceed $17,000,000, in the costs allocated to 

25 hydropower, as determined by the present value of 
275 

HR 2864 PCS 

1 the estimated replacement cost of the electrical en2 ergy and capacity at the time of the implementation. 

3 (b) FISH HATCHERY.—In operating the fish hatchery 

4 at Beaver Lake, Arkansas, authorized by section 105 of 

5 the Water Resources Development Act of 1976 (90 Stat. 

6 2921), losses to hydropower shall be offset by a reduction, 

7 not to exceed $2,200,000, in the costs allocated to hydro8 power, as determined by the present value of the estimated 

9 replacement cost of the electrical energy and capacity at 

10 the time of the implementation. 

11 (c) REPEAL.—Section 374 of the Water Resources 

12 Development Act of 1999 (113 Stat. 321) is repealed. 

13 SEC. 5043. CAMBRIA, CALIFORNIA. 

14 Section 219(f)(48) of the Water Resources Develop15 ment Act of 1992 (114 Stat. 2763A–220) is amended— 

16 (1) by striking ‘‘$10,300,000’’ and inserting the 

17 following: 

18 ‘‘(A) IN GENERAL.—$10,300,000’’; 

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

20 ‘‘(B) CREDIT.—The Secretary shall credit 

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

22 project not to exceed $3,000,000 for the cost of 

23 planning and design work carried out by the 

24 non-Federal interest before the date of the 

25 partnership agreement for the project if the 
276 

HR 2864 PCS 

1 Secretary determines that the work is integral 

2 to the project.’’; and 

3 (3) by aligning the remainder of the text of 

4 subparagraph (A) (as designated by paragraph (1) 

5 of this section) with subparagraph (B) (as added by 

6 paragraph (2) of this section). 

7 SEC. 5044. CONTRA COSTA CANAL, OAKLEY AND 

8 KNIGHTSEN, CALIFORNIA; MALLARD 

9 SLOUGH, PITTSBURG, CALIFORNIA. 

10 Sections 512 and 514 of the Water Resources Devel11 opment Act of 2000 (114 Stat. 2650) are each amended 

12 by adding at the end the following: ‘‘All planning, study, 

13 design, and construction on the project shall be carried 

14 out by the office of the district engineer, San Francisco, 

15 California.’’. 

16 SEC. 5045. DANA POINT HARBOR, CALIFORNIA. 

17 The Secretary shall conduct a study of the causes of 

18 water quality degradation within Dana Point Harbor, 

19 California, to determine if the degradation is the result 

20 of a Federal navigation project, and, if the Secretary de21 termines that the degradation is the result of a Federal 

22 navigation project, the Secretary shall carry out a project 

23 to mitigate the degradation at Federal expense. 
277 

HR 2864 PCS 

1 SEC. 5046. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 

2 Section 219(f)(22) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 336) is amended— 

4 (1) by striking ‘‘$25,000,000’’ and inserting the 

5 following: 

6 ‘‘(A) IN GENERAL.—$25,000,000’’; 

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 (i) the cost of design and construction 

11 work carried out by the non-Federal interest 

12 before, on, or after the date of the partnership 

13 agreement for the project if the Secretary de14 termines that the work is integral to the 

15 project; and (ii) the cost of provided for the 

16 project by the non-Federal interest. 

17 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non18 Federal interest may provide any portion of the 

19 non-Federal share of the cost of the project in 

20 the form of in-kind services and materials.’’; 

21 and 

22 (3) by aligning the remainder of the text of 

23 subparagraph (A) (as designated by paragraph (1) 

24 of this section) with subparagraph (B) (as added by 

25 paragraph (2) of this section). 
278 

HR 2864 PCS 

1 SEC. 5047. EASTERN SANTA CLARA BASIN, CALIFORNIA. 

2 Section 111(c) of the Miscellaneous Appropriations 

3 Act, 2001 (as enacted into law by Public Law 106–554; 

4 114 Stat. 2763A-224) is amended— 

5 (1) by striking ‘‘$25,000,000’’ and inserting 

6 ‘‘$28,000,000’’; and 

7 (2) by striking ‘‘$7,000,000’’ and inserting 

8 ‘‘$10,000,000’’. 

9 SEC. 5048. LA–3 DREDGED MATERIAL OCEAN DISPOSAL 

10 SITE DESIGNATION, CALIFORNIA. 

11 The third sentence of section 102(c)(4) of the Marine 

12 Protection, Research, and Sanctuaries Act of 1972 (33 

13 U.S.C. 1412(c)(4)) is amended by striking ‘‘January 1, 

14 2003’’ and inserting ‘‘January 1, 2007’’. 

15 SEC. 5049. LANCASTER, CALIFORNIA. 

16 Section 219(f)(50) of the Water Resources Develop17 ment Act of 1992 (114 Stat. 2763A-220) is amended— 

18 (1) by inserting after ‘‘water’’ the following: 

19 ‘‘and wastewater’’; 

20 (2) by striking ‘‘$14,500,000’’ and inserting 

21 ‘‘$24,500,000’’. 

22 SEC. 5050. ONTARIO AND CHINO, CALIFORNIA. 

23 The Secretary shall carry out a project for flood dam24 age reduction under section 205 of the Flood Control Act 

25 of 1948 (33 U.S.C. 701s), in the vicinity of Ontario and 
279 

HR 2864 PCS 

1 Chino, California, if the Secretary determines that the 

2 project is feasible. 

3 SEC. 5051. PINE FLAT DAM AND RESERVOIR, CALIFORNIA. 

4 (a) IN GENERAL.—The Secretary shall review the 

5 Kings River Fisheries Management Program Framework 

6 Agreement, dated May 29, 1999, among the California 

7 Department of Fish and Game, the Kings River Water 

8 Association, and the Kings River Conservation District 

9 and, if the Secretary determines that the management 

10 program is feasible, the Secretary may participate in the 

11 management program. 

12 (b) PROHIBITION.—Nothing in this section author13 izes any project for the raising of, or the construction of, 

14 a multilevel intake structure at Pine Flat Dam, California. 

15 (c) USE OF EXISTING STUDIES.—In carrying out this 

16 section, the Secretary shall use, to the maximum extent 

17 practicable, studies in existence on the date of enactment 

18 of this Act, including data and environmental documenta19 tion in the Report of the Chief of Engineers, Pine Flat 

20 Dam and Reservoir, Fresno County, California, dated July 

21 19, 2002. 

22 (d) CREDIT.—The Secretary shall credit toward the 

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

24 planning, design, and construction work carried out by the 

25 non-Federal interest before the date of the partnership 
280 

HR 2864 PCS 

1 agreement for the project if the Secretary determines that 

2 the work is integral to the project. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to $20,000,000 to carry out 

5 this section. 

6 SEC. 5052. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND 

7 SAN GABRIEL BASIN, CALIFORNIA. 

8 (a) COMPREHENSIVE PLAN.—The Secretary, in con9 sultation and coordination with appropriate Federal, 

10 State, and local entities, shall develop a comprehensive 

11 plan for the management of water resources in the Ray12 mond Basin, Six Basins, Chino Basin, and San Gabriel 

13 Basin, California. The Secretary may carry out activities 

14 identified in the comprehensive plan to demonstrate prac15 ticable alternatives for water resources management. 

16 (b) NON-FEDERAL SHARE.— 

17 (1) IN GENERAL.—The non-Federal share of 

18 the cost of activities carried out under this section 

19 shall be 35 percent. 

20 (2) CREDIT.—The Secretary shall credit toward 

21 the non-Federal share of the cost of activities car22 ried out under this section the cost of planning, de23 sign, and construction work completed by or on be24 half of the non-Federal interests for implementation 

25 of measures under this section. The amount of such 
281 

HR 2864 PCS 

1 credit shall not exceed the non-Federal share of the 

2 cost of such activities. 

3 (3) OPERATION AND MAINTENANCE.—The non4 Federal share of the cost of operation and mainte5 nance of any measures constructed under this sec6 tion shall be 100 percent. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $5,000,000. 

10 SEC. 5053. SACRAMENTO DEEP WATER SHIP CHANNEL, 

11 CALIFORNIA. 

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

13 transfer title to the Bascule Bridge, deauthorized by sec14 tion 347(a)(2) of the Water Resources Development Act 

15 of 2000 (114. Stat. 2618), to the city of West Sacramento, 

16 California, subject to the execution of an agreement by 

17 the Secretary and the city which specifies the terms and 

18 conditions for such transfer. The terms and conditions of 

19 the transfer shall include a provision authorizing the Sec20 retary to participate in the construction of a replacement 

21 bridge following the removal of the Bascule Bridge. 

22 (b) AUTHORIZATION OF APPROPRIATION.—There is 

23 authorized to be appropriated $5,000,000 for the Sec24 retary to participate in the construction of a replacement 

25 bridge under this section. 
282 

HR 2864 PCS 

1 SEC. 5054. SAN FRANCISCO, CALIFORNIA. 

2 (a) IN GENERAL.—The Secretary, in cooperation 

3 with the Port of San Francisco, California, may carry out 

4 the project for repair and removal, as appropriate, of Piers 

5 35, 36, and 80 in San Francisco, California, substantially 

6 in accordance with the Port’s redevelopment plan. 

7 (b) AUTHORIZATION OF APPROPRIATION.—There is 

8 authorized to be appropriated $20,000,000 to carry out 

9 this subsection. 

10 SEC. 5055. SAN FRANCISCO, CALIFORNIA, WATERFRONT 

11 AREA. 

12 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB13 LIC INTEREST.—Unless the Secretary finds, after con14 sultation with local and regional public officials (including 

15 local and regional public planning organizations), that the 

16 proposed projects to be undertaken within the boundaries 

17 of the portion of the San Francisco, California, waterfront 

18 area described in subsection (b) are not in the public inter19 est, such portion is declared to be nonnavigable waters of 

20 the United States. 

21 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

22 STREET.—The portion of the San Francisco, California, 

23 waterfront area referred to in subsection (a) is as follows: 

24 Beginning at the intersection of the northeasterly prolon25 gation of that portion of the northwesterly line of Bryant 

26 Street lying between Beale Street and Main Street with 
283 

HR 2864 PCS 

1 the southwesterly line of Spear Street, which intersection 

2 lies on the line of jurisdiction of the San Francisco Port 

3 Commission; following thence southerly along said line of 

4 jurisdiction as described in the State of California Harbor 

5 and Navigation Code Section 1770, as amended in 1961, 

6 to its intersection with the easterly line of Townsend 

7 Street along a line that is parallel and distant 10 feet dis8 tant from the existing southern boundary of Pier 40 pro9 duced to its point of intersection with the United States 

10 Government pier-head line; thence northerly along said 

11 pier-head line to its intersection with a line parallel with, 

12 and distant 10 feet easterly from, the existing easterly 

13 boundary line of Pier 30–32; thence northerly along said 

14 parallel line and its northerly prolongation, to a point of 

15 intersection with a line parallel with, and distant 10 feet 

16 northerly from, the existing northerly boundary of Pier 

17 30–32, thence westerly along last said parallel line to its 

18 intersection with the United States Government pier-head 

19 line; to the northwesterly line of Bryant Street produced 

20 northwesterly; thence southwesterly along said northwest21 erly line of Bryant Street produced to the point of begin22 ning. 

23 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 

24 declaration of nonnavigability under subsection (a) applies 

25 only to those parts of the area described in subsection (b) 
284 

HR 2864 PCS 

1 that are or will be bulkheaded, filled, or otherwise occupied 

2 by permanent structures and does not affect the applica3 bility of any Federal statute or regulation applicable to 

4 such parts the day before the date of enactment of this 

5 Act, including sections 9 and 10 of the Act of March 3, 

6 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly 

7 known as the Rivers and Harbors Appropriation Act of 

8 1899, section 404 of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1344), and the National Environmental 

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

11 (d) EXPIRATION DATE.—If, 20 years from the date 

12 of enactment of this Act, any area or part thereof de13 scribed in subsection (b) is not bulkheaded or filled or oc14 cupied by permanent structures, including marina facili15 ties, in accordance with the requirements set out in sub16 section (c), or if work in connection with any activity per17 mitted in subsection (c) is not commenced within 5 years 

18 after issuance of such permits, then the declaration of 

19 nonnavigability for such area or part thereof shall expire. 

20 SEC. 5056. SAN PABLO BAY, CALIFORNIA, WATERSHED AND 

21 SUISUN MARSH ECOSYSTEM RESTORATION. 

22 (a) SAN PABLO BAY WATERSHED, CALIFORNIA.— 

23 (1) IN GENERAL.—The Secretary shall complete 

24 work, as expeditiously as possible, on the ongoing 

25 San Pablo Bay watershed, California, study to deter-
285 

HR 2864 PCS 

1 mine the feasibility of opportunities for restoring, 

2 preserving and protecting the San Pablo Bay water3 shed. 

4 (2) REPORT.—Not later than March 31, 2008, 

5 the Secretary shall submit to Congress a report on 

6 the results of the study. 

7 (b) SUISUN MARSH, CALIFORNIA.—The Secretary 

8 shall conduct a comprehensive study to determine the fea9 sibility of opportunities for restoring, preserving and pro10 tecting the Suisun Marsh, California. 

11 (c) SAN PABLO AND SUISUN BAY MARSH WATER12 SHED CRITICAL RESTORATION PROJECTS.— 

13 (1) IN GENERAL.—The Secretary may partici14 pate in critical restoration projects that will produce, 

15 consistent with Federal programs, projects, and ac16 tivities, immediate and substantial ecosystem res17 toration, preservation, and protection benefits in the 

18 following sub-watersheds of the San Pablo and 

19 Suisun Bay Marsh watersheds: 

20 (A) The tidal areas of the Petaluma River, 

21 Napa-Sonoma Marsh. 

22 (B) The shoreline of West Contra Costa 

23 County. 

24 (C) Novato Creek. 

25 (D) Suisun Marsh. 
286 

HR 2864 PCS 

1 (E) Gallinas-Miller Creek. 

2 (2) TYPES OF ASSISTANCE.—Participation in 

3 critical restoration projects under this subsection 

4 may include assistance for planning, design, or con5 struction. 

6 (d) NON-FEDERAL INTERESTS.—Notwithstanding 

7 the requirements of section 221 of the Flood Control Act 

8 of 1970 (42 U.S.C. 1962d-5b), a nonprofit entity may 

9 serve, with the consent of the affected local government, 

10 as a non-Federal interest for a project undertaken under 

11 this section. 

12 (e) COST SHARING.—Before carrying out any project 

13 under this section, the Secretary shall enter into a part14 nership agreement with the non-Federal interest that shall 

15 require the non-Federal interest— 

16 (1) to pay 35 percent of the cost of construc17 tion for the project; 

18 (2) to provide any lands, easements, rights-of19 way, dredged material disposal areas, and reloca20 tions necessary to carry out the project; and 

21 (3) to pay 100 percent of the operation, mainte22 nance, repair, replacement, and rehabilitation costs 

23 associated with the project. 
287 

HR 2864 PCS 

1 (f) CREDIT.—The Secretary shall credit toward the 

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

3 under this section— 

4 (1) the value of any lands, easements, rights-of5 way, dredged material disposal areas, or relocations 

6 provided by the non-Federal interest for carrying out 

7 the project, regardless of the date of acquisition; 

8 (2) funds received from the CALFED Bay9 Delta program; and 

10 (3) the cost of the studies, design, and con11 struction work carried out by the non-Federal inter12 est before the date of execution of a partnership 

13 agreement for the project if the Secretary deter14 mines that the work is integral to the project. 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $40,000,000. 

18 SEC. 5057. SANTA VENETIA, CALIFORNIA. 

19 (a) IN GENERAL.—The Secretary shall carry out a 

20 project for flood damage reduction under section 205 of 

21 the Flood Control Act of 1958 (33 U.S.C. 701s), Santa 

22 Venetia, California, if the Secretary determines that the 

23 project is feasible. 

24 (b) PROJECT FINANCING.—In carrying out the 

25 project under this section, the Secretary shall allow the 
288 

HR 2864 PCS 

1 non-Federal interests to participate in the financing of the 

2 project in accordance with section 903(c) of the Water Re3 sources Development Act of 1986 (100 Stat. 4184), to the 

4 extent that the Secretary’s evaluation indicates that apply5 ing such section is necessary to implement the project. 

6 SEC. 5058. STOCKTON, CALIFORNIA. 

7 (a) REEVALUATION.—The Secretary shall reevaluate 

8 the feasibility of the Lower Mosher Slough element and 

9 the levee extensions on the Upper Calaveras River element 

10 of the project for flood control, Stockton Metropolitan 

11 Area, California, carried out under section 211(f)(3) of the 

12 Water Resources Development Act of 1996 (110 Stat. 

13 3683), to determine the eligibility of such elements for re14 imbursement under section 211 of such Act (33 U.S.C. 

15 701b–13). 

16 (b) SPECIAL RULES FOR REEVALUATION.—In con17 ducting the reevaluation under subsection (a), the Sec18 retary shall not reject a feasibility determination based on 

19 one or more of the policies of the Corps of Engineers con20 cerning the frequency of flooding, the drainage area, and 

21 the amount of runoff. 

22 (c) REIMBURSEMENT.—If the Secretary determines 

23 that the elements referred to subsection (a) are feasible, 

24 the Secretary shall reimburse, subject to appropriations, 

25 the non-Federal interest under section 211 of the Water 
289 

HR 2864 PCS 

1 Resources Development Act of 1996 for the Federal share 

2 of the cost of such elements. 

3 SEC. 5059. VICTOR V. VEYSEY DAM, CALIFORNIA. 

4 (a) DESIGNATION.—The Prado Dam, authorized by 

5 the Flood Control Act of 1936 (49 Stat. 1570), shall be 

6 known and designated as the ‘‘Victor V. Veysey Dam’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the dam referred to in subsection (a) shall be 

10 deemed to be a reference to the ‘‘Victor V. Veysey Dam’’. 

11 SEC. 5060. WHITTIER, CALIFORNIA. 

12 The Secretary shall carry out a project for flood dam13 age reduction under section 205 of the Flood Control Act 

14 of 1948 (33 U.S.C. 701s) in the vicinity of Whittier, Cali15 fornia, if the Secretary determines that the project is fea16 sible. 

17 SEC. 5061. CHARLES HERVEY TOWNSHEND BREAKWATER, 

18 NEW HAVEN HARBOR, CONNECTICUT. 

19 (a) DESIGNATION.—The western breakwater for the 

20 project for navigation, New Haven Harbor, Connecticut, 

21 authorized by the first section of the Act of September 

22 19, 1890 (26 Stat. 426), shall be known and designated 

23 as the ‘‘Charles Hervey Townshend Breakwater’’. 

24 (b) REFERENCES.—Any reference in a law, map, reg25 ulation, document, paper, or other record of the United 
290 

HR 2864 PCS 

1 States to the breakwater referred to in subsection (a) shall 

2 be deemed to be a reference to the ‘‘Charles Hervey 

3 Townshend Breakwater’’. 

4 SEC. 5062. CHRISTINA RIVER SHIPWRECK, DELAWARE. 

5 The Secretary may carry out the removal of the de6 bris associated with the steamship ‘‘STATE OF PENN7 SYLVANIA’’ and other derelict vessels from the Christina 

8 River, Delaware, under section 202 of the Water Re9 sources Development Act of 1976 (90 Stat. 2945). 

10 SEC. 5063. ANACOSTIA RIVER, DISTRICT OF COLUMBIA, 

11 MARYLAND, AND VIRGINIA. 

12 (a) COMPREHENSIVE ACTION PLAN.—Not later than 

13 1 year after the date of enactment of this Act, the Sec14 retary, in coordination with the Mayor of the District of 

15 Columbia, the Governor of Maryland, the Governor of Vir16 ginia, the County Executives of Montgomery County and 

17 Prince George’s County, Maryland, and other interested 

18 persons, shall develop a 10-year comprehensive action plan 

19 for the restoration and protection of the ecological integ20 rity of the Anacostia River and its tributaries. 

21 (b) PUBLIC AVAILABILITY.—Upon completion of the 

22 plan, the Secretary shall make the plan available to the 

23 public. 
291 

HR 2864 PCS 

1 SEC. 5064. FLORIDA KEYS WATER QUALITY IMPROVE2 MENTS. 

3 Section 109 of the Miscellaneous Appropriations Act, 

4 2001 (enacted into law by Public Law 106–554) (114 

5 Stat. 2763A–222) is amended— 

6 (1) by adding at the end of subsection (e)(2) 

7 the following: 

8 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU9 TION OF THE PARTNERSHIP AGREEMENT.—The 

10 Secretary shall credit toward the non-Federal 

11 share of the cost of the project (i) the cost of 

12 construction work carried out by the non-Fed13 eral interest before the date of the partnership 

14 agreement for the project if the Secretary de15 termines that the work is integral to the 

16 project; and (ii) the cost of land acquisition car17 ried out by the non-Federal interest for projects 

18 to be carried out under this section.’’; and 

19 (2) in subsection (f) by striking 

20 ‘‘$100,000,000’’ and inserting ‘‘$100,000,000, of 

21 which not more than $15,000,000 may be used to 

22 provide planning, design, and construction assistance 

23 to the Florida Keys Aqueduct Authority for a water 

24 treatment plant, Florida City, Florida’’. 
292 

HR 2864 PCS 

1 SEC. 5065. LAKE WORTH, FLORIDA. 

2 The Secretary may carry out necessary repairs for 

3 the Lake Worth bulkhead replacement project, West Palm 

4 Beach, Florida, at an estimated total cost of $9,000,000. 

5 SEC. 5066. LAKE LANIER, GEORGIA. 

6 The Secretary may assist local interests with plan7 ning, design, and construction of facilities at the Lake La8 nier Olympic Center, Georgia, at a total cost of 

9 $5,300,000. 

10 SEC. 5067. RILEY CREEK RECREATION AREA, IDAHO. 

11 The Secretary is authorized to carry out the Riley 

12 Creek Recreation Area Operation Plan of the Albeni Falls 

13 Management Plan, dated October 2001, for the Riley 

14 Creek Recreation Area, Albeni Falls Dam, Bonner Coun15 ty, Idaho. 

16 SEC. 5068. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC17 TION PROJECTS. 

18 (a) IN GENERAL.—The Secretary may participate in 

19 the reconstruction of an eligible flood control project if the 

20 Secretary determines that such reconstruction is not re21 quired as a result of improper operation and maintenance 

22 of the project by the non-Federal interest. 

23 (b) COST SHARING.—The non-Federal share of the 

24 costs for the reconstruction of a flood control project au25 thorized by this section shall be the same non-Federal 

26 share that was applicable to construction of the project. 
293 

HR 2864 PCS 

1 The non-Federal interest shall be responsible for operation 

2 and maintenance and repair of a project for which recon3 struction is undertaken under this section. 

4 (c) RECONSTRUCTION DEFINED.—In this section, 

5 the term ‘‘reconstruction’’, as used with respect to a 

6 project, means addressing major project deficiencies 

7 caused by long-term degradation of the foundation, con8 struction materials, or engineering systems or components 

9 of the project, the results of which render the project at 

10 risk of not performing in compliance with its authorized 

11 project purposes. In addressing such deficiencies, the Sec12 retary may incorporate current design standards and effi13 ciency improvements, including the replacement of obso14 lete mechanical and electrical components at pumping sta15 tions, if such incorporation does not significantly change 

16 the scope, function, and purpose of the project as author17 ized. 

18 (d) ELIGIBLE PROJECTS.—The following flood con19 trol projects are eligible for reconstruction under this sec20 tion: 

21 (1) Clear Creek Drainage and Levee District, 

22 Illinois. 

23 (2) Fort Chartres and Ivy Landing Drainage 

24 District, Illinois. 
294 

HR 2864 PCS 

1 (3) Wood River Drainage and Levee District, 

2 Illinois. 

3 (4) Cairo, Illinois Mainline Levee, Cairo, Illi4 nois. 

5 (5) Goose Pond Pump Station, Cairo, Illinois. 

6 (6) Cottonwood Slough Pump Station, Alex7 ander County, Illinois. 

8 (7) 10th and 28th Street Pump Stations, Cairo, 

9 Illinois. 

10 (8) Flood control levee projects in Brookport, 

11 Shawneetown, Old Shawneetown, Golconda, 

12 Rosiclare, Harrisburg, and Reevesville, Illinois. 

13 (e) JUSTIFICATION.—The reconstruction of a project 

14 authorized by this section shall not be considered a sepa15 rable element of the project. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated— 

18 (1) $15,000,000 to carry out the projects de19 scribed in paragraphs (1) through (7) of subsection 

20 (d); and 

21 (2) $15,000,000 to carry out the projects de22 scribed in subsection (d)(8). 

23 Such sums shall remain available until expended. 
295 

HR 2864 PCS 

1 SEC. 5069. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA2 TION. 

3 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec4 tion, the term ‘‘Kaskaskia River Basin’’ means the 

5 Kaskaskia River, Illinois, its backwaters, its side channels, 

6 and all tributaries, including their watersheds, draining 

7 into the Kaskaskia River. 

8 (b) COMPREHENSIVE PLAN.— 

9 (1) DEVELOPMENT.—The Secretary shall de10 velop, as expeditiously as practicable, a comprehen11 sive plan for the purpose of restoring, preserving, 

12 and protecting the Kaskaskia River Basin. 

13 (2) TECHNOLOGIES AND INNOVATIVE AP14 PROACHES.—The comprehensive plan shall provide 

15 for the development of new technologies and innova16 tive approaches— 

17 (A) to enhance the Kaskaskia River as a 

18 transportation corridor; 

19 (B) to improve water quality within the en20 tire Kaskaskia River Basin; 

21 (C) to restore, enhance, and preserve habi22 tat for plants and wildlife; 

23 (D) to ensure aquatic integrity of 

24 sidechannels and backwaters and their 

25 connectivity with the mainstem river; 
296 

HR 2864 PCS 

1 (E) to increase economic opportunity for 

2 agriculture and business communities; and 

3 (F) to reduce the impacts of flooding to 

4 communities and landowners. 

5 (3) SPECIFIC COMPONENTS.—The comprehen6 sive plan shall include such features as are necessary 

7 to provide for— 

8 (A) the development and implementation of 

9 a program for sediment removal technology, 

10 sediment characterization, sediment transport, 

11 and beneficial uses of sediment; 

12 (B) the development and implementation 

13 of a program for the planning, conservation, 

14 evaluation, and construction of measures for 

15 fish and wildlife habitat conservation and reha16 bilitation, and stabilization and enhancement of 

17 land and water resources in the basin; 

18 (C) the development and implementation of 

19 a long-term resource monitoring program; 

20 (D) a conveyance study of the Kaskaskia 

21 River floodplain from Vandalia, Illinois, to 

22 Carlyle Lake to determine the impacts of exist23 ing and future waterfowl improvements on flood 

24 stages, including detailed surveys and mapping 
297 

HR 2864 PCS 

1 information to ensure proper hydraulic and 

2 hydrological analysis; 

3 (E) the development and implementation 

4 of a computerized inventory and analysis sys5 tem; and 

6 (F) the development and implementation 

7 of a systemic plan to reduce flood impacts by 

8 means of ecosystem restoration projects. 

9 (4) CONSULTATION.—The comprehensive plan 

10 shall be developed by the Secretary in consultation 

11 with appropriate Federal agencies, the State of Illi12 nois, and the Kaskaskia River Watershed Associa13 tion. 

14 (5) REPORT TO CONGRESS.—Not later than 2 

15 years after the date of enactment of this Act, the 

16 Secretary shall transmit to Congress a report con17 taining the comprehensive plan. 

18 (6) ADDITIONAL STUDIES AND ANALYSES.— 

19 After transmission of a report under paragraph (5), 

20 the Secretary shall conduct studies and analyses of 

21 projects related to the comprehensive plan that are 

22 appropriate and consistent with this subsection. 

23 (c) GENERAL PROVISIONS.— 

24 (1) WATER QUALITY.—In carrying out activi25 ties under this section, the Secretary’s recommenda-
298 

HR 2864 PCS 

1 tions shall be consistent with applicable State water 

2 quality standards. 

3 (2) PUBLIC PARTICIPATION.—In developing the 

4 comprehensive plan under subsection (b), the Sec5 retary shall implement procedures to facilitate public 

6 participation, including providing advance notice of 

7 meetings, providing adequate opportunity for public 

8 input and comment, maintaining appropriate 

9 records, and making a record of the proceedings of 

10 meetings available for public inspection. 

11 (d) COORDINATION.—The Secretary shall integrate 

12 activities carried out under this section with ongoing Fed13 eral and State programs, projects, and activities, including 

14 the following: 

15 (1) Farm programs of the Department of Agri16 culture. 

17 (2) Conservation Reserve Enhancement Pro18 gram (State of Illinois) and Conservation 2000 Eco19 system Program of the Illinois Department of Nat20 ural Resources. 

21 (3) Conservation 2000 Conservation Practices 

22 Program and the Livestock Management Facilities 

23 Act administered by the Illinois Department of Agri24 culture. 
299 

HR 2864 PCS 

1 (4) National Buffer Initiative of the Natural 

2 Resources Conservation Service. 

3 (5) Nonpoint source grant program adminis4 tered by the Illinois Environmental Protection Agen5 cy. 

6 (6) Other programs that may be developed by 

7 the State of Illinois or the Federal Government, or 

8 that are carried out by non-profit organizations, to 

9 carry out the objectives of the Kaskaskia River 

10 Basin Comprehensive Plan. 

11 (e) COST SHARING.— 

12 (1) IN GENERAL.—The non-Federal share of 

13 the cost of activities carried out under this section 

14 shall be 35 percent. 

15 (2) IN-KIND SERVICES.—The Secretary may 

16 credit the cost of in-kind services provided by the 

17 non-Federal interest for an activity carried out 

18 under this section toward not more than 80 percent 

19 of the non-Federal share of the cost of the activity. 

20 In-kind services shall include all State funds ex21 pended on programs that accomplish the goals of 

22 this section, as determined by the Secretary. The 

23 programs may include the Kaskaskia River Con24 servation Reserve Program, the Illinois Conservation 

25 2000 Program, the Open Lands Trust Fund, and 
300 

HR 2864 PCS 

1 other appropriate programs carried out in the 

2 Kaskaskia River Basin. 

3 SEC. 5070. FLOODPLAIN MAPPING, LITTLE CALUMET 

4 RIVER, CHICAGO, ILLINOIS. 

5 (a) IN GENERAL.—The Secretary shall provide as6 sistance for a project to develop maps identifying 100- and 

7 500-year flood inundation areas along the Little Calumet 

8 River, Chicago, Illinois. 

9 (b) REQUIREMENTS.—Maps developed under the 

10 project shall include hydrologic and hydraulic information 

11 and shall accurately show the flood inundation of each 

12 property by flood risk in the floodplain. The maps shall 

13 be produced in a high resolution format and shall be made 

14 available to all flood prone areas along the Little Calumet 

15 River, Chicago, Illinois, in an electronic format. 

16 (c) PARTICIPATION OF FEMA.—The Secretary and 

17 the non-Federal interests for the project shall work with 

18 the Director of the Federal Emergency Management 

19 Agency to ensure the validity of the maps developed under 

20 the project for flood insurance purposes. 

21 (d) FORMS OF ASSISTANCE.—In carrying out the 

22 project, the Secretary may enter into contracts or coopera23 tive agreements with the non-Federal interests or provide 

24 reimbursements of project costs. 
301 

HR 2864 PCS 

1 (e) FEDERAL SHARE.—The Federal share of the cost 

2 of the project shall be 50 percent. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $2,000,000. 

6 SEC. 5071. NATALIE CREEK, MIDLOTHIAN AND OAK FOR7 EST, ILLINOIS. 

8 The Secretary shall carry out a project for flood dam9 age reduction under section 205 of the Flood Control Act 

10 of 1948 (33 U.S.C. 701s), Natalie Creek, Midlothian and 

11 Oak Forest, Illinois, if the Secretary determines that the 

12 project is feasible. 

13 SEC. 5072. ILLINOIS RIVER BASIN RESTORATION. 

14 (a) EXTENSION OF AUTHORIZATION.—Section 

15 519(c)(2) of the Water Resources Development Act of 

16 2000 (114 Stat. 2654) is amended by striking ‘‘2004’’ and 

17 inserting ‘‘2010’’. 

18 (b) IN-KIND SERVICES.—Section 519(g)(3) of such 

19 Act (114 Stat. 2655) is amended by inserting before the 

20 period at the end of the first sentence ‘‘if such services 

21 are provided not more than 5 years before the date of initi22 ation of the project or activity’’. 

23 (c) NONPROFIT ENTITIES AND MONITORING.—Sec24 tion 519 of such Act (114 Stat. 2654) is amended by add25 ing at the end the following: 
302 

HR 2864 PCS 

1 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

3 1962d–5b(b)), a non-Federal interest may include a non4 profit entity with the consent of the affected local govern5 ment. 

6 ‘‘(i) MONITORING.—The Secretary shall develop an 

7 Illinois river basin monitoring program to support the plan 

8 referred to in subsection (b). Data collected under the 

9 monitoring program shall incorporate data provided by the 

10 State of Illinois and shall be publicly accessible through 

11 electronic means.’’. 

12 SEC. 5073. PROMONTORY POINT, LAKE MICHIGAN, ILLI13 NOIS. 

14 In carrying out the project for storm damage reduc15 tion and shoreline erosion protection, Lake Michigan, au16 thorized by section 101(a)(12) of the Water Resources De17 velopment Act of 1996 (110 Stat. 3664), the Secretary 

18 shall reconstruct the Promontory Point section consistent 

19 with the original limestone step design. Additional costs 

20 associated with such reconstruction shall be a non-Federal 

21 responsibility. The costs of reconstruction not consistent 

22 with the original limestone step design shall be a non-Fed23 eral responsibility. 
303 

HR 2864 PCS 

1 SEC. 5074. SOUTHWEST ILLINOIS. 

2 (a) SOUTHWEST ILLINOIS DEFINED.—In this sec3 tion, the term ‘‘Southwest Illinois’’ means the counties of 

4 Madison, St. Clair, Monroe, Randolph, Perry, Franklin, 

5 Jackson, Union, Alexander, Pulaski, and Williamson, Illi6 nois. 

7 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

8 may establish a program to provide environmental assist9 ance to non-Federal interests in Southwest Illinois. 

10 (c) FORM OF ASSISTANCE.—Assistance under this 

11 section may be in the form of design and construction as12 sistance for water-related environmental infrastructure 

13 and resource protection and development projects in 

14 Southwest Illinois, including projects for wastewater treat15 ment and related facilities, water supply and related facili16 ties, and surface water resource protection and develop17 ment. 

18 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

19 provide assistance for a project under this section only if 

20 the project is publicly owned. 

21 (e) PARTNERSHIP AGREEMENTS.— 

22 (1) IN GENERAL.—Before providing assistance 

23 under this section, the Secretary shall enter into a 

24 partnership agreement with a non-Federal interest 

25 to provide for design and construction of the project 

26 to be carried out with the assistance. 
304 

HR 2864 PCS 

1 (2) REQUIREMENTS.—Each partnership agree2 ment entered into under this subsection shall provide 

3 for the following: 

4 (A) PLAN.—Development by the Secretary, 

5 in consultation with appropriate Federal and 

6 State officials, of a facilities or resource protec7 tion and development plan, including appro8 priate engineering plans and specifications. 

9 (B) LEGAL AND INSTITUTIONAL STRUC10 TURES.—Establishment of such legal and insti11 tutional structures as are necessary to ensure 

12 the effective long-term operation of the project 

13 by the non-Federal interest. 

14 (3) COST SHARING.— 

15 (A) IN GENERAL.—The Federal share of 

16 the project costs under each partnership agree17 ment entered into under this subsection shall be 

18 75 percent. The Federal share may be in the 

19 form of grants or reimbursements of project 

20 costs. 

21 (B) CREDIT FOR WORK.—The non-Federal 

22 interests shall receive credit for the reasonable 

23 cost of design work on a project completed by 

24 the non-Federal interest before entering into a 
305 

HR 2864 PCS 

1 partnership agreement with the Secretary for 

2 such project. 

3 (C) CREDIT FOR INTEREST.—In case of a 

4 delay in the funding of the non-Federal share 

5 of a project that is the subject of an agreement 

6 under this section, the non-Federal interest 

7 shall receive credit for reasonable interest in8 curred in providing the non-Federal share of 

9 the project’s costs. 

10 (D) LAND, EASEMENTS, AND RIGHTS-OF11 WAY CREDIT.—The non-Federal interest shall 

12 receive credit for land, easements, rights-of13 way, and relocations toward the non-Federal 

14 share of project costs (including all reasonable 

15 costs associated with obtaining permits nec16 essary for the construction, operation, and 

17 maintenance of the project on publicly owned or 

18 controlled land), but not to exceed 25 percent 

19 of total project costs. 

20 (E) OPERATION AND MAINTENANCE.—The 

21 non-Federal share of operation and mainte22 nance costs for projects constructed with assist23 ance provided under this section shall be 100 

24 percent. 
306 

HR 2864 PCS 

1 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section waives, limits, or other3 wise affects the applicability of any provision of Federal 

4 or State law that would otherwise apply to a project to 

5 be carried out with assistance provided under this section. 

6 (g) NONPROFIT ENTITIES.—Notwithstanding section 

7 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

8 1962d-5b(b)), for any project undertaken under this sec9 tion, a non-Federal interest may include a nonprofit enti10 ty. 

11 (h) 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 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $40,000,000. Such sums shall remain available until ex19 pended. 

20 SEC. 5075. BURNS WATERWAY HARBOR, INDIANA. 

21 The Secretary shall conduct a study of shoaling in 

22 the vicinity of Burns Waterway Harbor, Indiana, to deter23 mine if the shoaling is the result of a Federal navigation 

24 project, and, if the Secretary determines that the shoaling 

25 is the result of a Federal navigation project, the Secretary 
307 

HR 2864 PCS 

1 shall carry out a project to mitigate the shoaling under 

2 section 111 of the River and Harbor Act of 1968 (33 

3 U.S.C. 426). 

4 SEC. 5076. CALUMET REGION, INDIANA. 

5 Section 219(f)(12) of the Water Resources Develop6 ment Act of 1992 (113 Stat. 335; 117 Stat. 1843) is 

7 amended— 

8 (1) by striking ‘‘$30,000,000’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—$30,000,000’’; 

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

12 ‘‘(B) CREDIT.—The Secretary shall credit 

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

14 project the cost of planning and design work 

15 carried out by the non-Federal interest before, 

16 on, or after the date of the partnership agree17 ment for the project if the Secretary determines 

18 that the work is integral to the project.’’; and 

19 (3) by aligning the remainder of the text of 

20 subparagraph (A) (as designated by paragraph (1) 

21 of this section) with subparagraph (B) (as added by 

22 paragraph (2) of this section). 

23 SEC. 5077. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA. 

24 (a) IN GENERAL.—The Secretary shall provide as25 sistance for a project to develop maps identifying 100- and 
308 

HR 2864 PCS 

1 500-year flood inundation areas in the State of Iowa, 

2 along the Missouri River. 

3 (b) REQUIREMENTS.—Maps developed under the 

4 project shall include hydrologic and hydraulic information 

5 and shall accurately portray the flood hazard areas in the 

6 floodplain. The maps shall be produced in a high resolu7 tion format and shall be made available to the State of 

8 Iowa in an electronic format. 

9 (c) PARTICIPATION OF FEMA.—The Secretary and 

10 the non-Federal interests for the project shall work with 

11 the Director of the Federal Emergency Management 

12 Agency to ensure the validity of the maps developed under 

13 the project for flood insurance purposes. 

14 (d) FORMS OF ASSISTANCE.—In carrying out the 

15 project, the Secretary may enter into contracts or coopera16 tive agreements with the non-Federal interests or provide 

17 reimbursements of project costs. 

18 (e) FEDERAL SHARE.—The Federal share of the cost 

19 of the project shall be 50 percent. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $3,000,000. 

23 SEC. 5078. RATHBUN LAKE, IOWA. 

24 (a) CONVEYANCE.—The Secretary shall convey the 

25 remaining water supply storage allocation in Rathbun 
309 

HR 2864 PCS 

1 Lake, Iowa, to the Rathbun Regional Water Association 

2 (in this section referred to as the ‘‘Water Association’’). 

3 (b) COST SHARING.—Notwithstanding the Water 

4 Supply Act of 1958 (43 U.S.C. 390b), the Water Associa5 tion shall pay 100 percent of the cost of the water supply 

6 storage allocation to be conveyed under subsection (a). 

7 The Secretary shall credit toward such non-Federal share 

8 the cost of any structures and facilities constructed by the 

9 Water Association at the project. 

10 (c) TERMS AND CONDITIONS.—Before conveying the 

11 water supply storage allocation under subsection (a), the 

12 Secretary shall enter into an agreement with the Water 

13 Association, under which the Water Association shall 

14 agree to— 

15 (1) in accordance with designs approved by the 

16 Chief of Engineers, construct structures and facili17 ties referred to in subsection (b) that have a value 

18 equal to or greater than the amount that otherwise 

19 would be paid to the Federal Government for the 

20 costs of the water supply storage under the Water 

21 Supply Act of 1958 (43 U.S.C. 390b); 

22 (2) be responsible for operating and maintain23 ing the structures and facilities; 

24 (3) pay all operation and maintenance costs al25 located to the water supply storage space; 
310 

HR 2864 PCS 

1 (4) use any revenues generated at the struc2 tures and facilities that are above those required to 

3 operate and maintain or improve the complex to un4 dertake, subject to the approval of the Chief of En5 gineers, activities that will improve the quality of the 

6 environment in the Rathbun Lake watershed area; 

7 and 

8 (5) such other terms and conditions as the Sec9 retary considers necessary to protect the interests of 

10 the United States. 

11 SEC. 5079. CUMBERLAND RIVER BASIN, KENTUCKY. 

12 At reservoirs managed by the Secretary above Cum13 berland River mile 385.5 within the Cumberland River 

14 basin, Kentucky, the Secretary shall charge fees associ15 ated with storage and maintenance of water supply that 

16 do not exceed the fees in effect on October 1, 2002. 

17 SEC. 5080. LOUISVILLE, KENTUCKY. 

18 (a) IN GENERAL.—Section 557 of the Water Re19 sources Development Act of 1999 (113 Stat. 353) is 

20 amended— 

21 (1) in the section heading by inserting ‘‘KEN22 TUCKY AND’’ before ‘‘NORTHERN WEST VIR23 GINIA’’; and 

24 (2) by adding at the end the following: 
311 

HR 2864 PCS 

1 ‘‘(4) LOUISVILLE, KENTUCKY.—Report of the 

2 Corps of Engineers entitled ‘Louisville Waterfront 

3 Park, Phase II, Kentucky, Master Plan’, dated July 

4 22, 2002, at a total cost of $32,000,000, with an es5 timated Federal cost of $16,000,000 and an esti6 mated non-Federal cost of $16,000,000.’’. 

7 (b) CONFORMING AMENDMENT.—In the table of con8 tents contained in section 1(b) of such Act strike the item 

9 relating to section 557 and insert the following: 

‘‘Sec. 557. Kentucky and Northern West Virginia.’’. 

10 SEC. 5081. MAYFIELD CREEK AND TRIBUTARIES, KEN11 TUCKY. 

12 The Secretary shall conduct a study of flood damage 

13 along Mayfield Creek and tributaries between Wickliffe 

14 and Mayfield, Kentucky, to determine if the damage is the 

15 result of a Federal flood damage reduction project, and, 

16 if the Secretary determines that the damage is the result 

17 of a Federal flood damage reduction project, the Secretary 

18 shall carry out a project to mitigate the damage at Federal 

19 expense. 

20 SEC. 5082. NORTH FORK, KENTUCKY RIVER, BREATHITT 

21 COUNTY, KENTUCKY. 

22 The Secretary shall rebuild the structure that is im23 peding high water flows on the North Fork of the Ken24 tucky River in Breathitt County, Kentucky, in a manner 

25 that will reduce flood damages at an estimated total cost 
312 

HR 2864 PCS 

1 of $1,800,000. The non-Federal interest shall provide 

2 lands, easements, rights-of-way, relocations, and disposal 

3 areas required for the project. Operation and maintenance 

4 of the rebuilt structure shall be a non-Federal expense. 

5 SEC. 5083. PADUCAH, KENTUCKY. 

6 The Secretary shall complete a feasibility report for 

7 rehabilitation of the project for flood damage reduction, 

8 Paducah, Kentucky, and, if the Secretary determines that 

9 the project is feasible, the Secretary shall carry out the 

10 project at a total cost of $3,000,000. 

11 SEC. 5084. SOUTHERN AND EASTERN KENTUCKY. 

12 Section 531 of the Water Resources Development Act 

13 of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) 

14 is amended by adding the following: 

15 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

16 of the amounts appropriated to carry out this section may 

17 be used by the Corps of Engineers district offices to ad18 minister projects under this section at 100 percent Fed19 eral expense.’’. 

20 SEC. 5085. WINCHESTER, KENTUCKY. 

21 Section 219(c) of the Water Resources Development 

22 Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is 

23 amended by adding at the end the following: 

24 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 

25 infrastructure, Winchester, Kentucky.’’. 
313 

HR 2864 PCS 

1 SEC. 5086. BATON ROUGE, LOUISIANA. 

2 Section 219(f)(21) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 

4 is amended by striking ‘‘$20,000,000’’ and inserting 

5 ‘‘$35,000,000’’. 

6 SEC. 5087. CALCASIEU SHIP CHANNEL, LOUISIANA. 

7 The Secretary shall expedite completion of a dredged 

8 material management plan for the Calcasieu Ship Chan9 nel, Louisiana, and may take interim measures to increase 

10 the capacity of existing disposal areas, or to construct new 

11 confined or beneficial use disposal areas, for the channel. 

12 SEC. 5088. CROSS LAKE, SHREVEPORT, LOUISIANA. 

13 The Secretary may accept from the Department of 

14 the Air Force, and may use, not to exceed $4,500,000 to 

15 assist the city of Shreveport, Louisiana, with its plan to 

16 construct a water intake facility. 

17 SEC. 5089. LAKE PONTCHARTRAIN, LOUISIANA. 

18 For purposes of carrying out section 121 of the Fed19 eral Water Pollution Control Act (33 U.S.C. 1271), the 

20 Lake Pontchartrain, Louisiana, basin stakeholders con21 ference convened by the Environmental Protection Agen22 cy, National Oceanic and Atmospheric Administration, 

23 and United States Geological Survey on February 25, 

24 2002, shall be treated as being a management conference 

25 convened under section 320 of such Act (33 U.S.C. 1330). 
314 

HR 2864 PCS 

1 SEC. 5090. WEST BATON ROUGE PARISH, LOUISIANA. 

2 (a) MODIFICATION OF STUDY.—The study for water3 front and riverine preservation, restoration, and enhance4 ment, Mississippi River, West Baton Rouge Parish, Lou5 isiana, being carried out under Committee Resolution 

6 2570 of the Committee on Transportation and Infrastruc7 ture of the House of Representatives adopted July 23, 

8 1998, is modified— 

9 (1) to add West Feliciana Parish and East 

10 Baton Rouge Parish to the geographic scope of the 

11 study; and 

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

13 non-Federal share the cost of the study and the non14 Federal share of the cost of any project authorized 

15 by law as a result of the study the cost of work car16 ried out by the non-Federal interest before the date 

17 of the partnership agreement for the project if the 

18 Secretary determines that the work is integral to the 

19 study or project, as the case may be. 

20 (b) EXPEDITED CONSIDERATION.—Section 517(5) of 

21 the Water Resources Development Act of 1999 (113 Stat. 

22 345) is amended to read as follows: 

23 ‘‘(5) Mississippi River, West Baton Rouge, 

24 West Feliciana, and East Baton Rouge Parishes, 

25 Louisiana, project for waterfront and riverine pres-
315 

HR 2864 PCS 

1 ervation, restoration, and enhancement modifica2 tions.’’. 

3 SEC. 5091. CHARLESTOWN, MARYLAND. 

4 (a) IN GENERAL.—The Secretary may carry out a 

5 project for nonstructural flood damage reduction and eco6 system restoration at Charlestown, Maryland. 

7 (b) LAND ACQUISITION.—The flood damage reduc8 tion component of the project may include the acquisition 

9 of private property from willing sellers. 

10 (c) JUSTIFICATION.—Any nonstructural flood dam11 age reduction project to be carried out under this section 

12 that will result in the conversion of property to use for 

13 ecosystem restoration and wildlife habitat shall be justified 

14 based on national ecosystem restoration benefits. 

15 (d) USE OF ACQUIRED PROPERTY.—Property ac16 quired under this section shall be maintained in public 

17 ownership for ecosystem restoration and wildlife habitat. 

18 (e) ABILITY TO PAY.—In determining the appro19 priate non-Federal cost share for the project, the Sec20 retary shall determine the ability of Cecil County, Mary21 land, to participate as a cost-sharing non-Federal interest 

22 in accordance with section 103(m) of the Water Resources 

23 Development Act of 1986 (33 U.S.C. 2213(m)). 
316 

HR 2864 PCS 

1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $2,000,000 to carry out this 

3 section. 

4 SEC. 5092. DELMARVA CONSERVATION CORRIDOR, MARY5 LAND AND DELAWARE. 

6 (a) ASSISTANCE.—The Secretary may provide tech7 nical assistance to the Secretary of Agriculture for use in 

8 carrying out the Conservation Corridor Demonstration 

9 Program established under subtitle G of title II of the 

10 Farm Security and Rural Investment Act of 2002 (16 

11 U.S.C. 3801 note; 116 Stat. 275). 

12 (b) COORDINATION AND INTEGRATION.—In carrying 

13 out water resources projects in Maryland and Delaware 

14 on the Delmarva Peninsula, the Secretary shall coordinate 

15 and integrate those projects, to the maximum extent prac16 ticable, with any activities carried out to implement a con17 servation corridor plan approved by the Secretary of Agri18 culture under section 2602 of the Farm Security and 

19 Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 

20 Stat. 275). 

21 SEC. 5093. MASSACHUSETTS DREDGED MATERIAL DIS22 POSAL SITES. 

23 The Secretary may cooperate with Massachusetts in 

24 the management and long-term monitoring of aquatic 

25 dredged material disposal sites within the State, and is 
317 

HR 2864 PCS 

1 authorized to accept funds from the State to carry out 

2 such activities. 

3 SEC. 5094. ONTONAGON HARBOR, MICHIGAN. 

4 The Secretary shall conduct a study of shore damage 

5 in the vicinity of the project for navigation, Ontonagon 

6 Harbor, Ontonagon County, Michigan, authorized by sec7 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 

8 1176, 100 Stat. 4213, 110 Stat. 3730), to determine if 

9 the damage is the result of a Federal navigation project, 

10 and, if the Secretary determines that the damage is the 

11 result of a Federal navigation project, the Secretary shall 

12 carry out a project to mitigate the damage under section 

13 111 of the River and Harbor Act of 1968 (33 U.S.C. 

14 426i). 

15 SEC. 5095. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI16 GAN. 

17 (a) ECOSYSTEM RESTORATION.—The Secretary shall 

18 carry out feasible aquatic ecosystem restoration projects 

19 identified in the comprehensive management plan for St. 

20 Clair River and Lake St. Clair, Michigan, developed under 

21 section 426 of the Water Resources Development Act of 

22 1999 (113 Stat. 326), at a total Federal cost of not to 

23 exceed $5,000,000. 
318 

HR 2864 PCS 

1 (b) PLAN.—Section 426(d) of the Water Resources 

2 Development Act of 1999 (113 Stat. 326) is amended by 

3 striking ‘‘$400,000’’ and inserting ‘‘$475,000’’. 

4 SEC. 5096. CROOKSTON, MINNESOTA. 

5 The Secretary shall conduct a study for a project for 

6 emergency streambank protection along the Red Lake 

7 River in Crookston, Minnesota, and, if the Secretary de8 termines that the project is feasible, the Secretary may 

9 carry out the project under section 14 of the Flood Control 

10 Act of 1946 (33 U.S.C. 701r); except that the maximum 

11 amount of Federal funds that may be expended for the 

12 project shall be $6,500,000. 

13 SEC. 5097. GARRISON AND KATHIO TOWNSHIP, MINNESOTA. 

14 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of 

15 the Water Resources Development Act of 1992 (114 Stat. 

16 2763A–221) is amended— 

17 (1) in the paragraph heading by striking 

18 ‘‘TOWNSHIP’’ and inserting ‘‘TOWNSHIP AND CROW

19 WING AND MILLE LACS COUNTIES’’; 

20 (2) by striking ‘‘$11,000,000’’ and inserting 

21 ‘‘$17,000,000’’; 

22 (3) by inserting ‘‘, Crow Wing County, Mille 

23 Lacs County,’’ after ‘‘Garrison’’; and 

24 (4) by adding at the end the following: ‘‘Such 

25 assistance shall be provided directly to the Garrison- 
319 

HR 2864 PCS 

1 Kathio-West Mille Lacs Lake Sanitary District, 

2 Minnesota.’’. 

3 (b) PROCEDURES.—In carrying out the project au4 thorized by such section 219(f)(61), the Secretary may use 

5 the cost sharing and contracting procedures available to 

6 the Secretary under section 569 of the Water Resources 

7 Development Act of 1999 (113 Stat. 368). 

8 SEC. 5098. MINNEAPOLIS, MINNESOTA. 

9 (a) CONVEYANCE.—The Secretary shall convey to the 

10 city of Minneapolis by quitclaim deed and without consid11 eration all right, title, and interest of the United States 

12 to the property known as the War Department (Fort 

13 Snelling Interceptor) Tunnel in Minneapolis, Minnesota. 

14 (b) APPLICABILITY OF PROPERTY SCREENING PRO15 VISIONS.—Section 2696 of title 10, United States Code, 

16 shall not apply to the conveyance under this section. 

17 SEC. 5099. NORTHEASTERN MINNESOTA. 

18 (a) IN GENERAL.—Section 569 of the Water Re19 sources Development Act of 1999 (113 Stat. 368) is 

20 amended— 

21 (1) in subsection (a) by striking ‘‘Benton, 

22 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 

23 Wadena,’’; 

24 (2) by striking the last sentence of subsection 

25 (e)(3)(B); 
320 

HR 2864 PCS 

1 (3) by striking subsection (g) and inserting the 

2 following: 

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

5 1962d–5b(b)), for any project undertaken under this sec6 tion, a non-Federal interest may include a nonprofit enti7 ty.’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

10 of the amounts appropriated to carry out this section may 

11 be used by the Corps of Engineers district offices to ad12 minister projects under this section at 100 percent Fed13 eral expense.’’. 

14 (b) BIWABIK, MINNESOTA.—The Secretary shall re15 imburse the non-Federal interest for the project for envi16 ronmental infrastructure, Biwabik, Minnesota, carried out 

17 under section 569 of the Water Resources Development 

18 Act of 1999 (113 Stat. 368), for planning, design, and 

19 construction costs that were incurred by the non-Federal 

20 interest with respect to the project before the date of the 

21 partnership agreement for the project and that were in 

22 excess of the non-Federal share of the cost of the project 

23 if the Secretary determines that the costs are appropriate. 
321 

HR 2864 PCS 

1 SEC. 5100. HARRISON, HANCOCK, AND JACKSON COUNTIES, 

2 MISSISSIPPI. 

3 In carrying out projects for the protection, restora4 tion, and creation of aquatic and ecologically related habi5 tats located in Harrison, Hancock, and Jackson Counties, 

6 Mississippi, under section 204 of the Water Resources De7 velopment Act of 1992 (33 U.S.C. 2326), the Secretary 

8 shall accept any portion of the non-Federal share of the 

9 cost of the project in the form of in-kind services and ma10 terials. 

11 SEC. 5101. MISSISSIPPI RIVER, MISSOURI, AND ILLINOIS. 

12 As a part of the operation and maintenance of the 

13 project for the Mississippi River (Regulating Works), be14 tween the Ohio and Missouri Rivers, Missouri and Illinois, 

15 authorized by the first section of an Act entitled ‘‘Making 

16 appropriations for the construction, repair, and preserva17 tion of certain public works on rivers and harbors, and 

18 for other purposes’’, approved June 25, 1910, the Sec19 retary may carry out activities necessary to restore and 

20 protect fish and wildlife habitat in the middle Mississippi 

21 River system. Such activities may include modification of 

22 navigation training structures, modification and creation 

23 of side channels, modification and creation of islands, and 

24 studies and analysis necessary to apply adaptive manage25 ment principles in design of future work. 
322 

HR 2864 PCS 

1 SEC. 5102. ST. LOUIS, MISSOURI. 

2 Section 219(f)(32) of the Water Resources Develop3 ment Act of 1992 (113 Stat. 337) is amended by striking 

4 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’. 

5 SEC. 5103. ACID BROOK, POMPTON LAKES, NEW JERSEY. 

6 The Secretary shall carry out a project for flood dam7 age reduction under section 205 of the Flood Control Act 

8 of 1948 (33 U.S.C. 701s), Acid Brook, Pompton Lakes, 

9 New Jersey, if the Secretary determines that the project 

10 is feasible. 

11 SEC. 5104. HACKENSACK MEADOWLANDS AREA, NEW JER12 SEY. 

13 Section 324 of the Water Resources Development Act 

14 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘design’’ and inserting 

17 ‘‘planning, design,’’; and 

18 (B) by striking ‘‘Hackensack Meadowlands 

19 Development’’ and all that follows through 

20 ‘‘Plan for’’ and inserting ‘‘New Jersey 

21 Meadowlands Commission for the development 

22 of an environmental improvement program for’’; 

23 (2) in subsection (b)— 

24 (A) in the subsection heading by striking 

25 ‘‘REQUIRED’’; 
323 

HR 2864 PCS 

1 (B) by striking ‘‘shall’’ and inserting 

2 ‘‘may’’; 

3 (C) by striking paragraph (1) and insert4 ing the following: 

5 ‘‘(1) Restoration and acquisitions of significant 

6 wetlands and aquatic habitat that contribute to the 

7 Meadowlands ecosystem.’’; 

8 (D) in paragraph (2) by inserting ‘‘and 

9 aquatic habitat’’ before the period at the end; 

10 and 

11 (E) by striking paragraph (7) and insert12 ing the following: 

13 ‘‘(7) Research, development, and implementa14 tion for a water quality improvement program, in15 cluding restoration of hydrology and tidal flows and 

16 remediation of hot spots and other sources of con17 taminants that degrade existing or planned sites.’’; 

18 (3) in subsection (c) by inserting before the last 

19 sentence the following: ‘‘The non-Federal sponsor 

20 may also provide in-kind services, not to exceed the 

21 non-Federal share of the total project cost, and may 

22 also receive credit for reasonable cost of design work 

23 completed prior to entering into the partnership 

24 agreement with the Secretary for a project to be car-
324 

HR 2864 PCS 

1 ried out under the program developed under sub2 section (a).’’; and 

3 (4) in subsection (d) by striking ‘‘$5,000,000’’ 

4 and inserting ‘‘$35,000,000’’. 

5 SEC. 5105. CENTRAL NEW MEXICO, NEW MEXICO. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 593(h) of the Water Resources Development Act of 1999 

8 (113 Stat. 381) is amended by striking ‘‘$25,000,000’’ 

9 and inserting ‘‘$40,000,000’’. 

10 (b) CORPS OF ENGINEERS EXPENSES.—Section 593 

11 of such Act (113 Stat. 381) is amended by adding at the 

12 end the following: 

13 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Ten percent 

14 of the amounts appropriated to carry out this section may 

15 be used by the Corps of Engineers district offices to ad16 minister projects under this section at 100 percent Fed17 eral expense.’’. 

18 SEC. 5106. ATLANTIC COAST OF NEW YORK. 

19 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 

20 the Water Resources Development Act of 1992 (106 Stat. 

21 4863) is amended— 

22 (1) by striking ‘‘processes’’ and inserting ‘‘and 

23 related environmental processes’’; 

24 (2) by inserting after ‘‘Atlantic Coast’’ the fol25 lowing: ‘‘(and associated back bays)’’; 
325 

HR 2864 PCS 

1 (3) by inserting after ‘‘actions’’ the following: ‘‘, 

2 environmental restoration or conservation measures 

3 for coastal and back bays,’’; and 

4 (4) by adding at the end the following: ‘‘The 

5 plan for collecting data and monitoring information 

6 included in such annual report shall be fully coordi7 nated with and agreed to by appropriate agencies of 

8 the State of New York.’’. 

9 (b) ANNUAL REPORTS.—Section 404(b) of such Act 

10 is amended— 

11 (1) by striking ‘‘INITIAL PLAN.—Not later than 

12 12 months after the date of the enactment of this 

13 Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 

14 (2) by striking ‘‘initial plan for data collection 

15 and monitoring’’ and inserting ‘‘annual report of 

16 data collection and monitoring activities’’; and 

17 (3) by striking the last sentence. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 404(c) of such Act (113 Stat. 341) is amended by striking 

20 ‘‘and an additional total of $2,500,000 for fiscal years 

21 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 

22 2000 through 2004, and $7,500,000 for fiscal years begin23 ning after September 30, 2004,’’. 
326 

HR 2864 PCS 

1 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 

2 Water Resources Development Act of 1992 (106 Stat. 

3 4863) is amended by adding at the end the following: 

4 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author5 ized to be appropriated $800,000 for the Secretary to 

6 carry out a project for a tsunami warning system, Atlantic 

7 Coast of New York.’’. 

8 SEC. 5107. COLLEGE POINT, NEW YORK CITY, NEW YORK. 

9 In carrying out section 312 of the Water Resources 

10 Development Act of 1990 (104 Stat. 4639), the Secretary 

11 shall give priority to work in College Point, New York 

12 City, New York. 

13 SEC. 5108. FLUSHING BAY AND CREEK, NEW YORK CITY, 

14 NEW YORK. 

15 The Secretary shall credit toward the non-Federal 

16 share of the cost of the project for ecosystem restoration, 

17 Flushing Bay and Creek, New York City, New York, the 

18 cost of design and construction work carried out by the 

19 non-Federal interest before the date of the partnership 

20 agreement for the project if the Secretary determines that 

21 the work is integral to the project. 

22 SEC. 5109. HUDSON RIVER, NEW YORK. 

23 The Secretary may participate with the State of New 

24 York, New York City, and the Hudson River Park Trust 

25 in carrying out activities to restore critical marine habitat, 
327 

HR 2864 PCS 

1 improve safety, and protect and rehabilitate critical infra2 structure. There is authorized to be appropriated 

3 $5,000,000 to carry out this section. 

4 SEC. 5110. MOUNT MORRIS DAM, NEW YORK. 

5 As part of the operation and maintenance of the 

6 Mount Morris Dam, New York, the Secretary may make 

7 improvements to the access road for the dam to provide 

8 safe access to a Federal visitor’s center. 

9 SEC. 5111. ONONDAGA LAKE, NEW YORK. 

10 Section 573 of the Water Resources Development Act 

11 of 1999 (113 Stat. 372) is amended— 

12 (1) in subsection (f) by striking ‘‘$10,000,000’’ 

13 and inserting ‘‘$30,000,000’’; 

14 (2) by redesignating subsections (f) and (g) as 

15 subsections (g) and (h), respectively; and 

16 (3) by inserting after subsection (e) the fol17 lowing: 

18 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding sec19 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

20 1962d–5b(b)), for any project carried out under this sec21 tion, a non-Federal interest may include a nonprofit enti22 ty, with the consent of the affected local government.’’. 
328 

HR 2864 PCS 

1 SEC. 5112. JOHN H. KERR DAM AND RESERVOIR, NORTH 

2 CAROLINA. 

3 The Secretary shall expedite the completion of the 

4 calculations necessary to negotiate and execute a revised, 

5 permanent contract for water supply storage at John H. 

6 Kerr Dam and Reservoir, North Carolina, among the Sec7 retary and the Kerr Lake Regional Water System and the 

8 city of Henderson, North Carolina. 

9 SEC. 5113. STANLY COUNTY, NORTH CAROLINA. 

10 Section 219(f)(64) of the Water Resources Develop11 ment Act of 1992 (114 Stat. 2763A–221) is amended by 

12 inserting ‘‘water and’’ before ‘‘wastewater’’. 

13 SEC. 5114. W. KERR SCOTT DAM AND RESERVOIR, NORTH 

14 CAROLINA. 

15 The Secretary shall remove debris from the joint in16 take at the W. Kerr Scott Dam and Reservoir, North 

17 Carolina. 

18 SEC. 5115. OHIO. 

19 Section 594 of the Water Resources Development Act 

20 of 1999 (113 Stat. 381) is amended— 

21 (1) in subsection (b) by striking ‘‘design and 

22 construction’’ and inserting ‘‘planning, design, and 

23 construction’’; 

24 (2) in subsection (g) by striking ‘‘$60,000,000’’ 

25 and inserting ‘‘$100,000,000’’; and 

26 (3) by adding at the end the following: 
329 

HR 2864 PCS 

1 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

3 1962d–5(b)), for any project undertaken under this sec4 tion, a non-Federal interest may include a nonprofit enti5 ty, with the consent of the affected local government.’’. 

6 SEC. 5116. TOUSSAINT RIVER, OHIO. 

7 (a) IN GENERAL.—The project for navigation, Tous8 saint River, Carroll Township, Ohio, authorized by section 

9 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 

10 is modified to authorize the Secretary to enter into an 

11 agreement with the non-Federal interest under which the 

12 Secretary may— 

13 (1) acquire, and transfer to the non-Federal in14 terest, a dredge and associated equipment with the 

15 capacity to perform operation and maintenance of 

16 the project; and 

17 (2) provide the non-Federal interest with a 

18 lump-sum payment to cover all future costs of oper19 ation and maintenance of the project. 

20 (b) AGREEMENT.—The Secretary may carry out sub21 section (a)(1) by entering into an agreement with the non22 Federal interest under which the non-Federal interest may 

23 acquire the dredge and associated equipment directly and 

24 be reimbursed by the Secretary. 
330 

HR 2864 PCS 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $1,800,000 to carry out this 

3 section. Of such funds, $500,000 may be used to carry 

4 out subsection (a)(1). 

5 (d) RELEASE.—Upon the acquisition and transfer of 

6 a dredge and associated equipment under subsection 

7 (a)(1), and the payment of funds under subsection (a)(2), 

8 all future Federal responsibility for operation and mainte9 nance of the project is extinguished. 

10 SEC. 5117. EUGENE, OREGON. 

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

12 study to determine the feasibility of restoring the millrace 

13 in Eugene, Oregon, and, if the Secretary determines that 

14 the restoration is feasible, the Secretary shall carry out 

15 the restoration. 

16 (b) CONSIDERATION OF NONECONOMIC BENEFITS.— 

17 In determining the feasibility of restoring the millrace, the 

18 Secretary shall include noneconomic benefits associated 

19 with the historical significance of the millrace and associ20 ated with preservation and enhancement of resources. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $20,000,000. 
331 

HR 2864 PCS 

1 SEC. 5118. JOHN DAY LOCK AND DAM, LAKE UMATILLA, OR2 EGON AND WASHINGTON. 

3 (a) IN GENERAL.—The Secretary shall pay not more 

4 than $2,500,000 to the provider of research and curation 

5 support previously provided to the Federal Government as 

6 a result of— 

7 (1) the multipurpose project at John Day Lock 

8 and Dam, Lake Umatilla, Oregon and Washington, 

9 authorized by section 101 of the River and Harbor 

10 Act of 1950 (64 Stat. 167); and 

11 (2) the several navigation and flood damage re12 duction projects constructed on the Columbia River 

13 and Lower Willamette River, Oregon and Wash14 ington. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $2,500,000. 

18 SEC. 5119. LOWELL, OREGON. 

19 (a) IN GENERAL.—The Secretary may convey with20 out consideration to Lowell School District, by quitclaim 

21 deed, all right, title, and interest of the United States in 

22 and to land and buildings thereon, known as Tract A– 

23 82, located in Lowell, Oregon, and described in subsection 

24 (b). 

25 (b) DESCRIPTION OF PROPERTY.—The parcel of land 

26 authorized to be conveyed under subsection (a) is as fol-
332 

HR 2864 PCS 

1 lows: Commencing at the point of intersection of the west 

2 line of Pioneer Street with the westerly extension of the 

3 north line of Summit Street, in Meadows Addition to Low4 ell, as platted and recorded at page 56 of Volume 4, Lane 

5 County Oregon Plat Records; thence north on the west 

6 line of Pioneer Street a distance of 176.0 feet to the true 

7 point of beginning of this description; thence north on the 

8 west line of Pioneer Street a distance of 170.0 feet; thence 

9 west at right angles to the west line of Pioneer Street a 

10 distance of 250.0 feet; thence south and parallel to the 

11 west line of Pioneer Street a distance of 170.0 feet; thence 

12 east 250.0 feet to the true point of beginning of this de13 scription in Section 14, Township 19 South, Range 1 West 

14 of the Willamette Meridian, Lane County, Oregon. 

15 (c) TERMS AND CONDITIONS.—Before conveying the 

16 parcel to the school district, the Secretary shall ensure 

17 that the conditions of buildings and facilities meet the re18 quirements of applicable Federal law. 

19 (d) REVERSION.—If the Secretary determines that 

20 the property conveyed under subsection (a) ceases to be 

21 held in public ownership, all right, title, and interest in 

22 and to the property shall revert to the United States, at 

23 the option of the United States. 

24 (e) GENERALLY APPLICABLE PROVISIONS.— 
333 

HR 2864 PCS 

1 (1) APPLICABILITY OF PROPERTY SCREENING

2 PROVISIONS.—Section 2696 of title 10, United 

3 States Code, shall not apply to any conveyance 

4 under this section. 

5 (2) LIABILITY.—An entity to which a convey6 ance is made under this section shall hold the 

7 United States harmless from any liability with re8 spect to activities carried out, on or after the date 

9 of the conveyance, on the real property conveyed. 

10 The United States shall remain responsible for any 

11 liability with respect to activities carried out, before 

12 such date, on the real property conveyed. 

13 SEC. 5120. ALLEGHENY COUNTY, PENNSYLVANIA. 

14 Section 219(f)(66) of the Water Resources Develop15 ment Act of 1992 (114 Stat. 2763A–221) is amended— 

16 (1) by striking ‘‘$20,000,000’’ and inserting the 

17 following: 

18 ‘‘(A) IN GENERAL.—$20,000,000’’; 

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

20 ‘‘(B) CREDIT.—The Secretary shall credit 

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

22 project the cost of work carried out by the non23 Federal interest before the date of the partner24 ship agreement for the project if the Secretary 
334 

HR 2864 PCS 

1 determines that the work is integral to the 

2 project.’’; and 

3 (3) by aligning the remainder of the text of 

4 subparagraph (A) (as designated by paragraph (1) 

5 of this section) with subparagraph (B) (as added by 

6 paragraph (2) of this section). 

7 SEC. 5121. CLINTON COUNTY, PENNSYLVANIA. 

8 Section 219(f)(13) of the Water Resources Develop9 ment Act of 1992 (113 Stat. 335) is amended by striking 

10 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. 

11 SEC. 5122. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL12 VANIA. 

13 The Secretary shall use existing water quality data 

14 to model the effects of the Francis E. Walter Dam, at 

15 different water levels, to determine its impact on water 

16 and related resources in and along the Lehigh River in 

17 Lehigh County, Pennsylvania. There is authorized to be 

18 appropriated $500,000 to carry out this section. 

19 SEC. 5123. NORTHEAST PENNSYLVANIA. 

20 Section 219(f)(11) of the Water Resources Develop21 ment Act of 1992 (113 Stat. 335) is amended by striking 

22 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union, 

23 Snyder, and Montour’’. 
335 

HR 2864 PCS 

1 SEC. 5124. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL2 VANIA AND NEW YORK. 

3 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 

4 567(a) of the Water Resources Development Act of 1996 

5 (110 Stat. 3787; 114 Stat. 2662) is amended— 

6 (1) in the matter preceding paragraph (1) by 

7 inserting ‘‘and carry out’’ after ‘‘develop’’; and 

8 (2) in paragraph (2) by striking 

9 ‘‘$10,000,000.’’ and inserting ‘‘$20,000,000, of 

10 which the Secretary may utilize not more than 

11 $5,000,000 to design and construct feasible pilot 

12 projects during the development of the strategy to 

13 demonstrate alternative approaches for the strategy. 

14 The total cost for any single pilot project may not 

15 exceed $500,000. The Secretary shall evaluate the 

16 results of the pilot projects and consider the results 

17 in the development of the strategy.’’. 

18 (b) COOPERATIVE AGREEMENTS.—Section 567(c) of 

19 such Act (114 Stat. 2662) is amended— 

20 (1) in the subsection heading by striking ‘‘CO21 OPERATION’’ and inserting ‘‘COOPERATIVE’’; and 

22 (2) in the first sentence— 

23 (A) by inserting ‘‘and carrying out’’ after 

24 ‘‘developing’’; and 

25 (B) by striking ‘‘cooperation’’ and insert26 ing ‘‘cost-sharing and cooperative’’. 
336 

HR 2864 PCS 

1 (c) IMPLEMENTATION OF STRATEGY.—Section 

2 567(d) of such Act (114 Stat. 2663) is amended— 

3 (1) by striking ‘‘The Secretary’’ and inserting 

4 the following: 

5 ‘‘(1) IN GENERAL.—The Secretary’’; 

6 (2) in the second sentence of paragraph (1) (as 

7 so designated)— 

8 (A) by striking ‘‘implement’’ and inserting 

9 ‘‘carry out’’; and 

10 (B) by striking ‘‘implementing’’ and insert11 ing ‘‘carrying out’’; 

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

13 ‘‘(2) PRIORITY PROJECT.—In carrying out 

14 projects to implement the strategy, the Secretary 

15 shall give priority to the project for ecosystem res16 toration, Cooperstown, New York, described in the 

17 Upper Susquehanna River Basin—Cooperstown 

18 Area Ecosystem Restoration Feasibility Study, dated 

19 December 2004, prepared by the Corps of Engineers 

20 and the New York State Department of Environ21 mental Conservation.’’; and 

22 (4) by aligning the remainder of the text of 

23 paragraph (1) (as designated by paragraph (1) of 

24 this subsection) with paragraph (2) (as added by 

25 paragraph (3) of this subsection). 
337 

HR 2864 PCS 

1 (d) CREDIT.—Section 567 of such Act (110 Stat. 

2 3787; 114 Stat. 2662) is amended by adding at the end 

3 the following: 

4 ‘‘(e) CREDIT.—The Secretary shall credit toward the 

5 non-Federal share of the cost of a project under this sec6 tion— 

7 ‘‘(1) the cost of design and construction work 

8 carried out by the non-Federal interest before the 

9 date of the partnership agreement for the project if 

10 the Secretary determines that the work is integral to 

11 the project; and 

12 ‘‘(2) the cost of in-kind services and materials 

13 provided for the project by the non-Federal inter14 est.’’. 

15 SEC. 5125. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 

16 The Secretary shall review a report prepared by the 

17 non-Federal interest concerning flood protection and envi18 ronmental restoration for Cano Martin Pena, San Juan, 

19 Puerto Rico, and, if the Secretary determines that the re20 port meets the evaluation and design standards of the 

21 Corps of Engineers and that the project is feasible, the 

22 Secretary may carry out the project at a total cost of 

23 $130,000,000, with an estimated Federal cost of 

24 $85,000,000 and an estimated non-Federal cost of 

25 $45,000,000. 
338 

HR 2864 PCS 

1 SEC. 5126. BEAUFORT AND JASPER COUNTIES, SOUTH 

2 CAROLINA. 

3 The Secretary may accept from the Department of 

4 the Navy, and may use, not to exceed $23,000,000 to as5 sist the Beaufort Jasper Water and Sewage Authority, 

6 South Carolina, with its plan to consolidate civilian and 

7 military wastewater treatment facilities. 

8 SEC. 5127. EAST TENNESSEE. 

9 (a) EAST TENNESSEE DEFINED.—In this section, 

10 the term ‘‘East Tennessee’’ means the counties of Blount, 

11 Knox, Loudon, McMinn, Monroe, and Sevier, Tennessee. 

12 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

13 may establish a program to provide environmental assist14 ance to non-Federal interests in East Tennessee. 

15 (c) FORM OF ASSISTANCE.—Assistance under this 

16 section may be in the form of design and construction as17 sistance for water-related environmental infrastructure 

18 and resource protection and development projects in East 

19 Tennessee, including projects for wastewater treatment 

20 and related facilities, water supply and related facilities, 

21 environmental restoration, and surface water resource pro22 tection and development. 

23 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

24 provide assistance for a project under this section only if 

25 the project is publicly owned. 

26 (e) PARTNERSHIP AGREEMENTS.— 
339 

HR 2864 PCS 

1 (1) IN GENERAL.—Before providing assistance 

2 under this section, the Secretary shall enter into a 

3 partnership agreement with a non-Federal interest 

4 to provide for design and construction of the project 

5 to be carried out with the assistance. 

6 (2) REQUIREMENTS.—Each partnership agree7 ment entered into under this subsection shall provide 

8 for the following: 

9 (A) PLAN.—Development by the Secretary, 

10 in consultation with appropriate Federal and 

11 State officials, of a facilities or resource protec12 tion and development plan, including appro13 priate engineering plans and specifications. 

14 (B) LEGAL AND INSTITUTIONAL STRUC15 TURES.—Establishment of such legal and insti16 tutional structures as are necessary to ensure 

17 the effective long-term operation of the project 

18 by the non-Federal interest. 

19 (3) COST SHARING.— 

20 (A) IN GENERAL.—The Federal share of 

21 the project cost under each partnership agree22 ment entered into under this subsection shall be 

23 75 percent. The Federal share may be in the 

24 form of grants or reimbursements of project 

25 costs. 
340 

HR 2864 PCS 

1 (B) CREDIT FOR WORK.—The non-Federal 

2 interests shall receive credit for the reasonable 

3 cost of design work on a project completed by 

4 the non-Federal interest before entering into a 

5 partnership agreement with the Secretary for 

6 such project. 

7 (C) CREDIT FOR INTEREST.—In case of a 

8 delay in the funding of the non-Federal share 

9 of a project that is the subject of an agreement 

10 under this section, the non-Federal interest 

11 shall receive credit for reasonable interest in12 curred in providing the non-Federal share of 

13 the project cost. 

14 (D) LAND, EASEMENTS, AND RIGHTS-OF15 WAY CREDIT.—The non-Federal interest shall 

16 receive credit for land, easements, rights-of17 way, and relocations toward the non-Federal 

18 share of project cost (including all reasonable 

19 costs associated with obtaining permits nec20 essary for the construction, operation, and 

21 maintenance of the project on publicly owned or 

22 controlled land), but not to exceed 25 percent 

23 of total project cost. 

24 (E) OPERATION AND MAINTENANCE.—The 

25 non-Federal share of operation and mainte-
341 

HR 2864 PCS 

1 nance costs for projects constructed with assist2 ance provided under this section shall be 100 

3 percent. 

4 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

5 LAWS.—Nothing in this section waives, limits, or other6 wise affects the applicability of any provision of Federal 

7 or State law that would otherwise apply to a project to 

8 be carried out with assistance provided under this section. 

9 (g) NONPROFIT ENTITIES.—Notwithstanding section 

10 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

11 1962d-5b(b)), for any project undertaken under this sec12 tion, a non-Federal interest may include a nonprofit entity 

13 with the consent of the affected local government. 

14 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

15 of the amounts appropriated to carry out this section may 

16 be used by the Corps of Engineers district offices to ad17 minister projects under this section at 100 percent Fed18 eral expense. 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $40,000,000. Such sums shall remain available until ex22 pended. 

23 SEC. 5128. FRITZ LANDING, TENNESSEE. 

24 The Secretary shall— 
342 

HR 2864 PCS 

1 (1) conduct a study of the Fritz Landing Agri2 cultural Spur Levee, Tennessee, to determine the ex3 tent of levee modifications that would be required to 

4 make the levee and associated drainage structures 

5 consistent with Federal standards; 

6 (2) design and construct such modifications; 

7 and 

8 (3) after completion of such modifications, in9 corporate the levee into the project for flood control, 

10 Mississippi River and Tributaries, authorized by the 

11 Act entitled ‘‘An Act for the control of floods on the 

12 Mississippi River and its tributaries, and for other 

13 purposes’’, approved May 15, 1928 (45 Stat. 534– 

14 539), commonly known as the ‘‘Flood Control Act of 

15 1928’’. 

16 SEC. 5129. J. PERCY PRIEST DAM AND RESERVOIR, TEN17 NESSEE. 

18 The Secretary shall plan, design, and construct a trail 

19 system at the J. Percy Priest Dam and Reservoir, Ten20 nessee, authorized by section 4 of the Act entitled ‘‘An 

21 Act authorizing the construction of certain public works 

22 on rivers and harbors for flood control, and for other pur23 poses’’, approved June 28, 1938 (52 Stat. 1217), includ24 ing design and construction of support facilities for public 

25 health and safety associated with trail development. In 
343 

HR 2864 PCS 

1 carrying out such improvements, the Secretary is author2 ized to use funds made available by the State of Tennessee 

3 from any Federal or State source, or both. 

4 SEC. 5130. TOWN CREEK, LENOIR CITY, TENNESSEE. 

5 The Secretary shall design and construct the project 

6 for flood damage reduction designated as Alternative 4 in 

7 the Town Creek, Lenoir City, Loudon County, Tennessee, 

8 feasibility report of the Nashville district engineer, dated 

9 November 2000, under the authority of section 205 of the 

10 Flood Control Act of 1948 (33 U.S.C. 701s), notwith11 standing section 1 of the Flood Control Act of June 22, 

12 1936 (33 U.S.C. 701a; 49 Stat. 1570). The non-Federal 

13 share of the cost of the project shall be subject to section 

14 103(a) of the Water Resources Development Act of 1986 

15 (33 U.S.C. 2213(a)). 

16 SEC. 5131. TENNESSEE RIVER PARTNERSHIP. 

17 (a) IN GENERAL.—As part of the operation and 

18 maintenance of the project for navigation, Tennessee 

19 River, Tennessee, Alabama, Mississippi, and Kentucky, 

20 authorized by the first section of the River and Harbor 

21 Act of July 3, 1930 (46 Stat. 927), the Secretary may 

22 enter into a partnership with a nonprofit entity to remove 

23 debris from the Tennessee River in the vicinity of Knox24 ville, Tennessee, by providing a vessel to such entity, at 

25 Federal expense, for such debris removal purposes. 
344 

HR 2864 PCS 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $500,000. 

4 SEC. 5132. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, 

5 ARKANSAS, AND MISSISSIPPI. 

6 The Secretary may participate with non-Federal and 

7 nonprofit entities to address issues concerning managing 

8 groundwater as a sustainable resource through the Upper 

9 Mississippi Embayment, Tennessee, Arkansas, and Mis10 sissippi, and coordinating the protection of groundwater 

11 supply and groundwater quality with local surface water 

12 protection programs. There is authorized to be appro13 priated $5,000,000 to carry out this section. 

14 SEC. 5133. BOSQUE RIVER WATERSHED, TEXAS. 

15 (a) COMPREHENSIVE PLAN.—The Secretary, in con16 sultation with appropriate Federal, State, and local enti17 ties, shall develop, as expeditiously as practicable, a com18 prehensive plan for development of new technologies and 

19 innovative approaches for restoring, preserving, and pro20 tecting the Bosque River watershed within Bosque, Ham21 ilton, McLennan, and Erath Counties, Texas. The Sec22 retary, in cooperation with the Secretary of Agriculture, 

23 may carry out activities identified in the comprehensive 

24 plan to demonstrate practicable alternatives for stabiliza-
345 

HR 2864 PCS 

1 tion and enhancement of land and water resources in the 

2 basin. 

3 (b) SERVICES OF PUBLIC NON-PROFIT INSTITU4 TIONS AND OTHER ENTITIES.—In carrying out subsection 

5 (a), the Secretary may utilize, through contracts or other 

6 means, the services of public non-profit institutions and 

7 such other entities as the Secretary considers appropriate. 

8 (c) NON-FEDERAL SHARE.— 

9 (1) IN GENERAL.—The non-Federal share of 

10 the cost of activities carried out under this section 

11 shall be 35 percent. 

12 (2) CREDIT.—The Secretary shall credit toward 

13 the non-Federal share of the cost of activities car14 ried out under this section the cost of planning, de15 sign, and construction work completed by or on be16 half of the non-Federal interests for implementation 

17 of measures constructed with assistance provided 

18 under this section. The amount of such credit shall 

19 not exceed the non-Federal share of the cost of such 

20 activities. 

21 (3) OPERATION AND MAINTENANCE.—The non22 Federal share of the cost of operation and mainte23 nance for measures constructed with assistance pro24 vided under this section shall be 100 percent. 
346 

HR 2864 PCS 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000. 

4 SEC. 5134. DALLAS COUNTY REGION, TEXAS. 

5 (a) DALLAS COUNTY REGION DEFINED.—In this sec6 tion, the term ‘‘Dallas County region’’ means the city of 

7 Dallas, and the municipalities of DeSoto, Duncanville, 

8 Lancaster, Wilmer, Hutchins, Balch Springs, Cedar Hill, 

9 Glenn Heights, and Ferris, Texas. 

10 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

11 may establish a program to provide environmental assist12 ance to non-Federal interests in the Dallas County region. 

13 (c) FORM OF ASSISTANCE.—Assistance under this 

14 section may be in the form of design and construction as15 sistance for water-related environmental infrastructure 

16 and resource protection and development projects in the 

17 Dallas County region, including projects for wastewater 

18 treatment and related facilities, water supply and related 

19 facilities, environmental restoration, and surface water re20 source protection and development. 

21 (d) OWNERSHIP REQUIREMENT.—The Secretary may 

22 provide assistance for a project under this section only if 

23 the project is publicly owned. 

24 (e) PARTNERSHIP AGREEMENTS.— 
347 

HR 2864 PCS 

1 (1) IN GENERAL.—Before providing assistance 

2 under this section, the Secretary shall enter into a 

3 partnership agreement with a non-Federal interest 

4 to provide for design and construction of the project 

5 to be carried out with the assistance. 

6 (2) REQUIREMENTS.—Each partnership agree7 ment entered into under this subsection shall provide 

8 for the following: 

9 (A) PLAN.—Development by the Secretary, 

10 in consultation with appropriate Federal and 

11 State officials, of a facilities or resource protec12 tion and development plan, including appro13 priate engineering plans and specifications. 

14 (B) LEGAL AND INSTITUTIONAL STRUC15 TURES.—Establishment of such legal and insti16 tutional structures as are necessary to ensure 

17 the effective long-term operation of the project 

18 by the non-Federal interest. 

19 (3) COST SHARING.— 

20 (A) IN GENERAL.—The Federal share of 

21 the project costs under each partnership agree22 ment entered into under this subsection shall be 

23 75 percent. The Federal share may be in the 

24 form of grants or reimbursements of project 

25 costs. 
348 

HR 2864 PCS 

1 (B) CREDIT FOR WORK.—The non-Federal 

2 interests shall receive credit for the reasonable 

3 cost of design work on a project completed by 

4 the non-Federal interest before entering into a 

5 partnership agreement with the Secretary for 

6 such project. 

7 (C) CREDIT FOR INTEREST.—In case of a 

8 delay in the funding of the non-Federal share 

9 of a project that is the subject of an agreement 

10 under this section, the non-Federal interest 

11 shall receive credit for reasonable interest in12 curred in providing the non-Federal share of 

13 the project’s costs. 

14 (D) LAND, EASEMENTS, AND RIGHTS-OF15 WAY CREDIT.—The non-Federal interest shall 

16 receive credit for land, easements, rights-of17 way, and relocations toward the non-Federal 

18 share of project costs (including all reasonable 

19 costs associated with obtaining permits nec20 essary for the construction, operation, and 

21 maintenance of the project on publicly owned or 

22 controlled land), but such credit may not exceed 

23 25 percent of total project costs. 

24 (E) OPERATION AND MAINTENANCE.—The 

25 non-Federal share of operation and mainte-
349 

HR 2864 PCS 

1 nance costs for projects constructed with assist2 ance provided under this section shall be 100 

3 percent. 

4 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

5 LAWS.—Nothing in this section waives, limits, or other6 wise affects the applicability of any provision of Federal 

7 or State law that would otherwise apply to a project to 

8 be carried out with assistance provided under this section. 

9 (g) NONPROFIT ENTITIES.—Notwithstanding section 

10 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

11 1962d-5b(b)), for any project undertaken under this sec12 tion, a non-Federal interest may include a nonprofit enti13 ty. 

14 (h) CORPS OF ENGINEERS EXPENSES.—Ten percent 

15 of the amounts appropriated to carry out this section may 

16 be used by the Corps of Engineers district offices to ad17 minister projects under this section at 100 percent Fed18 eral expense. 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $40,000,000. Such sums shall remain available until ex22 pended. 

23 SEC. 5135. DALLAS FLOODWAY, DALLAS, TEXAS. 

24 (a) IN GENERAL.—The Secretary shall review the 

25 Balanced Vision Plan for the Trinity River Corridor, Dal-
350 

HR 2864 PCS 

1 las, Texas, dated December 2003 and amended in March 

2 2004, prepared by the non-Federal interest for the project 

3 for flood damage reduction and other purposes, Dallas 

4 Floodway, Dallas, Texas, and, if the Secretary determines 

5 that the project is technically sound and environmentally 

6 acceptable, shall carry out the project at a total cost of 

7 $194,000,000, with an estimated Federal cost of 

8 $126,100,000 and an estimated non-Federal cost of 

9 $67,900,000. 

10 (b) CREDIT.— 

11 (1) IN-KIND CONTRIBUTIONS.—The Secretary 

12 shall credit toward the non-Federal share of the cost 

13 of the project the cost of planning, design, and con14 struction work carried out by the non-Federal inter15 est before the date of the partnership agreement for 

16 the project if the Secretary determines that the work 

17 is integral to the project. 

18 (2) CASH CONTRIBUTIONS.—The Secretary 

19 shall accept funds provided by the non-Federal inter20 ests for use in carrying out planning, engineering, 

21 and design for the project. The Federal share of 

22 such planning, engineering, and design carried out 

23 with non-Federal contributions shall be credited 

24 against the non-Federal share of project costs. 
351 

HR 2864 PCS 

1 SEC. 5136. HARRIS COUNTY, TEXAS. 

2 (a) IN GENERAL.—Section 575(a) of the Water Re3 sources Development Act of 1996 (110 Stat. 3789; 113 

4 Stat. 311) is amended by inserting before the period at 

5 the end the following: ‘‘, whether or not such works or 

6 actions are partially funded under the hazard mitigation 

7 grant program of the Federal Emergency Management 

8 Agency’’. 

9 (b) SPECIFIC PROJECTS.—Section 575(b) of such 

10 Act (110 Stat. 3789; 113 Stat. 311) is amended— 

11 (1) in paragraph (3) by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (4) by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding the following: 

16 ‘‘(5) the project for flood control, Upper White 

17 Oak Bayou, Texas, authorized by section 401(a) of 

18 the Water Resources Development Act of 1986 (100 

19 Stat. 4125).’’. 

20 SEC. 5137. ONION CREEK, TEXAS. 

21 In carrying out the study for the project for flood 

22 damage reduction, recreation, and ecosystem restoration, 

23 Onion Creek, Texas, the Secretary shall include the costs 

24 and benefits associated with the relocation of flood-prone 

25 residences in the study area for the project in the period 

26 beginning 2 years before the date of initiation of the study 
352 

HR 2864 PCS 

1 and ending on the date of execution of the partnership 

2 agreement for construction of the project to the extent the 

3 Secretary determines such relocations are compatible with 

4 the project. The Secretary shall credit toward the non5 Federal share of the cost of the project the cost of reloca6 tion of such flood-prone residences incurred by the non7 Federal interest before the date of the partnership agree8 ment for the project if the Secretary determines that the 

9 relocation of such residences is integral to the project. 

10 SEC. 5138. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 

11 The Secretary shall accept funds from the National 

12 Park Service to restore Dyke Marsh, Fairfax County, Vir13 ginia. 

14 SEC. 5139. EASTERN SHORE AND SOUTHWEST VIRGINIA. 

15 Section 219(f)(10) of the Water Resources Develop16 ment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is 

17 amended— 

18 (1) by striking ‘‘$20,000,000 for water supply 

19 and wastewater infrastructure’’ and inserting the 

20 following: 

21 ‘‘(A) IN GENERAL.—$20,000,000 for water 

22 supply, wastewater infrastructure, and environ23 mental restoration’’; 

24 (2) by adding at the end the following: 
353 

HR 2864 PCS 

1 ‘‘(B) CREDIT.—The Secretary shall credit 

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

3 project the cost of work carried out by the non4 Federal interest before the date of the partner5 ship agreement for the project if the Secretary 

6 determines that the work is integral to the 

7 project.’’; 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. 5140. JAMES RIVER, VIRGINIA. 

13 The Secretary shall accept funds from the National 

14 Park Service to provide technical and project management 

15 assistance for the James River, Virginia, with a particular 

16 emphasis on locations along the shoreline adversely im17 pacted by Hurricane Isabel. 

18 SEC. 5141. BAKER BAY AND ILWACO HARBOR, WASH19 INGTON. 

20 The Secretary shall conduct a study of increased sil21 tation in Baker Bay and Ilwaco Harbor, Washington, to 

22 determine if the siltation is the result of a Federal naviga23 tion project (including diverted flows from the Columbia 

24 River) and, if the Secretary determines that the siltation 

25 is the result of a Federal navigation project, the Secretary 
354 

HR 2864 PCS 

1 shall carry out a project to mitigate the siltation as part 

2 of maintenance of the Federal navigation project. 

3 SEC. 5142. HAMILTON ISLAND CAMPGROUND, WASH4 INGTON. 

5 The Secretary is authorized to plan, design, and con6 struct a campground for Bonneville Lock and Dam at 

7 Hamilton Island (also know as ‘‘Strawberry Island’’) in 

8 Skamania County, Washington. 

9 SEC. 5143. PUGET ISLAND, WASHINGTON. 

10 The Secretary is directed to place dredged and other 

11 suitable material along portions of the Columbia River 

12 shoreline of Puget Island, Washington, between river miles 

13 38 to 47 in order to protect economic and environmental 

14 resources in the area from further erosion, at a Federal 

15 cost of $1,000,000. This action shall be coordinated with 

16 appropriate resource agencies and comply with applicable 

17 Federal laws. 

18 SEC. 5144. WILLAPA BAY, WASHINGTON. 

19 Section 545 of the Water Resources Development Act 

20 of 2000 (114 Stat. 2675) is amended— 

21 (1) in subsection (b)(1) by striking ‘‘may con22 struct’’ and inserting ‘‘shall construct’’; and 

23 (2) by inserting ‘‘and ecosystem restoration’’ 

24 after ‘‘erosion protection’’ each place it appears. 
355 

HR 2864 PCS 

1 SEC. 5145. BLUESTONE, WEST VIRGINIA. 

2 Section 547 of the Water Resources Development Act 

3 of 2000 (114 Stat. 2676–2678) is amended— 

4 (1) in subsection (b)(1)(A) by striking ‘‘4 

5 years’’ and inserting ‘‘5 years’’; 

6 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if 

7 all’’ and all that follows through ‘‘facility’’ and in8 serting ‘‘assurance project’’; 

9 (3) in subsection (b)(1)(C) by striking ‘‘and 

10 construction’’ and inserting ‘‘, construction, and op11 eration and maintenance’’; 

12 (4) by adding at the end of subsection (b) the 

13 following: 

14 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri15 Cities Power Authority shall be the owner and oper16 ator of the hydropower facilities referred to in sub17 section (a).’’; 

18 (5) in subsection (c)(1)— 

19 (A) by striking ‘‘No’’ and inserting ‘‘Un20 less otherwise provided, no’’; 

21 (B) by inserting ‘‘planning,’’ before ‘‘de22 sign’’; and 

23 (C) by striking ‘‘prior to’’ and all that fol24 lows through ‘‘subsection (d)’’; 

25 (6) in subsection (c)(2) by striking ‘‘design’’ 

26 and inserting ‘‘planning, design,’’; 
356 

HR 2864 PCS 

1 (7) in subsection (d)— 

2 (A) by striking paragraphs (1) and (2) and 

3 inserting the following: 

4 ‘‘(1) APPROVAL.—The Secretary shall review 

5 the design and construction activities for all features 

6 of the hydroelectric project that pertain to and affect 

7 stability of the dam and control the release of water 

8 from Bluestone Dam to ensure that the quality of 

9 construction of those features meets all standards 

10 established for similar facilities constructed by the 

11 Secretary.’’; 

12 (B) by redesignating paragraph (3) as 

13 paragraph (2); 

14 (C) by striking the period at the end of 

15 paragraph (2) (as so redesignated) and insert16 ing ‘‘, except that hydroelectric power is no 

17 longer a project purpose of the facility. Water 

18 flow releases from the hydropower facilities 

19 shall be determined and directed by the Corps 

20 of Engineers.’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(3) COORDINATION.—Construction of the hy23 droelectric generating facilities shall be coordinated 

24 with the dam safety assurance project currently in 

25 the design and construction phases.’’; 
357 

HR 2864 PCS 

1 (8) in subsection (e) by striking ‘‘in accord2 ance’’ and all that follows through ‘‘58 Stat. 890)’’; 

3 (9) in subsection (f)— 

4 (A) by striking ‘‘facility of the inter5 connected systems of reservoirs operated by the 

6 Secretary’’ each place it appears and inserting 

7 ‘‘facilities under construction under such agree8 ments’’; and 

9 (B) by striking ‘‘design’’ and inserting 

10 ‘‘planning, design’’; 

11 (10) in subsection (f)(2)— 

12 (A) by ‘‘Secretary’’ each place it appears 

13 and inserting ‘‘Tri-Cities Power Authority’’; 

14 and 

15 (B) by striking ‘‘facilities referred to in 

16 subsection (a)’’ and inserting ‘‘such facilities’’; 

17 (11) by striking paragraph (1) of subsection (g) 

18 and inserting the following: 

19 ‘‘(1) to arrange for the transmission of power 

20 to the market or to construct such transmission fa21 cilities as necessary to market the power produced at 

22 the facilities referred to in subsection (a) with funds 

23 contributed by the Tri-Cities Power Authority; and’’; 
358 

HR 2864 PCS 

1 (12) in subsection (g)(2) by striking ‘‘such fa2 cilities’’ and all that follows through ‘‘the Secretary’’ 

3 and inserting ‘‘the generating facility’’; and 

4 (13) by adding at the end the following: 

5 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In 

6 this section, the ‘Tri-Cities Power Authority’ refers to the 

7 entity established by the City of Hinton, West Virginia, 

8 the City of White Sulphur Springs, West Virginia, and the 

9 City of Philippi, West Virginia, pursuant to a document 

10 entitled ‘Second Amended and Restated Intergovern11 mental Agreement’ approved by the Attorney General of 

12 West Virginia on February 14, 2002.’’. 

13 SEC. 5146. WEST VIRGINIA AND PENNSYLVANIA FLOOD 

14 CONTROL. 

15 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR16 GINIA.—Section 581(a)(1) of the Water Resources Devel17 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is 

18 amended— 

19 (1) by striking ‘‘flood control measures’’ and in20 serting ‘‘structural and nonstructural flood control, 

21 streambank protection, stormwater management, 

22 and channel clearing and modification measures’’; 

23 and 
359 

HR 2864 PCS 

1 (2) by inserting ‘‘with respect to measures that 

2 incorporate levees or floodwalls’’ before the semi3 colon. 

4 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 

5 Water Resources Development Act of 1996 (110 Stat. 

6 3791) is amended— 

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

8 (5); 

9 (2) by striking the period at the end of para10 graph (6) and inserting a semicolon; and 

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

12 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa13 tershed; and 

14 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 

15 River basin.’’. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 581(c) of the Water Resources Development Act of 1996 

18 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’ 

19 and inserting ‘‘$90,000,000’’. 

20 SEC. 5147. LOWER KANAWHA RIVER BASIN, WEST VIRGINIA. 

21 The Secretary shall conduct a watershed and river 

22 basin assessment under section 729 of the Water Re23 sources Development Act of 1986 (33 U.S.C. 2267a) for 

24 the Lower Kanawha River Basin, in the counties of 
360 

HR 2864 PCS 

1 Mason, Putnam, Kanawha, Jackson, and Roane, West 

2 Virginia. 

3 SEC. 5148. CENTRAL WEST VIRGINIA. 

4 Section 571 of the Water Resources Development Act 

5 of 1999 (113 Stat. 371) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘Nicholas,’’; and 

8 (B) by striking ‘‘Gilmer,’’; and 

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

10 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec11 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

12 1962d–5b(b)), for any project undertaken under this sec13 tion, a non-Federal interest may include a nonprofit entity 

14 with the consent of the affected local government. 

15 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Ten percent 

16 of the amounts appropriated to carry out this section may 

17 be used by the Corps of Engineers district offices to ad18 minister projects under this section at 100 percent Fed19 eral expense.’’. 

20 SEC. 5149. SOUTHERN WEST VIRGINIA. 

21 (a) CORPS OF ENGINEERS.—Section 340 of the 

22 Water Resources Development Act of 1992 (106 Stat. 

23 4856; 113 Stat. 320) is amended by adding at the end 

24 the following: 
361 

HR 2864 PCS 

1 ‘‘(h) CORPS OF ENGINEERS.—Ten percent of the 

2 amounts appropriated to carry out this section may be 

3 used by the Corps of Engineers district offices to admin4 ister projects under this section at 100 percent Federal 

5 expense.’’. 

6 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 

7 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ 

8 after ‘‘Greenbrier,’’. 

9 (c) NONPROFIT ENTITIES.—Section 340 of the 

10 Water Resources Development Act of 1992 (106 Stat. 

11 4856) is further amended by adding at the end the fol12 lowing: 

13 ‘‘(i) NONPROFIT ENTITIES.—Notwithstanding sec14 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 

15 1962d–5b(b)), for any project undertaken under this sec16 tion, a non-Federal interest may include a nonprofit entity 

17 with the consent of the affected local government.’’. 

18 SEC. 5150. JOHNSONVILLE DAM, JOHNSONVILLE, WIS19 CONSIN. 

20 The Secretary shall conduct a study of the 

21 Johnsonville Dam, Johnsonville, Wisconsin, to determine 

22 if the structure prevents ice jams on the Sheboygan River. 
362 

HR 2864 PCS 

1 SEC. 5151. 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.—A project for 

7 flood control, Buffalo Bayou, Texas, to provide an 

8 alternative to the project authorized by the first sec9 tion of the River and Harbor Act of June 20, 1938 

10 (52 Stat. 804) and modified by section 3a of the 

11 Flood Control Act of August 11, 1939 (53 Stat. 

12 1414). 

13 ‘‘(10) HALLS BAYOU, TEXAS.—A project for 

14 flood control, Halls Bayou, Texas, to provide an al15 ternative to the project for flood control, Buffalo 

16 Bayou and tributaries, Texas, authorized by section 

17 101(a)(21) of the Water Resources Development Act 

18 of 1990 (104 Stat. 4610). 

19 ‘‘(11) ST. PAUL DOWNTOWN AIRPORT (HOLMAN

20 FIELD), ST. PAUL, MINNESOTA.—The project for 

21 flood damage reduction, St. Paul Downtown Airport 

22 (Holman Field), St. Paul, Minnesota. 

23 ‘‘(12) THORNTON RESERVOIR, COOK COUNTY, 

24 ILLINOIS.—The project for flood control, Chicago 

25 Underflow Plan, Thornton Reservoir, Cook County, 

26 Illinois. 
363 

HR 2864 PCS 

1 ‘‘(13) LAROSE TO GOLDEN MEADOW, LOU2 ISIANA.—The project for flood control, Larose to 

3 Golden Meadow, Louisiana. 

4 ‘‘(14) PERRIS, CALIFORNIA.—The project for 

5 flood control, Perris, California.’’. 

6 SEC. 5152. USE OF FEDERAL HOPPER DREDGE FLEET. 

7 (a) STUDY.—The Secretary shall conduct a study on 

8 the appropriate use of the Federal hopper dredge fleet. 

9 (b) CONTENTS.—In conducting the study, the Sec10 retary shall— 

11 (1) obtain and analyze baseline data to deter12 mine the appropriate use of the Federal hopper 

13 dredge fleet; 

14 (2) prepare a comprehensive analysis of the 

15 costs and benefits of existing and proposed restric16 tions on the use of the Federal hopper dredge fleet; 

17 and 

18 (3) assess the data and procedure used by the 

19 Secretary to prepare the Government cost estimate 

20 for worked performed by the Federal hopper dredge 

21 fleet. 

22 (c) CONSULTATION.—The Secretary shall conduct 

23 the study in consultation with ports, pilots, and represent24 atives of the private dredge industry. 
364 

HR 2864 PCS 

1 (d) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Secretary shall transmit to 

3 Congress a report on the results of the study. 

4 SEC. 5153. ADDITIONAL ASSISTANCE FOR CRITICAL 

5 PROJECTS. 

6 Section 219(f) of the Water Resources Development 

7 Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 

8 Stat. 2763A–220–221) is amended— 

9 (1) by striking the undesignated paragraph re10 lating to Charleston, South Carolina, and inserting 

11 the following: 

12 ‘‘(72) CHARLESTON, SOUTH CAROLINA.— 

13 $20,000,000 for wastewater infrastructure, including 

14 wastewater collection systems, and stormwater sys15 tem improvements, Charleston, South Carolina.’’; 

16 (2) by redesignating the paragraph (71) relat17 ing to Placer and El Dorado Counties, California, as 

18 paragraph (73); 

19 (3) by redesignating the paragraph (72) relat20 ing to Lassen, Plumas, Butte, Sierra, and Nevada 

21 Counties, California, as paragraph (74); 

22 (4) by striking the paragraph (71) relating to 

23 Indianapolis, Indiana, and inserting the following: 
365 

HR 2864 PCS 

1 ‘‘(75) INDIANAPOLIS, INDIANA.—$6,430,000 for 

2 environmental infrastructure for Indianapolis, Indi3 ana.’’; 

4 (5) by redesignating the paragraph (73) relat5 ing to St. Croix Falls, Wisconsin, as paragraph (76); 

6 and 

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

8 ‘‘(77) ST. CLAIR COUNTY, ALABAMA.— 

9 $5,000,000 for water related infrastructure, St. 

10 Clair County, Alabama. 

11 ‘‘(78) CRAWFORD COUNTY, ARKANSAS.— 

12 $35,000,000 for water supply infrastructure, 

13 Crawford County, Arkansas. 

14 ‘‘(79) BRAWLEY COLONIA, IMPERIAL COUNTY, 

15 CALIFORNIA.—$1,400,000 for water infrastructure 

16 to improve water quality in the Brawley Colonia 

17 Water District, Imperial County, California. 

18 ‘‘(80) CONTRA COSTA WATER DISTRICT, CALI19 FORNIA.—$23,000,000 for water and wastewater in20 frastructure for the Contra Costa Water District, 

21 California. 

22 ‘‘(81) EAST BAY, SAN FRANCISCO, AND SANTA

23 CLARA AREAS, CALIFORNIA.—$4,000,000 for a de24 salination project to serve the East Bay, San Fran25 cisco, and Santa Clara areas, California. 
366 

HR 2864 PCS 

1 ‘‘(82) IMPERIAL COUNTY, CALIFORNIA.— 

2 $10,000,000 for wastewater infrastructure, including 

3 a wastewater disinfection facility and polishing sys4 tem, to improve water quality in the vicinity of 

5 Calexico, California, on the southern New River, Im6 perial County, California. 

7 ‘‘(83) RICHMOND, CALIFORNIA.—$25,000,000 

8 for a recycled water treatment facility, Richmond, 

9 California. 

10 ‘‘(84) SANTA CLARA COUNTY, CALIFORNIA.— 

11 $5,500,000 for an advanced recycling water treat12 ment plant in Santa Clara County, California. 

13 ‘‘(85) SOUTHERN LOS ANGELES COUNTY, CALI14 FORNIA.—$15,000,000 for environmental infrastruc15 ture for the groundwater basin optimization pipeline, 

16 Southern Los Angeles County, California. 

17 ‘‘(86) SWEETWATER RESERVOIR, SAN DIEGO

18 COUNTY, CALIFORNIA.—$375,000 to improve water 

19 quality, and remove nonnative aquatic species from 

20 the Sweetwater Reservoir, San Diego County, Cali21 fornia. 

22 ‘‘(87) WHITTIER, CALIFORNIA.—$8,000,000 for 

23 water, wastewater, and water related infrastructure, 

24 Whittier, California. 
367 

HR 2864 PCS 

1 ‘‘(88) MONTEZUMA AND LA PLATA COUNTIES, 

2 COLORADO.—$1,000,000 for water and wastewater 

3 related infrastructure for the Ute Mountain project, 

4 Montezuma and La Plata Counties, Colorado. 

5 ‘‘(89) PUEBLO AND OTERO COUNTIES, COLO6 RADO.—$34,000,000 for water transmission infra7 structure, Pueblo and Otero Counties, Colorado. 

8 ‘‘(90) LEDYARD AND MONTVILLE, CON9 NECTICUT.—$7,113,000 for water infrastructure, 

10 Ledyard and Montville, Connecticut. 

11 ‘‘(91) ANACOSTIA RIVER, DISTRICT OF COLUM12 BIA AND MARYLAND.—$20,000,000 for environ13 mental infrastructure and resource protection and 

14 development to enhance water quality and living re15 sources in the Anacostia River watershed, District of 

16 Columbia and Maryland. 

17 ‘‘(92) WASHINGTON, DISTRICT OF COLUMBIA.— 

18 $35,000,000 for implementation of a combined 

19 sewer overflow long-term control plan, Washington, 

20 District of Columbia. 

21 ‘‘(93) CHARLOTTE COUNTY, FLORIDA.— 

22 $3,000,000 for water supply infrastructure, Char23 lotte County, Florida. 

24 ‘‘(94) CHARLOTTE, LEE, AND COLLIER COUN25 TIES, FLORIDA.—$20,000,000 for water supply 
368 

HR 2864 PCS 

1 interconnectivity infrastructure, Charlotte, Lee, and 

2 Collier Counties, Florida. 

3 ‘‘(95) COLLIER COUNTY, FLORIDA.— 

4 $5,000,000 for water infrastructure to improve 

5 water quality in the vicinity of the Gordon River, 

6 Collier County, Florida. 

7 ‘‘(96) JACKSONVILLE, FLORIDA.—$25,000,000 

8 for wastewater related infrastructure, including sep9 tic tank replacements, Jacksonville, Florida. 

10 ‘‘(97) NORTH VERNON AND BUTLERVILLE, IN11 DIANA.—$1,700,000 for wastewater infrastructure, 

12 North Vernon and Butlerville, Indiana. 

13 ‘‘(98) SALEM, WASHINGTON COUNTY, INDI14 ANA.—$3,200,000 for water supply infrastructure, 

15 Salem, Washington County, Indiana. 

16 ‘‘(99) CENTRAL KENTUCKY.—$10,000,000 for 

17 water related infrastructure and resource protection 

18 and development, Scott, Franklin, Woodford, Ander19 son, Fayette, Mercer, Jessamine, Boyle, Lincoln, 

20 Garrard, Madison, Estill, Powell, Clark, Mont21 gomery, and Bourbon Counties, Kentucky. 

22 ‘‘(100) PLAQUEMINE, LOUISIANA.—$7,000,000 

23 for sanitary sewer and wastewater infrastructure, 

24 Plaquemine, Louisiana. 
369 

HR 2864 PCS 

1 ‘‘(101) CITY OF BILOXI, CITY OF GULFPORT, 

2 AND HARRISON COUNTY, MISSISSIPPI.—$15,000,000 

3 for water and wastewater related infrastructure, city 

4 of Biloxi, city of Gulfport, and Harrison County, 

5 Mississippi. 

6 ‘‘(102) CLARK COUNTY, NEVADA.—$30,000,000 

7 for wastewater infrastructure, Clark County, Ne8 vada. 

9 ‘‘(103) HENDERSON, NEVADA.—$5,000,000 for 

10 wastewater infrastructure, Henderson, Nevada. 

11 ‘‘(104) PATERSON, NEW JERSEY.—$35,000,000 

12 for wastewater infrastructure, Paterson, New Jer13 sey. 

14 ‘‘(105) SENNETT, NEW YORK.—$1,500,000 for 

15 water infrastructure, Town of Sennett, New York. 

16 ‘‘(106) SPRINGPORT AND FLEMING, NEW

17 YORK.—$10,000,000 for water related infrastruc18 ture, including water mains, pump stations, and 

19 water storage tanks, Springport and Fleming, New 

20 York. 

21 ‘‘(107) CABARRUS COUNTY, NORTH CARO22 LINA.—$4,500,000 for water related infrastructure, 

23 Cabarrus County, North Carolina. 
370 

HR 2864 PCS 

1 ‘‘(108) RICHMOND COUNTY, NORTH CARO2 LINA.—$8,000,000 for water related infrastructure, 

3 Richmond County, North Carolina. 

4 ‘‘(109) UNION COUNTY, NORTH CAROLINA.— 

5 $6,000,000 for wastewater infrastructure, Union 

6 County, North Carolina. 

7 ‘‘(110) LAKE COUNTY, OHIO.—$1,500,000 for 

8 wastewater infrastructure, Lake County, Ohio. 

9 ‘‘(111) MENTOR-ON-LAKE, OHIO.—$625,000 

10 for water and wastewater infrastructure, Mentor-on11 Lake, Ohio. 

12 ‘‘(112) WILLOWICK, OHIO.—$665,000 for water 

13 and wastewater infrastructure, Willowick, Ohio. 

14 ‘‘(113) ALBANY, OREGON.—$35,000,000 for 

15 wastewater infrastructure to improve water quality, 

16 Albany, Oregon. 

17 ‘‘(114) BOROUGH OF STOCKERTON, BOROUGH

18 OF TATAMY, AND PALMER TOWNSHIP, PENNSYL19 VANIA.—$10,000,000 for stormwater control meas20 ures, particularly to address sinkholes, in the vicinity 

21 of the Borough of Stockerton, the Borough of 

22 Tatamy, and Palmer Township, Pennsylvania. 

23 ‘‘(115) HATFIELD BOROUGH, PENNSYLVANIA.— 

24 $310,000 for wastewater related infrastructure for 

25 Hatfield Borough, Pennsylvania. 
371 

HR 2864 PCS 

1 ‘‘(116) LEHIGH COUNTY, PENNSYLVANIA.— 

2 $5,000,000 for stormwater control measures and 

3 storm sewer improvements, Lehigh County, Pennsyl4 vania. 

5 ‘‘(117) NORTH WALES BOROUGH, PENNSYL6 VANIA.—$1,516,584 for wastewater related infra7 structure for North Wales Borough, Pennsylvania. 

8 ‘‘(118) PEN ARGYL, PENNSYLVANIA.— 

9 $5,250,000 for wastewater infrastructure, Pen 

10 Argyl, Pennsylvania. 

11 ‘‘(119) PHILADELPHIA, PENNSYLVANIA.— 

12 $1,600,000 for wastewater related infrastructure for 

13 Philadelphia, Pennsylvania. 

14 ‘‘(120) VERA CRUZ, PENNSYLVANIA.— 

15 $5,500,000 for wastewater infrastructure, Vera 

16 Cruz, Pennsylvania. 

17 ‘‘(121) COMMONWEALTH OF PUERTO RICO.— 

18 $35,000,000 for water and wastewater infrastruc19 ture in the Commonwealth of Puerto Rico. 

20 ‘‘(122) CROSS, SOUTH CAROLINA.—$2,000,000 

21 for water related environmental infrastructure, 

22 Cross, South Carolina. 

23 ‘‘(123) MYRTLE BEACH, SOUTH CAROLINA.— 

24 $6,000,000 for environmental infrastructure, includ25 ing ocean outfalls, Myrtle Beach, South Carolina. 
372 

HR 2864 PCS 

1 ‘‘(124) NORTH MYRTLE BEACH, SOUTH CARO2 LINA.—$6,000,000 for environmental infrastructure, 

3 including ocean outfalls, North Myrtle Beach, South 

4 Carolina. 

5 ‘‘(125) SURFSIDE, SOUTH CAROLINA.— 

6 $6,000,000 for environmental infrastructure, includ7 ing stormwater system improvements and ocean out8 falls, Surfside, South Carolina. 

9 ‘‘(126) ATHENS, TENNESSEE.—$16,000,000 for 

10 wastewater infrastructure, Athens, Tennessee. 

11 ‘‘(127) DUCHESNE, IRON, AND UINTAH COUN12 TIES, UTAH.—$10,800,000 for water related infra13 structure, Duchesne, Iron, and Uintah Counties, 

14 Utah. 

15 ‘‘(128) MONROE, NORTH CAROLINA.— 

16 $11,500,000 for water related infrastructure, includ17 ing water supply reservoir dredging, Monroe, North 

18 Carolina. 

19 ‘‘(129) CHARLOTTE, NORTH CAROLINA.— 

20 $5,000,000 for phase II of the Briar Creek waste21 water project, Charlotte, North Carolina. 

22 ‘‘(130) LOS ANGELES COUNTY, CALIFORNIA.— 

23 $3,000,000 for wastewater and water related infra24 structure, Diamond Bar, La Habra Heights, and 

25 Rowland Heights, Los Angeles County, California. 
373 

HR 2864 PCS 

1 ‘‘(131) ORANGE COUNTY, CALIFORNIA.— 

2 $15,000,000 for wastewater and water related infra3 structure, Anaheim, Brea, La Habra, Mission Viejo, 

4 Rancho Santa Margarita, and Yorba Linda, Orange 

5 County, California. 

6 ‘‘(132) SAN BERNADINO COUNTY, CALI7 FORNIA.—$9,000,000 for wastewater and water re8 lated infrastructure, Chino and Chino Hills, San 

9 Bernadino County, California. 

10 ‘‘(133) FAYETTEVILLE, GRANTVILLE, LA11 GRANGE, PINE MOUNTAIN (HARRIS COUNTY), 

12 DOUGLASVILLE, AND CARROLLTON, GEORGIA.— 

13 $24,500,000 for water and wastewater infrastruc14 ture, Fayetteville, Grantville, LaGrange, Pine Moun15 tain (Harris County), Douglasville, and Carrollton, 

16 Georgia. 

17 ‘‘(134) MERIWETHER AND SPALDING COUN18 TIES, GEORGIA.—$7,000,000 for water and waste19 water infrastructure, Meriwether and Spalding 

20 Counties, Georgia. 

21 ‘‘(135) ARCADIA, SIERRA MADRE, AND UPLAND, 

22 CALIFORNIA.—$33,000,000 for water and waste23 water infrastructure, Arcadia, Sierra Madre, and 

24 Upland, California, including $13,000,000 for 

25 stormwater infrastructure for Upland, California. 
374 

HR 2864 PCS 

1 ‘‘(136) FT. BEND COUNTY, TEXAS.— 

2 $20,000,000 for wastewater infrastructure, Ft. Bend 

3 County, Texas. 

4 ‘‘(137) NEW RIVER, CALIFORNIA.—$10,000,000 

5 for wastewater infrastructure to improve water qual6 ity in the New River, California. 

7 ‘‘(138) BIG BEAR AREA REGIONAL WASTE8 WATER AGENCY, CALIFORNIA.—$15,000,000 for 

9 water reclamation and distribution, Big Bear Area 

10 Regional Wastewater Agency, California. 

11 ‘‘(139) LAKE NACIMIENTO, CALIFORNIA.— 

12 $25,000,000 for water supply infrastructure for the 

13 communities of Atascadero, Paso Robles, Templeton, 

14 and San Luis Obispo, San Luis Obispo County, 

15 California. 

16 ‘‘(140) OTERO, BENT, CROWLEY, KIOWA, AND

17 PROWERS COUNTIES, COLORADO.—$35,000,000 for 

18 water transmission infrastructure, Otero, Bent, 

19 Crowley, Kiowa, and Prowers Counties, Colorado. 

20 ‘‘(141) SAIPAN, NORTHERN MARIANA IS21 LANDS.—$20,000,000 for water related infrastruc22 ture, Saipan, Northern Mariana Islands. 

23 ‘‘(142) STOCKTON, CALIFORNIA.—$33,000,000 

24 for water treatment and distribution infrastructure, 

25 Stockton, California. 
375 

HR 2864 PCS 

1 ‘‘(143) JACKSON, MISSISSIPPI.—$25,000,000 

2 for water and wastewater infrastructure, Jackson, 

3 Mississippi. 

4 ‘‘(144) CROOKED CREEK, MARLBORO COUNTY, 

5 SOUTH CAROLINA.—$25,000,000 for a project for 

6 water storage and water supply infrastructure on 

7 Crooked Creek, Marlboro County, South Carolina. 

8 ‘‘(145) CENTRAL TEXAS.—$20,000,000 for 

9 water and wastewater infrastructure in Bosque, 

10 Brazos, Burleson, Grimes, Hill, Hood, Johnson, 

11 Madison, McLennan, Limestone, Robertson, and 

12 Somervell Counties, Texas. 

13 ‘‘(146) EL PASO COUNTY, TEXAS.— 

14 $25,000,000 for water related infrastructure and re15 source protection and development, El Paso County, 

16 Texas. 

17 ‘‘(147) NORTHERN WEST VIRGINIA.— 

18 $20,000,000 for water and wastewater infrastruc19 ture in Hancock, Ohio, Marshall, Wetzel, Tyler, 

20 Pleasants, Wood, Doddridge, Monongalia, Marion, 

21 Harrison, Taylor, Barbour, Preston, Tucker, Min22 eral, Grant, Gilmer, Brooke, Ritchie Counties, West 

23 Virginia.’’. 
376 

HR 2864 PCS 

1 TITLE VI—FLORIDA 

2 EVERGLADES 

3 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR4 IDA. 

5 (a) MODIFICATION.—The project for Hillsboro and 

6 Okeechobee Aquifer, Florida, authorized by section 

7 101(a)(16) of the Water Resources Development Act of 

8 1999 (113 Stat. 276), is modified to authorize the Sec9 retary to carry out the project at a total cost of 

10 $39,200,000. 

11 (b) TREATMENT.—Section 601(b)(2)(A) of the Water 

12 Resources Development Act of 2000 (114 Stat. 2681) is 

13 amended— 

14 (1) in clause (i) by adding at the end the fol15 lowing: ‘‘The project for aquifer storage and recov16 ery, Hillsboro and Okeechobee Aquifer, Florida, au17 thorized by section 101(a)(16) of the Water Re18 sources Development Act of 1999 (113 Stat. 276), 

19 shall be treated for purposes of this section as being 

20 in the Plan, except that operation and maintenance 

21 costs of the project shall remain a non-Federal re22 sponsibility.’’; and 

23 (2) in clause (iii) by inserting after ‘‘subpara24 graph (B)’’ the following: ‘‘and the project for aqui-
377 

HR 2864 PCS 

1 fer storage and recovery, Hillsboro and Okeechobee 

2 Aquifer’’. 

3 SEC. 6002. PILOT PROJECTS. 

4 Section 601(b)(2)(B) of the Water Resources Devel5 opment Act of 2000 (114 Stat. 2681) is amended— 

6 (1) in the matter preceding clause (i)— 

7 (A) by striking ‘‘$69,000,000’’ and insert8 ing ‘‘$71,200,000’’; and 

9 (B) by striking ‘‘$34,500,000’’ each place 

10 it appears and inserting ‘‘$35,600,000’’; and 

11 (2) in clause (i)— 

12 (A) by striking ‘‘$6,000,000’’ and inserting 

13 ‘‘$8,200,000’’; and 

14 (B) by striking ‘‘$3,000,000’’ each place it 

15 appears and inserting ‘‘$4,100,000’’. 

16 SEC. 6003. MAXIMUM COST OF PROJECTS. 

17 Section 601(b)(2)(E) of the Water Resources Devel18 opment Act of 2000 (114 Stat. 2683) is amended by in19 serting ‘‘and section (d)’’ before the period at the end. 

20 SEC. 6004. PROJECT AUTHORIZATION. 

21 Section 601(d) of the Water Resources Development 

22 Act of 2000 (114 Stat. 2684) is amended by adding at 

23 the end the following: 

24 ‘‘(3) PROJECT AUTHORIZATION.—The following 

25 project for water resources development and con-
378 

HR 2864 PCS 

1 servation and other purposes is authorized to be car2 ried out by the Secretary substantially in accordance 

3 with the plans, and subject to the conditions, de4 scribed in the report designated in this paragraph: 

5 ‘‘(A) INDIAN RIVER LAGOON SOUTH, FLOR6 IDA.—The project for ecosystem restoration, 

7 water supply, flood damage reduction, and pro8 tection of water quality, Indian River Lagoon 

9 South, Florida: Report of the Chief of Engi10 neers dated August 6, 2004, at a total cost of 

11 $1,210,608,000, with an estimated Federal cost 

12 of $605,304,000 and an estimated non-Federal 

13 cost of $605,304,000. 

14 ‘‘(4) PROJECT SUBJECT TO A FINAL REPORT.— 

15 The following project for water resources develop16 ment and conservation and other purposes is author17 ized to be carried out by the Secretary substantially 

18 in accordance with a final report of the Chief of En19 gineers: 

20 ‘‘(A) PICAYUNE STRAND, FLORIDA.—The 

21 project for environmental restoration, Picayune 

22 Strand, Florida, at a total cost of 

23 $349,422,000, with an estimated Federal cost 

24 of $174,711,000 and an estimated non-Federal 

25 cost of $174,711,000, if a favorable report of 
379 

HR 2864 PCS 

1 the Chief is completed not later than December 

2 31, 2005.’’. 

3 SEC. 6005. CREDIT. 

4 Section 601(e)(5)(B) of the Water Resources Devel5 opment Act of 2000 (114 Stat. 2685) is amended— 

6 (1) in clause (i)— 

7 (A) by striking ‘‘or’’ at the end of sub8 clause (I); 

9 (B) by adding ‘‘or’’ at the end of subclause 

10 (II); and 

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

12 ‘‘(III) the credit is provided for work 

13 carried out before the date of the partner14 ship agreement between the Secretary and 

15 the non-Federal sponsor, as defined in an 

16 agreement between the Secretary and the 

17 non-Federal sponsor providing for such 

18 credit;’’; and 

19 (2) in clause (ii)— 

20 (A) by striking ‘‘design agreement or the 

21 project cooperation’’; and 

22 (B) by inserting before the semicolon the 

23 following: ‘‘, including in the case of credit pro24 vided under clause (i)(III) conditions relating to 

25 design and construction’’. 
380 

HR 2864 PCS 

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. DEAUTHORIZATIONS. 

19 As of the date of enactment of this Act, the following 

20 projects are not authorized: 

21 (1) The uncompleted portions of the project au22 thorized by section 601(b)(2)(C)(i) of the Water Re23 sources Development Act of 2000 (114 Stat. 2682), 

24 C–44 Basin Storage Reservoir of the Comprehensive 

25 Everglades Restoration Plan. 
381 

HR 2864 PCS 

1 (2) The uncompleted portions of the project au2 thorized by section 203 of the Flood Control Act of 

3 1968 (82 Stat. 740), Martin County, Florida modi4 fications to the Central and South Florida Project, 

5 as contained in Senate Document 101, 90th Con6 gress, 2d Session. 

7 (3) The uncompleted portions of the project au8 thorized by section 203 of the Flood Control Act of 

9 1968 (82 Stat. 740), East Coast Backpumping, St. 

10 Lucie—Martin County, Spillway Structure S–311 of 

11 the Central and South Florida Project, as contained 

12 in House Document 369, 90th Congress, 2d Session. 

13 SEC. 6009. MODIFIED WATER DELIVERY. 

14 (a) TAMIAMI TRAIL.—The Secretary shall not carry 

15 out a project for raising Tamiami Trail, Florida, until 

16 such date as the project is specifically authorized by law. 

17 (b) REPORTS.—The Secretary shall submit to Con18 gress reports recommending specific authorizations in law 

19 for— 

20 (1) changes to the project to improve water de21 liveries to Everglades National Park, authorized by 

22 section 104 of the Everglades National Park Protec23 tion and Expansion Act of 1989 (16 U.S.C. 410r– 

24 8), if necessary; 
382 

HR 2864 PCS 

1 (2) a project to raise Tamiami Trail, Florida, 

2 if necessary; and 

3 (3) a combined structural and operational plan 

4 for the C–111 Canal Project, authorized by section 

5 203 of the Flood Control Act of 1948 (62 Stat. 

6 1176), and modified by section 203 of the Flood 

7 Control Act of 1968 (82 Stat. 740), and further 

8 modified by section 316 of the Water Resources De9 velopment Act of 1996 (110 Stat. 3715), and the 

10 project to improve water deliveries to Everglades 

11 National Park. 

12 TITLE VII—LOUISIANA COASTAL 

13 AREA 

14 SEC. 7001. DEFINITIONS. 

15 In this title, the following definitions apply: 

16 (1) COASTAL LOUISIANA ECOSYSTEM.—The 

17 term ‘‘coastal Louisiana ecosystem’’ means the 

18 coastal area of Louisiana from the Sabine River on 

19 the west and the Pearl River on the east, including 

20 those parts of the Deltaic Plain and the Chenier 

21 Plain included within the study area of the Plan. 

22 (2) GOVERNOR.—The term ‘‘Governor’’ means 

23 the Governor of the State of Louisiana. 

24 (3) PLAN.—The term ‘‘Plan’’ means the report 

25 of the Chief of Engineers for ecosystem restoration 
383 

HR 2864 PCS 

1 for the Louisiana Coastal Area dated January 31, 

2 2005. 

3 (4) TASK FORCE.—The term ‘‘Task Force’’ 

4 means the Coastal Louisiana Ecosystem Protection 

5 and Restoration Task Force established by section 

6 7003. 

7 SEC. 7002. ADDITIONAL REPORTS. 

8 (a) MISSISSIPPI RIVER GULF OUTLET.—Not later 

9 than 2 years after the date of enactment of this Act, the 

10 Secretary shall submit to Congress a report recommending 

11 modifications to the Mississippi River Gulf Outlet to ad12 dress navigation, salt water intrusion, channel bank ero13 sion, mitigation, and threats to life and property. 

14 (b) CHENIER PLAIN.—Not later than July 1, 2006, 

15 the Secretary shall submit to Congress a report recom16 mending near-term ecosystem restoration measures for the 

17 Chenier Plain, Louisiana. 

18 (c) LONG-TERM PLAN.— 

19 (1) COMPREHENSIVE FRAMEWORK.—Not later 

20 than one year after the date of enactment of this 

21 section, the Secretary shall submit to Congress a 

22 recommended framework for developing a long-term 

23 program that provides for the comprehensive protec24 tion, conservation, and restoration of the wetlands, 

25 estuaries (including Barataria-Terrebonne Estuary), 
384 

HR 2864 PCS 

1 barrier islands, and related land and features that 

2 protect critical resources, habitat, and infrastructure 

3 in the coastal Louisiana ecosystem from the impacts 

4 of coastal storms, hurricanes, erosion, and subsid5 ence. 

6 (2) CONSIDERATION.—In developing the rec7 ommended framework, the Secretary shall consider 

8 integrating other Federal or State projects or activi9 ties within the coastal Louisiana ecosystem into the 

10 long-term restoration program. 

11 (3) COMPREHENSIVE PLAN.— 

12 (A) DEADLINE.—Not later than five years 

13 after the date of enactment of this Act, the Sec14 retary shall submit to Congress a feasibility 

15 study recommending a comprehensive, long16 term, plan for the protection, conservation, and 

17 restoration of the coastal Louisiana ecosystem. 

18 (B) INTEGRATION.—The comprehensive, 

19 long-term, plan shall include recommendations 

20 for the integration of ongoing Federal and 

21 State projects, programs, and activities. 

22 SEC. 7003. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

23 AND RESTORATION TASK FORCE. 

24 (a) ESTABLISHMENT AND MEMBERSHIP.—There is 

25 established the Coastal Louisiana Ecosystem Protection 
385 

HR 2864 PCS 

1 and Restoration Task Force, which shall consist of the fol2 lowing members (or, in the case of the head of a Federal 

3 agency, a designee at the level of Assistant Secretary or 

4 an equivalent level): 

5 (1) The Secretary. 

6 (2) The Secretary of the Interior. 

7 (3) The Secretary of Commerce. 

8 (4) The Administrator of the Environmental 

9 Protection Agency. 

10 (5) The Secretary of Agriculture. 

11 (6) The Secretary of Transportation. 

12 (7) The Secretary of Energy. 

13 (8) The Director of the Federal Emergency 

14 Management Agency. 

15 (9) The Commandant of the Coast Guard. 

16 (10) The Coastal Advisor to the Governor. 

17 (11) The Secretary of the Louisiana Depart18 ment of Natural Resources. 

19 (12) A representative of the Louisiana Gov20 ernor’s Advisory Commission on Coastal Restoration 

21 and Conservation. 

22 (b) DUTIES OF TASK FORCE.—The Task Force 

23 shall— 

24 (1) make recommendations to the Secretary re25 garding policies, strategies, plans, programs, 
386 

HR 2864 PCS 

1 projects, and activities for addressing protection, 

2 conservation, and restoration of the coastal Lou3 isiana ecosystem; 

4 (2) prepare financial plans for each of the agen5 cies represented on the Task Force for funds pro6 posed for the protection, conservation, and restora7 tion of the coastal Louisiana ecosystem under au8 thorities of each agency, including— 

9 (A) recommendations that identify funds 

10 from current agency missions and budgets; and 

11 (B) recommendations for coordinating in12 dividual agency budget requests; and 

13 (3) submit to Congress a biennial report that 

14 summarizes the activities of the Task Force and 

15 progress towards the purposes set forth in section 

16 7002(c)(1). 

17 (c) PROCEDURES AND ADVICE.—The Task Force 

18 shall— 

19 (1) implement procedures to facilitate public 

20 participation with regard to Task Force activities, 

21 including— 

22 (A) providing advance notice of meetings; 

23 (B) providing adequate opportunity for 

24 public input and comment; 

25 (C) maintaining appropriate records; and 
387 

HR 2864 PCS 

1 (D) making a record of proceedings avail2 able for public inspection; and 

3 (2) establish such working groups as are nec4 essary to assist the Task Force in carrying out its 

5 duties. 

6 (d) COMPENSATION.—Members of the Task Force or 

7 any associated working group may not receive compensa8 tion for their services as members of the Task Force or 

9 working group. 

10 (e) TRAVEL EXPENSES.—Travel expenses incurred 

11 by members of the Task Force, or members of an associ12 ated working group, in the performance of their service 

13 on the Task Force or working group shall be paid by the 

14 agency or entity that the member represents. 

15 (f) APPLICATION OF FEDERAL ADVISORY COM16 MITTEE ACT.—The Task Force and any working group 

17 established by the Task Force shall not be considered an 

18 advisory committee under the Federal Advisory Com19 mittee Act (5 U.S.C. App.). 

20 SEC. 7004. INVESTIGATIONS. 

21 (a) IN GENERAL.—The Secretary shall conduct feasi22 bility studies for future authorization and large-scale stud23 ies substantially in accordance with the Plan at a total 

24 cost $130,000,000. 
388 

HR 2864 PCS 

1 (b) EXISTING FEDERALLY AUTHORIZED WATER RE2 SOURCES PROJECTS.— 

3 (1) IN GENERAL.—The Secretary shall review 

4 existing federally authorized water resources projects 

5 in the coastal Louisiana ecosystem in order to deter6 mine their consistency with the purposes of this sec7 tion and whether the projects have the potential to 

8 contribute to ecosystem restoration through revised 

9 operations or modified project features. 

10 (2) FUNDING.—There is authorized to be ap11 propriated $10,000,000 to carry out this subsection. 

12 SEC. 7005. CONSTRUCTION. 

13 (a) COASTAL LOUISIANA ECOSYSTEM PROGRAM.— 

14 (1) IN GENERAL.—The Secretary shall carry 

15 out a coastal Louisiana ecosystem program substan16 tially in accordance with the Plan, at a total cost of 

17 $50,000,000. 

18 (2) OBJECTIVES.—The objectives of the pro19 gram shall be to— 

20 (A) identify uncertainties about the phys21 ical, chemical, geological, biological, and cul22 tural baseline conditions in the coastal Lou23 isiana ecosystem; 

24 (B) improve the State of knowledge of the 

25 physical, chemical, geological, biological, and 
389 

HR 2864 PCS 

1 cultural baseline conditions in the coastal Lou2 isiana ecosystem; and 

3 (C) identify and develop technologies, mod4 els, and methods that could be useful in car5 rying out the purposes of this title. 

6 (3) WORKING GROUPS.—The Secretary may es7 tablish such working groups as are necessary to as8 sist in carrying out this subsection. 

9 (4) PROCEDURES AND ADVICE.—In carrying 

10 out this subsection, the Secretary is authorized to 

11 enter into contracts and cooperative agreements with 

12 scientific and engineering experts in the restoration 

13 of aquatic and marine ecosystems, including a con14 sortium of academic institutions in Louisiana and 

15 Mississippi for coastal restoration and enhancement 

16 through science and technology. 

17 (b) DEMONSTRATION PROJECTS.— 

18 (1) IN GENERAL.—Subject to paragraphs (2) 

19 and (3), the Secretary may carry out projects sub20 stantially in accordance with the Plan for the pur21 pose of resolving critical areas of scientific or tech22 nological uncertainty related to the implementation 

23 of the comprehensive plan to be developed under sec24 tion 7002(c)(3). 

25 (2) MAXIMUM COST.— 
390 

HR 2864 PCS 

1 (A) TOTAL COST.—The total cost for plan2 ning, design, and construction of all demonstra3 tion projects under this subsection shall not ex4 ceed $100,000,000. 

5 (B) INDIVIDUAL PROJECT.—The total cost 

6 of an individual demonstration project under 

7 this subsection shall not exceed $25,000,000. 

8 (c) INITIAL PROJECTS.—The Secretary is authorized 

9 to carry out the following projects substantially in accord10 ance with the Plan: 

11 (1) Mississippi River Gulf Outlet Environ12 mental Restoration at a total cost of $105,300,000. 

13 (2) Small Diversion at Hope Canal at a total 

14 cost of $68,600,000. 

15 (3) Barataria Basin Barrier Shoreline Restora16 tion at a total cost of $242,600,000. 

17 (4) Small Bayou Lafourche Reintroduction at a 

18 total cost of $133,500,000. 

19 (5) Medium Diversion at Myrtle Grove with 

20 Dedicated Dredging at a total cost of $278,300,000. 

21 (d) BENEFICIAL USE OF DREDGED MATERIAL.—The 

22 Secretary, substantially in accordance with the Plan, shall 

23 implement in the coastal Louisiana ecosystem a program 

24 for the beneficial use of material dredged from federally 

25 maintained waterways at a total cost of $100,000,000. 
391 

HR 2864 PCS 

1 SEC. 7006. NON-FEDERAL COST SHARE. 

2 (a) CREDIT.—The Secretary shall credit toward the 

3 non-Federal share of the cost of a study authorized by 

4 section 7004 or a project authorized by section 7005 the 

5 cost of work carried out in the coastal Louisiana eco6 system by the non-Federal interest before the date of the 

7 partnership agreement for the study or project, as the case 

8 may be, if the Secretary determines that the work is inte9 gral to the study or project, as the case may be. 

10 (b) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

11 Any credit provided under this section toward the non12 Federal share of the cost of a study authorized by section 

13 7004 or a project authorized by section 7005 may be ap14 plied toward the non-Federal share of the cost of any other 

15 study authorized by section 7004 or any other project au16 thorized by section 7005, as the case may be. 

17 (c) PERIODIC MONITORING.— 

18 (1) IN GENERAL.—To ensure that the contribu19 tions of the non-Federal interest equal the non-Fed20 eral share of the cost of a study authorized by sec21 tion 7004 or a project authorized by section 7005, 

22 during each 5-year period beginning after the date 

23 of commencement of the first study under section 

24 7004 or construction of the first project under sec25 tion 7005, as the case may be, the Secretary shall— 
392 

HR 2864 PCS 

1 (A) monitor the non-Federal provision for 

2 each study authorized by section 7004 or each 

3 project authorized by section 7005, as the case 

4 may be, of cash, in-kind services and materials, 

5 and land, easements, rights-of-way, relocations, 

6 and disposal areas; and 

7 (B) manage, to the extent practicable, the 

8 requirement of the non-Federal interest to pro9 vide for each such project cash, in-kind services 

10 and materials, and land, easements, rights-of11 way, relocations, and disposal areas. 

12 (2) OTHER MONITORING.—The Secretary shall 

13 conduct monitoring separately for the study phase, 

14 construction phase, the preconstruction engineering 

15 and design phase, and the planning phase for each 

16 project authorized on or after date of enactment of 

17 this Act for all or any portion of the coastal Lou18 isiana ecosystem. 

19 (d) AUDITS.—Credit for land, easements, rights-of20 way, relocations, and disposal areas (including land value 

21 and incidental costs) provided under this section, and the 

22 cost of work provided under this section, shall be subject 

23 to audit by the Secretary. 
393 

HR 2864 PCS 

1 SEC. 7007. PROJECT JUSTIFICATION. 

2 (a) IN GENERAL.—Notwithstanding section 209 of 

3 the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any 

4 other provision of law, in carrying out any project or activ5 ity authorized by or under this title or any other provision 

6 of law to protect, conserve, and restore the coastal Lou7 isiana ecosystem, the Secretary may determine that— 

8 (1) the project or activity is justified by the en9 vironmental benefits derived by the coastal Lou10 isiana ecosystem; and 

11 (2) no further economic justification for the 

12 project or activity is required if the Secretary deter13 mines that the project or activity is cost effective. 

14 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

15 shall not apply to any separable element intended to 

16 produce benefits that are predominantly unrelated to the 

17 protection, conservation, and restoration of the coastal 

18 Louisiana ecosystem. 

19 SEC. 7008. STATUTORY CONSTRUCTION. 

20 (a) EXISTING AUTHORITY.—Except as otherwise pro21 vided in this title, nothing in this title affects any author22 ity in effect on the date of enactment of this Act, or any 

23 requirement relating to the participation in protection, 

24 conservation, and restoration projects and activities in the 

25 coastal Louisiana ecosystem, including projects and activi26 ties referred to in subsection (a) of— 
394 

HR 2864 PCS 

1 (1) the Department of the Army; 

2 (2) the Department of the Interior; 

3 (3) the Department of Commerce; 

4 (4) the Environmental Protection Agency; 

5 (5) the Department of Agriculture; 

6 (6) the Department of Transportation; 

7 (7) the Department of Energy; 

8 (8) the Federal Emergency Management Agen9 cy; 

10 (9) the Coast Guard; and 

11 (10) the State of Louisiana. 

12 (b) NEW AUTHORITY.—Nothing in this title confers 

13 any new regulatory authority on any Federal or non-Fed14 eral entity that carries out any project or activity author15 ized by or under this title. 

16 TITLE VIII—UPPER MISSISSIPPI 

17 RIVER AND ILLINOIS WATER18 WAY SYSTEM 

19 SEC. 8001. DEFINITIONS. 

20 In this title, the following definitions apply: 

21 (1) PLAN.—The term ‘‘Plan’’ means the project 

22 for navigation and ecosystem improvements for the 

23 Upper Mississippi River and Illinois Waterway Sys24 tem: Report of the Chief of Engineers, dated Decem25 ber 15, 2004. 
395 

HR 2864 PCS 

1 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

2 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 

3 River and Illinois Waterway System’’ means the 

4 projects for navigation and ecosystem restoration au5 thorized by Congress for— 

6 (A) the segment of the Mississippi River 

7 from the confluence with the Ohio River, River 

8 Mile 0.0, to Upper St. Anthony Falls Lock in 

9 Minneapolis-St. Paul, Minnesota, River Mile 

10 854.0; and 

11 (B) the Illinois Waterway from its con12 fluence with the Mississippi River at Grafton, 

13 Illinois, River Mile 0.0, to T.J. O’Brien Lock in 

14 Chicago, Illinois, River Mile 327.0. 

15 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA16 TION. 

17 Except as modified by this title, the Secretary shall 

18 undertake navigation improvements and restoration of the 

19 ecosystem for the Upper Mississippi River and Illinois 

20 Water System substantially in accordance with the Plan 

21 and subject to the conditions described therein. 

22 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA23 TION IMPROVEMENTS. 

24 (a) SMALL SCALE AND NONSTRUCTURAL MEAS25 URES.— 
396 

HR 2864 PCS 

1 (1) IN GENERAL.—The Secretary shall— 

2 (A) construct mooring facilities at Locks 

3 12, 14, 18, 20, 22, 24, and LaGrange Lock; 

4 (B) provide switchboats at Locks 20 

5 through 25; and 

6 (C) conduct development and testing of an 

7 appointment scheduling system. 

8 (2) AUTHORIZATION OF APPROPRIATIONS.— 

9 The total cost of projects authorized under this sub10 section shall be $235,000,000. Such costs shall be 

paid 1 11 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 12 ⁄2 from amounts appro13 priated from the Inland Waterways Trust Fund. 

14 (b) NEW LOCKS.— 

15 (1) IN GENERAL.—The Secretary shall con16 struct new 1,200-foot locks at Locks 20, 21, 22, 24, 

17 and 25 on the Upper Mississippi River and at La18 Grange Lock and Peoria Lock on the Illinois Water19 way. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.— 

21 The total cost of projects authorized under this sub22 section shall be $1,795,000,000. Such costs shall be 

paid 1 23 ⁄2 from amounts appropriated from the general 

fund of the Treasury and 1 24 ⁄2 from amounts appro25 priated from the Inland Waterways Trust Fund. 
397 

HR 2864 PCS 

1 (c) CONCURRENCE.—The mitigation required for the 

2 projects authorized under subsections (a) and (b), includ3 ing any acquisition of lands or interests in lands, shall be 

4 undertaken or acquired concurrently with lands and inter5 ests in lands for the projects authorized under subsections 

6 (a) and (b), and physical construction required for the 

7 purposes of mitigation shall be undertaken concurrently 

8 with the physical construction of such projects. 

9 SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION. 

10 (a) OPERATION.—To ensure the environmental sus11 tainability of the existing Upper Mississippi River and Illi12 nois Waterway System, the Secretary shall modify, con13 sistent with requirements to avoid adverse effects on navi14 gation, the operation of the Upper Mississippi River and 

15 Illinois Waterway System to address the cumulative envi16 ronmental impacts of operation of the system and improve 

17 the ecological integrity of the Upper Mississippi River and 

18 Illinois River. 

19 (b) ECOSYSTEM RESTORATION PROJECTS.— 

20 (1) IN GENERAL.—The Secretary shall carry 

21 out, consistent with requirements to avoid adverse 

22 effects on navigation, ecosystem restoration projects 

23 to attain and maintain the sustainability of the eco24 system of the Upper Mississippi River and Illinois 
398 

HR 2864 PCS 

1 River in accordance with the general framework out2 lined in the Plan. 

3 (2) PROJECTS INCLUDED.—Ecosystem restora4 tion projects may include— 

5 (A) island building; 

6 (B) construction of fish passages; 

7 (C) floodplain restoration; 

8 (D) water level management (including 

9 water drawdown); 

10 (E) backwater restoration; 

11 (F) side channel restoration; 

12 (G) wing dam and dike restoration and 

13 modification; 

14 (H) island and shoreline protection; 

15 (I) topographical diversity; 

16 (J) dam point control; 

17 (K) use of dredged material for environ18 mental purposes; 

19 (L) tributary confluence restoration; 

20 (M) spillway, dam, and levee modification; 

21 and 

22 (N) land and easement acquisition. 

23 (3) COST SHARING.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraphs (B) and (C), the Federal share 
399 

HR 2864 PCS 

1 of the cost of carrying out an ecosystem res2 toration project under this subsection shall be 

3 65 percent. 

4 (B) EXCEPTION FOR CERTAIN RESTORA5 TION PROJECTS.—In the case of a project 

6 under this section for ecosystem restoration, the 

7 Federal share of the cost of carrying out the 

8 project shall be 100 percent if the project— 

9 (i) is located below the ordinary high 

10 water mark or in a connected backwater; 

11 (ii) modifies the operation of struc12 tures for navigation; or 

13 (iii) is located on federally owned 

14 land. 

15 (C) SAVINGS CLAUSE.—Nothing in this 

16 subsection affects the applicability of section 

17 906(e) of the Water Resources Development 

18 Act of 1986 (33 U.S.C. 2283(e)). 

19 (D) NONGOVERNMENTAL ORGANIZA20 TIONS.—Notwithstanding section 221(b) of the 

21 Flood Control Act of 1970 (42 U.S.C. 1962d– 

22 5(b)), for any project carried out under this 

23 title, a non-Federal sponsor may include a non24 profit entity, with the consent of the affected 

25 local government. 
400 

HR 2864 PCS 

1 (4) LAND ACQUISITION.—The Secretary may 

2 acquire land or an interest in land for an ecosystem 

3 restoration project from a willing seller through con4 veyance of— 

5 (A) fee title to the land; or 

6 (B) a flood plain conservation easement. 

7 (c) ECOSYSTEM RESTORATION PRECONSTRUCTION

8 ENGINEERING AND DESIGN.— 

9 (1) RESTORATION DESIGN.—Before initiating 

10 the construction of any individual ecosystem restora11 tion project, the Secretary shall— 

12 (A) establish ecosystem restoration goals 

13 and identify specific performance measures de14 signed to demonstrate ecosystem restoration; 

15 (B) establish the without-project condition 

16 or baseline for each performance indicator; and 

17 (C) for each separable element of the eco18 system restoration, identify specific target goals 

19 for each performance indicator. 

20 (2) OUTCOMES.—Performance measures identi21 fied under paragraph (1)(A) shall include specific 

22 measurable environmental outcomes, such as 

23 changes in water quality, hydrology, or the well24 being of indicator species the population and dis25 tribution of which are representative of the abun-
401 

HR 2864 PCS 

1 dance and diversity of ecosystem-dependent aquatic 

2 and terrestrial species. 

3 (3) RESTORATION DESIGN.—Restoration design 

4 carried out as part of ecosystem restoration shall in5 clude a monitoring plan for the performance meas6 ures identified under paragraph (1)(A), including— 

7 (A) a timeline to achieve the identified tar8 get goals; and 

9 (B) a timeline for the demonstration of 

10 project completion. 

11 (d) SPECIFIC PROJECTS AUTHORIZATION.— 

12 (1) IN GENERAL.—There is authorized to be 

13 appropriated to carry out this subsection 

14 $1,580,000,000, of which not more than 

15 $226,000,000 shall be available for projects de16 scribed in subsection (b)(2)(B) and not more than 

17 $43,000,000 shall be available for projects described 

18 in subsection (b)(2)(J). 

19 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 

20 amounts made available under paragraph (1), not 

21 more than $35,000,000 in any fiscal year may be 

22 used for land acquisition under subsection (b)(4). 

23 (3) INDIVIDUAL PROJECT LIMIT.—Other than 

24 for projects described in subparagraphs (B) and (J) 

25 of subsection (b)(2), the total cost of any single 
402 

HR 2864 PCS 

1 project carried out under this subsection shall not 

2 exceed $25,000,000. 

3 (e) IMPLEMENTATION REPORTS.— 

4 (1) IN GENERAL.—Not later than June 30, 

5 2007, and every 4 years thereafter, the Secretary 

6 shall submit to the Committee on Environment and 

7 Public Works of the Senate and the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives an implementation report that— 

10 (A) includes baselines, milestones, goals, 

11 and priorities for ecosystem restoration 

12 projects; and 

13 (B) measures the progress in meeting the 

14 goals. 

15 (2) ADVISORY PANEL.— 

16 (A) IN GENERAL.—The Secretary shall ap17 point and convene an advisory panel to provide 

18 independent guidance in the development of 

19 each implementation report under paragraph 

20 (1). 

21 (B) PANEL MEMBERS.—Panel members 

22 shall include— 

23 (i) one representative of each of the 

24 State resource agencies (or a designee of 

25 the Governor of the State) from each of 
403 

HR 2864 PCS 

1 the States of Illinois, Iowa, Minnesota, 

2 Missouri, and Wisconsin; 

3 (ii) one representative of the Depart4 ment of Agriculture; 

5 (iii) one representative of the Depart6 ment of Transportation; 

7 (iv) one representative of the United 

8 States Geological Survey; 

9 (v) one representative of the United 

10 States Fish and Wildlife Service; 

11 (vi) one representative of the Environ12 mental Protection Agency; 

13 (vii) one representative of affected 

14 landowners; 

15 (viii) two representatives of conserva16 tion and environmental advocacy groups; 

17 and 

18 (ix) two representatives of agriculture 

19 and industry advocacy groups. 

20 (C) CHAIRPERSON.—The Secretary shall 

21 serve as chairperson of the advisory panel. 

22 (D) APPLICATION OF FEDERAL ADVISORY

23 COMMITTEE ACT.—The Advisory Panel and any 

24 working group established by the Advisory 

25 Panel shall not be considered an advisory com-
404 

HR 2864 PCS 

1 mittee under the Federal Advisory Committee 

2 Act (5 U.S.C. App.). 

3 (f) RANKING SYSTEM.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Advisory Panel, shall develop a system 

6 to rank proposed projects. 

7 (2) PRIORITY.—The ranking system shall give 

8 greater weight to projects that restore natural river 

9 processes, including those projects listed in sub10 section (b)(2). 

11 SEC. 8005. COMPARABLE PROGRESS. 

12 (a) IN GENERAL.—As the Secretary conducts pre-en13 gineering, design, and construction for projects authorized 

14 under this title, the Secretary shall— 

15 (1) select appropriate milestones; 

16 (2) determine, at the time of such selection, 

17 whether the projects are being carried out at com18 parable rates; and 

19 (3) make an annual report to Congress, begin20 ning in fiscal year 2008, regarding whether the 

21 projects are being carried out at a comparable rate. 

22 (b) NO COMPARABLE RATE.—If the Secretary or 

23 Congress determines under subsection (a)(2) that projects 

24 authorized under this title are not moving toward comple25 tion at a comparable rate, annual funding requests for the 
405 

HR 2864 PCS 

1 projects shall be adjusted to ensure that the projects move 

2 toward completion at a comparable rate in the future. 

Passed the House of Representatives July 14, 2005. 

Attest: JEFF TRANDAHL, 

Clerk. 
Calendar No. 166 

109TH CONGRESS 

1ST SESSION H. R. 2864 

AN ACT 

To provide for the conservation and development of 

United States, and for other purposes. for improvements to rivers and harbors of the retary of the Army to construct various projects water and related resources, to authorize the SecJULY 18, 2005 

Received; read twice and placed on the calendar